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HomeMy WebLinkAboutMinutes 1997-04-23 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin "tohn R. Penna Robert YeP MINUTES Recreation and Park District Municipal Services Building Community Room April 23, 1997 SPECIAL MEETING RECREATION AND PARK DISTRICT OF THE CITY OF SOUTH SAN FRANCISCO APRIL 23, 1997 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the Recreation and Park District of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23th day of April 1997, 7:05 p.m., at in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Motion to approve the Minutes of the Special Meeting of 12/18/96. Resolution approving a joinder to the lease between Raiser, LLC and the San Mateo County Harbor District. A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A JOINDER AGREEMENT RELATED TO THE LEASE BETWEEN THE SAN MATEO HARBOR DISTRICT AND RAISER RESOURCES LLC 3. Resolution authorizing execution of a ground lessor related to the Oyster Point Marina Inn property. A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT OF GROUND LESSOR RELATED TO THE OYSTER POINT MARINA INN PROPERTY 4. Adjournment. City of South San Francisco Dated: April 17, 1997 AGENDA ACTION TAKEN CALL TO ORDER: 0LL CALL: (Cassette No. 1) 7:11 p.m. Chairman Fernekes presiding. Boardmembers Present: Datzman, Mullin, Penna, Yep and Fernekes. Boardmembers Absent: None. 4/23/97 Page 1 AGENDA ACTION TAKEN Motion to approve the Minutes of the Special Meeting of 12/18/96. Resolution approving a joinder to the lease between Raiser, LLC and the San Mateo County Harbor Dis- trict, c5' I A RESOLUTION AUTHORIZING THE EXECU- TIVE DIRECTOR TO EXECUTE A JOINDER AGREEMENT RELATED TO THE LEASE BE- TWEEN THE SAN MATEO HARBOR DISTRICT AND RAISER RESOURCES LLC Resolution authorizing execution of a ground lessor related to the Oyster Point Marina Inn property. 5/ A RESOLUTION AUTHORIZING THE EXECU- TIVE DIRECTOR TO EXECUTE AN AGREE- MENT OF GROUND LESSOR RELATED TO THE OYSTER POINT MARINA INN PROPERTY 303 M/S Yee/Mullin - To approve the Minutes of the Special Meeting of 12/18/96. Carried by unanimous voice vote. City Manager Wilson stated this item is not prepared and should be struck from the Agenda, and it will be pulled off the Council Regular Agenda. Chairman Fernekes agreed. City Attorney related: this is an agreement of ground lessor asking the Recreation & Park Dis- trict and the Council to authorize the subord- inant of the ground lease for the Oyster Point Mari- na Inn and the Oyster Point Business Complex; it is between John King, who is the purchaser of those properties out there, and his banker Allied Com- mercial and the San Mateo County Harbor District; the agreement, if authorized, would allow Mr. King to mortgage the loan, the leasehold interest only; the City has a fee interest in that property, we own the land, but the City by virtue of the JPA with the Harbor District allows them to be the lessor until 2025 and the City becomes the lessor after that unless the JPA is extended; the mortgage that is talked about here is a mortgage for the leasehold only, and is a more common way for the property for the lessee to obtain financing for improvements or additions to their development; under the terms of this agreement of ground lessor it will allow encum- brances of the loan and require consent of the lender prior to extension of the lease and would allow King to assign his interest to another party without the approval of the District or the City, but it does not free them, they are still obligated to all the terms of the lease; typically when a lending institution issues a deed of trust or a mortgage they like to be able to take the property under default and transfer it as quickly as possible, but whoever it transfers to would have to meet the obligation of the lease; there is an item in the staff report that talks about the lender not being liable for the past due rents - that point is being addressed by the Harbor District, for they want them liable and that will drop out of here in the Harbor District's final document; lastly the agreement provides that in the event King defaults 4/23/97 Page 2 AGENDA Resolution - Continued. 4/23/97 Page 3 ACTION TAKEN .,-, 304 on the lease the lender may step in and continue to make the rental payments, operate the hotel and other facilities on site; and he recommended the Agency adopt the resolution. Boardmember Yee stated he wanted the following on the record: clearly the City of S.S.F. owns the land, Oyster Point, and his concern is if Mr. King defaults he wants to be sure that the lender does not have title to the land. City Attorney Mattas stated that is exactly what this agreement provides. What is being provided as security for the loan is the lease, not the land, and it has the right to occupy the land during the period of time of the lease and the City continues to retain ownership of the land. Boardmember Yee wants to make sure that question and answer is on record. His second concern: when he looks at the agree- ment on page 1, agreement of ground lessor, there is no -- the City of S.S.F. is not party to the lessor, only Oyster Point, but on the last page we authorize the City Manager to sign, so why are we not party to the agreement. City Attorney Mattas stated we are in fact, but under the terms of the agreement, JPA, we have granted them the right to lease property, they are technically the lessor and we are the successor until 2025 if it is not extended we become the lessor. Our signature on the lease is actually our concurrence to the Har- bor District to enter into the agreement. Boardmember Yee stated, normally an agreement identifies who is the lessor and lessee, so when he looks at the first page the Harbor District is identi- fied as the lessor and the City of S.S.F. is not and he feels that should be included as successors, so the relationship is clear. City Attorney stated the City could be included as the successor. Boardmember Mullin had circled the same item in his preparation for the meeting and wondered if it is a standard practice that there is no approval by the City for the lease to go to another party. He stated the Attorney had clarified the point that they are AGENDA ACTION TAKEN o Resolution - Continued. ADJOURNMENT: beholden to all the terms of the lease, but if there was a successor to the lease, in the case of a default, and the lending institution brought in someone and we don't like them, we don't have control. He questioned if that was standard procedure. City Attorney Mattas related: yes, in the context of loans by commercial institutions they do not want to be put at risk at anyone's discretion to not approve and that is common in a commercial transaction; we do retain the right to approve assigners or successors in a voluntary transfer to another party; e.g., if King sells to another party, so this is only in the event of default. Councilman Penna stated if King defaults on the loan and the lender takes over the operation and hires anyone they want, continues the operation until they sell that operation and we have to sit back and we would not be any part of any of this. City Attorney Mattas stated yes, the only time we become active is if he leases to another. M/S Penna/Yee - To adopt the Resolution. Boardmember Yee stated, with the understanding that the City Attorney is going to add his comments to the agreement about the City being successors. RESOLUTION NO. RPD-29-97 Carried by unanimous voice vote. M/S Penna/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:25 p.m. 4/23/97 Page 4 AGENDA ACTION TAKEN 306 ,, ~ESPECTFULLY SUBMITTED, Barbara A. Battaya, City .Cl.erk~ Recreation and Park District City of South San Francisco APPROVED. Josfil~h A. [ernekes, Re~Jeation and Park District City of 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. 4/23/97 Page 5 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin .... -Iohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room April 23, 1997 307 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APRIL 23, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23rd day of April 1997, at 7:15 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session, pursuant to GC 54956.9, conference with legal counsel on pending litigation - United Anglers vs. City of South San Francisco. Dated: April 17, 1997 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: RECESS: ECALL TO ORDER: AGENDA (Cassette No. 1) ACTION TAKEN 7:23 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. Mayor Fernekes stated he would recess the meeting until after the regular City Council meeting, and called the recess at 7:24 p.m. Mayor Fernekes recalled the meeting to order at 11:12 p.m., all Council was present. 