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HomeMy WebLinkAboutMinutes 1991-08-14 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna ~--Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room August 14, 1991 0 017 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 14th day of August 1991, at 6:45 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. Dated: August 8, 1991 Barbara A. Battaya, City Clerk City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: ACTION TAKEN 6:52 p.m. Mayor Drago presiding. Council present: Council Absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: Council adjourned to a Closed Session at 6:55 p.m., and Mayor Drago announced that pursuant to Government Code Section 54956.8 the Council would discuss pro- perty negotiations: Levitz Furniture - 900 Dubuque, S.S.F. - APN 015-021-020 Calvin Gagolin, Corporate Property Investors, Owners; and Little Hunan Restaurant - 1165 Airport Blvd., S.S.F. - APN 012-094-230 Joseph D. & Linda F. Daniel, Owners. Councilman Penna stated that he had a personnel matter that also needed to be discussed. Mayor Drago recalled the meeting to order at 7:23 p.m., all Council present, no action was taken. M/S Haffey/Teglia - To adjourn the meeting. 8/14/91 Page I AGENDA ACTION TAKEN Carried by unanimous voice vote. ~DJOURNMENT: Time of adjournment was 7:24 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cl~fk City of South San Francisco ~PPROV~D~/ ~ackDrago,/Ma~r j/City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral 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. 8/14/91 Page 2 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna loberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) MOLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Resolution Commending Helen Gookin ~o~l Community Beautification Awards AGENDA REVIEW City Manager Requested: - That Item No. 16 be heard after Item No. 17. Mayor Drago Requested: - That Item No. 15 be heard after - the Consent Calendar. )RAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room August 14, 1991 ACTION TAKEN 7:32 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, venna, Teglia, and Drago. None. The Pledge was recited. Rev. Dzerda, St. Paul's United Methodist Church, gave the invocation. PRESENTATIONS Mayor Drago read the Resolution aloud and presented it to Ms. Gookin for her work as a Historic Preservation Commissioner. Ms. Gookin expressed her appreciation for having been allowed the opportunity to be a part of the Historic Preservation Commission since its creation. Beautification Committee Members Margaret Caldow and Barbara De Mattei presented the following awards: Residential - Robert Canziani, 625 Pine; Multi Dwelling - Westborough Royale; Planning for Drought Years - Walter and Mary Mazzei, 533 Eucalyptus; Commercial - Hampton Shell; Committee's Choice - Edward and Laura De Silva, 525 Parkway. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Park & Recreation Commission Chairman 8/14/91 Page I AGENDA ACTION TAKEN --ORAL COMMUNICATIONS ~oob COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of Special Meeting of 7/24/91, and Regular Meeting of 7/24/91. 2. Motion to confirm expense claims of 8/14/91. 3. Motion to cancel the meeting of 8/28/91. e Resolution awarding construction contract for Emergency Generator Pump Station No. 5 to Legaspi Allied Engineering Corp. in the amount of $33,500 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR EMERGENCY GENERATOR PUMP STATION NO. 5 Resolution authorizing an agreement with CH2M Hill for construction management services for the Water Quality Control Plant Electrical Facilities Construction Management. A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN CH2M HILL AND THE CITY FOR THE WATER QUALITY CONTROL PLANT ELECTRICAL FACILITIES Resolution awarding the construc- tion contract for the Water Quality Control Plant Electrical Improve- ments to Kingston Construction in the amount of $124,817 as the ORAL COMMUNICATIONS Dimminger announced that there would be a re-dedication ceremony for Buri Buri Park on Saturday, 8/24/91, at 10:00 a.m. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $2,190,273.99. So ordered. RESOLUTION NO. 99-91 RESOLUTION NO. 100-91 Removed from the Consent Calendar for discussion by Councilman Nicolopulos. 8/14/91 Page 2 --CONSENT CALENDAR 6. Resolution - Continued. lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE WATER QUALITY CONTROL PLANT ELECTRICAL FACILITIES Resolution approving agreement with Cal Trans for the Oyster Point Interchange Design Cooperative Agreement. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SOUTH SAN FRANCISCO FOR THE OYSTER POINT INTERCHANGE DESIGN IMPROVEMENTS e Motion to accept the Grand Avenue Pole Painting as complete in accor- dance with the plans and specifica- tions. Resolution of Intention to amend the Public Employee Retirement System contract. RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO 10. Motion to authorize the transmittal of a letter to SamTrans Board of Directors indicating that installing advertising panels in bus shelters is not acceptable in South San Francisco. 11. Resolution amending the Joint Powers Agreement with City/County Association of Government, and a resolution authorizing a budget CONSENT CALENDAR RESOLUTION NO. 101-91 Approved. RESOLUTION NO. 102-91 Removed from the Consent Calendar for discussion by Councilwoman Teglia. 