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HomeMy WebLinkAboutMinutes 1995-10-25Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes John R. Penna Roberta Cerri Teglia CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS aGENDA REVIEW City Manager Wilson Requested: - Continue Items No. 7 and 9. Mayor Yee Requested: - Move Item 13 up after Item No. 8. ORAL COMMUNICATIONS 10/25/95 Page 1 MINUT_ES City Council Municipal Services Building Community Room October 25, 1995 351 AC_T!QN TAKEN 7:37 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. The Pledge was recited. Rev. Baltodano, Mission del Espiritu Santo Church, gave the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Mr. Norm Martin, Boys and Girls' Club, stated the Club was in the selection process for two of their pictures to go into the National Boys Club Calendar. Ms. Patricia Burke, 1700 El Camino Real, gave her report on BART: has not heard anything from staff on potential eminent domain of homes by BART; yesterday the House and Senate Committee sent a strong message to BART saying they will not fund to the Airport unless the deficiencies are redesigned and certifying to Congress that the six specific issues noted have been corrected; the $10 million is being withheld until it is fully funded by all Agencies; it is well known the State is broke; she will keep coming back with a report and when the issue is again raised AGENDA ACIIQN TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM Report on School Liaison Subcommittee by Councilmember Fernekes 10/25/95 Page 2 ., . 57 ORAL COMMUNICATIONS she will come back and ask Council to get a memo- randum of writing on the funding. Discussion followed: the funding is not to be paid by a local agency; the adjustments to the BART plan will be circulated locally and then they will approach the Federal Government; the time schedule could be as early as next summer when BART has the County and State funding secured; etc. Ms. Maggie Pierson, Art Rise, announced their new production opens Friday, 12 Angry Men, and invit- ed everyone to attend. Mr. Jake Jones, 12 El Campo Dr., stated many people did not know the candidate's night would be televised and retelevised on 11/2/95 at 7 p.m. He asked that everyone watch, because this is not a time to have amateurs running the City and people should vote for Gene Mullin and Joe Fernekes. Mr. Manny Madriaga stated he did not believe this was the place for people to make recommendations on the agenda for this election for if he had known he would ask someone else to come up and say good things about him. However, he hoped this would be clarified in the future. COMMUNITY FORUM Councilman Fernekes related information from last week's meeting with the School Liaison Committee: taking back classrooms by the District for adminis- trative uses; one of the classrooms was to be for daycare center; the Committee asked the School District Members to go back with an affirmative action to supply the program; the District said they would need one classroom at Martin School, so the daycare could be in jeopardy to operate the dayeare center without a classroom; they discussed a mutually operated daycare center; the decision has not been made by the School Board, but that was the recommendation from the Superintendent; the next subject had to do with consistency of rents from one to another; we rent the two rooms behind Spruce School and the rent is in excess of $400 a month without electricity or heat; we look at larger rooms at El Rancho with a charge of $300 and asked that be brought into line, but we need consis- AQENDA A~TION TAKEN ORAL COMMUNICATIONS CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 7/12/95, Special Meeting of 7/19/95, Special Meeting of 7/19/95 and Special Meeting of 7/26/95. 2. Motion to confirm expense claims of 10/25/95..5'0/.