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HomeMy WebLinkAboutMinutes 1982-07-21Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addiego Council: Ronald G. Acosta Emanuele N. Damonte Gus Nicolopulos MINUTES m~ CITY COUNCIL Municipal Services Building Community Room July 21, 1982 AGENDA CALL TO ORDER: (Cassette l) PLEDGE OF ALLEGIANCE INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Item No. 11 should read the adoption of two Resolutions rather than one. - Closed Session at the beginning of the meeting to discuss liti- gation. - Item No. 12 be heard after Item No. 7. - Item No. 20 be continued. Mayor Teglia requested: - Add Item 12a - Dirt Bike Program, letter received from the Citizens Forum of S.S.F. asking support for the continuance of the Program. ORAL COMMUNICATIONS ACTION TAKEN 7:50 p.m. Mayor Teglia presiding. Council present: Acosta, Nicolopulos, Addiego, Damonte and Teglia. Council absent: None. Recited. The invocation was given by Reverend Charles Gilmore of Our Redeemer Church. AGENDA REVIEW So ordered. So ordered. Mayor Teglia introduced Mr. Dick Noftsger, Lions Club, and Mr. Saito, an exchange student from Tokyo, after which a key to the City was given to Mr. Saito. ORAL COMMUNICATIONS Mr. Don Parrish, 132 Escanyo Drive, expressed concern wi~h low flying Philippine Airlines planes flying over his house. He stated that he feared 7/21/82 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS ORAL COMMUNICATIONS an airplane crash in this City as there had been in New Orleans from low flying planes. He stated that as a former airlines employee and a consul- tant he was very concerned that a crash could occur in South San Francisco in some person's backyard. He stated that the airplanes were flying lower than the stated 3,000 foot altitude and that the noise level was atrocious. He stated that at a prior meeting Mayor Teglia had requested his testimony before a Judge on airport noise and that this he had done. He stated that this City should not cater to the Airport in that this City's residents were here before the gap area became a heavy take off area and further objected to the lack of monitoring of the noise level. Mayor Teglia spoke of the attempts by Council to make known to the Airport this City's objection to noise levels and low flying planes. She spoke in detail of the ten days of public testimony and the City's effort to hire an expert consultant to aid the City; a possible class action suit; the extent of impact from Airport noise; the fact that the cities bordering the Airport were not united, etc. Councilman Acosta spoke of the noise monitors and calibrations for noise levels. He stated that he was the representative to the Airport Roundtable and spoke of the attempts to have lights on the mountain to facilitate land departures; the various flight patterns for arrivals and departures; the joint land study and invited Mr. Parrish to attend the next Airport Roundtable meeting. Mr. Parrish reiterated his plea for the Council to do all in its power to correct the situation. 7/21/82 Page 2 AGENDA ACTION TAKEN ORAL COMMUNICATIONS CONSENT CALENDAR 1. Minutes of the Regular Meeting of 5/1 9/82. Staff Report 7/21/82 recommending by Motion to deny and refer the following claims to the City's Insurance Adjuster and to the Office of the City Attorney: l) Claim as filed by Allan Ray Schnibben, Atty. at Law on behalf of Terrence K. Baillargeon and Rosa Baillarge~n alleging injuries sustained by Rosa Baillargeon while playing on playground equipment at Sunshine Gardens Elementary School. 2) Claim as filed by James P. Nichols, Atty. at Law, on behalf of Stella Hodges, alleging in- juries sustained as the result of negligence by a member of the South San Francisco Police Dept. o Staff Report 7/21/82 recommending adoption of a Resolution approving plans and specifications and call- ing for bids on the Gellert Blvd. Extension median island landscaping. ORAL COMMUNICATIONS Councilman Nicolopulos spoke of the need to have the legislatures of each City sit down and share a community of input. Mayor Teglia spoke of the Airport and officials of San Francisco not coming to the Roundtable meetings to try to effect a solution to the noise impacts. Mayor Teglia stated that the annual band concert would be held Sunday, 7/25/82, which was a summer program sponsored by the Park & Recreation Department, at 2:00 p.m. at the E1 Camino High School Little Theatre. CONSENT CALENDAR Approved. So ordered. So ordered. 7/21/82 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 3. Staff Report - Continued. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALLING FOR BIDS ON THE GELLERT BOULEVARD EXTENSION MEDIAN ISLAND LANDSCAPING, PROJECT NO. PR-82-1 Staff Report 7/21/82 recommending adoption of a Resolution accepting a Grant of Easement from Shell Oil Co. for a street and sidewalk ease- ment deed at 248 So. Airport Blvd. A RESOLUTION ACCEPTING A STREET AND SIDEWALK EASEMENT FROM SHELL OIL CO. (248 SOUTH AIRPORT BOULEVARD) e Staff Report 7/21/82 recommending adoption of a Resolution which approves a Final Map and authorizes recordation of the 615 Baden Avenue Condominiums Final Subdivision Map. A RESOLUTION APPROVING THE FINAL SUB- DIVISION MAP ENTITLED "615 BADEN AVENUE CONDOMINIUMS, A CONDOMINIUM PROJECT" AND AUTHORIZING RELATED ACTS Staff Report 7/21/82 recommending by Motion to set a Public Hearing date of 8/18/82 to consider approval of Negative Declaration No. 364 and an Ordinance amending Section 20.80.250 of the South San Francisco Municipal Code and Section 6.51 of the Zoning Ordinance (Ordinance 353, as amended) dealing with the expiration date of Use Permits, Zone Permits and Variances. Staff Report 7/21/82 recommending adoption of a Resolution accepting a Grant of Easement from Shell Oil Co. for a street and sidewalk ease- ment deed at 248 So. Airport Blvd. CONSENT CALENDAR RESOLUTION NO. 76-82 Removed from the Consent Calendar by Vice Mayor Addiego for discussion. Removed from the Consent Calendar by Councilman Nicolopulos for discussion. Approved Public Hearing date of 8/18/82. M/S Acosta/Damonte - Consent Calendar be approved with the exception of Items No. 4 and 5. Carried by unanimous voice vote. 7/21/82 Page 4 AGENDA ACTION TAKEN Staff Report 7/21/82 - Continued. A RESOLUTION ACCEPTING A STREET AND SIDEWALK EASEMENT FROM SHELL OIL CO. (248 SOUTH AIRPORT BOULEVARD) Staff Report 7/21/82 recommending adoption of a Resolution which approves a Final Map and authorizes recordation of the 615 Baden Avenue Condominiums Final Subdivision Map. A RESOLUTION APPROVING THE FINAL SUB- DIVISION MAP ENTITLED "615 BADEN AVENUE CONDOMINIUMS, A CONDOMINIUM PROJECT" AND AUTHORIZING RELATED ACTS APPROVAL OF BILLS 7. Approval of the Regular Bills of 7/21/82. PUBLIC SERVICES 12. Staff Report 7/21/82 recommending adoption of a Resolution which authorizes the Director of Public Services to enter into an agreement with Wilsey & Ham Civil Engineers to provide engineering consulting ser- vices to the Gateway Assessment District. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ENGIN- EERING SERVICES FOR THE GATEWAY ASSESSMENT DISTRICT Vice Mayor Addiego questioned if the City was responsible for the maintenance of the sidewalk after acceptance of the sidewalk easement. Director of Public Services Yee stated that the City's policy was that it was the responsibility of the property owners to maintain the sidewalk. M/S Addiego/Acosta - To adopt the Resolution. RESOLUTION NO. 77-82 Carried by unanimous voice vote. Councilman Nicolopulos made mention of a typographical error on the staff report and asked that under discussion the date should read 8/18/81 rather than 8/18/82. M/S Nicolopulos/Damonte - To adopt the Resolution. RESOLUTION NO. 78-82 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Acosta/Damonte - To approve the Regular Bills. Carried by unanimous voice vote, Addiego did not participate or vote in the matter of. the claim of Brentwood Market. PUBLIC SERVICES Director of Public Services Yee stated that the Council had authorized the formation of the Assessment District and that part of the agreement was to employ Wilsey & Hamm to do the plans and specifications and follow through with construction. He gave an in-depth over view of the negotiated Wilsey & Ham fees. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 79-82 7/21/82 Page 5 AGENDA ACTION TAKEN PUBLIC SERVICES 12. Staff Report - Continued. COMMUNITY DEVELOPMENT Be Staff Report 7/21/82 recommending by Motion to approve the request by Broadmoor Homes to delete the requirement for pedestrian stairway between Gellert Blvd. and Appian Way, St. Francis Terrace (Lots 3 & 4) SA-82-76-RPD-79-12, MOD 1 Continued from the 7/7/82 meeting. PUBLIC SERVICES Carried by unanimous roll call vote. COMMUNITY DEVELOPMENT Director of Community Development Dell,Angela spoke of the earlier meeting and the request to waive the requirement of constructing a pedestrian stairway in the St. Francis Terrace Development. He stated that the Westborough Home Owners had expressed no opposition to the deletion of the stairway and that Council had requested something in writing from the group to that effect. He continued, Council had instructed the City Engineer to bring forward alternatives to the pedestrian stairway. He reiterated the Developer's concerns in relation to liability to the City and the Home Owners if the stairway was not deleted. He spoke of a letter received from Mr. Stevens, President of the Home Owners Association, Director of Public Services Yee presented a location map and spoke of the easement connecting Appian Way as a shortcut to ~he park. He stated that the map had been prepared by Mr. Tronoff in 1980 showing the twenty foot easement and another map that had been prepared in 1972. He stated that in his judgment the the plan met the UBC and that the slope was 54% which was very close to the Stonegate Development