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HomeMy WebLinkAboutMinutes 1985-05-08Mayor Richard A. Haffey Vice Mayor Roberta Cerri Teglia Council: Mark N. Addiego Emanuele N. Damonte Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room May 8, 1985 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: ~PRESENTATIONS PROCLAMATION - 50TH YEAR ANNIVERSARY OF THE SAN MATEO COUNTY HISTORICAL ASSOCIATION m PROCLAMATION - BE KIND TO ANIMALS WEEK 5/6/85- 5/12/85 ~l PROCLAMATION - CALIFORNIA SAFETY WEEK 5/19/85 - 5/25/85 PROCLAMATION - LAW DAY USA 5/1/85 A RESOLUTION COMMENDING VICTOR FEUDALE ACTION TAKEN 7:35 p.m. Mayor Haffey presiding. Council present: Council absent: Nicolopulos, Addiego, Teglia, Damonte and Haffey. None. The pledge of allegiance was recited. The invocation was given by Reverend Pitts of Good News Chapel. Mayor Haffey read and presented the Proclamation to Mr. Postel, San Mateo County Historical Society. Mr. Postel presented a brief history of the Society and invited all to their 50th anniversary at the College of San Mateo on 6/2/85 at 2:00 p.m. for the opening of a new exhibit. Mayor Haffey read and presented the Procl amation to Mr. Paul Gal 1 oway, Director of Animal Control Services of the Peninsula Humane Society. Mayor Haffey did not choose to read or present this Proclamation. Mayor Haffey did not choose to read or present this Proclamation. Mayor Haffey requested this item be carried forward. Councilman Damonte stated that this was also Teacher Appreciation Week. Mayor Haffey stated that if he had known he would have had a Proclamation prepared. 5/8/85 Page 1 AGENDA ACTZON TAKEN .... PRESENTATIONS AGENDA REVIEW City Manager Birkelo Requested: - Remove Item No. 5 from the Agenda. - Remove Item No. 14 from the Agenda. Vice Mayor Teglia Requested: - Add Item No. 22a. Discussion of meeting of the Historical Old Town Homeowners Association. ORAL COMMUNICATIONS PRESENTATIONS Mayor Haffey, Council and each staff member introduced their student counter- part for Youth Government Day. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Mr. Lawrence Pera, 758 Baden Avenue, spoke on the following subjects: For a solution for drug problems by legalizing the use; providing concession stands at Orange Park and the swimming pool; having world peace; harassment by the Police; that he would run for Council; building a new building at the Magnolia School site; offered to design the building for recreation, entertainment and underground parking, etc. Mr. Philip Abramo, 55 Daly Court, spoke of going to the bank for an appraisal of his property, for remodeling purposes, and had been told that the appraisal was low because the area was run down. He presented pictures of the area and requested that action be taken to address the run down condition of the neighborhood. Mayor Haffey stated that the information would be submitted to Staff for a future report to the Council. City Manager Birkelo stated that there was an Ordinance on the Agenda tonight that could be related to the issue. Vice Mayor Teglia asked if the property in question was publicly or privately owned. Mr. Abramo stated that the area in 5/8/85 Page 2 AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Minutes of the Special Meeting of 4/24/85 and the Regular Meeting of 4/24/85. e Staff Report 5/8/85 recommending by Motion to deny and refer the following claim to the City's Insurance Adjuster and the City Attorney: a) Claim as filed by Rohit Narain ORAL COMMUNICATIONS question was Oak at the end of Commercial which he believed to be privately owned, and that there was an easement between two houses without a fence with weeds ten feet high. He spoke in depth of parked cars and debris on the site; a van parked against the garage door with the front wheels in the middle of the sidewalk at 935 Commercial; the absence of a sidewalk for the apartments by Santo Christo Hall; garbage in the easement on both sides of 939 and 935 Commercial, etc. Mayor Haffey stated that Item 13 could address many of Mr. Abramo's concerns if implemented by Council. Vice Mayor Teglia suggested that Mr. Abramo's neighbors form an homeowners association to work together and address the problems in the area. COMMUNITY FORUM Vice Mayor Teglia requested that the discussion of a proposal for the South San Francisco Senior Home Repair Improvement Program be agendized for the 5/22/85 meeting. Councilman Damonte announced that the Sister City Committee's dinner dance on 5/18/85 at the Holiday Inn for the ben- efit of the Student Exchange Program. He stated that tickets could be obtained by contacting the City Manager's Office or by calling him. CONSENT CALENDAR Approved. So ordered. 5/8/85 Page 3 AGENDA ACTION TAKEN -" CONSENT CALENDAR 2. a) Continued. alleging damage to his wind- shield as a result of a base- ball game being played at Orange Memorial Park. b) Claim as filed by Cesar Alberto Ausejo alleging personal injuries sustained as the result of a fall into an open hole on a City sidewalk. c) Claim as filed by Dorene M. Curtis, Esq., on behalf of Southern Pacific Transportation Company, alleging that cross- complainants Anthony J. Valencia, et al., have asserted a claim for property damage, personal damages, and other damages as a result of the excessive rainfall/flooding involving the properties located at 150 and 155 Harbor Way in South San Francisco. Southern Pacific Transportation Company's claim is for contri- bution and/or contractual, equitable, and implied indem- nity for any and all amounts which it is required to pay as a result of any settlement or judgement in said action. d) Claim as filed by J. A. Miller, Area Claims Manager on behalf of Pacific Bell, alleging damage to a conduit during construction of sewer facili- ties. Staff Report 5/8/85 recommending by Motion to approve payment of $153.62 to Doris Agee, Managing Agent on behalf of Stonegate Ridge Unit II Homeowners Association for alleged damage to a water supply pipe when hit by a police car door during an emergency call to the Unit. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Addiego. So ordered. Approved. Approved. 5/8/85 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR e Staff Report 5/8/85 recommending adoption of a Resolution author- izing the execution of Supplement No. 6 to the Agreement with Group 4/Architecture, Research and Planning, Inc. for the Civic Center Renovation - Phase II, Project No. PB-81-2A. A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL SUPPLEMENT NO. 6 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO Staff Report 5/8/85 recommending by Motion to accept the Civic Center Renovation, Project No. PB-81-2, as complete in accordance with approved plans and specifications. e Staff Report 5/8/85 recommending adoption of a Resolution approving specifications and authorizing the purchase of equipment for one aerial truck for the electrical department. A RESOLUTION APPROVING SPECIFI- CATIONS, AUTHORIZING THE PURCHASE OF EQUIPMENT AND CALLING BIDS FOR ONE (1) AERIAL TRUCK Staff Report 5/8/85 recommending adoption of a Resolution approving plans and specifications, author- izing the Purchasing Officer to advertise and receive sealed bids for the Rodent Control Program. A RESOLUTION APPROVING SPECIFI- CATIONS AND AUTHORIZING THE WORK AND CALLING BIDS FOR THE RODENT CONTROL PROGRAM Staff Report 5/8/85 recommending adoption of a Resolution approving plans and specifications, author- izing the Purchasing Officer to CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from Agenda under Agenda Review by the City Manager. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discussion by Councilman Addiego. o Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Page 5 AGENDA ACTION TAKEN - CONSENT CALENDAR 8. Staff Report - Continued. advertise and receive sealed bids for the Lux-California-Pine Storm Drain System, Phase I, Project No. SD-83-8. A RESOLUTION APPROVING SPECIFI- CATIONS AND AUTHORIZING THE WORK AND CALLING BIDS FOR THE LUX- CALIFORNIA-PINE STORM DRAIN SYSTEM, PHASE I, PROJECT NO. SD-83-8 Staff Report 5/8/85 recommending adoption of a Resolution of Intention to form an Underground Utility District, and calling for a Public Hearing date of 6/12/85 to determine whether or not the public heal th, safety or wel fare require the formation of said Underground Utility District - Produce Avenue Underground Utility District No. 2. A RESOLUTION OF INTENTION TO FORM AN UNDERGROUND UTILITY DISTRICT - AND CALLING FOR A PUBLIC HEARING TO DETERMINE WHETHER OR NOT THE PUBLIC HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF SAID UNDERGROUND UTILITY DISTRICT e b) Claim as filed by Cesar Alberto Ausejo alleging personal injuries sustained as the result of a fall into an open hole on a City sidewalk.~~ CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Addiego. M/S Addiego/Teglia - To approve the Consent Calendar with the exception of Items No. 2b., 4, 5, 6, 7, 8 and 9. Carried by unanimous voice vote. Councilman Addiego questioned if the claimant had been given counsel as to the appropriateness of this claim when it appeared that this occurred on that por- tion of Westborough Boulevard that might be the County roadway, bearing in mind that a claimant only had 100 days in which to file a claim. City Attorney Rogers stated that he had not given the claimant counsel and was not sure whether the insurance carrier 5/8/85 Page 6 AGENDA ACTION TAKEN 2. b) Claim - Continued. Staff Report 5/8/85 recommending adoption of a Resolution author- izing the execution of Supplement No. 6 to the Agreement with Group 4/Architecture, Research and Planning, Inc. for the Civic Center Renovation - Phase II, Project No. PB-81-2A. A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL SUPPLEMENT NO. 6 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO had advised the claimant. He stated that it was normally the insurance carrier's policy to recommend denial of the claim when the incident occurred on another agency's property rather than the City's. Councilman Addiego stated that as a courtesy to the resident the City should communicate with the claimant before the 100 day time lapse. M/S Addiego/Teglia - To deny and refer the claim to the City's Insurance Adjuster and the City Attorney. Carried by unanimous voice vote. Councilman Nicolopulos expressed concern regarding prior construction problems with the City Hall renovation and questioned who would be responsible for the approval of bills and possible errors in future construction. Deputy City Manager/City Engineer Yee stated that there was no way to assure that there would not be any claims filed by the contractor in the future, whether legitimate or not. He stated that the City would approve payments and ex- plained the process. Mayor Haffey stated that if there was damage due to faulty construction docu- ments or design work the architect or consultant would be held responsible; however if it was due to poor workmanship or that the construction documents were not followed, then it would be the contractor who would be held liable for faulty workmanship. Deputy City Manager/City Engineer Yee stated that the arbitration process was incorporated in the contract. Councilman Addiego stated that it was due to the thoroughness of the consultant in the past during the first phase of the project that allowed the City to be in a strong position today. 