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HomeMy WebLinkAboutMinutes 1997-05-14 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin ~lohn R. Penna Robert Yee MINUTES City Council ' Municipal Services Building Community Room MAY 14, 1997 359 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MAY 14, 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 14th day of May 1997, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session, pursuant to GC 54957.6, labor negotiations for Operating Engineers Local 39. ~ 2. Adjournment. Dated: May 6, 1997 Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Closed Session, pursuant to GC 54957.6, labor nego- tiations for Operating Engineers Local 39. ,.fi'/~' RECALL TO ORDER: ACTION TAKEN 7:05 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. Council entered a Closed Session at 7:06 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 7:35 p.m., all Council was present. City Manager Wilson stated the Council and Local //39 concurred on the terms of the Memorandum of 5/14/97 Page I AQENDA AgT!QN TAKEN ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco 36O Understanding, and it would be acted upon tonight at the regular Council meeting. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:36 p.m. APPROVED. Jos~!~h A. } ernekes, Mayor Ci~ of Sot :h San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an iteTM. 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. 5/14/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Damnan Eugene R. Mullin '---lohn R. Penna Robert Yee M!NUTE__Ii City Council Municipal Services Building Community Room May 14, 1997 -. 001 CALL TO ORDER: ROLL CALL: AG]~NDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: ~VOCATION: PRESENTATIONS Proclamation - Water Awareness Month - Eugene Gravelle, California Water Service Co., - Elmon Elmore, Westborough Water District Proclamation - National Historic Preservation Week - May 11-17, 1997 - Historic Preservation Commissioner Harks SAMCEDA - Annual Update by Jim Taylor ACTION TAKEN 7:37 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. Mayor Fernekes introduced the Council's stu- dent counterparts that would be taking part in the mock study council meeting next week: Councilmembers Agress, Pasion, Dick, Repadas and student mayor Gutierrez. The Pledge was recited. Rev. Gene Linamen, Kaiser Hospital, gave the invocation. PRESENTATIONS Student Mayor Gutierrez read the Proclama- tion aloud and presented it to Mr. Gravelle and Mr. Elmore. Student Vice Mayor Dick read the Proclama- tion aloud and presented it to Commissioner Zemke. SAMCEDA Director Taylor described the Economic Vitality Strategic Action Plan for 1996-99: Year One - marketing and commu- nications, existing and emerging industries, permit streamlining and regulatory reform, housing, business and education link and transportation; economic vitality partnership in 1997; strategic action plan implementation Year One - measurement standards - a) create index to measure and monitor economic health, b) action teams self-evaluate semi- annually, EDAC evaluates annually, results - 5114/97 Page 1 PRESENTATIONS AMCEDA = Annual Update by Jim Taylor - Continued. Measure C - Pros and Cons by Laurie Mazzeti and Inter- ested Parties 002 PRESENTATIONS 38 key economic indices identified, focused action teams, goal driven; first economic vitality index report June 23, 1997; Y~ar Two - implement Countywide market- lng plan, create housing through project en- dorsements, expand business resource centers on Internet, continue permit streamlining long-term goals, conduct needs analysis for business and education link, continue trans- portation advocacy, continue measurement and evaluation of economic vitality; SAMCEDA is looking for your continued investment and active participation in the economic vitality partnership is vital to the second-year implementation of the strategic action plan and the economic health of your community. Ms. Laurie MaT;~eti stated she is a long time resident and former School Board Member, is in favor of Measure C and Boardmember Latham and Business Services Mgr. Jan Smith are also present to make presentations. She stated on 6/3/97 the voters will be asked to consider Measure C. It will authorize the sale of general obligation bonds from which the School District will receive $40 million for the designated purpose of replacing fire and safety alarms, fixing leaky roofs, upgrading and expanding science labs, rewiring class- rooms for technology, and upgrading heating, plumbing and electrical systems where needed at the 16 local elementary, middle and high school sites. Ail of the money can only be used for school construction projects, and that money can not be used for salaries or other expenses. By law, lottery money cannot be used for new school construction or for the purchase of portable classrooms. The ballot measure provides that part of the funds will be used to repair and replace leaky roofs, for all of the schools in the District are over 30 years old and some are over 50 years old. She continued: Measure C provides that part of the funds will be used to replace fire alarms, public address systems and other campus safety features; funds will also be used to rewire buildings to allow better access 5/14/97 Page 2 PRESENTATIONS leasure C - Pros and Cons by Laurie Ma~-~eti and Inter- ;ted Parties - Continued. PRESENTATIONS to technology in classrooms and to improve and upgrade classroom electrical systems to accon~nodate current technology; funds can improve and expand science labs at middle and high schools that are old and need to be upgraded; this will cost the residents $26.00 for every $100,000 of assessed value of their property; after years of use, many schools have heating and plumbing systems which need to be replaced; a description of the specific school projects for which the money derived from Measure C is intended is available for review at each school site in the District; most of us would spend $26.00 on a modest night out, which is what this will cost; California legislature has not provided for the schools and it is up to us, the residents and parents, and she urged the Council for a unanimous vote in support of Measure C; she asked if the community valued the children and what kind of a legacy this will be for this is an opportunity for the welfare of the com- munity and for generations to come, for the future sits in the classrooms. Ms. Jan Smith stated Ms. Mazzeti has provid- ed the Council with a summary, and this was designed by a committee of community mem- bers, the parents and the staff looking at the needs. She proceeded to go through the various costs, i.e., the site work including gas, water and electrical is 3.9%, buildings exterior for paint, roofing and windows is 12.4%; buildings interior for asbestos remov- al, heating systems,science labs, lighting and locker replacements is 31.0%; electrical pow- er upgrades for panels, outlets, wiring for technology is '/.8%; life, safety, compliance for alarms, communication systems, elevators, ramps, toilet room upgrades is 16.9%; plan designs, state fees, inspections is 12.7%; interim housing for temporary classrooms during construction is 2.6%, contingencies for the current plan estimates are present time costs is 12.7% of the $39,960,000. Mr. Richard Ochsenhirt stated he is a newly appointed Park & Recreation Commissioner and was here tonight to inform the Council 5/14/97 Page 3 AGENDA PRESENTATIONS leasure C - Pros and Cons by Laurie Mazzeti and Inter- .~ted Parties - Continued, ACIIQN IAK~N PRESENTATIONS OO4 that not everyone is supporting this Measure. He questioned how we got to where we are tonight, in the past year over $2 million was spent - where were the maintenance things in the monies spent. This Measure is based on estimates only, and are not binding on the District. This 25 year data affects more than you, your children and grandchildren for over $8 million will go to the administrative costs and the plan checking and consultants - noth- ing about the students education or reeeval- uating students education or reevaluating or declaring property surplus or to preventative maintenance that will be made. Looking at the specific plans, none of the schools will get any of the money for upgrading. A no vote will send a message, live within your budget and build into it the needed programs. Mr. Richard Garbarino stated he was here to present an argument against Measure C. He was a member of the Bond Committee. Con- cerned citizens throughout the City have raised serious questions and those are about the whole administration. He described con- cerns: the School Board and Administration would seek funding, bond measure, rather than first disposing of El Rancho and the others; then they would only need to make up the difference through a bond issue for the existing disrepair was not over night; when these questions were made there was no an- swer; this Board and administration are going to put $10 million of land up to sell without an appraisal; when asked who would dare to sell public property without an appraisal, and they said they would and now they want you to trust them; School Board and administra- tion were willing to accept $60,000 per lease and have a net loss $260,000; again, a group of watch dogs to seek the highest offer for the property and again they ask you to trust them; this Board and administration has failed that in the funding, that not all of the repairs will be made and only a percentage; this issue was again raised and the reply was, we have to be honest with the voting public and again ask you to trust them; we believe this Board is not 5114197 Page 4 PRESENTATIONS feasure C - Pros and Cons by Laurie Mazzeti and Inter- _~ted Parties - Continued. AGENDA REVIEW Mayor Fernekes Requested: - Move Item #17 before the Consent Calendar. AGENDA REVIEW ity Manager Wilson Requested: Remove Item 1 for discussion. ITEMS FROM COUNCIL 17. Resolution endorsing Measure C. A RESOLUTION ENDORSING MEASURE C, THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT BOND MEASURE PRESENTATIONS fiscally responsible and trusting them is invit- ing those that must bare the responsibility are the same persons that if this is successful will oversee this and we urge you to give consid- eration before you cast your vote; remember after this Board is gone this bond will be there; he wondered if this isn't a Council conflict for one is employed, and two others with ties to the District and he does not think it is proper for them to vote in support of Measure C. City Attorney Mattas stated there would be no conflict of interest if they vote for or against Measure C. AGENDA REVIEW So ordered. AGENDA REVIEW So ordered. ITEMS FROM COUNCIL Vice Mayor Mullin stated he spoke to the City Attorney about a conflict of interest, but Measure C monies cannot be used for sala- ries, only for school construction projects. He stated the schools are run down and so is he, but he supports the measure. Councilman Datzman feels this is an impor- tant issue which is stirring up a lot of interest, when long after the administration is gone the debt will remain, so will the schools and the investment will be here in the years to come. MIS Datzman/Mullin - To adopt the Resolu- tion. RESOLUTION NO. 39-97 Carried by unanimous voice vote. 5114197 Page 5 A~NDA ORAL COMMUNICATIONS 5/14/97 Page 6 - 006 ORAL COMMUNICATIONS Mr. Pedro Gonzales, 804 Olive Ave., con- gratulated the students for he is very interest- ed in education. He se~s the students as the future Councilmembers. He is here to express his opinions in the relationship between himself and a person in the Police Dept. He stated, for several years now the S.S.F. Police Department has held an annual easter egg hunt behind Martin School and it has been a joyful opportunity for the students and each additional year more ap- pear. He stated in Old Town the latino group is one of the largest group to benefit from this relationship with the Police Department. He, as a member of the Historic Oldtown Group have worked with Police Officers Chuck Davis and Mike Nevil who assisted us and he congratulated these officers who put their hearts and good feelings out. He spoke of other groups he has been active in that have that same good relationship with the police, as well as the Mexican celebrations where the relationship has always been positive. Mr. Roger Chinn, 1485 Bayshore Blvd., San Francisco, stated two weeks ago he wrote a letter explaining he had taken an advisory position with the Roundtable. Two areas that will be coming up soon are the variance at the Airport, on 6/4/97 it will be discussed in detail and he wanted the Council to be present to hear the arguments for and against for a member of transportation in Sacramento will be there for approval or denial of the vari- ance. The other issue is new members of the Roundtable and a number of the southern cities will petition for the Roundtable, and that issue will be discussed and voted on 7/2/97. This has an implication for many of the cities and he would encourage this. MARK RAFFAELLI CHIEF OF POLICE (415) 1177-8930 South San Francisco - Wednesday - May 14. 