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HomeMy WebLinkAboutMinutes 1995-01-25Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes ,John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room January 25, 1995 297 SPECIAL M E_E!!_N G CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JANUARY 25, 1995 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 25th day of January 1995, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Presentation of Police and Fire Public Safety Awards. Dated: January 19, 1995 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: &~E__NDA (Cassette No. 1) Presentation of Police and Fire Public Safety Awards ACTION TAKEN 7:30 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Femekes, Penna, Teglia and Yee. None. Fire Chief Stark gave commending public safety certificates to the following individuals: Captain Ron Franceceoni, Fire Education Specialist Susan Kennedy, Dr. David Witt, Kathrine Smith and Ro- chelle Levy. Police Chief Raffaelli gave commending public safety certificates to the following individuals: Kurt Yeager and Greg Arteche, Larry Gueco and Humberto Brandi. 1/25/95 Page 1 ACTION TAKEN 298 ADJOURNMENT: MIS Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:43 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City CleriC/ City of South San Francisco APPROVED. Robert Yee, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to~lispose 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. 1/25/95 Page 2 Mayor Robert Yee Council: Jack Drago Joseph A. Femekes -John R. Penna Roberta Cerri Teglia M!_NHIES City Council Municipal Services Building Community Room January 25, 1995 299 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Resolution Commending Planning Commissioner Alan N. ---ellmer .5"O a/"7 ~.esolution Commending Planning Commissioner Robert Mantegani .5'0 ~ -/ Kaiser Hospital Development on Orange Avenue ,,q-'-/--~...~ 8:00 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Teglia and Yee. None. The Pledge was recited. Navy Chaplain Cynthia Smith gave the invocation. PRESENTATIONS Mayor Yee read the Resolution aloud and presented it to Mr. Alan Zellmer. Mayor Yee stated this will be presented at a future Council meeting. Dr. Bliss thanked the Council for the opportunity to discuss their preliminary plans for the development of the North Canal and Orange Avenue property. He listed the reasons to go forward with the expan- sion: to meet the membership; allow Kaiser to relocate the San Bruno site; will allow Kaiser to increase member services by expanding the present capabilities. He stated Kaiser's goal is to let Council know where they are in development phases. He stated there have been meetings with affected neighborhoods and he wanted to assure everyone there will not be an emergency hospital on the site nor visits in the wee hours of the night. He hoped the Council is as excited about the project, as is Kaiser, as it will allow them to continue their excellent services. · Ms. Holly Harris, Kaiser Hospital, stated they have been working on development of the medical center for six months, have had meetings with the neigh- 1/25/95 Page 1 AGENDA ACTION TAKEN Kaiser Hospital Development - Continued. 1/25/95 Page 2 300 borhood and staff in trying to come up with the best solutions and had narrowed it down to two schemes. She stated there were 600 mailings to notify home- owners of the meetings, yet there were complaints from Mayfair Village about not being notified. So, that list could encompass more neighborhoods. She related: separation of the site from Orange Park along the North Canal; concerns about traffic and parking are going to be addressed; Kaiser staff is working with City staff on a traffic study; not using Orange Ave. to get to the site, but using Spruce across North Canal with the entrance on North Canal; they are assuming the potholes liabilities; there will be 40' setbacks to preserve the park light- ing image; there will be adequate parking on the site; a soils test has not yet been done; there will be a shorter walking distance with clear circulation on site; the want to preserve the image of Orange Park and Orange and Railroad Avenue; there are no impacts and the side amenities will be pleasing; the main building is roughly 200,000 sq. ft., because the site is approximately 800,000 sq. ft. and is larger than they can handle; one building will be two stories and the other building three stories; etc. Councilwoman Teglia stated she met with Ms. Har- ris but did not see other schemes. She made a number of comments, which she would reiterate tonight for the benefit of the community - even though she had grown up in and out of the Kaiser