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HomeMy WebLinkAboutMinutes 1993-05-12Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes 'John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room May 12, 1993 142_ CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Proclamation - Historic Preservation Week May 9-15, --993 .5't~q '7 Proclamation - Honoring South San Francisco Volunteers Proclamation - National Letter Carrier's Food Drive Day May 15, 1993 AGENDA REVIEW ORAL COMMUNICATIONS ACTION TAKEN 7:56 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Yee, and Teglia. None. The Pledge was recited. A moment of silence was observed. PRESENTATIONS Councilman Drago read the Proclamation aloud and presented it to Historic Preservation Commissioner Zemke. Mayor Teglia read the Proclamation aloud and presented it to Library Boardmember Kee after commending her and others on their volunteer efforts for recreation and the libraries. Councilman Penna read the Proclamation aloud and presented it to Letter Carrier Rita L. Gorden. AGENDA REVIEW Interim City Manager Mattel stated there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. David O'Compo stated that the B'nai Brith faith teaches racial unity and the oneness of humanity being recognized for world peace and left flyers for the citizenry to alert them of these efforts. Mr. Lou Dell'Angela, 460 Gardenside, stated that he was President of the Coalition of Airport Neighbors which is involved in the monitoring and mitigation of noise from the Airport, and spoke of 5/12/93 Page 1 AGENDA ORAL COMMUNICATIONS 5/12/93 Page 2 ACTIQN TAKEN . 143 ORAL COMMUNICATIONS two important legislative bills, SB629 and SB245. He stated that SB245 forces or requires the Airport to comply with the management plan and address traffic congestion whether on-site or off-site. He stated that the second bill requires funding of a mini- mum of $4,000,000 a year be provided to all homes in the 60 CNEL for insulation by the year 2000. He stated that if the FAA does not come up with the balance, the Airport must - which the existing MOU doesn't do. He continued in-depth: he had testified in April as President of CAN with Brad Kirwin of Brisbane; both bills had passed the Transportation Committee; C/CAG had endorsed SB245; the bills were impor- tant to support; S.S.F. had not been active in this effort, and he wanted the Council to go to Sacra- mento in support of the bills being enacted and signed by the Governor; that the MOU only says that the Airport will provide up to $120,000,000, yet that amount could only be $1,000.00 for there was no guaranty or deadline for the funds; Senator Kopp's bills provide the guarantees, and that was why it was important for the Council to stand up and support the bills by going to Sacramento and speaking up on traffic and noise insulation. Mayor Teglia commented: she was part of the negotiating team that had come up with a view that Mr. Dell'Angela's group didn't like; the dictates are going to be brought out in Court; the MOU did have a guarantee and they knew where the money is coming from - not out of existing funds, but out of bonding for the project; the $120,000,000 guaran- tees that should the FAA not come up with money, the money is there, etc. Discussion followed: Mr. Dell'Angela felt the legis- lation would stand up in Court and the money would be there because the agreement was not enforceable; he felt the City was being given $10,000,000 in exchange for restricting housing east of the freeway; this was the first time the Mayor had heard that the agreement was not enforceable when there had been a lot of attorneys available; she felt that this City had the most homes to be insulated and had the most to lose, while other cities had other problems, etc. AGENDA ACTION TAKEN - 144 .ORAL COMMUNICA-TIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 4/14/93, Adjourned Regular Meeting of 4/21/92, Special Meeting of 4/28/93. 