1997 AGE__NDA ACIION TAK~_N ORAL COMMUNICATIONS 5/14/97 Page 7 007 ORAL COMMUNICATIONS Mr. Mayor and members of Council, I want tO thank you for the opportunity tO address our community. During the last fifteen (15) months I have sat quietly at Council meetings while individuals came tO this lectern and maligned the hard working, dedicated men and women of the South San Francisco Police Department. As much as I wanted tO respond to the many statements being made, on advice of our City Attorney, I was unable tO do so because the matter was going tO litigation. However, at the last Council meeting the comments being made went beyond the scope of decency and were a direct and misleading attack on the Depa~h~ent. Tonight I will be addressing the inaccurate statements that have been made to Council and the community dur- ing the past year, including those that were made at the last Council meeting on April 23 by Los Angeles attorney Mr. lohn Lewis who spoke on behalf of his clients, Officers Dan Molieri and Helen Hutchings-both of whom have filed EEOC complaints against the City. Since this is the first time I have spoken publicly about these issues, it will take some time to summarize all of the events leading up to this evening ... so please bear with me. I have been with the Police Department for almost 26 years and the Chief for the last 3 1/2 years. I first became interested in law enforcement when I was a senior in high school when I met with then Chief of Police John Fabbri. Among the many topics he spoke tO me about was the most important attribute an officer has to have above every- thing else-and that is integrity and credibility. He said it is not something the community expects. They demand it. Five years later those same words were echoed by the new Chief Sal Rosano when he hired me as an officer. Former Chief Jim Datzman ex- pressed that same philosophy to all new em- ployees who were hired by the Police Depart- ment-as do I. Eighteen months ago these precious attributes came under attack by an officer in an excessive force and lying com- plaint, which is the impetus for what I am ORAL COMMUNICATIONS 5/14/97 Page 8 ACTION TAKEN . 008 ORAL COMMUNICATIONS officer in an excessive force and lying com- plaint, which is the impetus for what I am going to say tonight. I would first like to address the inflammatory accusations made over the last 15 months agai~t the men and women of the Police Department by some of Officer Molieri's friends, as well as members of his family who have stepped up to this lectern. They have wanted you to believe that the Department is racist, discriminatory and riddled with prob- lems. They attempted to support their posi- tion by taking quotes from the personnel hearing that Officer Molieri was involved in and have insisted that the public read the transcript of the case and find out what really occurs in the Police Department, implying that there was something "very wrong going on". For those of you who have the time, I would encourage you to read the transcript, because what you will find is that statements they quoted were taken out of context and really had nothing to do with the issue-the truth. What they also failed to tell you is that some of those statements were made by Mr. Molieri's Los Angeles attorney and were never supported by any factual evidence or the testimony of any witness. The statements were not only inaccurate but embellished and were part of an orchestrated attempt to assist Officer Molieri with his court baffle for finan- cial gain. At the last Council meeting Officer Molieri's attorney made a number of statements con- cerning the members of the Police Department that are simply not true. I would like to clarify a comment he made about me that has nothing to do with the issue at hand. In this personal attack, Mr. Lewis said that he heard from an unnamed officer that on one occasion when I was asked my location over the radio, I responded by saying that I was out surveying my kingdom. I want it known that I did make that comment, but once again the information that Mr. Lewis was told has been exaggerated and is inaccu- ORAL COMMUNICATIONS 5/14/97 Page 9 ACTION TAKEN · - 0'09 ORAL COMMUNICATIONS accusations made over the last 15 months against the men and women of the Police Depa~iment by some of Officer Molieri's friends, as well as members of his family who have stepped up to this lectern. They have wanted you to believe that the Department is racist, discriminatory and riddled with prob- lems. They attempted to support their posi- tion by taking quotes from the personnel hear- ing that Officer Molieri was involved in and have insisted that the public read the tran- script of the case and find out what really occurs in the Police Department, implying that there was something "very wrong going on". For those of you who have the time, I would encourage you to read the transcript, because what you will find is that statements they quoted were taken out of context and really had nothing to do with the issue-the truth. What they also failed to tell you is that some of those statements were made by Mr. Molieri's Los Angeles attorney and were never supported by any factual evidence or the testimony of any witness. The statements were not only inaccurate but embellished and were part of an orchestrated attempt to assist Officer Molieri with his court baffle for finan- cial gain. At the last Council meeting Officer Molieri's attorney made a number of statements con- cerning the members of the Police Department that are simply not true. I would like to clarify a comment he made about me that has nothing to do with the issue at hand. In this personal attack, Mr. Lewis said that he heard from an unnamed officer that on one occasion when I was asked my location over the radio, I responded by saying that I was out surveying my kingdom. I want it known that I did make that comment, but once again the information that Mr. Lewis was told has been exaggerated and is inaccu- rate. The comment was made in jest, to a very senior officer, in the station in response to a sarcastic question he had asked me and was not made over the radio as Mr. Lewis was led to believe by whomever told him. To ORAL COMMUNICATIONS 5/14/97 Page 10 ACTIO_N TAKEN . 010 ORAL COMMUNICATIONS salt." This is a phrase I have used at various times and although I don't know what incident he is referring to-since I am not aware of any such meeting as he describes-I am confident that it was appropriate for the context in which it was used. Whoever gave Mr. Lewis this information once again exaggerated the facts.., which seems to be a continuous theme with his clients, as you will hear. Mr. Lewis stated that the women of the De- partment-Officers, Clerks and Dispatchers- were being abused, discriminated against and mistreated. He went on to say that *these people ate crying out for help.* In an effort to afford female employees the opportunity to freely make known any such concern all females in the Department were again provided with a copy of the City's Policy of Non-Discrimination (It is also dis- tributed annually to all City employees) which defines the procedure for reporting issues of discrimination. I sincerely welcome the opportunity to become aware of any issues of discrimination so they can be investigated by the City's Personnel Director. Mr. Lewis represents Officer Helen Hutchings as well as Officer Molieri. Her complaint is: (1) she was placed on a sick leave manage- ment plan; (2) there were comments that she did not agree with in her evalluation; (3) offensive comments were made to her by her supervisor because of her maternity leave in 1995; and (4) she was retaliated against by being given an unfair work schedule when she returned from maternity leave. What she did not mention was that she failed to follow any of the Department or City procedures in filing complaints or grievances. Her failure to do so was brought to her attention in a letter. Both she and her attorney have failed to respond in the proper fashion. Based on our investigation of her issues, there is no basis for any of them. As with Officer Molieri, her events are distorted, fabricated or are taken out of context. ORAL COMMUNICATIONS 5/14/97 Page 11 ORAL COMMUNICATIONS Mr. Lewis went on to say the Depa~iment *constructively terminated Officer Hutchings husband's employment* because he com- plained about the discrimination against his wife. In fact, the staff of the Police Department is not aware that John Hutchings ever brought any such issue to anyone's attention. John, who lives in San Jose, first applied for a job with the San Jose P.D. sometime before May of 1996, which was eight (8) months before he suggested there were any Department issues and, at that time, he told co-workers that he was doing so for economic reasons. The timing of his employment with San Jose P.D. is merely coincidental to his wife's recent claims. Mr. Lewis characterizes John Hutchings' de- parture as just one of many resignations that he blames on 'something wrong going on'. What he depicts as employees *leaving in droves* is really as follows: In 1996 and 1997-the time frame that Mr. Lewis is pre- sumably concerned with-a total of 11 employ- ees left the Department for a variety of rea- sons. Out of a total complement of approxi- mately 1 10 employees, four retired, one resigned as a result of failing to meet perfor- mance standards while being trained, and five officers and two civilians went to other de- partments or employment. Ali of these indi- viduals said they were leaving the Department for a career move, family, or economic rea- sons-none raised any issues of discrimination. Mr. Lewis started his comments by indicating that over a year ago he had expressed his concern for Officer Molieri's safety in a letter to City officials. He was assured at that time that the Police Department would take all reasonable steps to provide backup for him, just as it would for any officer. Mr. Lewis then referred to an incident that occurred on April 2 of this year in which Officer Molieri had to physically subdue a suspect. He contended that he did not receive help because his fellow officers don't care about him, insinuating that we are retali- ating against him for filing an EEOC com- AGENDA ACTION TA K~iN ORAL COMMUNICATIONS 5/14/97 Page 12 ORAL COMMUNICATIONS plaint. Nothing could be-further from the Let me take you through what happened in that incident: Officer John Hutchings made a traffic stop in front of City Hall on a vehicle that was pointed out to him by Officer Molieri. Officer Hutchings requested that Officer Molieri respond to back him up. Officer Molieri arrived and made contact with the driver. The driver ran from him and Officer Molieri went in foot pursuit, leaving Officer Hutchings behind with the other two occupants of the vehicle. Officer Hutchings called in the foot pursuit and indicated that he (Molieri) had him at Grand and Maple, and needed Code 3 cover (that is, emergency help as quickly as possible). Molieri got into an struggle with the driver, and he also requested Code 3 cover about 23 seconds later. A citizen went to Molieri's aid and prevented the suspect from getting Molieri's gun. With the aid of Officer Hutchings and the citizen, the suspect was taken into custody. This incident occurred at approximately 11:13 a.m. Between that time and 5:33 p.m. Officer Molieri's civil attorney, Mr. Todd Schnider was contacted, presumably by his client, and at 5:33 faxed a letter to our attorney requeSt- ing that we retain the radio tapes of the inci- dent. The reason given is in his opening paragraph: *It has come to our attention that Officer Molieri was involved in an incident today which caused him injury. Our initial investigation has revealed that those injuries could have been prevented had Officer Molieri been provided with police back up in a timely fashion.