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HomeMy WebLinkAboutMinutes 1998-08-11Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes Karyl Matsumoto lohn R. Penna MINUTES City Council Municipal Services Building Community Room VI)J.; 3 August 11, 1998 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 11, 1998 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 Tuesday, the 1 lth day of August 1998, at 5:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting is a study session for discussion of: SunChase GA California - Terrabay Phase II and III City Clerk City of South San Francisco Dated: August 3, 1998 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) SunChase GA California - Terrabay Phase II and III ACTION TAKEN 5:38 p.m. Mayor Mullin presiding. Council Present: Council Absent: Datzman, Fernekes, Matsumoto, Penna and Mullin. None. Mayor Mullin stated this study session will be con- cluded in one hour, 5:30 p.m. to 6:30 p.m., and from 6:30 p.m. to 7:00 p.m. the Council will eat dinner. Chief Planner Harnish stated he would take ten to fifteen minutes, the applicant five to ten and then the developer, that is going to purchase Phase Two, has a description. Mayor Mullin stated then they would entertain speakers from the audience for the last twenty min- utes and wrap up the study session at 6:30 p.m. 8/11/98 Page 1 AGENDA ACTION TAKEN .~unChase GA California - Terrabay - Continued. Councilman Penna stated, do to the fact that he is a real estate broker, he will abstain on all land use issues from here on in. The FPPC has ruled that realtors have a conflict of interest, so until that gets resolved he will step down from any conflict of interest land use issues, and proceeded to leave the podium. City Attorney Mattas stated the Political Reform Act prohibits participation, if it is reasonable that it will have a material effect and that can include a finan- cial interest. He stated the FPPC has expanded the scope for real estate agents, which is what Council- man Penna mentioned on the FPPC advise letter on foreseeable income to real estate agents and brokers for real estate transactions, then it is reasonable that it will be a conflict of interest to take part in any land use decision by a Councilperson which was a recent FPPC opinion for a Councilperson in another City. He stated Councilman Penna does not have a contractual relationship, it is only that he is in real estate, and the FPPC says that could be a conflict of interest, for when a home owner has his home re- sold there is income tbr the broker or agent. As a result Councilman Penna has decided to excuse himself until the regulation has been modified. He stated the Association of Realtors has made an at- tempt to have a clarification from the legislature, be- cause if they need a 2/3 vote it is hard to find the votes for the bills. The FPPC has started a process to revise the administration itself, and it is possible for a clarification for a clear understanding tbr es- crow and title companies. He stated the regulatory change, that process, will go on for the next six to nine months and at the close of that it will be, per- haps, when agents and brokers can participate. Councilmember Matsumoto questioned if the Coun- cilmembers should not discuss issues as long as they are land issues with Councilmember Penna. City Attorney Mattas replied yes, he will provide the Council with memos that explain the parameters to explain that. The FPPC does include preliminary negotiations and discussions and Councilman Penna will abstain, but he is still a broker in the City and in his role as a broker he is capable of advocating as a broker and that is why he will abstain. Mayor Mullin stated he just attended a critique of local California government and they average more 8/11/98 Page 2 AGENDA ACTION TAKEN ,_$..unChase GA California o Terrabay - Continued. than one per Council and 85% of city business is land use, so it is conceivable. He thinks the ruling is very broad and needs more interpretation, but he appreciates Councilman Penna's concerns and is hopeful there will be clarifying language or they come up with some rule to allow Councilman Penna to resume his position on Council with respect to land use issues. Chief Planner Harnish related: the project schedule has been accelerating; the applicant has an alterna- tive, the mitigation alternative, that is in the environ- mental review process; they started the EIR on 7/16/98 and the review period is up Friday; the Planning Commission public hearing is in September and the Council in October, that is if there are only the two comments we have today; there was testi- mony at the public hearing on a limited set of inter- ests which can be addressed in ten days to two weeks, but he anticipates more from the Sierra Club and Mountain Watch people and that will take four to five weeks; if that is quick, he expects the final EIR to be out in September, and he does not know how many hearings for it depends on the volume of material; he described the three residential neigh- borhoods - Woods, Commons and Point, one com- mercial area and in the midst is the archaeological site and the green area of the current project that will remain in open space and will affect the shell mound by covering it; he went through Phase III as proposed, as of January, and the alternative of the shell mound not having any development which would have the same amount of commercial devel- opment; he discussed the circulation, parking, ar- chaeology, biology and geology. Mr. Dennis Breen, President of Sunchase for the Terrabay Project, gave the Council elaborate maps and said they are working with staff to address things raised. He stated some of the mitigation may not be issues, but he will address as many as possi- ble. He related: 22 feet private street widths with 8' parking and no cars parked in the street; a city street that is non-major is 37' wide with 28' parking on each site; these streets are 22' and parking on one side that is 8'; in the Woods Project he thinks some of the parking and mitigation issues addressed in the EIR were based on a January plan; this is what it has been revised too, they have worked with the City Engineer and reached what we believe and sometimes the grade is steeper to bring down 8/11/98 Page 3 AGENDA ACTION TAKEN ..SunChase GA California - Terrabay - Continued. the retaining wall and minimize the grading and not go so far up the mountain; he is not sure that special event parking is required; the roadways are accessed from both sides of the street; he showed the com- mercial area that has been submitted to the city on the archaeological site, a mitigation that was CEQA and had it covered with parking. Mr. Walt Rector stated the plan is for a corporate headquarters for a specific user and it calls for park- ing on the right-of-way on the frontage road. Mr. Paul Danma, Architect, related: explained a little about the grade; the parking garage sits 27' about sea level, so the parking structure will not require cutting into the earth; the office building sits at approximately 70' above grade and the existing grade is approximately 70' and they kept the height down to minimize the impact on the land; it is a 10' office building at the upper level; it has 342,000 sq. ft.; landscaping will occur to help mitigate the im- pact to the garage. Mayor Mullin asked each of the speakers to limit themselves to a few minutes to allow time for Coun- cil discussion before the adjournment. Mr. Perry Matlock, 300 2nd #5, S.F., stated he is a volunteer in the Internal Indian Counsel that is an organization working in the United Nations and he is familiar with Indian issues. This is the homeland of the Ohlone Indians and they will always be here. He made reference to a 1916 report discussing the state of the shell mounds, which says there is not a single mound that is in pristine condition, but this mound is the one of a few that is in tact, it is coastal