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HomeMy WebLinkAboutMinutes 1978-12-0627O REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD DECEMBER 6, 1978 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION RESO. NO. 153-78 CHRIS FRANK BUTLER AGENDA REVIEW CITY MANAGER PUBLIC HEARING APPEAL ON SA-78-50 AND RPD-78-4 7:30 p.m. West Orange Avenue Library Auditorium Mayor Borba called the meeting to order at 7:30 p.m. The Pledge of Allegiance to the Flag was recited. Present: Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia Absent: None Councilman Damonte introduced the resolution entitled: "A RESOLUTION COMMENDING CHRIS FRANK BUTLER." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri. Noes, none. Absent, none. As Eagle Scout Butler was not present in the audience, Mayor Borba continued the presentation. City Manager Birkelo requested Council to continue Item No. 1 under Public Services - Approval of the Final Parcel Map of the Mission Road Tract; consider Item No. 5 under Public Services - Gellert Boulevard Extension Project Assessment District when the Assessment District Attorney appears present; and consider Item No. 4 under City Manager - Appeal on SA-78-50 and RPD 78-4 as the first matter. As there were no objections from Council, it was so ordered. Public Hearing - Appeal on SA-78-50 and RPD-78-4 Mayor Borba declared the Public Hearing opened. Staff Report, dated December 6, 1978, recommending that Council uphold the decision of the Planning Commission in approving the application for Residential Planned Development Permit and Subdivision Map - property located on Willow Avenue - RPD-4 Zone District. 271 CITY MANAGER PUBLIC HEARING APPEAL ON SA-78-50 AND RPD-78-4 (Continued) City Planner Costanzo presented a letter to Council from the law offices of Miller, Starr & Regalia, dated December 4, 1978, re: The Willow/Grand Condominium Project. City Planner Costanzo advised Council of the dates of legal notices, publications and postings for the Public Hearings. He next read in full the Staff Report dated December 6, 1978, subject: Appeal of Condominium Project/Maurice Brosnan SA-78-50 and RPD-78-4; and the SPECIAL CONDITIONS RPD-78-4 as attached to the Staff Report dated October 24, 1978 to the Planning Commission. Mayor Borba then invited members of the audience who wished to speak in favor of the appeal to come to the podium. Mr. Gene Rossini, 399 Holly Avenue, Chairman of the Citizens Action League, commented on the past meetings held with City Staff and expressed his group's concern of the possibility of the proposed condominiums' being turned into low-rent apart- ment housing and requested the project be down-zoned. Mr. Klaus Gabler, 371ForestView Drive, requested the area be down-zoned. He spoke as a resident for many years. Mrs. Gloria Beckstrom, 389 Willow Avenue, spoke concerning the number of condominiums and children's ages allowable in the proposed project. She stressed that their neighborhood was a residential area. Mrs. Shirley Graves, 489 Dolores Way, spoke about hazardous traffic conditions which could be created. Mr. Morris Slater, 395 Holly Avenue, commented on the number of cars used by today's families and their use, and the space of parking for each proposed unit. Mrs. Celia Ceffalo, 1082 Grand Avenue, 15-year resident of Sunshine Gardens, spoke on the traffic situation on Grand Avenue. She explained the difficulty of her ingress and egress to her garage because of the traffic. Mr. Larry Casey, 363 Forest View Drive, Vice Chairman of the Citizens Action League, spoke about his group's meeting with Mr. Brosnan and Mr. Brosnan's decision of not consider- ing any reduction and density of his project. He spoke on the traffic and parking situations, and the financial impact on the residents' homes. Mr. Jack Irvine, 460 Evergreen Drive, spoke concerning the zoning change and stressed the Sunshine Gardens area was a family community. He stated he would not object to it were it not for the concentration of units within a small space; and if it was constructed in good taste. 