~ I'm not sure what his initial investigation consisted of for him to make such a bold statement, without any factual information. If any other officer felt there was a problem with response time they would have told their supervisor who would request a copy of the dispatch tape to see if there was a problem. However, in cases involving Officer Molieri we find ourselves having to conduct major investigations for any allega- tion he brings forward because of his tenden- ORAL COMMUNICATIONS 5/14/97 Page 13 ORAL COMMUNICATIONS cy to distort the facts. there was a problem with response time they would have Wld their supervisor who would request a copy of the dispatch tape to see if there was a problem. However, in cases involving Officer Molieri we find ourselves having to conduct major investigations for any allegation he brings forward because of his tendency to distort the facts. CHARTS Both Officer Molieri and his attorneys knew we were conducting an investigation into the matter. Yet they still fled a EEOC complaint without having any facts. In fact when Officer Molieri was called in to be interviewed he refused to answer any questions concerning the incident. Mr. Lewis also said that, "It's become a race issue". I submit that there is no basis-and never has been-for such a ludicrous and in- flammatory statement. Mr. Lewis character- izing the situation as such does not make it so. A very comprehensive investigation done early last year for the City by an African American female attorney from southern California disclosed no grounds for Officer Molieri to make such a claim. Forty-nine individuals-consisting of sworn and civilian employees as well as some members of the Citizens' Academy were interviewed during that process. A summary of those results was submitted to the EEOC and I am sure that the EEOC made it available to Officer Molieri and his attorney. This attorney then made reference to "plenty of acts of retaliation" and said the Police Department has treated Officer Molieri differ- ently just because he is Hispanic. The truth is that there have been no such acts of retalia- tion, and Mr. Lewis knows that each com- plaint or hint of complaint by Officer Molieri about anything that could even remotely be considered as improper conduct has been A~ENDA ORAL COMMUNICATIONS 5/14/97 Page 14 ACTION TAKEN 014 ORAL COMMUNICATIONS investigated fully and each such com- plaint/innuendo has been based on a distortion of the facts surrounding an incident. All were found to be without merit. The only retalia- tion in this ease is that of Mr. Lewis and Officer Molieri on the men and women of the Police Department. Mr. Lewis and Officer Molieri have consis- tently distorted facts and have colored eom- plaints to support their particular point of view. There is no doubt this will continue to occur until this case is resolved. As City Attorney Mattas mentioned at the last Council meeting, a court of law is the proper place-at this point-to settle the issue. I, as well as the rest of the Department, are eager to have that opportunity ... Because our case is based on fact and not motivated by financial gain. On behalf of the men and women in the Po- lice Department who have been maligned by the self-serving and inaccurate statements made by others, I want to thank the members of Council for this opportunity to set the record straight. SOUTH SAN FRANCISCO POLICE DEPARTMENT RADIO TRAFFIC A~ril 2. 1997 M4: (Officer Hutchings) Mary4. Boy is in foot pursuit of Raymond. D: (Dispatcher) His 10-207. M4: Got him in front of a, Grand and Maple. We need code-3 00 SEC- ONDS D: Code-3 cover Grand and Maple B21: (Officer Molieri) I got one. I need code-3 cover still. 23 SECONDS D: 10-4. Code-3 cover Grand and Maple ORAL COMMUNICATIONS 5/14/97 Page 15 ACTION TAKEN 015 ORAL COMMUNICATIONS B23: (Officer Moran) Boy-23 copies. 10- 8. 41 SECONDS D.' 10-4. Mary-4 we're getting reports in front of 401 Grand of an officer down. Confirm? 82 SECONDS M4: Mary-4. We're code-4 91 SEC- ONDS D: Mary-4. 10-4. Reduce the cover. April 23.1997~ EEOC complaint by Officer Molieri: "Police did not respond. The first unit ar- rived approximately five minutes later." Officer Molieri signed the complaint declaring: "under the penalty of perjury under the laws of the state of California that the foregoing is true and correct." April 24.1997 San Marco County Times article: Officer Molieri said it took units three min- utes to arrive. April 29, 1997 Article in the Independent: His attorney, John Lewis, said, "an officer didn't arrive until Six minutes after a call went out for baclmp. " x The same day that attorney John Lewis spoke before Council Ms. Joy Ann Wendler stated she has been watching and listening to Officer Molieri's accusations for far too long. A response is ORAL COMMUNICATIONS 5114197 Page 16 ,.,.. 016 ORAL COMMUNICATIONS needed from the community. Not once has she heard proof of the unsubstantiated charges and over months the accusations continue without proof - it is time to put this to rest. She has heard members say they don't want any more of the stress and tension this has brought them, as well as its reflection on the Police Department. Maybe the sole reason to keep this up is to make the Council settle for an amount of money - she urges the Council not to do that without irrefutable proof. This has to do with the fine reputation of police and the citizens and you cannot settle reputa- tions with any monetary settlement. This is far more than a business settlement, you have to have credibility and support from the com- munity which will not happen without litiga- tion. No one person should detract from the high regard this Police Department has in San Mateo County by continuing the unsubstanti- ated charges, for if Officer Molieri is unhappy he can move on. Mr. Richard Garbarino spoke in support of the Police Department led by Chiefs Rosano, Datzman and Raffaelli. The men and women in the Police Department has provided the finest service and are most responsive to calls and were very helpful to the neighborhood in the neighborhood watch program by offering to do a security survey to help us better pro- text our property. He participated in a drive by and rode in a patrol vehicle while the police made their rounds around the City. He has a lasting impression of their work and witnessed nothing but respect to the police from the citizens. Far too often they are maligned and he believes it is time to support them in the job they do and give them a thank you. Mr. Tony Khorozian stated he had been watching this on TV and felt the issue has been going on too long, and he feels Mr. Molieri should sit down and stop this going on for months and years against the Police Department. He has respect for the police and if he has done something wrong they can ticket him, jail him or whatever, but Mr. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 5/14/97 Page 17 017 ORAL COMMUNICATIONS Molieri came to talk to him and he told him the City is getting fed up with this issue and he just laughed. He stated the police and the Council have lots of things to do and are doing a good job and he supports them. He wants to tell the Molieri family this is not a fight, sit down at the table and settle this peacefully, however, he is not going to give his tax money to the Molieris and the City should not write a check for he will fight them unless it is done through a California Court. this has to stop somewhere, we are not fighting, enough is enough - just draft this for money - no way, Jose. He appreciates these officers being in the street and he is proud of them. Mayor Femekes stated he had the opportunity while in office to ride with the officers at night for 6 to 8 hours every three months and every time he has gone with them he sees real professionals and he is proud of them. He stated Officer Molieri's Attorney appeared at the last Council meeting and made disturb- ing allegations of the Police Dept. that were inflammatory but simply wrong. He related: it began with an allegation of a fellow officer against a hispanic person; the Personnel Board heard the case and gave Officer Molieri full back pay; Molieri filed an EEOC complaint and the Council has been apprised of the status all along; comments have been made criticizing the Police Department's actions with regard to Officer Molieri and he has filed a claim in excess of $3 million in dam- ages, and has filed a Federal Civil Rights action against the Police Dept. and some fellow officers; because of the lawsuit and the advice of the City Attorney, we have limited the comments and you can understand why; we have been advised on a regular basis on the status of the lawsuit; there was an investi- gation of the charges of discrimination made by Officer Molieri and an Afro American interviewed 49 persons including every person of color in the Police Dept.; based on that Officer Molieri's allegations were determined to be unfounded; we trust the lawsuit will end AGENDA ORAL COMMUNICATIONS 5/14/97 Page 18 ACTION TAKEN - 018 ORAL COMMUNICATIONS with no conclusion of discrimination; the EEOC claim was terminated before it was completed and the results never came for- ward; the Officer's Attorney made allegations about treatment of female employees and was to meet with the Personnel Director on his concerns, but no one has requested a meeting with the Personnel Director; the police have always served the City and the Chief has spent his entire career in this City and those who know him know him to be truthful and a person of honor who cares deeply about the Department and the officers; you can tell by the number of officers here tonight; when any one can sue any one, but it's only important if the charges can be proved in Court does the suit have merit and it will be resolved in Court; the City Council will monitor the case and will act accordingly. Councilman Datzman stated that he as a for- mcr member of the Police Dept. - it is a difficult situation to sit here to watch yourself be hammered by someone maliciously and feel you have to sit there and take it. A couple of weeks ago the line got crossed, you know when they chip away, where individuals come up and say what is wrong in the Police Department. He was not the only one sub- jected to this, for other Councilmembers were subjected to the same conunents. Is this the forum, meeting after meeting, allegations after allegations. He can summarize this in two minutes and he appreciated the talk by Joy Ann on credibility. He related: who shall we believe; as a 19 year Police Chief he knows how hard you have to work to establish a reputation of integrity and a strong commitment to our citizens; then, sit on the sidelines while an attorney from the south mounts an attack; two weeks ago when Mr. Lewis publicly did this - how do you respond to an absolute slap in the face; deeply troubled by his attempt to under- mine those who pride itself in the services to the community; we are talking about the issue of credibility - who do we believe, do we believe an attorney with a $3 million lawsuit ACTIO__N TAKEN 019 ORAL COMMUNICATIONS CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 4/23/97, Special Meeting of 4/23/97 and Regular Meeting of 4/23/97. 