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HomeMy WebLinkAboutMinutes 1994-05-18Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council City Council Conference Room City Hall May 18, 1994 301 AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) ROLL CALL: AGENDA REVIEW Consideration of Stormwater Management Ordinance. ACTION TAKEN ADJOURNED REGULAR MEETING Mayor Fernekes presiding. Council Present: Drago, Yee and Fernekes. Council Absent: Penna and Teglia. AGENDA REVIEW Assistant City Manager Mattel stated there were no changes to the Agenda. Director of Public Works Parini related background information: this started in the fall of 1992, when the Regional Water Quality Control Board ordered the County of Contra Costa to come up with a pro- gram to protect the bay waters and get the pollutants out of the water; the County Manager went to the Board's staff to talk them out of it - it was not time- ly and the Board ordered them to do it; the County hired a consultant to do an EIR and draft the plan and this City paid $20,000, as its share, and partici- pated with the engineering staff; in 1993 the JPA was amended to empower C/CAG to do the overall coordination - including information to inform the public on the program; the cities themselves have to carry out the program; San Marco County would carry a heavier burden; discussions were held in the spring and summer of last year on the program, to relieve the burden of the street sweeping; Council approved a program in July and adopted a fee struc- ture. He continued: whether they could use Measure A or Gas Tax funds and Cheryl checked with the State Controller and found those funds could not be used; Gas Tax funds could be used to clean the streets, which the City has been doing; establishing a clear appeal process to the Council for those dissatisfied with the tax; changing the fee to one based on the 5/18/94 Page 1 AGENDA _AC_T!QN TAKEN 302 ._a. Consideration of Stormwater Management Ordinance - Continued. Councilwoman Teglia Arrived at the Meeting: Councilman Penna Arrived at 8:15 p.m. 5/18/94 Page 2 size of the property; Council had looked at the program budget in September; there were two posi- tions in the budget - a Coordinator and a Source Control Inspector; the second position would not be hired until needed in July; etc. Coordinator of the Wastewater Management Pro- gram Mitchell Wade stated the first year of the five year plan specifically addresses programs, proce- dures and regulations stipulated in the program. She stated that the first of the key elements is the ordinance that will provide the authority to imple- ment the mandates of the plan, as related to NPDES Permit to bar the flow of pollutants into the bay. She stated it gave the City authority to inspect public and private property to look for pollutants and there were 500 businesses that have to be inspected by July 1st. She proceeded to describe the various documents to be developed in great detail. Councilwoman Teglia arrived at the meeting at 7:30 p.m. Coordinator of the Wastewater Management Plan Mitchell Wade continued with her staff report: if capital improvement structures were required for the program, they would have to be included in the budget; reporting and record keeping methods that will have to be submitted to the Water Quality Board; guidelines would have to be developed for projects with the amount of run-off permitted; etc. Discussion followed: the ordinance does not address an assessment; $450,000 was needed for the pro- gram through a fee structure; Council wanted the fee structure to be on the size of the lots; the County was trying to get that figure from the Tax Collector for the whole County, but the figures had not been derived; why couldn't the figures have been devel- oped in-house in the last year; the program's budget was pretty much exhausted, other than the salary for the Inspector and part of Cheryl's salary, which would be carried over; Councilman Drago reaf- firmed his no vote on the Plan; what happens to the street cleaning monies at the end of the five years - do they go to the General Fund; that would be discretionary each year; staff had to submit a report to the State on the collective pollutants in the water and they will make a decision then on whether to abolish the program; Councilman Drago felt the tax would get bigger each year and would never be abolished; the City's cleaning of the storm drains is AGENDA ACTION TAKEN 303 ._t.. Consideration of Stormwater Management Ordinance - Continued. RECESS: RECALL TO ORDER: Mayor Fernekes Stepped Down From the Podium: 2. Discussion on East of 101 Area Plan. well above State standards; concern that staff had not followed through on developing figures by lot size for the tax; Vice Mayor Yee felt that dropping the program was not an option and felt the Council should move forward on the ordinance; C/CAG has imposed its own fee, which the citizens pay; this City opted to have the County collect the $1.50 tax - whereas other cities pay directly to C/CAG; the City of San Carlos is in the process of developing an assessment program and collecting both taxes; the County would send several thousand copies of their brochure, however, we have seven thousand house- holds; there was an increase in the County share that the Board of Supervisors just voted on; the County was providing a greater media campaign through radios, buses and billboards; penalties for violations of the ordinance; the draft ordinance was a model ordinance used by Alameda; a parking ticket costs more than the penalty in the draft ordinance; the County was looking at a $7,000.00 cost to compute the tax by parcel size; Councilman Drago stated he had gone through this as Fire Marshal - if you im- mediately ran out to change the Fire Code people laughed at you; he was bothered by saying that business is doing the pollution and we are charging the