5/8/85 Page 7 AGENDA ACTION TAKEN 4. Staff Report - Continued. e Staff Report 5/8/85 recommending adoption of a Resolution approving specifications and authorizing the purchase of equipment for one ~//~y aerial truck for the electrical department. A RESOLUTION APPROVING SPECIFI- CATIONS, AUTHORIZING THE PURCHASE OF EQUIPMENT AND CALLING BIDS FOR ONE (1) AERIAL TRUCK Staff Report 5/8/85 recommending adoption of a Resolution approving plans and specifications, author- izing the Purchasing Officer to advertise and receive sealed bid! ,~~) for the Rodent Control Program. A RESOLUTION APPROVING SPECIFI- CATIONS AND AUTHORIZING THE WORK AND CALLING BIDS FOR THE RODENT CONTROL PROGRAM Staff Report 5/8/85 recommending adoption of a Resolution approving plans and specifications, author- izing the Purchasing Officer to advertise and receive sealed bids for the Lux-California-Pine Storm Drain System, Phase I, Project No. SD -83 -8. I I I I Councilman Nicolopulos stated that he did not want to see any further change orders and Council should have everything incorporated into the present contract. M/S Nicolopulos/Addiego - To adopt the Resolution. RESOLUTION NO. 85-85 Carried by unanimous voice vote. Councilman Nicolopulos questioned the monetary value for the truck being declared surplus. Deputy City Manager/City Engineer Yee stated that the City had not declared the equipment surplus, however his under- standing of the value of the vehicle would be approximately $3,000-5,000. M/S Nicolopulos/Addiego - To adopt the Resolution. RESOLUTION NO. 86-85 Carried by unanimous voice vote. Councilman Addiego questioned if the funds for this program would be drawn from the Sewer Fund. Deputy City Manager/City Engineer Yee stated that the funds would be trans- ferred from the Sewer Fund to Non-Departmental Funds. M/S Addiego/Damonte - To adopt the Resolution. RESOLUTION NO. 87-85 Carried by unannimous voice vote. Councilman Nicolopulos questioned if this project when complete would handle the problem of the water overflow on Lux Avenue. Deputy City Manager/City Engineer Yee stated that that was the intent - to address that problem. 518/85 Page 8 AGENDA ACTION TAKEN 8. Staff Report - Continued. A RESOLUTION APPROVING SPECIFI- CATIONS AND AUTHORIZING THE WORI~) AND CALLING BIDS FOR THE LUX- CALIFORNIA-PINE STORM DRAIN SYSTEM, PHASE I, PROJECT NO. SD-83-8 o Staff Report 5/8/85 recommending adoption of a Resolution of Intention to form an Underground Utility District, and calling for a Public Hearing date of 6/12/85 to determine whether or not the public heal th, safety or wel fare require the formation of said Underground Utility District- Produce Avenue Underground Utility District No. 2. A RESOLUTION OF INTENTION TO FORM APPROVAL OF BILLS 10. Approval of the Regular Bills of 5/8/85. CITY ATTORNEY 11. Staff Report 5/8/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance adding the Historic Preservation Commission to the Model Conflict of Interest Code for the City. 2nd Reading/Adoption AN ORDINANCE AMENDING APPENDIX A TO M/S Nicolopulos/Teglia - To adopt the Resolution. RESOLUTION NO. 88-85 Carried by unanimous voice vote. Councilman Addiego requested clarifica- tion of the costs which would be paid by PG&E. City Attorney Rogers stated that the finding required by Council was that PG&E would pay more than 50% and would pay 100% in accordance with State Law, which stated that the Council would make a determination that PG&E would pay more than 50%. M/S Addiego/Teglia - To adopt the Resolution and set a Public Hearing date. RESOLUTION NO. 89-85 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Addiego - To approve the Regular Bills in the amount of $1,080,634.40. Carried by unanimous voice vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY ATTORNEY Deputy City Clerk Gibson read the title of the Ordinance in its entirety. M/S Nicolopulos/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Nicolopulos/Addiego - To adopt the Ordinance. 5/8/85 Page 9 AGENDA ACTZON TAKEN CITY ATTORNEY 11. Staff Report - Continued. ORDINANCE NO. 827 ENTITLED "MODEL CONFLICT OF INTEREST CODE" DESIGNATING NEW POSITIONS AND APPLICABLE DISCLOSURE CATEGORIES 12. Staff Report 5/8/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance on politi- cal activities of employees. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 3.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS 20 AND 22 OF ORDINANCE NO. 449 ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND RE-ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES" AND ADDING CHAPTER 3.36 ENTITLED "POLITICAL ACTIVITY OF EMPLOYEES" 13. Staff Report 5/8/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance which repeals, consolidates and readopts the provisions of several Ordinances dealing with the subject of the Abatement of Nuisances. I~) 1st Reading/Introduction ~ AN ORDINANCE REPEALING ORDINANCE NOS. 405, 287 AND 345 AND CHAPTERS 8.24, 8.32 AND 8.