8/14/91 Page 3 AGENDA ACTION TAKEN --CONSENT CALENDAR 11. Resolution - Continued. amendment. A RESOLUTION AUTHORIZING AMENDMENT NO. i TO THE JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS TO ADJUSTMENT OF POPULATION FIGURES A RESOLUTION APPROVING BUDGET AMENDMENT 92-3 TO THE 1991-1992 OPERATING BUDGET e Resolution awarding the construc- tion contract for the Water Quality Control Plant Electrical Improve- ments to Kingston Construction in the amount of $124,817 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE WATER QUALITY CONTROL PLANT ELECTRICAL FACILITIES 10. Motion to authorize the transmittal of a letter to SamTrans Board of xOb Directors indicating that installing advertising panels in bus shelters is not acceptable in South San Francisco. CONSENT CALENDAR RESOLUTION NO. 103-91 RESOLUTION NO. 104-91 M/S Haffey/Teglia - To approve the Consent Calendar with the exception of Items No. 6 and 10. Carried by unanimous voice vote. Vice Mayor Nicolopulos stated that he was pleased with the outcome, but had noted the discrepancy of the estimate to the bid. Director of Public Works Parini stated that the design engineer had reevaluated the staff estimate - which was on the high side, however, the side work would be done faster than anticipated which affected the costs. M/S Nicolopulos/Teglia - To adopt the Resolution. RESOLUTION NO. 105-91 Carried by unanimous voice vote. Councilwoman Teglia stated that she sup- ported the recommendation, but she remem- bered that when the benches were first put in the Council had not wanted adver- tising. She suggested that the letter include - no advertising on benches. M/S Teglia/Haffey - To amend the letter to include benches. 8/14/91 Page 4 AGENDA ACTION TAKEN 02023 --10. Motion - Continued. ADMINISTRATIVE BUSINESS Resolution approving agreement with San Francisco International Airport regarding the Noise Insulation Program. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND THE CITY OF SOUTH SAN FRANCISCO FOR AIRCRAFT NOISE MITIGATION Vice Mayor Nicolopulos stated that adver- tising had payola in it, and questioned if this was a case of blight or was detrimental to the community. Director of Economic & Community Development Costello stated that there was some financial benefit in advertising in bus shelters, however, this would cause serious concerns over visual clutter, etc. She stated that no other cities had bought into the proposal, and that SamTrans was trying to reduce their maintenance costs and was looking for feedback. Carried by unanimous voice vote. M/S Teglia/Haffey - To send the letter to SamTrans Board of Directors. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Manager Armas spoke of earlier discussion and debate of the merits of SB226 dealing with housing and noise impacts associated with housing proximity to airports. He continued, as a result of that discussion the Council had ini- tially supported the legislation, and had subsequently revised its position to a neutral one. He related that the Mayor had directed the inter-governmental com- mittee, Councilmembers Teglia and Haffey to have discussions with the Airport to address noise insulation programs, as well as, the question of housing. He stated that staff and the committee had met with the Airport Director and his staff and the agreement before Council was the end result of those meetings. He stated that the agreement began a pro- cess - it does not conclude a process, and does not commit the Council to a final end product as it simply initiated an activity. He recited what is started: a review of the General Plan; zoning regulations, and other land use policies 8/14/91 Page 5 AGENDA ACTION TAKEN .- .... ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS to enable a review and consideration of whether this City should prohibit housing and other noise sensitive uses from being developed on the east side of Highway 101. He stated that as part of the process there would be: an environmental review, a review of the housing element; and a review of other policies the Council has adopted to determine whether that is an appropriate course of action; followed by public hearings before the Planning Commission and the Council before any action could be taken with respect to the General Plan. He stated that if the Council chose to approve the agreement there was no action that would prohibit housing from taking place, if however, in the end the Council decided it was appropriate to prohibit those types of uses on the east side of the Bayshore, then the Airport would be committed to contributing a million dollar per year amount for a period of ten years to be used by the City to assist residents in retrofitting existing homes, etc. He then spoke at length of the FAA funding program. He stated that correspondence had been received from PIBC, Legal Aide, and a law firm representing the KOHL Co. suggesting the Council not act on the agreement. He stated that letters were also received from the President of the Avalon Brentwood Homeowners Assn., as well as, from 20 plus residents and 114 phone calls from people in the Avalon/ Brentwood area indicating support for adoption of the agreement. Vice Mayor Nicolopulos stated that he did not understand how whatever decision Council made on the agreement would not be a determining factor. He stated that the agreement was explicit which the com- mittee had come up with; the Airport had 8/14/91 Page 6 AGENDA ACTION TAKEN "ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS taken a position, now it was up to the Council to take a position with the recommendation of the subcommittee. Mayor Drago stated that the Manager had related that the action the Council took now was not binding - it was to set in process what had to be done. Vice Mayor Nicolopulos disagreed, and stated that he felt it was binding. City