~ Resolution authorizing the submittal of an application to the Packard Foundation for $21,800 to be used to enhance and expand the use of volunteers in City Departments. ~ 2. ~ R 353 ORAL COMMUNICATIONS tency. Councilwoman Teglia stated the School District provides the space for the daycare center and that is their only participation. Councilman Fernekes wants the use of the daycare center. Councilwoman Teglia related: she is the new Presi- dent of the Visitors and Convention Board; she wants Council to give this new Board their full support; she spoke of the daycare center that may have to vacate the District's property due to a rent increase and misinformation; read a letter from Jo Escrit who received a letter from Janet Smith, from the School District, informed her she was moving and was to take all of the children because she was unhappy with the increase; Ms. Escrit was hurt and humiliated; she approached the City for a use permit for her own property for children with special needs; she explained that she did not know about the increase until August, two months after she went to the Planning Commission, that her rent was being doubled; her children's parents cannot afford higher prices; she was accused of soliciting Vice Mayor Drago support on the rent increase; etc. Vice Mayor Drago stated he did write a letter to the School District and he did say in the future their comments should be directed to him and not put an implication on innocent people. Councilwoman Teglia stated that at no time did she mention wanting to rent City buildings. CONSENT CALENDAR Approved. Approved in the amount of $2,032,546.72. 10/25/95 Page 3 AGENDA A~!!Q~ TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION AUTHORIZING SUBMITrAL OF A GRAND APPLICATION TO THE DAVID AND LUCILLE PACKARD FOUNDATION FOR $21,800 FOR THE 1995-96 FISCAL YEAR TO EXPAND THE USE OF VOLUNTEERS IN CITY DEPART- MENTS Motion to accept the Roof Replacement project as complete in accordance with the plans and specifica- tions. 5'0 ~ O Resolution authorizing purchase of seven police patrol vehicles, and approving a Budget Amendment for the Operating Budget. ~/2 A RESOLUTION AUTHORIZING PURCHASE OF SEVEN POLICE PATROL VEHICLES AND AP- PROVING BUDGET AMENDMENT NO. 96-2 TO THE 1995-96 OPERATING BUDGET Motion to adopt an ordinance adding Engineering Technician and other positions in the Fire Prevention Building Division reorganization. P- o ~ O AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE BY ADDING AND DELETING CERTAIN POSITIONS TO AN FROM THE COMPETITIVE AND NON-COMPET- ITIVE SERVICE PUBLIC HEARINGS Public Hearing - Abandonment of Kauffinann Court and adjacent 5' wide public utility easement; Conduct Public Hearing; Resolution ordering the vacation and as requested by Genentech. .5'0 ~d> A RESOLUTION AUTHORIZING THE VACA- TION OF KAUFFMAN COURT AND AN ADJA- CENT 5' WIDE PUBLIC UTILITY EASEMENT, WITHIN THE CITY OF SOUTH SAN FRANCISCO CONSENT CALENDAR 354 RESOLUTION NO. 121-95 Accepted. RESOLUTION NO. 122-95 ORDINANCE NO. 1174-95 M/S Teglia/Fernekes - to approve the Consent Cal- endar. Carried by unanimous voice vote. PUBLIC HEARINGS Councilman Fernekes left the meeting at 8:08 p.m. Mayor Yee opened the Public Hearing. M/S Teglia/Drago - To continue the Public Hearing to 12/13/95. 10/25/95 Page 4 A~ENDA ACTION TAKEN .. 355 PUBLIC HEARINGS 7. Public Hearing - Continued. Public Hearing - Appeal of the Planning Commission decision to deny a modification of a PUD to allow a patio enclosure to encroach into the rear yard in accordance with SSFMC Section 20.91 for PUD-95- 46, Owner and Applicant - Rudolfo and Lourdes Julao; conduct Public Hearing; Motion to uphold the Commission's denial of PUD Modification 95-46, based on the findings in the staff report. ~d) --~ L) PUBLIC HEARINGS Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. Chief Planner Solomon asked that the Council up- hold the decision of the Planning Commission for this reduced the open space and makes the character of the property more dense. Mr. Rudolfo Julao thanked the Mayor for listening to him on the phone on how this was mishandled. He feels the City can react quickly to this case or any problem that might occur. He related history of the town homes: in 1981 the town homes were built with an open front area; their area is single family dwellings and are not associated with home owner associations; he wanted the Planning Com- mission to do houses without an open front; no inspection was made since 1993 when he built the patio which is why the disapproval is not consistent and are based on assumptions; on one side is a variance and on the other it should be a modifica- tion; they explained they were not aware of the permit requirement or the municipal code and were not trying to get anyone in trouble; the Commission told them they ,were out of luck; he does not under- stand why it took six to ten years for the City to respond to an anonymous complaint; later the City told us to draw elevations; etc. Discussion followed: when did the complain come to Planning; Planning received it from the Applicant back in May of 1995; the Applicant indicated that the City was aware