Loading...
HomeMy WebLinkAboutMinutes 1992-07-22Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes Roberta Cerri Teglia ~bert Yee AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS 1992 Beautification Awards Proclamation - 20th Anniversary Rotary P1 aza 50Q -7 AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Commun i ty Room July 22, 1992 2!9 ACTION TAKEN 7:46 p.m. Mayor Penna presiding. Council present: Council absent: Drago, Fernekes, Yee, Teglia, and Penna. None. The Pledge was recited. Rev. Landi, St. Veronica Church, gave the invocation. PRESENTATIONS Beautification Committee Members Barbara DeMattei, Margaret Caldow, and A1Seubert presented the following awards: Residential - Ray and Edwina Tardeo for 620 Palm, and John Moothart for 773 Palm; Commercial - Crow Spieker Singleton for 800 Dubuque; Planting for Drought Years - Ned and Laura Masetti for 256 Oakcrest; Committee Choice Award - Charles Gidney for 3 Jacinto. Mayor Penna read the Proclamation aloud and presented it to Mr. Avanessian. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. Perry Bautista, 2437 Rowntree, stated that he was President of the Westborough Hills No. 7 Home Owners Assn. and cited the following concerns: the fire on San Bruno Mountain that he had spoken on at the last meeting for a controlled burning program and air pollution problems were mentioned; there was a fire yesterday on Gellert that damaged a home, and the Fire Dept. was investigating for suspected 7/22/92 Page I AG E N DA AC T I O N TAK E'N 2ZO -" .RAL COMMUNICATIONS ORAL COMMUNICATIONS arson; the owner of the lot had been warned to clean up the area and he had not; that the City should make sure the owners of properties clean the vacant parcels around homes so there is not a fire hazard due to dry grass. Mr. Carl Rowlands, 467 Comerwood Court, stated that on the 11th of July there was a fireworks demonstrating at the Country Club Golf Course that was very disturbing to residents. He stated that there had not been notification to the residents in the newspaper or by any other means, yet the County Fire Marshall had given a per- mit to allow the demonstration and did not have fire trucks on the site in the event of fire. He stated that the 911 number had been clogged, and one could not get through to report the distur- bance, and had learned that there had been 100 calls and the police could not respond because the permit was issued by the County. He stated that the fireworks disturbed the peace of residents, as well as their animals. He felt this was particularly ironic because there had been a fire pre- viously on the golf course wherein resi- dents had to fight the fire with hoses to protect their property from a fire caused by fireworks which supposedly are not allowed. He stated that he was bringing this to Council so that there would be a coopera- tive effort of police and fire in both the County, City, and Highway Patrol being notified because people were stopping on 280 and on Westborough to watch the fireworks that could have deve- loped into a fire. He stated that he had asked our Fire Marshall if he would have issued a permit for the fireworks, and the response had been no. Mayor Penna thanked Mr. Rowlands for bringing the issue forward, and noted 7/22/92 Page 2 AGENDA ACTION TAKEN ~ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Adjourned Regular Meeting of 6/17/92, and Regular Meeting of 6/24/92. 2. Motion to confirm expense claims of 7/22/92. Resolution authorizing the acquisition of property insurance through ABAG PLAN Corporation. 5~1 A RESOLUTION APPROVING ACQUISITION OF PROPERTY INSURANCE THROUGH ABAG PLAN CORPORATION ORAL COMMUNICATIONS that the problem was jurisdictional because the Golf Course was in the unin- corporated part of the City belongin9 to the County. Mr. Rowlands questioned if the County could disturb the peace of residents in S.S.F. Discussion followed: that San Bruno did not have a fireworks ordinance, and allow fireworks sales in the City, and the same was true of the County; that the Golf Course, McLellan Nursery, and Country Club were unincorporated areas; that this City was paid by the County for fire ser- vice to the unincorporated areas and should have some leverage so it will not be done again; staff should investigate, and provide notification to residents if it should occur again; that fire appara- tus should have been on the scene; that the City only allowed fireworks at the marina; that the Dept. of Forestry granted the permit; that the permit could have been illegally granted because they did not comply with State law by the absence of fire engines, etc. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,620,270.40. RESOLUTION NO. 81-92 7/22/92 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR e Resolution approving budget recommendation for Columbo's Liquors in the Downtown Commercial Rehabilitation Program. A RESOLUTION APPROVING RECOMMEN- DATION FOR THE DOWNTOWN COMMERCIAL REHABILITATION PROGRAM Resolution imposing assessments for unpaid cost of removing aban- doned vehicles from private pro- perty, directing City Clerk to file assessments with County for inclu- sion on 1992-93 tax rolls. A RESOLUTION AUTHORIZING ASSESSMENT OF COSTS FOR ABATEMENT OF ABANDONED VEHICLES Se Resolution imposing assessments 5~7 for unpaid cost of removing aban- doned vehicles from private pro- perty, directing City Clerk to file assessments with County for inclu- sion on 1992-93 tax rolls. A RESOLUTION AUTHORIZING ASSESSMENT OF COSTS FOR ABATEMENT OF ABANDONED VEHICLES CONSENT CALENDAR RESOLUTION NO. 82-92 Removed from the Consent Calendar for discussion by Mayor Penna. M/S Teglia/Yee - To approve the Consent Calendar with the exception of Item No. 5. Carried by unanimous voice vote with the exception of Item No. 4 wherein Mayor Penna abstained. Director of Finance Margolis stated that the Municipal Code established procedure wherein nuisances caused by private vehicles can be removed and it calls for notification to registered owners, when they can be identified, of the Public Hearing. She stated that the Police Dept. tows the vehicles, Finance bills the owners, and once a year comes to Council for authority to place the unpaid costs on the property tax rolls for collection. Mr. Milton Steffens, 636 Commercial Ave., spoke against the assessment of his pro- perty: he was not notified to remove the vehicle from the apartment house proper- ty because he had changed his post office box number in May of last year, and had notified the Assessor; the registered letter was returned by the Post Office from the old box number; he had received 7/22/92 Page 4 AGENDA ACTION TAKEN ~ 5. Resolution - Continued. ADMINISTRATIVE BUSINESS 6. Resolutions of Intention to begin condemnation proceedings on five properties for the Oyster Point Interchange Right-of-Way acquisition. A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYSTER POINT INTERCHANGE (LEVITZ) A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYSTER POINT INTERCHANGE (SHEARWATER) his property tax bill at the new box num- ber, etc. Discussion followed: that the notifica- tion process had been followed; the pro- perty had been posted, and the nuisance abated; that often abandoned vehicles did not have license plates to check for ownership; City was trying to access the Auditor's computer for assessors rolls with the new system; that Mr. Steffens felt that the City's letter did not say that anyone had to pay for the towing; contents of the registered letter; that the vehicle belonged to a former tenant of Mr. Steffens; that the landlord had the resource to go after the tenant for the abatement costs; that due process was followed by staff; that the owner could have a Manager on site to handle these matters promptly; that absent owners were a problem in the community; that the vehicle owner had been using the property to try and fix the vehicle on the site which was in violation of City Code; that there was mail forwarding for six months to a year by the Post Office, etc. M/S Fernekes/Teglia - To adopt the Resolution. RESOLUTION NO. 83-92 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Engineer Van Dohren stated that they had submitted the design to Caltrans for review for this Project, and expected approval by September. He stated that the EIR was finished and he was working on a request for proposals for the construc- tion management services, and would award the bid in December and January. He stated that they must proceed with the condemnation proceedings immediately for the right-of-way from Caltrans, and were continuing with the negotiations with the property owners. He stated that if the resolutions were adopted it would take 7/22/92 Page 5 AGENDA ACTION TAKEN 224 '--~DMINISTRATIVE BUSINESS 6. Resolutions - Continued. A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYSTER POINT INTERCHANGE (TERRABAY) A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYSTER POINT INTERCHANGE (CROW- SPIEKER-SINGLETON) A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYSTER POINT INTERCHANGE (BRESSIE) ADMINISTRATIVE BUSINESS 100 days for the filing, and they would stay on schedule for December. Mr. Doug Wiebe, Wiebe Assoc., used slide projections and explained: the rela- tionship of the five parcels for condem- nation and the actual frontage involved in the easements to widen the street