Manager Armas read aloud page 9 of the agreement, "Upon execution of this agreement S.S.F. shall be obligated to initiate process and consider in good faith the action set forth below. The action set forth below describes a process whereby the City in exercise of its lawful governmental authority after due consideration of all the information that it receives taken into account and con- sider whether or not to amend their General Plan." Mayor Drago stated that he had requests to read letters into the record, and questioned the City Attorney as to whether or not this was necessary. City Attorney O'Toole stated that the record will reflect, through the City Clerk, that those letters were submitted and will become an actual part of the packet, so it was not necessary to reread them into the record. Mayor Drago stated that this would be true of the opposition letters from Mr. Fred S. Farquar of Landspring, the Legal Aide Society, and PIBC, as well as let- ters in support of the agreement. Councilman Penna stated that the City Manager had mentioned that there were two periods of time when funds were not received from the FAA and that the last period of time was 1989-1990. 8/14/91 Page 7 AGENDA ACTION TAKEN '1DMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS City Manager Armas stated that the City did not receive any money in 1984-1985, nor in 1989-1990. He stated that ini- tially this City had been the lone entity competing for FAA dollars, and over time other cities had applied for monies coupled with reduction of FAA monies because of the money going to other cities. Discussion followed: that there was a delay in the receipt of FAA funds as com- pared to when the insulation work takes place; when the City executes an agreement with the FAA the City needed to demonstrate the matching fund capability from the Airport; the FAA considered an expenditure taking as long as 24 months to have been satisfactory; that the 1988 funds were not expended until 1990, etc. Mr. Jim Swinfard, 120 Sherwood Way, encouraged the Council to approve the agreement. He stated that he firmly believed that a City's primary respon- sibility was to those citizens who pre- sently reside in and pay taxes in that City. He spoke of conditions in the impacted area where residents were forced to endure painful intrusions into their daily and nightly existence for an inde- finite period of time without retro- fitting done to their property. He spoke of a resident going into debt for $10,000 for retrofitting that would not be reim- bursed and that the people could ill afford the expenditure. He asked the Council to establish a more defined policy regarding when particular neighborhoods were going to be retro- fitted, so the residents could make important financial decisions. Mrs. Elaine Busalacchi, 38 Escanyo Dr., stated that conversations could not be held in her home because of the overhead aircraft noise that occurred sometimes every 3-15 minutes made it impossible. 8/14/91 Page 8 ---ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS She stated that she and her husband could not afford to retrofit their home or buy another. Mr. Jim Lallas, 739 Grand Ave., stated that he had lived in a house in Buri Buri, and was convinced it was lined up with Runway 27 - the Gap. He felt that the noise had improved tremendously over a twenty year period because of high bypass low noise engines, larger aircraft, and most important, the change in flight patterns. He had thought that putting housing with the Shearwater Project was out - a moot issue, and encouraged the Council to accept the money and can the housing east of 101 because it was an industrial area. He felt that the Airport had become a good neighbor and was important to the area. Mrs. Antoinette Fraschieri, 478 Avalon Dr., strongly urged the Council to accept the agreement and continue the retro- fitting program to alleviate noise in residences. Mr. A1Seubert, 224 Northwood, spoke of the comfort level after his home was insulated, and he encouraged the Council to approve the agreement. Mrs. Margaret Pettigrew, 408 Briarwood, spoke of having to endure noise levels in her home that rattled dishes and windows and made it impossible to hear the tele- vision. She urged adoption of the agreement for the betterment of S.S.F. and its present residents. Mr. Joseph Stamatis, 269 Avalon Dr., stated that when the jets came overhead conversation out of doors was impossible and that indoors conversation was dif- ficult. He stated that when the shore- line departure route was put in noise problems were allevated some from flights turning out over the Bay before 8/14/91 Page 9 AGENDA ACTION TAKEN .-~-ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS flying over the City. He stated that the insulation program had alleviated some noise, but only a few of the homes in the area had this advantage, and he believed all the homes should have that same advantage. He encouraged the Council to not allow housing east of 101 under the Shoreline Departure Route. He stated that since then some homes had been double paned to add insulation under the noise abatement program thanks to efforts of some of the Council to alle- viate the noise. He stated that he was in favor of entering into the agreement to not allow housing east of 101Bayshore, otherwise he felt that if homes were built there would be pressure put back on the Airport to have the planes return to their origi- nal departure. He stated that Runway 28 left and 28 right point directly at his home. He stated that historically some of the Council were pro-development people and people who did not live in their City, rather than for their constituents who voted them into office. He urged the Council to vote the adoption of the agreement and accept the $10,000,000 and think of the benefits to the residents. Mr. Paul Weise, 222 Brentwood, stated that his home was right under the flight plan and when his family watched a TV mystery they missed the solution because of the airplane noise - which was very frustrating. He stated that it appeared that the issue involved giving the future rights of some people to live under a flight path to endure current residents hardships or to ameliorate the conditions of people already living under the flight path. He felt the Council should take care of the present residents. San Mateo County Supervisor Schumacher 8/14/91 Page 10 AGENDA ACTION TAKEN !'--ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS stated that the County had just concluded an agreement for Country Club for $644,000 from the FAA, and $170,000 from the Airport for retrofitting homes which would be completed in the fall of 1992. He stated that the agreement before Council concerned him because of the pro- cess and Mr. Turpen's remarks in the newspaper that if the City did not approve the agreement they would not get the money. He stated that he was con- cerned over Millbrae and Daly City who also had residents needing the retro- fitting and yet they were not being offered the $10,000,000. He spoke in detail of political pressure from the Airport to oppose the Kopp Bill, and now pressure to have the City approve a change to the General Plan in advance. He stated that the Manager had said that you go ahead with the agreement but you will have public input - but what was proposed was to make a decision before the General Plan amendment. He felt the Airport was spending money to buy an amendment, and he was concerned where that would leave the people in Millbrae, San Bruno, and Daly City. Councilwoman Teglia stated that the Council was not interested in hurting its neighboring cities, but the funds from the Airport were coming from a source separate from the on-going funds. Mayor Drago stated that Mr. Turpen had not initiated this - that after the Council Hearing on the Kopp Bill where the owners could not sue the Airport, he had selected a subcommittee to meet with the Airport to find out what they were willing to do. He spoke of subsequent Subcommittee meetings with Mr. Turpen. He stated that it was a result of the Senator's Bill that the City was in danger of losing the funds, so rather than go through it yearly to seek grants - this was how it came about. 8/14/91 Page 11 AGENDA ACTION TAKEN --~DMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS Supervisor Schumacher questioned if the Airport had indicated that the City was in danger of losing the funds. Mayor Drago replied in the affirmative. He stated that he did not feel the Council was penalizing any of the other cities, and if they were willing to change their General Plan - he would encourage it. Councilwoman Teglia stated that in the past the Airport only had to match what the City was getting from the FAA, and this particular agreement calls for money being paid to this City irrespec- tive of the FAA. She stated that since the inception of the program in 1983-84, there had been $1,000,000 in total from the Airport in matching funds. She stated that this agreement did not guaranty a General Plan Amendment, because if after the public hearings the Council decides it is not warranted - there are no penalties. Mayor Drago stated that his record shows that he has never been a supporter of housing east of the Bayshore, and the only thing that had been approved was 300 units in the Shearwater. Supervisor Schumacher stated that if jobs were created without housing it would cause more transportation problems and congestion. Councilman Haffey stated that the Council was elected to represent the people who live here, who voted them into office, and this was not a difficult issue and was nothing to cause a long debate. He stated that the Mayor had never supported housing east of the freeway - he himself had actually considered it east of the Bayshore before this. He complimented the subcommittee on the agreement, and also felt that it was more important to consider the Southwood, Francisco Terrace residents than it was to consider the 8/14/91 Page 12 ^GE,D^ ^CT O, T^KE, --ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS Kohl Corp. who want to develop homes east of the freeway. He stated that he was not running for reelection or looking for votes, but felt the audience should push the candidates for Council on where they stand - what is important, the developer or the people who live in the neighborhood because that had been his legacy on the Council. Councilman Penna stated that his in-laws lived in one of the noise impacted areas, and spoke at length of graduating noise levels over the years from the jets flying over head. He spoke of a flyer from the Avalon/ Brentwood Homeowners Assn. in reference to the agreement which would pay for noise insulation without cost to the homeowner. He stated that was not true, and referred to a engineering map which prioritized homes that would be included in the program. He stated that the sta- tement would be correct if it said that each selected home would be taken care of - not all of the homes, as the flyer indicated, are selected. He spoke in detail of homes being included in the retrofitting program with a 70 CNEL, then 69 CNEL noise levels, and so forth. He stated that it covered Brentwood up to Briarwood to Greenwood - Ravenwood, Sherwood, Wildwood and Hazelwood are