2. Motion to confirm expense claims of 5/14/97. ,.~0/..~ Resolutions directing the preparation of an Annual Report, approving the Preliminary Annual Report and setting a public hearing for June 11, 1997 for West Park 1 & 2 Parks and Parkways Maintenance Dis- tri~. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1. & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT ... Resolutions directing preparation of Annual Report, approving the Preliminary Annual Report and setting ORAL COMMUNICATIONS who flies in to launch a full frontal attack on the Police Dept. or believe Mark Raffaelli who was bom and raised here and participated in church and schools for almost a century; Mark worked for the Park & Recreation Dept. and received a Masters Degree before he joined the Police Dept.; he has worked in the Police Dept. for 26 years, and has worked through promotions, is a member of the YMI and Vice President of the Police Assn., Past President of the Lions Club and the Boys Club and an active participant in the School District Advisory Board; in short Chief Raffaelli has established himself; so he an- swered the question - he believes in Chief Raffaelli. Vice Mayor Mullin stated he is proud to associate himself with the remarks of the Mayor and Councilman Datzman. CONSENT CALENDAR Removed from the Consent Calendar for discussion by City Manager Wilson. Approved in the amount of $2,323,404.47. RESOLUTION NO. 40-97 RESOLUTION NO. 41-97 5114197 Page 19 A~NDA CONSENT CALENDAR Resolutions o Continued. a public hearing for June 11, 1997 for Willow Gar- dens Parks and Parkways Maintenance District. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT o Resolutions directing the preparation of an Annual Report, approving Preliminary Annual report and setting a public hearing for June 11, 1997 for the West Park 3 Parks and Parks and Parkways Mainte- nance District. .-~-3 A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAIN- TENANCE DISTRICT Resolution of award of contract for the Lux/California/Pine Storm Drain Project to Stoloski & Gonzalez, in the amount of $256,639 as the lowest responsible bidder and a budget amendment of .b~.0 ~ O $310,139. A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO STOLOSKI & GONZALES FOR THE LUX/CALIFORNIA/PINE AVENUE STORM DRAIN IMPROVEMENT PROJECT IN THE AMOUNT OF $256,639, APPROVING A PROJECT BUDGET OF $310,139 AND AMEND- A..G T! 0 N TAKEN . CONSENT CALENDAR RESOLUTION NO. 42-97 RESOLUTION NO. 43-97 RESOLUTION NO. 44-97 RESOLUTION NO. 45-97 Removed from the Consent Calendar for discussion by Councilman Yee. 5/14/97 Page 20 CONSENT CALENDAR Resolution - Continued. lNG THE 1996-97 CAPITAL IMPROVEMENT PROGRAM BUDGET o Resolution of award of contract for the Contour Storm Drain Improvement Project to Uniacke Construction, Inc., in the amount of $63,740, as the lowest responsible bidder and a budget amendment of $85,ooo. g A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO UNIACKE CONSTRUC- TION FOR THE CONMUR AVENUE STORM DRAIN SYSTEM REPLACEMENT IN THE AMOUNT OF $63,740, APPROVING A PROJECT BUDGET OF $85,000 AND APPROVING A CAPI- TAL IMPROVEMENT PROGRAM BUDGET AMENDMENT Resolution of award of contract for the Commercial Avenue Sewer Replacement Project to Uniacke Con- struction, Inc. in the amount of $131,800, as the low- est responsible bidder and a budget amendment of $176,800. ..~9 ~] 7' A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO UNIACKE CONSTRUC- 'lION FOR THE COMMERCIAL AVENUE SANI- TARY SEWER REPLACEMENT IN THE AMOUNT OF $131,800, APPROVING A PRO- JECT BUDGET OF $176,800 AND AMENDING THE 1996-97 CAPITAL IMPROVEMENT PRO- GRAM BUDGET Resolution of award of contract for the 1997-98 Street Resurfacing Project to Ghilotti Brothers Con- struction, Inc., in the amount of $415,705 and a budget amendment of $457,705. A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO GHILOTTI BROTHERS CONSTRUCTION, INC. FOR THE 1997-98 STREET RESURFACING PROJECT IN THE AMOUNT OF $415,705, APPROVING A PRO- JECT BUDGET OF $457,705 AND AMENDING THE 1996-97 CAPITAL IMPROVEMENT PRO- GRAM BUDGET ACTION CONSENT CALENDAR TAKEN - RESOLUTION NO. 46-97 RESOLUTION NO. 47-97 Removed from the Consent Calendar for discussion by Vice Mayor Mullin. 5/14/97 Page 21 O22 CONSENT CALENDAR Motion to authorize the advertisement of construction bids for removal/replacement of underground fuel tants. ~ o 11. Resolution approving a MOU for Operating Engi- ne, ers for the period of 1/1/97 through 12/31/9~.~oO A RESOL~ON AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE INTERNATION- AL UNION OF OPERATING ENGINEERS, STA- TIONARY ENGINEERS LOCAL 39, AFL-CIO 12. Resolution establishing City Treasurer compensa~l~2/! A RESOLUTION AUTHORIZING AN INCREASE IN THE COMPENSATION FOR THE POSITION OF CITY TREASURER 13. Resolution authorizing settlement of action brought by United Anglers for alleged violations of the Fed- eral Clean Water Act at WQCP. o~'2.'~ A RESOLUTION AUTHORIZING SETFLEMENT OF ACTION BROUGHT BY UNITED ANGLERS FOR ALLEGED VIOLATIONS OF THE FEDERAL CLEAN WATER ACT AT THE CITY'S WASTEWATER TREATMENT PLANT AND AP- PROVING AN AMENDMENT (NO. 97-18) TO THE 1996-97 OPERATING BUDGET 14. Motion to authorize adding the City to Amicus Brief in the case of Penna - Pacific vs. City of Oceanside. Motion to approve Minutes of the Special Meeting of 4/23/97, Special Meeting of 4/23/97 and Regular Meeting of 4/23/97. CONSENT CALENDAR Removed from the Consent Calendar by the City Manager. RESOLUTION NO. 45-97 RESOLUTION NO. 49-97 RESOLUTION NO. 50-97 So ordered. M/S Yee/Datzman - To approve the Consent Calendar with the exception of Items No. 1, 6, 9 and 10. Carried by unanimous voice vote. City Manager Wilson stated the City Attorney wants the Minutes of the Regular Meeting of 4/23/97 to include his verbatim comments in reference to the Molieri item. MIS Mullin/Datzman - To approve the Min- utes of the Special Meeting of 4/23/97, Spe- cial Meeting of 4/23/97 and the Regular Meeting of 4/23/97 to include verbatim com- 5114/97 Page 22 A~ENDA 1. Motion - Continued. Resolution of award of contract for the Lux/California/Pine Storm Drain Project to Stoloski & Gonzalez, in the amount of $256,639 as the lowest responsible bidder and a budget amendment of $310,139. ~'0~ 7 ~I2D A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO STOLOSKI & GONZALES FOR THE LUX/CALIFORNIA/PINE AVENUE STORM DRAIN IMPROVEMENT PROJECT IN THE AMOUNT OF $256,639, APPROVING A PROJECT BUDGET OF $310,139 AND AMEND- ING THE 1996-97 CAPITAL IMPROVEMENT PROGRAM BUDGET Resolution of award of contract for the 1997-98 Street Resurfacing Project to Ghilotti Brothers Con- stmction, Inc. ~'0 ~ A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO GHILOTTI BROTHERS CONSTRUCTION, INC. FOR THE 1997-98 STREET RESURFACING PROJECT IN THE AMOUNT OF ,$415,705, APPROVING A PRO- JECT BUDGET OF $457,705 AND AMENDING THE 1996-97 CAPITAL IMPROVEMENT PRO- GRAM BUDGET PUBLIC HEARINGS 15. Public Hearing - Consideration of Negative Declara- tion ND-97-030 and General Plan Amendment GP- 97-030 deletion of freight forwarding and related uses from the Planned Industrial land use category of the East of 101 Area Plan; Conduct Public Hearing; adoption of resolution. .5'0 ~'~ A RESOLUTION ADOPTING NEGATIVE DEC- LARATION ND-97-030 AND APPROVING GEN- ERAL PLAN AMENDMENT GP-97-030 AMEND- ING THE EAST OF 101 AREA PLAN POLICY 5A ACTION TAKEN - 023 ments from the City Attorney. Carried by unanimous voice vote. Councilman Yee questioned, page 3 indicated an original $60,000 and now you want an additional gas tax monies of $260,000. Director of Public Works Gibbs related: monies are distributed on accumulation, but were not allocated; theree years ago planned on $200,000 per year, but we didn't have enough money to do it now. Councilman Yee questioned how he came to a figure of $334,000. Director of Public Works Gibbs stated that is an error and should be $210,000. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 51-97 Vice Mayor Mullin noted there were almost identical bids, and questioned the criteria. Director of Public Works Gibbs stated he goes by State law, and it was a unique situation. M/S Mullin/Penna - To adopt the Resolution. RESOLUTION NO. 51-97 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Femekes stated that based on a con- versation with the City Attorney regarding a conflict of interest he will step down from the dias and would not participate in the discus- sion or vote on this item. Mayor Pm Tem Mullin opened the Public Hearing. Chief Planner Harnish related background information: when the East of 101 Plan was 5/14/97 Page 23 O24 PUBLIC HEARINGS 5. Public Hearing - Continued. TO DELETE FREIGHT FORWARDING AS A USE CONSISTENT WITH THE PLANNED INDUSTRI- AL LAND USE CATEGORY PUBLIC HEARINGS drafted the issue of including warehouse, distribution and freight forwarding uses in the Planned Industrial land use category was debated extensively; the basic issue was whether warehouse, distribution and freight forwarding uses, which generate substantial truck traffic and minimal revenues for the City were consistent with the intent of the Planned Industrial land use category to en- courage office, high technology and bio tech- nology industry to locate in the city; while the draft plan excluded freight forwarding from the PI category, opposition to the exclusion convinced the Council to include such uses when the Final Plan was adopted; since that decision there has been a substantial increase in business license applications for new freight forwarding uses in the City; this has the potential to cause a significant reduction of available land for prime uses such as cor- porate headquarters, research and develop- ment facilities and offices, and the city has received several complaints about truck traffic and parking associated with freight forwarding uses; the Council took action and those uses were added in as being consistent with the category; since the adoption of the Plan in 1992 there have been several issues that have arisen that caused staff's concern; in 1992 there were 120 transportation service firms located in the Plan area and the mass majority of these firms were freight forwarding or custom brokering; earlier this year new re- search indicated that of the 223 freight for- warding firms located throughout the city 172 were located in the Plan area, the additional firms represent a 55 % increase in freight forwarding businesses in the Plan area in the last five years; this is due to the substantial increase in demand for space for freight for- warding uses in the city; there rapid expan- sion of the industry and the reduction in avail- able space for such uses at the S.F. Interna- tional Airport; the expansion plans for the Airport have reduced the available on-airport space for these uses and freight forwarders are looking for new space with good, rapid access to the Airport and of prime interest for new space is the East of 101 area; several 5114197 Page 24 PUBLIC HEARINGS $. Public Hearing - Continued. 