Loading...
HomeMy WebLinkAboutMinutes 1991-02-13 Mayor Jack Dra§o Council: Richard A. Haffey Gus Nicolopulos John R. Penna ~r-'l~oberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room February 13, 1991 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 February 1991, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and litigation. ~ya, C~ City of South San Francisco Dated: February 7, 1991 C AGENDA 'ALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: 'ADJOURNMENT: ACTION TAKEN 6:40 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, and Drago. Teglia. Councilwoman Teglia announced at a pre- vious meeting that she would be unable to attend tonight's meeting. Council adjourned to a Closed Session at 6:41 p.m. to discuss the items noticed. Mayor Drago recalled the meeting to order at 7:33 p.m., all Council present, no action taken. M/S Haffey/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:34 p.m 2/13/91 Page i Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna ,--Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: AGENDA REVIEW City Manager Armas Requested: - To move Item 16 after the Consent Calendar. ~ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of the Adjourned Regular Meeting of 12/19/90; Adjourned Regular Meeting of 1/2/91; Adjourned Regular Meeting of 1/9/91, Regular Meeting of 1/9/91, Adjourned Regular Meeting of 1/16/91, 2. Motion to confirm expense claims ~ of 2/13/91. 3. Motion to waive fees for the use of/~ the Municipal Services Building Social Hall and Atrium area for the International Arts for Peace on 3/24/91. 0 Motion to waive fees for the use of the Municipal Services Building ~O Social Hall for the S.S.F. Youth Baseball Managers Assn. on 5/11/91. MINUTES City Council Municipal Services Building Community Room February 13, 1991 ACTION TAKEN 7:35 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, and Dra9o. Teglia. Councilwoman Teglia announced at an earlier meeting that she would be unable to attend tonight's meeting. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $2,409,490.26. Fees waived. Fees waived. 2/13/91 Page i AGENDA ACTION TAKEN CONSENT CALENDAR 5. Motion to waive fees for the use of the Westborough Park Buildings for the Westborough Community Swimming Pool Fund Raising and Advisory Committee on 10/5 and 10/6/91. 6. Motion to waive fees for the use of the Municipal Services Building Social Hall for the S.S.F. Police Athletic League on 11/9/91. Motion to adopt: a) an ordinance rezoning the property at 483 Victory Avenue; b) an ordinance the sale of aerosol regarding paint to minors. a) AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SOUTH SAN FRANCISCO TO REZONE PROPERTY LOCATED AT 483 VICTORY AVENUE FROM PLANNED COMMERCIAL TO INDUSTRIAL ZONE DISTRICT b) AN ORDINANCE REPEALING CHAPTER 6.88 ENTITLED "SALE OF AEROSOL PAINT TO MINORS" AND ADDING ~mo~ CHAPTER 10.48 ENTITLED "GRAFFITI" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Resolution authorizing the Department of General Services of the State of Calif. to purchase materials, supplies, and equipment for the City and to repeal Resolution No. 1-89. A RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE MATERIALS, SUPPLIES, AND EQUIPMENT FOR THE CITY OF SOUTH SAN FRANCISCO Resolution approving a budget recommendation for the Downtown ~Y~ Commercial Rehabilitation Program. A RESOLUTION APPROVING RECOMMEN- DATIONS FOR THE DOWNTOWN CENTRAL REHABILITATION PROGRAM CONSENT CALENDAR Fees waived. Fees waived. ORDINANCE NO. 1093-91 ORDINANCE NO. 1094-91 RESOLUTION NO. 11-91 RESOLUTION NO. 12-91 2/13/91 Page 2 AGENDA CONSENT CALENDAR ITEMS FROM COUNCIL 16. Resolution commending American ~ troops serving in the Middle East crisis. A RESOLUTION SUPPORTING MEMBERS OF THE UNITED STATES ARMED FORCES AND DECLARING SOUTH SAN FRANCISCO A YELLOW RIBBON CITY ACTION TAKEN CONSENT CALENDAR M/S Haffey/Penna - To approve the Consent Calendar. Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Penna stated that he had been asked to be the conduit, by a group of citizens in the community, to have a resolution adopted to declare this City a yellow ribbon city. He stated that he served on the committee and that various other members would speak tonight. Mr. Philip White, 2753 Silverton Circle, Fairfield, stated that he was a paramedic/firefighter for this City, and urged the Council to adopt the resolution declaring the City a yellow ribbon city. He stated that since the invasion of Kuwait, many young men and women from this and other areas were serving their country in the Gulf. He spoke of the sacrifices made by the families because of the hostilities through: a state of war and having