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HomeMy WebLinkAboutMinutes 1996-06-26 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ~lohn R. Penna Robert Yee CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: RESENTATIONS AGENDA REVIEW City Manager Wilson Requested: Remove Items 3, 11 and 15. Advance Item 16 after Item No. 17. Advance Item 17 after Community Forum. ORAL COMMUNICATIONS 6/26/96 Page 1 MINUTES City Council Municipal Services Building Community Room June 26, 1996 ACTION TAKEN 7:45 p.m. Mayor Pro Tem Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: Drago. City Clerk Battaya stated she was informed this evening by the City Manager that Mayor Drago was unable to attend tonight's meeting. The Pledge was recited. Lay Minister Cantley, Grace Covenent Church, gave the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Eva S. Pitts, 905 Hemlock Ave., stated she wanted the City Engineer to see what the water does when it rains, for she is the lowest level on the block and gets run-off from 13 other houses on the block. Mayor Pro Tem Fernekes directed the City Manager to look into the matter and report back to Council with any findings from the City Engineer. Mr. Tom Forslund, 28 Arlington Dr., related: a few weeks ago he attended a Council meeting and heard a statement from a concerned citizen regarding ORAL COMMUNICATIONS COMMUNITY FORUM 6/26/96 Page 2 ORAL COMMUNICATIONS the Molieri public hearing; the citizens was con- cerned that the Council did not address, as namely accused by that citizen, the different standards that seem to be applied regarding officers accused of misconduct, which is different for Hispanic and non- Hispanic officers; there is a large transcript of these proceedings which only the Mayor and Councilman Yee have read, yet in reading minutes of meetings he has failed to hear of other Councilmembers read- ing the transcript; it was said that the City Manager is the Police Department's watchdog; that person has either not been on the job for a very long time or is not doing his job very adequately; have all members of the Council read the transcript; he does not feel all concerns in the transcript were addressed in the City Manager's investigation; he understands there is rather a large lawsuit that is possibly facing the City concerning this matter. Mayor Pro Tem Fernekes read the following state- ment: following receipt of Officer Molieri's allega- tions the City Manager authorized an independent investigation that was conducted over six weeks; it included interviews with 49 individuals and review of relevant City documents; the investigator con- eluded that the allegations of discrimination and retaliation were without merit; a summary of the investigation results is available for public review. He stated, since the report contains personal infor- mation, which State law limits a City's liability to release, the City Attorney has advised that we should not release the entire report, also, given the unfounded allegations serve as a basis of a $3 mil- lion claim, our City Attorney has requested that any further questions be referred to him. COMMUNITY FORUM Councilman Mullin stated he and Councilman Penna met yesterday with two of the twelve Council- members from Pasig, the soon to be sister city in the Philippines and presented pins to the Council. Councilman Penna gave a letter for the Mayor to the Vice Mayor, and explained three of our Councilmembers work full time during the day and the other two have commitments and cannot go to Pasig. AGENDA ACTION TAKEN ITEMS FROM COUNCIL 7. Appointment of Joan Marvier to the Peninsula Li- brary System Advisory Board by Mayor Drago with the concurrence of Council. 5'02 ADMINISTRATIVE BUSINESS 16. Resolution approving revised Conditions, Covenants and Restrictions for the Terrabay Development Pro- ject. ~O ~ A RESOLUTION APPROVING AMENDED CONDITIONS, COVENANTS, AND RESTRIC- TIONS FOR THE TERRABAY DEVELOPMENT PROJECT CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 6/12/96. 2. Motion to confirm expense claims of 6/26/96. Motion to accept the Aircraft Noise Insulation Pro- gram Phase IX as complete in accordance with the plans and specifications. ITEMS FROM COUNCIL M/S Penna/Mullin - To appoint Joan Marvier to the Peninsula Library System Advisory Board as rec- ommended by Mayor Drago. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Attorney Mattas related: as part of the subdi- vision approval process on the CC&Rs for Terrabay Village and Terrabay Park Project, the Developers have drafted new CC&Rs because of changes to the law in the Department of Real Estate regulations that required updates; Sunchase is the Master Developer and owner of the site; there was a need for delinea- tion of Master Assoc. requirements and Subdivision Association requirements; they have broken down what were separate CC&Rs into three; the CC&Rs have been found to be in conformance to Municipal Code by all city departments and all recommended changes by staff have been made; he described the various documents received by Council; etc. City Engineer Wong circulated drawings for Council to have a visual knowledge of the project. Discussion followed: Councilman Mullin expressed concern that the documentation was equal to 3 large books and wants more time to review this type of volume in future; Councilman Yee stated he would not vote on this issue tonight for the same reason and Councilman Penna agreed; Councilman Mullin had questions before he saw tonight's CC&Rs; Councilman Yee wants a summary highlighting the changes in the CC&Rs; Mayor Pro Tern Fernekes stated it will be continued and a summary provided to Council for the next meeting. CONSENT CALENDAR Approved. Approved in the amount of $1,981,955.95. Removed from the Consent Calendar by the City Manager under Agenda Review. 6/26/96 Page 3 A~ENDA ACTION TAKEN CONSENT CALENDAR ¢. Motion to approve the advertisement for bids for the Carnegie Library Seismic Project. ,b-0 KD Motion to adopt an ordinance related to attendance at regular meetings by Parking Place Commissioners. £131 AN ORDINANCE AMENDING SOUTH SAN 51/~-7 FRANCISCO MUNICIPAL CODE SECTION 2.64.030 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY PARKING PLACE COM- MISSIONERS Resolution approving a ground lease with Robert and Kathleen Giorgi for Baden and Linden Avenues, continued from the 6/12/96 meeting. A RESOLUTION APPROVING A GROUND LEASE BETWEEN THE CITY AND ROBERT AND KATHLEEN GIORGI FOR PROPERTY ON BADEN AVENUE IDENTIFIED AS APN NO. 012- 335-600 Resolution approving the Owner Participation Agree- ment with Robert and Kathleen Giorgi for Parcel No. 012-335-059 and 012-335-610, continued from the 6/12/96 meeting. A RESOLUTION APPROVING AN OWNER PAR- TICIPATION AGREEMENT BETWEEN THE CITY, REDEVELOPMENT AGENCY AND ROB- ERT AND KATHLEEN GIORGI FOR PARCEL NOS. 012-335-590 AND 012-335-610 (S/E CORNER OF BADEN AND LINDEN AVENUES) Resolution approving award of plan check service contract for the Chestnut Estates Subdivision to Santina & Thompson, Inc. ~7~ A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH SANTINA & THOMPSON, INC. FOR PLAN CHECK SERVICES FOR THE CHESTNUT ESTATES SUBDIVISION Resolution approving a modification to the Grant of Easement and Agreement Document substituting Greystone Properties as the party indemnified under the Agreement upon their acquisition of the McLellan properties. 5'0~ q CONSENT CALENDAR Approved. ORDINANCE NO. 1187-96 Removed from the Consent Calendar and continued by the City Manager under Agenda Review. Removed from the Consent Calendar and continued by the City Manager under Agenda Review. RESOLUTION NO. 100-96 6/26/96 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION APPROVING A MODIFICATION TO THE GRANT OF EASEMENT AND AGREE- MENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE TRUSTEES IN OWNER- SHIP OF THE MCLELLAN NURSERY PROPER- TY DATED DECEMBER 29, 1989 PUBLIC HEARINGS 10. Public Hearing - Establishing fees for Oyster Point Grade Separation and revising the formula; conduct Public Hearing; adopt resolution establishing fees. .5'11 A RESOLUTION AMENDING THE OYSTER POINT GRADE SEPARATION PROJECT SCOPE AND THE OYSTER POINT CONTRIBUTION FORMULA CONSENT CALENDAR RESOLUTION NO. 101-96 M/S Yee/Perma - To approve the Consent Calendar with the exception of Items 3, 6 and 7. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Pro Tem Fernekes opened the Public Hear- ing. Director of Public Works Gibbs explained: the formula has been in place and fees collected for the Oyster Point Grade Separation Project; Council requested that the formula be revised and the staff report details how an average daily trip is derived; the variable factor in the formula and by stabilizing that formula it reduces the fee by some 22%. Discussion followed: $21.4 million needed for the two projects; notification of claims is $1.3 million; the fee is based on trip generation and the formula; Councilman Yee is concerned about changing the trip generation and categories; City is evaluating the project and reanalyzing the costs and there are an- nexes; under AB1600 City must reevaluate and make adjustments; were all property owners notified of this meeting; no, because