12/6/78 Page 2 272 CITY MANAGER PUBLIC HEARING APPEAL ON SA-78-50 AND RPD-78-4 (Continued) RECESS L RECALL TO ORDER: Mrs. Marie Cox, 466 Holly Avenue, spoke against the development because of the density. She objected to forty units per acre within a residential area and the additional traffic which would result. To show Council her group's sincerity and support, she asked for a show of hands. Mr. Jack Murray, 1043 Crestwood Drive, suggested that the developer consider the proposed project as a Senior Citizens development. Mr. James Thompson, 1048 Crestwood Drive, spoke in opposition to the development and urged Council not to approve it. Mr. Robert Cox, 466 Holly Avenue, commented on the over- crowding, traffic congestion, and requested Council consider their appeal for down-zoning. He requested to be allowed to refutefurther comments. Mayor Borba declared a recess at 8:27 p.m. The meeting was recalled to order at 8:39 p.m., with all Council present. Mr. Floyd D. Parma, 6767 Mission Street, Daly City, attorney representing Mr. Brosnan, stated that Mr. David Van Atta was also present to represent Mr. Brosnan. He voiced his opinion that the appeal had not sufficient legal grounds and explained his reasoning. He briefly reviewed his appearance before the Planning Commission and detailed the actions taken by the developer, Mr. Brosnan, to comply with the City's policies. He then answered the previous speakers' comments and explained the RPD-40 development to conform with the surrounding area. Mr. David Van Atta, One Kaiser Center, Oakland, attorney for Mr. Brosnan, explained that his firm specializes in condomin- ium projects, dealing in the legal documentation. He remarked that condominiums were small communities and are well cared for by the residents. He, at this time, read from the com- munication presented to Council concerning the down-zoning. He further remarked about compliance with existing laws and explained the reasons for "no children under three years of age." He stated that this was a planned adult community and has a sound design. He introduced the architect, Mr. Seyranian. Mr. Albert Seyranian, Architect, 256 Sutter Street, San Francisco, spoke on his experience in working on the develop- ment with City Staff and the changes made to the good of the project. From the artist's renderings hung on the wall, he explained the construction and parking areas. Mr. Lester Davis, Executive Director of the Chamber of Commerce, spoke in support of the project. 12/6/78 Page 3 273 CITY MANAGER PUBLIC HEARING APPEAL ON SA-78-50 AND RPD-78-4 (Continued) RECESS RECALL TO ORDER~ Mr. John Murphy, 1895 Jefferson Street, San Francisco, spoke inmpport of the project, citing financial conditions of young people's wishing to own property. He explained that condominiums were the reasonable alternative for such a purchase. Ms. Pat Butler, 104 West Orange Avenue, spoke, expressing her views on such a development as a place for people, thirty to forty years of age with no children, to live in a affordable home. She felt this project would enhance the community. Mayor Borba asked if anyone wished to speak in rebuttal. Mr. Larry Casey spoke about condemnation proceedings and stated that his groupZ would appeal by court action. He further spoke on the parking situation. Mr. Jim Rossini spoke that many of the residents of South San Francisco could not get into the auditorium this evening while the attorneys were from out of South San Francisco. City Planner Costanzo explained the statement made concerning the previous R-3 permit. Mr. Robert Cox, further spoke about the recreation room in the project, its use and parking. Further discussion followed concerning the R-1 zoning. City Planner Costanzo at this time read the Staff Report dated May 23, 1978. Mr. Morris Slater, questioned the difference of the original proposal of R-3 and R-1 and the proposed RPD-4 which was ex- plained by the City Planner. At the request of Mayor Borba, Chief of Police Datzman ex- plained the traffic study recently made in the Sunshine Gardens area, stating that there were seven accidents in a five-year period at the intersection of Willow and Grand Avenues. In answer to Mayor Borba's question of the legality of the zone change, the City Attorney replied that Council has the power to zone properties in South San Francisco as long as it is not done arbitrarily or discriminatorily and compatible to the General Plan. Mayor Borba declared the Public Hearing closed and declared a recess at 9:43 p.m. Mayor Borba recalled the meeting to order at 9:55 p.m., with all Council present. 