HomeMy WebLinkAboutMinutes 1984-05-23Mayor Mark N. Addie§o
Vice Mayor Richard A. Haffey
Council:
Emanuele N. Damonte
Gus Nicolopulos
Roberta Cerri Teglia
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
AMERICAN BUSINESS WOMEN'S ASSOCIATION
CAMINO REAL CHARTER CHAPTER
AGENDA REVIEW
City Manager Birkelo requested:
- Add Item No. 33a. Information
concerning Macy's Warehouse
at 1556 E1 Camino Real.
- Add Item No. 33b. Information
concerning Condominium Devel-
opment, Mission Road at Oak Ave.
- Add Item No. 33c. Motion to set
6/13/84 as a Public Hearing
date to confirm the statement of
the cost for the demolition and
disposal of the existing
structure at 2310 Olympic Dr.
- Add Item No. 33d. Resolution
approving and authorizing the
execution of a Trust Agreement
with Robert O. Ellison.
- Add Item No. 33e. Appropriation
of $10,000 for the development
of a promotional booklet for
participation in a cooperative
marketing program.
MINUTES
City Counci 1
~lunicipal Services Building
Community Room
May 23, 1984
ACTION TAKEN
7:45 p.m. Mayor Addiego presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Damonte, Teglia and
Addiego.
None.
The presentation of colors was made by
Pack No. 183 and the pledge was recited.
Rev. Evelyn Kendall, Aldersgate Methodist
Church, gave the invocation.
Mayor Addiego presented a Proclamation to
Irene Mann, President Camino Real Charter
Chapter of the American Business Women's
Association, in honor of the forming of
the new chapter.
AGENDA REVIEW
So ordered.
So ordered.
So ordered.
Agendize for the 6/13/84 meeting.
So ordered.
5/23/84
Page I
AGENDA ACTION TAKEN
AGENDA REVIEW
- Add Item No. 33f. Geotechnical
report on South Slope Terrabay.
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Regular Meeting of
4/25/84, Adjourned Regular Meeting
of 4/28/84 and Regular Meeting of
5/9/84.
Staff Report 5/23/84 recommending
by Motion that the request for
leave to file a late claim be
granted and that the claim be
denied and referred to the City's
Insurance Adjuster and the Office
of the City Attorney in the claim
filed by Richard C. Bennett, Esq.,
on behalf of Deborah Lee Johnson
alleging partial paralysis which
rendered the claimant paraphlegic
as the result of care by the para-
medics.
0
Staff Report 5/23/84 recommending
by Motion to deny the following
claim and refer it to the Insurance
Adjuster and to the Office of the
City Attorney: Claim as filed by
Cal i forni a State Automobi 1 e
Association on behalf of Margery
Carl son alleging personal property
and dwelling damages as the result
of sewage from City property
draining into the lower basement.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Mr. Lawrence Pera stated that cars were
being parked on the sidewalk and draining
oil on the sidewalk; was having a problem
with his neighbor; City should plant
trees and vegetables on San Bruno
Mountain.
COMMUNITY FORUM
Councilwoman Teglia questioned if the
Police Department would institute speci-
fic patrols on Commercial and Baden to
stop people from parking over the
sidewalk and impeding pedestrians.
CONSENT CALENDAR
Approved.
Removed from the Consent Calendar for
discussion by Councilwoman Teglia.
So ordered.
5/23/84
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
e
Staff Report 5/23/84 recommending
adoption of a Resolution for a five
year lease agreement on the Susa
garage.
A RESOLUTION AUTHORIZING EXECUTION
OF A FIVE YEAR LEASE AGREEMENT WITH
JOHN A. SUSA FOR CITY'S USE OF
GARAGE
®
Staff Report 5/23/84 recommending
by Motion to authorize the
Purchasing Officer to advertise and
accept bids for liquid chlorine.
Staff Report 5/23/84 recommending
by Motion to authorize the
Purchasing Officer to advertise and
accept bids for the Leisure
Activities Brochure.
Staff Report 5/23/84 recommending
by Motion to authorize the
Purchasing Officer to advertise and
accept bids for custodial paper
supplies.
Staff Report 5/23/84 recommending
by Motion to authorize the
Purchasing Officer to advertise and
accept bids for heating, ven-
tilation and air conditioning.
Staff Report 5/23/84 recommending
by Motion to authorize the
Purchasing Officer to advertise and
accept bi ds for window washing of
various City buildings.
10.
Staff Report 5/23/84 recommending
by Motion to set June 13, 1984, as
a Public Hearing date to consider
adoption of an Ordinance amending
Section 20.72.280 of the South San
Francisco Municipal Code and
Section 5.6(g) of Ordinance No.
