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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