12/6/78 Page 4 274 CITY MANAGER PUBLIC HEARING APPEAL ON SA-78-50 AND RPD-78-4 (Continued) Discussion followed among City Council and City Planner con- cerning approval by the State Board of Real Estate, restrictions of DCCR's and additional parking. To alleviate further traffic congestion, it was suggested that the developer post a bond for signalization and it was stated that he had already complied. Further discussion followed concerning restrictions on age and it was considered that this could be struck down in court at some future time. Increase in parking was also discussed at which time Mr. Seyranian stated that it would be very difficult as the project was very tight. During the discussion concerning a miscalculation in the per- ameter which would affect the density, Mr. Brosnan remarked that by removing Phase No. 20, more parking would be provided. Further discussion followed among Council concerning l½ parking spaces per unit, not cutting out dwellings for a tax base, and increased cost for each unit. Mayor Borba at this time moved that the plans be re-evaluated and a date set for a Public Hearing. Councilman Damonte stated that he would second the motion so that a discussion could be heard on the possibility of two parking spaces per unit. Further discussion followed during which time it was suggested that a 3-1 parking ratio be considered, comparison of parking in Stonegate Ridge Condominium project; and objection to the motion was expressed by Councilman Mirri and Councilwoman Teglia. Mr. Julius Renke, 32 Emerald Court, spoke in opposition to the delay and requested Council to take a stand this evening. Councilman Damonte at this time withdrew his second so that another motion could be presented and upon which Council could act. Mayor Borba withdrew his motion. Mr. James Rossini inquired if Council was considering the project for 5.53 acres and not 5.83 acres. Mr. Larry Casey stated that his group would support the 2.0 parking per unit. At the withdrawal of the previous motion, Councilman Acosta stated that he would make the motion denying the appeal with certain conditions of Phase 20, seconded by Councilman Mirri. 12/6/78 Page 5 2?5 CITY MANAGER PUBLIC HEARING APPEAL ON SA-78-50 AND RPD-78-4 (Continued) RECESS & RECALL: CONSENT CALENDAR At the request of the City Planner that certain conditions in the Staff Report be incorporated in the motion, Mayor Borba declared a recess at 11:06 p.m. to allow for the wording of the motion. Mayor Borba recalled the meeting to order at 11:22 p.m., with all Council present. City Planner Costanzo recommended the following motion: That the City Council finds l) that the total acreage was 5.83 and, in fact, was represented at 5.83 and is only 5.53 acres; and 2) an increase in parking is required for the development, having taken into consideration on-street parking in and around the adjacent development; and that Council orders RPD-78-4 stand approved with all of the findings and conditions of the Planning Commission set forth in the Staff Report dated October 24, 1978, and December 6, 1978, including all depart- ment heads' recommendations, except that Condition No. 10 shall be modified to read as follows: "10. That the Phase 20 of the subject property is not approved and that in place of the 1~0 units therein, the developer shall cause the design and construction of the parking lots to the satisfaction of the Design Review Board," and except that Condition 11 is added: "11. That the developer shall be required to resubmit the elevation of the site plan to the City Council for final approval prior to the issuance of the Building Permit." Councilman Acosta stated that his motion incorporated the recommendations of the City Planner and was accepted by Councilman Mirri to his second. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, Councilman William A. Borba. Absent, none. City Planner Costanzo requested another motion from Council concerning the Subdivision Map (SA-78-50), a motion to continue the Subdivision Map application. Councilman Mirri so moved, seconded by Councilwoman Teglia. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Robe~ta Cerri Teglia. Noes, Councilman William A. Borba. Absent, none. City Clerk Pettigrew read the following items on the Consent Calendar: City Council Minutes of the Regular Meeting of November 15, 1978; and Special Meeting of November 21, 1978 - Motion to approve. 12/6/78 Page 6 CONSENT CALENDAR (Continued) RESO. NO. 154-78 APPROVAL OF FINAL MAP SUNSHINE PLAZA NO. 2 RESO. NO. 155-78 APPROVAL OF CALIFORNIA WATER PARCEL MAP APPROVAL OF BILLS D--~-~EMBER 6, 1978 Consent Calendar: (Continued) e Claim as filed by Bocci, Fulvio & Royce, Attorneys at Law, on behalf of Richard Martin for alleged personal injuries sustained in bicycle accident involving drainage grate - Motion to deny and refer to City's insurance carrier and to office of City Attorney. Claim as filed by Frank M. Borg alleging automobile damage as a result of road condition - Westborough Boulevard, east near Callan Boulevard - Motion to deny and refer to City's insurance carrier and to office of City Attorney. J Approval of Final Parcel Map of Sunshine Plaza No. 2; Acceptance for public use a road and utilities easement - Adoption of Resolution approving Final Map and accepting for public use a road and utilities easement. Approval of California Water Parcel Map and execution of Subdivision Agreement - Adoption of Resolution approving C'alifornia Water Parcel Map and related matters. Councilman Acosta moved, seconded by Councilwoman Teglia and regularly carded that the Consent Calendar be approved as presented. Mayor Borba stated, "Before the motion is made, I would like to refrain from vOting on the following due to the fact that I do business with the following companies." American Bridge Bay CitiesE;uilding Material Bayshore International Trucks Bergesen Electric Berkey Film Processing Binks Mfg. Company Cadillac Plastic Cap Concrete Inc. Colma Dump Company Cresta Bros. Custom Office Supply A.B. Dick Company Don & Jerry's Automotive Endurance Metal Enterprise Journal B. F. Goodrich Graybar Electric Marshall-Newell Maryatt Industries Meehan Battery Co. Wm. Minucciani Plumbing Olympian Oil Overhead Door Co. of So.S.F. Geo. Philpott Company San Mateo Times Sears So. City Car Wash So. City Lock Works Union Carbide VWR Scientific Xerox, Corp. So. S.F. Police Association Union Oil Company First National Bank of Daly City Director of Finance Anderson brought Council's attention to Item No. 4 under Public Services and requested that this be considered for payment under Bills. 12/6/78 Page 7 277 APPROVAL OF BILLS DECEMBER 6, 1978 ( Continued) RESO. NO. 156-78 APPROVING OPERATING BUDGET 1978-79 (FINAL FORM) CITY CLERK VACANCIES ON BOARDS AND COMMISSIONS CITY MANAGER RESO. NO. 157-78 APPROVING BUDGET RECEIVED PURSUANT TO PWEA ACT 1976 TITLE II Director of Public Services explained the Staff Report, dated December 6, 1978, recommending that Council approve for pay- ment to San Mateo County Department of Public Works - Colma Creek Flood Control Project - Chestnut Avenue Box Culvert. He explained that the money will be incorporated in the Capital Improvement Budget and will be paid in that formal process. As there was no objection to the inclusion, Mayor Borba moved to approve the claims as amended, seconded by Councilman Damonte and regularly carried. Councilman Damonte moved to approve the claims deleted from the original list, seconded by Councilwoman Teglia and regularly carried. Mayor Borba stated, "I want the record to show that I did not participate in the vote." Staff Report, dated December 6, 1978, recommending that Council adopt the resolution approving the Operating Budget, in final form, for 1978/79. Councilman Acosta introduced the resolution entitled: "A RESOLUTION APPROVING THE OPERATING BUDGET FOR FISCAL YEAR 1978-79 (IN FINAL FORM)." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated December 6, 1978, advising of vacancies to be filled on various boards and commissions and recommend- ing Council set a date for interviewing candidates. Discussion followed among Council concerning a date for inter- views during which time it was decided that the names on the existing list not be interviewed and to interview only new applicants. This matter was continued to December 20, 1978. Staff Report, dated December 6, 1978, recommending that Council authorize the acceptance of a budget by resolution which pro- vides for the allocation of Public Works Employment Act Title II funds. Councilwoman Teglia introduced the resolution entitled: "A RESOLUTION APPROVING A BUDGET FOR FUNDS RECEIVED PURSUANT TO PUBLIC WORKS EMPLOYMENT ACT 1976 TITLE II." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. 12/6/78 Page 8 278 CITY MANAGER ORD. NO. 779-78 ESTABLISHING ANIMAL CONTROL REGULATIONS AND PROCEDURES 1st Reading/Adoption RESO. NO. 158-78 DESIGNATING CONTRACT AGENT & TAX COLLECTOR IN ACCORDANCE WITH ORDINANCE Mayor Borba declared the Public Hearing opened. Staff Report, dated December 6, 1978, recommending that Council read for the first time and adopt the ordinance as an Urgency Ordinance establishing animal control regulations and procedures; adopt the resolution designating the contract agent and tax collector in accordance with the ordinance; and adopt the resolution approving the Amendment 0-2, 1978 Operating Budget. Assistant to City Manager Wilson explained the animal control procedure and the fees therein. Discussion followed among Council and City Staff regarding the level of service; increase in license fees; and agency of enforcement Mayor Borba asked if anyone wished to speak on the subject. As no one spoke, Mayor Borba declared the Public Hearing closed. City Attorney.Noonan described the ordinance and advised the Council that, as an Urgency Ordinance, it was subject to passage immediately upon introduction. Mayor Borba ordered the title of the ordinance and the State- ment of Facts constituting the urgency read. The title of the ordinance and Statement were read. Councilman Acosta moved that the reading of the ordinance in its entirety be waived, seconded by Councilwoman Teglia, and regularly carried. Councilman Acosta moved that the ordinance entitled: "AN ORDINANCE ESTABLISHING ANIMAL CONTROL REGULATIONS AND PRO- CEDURES,'' be introduced and passed as an Urgency Ordinance, the reading in its entirety having been duly waived, said ordinance to be effective in~nediately as an Urgency Ordinance as authorized by the Government Code, seconded by Councilman Mirri and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, Councilman Emanuele N. Damonte. Absent, none.' Councilman Acosta introduced the resolution entitled: "A RESOLUTION DESIGNATING THE CONTRACT AGENT AND TAX COLLECTOR IN ACCORDANCE WITH THE ORDINANCE ESTABLISHING ANIMAL CONTROL REGULATIONS AND PROCEDURES." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, Councilman Emanuele N. Damonte. Absent, none. 12/6/78 Page 9 2?9 CITY MANAGER RESO. NO, 159-78 APPROVING AMENDMENT 0-2 1978-79 OPERATING BUDGET ORDINANCE AMENDING OR. NO. 353 TO INCLUDE R-E RURAL ESTATES ZONING ORD. NO. 780-78 AMENDING ORD. 353; ESTABLISHING C-O COMMERCIAL OFFICE ZONE DISTRICT 2nd Reading/Adoption Councilman Borba introduced the resolution entitled: "A RESOLUTION APPROVING AMENDMENT 0-2, !978-79 OPERATING BUDGET." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A, Borba, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, Councilman Emanuele N. Damonte. Absent, none. Public Hearing - Proposed R-E - Rural Estates Zone/ZA-78-13 Staff Report, dated December 6, 1978, recommending that Council introduce the ordinance amending Ordinance 353, as amended, to include an R-E rural Estates Zone District in the Zoning Ordinance and approve Negative Declaration 190. At the request of City Staff, Mayor Borba continued this matter to January 3, 1979. Mayor Borba declared the Public Hearing opened. Staff Report, dated December 6, 1978, recommending that Council read for the second time and adopt the ordinance rezoning properties located on the easterly side of Oak Avenue between Grand Avenue and 200 ft. southerly of Commercial Avenue from R-2 and R-3 to C-O Zone - RZ-78-52. After an explanation by City Planner Costanzo, discussion followed concerning the need for a Use Permit should the change in zoning be requested. Mayor Borba asked if anyone wished to speak. As no one spoke, Mayor Borba declared the Public Hearing closed. Mayor Borba ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan explained the ordinance and advised Council regarding procedure for adoption and passage. Councilman Damonte moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilwoman Teglia and passed by unanimous vote. Councilman Damonte moved that the ordinance entitled, "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED 'ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO' AND ESTABLISHING A C-O COMMERCIAL OFFICE ZONE DISTRICT," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilwoman Teglia and passed by the following roll call vote. ]2/6/78 Page 10 280 CITY MANAGER ORD. NO. 780-78 (Continued) ~-~ REVIEW OF CURRENT STATUS OF DOWNTOWN REV I TALI ZAT I ON PROJECT RECESS: RECALL TO ORDER: PARKS& RECREATION RESO. NO. 160-78 EXPRESSING APPRECI- ATION TO FRANK J. PRENDERGAST RESO. NO. 161-78 AUTHO EXECUTION OF LEASE EL RANCHO SCHOOL Roll call vote was as follows: Ayes~ ~ounci!men Ronald G. Acosta, William A. Borba, Emanuele N. ~amonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia, Noes, none. Absent, none. Staff Report, dated December 6, 1978, ',ecommending that Council review the current status of negotiations with D'Amico and Associates and adivse Staff of any procedural changes which may be desired. City Planner Costanzo recommended that Council review the current status and advise staff of any changes which they wished. Based on Council's comments, it is Staff's intention to submit a list of consultants to be ~tilized in consortium to complete the project designs. Mayor Borba declared a recess at 2:31 a.m. Mayor Borba recalled the meeting to order at 12:33 a.m., with all Council present. City Planner Costanzo further commented on the present time schedule and the contract documents being processed by the City Manager and City Attorney - with the first meeting in January planned for the first steps in the legal procedure. As this was an informational item, no Council action was necessary. Councilman Acosta introduced the resolution honoring Mr. Frank J. Prendergast, retiring Parks and Recreation Commissioner. The resolution was entitled: "A RESOLUTION EXPRESSING APPRE- CIATION TO FRANK J. PRENDERGAST." Rolll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated December 6, 1978, recommending Council approve the proposed lease between the City and the South San Francisco Unified School District for space at E1 Rancho School, by adoption of the resolution. Director of Parks and Recreation Norton explained the report after which discussion followed concerning the payment of water which would be the.district's responsibility. Councilman Mirri introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF A LEASE WITH THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT FOR SPACE AT THE EL RANCHO SCHOOL." 12/6/78 Page ll PARKS & RECREATION RESO. NO. 161-78 (Continued) RESO. NO. 162-78 AUTHO PROJECT AMENDMENT #06-00597.1 LAND/WATER CONSERVA- TION FUND PROGRAM PUBLIC SERVICES RESO. NO. 163-78 CONCURRING WITH COUNTYWIDE PLAN UNDER STATE LITTER CONTROL RESO. NO. 164-78 AUTHO EXECUTION OF CITY-CONSULTANT AGREEMENT WITH GOODWIN STEINBERG REMODELING OF V.G. BLDG. & EXISTING POLICE BLDG. 281 Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teg!ia. Noes, none. Absent, none. Staff Report, dated December 6, !978, r~commending that Council adopt the resolution approving the Amendment to the project agreement for Land and Water Conservation Fund Program. After an explanation by Director Norton, discussion followed during which time City Attorney Noonan stated that this was an opportunity to tie into the agreement. Councilman Damonte introduced the resolution entitled: "A RESOLUTION AUTHORIZING PROJECT AMENDMENT NO. 06-00597.1 (LAND AND WATER CONSERVATION FUND PROGRAM) RELATED TO OYSTER POINT MARINA PROJECT." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated Decmeber 6, 1978, recommending that Council adopt the resolution concurring with the Countywide plan under the State Litter Control, Recycling and Resource Recover Act of 1977. Director of Public Services Addiego stated that the County was asking cities to concur with them to apply for these funds instead of each city applying and administering its own program. He stated that South San Francisco is eligible for a total of $6,215 if it were to operate its own clean-up program. Councilwoman Teglia introduced the resolution entitled, "A RESOLUTION CONCURRING WITH COUNTYWIDE PLAN UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY ACT OF 1977." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated December 6, 1978, recommending that Council adopt the resolution authorizing the City Manager to execute a City-Consultant Agreement negotiated with Goodwin B. Steinberg and Associates, San Jose, for professional services related to remodeling of the Value Giant and existing Police building. Discussion followed among Council and the Director of Public Services regarding cost of additional services and monies budgeted in the contract for construction costs, and Council's control of any alterations. 12/6/78 Pagel2 282 PUBLIC SERVICES RESO. NO. 16~-78 (Continued) GELLERT BLVD. EXTENSION PROJECT ASSESSMENT DISTRICT PROJ. ST-77-5 PHASE I GRADING COMMUNICATIONS REQUEST OF WTVC TO RE-EVALUATE SEC. 2.4 IN RESO. NO. 104-78 Councilman Acosta introduced the resolution entit!ed~ "A RESOLUTION AUTHORIZING EXECUTION OF A C!TY-CONSULTANT AGREE- MENT WITH GOOD, IN B. STEINBERG ASSOCIATES RELATED TO REMODELING OF VALUE GIANT AND EXISTING POLICE DEPARTMENT BUILDING." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated December 6, 1978, recommending that Council, by motion, accept the "Gellert Boulevard Extension Project Assessment District, Project No. ST-77-5, Phase I - Grading" as complete in accordance with the approved plans and speci- fications and deny the claims presented in M. L. Dubach, Inc., letter of October 16, 1978, and refer the claims to the Assessment District Attorney. Director of PUblic Services Addiego explained that the work has been inspected and is found to be complete in accordance with the plans and specification; that the claims were being reviewed by the Engineer-of-Work and the Assessment District's legal counsel and Council will be kept informed on the future dispo~tion of the claims. Councilwoman Teglia moved, seconded by Councilman Mirri and regularly carried that Claims Nos. 1 and 2 and the unnumbered claims contained in letter dated October 16, 1978, to the City of South San Francisco from Merrill L. Dubach regarding the Gellert Boulevard Extension Project, be rejected and denied, and referred to Wilson, Morton, Assaf & McElligot, and that notice of same in accordance with Government Code Section 913 be given to claimant. Councilwoman Teglia moved, seconded by Councilman Acosta and regularly carried that Project No. ST-77-5, Phase 1 Grading, be accepted, and notice of completion thereof be recorded, said acceptance being neither an acknowledgement nor admission that any sums whatever are due, owing and payable Or will be- come due, owing and payable to the general contractor, M. L. Dubach, Inc., over and above the sum of $428,287.46, same being the contract price of $410,402.00 plus three (3) Council authorized change orders. Said acceptance of said Project as complete is also not an acknowledgment nor admis- sion that there is any validity to, nor any sums due or owing upon, either claims Nos. 1 and 2, or other unnumbered claims, as asserted in the letter from Merrill L. Dubach on or about October 16, 1978, or which have been asserted at earlier times, or which may be asserted. Letter, dated November 22, 1978, from James W. Stowell, WTVC, requesting the Cable TV Subcommittee re-evaluate the inclusion of Section 2.4 in Resolution No. 104-78. 12/6/78 Page 13 283 COMMUNICATIONS LETTER FROMWTVC TO RE-EVALUATE SEC.2,4 tN RESO. NO. 104-78 Continued) ITEMS FROM STAFF REPORT ON SICK LEAVE LIABILITY CHRISTMAS DECORATIONS CHAMBER OF COMMERCE MOVE TO V.G. BLDG. PROP 13 BONUS SR. CITIZENS BLDG. MR. GIFFRA ITEMS FROM COUNCIL INFORMATION REQUESTED RE BUSINESS LICENSES AND ENFORCEMENT City Manager Birke!o suggested that since Mr. Stowell could not be present this evening, that the matter be referred to the Subcommittee to conside? the change and come back to Council for approval, Discussion followed during which time it was expressed that this matter should be before the full Council when adjustment rates are concerned. City Attorney Noonan opinioned that Council had a good document