HomeMy WebLinkAboutMinutes 1995-07-12 Mayor Robert Yee
Council:
Jack Drago
~Joseph A. Fernekes
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
July 12, 1995
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
RESENTATIONS
AGENDA REVIEW
City Manager Wilson Requested:
- Continue Items 9, 13 and 17 to the next meeting.
Councilwoman Teglia Requested:
- Item 12 also be continued.
Mayor Yee Requested:
- Cancel Item 20 for assessments and bonded indebted
ness.
_ACIIQN TAKEN
7:37 p.m. Mayor Yee presiding.
Council Present: Drago, Teglia and Yee.
Council Absent: Fernekes and Penna.
City Clerk Battaya stated Councilman Fernekes had
been called out of town.
The Pledge was recited.
Lay Minister John Cantley, Grace Covenant Church,
gave the invocation.
PRESENTATIONS
There were no presentations.
AGENDA REVIEW
So ordered.
So ordered.
So ordered.
Discussion followed: City Manager attempted to get
Countywide Waste Manager to discuss Item No. 15
and representatives are present; assessment district;
next Wednesday the Downtown, Redevelopment and
BART Subcommittees want to share footprints; what
happened to request to contact BART on funding
alternatives; Assistant City Manager is doing re-
search; Assistant City Manager did the report last
week.
7/12/95
Page 1
AGENDA ACTION TAKEN
Councilman Penna Arrived At the Meeting:
ORAL COMMUNICATIONS
7/12/95
Page 2
Councilman Penna arrived at the meeting at 8:00
p.m.
Discussion followed: this City's capability is not $3
million to underground BART - City must roll over
or take an aggressive stand; San Bruno blasted the
Airlines for going into this for no one knows what
the actual cost is and even Senator Kopp has soft-
ened his stance.
ORAL COMMUNICATIONS
Ms. Pat Burke related information on a SamTrans
meeting she just attended: the decision was reached
to give $2 million to study the new BART align-
ment; two people voted no because it did not include
money for the CalTrain; she and another person
spoke to the CalTrain; and she passed out a letter
dated 7/17/95 from the House Appropriations on
Transportation that she read from; commitment of
$10 million recommended for the BART extension
to the Airport; numerous concerns were raised
regarding the Airport; the underground alternative
is the most expensive option of them all; the Com-
munity District Rapid Transit Commission and the
Metro Transit are pursuing local funding; she goes
to the meetings to make them aware of the health
and emotional health people are experiencing and
this will be used in the negotiations of human safety;
so, we have achieved something with SamTrans, but
she left there puzzled; etc.
Discussion followed: the last figure for
undergrounding of BART was $43 million for this
City, we will have to spend that and they will still
come in over ground; the Council's decision has not
wavered for the undergrounding of the station and
that has been communicated through the local cities;
the City formed a redevelopment area for the local
share, then the price escalated and they came up
with a scheme to have a different type of project that
would include the Airport and have a bigger price
tag going back to Washington, but the federal did
not buy it; Ms. Burke had heard it said that S.S.F.
does not get involved and especially not with the
elevations; the Council has been involved for six or
seven years and have indicated what we want, so
why should we go to these meetings; people are
questioning the Hickey station - is it going to
happen; the only significant modification of the
local alternative, which includes the underground-
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
1. Motion to confirm expense claims of 7/12/95.
Councilman Penna Left the Meeting:
Motion to adopt an ordinance amending the Zoning
Map, RZ 94-86, zoning reclassification of 401 and
411 Airport Blvd. from D-C to P-C. .5 to '3
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO
AMENDING THE ZONING MAP AND RECLAS-
SIFYING CERTAIN PROPERTIES FROM DOWN-
TOWN COMMERCIAL (D-C) TO PLANNED
COMMERCIAL (P-C)
Resolution to award construction contract to Sierra
Detroit Diesel Allison in the amount of $46,167, as
the lowest responsible bidder, for the repair of two
radiators at the WQCP. ~'t> 53 '7
A RESOLUTION APPROVING AMENDMENT 95-
9 TO THE 1994-1995 CAPITAL IMPROVEMENT
BUDGET AND AWARD OF CONTRACT FOR
TWO REPLACEMENT RADIATORS AT THE
WATER QUALITY CONTROL PLANT
Resolution authorizing an agreement with David M.