2. Motion to confirm expense claims of 5/12/93. Resolution awarding construction contract to O'Reilly and Faina Glass Co., Inc. in the amount of $8,970.00 as the lowest responsible bidder for the Municipal services Building Open Room Enclosure. ~o ~ A RESOLUTION OF AWARD OF CONTRACT FOR THE OPEN ROOM OF THE ATRIUM OF THE MUNICIPAL SERVICES BUILDING Resolution approving budget recommendations from the Downtown Citizens Review Committee for Chantal Wedding Center and the Bertolucci Building. A RESOLUTION APPROVING BUDGET RECOM- MENDATION FOR CHANTAL WEDDING CEN- TER AND THE BERTOLUCCI BUILDING IN THE DOWNTOWN COMMERCIAL REHABILITATION PROGRAM Motion to adopt an ordinance rezoning 830 Tennis Drive from Open Space to R-1-E. 5'1 ~ 7 .5o~q AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO REZONING A 0.38 ACRE PARCEL AT 830 TENNIS DRIVE FROM OPEN SPACE TO R-1-E Resolution electing the City's 2% pass-through of tax revenue generated in the El Camino Corridor Rede- velopment Project Area for the 40-year life of the Redevelopment Plan. 50 ORAL COMMUNICATIONS Councilman Drago felt that an item brought up under Oral Communications should not be discussed by the Council until it has been put on an agenda for full discussion of the Council. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,430,365.42. RESOLUTION NO. 53-93 RESOLUTION NO. 54-93 ORDINANCE NO. 1128-93 5/12/93 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continu~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ELECT- ING TAX INCREMENT PASS-THROUGH ADMINISTRATIVE BUSINESS Motion to approve the proposed Linear Park in con- junction with the Orange Memorial park Expansion project and authorize the preparation of construction documents. 5'00b CONSENT CALENDAR RESOLUTION NO. 55-93 M/S Fernekes/Drago - To adopt the Consent Calen- dar. Carried by unanimous voice vote with the exception of Item No. 6 which was carried by majority voice vote with Councilman Penna and Mayor Teglia abstaining. ADMINISTRATIVE BUSINESS Director of Parks, Recreation and Community Ser- vices Nagel stated that no action had been taken at a previous meeting on the proposed linear park after discussion on access, the design, and whether to pay the mount now for the construction documents due to the limited dollars available for the overall pro- ject. He stated that he brought it back to Council after talking to the consultants who indicated that develop- ment of the construction documents could be com- pleted in a short time prior to going out to bid on the project in May, 1994. He continued, in the interim we could meet with the Project Advisory Committee, Council Subcommittee, and work out the design and the details. He recommended that they approve the proposed linear park in conjunction with the Orange Memorial Park Expansion Project. Councilman Yee stated that it was his intention to see this postponed to a later date for the cost savings and also to incorporate Kaiser's future plans for the Atkinson property it is taking over. He stated that the linear park was separate from the expansion and could be done at any time, so there was no hurry other than the cost savings which is 5% of $30,000 or $1,500.00. He stated that he did not understand why the City should spend $30,000 to save $1,500.00 when we might spend more than that to meet the Kaiser plan because this was not a com- plicated path - it was just a logging path. 5/12/93 Page 4 AGENDA ACTION TAKEN . 146 ADMINISTRATIVE BUSINESS 7. Motion - Continued. Resolution appointing a Relocation Appeals Board to hear concerns related to relocation activities by the Redevelopment Agency and to determine if the Agency has complied with applicable laws and regu- lations. .fftg~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AP- POINTING A RELOCATION APPEALS BOARD ADMINISTRATIVE BUSINESS He stated that he did not understand why staff was in such a hurry to spend $30,000, and yet staff is trying to save money for the budget. He stated that he would put the $30,000 in the bank and handle the path later. Mayor Teglia stated that with respect to the plan and Kaiser this is not on the Colma Creek side, and she would support putting the linear park in. MIS Yee/Drago - To reject the proposed Linear Park in conjunction with the Orange Memorial Park Expansion Project. Motion and Second failed by the majority roll call vote of Councilmembers Fernekes, Penna, and Teglia voting no. MIS Fernekes/Penna - To approve the proposed Linear Park in conjunction with the Orange Memo- rial Park Expansion project and authorize the prepa- ration of construction documents. Carried by majority roll call vote, Councilmembers Drago and Yee voted no. Mayor Teglia stated that due to a conflict of interest she would not take part in the vote or discussion on this item. City Attorney O'Toole stated that Councilman Penna should abstain on this item as part