4/23/97 Page 1 AGENDA Closed Session, pursuant to GC 54956.9, conference with ,,gal counsel on pending litigation - United Anglers vs. :ity of South San Francisco. ~' / fi" 3 Councilman Penna Left the Closed Session at 11:23 p.m. and did not return to the meeting. RECALL TO ORDER: ADJOURNMENT: ACTION TAKEN Council entered a Closed Session at 11' 13 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 11:45 p.m., all Council was present except Coun- cilman Penna, direction was given and no action was taken. M/S Mullin/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:46 p.m. RESPECTFULLY SUBMITTED, ' ~ City~ A. Battaya, ~ ity of South San Francisco APPROVED. ~o~r; ;kn; ~,r aMn ;iYs;; 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. 4/23/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin ...... -lohn R. Penna Robert Yee MINUTES 309 City Council Municipal Services Building Community Room April 23, 1997 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APRIL 23, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23rd day of April 1997, at 7:20 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Motion, after consideration, to select Power Service Aggregator, and direction to staff to commence contract negotiations with the company recommended by the subcommittee, "First Point Utility Solutions, Inc., a Portland General Company." Dated: April 21, 1997 City Clerk . ~,/ City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Motion, after consideration, to select Power Service Aggregator, and direction to staff to commence contract negotiations with the company recommended by the sub- committee, "First Point Utility Solutions, Inc., a Portland --eneral Company." 50 5~ 5; ACTION TAKEN 7:27 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. City Manager Wilson gave the staff report: the City received 17 RFQs from interested companies to supply electricity to SSF; this was condensed to a list of five major companies with solid reputations in the electrical business; the Subcommittee of Mayor Fernekes and Vice Mayor Mullin, staff and our con- sultant RMI reviewed the proposals; the Sub- committee's recommendation was First Point Utility 4/23/97 Page 1 AGENDA ACTION TAKEN Motion - Continued. 4/23/97 Page 2 3i0 Solutions, Inc., a Portland General Company; the recommendation is for Council to direct staff to commence contact negotiations with Portland Gener- al Holdings as preferred electrical utility partner and final action will be taken after further discussion at the next City Council meeting. Councilman Yee wanted to know why they chose First Point Utility, for he needed more than the staff report and the Subcommittee recommendation. City Manager Wilson stated the key point is that Portland General is a full service utility and has the ability and experience to not only generate and distribute, but has the tools to assist the community. We also reviewed the rates and preliminarily, they are below PG&E's rates for the community. So, having looked at the objectives of lower rates, full service and reliability, and they advance funds for education of the community picked that firm. Councilman Mullin stated they interviewed all five firms, each interview was an hour and at the end of that this firm and Bonneville stood above the rest. Portland General won out because they put together a more comprehensive presentation and spent time in the community to be more specific on the approach- es they could use to take an aggressive hand in the change over. He felt they were better than the other three and Bonneville. They all brought very exten- sive background information and any of the five would be able to bring into play an excellent pro- gram, but Portland General did make the strongest presentation but all are capable. Mayor Fernekes concurred, after the six hours of interviews, and Portland was a step over Bonneville, a step above the rest and this is also the recommen- dation of the City Manager and the Director of Economic & Community Development. Discussion followed: Councilman Yee noted that PG&E has provided service for a long long time, but obviously they did not make the cut; City Man- ager stated the PG&E proposal was fine and they are good community players, but it was his opinion that the other five proposals were more direct; PG&E will remain in this area and they will be the provid- ers to submit the power, they have a subsidiary that offers reduced service and they will be competitors; we are trying to give the community an alternative AGENDA ACTION TAKEN Motion - Continued. ADJOURNMENT: 311 and for the first time the community will have a choice; staff will come back to Council for final agreement on a MOU at the next meeting and bring back Portland General with an over view; the MOU calls for additional negotiations because the regula- tions are still revolving and are still being defined, etc. Consensus of Council - Direction was given for staff to commence contract negotiations with Portland General Holdings as the preferred utility partner. MIS Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:35 p.m. RESPECTFULLY SUBMITTED, arbara A. Battaya, City Clerk ity of South San Francisco APPROVED. Jo!~ph A.~Fernekes, Mayor~. Cit~' of 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. 4/23/97 Page 3 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin lohn R. Penna Robert Yee MINUIE_S City Council 312 Municipal Services Building Community Room April 23, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS - ~-oclamation - Older Americans Month - May 1997 - ne Keifer and Rita Sandin AGENDA REVIEW City Manager Wilson Requested: - Remove Item No. 4 from the Agenda. Mayor Fernekes Requested: - Move Item//17 after the Consent Calendar. ORAL COMMUNICATIONS ACI!QN TAKEN 7:50 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Penna, Yee and Fernekes. Council Absent: None. The Pledge was recited. Rev. Francisco Baltadano, Mission del Espirito Santo, gave the invocation. PRESENTATIONS Mayor Fernekes read the Proclamation aloud and presented it to June Keifer and Rita Sandin. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Ms. Deirdre Koulakis, 246 Longford Dr., read the following letter into the record, as a matter of public record, from the West Winston Manor Community Assoc., "We are here tonight to express our con- cerns and opposition to the proposed expansion of the Regency Apartment site off of King Drive in Daly City onto the south end of the Serra Vista School site. Serra Vista School, as you may or may not know, was closed approximately five years ago. The school site is zoned R-1 for single family homes only. The property was zoned R-1 on No- vember 13, 1980. The proposal, as we understand it, would involve another company taking over the existing Regency Apts., upgrading them and adding 4/23/97 Page 1 &QENDA ORAL COMMUNICATIONS 4/23/97 Page 2 ACI!QN TAKEN ORAL COMMUNICATIONS on an additional 50 units to a portion of the Serra Vista School site. We understand that the Serra Vista School site prop- erty has not been declared surplus and this is simply a preliminary proposal presented by the Developer, but we are here to make our concerns known as a matter of public record. We have many concerns, first and by far our biggest concern is that it would require this portion of the school site to be either rezoned to multi-family dwelling or be annexed to Daly City. There may be other options I am not aware of, but we do know that at some point the land in question will be re- zoned. We feel strongly that rezoning this portion of the school site would set a precedence, an influ- ence attempt to rezone the remainder of the Serra Vista School site. We strongly disagree with this. Another concern we have in development of the Serra Vista School site is that of traffic, at present the only access to the site is Longford Drive. If that area was to be rezoned, the traffic on Longford Dr. would be horrendous and, with the coming of BART the traffic onto Hickey from Longford would be intolerable and unsafe. Before any section of the Serra Vista School site is portioned off we feel that it is essential that all efforts to find another ingress and egress to that site be made. The only other obvious ingress or egress that we can see would involve the area that is cur- rently under discussion in the Regency Apts. proposal. It would be our first hope that the Serra Vista School would be opened for educational pur- poses, however, if this does not happen and the land is developed we want it to be done responsively and with a master plan for the entire site. We do not want, under any conditions or circumstances, for