for the new off-ramp coming off 101; dealing with minimizing the traffic on Dubuque and Airport during construction by doing Dubuque first, the off-ramp, and then the major fill areas, etc. Mr. Tom Head, Bressie & Co., 220 Sansome St., passed out a letter from Mr. Bressie that spoke of the negative impact the power lines have on their retail tenants. He stated that the problem was that the proposed utility poles were being moved almost directly in front of the their client's showroom windows and sign, as well as, be in front of their other clients windows. He stated that they had been requesting that the poles be underground even though it will cost more, because of the impact on their retail clients during the next two years. He stated that with the new position of the poles it was likely that they would lose their retail tenants, and this would effect revenue presently coming into the City. He stated that they did not feel that enough study had been made on the economics of the relocation of the poles, and urged the Council to not act and take more time in the negotiations. Mayor Penna stated that time was of the essence for the Council to move on the item because of time constraints. City Manager Armas stated that there may be a way for the City to keep on tract and address the concerns. He suggested that staff go back and evaluate the amount of money available for undergrounding on Rule 28A, and target any 7/22/92 Page 6 AGENDA ACTION TAKEN -DMINISTRATIVE BUSINESS 6. Resolutions - Continued. ADMINISTRATIVE BUSINESS other streets that would benefit from the dollars, and then Council decide on the undergrounding. Discussion followed: that this area was part of the downtown central redevelop- ment plan; that the undergrounding had to be identified when the redevelopment area was created; Vice Mayor Teglia felt that undergrounding was a sensible approach, and questioned why the figures had not been identified, and whether these pro- perty owners would participate in the undergrounding; that the Bressie property had been rezoned after the project began; the costs for the poles above ground vs. below ground; that undergrounding would cost $300,000 and would delay the project four to six months even with Rule 28A; Councilman Yee suggested leaving the curb in place and narrow the rest of the lane, at least on a temporary basis, to not remove the poles and when they were removed - put them underground; he suggested the poles be moved two feet down and have an easement for the sidewalk, walk around the pole rather than move the poles seven feet back to minimize the impact on the property owners; that the easement description would have to be changed if it was to be two feet rather than 7 or 10 feet, etc. Mr. Christopher Peatross, Crow-Spieker- Singleton, stated that his property had 15 tenants that would be severely impacted by moving the poles 10 feet. He spoke of two of his tenants that would be affected by the transfer of electrical current through the power lines, as well as, health problems on which there had been many lawsuits. He stated that his firm had not seen the plans on moving the telephone poles, yet they had 15 days to respond and the City was now condemning the property. He stated that he would rather see the poles underground rather than moved for 7/22/92 Page 7 AGENDA ACTION TAKEN 6 DMINISTRATIVE BUSINESS 6. Resolutions - Continued. ADMINISTRATIVE BUSINESS $100,000 of their assessment money. He stated that the project was in line for Rule 28A funds if there was any way to speed this along without a delay to the project. He stated that two of the tenants were experiencing computer problems because of PG&E placing 60 CD line along the building and they had written letters, and when they moved their computers the problems ceased, but the proposed moving of poles could bring the problems back and the tenants would move out. Discussion followed: that the project had been going on for two years and there was concern that only now were people aware of the relocation of the poles; that the poles could be relocated two feet away to accommodate the property owners; that an easement was not needed if the poles were undergrounded; that the undergrounding would have to be reviewed by Caltrans; that two more items would come before the Council at the next meeting for Shearwater and Homart; that staff should have it reviewed by Caltrans before 8/12/92 and look at Rule 28A; Councilman Yee stated that the resolu- tions on easements could be acted upon because the descriptions would not affect the easements for the undergrounding; he suggested that PG&E relocate the poles at the corner of the two lots so they would not affect