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HomeMy WebLinkAboutMinutes 1996-02-28 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ?""~ohn R. Penna ~obert Yee MINUTES City Council Municipal Services Building Community Room February 28, 1996 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: [ESENTATIONS Resolution Commending Roberta Cerri Teglia Vice Mayor Fernekes Arrived at the Meeting: ACI!QN TAKEN 7:35 Mayor Drago presiding. Council Present: Mullin, Penna, Yee and Drago. Council Absent: Fernekes. City Clerk Battaya stated Councilman Fernekes had informed her Office that he will be arriving late to the meeting. The Pledge was recited. Kaiser Hospital Chaplin Gene Linamin gave the invocation. PRESENTATIONS Councilman Mullin read the Resolution aloud and presented it to former Councilwoman Roberta Cerri Teglia. Vice Mayor Fernekes arrived at the meeting at 7:47 p.m. Former Councilwoman Teglia stated all of the deeds enumerated in the resolution could not have been done without the help of the Council and a lot of great people. She stated that spending time in Bak- ersfield has made her even more appreciate of how great this City is, and the Council for preserving the very best of what this City is. She stated there were battles between herself and Council, but we came out respecting each other. She related: she was called by a Southern California Councilwoman about airport noise; she gave her pertinent information on who to contact; the woman asked the FAA why S.S.F. had the insulation pro- gram and was told that the S.S.F. Council cares about its residents. 2/28/96 Page 1 ~ENDA ~TION TAKEN · RECESS: RECALL TO ORDER: Aircraft Noise Insulation Update by Dave Valkenaar AGENDA REVIEW City Manager Wilson Requested: - Remove the Closed Session from the Agenda. ORAL COMMUNICATIONS COMMUNITY FORUM 113 Mayor Drago called a recess at 7:52 p.m. for the audience to enjoy refreshments in honor of Mrs. Teglia. Mayor Drago 'recalled the meeting to order at 8:00 p.m., all Council was present. A presentation was not given. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Noelle Makakoa, 400 B Street, stated she was a teacher at S.S.F. High School and introduced a student to relate activities for Net Day that will be held at S.S.F. High School, Saturday, 3/9/96, with seminars and kickoff activities starting at 9:30 a.m. in the Library Information Center. Mr. Manu Gupta, student, invited everyone to attend "Net Day '96" and related the activities: 10:00 a.m. Windows 95 and Office 95; 11:00 a.m. What is a Network?; 1:00 p.m. Consumer and Productivity Software; 2:00 p.m. What is the Internet and how will it help my student?; 3:00 p.m. Ribbon-cutting ceremony and connecting to all Net Day Sites. He stated that students will be able to access Internet from the classrooms at Monte- verde Elementary and S.S.F. High Schools, thanks to President Clinton and the worldwide web. Councilman Mullin stated a number of volunteers have been pulling wires so all computers will be connected and invited everyone to attend for he believes this to be an asset to the community. Ms. Maggie Pierson, Art Rise Theatre, stated the next Art Rise production will be Godspell that opens 3/9/95, will run on Friday and Saturday nights with a matinee on Sunday through 3/30/96. COMMUNITY FORUM No one chose to speak. 2/28/96 Page 2 AGENDA AC!!QN TAKEN CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 2/14/96. 2. Motion to confirm expense claims of 2/28/96. ,5'0 t 3 Resolution of award of contract for the Aircraft Noise Insulation Phase XI Project to G. E. Chen Construc- tion, Inc. in the amount of $2,784,200 as the lowest responsible bidder. 52--~g 6 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 XI 4. Motion to adopt an ordinance amending the Municipal Code related to sign regulations, oz"O~': AN ORDINANCE AMENDING SUBSECTION (h) OF SECTION 20.76.090 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO SIGN REGULATIONS Motion to accept the 1995-96 Street Resurfacing Project as complete in accordance with the plans and specifications. 5-O'B O Motion to accept the El Camino Real Storm Drain Project as complete in accordance with the plans and specifications. .5't9 '/5 o Motion to accept the Armour Avenue Reconstruction Project as complete in accordance with the plan~s and specifications. ~-o ~ d) Motion to accept the Water Quality Control Plant Radiators Replacement as complete in accordance with the plans and specifications. 9. Resolution authorizing an agreement with Caltrans for the Linden/Baden Avenues Traffic Signal Upgrade._ A RESOLUTION AUTHORIZING EXECUTION OF __ AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CALTRANS FOR THE LINDEN/BADEN AVENUES TRAFFIC SIG- NAL UPGRADE CONSENT CALENDAR Approved. 