and on a shore line - which is phenomenal for most were crematorium burials. This is one of the few left in the Terrabay. It would be great if it is eliminated from the Project, because any con- struction will permanently destroy the mound which is one of the few left to preserve, for the tribe is indigenous to the bay area and its destruction would be a cultural genocide, which he does not believe should happen. He urged the Council not to allow Phase III to go forward, and the indians can appreci- ate their area which is one of a kind and is a cultural cemetery. Mr. Leland Behan, 186 Huntington Dr., D.C., stated he is a native American and the high schools 8/11/98 Page 4 AGENDA ACTION TAKEN '-~ ._S_unChase GA California - Terrabay - Continued. should be proud of native Americans, for they are unique. Mr. Will Two Bear Guillore, 140 Mateo Ave., D.C., stated, it looks like the City is doing a good job trying to save the shell mounds, which the prop- erty owner is also trying to do. He was talking to Mr. Michael Wilson who told him he would like to put it to a vote, about what they are going to do, put it to the people of S.S.F. He does not agree and believes the property should go to the County for the County park. He stated his other interest - if people go to see the shell mounds and the hotels are there, he does not believe that is right for the mounds should be preserved and the buildings should be off-site. Mr. Nick Ribtzoff, 1678 25th Ave., stated he came here to voice his no vote against Phase III. He believes any value cannot be equal to the intrinsic value of the shell mounds, and he hopes it can be added to the State park system for that is the hon- orable thing to do. Mr. Dan Shattuc, Sunnyvale, stated the notice says it is a study session to discuss SunChase GA Cali- fornia - Terrabay Phase II and III, which he did not come to talk about, but something that has an impact on the project. He related his concern on wetlands: there are considerable wetlands, and some are found and a lot were graded in the initial process because the County didn't know it was most significant to save wetlands; the previous Developer got a permit before and we called the Corps. of Engineers for a cease and desist order, and it was done, but it was done between July and August and the seasonal wetlands dry up; there are five gallons a minute flowing, and there was a little piece of ground that served cattle and there were wetlands and it is im- portant to save the wetlands; if you look at page ten - why we are trying to save the wetlands, this prop- erty emits millions of gallons of water and some is absorbed and it goes into the air or the sewage treatment plant. Mr. Douglas Butler, 133 Adrian Ave., stated he is a long time resident, and has a long time concern with the integrity of San Bruno Mountain, the Indian Counsel and the Mountain Watch for the whole valley should be preserved. He stated the Mountain Watch and Indian Counsel are non-profit organiza- 8/11/98 Page 5 AGENDA ACTION TAKEN SunChase GA California - Terrabay - Continued. tions with 350 people and this proposal will dese- crate the site and the shell mounds for this is critical endangered open space for residents and their educa- tion, so the preservation of the site is vital. It is the region's last such place and the old argument of Sunchase must be reexamined about the Ohlone mound, and it should be part of the County or State park. Ms. Jan Pont, 111 Belmont Ave., stated she too has concerns because she is a neighbor of this lovely project of Terrabay Woods, east and west is next door to her. She has concerns about the big EIR that will have to be done, for this is close to her home. She requested that a notice be placed in the paper when a public hearing and when work is going to be done for there is a considerable amount of dust and people have allergies. She believes there are way too many homes being developed, both single and detached. Some are 3, 4 and five bedrooms which is a lot of people and close togeth- er. She would like to see lower density and fewer homes to be built. There could be five teenagers in a house with a lot of cars. Her main concern is there won't be a wide enough area, so the easement should be a little wider for parking will be a big problem for the people. She hopes there will be greater input on Phase II and III, and she would like to have the shell mounds preserved, for how many hotels do we need - how many hotels do we really need. Her other concern is that too many people will be in her neighborhood and they don't need many more. She asked if the Developer would build a scale model to make it easier for the residents to see. Mr. David Schooley, P. O. Box AO, Brisbane, stated that his group has been working for 30 years to protect portions of San Bruno Mountain, we won some and lost others, but we are doing an intense effort for it is critical for the peninsula and the whole bay area. He stated it is not just the shell mounds, there are two large and a small one, and in between is the valley and we have things that should be said. There is no study to learn about the valley between the two shell mounds. Phase III, the shell mound, is here and the valley goes from here and has a shell mound on two areas that has been a living activity for five thousand years. There also is marked a shell mound that could be under Old Bayshore or 101, so it is not known and the pres- 8/11/98 Page 6 AGENDA ACTION TAKEN _ .SunChase GA California - Terrabay - Continued. ence of the rare and endangered species and it is the last place for a native activity with the birds and the wildlife is not known and should be preserved. So, our concern is the rare and endangered species, but there is material that has just come out on the Ohlone Indians. Discussion followed: is this the best we have iden- tiffed on the Ohlone Indians; to the best of staff's knowledge this is the extent of the shell mound area; is this the first anyone has heard about a corporate headquarters; yes; will construction around the preserved area destroy the shell mound; it is an issue raised and the Developer feels that pulling development back is more than adequate; the devel- oper is working with a designer to make it more public space and more enhancement for visitors; are the streets private or public streets; private streets; the plans continue to evolve for the problems of the geologic impacts and staff is treating them as mitigations and are working on configuring that; staff saw the elevations for the first time and that is why they say they have not reviewed the whole project; Vice Mayor Datzman feels the problem of rock slides is important to look at; staff is going through those in detail and has two or three people to help them formulate the plan. Mr. Del Schenharl, 321 Alta Mesa, stated he had lived in S.S.F. for over a decade and before that in Daly City. He supports the open space alternative to protect the whole shell mounds. Discussion followed: what happens with the project that does identify a large block of land around the mounds to satisfy the concerns; what happens to the project, does it fall apart if the Council doesn't meet the time frame; Council has the authority to approve a proposal and if it chooses, it can modify it; look at the alternative, even if the applicant decides it is not a project he wants to have; several things had to happen for this to be approved by next month, the first is to prepare a final EIR in 16 days, and the second requirement is that staff gets limited com- ments; there have been several comments tonight and there are more coming from the Sierra Club, so the Chief Planner's position is that it is virtually impossible to get an EIR out by the end of this month; Mr. Rector is aware that is impossible, and is used to working with concerned groups to try to resolve their issues; Mayor Mullin expressed his 8/11/98 Page 7 AGENDA ACTION TAKEN S._._unChase GA California - Terrabay - Continued. ADJOURNMENT: appreciation for the input given and for staff's ef- forts to get this far. M/S Fernekes/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 6:50 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cle~/ City of South San Francisco APPROVED. E~Mayo~ City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 8/11/98 Page 8 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes Karyl Matsumoto Iohn R. Penna MINUTES City Council Municipal Services Building Community Room August 11, 1998 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 11, 1998 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 Tuesday, the 1 lth day of August, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session, pursuant to GC 54956.9, for a conference with legal counsel on existing litigation - Molieri vs. City of South San Francisco Dated: August 10, 1998 City Clerk City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session, pursuant to GC 54956.9, for a conference with legal counsel on existing litigation - Molieri vs. City of South San Francisco RECALL TO ORDER: ACTION TAKEN 11:19 p.m. Mayor Mullin presiding. Council Present: Datzman, Fernekes, Matsumoto, Penna and Mullin. Council Absent: None. Council entered a Closed Session at 11:20 p.m. to discuss the item noticed. Mayor Mullin recalled the meeting to order at 11:40 p.m., all Council was present, no action was taken and direction was given. M/S Fernekes/Datzman - To adjourn the meeting. Carried by unanimous voice vote. 8/11/98 Page 1 AGENDA ACTION TAKEN ADJOURNMENT: Time of adjournment was 11:41 p.m. I~ESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City City of South San Francisco City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 8/11/98 Page 2 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes Karyl Matsumoto John R. Penna MINUTES City Council Municipal Services Building Community Room August 11, 1998 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 11, 1998 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 Tuesday, the 1 lth day of August 1998, at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS - Acknowledgement of Badminton Program Participants - CAFR Award - Assistant Finance Director Freeman AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM/COUNCIL SUBCOMMITTEE REPORTS CONSENT CALENDAR 1. Motion to approve Minutes of the Special Meeting of 7/21/98, and Special Meeting of 7/28/98. 2. Motion to confirm expense claims of 8/12/98. 3. Resolution authorizing agreements with Multi-City TSM Agency (MTSMA) and Rail Shuttle Bus Service. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO IMPLEMENT RAIL - SHUTTLE SERVICE PROGRAMS FOR EAST OF 101 AREA 4. Resolution approving MOU with the International Association of Firefighters, Local 1507. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRAN- CISCO AND THE SOUTH SAN FRANCISCO CHAPTER OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1507 FOR THE PERIOD OF JULY 1, 1998 THROUGH JUNE 30, 2001 8/11/98 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR o Motion to accept the ADA Play Area renovations as complete in accordance with the plans and specifica- tions. 6. Resolution authorizing the second amendment to the BBN Technologies Agreement. A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH BBN TECHNOL- OGIES TO INCREASE THE CONTRACT AMOUNT BY $10,000 AND AMENDING THE 1998-99 OPERATING BUDGET (NO. 99-2) 7. Motion to accept as complete the ANIP Phase XV in accordance with the plans and specifications. o Resolution approving Amendment No. 3 to the Aircraft Noise Insulation Program master contractual service agreement with Corlett Skaer & Devoto Architects. A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE MASTER CON- TRACTUAL SERVICES AGREEMENT WITH CORLETr, SKAER & DeVOTO WITH REGARD TO THE AIRCRAFT NOISE INSULATION PROGRAM Motion to approve plans and specifications and authorize staff to advertise bids for the construction of Parking Lot No. 14 at 432 Baden Avenue. PUBLIC HEARINGS 10. Public Hearing - Consideration of changes to the Master Fee schedule for charges for various departments in the City; Public Hearing opened on 6/24/98 and continued to 8/11/98; hear testimony and adopt resolution. A RESOLUTION AMENDING THE MASTER FEE SCHEDULE 11. Public Hearing - to consider ND 98-004, GP 98-004, RZ 98-004, SA-98-004 and Subdivision Agreement, Southpark/Kaiser Foundation, Summerhill Homes, to adopt the Mitigated Negative Declaration to amend the General Plan Land Use designation of the site from Planned Industrial to Medium Density Residential, to reclassify the site from Planned Industrial (P-I) Zoning District to Medium Density Residential (R-2-H) Zoning District, to adopt a Planned Unit Development allowing exceptions from City development standards including reduced lot size and setbacks, and adopting a Vesting Tentative Subdivision Map, and Development Agreement with provisions regarding senior housing, Colma Creek linear park, and payment of in-lieu fees allowing the development of 153 dwellings and common area, situated at a site bounded by West Orange Avenue, Railroad Avenue, and the future North Canal Street extension in accordance with the S.S.F. Municipal Code Titles 19 and 20; Public Hearing opened on 7/21/98 and continued; hear testimony, adopt resolution approving Mitigated Negative Declaration No. 98-004 and GPA 98-004 and SA 98-004, motion to waive reading and introduce an ordinance amending the zoning ordinance; motion to waive reading and introduce an ordinance approving the development agreement. A RESOLUTION APPROVING MITIGATED NEGATIVE DECLARATION NO. 98-004, GPA 98-004 AMENDING THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL 8/11/98 Page 2 AfiENDA ACTION TAKEN PUBLIC HEARINGS 11. Public Hearing - Continued. TO MEDIUM DENSITY RESIDENTIAL, PUD 98-004 AND SA 98-004 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT VACANT 18.9 ACRE SITE BOUNDED BY WEST ORANGE AVENUE, RAILROAD AVENUE AND THE FUTURE EXTENSION OF NORTH CANAL STREET, AND THE CITY CORPORATION YARD FROM PLANNED INDUSTRIAL (P-I) TO MEDIUM DENSITY RESIDENTIAL (R-2-H) AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO APPROVING THE DEVELOPMENT AGREEMENT FOR SOUTH PARK 12. Public Hearing - Consideration of ZA-98-047 and ND-98-047 establishing regulations for cremation facilities; Conduct Public Hearing, Motion to approve Negative Declaration 98-047, Motion to waive reading and introduce an ordinance. AN ORDINANCE ADDING SECTION 20.06.007(q) TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROHIBIT CREMATORIUMS ADMINISTRATIVE BUSINESS 13. Resolution amending the City Clerk's compensation package. A RESOLUTION AMENDING COMPENSATION PACKAGE FOR THE CITY CLERK 14. Resolution authorizing execution of agreements between the City of S.S.F. and the S.S.F.U.S.D. for the expansion of West Orange Avenue parking lot onto the Adult Education Campus, construction of improvements to the rear portion of the Spruce Elementary School Gymnasium and Alta Loma Middle School ballfields. A RESOLUTION APPROVING CONSTRUCTION, RENOVATION AND MAINTENANCE AGREE- MENTS BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT 15. Resolution approving agreement with the Chamber of Commerce for the production of promotional videos. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRAN- CISCO AND THE SOUTH SAN FRANCISCO CHAMBER OF COMMERCE RELATED TO PRODUC- TION OF PROMOTIONAL VIDEOS LEGISLATIVE BUSINESS 16. Motion to waive reading and introduce an ordinance amending Municipal Code 4.04 on purchasing. 8/11/98 Page 3 LEOISLATIVE BUSINESS ACTION TAKEN 16. Motion - Continued. 17. AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 4.04.070 REGARDING THE USE OF BIDDING PROCEDURES FOR PURCHASES OF SUPPLIES, SERVICES, EQUIPMENT AND THE SALE OF PERSONAL PROPERTY Motion to waive reading and introduce an ordinance establishing a procedure for filing individual claims for refunds of possible overpaid taxes and fees. AN ORDINANCE ADDING CHAPTER 4.32 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY, DAMAGES, AND REFUNDS ITEMS FROM COUNCIL 18. Appointments to the Conference Center Authority. GOOD AND WELFARE ADJOURNMENT Dated: July 22, 1998 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Acknowledgement of Badminton Program Participants 8/11/98 Page 4 ACTION TAKEN 7:36 p.m. Mayor Mullin presiding. Council Present: Datzman, Fernekes, Matsumoto, Penna and Mullin. Council Absent: None. The Pledge was recited. Rev. Kendall Jones, Good News Chapel, gave the invocation. PRESENTATIONS Mayor Mullin presented Mr. Richard Ng with a Certification of Appreciation for the participants. Mr. Ng stated he had a dream twenty two years ago AGENDA ACTION TAKEN . RESENTATIONS CAFR Award - Assistant Finance Director Freeman AGENDA REVIEW Assistant City Manager Moss Requested: - Remove Item 9 and discuss it under Administrative Business. i'"'~L COMMUNICATIONS 8/11/98 Page 5 PRESENTATIONS for this badminton program, and today the team is rated number one. He proceeded to introduce the team: Jonathan Plun, Arnold Setiadi, Cameron Ng, Tom Bischof, Daphne Ng, Samantha Jinadasa, Clarice Thenard, Eva Lee, Eric Go, Raymond Wong, Raju Raj, Bonnie Wong, Casey Peters, and Steven Cahyadi. He stated there will be an exhibition on 8~22/98 at the High School from 1:00 p.m. to 4:00 p.m. This item will be rescheduled. AGENDA ~REVIEW So ordered. ORAL COMMUNICATIONS Mr. Dan Shattuc stated, at his last appearance he suggested that the City increase the disabled parking stalls from one to two - that has been done. He stated the second could have economic ramifications and could benefit the City, for as he mentioned in his comment about the rain fall and run-off last year, as El Nino was significant and Nino gave us 40 to 50 inches of rain. If you get twelve inches of rain on one acre, that is one foot and that is 375 gallons of water, and it is his opinion that the City has a resource to utilize as an economic resource. He stated water is an important resource and the City has arterial wells that are cropping up. This water is coming from the San Bruno Mountain, the City has a pumping station, and you need a couple of more tanks and you can get some revenue off of it. He stated, of course, that keys into Terrabay which is a resource for butterflies and water can be used for additional park ramifications. He stated, in Crown Valley they did a ditch around the catch of the mountain, made a park and the water flows out, and you can have fishing, use it as an irrigation source and if you tap down you will have fresh water. AGENDA ACTION TAKEN .~RAL COMMUNICATIONS COMMUNITY FORUM/COUNCIL SUBCOMMITTEE REPORTS 8/11/98 Page 6 ORAL COMMUNICATIONS Ms. Esther M. Chacon, No. Peninsula Neighbor- hood Services Center, announced a fund raiser on 8/26/98, from 5:00 - 7:00 p.m., at the MSB to cele- brate their 25th anniversary. Ms. Jan Pont stated the Terrabay map says James Lick Freeway is next door to Terrabay, yet the telephone book says it is in San Francisco near 3ComPark. Mayor Mullin stated that is an error. COMMUNITY FORUM/COUNCIL SUBCOM- MITTEE REPORTS Councilman Penna asked the Council to ask the State to support the bay trail because it affects four cities and a 400 mile trail. Vice Mayor Datzman stated they had the second meeting of the Oyster Point Task Force where the Commodore Dining Cruises was announced to begin serving breakfast, lunch, dinner and celebrations and will bring a lot of credibility to the task of ferry service at Oyster Point. He stated it is his under- standing that the County is very enthusiastic and it was endorsed. He stated he and Councilman Fernekes sit on a Subcommittee for a museum and discussed whether or not such an idea was viable and where it should be. There was discussion of pointing towards the central fire house becoming available, so a letter was drafted to Council with the suggestion that the bank building at the corner of Linden and Baden also be looked at with the related costs being identi- fied for the Council by staff. Councilman Fernekes stated he and the Vice Mayor sit on a Subcommittee for S.S.F. Day In the Park: the date is 9/19/98 for a full day affair in Orange Park; a breakfast sponsored by the police and fire and the meal will be totally cooked and served by them without any cost from 8:00 a.m. to 10:00 a.m. at the New Corporation Yard right across the street AfiENDA ACTION TAKEN ~OMMUNITY FORUM/COUNCIL SUBCOMMITTEE REPORTS 8/11/98 Page 7 COMMUNITY FORUM/COUNCIL SUBCOMMIT- TEE REPORTS from the Orange Park; there will be a full day of activities in the Park with a 90th day birthday which the City will celebrate; there will be wine glasses and beer mugs with the City seal and a new logo; Park & Recreation can be reached for pur- chase of glasses; he would like the item agendized for a presentation at the next meeting which will be the last meeting before the event; they have sur- passed the number of booths used last year; there will be area representatives from the Assembly, State Senate, Board of Supervisors, regional agen- cies, SFIA, BART, ANIP, Water Districts, Utilities, PG&E and FirstPoint Utility. Councilwoman Matsumoto related: she attended the Bay Area Council dinner and 600 people were there and our Council supported public/private partner- ships; S.S.F. was one of the 13 cities present with corporate people there also. Vice Mayor Datzman encouraged people to check out the web site for S.S.F. Mayor Muilin stated it went on site yesterday, and in comparison to other cities it is very nice. He related: he attends the Airport Roundtable and they are going to do a study of Runway 28 over the City; they originally decided they were not going to have the study; because Municipal Courts have become Superior Courts they are looking for com- ments on how they can better serve their constituen- cy; most people in the City received a letter from the S.S.F. Energy Service with an offer for you to participate in the energy deregulation and he en- couraged people to consider taking part; PG&E will still be providing the service but you will be able to take off 5 % through the year 2000, if you chose one of the plans; of the 472 cities in California that have this option, S.S.F. and Palm Springs are the only ones that did this; fill out your form for it is an energy savings and no fees accrue to the City, but it is a service to the City; he took his down, put it in the mailbox and was probably the first one to do AfiENDA ..OMMUNITY FORUM/COUNCIL SUBCOMMITTEE REPORTS CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 7/21/98, and Special Meeting of 7/28/98. 2. Motion to confirm expense claims of 8/12/98. Resolution authorizing agreements with Multi-City TSM Agency (MTSMA) and Rail Shuttle Bus Ser- vice. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO IMPLEMENT RAIL - SHUTTLE SERVICE PRO- GRAMS FOR EAST OF 101 AREA Resolution approving MOU with the International Association of Firefighters, Local 1507. /0 _ oo O A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRAN- CISCO AND THE SOUTH SAN FRANCISCO CHAPTER OF THE INTERNATIONAL ASSOCIA- TION OF FIREFIGHTERS, LOCAL 1507 FOR THE PERIOD OF JULY 1, 1998 THROUGH JUNE 30, 2001 5. Motion to accept the ADA Play Area renovations as complete in accordance with the plans and specifica- ~ tions. AC_T!QN TAKEN COMMUNITY FORUM/COUNCIL SUBCOMMIT- TEE REPORTS that. Councilman Fernekes related: he received phone calls about enhancing the park in the playground area of Sunshine Gardens; a letter was sent anonymously, and due to the many phone calls assurance was given to the callers, for this is only a conceptual plan with preliminary stages that will have many public hearings before any action is taken; it is unfortunate that the letter to the residents was not signed, so we could talk to that individual. CONSENT CALENDAR Approved. Approved in the amount of $2,103,693.68. RESOLUTION NO. 102-98 RESOLUTION NO. 103-98 Approved. 