not included because there are not enough funds, etc. He continued in detail of the areas not included: upper part of Avalon; Westborough, Buri Buri; Winston Manor because they fall below the 68 CNEL priorities. He spoke of an map he had received from the Engineering Dept. that showed that chances for the Winston Manor area being done were nil, yet Daly City would be seeking grants for Serra Manor which 8/14/91 Page 13 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS was across the street. He cited in detail the homes needing retrofitting, and stated that the total number was in the area of 6,000 with an average cost of $11,500.00. He felt that there was a need for $80,000,000 rather than the $10,000,000 in the agreement. Councilwoman Teglia refutted the Councilman's statements: that the agreement with the FAA called for homes of 65 CNEL or greater being retrofitted; that all of Brentwood, Avalon Park, Francisco Terrace, A, B, C, and Park Haven on this side of the Golf Course was totally included - every single owner occupied home in those areas. She stated that Councilman Penna was correct - there was little money. She stated that the agreement says take the money and the City was required to apply for FAA grants for matching funds over the ten year period on an annual basis, and the City needed to get an agreement from the FAA for the ten year period, etc. Councilman Penna stated that the problem was that the Airport had offered pie in the sky, and although the agreement had merit as a starting base for nego- tiations, etc. He spoke in detail on greater aircraft noise from increased internation flights on Runway 28 heading west and heavy domestic flights for which S.F.I.A. would be the hub. He stated that this would be decided in the master plan for the Airport, and he felt there would be an attempt to change the map because with quieter aircraft they could remove areas to be retrofitted. He stated that the Airport was an impor- tant neighbor to S.S.F. because of their employment of people in the area. He stated that the master plan showed a budget of $1.7 million, and he felt they 8/14/91 Page 14 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS could increase the funds in the agreement to $80,000,000, etc. He stated that the Airport had said that if the City supported the Kopp Bill they were going to withdraw their funds - which he felt was obscene. He stated that the Airport was looking for aviation easements, so that anyone retrofitting their homes, using the matching funds, could not sue the Airport. He stated that the City had two choices: it could use redevelopment funds - which the FAA would allow; or the City could pay the 20% matching funds. He stated that he would like to move that the Council bring this aback to the Airport Committee for the purpose of starting a negotiation process with the Airport talking about the fair share of what they owe us. He felt that $10,000,000 was pennies, and he was not going to sell the City out for pennies. He stated that in L.A. the Airport was taking care of the noise problems by matching the Federal funds 100%. He stated that when contracts were signed rapidly often the fine print was over looked, and he saw a sell out that was to the benefit of the Airport. He stated that he had heard tonight that there were no votes for housing east of the freeway - not true. He stated that the Zoning Map in the area of Bayshore is zoned planned commercial and residential with 30 units to the acre, and the Council identified residential in Shearwater and the Kohl development, etc. He stated that if the City was going to bring in businesses - they must provide housing, otherwise it impacts traffic. He stated that his other objection was in having another government agency in our pocket - which means that when the Airport expands and develops housing, the 8/14/91 Page 15 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 15. Resolution - Continued. Councilman Haffey Left the Podium: ADMINISTRATIVE BUSINESS City can only approve housing if the Airport does. He stated that the flyer says that after due process it will not allow housing east of 101 - which was partially true. He stated that the agreement the Council was being asked to accept calls for a process where the City goes through the General Plan and removes the right for any of the redevelopment areas to establish housing for fifteen years - even though the agreement is only for ten years. He continued, which means that any Council in the future that wishes to change that - they can, but they must pay back the money. He stated that the Airport was not putting up $10,000,000, instead it is $7,500,000 and the rest is interest. Mayor Drago reiterated that he had never supported housing east of 101, and there had not been applications before the City for housing other than Shearwater. Councilman Haffey left the podium at 8:50 p.m He stated that it was not unusual to cut a deal with another government agency, and the City had one with the County for the jail and was willing to give up a $1,000,000 property to keep a jail out of the neighborhoods which unfor- tunately was not accepted. City Manager Armas suggested that there might be some merit in completing a larger segment of a neighborhood as the programs progressed before moving on, and those choices would be submitted to the Council. Discussion followed: that there was a written agreement with the FAA; that the residents were entitled to know when their homes would be retrofitted; that there had been a 5-0 vote for the sub- committee to meet with the Airport; that the City intended to go for rented dwellings