114 Approved in the amount of $1,702,069.54. RESOLUTION NO. 21-96 Removed from the Consent Calendar for discussion by Councilman Fernekes. Accepted. Accepted. Accepted. Accepted. Removed from the Consent Calendar for discussion by Councilman Yee. 2/28/96 Page 3 AGENDA AC_TIQN TAKEN CONSENT CALENDAR Resolution authorizing an agreement with Caltrans for the Airport and Westborough Blvd. Signal Intercon- nect. 3't9 '~ A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CALTRANS FOR THE AIRPORT BOULEVARD SIGNAL INTER- CONNECT AND THE WESTBOROUGH BOULE- VARD SIGNAL INTERCONNECT 11. Resolution authorizing agreement with Lamson Corp., Syracuse, NY to procure three air blowers and motors at a cost not to exceed $230,000; resolution authorizing agreement to Water Pollution Control Corp.,' Brown Deer, WI to procure Aeration equip- ment at a cost not to exceed $110,000. ~ -7 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND LAMSON CORP. TO PROCURE THREE (3) AIR BLOWERS AND MOTORS FOR THE WATER QUALITY CON- TROL PLANT A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND WATER POLLU- TION CONTROL CORPORATION TO PROCURE AERATION EQUIPMENT FOR THE WATER QUALITY CONTROL PLANT 12. Motion to authorize advertisement of repairs to aera- tion tank//7 at the Water Quality Control Plant..5-t9 ~ '7' 13. Resolution authorizing an exclusive negotiating rights agreement with Bay West Group for post develop- ment of the Shearwater site. ~q-lS' :B A RESOLUTION AUTHORIZING AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH BAY WEST GROUP FOR POST DEVELOPMENT OF THE SHEARWATER SITE 14. Resolution amending FY 1995-96 Operating Budget to add appraisal services required for the restructuring of assessment district bonds. ..5'/2. 0 A RESOLUTION APPROVING BUDGET CONSENT CALENDAR RESOLUTION NO. 22-96 RESOLUTION NO. 23-96 RESOLUTION NO. 24-96 So ordered. Removed from the Consent Calendar by Mayor Drago because the identical action was not acted on by the Redevelopment Agency due to discussion in a Closed Session. RESOLUTION NO. 25-96 2/28/96 Page 4 AOENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. AMENDMENT 96-10 TO THE 1995-96 OPERAT- ING BUDGET TO ADD APPRAISAL SERVICES REQUIRED FOR THE RESTRUCTURING OF ASSESSMENT DISTRICT BONDS Motion to adopt an ordinance amending the Municipal Code related to sign regulations. ~'/g 7' AN ORDINANCE AMENDING SUBSECTION (h) OF SECTION 20.76.090 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO SIGN REGULATIONS Resolution authorizing an agreement with Caltrans for the Linden/Baden Avenues Traffic Signal Upgrade. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CALTRANS FOR THE LINDEN/BADEN AVENUES TRAFFIC SIG- NAL UPGRADE PUBLIC HEARINGS · Public Hearing - To consider ZA-96-001, an ordi- nance amending the Municipal Code related to the duration of Development Agreements; Public Hearing opened at 2/14/96 meeting and continued; Mo- CONSENT CALENDAR M/S Yee/Mullin - To approve the Consent Calendar with the exception of Items No. 4, 9 and 13. Carried by unanimous voice vote. Vice Mayor Fernekes stated he wanted candidates accountable for their signs in County and State elections and signs are cropping up now for the March elections that are in violation of our ordi- nance. City Manager Wilson stated the City Clerk had written today to all candidates for County and State Office affecting this City to alert them of our sign ordinance. M/S Fernekes/Yee - To adopt the Ordinance. ORDINANCE NO. 1177-96 Carried by unanimous voice vote. Councilman Tee stated he suggested to staff to include a right turn lane only north bound on Linden to Baden, because today there is a vacant lot, but it will not be in the future. Consensus of Council - To add to the Project a right turn lane, only north bound, on Linden to Baden. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 26-96 Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago reopened the Public Hearing. 2/28/96 Page 5 AGENDA AC~!QN TAKEN ..PIJBLIC HEARINGS Public Hearing - Continued. tion to waive reading and introduce the ordinance. AN ORDINANCE AMENDING SECTION 19.60.180 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO THE DURA- TION OF DEVELOPMENT AGREEMENTS 16. Public Hearing - General Plan Amendment to allow fast food restaurants on E1 Camino Real between __ Westborough and Hickey Boulevards; GP-95-53 and Negative Declaration No. 803; Conduct Public Hear- ing; adopt resolutions. ,5"~ ~ ~ RESOLUTION OF THE CITY OF SOUTH SAN FRANCISCO CITY COUNCIL ADOPTING A MIT- IGATED NEGATIVE DECLARATION AND AP- PROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN OF THE CITY OF SOUTH SAN FRANCISCO TO ALLOW FAST FOOD DRIVE-THRU RESTAU- RANTS TO LOCATE ON EL CAMINO REAL NORTHERLY OF WESTBOROUGH BOULEVARD IN COMMERCIAL CENTERS A RESOLUTION APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENER- AL PLAN OF THE CITY OF SOUTH SAN FRAN- CISCO TO ALLOW FAST FOOD DRIVE-THRU RESTAURANTS TO LOCATE ON EL CAMINO REAL BETWEEN WESTBOROUGH AND HICKEY BOULEVARDS IN COMMERCIAL CENTERS PUBLIC HEARINGS Director of Economic & Community Development VanDuyn related: this ordinance provides the Council with the opportunity to make a