their loved ones suffer through loss of life or limb; being a prisoner of war; or missing in action, etc. Staff Sgt. Paul Coons stated that he had received a call from Mr. White recently asking what the citizens could do for the soldiers, and he had told him to send letters and pictures to the servicemen and women to let them know the community was behind them. He stated that this would help fight the loneliness felt by the soldiers. Mr. Russ Asay, Manager of Magnolia Plaza Apts., stated that he was excited about this City becoming a yellow ribbon city, and that from his own experience he knew how important letters were in support of the service people. He stated that he was touched by the display of homemade signs in support of the men and women. 2/13/91 Page 3 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 16. Resolution - Continued. ITEMS FROM COUNCIL Mr. A1Banfield, President of the Chamber of Commerce, stated that he was a Vietnam veteran, and spoke of the impor- tance of mail from home and of people not forgetting the people fighting in the Gulf. He stated that Postal Plus, a Chamber member, will mail any APO mail to the military without charge to the community. Clerk Richard Silver, San Mateo County Board of Supervisors, commended the Council on the action to be taken to declare the City a yellow ribbon city. He spoke of a County program of services for veterans and their families, i.e., insurance, house payments, care of the elderly, etc. Mayor Drago stated that he had been approached by residents to fly flags and yellow ribbons on Grand Avenue, and wanted concurrence of Council to purchase and display flags and yellow ribbons on Grand Avenue. M/S Penna/Haffey - To adopt the resolution. RESOLUTION NO. 13-91 Councilman Penna read the resolution aloud. Vice Mayor Nicolopulos spoke of his own 42 month World War II experience over- seas. He stated that he knew what the waiting was like to go home after being stationed in North Africa in the hot desert wind with the sand blasting at your person and your food. He stated that he prayed that the troops would come home soon, and commended the committee on their actions in support of the troops. Carried by unanimous voice vote. Fire Chief Feuerstein presented Council with a plaque from the Navy Seal Team #3, 2/13/91 Page 4 AGENDA --ITEMS FROM COUNCIL 16. Resolution - Continued. ADMINISTRATIVE BUSINESS 10. Request to waive fees for the ~o~ application to amend the use permit for Art Rise performances. 11. Progress report on curbside ~ recycling. 12. Report on the local economy. ACTION TAKEN ITEMS FROM COUNCIL and stated that Paramedic/Firefighter Gary Kibbee was a part of this Desert Storm personnel in the Gulf. ADMINISTRATIVE BUSINESS M/S Haffey/Penna - To waive fees for the application to amend the use permit for Art Rise performances. Carried by unanimous voice vote. Ms. Maggi Pierson expressed the group's appreciation, and stated that it would allow ten additional performances a year. She stated that the new performance would begin on 3/1/91 of "Laundry and Bourbon" and encouraged everyone to attend. Director of Public Works Parini gave a summary of his staff report on recycling efforts over the past 15 months. Discussion followed: impressive tonnage diverted from the landfill; what would happen if there is no market for the material recycled; Mr. Paul Hermosa, S.S.F. Scavenger Co., stated that the West Coast was lucky on a market for news print; commended the Scavenger Co. on the yearly extra pickup; the next extra pickup would be in the fall, and then a once a year service, etc. Consensus of Council - To accept the curbside recycling report. Mayor Drago stated that staff had been directed to make this presentation on City efforts to attract and retain busi- nesses in S.S.F. Director of Economic & Community Dev. Costello gave a comprehensive report: on the amount of people employed in this city; that employment was diverse; that revenue from business was quite con- centrated; that revenue in sales tax was $10,000,000 a year; top twenty producers; 2/13/91 Page 5 A G E N D A A C T I 0 N T A K E N ~ ~'<~' ''~'~ ADMINISTRATIVE BUSINESS 12. Report - Continued. 