HomeMy WebLinkAboutMinutes 1984-01-11Mayor Mark N. Addiego
Vice Mayor Richard A. Haffey
Counci 1:
Emanuele N. Damonte
Gus Nicolopulos
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
January 11, 1984
. 50
AGENDA
ACTION TAKEN
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
AGENDA REVIEW
City Manager Birkelo requested:
- Continue Item No. 12 to 1/25/84
by request of Modena & Royce,
Attorneys at Law, on behalf of
their client.
- Request a Closed Session for
litigation at the end of the
meeting before hearing Item No. 20.
- Add Item No. lOa., a request for
a sewer connection hookup for
Mr. Amer.
ORAL COMMUNICATIONS
7:35 p.m. Mayor Addiego presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Damonte, Teglia and.
Addiego.
None.
The presentation of colors was made by
Monte Verde Troop No. 183 and the pledge
was recited.
AGENDA REVIEW
So ordered.
Mayor Addiego stated that he would
substitute a report on the Housing
Authority meeting rather than a report on
the Oyster Point Policy Board. He stated
that if any councilperson felt uncomfort-
able in having new material placed before
them at the meeting to please so state
and the item could be heard at another
time. He stated that there were many
speaker cards for Item No. 17 and stated
that the item would be heard after
Approval of the Regular Bills.
ORAL COMMUNICATIONS
Mr. Lawrence Pera, 758 Baden Ave.,
questioned who was running the City; why
the Mayor had not returned any of the ten
1/11/84
Page i
AGENDA ACTION TAKEN
ORAL COMMUNICATION
CONSENT CALENDAR
Minutes of the Adjourned Regular
Meeting of 12/14/83 and the Special
Meeting of 12/20/83.
®
Staff Report 1/11/84 recommending
by Motion to deny and refer the
following claims to the City's
Insurance Adjuster and the Office
of the City Attorney:
a)
Claim as filed by Gerald F.
Sullivan, Esq., on behalf of
Marjorie Ferguson, alleging
loss of consortium with her
husband, due to injuries
sustained as the result of a
moped/automobi 1 e col 1 i si on
caused by defective design,
control and maintenance of the
intersection of Alida Way and
Alta Vista including a defect-
ive intersection control, angle
and sight distance.
ORAL COMMUNICATION
calls he had made to his office; spoke of
police harassment and false arrest; that
his years of work in the various trades
made him a good candidate for the
Planning Commission; spoke of the poor
conditions of the City's roads which he
felt the Council was doing nothing about;
stated that if the Council did not do
their job he had a recall petition to
circulate to take them out of office.
Mayor Addiego stated that he had received
messages on three occasions and did not
return the calls because he knew that
Mr. Pera always appeared at the regular
Council meetings. He stated that there
were a number of government class stu-
dents in the audience and noted that the
one thing the students learned was that
there was a distinct difference between
the legislative body and the judicial
body. He felt that Mr. Pera should keep
that difference in mi nd when he made
accusations against the Council.
CONSENT CALENDAR
Approved.
So ordered.
1/11/84
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
2. Staff Report - Continued.
b)
Claim as filed.by Gerald F.
Sullivan, Esq., on behalf of
James Milton Ferguson alleging
permanent injury to extremities
and other injuries sustained as
the result of a moped/automo-
bi 1 e col 1 i si on caused by
defective design, control and
maintenance of the intersection
of Alida Way and Alta Vista
including a defective inter-
section control, angle and
sight di stance.
c)
Claim as filed by John F.
MacGregor, Esq., on behalf of
Jose Gonzales, Arthur Gonzales
and Ricardo Gonzales alleging
that the City had allowed the
crosswalk, streets, intersect-
ion and bus stop at Airport
Boulevard and Pine Avenue to
become and remain in a
dangerous condition contrib-
uting to the death of Irma
Gonzal es.
e
Staff Report 1/11/84 recommending
that 2/08/84 be set as a Public
Hearing to hear the appeal by
Robert C. Stevens, Westborough
Homeowners Improvement Assoc., of
the Planning Commission's decision
to approve UP-83-673/Scientology
Church for a Roundtable Pizza
Restaurant at Gellert Square
Shopping Center.
APPROVAL OF BILLS
Approval of the Regular Bills of
1/11/84.
CONSENT CALENDAR
So ordered.
So ordered.
2/8/84 set as a Public Hearing.
M/S Haffey/Damonte - To approve the
Consent Calendar.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Damonte/Haffey - To approve the regu-
lar bills of 12/21/83 ($1,128,648.81) and
the 1/11/84 regular bills ($819,258.72)
for a grand total of $1,947,907.53.
1/11/84
Page 3
AGENDA ACTION ~AZ~" 153
APPROVAL OF BILLS
4. Approval of the Regular Bills -
Continued.
Minutes of the Adjourned Regular
Meeting of 12/14/83 and the Special
Meeting of 12/20/83.
APPROVAL OF BILLS
Carried by unanimous voice vote. Mayor
Addiego did not participate or vote in
the matter of the claim of Brentwood
Market.
Mayor Addiego stated that Councilwoman
Teglia had indicated that the Council had
neglected to amend the 12/14/83 minutes
as requested by the City Attorney.