8/11/98 Page 8 '1 A~ENDA ACTION TAKEN ..ONSENT CALENDAR o Resolution authorizing the second amendment to the BBN Technologies Agreement. ' .ffZ~ q A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONTRACT WITH BBN TECH- NOLOGIES TO INCREASE THE CONTRACT AMOUNT BY $10,000 AND AMENDING THE 1998-99 OPERATING BUDGET (NO. 99-2) Motion to accept as complete the ANIP Phase XV in accordance with the plans and specifications..~ZM ~ Resolution approving Amendment No. 3 to the Air- craft Noise Insulation Program master contractual service agreement with Corlett Skaer & Devoto Ar- chitects. ~2-~ A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE MASTER CONTRAC- TUAL SERVICES AGREEMENT WITH CORLETT, SKAER & DeVOTO WITH REGARD TO THE AIRCRAFT NOISE INSULATION PRO- GRAM Motion to approve plans and specifications and au- thorize staff to advertise bids for the construction of Parking Lot No. 14 at 432 Baden Avenue. ~A"~ O 7. Motion to accept as complete the ANIP Phase XV in accordance with the plans and specifications..~q.~, q Motion to approve plans and specifications and au- thorize staff to advertise bids for the construction of Parking Lot No. 14 at 432 Baden Avenue. ~t9 go 8/11/98 Page 9 CONSENT CALENDAR RESOLUTION NO. 104-98 Removed from the Consent Calendar for discussion by Councilmember Matsumoto. RESOLUTION NO. 105-98 Removed from the Consent Calendar by the Assis- tant City Manager. M/S Datzman/Fernekes - To approve the Consent Calendar with the exception of Items No. 7 and 9. Carried by unanimous voice vote. Councilmember Matsumoto stated she had asked for the final and proposed costs for each of these items. Director of Public Works Gibbs stated he thought it was $10,000 per home, but he was not sure. Mayor Mullin continued the item to the next meet- ing. Councilman Penna stated due to a conflict of interest he would abstain on the vote. AfiENDA ACTI~ TAKEN ). Motion - Continued. PUBLIC HEARINGS 10. Public Hearing - Consideration of changes to the Master Fee schedule for charges for various depart- ments in the City; Public Hearing opened on 6/24/98 and continued to 8/11/98; hear testimony and adopt resolution. A RESOLUTION AMENDING THE MASTER FEE SCHEDULE Resolution authorizing agreements with Multi-City TSM Agency (MTSMA) and Rail Shuttle Bus Ser- vice. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO IMPLEMENT RAIL - SHUTTLE SERVICE PRO- GRAMS FOR EAST OF 101 AREA 8/11/98 Page 10 MIS Fernekes/Datzman - To approve plans and specifications and authorize staff to advertise bids for the construction of Parking Lot No. 14 at 432 Baden Avenue. Carried by majority voice vote, Councilman Penna abstained on the item. PUBLIC HEARINGS Discussion followed on the brief staff report: were the fee changes submitted to the Commissions to be reviewed; yes. Mayor Mullin closed the Public Hearing. Further discussion followed: Mayor Mullin hates to see the one cent meter rate go; he questioned why the rates for non-residents are lower than the resident fees; Recreation Superintendent Ranals stated the rational was to bring the fees to an even dollar, and since some classes are 8 weeks, it is being put on an hourly basis; why were some classes deleted; they were replaced with something similar. M/S Matsumoto/Penna - To adopt the Resolution. RESOLUTION NO. 106-98 Carried by unanimous voice vote. Mayor Mullin stated he had a speaker's card that had been overlooked for the Consent Calendar and invited Ms. Pont to speak. Ms. Jan Pont asked if staff had talked to Samtrans to get buses to the train station. Mayor Mullin stated they are linking BART to East of 101 for the employees, Samtrans was looking at relocation of routes and is in the process of ana- lyzing their service. The City has received a grant for an engineering study of the relocation of the train station to allow easier access for Samtrans to get to the train station. Ms. Pont stated she wanted to know of any meetings ACT!Q_N T A K_E_N Resolution - Continued. PUBLIC HEARINGS 11. Public Hearing - to consider ND 98-004, GP 98-004, RZ 98-004, SA-98-004 and Subdivision Agreement, Southpark/Kaiser Foundation, Summerhill Homes, to adopt the Mitigated Negative Declaration to amend the General Plan Land Use designation of the site from Planned Industrial to Medium Density Residen- tial, to reclassify the site from Planned Industrial (Pq) Zoning District to Medium Density Residential (R-2- H) Zoning District, to adopt a Planned Unit Devel- opment allowing exceptions from City development standards including reduced lot size and setbacks, and adopting a Vesting Tentative Subdivision Map, and Development Agreement with provisions regarding senior housing, Colma Creek linear park, and pay- ment of inqieu fees allowing the development of 153 dwellings and common area, situated at a site bound- ed by West Orange Avenue, Railroad Avenue, and ~ the future North Canal Street extension in accordance with the S.S.F. Municipal Code Titles 19 and 20; Public Hearing opened on 7/21/98 and continued; hear testimony, adopt resolution approving Mitigated Negative Declaration No. 98-004 and GPA 98-004 and SA 98-004, motion to waive reading and intro- duce an ordinance amending the zoning ordinance; motion to waive reading and introduce an ordinance approving the development agreement. .~g~ ~ A RESOLUTION APPROVING MITIGATED NEG- ATIVE DECLARATION NO. 98-004, GPA 98-004 AMENDING THE GENERAL PLAN LAND USE DESIGNATION FROM PLANNED INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL, PUD 98 -004 AND SA 98-004 AN ORDINANCE AMENDING THE ZONING DIS- TRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT VACANT 18.9 ACRE SITE BOUNDED BY WEST ORANGE AVENUE, RAILROAD AVENUE AND THE FU- TURE EXTENSION OF NORTH CANAL STREET, AND THE CITY CORPORATION YARD FROM PLANNED INDUSTRIAL (P-I) TO 8/11/98 Page 11 on this subject. PUBLIC HEARINGS City Clerk Battaya read the titles of both ordinances in their entirety. Councilman Penna stated he is a realtor, serves as an elected Councilman, which is part-time, and re- ceived an unfavorable letter from the FPPC stating he could not participate on any land use issues and will abstain on Items 11 and 12. He proceeded to leave the podium at 8:30 p.m. City Attorney Mattas related: recently the FPPC issued a letter to a member of another community that spoke to land issues and advised they may have a conflict of interest and should abstain on land use issues; having received that advice, Councilman Penna, in consultation with his office, will abstain until there is further information; it is unlikely that the legislature will further clarify this issue because it takes a 2/3 vote from the House Senate; there is another opportunity for clarification, and that is the FPPC itself, for they are in the process of changing their regulations and it is possible through that pro- cess to establish a better understanding; it is con- ceivable that it could apply to escrow and title com- panies that are involved in land use; the FPPC is starting that process and the Association of Realtors will offer input on the regulations; the process is anticipated to take six to nine months; etc. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Mullin asked if a letter could be written, because this is daunting on land use issues where we will be one hand short, so if the Attorney can draft a letter to the FPPC. City Attorney Mattas stated his Office is fortunate to have on its firm a former FPPC Attorney, etc. Chief Planner Harnish related: the South Park Project is on the old Kaiser site, was Guy Atkinson, across the street from Orange Park and north by ACT!