facility: it is an intense use; members come from all over the bay area, so it is a regional use; we are not used to having a regional facility in the heart of the community, however, there could be one on El Camino; she has yet to visit a currently operating Kaiser any place that has not been maximum in use to the ninth degree; parking problems; traffic on Orange Avenue has to be culled out and be set in concrete for the project; the center will have a phar- macy that will be a traffic generator, unless it is closed at 5:00 p.m.; concern over shortcuts to the center that will impact traffic in neighborhoods; concern over buffering; the landscaping should be sensitive to the esthetics; whether the old site is going to be improved; wants to see negotiations with Samtrans for bus access at the site; etc. Councilman Drago wants to create a cul-de-sac at Orange Avenue and encourage people to use South Spruce. AGENDA Kaiser Hospital Development - Continued. PG&E on the Recent Outage Problems 1/25/95 Page 3 ACTION TAKEN 301' Councilman Fernekes complimented Kaiser on the job they are doing and the brochures sent out to the community describing their intentions and involve- ment in the community. He stated Councilwoman Teglia touched on a lot of concerns, primarily the parking being sustained on their own site and good access. Discussion followed: percentage of S.S.F. residents belonging to Kaiser; 40% - that cuts the regional impact; Mayor Yee wanted a small copy of the sketch schedule of what is happening over the next few months; if the Council does not like the building location, at what point do they have an opportunity to discuss the issues; it will go to the Planning Com- mission and staff can provide it to the Council for review; which scheme is the EIR based upon; it is based on cumulative impacts, circulation and condi- tions; the application coming forward will be a conditional use permit, which has final approval with the Planning Conunission under the existing zoning; if the Council then wants to consider it further there can be a study session; the Council gets involved, but the Planning Commission is the last step; there can also be a joint session with the Plan- ning Commission; etc. Ms. Bonnie Wells stated she is the Community Affairs Manager for PG&E. She stated the recent storm that struck caused more wide spread damage than any other for 24 hours. She stated that PG&E sustained $50,000,000 in damage to its facilities. She related: most storms last one to two days and move along the corridor they serve; this was not an ordinary storm, it hit again and again throughout the service territory of 33 counties and there was disas- ter - where people lost electrical power, by the night time it was restored and then another storm hit; even with the PG&E layoffs, more people responded to those storms and they apologize for any inconve- niences. Councilman Drago stated the length of the outage was 18 to 20 hours and he thought it was due to layoffs. He was concerned about the lack of com- munications, where people could not get information on the outage. He questioned if a crew had been dedicated to S.S.F. Ms. Wells stated there was more than one crew, however, the first priority is public safety, such as AGENDA ACTIO_N TAKEN 302 PG&E on the Recent Outage Problems - Continued. AGENDA REVIEW City Manager Wilson Requested: - Continue Item No. 7 to next meeting. - Motion to add an item, as No. 7, to the Agenda that arose after the Agenda was posted on Disaster Assis- tance Matters which requires a 2/3 vote. Mayor Yee Requested: - Move Item No. 8 to be heard after the Consent Cal- endar. REPORT OF THE CITY MANAGER oRAL COMMUNICATIONS COMMUNITY FORUM when wires are down. Discussion followed: there used to be a crew' for downed wires; the outage in the Rockwood area was from a tree down; etc. Mayor Yee introduced new City Manager Michael Wilson. AGENDA REVIEW MIS Penna/Teglia - To place the Resolution on the Agenda as Item No. 7. Carried by unanimous voice vote. So ordered. REPORT OF THE CITY MANAGER City Manager Wilson stated he had nothing to re- port. ORAL COMMUNICATIONS Mr. Manny Madriaga, 23 Sunrise Court, announced the formation of a new civic organization in $.S.F. and the name is Golden Gate Lions Club. He stated this is a newly chartered Lions Club, which has 35 members. He stated the original Lions Club has been renamed the Host Lions Club. He stated the Club wants to work with the schools for the adopt a school program and described other activities they are involved in for the community. COMMUNITY FORUM Councilman Drago gave credit to the Eagle Scouts for maintaining the entrance to the City in Serra Highlands. Councilwoman Teglia stated she had two City checks signed by employees no longer working for the City. She expressed her concerns: read in newspaper of an elderly woman being accosted with a knife on Chestnut between Baden and Commercial Avenues; 1/25/95 Page 4 AQENDA A~!!QN TAKEN 303 COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 11/23/94, Special Meeting of 11/30/94, Special Meet- ing of 11/30/94 and Special Meeting of 12/14/94. 