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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