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HomeMy WebLinkAboutMinutes 1991-07-24 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna !---Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: ..PRESENTATIONS Resolution Commending Helen Gookin AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of MINUTES City Council Municipal Services Building Community Room July 24, 1991 ACTION TAKEN 7:36 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Teglia, and Drago. Penna. City Clerk Battaya stated that Councilman Penna had informed her Office that he was on vacation and unable to attend tonight's meeting. The Pledge was recited. Rev. Neely, Grand Ave. Baptist Church, gave the invocation. PRESENTATIONS Mayor Drago stated that this item would be bypassed because Ms. Gookin was not in attendance. AGENDA REVIEW City Manager Armas stated that there were no changes to the agenda, and noted that although Item No. 10 was on the agenda it would not be heard this evening. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Councilwoman Teglia stated that high school visitors from Kishiwada, Japan had arrived in S.S.F. on Wednesday, and after being housed in private homes locally and interacting with this community would return to their homeland Saturday morning. CONSENT CALENDAR Approved. 7/24/91 Page i AGENDA ACTION TAKEN ~--CONSENT CALENDAR 1. Motion - Continued. e Special Meeting of 7/10/91, and Regular Meeting of 7/10/91. Motion to confirm expense claims of 7/24/91. e m Motion to waive fees and provide Services for the Arts and Wine Festival on August 24-25, 1991. Request by Art Rise for $5,000 as a matching grant Rise, and a resolution authorizing a budget amendment. A RESOLUTION APPROVING BUDGET AMENDMENT 92-2 TO THE 1991-1992 OPERATING BUDGET Be Resolution of intention to vacate a portion of the intersection at Point San Bruno Boulevard and Grandview Drive, and set a Public Hearing for 9/11/91. A RESOLUTION DECLARING INTENTION TO VACATE AND ABANDON A PORTION OF THE INTERSECTION AT POINT SAN BRUNO BLVD. AND GRANDVIEW DRIVE e Resolution authorizing a grant application for the E1 camino Real Traffic Signal System. A RESOLUTION AUTHORIZING THE EXECUTION OF A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION -- 6. Resolution authorizing a grant CONSENT CALENDAR Approved in the amount of $2,136,579.04. So ordered. RESOLUTION NO. 90-91 RESOLUTION NO. 91-91 Removed from the Consent Calendar for discussion by Vice Mayor Nicolopulos. M/S Haffey/Teglia - To approve the Consent Calendar with the exception of Item No. 6. Carried by unanimous voice vote. Vice Mayor Nicolopulos thanked staff for 7/24/91 Page 2 AGENDA ACTION TAKEN Resolution - Continued. application for the E1Camino Real Traffic Signal System. ~0 A RESOLUTION AUTHORIZING THE EXECUTION OF A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT CONTRACT ADMINISTRATIVE BUSINESS e Resolution imposing assessments for unpaid costs for removing abandoned vehicles from private property, and directing City Clerk to file assessments on the 1991-92 tax rolls. A RESOLUTION AUTHORIZING ASSESSMENT OF COSTS FOR ABATEMENT OF ABANDONED VEHICLES e Oyster Point Interchange right-of- way acquisition, Resolution auth- orizing condemnation proceedings to acquire the EB Motel parcel. ~ A RESOLUTION ADOPTING A RESOLUTION making the City a lead agency in a complicated project in gridlock, and the City would be one of the first cities to implement some of the control measures to correct carbon monoxide emissions. He stated that the Director of Public Works had contacted MTC to participate in this program. Director of Public Works Parini stated that the plan was to look at all the signals and intersections along E1Camino Real from Millbrae to Daly City for a timing study to retime signals and elimi- nate gridlock. M/S Nicolopulos/Haffey - To adopt the Resolution. RESOLUTION NO. 92-91 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Finance Margolis described the procedure for abandoned vehicles that had led up to the proposed assessment. She stated that the resolution would impose the assessments that result from the removal of abandoned vehicles from private property. She stated that people had been billed for the costs and had failed to pay, and therefore staff was asking to invoke the procedures in the Municipal Code to place the amounts on the property tax bills, etc. