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HomeMy WebLinkAboutMinutes 1993-11-03Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes 'John R. Penna Robert Yee MINUTES City Council City Council Conference Room City Hall November 3, 1993 VOL, AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters on the appeal of John Beazor, labor relations for police and operating engineers, property negotiations and litigation. ECALL TO ORDER: ACTION TAKEN ADJOURNED REGULAR MEETING 6:10 p.m. Mayor Teglia presiding. Council Present: Drago, Fernekes, Yee and Teglia. Council Absent: Penna. Council adjourned to a Closed Session at 6:11 p.m. on a personnel matter pursuant to G 54957 - appeal of John Beazor, labor relations pursuant to G 54957.6 - police and operating engineers, proper- ty acquisition pursuant to G 54956.8 - lot on the corner of Noor Ave. and El Camino Real. Mayor Teglia recalled the meeting to order at 7:55 p.m., all Council was present. M/S Fernekes/Yee - To deny the appeal, not extend the leave or grant additional leave and direct place- ment on the reinstatement list if requested by the Applicant. Carried by unanimous roll call vote. Mr. Beazor asked if that had to be in writing or if the request to be put on the reinstatement list could be a verbal request. Mayor Teglia thought he needed to put it in writing even though it was on the record. Mr. Beazor questioned if there were a specific amount of time in which he had to do this. City Attorney O'Toole advised Mr. Beazor to do it as soon as possible and that a handwritten note, delivered to Personnel Director Gonzales, would be sufficient. 11/3/93 Page 1 AQENDA A~!!QN TAKEN 1. Closed Session - Continued. ECESS: Councilman Penna Arrived: 11/3/93 Page 2 Mr. Beazor stated that at this particular time, at this moment in time, he was terminated from City em- ployment. City Attorney O'Toole stated that the City would contact Mr. Beazor tomorrow. Mayor Teglia stated that Mr. Beazor had mentioned what he felt he was entitled to in leaving City em- ployment and she presumed Mr. Beazor's Attorney could speak to staff about that. Mr. Beazor comment that, to the best of his knowl- edge - according to the Labor Commission of the State of California, all information on benefits, vacation and any accrued pay that he is entitled to must be given immediately at the time and place of discharge. City Attorney O'Toole stated he was not sure that applied to public entities, however, if it does, it would be addressed. Mr. Beazor stated that the question that was impor- tant to him was if his benefits were done now - in that he had surgery scheduled in two weeks. Director of Personnel Gonzales stated that the bene- fits would run through the remainder of this month then, effective 12/1/93, Mr. Beazor would no longer be covered. Mr. Beazor stated he would handwrite a note for reinstatement and give it to the Personnel Director tonight. Personnel Director Gonzales stated that, in benefits beyond 12/1/93, Mr. Beazor would have the option of COBRA and she would mail him all literature dealing with the rates and coverage over an 18 month period. She stated that the Federal Govern- ment had provided COBRA so individuals would have extended coverage. She stated that it would be the same plan, however, Mr. Beazor would have to pay for medical, vision and dental coverage. Council adjourned to a recess at 8:00 p.m. Councilman Penna arrived at the meeting at 8:03 p.m. AGENDA ACTION TAKEN ._RECALL TO ORDER: East of 101 Area Plan. 11/3/93 Page 3 030 Mayor Teglia recalled the meeting to order at 8:10 p.m., all Council was present. Councilman Yee introduced newly elected Council- man and high vote getter Peter Yee from Foster City, who is employed by Genentech. Acting Director of Economic & Community Devel- opment Solomon stated that last Thursday night the Planning Commission had completed the first round of the East of 101 Area Plan and gave staff direction on the changes to be accomplished. He stated that tonight's meeting was a study session for the Council to give comments to the Commission on the draft Area Plan to assist them in their deliberations before it is brought back to Council. He proceeded to give an overview on the changes listed in the staff report and stated that he was also prepared to go over the goals, which had remained the same, with one exception. He stated that the goals were summarized in a handout on the land use policies. Discussion followed: what was meant by a traffic count; the traffic count is looked at for a ratio of the number of cars in an intersection divided by the capacity of the intersection; various A-F ratings for intersections; cost to improve intersections unless they were left as D ratings; what levels were considered acceptable; Brisbane was looking at C as a minimum level; that the levels were policy deci- sions of the Council; updating