Longford Dr. to be used as an access road to any development at that site. We are concerned about the safety of our children, protecting our property values, the impact of increased traffic and preserving the character of our neighborhood. Mr. John R. Devine, 203 Longford Dr., stated he has resided at that address for 44 years and was here representing the Winston Manor Association and his role is to provide a historical background mentioned AGENDA _ACI!Q_N TAKEN ORAL COMMUNICATIONS 4/23/97 Page 3 ORAL COMMUNICATIONS by the prior speaker. He related: in 1953 pioneer families, like many WWII veterans with two or three small children, sought the American dream, a modest home in the suburbs, a manageable mort- gage, a yard for the children to play in, a supportive community feeling, nice neighbors and a quality neighborhood school to send the children, but found something missing, no local school or plans for one; instead our children had to walk across a dangerous highway to attend, first Buri Buri and later El Rancho School; determined to be good citizens we swallowed our disappointment and began a long engagement with the S.S.F. Unified School District, which after years of hard work by our Community Association resulted in the building of Serra Vista Elementary School at the end of Longford Drive; homeowners were proud and appreciative of the teachers that served the children for 25 years; in 1978 the storm clouds came with rumblings of demographic changes in the general population, declining enrollments in elementary schools and hints that Serra Vista School was on a list of possi- ble school closures; there were countless hearings, meetings and petitions circulated; this tiresome, but necessary work by our Association leaders has two important effects - first it protected the school from closure for some twelve years and second led to a very important zoning decision; at a meeting of the Assoc. Boardmembers and with the support of then Mayor Roberta Teglia and Beverly Boblitt, Acting Planning Commissioner, it was resolved that the school property in question would be zoned for single family residential only; Boardmembers at that meeting were Adair Devine and Earl Pero, both of whom still live in the community and are here tonight while others are deceased; from 1991 to the present the current Assoc. Board has followed dose- ly the subsequent developments which led to the closure of Serra Vista in 1991 over the strong oppo- sition of the community; depressed by the loss of our school they have resolutely renewed their efforts to build both a physical and social environ- ment supportive of our efforts to achieve our eom- mon goal of living the good life with and for others in just institutions, and when they act unjustly the responsibility of trying to change them; as we ana- lyze, it is likely that the School property will be declared surplus thereby entering a process lead- ing to development, so, with all this background he AGENDA ORAL COMMUNICATIONS 4/23/97 Page 4 _AC_TIQN TAKEN .. 315 ORAL COMMUNICATIONS described, a new generation of young families come before you again seeking your support and encour- agement as they attempt to build and maintain a community quality of life best suited to raising their children along with helping us provide a protective environment for our elderly neighbors; again, he asked the Council to stand with them in opposition to any change in present single family zoning regula- tions and any annexation of the land now under S.S.F.'s control; he thanked the Council for the opportunity to address them on a matter of concern for all of the members of West Winston Manor. Mrs. Anna Sanchou, 232 Longford Dr., voiced her opposition to any possible rezoning or annexing of the land to Daly City and in the event the S.S.F. School District determines that the Serra Vista School is no longer necessary, the development of the site for anything other than high quality single family dwellings should not be allowed. She heard several possibilities for the use of the school site and was vehemently opposed to the land being rezoned or annexed to Daly City. The possibility of con- structing multi unit dwellings on any portion of the site would lower their property values and increase congestion depending on the access roads approved by the City. Future developers may be hesitant to construct single family dwellings on the site. She is concerned about the possible effect on crime rates on the neighborhood, other neighborhoods have been adamant about not having high density in their neighborhood and their concerns have been heard. Due to the location of their neighborhood being right on the border of S.S.F., somewhat isolated, we are sometimes referred to as the people over there, well she stands before the Council tonight to tell them we are not the people over there, we are resi- dents of West Winston Manor, members of the West Winston Manor Assoc. and we are voters in S.S.F. She and others applaud the selection of high quality, high caliber developers the Council is choosing to currently build in the City and are increasing the value of the homes in the current community and offering incentive for people to stay in the commu- nity and buy homes, which is a win win situation for everyone because of these high standards. Councilman Datzman noted the speakers walked AGENDA A~TION TAKEN ORAL COMMUNICATIONS 4/23/97 Page 5 .,. 316 ORAL COMMUNICATIONS through the issues very objectively. Councilman Mullin complimented the speakers, and on a personal note, Dr. Devine, who was one of his instructors at USF over 30 years ago and is just as articulate as he was when he was educating him in the early 1960s. Mayor Fernekes stated he received a phone call a few days ago from tho Assoc. to come to a meeting at one of the ladies homes in that section of town. He invited Jim Datzman, who is also on the Sub- committee, to sit down with us for we share the same concerns that the residents brought up for that area. He directed the City Manager to set up a joint liaison meeting with the School Board and have this be the topic of discussion, and find out the master plan for that site. He stated, in years past that was the requirement, that a master plan be given to the City, and he asked the Manager to send a notice of the liaison meeting to each of the speakers. He stated the Council was very supportive and will keep the residents informed before it comes to the City. Councilman Datzman complimented the 14 people attending the meeting, for the points covered and for walking them through the issues. Councilman Yee asked the City Manager to share any information he had with the audience on the proposal. City Manager Wilson related, some time ago the developer approached his Office with the prospective buyer of the apartments and his engineer, and they led out the scenario of purchasing five to six acres of that land as the speaker indicated about moving additional units on that site and using the balance for parking that would have to be relocated. We raised the issue with them about the impacts that would have on the balance of the property, therefor the impacts on West Winston Manor, and our instruc- tions to them was to go back and work with the the School District because we felt it was pretty obvious what the potential conflicts would be. That was the last we heard from the developer. He thought he went back to the School District to see if a master plan was developed, but we can follow it up and have the joint session. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 4/23/97 Page 6 317 ORAL COMMUNICATIONS Councilman Yee felt it was important that the people should know at what point we will make a decision, as far as annexation or zoning and so forth. He wondered if there is a point person that we can contact on the status of the project. City Manager Wilson related: the first thing that would have to happen, is for the District to declare this property surplus, that typically goes through a public process; that would have to occur before sending a proposal to the City and staff will put the District on notice of our concerns. Mr. Patrick Nobis, 125 Alden Glen, related: he was here two weeks ago with his concerns; he heard from a representative of Sunstream Homes, who appeared at the meeting before it was over; the representative clarified his statement that he had not had a meeting with the three Councilmen, Yee, Mullin and Fernekes; that he heard through the City Manager, Council's concerns and objections to the proposed wall and he is satisfied that there was no violation of the Brown Act and believes them; the Council was not involved, and he does not question their integrity at all. He brought up things that dovetail the prior subject of multi residential units and their behavior and showed a variety of debris that is still being thrown on his property by the apartment dwellers in Willow Gardens. When the Council talked about building the fence they said problems were being dealt with, yet socially we still have major problems and it is amazing no one has been hurt. There was supposed to be an ordinance to pass to make the landlords responsible - yet there has been no movement at all. He needs to know when something is going to hap- pen. City Manager Wilson noted that law enforcement was being felt and there is limited success. We are working with a non-profit agency to come up with a program, so we can have a sizeable effect with a change of ownership and hopefully, modification of the social activity. He knows that the City Attorney has met with a number of the property owners and has taken it back for modification of the social activities in that area and is coming up with a draft to include the rental property owners of the City. A~ENDA ORAL COMMUNICATIONS 4/23/97 Page 7 ACTION TAKEN _ 318 ORAL COMMUNICATIONS He stated there were questions and concerns and another meeting will be held before bringing the item to Council. We indicated this was a long standing problem and no short answers to stop the behavior of a lot of juveniles and hopefully, with a long term program in the neighborhood. Mr. Nobis stated he had asked to be a part of those meetings and has never been invited. City Attorney Mattas apologized and said he would make sure that does not happen again. Councilman Yee stated he wanted to make sure he understood what Mr. Nobis indicated - that you misunderstood the conversation with the representa- tive of Sunstream that three members of Council met with him - is that right. Mr. Nobis stated the way he understood it the repre- sentative knew going into the public hearing, be- cause there were meetings with the Council, that the proposed wall was not going to be part of the prop- erty. Mr. Nobis assumed that he had said meetings with the Council, then four Councilmembers were going to vote on it. Councilman Yee replied, so, you misunderstood what he said. Mr. Nobis replied yes, he could have said meetings with the City Manager and then the Council came up with the objections. Mr. Breen, Sunchase, stated sometimes developers are viewed with skepticism and sometimes we have times like tonight when we can deal with that. Sometimes its deserved, but sometimes we have opportunities to improve that where the economics of development can help the community. As you know we took over the Terrabay Project and have been working hard to get it underway, and getting Phase I developed and many houses are sold in the single family and town houses. As part of the over- all development of the Project we had some agree- ment with the City and they include providing some funds for child care facilities and library facilities and he presented the Mayor with a cheek for $700,000 for child care facilities in S.S.F. AGENDA ACT!QN TAKEN ORAL COMMUNICATIONS 4/23/97 Page 8 ORAL COMMUNICATIONS Mayor Fernekes stated it is not very often we re- ceive a check for $700,000 and we thank Sunchase for this money is coming earlier than was planned and their good faith gave this check early. A por- tion of it, $200,000 goes to the child care center that is relocated from the Avalon School which is being relocated to the Spruce location, and the additional will be for additional day care in the City, so again he thanked Mr. Breen for the $700,000 check. Mr. John Lewis stated he represented one of your police officer's, Danny Molieri. Some of you may be aware of what happened in here, in this room, last February, I defended Danny Molieri in that civil service case. I wrote a letter to Mr. Mattas, the City Manager and the former Mayor by certified mail, dated 3/14/96. The letter was to formally notify you that he is deeply concerned about the safety and well being of Officer Molieri. Both Officer Molieri and he request: that Council and other City officials take every step necessary to insure that there is no further retaliation against him, and his safety and well being will not be jeopardized in any manner; and that you provide in writing exactly what measures have been taken to insure no further retaliation will occur; and Officer Molieri's safety will be protected and please give this matter your earliest attention. He received a response, and is very glad there is a full house because these people are really concerned about their property values and what is going on with the City and they better start looking first and foremost at the police here and what is going on here. I received a response, dated March 26th, signed by Mr. Mattas saying, please be advised that the Police Department of the City of S.S.F. will take all reasonable steps, all proper backup response will be provided in S.S.F. for Officer Molieri. Guess what happened a year and a week later, April 7, 1997, Officer Molieri on the corner of Grand and Maple, right across from City Hall, was in the fight of his life. He was wrestling with a suspect that was trying to take away his gun, they requested backup help. He has been a police officer for long enough, way back when, for 20 years, to know that when a police officer requests help you stop the world and you get out there and you help. It wasn't done - why, why. I'll tell you why, the Police AGENDA ACTIQN TAKEN ORAL COMMUNICATIONS 4/23/97 Page 9 ORAL COMMUNICATIONS Dept. doesn't care about Danny Molieri. Danny Molieri filed a discrimination complaint, he filed a claim of retaliation and it has all gone unheard. He was concerned about this a year ago and now it has happened, he was hurt, he was off work, he just came back. He can't do anything, the doctor won't let him, he can't go out on patrol right now, and that's how the employees are treated. The family is here, they have been here regularly for the past year. What are you going to do to insure his safety when he goes back full time, what are you going to do to insure that he gets proper backup when it is requested. It is becoming a race issue, complaints have been ignored in the past. He is not going to give up on his fight, neither is his family, because they are doing what is right. There should be a zero tolerance policy in the City for discrimination and there should be a zero tolerance in this City for any acts of retaliation and there have been plenty. You can not allow this Police Dept. to treat Danny Molieri differently just because he is hispanic, and that is exactly what is happening, but it doesn't end there. He wants the taxpayers of the City to be aware that the Council is spending money, all kinds of money, and he invites the public to go down to find out the money being spent defending actions of the Police Dept. in Officer Molieri's discrimination complaint. The Council could be held accountable for this because you are writing the checks out in this and it is the taxpayer's money the Council is spending, not yours, but their's for they are the taxpayers. He hopes Council and the citizens will take a close look at it and get the facts as to what is going on here. This doesn't end just with Danny Molieri and the fact he is hispanic and works at the Police Dept. The women in that Dept., and he is talking about female police officers and clerks that are working in the Police Dept. They are also being abused, they are being discriminated against, being mistreated, it is intolerable and the Council should be held accountable for it. He brought these matters of Officer Molieri to the attention of Mr. Mattas and Mr. Wilson, and as a matter of fact, he had a private meeting with them and the former Mayor. He told them the buck stops AGENDA ORAL COMMUNICATIONS 4/23/97 Page 10 ACIIQN TAKEN . ORAL COMMUNICATIONS with Mr. Wilson, he is accountable, he can delegate responsibility, ultimately he is accountable for the actions of the Police Chief and the Police Dept. and nothing has been done. Now, you gentlemen, as City Council are accountable, you delegate responsi- bility to the City Manager and City Attorney, but ultimately you are accountable to the voters of this City about what is right and what is going on in that Police Dept. at the end of this building. He came back from a meeting today with a Federal agency, because of the inaction regarding a eom- plaint by one of the female employees of the Police Dept. He went to the Department of Justice and the National Organization for Women who are a few of the organizations extremely concerned with what is going on at the Police Department regarding