HomeMy WebLinkAboutMinutes 1985-02-20 Mayor Richard A. Haffey
Vice Mayor Roberta Cerri Teglia
Counci 1:
Mark N. Addiego
Emanuele N. Damonte
,,, Gus Nicolopulos
AGENDA
ADJOURNED REGULAR MEETING
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
Staff Report 2/20/85 recommending
adoption of a Resolution which
authorizes execution of a Ground
Lease with the Price Company.
A RESOLUTION AUTHORIZING EXECUTION
OF A GROUND LEASE
MINUTES
City Council
City Council Conference Room
City Hall
February 20, 1985
ACTION TAKEN
ADJOURNED REGULAR MEETING
5:05 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Addiego
Damonte and Haffey.
Teglia.
City Manager Birkelo stated that Council
received a Staff Report together with the
copy of the Resolution, the Ground Lea~e,
the accompanying Site Preparation
Agreement and a Memorandum of Lease for
recording purposes. He stated that the
Staff Report details the essential provi-
sions of the Agreement and that he needed
to clarify a statement he had made, that
the Company is allowed to recover the
costs of off-site improvements as a cre-
dit against percentage rentals which may
be due to the City. He stated that ~n
reality the Agreement also provided some
on-site cost, such as paid preparation
for the site of the building itself, would
fall under that recovery clause.
He stated that something to be clarified
was on page 2, Exhibit B, paragraph D~
"This Agreement is conditioned upon
Tenant receiving, no later than one
hundred twenty days after the date of the
lease, all necessary and required f(nal
governmental land use and other approvals
and building and other permits needed for
the construction and operation on the
property of a typical Price Club opera-
tion to be located in a building of
approximately 100,000 square feet,
including all governmental approvals
necessary to perform the development work
referred to in paragraph 2, below
herein." He stated that there was a
question as to whether that put the City
2/20/8S
Page 1
AGENDA ACTION TAKEN
1. Staff Report 2/20/85 - Continued.
under too tight a time frame to have to
deal with the approvals. He stated that
the City basically knew what the improve-
ments are and what was intended to be put
on the property. He stated that this was
a rather urgent request on the Price
Company's part because they wanted to try
to assure themselves that they could meet
their goal of being in operation by
November 1st.
He stated that the effect of that was if
for any reason they could not comply with
that within 120 days they would have the
option to terminate the Agreement, which
he did not think was likely when the
Price Company had invested in the project
and there were legitimate reasons for
delaying the project.
He stated that if the City wanted to go
back and try to renegotiate, leave it
wide open or wait and put a date after
their final complete application had been
filed rather than the date of this
Agreement; or the City might not execute
the Agreement until the City had the
application in hand to assure proper
time.
Discussion follows: that this was pro-
posed to put the heat on the City~
however the real burden could be to the
Price Company; whether the Corps of
Engineers would have some concerns with
the swamp over-flow and filled lands;
prior experiences with the Corps; that
the Price Company did not want the lease
to take effect until the soil testing
and the title were proper; that it
was important to tell the Price Company,.
before executing or submitting the lease,
to have an understanding of how soon the
City would have the application and
followup with a letter carrying out the
fact that the City's ability to meet
Price's desires in that section hinged
upon their prompt and rapid submission of
all necessary documents; that if the time
ran out, both parties would have to waive
their rights.
2/20/85
Page 2
AGENDA
ACTION TAKEN
1. Staff Report 2/20/85 - Continued.
Ri-"CESS~.
RECALL TO ORDER:
Discussion of the Draft Ordinance
"An Ordinance Adding to the South
San Francisco Municipal Code Chapter
2.58 entltled "Historic Preservation
Comm~ ssi on' ."
M/S Addlego/Nicolopulos - To adopt the
Resol uti on
RESOLUTION NO. 42-85
Councilman Nicolopulos questioned why the
City was paying for the on-site, off-site
construction rather than the Price
Company.
City Manager Birkelo stated that it was
started with the idea of giving the Price
Company a site ready condition which was
not the case, and the City would retain
ownership and could recover down the road
through any type of default. He further
stated that the City would recover the
site preparation money, traffic signals
and importation which would not affect
the base lease rental that the City would
receive.
Councilman Addiego spoke of the nego-
tiation procedures which he had sat in
on with Staff and the Price Company.
City Attorney Rogers explained the defi-
nition of triple net lease: wherein the
lessee, the Price Club, pays taxes, main-
tenance and insurance on the property and
that the City would have possessory
interest tax which was akin to property
tax.
Carried by unanimous voice vote.
Mayor Haff~ declared a recess at B:~O
p.m.