Griffith & Associates, Ltd. for the cost allocation
plan and SB90 reimbursements study and application.
3-.3 77
A RESOLUTION AUTHORIZING AN
AGREEMENT BETWEEN THE CITY OF SOUTH
ORAL COMMUNICATIONS
ing and the Hickey station, will occur south of
Tanforan Station; how will people get into the Air-
port - tram or shuttle, that is part of the change;
Millbrae is adding another track, but all of the
changes affect only that segment; those are fiscal
changes and Councilwoman Teglia's concerns are in
trying to protect the alignment underground; there
has been no discussion on local contributions as it is
defined to date; the Subcommittee suggested looking
at other sources of funding; etc.
COMMUNITY FORUM
No one chose to speak.
CONSENT CALENDAR
Approved in the amount of $1,414,823.82.
Councilman Penna left the meeting.
ORDINANCE NO. 1168-95
RESOLUTION NO. 62-95
RESOLUTION NO. 63-95
7/12/95
Page 3
A~M~A AC!!Q~ !AKEN
CONSENT CALENDAR
¢. Resolution - Continued.
SAN FRANCISCO AND DAVID M. GRIFFITH &
ASSOCIATES, LTD. RELATING TO THE COST
ALLOCATION PLAN AND SBg0 REIMBURSE-
MENTS STUDY AND APPLICATION
Motion to accept the West Park 1, 2 and 3 Parks and
Walkways Project as complete in accordance with the
plans and specifications. &--t9 ~ D
Councilman Penna Returned to the Meeting:
Resolution of award of construction contract for
Phase IX of the Aircraft Noise Insulation Program to
G. E. Chen Construction, Inc., in the amount of
$3,991,440 as the lowest responsible bidder.
A RESOLUTION AUTHORIZING AN AWARD OF
CONTRACT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND G. E. CHEN CONSTRUC-
TION, INC. FOR THE AIRCRAFT NOISE INSU-
LATION PROGRAM PHASE IX
Resolution of award of construction contract for
Phase VIII B of the Aircraft Noise Insulation Program
to G. E. Chen Construction, Inc., in the amount of
$364,825 as the lowest responsible bidder. ~,0,~5 q
A RESOLUTION AUTHORIZING AN AWARD OF
CONTRACT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND G. E. CHEN CONSTRUC-
TION, INC. FOR THE AIRCRAFT NOISE INSU-
LATION PROGRAM PHASE VIII B
8. Motion to select Mr. Bob Rodriguez as the hotel
representative to the Conference Center Authority.
Councilman Penna Left the Meeting:
i. Resolution of award of construction contract for
Phase IX of the Aircraft Noise Insulation Program to
G. E. Chert Construction, Inc., in the amount of
$3,991,440 as the lowest responsible bidder.
CONSENT CALENDAR
So ordered.
Councilman Penna returned to the podium.
Removed from the Consent Calendar for discussion
by Councilwoman Teglia.
RESOLUTION NO. 64-95
So ordered.
M/S Teglia/Drago - To approve the Consent Calen-
dar with the exception of Item No. 6.
Carried by unanimous voice vote.
Councilman Penna left the meeting.
Councilwoman Teglia noted that this Phase will not
complete Park Haven.
M/S Teglia/Drago - To adopt the Resolution.
7/12/95
Page 4
A~NDA
ACT!QN TAKEN
Resolution - Continued.