determina- tion on the term of development agreements on a case-by-case basis; bring the City's regulations into consistency with State law with regard to develop- ment agreements; there is currently a five year duration for these agreements that may be extended to no more than ten years; etc. Mayor Drago invited those wishing to speak for or against the item to step to the dias - no one did and he closed the Public Hearing. M/S Yee/Penna - To waive reading and introduce the ordinance. Carried by unanimous voice vote. Mayor Drago opened the Public Hearing. City Clerk Battaya stated when she went to press with the Agenda there were two resolutions for this item, tonight there is only one resolution to be acted upon which has been further revised by the City Attorney on the mitigated negative declaration. City Attorney Mattas stated the action Council is considering tonight is only the General Plan Amendment which will allow fast food restaurants along a stretch of El Camino. The reason he is starting the report is because the Project itself has been heard by the Planning Commission and the Commission has approved it and recommended that Council approve the Amendment. He stated they made their approval contingent on Council's ap- proval of the General Plan Amendment. He stated the Planning Commission's decision was appealed very recently and there is a requirement for a public notice before the appeal of the Project is heard. The action is only on the General Plan, so the Council should only discuss the General Plan policy and not the particulars of the policy for they will come forward at the public hearing, that is contingent on the fact that the Council takes no action or affirmative action. If Council denies it then that boots out the appeal because it is contin- gent on it. 2/28/96 Page 6 ~ENDA ~TION TAKEN PUBLIC HEARINGS 6. Public Hearing - Continued. 2/28/96 Page 7 PUBLIC HEARINGS Councilman Yee stated, in the Attorney's resolution he talks about the area on El Camino between Westborough and Hickey. It seems to him you may want to change it to read El Camino north of Westborough Boulevard. City Attorney Mattas stated the staff report has the precise language, he amended the resolution that incorporates that language and Policy 29 as proposed makes it allowable along El Camino Real north of Westborough. Councilman Yee stated there is a conflict in the resolution with what the City Attorney was saying. City Attorney Mattas stated he could change the first paragraph to say to allow fast food drive-thru res- taurants northerly of Westborough and take out men- tion of Hickey. He handed out an amended resolu- tion that included an attachment that lays out the specific language of the General Plan Amendment. Director of Economic & Community Development VanDuyn related: the Planning Commission held a hearing for the General Plan Amendment to allow fast food restaurants along E1 Camino Real north of Westborough Blvd.; may be allowed subject to the use being integrated within a commercial center and being an accessory use to the principle use of the site; fast food restaurants are presently allowed on the south side of Westborough; this use will be at the corner of Hickey and El Camino; the fast food service is limited to drive thru-window service with seating up to a maximum of 20 persons; the limita- tion on seating is to keep the use accessory; Jack In The Box is a non-conforming use and will not be able to come in and meet this Policy; etc. Discussion followed: Kentucky Fried Chicken will also not conform to the General Plan Amendment; the new policy is for conventional delis and shops with no more than five tables; the Commission felt it should be quantified to be consistent with small restaurants; there are drive-thrus that exceed the twenty seat capacity; the intent is to not impact the neighborhoods; the Code allows fast food places south of Hickey, but this is a new expansion of a fast food restaurant; stand alone fast food places are allowed south of Westborough without seating; AGENDA _ACTIQN TAKEN _ P_UBLIC HEARINGS 6. Public Hearings - Continued. 2/28/96 Page 8 !19 PUBLIC HEARINGS was there consideration given to traffic counts that would be generated with this type of ordinance for traffic is generated even with only 20 seats; traffic consideration was given to the specific application and included in the analysis and negative declara- tion; are we trying to accommodate the business that is going to be successful and add services to the area or instilling regulations to businesses when we are not allowing them to survive with a 20 limit seating capacity when we have two establishments in the same area that exceed that; Councilman Yee stated the next fast food project that may take place will be the BART Station and he is not sure it serves Council's purpose to limit our future decisions; etc. Mr. Ted Simas, 2307 Pacific Avenue, urged the Council to approve the General Plan Amendment. Ms. Hema