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 93-91 Carried by unanimous voice vote. Director of Public Works Parini stated that adoption of the resolution would begin a condemnation proceeding to acquire the EB Motel property. He stated that Council had authorized negotiations for the purchase of the Motel, and the 7/24/91 Page 3 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 8. Oyster Point - Continued. OF NECESSITY - PROPERTY FOR THE OYSTER POINT INTERCHANGE e Resolution approving an agreement with Harris & Assoc. to provide engineering services for a new City Corporation Yard. A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN HARRIS & ASSOCIATES AND THE CITY FOR THE CITY CORPORATION YARD ADMINISTRA?I'VE BUSINESS right-of-way negotiator had made an offer that had not yet been accepted by the owner. He stated that the resolution offered an option to stay on schedule in the event the negotiations are not successful . He stated that a right-of-way certification was needed by December so that MTC would allow the City to call for bids in January, etc. M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO. 94-91 Carried by unanimous voice vot6. Senior Civil Engr. Van Dooren explained that in order to expand Orange Park as proposed, one of the requirements was to move the Corporation Yard. He continued, Council had directed staff to request proposals for firms to look at the design of the new Corporation Yard near the intersection of Magnolia and No. Canal. He explained the extensive bid selection procedure which had ended in the selec- tion of Harris Assoc., who it was felt had extensive experience in corporation yards. Vice Mayor Nicolopulos expounded at great length after citing articles on the speculation of the nation entering a recession and revealing worsening fiscal conditions in the operating funds of the largest urban areas in the United States and the resultant short falls. He felt that local reserves could no longer be relied upon as a means to off- set expenditures, and spoke of the need for financial restraint. He felt that the City should aggressively pursue expanding and relocating business by dangling financial enticements that prompt many a company to commit them- 7/24/91 Page 4 AGENDA ACTION TAKEN ~'---~DMINISTRATIVE BUSINESS 9. Resolution - Continued. ADMINISTRATIVE BUSINESS selves to S.S.F. He stated that the City should stress retrenching and down-sizing government, and only fill critical posi- tions. He stated that encouragement should be given to revenue producing retail space through out the City. He felt that the Council should resist the temptation to spend money to expand programs and services until the fate of the national economy is better known, etc. He felt that the carryover reserve was the City's fund for major disaster and emergencies as a last resort, and should not be used - except in the realm of urgency, etc. He proceeded to itemize his goals during this very difficult economy: 1) balance the budget through revenue enhancement; 2) no new taxes; 3) prevent hiring freezes, and only hire critical posi- tions; 4) no consulting studies, which includes tonight's agenda item; 5) scru- tinize overtime and restrict to critical areas only; 6) curtail seminars; 7) eva- luate absentism; 8) accountability for employee work performances; 9) postpone his car allowance; 10) postpone his pro- posed personal computer; 11) curtail out of state travel; 12) postpone capital improvement projects, except for the MSB leaky roof and the water quality plant; 13) reserve funds not be used to balance a budget caused by exceeding expenditures over revenues received, etc. M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO. 95-91 Mayor Drago stated that on-going costs had always been his concern, however, 80% of the budget was for personnel and benefit costs. He stated that he sup- ported the expansion of Orange Park. Carried by majority roll call vote, Vice 7/24/91 Page 5 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 9. Resolution - Continued. 10. BART Study Team presentation regarding status of environmental studies and analysis of alter- natives. RECESS: RECALL TO ORDER: 11. Request for review and comment on ~ the Clean Air Plan prepared by the Bay Area Air Quality Management District, and authorize transmittal of letter. ADMINISTRATIVE BUSINESS Mayor Nicolopulos voted no. Mayor Drago questioned the cost of an EIR. Senior Civil Engr. Van Dooren stated that he did not expect a need for an EIR, but for a negative declaration. Rescheduled for the 8/14/91 meeting pur- suant to a memo in the packet. Council adjourned to a recess at 8:10 p.m Mayor Drago recalled the meeting to order at 8:15 p.m., all Council present. Chief Planner Solomon stated that this was a State mandated plan with the objec- tive to reduce the use of motor vehicles by 1999, and that it was a three phase program. He stated that the first phase was of the most interest to the City: 1) recommends adoption of an air quality element to the General Plan; 2) encourages an increase in the density of zoning near transit stops; and 3) proposes an indirect source control program. He stated that the program was intended to reduce the attractiveness of land uses to vehicles and thereby reduce the air quality impacts, and requires a three year program to develop this program of imple- mentation measures. He stated that the recommendation was to indicate our con- cerns about the indirect source control program - that it entails an additional level of non-local government review in the land use decision process, etc. Mayor Drago stated that he was one leaning towards the regionalization in the Vision 2020 because we do