of the construction in 1993; the patio was built in 1993 and the Code Enforcement letter was May of 1993 which said there was an anonymous phone call made; the City received the complaint in 1993 and did not contact the Applicant until 1995 - is this standard; Code Enforcement was just put under the Fire Department and before that Community Development; Interim Director of Econ- omic & Community Development Beyer became familiar with this in May, but was not aware of a previous complaint to Code Enforcement; a letter was then sent concerning the violation and the Ap- plicant wrote a letter to him; but staff does not know what prompted the Code Enforcement action and Councilwoman Teglia wanted an answer before any action was taken on this item; no one can tell 10/25/95 Page 5 A_QE_NDA PUBLIC HEARINGS L Public Hearing - Continued. 10/25/95 Page 6 AC_T!QN TAKEN 35B PUBLIC HEARINGS Council the nature of the complaint; a building permit and violation of City ordinance of approval; the individual came to the City for a building per- mit; the Applicant came to the City and got three options - remove it, reroof it or apply for a variance; Mr. Julao built the patio without a permit and voluntarily came forward in 1993 and because of the complaint, nothing happened until May 1995 when a letter was sent for a permit to be taken out and the Commission denied the variance; City Attorney Mattas related the action before the Com- mission was a modification for a PUD to allow the building to be constructed in areas of setbacks and the building was built where it was not anticipated - that is the violation; there is no substantiation of the complaint and if the Council feels it is relevant they can continue the matter; Councilwoman Teglia felt the City dropped the ball and the other is if in fact the Council feels the City has taken way too long to consider this and he gets to have the patio, she does not want this to be a precedence where people are encourage to go ahead and start building; everyone is referring to a patio, yet this is a room; no one has inspected the property; the room has to be to code; the Applicant had coordinated the room with Sue Harris and Steve Padovan for a variance and Mr. Padovan told him to fill out the application; the wind in the area is too great for the room to be used as other than a patio; there are four walls on the room; it is generally recognized that it does not meet UBC and would have to be moved from the property line to meet the patio enclosure which is less than a standard room, so the room has to be reconstructed; if it is allowed all Codes would have to be complied with for a patio room and not another room to the house; there is a cement floor without heat; they can build an uninclosed patio without a permit for that is a green house structure that is allowed outside the standard building; Councilman Penna stated Westborough weather is not ideal most of the year and people should be able to enjoy their home and the open space has already been accomplished by the open areas and feels many people would like to enclose their patios; this particular area does not have home owners common space; the Vice Mayor wants the Fire Marshal check the building and the roof; etc. Mayor Yee closed the Public Hearing and asked A~ENDA _AC_T!Q N TAKEN 357 PUBLIC HEARINGS 8. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 13. Discussion of the East of 101 General Plan Policy Amendments to the Shoreline. _6'-0 PUBLIC HEARINGS staff to work with the Applicant to see what it would take for the patio enclosure requirement, and also deal with Councilman Penna's suggestion and have a standard that is right. City Attorney Mattas stated the Public Hearing was closed and Council has 60 days to make a decision. City Manager Wilson stated if the item was going to be continued perhaps Council wants statements from residents regarding certain standards under the DCC&Rs and they will be contacted. If he heard the Planner correctly, even if he satisfied the patio enclosure requirements he would bump into the zoning requirements. Mayor Yee pointed out that this is a PUD and the Council sets the standards. M/S Penna/Teglia - To continue the item to the 12/13/95 meeting. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Chief Planner Solomon presented a slide show on the Shoreline from Shearwater to the Treatment Plant, starting from Brisbane, identifying natural resources and commented that Planning Commis- sioners Padreddii, Lucchesi and Warren were pres- ent for the discussion. Director of Economic & Community Development Beyer related: development potential of certain sites adjacent to the bay above and beyond BCDC; Coun- cil wanted the policies to reflect BCDC restrictions and the Commission did not concur with the pro- posed policies and requested a joint meeting with Council; this was done and they modified some of the policies to the inland water ways only; the purpose of tonight's meeting is to discuss pro- posed amendments later. He stated that staff found a combination of different policies implemented in the past and flexibility of how they were treated in the past. Issues were presented to the Commission last summer that dealt with encroachment and parking within the 100' and 10/25/95 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 5. Discussion of the East of 101 - Continued. 10/25/95 Page 8 358 ADMINISTRATIVE BUSINESS whether property owners should be allowed alloca- tions for lands within the 100' and 3, whether or not it should be allowed closer to resources that are site specific. Planning Commission Chairman Lucchesi stated the Commissioners are here as a sounding board for input from Council. When this first came there was concern it was making drastic changes to the 101 that was recently approved by the Council. The Commission was concerned Council was going too far, and also the fact this zoning amendment was a particular project. They are concerned about the open space and cautious about departing from the 101 Plan. Discussion followed: how was Council departing from the 101 Plan; Planning Chairman Lucchesi stated East of 101 is the 100' buffer and it was particularly stated on whether we can encroach in any degree and that changed and the FAR issue and is comparable to throwing the baby out of the bath rather than the bath water; Commissioner Warren did not understand making a significant change to a reasonably approved plan; an encroachment for the 100' buffer because there was not a prior one; the bay is a resource and it seems foolish to make changes to a recently approved plan; the 100' buffer is more stringent than BCDC; Commissioner Padreddii went along with the change because Coun- cil did it to bring projects into the City, it does not take away authority or control, if a project is shy on parking, open space can be used and picnic tables can be put in which is not allowed now; the 100' allows no development other than open space related uses, but that does include picnic benches contrary to what Commissioner Padreddii said; BCDC has concurrent authority with the City; if the City does nothing with the 100' ban, will it be open space to be approved with the development, in addition to BCDC approval; the reason for the meeting is to find out if the Council wants to modify that, consid- er parking and FARs; Vice Mayor Drago did not have a problem in using the 100' to augment the business; his only concern had been with the pro- posed vehicle parking business that wanted to use that as an extension of their parking; he does not have a problem staying with BCDC if they allow encroachment for parking; BCDC's policy specifi- AGENDA ADMINISTRATIVE BUSINESS [3. Discussion of East of 101 - Continued. 10/25/95 Page 9 ACTION TAKEN - 359 ADMINISTRATIVE BUSINESS cally states that the shoreline is not for a priority use and shall be for any purpose of a local jurisdiction that uses the bay as an asset and no way affects the bay adversely, so it can be allowed; the City's cur- rent policy becomes restrictive by indicating that open space uses include the following specific park vistas, bikes, fishing, playing fields, recreational buildings, marinas and open space; currently East of 101 has zero FAgs; there was a discussion of modi- fication to the FARs, and at the time adopting poli- cies that did not increase the FARs, but allowed them to increase in certain areas and it was planned industrial and still retain the zero FARs; the other problems are sewer capacity and traffic; at one point the capacity of the sewer plant was estimated at one figure and it was found to be another figure much lower and plans hit the brakes; Councilman Penna had insisted on considering public transportation during the Committee talks; if Council directs staff to proceed, then it would go back to the Planning Commission and the Council to change the General Plan and could change the FAgs in the process; BCDC has defined certain segments of the shoreline as priority and has very restrictive