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HomeMy WebLinkAboutMinutes 1983-08-03Mayor ~ark N. Add,ego Vice Mayor Emanuele N. Damonte Council: Ronald ~. Acosta Gus Nicolopul os Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room August 3, 1983 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION PRESENTATION Presentation by the Downtown Merchants to the City. Introduction of new Fire personnel. Presentation of a Resolution for heroism to Lester Anderson. ACTION TAKEN 7:40 p.m. Mayor Addiego presiding. Council present: Nicolopulos, Teglia, Damonte, Acosta and Addiego. Council absent: None. The presentation of colors was made by Boy Scout Troop No. 276 and the pledge of allegiance was recited. The invocation was given by Pastor Gilmore of Our Redeemer Lutheran Church. Mr. Frank Hynes, Crocker Bank, stated that on behalf of the Downtown Merchants that he and Mr. Jeffry Roberts, Bay View Federal Savings, gave a personal invita- tion to the City Council to attend the second annual Wine Festival on 8/20 - 21, 1983 between the hours of 10:00 a.m. to 6:00 p.m. He presented wine sampling glasses to the Council and Staff in honor of the Diamond Jubilee and the Wine Festival and made mention of the various wines and food to be sampled at the Festival. Fire Battalian Chief Pat O'Brien intro- duced new Fire Fighters Paul Thomas, Jim Selvitella and Ron Cerf to the City Council. Mayor Addiego read the Resolution in tribute to Lester Anderson and presented it to Mr. Anderson with his family in attendance. Mr. Anderson expressed appreciation for the honor bestowed upon him. 8/3/83 Page 1 AGENDA~ ACTION TAKEN AGENDA REVIEW Councilwoman Teglia requested: - Add Item 12a. Adoption of a Reso- lution for the 75th Anniversary Ball. City Manager Birkelo requested: - Add Item 12b. To set 9/7/83 as a Public Hearing for the adoption of Oyster Point Grade Separation Funding Project. - Chamber of Commerce request to use City photos to reproduce and include in the 75th Ball Program. ORAL COMMUNICATIONS CONSENT CALENDAR Minutes of the Adjourned Regular Meeting of 5/11/83, Regular Meeting of 5/18/83, Regular Meeting of 6/1/83, Adj. Reg. Meeting of 6/15/83, Regular Meeting of 6/15/83, Adj. Reg. Meeting of 6/22/83, Adj. Reg. Meeting of 6/23/83 and Regular Meeting of 7/20/83. 0 Staff Report 8/3/83 recommending by Motion to set 9/7/83 as a Public Hearing date for the Oyster Point Marina Specific Plan and a zoning change on the Oyster Point Marina, Zoning District Amendment ZA-83-24 and Negative Declaration 415. o Staff Report 8/3/83 recommending by Motion to set 9/7/83 as a Public Hearing date for con- sideration of the appeal of UP-83-652/Leech against the Planning Commission decision of 6/14/83 for a proposed 6,000 square foot two-story automobile service and office building at 435 AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Mr. Lawrence Pera, 758 Baden Ave., pre- sented papers to the Mayor and spoke of a lawsuit for Police harassment. Councilman Acosta spoke of the booth at the Wine Festival for the South San Francisco Citizens Crime Prevention. CONSENT CALENDAR Approved. Public Hearing date set for 9/7/83. 611(e Public Hearing date set for 9/7/83. 8/3/83 Page 2 AGENDA CONSENT CALENDAR 3. Staff Report - Continued. So. Airport Blvd. in the M-2 Industrial Zone. e Staff Report 8/3/83 recommending by Motion to deny and refer the following claim to the City's Insurance Adjuster and to the Office of the City Attorney as a rejection within the 45 days allowed by Government Code: Claim as filed by United Parcel Service alleging costs incurred for damage to a company-owned tractor due to a hazardous condition of a deep hole in the road filled wi th water. Staff Report 8/3/83 recommending adoption of a Resolution which authorizes execution of an agreement with Pacific Gas & Electric Company for the removal of overhead electric facilities on Industrial Way and the installation underground electric facilities in Gateway Boulevard. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PG&E FOR UNDERGROUNDING ELECTRIC FACILITIES (GATEWAY ASSESSMENT DISTRICT NO. ST-82-2) e Staff Report 8/3/83 recommending adoption of a Resolution which authorizes execution of an Easement Agreement with the Southern Pacific Land Company for the installation of twin 42" and twin 72" storm drain pipes beneath the Southern Pacific Transportation company's tracks. A RESOLUTION APPROVING EXECUTION OF AN EASEMENT AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY (GATEWAY ASSESSMENT DISTRICT NO. ST-82-2) ACTION TAKEN CONSENT CALENDAR So ordered. RESOLUTION NO. 100-83 RESOLUTION NO. 101-83 8/3/83 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR ® Staff Report 8/3/83 recommending adoption of a Resolution approving execution of a development agreement with the Hynding Development & Construction Company for the construction of Myrtle Avenue. A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF MYRTLE AVENUE AND THE ACCEPTANCE OF CERTAIN EASEMENTS RELATED THERETO Be Staff Report 8/3/83 recommending by Motion to authorize the Purchasing Officer to advertise and call bids for heating, ventilation and air conditioning services. ge Staff Report 8/3/83 recommending by Motion to authorize the Purchasing Officer to advertise and, call for bids for window washing services. 10. Staff Report 8/3/83 recommending by Motion to set 9/7/83 as a Hearing date to hear the appeal of the Planning Commission decision on 7/14/83 for PM-83-211/DeNardi on the Tentative Parcel Map - Special Condition No. 5. 11. Adoption of a Resolution commending Paul A. Tognetti in his retirement after twenty-five years with the City in the Police and Fire Departments. A RESOLUTION COMMENDING PAUL A. TOGNETTI 12. Adoption of a Resolution commending Robert Peterson in his retirement after thirty-one years with the Fire Department and the Water Quality Control Plant. A RESOLUTION COMMENDING ROBERT PETERSON CONSENT CALENDAR RESOLUTION NO. 102-83 Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discus~s~n by Councilman Nicolopulos. Public Hearing date set for 9/7/83. RESOLUTION NO. 103-83 RESOLUTION NO. 104-83 8/3/83 Page 4 AGENDA CONSENT CALENDAR 12a~ Adoption of a Resolution for the 75th Anniversary Ball. A RESOLUTION INVITING PARTICI- PATION AT THE ANNIVERSARY BALL CELEBRATING THE 75TH ANNIVER- SARY OF THE INCORPORATION OF THE CITY OF SOUTH SAN FRANCISCO 12b. To set 9/7/83 as a Public Hearing for the adoption of Oyster Point Grade Separation Funding Project. 12c. Chamber of Commerce request to use City photos to reproduce and include in the 75th Ball Program. PRESENTATION: ROBERT PETERSON ® Staff Report 8/3/83 recommending by Motion to authorize the Purchasing Officer to advertise and call bids for heating, ventilation and air conditioning services. Staff Report 8/3/83 recommending by Motion to authorize the Purchasing Officer to advertise and call for bids for window washing ACTION TAKEN CONSENT CALENDAR RESOLUTION NO. 105-83 Public Hearing date set for 9/7/83. So ordered. M/S Teglia/Acosta - Consent Calendar be approved with the exception of Items No. 8 and 9. Carried by unanimous voice vote. Mayor Addiego read the Resolution of retirement and presented it to Mr. Robert Peterson. Mr. Peterson expressed appreciation for the Resolution of retirement. Councilman Nicolopulos stated that he had the same concern on Item No. 8 and 9 in that the Staff Report did not contain specifics on what locations the services were being provided. Director of Finance Lipton stated that he would give Councilman Nicolopulos a report in the morning. M/S Nicolopulos/Teglia - To approve Item No. 8 and 9. Carried by unanimous voice vote. 8/3/83 Page 5 AGENDA ACTION TAKEN ,92 APPROVAL OF BILLS 13. Approval of the Regular Bills of 8/3/83. CITY CLERK 14. Staff Report 8/3/83 recommending adoption of: a) A Resolution declaring the date of the Municipal Election for 1983; and b) a Resolution requesting the County Clerk to render specified election services through a services contract. a) A RESOLUTION DECLARING THE DATE OF THE MUNICIPAL ELECTION FOR 1983, ORDERING THE PUBLICATION OF A NOTICE OF ELECTION AS REQUIRED BY THE ELECTIONS CODE AND ESTABLISHING THE HOURS DURING