these things for the Bay Area Air Quality Management District, and yet was not sure 7/24/91 Page 6 --ADMINISTRATIVE BUSINESS 11. Request - Continued. PUBLIC HEARINGS ~ 12. Public Hearing - Conduct Hearing; Resolution fixing the assessment rate for the West Park 1 & 2 Parks and Parks Maintenance District for fiscal year lggl/g2 at $58.00 per unit per parcel; Conduct Public Hearing; adopt resolution. ADMINISTRATIVE BUSINESS if it would satisfy MTC, ABAG, and Regional Quality. He spoke of an article based on 361 people completing a survey that illustrated some of his frustrations with the five agencies wherein they made a survey and asked all of the cities and County what they thought of these five existing regional agencies. He con- tinued, they are saying that there is no mechanism for coordinating these efforts into a cohesive role, and that the agen- cies they work with most know little about what the other agencies are doing -- their fragmented decision making, and duplication of powers, etc. He stated that he too believed that the local jurisdictions should control the land use, and felt it was time for some of the cities to get together and say they were not going to comply until these agencies get their act together in a coordinated effort. He stated that his only concern was a loss of funds from MTC on needed programs. Vice Mayor Nicolopulos felt that the five agencies needed criticism, but proceeded to give a ten year thumbnail sketch of his years as a member of the Bay Area Water Quality Board in rebuttal to the article and comments made. M/S Nicolopulos/Haffey - To authorize transmittal of the letter. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Acting Director Parks, Recreation & Community Services Nagel cited the history of the District since it was deeded to the City by the Developer, as well as the committee meetings to address 7/24/91 Page 7 A6ENDA ACTION TAKEN --PUBLIC HEARINGS 12. Public Hearing - Continued. A RESOLUTION FIXING THE AMOUNT OF REVENUE REQUIRED IN THE WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT FOR THE FISCAL YEAR 1991- 92 AND IMPOSING THE ANNUAL ASSESSMENT 13. Public Hearing - Conduct Hearing;/~g~ Resolutions adopting Report of Annual Sewer Rentals and Charges,~ and establishing sewer rates for Fiscal Year 1991-92 and amending the Master Fee Schedule_to include~qq the/rates A RESOLUTION ADOPTING REPORT OF ANNUAL SEWER RENTALS AND CHARGES FOR 1991-92 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO PUBLIC HEARINGS funding for capital improvements such as the system and safety factors in the com- mon greens. Assistant City Manager Martel used graphs to show the financial impacts on the assessment set up twenty-five years ago, and the financial formulas in effect since Proposition 13; as well as, the proposed financing costs for the capital improvements. Ms. Janice Vaughn, Myrtle Lane, stated that on the first of September the City will be handed funds from the suit against the builders of homes within her area, and she wanted to know that the money would only be used for her area. City Manager Armas stated that that was a stipulation in the judgement, and that $200,000 could be determined for some use in the various improvements for the area. Mayor Drago closed the Public Hearing. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 96-91 Councilman Haffey complimented the Assistant City Manager, and particularly the Acting Director Nagel for the presen- tations. Carried by unanimous voice vote. Director of Public Works Parini stated that Council had discussed this in a study session and had given staff direc- tion, in addition to being under a man- date by the Regional Water Quality Board to build some additional backup reliabi- lity improvements at the plant. He stated that the improvements were required to be finished by January 1993, and spoke in detail of the five year plan that increased sewer rates to accommodate 7/24/91 Page 8 AGENDA ~PUBLIC HEARINGS 13. Public Hearing - Continued. MUNICIPAL CODE Councilman Haffey Left the Podium: A RESOLUTION ESTABLISHING SEWER RATES EFFECTIVE FY 1991-92 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES Councilman Haffey Returned to the Podium: ^CT O, 0 011 PUBLIC HEARINGS the improvements. Councilman Haffey left the podium at 9:10 p.m Mr. Larry West, 497 Forrest View Dr., stated that he owned property at 531 Airport Blvd.; his tenants had skipped the premises; Water Co. disconnected the water; and he questioned if he had to pay for the sewer fees. Director of Public Works Parini stated that the sewer charge was based on the prior year use. Mr. West stated that the Water Co. would not hook up the water until he had a tenant, yet the Planning Commission had turned down all of the prospective clients. Mayor Drago asked Mr. West to submit information to the City Manager to investigate and get an answer by the next meeting. Mr. Jake Jones stated that he had exam- ined his sewer bills for the last 13 years and they had gone from $32.00 to $106.00. He stated that he did not have a problem with the rate increase provided that the sewer funds were only used for the plant. Mayor Drago stated that enterprise funds had to be used for the plant. Councilman Haffey returned to the podium at 9:16 p.m. City Manager Armas stated that the Council had discontinued the practice of arbitrary charges which they had scruti- nized. He spoke of the need for improve- ments to a thirty year old plant as mandated by State law. He stated that the plant also served San Bruno and they also had an allocation of costs for the improvements. 