the windows or signs; the City Engineer suggested making the poles taller so the electro magnetic field was further away from the buildings; Councilman Yee felt that the City should not be involved with the EMF because it did not have expertise in that area - PG&E does, and it is their responsibility; Mr. Wiebe was concerned about making changes in the easements because the appraisals had been made without the undergrounding; that the City had to meet Caltrans requirements for the project, etc. 7/22/92 Page 8 AGENDA ACTION TAKEN DMINISTRATIVE BUSINESS 6. Resolutions - Continued. RECESS: RECALL TO ORDER: Mayor Penna Left the Podium: e Motion to accept report, direct ,~-~ staff to draft an ordinance requiring mandatory retrofit at time of sale. ADMINISTRATIVE BUSINESS M/S Yee/Drago - To adopt the five Resolutions. RESOLUTION NO. 84-92 RESOLUTION NO. 85-92 RESOLUTION NO. 86-92 RESOLUTION NO. 87-92 RESOLUTION NO. 88-92 Carried by unanimous voice vote. Mayor Penna declared a recess at 9:45 p.m Mayor Penna recalled the meeting to order at 9:55 p.m., all Council was present. Mayor Penna left the podium due to a potential conflict of interest on Item No. 7 and did not participate in the discussion for vote. Director of Economic & Community Development Costello related: that staff had met with the property owners to address their concerns on retrofitting the URM buildings; there were financing concerns because funding was not available; that there would be funding available when the property came up for sale; that the people did not want this recorded on their deed; problems with handicap requirements in retrofitting; having a meeting with the owners before the ordinance was developed; that there were redevelopment funds available for the residential units; that the Metro Hotel has begun retrofitting; concern over funds for the two City building to be retrofitted; Council needed to direct staff to develop the ordinance by 10/1/92, address the handicapped issue, meet with the property owners, and come back to Council. Vice Mayor Teglia stated that the staff 7/22/92 Page 9 AGENDA ACTION TAKE. N 228 '--'~DMINISTRATIVE BUSINESS 7. Motion - Continued. ADMINISTRATIVE BUSINESS report says the retrofitting had to be done at the time of sale, and questioned how that would affect an inheritance. Director of Economic & Community Development Costello stated that the ordinance would have to be precise and exempt inheritances. Mr. A1 Asker, 7031~ Linden Ave., stated that staff and the property owners were at a harmonious interchange and accomplishing a lot; and he wanted to personally supported the staff report generally speaking. He stated that he looked forward to meeting with staff on the draft of the ordinance. He stated that a transfer of property as the result of a death did not produce money for retrofitting, and spoke of a bill that addressed that issue in Sacramento wherein only a transfer that generates consideration between parties triggers retrofitting. He stated that they were not concerned about the issue of safety because they lived in the buildings, but were con- cerned about the economics of retro- fitting. Mr. Eric Gavidia, 511 Miller Ave., stated that he was representing Mexico Tipico Restaurant. He stated that the option of transfer of property was really not the solution to the problem of retrofitting the buildings, but only delays the inevi- table. He stated that they still needed funding, and the handicapped issue created hardships for the owners by increased costs. He stated that he would like to explore rezoning, and call other cities to find out what approach they were taking because the problems had not been solved. He stated that staff and the owners need to continue meeting for updates. He questioned when the City was going to retrofit their buildings. 7/22/92 Page 10 AGENDA ACTION TAKEN - -DMINISTRATIVE BUSINESS 7. Motion - Continued. 8. Motion to establish a City Council Hot Line. ~/5~J "29 ADMINISTRATIVE BUSINESS Vice Mayor Teglia stated that it would be done when there was funding because it was a high priority on the capital impro- vement projects. Discussion followed: concern over what planning regulations would allow on the sites in the downtown; whether some of the uses could be expanded. M/S Drago/Fernekes - To accept the report, direct staff to draft an ordi- nance requiring mandatory retrofit at time of sale, and meet with the owners. Councilman Yee stated that the solution may be a partial solution, and was con- cerned that this may not alleviate the intent which was to correct the defi- ciency of the building as soon as possible. He stated that the speakers were all concerned about the economics, and