13. Motion to direct staff to forward comments regarding a draft request for proposal to the San Mateo ~ ~b~ County Transit District for a CalTrain station location study. ADMINISTRATIVE BUSINESS that sales tax from business to business was greater than the retail sector; efforts to retain existing businesses; setting up liaisons with various busi- nesses; attracting new businesses that are good sales tax producers and facilit- ating their locating here, etc. Director of Economic & Community Development Costello spoke of the pro- posed comments and clarifications to the draft request for proposal: clarifica- tion as to the number of alternative sta- tion locations to be studied; possibility of improvements being made to the existing station; giving S.S.F. and Brisbane the opportunity to review and comment prior to the selection of the optional station locations; traffic impacts on adjacent intersections should be used in an evaluation of the optional site; land use economic impacts, etc. M/S Nicolopulos/Haffey - To forward com- ments regarding a draft request for pro- posal to the San Mateo County Transit District for a CalTrain station location study. Vice Mayor Nicolopulos stated that a couple of his pet projects were coming out of this: City received $75,000 for removing the CalTrain Station; included in the study is the inter module concept and potential service. Mayor Drago posed questions on Councilwoman Teglia's behalf for inclu- sion: how much land the station and parking will take; amount of parking necessary to support a train station current access paths east and west of 101; how it fits into the existing Shearwater plan; what does the City gain or lose from the proposal. He then questioned: what would happen to the existing railroad site if the station is relocated to another area; is there a 2/13/91 Page 6 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 13. Motion - Continued. LEGISLATIVE BUSINESS 14. Motion to waive reading and intro- duce an ordinance on public offi- cials bond coverage requirements. AN ORDINANCE AMENDING SECTIONS 2.20.010, 2.20.020, AND 2.20.030 RELATING TO BONDS OF PUBLIC OFFICES LEGISLATIVE BUSINESS possibility of land swaps; that the study seemed complete. Vice Mayor Nicolopulos stated that the consultant will have to answer those questions in the RFP. He stated that S.S.F. was unique in being the only City in the nine Counties here that poten- tially has water front, a train depot, the highway, and shuttle buses for a well integrated plan and a viable reaso- nable source of transportation. Mayor Drago felt that South Airport should also be looked at as a potential train site. Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Finance Director Margolis explained that joining the ABAG Plan to obtain public officials bonds was approximately 10% of the current price paid by the City. She stated that the maximum bond rates were lower than those in the existing ordi- nance, however, ABAG had made a study and had not found instances where bonds were used. She stated that staff concurred, and this would also conform to State Law on bonds. Vice Mayor Nicolopulos questioned what would happen if there were bond claim losses, and felt that was a shaky com- ment. Finance Director Margolis stated that $750,000 vs. $500,000 coverage saved the City $10,000 a year, and would cover any malfeasance as required by law. Vice Mayor Nicolopulos felt this was a pretty bold, risky statement, and would not prove cost effective in the event something happened. 2/13/91 Page 7 AGENDA ACTION TAKEN ~LEGISLATIVE BUSINESS 14. Motion - Continued. PUBLIC HEARINGS 15. 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 - Continued from the 1/23/91 meeting after opening the Public Hearing. AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO RESIDENTIAL CARE FACILITIES LEGISLATIVE BUSINESS Councilman Haffey stated that ABAG had made an analysis and that was why staff had recommended this be changed. M/S Haffey/Penna - To waive reading and introduce the ordinance. Carried by majority voice vote, Councilman Nicolopulos voted no. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago stated that he had serious concerns on what was taking place here because on the 23rd he had closed the public hearing, because it was late and one member of Council voiced an opinion - but there was no discussion. He stated that the staff proposal was completely different than the one in hand on the 23rd, and there was a different ordinance and a different recommendation, and it seemed to him the staff report was out of order. He questioned how the Council could take testimony that was not part of the prior staff report and input from the Planning Commission meeting that bothered him, such as: ratios from different cities; looking at a different set of figures; different comparisons and the original cities were left out of the report, etc. He stated that he would like to continue the public hearing, which he had pre- viously closed with two speakers based on the previous meeting, and if the Council now wanted to reject or modify this because of the different staff report - it should be done. He