it is a reduction in fee, however, Mr. Gibbs addressed the Chamber of Commerce; what is the index being used, it covers some 20 items and their growth; etc. Mayor Pro Tem Fernekes asked if anyone in the audience wanted to speak, and no one did. Further discussion followed: Councilman Penna feels the hook ramps are only of benefit to Bris- bane; the flyover changes the intersection; a hook ramp is part of the whole project, but ran into problems with Brisbane and, if it is going to be built, we will have to do built it. 6/26/96 Page 5 AGENDA ACTION TAKEN PUBLIC HEARINGS 0. Public Hearing - Continued. ',ECESS: RECALL TO ORDER: 11. Public Hearing - Appeal of the Planning Commission decision on SC-96-035 Burger King Corporation at the Ramada Inn, 245 S. Airport Blvd.; conduct Public Hearing; Motion to uphold the decision of the Plan- ning Commission and deny the appeal, b-O ,~-O 12. Public Hearing - To accept comments on the pro- posed amendments to the General Plan and the Zon- ing Regulations affecting City owned properties and the Mitigated Negative Declaration; Conduct Public Hearing; Motion to approve Mitigated Negative Declaration No. ND-96-032; resolution authorizing a General Plan Amendment; Motion to waive reading and introduce an ordinance amending the Zoning O Ordinance. -fi' -/ A RESOLUTION APPROVING A GENERAL PUBLIC HEARINGS Mr. Eric Tao, Avis, asked if a form of credit system is being implemented. City Manager Wilson explained the proportionate share and stated if there is a new use of a building it is only charged for an increase in trips. Mayor Pro Tern Fernekes closed the Public Hearing. Councilman Yee questioned if there is a category for storage of vehicles, noted there is not and felt it should be included with other items. City Manager Wilson suggested proceeding with this action and have staff come back at a later date with the other uses. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 102-96 Carried by unanimous voice vote. Mayor Pro Tem Fernekes recessed the meeting at 8:44 p.m. Mayor Pro Tem Fernekes recalled the meeting to order at 8:55 p.m., all Council was present. City Clerk Battaya stated a letter was received from Evergreen Assoc. asking for a postponement. M/S Mullin/Yee - To continue the Public Hearing to 7/10/96. Carried by majority voice vote, Councilman Penna abstained on the item. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Pro Tem Fernekes stated he may have a po- tential conflict of interest on the East of 101 Area Plan to allow monument signage and asked for advice from the City Attorney. City Attorney Mattas stated he would bifurcate items 1 and 3 of the resolution, which Mayor Pro Tern Fernekes may take part in, and he will step 6/26/96 Page 6 AGENDA ACTION TAKEN PUBLIC HEARINGS 2. Public Hearing - Continued. PLAN AMENDMENT (1) AMENDING POLICIES IN THE EAST OF 101 PLAN REGARDING DE- VELOPMENT IN OPEN SPACE AREAS AND ADJACENT TO SENSITIVE BIOLOGICAL RE- SOURCES; (2) AMENDING THE EAST OF 101 AREA PLAN TO ALLOW MONUMENT SIGNAGE OVER 12 FEET IN HEIGHT IN A CORRIDOR PARALLEL TO HIGHWAY 101 FOR VISITOR- SERVING USES; (3) AMENDING THE GENERAL PLAN TO ESTABLISH A CIVIC LAND USE CAT- EGORY; AND (4) AMENDING THE GENERAL PLAN LAND USE MAP TO DESIGNATE VARI- OUS CITY-OWNED PROPERTIES AS CIVIC-USE DESIGNATIONS AN ORDINANCE ADDING CHAPTER 20.64 TO TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND AMENDING SECTION 20.06.070 RELATED TO CIVIC ZONING DIS- TRICT REGULATIONS PUBLIC HEARINGS down from the podium during discussion of item 2. Mayor Pro Tem Fernekes opened the Public Hear- ing. City Attorney Mattas stated there is one resolution before Council that encompasses all items and, if it is the Council's desire, he will read into the record amendments to the resolution, so Council has before it two resolutions to appropriately deal with all three items. Director of Economic & Community Development Van Dyun gave his staff report: there are three general plan amendments before Council; the first one amends policies in the East of 101 Area Plan regarding development in open space areas and areas adjacent to known sensitive resources; the next establishes a civic land use category to designate City owned and operated sites; he proceeded to outline Council direction on the first two amend- ments to be taken on a case by case basis subsequent to appropriate environmental review; the ordinance basically provides a review process for hearings for future facilities and structures for land use; etc. Discussion followed: this is being done to follow the direction given by Council last October; on