he wondered if the Council could do a little more than at the time of sale by it coming before the Council once a year for review, and satisfy whether we were moving forward on the retrofit. He stated that otherwise it is not going to get done quickly, so an action plan had to be made so when we get to that point there is a goal rather than just leave it as is and not get it done. He stated that unless the Motion was amended he could not vote for it. Carried by majority voice vote, Councilman Yee voted no. Vice Mayor Teglia stated that staff should also investigate an action plan. Assistant City Manager Martel stated that a Councilmember had requested this item, and a three minute voice mail line could be installed that would store up 30 messages in a 14 day period which Council could retrieve at will; and staff could investigate. She stated that if 30 7/22/92 Page 11 AGENDA ACTION TAKEN ....... 3MINISTRATIVE BUSINESS ~. Motion - Continued. PUBLIC HEARINGS Public Hearing - 1991 Edition of ~1~ the Uniform Administrative Code; Conduct Public Hearing; adopt resolution of findings; adopt ordinance. A RESOLUTION FINDING AND DETERMIN- ING THE NEED FOR CHANGES OR MODIFI- CATIONS TO THE UNIFORM ADMINIS- TRATIVE CODE, 1991 EDITION AN ORDINANCE AMENDING CHAPTER 15.06 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION AND TO REPEAL THE UNIFORM ADMINISTRATIVE CODE, 1988 EDITION 10. Public Hearing - 1991 Edition of ~'~l& the Uniform Building Code and .~'1~? Building Code Standards; Conduct ADMINISTRATIVE BUSINESS messages were not sufficient the number could be doubled, and staff would use a teletype notice of calls received. She stated it could be installed and tried for 90 days to see if the 30 message unit was sufficient. Councilman Yee questioned if they could retrieve the messages at any time with a secret code. Assistant City Manager Martel replied that it could, and the messages would stay until erased, and a written report of the calls would be summarized on Friday and on Monday for Council. Councilman Yee suggested that the hot line number be put on Cable or in the newspaper for the residents. M/S Yee/Teglia - To establish a City Council Hot Line. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Penna opened the Public Hearings on Items 9 through 15. Director of Economic & Community Development Costello stated that there were new editions of the Codes every three years, and even though there were not a lot of changes the Council needed to readopt previous City restrictions, and delete ones that now were in the Codes. She stated that there were no fee changes as a result of this action. Mayor Penna invited those wishing to speak for or against the items to step to the dais - no one did, and he closed the seven Public Hearings. Councilman Drago cited the following con- cerns: why a neighborhood blight was 7/22/92 Page 12 AGENDA ACTION TAKEN --UBLIC HEARINGS O. Public Hearing - Continued. Public Hearing; adopt resolution of findings; adopt ordinance. A RESOLUTION FINDING AND DETERMIN- ING THE NEED FOR CHANGES OR MODIFI- CATIONS TO THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1991 EDITION 11. AN ORDINANCE AMENDING CHAPTER 15.08 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1991 EDITION AND TO REPEAL THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS 1988 EDITION Public Hearing - 1990 Edition of the National Electrical Code with~/~7 related amendments; Conduct Public Hearing; adopt resolution of findings; adopt ordinance. A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE, 1990 EDITION 12. AN ORDINANCE AMENDING CHAPTER 15.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRICAL CODE, 1990 EDITION AND TO REPEAL THE NATIONAL ELECTRICAL CODE, 1987 EDITION Public Hearing - 1991 Edition of the Uniform Housing Code with related amendments; Conduct Public Hearing; adopt resolution; adopt ordinance. A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM HOUSING CODE, 1991 EDITION PUBLIC HEARINGS allowed on Hillside and Linden from a remodeling scaffolding; three year remo- deling job on upper Arroyo; why allow wood shake roofs; why tolerate dry grass and weeds that are a fire hazard; why adopt Codes when they are not enforced; why was there not stricter enforcement of the Codes. Mayor Penna spoke of a house that had been vacant and derelict for six years without any citations being issued, and yet tonight there was a vehicle abatement brought forward to Council. He stated that he wanted a study session to address enforcement issues. M/S Drago/Fernekes - To adopt the Resolutions on Items 9 through 15. RESOLUTION NO. 89-92 RESOLUTION NO. 90-92 RESOLUTION NO. 91-92 RESOLUTION NO. 92-92 RESOLUTION NO. 93-92 RESOLUTION NO. 94-92 RESOLUTION NO. 95-92 Carried by unanimous voice vote. M/S Drago/Fernekes - To adopt Ordinances on Items 9 through 15. ORDINANCE NO. 1116-92 ORDINANCE NO. 1117-92 ORDINANCE NO. 1118-92 ORDINANCE NO. 1119-92 ORDINANCE NO. 1120-92 7/22/92 Page 13 AGENDA ACTION TAKEN F--UBLIC HEARINGS 2. Public Hearing - Continued. 