City Attorney Rogers stated that he
wanted the first item of business amended
so that the minutes reflected what his
understanding had been of the conver-
sation. He thought he had gone over the
point with the Council that they should
review the record before the Planning
Commission and set -- base its decision
tonight on that record, thereby avoiding
holding another hearing tonight. He
stated that he thought there was an
understanding that that was what the
Council was doing when it approved the
item at the last meeting which was to set
the thing tonight for consideration based
on that record rather than an evidentiary
hearing. He stated, that in case the
City ended up in court he would like the
minutes to reflect that the Council did
not in fact set it as an evidentiary
hearing tonight but as a night to con-
sider that item.
Councilwoman Teglia stated that that was
her recollection. She did not think the
body was going to take sworn testimony
which had been done and was being
reviewed.
City Clerk Battaya questioned whether the
Council wanted the City Attorney's ver-
batim remarks incorporated into the
12/14/83 minutes.
City Attorney Rogers stated that it did
not matter whether it was amended by ver-
batim testimony or done through a summary
of his remarks.
1/11/84
Page 4
AGENDA ACTION TAKEN
Minutes of the Adjourned Regular
Meeting of 12/14/83 and the Special
Meeting of 12/20/83.
PUBLIC SERVICES
17.
Staff Report 1/11/84 recommending
adoption of a Resolution restrict-
parking on E1 Camino Real
~ween 200' north of 1st Street~
and 100' north of Chestnut Ave. ~)O~
A RESOLUTION ESTABLISHING A NO
PARKING ZONE ON THE EAST SIDE OF
EL CAMINO REAL BETWEEN A POINT 200'
NORTH OF 1ST STREET AND 100'
NORTH OF CHESTNUT AVENUE
18.
Staff Report 1/11/84 recommending
adoption of a Resolution to author-
ize the execution of the
Development Agreement in relation
to Burger King Corp.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGREEMENT WITH BURGER KING
CORPORATION ENTITLED "AGREEMENT-
IMPROVEMENT TO EL CAMINO REAL AT
CHESTNUT
M/S Damonte/Teglia - To amend the
approved minutes of 12/14/83 by incor-
poration of a summary of the City
Attorney's remarks.
Carried by unanimous voice vote.
PUBLIC SERVICES
City Clerk Battaya stated that the Staff
Report consolidated Items 17 and 18.
City Manager Birkelo stated that the
items were related but would be taken in
two parts. He stated that the parking
issue was the item that was in question
tonight.
Mr. Yee stated that a gentlemen from
Caltrans would be present shortly to
answer questions in that E1Camino Real
was part of the Caltrans design. He
stated that he had had conversations w~th
many citizens who were concerned about
the design and that the Caltrans speaker
could best answer the concerns. He
spoke of the on-going problem of traffic
congestion on E1Camino Real during the
afternoon peak hours with traffic turning
left onto Westborough Boulevard. He
stated that the Council had directed
Staff to find solutions to the traffic
problems through Caltrans. He stated
that Caltrans had indicated that a double
left hand lane on E1Camino Real onto
Westborough would be a solution and that
at that time the cost was approximately
$65,000, which neither the City nor
Caltrans could afford. He stated that
Burger King had applied for a permit to
establish their business on the east side
of E1 Camtno Real between 1st Street and
Chestnut Avenue and that part of the per-
mit requirement imposed by the Planning
Commission had been that the improvement
on E1Camino Real would be made to have
two double left turn lanes. He stated
that in order to accommodate two left
turn lanes the parking on the east side
of E1Camino Real had to be eliminated.
He stated that a portion of the no-
parking zone was 200' from north 1st
1/11/84
Page 5
AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Staff Report - Continued.
18. Staff Report - Continued.
PUBLIC SERVICES
Street and 100' beyond Chestnut Avenue.
He stated that most of the citizens' con-
cerns were related to the no-parking
zone. He stated that representatives
were present from Burger King and that
Mr. Harvey Dea was present from Caltrans
to answers questions.
Mayor Addiego questioned if there was a
spokesman for the concerned citizens
group that wished to speak or did the
group wish to speak individually.
Mr. Charles Petrocchi, 396 Ashford Ave.~
San Carlos, stated that he and his
brother owned all of the property
involved in the no-parking zone for over
thirty years. He stated that Burger King
was coming into the area and the City was
going to eliminate off-street parking
which would make him lose ten parking
spaces for his tenants. He spoke of the
State having earlier widened the highway
which had left a shoulder parking area
for which the property owners had paid
for the improvements in addition to
losing some of their property.
He explained that he had received notice
of tonight's meeting on Friday which he
felt did not give him adequate time to
prepare his arguments against the no-
parking zone. He expressed concern that
none of his tenants had received notice
of the meeting. He stated that he was
agreeable to left turn lanes and was not
against Burger King coming into the area.