continued, other- wise we should throw out the other public hearing and open another. Chief Planner Solomon stated that he felt that the Council could reopen the 2/13/91 Page 8 AGENDA ACTION TAKEN --PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS hearing and take testimony, but that is a question you can address to the City Attorney, and if its a procedural question - it can be answered by staff. Councilman Haffey stated that he was still having problems with why staff had recommended reopening the hearing, when the Council had closed it. Chief Planner Solomon stated that the a new document was before the Council, and he would think that the public would like to comment. Councilman Haffey questioned if that was the direction of Council on the 23rd. City Manager Armas stated that there had been comment from one member of Council, and the staff was bringing forward some of those areas. Councilman Haffey further questioned if any Councilperson had contacted staff for assistance on the staff report. Chief Planner Solomon stated yes, that he had spoken to Councilperson Teglia. Mayor Drago commented: on the staff sur- vey in the 1/23/91 staff report on five cities parking requirements and use; that this staff report had surveyed dif- ferent cities such as Belmont and Burlingame without mention of the prior cities reported; that some of the state- ments in the report were not true; that this staff report had new material, as well as a new ordinance when Council had criticized staff for the past five years for bringing forward new material not seen by the Planning Commission in a public hearing; all of these attempts had been sent back to the Planning Commission by the Council; did the Acting City Attorney feel that the Mayor could reopen the public hearing with a new staff report, and allow the speakers to speak, even though the staff 2/13/91 Page 9 AGENDA . PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS report does not mention the Planning Commission's public hearing, even though they had taken testimony. Councilman Haffey stated that if the Mayor closed the public hearing then it lies to the previous proposal, and questioned why staff was doing it this way. Chief Planner Solomon stated that he was under the impression at the last hearing, although the entire Council had not spo- ken, that there was direction. He remembered hearing from one Councilperson, but had modified the docu- ments based on staff's opinions and research. He believed that the Council had the opportunity to reopen the public hearing. Acting City Attorney Haile stated that the Council was dealing with a text amendment which was a legislative act as contrasted with administrative action. He stated that when a public hearing was asked for the Council heard testimony and received evidence. He stated that what was being presented to him was a dicho- tomy in the sense that legally it is not necessary in taking a legislative act to have a public hearing at all, but this City had a procedure to conduct public hearings on legislative acts so the question to me is do you want to be con- sistent with the past procedures or do what you can do legally. He stated that it was a policy decision - you can move ahead or you can refer it to the Planning Commission if that is the past practice, but it is not legally necessary if you chose to move ahead. Councilman Haffey stated that the legal question had been answered, however the more interesting question was the process - the way staff report was written. He continued, it appears that a Council- member indicated a preference and one 2/13/91 Page 10 AGENDA ACTION TAKEN PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS Councilmember spoke to the staff, and influenced the staff report. He stated that most of the Council did not appre- ciate it when one member has possibly undue influence with the staff, and this was his concern with the process. Acting City Attorney Haile stated that if the Council chose to have a public hearing contrary to what staff said, you are going to have to follow the practice to notice because the public hearing was closed at the last meeting. Councilman Haffey stated that this had not been noticed. Mayor Drago stated that that bothered him. He stated he closed the public hearing because of the lateness of the hour, and he had a problem dealing with the public hearing - we tabled discussion, but it was closed and from past practice that is the end of the public testimony - and now they give us new material to deal with. Acting City Attorney Haile stated that the only reason to have another public hearing was if additional evidence was needed from the