13. AN ORDINANCE AMENDING CHAPTER 15.10 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1991 EDITION, AND TO REPEAL THE UNIFORM HOUSING CODE, 1988 EDITION Public Hearing - 1991 Edition of the Uniform Mechanical Code with related amendments; Conduct Public Hearing; adopt resolution; adopt ordinance. A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM MECHANICAL CODE, 1991 EDITION AN ORDINANCE AMENDING CHAPTER 15.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE INCLUDING APPENDIX B, 1991 EDITION AND TO REPEAL THE UNIFORM MECHANICAL CODE, 1988 EDITION 14. Public Hearing - 1991 Edition of the Uniform Plumbing Code with .~/~ related amendments; Conduct Public Hearing; adopt resolution; adopt ordinance. A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM PLUMBING CODE, 1991 EDITION 15. AN ORDINANCE AMENDING CHAPTER 15.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1991 EDITION, AND TO REPEAL THE UNIFORM PLUMBING CODE, 1988 EDITION Public Hearing - 1991 Edition of the Uniform Fire Code; Conduct Public Hearing; adopt resolution; PUBLIC HEARINGS ORDINANCE NO. 1121-92 ORDINANCE NO. 1122-92 Carried by unanimous voice vote. 7/22/92 Page 14 AGENDA ACTION TAKEN '--UBL IC HEARINGS _5. Public Hearing - Continued. adopt ordinance. A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM FIRE CODE, 1991 EDITION AN ORDINANCE AMENDING CHAPTER 15.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1991 EDITION AND TO REPEAL THE UNIFORM FIRE CODE, 1988 EDITION 16. Public Hearing - To consider the ~l? proposed implementation of certain fees and service charges for ser- vices provided the public by amending the Master Fee Schedule for building fees; Open Public Hearing, and continue. A RESOLUTION AMENDING THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO ITEMS FROM COUNCIL 17. Consideration of position regarding Senate Bill 226. ~/~ PUBLIC HEARINGS Mayor Penna opened the Public Hearing. Director of Economic & Community Development Costello stated that staff had met with Standard Builders and repre- sentatives of the Planning Commission and had found that the whole issue of model homes should be looked at rather than have repetitive plan checking for the whole project. She stated that they were under charging for the model homes and trying to regroup on the plan checking, and needed to look at the whole process, as well as energy fees. She spoke of meetings with local contractors wherein there had been support for the fees, but staff wanted the item continued to gather more information for a fall Council meeting. Consensus of Council - To continue the Public Hearing to the fall. ITEMS FROM COUNCIL City Manager Armas stated that he gave the Council a copy of SB 226 as amended in the Senate Ways and Means Committee, and the difference was the deletion of reference to an obligation for State mandated program reimbursement which Senator Kopp had revised. He stated 7/22/92 Page 15 AGENDA ACTION TAKEN ~'EMS FROM COUNCIL .. Consideration of position regarding Senate Bill 226 - Continued. 234 ITEMS FROM COUNCIL that it had to go back to the full Senate and acted on by August to go to the Governor. Discussion followed: that the Bill read that the State would not be responsible for the cost; that the Bill indicates that the Airport presumably has the funds to met the obligations. Ms. Karyl Matsumoto, Aide to Senator Kopp, asked for Council support of SB 226 because it cures two problems: that the Airport comply with the congestion mana- gement plan; and establish funding by the Airport. She stated that she had attended a C/CAG meeting wherein they expressed concern that the Airport had no intention to comply with the management congestion plan even though they are the major source of the congestion. She spoke at length: the Airport not attending the C/CAG meetings after being invited; that the Airport proposals were never put in writing and are draft negotiations; that the Airport's master plan would offer further congestion and there were not mitigation plans offered for the environ- ment or for the impacts on cities or the Bayshore; that SB 226 offered assurance on addressing these problems. Mr. Joseph Kondor, 103 Escanyo Dr., stated that he had lived here for many years and had seen the Airport's promises come to naught. He stated that Airplane noise created stress, tension, and health