Loading...
HomeMy WebLinkAboutMinutes 1993-05-26 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes .... 'John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room May 26, 1993 154 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: AGENDA REVIEW '---~terim City Manager Martel Requested: Remove Item//7 to a future date. ORAL COMMUNICATIONS COMMUNITY FORUM ACTION TAKEN 7:56 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Yee, and Teglia. Penna. The Pledge was recited. Rev. Haney, St. Veronica's Church, gave the invo- cation. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Mayor Teglia made announcements: "Genentech Goes to Town" on 6/16-25/93 where gift certificates would be given to their employees for local busi- nesses; there would be a public forum on 6/10/93 for a presentation on major care at Mills Hospital. CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 4/28/93, Adjourned Regular Meeting of 4/30/93, and Regular Meeting of 5/12/93. 2. Motion to confirm expense claims of 5126193. ~'0 I ~ Resolution approving plans and specifications and advertising for bids for the West Orange Library Renovation. CONSENT CALENDAR Approved. Approved in the amount of $1,369,835.29. Removed from the Consent Calendar for discussion by Councilman Yee. 5/26/93 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE WEST ORANGE LIBRARY RENOVATION PROJECT Resolution approving plans and specifications and advertising for bids for Willow Gardens Parks and Parkway Maintenance District Renovation. 5' 3~" A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE WILLOW GAR- DENS PARKS AND PARKWAYS MAINTENANCE DISTRICT RENOVATION 5. Resolution approving a Cooperation Agreement be- tween the City and the County of San Mateo for the purpose of continuing a Consortium required to re- ceive HOME funds under the National Affordable -- Housing Act. A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF A COOPERATION AGREEMENT BETWEEN SOUTH SAN FRAN- CISCO AND SAN MATEO COUNTY FOR THE PURPOSE OF CONTINUING A CONSORTIUM REQUIRED TO RECEIVE HOME FUNDS Resolution adopting the Annexation Tax-Sharing Agreement with San Mateo County for the McLellan property located in the El Camino Corridor Redevel- opment Project Area. A RESOLUTION APPROVING ANNEXATION TAX-SHARING AGREEMENT WITH SAN MATEO COUNTY FOR MCLELLAN PROPERTY Resolution approving plans and specifications and advertising for bids for the West Orange Library Renovation. CONSENT CALENDAR RESOLUTION NO. 58-93 RESOLUTION NO. 59-93 Removed from the Consent Calendar for discussion by Mayor Teglia. M/S Fernekes/Drago - To approve the Consent Calendar with the exception of Items 3 and 6. Carried by unanimous voice vote. City Engineer Van Dohren gave the staff report and described the work to be done. Council Yee stated that he and Mayor Teglia 5/26/93 Page 2 AGENDA Resolution - Continued. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE WEST ORANGE LIBRARY RENOVATION PROJECT _9~7 ~ 0 Resolution adopting the Annexation Tax-Sharing Agreement with San Mateo County for the McLellan property located in the El Camino Corridor Redevel- opment Project Area. .~'O ~a] A RESOLUTION APPROVING ANNEXATION TAX-SHARING AGREEMENT WITH SAN MATEO COUNTY FOR MCLELLAN PROPERTY ACTION TAKEN · 156 as a Subcommittee had made certain suggestions, yet they had still not seen the plans since the last meet- ing. He stated that he wanted the item held over until they could see those plans. City Librarian Dancy stated that the two concerns brought up by the Subcommittee had been addressed in the plans. Councilman Yee stated that he did not appreciate being appointed to a Subcommittee, being ignored, and having staff go forward and do whatever they want on the plans. Consensus of Council - To hold the item over. Director of Finance Margolis stated that the McLellan property was under County jurisdiction and a tax split was open to negotiation. She stated that the tax rates currently allocated to the County Library and Fire Departments will be transferred to the City upon annexation of the McLellan site to the City. Mr. Dell'Angela, 460 Gardenside, expressed his concerns: his reading of the agreement did not correspond to what the Finance Director said; felt 775 houses was a substantial number in density for this City; felt the City could get a better deal; if BART did not go through the City would be subject to high density with this agreement, etc. Director of Finance Margolis stated that this does not relate to additional increments and only deals with the 2 % and the base amount provided. Interim Director of Economic & Community Devel- opment Solomon stated that high density only came into play with BART, and the annexation would only be with the concurrence of the McLellans, etc. M/S Fernekes/Drago - To adopt the Resolution. RESOLUTION NO. 60-93 Carried by majority voice vote, Mayor Teglia ab- stained. 5/26/93 Page 3 AGENDA ADMINISTRATIVE BUSINESS Resolution approving the 1993-1994 South San Fran- cisco Conference Center Authority Budget. A RESOLUTION APPROVING THE 1993-1994 SOUTH SAN FRANCISCO CONFERENCE CEN- TER AUTHORITY BUDGET Resolution authorizing an Amendment No. 3 to the C/CAG Joint Powers Agreement for the Stormwater Management Program. 