He reiterated his concerns in losing ten
parking spaces and the fact that people
traveling north would not be able to get
into the car wash or the service station
because it would be a fast lane. He
suggested: leaving the lanes as they
were and making a second left turn lane
which would also be a through traffic
lane; change the signals so that both a
left turn on Westborough and northbound
traffic could travel at the same time; in
having the travel lane close to the
sidewalk would be dangerous to
1/11/84
Page 6
PUBLIC SERVICES
17. Staff Report - Continued.
18. Staff Report - Continued.
PUBLIC SERVICES
pedestrians and would create a problem
for the cars coming from the car wash and
service station. He stated that if the
lane is right on the curb then when the
stop signal that stops northbound traffic
occurred it would make all of the dri-
veways completely blocked and would not
provide access to the businesses. He
stated that people making right turns off
the shoulder traveling east on Chestnut,
which is very heavily used, would be eli-
minated and cars would go through the
service station and car wash to Chestnut.
He expressed concern that in eliminating
the parking, which he had paid taxes on
for thirty five years, it would not pro-
perly provide for emergency parking do to
a car's breakdown. He questioned why
Caltrans and the engineers had not looked
at some of the alternatives he had
suggested which he felt could work.
Mr. Basil Cavalieri, Owner South City Car
Wash, stated that he agreed with Mr.
Petrocchi that having a double left
lane for Westborough was needed and he
had years earlier talked to City
Officials suggesting the same thing. He
suggested having three lanes going north,
with the second lane going north or west
on Westborough, which he felt would eli-
minate a lot of traffic. He stated that
the traffic was mostly coming north to
Westborough and Chestnut and would make
either a right or a left hand turn, with
few people going north of Chestnut.
He suggested carving a piece of the
island on E1Camino Real north Chestnut
and Westborough and building up a stack
lane in that location for two double left
lanes with the second lane going north at
the same time. He stated that this could
be done by changing the direction of the
signal and leaving the curb lane open.
Mr. Omar Grimes, 998 E1 Camino Real~
stated that he operated the service sta-
tion at E1Camino Real and Chestnut and
agreed with having two left turn lanes
1/11/84
Page 7
AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Staff Report - Continued.
18. Staff Report - Continued.
PUBLIC SERVICES
going north which would alleviate the
stacked lanes during peak hours. He
stated that if no-parking was imposed
then the cars would cut through the
carwash and the service station to make
right turns on Chestnut Avenue which
would lessen the safety of his employees.
He stated that he had not been notified
of tonight's meeting and felt he should
have been because he was directly con-
cerned. He felt that Caltrans should be
responsive to the people and the neigh-
borhood rather than the reverse
happening.
Mayor Addiego questioned the notification
process on a change in parking zones.
Director of Public Services Yee stated
that great pains had been taken to notify
people and that each parcel owner in that
area had been notified by using the
assessor's roles.
Mr. Dante Cecchini, 2602 Delores Street,
San MateD, stated that he was a real
estate broker and one of Mr. Petrocchi's
tenants and had a real estate office. He
stated that he was in favor of Burger
King coming into the area but was against
the no-parking zone which hindered
parking for his customers and employees
and those vehicles with car problems. He
also felt it would create a safety
problem for pedestrians along the
sidewalks of the proposed resolution. He
stated that only 20% of the traffic pro-
ceeds north on E1Camino Real and that
80% of the traffic proceeds left onto
Westborough or right onto Chestnut
Avenue. He stated that he did not
understand the directive of not being
able to park on E1 Camino Real north of
Chestnut. tie strongly requested that the
Council adopt reasonable alternatives as
provided by Mr. Petrocchi. He stated
that he had also not been notified of
tonight's meeting.
1/11/84
Page 8
AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Staff Report - Continued.
18. Staff Report - Continued.
PUBLIC SERVICES
Mayor Addiego stated that notice is
mailed to the property owners and that
the burden of notifying tenants fell upon
the property owners.
Mr. Raymond Ceballos, 445 Lakeshore
Drive, Daly City, stated that he was the
Chief Officer and Manager of Local Lodge
1327 - the property directly adjacent to
the proposed zoning. He stated that he
was in favor of the proposed rezoning and
cited the reasons: the traffic
congestion at peak hours every day; the
limited flow of traffic trying to get
through. He suggested that the City make
some compromises with the property owners
to alleviate their concerns over safety.
He stated that one of the employees in
his office had almost lost her life in
trying to get across the left lane
because the stacking lane is not as fast
which only allows a pedestrian a few
moments to run across the street. He
felt that Burger King would be an asset
to the area and through improvements
would remove the present blight in the
neighborhood.
Mr. John Zamora, 634 Larch Avenue, spoke
in favor of the proposal and stated that
he was a resident of South San Francisco
and worked in the area. He stated that
he had to cross the street several times
a day from the right to the left hand
turn lanes and stated this was extremely
dangerous. He stated that in having two
stacking lanes it would alleviate the
pedestrian problem of safety.
Mr. Henry Rogers, 932 E1 Camino Real,
spoke in favor of the proposal because he
had seen many accidents and felt that
this resolution was the first opportunity
for the City to clean up the bad
situation at that intersection.
Mr. Hussle, Burger King Corporation,
stated that he appreciated hearing argu-
ments on both sides of the issue but
felt it was most important to alleviate the
1/11/84
Page 9
AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Staff Report - Continued.
18. Staff Report - Continued.
PUBLIC SERVICES
parking problem by creating more stacking
lanes. He stated that his firm had
worked with engineers, the City and
Caltrans, through directives by Council
and the Planning Commission, to effect a
proposal to make the intersection work.