female employees. It is intolerable, it really is, they are crying out for help and are trying to rid themselves of a hostile work environment. He is not talking about disgruntled employees gentlemen, because he invites you to go over there and check the work record of these female employees, they are loyal, dedicated, hard working female employees of that Police Dept., who have been there for years and should be treated in a respectful manner. There is a police officer whose husband is also an officer, and she was in tears at what the Police Dept. did to terminate her husband, because he com- plained about the discrimination against his wife and now he is no longer an employee. If the Council checks the attrition, who is employed and how fast they are leaving, it will point out they are leaving in droves and all of them have applications with other Police Depts, they want out because no one is doing anything about it. Mayor Fernekes stated one of the speakers he al- lowed to speak past the five minutes, but you are past that time and should summarize. Mr. Lewis related: one of the comments about the Police Chief when asked his location, he said he was surveying his kingdom; when the females eom- plained about the conditions of employment, his response was they could go and pound salt; gentle- men, he is not the king and they are not slaves and just because they are females he cannot treat them in A~ENDA ORAL COMMUNICATIONS 4/23/97 Page 11 ACTIQN TAKEN ORAL COMMUNICATIONS this manner; he wants them treated equitably and it is time the Council took the bull by the horns and did something about it. City Attorney Mattas responded to Mr. Lewis' statement: "Mr. Lewis is correct that we did write a letter on behalf of the City indicating that there would be no further retaliation and every event that Officer Molieri has offered as a complaint or a concern has been investigated, and there has been no further evidence or conclusions of retaliation against Officer Molieri; as the Council is aware Officer Molieri is currently engaged in a substantial Federal civil rights law suit against the City of S.S.F.; Mr. Lewis is aware of that also, and so, the issues and the opportunity to be heard, just like Mr. Lewis had the opportunity to be heard before the City's Person- nel Board, will be heard by a Federal Court and they will have their opportunity to make their case; this City hired an independent investigator with absolutely no ties to the City, who investigated all of the complaints provided by Officer Molieri before, and the independent investigator advised the Council and advised the members of the public that there was no substantiation for the complaints of discrimi- nation; Officer Molieri will have his day in Court, there is no question about that and that is where this issue should be resolved; this Council should feel confident that you have taken steps to investigate on an independent basis the allegations made involving Officer Molieri; I do not believe this Council to be derelict in any way in its responsibilities to the public or the taxpayer; the Council allowed the expenditure of funds to hire the independent investi- gator to insure that funds were being spent properly and that the Dept. was being operated properly and that all complaints were being investigated; with regards to the broad allegation of abuse against women and female employees, that is the first time that that allegation has been made that I am aware of; Mr. Lewis represents one female employee in the Dept., he has made some concerns known and those have either been dealt with through the ap- propriate MOU provisions or the process has been started or there have been appropriate investigations commenced, one of which would have involved a meeting between Mr. Lewis and the City's Person- nel Director, had the two of them been able to coordinate their schedules to coincide with Mr. A~ENDA ORAL COMMUNICATIONS 4/23/97 Page 12 _ACI!Q_N IA_KEN 323 ORAL COMMUNICATIONS Lewis' appearance here; the City informed the cli- ents and the officers that if they wished to com- mence such an investigation that they should contact the Director of Personnel and make arrangements; that communication went out at the end of March, it was received by the officers at the end of April and the first request that the City received was dated Sunday and faxed to us on Monday; so, it was not possible for the Director of Personnel to meet with Mr. Lewis who operates his business out of South- ern California, but the City stands ready to hold that meeting and to conduct any investigations brought by any employees to get to the bottom of the issues, and to understand the issues; I believe it is a gross over statement to suggest this is wide spread, in Mr. Lewis' words, abuse of female employees in the Dept.; there has been no indication of that from the employees themselves, we do have a complaint that a grievance was filed by one employee, who is represented by Mr. Lewis; as to the statement of the other officer, Officer Hutchings, being construc- tively terminated - that is not correct Officer Hutchings, to my understanding, voluntarily re- signed to take a position, I believe, with the San Jose Police Dept.; so, I believe the Council and the members of the public should understand those points; as I say, Officer Molieri will have his oppor- tunity to present his case in Court and that is where this issue will ultimately be resolved. Thank you Mr. Mayor." Councilman Yee stated there was another item re- garding the April 2nd incident, and asked for a copy of that police report. City Attorney Mattas stated, "if I may address that briefly Mr. Mayor, there is an investigation that is on-going onto that, there was, it was my understand- ing, an interview between the Dept. officials and Officer Molieri and Mr. Lewis I believe took place yesterday -- is my understanding. It took place yesterday because Mr. Lewis was not available to come here and represent his client until that time. I don't know frankly whether it was Mr. Lewis or Mr. Molieri's local attorney Mr. Schneider, but the purpose of the delay in that meeting was to accom- modate the schedule of Mr. Molieri's attornies. The City was prepared to conduct that investigation and interview with Officer Molieri very soon after the AGENDA ACTION TAKEN ORAL COMMUNICATIONS 4/23/97 Page 13 ORAL COMMUNICATIONS evem occurred, and very soon after Officer Molieri returned from injury -- disability leave -- injury leave. And so, we are commencing an investigation -- an investigation is on-going as to that issue right now, and when that is complete we can apprise the Council of the results of that to the very specific issue of inadequacy of backup." Councilman Yee asked when is the report going to be complete, approximately. City Attorney Mattas stated, "not exactly sure, if the Chief is here he will know for the investigation takes place in the Dept. initially, and they can file their report. I believe Officer Molieri may have been the last person to be interviewed in that pro- cess, although I don't know that. Police Chief Raffaelli stated the investigation was completed today, because they just interviewed Officer Molieri yesterday, and it was on my desk today and signed. Councilman Yee asked when it will come to Coun- cil. City Attorney Mattas stated, "Mr. Mayor, I would like to review that report before it goes out, there are -- as the Council is aware, the Council is entitled to see these reports possibly with your report later this week." Councilman Datzman stated this is one of several allegations that occurred over a period of time that is part of the continuing litigation. City Attorney Mattas stated, I! there have been a series of complaints, if you will, by Officer Molieri that have transpired over the course of the last year. They have all been investigated, this is the most recent event, it was a very serious event Officer Molieri was involved in a substantial detention of a suspect and it is being handled with the proper amount of respect for that event. So, this is one of a series, this is the most recent." Councilman Mullin stated he was disappointed, the television cameras managed to stay here and hear the attorney's presentation, but left when the City AGENDA ORAL COMMUNICATIONS ..ECESS: RECALL TO ORDER: COMMUNITY FORUM 4/23/97 Page 14 _AC_TIQ_N TAKEN - 325 ORAL COMMUNICATIONS responded and to him a balanced presentation is that that information is handled by the television camera so both sides are represented. It seems to him balance would be, and this is what he tries to teach his students in government class, to present both sides. The camera left as soon as the City made its