7/24/91 Page 9 AGENDA ACTION TAKEN ---PUBLIC HEARINGS 13. Public Hearing - Continued. 14. Public Hearing - To consider appeal of the decision of the Planni ng Commission to deny SA-91-110 and UP-91-894 to establish 96 residen- tial condos; conduct Public Hearing; Motion to adopt Negative Declaration No. 719; Motion to deny SA-91-110 and UP-91-894 based on the staff report findings of denial. PUBLIC HEARINGS Mayor Drago stated he wanted to allay any fear of an arbitrary raise, and proceeded to close the Public Hearing. M/S Haffey/Teglia - To adopt the two Resolutions. RESOLUTION NO. 97-91 RESOLUTION NO. 98-91 Carried by majority voice vote, Vice Mayor Nicolopulos voted no. Mayor Drago opened the Public Hearing. Chief Planner Solomon related that staff had recommended approval of this project, and the Planning Commission had denied the project because the site parking was not adequate, and would result in an adverse visual impact because of its den- sity resulting in building heights incon- sistent with the established pattern in the neighborhood. He spoke of the options for Council action that were set forth in the staff report for upholding or denying the appeal. Mr. Mark Robson, Santa Clara Development Co., made a presentation focused on four primary areas: 1) that the project complied with all City requirements; 2) an address of the Planning Commission findings of denial; 3) described the project; and discussed the land use issues. He spoke in detail of the amenities of the project: willing to add a security gate in the project to separate guest parking from all resident parking, so there was not a conflict between the two and it did not create a traffic or queu- ing problem; a club house; a spa; a child play area; using a color blocking tech- nique to add character and relief to the buildings; adding large specimen trees both to the front and to the courtyard 7/24/91 Page 10 AGENDA ~PUBLIC HEARINGS 14. Public Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS area; will insure that the homeowners dues cover the monthly landscape main- tenance with reserves to provide for on- going painting and maintenance of the driveways and other replacement costs, etc. Mayor Drago closed the Public Hearing. Discussion followed: concern over E1 Camino Real Corridor for other projects coming forward; importance of the security gate; having the face of the recreation building be reflected on ECR; that the maintenance aspects be addressed in the DCC&Rs and be effected in a timely manner; using redwoods and putting it as a condition of approval of the 48-72" boxes; standards for the corridor being established; Vice Mayor Nicolopulos questioned what part the missing Commissioners had in the decision making; Mayor Drago felt the comment on missing Commissioners was not relevant, and made a mockery of the proceedings; Councilman Haffey concerned that E1Camino Real was an opportunity for a mixed use - for a coordinated commercial plan rather than residential, and had hoped this Developer would combine parcels, but economically those things couldn't occur in the pri- vate section; he then complimented the Developer in complying with the City's requirements; Mayor Drago was bothered by the weak findings of the Planning Commission when all City requirements were met; he felt the Council had to sit down with the Commission and set down guidelines for the Corridor, and have both Bodies jointly approve any new pro- jects. M/S Haffey/Teglia - To approve Negative Declaration No. 719 Carried by unanimous voice vote M/S Teglia/Haffey - To approve SA-91-110 and UP-91-894 with the findings and con- ditions of approval, and the additional findings: 1) size of trees; 2) main- 7/24/91 Page 11 AGENDA '-PUBLIC HEARINGS 14. Public Hearing - Continued. ITEMS FROM COUNCIL ACTION TAKEN PUBLIC HEARINGS tenance aspect addressed in the DCC&Rs; 3) a security gate; 4) face of the recreation building to face E1Camino Real. Carried by unanimous voice vote. Mayor Drago made a public apology to the Vice Mayor for using the word mockery, and stated that he had pulled the word out of the air and had not meant it to be used literally. ITEMS FROM COUNCIL Councilwoman Teglia again questioned the plan for reroofing the MSB first, and the other allied activity that has to happen first. Mayor Drago stated that he wanted to go after the parking problem once more and set up a citizens committee from dif- ferent neighborhoods, and requested a consensus of Council. Consensus