A RESOLUTION AUTHORIZING AN AWARD OF
CONTRACT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND G. E. CHEN CONSTRUC-
TION INC., FOR THE AIRCRAFT NOISE INSU-
LATION PROGRAM PHASE IX
PUBLIC HEARINGS
Public Hearing - Zoning Text Amendment ZA-95-91
related to establishing timings of approval land to
enable the Planning Commission to establish design
guidelines; Conduct Public Hearing; Motion to waive
reading and introduce the ordinance - continued from
the last three Council meetings. .fft3~
AN ORDINANCE OF THE SOUTH SAN FRAN-
CISCO CITY COUNCIL AMENDING CHAPTER
20.84 - PLANNED UNIT DEVELOPMENT PER-
MIT PROCEDURE - OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATED TO
ADDING FINDINGS OF APPROVAL, ENABLING
THE PLANNING COMMISSION TO ESTABLISH
DESIGN GUIDELINES
10.
Public Hearing - Zoning Amendment 95-92 modify-
ing design review procedures for additions to one-,
two- and three-family dwellings; Conduct Public
Hearing; Motion to waive reading and introduce the
ordinance - continued from the last three Council....,
meetings. .~/.D°~
AN ORDINANCE OF THE SOUTH SAN FRAN-
CISCO CITY COUNCIL AMENDING CHAPTER
20.85, DESIGN REVIEW PROCEDURES OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
RELATED TO LIMITING THE REVIEW OF AD-
DITIONS TO ONE-, TWO- AND THREE-FAMILY
RESIDENTIAL STRUCTURES TO THAT BY THE
CHIEF PLANNER IN CASES WHERE THE EX-
PANSION MAY BE FOUND TO CONFORM TO
ADOPTED STANDARD AND OR CRITERIA
RESOLUTION NO. 65-95
Carried by majority voice vote for Councilman
Penna was not present.
PUBLIC HEARINGS
City Clerk Battaya read the title of the ordinance in
its entirety.
Mayor Yee opened the Public Hearing.
MIS Teglia/Drago - To continue the item to the
next meeting.
Carried by majority voice vote in that Councilman
Penna was not present.
City Clerk Battaya read the title of the ordinance in
its entirety.
Mayor Yee opened the Public Hearing.
Chief Planner Solomon stated this ordinance will
allow the Chief Planner to handle matters adminis-
tratively without going to the Design Review Board
and will simplify procedures.
Councilwoman Teglia questioned why duplexes and
triplexes should come under the Design Review
Board.
City Manager Wilson stated it was only dealing with
the small scale of residential with few triplexes.
Councilwoman Teglia stated it can be one year and
at the end of the year, when the applicant continues
to meet the conditions they will get an additional
year.
Councilwoman Teglia agreed there will not be a
sunset clause. She stated she had a letter stating
7/12/95
Page 5
AGENDA A~!!QN TAKEN~ ::
PUBLIC HEARINGS
~). Public Hearing - Continued.
11. Public Hearing - Zoning Amendment 95-93 extending
the "abandonment period" for nonconforming uses
from six months to two years; Conduct Public Hear-
ing; Motion to waive reading and introduce the ordi-
nance - Continued from the last three Council meet-
-- ings. 50'~q
AN ORDINANCE OF THE SOUTH SAN FRAN-
CISCO CITY COUNCIL AMENDING SECTION
20.97.070 - ABANDONMENT OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE RELATED
TO EXTENDING THE TIME PERIOD AFTER A
NONCONFORMING USE HAS CEASED USE OF
A BUILDING BEFORE IT IS CONSIDERED
ABANDONED FROM SIX MONTHS TO TWO
YEARS AND ALSO PROVIDING THAT THE
PERIOD WILL REVERT TO SIX MONTHS ON
JULY 1, 2003
PUBLIC HEARINGS
process is ambiguous for parking and she wants it
looked into.
Chief Planner stated Commissioner Lucchesi made
the suggestion that staff should make a decision over
the counter.
City Manager Wilson stated this will make it faster
and more responsive to the customer.
Mayor Yee Closed the Public Hearing.
M/S Penna/Drago - To waive reading and introduce
the Ordinance.
Carried by unanimous voice vote.
City Clerk Battaya read the title of the ordinance in
its entirety.
Mayor Yee opened the Public Hearing.
Chief Planner Solomon stated this will bring non-
conforming uses into conformance.
Councilman Penna stated he had a conflict of inter-
est and left the podium at 8:23 p.m.