responses to the charges that were made by the attorney. Ms. Figueiredo, Channel 14, stated they broadcast from San Francisco and the Police Chief is aware they are here and she has been asking him to talk to her to get a balance, so it is important for her to get both sides, in the past it has been difficult to get responses on tape, as well as with the City Attorney; but, as a journalist, she does her job and the fact that she stayed here is because she wanted to know how the City will respond while the camera- man did the other attorney; she is actually waiting for the meeting to break so she can interview both parties, but when there are these cases where some people don't want to talk; Councilman Mullin stated his statement stands. Mayor Fernekes declared a recess at 8:45 p.m. Mayor Fernekes recalled the meeting to order at 9:00 p.m., and all Council was present. COMMUNITY FORUM Mayor Fernekes related: communication from TCI regarding a large increase in prices for services had astonished him, for the increase for residential is 6.8% for the first 13 channels only; if you want more channels you pay, plus more for the expanded basic service, that increased $2.18 which is 14.5% increase; he finds this unacceptable, however, the rate payers have very little to say; the City needs an alternative and should look closely at San Bruno's cable service, so that we have an alternative for either you pay the rate or you don't have service and are paying for the purchase of new equipment. Councilman Datzman stated he was also concerned, for two weeks ago the City Manager had difficulty getting a meeting together with TCI, yet they say they are a part of the community - which is only true of the people at the line level. The General AGENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Adjourned Regular Meeting of 4/3/97, Special Meeting of 4/9/97 and the Regular Meeting of 4/9/97. 2. Motion to confirm expense claims of 4/23/97. 3. Resolution appropriating $2,718.75 to the Library Department Budget and authorizing an amendment to -- the Operating Budget. ~ ~ A RESOLUTION AUTHORIZING BUDGET AMENDMENT (NO. 97-16) TO THE 1996-1997 COMMUNITY FORUM Manager says we recognize that television is impor- tant tO you and are trying to bring it to you at the best prices. City Manager Wilson related it has been 30 days of effort and they say when they have the rates then they will mail it to us. He met with the other sur- rounding cities to have a request for proposals pre- pared, so we can retain a firm to do a feasibility to have an alternative - like San Bruno cable. Mayor Fernekes complemented Dennis Crossland, for being a good artist and for his hard work on the banner. Councilman Mullin related: the S.S.F. School District is holding a Net Day III; the majority of the schools have been wired for telecommunication of this site; this Saturday the schools - Baden, Alta Loma, Buri Buri, Los Cerritos, Martin School, Ponderosa and Sunshine Gardens invite you to join the staff; once wired, that will enable us to have the capability to have computers on the net and advance the technology; most of the events start between 9:30 and 10:00 a.m. please join them. Mayor Fernekes related: about Measure C, a $40 million bond measure to renovate and repair schools in the City and replace fire alarms and upgrade the schools; Tues., 5/6/97, between 5:30 and 6:00 p.m. in the Atrium, will be a committee meeting to find out more about Measure C; this Saturday is Christ- mas in April, they are going to help ArtRise on Linden Avenue at 10:00 a.m. CONSENT CALENDAR Approved. Approved in the amount of $2,057,974.68. 4/23/97 Page 15 A~ENDA CONSENT CALENDAR Resolution - Continued. OPERATING BUDGET APPROPRIATING AN AUGMENTATION TO THE LIBRARY DEPART- MENT BUDGET IN THE AMOUNT OF $2,718.75 Resolution approving a joinder to the lease between Raiser Resources LLC, the San Mateo County Harbor District, the City of South San Francisco and the Recreation and Park District. ,5'11 ~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINDER AGREE- MENT RELATED TO THE LEASE BETWEEN THE SAN MATEO HARBOR DISTRICT AND RAISER RESOURCES LLC 5. Resolution authorizing an agreement between the San Mateo County Harbor District, the City of S.S.F., Allied Capital Commercial Corporation, and Oyster Point Marina Inn related to City and District's con- sent for Oyster Point Marina Inn to enter into a deed -- of trust with Allied Capital Corporation. .5' / / A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF GROUND LESSOR RELATED TO THE OYSTER POINT MARINA INN (415 MARINA BLVD.) AND OYSTER POINT VILLAGE (360 OYSTER POINT BLVD. AND 401 MARINA BLVD.) PROPERTIES 6. Resolution authorizing the use of a master surety bond for public employees and officials. ~' A RESOLUTION AUTHORIZING THE USE OF A MASTER PUBLIC EMPLOYEE BOND TO SE- CURE THE FAITHFUL PERFORMANCE OF DUTIES OF CITY OFFICIALS AND EMPLOYEES 7. Motion to advertise for bids for play area renovation. Motion to adopt ordinance relating to City Council compensation. ~/~ AN ORDINANCE REPEALING CHAPTER 2.12 AND ADDING A NEW CHAPTER 2.12 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CITY COUNCIL COMPENSA- TION AC_T!ON TAKEN 327 CONSENT CALENDAR RESOLUTION NO. 29-97 Removed from the Consent Calendar by the City Manager under Agenda Review. Removed from the Consent Calendar by Councilman Yee for discussion. RESOLUTION NO. 30-97 So ordered. ORDINANCE NO. 1202-97 4/23/97 Page 16 AfiENDA _AC_T!QN TAKEN CONSENT CALENDAR Resolution authorizing budget amendment incorporat- ing HOME Administration Funds in the amount of $17,420 into the 1997-98 CDBG Budget. .~ [ Z d~ A RESOLUTION AUTHORIZING BUDGET AMENDMENT (NO. 97-17) TO THE 1997-1998 OPERATING BUDGET ADDING FUNDS FROM THE HOME INVESTMENT PARTNERSHIP PRO- GRAM FOR SERVICES RELATED TO FAIR HOUSING OBLIGATIONS 10. Resolution authorizing designation of the Director of Economic & Community Development as the City's Certifying Official with regard to environmental responsibilities for Federal Programs and Projects. ,.fi'0 A RESOLUTION DESIGNATING THE DIRECTOR OF ECONOMIC & COMMUNITY DEVELOP- MENT AS THE CERTIFYING OFFICIAL FOR THE CITY WITH REGARD TO REQUIRED EN- VIRONMENTAL REVIEWS FOR FEDERALLY- FUNDED PROGRAMS Resolution awarding construction contract for the Junipero Serra Boulevard Reconstruction Project to Interstate Grading & Paving, Inc. in the amount of $1,095,151 as the lowest responsible bidder, and amending the 1995-1997 Capital Improvement Pro- gram in the amount of $210,000. .~O'~ O A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT TO INTERSTATE GRADING & PAV- ING, INC. FOR THE JUNIPERO SERRA BOULE- VARD RECONSTRUCTION PROJECT AND AMENDING THE 1995-1997 CAPITAL IMPROVE- MENT BUDGET (CIP NO. 97-14) BY ADDING $210,000 FROM MEASURE A FUNDS FOR CON- STRUCTION, CONTINGENCIES, AND ENGI- NEERING FOR THE IUNIPERO SERRA BOULE- VARD RECONSTRUCTION PROJECT 12. Resolution awarding construction contract for the Callan Boulevard Reconstruction Project to Interstate Grading & Paving, Inc. in the amount of $422,468 as the lowest responsible bidder. ~'O~ D A RESOLUTION AUTHORIZING AWARD OF CONTRACT TO INTERSTATE GRADING PAV- ING, INC. FOR THE CALLAN BOULEVARD CONSENT CALENDAR RESOLUTION NO. 31-97 RESOLUTION NO. 32-97 RESOLUTION NO. 33-97 RESOLUTION NO. 34-97 4/23/97 Page 17 AGENDA CONSENT CALENDAR 2. Resolution- Continued. RECONSTRUCTION PROJECT 13. 14. Motion to accept the Airport Blvd. Storm Drain Improvements as complete in accordance with the plans and specifications. Resolution naming Jack Drago Park located at the newly renovated area on East Grand Avenue between Sylvester Road and Gateway Boulevard. S~ ~ A RESOLUTION AUTHORIZING THE NAMING OF THE NEWLY COMPLETED PARK ON EAST GRAND AVENUE BETWEEN SYLVESTER ROAD AND GATEWAY BOULEVARD AS JACK DRAGO PARK Resolution authorizing an agreement between the San Mateo County Harbor District, the City of S.S.F., Allied Capital Commercial Corporation, and Oyster Point Marina Inn related to City and District's con- sent for Oyster Point Marina Inn to enter into a deed of trust with Allied Capital Corporation. ~' / / ~a~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF GROUND LESSOR RELATED TO THE OYSTER POINT MARINA INN (415 MARINA BLVD.) AND OYSTER POINT VI OYSTER POINT VILLAGE (360 OYSTER POINT BLVD. AND 401 MARINA BLVD.) PROPERTIES ADMINISTRATIVE BUSINESS 17. Resolution implementing the City Treasurer's invest- ment policy per Government Code Section 53646~3~/_ __ A RESOLUTION APPROVING IMPLEMENTA- TION OF THE CITY TREASURER'S INVEST- POLICY PURSUANT TO SECTION 53646 OF THE GOVERNMENT CODE _ACIIQN TAKEN _ 329 CONSENT CALENDAR So ordered. RESOLUTION NO. 35-97 MIS Mullin/Penna - To approve the Consent Calendar with the exception of Items No. 4 and 5. Carried by unanimous voice vote. Councilman Yee wanted his comments in the Rec- reation and Park District earlier meeting be added to the agreement about the City being successors. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 36-97 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Treasurer Ford explained that her financial strategy was that of conservatism and priority of is to preserve the capital. She explained that State misuse of funds in Orange County and in some cities. Discussion followed: difference between the LAIF 4/23/97 Page 18 A~ENDA ACTIQN TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. PUBLIC HEARINGS 15. Evidentiary Hearing - Use Permit Modification UP- 78-471 Mod. 3 to allow upgrade restriping of the parking spaces located at 1200 E1 Camino Real - Garage in the P-C Planned Commercial Zone District in accordance with SSFMC 20.74.080(e) and 20.91.030(1) Kaiser Permanente/Noah Kahn, Own- er/Applicant; Conduct Evidentiary Hearing; Motion to approve the Planning Commission recommenda- tion. .5'0'~ ~ .. 330 ADMINISTRATIVE BUSINESS and the San Mateo Investment Fund, one being State and the other County; the State account has a maxi- mum of $20 million; the County fund started two or three years ago; revenue from the State account comes in quicker than the County, but the yield is less; she can get money from the County by tele- phone with a follow up fax; there have been three Treasurers, including Ms. Ford, since 1908 and the investments have always been handled by banking people - first Mr. Coughlan - 30 years, Mr. Bonalanza - 40 years, and now Ms. Ford, so it is good that there is a policy; etc. MIS Yee/Penna - To adopt the resolution. RESOLUTION NO. 37-97 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Fernekes opened the Public Hearing. Director of Economic & Community Development Van Duyn related: the Planning Commission heard the application on the 6th of March and approved this with a recommendation to the Council for a modification to the use permit; this would approve the restriping of the garage and reducing the number of parking spaces within the garage and in from of the garage; Kaiser came to the City with plans to upgrade the garage in order to bring the project into compliance with ADA and included in the present proposal is to reduce the width of the spaces on the roof of the garage to 8' and to restripe the remaining spaces to the current standard width of 8' 5"; the police would accept reduced width parking for employee spaces only, but not for clinic users which are typically shorter duration visits; staff, as part of this approval, is requiring a parking management plan to be reviewed by the Planning Division and the Police Dept.; Kaiser currently has 1086 stalls, and Code requirements would only mandate 778 parking spaces; the upper garage is often left vacant; the Planning Commission felt that the compromise of the upper floor and the parking management plan was sufficient in warrant- ing the modification; there was a question raised relative to the enforcement and how we would ap- 4/23/97 Page 19 AGENDA PUBLIC HEARINGS J. Evidentiary Hearing - Continued. 4/23/97 Page 20 ACTION TAKEN PUBLIC HEARINGS proach applicants in the event it was viewed that the City had set a precedence, even though the parking is more than required; etc. Discussion followed: none of the parking spaces will be less than 8'; the Kaiser facility was built prior to 1986, so there may be some parking spaces less than 8'; if this is approved tonight staff wants the Council to direct the City Attorney to write a resolution for another meeting; etc. Councilman Datzman related: he raised some ques- tions a couple of weeks ago, spent some time and drove through the parking lot; he was appreciative of Kaiser members that are prepared to be respon- sive to the questions raised; he felt that each of the spaces should be 8 1/2', was not comfortable with the 5th floor having compact spaces of 7'; he takes it that the handicapped spaces are adequate in terms of numbers; what causes him the most trouble is that the plan calls for employees to park on the top floor; he has problems with the spaces not conforming to the City standard of 8 1/2'; he was uncomfortable on how to deal with other projects and businesses who are talking about retooling their projects; etc. Mr. Noah Kahn stated he worked for Kaiser in Oakland and addressed some of the issues: when they looked at the garage, after the north ridge earthquake, they hired seismic engineers and found 11 structures requiring seismic upgrading and S.S.F. is one of those structures; they wanted to meet ADA regulations and began discussing this with City staff many months ago, and feel they have come to a good resolution to the complex issues brought up by the City; he spoke of compromises being made that respond to Council concerns; City Depts. were concerned that people were parking on El Camino and walking across El Camino and Kaiser has a need to address that in making space available on site and making the site available to employees and mem- bers; they have improved the circulation into the building in a couple of ways; they have changed the access roads, so they will be clear; there is a park- ing management plan with employees on the roof and feel the 8' spaces are adequate because the employees stay for 8 hours; the restriping will han- dle the handicapped spaces that do not now meet the Code; etc. AGENDA ACTION TAKEN PUBLIC HEARINGS ;. Evidentiary Hearing - Continued. 4/23/97 Page 21 332 PUBLIC HEARINGS Mr. James Malhouson stated Kaiser is planning to design several enforcement factors to insure that the employees park on the top floor, including having them to register their vehicles. They are also im- plementing transportation means to reduce the amount of vehicles, encourage carpooling to help the problem and provide shuttle service from the BART Station. Discussion followed: how does security know if the employees are on or off duty; setting different stan- dards for the community is going to become a valid issue of concern; how many parking spaces are actually needed; under the Code only 744; Council- man Penna noted that most of our parking require- ments for the City have to do with structures and facilities that don't have enough parking and in this case where they are required to have 749 and are supplying 1,000+ spaces and are implementing carpooling as part of the employee training pro- grams; this program is a reduction in vehicles being parked; what if someone comes to the Planning Commission and says you allowed Kaiser to do this, what is the City going to do; it has preexisting, grandfathered in rights; Kaiser is increasing the 7' and 7 1/2' spaces to 8' and 8 1/2' spaces; this has to come back to Council for adoption of a reso- lution and staff suggests Council approve specific findings that are peculiar to Kaiser, with the under- standing there are parking issues and insufficient use of the garage and this is to get more seismic up- grading and ADA improvements, and the necessity of getting cars off the street; Councilman Yee ques- tioned the rational in striping the upper deck with 8' spaces; Kaiser is proposing and staff is concurring that those would be spaces designated and dedicated to employees only; the minimizing of spaces; in all Councilman Yee's years of using Kaiser he has never had a problem parking on the second and third floor, never got to the top floor and the vacancy factor is pretty high on the top floor; the fourth floor is pretty busy and when he parked in different spaces some were tight and he wondered why; so, his contention is, when you have so many spaces why not make them all the same; when one goes from El Camino to the parking structure on the first floor he thought Kaiser could consider changing to maximize a right turn and go all the way around to the other entrance; increase the light intensity com- AGENDA A~TION TAK~ PUBLIC HEARINGS 7. Evidentiary Hearing - Continued. .o. Public Hearing - Projected use of CDBG funds for fiscal year 1997-98, proposed amendment to the 5~*] 333 PUBLIC HEARINGS ing from the entrance for it is dark; there is not a close place to park when going to the pharmacy for short periods of time which would avoid a lot of traffic on the main driveway, because they don't want to go into the garage; he feels Kaiser could make the 4th and 5th floors not only for employees, but encourage people to park there; Councilman Datzman wanted the employee spaces the same size as the customers of Kaiser; he supports Councilman Yee in having all parking spaces 8 1/2' since they have plenty of parking; Vice