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.24 ENTITLED "ABATEMENT OF NUISANCES" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE CITY ATTORNEY ORDINANCE NO. 980-85 Carried by unanimous voice vote. Deputy City Clerk Gibson read the title Ordinance in its entirety. Assistant City Attorney Kasper stated that the proposed ordinance removed the constitutionally questionable language in the present City statutes and substi- tuted rules and regulations allowed under the Government Code which prohibited political activity during working hours and in work spaces for employees but allowing other activity. He stated that the ordinance had been presented to the Personnel Board for information purposes and the Board's input was reflected in the ordinance and had been sent to all bargaining units. M/S Damonte/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Addiego/Nicolopulos - To introduce the Ordinance. Carried by unanimous voice vote. Deputy City Clerk Gibson read the title of the Ordinance in its entirety. City Attorney Rogers stated: that the proposed Ordinance had been circulated to Homeowners Associations throughout the City; at the request of Council a commit- tee had been formed of approximately 28 members who had met several times; this ordinance addressed Council concerns with the condition of properties throughout the City; the need to upgrade the ap- pearance of the City generally and that this document would provide minimal pro- perty standards if the property was beginning to harm other people's property values or was creating a hazard to health 5/8/85 Page 10 AGENDA ACTION TAKEN CITY ATTORNEY 13. Staff Report - Continued. CITY ATTORNEY and safety of a neighborhood; that there was a typographical error on page 8 on the first line "vermin and other nuisan- ces'' should read "vermin or other nuisances." He stated that there were three basic categories which are outlined and con- sidered to be nuisances: 1) nuisances to the public health; 2) offensive con- ditions or hazardous premises; 3) dangerous buildings or structures. He stated that in the beginning of the ordinance there was also a declaration that nuisances at common law, or the way the Civil Code defines nuisances in California, are also included to the extent that the City might not be able to find a category to fit a nuisance in this City. He continued, if the City can find, for instance, a case law that has declared something to be a nuisance under California Law, then the City could make an attempt to deal with that nuisance through the Courts. He stated that the first category included ponds, pools or vessels holding stagnate water; accumula- tion of rubbish or manure which were breeding places for mosquitoes, flies, rodents or vermin; dense smoke, noxious fumes, cindors or other particular matter in such quantities as to render the occupancy of property uncomfortable to a person of ordinary sensibilities; plus all acts, conditions, occupations and uses of property which are in violation of the Health and Safety Code. He con- tinued in great length on conditions determined to be hazardous. Councilman Damonte expressed concern over refrigerators which had doors secured by snaplocks or other locking devices that could not be readily released from the inside. He stated that a child would probably not be able to open the refri- gerator door and requested that it read "that any icebox or any box or anything that had a locking device or door should not be discarded or that the seal can- not be opened or the door removed." 5/8/85 Page 11 AGENDA ACTION TAKEN CITY ATTORNEY 13. Staff Report - Continued. CITY ATTORNEY City Attorney Rogers read the following excerpt, "any abandoned, unattended or discarded icebox, refrigerator or con- tainer of any kind which has an opening of such size as to permit the entrance of a child or infant which when closed is airtight or practically so, which has a door secured by a snaplock or other locking device that may not easily and readily be released for opening from the inside of the icebox, refrigerator or container, unless the door, snaplock or other locking device has first been removed therefrom." Discussion followed: on the importance of removing the refrigerator door or sealing the door shut; whether removing the door presented a danger to a child; that the Council did not want any refrigerators outside with doors that were secured by snaplocks; remove everything in the section after locking device in the fifth line and change the ordinance; using the term abandoned, broken or neglected equipment or machinery, or broken or discarded furniture, or other household equipment, etc. City Attorney Rogers read the section on trees, weeds, or other vegetation which by reason of being overgrown, dead, decayed or diseased are likened to harbor rats or other nuisances, or are clear and present a risk of physical injury to inhabitants or occupants of the premises or to the public; etc. Vice Mayor Teglia made mention of the homeowner who spoke at the beginning of the meeting and indicated that the proposed ordinance could help address his concerns. City Attorney Rogers spoke of the problem in Westborough of chipped and peeled exterior finishes that were being addressed in Court. He went on to explain conditions listed as dangerous structures as contained in State Codes which the City had adopted. 