Mr. Leu Poletti stated this was something his
business gets involved in all the time, and as the
zoning changed to planned industrial these things
come up all the time. He felt two years is too long
a time for his building has been hung up for three
years with the Design Review Board. He feels one
year is reasonable, but if it is changed to one year
and after the one year come back and then go back
to six months. Mr. Poletti asked there not be a
sunset in the one year.
Councilwoman Teglia stated she cannot see two, can
agree to one year and she does not agree with a
sunset clause.
City Manager Wilson stated staff can come back
with appropriate language for a one year period.
M/S Teglia/Drago - To continue the item to
7/26/95.
7/12/95
Page 6
AGENDA A~TION TAKEN
PUBLIC HEARINGS
l 1. Public Hearing - Continued.
Councilman Penna Returned to the Meeting.
12.
Public Hearing - To consider Planned Unit Develop-
ment to allow modifications to a retail and theater
complex located in the P-C Planned Commercial
Zone District including: 1) a 300 seat, two theater
expansion to the cinema for Century Plaza - Syufy
Enterprises and Alioto Fish Co. owners, 410-470
Noor Avenue, PUD-9542, and Negative Declaration
No. 792; Motion to open the Public Hearing and a
Motion to continue the item to 7/26/95. .5~tO~c[
13.
Public Hearing - To consider the adoption of
Stormwater Management Program Fees for Fiscal
Year 1995-96; Conduct Public Hearing; Motion to
adopt a resolution.
A RESOLUTION ESTABLISHING STORMWATER
MANAGEMENT SERVICE CHARGES TO PRO-
VIDE REVENUE FOR THE IMPLEMENTATION
OF THE STORMWATER MANAGEMENT PLAN
FOR FISCAL YEAR 1995-1996
14.
Public Hearing - General Plan Amendment GP-95-52
and Negative Declaration No. 794 to policies in the
East of 101 Area Plan regarding development in Open
Space areas and adjacent to known sensitive resourc-
es; Conduct Public Hearing; adopt resolution. ~O~
A RESOLUTION APPROVING AMENDMENTS
TO THE EAST OF 101 AREA PLAN REGARDING
DEVELOPMENT IN OPEN SPACE AREAS AND
ADJACENT TO KNOWN SENSITIVE RESOURC-
ES
PUBLIC HEARINGS
Carried by unanimous voice vote.
Councilman Penna returned to the podium.
Mayor Yee opened the Public Hearing.
M/S Teglia/Drago - To continue the item to
7/26/95.
Carried by unanimous voice vote.
Mayor Yee opened the Public Hearing.
City Manager Wilson asked that the meeting be
continued to next Wednesday due to the lack of
members present.
Councilman Drago disagreed with the item not being
handled tonight.
M/S Teglia/Penna - to continue the item to next
Wednesday at 7:00 p.m.
Carried by majority voice vote, Vice Mayor Drago
voted no.
Mayor Yee opened the Public Hearing.
Chief Planner Solomon related the staff report:
amendments affect the 100' buffer; includes floor
area of open space along waterway; encroachments,
by qualified biologist, protect sensitive bio-
logical elements; Planning Commission recom-
mended denial of these amendments; they feel they
are too broad and do not protect the environment;
etc.
Discussion followed: the Commission is not in
agreement with staff's recommendation; City Attor-
ney feels it is staff's responsibility to come to the
Council with their own as well as the Commission's
recommendations; no one was present from the
Commission to speak; Council sets policy and staff
implements that policy; this was discussed last year
and Mayor Yee and Vice Mayor Drago wanted to
make it more restrictive; staff had found inconsis-
7/12/95
Page 7
A~ENDA
PUBLIC HEARINGS
.4. Public Hearing - Continued.
7/12/95
Page 8
ACTION TAKEN
PUBLIC HEARINGS
tencies; there should be a future joint meeting with
the Commission, because there is a lack of commu-
nication; there may be merit in a joint meeting be-
cause the City Attorney is looking at the zoning for
the downtown; a project on the 26th is dependent on
this change; etc.