5t9~ 7 A RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO THE JOINT POWERS AGREEMENT ESTABLISHING THE CITY/COUNTY ASSOCIA- TION OF GOVERNMENTS ACTION TAKEN . 157 ADMINISTRATIVE BUSINESS Removed from the Agend~ under Agenda Review by the Interim City Manager. Councilman Yee left the podium at 8:18 p.m. and did not take part in the discussion or vote on this item. Director of Public Works Parini stated that this was a result of Federal and State mandates without fund- ing to carry them out. He stated that there would be a public information program which will be a joint effort by all cities to provide countywide education. He stated that there were 400 businesses that need this permit and in the first year of the plan they would work with the businesses to develop the standards. Councilman Drago questioned the need to go on a Countywide plan. Director of Public Works Parini stated that the Countywide cost for public education was $300,000 and this City's portion would be between $20,000- $30,000 for community forums. Mayor Teglia stated that this would be done by the County after we pay the fees, and there would be different standards than for the sanitary sewer sys- tem. Discussion followed: if the 400 businesses had been identified as dumping the pollutants; the 400 number was Countywide, and this City would have an indus- trial waste person go out and make tests and make lab tests. Councilman Drago commented that this was another layer of bureaucracy, and it appeared they would be heading for a parcel tax. He stated that the City could save $325,000 by putting it in but if we get committed to the program - where does the money come from. Discussion followed: $30,000-$40,000 a day for violations; City still had an obligation to submit a 5/26/93 Page 4 AGENDA ADMINISTRATIVE BUSINESS 3. Resolution - Continued. 5/26/93 Page 5 ACTION TAKEN ,. 158 ADMINISTRATIVE BUSINESS program for enforcement; staff was recommending a $1.50 parcel tax for every parcel per year for five years; this would be a user fee put on the parcels, but is was not considered a tax but was a user fee attached to the parcel; the details of the dissemina- tion of information had not been worked out yet; what was the local responsibility; suggestion to use storm water through the sewers; other tax being looked at was $25.00 for residences and $65.00 a year for all other sewer classes; having the same fee for all classes; there were 16,500 parcels in the City; another enterprise fund could be established, etc. Further discussion followed: timing needed for ordinance to set charges in place and put on tax roles for enterprise fund; City would then act on sewer rate each year as well as this charge; type of pollutants discharged into the system; need for catch basin and ditch cleaning programs; cleaning of Colma Creek; the standard was to sweep residential streets once a month; City could do nothing and ask for an extension if the law did not change; required to meet the Federal mandate by 7/1/93, County Managers have tried to get State legislators to inter- vene with the Water Quality Regional Control Board but to no avail; if the City did not do it they were risking the General Fund; City still did not have the Congestion Management Plan in place, etc. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 61-93 Councilman Drago voted no, Vice Mayor Fernekes and Mayor Teglia voted yes. City Attorney O'Toole stated that because there was a majority vote of the quorum voting yes, and the Motion passes. Mayor Teglia asked that the Council consider a $32.00 flat rate, go with the enterprise fund and so direct staff. Councilman Drago stated that he disagreed. Vice Mayor Fernekes disagreed with that fee structure and wanted a $25.00 per year resident rate AGENDA ADMINISTRATIVE BUSINESS 3. Resolution - Continued. Councilman Yee Returned to the Podium: RECESS: RECALL TO ORDER: LEGISLATIVE BUSINESS Motion to adopt ordinance relating to the Regulation of Smoking in City Facilities. 5'272 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 REDEVELOPMENT AGENCY MEETING RECON- VENED: 10. Joint Public Hearing - with Redevelopment Agency on the E1 Camino Corridor Redevelopment Plan and General Plan Amendment, Final Environmental Im- pact Report and adopt Mitigation Monitoring Pro- gram, and resolution adopting General Plan Amend- ment GP-93-47; Hold Public Hearing; close Public Hearing; Adjourn Redevelopment Agency Meeting; Act on Council Items 10a) and 10b). ,.