and the slope at the back of City Hall where the steps go to the parking lot and the old police building. He stated that in his opinion the pedestrian stairway would not be any more of a problem in terms of safety then the locations mentioned. Discussion followed on the number of stairs to be erected; the degree of slope, etc. Mr. Gunther Box, Broadmoor Homes, spoke of the problems of the stairway requirement such as privacy and police problems; liabilities problems, etc. 7/21/82 Page 6 AGENDA ACTTON TAKEN COMMUNITY DEVELOPMENT 8. Staff Report - Continued. COMMUNITY DEVELOPMENT Discussion followed on whether or not the area would be planted if the stairway was not erected; if the stairway was removed and became open space with children making their own pathway through the area, etc. Police Chief Datzman stated that if the question was a simple one, to wit, is there a greater potential for problems with a stairway as opposed to not having a stairway - then, a police answer would be yes, there is a possibility of problems with a stairway. He stated that emphasis should not be put on having or not having a stairway contributing to police problems. Mayor Teglia expressed concern in being asked to limit access to an area that has not been developed when there was no way to gauge the amount of traffic to the park area - once access was eliminated it could not be changed at a later date. A discussion followed on other areas in the City that were open for public convenience; areas that had been closed due to suggestions from citizens, schools and the City; police problems in the Sunshine and E1 Rancho areas with the Police working with the residents to deal with the problems; loitering by students in the projects; controled access versus uncontroled public trespassing. Councilman Acosta asked whether the Developer or the DC&Rs had placed a condition that the people could meander through the private property. He stated that the maps did not clearly outline the roads. Director of Community Development Dell'Angela explained the driveway areas and the accesses to the park. He stated that in a public stairway situation there is a potential City liability whereas in a private driveway 7/21/82 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 8. Staff Report - Continued. COMMUNITY DEVELOPMENT situation liability rests with the private home owners association and the private parties. Mayor Teglia questioned why there should be a liability if the stairway was built according to safety standards. Assistant City Attorney Katz stated that there would always be a situation where someone was injured on a public right-of-way or sidewalk and the City would be named for damages. She stated that the City would have the responsibility to see that it was correctly maintained and provided for in the DC&Rs, etc. She stated that she had not worked on this particular project or been privy to the maps and DC&Rs. Councilman Acosta questioned why a private individual should pay insurance to cover, hold harmless and indemnify the City. Assistant City Attorney Katz stated that she would research whether there had been prior cases where an individual or Developer had insurance to hold the City harmless. Mr. Gunther Box asked if the request to eliminate a stairwell could result in this being a public stairwell and easement and not subject to the home owners maintenance at all, that the conversation was going around to the stairwell being required, plus our maintenance and insuring it~- h~, did not feel that this was proper. Councilman Addiego expressed concern in disregarding the potential for a pedestrian to walk into the primary entrance to the walk by eliminating the stairwell. 7/21/82 Page 8 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 8. Staff Report - Continued. RECESS: RECALL TO ORDER: (Cassette No. 2) FINANCE 9. Public Hearing - Sewer Rental Charges for 1982-83. Staff Report 7/21/82 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution which ratifies the Sewer Rental Report for 1982-83. A RESOLUTION ADOPTING REPORT OF ANNUAL SEWER RENTALS AND CHARGES FOR 1982-83 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE COMMUNITY DEVELOPMENT Mayor Teglia stated that Council should take Director of Public Services Yee's suggestion and have a public hearing to allow citizen input on the stairwell. Councilman Nicolopulos asked if the Westborough Home Owners Association had held a meeting and had voted on the retention or elimination of the stairwell. Mr. Stevens, President of the Westborough Home Owners Association, stated that there had been a straw vote of the Directors of the Association and that a meeting of the association was to be held on 7/28/82. He stated that there were 900 families in the assoc- iation and he felt it would be a good idea to have a public hearing for citizen input. He suggested making the Developer donate additional park equipment if the stairwell was elim- inated. Consensus of Council - Notify the people on Kenry Way, Colina, Appian, Shannon and other streets affected in the area that a Hearing would be held on 8/4/82 for citizen input. Mayor Teglia declared a recess at 9:30 p.m. Mayor Teglia recalled the meeting to order at 9:50 p.m., all Council present. FINANCE Mayor Teglia opened the Public Hearing and invited those wishing to speak in favor to step to the dais - no one chose to speak. Mayor Teglia invited those wishing to speak against please step to the dais - no one chose to speak. Mayor Teglia closed the Public Hearing. 