bay front properties adjacent to the bay; who is going to determine FARs on a case by case basis; evaluations for use permits and EIRs; mandatory resource eval- uations that must be done for habitat impact; the parking must be ancillary to the uses on the site; environmental check list; rational for a specific zoning for civic use is because our land uses do not distinguish civic uses in the General Plan; the Cor- poration Yard site is inconsistent with the General Plan and current zoning and this will correct all of the deficiencies; public recreation facility definition could be a fishing pier or something related to water for the City or the Harbor District; etc. Mr. Rusty Firenzi, Olympic Oil Co., stated that within the 100' easement is a 25' landscaping and public walkway and, if the City develops the proper- ty with the 100' attached, that may be part of what they are referring to as recreational use. Discussion followed: talk about impacts associated 6/26/96 Page 7 ~ENDA ACTION TAKEN PUBLIC HEARINGS 2. Public Hearing - Continued. A RESOLUTION APPROVING A GENERAL PLAN AMENDMENT (1) AMENDING POLICIES IN THE EAST OF 101 PLAN REGARDING DE- VELOPMENT IN OPEN SPACE AREAS AND ADJACENT TO SENSITIVE BIOLOGICAL RE- SOURCES; (2) AMENDING THE GENERAL PLAN TO ESTABLISH A CIVIC LAND USE CAT- EGORY; AND (3) AMENDING THE GENERAL PLAN LAND USE MAP TO DESIGNATE VARI- OUS CITY-OWNED PROPERTIES AS CIVIC-USE DESIGNATIONS (Revised Resolution~ PUBLIC HEARINGS with development; City Attorney Mattas suggested closing the public hearing and opening it up for Council discussion and he would read the revisions to the resolution, making it two resolutions. Mayor Pro Tern Fernekes closed the Public Hearing. City Attorney Mattas itemized the revisions to be made and stated he would provide two new resolutions to the City Clerk tomorrow morning. M/S Mullin/Yee - To adopt the Resolution with the modifications and Mitigated Negative Declaration No. ND-96-032. RESOLUTION NO. 103-96 Carried by unanimous voice vote. City Attorney Mattas stated Mayor Pro Tem Fernekes will step down from the podium (which he did at 9:20 p.m.) and, because there will not be a Mayor or Mayor Pro Tem the Council will choose a new Mayor Pro Tern to chair the meeting. After being selected as Mayor Pro Tern Councilman Penna opened the Public Hearing and asked for a staff report. Director of Economic & Community Development Van Dyun gave the staff report: the second amend- ment modifies the sign policy in the East of 101 Area Plan; the current policy does not allow monu- ment signs in excess of 12' high; existing sign re- quirements, however, allow the Planning Commis- sion to permit signage by use permit in excess of 20' within certain corridors that are travel oriented; the Planning Commission recommends modifying the travel oriented businesses categories for properties abutting 101 and frontage roads, such as Dubuque, So. Airport Blvd. or other sites determined to be within these corridors; etc. Mr. Rusty Firenzi, Olympic Oil Co., stated this was originally brought to the Commission by staff who 6/26/96 Page 8 AQENDA A~!!Q~ !AKIN PUBLIC HEARINGS 2. Public Hearing - Continued. A RESOLUTION APPROVING A GENERAL PLAN AMENDMENT (1) AMENDING THE EAST PUBLIC HEARINGS created a three way usage for travel oriented busi- nesses. His firm was in favor of something like this and commended the Council on reducing the Oyster Point fee formula tonight for the cost was prohibi- tive for a business to come into S.S.F. He feels the City would be better served to come up with a zone rather than leaving it discretionary on what abuts and what does not. An applicant is going to come and apply, thinking he fits the mold, be rejected and in turn appeal it to the City Council. He feels staff came up with a fair 1500' ban from the freeway and he wants to see it straight forward and see the words "discouraging free standing signs". If it has to come before the Commission let them make the determina- tion on whether it is free standing, monument or whatever, but he does feel the 1500' staff came up with is a good idea. His firm is going to spend $2.5 million, for every sign they have is appropriate to the location and the ordinance should help his firm. Mayor Pro Tem Penna closed the Public Hearing. Discussion followed: the only change is the word- ing, signs over 12' are not allowed; the italicized writing is all the new wording on page 4 of the staff report; split Commission votes came on defining or limiting an area where they wanted to issue discre- tionary permits for those additional heights; the concern is the word "abuts" which can be interpret- ed loosely; staff recommended a travel oriented zone would be the designated corridor from which an application may be received and gas stations, mo- tels, hotels and restaurants fall into that category; the 15' is consistent with the alignment of Gateway Bird; a sign in Petaluma that over shadows the freeway and Councilman Mullin does not want that happening here; the area of impact and visibility to 101; the Commission did not believe the Gateway area was a suitable area for signage, particularly out to Gateway Blvd. which is a long way from 101; there is no longer a State law for signs to be within so many feet from a freeway; the Planning Commis- sion did not approve the 1500' corridor, but staff included it within Council's packet; Councilman Yee's reaction was that 1500' is too wide; Embassy Suites has a sign on the building; etc. M/S Mullin/Yee - To adopt the rewritten resolu- tion. 6/26/96 Page 9 AGENDA ACTION TAKEN PUBLIC HEARINGS 2. Public Hearing - Continued. OF 101 AREA PLAN TO ALLOW MONUMENT SIGNAGE OVER 12 FEET IN HEIGHT IN A CORRIDOR PARALLEL TO HIGHWAY 101 FOR VISITOR-SERVING USES (Rewritten Resolution by the City Attorney) ADMINISTRATIVE BUSINESS 13. Resolution approving the Fiscal Year 1996-97 South San Francisco Conference Center Authority Budget. A RESOLUTION APPROVING THE SOUTH SAN FRANCISCO CONFERENCE CENTER AUTHORITY FISCAL YEAR 1996-97 BUDGET 14. Resolution authorizing an agreement with BART to reimburse the City for certain design related services associated with the BART Extension Project. A RESOLUTION DIRECTING THE CITY MAN- AGER TO EXECUTE AN AGREEMENT WITH BART TO ENABLE BART TO REIMBURSE THE CITY FOR DESIGN SERVICES RELATED TO THE PROPOSED BART-SFO EXTENSION PUBLIC HEARINGS RESOLUTION NO. 104-96 Carried by majority voice vote, Mayor Pro Tern Fernekes abstained. M/S Yee/Mullin - To waive reading and introduce the ordinance. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of the Conference Center O'Toole gave an in-depth staff report on the Center's operations and budget. Councilman Yee stated he wanted to see revenue from the TOT before the Conference Center Meas- ure C revenue increased the revenue. Discussion followed: maintenance fund to replace carpets or capital improvements; where is the de- preciation in the budget; fund balance was recon- ciled back to the depreciation accounts by the audi- tors; why isn't there a capital improvement fund; what is the percentage of out of towners' use eom- pared to localites using the center; the specific type of chairs required by the International Assoc. of Conference Centers to join their association. M/S Penna/Yee - To adopt the Resolution. RESOLUTION NO. 105-96 Carried by unanimous voice vote. M/S Penna/Mullin - To adopt the Resolution. RESOLUTION NO. 106-96 Carried by unanimous voice vote. Councilman Yee suggested making one of the doors to the atrium non-automatic to reduce noise. 6/26/96 Page 10 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 15. Discussionstatus. of Terrabay building permit issuance.5..O 16. Resolution approving revised Conditions, Covenants and Restrictions for the Terrabay Development Pro- ject. ~-~' A RESOLUTION APPROVING AMENDED CON- DITIONS, COVENANTS, AND RESTRICTIONS FOR THE TERRABAY DEVELOPMENT PROJECT ITEMS FROM COUNCIL 17. Appointment of Joan Marvier to the Peninsula Li- brary System Advisory Board by Mayor Drago with the concurrence of Council. GOOD AND WELFARE LOSED SESSION 18. Closed Session pursuant to GC 54956.8, real property negotiations for acquisition of property of the Confer- ence Center and for the extension of the Magnolia right-of-way at North Canal; GC 54957.6, to meet with its designated representatives - City Manager, Director of Personnel and City Attorney on labor matters for the Fire Department personnel. RECALL TO ORDER: ADJOURNMENT: ADMINISTRATIVE BUSINESS Councilman Mullin suggested oiling the doors. Removed from the Agenda by the City Manager under Agenda Review. Handled earlier on the Agenda. ITEMS FROM COUNCIL Handled earlier on the Agenda. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:20 p.m. to discuss the items noticed. Mayor Pro Tem Fernekes recalled the meeting to order at 11:27 p.m., all council was present, no action was taken. M/S Penna/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:28 p.m. 6/26/96 Page 11 A~ENDA ACTION TAKEN _,,,RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cleri(,/ City of South San Francisco APPROVED. ~_/zac.'~c .._~ Ej,.?go, Mayor ~ /'City 0f South 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. 6/26/96 Page 12