5/14/97 Page 25 PUBLIC HEARINGS several conflicts have been identified related tO the mixing of freight forwarding uses with the research and development and office uses which are traffic, parking and aesth~cs and this has raised concern on the City's ability to attract bio tech and research uses, for the intent is to support he expansion of the bio tech and high tech uses and capture a share of that coming into the bay area and preserve the integrity of the existing businesses in the area; a freight forwarder may continue in business and until the business is sold the owner has the same rights; if only a portion of the building is occupied, it can be expanded to expanded to the entire building; the limitation is that the building will be a nonconforming use and cannot be expanded; if it is a manu- facturing use and the building was developed for office use they cannot go back at a later date; staff conducted an EIR and the negative declaration has been reviewed and is in the packet; he spoke of the floor ratios in the East of 101 Plan and the worst case scenarios were analyzed in the document; he described the hearing notification process for tonight's meeting to the affected property owners, not tenants; there have been issues raised by some people not getting notices; at the Planning Commission hearing a number of people testi- fied and raised a number of issues which is summarized in the packet, as well as all let- ters received; if approve, the effect of the amendment will be to prohibit future develop- ment of new freight forwarding uses in the PI area, however all existing freight forwarding uses would be allowed to continue operating in the area for as long as they wish; building owners would also be allowed to lease space to new freight forwarding uses should an existing freight forwarding tenant leave, and allow a building owner up to two years to find a new non-conforming tenant and is directed only at future freight forwarding uses. Mayor Fernekes asked that each speaker only speak for five minutes and with the speaker cards received we can get through them in one and a half hours. PUBLIC HEARINGS 5. Public Hearin~ - Continued. 5/14/97 Page 26 PUBLIC HEARINGS Mr. Tom Szelenyi, business liaison for Con- gressman Lantos, related: Congressman Lantos understands and respects the econom- ics of the City of S.S.F. and it is right to govern itself; congress has no jurisdiction over you, however, the Airport and related industry such as mentioned here is the largest employer in the District; limiting this growth can have a negative effect in trade and em- ployment and that concerns Congressman Lantos. Mr. Gary Stratton, 333 Oyster Point Blvd., ~6, stated his concerns: this is a negative determination; how is this intended purpose for something good by limiting of the free market for someone to benefit; he does not understand why the R&D or office business cannot compete in the free market with the others in the affected area; why does the City need to take the necessary steps to limit this activity in the area. Mr. Timothy Harmon, 300 Swift Ave., stated his concerns: he has been in the Airport area since 1959 and in S.S.F for the last 19 years operating a freight forwarding business; he is also representing the Custom Brokers Associ- ation; most of their employees in S.S.F are also voters; he has written nine pages of ideas and opposition to this; S.S.F. has to have benefited from freight forwarders; export growth in the United States equates to 46% to job growth for every $1 million creates 20,000 jobs in American; he questioned where the real components are for this deci- sion; he asked the Council to throw this out or postpone any decision until some sunlight can be focussed on who really is behind these activities; we are part of S.S.F. regardless of whether or not we live here or not and spend a lot of money here and a lot more than the R&D; he believes R&D and high tech will not stay in S.S.F.; he urged the Council to vote no on this proposition or find the sunlight to shine, so we know who is behind it. Mr. Mark Melbye, 1350 Bayshore Highway, Ste. 150, related: how the market works; PUBLIC HEARINGS AfiENDA 5/14/97 Page 27 ACT!O!/ TAKI/_~ 027 PUBLIC HEARINGS first they have to come to the Planning Com- mission and see if there is enough parking for the customer to purchase the facility; most of these buildings are close together in this section and there is little parking left; most of these buildings have 10% office; with the parking ratios in place it is very difficult to add even a square foot of office - it is impos- sible, so to say we are going to be able to get R&D with the parking is impossible; so not only are the buildings going to be noncon- forming, but there is no way to bring the new R&D in because of not enough parking; if you are going to intensify the use and we have parking problems now what is the in- tense use going to do to the area, for this is one of the nicest areas; it is nearly impossible to find land now because of the price or zoning, and if you take away this land it will make it very difficult for us in the future; he would like to see an effort to join with them and better educate yourself and learn the facts on this market and make better sense. Councilman Perma asked if the gentleman had any space available in that particular area right now. Mr. Melbye stated he has one space that is available now, it is approximately 13,000 sq. ft. on Echols. Mr. Dennis Wootten, 124 Danbury Lane, R.C., Director of Office Services and manage real estate for freight forwarders and have 36 facilities in the impacted area. He cited his concerns: he was at the Planning Commis- sion meeting two weeks ago and the Vice Chair sated the Commission was really not making a vote and not sending a strong rec- ommendation and were just passing it along for the freight forwarders to give the Council input and you make the decision; what if you were to protect the grandfathering and allow them to develop property or list property regardless of the impact use, this would offer protection to the landlords and the tenants; there were no p.roponents at the Commission meeting, but 25 speakers against the amend- PUBLIC HEARINGS 5. Public Hearing - Continued. 5114197 Page 28 028 PUBLIC HEARINGS ment; if he was the director of real e~tate for a bio tech company, why wasn't he at the meeting - where were they, and he would be surprised if any were here tonight; he asked the Council to weigh this heavily and at least ask that it be reconsidered. Vice Mayor Mullin stated the Council did receive the meetings of the Commission meet- ing and read the documentation that consisted of twenty pages. Mr. Larry Rekow, 240 No. San Anselmo Ave., San Bruno, stated he has been a freight forwarder for the last 23 years and 12 of those in S.S.F. asked the following ques- tions: what sink of industries do you want in S.S.F., for he gets the feeling that you are trying to cast your nets for a Genentech that may or may not be there; freight forwarding is an honorable and they are considered pro- fessional like lawyers and politicians; S.F. used to be a world class port, and today no vessels call there, no steam ship lines for they went to Oakland, because they realized the shipping was important, but S.F. would not modernize and see tho big picture, so they lost it; if the freight forwarders get this chill- ing negative dec. and get the feeling they are not wanted, are told they are grandfathered in and cannot grow, it makes you feel like a second rate citizen; he thinks the two main reasons are conflicts which are being identi- fied as traffic and parking problems, but those problems are every where; he comes in early when the cars are lined up, but if he comes in later or in the evening the traffic is not bad; he does not see how this solves the problem and you say it is a management problem; the other problem is economic, but without the numbers he respectfully submitted that the time and money the city is spending on this you could invest in the freight forwarding business; he feels the air freight is going to double because the Airport is going to double, so the city should prepare for the future and not choke a noble industry. Mr. Brent Wickam, 1340 Bayshore Highway, AGENDA ACTION TAKE_N PUBLIC HEARINGS 5/14/97 Page 29 O29 PUBLIC HEARINGS West Bay Fast Freight Forwarding, stated he has talked to over a hundred forwarders and many were not aware of the negative declara- tion and certain people tonight wore told by me, yet they are within 300' of the area. He cited his concerns: he thinks there is a lack of knowledge on what was said at the Plan- ning Commission meeting; many people are not even aware of where Cabot, Cabot & Forbes is located and it is not East of 101, that is on the other side of the freeway; that area was build for freight forwarders, the streets are larger and is consistent with the use; if the city rezones and moves them south and east, then you create more traffic in the other areas because they are forced out; the city is not sending out a positive image and the negativism speaks for itself; it seems to him you can downsize the Planning Com- mission to some degree like the corporate world is doing; the free market built firms like Sees Candies and Genentech; there are no proponents for the amendment; if this regula- tion passes you will scare away new business- es; he thinks R&D business is beneficial and positive, but leave it to the free market dic- tates. Mr. David Black, 518 Hurlingam Ave., San Mateo, stated he is Vice President CBI, cus- tom brokers, who own property in the area and have a healthy vacancy factor. He cited his concerns: he has been to each of the meetings and wants to know, who is behind this; the first property he leased four month ago, the Gallo Building, that is zoned planned industrial; prior to their moving out they met with the City and they wanted a higher, big- ger use and we showed it for a warehouse and distribution use, and Genentech called, but did not go through the building; finally the City approved the use permit and we went through the financial hurdles that cost more than it should have; he wants to review the vacant land in the area; the Gateway/Homart site has 28 acres still available after four years; Serra Point is coming on line with a two story office building R&D, but the phone calls say warehouse distribution; the Fuller O'Brien PUBLIC HEARINGS 5. Public Hearing - Continued. 5/14/97 Page 30 030 PUBLIC HEARINGS building has been available for four years and the only interest is for a warehouse or freight forwarding type uses; on Point Grand 20 acres has been available for ten years, so leave well enough alone or you will have nonconforming uses and higher vacancies. Councilman Penna asked if he had warehouse space available and the answer was no. Mr. John Monfredini, 477 Forbes Blvd., stated his firm owns four buildings in the impacted area and was here to show opposi- tion to the amendment. He related: S.S.F. is a wonderful place to live and conduct business and has access to transportation, utilities, the Airport, the support services are first rate historically by the Council; how can we re- solve the needs for the City and still protect rights and positions of the buildings; he does not believe the Council has had the time to evaluate the implications of this amendment; it needs more input and study to develop a plan to address the concerns of all and protect the property rights of the businesses in the impacted area; in the current debate the freight forwarders have been much maligned people; he feels freight forwarding is the number one industry in the nation in growth and the bio teeh businesses are also booming; the Council must keep the businesses current- ly here viable and the message should be, we want you; land and buildings are functional when available for sale; S.S.F. is currently home to many bio tech companies that are here because when they needed space they were the highest bidders for the space; the free market always, 100% of the time, deter- mines the highest use of real estate and there is room for all; he urge the Council to contin- ue the item. Councilman Penna asked, in buildings that you have right now, do you have vacancies. Mr. Monfredini stated he just had the building that sate vacant for a year, but he has two buildings for lease, etc. AGE_NDA PUBLIC HEARINGS 5. Public Hearings - Continued. 