5/8/85 Page 12 AGENDA ACTION TAKEN CITY ATTORNEY 13. Staff Report - Continued. (Cassette No. 2) CITY ATTORNEY Mrs. Margret Warren, 790 Stonegate Dr., stated that she had been a member of the Committee participating in the review of the draft ordinance. She emphasized the importance of putting this type of ordi- nance into effect in the City and the need to maintain property in order to attract business and future homeowners. Mr. Dennis Crossland stated that he supported the proposed ordinance and had enjoyed being a part of the Committee that reviewed the draft. Mr. John Prouty, 320 Granada Dr., stated that he also enjoyed working on the draft and commented on the varied main- tenance of property from one home to another which affected property values. He spoke of a home located on Valverde which had become rundown and the new owner spending thousands of dollars to repair the home which had alleviated a blight in the neighborhood. He expressed concern with the section of the ordinance which dealt with landscaping and the possible infringement on the rights of others, however if this was handled fairly it should not present problems. Councilman Damonte questioned Section 8.24.040 which dealt with earth move- ments of such magnitude as to be injurious or potentially injurious to the public. City Attorney Rogers explained that the section talked about the conditions of property such as slides or where the bot- tom of a slope could give way. M/S Teglia/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Damonte - To introduce the Ordinance. 518185 Page 13 AGENDA ACTION TAKEN CITY ATTORNEY 13. Staff Report - Continued. COMMUNITY DEVELOPMENT AND ADMINISTRATION 14. Staff Report 5/8/85 recommending adoption of two Resolutions author- izing the City to enter into a lease agreement with Warmington Company for a strip of City owned property adjacent to Warmington's. A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF LEASE NO. i CITY ATTORNEY Discussion followed: concern that neigh- bors may gang up on one person who may have difficulty in maintaining their pro- perty to the standards of the particular neighborhood; that neighbors should show a burden of proof that there is an impact on property values or some tangible health or safety aspect to the entire community; that it would be dif- ficult for Council to weigh what was offensive to the senses and that this language should be removed from the ordi- nance, etc. Mayor Haffey stated that rather than eli- minate the section it would be better at this time to tighten up the strength of enforcement in the area of the expressed concerns in order to respond to the con- cerns of the citizens. Discussion followed: enforcement of stan- dards of a neighborhood; acceptability of certain standards within neighborhoods; effects of neighboring properties on pro- perty values; that the ordinance was designed to deal with extreme examples and not to mediate disagreements between neighbors; perhaps amending the ordinance in the future to address concerns; use of wordage from the California Civil Code; importance of protecting the rights of individuals; enforcement in a reasonable manner, etc. Mayor Haffey thanked the committee mem- bers who had participated in the prepara- tion of the ordinance. Carried by unanimous roll call vote. COMMUNITY DEVELOPMENT AND ADMINISTRATION Removed from the Agenda under Agenda Review by the City Manager. 5/8/85 Page 14 AGENDA ACTION TAKEN " COMMUNITY DEVELOPMENT AND ADMINISTRATION 14. Staff Report - Continued. BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE ROBERT P. WARMINGTON COMPANY A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF LEASE NO. 2 BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE ROBERT P. WARMINGTON COMPANY 15. Staff Report 5/8/85 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt an Ordinance adding the posi- tion of Senior Civil Engineer to the competitive service and the ,~)/, position of Planning Aide to the~,i~ non-competi rive service. ~~ 2nd Reading/Adoption AN ORDINANCE AMENDING SUBSECTIONS 3.12.010A4 AND B OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SUBSECTION 6A(4) and 6B OF ORDINANCE 449, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND RE-ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES RECESS: RECALL TO ORDER: Staff Report 5/8/85 recommending adoption of a Resolution approving Unit determinations and modifica- tions to Unit #1, and unit #9, Professional, Technical and Office COMMUNITY DEVELOPMENT AND ADMINISTRATION Deputy City Clerk Gibson read the title of the Ordinance in its entirety. M/S Addiego/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Addiego - To adopt the Ordinance. ORDINANCE NO. 981-85 Carried by unanimous voice vote. Mayor Haffey recessed the meeting at 9:10 p.m. Mayor Haffey recalled the meeting to order at 9:36 p.m., all Council present. Mayor Haffey introduced the following faculty members responsible for this Youth Government Day: Mrs. Sonya Warfield, Mr. Gene Mullin, Mr. John Herron, Mr. Steve Simondi. He thanked each of them for their assistance in the program. M/S Teglia/Addiego - To adopt the Resolution. RESOLUTION NO. 90-85 5/8/85 Page 15 AGENDA ACTION TAKEN 253 COMMUNITY DEVELOPMENT AND ADMINISTRATION 16. Staff Report - Continued. Employees which adds the position of Senior Civil Engineer and Planning Aide. A RESOLUTION APPROVING UNIT DETER- MINATION AND MODIFICATIONS AS MADE BY THE CITY MANAGER PURSUANT TO CHAPTER 3.08 OF THE SOUTH SAN FRANCISCO CODE {UNIT 1 AND 9) 17. Staff Report 5/8/85 recommending adoption of a Resolution amending Unit #1 to establish the salary and benefits for the position of Senior Civil Engineer. A RESOLUTION ACCEPTING AND APPROV- ING AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND UNIT NO. 1, MANAGEMENT EMPLOYEES TO ESTABLISH THE SALARY AND BENEFITS FOR THE POSITION OF SENIOR CIVIL ENGINEER 18. Staff Report 5/8/85 recommending adoption of a Resolution amending Unit No. 9 Memorandum of Under- standing to establish the salary and benefits for the