residents - which he thought was a farce that got funnier as we went along; staff had not researched whether redevelopment funds could be used; could the City be sued for failure to comply with a mandate; Interim City Attorney to report back to Council on the question of non-compliance; etc. Council declared a recess at 8:18 p.m. Mayor Fernekes recalled the meeting to order at 8:25 p.m., all Council was present. Mayor Fernekes stated he would step down from the podium, not take part in the discussion of Item No. 2, due to a potential conflict of interest, and Vice Mayor Yee will conduct the meeting. Chief Planner Solomon stated that, when the Council last met, the principle outstanding issue was the question of floor area ratios and staff's concern on traffic impacts. He stated that, with the concurrence of the City Manager, we have commenced the stud- ies on traffic and FARs and tomorrow the Airport Commission is meeting to consider the extension of the agreement between themselves and this City and additional amount of monies to cover the study cost. 5/18/94 Page 3 ~ENDA ACTION TAKEN Discussion on East of 101 Area Plan - Continued. . 304 He proceeded in detail on results of Area Committee meetings: FARs of 1.0 and 1.25; the studies would take seven weeks and they were two weeks into the process; developed time lines are attached to the staff report; how they would do the permit - where a petition to recirculate the EIR was received, that means it would not be until the first of the year the process would be completed; they made modest changes to the documents that do not require a recirculation of the EIR but take them out to early September; scenarios they had looked at; etc. Discussion followed: Councilwoman Teglia stated the Committee had opted to do the four studies; raising the FARs; Consultant Early felt the Com- mittee still has a number of minor issues to address that involve additional changes to the Plan and the FARs that could be done without a reeireulation of the EIR; the changes were not in the Council packet and the only thing to be discussed was the EIR; Vice Mayor Yee felt uncomfortable in not being able to talk about the changes; Councilman Penna felt there was a bias in the report towards automo- biles, which he felt was a problem; Councilwoman Teglia felt the study had to be done, support it and then the Council has to look at the transportation; until the study was completed, a decision could not be made on the FARs; there should be a policy decision to wrap this up by July 25th; 45 day com- ment period, noticing requirements, Planning Com- mission and Council action; quickest time could be two and a half months; act on the General Plan concurrently. Mr. Alan Mason, 400 Oyster Point Blvd., stated the FARs are going to control what development takes place. He stated that now there were low levels and staff was proposing you amend that later, which he had never seen happen. He stated they were going to restrict the area into a higher value. He stated that FARs do not apply in CC&F. If that is true, he did not care, but he wanted to stay in the market and go into biotechs. However, if it took time, it would break him. He stated he had an R&D company interested and hoped the statement was true, because .45 won't handle a warehouse. Interim City Attorney Mattas stated the City's regu- latory authority could be more restrictive - unless you have a development agreement. If so, you 5/18/94 Page 4 AGENDA ACTION TAKEN 305 Discussion on East of 101 Area Plan - Continued. Mayor Fernekes Returned to the Podium: Closed Session, pursuant to Government Code 54956.8, to give instructions to the City's negotiator regarding negotiations with Jesus Armas concerning the purchase/sale/exchange/lease of the property located at 368 Contour, South San Francisco, Calif. RECALL TO ORDER: would tie into that. He related: the FARs would apply per lot; he believed .45 FARs to be planned industrial for new uses and existing ones would be non-conforming. Mr. Early stated that existing buildings exceed .45 and can be rebuilt. He stated the entitlement for a floor ratio would run for the parcel. Discussion followed: if the building was non-con- forming, Mr. Mason could not get financing; the subcommittee wanted to move to a .55; the Genentech master plan; higher uses require a higher FAR; the need for the Airport extension of the agreement for East of 101. Mr. Paul Shepherd, East Grand Business Center, spoke: allowing truck related uses; allowing com- mercial parking structures as a permitted use in the light industrial area; the FARs had not been defined for that use and staff allowed language to allow parking structures - regardless of the floor areas, as long as the traffic does not exceed the most traffic sensitive use; stand alone parking structures and height limitations; wetlands language was changed to conform to the Federal and State rules; Mr. Knox stated he represented Mr. Haskins and had a concern over the Subcommittee discussing language that is not in the document - which made it hard to follow; he felt there should be protection for wetlands; Mr. Shepard wanted Council to drop LU-25, concerning child care - which had been agreed to by the Com- mittee, and drop all reference to size of the building; Vice Mayor Yee questioned why Council received copies of documents that Mr. Early did not intend to discuss. Mayor Fernekes returned to the podium at 9:15 p.m. Council adjourned to a Closed Session at 9:15 p.m. to discuss the items noticed. Mayor Fernekes recalled the meeting to order at 10:30 p.m., no action was taken and direction was given. M/S Yee/Penna - to adjourn the meeting. 5/18/94 Page 5 AGENDA ACTION TAKEN ,DJOURNMENT: Carried by unanimous voice vote. Time of adjournment was 10:31 p.m. 306 RESPECTFULLY SUBMITTED, City Clerk 6" City of South San Francisco 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. 5/18/94 Page 6