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