of the creation of this Board. Economic & Community Development Coordinator McCue stated that adoption of the resolution would appoint the Planning Commission as the Relocation Appeals Board to hear concerns from residents related to relocation activities by the Redevelopment Agency and to determine if the Agency has eom- plied with applicable laws and regulations. She proceeded to give background information on California Redevelopment Law requirements, etc. Discussion followed: concern about the Commission being so close to reviewing these activities and whether they should be appointed; tenants had to be relocated and there would be appeals to be heard; 5/12/93 Page 5 AGENDA ACTION TAKEN . 147 ADMINISTRATIVE BUSINESS I. Resolution - Continued. Informational report on possible ways in which du- plex units could be made available for individual sale. ADMINISTRATIVE BUSINESS Councilman Drago would rather have a Board ap- pointed separate from the City, etc. MIS Drago/Yee - To adopt the Resolution. RESOLUTION NO. 56-93 Carried by majority voice vote, Councilmembers Penna and Teglia abstained. Councilman Penna questioned if he had a problem with this item because he was a realtor. City Attorney O'Toole stated that he did not because it was just an informational report. Interim Director of Economic & Community Devel- opment Solomon stated that at a recent meeting a real estate broker advised the Council of marketing difficulties in selling duplex properties and wanted to sell individual duplex units. He stated that Council had directed staff to prepare this report regarding ways of allowing such sales. He stated that the report outlines three alternataives: currently available methods, two unit condomini- ums, and a reduced lot size/lot split alternative. He related that condominium and lot split alternatives require amendments to City codes while the cur- rently available methods require no further action by the City. He spoke in-depth about the staff report. Discussion followed: protecting rental stock; a minimum lot size of 5,000 they want split to 2,500 sq. ft. which was not applicable for lanes and visible neighborhood character; condo approach but that applies to units built but not yet occupied; could not be converted if rental stock is less than 2%; Coun- cilman Penna noted there were many lots with two units and felt that if the property was split it would give more incentives; units on R-2 lots are built to different standards; the 5% figure represents a healthy mix because there was not a survey of rental stock; current rental stock was considered to be 2.9%, etc. Mr. Paul McGregor, 535 Baden Ave., stated he had built two brand new single family homes on Baden with separate meters that met all set backs for R-3 5/12/93 Page 6 AGENDA A~TION TAKEN ._ADMINISTRATIVE BUSINESS 9. Report - Continued. 5/12/93 Page 7 148 ADMINISTRATIVE BUSINESS lots. He stated that people could not afford to buy both homes and wanted the City to allow him to split the lot. Mr. Jim Moorhatch stated that he was involved with Mr. McGregor and would prefer the City allow them to split the lot because otherwise it was an unmarketable product. He stated he felt that many rentals had not been counted. Mr. Dino Sidaris stated that he had a duplex 537 Miller Ave. and had just finished improving a run- down house and bringing it up to Code, and was having the same problem as the other gentlemen. Mr. Bennet Gussoni, 1505 Drake Ave., Burlingame, stated that he had been trying to sell two older homes and felt if allowed to split the lot they would be easier to sell. Mayor Teglia noted that condos were common,ed where each owns equally the grounds. Mr. Leo Quiriconi, 728 3rd Lane, stated that he had two older homes on his lot, and in the event of he or his wife's death he wanted to sell one if allowed to split the lot. Mr. Fernando Levin, Century 21, stated this created stagnation at best and limited growth and unless they were allowed to split the lots it was a "no win" situation. Mr. Aurelia Gonzales stated that he had a petition of 25 names from the people on Grand/Baden in a R-2 Zone where properties have run down and are being rented, however, if they were allowed to be condoized these could be improved. He stated that people need powerful economic incentives to im- prove their property. He stated that the City had to make a choice - blindly follow the 5% or allow condos. He stated that he represented Mr. McGregor and Mr. Martin who finished their con- dos in 1990 and still cannot sell them. Mr. Lou Dell'Angela stated that he was shocked at the amount of research done on this report as a freebie when he thought of what people had to pay for a simple home owner application. He felt that AGENDA AC!!Q_N TAKEN . 