position of Planning Aide. A RESOLUTION ACCEPTING AND APPROV- ING AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND UNITS NO. 3 AND NO. 9, TO ESTABLISH THE SALARY AND BENEFITS FOR THE POSITION OF PLANNING AIDE 19. Staff Report 5/8/85 recommending adoption of a Resolution for the certification of the Shearwater Environmental Impact Report. A RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SHEARWATER PROJECT ~,~0~0 COMMUNITY DEVELOPMENT AND ADMINISTRATION Carried by unanimous voice vote. M/S Nicolopulos/Teglia - To adopt the Resolution. RESOLUTION NO. 91-85 Carried by unanimous voice vote. M/S Teglia/Nicolopulos - to adopt the Re$olution RESOLUTION NO. 92-85 Carried by unanimous voice vote. Deputy City Manager/Communi ty Development and Administration Lewis explained the procedures for the preparation, review, comment and certification of EIRs as con- tained in the California Administrative Code. He stated that the proposed Resolution would certify the requirements of that Code: 1) That the final EIR had been completed in compliance with CEQA: 2) That the final EIR had been presented 5/8/85 Page 16 AGENDA A C T I O N T A K E N ~)~ ~ COMMUNITY DEVELOPMENT AND ADMINISTRATION 19. Staff Report - Continued. COMMUNITY DEVELOPMENT AND ADMINISTRATION to the decision making body of the lead agency and that the decision making body reviewed and considered the in(=orma~ion contained in the final EIR prior to approving the project. He stated that the Resolution would not approve the pro- ject, but specifically directed staff to further evaluate the various alternatives and mitigation measures which are con- tained in the final EIR. He explained that the certification did not make any commitment by the Council for any future approval of the Shearwater Project. He stated that under the California Environmental Quality Act of the Code the Council could not approve or carry out a project for which an EIR had identified significant effects unless the agency makes written findings, i.e., 1) changes or alterations had been required which avoid or lessen the significant impacts identified in the EIR: 2) changes or alterations were the responsibility of another public agency and had been or should be required by the agency; 3) specific economic, social or other con- siderations make infeasible the mitiga- tion measures or alternatives identified by the EIR. He explained that only after considering the final EIR and in conjunc- tion with the findings may the lead agency decide whether to or how to approve the project. City Attorney Rogers explained the impor- tance of the wording within the Resolution which clarified that if the project went forward the City would have to deal with issues raised in the EIR, Unless the Council made findings of over- riding consideration in the future. Discussion followed regarding the action to be taken by the Redevelopment Agency and the Council in regard to the EIR. Mayor Haffey presented a letter from ALUC which is attached hereto and made a per- manet part of the record of this meeting. M/S Nicolopulos/Damonte - To adopt the Resolution. 5/8/85 Page 17 RPC: AL, UC REGIONAL AIRPORT PLANNING COMMITTEE · SAN LAND USE COMMISi~.!~I.,,¢::r),. .,,.. UNTY GOVERNMENT CENTER · REDWOOD CITY ' M~:AI~FO O · May 3, 1985 Honorable Richard A. Halley, Mayor City of South San Francisco City Hall, P. O. Box 711 South San Francisco, CA 94080 MATEO COUNTY (415) 364-5600 EXT:4161 Dear Mayor Haffey: SUBJECT: Shearwater Development Project At it's April 11 meeting, the San Mateo County Airport Land Use Committee considered the Shearwater project as an informational item and reviewed our staff's February 21 letter to City staff which commented on the DEIR for the project. While the February 21 letter covered several important points which need to be addressed in the Final EIR for the project, the Committee felt that the following concerns needed to be added or reemphasized: Location of Residential Uses Under Shoreline Departure Flight Path. The Shoreline Departure is a major noise mitigation measure at San Francisco Airport. Use of the Shoreline benefits all communities, including some areas of South San Francisco, affected by departure noise. Locating new residential development along this flight path, which is now generally free of residential uses, could lead to future objections from residents of the project to continued use of the Shoreline Departure. The Committee is very concerned about any action which could compromise an effective noise mitigation measure. 2. High Single Event Noise Levels The February 21 letter addressed the difficulty of insulating interior residential environments against the high single event noise levels at this site. It did not, however, address other impacts of high single event levels. These include effects on activities at the performing arts center, sleep and outdoor activities of project residents. Experience at other locations shows that high single event levels could, despite noise insulation efforts, adversely affect a theater environment or the ability to sleep undisturbed in residences. And, of course, noise insulation has no benefit with regard to outdoor activities which are 5/8/85 Page 17a inevitably a part of "California living." These factors all contribute to ALUC members' serious concern about the appropriateness of this site for residential, performing arts or other uses which can be adversely affected by noise. The ALUC recognizes that the City of South San Francisco has yet to make any formal decision on this project, which