Patel stated they were located in the motel right in front of the proposed building devel- opment and there is already enough in the area with a Jack In the Box and a Chevy's. Mayor Drago stated tonight we are just dealing with an amendment to the General Plan and will not go into the proposed development, so if she had a problem with a project she had to wait for the public hearing. He stated the Council is dealing with the area from Westborough to Hickey so this can pertain to any parcel, but we don't want to get into any particular project. However, if this does not pass there is no reason for a public hearing because it will not be an allowable use and if it is passed then the public hearing will be in two weeks. Councilman Mullin felt the small subsidiary use was fine, even though he thinks we have our fill of fast food restaurants, but then the BART situation he had not thought about, wanted information on the possi- bility of them housing some fast food businesses and then look at a slightly different designation for that area. City Manager' Wilson stated he was not aware of any BART stations per se that have fast food uses incorporated, however, this particular site from the diagrams is going to have to buy a surplus of land larger than the project, so they don't have separate pieces and there will be sufficient land adjacent to A~ENDA A~TION TAKEN PUBLIC HEARINGS 6. Public Hearing - Continued. 2/28/96 Page 9 PUBLIC HEARINGS the station across the curb line where a commercial space could be build. He would assume some kind of fast food service could be built on the periphery of the project. Councilman Mullin stated this changes the General Plan, in his mind, and is ill at ease in voting. He is acceptive of the concept for it is not an impact to have a small subsidiary use, but perhaps he will ask for a postponement so he could have a site plan prepared of the area; etc. Mayor Drago closed the Public Hearing. Discussion followed: Councilman Penna did not have a problem with this particular project, howev- er, if you look at the Redwood City BART station it has a shopping center and even the one in San Fran- cisco is not like the suburbs; he did not want to encourage less seating and more traffic for he is not against the drive-thru window because it is a needed ingredient and we are trying to encourage people to use public transportation; Councilman Mullin was not adverse to changing the policy and leaving the description as it is, so it comes before the Council as stand alone or subsidiary use, but he does not want a string of fast food uses for that is not the intent nor would he vote on it; change the language where the use is compatible with the surrounding area; the seating would be determined on a case by case basis which includes the commercial center; that would meet Councilman Mullin's concerns. City Attorney Mattas read the following into the record changing Policy 29, "Fast food restaurants may be allowed along El Camino Real south of Westborough Boulevard. Fast food restaurants may also be allowed along El Camino Real north of Westborough Boulevard provided the use is acces- sory to the principle building or, use in the com- mercial center, and the fast food service provides, adequate parking and circulation facilities, and the site plan, building design, signage and landscaping are compatible with the surrounding area." He stated he would also make three minor changes in the resolution as raised by Councilman Yee. M/S Yee/Fernekes - To adopt the resolution on the A~ENDA ACTION TAKEN PUBLIC HEARINGS 6. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 17. Review of the mid-year Operating Budget for FY 1995-96. ._~ ! 2. D PUBLIC HEARINGS mitigated negative declaration as amended. RESOLUTION NO. 27-96 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Finance Brooks reported on this City's fiscal condition at the end of December 1995 and predictions as to how we will end the fiscal year: it is all good news, nothing negative for the current fiscal year and expect it will end in a positive fund; General Fund revenue is expected to exceed the current budget by. 16%; General Fund expenditures are expected to be less than the current appropriation level by 3.5%; Redevelopment revenues for all four projects are expected to exceed current budget by 40.2%; Redevelopment expenditures are expected to be less than current budget by 3.3%; Sewer Rental revenues for the WQCP are expected to exceed current budget by 4.4%; WQCP and sewer expendi- tures are expected to be less than current budget by 3.8%; City Service revenues for all three divisions are expected to equal or exceed the current budget; City Service expenditures for all three divisions are expected to be less than the current budget by 6.1%; results for FY 95-96 - General Fund +$420,000, Redevelopment Funds +$248,891, WQCP and Sewer Fund +$221,165 and City Service Funds +$195,227; etc. Discussion followed: the