~M !AKEN , UBLIC HEARINGS 11. Public Hearing - Continued MEDIUM DENSITY RESIDENTIAL (R-2-H) AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO APPROVING THE DEVELOPMENT AGREEMENT FOR SOUTH PARK (Cassette No. 2) 8/11/98 Page 12 PUBLIC HEARINGS Railroad and 'the Corporation Yard; it went through environmental review and a mitigated negative dec- laration; there is a general plan amendment making a change from Planned Industrial to Median Resi- dential; a zone change to planned unit develop- ment, which relates to allowances and some other minor changes; etc. Ms. Rosa Alanso, 660 Railroad Ave., related: she is from Spain; there is going to be a lot of traffic with so many houses; traffic on Railroad Ave., where right now it is difficult to get out of the house; and she thinks there is going to be a lot of crime. Mr. Dave Egan, Summerhill Homes, stated his firm is the applicant, and proceeded to summarize the Project: this is the former Guy F. Atkinson prop- erty; Kaiser bought the site, demolished the building and had the intent to put a medical office there, they altered the plans and put the property up for sale; Kaiser asked advice on things important to the Council such as housing and senior housing; Kaiser prepared a request for proposals to a variety of developers, his firm won the competition and put forth the project before Council; they initially con- tatted staff for the RFP and subsequently got the award, then worked with staff to identify issues and to find resolutions to the issues; their original plan was 158 lots and they negotiated on the senior hous- ing, and a fund was set up for senior housing pro- jeers; the City would be in full control of the funds and will make sure they get the senior hous- ing; the site plan is the fourth or fifth from the original with traffic on Orange being a concern and they reconfigured the site so the traffic would flow to North Canal, for the City built the Corporation Yard and his firm created a further setback where their homes are 100 feet off Orange creating a land- scaping buffer between the Park and the new homes; he thinks staff is in concurrence on that and their at- tempts to reduce the circulation issue, which is the reason for the one intersection with twenty homes on that street; there are three architectural plans and avoided the two story, three car garage type houses; . [JBLIC HEARINGS 11. Public Hearing - Continued. 8/11/98 Page 13 AC!!ON TAKEN PUBLIC HEARINGS they want the development kept at 53 units, for anything other than that would make you have to arrive at a more equitable senior housing fund; he asked Council to delete Planning Commission rec- ommendation on that and delete the pedestrian bridge on No. Canal in lieu of that, if the Council sees fit, to have it installed as part of the linear park and credit it against the in-lieu fees, but his first request is to have the bridge deleted; they looked at the concerns on the bridge, the ADA requirements and the visual impacts which will be higher than the street and the security issues; so he requested the Council approve the project as origi- nally recommended with the 53 lots. Mr. Jeffery Sterman, Public Affairs for Kaiser Hospital, stated this is one of two projects that his Department has worked on for a community partner- ship. There was to be a funding and staffing of a community clinic and a senior housing component, and a lot of that funding will come from Kaiser with the total amount of funds negotiated with the City and the Developer. Kaiser feels very strongly, given it was negotiated and now it is down to 153 units for the Developer not to have to go to 151, for some of the senior housing,will be taken away; and the other is that the bridge concept is not taken out of the community funds. Those are his main issues, that the current $500,000 stays there without any more take-aways. Ms. Marcy Schult, Building Trades Council, stated she represents 20,000 construction workers and was here to speak on behalf of the project tonight. She feels this will be a highly qualified project, and has spoken with the developer on many occasions. Mr. Egan is a credible man and when he gives you his word that is good. She found him to give his word to her, he followed through, and this is a 100% union job with many residents working on it. The density of the project - there were conversations and negotiations with staff where they were comfortable with the 153 units and she would like to see it come back to that number. She stated two houses may not seem a lot, but for people moving to this area and . LIBLIC HEARINGS 11. Public Hoaring - Continued. 8/11/98 Page 14 ACT!QN TAKEN PUBLIC HEARINGS in what is happening to the economics in doing away with two units, for there are 90,000 people coming into the County and approximately 4,000 units will be built. Mr. Gary Saunders, Plumbers Union No. 467 Business Manager, spoke in favor of the develop- ment and has a 100% agreement with the Develop- er. People from his union and craftsmen look forward to building quality homes and urged the Council to support the Project at 153 units. Mr. Rigo Laguardia, Carpenters Union, stated he represents over 2,000 people who live or reside in and around San Mateo County, and urged the Coun- cil to endorse this Project at 153 units. Mr. Larry Hamilton, 153 April Ave., stated he is a resident of S.S.F., was speaking for the Project and feels more housing is needed. He is a roofer and his union members have to live elsewhere, and he appreciates the Council giving the union members quality homes to work on. Mr. Patrick Barrett, OPCMIA, stated he is the business agent for the cement and masonry workers, spoke in favor of the Project and said it is a very nice Project. He stated members living in S.S.F. are excited about the Project for they have been through some lean years. Mr. Ken Sinclair, 22 Senora Ave., stated he is a craft member that will benefit from the develop- ment, for it will benefit the community aesthetically and economically and urged the Council to adopt the resolution. Mr. Keven Chose, 1901 Donner Ave., stated he is the labor representative for painters and carpet layers, many of whom cannot live here because of the housing crunch. He would like to see the devel- opment at 153 units and hoped the Council will pass it. Ms. Helen Franco, 732 Railroad Ave., stated she · AfiENDA _ LIBLIC HEARINGS 11. Public Hearing - Continued. 8/11/98 Page 15 ACTION TAKEN PUBLIC HEARINGS will be living across from the development and her main concern is the traffic. She would like to see a stop sign at Railroad and Magnolia bez:ause of the heavy traffic. She is concerned about the additional ears in the area due to the new housing, and she thinks the traffic needs to be looked at on Orange and North Canal for a lot of people walk over to Orange Park. She asked, when do they bring up the sidewalk on Railroad, will there be parking, will people be notified because they are going to tear up the sidewalk. As far as the street cleaning, we have to move our cars on Monday and Tuesday - then what happens. She asked about the hours of operation for construction - when do they start, and she questioned if a traffic study has been done. She asked if there will be any bus stops. She stated the houses on Railroad are old and felt the impacts when their houses shook. They had a noise person come out and take pictures during construction, and ques- tioned if their houses would shake a lot during this construction, for the ground there is loose and when the trucks go over the road we feel it. She was glad they were going to use all union, but at the same time you are building in a neighborhood that is heavily populated now. She stated the traffic and stop signs have to be looked at because there are a lot of young children. Discussion followed: Mayor Muilin stated those issues were in the EIR; the City does not control where Samtrans puts their routes, but that could be put in the recommendation; he questioned if a signal was going on; no, just an arterial. Mr. Boris Slater asked how much these houses were going to cost and commented, if they don't build a bridge then it is inaccessible to the people. Mr. Ted Shywall 627 1st Lane, stated his property extends to Railroad Ave., which he purchased 18 years ago, and looked forward for something, to be built here. He went to all of the meetings and it seemed the main concern was the traffic and that is the same with this proposal. He asked questions in the past with Guy F. Atkinson, where Magnolia runs . UBLIC HEARINGS 11. Public Hearing - Continued. 