He stated that the improvements would be
paid for by his company and would not
cost the City or the taxpayer a dime. He
urged the Council to adopt the Resolution
so that Burger King can begin their pro-
ject. He stated that the firms engineers
were available to answer any questions.
Mr. Harvey Dea, Caltrans, explained that
the need for the no-parking zone had been
to allow the capacity for another lane of
traffic. He stated that the reason
Caltrans had not gone for the optional
turn lane had been that because in order
to do that Caltrans had to stop the
southbound traffic to allow the optional
lane to work. He stated that if Caltrans
did that it would lengthen the time that
the southbound cars would have to wait
and that after their turn then the cross
street traffic would be delayed. He
stated that the proposed plan would give
the left turning lane the exclusive move-
ment at the same time the southbound lane
was turning left and shortens the cycle
for the whole intersection. He stated
that by allowing southbound and the
northbound traffic to go at the same time
would shorten the cycle.
Discussion followed holding traffic by
left turn movements; how the signals are
regulated by left turn movements; whether
tonight's speakers had appeared at the
Planning Commission Meeting to give
input; consideration of the mitigation of
traffic for the Burger King operation by
the Planning Commission to rectify a
problem of long duration; streets in the
City that utilized two left lanes, i.e.
west on Spruce Avenue and one on Sheath
Lane; which would be less expensive for
Burger King; the fact that there was
more traffic on E1Camino Real at
1/11/84
Page 10
AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Staff Report - Continued.
18. Staff Report - Continued.
RECESS:
RECALL TO ORDER:
PUBLIC SERVICES
Westborough than Spruce Avenue or Sneath
Lane; using the alternative suggested by
Mr. Petrocchi had been studied by
Caltrans and had been found to make a
very long delay for through traffic on E1
Camino Real which would stack traffic
back to Orange, Arroyo and Kaiser; that
the Council realized the safety issue
involved; that a traffic survey had been
taken by a traffic engineer employed by
Burger King; that the proposal gave miti-
gation to the long standing traffic
problem at that intersection the
suggestion by Mr. Ceballos to shorten the
no-parking zone; that the 100' included a
25' driveway and three parking spaces for
the nursery plus parking beyond the 100'
no-parking zone; projected traffic
generated by Burger King; criteria used
by Caltrans in requiring an additional
lane; suggestion to make the curb lane
open to parking during specific hours;
how implementation of the suggestion
would make tow-away service difficult.
M/S Teglia/Haffey - To adopt the
Resolution on no-parking.
RESOLUTION NO. 1-84
Carried by unanimous voice vote.
M/S Teglia/Haffey - To adopt the
Resolution on the Burger King Agreement.
RESOLUTION NO. 2-84
Carried by unanimous voice vote.
M~or Addiego declared a recess at 9:05
p.m.
Mayor Addiego recalled the meeting to
order at 9:27 p.m., all Council present.
Mayor Addiego stated that Item 11 and
then Item No. 10 would be heard next.
1/11/84
Page 11
AGENDA
COMMUNITY DEVELOPMENT
11.
Staff Report 1/11/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Urgency Ordinance Mora-
torium on the preservation of old
buildings against demolition.
l~t Reading/Adoption
AN INIERIM ORDINANCE PROHIBITING
ALTERATION OR DESTRUCTION OF LAND-
MARKS WHICH MAY CONFLICT WITH
ZONING PROPOSALS RELATED TO GENERAL
PLAN AMENDMENTS
ACTION TAKEN
161
Vice Mayor Haffety stated that a student
had approached him during recess and
requested that Item No. 24 be moved for-
ward on the Agenda.
Consensus of Council - To have Items 11,
10 and 24 heard next in sequence on the
Agenda.
COMMUNITY DEVELOPMENT
City Clerk Battaya read the title of the
Ordinance in its entirety.
Director of Community Development
Del 1 ' Angel a stated that this Ordinance
would preclude the Building Division from
issuing building permits for the demoli-
tion or alterations of landmarks in the
City until a thorough review of each per-
mit proposal was made by the City Council
and himself. He stated that the
Ordinance also provided for the City's
Historical Society would be notified
before any demolition or alteration was
allowed to take place. He stated that
this Ordinance would not have an effect
on permits for repairs to buildings, such
as reroofing. He stated that this would
establish guidelines to control the demo-
lition of buildings.
Ms. Edna Harks, South San Francisco
Historical Society, stated that the
Society was greatly in favor of the adop-
tion of this Ordinance to protect City
landmarks.
Discussion followed: that the Interim
Ordinance would be in effect for 45 days
and it would be extended an additional
ten and one half months to allow an ordi-
nance to be written establishing guideli-
nes and specifics incorporating it into
the general plan; this Interim Ordinance
would postpone the demolition of land-
marks the City chose to save; whether
this Ordinance would infringe upon the
rights of property owners; the intent of
the Interim Ordinance in preserving
landmarks; that the Ordinance
establishing guidelines should not be
1/11/84
Page 12
AGENDA
COMMUNITY DEVELOPMENT
11, Staff Report 1/11/84 - Continued.
CITY MANAGER
10. Staff Report 1/11/84 recommending
adoption of a Resolution approving
retirees health insurances.