after the owner single occu- pancy homes were completed; subcommittee 8/14/91 Page 16 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 15. Resolution - Continued. ADMINISTRATIVE BUSINESS Mr. Doug Thomas, Kohl Company, refutted the benefits of the agreement to the City: that this agreement was without cost to the City; the Airport operated under a variance, and is required to pro- vide noise insulation funds because of the problems they have brought on; the need for housing in the Airport expansion plans; that the funding from the Airport had not changed since 1986; that the homeowner had to give up his right to sue the Airport in order to take part in the program; that Dallas Fort Worth Airport offered 25% whether you wanted to insu- late or not which cost five thousand vs. the two thousand cost here; Dallas will also appraise your home and if you can't get that price, they will buy it from you; do all the homes get insulated; is it done quickly; the map currently used would be changed when the Airport master plan was finalized and homes in areas on the old map would no longer be eligible for funding; that if his company could build high density housing affordable at Serra Point in the redevelopment area, the City would derive benefits, and ease the housing shortage; that the City was losing businesses to other areas in the because of a lack of affordable housing; that Shearwater and Kohl developments were not underneath the flight path according to the new map; that there were other alternatives to banning housing; etc. Mr. Jake Jones stated that he was for this program even when Mrs. Teglia and her friends advocated homes in the Shearwater, and cautioned people against getting carried away by the fairy god- mother who is doing things for us. He stated that Mr. Turpen had admitted that Louisville Kentucky got $200,000,000, and he felt that everyone's house should be retrofitted that is affected by the noise. He stated that'he knew it was election time, and he wanted to not give someone a homesteading seat on the Council for a fourth term. 8/14/91 Page 17 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 15. Resolution - Continued. Councilman Haffey Return to the Podium: ADMINISTRATIVE BUSINESS Mr. Lou Turpen, Director of S.F.I.A., stated that the Airport had taken a posi- tion to mitigate noise, and that one way to do that is to not introduce incom- patible land uses. He stated that the Shoreline Departure Route was the only one that did not fly over homes. He stated that he did not believe that homes should be built in toxic areas or under the Shoreline Departure Route. He stated that the 1980 map was being used because it allowed the largest or maximum number of homes to be insulated using Federal and Airport funds. He stated that this City had under 6,000 impacted homes, and the State standards do not require the Airport to insulate homes in single event noise areas, and that further to that the area east of the Bayshore was under the flight plan. He stated that in the mid-1980s debate over 65 CNEL did affect the Shearwater Project, and that the return of pre- vailing summer westerly winds forced airplanes to go straight out through the Gap or use the Shoreline. Councilwoman Teglia commented that the funds were for homes built before 1980 - not for new homes. Councilman Haffey returned to the podium at 9:15 p.m. Mr. Turpen stated that Foster City was lobbying the Airport for noise mitigation when housing had been opposed in Foster City because of flight patterns. He stated that the Airport had obtained a variance to operate from the State to mitigate noise in the community that had gone from $200,000 to $500,000. He stated that the Airport had $300,000 in the budget for all cities - but, the $10,000,000 had nothing to do with those funds. Vice Mayor Nicolopulos stated that he had 8/14/91 Page 18 AGENDA ACTION TAKEN F 'ADMINISTRATIVE BUSINESS 15. Resolution - Continued. (Cassette No. 2) RECESS: RECALL TO ORDER: 12. BART Study Team presentation~ 5°~ regarding status of environmental studies and analysis of alter- natives. ADMINISTRATIVE BUSINESS heard allegation and assumptions from Mr. Turpen that had not been corroborated. He complimented Councilwoman Teglia for getting S.S.F. as the first City to get these funds, as well as her negotiations, however, he did not feel she had been tough on this agreement. He stated that Mr. Price had said in reference to Shearwater, that he could make more money with a commercial deve- lopment when the City wanted the residen- tial component. He complimented Mayor Drago for being tough and getting $15,000,000 for the Overcrossing, but he felt that if the City approved this agreement it was giving up control. M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO. 106-91 Carried by majority roll call vote, Councilmen Nicolopulos and Penna voted no, Mayor Drago declared a recess at 10:40 p.m. Mayor Drago recalled the meeting to order at 10:55 p.m., all Council present. Mr. Goldberg described the following: alignment of tracks; the Colma, Chestnut and Tanforan stations; external alignment to the Airport; inclusion of Alternate 5 and 6; vertical alignment in each; pro- ject schedule; preparation of capital cost estimates; investigation of all impacts; public hearings will be held and alternatives will be selected in 1992; there would be an open house in October on the alternatives, etc. Councilman Haffey stated that he was glad to see that the subway option was still being considered. Councilwoman Teglia stated that there 8/14/91 Page 19 AGENDA ACTION TAKEN ~DMINISTRATIVE BUSINESS 12. BART - Continued. 13. 