of Council - To set up a citi- zens committee from different neighbor- hoods to address parking problems. Mayor Drago requested that City Hall and the Library be lighted at night as the practice had been in previous years. Consensus of Council - To light up City Hall and the Library at night. Mayor Drago stated he was concerned with the system and sometimes the attitude of government in reference to the Westborough McDonald's request for a drive through window. He related background information: at the Public Hearing Council had voted to amend the General Plan to accommodate the request; the meeting concluded and it appeared there were no objections; Ms. Byers had submitted drawings, and had 7/24/91 Page 12 AGENDA --ITEMS FROM COUNCIL ACTION TAKEN ITEMS FROM COUNCIL been told that another 45 parking spaces were needed - which doubled the existing parking; now she was being told that she needs a traffic study for any impact on the traffic signal on the corner of Gellert Blvd.; was asked for a 100' back- up distance from the menu board; wanted a wider driveway; they wanted small win- dows; to relocate the bike rack; told her that since the original use permit was over 10 years old - a new permit fees was required of $725; and now since it is a major new design the Design Review Board wants street levels, elevations and architectural drawings; why were these things being required when the modifica- tion was less than 2% of the building space; no one had mentioned the ten year regulation until 60 days after the expiration; the Acting City Attorney had advised Mrs. Byers that a use permit and General Plan Amendment could run con- currently -- had she done that, and not taken the advise of staff she would not be facing this ten year restriction. He requested Council authority to sit down with the City Attorney and through the confines of good judgment, common sense, and not violating any laws work this problem out before we see a business up there that is forced to close -- even if it means amending those sections of the Code that apply at this time. Councilman Haffey agreed that 45 spaces was ridiculous. He stated that normally they did not have Councilmen negotiate. He stated that he felt that the $720 fee and the design review were normal con- ditions, and it should all go through staff. Councilwoman Teglia spoke of a franchisee at McDonald's ten years ago at this site who had been turned down for a window. She felt that staff could have handled this situation better as the woman needed consideration after suffering a tragedy. 7/24/91 Page 13 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL ITEMS FROM COUNCIL City Manager Armas agreed that staff could have handled it better. He stated that he had a meeting with Mrs. Byers and she had seemed amenable; she then suf- fered a tragedy, then staff conveyed new things to respond to her needs on the window esthetics and car queuing. Mayor Drago questioned if she had applied for the use permit with the general plan amendment - would the ten year require- ment apply. City Manager Armas stated that if you modify - you have to conform to the Municipal Code. Councilman Haffey felt the Mayor should work with the City Manager on McDonald's. Vice Mayor Nicolopulos concurred with the Mayor in his suggestion. ~OOD AND WELFARE GOOD AND WELFARE No one chose to speak. CLOSED SESSION CLOSED SESSION 15. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. Council chose not to have a Closed Session. M/S Haffey/Te§lia - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 10:22 p.m. RESPECTFULLY.~ ~ ~SUBMITTED' ~ Barbara A. Battaya, City Cle~< fda~K urago, mayor City of South San Francisco /~y of South` Sa~ ~ra~cisco The entries of this Council meeting show the anon 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. 7/24/91 Page 14 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna !~Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room July 24, 1991 00001 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 24th day of July 1991, at 7:05 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. 'Barbara A. Battaya, Cit~/Clerk City of South San Francfsco Dated: July 18, 1991 AGENDA CALL 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 7:11 p.m. Mayor Drago presiding. Council present: Council Absent: Haffey, Nicolopulos, Teglia, and Drago. Penna. City Clerk Battaya stated that Councilman Penna had informed her Office that he was on vacation and unable to attend tonight's meeting. Council adjourned to a Closed Session at 7:12 p.m. to discuss the items noticed pursuant to Government Code 54957 and 54957.6. Mayor Drago recalled the meeting to order at 7:25 p.m., all Council present, no action was taken. M/S Teglia/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:25 p.m. 7/24/91 Page I .ESPECTFULLY SUBMITTED, APPRO~ Ja~~o, Mayor v Ci South San Francisco The entries of this Council meeting show the action 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. ~ttaya, City C~l City of South San Francisco 7/24/91 Page 2