Mr. Avanessian, 400 Oyster Point Blvd., stated he
represented the owners being affected by this
change, they suggested some of the changes, were
not opposing it, but want clarification. They are
asking for parking to be allowed and its not men-
tioned.
Discussion followed: the parking is not specifically
stated; Mr. Avanessian had asked that the parking be
included; the amendment would allow the existing
use, we do not allow parking so there is no guaranty
and it is discretionary; Councilman Penna's under-
standing was that landscaping and parking were
going to be allowed; staff cannot say allow parking
because of BCDC's concerns, it is not as easy as
that just to say allow parking; it can be allowed
because it says further discretion permits with devel-
opment of adjoining sites; if there was an endan-
gered species in the area Mr. Avanessian cannot
build; the language left as it is leaves parking a
discretionary use or the Council can add parking to
the first sentence of the document, then the use will
always include parking; Vice Mayor Drago voted
against parking garages along the bay front, but if
Mr. Avanessian wants to guaranty that the parking
will not interfere with the landscaping then he could
live with this; he did not want this to turn into a
multi-storied parking structure; BCDC does not
allow multi-storied parking, but do allow parking;
Vice Mayor Drago questioned why the City should
be more restrictive than BCDC; if the City wanted
to allow parking the Chief Planner thought it would
only be allowed with another use; staff has been
careful to not allow parking and it only occurred
under the power lines; staff made a specific excep-
tion to the light industrial area in parking for the
Haskins property; industrial uses require parking;
the parking on the fingers property was an accessory
use; FAR policy; etc.
Mayor Yee closed the Public Hearing.
AGENDA A~TION TAKEN
PUBLIC HEARINGS
14. Public Hearings - Continued.
RECESS:
RECALL TO ORDER:
ADMINISTRATIVE BUSINESS
15.
Resolution endorsing the Year 3 General Program
Budget as adopted by C/CAG and use the San Mateo
County Flood Control District as the funding mecha-
nism to support the General Program activities.
A RESOLUTION RECOMMENDING THAT THE
SAN MATEO COUNTY FLOOD CONTROL DIS-
TRICT IMPOSE CHARGES FOR FUNDING
COUNTY-WIDE NATIONAL POLLUTION DIS-
CHARGE ELIMINATION SYSTEM (NPDES) GEN-
ERAL PROGRAM
16. Resolution of support to expand the Colma Creek
Flood Control District project area.
A RESOLUTION OF SUPPORT TO EXPAND THE
COLMA CREEK FLOOD CONTROL DISTRICT
PUBLIC HEARINGS
Discussion followed: options are to add ground
parking, go back to the Commission and have them
prepare their rationale; continue the item to 7/26/95
and get a staff report from the Commission; etc.
M/S Teglia/Penna - To send the Rem back to the
Planning Commission for them to come back to the
Council with their rationale.
Mayor Yee called a recess at 9:25 p.m.
Mayor Yee recalled the meeting to order at 9:35
p.m., all Council was present.
ADMINISTRATIVE BUSINESS
Discussion followed: proposed rates on single
family residential ($3.44), commercial ($1.72 to
11,000 sq. ft.) and commercial over 11,000 sq. ft.
($3.44); the rates are based on parcel size and aver-
age parcel size; this is a County expanded mandate;
the rate is not based on the size of a parcel; what
service does the City get from the County that we
don't get from our program; why does the City need
a Program Coordinator; Tax Collector charges a fee
to collect charges; etc.
M/S Teglia/Penna - To adopt the Resolution.
RESOLUTION NO. 66-95
Carried by majority roll call vote.
Discussion followed: this is the concept of expand-
ing Colma Creek and all cities are being asked to
adopt the concept; this is beneficial for the water
shed above Oak; potential to work on improvements
with BART; maybe do bonding and add language
for the down stream and move upstream when funds
are available; upper reaches of creek does not say
where it goes; upstream improvements are needed
for BART and if they pay for it, that is fine; this is
the complete water shed for Daly City, Colma,
Brisbane, Pacifica and San Bruno, will include new
language and the Reimer Report.