as we understand it is still in the EIR stage. And we have been assured that many of our concerns are shared by the City and will be carefully considered as your review of the project progresses. We do, however, feel that it is important to have the same issues raised by ALUC members clearly in the record, so that at some future time, complaints by residents and/or users of the Shearwater project will not compromise use of the Shoreline Departure flight path. We would appreciate your passing our concerns on to the project sponsor, as well as incorporating them into the final EIR. The Committee also discussed the possibility of holding an informational hearing on the project once it is nearer its final form. We therefore request that you send us notice of future hearings on the project or other opportunities to review it as it progresses. Thank you for your consideration. Sincerely, Priscilla Marquez-Mosher, Chairman PM:tb shearwtr.ltr 5/8/85 Page 17b 2 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT AND ADMINISTRATION 19. Staff Report - Continued. ~ r~(~, REC ESS: RECALL TO ORDER: RECREATION & COMMUNITY SERVICES 20. Staff Report 5/8/85 recommending adoption of a Resolution for the use of VISA and Master Charge cards for Recreation and Community Services Department. A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF A MERCHANT AGREEMENT WITH FIRST NATIONAL BANK OF DALY CITY I I I COMMUNITY DEVELOPMENT AND ADMINISTRATION RESOLUTION NO. 93-85 Carried by unanimous voice vote. Mayor Haffey declared a recess at 9:49 p.m. Mayor Haffey recalled the meeting to order at 9:52 p.m., all Council present. RECREATION & COMMUNITY SERVICES Director of Recreation & Community Services Norton stated that the purpose of the Resolution was to allow the Department to start using the acceptance of Visa and Master Card charges, on a trial basis, for program participants. He stated that he had reviewed the pro- posed agreement and that the risks to the City were minimal and this would increase participation in the recreational programs and provide a convenience to the citizens. He explained that the reason for the trial basis was to ascertain what the additional workload or manpower needs would be and if there were administrative problems that would need to be ironed out. Mayor Haffey asked if one of the areas which would be under consideration during the trial basis would be whether there was enough volume in use to overcome the fee charged for the service. Director of Recreation & Community Services Norton stated that there was an option of reviewing the current fees and adding on a small fee, but the intent in the beginning was to rely on increased vol ume. Discussion followed concerning the ser- vice fee charged, which varied from three to six percent, refund policies; presen- tation of sales slips to the bank; pros and cons of the use of the cards; infor- mation provided by the bank with respect to lost or stolen cards; that the use of the cards would remain on a trial basis 518185 Page 18 AGENDA ACTION TAKEN RECREATION & COMMUNITY SERVICES 20. Staff Report - Continued. TECHNICAL AND MAINTENANCE SERVICES 21. Hearing - Show Cause Hearing ~egarding violations of Chapters 14.04 and 14.08 of the South San Francisco Municipal Code occurring at 1410 E1Camino Real, South San Francisco, California. Staff Report 5/8/85 recommending: 1) Open the Hearing and hear testi- mony from the owner of the prop- erty; 2) Close the Hearing; 3) Motion for a Cease and Desist Order. I RECREATION & COMMUNITY SERVICES for a period of one year beginning with the registration for summer classes, etc. M/S Addiego/Damonte - To adopt the Resol ution. RESOLUTION NO. 94-85 Carried by unanimous voice vote. TECHNICAL AND MAINTENANCE SERVICES City Manager Birkelo stated that there was no written staff report submitted because he had indicated in a memorandum that this had been an on-going enfor- cement matter that staff was trying to ascertain the status of today for tonight's meeting. He explained that on the property, which was adjacent to the PG&E easement on the east side of E1 Camino Real and the nursery on the other side, there were two major structures which contained six dwelling units and house approximately 18 people. He explained that the enforcement effort began late in 1984 when it was determined that the three septic tanks serving the property had failed. He stated that there were steps taken to make sure the effluent did not reach Colma Creek. He stated that the three septic tanks had been excavated to gain access for pumping the sewage out. He stated that the condition had been that way for some time; several weeks ago some corrective efforts had begun but had not reached the point by this morning that the public health and safety problems were taken care of; the property owner had been directed to comply with directives by Friday morning to see that all three tanks were completely capped with stand- pipes for pumping purposes and fill the ground level so that no sewage effluent could be spilled on the ground and become available to animals and people on the property itself. He stated that it was a temporary solu- tion to minimize the current safety 5/8/85 Page 19 AGENDA ACTION TAKEN TECHNICAL AND MAINTENANCE SERVICES 21. Hearing - Continued. TECHNICAL AND MAINTENANCE SERVICES problem and time was still needed to determine which of the options was most viable: 1) evacuation of the premises; 2) construction of new septic tank to be built to the County Health Department's standards; 3) whether