353, as amended, relating to non-
conforming buildings
(ZA-84-27).
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilmembers Nicolopulos,
Teglia and Haffey.
Approved.~d
Approved.
Approved.
Approved.
Removed from the Consent Calendar for
discussion by Councilwoman Teglia.
Public Hearing date set for 6/13/84.
5/23/84
Page 3
AGENDA ACTION TAKEN 95
CONSENT CALENDAR
11.
Staff Report 5/23/84 recommending
by Motion to set June 27, 1984, as
a Public Hearing date to consider
adoption of the Housing Element to
the General Plan (GP-84-25).
12.
Staff Report 5/23/84 recommending
by Motion to set July 11, 1984, as
a Public Hearing date to consider
adoption of an Ordinance amending
Section 20.52.070C of the South San
Francisco Municipal Code regarding
In Lieu Parking Fees.
13.
Staff Report 5/23/84 recommending
by Motion to set June 13, 1984, as
a meeting date to consider the
Revocation of UP-83-657, an auto
salvage yard located at 150 Harbor
Way.
14.
Staff Report 5/23/84 recommending
adoption of a Resolution awarding
the contract for the purchase of
Street Light Conversion Kits to
Bell Electric Supply of South San
FranciSco for the lowest respon-
sible bid in the amount of
$18,458.67.
A RESOLUTION OF AWARD OF CONTRACT
STREET LIGHT CONVERSION KITS - BID
NO. 1612
15.
Staff Report 5/23/84 recommending
adoption of a Resolution requesting
participation in the Program for
Rehabilitation of Streets Utilized
by Transit Vehicles.
A RESOLUTION REQUESTING
PARTICIPATION IN THE PROGRAM FOR
REHABILITATION OF STREETS
UTILIZED BY TRANSIT VEHICLES
16.
Staff Report 5/23/84 recommending
adoption of: a) A Resolution
approving plans and specifications,
authorizing the work and calling
for bi ds for the Linden and Miller
Traffic Controller Project No.
TR-83-2; b) A Resolution
Public Hearing date set for 6/27/84.
Public Hearing date set for 7/11/84.
Meeting date set for 6/13/84.
RESOLUTION NO. 64-84
RESOLUTION NO. 65-84
5/23/84
Page 4
AGENDA ACTION TAKEN 96
CONSENT CALENDAR
16. Staff Report - Continued.
authorizing an agreement for the
project.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGREEMENT FOR THE LINDEN
AND MILLER AVENUE TRAFFIC SIGNAL
MODIFICATIONS - PROJECT NO. TR-83-2
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE LINDEN
AND MILLER AVENUE TRAFFIC SIGNAL
MODIFICATIONS - PROJECT NO. TR-83-2
17.
Staff Report 5/23/84 recommending
adoption of a Resolution approving
plans and specifications,
authorizing the work and calling
for bids for the repainting of
chlorine handling at the Water
Quality Control P1 ant.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR
REPAINTING OF CHLORINE HANDLING AT
THE WATER QUALITY CONTROL PLANT,
PROJECT NO. WTP-83-7
18.
Staff Report 5/23/84 recommending
by Motion to accept as complete the
Belle Air Road Improvements Project
No. ST-82-1 in accordance with the
approved plans and specifications.
19.
Staff Report 5/23/84 recommending
by Motion approval of a one year
time extension to record the final
subdivision map SA-82-76, 56 unit
condominium project located between
Gellert Boulevard and Appian Way,
St. Francis Terrace, Lot 3,
Westborough 4A.
20.
Staff Report 5/23/84 recommending
by Motion to accept as complete the
South Airport Forcemain Support
Repair Project WTP-83-1 in accor-
dance with the approved plans and
speci ficati ons.
CONSENT CALENDAR
RESOLUTION NO. 66-84
RESOLUTION NO. 67-84
RESOLUTION NO. 68-84
Approved.(j~
Approved.
Approved.
5/23/84
Page 5
AGENDA ACTION TAKEN
CONSENT CALENDAR
Staff Report 5/23/84 recommending
by Motion that the request for
leave to file a late claim be
granted and that the claim be
denied and referred to the City's
Insurance Adjuster and the Office
of the City Attorney in the claim
filed by Richard C. Bennett, Esq.,
on behalf of Deborah Lee Johnson
alleging partial paralysis which
rendered the claimant paraphlegic
as the result of care by the para-
medi cs. ~0 ~_~~
®
Staff Report 5/23/84 recommending
adoption of a Resolution for a five
year lease agreement on the Susa
garage.
A RESOLUTION AUTHORIZING EXECUTION
OF A FIVE YEAR LEASE AGREEMENT WITH
JOHN A. SUSA FOR CITY'S USE OF
GARAGE
®
Staff Report 5/23/84 recommending
by Motion to authorize the
Purchasing Officer to advertise and
accept bids for window washing of
various City buildings.