A RESOLUTION AUTHORIZING THE
ENROLLMENT AND PREMIUM PAYMENT OF
CERTAIN QUALIFIED RETIREES IN CITY
HEALTH INSURANCES
ACTION TAKEN
162
COMMUNITY DEVELOPMENT
ambiguous or general to cause confusion;
what a landmark was; State guidelines for
the preservation of landmarks; the City
Attorney having received research material
from Stanford and State archives; that
the Director of Community Development
would make written recommendations to the
Council on structures for preservation.
M/S Addiego/Teglia - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Addiego/Teglta - To adopt the Urgency
Ordinance.
ORDINANCE NO. 937-84
Carried by unanimous roll call vote.
CITY MANAGER
Personnel Director Marshall stated that
this item had been brought forward at the
request of Councilman Nicolopulos on
October 19, 1983 wherein Staff had been
directed to prepare a Resolution to
enable retirees to have the benefit of
the City paying their health insurance
benefi ts.
Discussion followed on retirees benefits
from MEDICAL, MEDICAID AND MEDICARE; that
21 retirees would benefit from the City
paid health insurance; how this would be
augmented by PERS, MEDICARE and MEDICAL;
that people over the age of 65 years of
age did need financial supplements in
insurance; the differences between
MEDICAID, MEDICAL AND MEDICARE and
coverage of hospital bills; how Federal
and State agencies are trying to regulate
through controls that state the maximum
amount allowable for doctor and hospital
charges that can be charged.
M/S Nicolopulos/Haffey - To adopt the
Resolution.
1/11/84
Page 13
AG E N D A A C T I O N T AK E N J-G3
CITY MANAGER
10. Staff Report 1/11/84 - Continued.
ITEMS FROM COUNCIL
24. Request for funding for the
Close-Up Program.
CITY ATTORNEY
Staff Report 1/11/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce an Ordinance on Campaign
Contributions.
1st Reading/Introduction
AN ORDINANCE AMENDING SECTION
2.08.050 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND SECTION V OF
ORDINANCE NO. 614 ENTITLED "AN
ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO PROHIBITING THE GIVING
OR RECEIVING OF CERTAIN CAMPAIGN
CITY MANAGER
RESOLUTION NO. 3-84
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Councilwoman Teglia stated that she
thought Staff was supposed to have con-
tacted the three high schools offering
$25.00 per student for the Close Up
Program.
Mr. Alfred Puccetti, South San Franciso
High School Teacher, stated that a group
of 21 students would be leaving on
February lg, 1984, but would need the
money next week. He expressed apprecia-
tion to the Council for extending the
Program.
Mayor Addiego requested that the City
Manager approach Baden High School in
this regard.
M/S Teglia/Damonte - All South San
Francisco High School students are eli-
gible for the program at $25.00 per
student.
Carried by unanimous voice vote.
CITY ATTORNEY
City Clerk Battaya read the title of the
Ordinance in its entirety.
City Attorney Rogers explained that the
proposed Ordinance would amend those
sections of the Municipal Code which read
infraction and make them all misdemeanors.
M/S Damonte/Haffey - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
1/11/84
Page 14
AGENDA ACTION TAKEN IG4
CITY ATTORNEY
5. Staff Report 1/11/84 - Continued.
1st Reading/Introduction - Continued,
CONTRIBUTIONS" AS AMENDED BY
ORDINANCES 685 AND 840
CITY MANAGER
Staff Report 1/11/84 recommending
adoption of a Resolution author-
izing termination of the Joint~ J~Y
Powers Agreement for Airport
Comparability - JPAC.
A RESOLUTION AUTHORIZING
TERMINATION OF AN AGREEMENT
ENTITLED "JOINT EXERCISE OF POWERS
AGREEMENT FOR AIRPORT COMPATA-
BILITY"
Staff Report 1/11/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Ordinance relating to
emergency organization and funct-
ions. ~~
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTIONS
2.72.020 AND 2.72.090 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE AND
SECTIONS 2 AND 9 OF ORDINANCE NO.
622 ENTITLED "AN ORDINANCE OF THE
CITY OF SOUTH SAN FRANCISCO
RELATING TO EMERGENCY ORGANIZA-
TION AND FUNCTIONS"
Staff Report 1/11/84 recommending
adoption of a Resolution agreeing
to accept a negotiated exchange of
property tax revenues between the
City of South San Francisco and the
County of San Mateo (proposed
annexation- Lands of Poletti) -._~
continued from the 12/14/83
meeting.
A RESOLUTION AGREEING TO ACCEPT A
NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUES BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND THE COUNTY OF SAN
MATEO
CITY ATTORNEY
M/S Damonte/Haffey - To introduce the
Ordinance
Carried by unanimous voice vote.
CITY MANAGER
M/S Teglia/Damonte - To adopt the
Resolution.
RESOLUTION NO. 4-84
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Haffey/Nicolopulos - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Teglia - To adopt the
Ordinance.
ORDINANCE NO. 938-84
Carried by unanimous voice vote.
Councilwoman Teglia stated that she had
had a meeting with Mr. Poletti and his
attorney to question where she was coming
from and she stated that the bottom line
was that she wanted a full disclosure of
the strip of property and what it related
to the other property . She stated that
Mr. Poletti had blue skyed on what he
planned to do.