WHICH THE POLLS SHALL BE OPEN b) A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES APPROVAL OF BILLS M/S Teglia/Nicolopulos - To approve the Regular Bills in the amount of $798,522.45. Carried by unanimous voice vote, Mayor Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY CLERK City Clerk Battaya stated that if the Council chose to put a measure on the 11/8/83 ballot, Resolution A would have to be modified to include the exact wording of the measure or measures pur- suant to Election Code 22835 for publication. Councilman Acosta stated that an advisory measure should be put on the ballot for the voters to vote on a Council salary increase. City Attorney Rogers suggested it be put on the ballot as an actual measure rather than as an advisory measure. M/S Acosta/Nicolopulos - To adopt the Resolution which shall be modified to include a measure. RESOLUTION NO. 106-83 Carried by unanimous voice vote. M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 107-83 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT 15. Public Hearing - UP-643/Wagner- Levi'ne, Inc. COMMUNITY DEVELOPMENT 8/3/86 Page 6 AGENDA COMMUNITY DEVELOPMENT 15. Public Hearing - Continued. Staff Report 8/3/83 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal or approve the appeal sub- ject to conditions. ACTION TAKEN COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela stated that on 4/6/83 the Council had considered an appeal from the denial of UP-83-643 by the Planning Commission and had referred the use per- mit back to the Commission for recon- sideration and a report on the recommended conditions of approval. He continued, on 6/23/83 the Commission reaffirmed their denial recommendation but recommended conditions of approval be imposed in the event the Council decided to approve the application. Mayor Addiego opened the Public Hearing and invited those wishing to speak in favor of the appeal to step to the dais. Mr. Wagner, Wagner-Levine, Inc., spoke in favor of the appeal and stated that his firm had cleaned up the property that U.S. Steel had been using; that his firm had a lease from U.S. Steel; that U.S. Steel was going to remove buildings and make the property saleable as a commer- cial property; the fact that site impro- vements were being made as conditions for the approval of the use permit when the lease period was for a limited period and that after which time a developer would come in, purchase the property and deve- lope the site. Mayor Addiego invited those wishing to speak against the appeal to step to the dais - no one chose to speak. He then closed the Public Hearing. Discussion followed on the recommen- dations given to the Planning Commission when the matter had been referred to that body; that Mr. Wagner had stated that his firm would meet all of the conditions imposed; the conditions imposed in the Staff Report; that some of the conditions such as trees, lighting were long range conditions and that Wagner-Levine had a 8/3/83 Page 7 AGENDA COMMUNITY DEVELOPMENT 15~ Public Hearing - Continued. RECESS: RECALL TO ORDER: 16. Public Hearing - Proposed Extension of the Interim Ordinance. Staff Report 8/3/83 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing and hear testimony; Motion to waive further reading of the Ordinance; 4) Motion to adopt the Ordinance as an Urgency Ordinance to take effect immed- iately. 1st Reading/Adoption AN ORDINANCE E~IENDING ORDINANCE NO. 293 ENTITLED "AN INTERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS" ACTION TAKEN COMMUNITY DEVELOPMENT short range term to be making site impro- vements when later a developer would move in and develop the site changing the trees, lighting, etc. Councilwoman Teglia suggested that Mr. Wagner formally request a continuance so that Council could come up with new language to address the concerns over the conditions voiced tonight. Mr. Wagner requested that the item be continued to the 8/17/83 meeting. M/S Teglia/Damonte - That the item be continued to the 8/17/83 meeting. Carried by unanimous voice vote. M~or Addiego declared a recess at 9:00 p.m. Mayor