2. Motion to confirm expense claims of 1/25/95. ~'O 15B 3. Motion to accept the Willow Gardens Parks and Parkways Maintenance District as complete in accor-. dance with the plans and specifications. 4. Motion to adopt an ordinance on massage parlors ~_ the Adult Entertainment Overlay District. ,9--0 AN ORDINANCE AMENDING CHAPTERS 20.06, ....... 20.22, 20.24,20.26, 20.30, 20.32 AND 20.37 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE DEFINING BY REFERENCE "MASSAGE ESTABLISHMENTS", LISTING SUCH USES AS REQUIRING USE PERMITS IN THE COMMER- COMMUNITY FORUM this is a third incident; her neighborhood has many elderly and asked people to be more cautious until police take care of the problems. Councilman Penna stated that he received a rexluest from Claire Mack asking for Council support of a shelter on Tower Road in San Mateo and that he wanted the Assistant City Manager to research the matter. Mayor Yee questioned if CDBG funds can be used for this purpose. He reminded the audience of the Town Hall meeting tomorrow night, 6:00 p.m., at Genentech. He asked Mr. Gibbs to give a five minute presentation on the Oyster Point Project. Assistant City Manager Martel stated she received a list of questions from the Chamber of Commerce, which she sent to staff to review and respond. Councilman Penna stated for any future meetings he wanted the purpose of the meeting before the Agen- da was printed. Councilman Drago stated the purpose of Town Hall meetings is for the neighborhoods to air their con- cerns and he was not in favor of this meeting. CONSENT CALENDAR Approved. Approved in the amount of $1,455,914.80. So ordered. ORDINANCE NO. 1158-95 1/25/95 Page 5 AGENDA _AC_TIQN TAKEN 304 CONSENT CALENDAR Motion - Continued. CIAL AND INDUSTRIAL ZONING DISTRICTS AND DELETING PROVISIONS PERTAINING TO MASSAGE PARLORS IN THE ADULT ENTER- TAINMENT OVERLAY DISTRICT REGULA- TIONS Resolution extending the Terrabay Specific Plan and Development Agreement to August 12, 1995 due to the tolling of 984 days of litigation. _&-~tO <~ ~ A RESOLUTION CONCURRING WITH THE TOLLING OF 984 DAYS FOR LITIGATION WHICH RESULTS IN EXTENDING THE TERRABAY SPECIFIC PLAN AND DEVELOP- MENT AGREEMENT TO AUGUST 12, 1995 Resolution extending the Terrabay Specific Plan and Development Agreement to August 12, 1995 due to the tolling of 984 days of litigation. A RESOLUTION CONCURRING WITH THE TOLLING OF 984 DAYS FOR LITIGATION WHICH RESULTS IN EXTENDING THE TERRABAY SPECIFIC PLAN AND DEVELOP- MENT AGREEMENT TO AUGUST 12, 1995 CONSENT CALENDAR Removed from the Consent Calendar for discussion by Mayor Yee. M/S Teglia/Fernekes - To approve the Consent Calendar with the exception of Item No. 5. Carried by unanimous voice vote, however, Coun- cilman Penna abstained on the vote for the minutes of the meeting he did not attend. Assistant City Manager Martel stated this would occur with the tolling for litigation that extends the existing Terrabay Specific Plan and Development Agreement that was discussed extensively last week; etc. Attorney Brian Gaffney, Bay Area Land Watch, 625 Second St., #110, Petaluma, CA 94952, stated his group sent Council a letter and wondered if the Council had reviewed their concerns. He cited those concerns: wanting public comment on the proposal; circulating the proposal for a 30 to 90 day period for e6mment by citizens; the Sterling letter saying they will develop provided the City approves a ten year extension; it is somewhat factitious that the City allowed a six month extension when it is going to be up to Council in August to grant a ten year extension; how can the action be discretionary on an agreement already made with the previous developer; a Federal permit was granted and the City had a public hearing for subsequent discretion- ary approval; both the spirit and the language of the permit require public input. 