controls in those specific areas, but are not in other areas; etc. Mr. Leu Poletti, 333 El Camino Real, stated he was here on behalf of the Haskins property which has been debated with the staff, the City Attorney and management for the last few years. He just went through 18 months of hearings with people all over the country and when the final EIR was passed in December, he thought they had accomplished some- thing. He related: his memory of the particular zoning for the Haskins property that a couple of planners determined not to have the Haskins devel- opment, and then he heard if we don't do anything then it is open space - this was not his understanding of the 3 to 2 vote; they are disqualified and now he understands it is only good for picnic tables and then there is a 100' ban from the property line; can anyone answer - does that mean low tide; outside of some areas most of the Haskins property would be eliminated and they are not interested in FARs. Discussion followed: Council has not done anything to affect the Haskins property; the only difference is under the current regulations under the 100' you cannot park vehicles; the Price Club parking is AG~DA A~TION TAKEN ADMINISTRATIVE BUSINESS 3. Discussion of East of 101 - Continued. 9. Public Hearing - To consider appeal of a Planning Commission condition of approval regarding calcula- tion of the Oyster Point Overcrossing contribution for a truck and auto fueling facility at 128 Harbor Way, Case Number UP-95-994, Bay Area/Diablo Petro- __ leum Co., Applicant; Conduct Public Hearing; Mo- tion to deny the appeal - Continued from two prior meetings and a further request to continue the item to 11/8/95. _~'-O ..r~O ADMINISTRATIVE BUSINESS 10. Resolution approving the execution of an Owner Participation Agreement between the City, Redevel- opment Agency, and Martin Metro, Inc. for seismic retrofit and rehabilitation of the Metropolitan Hotel, 220 Linden Avenue and 261,265 Grand Aven~ A RESOLUTION APPROVING AN OWNER PAR- TICIPATION AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO, THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY AND MARTIN METRO, INC. FOR SEISMIC RETROFIT AND REHABILITATION OF THE METROPOLI- TAN HOTEL, 220 LINDEN AND 261 AND 265 GRAND AVENUE AND DIRECTING THE CITY MANAGER TO PREPARE THE PROMISSORY NOTE AND DEED OF TRUST Resolution authorizing participation in the ABAG Power Purchasing Pool. A RESOLUTION AUTHORIZING PARTICIPA- - 360 ADMINISTRATIVE BUSINESS within 8' of the path, so there are not restrictions there for it is an inlet now; staff is to be allowed, on a case by case basis, to address the impacts in traffic as it came in; without the FARs staff cannot allow encroachment or buildings; City Manager suggested the only thing to implement is under the current definition of open space, you can have some build- ing areas if its recognized as being related, so the Council may want to allow FARs, but only if it meets the definition of open space; etc. Direction was given by Councilmembers Drago and Teglia, Planning Commissioners Padreddii, Lucchesi and Warren - To go with 1 and 3 in the staff report and not address the FARs. MIS Teglia/Drago - To continue the item to 11/8/95. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS MIS Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 123-95 Carried by majority voice vote, Councilman Penna abstained. Assistant City Manager Mattel gave the staff report requesting the City to participate in the ABAG Power Purchasing Pool. 10/25/95 Page 10 A~ENDA A~TION TAKEN ADMINISTRATIVE BUSINESS 1. Resolution - Continued. TION IN THE ABAG POWER PURCHASING POOL 12. Report from staff on the Greystone Homes proposal ~ and direction to staff. 5-0 14. Congestion Management Plan update. 515 · Information and a request for direction on the petition for formal recognition of the Management Employee Unit. ~-o t~ o 361 ADMINISTRATIVE BUSINESS Discussion followed: Councilwoman Teglia ques- tioned why the City needed to do this, we are not going to use more than what we need; to preserve flexibility and staff is not sure we want to participate in the future; this is for the purchase of natural gas; this does not bind the City until staff comes back after analyzing figures; if in the future an electrical power purchase can occur staff will come back to Council; would need a fee for ABAG to administer the program; resolution does not bind Council to a rate and PG&E is here asking us to exclude the electrical - just gas. M/S Drago/Teglia - To adopt the resolution with the City Manager to change the language. RESOLUTION NO. 124-95 Carried by unanimous voice vote. Discussion followed: the Finance Director carried out a 30 year and beyond analysis and felt it is reasonable; the EIR and annexation Greystone has to do; if BART moves forward staff will have to come back to Council; Mr. Jeff Schroder, Greystone, stated it would be 8-12 units to the acre, 2/3 would be single family units and 1/3 will be condos to pro- vide 15% of the units at moderate and low income rates for you cannot buy single family homes under $200,000 or a condo. Direction to staff - Do away with the current zoning and staff to proceed with less than 25 units to the acre. Senior Planner Kalkin related: separate EIR using C/CAG travel forecasting which staff felt the City could do; regional development impact fees, but there is not enough information on costs and fund- ing; the concept is based on the trips generated. Councilman Penna questioned why they are not looking at public transportation and wants staff to make his concerns known. What other ways are there to transport people other than on highways· City Manager Wilson related: the City was ap- proached for formal recognition; the matter was discussed and there was a decision to create a sepa- 10/25/95 Page 11 A~ENDA ACI!QN TAKEN - 362 ADMINISTRATIVE BUSINESS 5. Information - Continued. LEGISLATIVE BUSINESS 16. Motion to waive reading and introduce the Cable TV Franchise ordinance. 5/6'7 AN ORDINANCE REPEALING AND REENACT- ING CHAPTER 6.76 OF THE SOUTH SAN FRANCISCO MUNICIPAL CORPORATION RE LATED TO COMMUNITY ANTENNA TELEVI- SION SYSTEMS ADMINISTRATIVE BUSINESS rate unit for the Confidential Unit and leave the Mid-Management as it is; staff came back and it was passed by the Council; a petition then came and was agendized; from staff's viewpoint it seems it was asked and answered and to clarify it, it was put on the Agenda; the Mid-Management Group, at one time, was a recognized unit. Discussion followed: this question was on the Agenda and answered, how many times does Coun- cil have to handle this. Mr. Frank McAuley, 254 Village Way, stated he did not believe that Council ever acted on their request for they backed off and dealt with it in piec- es, but was never accepted or rejected - which they want. He stated the City put employees in units in order to deal with them constructively. They were in a recognized unit from 1971 to 1986, and the unit was dissolved to enter into an agreement to pay by performance which worked for a short while. In 1990 in more negotiations staff could have recog- nized the group for formal negotiations and have met since that time, but are not meeting properly because he does not have authority for it is not a recognized unit. Since they put their petition for- ward a year ago several members of the Public Safety unit were recognized and more recently the Confidential unit was recognized. Now there are 40 employees and they are asking to be recognized. The City Manager said he wants to be a manage- ment team, but is not recognizing their unit or giving them the same courtesy. Councilwoman Teglia asked for a Subcommittee of Drago and Fernekes to discuss the subject for fur- ther refinement or understanding before it comes back to Council. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Assistant City Manager Mattel stated the need to modify the regulatory ordinance that goes back to 1980 and this ordinance provides the regulatory framework. 10/25/95 Page 12 A~ENDA LEGISLATIVE BUSINESS 6. Motion - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE ADJOURNMENT: ACTION LEGISLATIVE BUSINESS TAKEN M/S Drago/Penna - To waive reading and introduce the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Penna complained of newspaper throw aways, and questioned why an ordinance had not come forward from staff to regulate this. City Attorney Mattas spoke of the first amendment implications, however he will prepare a Friday report and address littering. Vice Mayor Drago commented, there are a lot of ordinances on the books that are not being enforced. GOOD AND WELFARE No one chose to speak. M/S Penna/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:26 p.m. RESPECTFULLY SUBMITrED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco Robert Yee~ Maybr City of South San Francisco The entries of this Council meeting show the action taken by the City Council t~ 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. 10/25/95 Page 13