CONSENT CALENDAR
M/S Teglia/Damonte - To approve the
Consent Calendar with the exception of
Items No. 2, 4 and 9.
Carried by unanimous voice vote.
Councilwoman Teglia questioned why the
person was filing a late claim.
City Attorney Rogers explained that after
100 days a person must make application
for a late claim and that this person had
been impompetent for over 100 days
becuase .she did not have a guardian to
act in her stead.
M/S Teglia/Haffey - To grant the late
claim and to deny the claim and refer it
to the dCity's Insurance Adjuster and to
the Office of the City Attorney.
Carried by unanimous voice vote.
Councilman Nicolopulos questioned why the
lease would run until 1989 and what other
options were available.
City Manager Birkelo stated that the
garage was needed to store old records
and that five years was needed for a
records management program.
Councilwoman Teglia suggested using micro-
fiche or store the records on City pro-
perty, perhaps at the MSB which has
10,000 square feet.
Vice Mayor Haffey stated concern over
spending $50,000 over a five year period
for storage.
City Manager Birkelo stated that there
were restrictions on microfiche and that
he would meet with the Council
Subcommittee to investigate space at the
MSB and possibly the new Corporation
Yard.
Consensus of Council - To table the item.
Councilwoman Teglia questioned why the
maintenance people could not wash the
Page 6
AGENDA ACTION TAKEN
9. Staff Report - Continued.
APPROVAL OF BILLS
21. Approval of the Regular Bills of
CITY MANAGER
22.
Staff Report 5/23/84 recommending
adoption of a Resolution to support
the petition of NOISE and AOCI for
FAA rule in relation to Stage II
aircraft.
A RESOLUTION TO SUPPORTING THE
PETITION OF NOISE AND AOCI REQUESTING
THE AMENDMENT OF FEDERAL AVIATION
REGULATIONS ,
windows rather than going out to bid.
She stated that perhaps it would be
better to contract for all maintenance.
City Manager Birkelo stated that it would
involve separate contracts.
Mayor Addiego stated that there had been
certain dissatisfaction with maintenance
in some buildings.
Vice Mayor Haffey requested that other
options be investigated during the budget
sessions. He stated that it was getting
to be universal in dissatisfaction with
the maintenance service being provided.
M/S Nicolopulos/Damonte - That the City
Manager is to investigate other options.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Haffey/Damonte - To approve the
Regular Bills in the amount of
$1,340,597.49.
Carried by unanimous voice vote. Mayor
Addiego did not participate or vote in
the matter of the claim of Brentwood
Market.
CITY MANAGER
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 69-84
City Manager Birkelo stated that the
National Organization to insure a sound-
controlled environment and the Airport
Operators Council International have
petitioned the FAA to make a rule which
would cut off production of Stage-II
Aircraft because of their noisy charac-
teristics. He stated that adoption of
the resolution indicates the City's sup-
port for the proposed rule change and
includes a commentary by the City's noise
consultant Dr. Maurice Garbell that
suggests that the FAA might be able to
5/23/84
Page 7
AGENDA ACTION TAKEN 99
CITY MANAGER
22. Staff Report- Continued.
ITEMS FROM STAFF
33. Report on Study of Downtown Grand
Avenue Crosswalks.
CITY MANAGER
continue to certify some Stage-II
Aircraft if modified to perform at lower
noise levels which his research has indi-
cated is possible.
Carried by unanimous voice vote.
Mayor Addiego stated that Item No. 33
would be heard next as there were members
in the audience who were interested in
the item.
ITEMS FROM STAFF
Director of Public Services Yee stated
that at a recent Council meeting the
suggestion had been made to make the
crosswalk on downtown Grand Avenue more
visible. He stated that he had worked
with the Police investigating different
alternatives and had concluded that the
best method was to use raised markers in
the street. He stated that this had been
done on the 200 block near the senior
citizens crosswalk and had been found to
be more effective than painting white
lines. He stated that he had discussed
this with Councilman Nicolopulos, who had
made the request, and he had indicated
that perhaps that would help)but believed
that more monitoring should be con-
sidered.
Discussion followed: that the downtown
revitalization had taken place in 1980;
that there had been one incident in the
crosswalk; that most of the accidents
were drink related; using reflectors; the
three factors: education, engineering and
enforcement, etc.
Mrs. Pat Martinson, 1288 Morningside
Avenue, stated that she felt that a white
strip should be painted identifying the
crosswalk for the pedestrians in the day
time.
Councilwoman Teglia stated that Council
would soon deal with the Police
Department on what level of enforcement
should be used on Grand Avenue.