1/25/95 Page 6 AGENDA A C __T I O _.N TAKEN 305 ~ 5. Resolution - Continued. PUBLIC HEARINGS Public Hearing - To consider granting the franchise application requested by Santa Fe Pacific Pipeline to install, maintain and operate an 8-inch pipeline to be used for the transmission of oil and oil-related prod- ucts; Conduct Public Hearing; Motion to approve mitigated negative declaration; waive reading and introduce the ordinance - Public Hearing opened on 1/11/95 and continued. .5-0 ~ AN ORDINANCE GRANTING A FRANCHISE TO SANTA FE PACIFIC PIPELINE PARTNERS, L.P. FOR TRANSPORTATION OF OIL AND PROD- UCTS THEREOF Councilwoman Teglia stated that the ten year exten- sion is not what the Council is granting this evening and there will be adequate time to respond before the approval is given or denied. Mayor Yee stated that the Council action tonight is non-discretionary but, with the future extension, there will be time to review it at that time. Councilman Drago stated he asked about the Poland case and how that delayed the project. He was told how the opinion was developed. M/S Teglia/Fernekes - to adopt the Resolution. RESOLUTION NO. 4-95 Carried by unanimous roll call vote. PUBLIC HEARINGS Interim Public Works Director Wykoff stated in regards to the recommendation to approve the miti- gated Negative Declaration information and intro- duce the ordinance with the Santa Fe Pacific Pipe- line: the Negative Declaration was prepared and circulated; the mitigation measures are in the report; staff believes it would reduce the impacts to an acceptable level and the granting of the ordin- ance would comply with the plan; Mr. Westerman or Mr. Quinn can come forward and respond, as well as a representative from Shell Oil Co. Mr. Donald Quinn, Manager Santa Fe Pacific Pipeline, stated there are 156 of their pipelines throughout the States and would respond to ques- tions. Mayor Yee stated this was not clear to him - this 5,000 feet of pipe. He realized when the pipe goes under 101 you are going to have arterial pipe and questioned if there is going to be a pipe within a pipe. Mr. Quinn stated it will be a pipe that will carry the pipe, through which the arterial pipe will be extend- ed. Mayor Yee reiterated - you are saying that basically on the street, if there is damage, the fuel can leak out because there is not a pipe to protect it. He 1/25/95 Page 7 AGENDA ACTIQN TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 1/25/95 Page 8 PUBLIC HEARINGS wanted greater protection outside of the so-called pipe. Mr. Quinn stated it is not practical to double contain the pipe, because there is no way to mitigate the pipe when it is enveloped. He stated they earmot open 101 and they would have to put a bore across it. Discussion followed: what is the range of authority of Council; if they do not approve it Santa Fe can initiation eminent domain proceedings; whether the pipe under the bay is going to be discontinued; Santa Fe does not operate or maintain that pipeline; Shell wants to consolidate their facilities here; Santa Fe provides space to feed their line; Santa Fe does not own the commodities they ship; why are they going to tear up our streets; what authority does Santa Fe need to go into wet lands on the other side of the Freeway; document was submitted to a num- ber of agencies without any discussion of wetlands; Mayor Yee felt Council should deal with this when they get all of their permits, because there are too many questions; wait until other agencies approve it and see the conditions they place; thought Shell Oil Co. was going to phase out tanks; Shell Oil Co. is looking at other alternatives and the line will be purged in accordance with law and then the line will be idle; Councilwoman Teglia is concerned with seismic activity; two pipelines remained intact dur- ing the La Prieta earthquake and pipelines react well to earthquakes; Councilwoman Teglia is concerned about a line break and feel mitigation No. 6 should be eliminated; Mayor Yee is also concerned about line breaks and will not vote on this item tonight; staff will develop more information; Fish and Game had concerns over wetlands but Corp. of Engineers will issue permits; document says pipeline will meet all Federal standards and the City will not have a liability; Santa Fe has contacted all agencies and have all permits; Mr. Dale McLellan related a 40 gallon spill in Oakland and questioned who indemnifies property owners if there is a spill and is very concerned over pipe ruptures; Councilman Penna has concerns over toxic waste and under- ground tanks; in future spills there will be contami- nated soil, which will affect other properties; City Manager Wilson stated contaminated soil must be reported within 48 hours; granting an encroachment AGENDA ACTION TAKEN 3O7 PUBLIC HEARINGS $. Public Hearing - Continued. ADMINISTRATIVE BUSINESS Resolution to approve the reconfiguring of the Man- agement and Confidential Unit into separate repre- sentation units. 