149 ADMINISTRATIVE BUSINESS ). Report - Contiued. _.LEGISLATIVE BUSINESS [). Motion to waive reading and introduce ordinance prohibiting smoking in South San Francisco City facilities. ADMINISTRATIVE BUSINESS the condo recommendation was ridiculous because yOU won't have maintenance. He did not think that a 5 % rental occupancy rate was ridiculous in view of the economic times. He felt that the report was trying to correct something that is a sign of the times. He felt that a report like this should be compensated for by having a study session at the Planning Com- mission level, and don't turn these around just be- cause they can't sell some duplexes. He stated that he did not believe lot splits were good ideas either. He stated that when you have two units and two decision makers there is a deadlock over a source of revenue for maintenance. He felt that the Council should do something about the Design Review Board, staff's attitude, and streamlining the building process. He questioned how much was spent on the report. Interim Director of Economic & Community Devel- opment Solomon stated the amount spent was $2,500.00. Councilman Penna related that he was not in favor if it meant only new construction but to allow it across the board to preserve the stock and have homes be built up. He stated that San Francisco is allowing anything down to two units in conversions and their only concern is how the property gets maintained - through enforcement such as DCC&Rs. Discussion followed: condos set by State and asso- ciations were set up; neighbor could foreclose on neighbor; associations cover common areas; can split lots but cannot have maintenance agreements; Councilman Drago was against any splitting of lots, but for condos down to two; Vice Mayor Fernekes agreed; Mayor Teglia opposed to lot splits, etc. Consensus of Council - Send the item to the Plan- ning Commission and contact speakers for input. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. 5/12/93 Page 8 A~ENDA ACIIQN TAKEN . 150 LEGISLATIVE BUSINESS 0. Motion - Continued. AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING CHAP- TER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE REGU- LATION OF SMOKING PUBLIC HEARINGS 11. Public Hearing - Appeal by Tony Khorozian of Use Permit and environmental determination of same to allow a retail/wholesale store offering groceries and janitorial items in the Brentwood Shopping Center at 249 Kenwood Way in the C-1 Zone District, Case No. UP-92-917, Negative Declaration No. 739 Ap- plicant: Smart & Final, Owner: Brentwood Holding Co.; Public Hearing closed on 4/28/93; Motion to uphold decision of the Planning Commission to (a) approve Negative Declaration No. 739 and (b) ap- prove UP-92-917 subject to the adopted conditions of approval and based on the findings. LEGISLATIVE BUSINESS City Attorney O'Toole stated that the ordinance had been rewritten to include a ban on smoking in all City vehicles. Councilman Penna stated that the Subcommittee had met with the Chamber of Commerce and with their willingness were going forward with a 100% ban on smoking in the City which includes all restaurants and bars. M/S Penna/Fernekes - To waive reading and intro- duce the ordinance. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Teglia stated that the Public Hearing had been closed at the last meeting and all testimony had been heard. Vice Mayor Fernekes stated that he had reviewed the meeting tapes and staff reports and was prepared to vote on the item. Discussion followed: change from two hour parking to one hour, which the Brentwood Lodge was un- happy with; merchants had asked for the change, staff did it and the merchants did not like it, how- ever, if they want it changed they have to pay for it; Smart & Final wanted a two hour limit; staff will work with the merchants; short term parking did not accommodate the Bowling Alley's needs; what type of business could go into the building now leased to Ramm's Furniture; owner could modify building and put in small retail shops; much discussion on traffic congestion, pedestrian