5/14/97 Page 31 031 PUBLIC HEARINGS Mr. Gary Miller, 573 Forbes Ave., stated he is a freight forwarder and received notice of the meeting on 5/20/97, but he had less than two weeks to respond to the notice, The businesses wrote and faxed in letters protest- ing the amendment and had John write the City to explain their position. They attended the Commission meeting and spoke in opposition, and not one person spoke for it and the same was true at the Chamber of Commerce meeting. On 5/13/97 our Attor- ney wrote another letter asking to postpone the public hearing and work out another proposal. The property owners, the freight forwarders, the custom brokers and the dis- tributors do not want this and urged Council to disapprove this plan; he stated Atty. Hoffman's letter was sent to Mr. Van Duyn and asked him to pass it on to the Council to consider how we feel; he feels the Mayor has a conflict because of his employment; Atty. Hoff~iian brought up several issues in the letter that were raised at the Chamber meeting and was discussed with Mr. van Duyn to put together something and submit it to this meet- ing; four hours was not enough time to submit it for it is quite detailed. Mr. Richard Van Doren, See's Candies, stated the last time he spoke was during the East of 101 Plan and the proposal to eliminate trucking. The more he looks at this statement there is a hidden agenda, for who uses the big trucks. He related: his firm uses a number of trucks and the owner of the business has reached the breaking point on this issue and is not too happy; this is an investment for the owner and the employees; to him the Planning Commission is your stock brokers and are recommending you invest in this plan; he thinks any smart investor will say we have to be diversified, because in this plan you are starting with diversity and coming down to none, and his firm thinks this is a bad invest- ment; we want to be in S.S.F., but we do not want a cloud over our heads; See's has been a part of the community for 41 years and in- vests in the community; we never pat our- selves on the back, but in the last six years PUBLIC HEARINGS 5. Public Hearing - Cominued. 5/14/97 Page 32 ACTION TAK_E_N . 032 PUBLIC HEARINGS we have given $250,000 to the schools and if we pull out - what then; we want to grow and be part of the City; the last thin is our em- ployees, in the fall we go up to 1,300 and the majority live in S.S.F., are residents, shop and buy gas and we have notified them of this meeting tonight; if it passes we will take it to the ballot and go to the ballot; he hates to be making threats; CC&F is a beautiful tract, but this will do it. Councilman Penna asked what the opposition was in establishing your plant on Rozzi Place. Mr. Van Doren related: they spent $20,000 for an architect for drawings the 20 items went on and on and they said they need more warehousing; they didn't have lots of time and needed to expand, and spent another $15,000. Mr. David Blaekwell, Ellman Burke Hoffman & Johnson, Attys., 1776 Sacramento, #610, S.F., handed a letter to the City Clerk for the record from Mr. Hoffman, dated 5/13/97, that was to be forwarded to the Council yes- terday after being delivered to some planners yesterday. ELLMAN BURKE HOFFMAN & JOHNSON A PROFESSIONAL LAW CORPORATION ONE ECKER, SUITE 200, SAN FRANCISCO, CA 94105 TELEPHONE: (415) 777-2727 FACSIMILE: (415) 495-7587 May 13, 1997 VIA FACSIMILE AND HAND DELIVERY City Council City of South San Francisco 400 Grand Avenue South San Francisco, California 94083 Dear Mayor Fernekes and Members of the City Council: PUBLIC HEARINGS 5. Public Hearings - Continued. 5/14197 Page 33 PUBLIC HEARINGS We are writing on behalf of several property and business owners in the East of 101 Area with reference to General Plan Amendment GP-97-030 and Negative Declaration ND-97- 030, which are scheduled for hearing before you tomorrow evening. We appeared and submitted a comment letter on behalf of these parties at the Planning Commission hearing held on May 1, 1997, submitted a further letter dated May 5, 1997, and also attended the Business Forum sponsored by the Cham- ber of Commerce on May 12, 1997, at which these proposals were extensively discussed. For the reasons stated below, we request that the Council continue the public hearing and its consideration of this matter for a sufficient period of time to allow interested parties and City staff to work on alternatives to the pro- posal that would allow the City to pursue its land-use goals for the East of 101 Area, but would also preserve more opportunities for growth of the freight forwarding and related businesses that are currently the economic mainstay of this Area. The parties we represent, including John C. Nickel Properties, Pacific Agri-Products, Inc., Bedford Property Investors, G.M. Miller & Co., Inc., and Woodmont Real Estate Inves- tors, are not opposed to the City's desire to stimulate the growth of biotech and other research and development activity in the East of 101 Area, but they have-very serious con- cerns about the impacts of GP-97-030 on leasing opportunities, property values, local job opportunities, and the general economic health of the Area. In particular, they are concerned about (1) the lack of any opportuni- ties for growth and expansion of freight for- warding and related businesses outside the footprint of existing buildings currently devot- ed to those uses, and (2) the restrictions on continuing these "nonconforming" uses even in existing buildings if there is an interruption in those uses for more than a 12-month peri- od; and (3) the apparent lack of any support- ing cost-benefit, fiscal or other economic studies showing that GP-97-030 will actually PUBLIC HEARINGS ~. Public Hearing - Continued. 5114/97 Page 34 PUBLIC HEARINGS concerns about the impacts of GP-97-030 on leasing opportunities, property values, local job opportunities, and the general economic health of the Area. In particular, they are concerned about (1) the lack of any opportuni- ties for growth and expansion of freight for- warding and related businesses outside the footprint of existing buildings currently devot- ed to those uses, and (2) the restrictions on continuing these 'nonconforming' uses even in existing buildings if there is an interruption in those uses for more than a 12-month peri- od; and (3) the apparent lack of any support- ing cost-benefit, fiscal or other economic studies showing that GP-97-030 will actually produce the various revenue enhancements and other benefits for the City projected in the staff reports. To date, no public support has been expressed for GP97-030, either at the May I hearing before the Planning Commission or at yesterday's Business Forum. Substantial opposition has been voiced, not only by prop- erty owners and businesses in the affected area, but also by others concerned about the proposal's effects on overall economic condi- tions in the City, the effects of displacing freight forwarding and related businesses to other areas of South San Francisco or areas outside the City, and the City's finances. Real estate brokers and others familiar with the sale and leasing markets in the East of 101 Area have presented information showing that, to a substantial degree, biotech/R&D uses and freight forwarding/distribution uses are not in competition with each other for the same properties. Biotech, R&D and similar uses support higher per square foot rentals than freight forwarding and distribution. There is considerable undeveloped land in the East of 101 Area that is capable of develop- ment for biotech and R&D uses, but the land values are too high to justify new construction for freight forwarding, warehousing or similar uses. On the other hand, practically all of the im 03g PUBLIC HEARINGS 5114/97 Page 35 035 PUBLIC HEARINGS would be severely curtailed by the parking requirements. A number of these existing buildings can be used for freight forwarding, distribution or similar uses with minimal conversion expenses, even though they are not now being used for those purposes, and would be available as expansion space for these types of businesses, if not for the prohibitions currently included in GP-97-030. Freight forwarding and similar uses are cur- rently in a growth mode due to the steady increase in air cargo shipments, particularly international shipments, at San Francisco International Airport. We are concerned that, if opportunities for growth and expansion of freight forwarding and similar uses are limited to existing buildings where those uses are currently established, even the businesses that are currently located in the East of 101 Area will be forced to relocate out of the Area in order to meet their ongoing expansion needs. Similarly, the lack of future expansion oppor- tunities will deter new businesses from mov- ing into the Area, even if they can find space to meet their immediate needs. Since the properties in question are not suitable for biotech, R&D and similar uses, the restric- tions on leasing opportunities will cause prop- erty values and tax revenues to decline, and create additional police, sanitation and other problems associated with vacant or underutilized properties. We believe these undesirable consequences can be avoided by modifying GP-97-030 to eliminate, or at least to reduce substantially, its impact on the use of existing improved properties in the Cabot, Cabot & Forbes Industrial Park and the East of 101 Area for freight forwarding, distribution and similar uses. We are willing to work with the City in a study group, task force or whatever forum the City would find most productive, to ad- dress these and related issues of concern to the City, in an effort to develop a modified land-use proposal for the East of 101 Area that could gain the support of a substantial portion of the Area's property owners and AGE_ND_A ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 5114197 Page 36 PUBLIC HEARINGS 036 even receive notice of it until shortly before the May 1 Planning Commission hearing, and are still in the process of understanding and evaluating its effects. Some property owners, and others affected by the proposal such as businesses operating in the area, did not receive notice from the City, and only learned of it from others who did. More time is needed to study the impacts of the City's proposal, to develop concrete alternatives based on solid factual data, and to work to- wards a substantial consensus of the affected parties. We request a continuance of 30-45 days, with an evaluation by the Council ap- proximately 10 days before the end of that period to determine whether a further exten- sion is warranted. We believe the prospects of developing a better proposal that will at- tract substantial public support, rather than the unanimous public opposition voiced to date, are more than adequate to justify this modest continuance. Thank you for your attention to and consider- ation of this request. Sincerely, Ellman, Burke, Hoffumn & Johnson A Pro- fessional Corporation cc: Mr. Marty Van Duyn (via hand delivery) Mr. Jim Harnish (via hand delivery) Mr. Blackwell related: the objection is based on the notice, there was insufficient notice of the Planning Commission notice; it is ten days by delivery by mail to the owners of the affected property owners; we did not have time to investigate that, but there were a number of owners that did not get notices; the negative declaration under CEQA is totally insufficient, because of that an EIR is re- quired to be conducted; there has to be an PUBLIC HEARINGS 5. Public Hearing - Continued. 