~tg~ a) Resolution certifying the Final Environmental Impact Report for the El Camino Corridor Project and adopt the Mitigation Monitoring Program. A RESOLUTION CERTIFYING REVIEW AND CONSIDERATION OF THE ENVIRONMEN- TAL IMPACT REPORT ON THE EL CAMINO CORRIDOR REDEVELOPMENT PLAN AND THE AMENDMENTS TO THE CITY OF ACTION TAKEN ADMINISTRATIVE BUSINESS and a $65.00 rate for all o~hers. Mayor Teglia asked staff to explore the different tax suggestions for another meeting and have staff ex- plore the number of multiple units in the City. Councilman Yee returned to the podium at 9:08 p.m. Mayor Teglia declared a recess at 9:09 p.m. Mayor Teglia recalled the meeting to order at 9:25 p.m., all Council was present. LEGISLATIVE BUSINESS M/S Fernekes/Yee - To adopt the Ordinance. ORDINANCE NO. 1129-93 Carried by unanimous voice vote. PUBLIC HEARINGS Chairwoman Teglia reconvened the Redevelopment Agency meeting at 9:25 p.m. Mayor Teglia opened the Joint Public Hearing. Interim Director of Economic & Community Devel- opment Solomon explained which of the consultants would make the various presentations on the Rede- velopment Plan, the BART Extension, and the rede- velopment. Mayor Teglia stated that the purpose of the Joint Public Hearing is to consider testimony for the related amendments to the Redevelopment Corridor Plan, the General Plan and EIR and to allow time to hear comments on the Plan. She stated that the Agency and Council would not take action tonight and would not close the Public Hearing tonight as it would be continued to 6/9/93. She asked that those filling out a speakers card limit their comments to five minutes. 5/26/93 Page 6 AGENDA ACTION TAKEN PUBLIC HEARINGS 0. Joint Public Hearing - Continued. SOUTH SAN FRANCISCO GENERAL PLAN, MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND STATING OVERRIDING CONSID- ERATIONS IN THE APPROVAL AND ADOP- TION OF THE REDEVELOPMENT PLAN AND GENERAL PLAN AMENDMENT b) Resolution adopting General Plan Amendment GP-93-47. A RESOLUTION ADOPTING AN AMEND- MENT TO THE GENERAL PLAN GP-93-47 PUBLIC HEARINGS She explained that she would chair the meeting but would not vote on the matter because of a conflict, and the Council would be acting in a dual capacity. She stated that she would ask the staff to respond after each speaker but without Council or Agency discussion. She stated that after all speakers con- cerns had been responded to by staff they would consider closing the Public Hearing and continuing it to 6/23/93 when the ordinance will be considered. Mr. Cal Hollis, Keyser Marston Assoc., gave an overview of redevelopment on how it works and what it will mean to property owners and residents. He described the planned BART Extension through the El Camino Corridor and how redevelopment will be used as a tool to improve the area, and to miti- gate any impacts of BART coming through S.S.F. Mr. Bob Wetmore, Keyser Marston Assoc., sum- marized the report on the Redevelopment Plan with various types of funding available and financial feasibility, and the twelve sections of the report. Coordinator of Economic & Community Develop- ment McCue gave key highlights of the Plan. Senior Planner Morton explained the purpose of the proposed amendments to the General Plan. Mr. John Wagstaff, Wagstaff and Assoc., summa- rized the Environmental Impact Report. Karen Tiedemann, Esq., asked that all testimony be incorporated into the record as to the public hearing noticing and affidavits of publication. City Clerk Battaya introduced into the record: a letter from Donald E. Larramendy of San Francisco Water Department dated 5/25/93, and a letter from Frederick Schlosser of Broadmoor Lumber & Ply- wood Co. dated 5/21/93. Ms. Barbara Christianson asked that a letter from San Mateo County Community College District Chancellor Callahan dated 5/26/93 be introduced into the record. Ms. Janice Smith, S.S.F. Unified School District, stated that she would wait until the next meeting 5/26/93 Page 7 AGENDA ACTION TAKEN PUBLIC HEARINGS 0. Joint Public Hearing - Continued. 5/26/93 Page 8 PUBLIC HEARINGS before making her comments. Mrs. Schlosser stated that she wanted to make sure that the 5/25/93 letter from Frederick Schlosser went into the record. Mr. Tom Lodato, 3301 El Camino Real, Ste. 220, stated that he was speaking for McLellan Nursery who support this item and felt it was consistent in density with their long term plans. Mr. Lou Dell'Angela stated that BART had stated that they will take his client's property of one half acre which threatened his property rights because he was compelled to hold on to the property until BART wants to acquire the property. He questioned why the City was not looking to acquire the proper- ty now using capital improvement funds. He expressed concern: there was a conflict on Exhibit C which could be a legal problem in that it was different from the one presented to the Planning Commission; transient oriented residential was the one before the Commission that is not in this docu- ment; why was a new map substituted; this is a conditional General Plan Amendment on public improvements -'which was one he had never seen in 30 years; Policy 11 of Plan - if put in a retained cut should not be put in; the problem with the stations is the parking lots and traffic; did not think a General Plan Amendment was a good idea because BART should not be dictating to the City; high density on McLellan property - this should be retained as an important natural resource; Oak Farm property should be medium density - not high density. He continued: Chestnut and Grand was sold and now the City has a human wall of houses which this high density will also do; City has not addressed problems of Mission Road/McLellan Nursery/High School of overflow parking