Addiego recalled the meeting to order at 9:20 p.m., all Council present. City Planner Gorney stated that Ordinance No. 923-83 would expire on 8/6/83 and that the attached proposed Ordinance would extend the life of this Ordinance an additional period of ten months and fifteen days, terminating on 6/23/84. He continued, this time extension was per- mitted by State Government Code Section 65858. City Clerk Battaya read the title of the Ordinance in its entirety. Mayor Addiego opened the Public Hearing and invited those wishing to speak in favor of the Ordinance to step to the dais - no one chose to speak. He then invited those wishing to speak against the Ordinance to step to the dais - no one chose to speak. He then closed the Public Hearing. M/S Teglia/Acosta - To waive further reading of the Ordinance. 8/3/83 Page 8 AGENDA COMMUNITY DEVELOPMENT 16. Public Hearing - Proposed Extension of the Interim Ordinance - Continued. 17. Staff Report 8/3/83 recommending by Motion to authorize a one year extension for Tentative Subdivision Map SA-80-68(UP-79-503) to 8/19/84 for the Mission Bell Complex - Gordon AJ Kullberg. 18. Staff Report 8/3/83 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance on Residential Second Units. 2nd Reading/Adoption AN ORDINANCE ADDING CHAPTER 20.18 ENTITLED "RESIDENTIAL SECOND UNITS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ~~~~ ACTION TAKEN COMMUNITY DEVELOPMENT Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Urgency Ordinance ORDINANCE NO. 925-83 Carried by unanimous voice vote. City Planner Gorny stated that the appli- cant was requesting a one-year extension in order to file the final map and cited uncertainties in the market as the reason for the del ay. He stated that the request would extend the map to 8/19/84 and would be the last extension permitted. He continued, that as long as the Tentative Subdivision Map was active the Use Permit for the project was considered val i d. Discussion followed on the underlying zoning - C-O Commercial Office; pitfalls in the General Plan; and that the General Plan should resolve this problem. M/S Acosta/Damonte - To authorize a one year extension for Tentative Subdivision Map SA-80-68 to 8/19/84 for Mission Bell Complex. Carried by majority roll call vote, Teglia and Addiego voted no. City Clerk Battaya read the title of the Ordinance in its entirety. City Planner Gorny stated that the Council had introduced the Ordinance which allows second units on a City-wide basis on 6/15/83. He stated that second units would be subject to Conditional Use Permit approval and that second units would not be allowed unless there is compliance with all provisions of Section 20.18.030 of the Ordinance. 8J3J83 Page 9 AGENDA COMMUNITY DEVELOPMENT 18; Staff Report 8/3/83 - Continued. ACTION TAKEN COMMUNITY DEVELOPMENT Discussion followed on each of the sec- tions of the Ordinance; use of a common door for the second unit and the primary residence; off-street parking require- ments of one additional for a second unit; allowing tandem parking in the driveway; parking in the lanes if the second units were allowed only in Old Town; placing a condition to allow one tandem parking space for second units; a granny unit vs. a second unit; the fact that the Ordinance does not prevent a home owner from renting out a portion of his home; illegal existing second units would have to go through the use permit process; one utility meter rather than two; that intent should be clear in the Ordinance; that many of the homes in Old Town did not have access to the lanes; making Section 11b. of the Ordinance a variance where the intent is clear and the Planning Commission rules on the variance; the penalty in violating the Ordinance was an infraction; the State Law being more lenient than the proposed Ordinance; M/S Damonte/Acosta - To waive further reading of the Ordinance. Councilman Acosta questioned if the Ordinance could be amended after waiving the reading of the Ordinance. City Attorney Rogers stated that if the reading was waived and it was amended it would become a first reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Acosta - To adopt the Ordinance. Councilman Acosta read excerpts from the Ordinance and stated that the purpose and intent of the Ordinance was for second units for members of the family - not rental units. 