5/14/97 Page 37 037 PUBLIC HEARINGS analysis of the freight forwarding if you put a nonconforming use, they have to relocate or die; there is case law on nonconforming uses that have impact under CEQA; this was ad- dressed in the May 5th letter to the Planning Commission by Mr. Hoffman; what has not been addressed, is that you have not ad- dressed in the negative declaration or any prior EIR is a more intensive investigation into industrial uses and parking; so the nega- tive declaration is inadequate and the EIR did not address the impacts of the proposed gen- eral plan at the Plnnnirlg Commission hearing; this is a key to being a nonconforming use for the use is not protected, would be transitional uses and would be phased out over time; this proposed amendment is arbitrary and makes no sense except to create an artificial market for R&D to move in and that is prohibitive by California law and future legal action; etc. City Attorney Mattas assured the speaker there is no intention to artificially depress the land value. He stated the EIR was prepared for the 101 area, based on F.A.R.s and was not use specific and was worse case scenario and was based on the absence of freight for- warders where they were added back into the plan. He stated that case law does not sup- port that because .there are ample opportuni- ties for freight forwarders in other areas of the City and would not have to move that far; Mr. Frank Lopes, 570 Eccles Ave., ques- tioned: what is the immediate threat to the public health that is referred to; and where are the pedestrians in the East of 101 area; he noted that most people in that area drive and questioned if the general plan amendment was being pushed through, so the area will be consistent with Genentech; are plans formu- lated in future to contaminate with research experiments gone awry; this unjustly penalizes the property rights for his and other compa- nies and urge the Council to vote it down. John Hoffman, Atty., stated he and Mr. Blackwelll represent a lot of custom brokers AQ~A A~I!QN TAE~ PUBLIC HEARINGS 5/14/97 Page 38 03'8 PUBLIC HEARINGS and landlords that lease their property to a use that will become prohibited. He is also the author of the mystery letter that was never given to the Council. He spoke of the Cham- ber of Commerce meeting he and others attended, at, er that meeting he spoke to Mr. Van Duyn asking for a deferral for there is a need for dialogue with the business communi- ty and that could only happen with a continu- ance. He suggested writing a letter to the Council and have it delivered to Mr. Van Duyn's Office and he delivered three copies, one for him and Harnish and one to the Coun- cil and also faxed a copy to the City yester- day. He did bring a copy for reference to night for the Council to continue the public hearing to allow the interested parties and staff to work on alternatives to allow the City to pursue land use for the area, but also per- ceive opportunities for the freight forwarders that are currently the economic mainstay of the area; etc. Mayor Pro Tem Muilin asked Mr. Hoffman to give the copy to the City Clerk (a copy of the letter has been scanned into this document on earlier pages). Councilman Penna stated if a continuance was granted there would also be a continuance of the moratorium. Mr. Hoffiman stated he understood the City has to do that to keep their options open and it is a cooperative effort and we have to respect each others needs. Mr. Jack Nichel, 530 Eccles, stated he was involved in the East of 101 Area Plan where you were against freight forwarding and warehousing, and we defeated its removal from the Plan, but like a recurring nightmare it is back. It is ill conceived then, and is worse now. There is a rational argument why it failed and the legal reasons John Hoffman spoke to and there is much undeveloped land going begging for bio tech businesses. He cannot think of a single example of a bio tech business losing out. He stated you cannot PUBLIC HEARINGS 5/14/97 Page 39 ACTION TA_K~N PUBLIC HEARINGS borrow money with a nonconforming use and they will go to the Assessor to lower the as- sessed values. The R&D people will not live in $.$.F., but will live in Atherton or Palo Alto. They will shop in S.F. and Paris - not on Grand Avenue. They will displace the hard working people that invested and built this town for we are employers and our em- ployees live and work here. Mr. Rod Diehl, 270 Lafayette Cir., Lafayette, Bedford Property Investors owns five proper- ties in S.S.F., all in the Planned Industrial and all five will suffer economic effects if this is passed. He stated their portfolio consists of warehouses and distribution, and freight forwarders are only one. Even if they could retrofit these buildings we are limited by the parking, it is not going to work for you would have to tear pans of the building down that need to be addressed. Making the buildings nonconforming uses will make them obsolete. He stated they are opposed to R&D and high tech when it is at their expense, and that seems to be what the City wants to attract. This proposed amendment is a bad idea, for you don't value your own people in the area and the political climate is unpredictable and hostile and those are not good messages to send. He stated, with respect to the research in particular, if the goal is to raise the tax base, this will not do it. At the Chamber meeting the question was asked, what re- search has been done, has there been a cost benefit analysis done. It has not been done and staff does not know the numbers and without that information passage of this is an uncalculated gamble using others people's money. He hopes Council receives the truth tonight and votes this down, if you can't do that then make a motion for continuance and come up with an equitable solution. Mr. Paul Shepherd, 401 E. Grand Ave., stated he arrived here 34 years ago to start CC&F and this is not the first change in the land use, and hardly any of the tenants are the original occupants. The uses of buildings PUBLIC HEARINGS 5. Public Hearing - Continued. 5/14/97 Page 40 04O PUBLIC HEARINGS change in time, particularly in an environment like S.S.F. He is responsible for Genentech being in the first phase. Bob Swanson who was the first Chairman wanted to bo in tho park because of a long relationship and these things happen as a result of the natural mar- ket. Good quality development can only be justified by the market acceptance, it never works for the City to force a land use it does- n't work here or in Russia. He was very interested in the comments about credibility and property rights by a room full of people that have invested in a City, an industrial city, and some of that credibility is going to be lost when it is quite clear to the community they are being treated in a shabby way. They are all going to walk if you make them nonconforming buildings, it is not worth this and they will go to other cities. He stated a 1992 traffic study is no longer valid and it changes the numbers for the R&D, if you are going to take action based on the traffic impacts. He has heard it said this amendment is because of the sales tax the' City will get - which has not worked in other cities. Ms. Susan Lowenberg stated she owns prop- erty within 300' of the affected area and Nally's Foods moved out and another building is occupied by the City and County and the other is 26,000 sq. ft. She came to the City with a printer that was not high tech and it was turned down because of the parking. Her building is very typical of what is in there to do high tech. She does have a vacancy, she cannot use the top 2,200' feet of office space because she doesn't have the parking. She wears another hat as Chairman of the Planning Commission in S.F. She is a little dismayed, for Mr. Van Duyn is out there cracking jokes in the lobby, but he didn't have any answers for her. She asked the Council not to make the same mistakes S.F. made where they lost 20,000 jobs. All of the Planning Departmentments are opening up zoning everywhere because the policies in the PUBLIC HEARINGS 5. Public Hearing - Continued. 5/14/97 Page 41 041 PUBLIC HEARINGS 1980s don't work. Mr. Van Duyn admitted he has not given out any redevelopment dol- lars, yet they bring people in and you give them tax credits for improvements; etc. Mr. Randy Keller, 13501 Bayshore, Burlingame, related: the amendment talked about 61% increase in the number of freight forwarders - how was that derived; is that business licenses; business licenses may come from a 100% occupied by brokers and is mis- leading, so the increase is not necessarily something that is crowding out other uses; there has been no industrial development in the area so the companies are growing and not being restructured; if there is develop- ment, there is no industrial growth; so, the licensing increase is not reflective of square footage for one could be 10,000 sq. ii. and the other 100,000 sq. ii. which does not tell you anything; how does reducing and elimi- nating warehousing and freight forwarding in buildings help you; the R&D companies can go anywhere and there is a high concentration in S.S.F., they come to this area without being limited so trying to increase their number is noble but the way you are going about it you are not doing anything to attract them for they can be anywhere in the bay area, but freight forwarders have to be by the Airport; etc. Mr. Steve Eiiimious, 1015 April, stated he is a resident and works on Littlefield but not in the affect use. He makes a living fixing the trucks and will be affected by this amendment in five years for if the landlords are forced to tear down their buildings; the truck drivers spend money in town getting a bite to eat for they are local, now you take that use away and all you have is lots of cars; he urged the Council to look ahead and not put all their eggs in one basket. Mr. Tom Sabbadini, 930 Tournament Dr., Hillsborough, stated he is a part owner of a building on Littlefield and noted there is no apparent support for the amendment to the general plan. He stated if there is no real PUBLIC HEARINGS 5. Public Hearing - Continued. 5/14/97 Page 42 042 PUBLIC HEARINGS reason - if it is not broke, don't fix it. He cannot see how this makes sense as a planning perspective for the core findings in the indus- trial classification is distribution and freight forwarding, for this is like saying you don't allow residents in a residential area. He feels something is wrong with the planning for there is residential, a school, automotive and office space. He agrees with the comments from the other speakers and urges the Council to vote no. Gary Royce, Atty., 421 Grand Avenue, stated he has been a local attorney for 27 years and was here representing Galio's unimproved adjacent property at 440 Forbes Blvd. He knows property owners that would commend- ed the Council for bringing in R&D and high tech uses, but the single component is to eliminate warehousing, freight forwarding and distribution which is the main stay. He does not see correlation in what is suggested and bio tech coming into here. Everyone who has gone before me this evening has existing uses and he represents the only client that will be impacted by this proposal on unimproved property when 90% of thc businesses that exist in CC&F are these uses. He suggested the Council send this matter back to staff, staff study this and develop guidelines for mixed use. The gentleman from See's mentioned referendum and sending a message out for Burlingame greeted him with open arms. There was another speaker from Bedford Properties who said you are sending this negative message and as a resi- dent for 25 years and a businessman he is troubled that is not the message you should send. He suggests permit process, it says we want business, we want you to bring in a quality business that considers your neighbor- hood, something that is productive to the community and if you do that you will be far ahead of this rather than eliminating the use. Mayor Pro Tem Mullin closed the Public Hearing. Discussion followed: Councilman Yee c. om- PUBLIC HEARING 5. Public Hearing - Cominued. 