the sewage system when capacities are reached; asking commercial developers for parking in-lieu fees; potential of a newly discovered earthquake fault in the East of 101 area and to make sure building does not take place on top of the fault through the requirement of geological trenching; that trenching was a costly operation for developers; the City shall attempt to do appropriate studies to determine the location of the fault; location of the fault comes along Hillside Blvd. and into the bay. Mr. Early, Consultant, stated that the policy sug- gested was that the City, for a reasonable mount of money - like $50,000, could locate the area where the fault trace is likely to be found. Then, only in that zone, would trenching be required. He stated that, according to the geologists, it is not inactive and was as likely as any other to experience ground AGENDA ACTION TAKEN .-2,. East of 101 Area Plan - Continued. 11/3/93 Page 4 . 031 rupture. He stated that the geologists believe the fault was in the bay and was believed to exist on land; no one has developed the bay bottom and the natural configuration; accepting the existing Shearwater Plan, which has been superseded and should be rescinded; there were four different policy changes in land use - allow auto storage and auto related uses, simplify policies affecting the Koll site for greater flexibility in developing road access, establish locational and design policies for fast-food restaurants and direct the establishment of locational requirements for recyclers; land use diagram - redes- ignate the Haskin site from Coastal Commercial/ Planned Industrial to Coastal Commercial/Light Industrial, redesignate the Wind Chime site from Planned Industrial to Open Space, designate the bay as open space and designate US Highway 101, State Route 380 and the railroad mainline track as trans- portation; that the owners of the Haskin site had re- quested the possibility of an auto storage use on their property in the proposed light industrial area; Councilman Penna had a concern over using prime property for auto storage; auto storage uses do not generate sales tax; what were the impacts of this use to adjacent sites and was it desirable; due to the economics, the Homart site had not built out since its inception fifteen years ago; Councilman Yee felt it was better to have something on the site and limit the time frame for the use, such as for 15 or 20 years; the site was a landfill site; this was a clean site without toxic waste, as opposed to the Shearwater and other properties, which made a difference for a company wanting to locate in S.S.F.; Councilman Penna suggested designating auto storage uses in areas not good for anything else until cleaned up and they could not be allowed to go on a clean site that could accommodate hotels, office buildings or biotechnical companies; Mayor Teglia agreed, why turn a clean site into this use - unless you say for five years you will allow the use; Councilman Yee questioned the viability of this clean land when the site had been vacant for many years; his point was he did not want pie in the sky and the City to end up with nothing; Vice Mayor Fernekes remarked that having a parking lot on the site would not change the soil; the use would be more acceptable if it generated revenue for the City; Councilman Drago felt it should be sent back to the Planning Commission with a suggested five year limit on the use; the site was on the shoreline access and under BCDC regulations; why would the owner AGENDA ACTION TAKEN _.2. East of 101 Area Plan - Continued. 1 I/3/93 Page 5 spend a good deal of money for use of the land for five years; Councilman Drago remembered the auto storage use for Mercedes Benz that the City had authorized; Vice Mayor Fernekes felt something could be worked out on an interim basis of five to ten years for the use, even though it did not produce revenue; Mayor Teglia wanted the word interim to be used and that it not exceed five to ten years. Mr. Early stated that the Council did not have to take action tonight because their concerns had been flagged and notes had been taken on the revenue generation of uses. Further discussion followed: circulation policy; simplify policies affecting the Koll site to provide greater flexibility in developing road access; selected bridges over the waterways; the Koll site has to provide a fly-over ramp or a bridge connected to the Shearwater site without access to Brisbane - which Brisbane was concerned about and wanted to review the environmental documents; this site has been accessed through Brisbane because they had formed an assessment district for the whole area, which include sewer and water and Brisbane wanted this City to relinquish jurisdiction and this City gave up that right; staff felt the interjurisdictional agree- ment did not cover police and fire services to the