Mayor Haffey recalled the meeting to
order at 5:24 p.m., all Council present,
City Attorney Rogers stated that this
Ordinance before Council would provide
for a Historical Preservation Commission.
He stated that the approach was to even-
tually set up a five member commission,
similar to other Boards and Commissions
with four year terms, with the authority
and responsibility to designate things as
historical resources, structures,
buildings and sites. He spoke of appll-
2/20/85
Page 3
AGENDA ACTION TAKEN
2. Discusslon of the Draft Ordlnance
Continued.
cations which the Board would process;
notice and hold hearings; in order to
designate anything as an historic
resource it takes four votes of the
five members; effects from the designation
of a certain architectural feature to be
retained on a single family home and
their right to use or remodel the
building; that once a resource has been
designated as an historic resource,
before anyone can demolish or relocate,
add too or alter the building they must
apply for a Certificate of Alteration
which the Board would administer; limita-
tion would be put on the life of a
Certificate of Alteration. if they don't
have a building permit to commence the
work in six months the permit expires;
ordinary maintenance and repair of
historical resources; enforcement pro-
ceedings; violation of the Ordinance
would be handled as a misdemeanor.
Councilman Nicolopulos suggested adding
an addendum that spelled out the penalty
connected to the misdemeanor.
City Attorney Rogers stated that he could
change the section to read, guilty of a
misdemeanor and upon conviction shall be
punished by a fine of not more than
or by imprisonment not to exceed six
months or by both such fine and
imprisonment.
Consensus of Council - To add the penalty
for the misdemeanor to the Ordinance.
Director of Recreation and Community
Services Norton presented a listing of
the criteria, procedures, Certificate of
Alternation, ordinary maintenance and
repair, duty to keep in good repair~
enforcement and a chart going through the
steps of the application process by a
citizen. He stated that if an indlvldual
bought a home that was previously dedi-
cated as an historic resource that person
inherited that resource. He continued, if
the person wanted to modify the site he
must come in for a Certificate of
Alternation. He stated that if an indl-
2/20/85
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AGENDA ACTION TAKEN
2. Discussion of the Draft Ordinance
Continued.
vidual appealed a designation it would go
before the City Council for a hearing.
He stated that if someone appealed a
Certificate of Alteration, the Ordinance
designated the City Manager as the indi-
vidual of final say on the Certificate;
that the Code Enforcement Officer was the
individual responsible for enforcement.
He stated that the Board would consider
and recommend to the Council methods
other than those provided for in the
Ordinance for encouraging and achieving
historical or architectural preservation.
He stated that the Council had authorized
him to submit a grant proposal for an
historical survey of the community and
that he had met with various represen-
tatives; there were 36 proposals and
there were funds to support 12 of those;
word was to be received any day; if suc-
cessful the City would proceed imme-
diately to retain a consultant to take up
one portion of the grant and that within
the period of one year the City would
have a master plan.
He stated that designation could be made
by an owner, citizen or by a member of
the City Council. He stated that the
grant monies came from the Federal
Government and were administered by the
State. He spoke in detail of how the
Ordinance had been developed: other
cities' ordinances, the National Trust
for Historic Preservation, American
Planning Association Historic
Preservation Ordinance, etc.
Councilman Addiego questioned if someone
could appeal a designation five years
after the fact.
City Attorney Rogers stated that an indi-
vidual could ask that the site be unde-
signated, however once it was an historic
resource there was not a provision to
remove the designation once it had been
given to the property.
2/20/85
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AGENDA ACTION TAKEN
Discussion of the Draft Ordinance
Continued.
Discussion followed: tax consideration by
tax credits and write-offs for historical
resources; maintenance being the respon-
sibility of the owner; if the designation
created undue hardship to the owner,
perhaps a Certificate of Alteration could
be allowed so the owner could modify the
home; if the building was destroyed by
fire, earthquake or acts of God to the
extent it could not be restored then the
Building Inspector had the power to say
that it was being done with his approval,
etc.
Councilman Addiego stated that as a citi-
zen of the community who had from time to
time agonized over the loss of histori-
cally significant pieces of property he
was grateful for the support of Council
and Staff to effect this Ordinance.
Mayor Haffey stated that when the change
was made in the Ordinance to define the
penalties, the Ordinance should be agen-
dized for a future meeting.
M/S Damonte/Nicolopulos - That the
meeting be adjourned.
Carried by unanimous voice vote.
ADJOURNMENT
Time of adjournment 5:50 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Cl~k
City of South San Francisco
APPROVED:
San ;co
City of South .
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 are
available for inspection, review and copying.
2/20/85
Page 6