and traffic on Ever- green; should be a retained cut without increasing density; should be negotiating with BART and Air- port to move Tanforan station to Airport because if that happens Hickey will take the brunt; newspapers say BART is slowing down, but City is hurrying into this - yet there is no urgency and should go back and reassessed which takes courage because AGENDA ACTION TAKEN PUBLIC HEARINGS 0. Joint Public Hearing - Continued. ECESS: RECALL TO ORDER: (Cassette No. 2) 5/26/93 Page 9 PUBLIC HEARINGS staff is pushing you to do this, etc. Mayor Teglia stated that the map was important and she had asked for this to be widely noticed, and the reason for continuing the Public Hearing to the next meeting. She stated that the agenda was forced on us by BART, and yes the Council was aware of negotiations in San Bruno. Mr. Milan Jurdota, 111 Chestnut, stated he owned the property adjacent to Oak Farms and had a peti- tion against high density for McLellan and Oak Farms. He stated that staff had asked why he was so late to come in, however, the first notice he had received was last month. He was told that for him to be included would set the Project back six months, and only the Council could change this. He stated that his project was turned down in 1979 because it was too high structured and would shade his next door neighbors nursery. Mayor Teglia recessed the meeting at 10:43 p.m. for staff to develop responses to the concerns raised. Mayor Teglia recalled the meeting to order at 11:04 p.m., all Council present. Director of Economic & Community Development Solomon responded to the planning issues: in refer- ence to Exhibit C - the copy before the Council was the same as the document before the Planning Com- mission; in reference to the tiered General Plan - he believed it was a valid concept and provides a clear definition of the development rights and addresses the City's concern on the assignments of density; Mr. Jurkota's property - district boundaries were tightly drawn and Mr. Jurkota was notified although the properties on Chestnut were not eligible for this density; removal of the San Bruno station would be a detriment, etc. Mayor Teglia stated that the issue of the map was a very important legal issue and it should be checked out. She stated that she wanted to be sure that the development rights were addressed. Karen Tiedemann, Esq., stated that Mr. Jurkota wanted his property to have a higher density, and if ~ENDA ACTION TAKEN . 163 PUBLIC HEARINGS 0. Public Hearing - Continued. REDEVELOPMENT AGENCY ADJOURNMENT: ITEMS FROM COUNCIL 11. Oral Committee Reports PUBLIC HEARINGS the Council wanted it included in the redevelopment area they would have to start the process over which has already taken nine months. Mr. John Wagstaff stated that the EIR has an urban design chapter that addresses the so-called building wall and identifies all impacts including densities which are mitigated except for noise. He stated that he did get a letter from Mr. Dell'Angela on the EIR and had responded. Mayor Teglia stated that the Council will hold their comments until the Public Hearing is closed at the next meeting. Karen Tiedemann, Esq., stated that the City would not be acquiring the property of Mr. Dell'Angela's client, and if done it would be by BART. She stated that the master development operating process was an option that the Agency has and can then deter- mine if it is unfair. She stated that the tax incre- ment was based on forty year projections and the City would make payments based only on the reve- nue stream. M/S Fernekes/Drago - To continue the Public Hear- ing for both agencies to 6/9/93. Carried by unanimous voice vote. M/S Fernekes/Drago - To adjourn the Redevelop- ment Agency meeting. Carried by unanimous voice vote. Time of adjournment was 11:13 p.m. ITEMS FROM COUNCIL Councilman Pelma stated that he had met with the Historic Preservation Commission about the Fuller O"Brien fire house and told them it could not be saved on site. He suggested using it in the park as an adult and teen center. He stated that he had met with the S.S.F. Ministerium who feed the homeless, and were con- cerned and needed assistance. He asked for a con- sensus of Council for the City Attorney to offer 5/26/93 Page i0 AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 12. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. 13. Motion to adjourn the meeting to Wednesday, 6/2/93, at 7:00 p.m., City Council Conference Room, City Hall, for the purpose of the discussion of the 1993- 1994 Operating Budget, the Conference Center Bud- get, and a Closed Session pursuant to Government Code. ADJOURNMENT: ._.RESPECTFULLY SUBMITTED, Barbara A. Battaya, Cit City of South San Francisco ITEMS FROM COUNCIL legal assistance. GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Council chose not to hold a Closed Session. M/S Yee/Drago - To adjourn the meeting to 6/2/93 at 7:00 p.m., City Council Conference Room, City Hall for the stated purposes on the Agenda. Carried by unanimous voice vote. Time of adjournment was 11:20 p.m. APPROVED. 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 5/26/93 Page 11