1°- O O D A RESOLUTION ESTABLISHING SEPARATE MANAGEMENT AND CONFIDENTIAL REPRE- SENTATION UNITS 8. Informational report on a Martin Luther King holi- day. to- 0 DO ?EMS FROM COUNCIL PUBLIC HEARINGS is the responsibility of the property owner and there is a trail back to the perpetrator of the contamina- tion; a written accident plan is required prior to a permit being issued; Mayor Yee felt another route could be less hazardous, because he spent a lot of time on Shaw Road with its flooding problems; etc. M/S Teglia/Drago - To continue the item to the next meeting. Mr. Jerry Western stated Santa Fe made application in August of 1993 and they are anxious to get obli- gations fulfilled. He feels a lot of information has been provided and they have permits from other agencies. Mayor Yee stated he had not seen those permits. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Item continued by the City Manager under Agenda Review. Director of Personnel Gonzales gave a brief staff report: of the five cities typically used by S.S.F. for survey information only Redwood City does not recognize this day as a holiday; employees have not been interested in exchanging existing holidays for this holiday; S.S.F. employees are provided eleven paid holidays; employees also receive a floating holiday that can be used anytime during the year; the cost for an additional paid holiday to all em- ployees is $95,291.00. DisCUssion followed: what other holidays do survey cities observe in addition to this holiday; how many holidays do the survey cities have; staff will provide that information; etc. ITEMS FROM COUNCIL Councilwoman Teglia heard that the City of San 1/25/95 Page 9 AQENDA A~I!QN TAKEN 308 ITEMS FROM COUNCIL ~assette No. 2) A RESOLUTION DESIGNATING THE CITY MANAGER AND ALTERNATES AS'THE AGENT OF THE CITY OF SOUTH SAN FRANCISCO FOR DISASTER ASSISTANCE MATTERS ,_.~.,Z ~ D ITEMS FROM COUNCIL Bruno was interested in a joint Corporation Yard at our site and wants staff to investigate. City Manag- er Wilson stated he talked to San Bruno City Man- ager Hedley and an item will be on the next agenda or two. Councilman Drago questioned the smms of the Gellert Assessment District. Assistant City Manager Martel stated the Acting Director of Finance does not have the knowledge to handle the item, however, engineering is looking into the matter. Mayor Yee stated the issue is not engineering, but money. Mr. Callan wants to get Amy's papers - we struck an agreement and he personally does not want engineering involved. Mayor Yee instructed the City Manager to contact Mr. Callan's attorney. City Manager Wilson stated he will proceed imme- diately. Discussion followed: using the Parking District funds for parking lot security and maintenance; a staff member has to follow through on the removal of railroad tracks on Railroad Avenue between Magnolia and Spruce; Assistant City Manager talked to Chief Planner, but it has not been done; Council- man Drago thought they were hiring someone to oversee the redevelopment areas; another problem is the newspaper rack in from .of the Post Office; City Manager will sit down and get a work program together; Councilman Drago has a letter from a woman who says Westborough Blvd. does not con- form to Code for handicapped parking at Callan and Westborough Blvd.; where is the Blue Line audit; former City Manager cancelled earthquake insurance in July and maybe the Council will not retrofit the building; TSM amended local trip reduction ordi- nance; Mayor Yee wants to interview new applicants for Boards and Commission and instructed City Manager and City Clerk to set a date for interviews; Councilman Drago wants to interview all applicants. M/S Penna/Teglia - To adopt the Resolution. RESOLUTION NO. 5,95 1/25/95 Page 10 A~ENDA A~!!Q~ 309 ITEMS FROM COUNCIL 7. A Resolution - Continued. GOOD AND WELFARE CLOSED SESSION Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - Acting City Manager, Director of Personnel, City Attorney and Labor Negotiations Consultant on labor relations matters and the employee organizations are: AFSCME, Police, Fire, Operating Engineers, Man- agement and Confidential Group and Public Safety Managers. RECALL TO ORDER: ADJOURNMENT: ITEMS FROM COUNCIL Carried by unanimous voice vote, GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:58 p.m. to discuss the items noticed. Councilman Fernekes left the meeting at 11:30 p.m. and did not return to the meeting. Mayor Yee recalled the meeting to order at 12:00 midnight, all Council was present except Council- man Fernekes, no action was taken and direction was given. M/S Teglia/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:01 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. RobeE Yee,~ayor City of South San Francisco l 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. 1/25/95 Page 11