5/23/84
Page 8
AGENDA ACTION TAKEN 'ZOO
33. Report on Study - Continued.
CITY MANAGER
23.
Staff Report 5/23/84 recommending
adoption of a Resolution for the
use of City property by California
Water Service.
A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF A
REVOCABLE LICENSE BETWEEN
CALIFORNIA WATER SERVICE
Mrs. Martinson stated that the two middle
crossing on the three hundred block of
Grand Avenue did not have a problem with
the people who lived in the City not
stopping, but did have a problem with the
people who use the street as a thorough-
fare and refuse to stop for pedestrians.
Discussion followed on people making
illegal turns on Grand Ave., parking
problems; having a greater number of
hours in the downtown area from the
parking enforcement officer; giving
tickets to motorists speeding down Grand
Avenue; having additional men on the
street to direct traffic at the
crosswalk.
Mrs. Avis Savory, 6 Iris Court, stated
that she had problems crossing the
crosswalk as a pedestrian and more
problems seeing the crosswalk as a
motorist. She stated that she would like
to see the crosswalk identified with
crossing signs on the road so that there
is no doubt as to what it is and also use
reflectors.
Discussion followed: whether there had
been discussion with the Downtown
Merchants on pedestrian safety; that
there had been a discussion during the
revitalization on whether the crosswalk
should be painted; that the street had
been widened five feet which did not
accommodate the pedestrians but
encouraged U-Turns.
M/S Teglia/Haffey - To place reflectors
on Grand Avenue; review later to see if
supplemental reinforcement is needed;
direct the Police Department to assign
additional enforcement.
Carried by unanimous voice vote.
CITY MANAGER
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 70-84
Carried by unanimous voice vote.
5/23/84
Page 9
AGENDA
ACTION TAKEN
CITY MANAGER
24.
Public Hearing - Oyster Point Grade
Separation Funding Policy -
Continued from 5/9/84.
Staff Report 5/23/84 recommending:
1) Reopen the Public Hearing and
Hear testimony; 2) Close the Public
Hearing; 3) Adoption of a
Resolution.
A RESOLUTION SETTING POLICY FOR THE
OYSTER POINT GRADE SEPARATION
FUNDING
CITY MANAGER
City Manager Birkelo stated that this
item went back over a year to the George
Nolte study done on the Oyster Point
Grade Separation Freeway Modification
program. He continued, at that time Mr.
Nolte suggested a method for providing
the local funding that probably would be
necessary to get a project like this
built even with some grade separation
funds from the State. He stated that
Staff worked at it for some time and had
some use permits that carried the
requirements that people make some
contributions. He stated that in light
of this type of formula he had held off
final adoption by the Council because
there were some agreements being nego-
tiated and he wanted to be sure that the
policy would conform to what the
agreement would provide because the
policy will become a part of any such
agreements that Staff can negotiate with
major developers along that line. He
stated that basically the formula sets up
a use classification for various types of
buildings in terms of average daily traf-
fic that type of use generates. He con-
tinued, then determine what the average
daily traffic is for each one of those
and apply the cost factor of $154 per
trip, and then it calculates out as to
what the payment should be for the traf-
fic that is generated for that type of
use. He stated that the $154 was based
upon an estimated amount that the local
share has to generate, so the formula
also provides for the possibility of
refunds to people that contribute. He
stated that again the refunds would be
made in direct proportion according to
the daily traffic paid for in the
beginning. He stated that the City
might get more contributors or alter-
natively get greater State financial
assistance whereby the local share might
be reduced, in which case there would be
refunds made to the contributors. He
stated that the policy before Council
suggests that the policy should continue
5/23/84
Page 10
AGENDA
CITY MANAGER
24. Public Hearing - Continued.
ACTION TAKEN
CITY MANAGER
in effect for a period of five years
following the project. He stated that
Mr. Diodati and Homart indicated they
would much prefer ten years following
completion which would tend to maximize
the possibility that no major development
out in that area would escape paying into
the fund and generate greater refunds for
those who pay up at the front end. He
stated that the Redevelopment Agency had
a major contribution in this and would
share in the refunds to the same extent
and same proportion that the developers
will and he had no objections in making it
a ten year period if the Council so
desired.
Councilman Nicolopulos questioned whether
the ten year period would make a dif-
ference to the State.
City Manager Birkelo stated that when the
City wanted to go and use money from the
Grade Separation Fund, as it did on East
Grand Avenue where the funds were
available for the City's share, then the
City would have to certify that the City
had the funds available for its share.
Mayor Addiego invited those wishing to
speak for and against the formula to step
to the dais.