8/11/98 Page 16 TAKEN PUBLIC HEARINGS into that property, and does not understand why that was lost to the Basque Center and holds 33 cars in the parking lot, because you are not proposing any exit on Orange and then to sell off 33% of this 19 acre parcel and give it up to a restaurant for park- ing. His concern now is on Railroad, we are putting in this exit and entrance and now you are having people coming down Railroad and they are making a right or left to the property. Are there going to be stop signs or does everybody stop in front of his property. His concern is the traffic flow around this piece of property. Mayor Mullin stated the City had an easement in the back of the property. Mr. Shywall stated that is the whole thing, to con- tinue Magnolia to No. Canal and using that as the exit, but that was just recently lost. Assistant City Manager Moss stated staff can go back, but there is an additional piece from the railroad and he does not know if the easement was part of that. Vice Mayor Datzman stated he also has a vague recollection, at one time Magnolia was to connect to So. Magnolia at one point of time, and in view of the time, it was a decision that it was excess proper- ty. He stated that was before we had anything definitive. Discussion followed: Mr. Shywall asked, how could that be, this is the center of the City; when Kaiser bought it, that would impact it greater, they were going to do something to mitigate; as recent as that Kaiser was going to use Magnolia, so it was only three years ago that we lost the access; Mr. Shywall is concerned about school busing, is there going to be school busing; this School District does not have busing. Mayor Mullin closed the Public Hearing. Discussion followed: the $900,000 was based on AGENDA ~ UBLIC HEARINGS 11. Public Hearing - Continued. 8/11/98 Page 17 ACTI~ X,AKEN PUBLIC HEARINGS the fact we would accept the smaller lot size; Chief Planner Harnish stated, the $900,000 is part of the quid pro quo; in exchange for a better or unique project with some special public amenities and gene- sis was related to where you have wetlands and steep slopes so you allow a portion of the site to another and you have a PUD to allow clustering; staff has been experiencing, that projects come in and the smaller the lots, the smaller housing because part of the cost is the land value, so staff has ended up trying to identify the amenities we may not have with the increased density; the payment in lieu of the senior housing has been considered one of those amenities; price range is thought to be mid $300,000 and low $400,000; Sgt. Massoni feels there are security issues in using the bridge; there is no sidewalk on that side of the bridge; do the police think the development will bring more crime; the police do not foresee a crime impact; Councilman Fernekes commented on the $900,000 for senior in- lieu fees, the parking and fees and linear park that the Developer will pay for; Chief Planner Hamish stated the in-lieu fees will pay for the linear park; Councilwoman Matsumoto stated her concern is safety for they can hop over the bridge; we have both a sound wall in planning and a chain link fence - why; the masonry runs along the bank, you have the wall and the Chief Planner does not believe there is a chain link fence and a stucco finish was ex- plained as a substitute for the lath and plaster; con- cern over the parking; where goes the traffic when it leaves the neighborhood; the staff and the traffic consultant spent some amount of time and this hap- pens with all the studies, we sit down and say where is the traffic going and you assign numbers for the negative declaration, so it was a judgment call with significant adjustment; City Attorney Mattas stated the cost for the linear park - if the Applicant can build it cheaper, then they get a credit to in-lieu fees; Councilman Fernekes cannot see how the bridge fits into the project; the Commission added it to facilitate residents to not have to go over Orange Ave. and is only related to the project; he asked what was gained by the reduction of the two lots; Chief Planner Harnish stated it was to make it less A~NDA _ UBLIC HEARINGS 11. Public Hearing - Continued. 8/11/98 Page 18 /It ACTION TAKEN PUBLIC HEARINGS dense and open it up to parking; the project was designed at 153 and Councilman Fernekes does not see a gain in a reduction; continuation of Canal to Spruce is a great benefit and alleviates traffic in Mayfair Village; Councilman Fernekes is pleased with the variety of housing; Vice Mayor Datzman stated there is no arterial sign going to the north end of the project; is pleased with the project and he sat with Mr. Egan over many negotiations and Council- man Fernekes should be thanked for his bull dog- ging and sticking to the senior housing, so as a result of this there is less density; is the neighbor- hood responsible for maintaining the grassy mounds and trees; yes; there are lots of paper and such after a weekend which will require maintenance; home- owner groups usually get a landscaping company for litter removal; the Chief Planner is not supportive of a bridge due to the technical aspects of making a bridge; the Vice Mayor does not understand adding a bridge at the eleventh hour; the 8' wall on the back side is for increased noise attenuation; he is also concerned with the activities at the Basque and at the Corporation Yard in cars backing out; should do a study on noise and raising the wall further for the neighbors; the wall height is based on the acoustical study, but staff could go back and do a noise study; don't go higher unless the vehicles are diesel; the Chief Planner can add a condition where staff is to work with the Developer on a study for a higher wall; the Vice Mayor is comfortable with 153 units; Mayor Muilin complemented staff on the quick turn around and minutes from the Planning Commission; Mrs. Franco's letter of 6/12/98, which she reiterated tonight, on her house shaking during construction; Mr. Egan stated there will be no trucking on Railroad Ave., so there should not be a lot of vibration; Mayor Mullin is not sure the traffic concerns have been addressed, and asked if staff is going to monitor traffic and do traffic counts; some signalization will be needed on No. Canal and Spruce; we have the best homes to jobs than any- where and this City is more than pulling its share, and he is not convinced that reducing the units by two will do anything;; there will be some loss of parking and there are substantial drawbacks in a . UBLIC HEARINGS 11. Public Hearing - Continued. 8/11/98 Page 19 AI~TION TAKEN PUBLIC HEARINGS bridge and taking away funds from a linear park; Mayor Mullin is concerned with pricing, for he wants more housing for young families and seniors, but it is cheaper than other developments; he thinks it will be an asset to the community; he does not like the project name or the street name; he loathes voting in opposition to the Planning Commission, but they viewed this as positive; Councilmember Matsumoto wants a proviso put in that homeowners are responsible for the maintenance; City Attorney stated the DCC&Rs will come back to his Office and Planning and the DCC&Rs state they will main- tain the common area, and the City is a third party; she wants staff to do a six month study on traffic; the City Engineer can monitor the traffic on Orange, Spruce and No. Canal; City Attorney will modify the document on page 51, section 12a, a minimum 6' solid noise barrier constructed on the east side and a 6' along portions of the north and south and west property lines and the final decision will be made by the acoustical engineer; that could be in- creased based on the acoustical engineer which gives the consultant the latitude. M/S Fernekes/Matsumoto - To adopt the Resolution. RESOLUTION NO. 107-98 Carried by majority voice vote, Councilman Penna did not take part in the discussion or vote on this item. M/S Datzman/Fernekes - To waive reading and introduce the ordinance for 153 units and no pedes~ trian bridge. Carried by majority voice vote, Councilman Penna did not take part in the discussion or vote on this item. M/S Matsumoto/Datzman - To waive reading and introduce the ordinance on the development agree- ment. Carried by majority voice vote, Councilman Penna ACTION TAKEN UBLIC HEARINGS 11. Public Hearing - Continued. RECESS: RECALL TO ORDER: 12. Public Hearing - Consideration of ZA-98-047 and ND-98-047 establishing regulations for cremation facilities; Conduct Public Hearing, Motion to approve Negative Declaration 98-047, Motion to Waive read- ing and introduce an ordinance. ..,~"tg~g ~ AN ORDINANCE ADDING SECTION 20.06.007(q) TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROHIBIT CREMATORIUMS Councilman Penna Returned to the Podium. ADMINISTRATIVE BUSINESS 13. Resolution amending the City Clerk's compensation package. _.