Director of Community Development
Dell'Angela stated that on December 14~
1983, a recommendation had been made to
1/11/84
Page 15
^ E,DA ^CTZO. T^ E, 1G5
CITY MANAGER
8. Staff Report 1/11/84 - Continued.
CITY MANAGER
Council to approve a property tax
agreement between the City and the County.
He stated that Council adoption of the
resolution would lead to the annexation
of land next to Ponderosa School. He
described the discussion of how it would
affect this property at this time with
the 34 unit development. He stated that
the Planning Commission had approved a
parcel map to incorporate the existing
project site and that the condition
imposed was that the parcel map would not
be approved or recorded unless the
annexation was accepted and approved by
the City. He stated that this responded
to Council's question of whether or not
the parcel map guaranteed Mr. Poletti any
additional units on the site with the
annexation. He stated that this would
not guarantee Mr. Poletti any additional
units on the property without going
through the Planning Commission and the
Council and convincing the bodies that it
would be beneficial.
Councilwoman Teglia stated that with
annexation the two parcels would be one
which disturbed her that this had not
been brought out. She stated that it
seemed to her that this guaranteed the
property owner that he in fact has the
right for greater density of which she
wanted the Council to be aware.
Director of Community Development
Dell'Angela stated that Mr. Poletti had
the right to ask for greater density but
was not guaranteed it, because the stipu-
lation was that the property would be
landscaped if no additional units were
petitioned. He stated that the tentative
parcel map application and the RPD permit
would be kept together so that Council
would rule on the matter.
Vice Mayor Haffey stated that by Council
taking action on the item, it would allow
Mr. Poletti the opportunity to increase
the density. He questioned what
1/11/84
Page 16
AGENDA ACTION TAKEN
CITY MANAGER
8. Staff Report 1/11/84 - Continued.
Staff Report 1/11/84 recommending
adoption of a Resolution approving
and authorizing certain salary ad-
justments, benefits and terms and
conditions of employment for
employees designated as management.
A RESOLUTION APPROVING AND
AUTHORIZING CERTAIN SALARY
ADJUSTMENTS, BENEFITS AND TERMS
AND CONDITIONS OF EMPLOYEMENT FOR
EMPLOYEES DESIGNATED AS MANAGEMENT
lOa. Request for sewer connection - Mr.
Amer, 210 Alta Vista.
CITY MANAGER
advantages this would give the City other
than landscaping if the City took action
on the item.
Director of Community Development
Dell'Angela stated that the landscaping
was the main advantage, however, Mr.
Poletti could use the annexed area to
provide sitting and recreation and open
green areas for the project.
Mr. Michael Balencia, Attorney, stated
that with the recommendation that had
been made by the Police and Fire
Departments it would provide more
security in the area.
M/S Nicolopulos/Damonte - To adopt the
Resol uti on.
RESOLUTION NO. 5-84
Carried by majority voice vote, Vice
Mayor Haffey voted no.
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 6'84
Carried by unanimous voice vote.
City Manager Birkelo stated that Mr.
Amer's request for a City sewer connec-
tion at 210 Alta Vista, had been denied
in prior months, however, Mr. Amer had
persisted . He continued, that the City
had done an engineering study to relieve
the fears that had been involved in the
prior decision to not allow piecemeal
annexations to the City's sewer system~
which might negate the possibility of
having to do it for all of Country Club
later. He
1/11/84
Page 17
. 67
AGENDA ACTION TAKEN
CITY MANAGER
lOa. Request for sewer connection - Mr.
Amer, 210 Alta Vista - Continued.
COMMUNITY DEVELOPMENT
12.
Public Hearing - UP-83-670/Raymond
Jacobsen and Jacobsen Enterprises
{Public Storage, Inc.) of the
Planning Commission's decision to
deny the construction of a Public
storage facility and for the addi-
tion of a storage area and mini
offices to an existing warehouse
and office building on the south-
west corner of Produce and San
Mateo Avenues.
Staff Report 1/11/84 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal and uphold the decision of
the Planning Commission.
13.
Staff Report 1/11/84 recommending:
1) Brief arguments from City Staff
and Applicant; 2) Hear public comment;
3) Motion to revoke Use Permit
UP-83-643 (Wagner-Levine) for a
proposed mobile home for caretaker
CITY MANAGER
stated that it appeared that if the City
allowed Mr. Amer, at not cost to the City
to hook in at Alida to his residence that
it would not be counterproductive to the
ultimate sewer servicing to the whole
area; and that from the cost estimates it
would not be a super bargain to allow him
to get a cheap sewer service and make
difficulties for the whole system later
on. He stated that the recommendation
was that Mr. AJner must get a sewer permit
from the County to put the sewer into the
road; pay the City $500 for a sewer con-
nection fee and pay $18,500 for the work
to be contracted to the City's
specifications.
M/S Damonte/Nicolopulos - To approve.
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
Public Hearing continued to 1/25/84.
under Agenda Review.
6o' o
Senior Planner Gorny stated that the
recommendation was that the Use Permit
be revoked due to non-compliance of con-
ditions as set forth.
1/11/ 4
Page 18
AG E N D A AC T I O N T AK E N iL68
COMMUNITY DEVELOPMENT
13. Staff Report 1/11/84 - Continued.
and storage of equipment and truck
parking on the easterly portion of
the U.S. Steel/American Bridge si te
at 205 Oyster Point Boulevard based
on the recommended findings.