Timothy Brown, Esq., 3 Embarcadero
Center, San Francisco, stated that he
was the Attorney for American Can
Company and was speaking in opposition
to the grade separation formula, but was
in favor of the work being done. He
spoke of the recycling facilities of
scrap metal that had been in existence
for many years on East Grand Avenue. He
stated that the familiar view of piles of
scrap metal were gone and work was on-
going to clean up contaminated dirt to
clear the site before putting it on the
market. He stated that American Can Co.
was not going to develop the site,
however it was felt that after the site
was cleaned it would be good for a
research facility or light industrial
5/23/84
Page 11
AGENDA ACTION TAKEN
CITY MANAGER
24. Public Hearing - Continued.
CITY MANAGER
use. He stated that American Can Company
supported the work being done and wanted
to pay its fair share, but in reviewing
the formula it did not appear as if the
formula really assigns shares fairly and
urged the City to reconsider. He stated
that his client sent a letter to the
Council on 3/9/84 stating that the
sharing formula was not fair between
existing users and new developers, i.e.,
there is a lot of construction in the
last ten or fifteen years on the CC&F
site which was not any different than the
development someone might make on the
American Can Co. twenty acre site,
however under the existing formula there
is one difference: someone who buys
500,000' combined R&D and warehouse
building somewhere on the hill there will
not contribute to the cost of the impro-
vements on Oyster Point and East Grand
Avenue; but someone who builds that same
facility on his client's property will
have to contribute. He stated that if
someone wanted to buy a warehouse and
could buy an existing one in that
district, north of Utah and east of the
freeway, he would not contribute to the
cost of the freeway improvements; as long
as you keep the existing use you will not
pay a penny. He continued, if you bought
from American Can, Dubuque, Homart or the
GSA building and change the use you will
pay under the formula. He stated that he
had worked up some rough numbers on what
a developer would pay for an R&D with a
heavy concentration of office space and
that it was about $500,000. He spoke in
detail of the cost of construction on the
twenty acres as being over a $1,000,000
and that the $500,000 in addition would
hurt a developer. He stated that that
was why the formula was unfair, however
he had no problem with the average daily
trips as that appeared sensible. He
stated that his client's property, U.S.
Steel and the Homart property had been
vacant for two years and yet they were
being given a credit for the average
daily trips which did not help his
client. He stated that his client might
be well advised to let the site sit
5/23/84
Page 12
AGENDA ACTZON TAKEN
CITY MANAGER
24. Public Hearing - Continued.
CITY MANAGER
because sooner or later the five or ten
years would run out and maybe the pro-
perty value will go up enough to make it
worthwhile. He stated that his client
really wanted to clean up the property
and sell it and that the City could help
this development and others by reworking
the sharing formula to pick up the people
that would benefit from the improvements
but who won't pay.
City Manager Birkelo stated that unless
people came in for a use permit there was
no way of doing that. He stated that
theoretically an assessment district
could be done where you assess some
charge back against everyone for the use
as contrasting the agency's willingness
to pick up the existing traffic share
when the formula goes into effect, but if
there was a majority protest then you
could not form an assessment district.
Discussion followed on trip generation;
that American Can Company had been
testing the soil for six to eight years
and negotiating with the Regional Quality
Control Board for certification of the
soils and water run-off would not be
harmful to wildlife; that American Can
Company had not contributed to the East
Grand Overpass; that American Can Company
thought that the East Grand Overpass and
the Oyster Point would be rolled together
as one project with one cost that covered
everything down to Utah and west of the
freeway and that Homart Development Co.
had paid for a lot of East Grand and had
a benefit and a credit towards the total
cost; that when you add the two together,
American Can and everyone south will pay
for East Grand Overpass; potential for
development on American Can Company's
property and the related land costs.
Mr. John Aguilar, Homart Development
Company, stated that his firm also wanted
to see an equitable formula embracing all
those who would benefit from the project
into the formula. He stated that Homart
5/23/84
Page 13
AGENDA ACTION TAKEN
CITY MANAGER
24. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
25.
Public Hearing - Proposed Extension
of the Interim Ordinance
Prohibiting Uses Which May Conflict
with Zoning Proposals Related to
General Plan Amendments.
Staff Report 5/23/84 recommending:
1) Open the Public Hearing and hear
testimony; 2)Close the Public~~~I
CITY MANAGER
had spent ten months in negotiations with
Staff on the formula and encouraged
Council to adopt the formula with the
inclusion of Mr. Diodati's ten year time
period rather than the five year time
period.
Mr. Rich Diodati, Owner Developer of the
Oyster Point Business Park, stated that
he would like to see the rate less and
have a ten year time frame, but the
City's obligation was to get others to
pay for the project. He stated that he
hoped somewhere down the line a benefit
district or an assessment district would
be formed rather than a few having to pay
for the overpass. He stated that he had
a letter of credit for $600,000 and
needed this formula to go forward in
order to get a building permit and get on
wi th the work.