8/3/83 Page 10 AGENDA COMMUNITY DEVELOPMENT 18. Staff Report 8/3/83 - Continued. FINANCE 19. Staff Report 8/3/83 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance. 2nd Reading/Adoption AN ORDINANCE ADDING TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 6.90 ENTITLED "STREET A VENDORS PROHIBITED ON PUBLIC ~ PARKS & RECREATION 20. Report on soccer activities at Orange Park. ACTION TAKEN COMMUNITY DEVELOPMENT Discussion followed that the unit must be owner occupied; access must be through a common door; write into the Ordinance that an individual may apply for a variance for one tandem parking space with the Planning Commission; that a second unit would be 450 square feet; that Staff is to come back to Council on 8/17/83 with new language for the first reading of the Ordinance. Motion and Second withdrawn. M/S Acosta/Nicolopulos - To continue the item to 8/17/83 with new language inserted on tandem parking for a first reading. Carried by majority roll call vote, Addiego voted no. FINANCE City Clerk Battaya read the title of the Ordinance in its intirety. M/S Teglia/Nicolopulos - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Ordinance. ORDINANCE NO. 926-83 Carried by unanimous voice vote. PARKS & RECREATION Director of Parks & Recreation Norton gave a very detailed report on the rules for all youth and adult games; effect on Staff time on a trial basis as subsidized by soccer teams. Discussion followed: that the staff per- son dealing with the soccer teams should be spanish speaking; rules on drinking in the parks; etc. 8J3J83 Page 11 AGENDA PARKS'-& RECREATION 20~ Report on soccer activities at ITEMS FROM STAFF 21. Public Facilities Corporation financial analysis ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 22. Request for a Closed Session for the purpose of the discussion of personnel matters, labor relations and litigation. RECALL TO ORDER: ACTION TAKEN PARKS & RECREATION Ms. Joan Hamilton questioned what the length of the trial soccer period would entail; that it was a high use sport on a field that could not accommodate the use; that in the past only five residents had played on the adult soccer team; that the field was being used for practice and that it was too frail for the use; that adult soccer games were a mistake to be played at West Orange Park. Discussion followed that the Staff recommendation was that 40% of the soccer players must be City residents; that the Director of Parks & Recreation should make periodic reports and if there are violations the teams would lose the pri- vilege of using the Park. ITEMS FROM STAFF Director of Finance Lipton gave a report on the various funds of the Public Facilities Corporation and stated that tax levy proceeds would be used only for the purpose of making lease payments and that the tax rate would decrease as assessed valuation increased. ITEMS FROM COUNCIL No items were reported. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:58 p.m. for the discussion of person- nel matters, labor relations and litigation The meeting was recalled to order at 11:31 p.m., all Council present, no action taken. 8~3/83 Page 12 AGENDA ACTION TAKEN 23; Request that the meeting be adjourned to Monday, 8/8/83, at 4:00 p.m., for a Closed Session to discuss labor relations in the City Council Conference Room, City Hall; and that that meeting be adjourned to Wednesday, 8/10/83, at 2:00 p.m, for a City budget hearing in the City Council Conference Room, City Hal 1. M/S Tegl ia/Damonte - To adjourn the meeting to 8/8/83 and then to 8/10/83. Carried by unanimous voice vote. ADJOURNMENT: The meeting was adjourned at 11:32 p.m. RESPECTFULLY SUBMITTED, APPROVED: 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 communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and available for inspection, review and copying. 8/3/83 Page 13