Mayor concurred with the former Police Chief (Datzman) and City Engi- neer (Yee); Sgt. Petrocchi stated the Police Dept. recommended the lighting be upgraded to five foot candles on the ground level; Councilman Yee felt that five foot candles may not be adequate; he felt that maybe the solution to the circulation problem was a proposal he would prepare and have staff work with Kaiser to see if it is workable, because he wanted to see if a better system works, and if so we could do it; if there is a majority of the Council that has mandated 8 1/2' spaces for the entire parking facility for the standard; Mr. Kahn stated they have been working a long time on this issue and one of the seasonal flu periods affects the vacancy factors during the first and fourth quarters for this is a medical center and people need to be dose to where they are going; also, the concern of the police and staff to make sure we have a way of getting as many people on site as possible without having over flow; if we lose the 32 spaces on the roof, that pushes out on to El Camino; as far as the light, we are going to do something about the lighting; Coun- cil has no requirement it can set for the 8 1/2' spac- es, for Kaiser is not obligated to make changes to what we recommend; Council is basically asking them to meet the standard; the use permit is before Council to modify the standard - if you say no modi- fication, then you are denying the use permit or asking them to comply with the City Code; staff will be more than happy to discuss going back to the 8 1/2' spaces, but they have to modify the plans, staff reviews the plans and then we will dis- cuss the Council's comments this evening. Mayor Fernekes closed the Public Hearing. Mayor Fernekes opened the Public Hearing. 4/23/97 Page 22 ~E~DA ACTION TAKEN PUBLIC HEARINGS Public Hearing - Continued. City's Consolidated Plan for Housing & Community Development, and proposed Section 108 Loan Fund Application; Conduct Public Hearing; resolution authorizing projected use of CDBG funds for fiscal year 1997-98, submittal of Amended Consolidated Plan for Housing & Community Development, and Section 108 Loan Fund Application to HUD; and Motion to authorize the City Manager to execute all documents necessary to secure and award CDBG and Section 108 funds for the City. A RESOLUTION AUTHORIZING SUBMITTAL OF STATEMENT OF OBJECTIVES AND PROPOSED USE OF CDBG FUNDS TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZING THE CITY MANAGER TO EXE- CUTE RELATED DOCUMENTS LEGISLATIVE BUSINESS 18. Motion to waive reading and adopt an urgency ordi- nance, that takes effect immediately, for a moratori- um prohibiting approval of permits for freight for warding facilities and similar uses in a specific area. AN INTERIM ORDINANCE PROHIBITING THE PROCESSING AND APPROVAL OF APPLICA- TIONS FOR USE PERMITS, VARIANCES OR OTHER LAND USE PERMITS OR ZONING ENTITLEMENTS FOR FREIGHT FORWARDING OPERATIONS WHICH MAY CONFLICT WITH PUBLIC HEARINGS Coordinator of CDBG Fund Fragoso gave the staff report. The following agencies gave brief presentations: Ms. Cassandra Benjamin of Shelter Network and Mr. Paul S. Coher, La Raza Central Legal. Mayor Fernekes closed the Public Hearing. Councilman Mullin related: $200,000 of the $700,000 check from Sunchase will go to the children's school; he spent five hours working with the Director of Economic & Community Develop- ment and believes the Subcommittee's recommenda- tion is equitable; etc. Councilman Yee questioned why John's Closet and other agencies were being given more funds than they requested, while other agencies get nothing. Councilman Mullin stated it seemed some requests were not justified and others seemed to have a direct effect on families and the potential of their being homeless. The idea is to get the biggest bang out of the dollar and common sense was applied. Mayor Fernekes and Councilman Datzman comple- mented the Subcommittee on their decisions and supported their recommendations. M/S Penna/Mullin - To adopt the Resolution. RESOLUTION NO. 38-97 Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Director of Economic & Community Development Van Duyn stated this moratorium will allow time for the general plan amendment to go through and it needs a 4/5 vote. He stated this is a holding action needs a 4/5 vote. He stated this is holding action and freezes entitlement uses, prohibits new applica- tions for freight forwarding use permits and main 4/23/97 Page 23 AQENDA A~!!QN TAKEN LEGISLATIVE BUSINESS Motion - Continued. PROPOSED AMENDMENTS TO THE EAST OF 101 AREA PLAN ITEMS FROM COUNCIL LEGISLATIVE BUSINESS tains the status quo of present uses. He stated there are no pending applications before staff. M/S Penna/Mullin - To waive reading and adopt the urgency Ordinance. ORDINANCE NO. 1203-97 Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Penna related: he will attend a meeting tomorrow of the Convention & Visitors Bureau and asked if there were any concerns; the noise insula- tion and the Roundtable - San Bruno and Daly City are insulating apartment buildings; we are short money for those, as well as for single family houses; he feels we are getting short changed; he does not want other cities to come in until we have enough money for our City. Councilman Yee stated one issue is the money to do all and staff is handling that. The other item is in- creased membership of the Roundtable. He thought Council said we should let others in, for Hillsborough and Atherton are not interested in insulation money. Councilman Penna stated based on the letter of 4/18/97 from Foster City it was getting clear to him that other cities may not want money now, but if there is a shift in take-offs or landing patterns - that is his concern, and he can see cities ganging up and we taking the brunt of it. He felt the Coun- cil needed to do more politicking. City Manager Wilson stated under Federal and State regulations the funds can only be used in footprints and none of those like Foster City have a 65 CNEL. What they have is single exposures and the Airport is staying with the original map and no shifting. If the Roundtable was one single body it would be far superior rather than one body in the north and one in the south. Discussion followed: Councilman Penna wanted it on the record that there would be no shift in policy; Councilman Yee stated it is in the MOU; that has 4/23/97 Page 24 AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE 19. Motion to adjourn the meeting to Wednesday, 4/30/97, 5:30 p.m., City Council Conference Room, City Hall, for a study session at 5:30 p.m. on EMS and a second ambulance, a dinner break, and at 7:00 19. Motion - Continued. p.m. a joint meeting with the Planning Commission on the General Plan. ADJOURNMENT: 336 ITEMS FROM COUNCIL been reemphasized in the MOU. Mayor Fernekes wanted interviews for the Confer- ence Center Authority at the next meeting, however, three people are not qualified and one applied after the closing date. Discussion followed: Councilman Mullin asked if they did not meet the deadline, should they be inter- viewed; does composition of the Authority should a person without background be interviewed when they don't meet the requirements; City Attorney stated, if applicant does not satisfy the visitor serv- ing category then they are not qualified for this position; staff should check that they have the back- ground; the Conference Center Director does that; the application is not in great detail; Council adopted a policy to have the Conference Director do it and the latest application was given to see if Council wanted to see the late application; if they don't meet the deadline, they should not be interviewed unless there was an appeal; the second issue is quali- fications and the Executive Director does the screen- ing, then she should make the recommendation; two do not have visitor serving experience and two others say they have past experience; the guidelines are not that precise; the whole purpose is to have people with experience; City Attorney will work with the Director; two past experience, 2 with pres- em experience, one with no experience and exclude the one that was late; Councilman Datzman wants to look at all appointment policies; City Manager will schedule a study session, maybe on 5/7/97. GOOD AND WELFARE No one chose to speak. M/S Penna/Mullin - To adjourn the meeting to Wednesday, 4/30/97, 5:30 p.m., as requested. Carried by unanimous voice vote. Time of adjournment was 11:12 p.m. 4/23/97 Page 25 AGENDA ACTION TAKEN 337 RESPECTFULLY SUBMITTED, · ~arbara A. Battaya, City Cie City of South San Francisco APPROVED. 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. 4/23/97 Page 26