a sewer system could be brought in close enough proxi- mity to the property so that there could be a hook up. He stated that the City had indicated to the property owner that within two weeks he should present plans to the County Health Department for a proposed septic tank system and if that was the option there was a need to amend the City's Code to allow for septic tanks in existence prior to the time the City prohibited septic tanks in the City. He stated that the Council might consider a permit to extend the tanks for a period of time if the considations warranted. He stated that staff did not have a recommendation at this time for a long term solution but would hopefully have one within two weeks and recommended that the matter be continued to the adjourned regular meeting of 5/13/85 so that if there is not compliance there could be a cease and desist order to be acted upon. Mayor Haffey requested that an in-depth written report be prepared in time for the adjourned meeting before any action was taken by the Council. Vice Mayor Teglia stated that she had a problem with the construction of a new septic tank on the site and referred to a similar incident in which the property owner had been required to hook up to the City sewer system. City Manager Birkelo explained that the closest hook up point to the property was located on Mission Road under the creek and rail road which was a major costly extension. He stated that staff was meeting next week with some of the other property owners to investigate the possibility of an assessment district 5/8/85 Page 20 AGENDA ACTION TAKEN TECHNICAL AND MAINTENANCE SERVICES 21. Hearing - Continued. ITEMS FROM STAFF 22. Staff Report 5/8/85 recommending that the City Council approve a Statement of Intent to purchase certain lands adjacent to Orange Memorial Park. ITEMS FROM COUNCIL 22a. Report by Vice Mayor Teglia on the meeting of the Historical Old Town Homeowners Association Meeting. TECHNICAL AND MAINTENANCE SERVICES which would bring the sewer over the area where a number of properties could be hooked up which would be a difficult and costly endeavor for one property to effect. Mayor Haffey declared the Hearing open. Consensus of Council - To endorse the administrative efforts to direct pro- perty owner to comply with the immediate health and safety matters and continue the Hearing to Monday, 5/13/85. ITEMS FROM STAFF City Manager Birkelo stated that based on prior discussions of Council he recom- mended that Council express interest in the possible acquisition of the property and authorize staff to negotiate for that end, if necessary, to explore the possible use of eminent domain. Consensus of Council - To express Council interest in the possible acquisition of the property. ITEMS FROM COUNCIL Vice Mayor Teglia stated that the persons involved in forming the Association had done so because of their concern in seeing the neighborhood deteriorate and wanted to effect a change. She spoke in detail of the Association's concerns: increased crime; illegal parking, weeds on public and private property; debris brought into the area; garbage evident because many residents did not know that they were required to subscribe to sca- venger service; not disposing of the garbage resulted in an increase of rodents in the area; grafitti; street sweeping program; conditions and activi- ties taking place at Cypress and Pine Park; traffic on Linden Avenue. She requested that staff look at the traffic concerns, particulary at California and Linden. 5/8/85 Page 21 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 22a. Report - Continued. GOOD AND WELFARE CLOSED SESSION 23. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. RECALL TO ORDER: ITEMS FROM COUNCIL She stated that she had brought the concerns to staff for discussion and possible solutions to the problems for the Association. She spoke of the establishment of a liaison program by the Department of Recreation with existing homeowners associations and give aid to other associations that wish to form. She stated that she had given copies of the nuisance abatement ordinance to the Association, and they had been suppor- tive, and felt that many of their con- cerns had been addressed in the Ordinance. She stated that the Association had also discussed the fact that the City will be an entitlement City this year and would be getting its own Community Development Block Grants and would be able to priori- tize how the funds would be spent within the community. She continued, a lot of suggestions had been made for various types of programs that the Association could initiate or the City could help initiate; and the Association could perhaps apply to City for funding under this particular entitlement. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:15 p.m. for discussion of the items listed and City Attorney Rogers stated that the litigation case to be discussed was the matter of Katz vs. the City of South San Francisco. Mayor Haffey recalled the meeting to order at 12:16 a.m., all Council present, and stated that no action had been taken. M/S Addiego/Damonte - To adjourn the meeting to Monday, 5/13/85, at 7:00 p.m., in the City Council Conference Room, at City Hall. 5/8/85 Page 22 AGENDA ACTION TAKEN ADJOURNMENT RESPECTFULLY SUBMITTED: Barbara A. l~attaya, City ~erk City of South San Francisco Carried by unanimous voice vote. Time of adjournment 12:17 a.m. APPROVED: Richard 'A. H~ffey,~ ~y~ ~ City of South San Fr, r~co 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. 5/8/85 Page 23