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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