14. Resolution authorizing a reward the amount of $5,000 for infor- mation leading to the arrest and prosecution for the person(s) responsible for the death of Celestino Diaz-Guzman. A RESOLUTION AUTHORIZING A REWARD FOR INFORMATION AND APPREHENSION OF RESPONSIBLE PERSONS IN THE CELESTINO DIAZ-GUZMAN HOMICIDE CASE Resolution approving agreement between the City and International Assn. of Firefighters Local 1507, Unit B; and Resolution approving budget amendment. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1507, UNIT B, FOR THE PERIOD JULY 1, 1991 THROUGH JUNE 30, 1994 A RESOLUTION APPROVING BUDGET AMENDMENT 92-4 TO THE 1991-1992 OPERATING BUDGET ADMINISTRATIVE BUSINESS were two alternatives for S.S.F., but she did not like the idea of a trench running adjacent to a major park and neighborhoods. Mr. Goldberg stated that the cut would be retained and would be kept close to grade. He stated that the decision making would take place after the public hearings and the City could provide imput to the Policy Committee, etc. Police Captain Raffaelli related the 4/13/91 shooting of the local resident and this attempt to find information to assist in the apprehension of the guilty party. M/S Haffey/Penna - To adopt the Resolution. RESOLUTION NO. 107-91 Carried by unanimous voice vote. Coordinator of Labor Relations Tolmacheff stated that the City and the Union had reached agreement on a new three-year MOU after a number of negotiation sessions, and recommended the Council adopt the resolution. Mayor Drago stated that a no vote would appear that he was against the MOU, however he supported the resolution but had a problem with a three year contract across the board when the economy was not stable. He spoke of statistics he had compiled on the market for fire fighters, cost of living or CPI factors, and that his figures were higher than the cost being used tonight - which the Council had ignored. He stated that in the vote taken in Closed Session on the MOU, three Councilmembers voted for it and he had been the lone dissenter. He stated that 8/14/91 Page 20 A G E N D A A C T I 0 N T A K E N ~,~i!~.L. ?i~ ADMINISTRATIVE BUSINESS 14. Resolutions - Continued. ADMINISTRATIVE BUSINESS in tonight's staff report the numbers were different than voted on in the Closed Session, and proceeded to cite the differences. He stated that the numbers bothered him, because he would rather see the actual increases out front. He stated that during the negotiations the budget deficit and the consumer price index had not entered the picture as to where the dollars would come from. He stated that he was going to oppose all future increases unless the economic cloud disappears. City Manager Armas stated that the terms in the staff report provide for adjust- ments every six months, yet although it appeared to be a disparity - analyzing the dollar allocation was consistent. Councilman Haffey stated that the Council had given direction to staff in Closed Session to put together the MOU and put it on the table in negotiations for a three year contract with a medical cap - which staff did. Councilman Penna spoke of the importance of good salaries for police and fire em- ployees, and felt if there was a short fall it should be in the conference center. Mayor Drago stated that Councilman Penna had not voted for the budget, and had said make cuts in services to handle the ueficit. He stated that he was not sure the fire- men wanted a three year contract, and was bothered by the City committing funds for three years when they did not know if they had the funds. Councilwoman Teglia stated that she sup- ported multi-year contracts, and did not feel that the contract was exorbitant. M/S Haffey/Teglia - To adopt the two resolutions. 8/14/91 Page 21 AGENDA ACTION TAKEN ....... ADMINISTRATIVE BUSINESS 14. Resolution - Continued. PUBLIC HEARINGS ~qo~ 17. Public Hearing - Appeal of Planning Commission decision of 7/18/91 re: UP-91-888 and Negative Declaration No. 716 to allow a public con- ference center at 255 Airport Boulevard; Conduct Public Hearing; Motion to uphold the decision based on the findings and subject to the conditions of appro- val in the staff report. ADMINISTRATIVE BUSINESS RESOLUTION NO. 108-91 RESOLUTION NO. 109-91 Vice Mayor Nicolopulos stated that he agreed with the Mayor that these were austere times and that multi-year contracts were not good. He stated that a study of 50 cities showed that 29 were in the red and had to cut services or raise taxes. He stated that he was against doing either for two years, and wanted to minimize withdrawals and maxi- mum deposits. Mr. Steve Pieraldi, President Local 1507 Fire Fighters, stated that a three year contract was not all things, but was fair and equitable. He stated that this was the first time a contract was received by the firefighters before July I and he complimented the City. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Chief Planner Solomon presented the staff report and encouraged the Council to uphold the decision of the Planning Commission and deny the appeal. Mr. Lou Dell'Angela stated that he had expressed concern in 1989 over the con- ference site not being the best location, and the City should study other sites before making any commitment for leasing. He continued, the City had entered into the agreement which in his professional opinion had drawbacks. He cited his concerns over the conference center: plans were incomplete; insuf- ficient parking on the site; negative declaration was not justified based on the information in the staff report; lack of a parking management plan, and if one is not received the City should hold up 8/14/91 Page 22 AGENDA ACTION TAKEN PUBLIC HEARINGS 17. Public Hearing - Continued. PUBLIC HEARINGS the certificate of occupancy; that the amount of surplus parking available at the two adjacent hotels was not known; there was not sufficient space for over- flow parking at the Travel Lodge or in the PG&E lot; lack of a comprehensive financial analysis study; lack of a parking and market study which were cru- cial elements; lack of an agreement with the Radisson and the Travel Lodge to record covenents on the property to pre- serve parking for the center, yet the zoning ordinance says they are require- ments; concerns raised by the consultant firm confirmed the inadequacy of parking on the site, etc. He stated that the staff report appeared to have different rules for different people, and felt that if it was not a City project the Planning Commission would have thrown it out. He stated that this had started origi- nally as a City project and then a func- tional market, and then the Radisson and the Holiday Inn joined - he questioned why the City was marketing for the two hotels. He stated that this was a City project and if the City wanted to they could turn it over to private hands - which he suggested, rather than showing favoritism to certain hotels. He felt that a 1,200 capacity conference center was not what the market needed, and felt that the planning should be based on solid information before a deci- sion was made by the Council. He stated that the hotels were suffering from a lack of occupancy because of the over building of hotel rooms, and the con- ference center was not going to help the economic climate. He stated that the City could save the money now and build the center in a different location. He requested the Council do the following: 1) reject site and take legal steps to get out of the $300,000 per 8/14/91 Page 23 A G E N D A A C T I 0 N T A K E N ~<,~i~_. ~ PUBLIC HEARINGS 17. Public Hearing - Continued. Councilman Haffey Left the Podium: PUBLIC HEARINGS month lease; 2) create a task force of community leaders; 3) draft documents to shift the financial burden to the private sector if Measure C funds don't cover the private management operation. Conference Center Director Carl stated that the Board and staff had worked dili- gently to respond to Planning Commission concerns and they realized that the project must be carefully managed. Mr. Jim White, Holiday Inn, strongly urged the Council to uphold the decision of the Planning Commission. Mayor Drago asked that a letter from Comfort Suites be made a part of the packet, and closed the Public Hearing. Councilman Haffey left the podium at 12:25 a.m. Vice Mayor Nicolopulos stated that he was not against the conference center, but he agreed that a market feasibility study and a budget should have been done to get the best possible deal for the center. He stated that he would oppose this item. Councilman Penna stated that he agreed with Mr. Dell'Angela, and pointed out the fact that the site had sunk to water level and would flood. He stated that an agreement with the Holiday Inn and the Radisson to reserve parking spaces was unreasonable because they didn't have enough spaces for rent-a-car and their patrons. He felt that if it was to be a joint effort with private industry, then they should take the risk and relieve the City of its obligation. He stated that the Board meeting minutes do not address overruns and the cost of the project, and the tapes are garbled. He stated that he was also concerned because he could not get a copy of the Board minutes without writing memos. 8/14/91 Page 24 AGENDA ACTTON TAKEN --PUBLIC HEARINGS 17. Public Hearing - Continued. Councilman Haffey Returned to the Podium: 16. Resolution approving plans and specifications and calling bids for the South San Francisco Conference Center. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE CONSTRUCTION OF THE CONFERENCE CENTER ITEMS FROM COUNCIL PUBLIC HEARINGS He felt that the City should drop the lease, set up a task force to look for another site that would support parking, and uphold the appeal. Discussion followed: whether private ownership had been investigated; how to lock in parking at the hotels; through a certificate of occupancy; City would be putting $5 million into the building and did not have a means of guaranty; con- dition 5 stipulates those conditions that must be in place to tie it to the bid award; parking spaces at the Radisson, Holiday Inn, and the Travel Lodge. Councilman Haffey returned to the podium at 12:53 a.m. M/S Teglia/Haffey - To deny the appeal, uphold the decision of the Planning Commission; modify Condition No. 5 "That agreements referenced be approved by the Chief Planner prior to award of bid." Carried by majority roll call vote, Councilmembers Penna and Nicolopulos voted no. Conference Center Director Carl presented the staff report. M/S Haffey/Teglia - to adopt the Resolution. RESOLUTION NO. 110-91 Carried by majority roll call vote, Councilmembers Nicolopulos and Penna voted no. ITEMS FROM COUNCIL Mayor Drago asked that Mr. West's matter be taken care of from an earlier meeting. Councilwoman Teglia stated that the grounds of the Post Office on Linden are blighted. 8/14/91 Page 25 A G E N D A A C T I O N T A K E N ~'~'<. ~.~ ---~OOD AND WELFARE CLOSED SESSION 18. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. ADJOURNMENT M/S Teglia/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 1:10 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, _City of South San Francisco APPROVED. ~ /~ity of South Sang'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. 8/14/91 Page 26