5114197 Page 43 043' PUBLIC HEARING plemented the speakers for their professional conduct; he appreciates where the speakers are coming from, but his role is to also take care of the City and needs to look at the bigger picture; the Council can continue the item or table the item to give us more time to digress; he needs more time to look at the map provided tonight and look at the original EIR that deals with the traffic and other things; he is concerned with the land use issue - what is best for the City and for the speak- ers; he has been with the City for a long time and supports business; we can have a task force to work out the concerns that the busi- ness people and the residents rather than taking more time tonight and will make a motion to table the item; City Attorney Mattas stated, then the item would have to be readvertised or continued to a date certain, but if you table you have to readvertise; how long is the moratorium that was approved two weeks ago; 45 days and then a public hearing is noticed to continue the hearing; what Coun- cilman Penna was hearing, was parking for the R&D use, and what are those require- ments; one space for every 500'; Mr. Jack Nichel stated it was 1.8 for high tech and that is with an exception; Gary Royce, Atty. stated there was an application a month ago where a company asked for a variance and it was 3 parking spaces for 1,000' and it was three parking stalls, but the guideline was three stalls for each 1,000' of space; in the industri- al use area for research and development it is one for every 300 gross square feet and there is an exception based on a parking demand analysis and is a case by case basis; Council- man Penna stated we have policies that give exception, Genentech got it and others; Genentech has a master plan for the entire campus; if we pass this tonight there will be hardship for those people that have warehouse buildings that would not be able to provide the parking - that defeats what Council is trying to do here; Councilman Penna asked what Council can do for these building in these areas that cannot provide sufficient parking so we can get bio tech or R&D with out tearing the building down or merge it; PUBLIC HEARINGS 5. Public Hearing - Continued. 5/14197 Page 44 044 PUBLIC HEARINGS Council can do this on a case by case basis; if Council wants to deal with the parking short- ages, staff should come back to the Council or the task force to address thc issue after thc individuals that are interested are given the chance to discuss this; Councilman Penna's sympathies are with the group, but he is elected by the people and that is his first obligation but understands exactly what has been said here tonight, so the parking ques- tions must be resolved otherwise we defeat the purpose of what we are attempting to do; he heard the question, why are we doing this, it is because right now S.S.F. is the largest, west of the Mississippi and will be the second city in bio tech in the form of applications; the second problem is the expansion of the Airport; he is interested in the sales tax reve- nue this City can get from high tech and R&D companies; three years ago the State took away 10% of our budget and have no inten- tion of giving it back so we need to look for sources of revenue and like it or not you are a partner, and bio science provides sales tax and property tax which is higher than any other use; there would be a lot of nonconforming use in a specific area, but there are a lot and See's Candies is one of them that have been here for 40 years on El Camino and So. Spruce and for the last 30 years the zoning has been commercial not manufacturing; Councilman Datzman stated he is not a land use expert, has a limited amount of special- ized knowledge when it comes to real estate, but when it impacts the City budget then he does have a role; one concern is the expansion of the airport - what does that mean to S.S.F. and how are we going to respond so we are not just sitting and waiting while things happen; following that, staff brought us a lot of documentation which he spent a lot of time reading; what we are hearing is a large increase in freight forwarding; we are told high tech use will enhance revenues; in con- trast we are advised that freight forwarding generates little tax, that is an economic fact; we spoke of his career with the City during bad economic times and we tried to decide how to become more proactive to keep the PUBLIC HEARINGS 5. Public Heatring - Continued. 5/14/97 Page 45 045 PUBLIC HEARINGS library open and provide high level service; he feels we should sit down and resolve this issue; Mayor Pro Tern Mullin stated he spent hours trying to digest the concepts and came back to the fundamental issues; he has seen the generic document, that indicates freight forwarding is a modest revenue provider; fortunately he does not have to go through the wrenching experience to decide which set. ic- es will be cut back, but he is looking at a document where tho revenues generated are similar to non-profit and right-of-way for they contribute less than the cost to serve it, whereas business to business generates far in excess for servicing it; freight forwarding generates modest returns to the City and as a policy maker that is fine, as long as we keep it within bonds, for he read through this as the number of growth with the projected growth from the Airport and there is very limited space existing at the Airport to accom- modate these types of uses; this city being ideally suited adjacent to the Airport, logisti- cally tells him this use is going to explode and will take over the existing land bank; then, he thinks he is derelict without some way to put a balance on this; they create a modest num- ber of jobs, and he as a policy maker has an obligation to deal with the issue; he is con- cerned with the issues of traffic and parking that have not been addressed; he wants staff to respond to some of the questions. Chief Planner Harnish stated he had taken a number of notes and if the Council wants staff to develop some responses for another meet- ing. Discussion followed: Mayor Pro Tem asked if Council felt there are sufficient issues raised which would be better addressed for the staff to prepare as a formal response to the different concerns; Councilman Yee felt staff could not only deal with the responses, but staff needs to know the direction Council wants to go in; he has a lot of questions and issues he wants to bring up but if we are going to continue it he will not bother; he questioned how the moratorium would fit in; PUBLIC HEARINGS 5. Public Hearing - Continued. Mayor Fernekes Returned to the Podium: 5/14/97 Page 46 PUBLIC HEARINGS City Attorney's suggestion is to maintain the status quo by having the moratorium exten- sion come back at the next meeting, and if Council wishes, allow ad~quat~ time for staff to respond by continuing the public hearing one or two meetings out and handle the mora- torium separately; he suggested continuing the public hearing to the first meeting in June for staff to have sufficient time to respond; he stated there has been no denial of speaker's rights, and Councilman Datzman's question was posed to the audience if they are going to present an alternative, was the time sufficient; Atty. Hoffman stated the suggestion was that the City and the business people work togeth- er rather than come up with lone proposals, so he suggested a task force and the Council has questions for the staff and maybe that process would have to take place; he suggest- ed a working group rather than the formality and come up with ideas jointly that make better sense; Councilman Datzman agareed; Councilman Yee asked if there was enough time between now and 6/11/97 to have a task force meeting or study session so some of the issues can come out in an informal session; City Manager said it is difficult to schedule because the next one is for the budget session that will take two sessions; how soon can Atty. Hoffman get the comments, then staff can sit down and start with the dialogue and in the interim we can receive Council ques- tions; Mayor Pro Tem continued the item to the first meeting in June; Councilman Yee asked if it was appropriate for a Subcommit- tee of the Council to work with the business community to get some of those points across; Councilman Penna suggested working with the Chamber of Commerce; Councilman Datzman has a problem with a subcommittee and thought it should be staff and have them come back to Council. M/S Yee/Datzman - To continue the Public Hearing to 6/11/97. Carried by unanimous voice vote. Mayor Fernekes returned to the podium at A~NDA Mayor Fernekes Returned to the Podium - Continued. ECESS: ~C~LTOO~ER: fi'EMS FROM COUNCIL 16. San Francisco International Noise Variance, letters from Foster City Mayor Larsen, Senator Kopp, Assemblyman Lempert, SFIA Airport Director Mar- tin and former Foster City Mayor Yee. ~- / ~--~, ACTION TAKEN r 47 12:24 a.m. Mayor Fernekes called a recess at 12:25 p.m. Mayor Fernekes recalled the meeting to order at 12:32 p.m., all Council was present. ITEMS FROM COUNCIL Councilman Yee stated he asked the City Manager to place this item so when he attends the Roundtable meeting he would have clear direction. He stated this deals with the vari- ance question and the response from the Airport, and he suggested, unless the Council instructs him otherwise, that this should go before the Roundtable rather than individual lobbying. The other issue we already dealt with, that is the membership and Council will have a chance to deal with the MOU for as he recalls there was no opposition. Councilman Datzman and Mayor Fernekes agreed. Councilman Penna wanted to talk about this again for there has always been certain south County cities that bunch up against us, and when we feel the impact, his question is do you think we could relook at having those cities join the Roundtable. He does not want this City to be jeopardized if the Airport changes routes for we are already impacted. Councilman Yee stated if Councilman Penna's concern is the political part of it, then he is absolutely right because we are dealing with the south and the north but we are all con- cerned with Airport noise. Councilman Penna stated Milibrae is impacted now because 85 % of those flights tnke off over Millbrae. Councilman Yee stated Councilman Penna has to trust the system and the Roundtable. Mr. Roger Chinn related: there a lot of investigations of what could make changes; it is said it will take a unanimous vote; legal opinion says majority voice carries; Pacifica 5/14/97 Page 47 1TEMS FROM COUNCIL 5. San Francisco International Variance - Continued. G~DA~WELFARE ADJOURNMENT: 048 ITEMS FROM COUNCIL is opposing this for there was an experiment tO reroute over Pacifica and it was conducted poorly for they came in at 7,000 feet and slam dunked across Pacifica over the bay at a high altitude; there are changes in arrivals over southern cities and flights are as low as 3,500 feet over Atherton; FAA ruling is that you cnnnot shift noise from one community to another and that is set in stone; there is a problem in the south that can be corrected. GOOD AND WELFARE No one chose to speak. M/S Penna/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:47 a.m. '--=ESPE~LLY SUBMITYED, §arbara A. Battaya, City Clerk City of South San Francisco APPROVED. City. of South SancF-,r~ancisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, 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. 5/14/97 Page 48