7/21/82 Page 9 AG E N DA A.£ T I 0 N TAKEN FINANCE 9. Public Hearing - Continued. 10. 11. Staff Report 7/21/82 recommending adoption of a Resolution that establishes a tax rate for the financing of the Municipal Services Building. ~9_~ A RESOLUTION FIXING A SPECIAL TAX RATE FOR FISCAL YEAR 1982-83 Staff Report 7/21/82 recommending the adoption of two Resolutions fixing revenue to be raised and setting the tax rate for the West Park 3 Maintenance District. a) A RESOLUTION FIXING THE AMOUNT OF REVENUE REQUIRED FROM A PROPERTY TAX LEVY IN THE WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT FOR THE FISCAL YEAR 1982-83 b) A RESOLUTION FIXING THE TAX RATE FOR THE FISCAL YEAR 1982- 83 WEST PARK 3 PARKS AND PARK- WAYS MAINTENANCE DISTRICT FINANCE M/S Damonte/Acosta - To adopt the Resolution. RESOLUTION NO. 80-82 Carried by unanimous roll call vote. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 81-82 Carried by unanimous roll call vote. City Manager Birkelo stated that after Proposition 13 the City experienced a shortfall in property tax for the Maintenance Districts. Director of Finance Lipton stated that in November and December of the prior year during the Augmentation Distribution it had been indicated that during fiscal year 1982-83 West Park 3 would have a deficit. He explained that it would be necessary to levy a property tax of slightly over three cents to raise the $32,624 needed to cover expenditures only. Discussion followed on the level of maintenance; capital repairs needed - irrigation controllers, etc. M/S Addiego/Damonte - To adopt Resolution fixing the amount of revenue required. RESOLUTION NO. 82-82 Carried by unanimous roll call vote. M/S Addiego/Damonte - To adopt the Resolution fixing the tax rate. RESOLUTION NO. 83-82 Carried by unanimous roll call vote. 7/21/82 Page 10 AGENDA ACTION TAKEN PUBLIC SERVICES 12. Staff Report 7/21/82 recommending adoption of a Resolution which authorizes the Director of Public Services to enter into an agreement with Wilsey & Ham Civil Engineers to provide engineering consulting ser- vices to the Gateway Assessment District. 12a) A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL ENGIN- EERING SERVICES FOR THE GATEWAY ASSESSMENT DISTRICT ~--~ Letter received from the Citizens Forum of S.S.F. asking support for the continuance of the Dirt Bike Program. PUBLIC SERVICES Heard after Item No. 7. Mr. Jim Keegan, 1244 Crestview Drive, spoke of a public meeting in 1980 on this problem and that the Dirt Bike Program was created to solve the problem by the institution of the Sheriff's Division "Special Terrain Enforcement Division." He stated that previous to that bikers were going into the unincorporated and undeveloped areas and the Police and Sheriff's Department did not have the facility to chase the bikers. He asked that the Council contact the County Board of Supervisors and recommend to the Board that they authorize continuance of this program. Police Chief Datzman stated tha~he concurred with Mr. Keegan's comments and that if the funding of the program was withheld it would create the same problems in the Police trying to respond to this type of complaint. He said that this program represents one of the specialized areas of the community that should be recognized. Councilman Acosta stated that he was part of a committee looking for areas for young people to ride their bikes and that there had been a commitment by the Board of Supervisors to protect the citizens. M/S Acosta/Nicolopulos - to recommend to the Board of Supervisors that continued funding be given to this program and to remind the Board of their commitment. 7/21/82 Page 11 AGENDA ACTION TAKEN 229 PUBLIC SERVICES 12a) Letter- Continued. 13. Staff Report 7/21/82 recommending adoption of a Resolution to award the Municipal Services Building Parking Improvements, Project No. PB-81-5 to Interstate Grading & Paving, Inc. in the amount of $69,974.00. 14. A RESOLUTION OF AWARD OF CONTRACT MUNICIPAL SERVICES BUILDING PARK- ING IMPROVEMENTS - PROJECT NO. PB-81-5 Staff Report 7/21/82 recommending adoption of an Ordinance ordering the removal of overhead structures: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance. 15. 