problems. He stated that his wife died at age 57 from cancer, and he had eardrum problems from the noise that with airpla- nes flying over his home every few seconds the ear could not heal. He suggested that the City Council sue the Airport for non-compliance, and try to get BART to come through to S.S.F. He stated that otherwise the Airport would 7/22/92 Page 16 AGENDA ACTION TAKEN ~TEMS FROM COUNCIL .7. Consideration of position regarding Senate Bill 226. ITEMS FROM COUNCIL get the expansion, and the people would get the pain from the airplane noise. He complained that the meeting started at 7:30 p.m., and now at 11:00 p.m. this item is being heard which he felt was a detriment to residents attending meetings. Mr. Lou Dell'Angela stated that he strongly support SB 226 and felt the Senator should be commended because it was all positive. He related: that the expansion will add greatly to traffic problems; he had attended a meeting and had heard a draft from Mr. Turpen that did not offer any mitigation measures; Bill requires Airport to pay $20,000,000 by year 2000 for insulation; Airport has only paid for 500 homes in 10 years for insulation; City needs to protect itself; don't be threatened by a reduced noise map; if the Bill passes and FAA doesn't pay for insulation - Airport must, etc. Mayor Penna was concerned that the City did not have it under control and had a serious problem with the Airport expan- sion and its noise and traffic impacts on the community by the increased flights. He stated that there would be gridlock from Belmont to the Bay Bridge during the commute hours, etc. He stated that he believed that SB 226 was an insurance policy for this City that the Airport acts in good faith, because the City did not have a means to deal with them other than to sue them, and that must be done with the other cities - which would not be cheap. Vice Mayor Teglia stated that the City had sued the Airport, and this City had gotten to the Airport more than any City had, but the Airport is in the position to litigate with us for years on end. She felt that the only thing suing the Airport would do is to give the City a 7/22/92 Page 17 A G E N DA A C T I O N TAK E..N 236 -EMS FROM COUNCIL '. Consideration - Continued. ITEMS FROM COUNCIL bill. She stated that C/CAG was not interested in participating, and nego- tiations were taking place. She stated that part of the Bill is good, and addresses something that the legisla- tors should have thought about because the Airport slipped through with the congestion management plan. She stated that the County had exempted the Airport from the plan. She stated that the part of the Bill that speaks to the Airport has merit, and the part on noise does not otherwise she could support it because it was a risk, not an insurance. She stated that the Ad Hoc Committee was created to negotiate with the Airport with respect to getting their agreement on significant impacts with the Airport expansion. She related progress thus far on the noise, etc. She spoke at length: the 1983 base line map that was the basis for federal com- patability projects that was certified; Airport has chosen to amend the map; Airport was willing to commit to $60 million and up to $120 million and required applications for all cities together and would guarantee funds even without FAA funds; were also negotiating for elderly or ill people who want to pay up front providing they are reimbursed; Airport willing to set up for relief program and leave 1983 map in place; SB 226 could hang this up for years; recommend taking variance issued by Caltrans and its conditions; feels can reach stipulated agreements for insulation for all homes in 65 CNEL by year 2000; Airport agreed to address single event noises, etc. Councilman Drago did not see how this could jeopardize anything, and felt this Bill was bringing the Airport to the table; and is telling Airport they are not above the people. He felt it would 7/22/92 Page 18 AGENDA .... 'EMS FROM COUNCIL ~. Consideration - Continued. ACTION TAKEN .37 ITEMS FROM COUNCIL be an injustice to the people for Council to ignore and walk away from the Bill. Councilman Fernekes stated that he did not think the Council was walking away but should be silent, and wait until nego- tiations are finish for the goal is to insulate homes. Councilman Drago stated that the Airport was going to have flights every two minu- tes - we have the $10 million in hand - and should vote no or yes and not walk away for anything else shows weakness. He stated that he had asked for something in writting from Mr. Turpen - and there is nothing; and the City had been fighting the Airport for years. He questioned who