Mayor Addiego read a letter dated 5/23/84
from the Law Offices of David P. Uccelli
on behalf of Arthur "Buzz" Haskins
objecting to the funding policy Iwhich is
herein attached and a permanent part of
the minutes of this meeting).
Mayor Addiego closed the Public Hearing.
M/S Teglia/Damonte - To adopt the
Resolution with a ten year time frame
written in rather than a five year time
frame.
RESOLUTION NO. 71-84
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
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 to step to the dais - no one chose
to speak. He then invited those wishing
to speak in opposition to step to the
dais - no one chose to speak.
5/23/84
Page 14
LAW OFFICES OF
DAVID P. UCCELLI
SUITE 300
520 EL CAMINO REAL · SAN MATEO, CALIFORNIA 94402
(415) 579-1100
May 23, 1984
TO THE MEMBERS OF THE CITY COUNCIL
OF SOUTH SAN FRANCISCO
Re:
Oyster Point Grade Separation
Funding Policy
Members of The Council:
The undersigned, Arthur "Buzz" Haskins, objects to the
format regarding the proposed assessment relating to the above
referenced matter.
The Policy which the council seeks to adopt appears
arbitrary in many respects, and is not based on any reliable
evidence. The proposed assessment is not fairly apportioned
among the property owners and/or users, and is based on
unwarranted assumptions regarding the ultimate use of certain
properties.
The provisions for refunding monies advanced by the property
owners are inadequate. No provision is set forth to assure such
reimbursement will take place, nor is any time period specified
as to when such reimbursement will occur.
Many issues have yet to be resolved regarding this matter,
and I therefore request the counsel not adopt any resolution
setting Policy regarding this matter.
S i~er~ ly,
ARTHUR "BUZZ'V HASKINS
5/23/84
Page 14a.
AGENDA
ACTION TAKEN
i07
COMMUNITY DEVELOPMENT
25. Staff Report- Continued.
Hearing; 3) Motion to waive further
reading of the Ordinance; 4) Motion
to adopt the Ordinance as an
Urgency Ordinance to take effect
immediately.
1st Reading/Adoption
AN ORDINANCE EXTENDING ORDINANCE
NO. 923 ENTITLED "AN INTERIM
ORDINANCE PROHIBITING USES WHICH
MAY CONFLICT WITH ZONING PROPOSALS
RELATED TO GENERAL PLAN AMENDMENTS"
AS EXTENDED BY ORDINANCE NO. 925
26.
Staff Report 5/23/84 recon~ending
by Motion approval of Mi ti gated
Negative Declaration No. 445
related to the Produce Avenue
Widening Project.
COMMUNITY DEVELOPMENT
Mayor Addiego closed the Public Hearing.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Haffey - To adopt the Urgency
Ordinance.
ORDINANCE NO. 950-84
Carried by unanimous voice vote.
Director of Community Development
Dell'Angela stated that the project was a
mitigation measure addressed in the EIR.
He stated that this would widen Produce
Avenue from Colma Creek to Terminal Court
to allow two southbound lanes to relieve
traffic congestion in the area. He
stated that 4/12/84 the Planning
Commission considered the Mitigated Nega-
tive Declaration No. 445 and recommended
that Council approve it based on the four
findings. He continued, the widening
project includes the acquisition of a six
foot strip of land on the west side of
Produce. He stated that essentially the
road way section would be widened from a
32' curb to curb width one lane in each
direction to a 44' curb to curb width.
He stated that right now there was one
southbound and one northbound lane, in
the finished plan you will have two
southbound lanes and only one northbound
lane. He stated that the Staff had ana-
lyzed it and felt that the mitigated
negative declaration could be approved
for this particular project and so
recommended.
M/S Teglia/Haffey - To approve the
Mitigated Negative Declaration No. 445
subject to conditions in the Staff
Report.
Carried by unanimous voice vote.
5/23/84
Page 15
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
27.
Public Hearing - V-84-278/North
Peninsula Neighborhood Services
Center, Inc. appeal of April 26,
1984 decision of the Planning
Commission approving V-84-278, a
Variance to Section 20.52.050 of
the South San Francisco Municipal
Code to allow two (2) off-street
parking spaces where seven (7) are
required to allow the rehabilita-
tion of a residence into an office
building at 314 Baden Avenue.
Staff Report 5/23/84 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal based on findings.
COMMUNITY DEVELOPMENT
Mayor Addiego opened the Public Hearing.