M/S Teglia/Penna - To adopt the Resolution with
the new language.
7/12/95
Page 9
A~ENDA
ACTION TAKEN
ADMINISTRATIVE BUSINESS
6. Resolution of support - Continued.
17.
Resolution authorizing a contract with Allied Infor-
mation and Services Corporation to provide compre-
hensive ambulance billing and collection services.
n RESOLUTION AUTHORIZING EXECUTION OF
AN AGREEMENT WITH ALLIED INFORMATION
AND SERVICES CORPORATION TO PROVIDE
COMPREHENSIVE AMBULANCE BILLING AND
COLLECTION SERVICES
LEGISLATIVE BUSINESS
18. Motion to waive reading and introduce an ordinance
to allow radar survey information to be transmitted
into court records.
AN ORDINANCE ADDING CHAPTER 11.68 OF
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE DECLARING THE PRIMA FACIE SPEED
LIMIT ON CITY STREETS
ITEMS FROM COUNCIL
19. Discussion of the use of gaming revenues.
ADMINISTRATIVE BUSINESS
RESOLUTION NO. 67-95
Carried by unanimous voice vote.
M/S Penna/Teglia - To table the item.
Carried by unanimous voice vote.
LEGISLATIVE BUSINESS
City Clerk Battaya read the title of the ordinance in
its entirety.
M/S Penna/Teglia - To waive reading and introduce
the ordinance.
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Discussion followed: direction was needed to staff
to formulate a policy on use of the funds; Mayor
Tee felt it should not be a discussion until after the
9/12/95 election when and if Measure A passes;
Councilwoman Teglia felt Council should have a
declaration of intention for some people think it
should go to salaries and improvements, however,
she wanted it carried over to the next meeting so
Councilman Fernekes can be present; Mayor Tee
felt Councilwoman Teglia was giving the impression
she was trying to sell the measure; Councilman
Penna felt it was important for staff to come up with
policies; Councilman Drago felt it was important to
say what it will not be spent on; it should be spent
on one time shots and should not be spent on Gener-
al Fund activity; a policy is a guide for a future
Council; etc.
Mr. Lou Dell'Angela stated it sounds like Monty
Hall "let's make a deal". You are saying the City
needs money and we need your votes. This whole
business is an insult to the people's intelligence. The
7/12/95
Page 10
ITEMS FROM COUNCIL
19. Discussion of the use of gaming revenue - Continued.
GOOD AND WELFARE
20.
Motion to adjourn the meeting to Tuesday, 7/18/95,
10:00 a.m., Council Conference Room, City Hall,
400 Grand Avenue, for a study session for the fol-
lowing purposes: a review of Paine Weber's Plan for
realignment of official assessments and bonded in-
debtedness.
ADJOURNMENT
ITEMS FROM COUNCIL
issue is not just a matter of money for it is a real
uncertainty that the ballot measure will succeed. He
felt this was a PR political ploy to promise every
one a little bit of candy to get money down the road
when these are empty promises and are meaningless.
He felt the issue is bigger - it is crime and a lot of
things. The Council had an issue last time about
1,200 jobs coming from the card shops and the
Council is giving them to the locals, but legally you
can't do that. So, this is an implied promise, a
promise you cannot deliver on. He felt the Council
should stop the phony baloney and buying votes.
Let's have a fair and square election and not get into
the politics of trying to make games out of the
whole process.
Discussion followed: it was Council's intention to
have concurrence with Hollywood Park to give
preferential treatment to S.S.F. residents; etc.
GOOD AND WELFARE
No one chose to speak.
Council chose not to adjourn the meeting to a given
date and time.
M/S Teglia/Penna - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 10:23 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Clerkff/
City of South San Francisco
APPROVED.
Robert Yee, Mayor
City of Sou'h San Francisco
the entries of this Council meeting show the action taken by the City Council 'o dispose of an item. Oral communica-
tions, arguments and comments are recorded on tape. The tape and document~ related to the items are on file in the
Office of the City Clerk and are available for inspection, review and copying.
7/12/95
Page 11