<'//o g A RESOLUTION AMENDING COMPENSATION PACKAGE FOR THE CITY CLERK 8/11/98 Page 20 PUBLIC HEARINGS did not take part in the discussion or vote on this item. Mayor Mullin declared a recess at 10:30 p.m. Mayor Mullin recalled the meeting to order at 10:39 p.m. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Mullin opened the Public Hearing. Chief Planner Harnish stated this issue came up last year due to the crematorium issue in Colma. He stated there was not a specific definition, which this ordinance provides in an industrial zone, however, the Planning Commission decided to not include the PUD. Mayor Mullin closed the Public Hearing. M/S Datzman/Fernekes - To approve Negative Declaration No. 98-047. Carried by majority voice vote, Councilman Penna did not take part in the discussion or vote on this item. M/S Datzman/Fernekes - To waive reading of the ordinance. Carried by majority voice vote, Councilman Penna did not take part in the discussion or vote on this item. Councilman Penna returned to the podium. ADMINISTRATIVE BUSINESS Vice Mayor Datzman suggested the Mayor appoint a Subcommittee to meet with the City Clerk. Mayor Mullin appointed Councilmember Penna and himself as the Subcommittee to meet with the City A~ENDA AC!!ON TAKEN DMINISTRATIVE BUSINESS 13. Resolution - Continued. 14. Resolution authorizing execution of agreements be- tween the City of S.S.F. and the S.S.F.U.S.D. for the expansion of West Orange Avenue parking lot onto the Adult Education Campus, construction of improvements to the rear portion of the Spruce Ele- mentary school Gymnasium and Alta Loma Middle School ballfieids. .,~'[~ [ A RESOLUTION APPROVING CONSTRUCTION, RENOVATION AND MAINTENANCE AGREE- MENTS BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCIS- CO UNIFIED SCHOOL DISTRICT 15. Resolution approving agreement with the Chamber of Commerce for the production of promotional videos. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRAN- CISCO AND THE SOUTH SAN FRANCISCO CHAMBER OF COMMERCE RELATED TO PRO- DUCTION OF PROMOTIONAL VIDEOS 8/11/98 Page 21 ADMINISTRATIVE BUSINESS Clerk, in a timely manner, and bring back a recom- mendation to Council at the next meeting. Director of Parks, Recreation and Maintenance Services Nagel related: the City is entering a part- nership with the School District for the enhancement and expanded utilization of community facilities at the Adult Education Campus for expansion of the West Orange Library parking lot, Spruce Elementa- ry School Gymnasium for a learning center, and Alta Loma Park/Middle School for two pee wee/ midget league baseball diamonds, one basketball court, one tennis court constructed by Greystone Homes, Inc.; Jan Smith said the School District took final action on 7/16/98; and staff is inviting Sun- shine Gardens residents to a meeting in October. Homes, Inc.; Jan Smith said the School District took M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 108-98 Carried by unanimous voice vote. Vice Mayor Datzman stated he would abstain on this item due to a conflict of interest because of a con- tractual agreement. Mayor Mullin stated he would abstain because the coordinator of the video is a relative of his. Councilmember Matsumoto stated the video was shown at a Chamber mixer, yet she has not seen it. She stated this cost $3,500.00 for the first video and there will be more. Assistant City Manager Moss stated the City Man- ager had the discretion for the first video, but he will come back for authorization on others, for there are a total of five videos not to exceed $25,000.00. He stated TCI showed the video five times and it will run again tomorrow. Councilmember Matsumoto asked, is the information for residents and who determines the subject matter. AGENDA ACTION TAKEN DMINISTRATIVE BUSINESS 15. Resolution - Continued. LEGISLATIVE BUSINESS 16. Motion to waive reading and introduce an ordinance amending Municipal Code 4.04 on purchasing. AN ORDINANCE AMENDING MUNICIPAL -- CODE SECTION 4.04.070 REGARDING THE USE OF BIDDING PROCEDURES FOR PURCHASES OF SUPPLIES, SERVICES, EQUIPMENT AND THE SALE OF PERSONAL PROPERTY 17. Motion to waive reading and introduce an ordinance establishing a procedure for filing individual claims for refunds of possible overpaid taxes and fees..5'1/, 7 AN ORDINANCE ADDING CHAPTER 4.32 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CLAIMS FOR MONEY, DAMAGES, AND REFUNDS ITEMS FROM COUNCIL 18. Appointments to the Conference Center Authority. ADMINISTRATIVE BUSINESS Assistant City Manager Moss stated the City Manag- er did the first, but he will take input from Council. Councilman Fernekes stated he saw the first video and complimented staff. M/S Penna/Matsumoto - To adopt the Resolution. RESOLUTION NO. 109-98 Carried by majority voice vote, Mayor Muilin and Vice Mayor Datzman abstained on the vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Finance Director Brooks gave a brief explanation of the ordinance. M/S Penna/Fernekes - To waive reading of the ordinance. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. City Attorney Mattas gave a brief explanation of ordinance: it establishes acceptance of individual claims which arises out of recent Court action; etc. M/S Fernekes/Penna - To waive reading of the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL Assistant City Manager Moss stated three positions have expired, the vacancies were advertised and posted, only the three reapplied and no one else applied. 8/11/98 Page 22 AfiENDA . rEMS FROM COUNCIL 18. Appointments - Continued. ITEMS FROM COUNCIL 18. Appointments - Continued. GOOD AND WELFARE ADJOURNMENT: 8/11/98 Page 23 ACTION TAKEN ITEMS FROM COUNCIL Councilmember Matsumoto was concerned that no one applied. She only knows one of the three, and asked if they could be interviewed. Executive Director O'Toole stated of the three reapplicants, two have served two terms, and one was appointed to fill an unexpired term. ITEMS FROM COUNCIL Vice Mayor Datzman stated after they advertise, the applicants are interviewed, but these people have served well, so we have done what we have to do and the process speaks for itself. Mayor Mullin stated the Council can readvertise if there are concerns, but he knows all three and we do everything we can to solicit applicants. These posi- tions are narrowly defined and fit a category with distinct qualifications. M/S Matsumoto/Fernekes - To reappoint the three reapplicants to the Conference Center Authority, Messrs. Aldo DeTomasi, Dennis Rosaia and George Chimenti. Carried by unanimous voice vote. GOOD AND WELFARE No one chose to speak. M/S Penna/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:18 p.m. AG _NDA _ ESPECTFULL¥ SUBMFFFED, ACIIQ_N APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco EGMullin, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 8/11/98 Page 24