site; this City had made an agreement with Brisbane to provide roadway services; the site does not cur- rently have southbound access from 101, so the only way the police and fire can serve the site is through an improved roadway to and from S.S.F.; the agree- ment could be modified to solve the access problem; with the new Hillside fire station there was closer access; fast food restaurants could only be in a commercial center and drive through restaurants should not be built to stand alone; request for specifics on where drive through restaurants could be located; Planning Commission had asked the Consultant to redefine the fast food policy, LU-20, not limit them to commercial centers, have design criteria, identify certain areas where they are not appropriate and exclude or place a limit on the number of areas appropriate; there were many di- verse opinions from the Commission on what areas were appropriate for fast food restaurants; a prior Council had felt a fast food restaurant was not ap- propriate as you come off the freeway onto South Airport, however, down further, towards the Price Club, the Council said they could deal with the use; AQENDA A~!!Q~ TAKEN _ 2. East of 101 Area Plan - Continued. Discussion and direction regarding negotiations with BART/Samtrans on the undergrounding of the BART Extension. . 033 the issue was being raised again because of the Conference Center; Blue Line Transfer belonged next to the WQCP; Council had tried relocating the Company to that site and it did not work because of the acreage; improvements should have a value four times that of the land they are built on - the Com- mission felt this was too high and felt two times would be better; the ratio had been developed from the County Assessor; there have been many property reassessments; the policies were a set of guide- lines not a set of standards; at the public hearings staff would, bring a list of new construction per square footage and land values; redesignate the Haskin site from Coastal Commercial/Light Indus- trial to allow parking of the cars on the Haskin site; there was a slough and open space on the Full- er O'Brien property that was not developable and cars could not be parked there for auto storage; there were two separate issue - what is allowed in a specific land use category and whether to allow auto storage as a use in the light industrial category - and, if so, the draft plan had to be changed and the designation of the Haskin site; designate the wind chime site from Planned Industrial to Open Space; Planning Commission wanted the current designa- tion of the Koll site as Planned Industrial changed to Mixed Uses of Planned Commercial and Industrial. Interim Director of Economic & Community Devel- opment Solomon related: when staff redoes the document the public hearings would start and there was still time for changes; staff was just beginning the environmental documents; staff had received significant comments to include in the EIR; etc. City Manager Wohlenberg related information on BART: City trying to put together a cash flow to match the available funds for the construction needs to underground BART; after meetings with BART and Samtrans, there is no real plan forthcoming; the clock was running out and the City needed to know that they are going to put together an interim cash flow that will work, however, there was little en- couragement from BART's staff on this; the City had been using $23 million and BART is supposed to give us a new number for the incremental cost to put it in the tube for the needed figure for the rede- velopment plan; he wanted to do work to take the increment base and level through tax allocation bonds - how much can it generate in the next five years or five to ten years; the tax increment starts 11/3/93 Page 6 A~ENDA ACTION TAKEN Discussion- Continued. 11/3/93 Page 7 034 at $200,000 and it must be leveraged; after the money was together go to BART with a definitive plan and say, can you give us the balance as a loan; in order to cover the cash flow, the City had to have the money in the first year; needed to look at other ways to get the money up-front; he was not sure that an assessment district was a viable option in this community; there was a $7 million right-of-way cost for the Hickey Blvd. extension and that could round up the expense to $30 million for the project. Discussion followed: the right-of-way was in Colma and why were they not paying for it; the County acquired the right of way; Mayor Teglia was getting close to the point to revisit the issue of BART at grade because we are looking at money we don't have, she was uncomfortable and it would be easy to say undue it and we can take care of Hickey; Coun- cilman Penna stated the City didn't have to do any- thing right now and maybe they should slow down the project; how the Hickey Blvd. Project had gone