after which it was the consensus of Council to abide by the present document. Staff Report, dated December 6, 1978, recommending that Council review the report on Sick Leave Liability and take no action at this time. At the request of the City Manager, this item was continued. Assistant to the City Manager Wilson sought Council's direction for the Christmas celebration for the City employees, street decorations, and Christmas tree on Sign Hill. Discussion followed among Council concerning the downtown Christmas decorations and the cost to merchants and installa- tion by the City; Christmas tree on Sign Hill; and the items having been cut from the budget. It was Council's decision not to restore the budget cuts. Council's direction was also sought for the recent move of the Chamber of Commerce into the coin shop in the Value Giant building. This matter was postponed, to be discussed at a later time. City Manager Birkelo stated that the City has received a check for $311.80 from Mr. Giffra as a savings from Proposition 13 for the Senior Citizens Center building. Councilman Damonte requested information concerning business licenses and the business of Ernie's Wine Warehouse. City Planner Costanzo explained the change in ownership, now called Napa Wine Association. He further explained the requirements of a new business license, and also conformity to the Planning Commission's requirements. Further discussion followed among Council, City Planner, and City Attorney concerning enforcement procedures for business ! icenses. 12/6/78 Page 14 ITEMS FROM COUNCIL BUSINESS LICENSE' DISCUSSI ON' (Continued) REPORT ON SAMTRANS FENCING REQUEST FOR CITIZENS ADVISOR COMMITTEE - AGENDA ITEM COMMENTS RE ABAG RESO FROM CITY OF CARPENTERIA RE MANDATED COSTS REPORT REQUESTED ON BRENTWOOD PARKING LOT BICYCLE COMPLAINT ADJOURNMENT: Council unanimously upheld the legitimate busines~ person and ~ ~d~se~ by the Director of Finance how business licenses were processed. Mayor Borba requested Staff to work together and come back with. a solution as soon as possible. Councilman Mirri requested further information about SamTrans' site. City Planner Costanzo stated that they had been put on notice and $1,800 was being held by the City as a deposit until the fencing was completed. Councilwoman Teglia requested that the discussion on the formation of a Citizens Advisory Committee be a matter for the next agenda. Councilwoman Teglia next read from a newspaper article con- cerning the Association of Bay Area Governments and the abolishment of local governments, She felt that a study should be made ~ither through the Council of Mayors or the North County Council of Cities to determine if the funding of this organization was proper. Councilwoman Teglia stated that a letter, dated November 27, 1978, had been received from ABAG asking for a response. They had formally decided to cut their budget 70% and would like a response. Councilwoman Teglia requested a letter be written showing Council's feelings of a cut of 85%. Councilwoman Teglia said that a Resolution No. 923 had been received from the City of Carpenteria which strongly opposed the lack of the State of California's concern to the impact of State-mandated costs. She stated that the City should endorse this resolution and wished it placed on the next agenda. Mayor Borba stated that he would like to have a status report on the Brentwood Parking Lot in the Status Report. Mayor Borba stated that he had received complaints concerning bicycles's using sidewalks as bikeways. Chief of Police Datzman stated that the signs had been in- stalled in the business district and would advise his depart- ment to be aware of this situation in the residential areas. As there was nothing further from anyone on Council or in the audience, Councilman Damonte moved, seconded by Councilman Mirri and regularly carried that the meeting be adjourned. Time of adjournment: 2:30 a,m. 12/6/78 Page 15 RESPECTFULLY SUBMITTED, APPROVED; M~rQ_a]~t M. Pettigrew, C~i~ Clerk City of South San Francisco William A. Borb~', Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral presentations, 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 available for inspection, review, and copying, 12/6/78 Page 16