had selected the C/CAG members. Vice Mayor Teglia stated that they had selected Councilmembers with noise experience. Mayor Penna related: that the Bill is part of a variance for the Airport to operate and insulate homes; Bill puts pressure on Airport to go to the table; that Roberta's committee serves only as a ad hoc committee; Atlanta Airport has insulated 6,000 homes, as well as buying homes impacted by noise. Mr. Dell'Angela stated that Mr. Turpen's draft letter says that he is going for a new map. Mayor Penna read excerpts from Mr. Turpen draft letter: there was no information from the secret little ad hoc group, and the Airport is only at the table for their variance; that the Bill gave leverage to this City, etc. Councilman Yee stated that he had studied this issue carefully and understood the concern over noise and traffic. He 7/22/92 Page 19 AGENDA ACTION TAKEN -'-FEMS FROM COUNCIL 1. Consideration - Continued. 18. Oral Committee reports. GOOD AND WELFARE ITEMS FROM COUNCIL stated that the issue was the bill - either to support it or not, and not just postpone it for something that may never take place. M/S Drago/Yee - To support Senate Bill 226. Carried by majority voice vote, Councilmembers Fernekes and Teglia voted no, Councilman Yee questioned what had hap- pened to the report on the weed abatement program in relation to fire. He stated that in the past there had been survey to rate different department ser- vices and wanted to have a session to talk about that and Council goals. Councilman Drago questioned the article in the newspaper about lighting up Sign Hill and whether it had been discussed by the Historic Preservation Commission, because it had not come to Council. He stated that last week the newspaper had discussed the City scaling down the Orange Park Project, and wondered where the information was coming from. City Manager Armas stated that the Downtown Merchants were talking to PG&E to light up Sign Hill. Vice Mayor Teglia stated that she had negative reactions from residents on lighting Sign Hill. GOOD AND WELFARE Mr. Maurice Brosnan stated that he had building plans that were being held up because of th~ Codes adopted last year. He asked that any plans that were already in be accepted because he was in a catch 22 position. He stated that when he got the plans updated to the new Codes last year he was then tied up with garage 7/22/92 Page 20 AGENDA ACTION TAKE~N £39 IOD AND WELFARE GOOD AND WELFARE parking plus other items that could hold up his project because he was at the end of the extension. Mayor Penna stated that Mr. Brosnan's project had been going on for ten years because of having to build a tennis court over a garage structure and other things. Mr. Brosnan stated that he had recently had all of the plans done to the satis- faction of staff, and now there was a new one for disabled. He stated that he could not put in a ramp for the disabled because it was not in the plans. He stated that if he could not get a permit for the tennis court, which holds up cer- tain buildings, it would delay the pro- ject when he was at the last of the extension and there had been three plan check fees by three different departments who had changed them. Councilman Yee felt that staff should work with Mr. Brosnan and come back to Council if there is a problem. Mr. Brosnan stated that he had a sewer that was installed twelve years ago, the way it was drawn up, and now we find it is not sufficient, but is sufficient according to the Engineering Dept. because the Building Div. and the Engineering Dept. figure sewers in a dif- ferent manner. Mayor Penna suggested that Mr. Brosnan submit the matter to the City Manager so Council would be aware of your problem, and staff could work out the problem. Mr. Brosnan stated that he had been working with staff for three years to work out the problem. Councilman Drago stated that the ordi- nances adopted tonight do not take effect for 30 days, so within the 30 days the 7/22/92 Page 21 AGENDA ACTION TAKEN ---GOOD AND WELFARE CLOSED SESSION 19. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT GOOD AND WELFARE matter could be ironed out. CLOSED SESSION Council adjourned to a Closed Session at 12:12 a.m. to determine whether to ini- itiate litigation C/CAG pursuant to GC 54956.9(c), and update on C/CAG's discussion on litigation with the S.F. International Airport; and labor rela- tions concerning AFSCME pursuant to GC 54957.6. M/S Drago/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:44 a.m. ._..RESPECTFULLY SUBMITTED, 3arbara A. Battaya, CityJ~erk City of South San Francisco · nn n °rancht~ 1 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. 7/22/92 Page 22