projections are conserva- tive and there is a decline in sales tax; is Macy's required to hold sales on a regular basis; yes, there was a requirement; Councilman Mullin remembered Macy's is under a mandate to have warehouse sales on a regular basis, but specifically on the warehouse use and that may have ended; Finance Director stated Macy's warehouse has retail sales in the southwesterly corner of the building every day; it would be nice to publicize those sales; business license tax is down this year and economic develop- ment efforts are needed to attract more businesses; Councilman Yee wants a summary report on the vacancies; City Manager will provide a report by department; police recruitment is in progress, however, we are losing police and fire personnel to other communities; Police Department is currently 2/28/96 Page 10 A~NDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Review of the mid-year Operating Budget for FY 1995-96 - Continued. ITEMS FROM COUNCIL 18. Appointment by the Mayor with concurrence of Council to the following Boards and Commissions: Parking Place Commission, Library Board, Cultural Arts Commission, Public Facilities Board and the Colma Creek Advisory Board. OOD AND WELFARE ADMINISTRATIVE BUSINESS fully staffed and has four people in the academy; devaluation of assessments; Finance Director stated it would be prudent to put $875,000 into deferred income to cover the loss of property tax next year when the devaluations hit; Councilman Yee wants a report showing fund balances, so he can tell how much is in the bank; Finance Director will get that for Council; Councilman Mullin is very impressed with the closeness of the Finance Director's predic- tions. ITEMS FROM COUNCIL M/S Mullin/Penna - To reappoint Barbara Ziegler to the Parking Place Commission; to appoint Valerie Clement to the Library Board; to appoint Glenda Ali and Pat Burke to the Cultural Arts Commission; to appoint Edward Bragg to the Public Facilities Board; to appoint Robert Lorenzini to the Colma Creek Advisory Board. Carried by unanimous voice vote. Councilman Yee suggested the Council set a policy that attendance is important and he wants the Coun- cil to have control for if a Boardmember misses a lot of meetings it is not fair to the rest of the Board. He also wants staff to set an orientation for new Boardmembers, because some Boards like Colma Creek are very complex. Councilman Penna agreed. City Attorney Mattas stated he will report back on any existing policy on attendance. Mayor Drago asked that the subject be agendized and he wanted the secretary of each Commission to compile a summary of who attends. Discussion followed: do we have training now, because the League of CA Cities does; the City does, but not on a regular basis and it is usually done by staff; Mayor Drago suggested appointing people three months in advance; etc. GOOD AND WELFARE Councilman Mullin related: that he tried to attend 2/28/96 Page 11 A~ENDA A~TION TAKEN GOOD AND WELFARE CLOSED SESSION 18. Closed Session: pursuant to GC 54956.8, conference with real property negotiator regarding 820 Tennis Drive, concerning price and terms of payment - negotiating party Mazzanti; pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Director of Personnel and City Attorney on labor matters for all employee organizations. DJOURNMENT: ! 23 GOOD AND WELFARE the Library's Tuesday meeting, however, the door was locked; he wants all agendas for all Boards and Commissions included in his packet; the change in zoning on El Camino Real brings up the fact that there is trash all over, yet it is an entrance to the City and should be cleaned up. Councilman Yeo stated it is dirty on El Camino Real north of Arroyo and El Paso and he feels money should be spent to improve it and landscape the strip. Councilman Penna related: received his insurance premium for earthquake insurance which has not exceeded $200, yet it is now $1,200; he is preparing a letter to Congressman Lantos on insurance compa- nies; they think S.S.F. is an industrial area and is built on fill; they are discouraging earthquake insur- ance through the cost and the 15% deductible; a 15% deductible could equate to $45,000 that most people don't have; people with major losses will walk away from their loans; Federal Government prohibits collusion, yet insurance companies are doing it; encourage everyone to write their legisla- tors about insurance costs. Discussion followed: "bare bones coverage"; best prevention is to make sure a house is secure by get- ting technical assistance so the house will stand up if properly anchored during an earthquake. CLOSED SESSION Removed from the Agenda under Agenda Review. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:30 p.m. 2/28/96 Page 12 A~ENDA ACTION TA~ !24 RESPECTFULLY SUBMITrED, Barbara A. Battaya, City Clerk ~/' City of South San Francisco APPROVED. San Francisco 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. 2/28/96 Page 13