HomeMy WebLinkAboutMinutes 1985-09-25Chairman Ri chard A. Haffey
Board of Directors:
Roberta Cerri Teglia
Mark N. Addiego
Emanuele N. Damonte
Gus Nicolopulos
MINUTES
Park Recreation and Parkway District
Municipal Services Building
Community Room
September 25, 1985
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, that the members of the City Council of the City of South San
Francisco ex-officio members of the Board of Directors of the South San Francisco
Recreation and Park District, will hold a special meeting on Wednesday, the 25th day of
September, 1985 at 7:20 p.m., in the Municipal Services Building, Community Room, 33
Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Approval of the Minutes of the Special Meeting of 1/7/85 and the Special
Meeting of 1/9/85.
Dated:
2. Staff Report 9/25/85 recommending adoption of a Resolution that grants ease-
ments for undergrounding facilities at the Marina to PG&E from the Harbor
District/City of South San Francisco/Park RecreBtion and Parkway District.
Ex-Officio Chair~l~h ~ the
South San Franci.~I~/~ark Recreation
and Parkway Distri~
September 19, 1985
AGENDA
SPECIAL MEETING
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
Approval of the Minutes of the
Special Meeting of 1/7/85 and the
Special Meeting of 1/9/85.
®
Staff Report 9/25/85 recommending
adoption of a Resolution that
grants easements for undergrounding
facilities at the Marina to PG&E
from the Harbor District/City of
ACTION TAKEN
SPECIAL MEETING
7:30 p.m. Chairman Haffey presided.
Boardmembers present:
Boardmembers absent:
Nicolopulos,
Addiego and
Haffey.
Teglia and
Damonte.
M/S Nicolopulos/Addiego - To approve the
minutes of 1/7/85 and 1/9/85.
Carried by unanimous voice vote.
9/25/85
Page i
AGENDA
ACTION TAKEN
2. Staff Report - Continued.
South San Francisco/Park Recreation
and Parkway District.
A RESOLUTION APPROVING GRANT OF
EASEMENT FROM CITY OF SOUTH SAN
FRANCISCO TO PACIFIC GAS &
ELECTRIC CO. - OYSTER POINT BLVD.
AND OYSTER POINT MARINA
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
§arbara A. Battaya, Secretar~
South San Francisco Park Recreation
and Parkway District
City Manager Birkelo stated that this
item was also on the Council agenda in
that both Bodies had to adopt a
Resolution to accommodate the development
of the lease parcels within the San Mateo
Harbor District's Oyster Point Marina.
He continued, PG&E had requested that the
Bodies grant an easement for gas and
electric utilities in order to provide
the necessary underground electrical ser-
vices to the lessees.
M/S Addiego/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. RPD-3
Carried by unanimous voice vote.
M/S Addiego/Nicolopulos - To adjourn the
meeting.
Discussion followed on the procedure for
dissolving of the District.
Carried by unanimous voice voice.
The meeting was adjourned at 7:32 p.m.
APPRO~ED.: I ~' , /
Ex-Officio Chairman~_/the South San
Francisco Park Recr~.'on and
Parkway Di stri ct '~'
The entries of this Park Recreation and Parkway District meeting show the action taken by
the District 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.
9~25~85
Page 2
Mayor Richard A. Halley
Vice Mayor Roberta Cerri Te§lia
Council:
Mark N. Addiego
Emanuele N. Damonte
Gus Nicolopulos
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATION
AGENDA REVIEW
City Manager Birkelo requested:
- Add Item 8a. Request to set
10/23/85 as a Public Hearing
date to consider the appeal
of D. G. Patel (UP-566/Mod 3)
of the Planning Commission's
decision to deny the Use Permit.
- Add Item No. 8b. Adoption of a
Resolution to support a senior
adult day care program in the
City of South San Francisco.
- Add Item No. 17a. Argument for
Measure A on the 12/10/85
Ballot.
ORAL COMMUNICATIONS
MINUTES
City Council
Municipal Services Building
Community Room
September 25, 1985
ACTION TAKEN
7:38 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Addiego,
Teglia, Damonte and
Haffey.
None.
The pledge of allegiance was recited.
Reverend Johnson, Our Redeemer Lutheran
Church, gave the invocation.
PRESENTATION
Mayor Haffey presented Sister Amy from
Mercy High School with a Proclamation.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Dr. Nancy Jewell Cross, 301 Vine St.,
Menlo Park, gave a presentation to the
Council against Measure A (BART) and
stated that the money should be used for
a better bus service.
9/25/85
Page I
AGENDA
ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
1. Staff Report 9/25/85 recommending
adoption of a Resolution to award
ORAL COMMUNICATIONS
Mr. Larry Smith, 670 Commercial Ave.,
stated that he was a candidate for City
Council and proceeded to relate concerns
of various citizens while campaigning in
the various neighborhoods: traffic at
Commercial and Chestnut wherein motorists
ignore the stop signs; traffic should be
slowed down on North Spruce; should close
off Randolph at the intersection at the
top of the hill; Treasure Island Trailer
Court wants the crosswalk relocated from
Moll oy's to accommodate the people in the
park who cross the street to the bus
stop.