14.
Staff Report 1/11/84 recommending
by Motion to approve SA-83-81 and
Negative Declaration No. 416, a
revised tentative Subdivision Map
of Genstar Development, Inc.
(Broadmoor Homes, Northern
Division) for a 53 unit residen-
COMMUNITY DEVELOPMENT
Mr. Wagner, Wagner-Levine, rebutted items
set forth and stated that he did not plan
any further grading because U. S. Steel
was selling property and they were not
intent on pursuing the grading.
Councilman Nicolopulos stated that U. S.
Steel had given an edict for
Wagner-Levine to vacate, since they were
selling their property.
An in-depth discussion followed con-
cerning the letter of vacation and its
bearing on this matter; repair of
sidewalks, etc.
Vice Mayor Haffey asked if an encroach-
ment permit had been required. He stated
that Wagner-Levine had accepted the
the conditions of the encroachment permit
and had not complied.
Councilwoman Tegl ia stated that the
Council had overruled the Planning
Commission's decision in trying to help
Wagner-Levine.
Brief discussion followed regarding
the Council's renegotating this matter
and that Wagner-Levine certainly could
not expect Council to be sympathetic
since they had not met the conditions
previously set in this matter.
M/S Haffey/Teglia - To revoke Use Permit
UP-83-643/Wagner-Levine for a proposed
mobile home, etc. based on the infor-
mation in the record of proceedings and
the recommended findings.
Carried by unanimous roll call vote.
Director of Community Development
Dell'Angela discussed Condition No. 11~ the
rusting of nails, and stated that an
Ordinance was being prepared which would
address galvanizing of metal products
exposed to weather.
1/11/84
Page 19
AGENDA ACTION TAKEN 169
COMMUNITY DEVELOPMENT
14. Staff Report 1/11/84 - Continued.
Division) for a 53 unit residen-
tial, air-space condominium project
wi th related parking and landscap-
ing on Lot 4 of St. Francis Terrace
located between Appian Way and
Gellert Boulevard south of
Westborough Blvd. - continued from
the 12/14/83 meeting.
FINANCE
15.
Staff Report 1/11/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Ordinance on sales and use
taxes on waterborne vessels.
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTIONS
4.16.100 AND 4.16.150 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE AND
SECTIONS 4(b) (4.5) AND 5(b)(3.5)
OF ORDINANCE NO. 457 AS ADDED BY
ORDINANCE NO. 655 (SALES A~D USE
weather. ~1 ~
PUBLIC SERVICES
16.
Staff Report 1/11/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Urgency Ordinance amending
the Building Code to require galva-
nizing of metal products exposed to
weather.
COMMUNITY DEVELOPMENT
Mr. Donald A. Mulvihill, 57-A Appian
Way, President of St. Francis Terrace
Homeowners Assocoation, spoke of his
letter which he had presented to
Council this evening and expressed con-
cerns with specifications used by
Broadmoor Homes would not be followed by
Genstar Development. He stated that he
wanted assurance that residents can have
confidence in future development in the
area by this developer.
M/S Teglia/Nicolopulos - To approve
SA-83-81 and Negative Declaration No. 416
of Genstar Development, Inc., Broadmoor
Homes, Northern Division subject to con-
ditions and findings in the Staff
Report.
Carried by unanimous voice vote.
FINANCE
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Haffey - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Haffety - To adopt the
Ordinance.
ORDINANCE NO. 939-84
PUBLIC SERVICES
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Haffey - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
1/11/84
Page 20
PUBLIC SERVICES
16. Staff Report 1/11/84 - Continued.
1st Reading/Adoption
AN ORDINANCE ADDING SECTION
15.08.095 TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE ADDS SUBSECTION
1707(d) TO THE UNIFORM BUILDING
CODE
ITEMS FROM STAFF
19. Review of Council meeting schedule
dates.
21. Review of cost estimate for air-
craft noise telephone stickers.
PUBLIC SERVICES
M/S Teglia/Damonte - To adopt the Urgency
Ordinance.
ORDINANCE NO. 940-84
Carried by unanimous voice vote.
ITEMS FROM STAFF
City Manager Birkelo presented the
following dates to Council: 1/18/84 -
Capital Improvement Budget; 1/21/84,
2/4/84, 2/11/84 9:00 a.m. to 12:00 p.m.
for the review of Goals and Objectives;
and 2/15/84 for a Special Meeting for a
Study Session on the General Plan.
Councilman Damonte stated that he would
not be able to attend the meetings on
1/21/84, 2/4/84 and 2/11/84.
Councilman Nicolopulos stated that he
would be out of town on 2/15/84.
City Attorney Rogers indicated that he
would not be able to attend the meeting
of 1/21/84.
City Manager Birkelo explained that he
would be attending a conference in San
Diego on 2/8/84 and would be on vacation
2/27/84 through 3/2/84 and would not be
able to attend the meetings.
Discussion ensued relative to placement
of the stickers and the possibility of a
conflict with emergency numbers if placed
on the telephone; color for the stickers;
and artwork to appear on the stickers.