from $3 million to $7 million for that strip; the difference was in buying the property and taking the realistic approach that you could not take a cut through people's land; there was $1.3 million avail- able from Measure A; the Council had said three years ago what they were going to do; the City had tried to get Federal grants under the old program for Hickey and it was below the funding level; the City would not have a shot for a couple of years for the Federal Transportation portion; the City had to get a commitment from the County and the City Manager was directed to do this and get back to the Council; the Council could use all of their Proposition A money and leverage it; BART is the Agency saying they see value for the project, but the City was not ready for that at this point; Mayor Teglia stated she was not willing to bond and did not want to put this community in risk; City Manager Wohlenberg stated that these bonds are not a risk and only had the 2% rate a year; Councilman Yee had expressed concern over spending our own money, if we are not going forward with it; he had asked Ms. Costello, before she left City employment, where we would get the money and she had told him there was a verbal discussion that BART would front the money; Coun- cilman Penna felt there was an implied contract, the City had acted and it cost us; the Bart General Man- ager had never been in on any of the discussions; Assistant City Manager Martel related that the Gen- eral Managers of BART and Samtrans, during the AQENDA A~!!Q~ TAKEN Discussion - Continued. 11/3/93 Page 8 commencement of negotiations to develop the fi- nancing plan, which was in April, had implied that through some type of a loan - most likely through Samtrans, because BART can not spend money out- side the District and it would not be possible to lend money, Samtrans could provide the up-front costs; Samtrans Manager did not say it was possible or impossible, but implied he was in agreement with what Frank Wilson suggested; he also suggested that if BART could assist us in a short term bridge loan and provide a portion of the cost for construction, we would talk about it later; so they went to the staff level to develop the option that would be pre- sented to the policy makers; in subsequent meetings it was clear to the Assistant City Manager that what- ever understanding was reached had not trickled down to the staff level and they were not coming up with the cash. Councilman Drago stated that the City had a com- mitment from BART and Samtrans on the strip behind Treasure Island Trailer Court to under- ground, yet he had never seen any confirmation from anyone in the alternative at grade and it always shows that it includes Treasure Island. Discussion followed: get a formal determination that we provide the financing and they provide the undergrounding; without money from Samtrans the City had nothing; the City had to get to the Board of Directors to make it happen; the City Manager would work on the executives but he needed the Council to work on the BART Boardmembers and apply pressure; if the City accepts BART in the trench, there was a separate decision on whether the station will be at Chestnut or Hickey; Councilman Yee didn't want to talk about that at this time be- cause this had to be understood before we get to that point; Councilman Penna did not want it in S.S.F. and felt the Council had the right to chose the right of way; Mayor Teglia stated that we don't - they have the right to condemn properties outside of their jurisdiction. Councilman Yee stated that, at some point, he want- ed an update on the Oyster Point Project because it was an important project and he did not want the Council to lose sight of it. He felt that John Gibbs should sit down with us and give us an update. Vice Mayor Fernekes felt the Council should be A~ENDA r 3. Discussion- Continued. 1. Closed Session - Continued. RECALL TO ORDER: ADJOURNMENT: ESPECTFULLY SUBMITTED, ~ City C~ Barbara A. Battaya, City of South San Francisco ACTION TAKEN 036- more involved in talking to the BART members and should stay on top of it all. Mayor Teglia stated that BART called a time out when they started the business with San Bruno and questioned what was happening with the alternatives. Interim Director of Economic & Community Devel- opment Solomon stated that BART was going to take all three alternatives through the environmental process. He stated that BART was saying, "we will study it, but you pay for it." Council adjourned to a Closed Session at 10:40 p.m. Mayor Teglia recalled the meeting to order at 11:08 p.m., all Council was present, no action was taken. MIS Penna/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:09 p.m. APPROVED. ~Ro~erta Cerri eg ia, ~ 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 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. 11/3/93 Page 9