safety and Councilman Yee wondered what could be done to minimize the prob- lem; he suggested making Hazelwood one-way, Developer putting a right turn lane on El Camino Real and close off Kenwood to traffic as part of their use permit. M/S Yee/Drago - To reject the appeal, the Applicant must comply with the conditions and staff should add a curb cut to facilitate the fork lift. 5/12/93 Page 9 AGENDA ACTION TAKEN 15i PUBLIC HEARINGS 1. Public Hearing - Continued. (Cassette No. 2) 12. Public Hearing - Proposed Statement of Objectives and Projected use of Community Development Block Grant Funds for Fiscal Year 1993-94; Conduct Pub- lic Hearing; Resolution approving Statement. A RESOLUTION APPROVING AND AUTHORIZ- ING THE SUBMITTAL OF THE STATEMENT OF OBJECTIVES AND PROJECTED USE OF COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1993-94 PUBLIC HEARINGS Carried by majority voice vote, Councilmembers Fernekes and Teglia voted no. Discussion followed: whether the Applicant could fulfill the conditions; suggest Applicant explore street improvements and come back; have traffic engineer look at it and have a hearing, then come back to Council in two months. Mr. Mathew Heslin stated he would be happy to look at it because he believed it would relieve traffic, and asked that staff be directed to help get it done. Discussion followed: what about the public hearing process; the problem is time - so the Developer doesn't spend time and money when staff could shorten the time; Vice Mayor Fernekes felt there was a problem with any tenant and wanted to send it back to the Planning Commission before adding conditions; that it made sense to close the street; if the Council denied the project without prejudice they can come up with a report; to have the Applicant ask that it be waived; time was running out for the Applicant because they were six months behind and will lose their contract with another delay, but would contribute to the study; Developer agreed to implement the study; Developer left to telephone his people and came back in agreement with the condi- tions as time allowed, etc. Mayor Teglia opened the Public Hearing. Community Development Block Grant Coordinator Fragoso stated that the two Public Hearings were to give Council the allocations, hear eom- ments and adopt the resolution approving the state- ment of objectives and projected use of CDBG funds for Fiscal Year 1993-94. Ms. Irene Pappan, 440 Green Hills Dr., Millbrae stated that funding for John's Closet had not been recommended and she spoke of the need for clothing for children that her organization met and asked the Council to fund the $2,000 request. Ms. P. J. Magik, CID, thanked the Council for their continued funding. 5/12/93 Page 10 AGENDA ACTION TAKEN PUBLIC HEARINGS 2. Public Hearing - Continued. ITEMS FROM COUNCIL 13. Oral Committee Reports GOOD AND WELFARE CLOSED SESSION 14. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. 15. Motion to adjourn the meeting to Wednesday, 5/19/93, 7:00 p.m., City Council Conference Room, City Hall, for a study session on the 1993-94 Budget, _ and a Closed Session pursuant to Government Code. DJOURNMENT: PUBLIC HEARINGS Discussion followed: whether the organizations had been informed of the staff recommendations on funding before the meeting; they had been informed; funding to Friends to Parents; to take $2,000 from Legal Aid and give to John's Closet. Consensus of Council - To take $2,000 from Legal Aid and give to John's Closet. M/S Fernekes/Drago - To adopt the Resolution. RESOLUTION NO. 57-93 Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Drago spoke of Samtrans' nine year plan and route structure and wanted planning to work with them for a viable program. Mayor Teglia stated that she and Mr. Yee met with some members of staff on the budget, but were not ready for a meeting on 5/19/93 with the full Coun- cil. Councilman Drago felt the Council should have a budget meeting of their own because he was not happy with the same 7-1/2%, 10% and 15% still coming back. GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Council chose not to hold a Closed Session. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:20 p.m. 5/12/93 Page 11 AGENDA ACTION TAKEN .... [~SPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. 153 The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, 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. 5/12/93 Page 12