M/S Haffey/Teglia - That Staff prepare
artwork for 15,000 postcards for a maxi-
mum of $3,000.00
Carried by unanimous voice vote.
1/11/84
Page 21
AGENDA ACTION TAKEN I71
ITEMS FROM COUNCIL
22. Report from the Oyster Point
Advisory Board.
23.
Annual appointment of Council com-
mittee representatives and alter-
nates.
ITEMS FROM COUNCIL
Mayor Addiego stated that he would
present a report on the election of Housing
Authority Officers and related that Mr.
Reid had been elected Chairman and Linda
Fontenot Vice Chairman of the Housing
Authority. He stated that Counci would
be interviewing applicants for the
Housing Authority soon.
Consensus of Council to interview appli-
cants for the Housing Authority.
Mayor Addiego made the following
appointments: San Mateo County Regional
Planning Commission - Representative
Teglia, Alternate Nicoloulos; Airport
Land Use Committee - Representative
Teglia, Alternate Addiego;
Airport/Community Roundtable -
Representative Teglia, Alternate Addlego;
National Organization to Insure a Sound
Controlled Environment - Representative
Teglia, Alternate Addiego; San Mateo
Operational Area Emergency Services
Organizat$on - Representative Damonte~
Alternate Nicolopulos; ABAG -
Representative Addiego, Alternate
Nicolopulos; San Mateo County Council of
Mayors Legislative Committee -
Representative Addiego, Alternate Teglia;
North San Mateo County Council of Cities
Legislative Committee - Representative
Nicolopulos, Alternate Haffey; San Mateo
County Visitors and Convention Bureau -
Representative Haffey, Alternate Teglia;
Peninsula Water Agency - Representative
Nicolopulos, Alternate Damonte; Oyster
Point Advisory Committee - Represent-
atives Addiego and Nicolopulos;
Liaison to South San Francisco Housing
Authority - Representative Addiego,
Alternate Nicolopulos; School Distrct/
City Council Advisory Committee -
Representatives Teglia and Haffey.
z/z1/84
Page 22
AGENDA
ITEMS FROM COUNCIL
Councilman Nicolopulos:
Mayor Addiego:
GOOD AND WELFARE
CLOSED SESSION
Request for a Closed Session for the
purpose of the discussion of
personnel matters, labor relations
and litigation.
RECALL TO ORDER:
ITEMS FROM STAFF
20.
Request for Council authorization
to approve claim settlement with
United Technologies, Inc. and Jenks
Engineering; and authorize the City
Manager to execute said release.
ACTION TAKEN
172
ITEMS FROM COUNCIL
Commented on a new law passed regarding
smog inspection program on the purchase
of new or used automobiles.
Stated that he had received a call
regarding the cheese program and inquired
who was eligible.
Director of Parks and Recreation Norton
explained the regulations governing the
program.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at
12:00 a.m.
The meeting was recalled to order at
12:28 a.m., all Council present, no
action taken.
ITEMS FROM STAFF
M/S Tegl ia/Haffey - To rati fy the
releases in the United Technology case
releasing United Technology, Jenks and
their respective insurors and the City
Clerk is instructed to make a minute
order and deliver it to the City Attorney
by Friday, January 13, 1984.
Carried by unanimous voice vote.
M/S Teglia/Haffey - To adjourn the
meeting.
Carried by unanimous voice vote.
1/11/84
Page 23
MINUTE ORDER
CITY OF SOUTH SAN FRANCISCO
CITY COUNCIL MEETING
JANUARY 11, 1984
173
Item 20.
Request for Council authoriza-
tion to approve claim settle-
ment with United Technologies,
Inc. and Jenks Engineering;
and authorize the City Manager
to execute said release.
Motion/Second Teglia/Haffey - To ratify
the releases in the United
Technology case releasing
United Technology, Jenks and
their respective insurers and
the City Clerk is instructed to
make a minute order and deliver
it to the City Attorney by
Friday, January 13, 1984.
Carried by unanimous voice voice.
STATE OF CALIFORNIA t SS,
COUNTY OF SAN MATEO
I, Barbara A. 8a'ffaya, City Clerk of the c~fy of South San
cisco, County of San Mateo, State of California, an ex-officio Clerk of
the Cffy Council thereof, do hereby ceffify that the ~bove ~d for~
going is a fulktrue and correct copy of
Minute Order of Item No. 20 of the
"CT~"--6~'f-"S6-T-"-S~'fi'""F~-~'~'T~-fi'6-"~ ty Counci'
Meetina of 1/]1/84
~he orJglnal of which is on file ~n my office, and that I have care~uJJy
compared the si. me w[ff~ the original,
IN WITNESS WHEREOF I have hereunto set my hand and ~he sea~ of
the City of South San Frencisco
19
~ARBARA A, BATTAYA
Ci~ Clerk and ~x-ofiicio Cler~f the C[~ Councilor the Ci~
South San Francisco By~..~~
Ci~ Clerk
BY
Depu~ Ci~ C}erk
1/11/84
Page 23a
AGENDA ACTION TAKEN
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
The meeting was adjourned at 12:29 a.m.
APPROVED:
City of South San Francisco
Mark N. Addiegm, Mayor /)
City of South San Francisco v
The entries of this Council meeting show the action taken by the City Council to dispose of
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.
1/11/84
Page 24