Director of Community Development
Dell'Angela stated that the Planning
Commission had approved this variance and
that subsequently the Parking Place
Commission appealed that particular deci-
sion and it was for a variance for the
required off-streeet parking in the
downtown area for the two spaces required
by the Commission. He continued, later
the Parking Place Commission reconsidered
the appeal to the variance and have an
intention to withdraw the appeal based on
the recommendation to the Council of a
new variance condition No. 5 be added
that states that at no time will there be
a distribution of cheese at this location
that would draw a number of people. He
stated that if the Council agrees with
the addition of the condition then the
Parking Place Commission will withdraw
its objections.
Mayor Addiego invited those wishing to
speak for or against the appeal to step
to the dais.
Director of Community Development
Dell'Angela stated that the applicant had
concurred with the condition.
Commissioner Dennis Rosaia, Parking Place
Commission, stated that after many
discussions and meetings with the City
Manager the Commission was willing to
withdraw the appeal for the John and
Kathy's Restaurant on Linden and willing
to withdraw the appeal of the
Neighborhood Services Center with one
condition - that they do not use this as
a food distribution or for events that
would draw people to the site. He stated
that the Commission wanted to make this
condition a part of the use permit to
make it legal and binding. He stated
that the Commission wanted to go on
record that it generally did not accept
this type of variance, but would withdraw
its objections to these two variances and
apologized for any embarassment from the
appeam.
5/23/84
Page 16
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT
27. Public Hearing - Continued.
28.
29.
30.
Public Hearing - V-84-280/John &
Kathy's Restaurant, appeal of April
26, 1984 decision of the Planning
Commission approving V-84-280, a
Variance to Section 20.52.030 and
20.52.050 of the South San
Francisco Municipal Code to allow
six (6) off-street parking spaces
where one hundred and on (101) spa-
ces are required at 203-211 Linden
Avenue.
Staff Report 5/23/84 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal based on findings.
Staff Report 5/23/84 recommending ~
by Motion approval of the building
permit determinations (Landmarks)
May 8, 1984.
Staff Report 5/23/84 recommending:
1) Motion to waive further reading
of the Urgency Ordinance; 2)
Motion to adopt the Urgency
Ordinance as a moratorium to allow
only single family and second units
on Miller as bounded by Tamarack,
Spruce, Orange and Grand Avenues.
1st Reading/Adoption
AN INTERIM ORDINANCE PROHIBITING
USES WHICH MAY CONFLICT WITH
ZONING PROPOSALS RELATED TO
GENERAL PLAN AMENDMENTS
COMMUNITY DEVELOPMENT
Mayor Addiego closed the Public Hearing.
M/S Teglia/Haffey - To deny the appeal
based on the findings and at no time
shall the Baden Avenue Center be used as
a distribution point for any give away
programs or as a gathering point, or site
for any special campaigns, projects or
events designed to attract large numbers
of persons at any one time. The Center
must be used to house general office
functions such as day-to-day administra-
tive activities of the Center.
Carried by unanimous voice vote.
Mayor Addiego opened and closed the
Public Hearing in view of the testimony
given by Commissioner Rosaia.
M/S Teglia/Haffey - To accept the
withdrawal of the appeal.
Discussion followed on amendments to
Title 20; that the Parking Place
Commission and Planning Commission should
get together and make a recommendation to
Council on in-lieu fees as contained in
the two draft ordinances.
Consensus of Council - That after the
joint meeting with the two Commissions
present a recommendation on the two
Ordinances to the City Council.
M/S Teglia/Haffey - To approve the
building permit determinations of 5/8/84.
Carried by unanimous voice vote.
Continued to 6/13/84 under Agenda Review.
5/23/84
Page 17
AGENDA ACTION TAKEN
PUBLIC SERVICES
31.
Staff Report 5/23/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to .~
adopt the Ordinance.
2nd Reading/Adoption
AN ORDINANCE ORDERING REMOVAL OF
OVERHEAD STRUCTURES, WIRES AND
FACILITIES AND INSTALLATION OF
UNDERGROUND WIRES AND FACILITIES IN
THE PRODUCE AVENUE UNDERGROUND WIRE
AND FACILITIES IN THE PRODUCE
AVENUE UNDERGROUND UTILITY DISTRICT
NO. i
32.
Staff Report 5/23/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce the Ordinance amending
the Uniform Building code.
1st Reading/Introduction
AN ORDINANCE AMENDING EXHIBIT "A"
TO SECTION 7007 OF THE UNIFORM
BUILDING CODE AS AMENDED BY SECTION
15.08.165 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
ITEMS FROM STAFF
33. Report on Study of Downtown Grand
Avenue Crosswalks. ~)~-I
33a. Staff Report 5/23/84 regarding
information concerning Macy's
Warehouse, 1556 E1 Camino Real.