public or something was missing. Councilman Haffey stated that it was interesting that the Council was supposed to have discussion, but there were totally different documents before it and the documents of the previous meeting are not here; and discussion was not appropriate. He submitted to the Mayor that staff properly notice another public hearing, and have the previous staff report recommendation along with this staff report as well, and then Council can have a discussion and public input at that public hearing. Discussion followed: that this item is completely different than the prior report; that the public was denied view of the new staff report, etc. 2/13/91 Page 11 AGENDA ACTION TAKEN PUBLIC HEARINGS 15. Public Hearing - Continued. ITEMS FROM COUNCIL 16. Resolution commending American troops serving in the Middle East crisis. A RESOLUTION SUPPORTING MEMBERS OF THE UNITED STATES ARMED FORCES AND DECLARING SOUTH SAN FRANCISCO A YELLOW RIBBON CITY PUBLIC HEARINGS City Manager Armas stated that in view of the comments staff would go forward with noticing a new public hearing, however, the public had not been in a vacuum in that the agenda had been published in the newspaper. He stated that the first staff report had reflected the Planning Commission report, and the staff noted they had made the ratio of one to five and the Commission after listening to public testimony came forward with their recommendation. Councilman Haffey stated that he would look forward to seeing both staff reports at the next meeting. Discussion followed: that there was a delineation on the zones permitted; that the new ordinance was also different than the 1/23/91 ordinance other than in ratio of parking spaces to beds, etc. City Manager Armas stated that staff had made a mistake, and would go ahead and schedule a new public hearing. Mayor Drago requested that the ratios of all the cities be included in the report. ITEMS FROM COUNCIL Action taken earlier in the meeting. Councilman Halley complimented the Recreation staff on their stringent measures on water conservation of showers at the West Orange Pool. Vice Mayor Nicolopulos wanted Council to note aciton taken by San Bruno in reac- tivating wells, and wanted staff to .2/13/91 Page 12 AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE ITEMS FROM COUNCIL inventory the artesian wells in the City and offered his knowledge in the task. City Manager Armas stated that he was talking to Calif. Water Co. at the present time about using reclaimed water for landscaping. Councilman Penna made the following Subcommittee reports: met with Downtown Rehabilitation Committee on projected vision of the area; met with Chamber of Commerce and related information on the upcoming social mixer on 2/21/91 at Senator Kopp's Office; recirculated bill by Senator Kopp in reference to new construction and inability to sue Airport; request that support of the Bill be agendized; met today with Council of Cities and San Bruno will host meeting in April, and perhaps S.S.F. can host one in June; S.P. purchase by Transportation Agency to be debated by Senator Kopp and Supervisor Nolan; banks are now putting forth monies for rehabilitation for low and moderate income property owners, etc. Mayor Drago stated that at the adjourned meeting he would voice some of his pre- viously expressed opinions on the following: direction to City Manager to have his staff do cost reductions without sacrificing services and the high priority is on streets; reduce number of personnel in the management unit; a simpler and more manageable position listing; to increase the number of mana- gement that answer and are responsible to Council, presently the City Manager and City Attorney are responsible to Council and he thinks that should be expanded. GOOD AND WELFARE No one chose to speak. 2/13/91 Page 13 AGENDA ACTION TAKEN CLOSED SESSION 17. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. 18. To adjourn the meeting to Wednesday, 2/20/91, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue, for discussion of: 1) Policy Direction on the 1991-92 Budget; Orange Park Master Plan Implementation. ADJOURNMENT: CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Nicolopulos - To adjourn the meeting to Wednesday, 2/10/91, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue, for discussion of: 1) Policy Direction on the 1991-92 Budget; Orange Park Master Plan Implementation. Carried by unanimous voice vote. Time of adjournment was 9:12 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco APPROVED. ~/~)~ ~ A~ /~J~ ~ago, Ma~~~ y of South San ~an~sco 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. 2/13/91 Page 14