2nd Reading/Adoption AN ORDINANCE ORDERING REMOVAL OF OVERHEAD STRUCTURES, WIRES AND FACILITIES AND INSTALLATION OF UNDERGROUND WIRES AND FACILITIES IN THE GATEWAY UNDERGROUND UTILITY DISTRICT NO. 1 ~--~_ Staff Report 7/21/82 recommending introduction of an Ordinance repealing Chapter 15.40 of the South San Francisco Municipal Code and Ordinance No. 286: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 15.40 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 286 ENTITLED "AN ORDINANCE REGULATING GRADING WORK IN THE CITY OF SOUTH SAN FRANCISCO" PUBLIC SERVICES Carried by unanimous roll call vote. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 84-82 Carried by unanimous roll call vote. City Clerk Battaya read the title of the Ordinance in its entirety. M/S Acosta/Nicolopulos - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Nicolopulos - To adopt the Ordinance. ORDINANCE NO. 901-82 Carried by unanimous roll call vote. City Clerk Battaya read the title of the Ordinance in its entirety. Director of Public Services Yee stated that a Resolution had been passed in 1978 authorizing the Director of Public Services to issue Grading Permits and that this Ordinance would update a prior Ordinance by showing current authorization for Grading Permits. M/S Damonte/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Acosta - To introduce the Ordinance. Carried by unanimous roll call vote. 7/21/82 Page 12 AG E N DA AC T I O N T A K E N ~0 ITEMS FROM STAFF 16. Status Report on the I.~estborough sprinkler alarm system. 17. Report on the City's interest to acquire School District surplus property at Ponderosa School. 18. Presentation of E.O.C. Program by Mr. Bob Fields. 19. Status Report on the San Bruno Mountain Habitat Conservation Plan. 20. Consideration of the ban on safe and sane firework sales. ITEMS FROM STAFF City Manager Birkelo stated that since the last meeting there had been many conversations with Mr. Feingold and Department Heads concerning the City taking over the maintenance. He stated that Mr. Feingold now understood why the City was not interested in maintain- ing the system and would investigate the process of improving the system in hopes the City might then be interested. City Manager Birkelo stated that this piece of property was a small sliver of land that Staff did not feel was of interest to the City to acquire. Councilman Nicolopulos asked wha~ the size of the parcel was in square'feet. Mr. DeNarde stated that it measured 6,194 square feet. Mr. Bob Fields gave an in-depth analysis of the City Civil Defence and Disaster Preparedness Program and how it was subsidized by Federal and State and County organizations. He continued, speaking of crisis relocation centers within the City; underground shelters; earthquake preparedness; risk surveys during disasters, etc. City Manager Birkelo stated that Council had received a draft EIR and Environmental Assessment which the three affected Cities must act upon after holding both study sessions and a public hearing. He suggested 8/18/82 be set as a hearing with Mr. Reeves present to explain the documents. He stated that certification would be need in September with a Letter of Intention. Consensus of Council - To place the Item on the 8/18/82 Agenda. Continued by request of City Manager Birkelo under Agenda Review. 7/21/82 Page 13 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 21. Consideration of Senate Bill 1785 (Foran) on the dedication of parklands. Councilman Damonte: Mayor Teglia: Councilman Addi ego: CLOSED SESSION: RECALL TO ORDER: ITEMS FROM COUNCIL Mayor Teglia requested permission to send letters to legislators in opposition of the Senate Bill 1785. Consensus of Council - To send letters in opposition of the SB1785. stated that he and Councilman Addiego had attended a meeting of the Advisory Board of the Oyster Point Marina and said there had been discussion to ban all types of fire works by amateurs in the Marina Project due to potential hazards from gasoline and boats. Had a discussion with Mr. Rod McClenough regarding funding for the pier and he~d to have professionals put on the 4th of July fireworks on the pier over the water. She stated that credit had been given to Assemblyman Pappan in acquiring funding for the fishing bridge. Stated that the Harbor District wants to work with the City Attorney and the City pass an Ordinance baning private use of fire works in the marina. Council adjourned to a Closed Session at ll:lO p.m. to discuss litigation and a personnel matter. The meeting was recalled to order at 12:lO a.m., all Council present, no action taken. M/S Nicolopulos/Acosta - That the meeting be adjourned to Wednesday, 7/28/82, at 4:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco. Carried by unanimous voice vote. 7/21/82 Page 14 AGENDA ACTION TAKEN ADJOURNMENT: RESPECTFULLY SUBMITTED, 'Barbara A. Battaya, City C2~6rk City of South San Francisco Time of adjournment 12:11 a.m. APPROVED: The entries of this Council meeting show the action taken by the City Council to dispose of an 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 are available for inspection, review and copying. 7/21/82 Page 15