33b. Staff Report 5/23/84 regarding
i nformati on concerni ng Condomi ni um
PUBLIC SERVICES
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Damonte/Teglia - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Damonte/Teglia - To adopt the
Ordinance.
ORDINANCE NO. 951-84
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Nicolopulos - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To introduce the
Ordinance.
Carried by unanimous voice vote.
ITEMS FROM STAFF
Heard earlier on the Agenda.
Councilwoman Teglia questioned whether a
letter had been mailed to Macy's
informing them of the Planning
Commission's decision being declared null
and void by the Council.
Director of Community Development
Dell'Angela stated that a letter would go
out tomorrow advising Macy's of the
Council action and if they still want to
pursue the change of condition to file a
request by the 6th of June to be on the
Commission's next meeting.
Councilwoman Teglia stated that the
drawing submitted to Council in the pre-
5/23/84
Page 18
A G E N D A A C T I O N T A K E N J-li
ITEMS FROM STAFF
33b.
Staff Report - Continued.
Development, Mission Road at
Oak Avenue.
33c. Staff Report 5/23/84 recommendin~l A~
by Motion to set 6/13/84 as a
Public Hearing date to confirm
the statement of the cost of
the demolition and disposal of the
existing structure at 2310
Olympic Drive.
33d. Staff Report 5/23/84 recommending
adoption of a Resolution approving
and authorizing the execution
of a Trust Agreement among Robert
O.andEllison,the City. the Bank of America~~y
A RESOLUTION AUTHORIZING
EXECUTION OF A TRUST AGREEMENT
WITH ROBERT O. ELLISON
33e. Request for appropriation of
funds for community promotion
cooperative marketing program.
33f. Geotechnical report on South Slope -
Terrabay. ~
ITEMS FROM STAFF
liminary stages of this project was dif-
ferent than what was built and asked if
it was just an artist's rendition.
Vice Mayor Haffey stated that driving
down Oak the project looked like a tene-
ment and questioned how this type of pro-
ject could be prevented in the future.
Discussion followed on which body had
approved the design; who the Design
Review Board made recommendations to;
that the Housing Authority Project looked
better than this one; that a letter
should go to the Design Review Board
stating that the project was not accep-
table to the City Council.
M/S Teglia/Nicolopulos - To set 6/13/84
as a Public Hearing date.
Carried by unanimous voice vote.
Agendized for the 6/13/84 meeting under
Agenda Review.
M/S Teglia/Haffey - To allocate $10,000
to the development of a promotional
booklet for participation in the coopera-
tive marketing program.
Carried by unanimous voice vote.
Discussion followed on newspaper reports
of negotations at the County level and
Mr. Tom Adams, who proports to represent
this group and on other occasions repre-
sents other groups; trading environmental
concerns up and down the County; various
people in the County using this as a
5/23/84
Page 19
AGENDA ACTION TAKEN
ITEMS FROM STAFF
33f. Geotechnical report - Continued.
ITEMS FROM COUNCIL
Counci 1 woman Tegl i a:
Councilman Damonte:
GOOD AND WELFARE
CLOSED SESSION
34.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
ITEMS FROM STAFF
leverage when the individuals are only
interested in South County; that every
City involved must be a party to an
amendment of the lOa Permit; that the
City needed to hire a geotechnical soils
consultant and an agreement would be
forthcoming at the next meeting and the
fees would be paid for by Mr. Dean at no
cost to the City.
ITEMS FROM COUNCIL
Concerned about people parking on the
sidewalk and blocking pedestrian access.
Concerned about people parking on
sidewalk and changing their oil.
Police Chief Datzman stated that if it is
a wide street and people park on the
sidewalk, blocking it, then the Police
will tag the autos or find another option.
GOOD AND WELFARE
Margaret Warren, 790 Stonegate Drive,
commented that the Design Review Board
had been criticized for being overly
cautious with developers by the Planning
Commission.
Councilwoman Teglia stated that the
Design Review Board should report direc-
tly to Council.
Lawrence Pera, stated that the City's
money should be put to better use; that
there should be incrases in the Police
and Fire Departments; and expressed con-
cern over wrecked cars parked in front of
condominiums.
CLOSED SESSION
Council adjourned to a Closed Session at
10:53 p.m. for the purpose of the
discussion of personnel matters, labor
relations and litigation.
5/23/84
Page 20
AGENDA
ACTION TAKEN
RECALL TO ORDER:
ADJOURNMENT
RESPECTFULLY SUBMITTED,
The meeting was recalled to order at
11:53 p.m., all Council present, no
action taken.
M/S Nicolopulos/Haffey - To adjourn the
meeting.
Carried by unanimous voice vote.
The meeting was adjourned at 11:54 p.m.
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.
5/23/84
Page 21