COMMUNITY FORUM
Vice Mayor Teglia spoke of the article in
the San Francisco Chronicle which gave
her political profile and stated that a
few items were out of context: 1) that
she would not be the first Councilperson
to serve more than two terms; 2) that
developer contributions had never been
requested or given for her political cam-
paigns.
Councilman Damonte stated that Vice Mayor
Teglia was named as the main mover of the
Grand Avenue Restoration Project, yet it
was started before the Vice Mayor was
elected to Council.
Vice Mayor Teglia stated that that was
true, that at that time she was on the
Planning Commission and had supported the
project - and was still being sued on the
project.
Councilman Damonte stated that the project
was started with the Council before the
Vice Mayor was elected and that there
were two Councilmembers that were said to
be in conflict. He continued, one of
which was the Vice Mayor because she owned
an apartment building in the project area.
CONSENT CALENDAR
9/z5Z85
Pa§e 2
AGENDA
ACTION TAKEN
CONSENT CALENDAR
1. Staff Report - Continued.
the bid for the purchase of one
Engine Analyzer to the Allen Group
who submitted the lowest respon-
sible bid in the amount of
$18,658.80.
A RESOLUTION OF AWARD OF CONTRACT
FOR ENGINE ANALYZER BID #1682
e
Staff Report 9/25/85 recommending
adoption of a Resolution to author-
ize the Purchasing Officer to
advertise for the purchase of one
Dump Truck 46000 GVW.
A RESOLUTION APPROVING SPECIFI-
CATIONS, AUTHORIZING THE PURCHASE
OF SUPPLIES, EQUIPMENT OR SERVICES
AND CALLING BIDS FOR ONE (1) DUMP
TRUCK 46000 GVW
®
Staff Report 9/25/85 recommending
adoption of a Resolution to award
the bid for the purchase of a
Loader Backhoe Tractor with a front
loader bucket to Case Power &
Equipment who submitted the lowest
responsible bid in the amount of
$40,154.86.
A RESOLUTION OF AWARD OF CONTRACT
FOR A LOADER BACKHOE TRACTOR
®
Staff Report 9/25/85 recommending
by Motion to approve building per-
mit determinations of landmarks at
545-547 Grand Avenue.
e
Staff Report 9/25/85 recommending
adoption of a Resolution that
grants easements for under§rounding
facilities at the Marina to PG&E
from the Harbor District/City of
South San Francisco/Park Recreation
and Parkway District.
A RESOLUTION APPROVING GRANT OF
EASEMENT FROM CITY OF SOUTH SAN
FRANCISCO TO PACIFIC GAS &
ELECTRIC CO. - OYSTER POINT
BOULEVARD AND OYSTER POINT MARINA
CONSENT CALENDAR
RESOLUTION NO. 204-85
RESOLUTION NO. 205-85
RESOLUTION NO. 206-85
Approved.
RESOLUTION NO. 207-85
9/25/85
Page 3
AGENDA ACTION TAKEN
.... CONSENT CALENDAR
6. Staff Report 9/25/85 recommending
adoption of a Resolution that
authorizes the extension of the
Price Club lease.
A RESOLUTION AUTHORIZING EXECUTION
OF AMENDMENT TO EXHIBIT "B" OF THE
GROUND LEASE BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND THE PRICE
COMPANY
®
Staff Report 9/25/85 recommending
adoption of a Resolution awarding
the Influent Pump Station
Improvement Project No. WTP-83-2 to
Monterey Mechanical Co. in the
amount of $348,000 as the lowest
responsible bid.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE INFLUENT PUMP STATION
IMPROVEMENT PROJECT NO. WTP-83-2
e
Staff Report 9/25/85 recommending
adoption of a Resolution accepting
dedication of a quitclaim deed
from Utah International, Inc. for
property located south of the
Rail road/Magnol ia Avenues
Intersection.
A RESOLUTION ACCEPTING QUITCLAIM
DEED FROM UTAH INTERNATIONAL, INC.
FOR PROPERTY LOCATED SOUTH OF
HE RAILROAD/MAGNOLIA AVENUE
INTERSECTION
8a. Request to set 10/23/85 as a
Public Hearing date to consider the
appeal by D. G. Patel of the
Planning Commission's decision to
deny UP-80-566/Mod. 3, a Use Permit
Modification to allow installation
of a satellite dish antenna at
an existing motel at 710 Airport
Blvd. in the C-3 Heavy Commercial
Zone District.
Bb. Staff Report 9/25/85 recommending
adoption of a Resolution supporting
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Addiego.
RESOLUTION NO. 208-85
RESOLUTION NO. 209-85
Public Hearing set for 10/23/85.
505°
9/25/85
Page 4
AGENDA
ACTION TAKEN
CONSENT CALENDAR
8b. Staff Report 9/25/85 - Continued.
a Senior Adult Day Care Program.
A RESOLUTION SUPPORTING A SENIOR
DAY CARE PROGRAM IN THE CITY OF ~I~
SOUTH SAN FRANCISCO
APPROVAL OF BILLS
9. Approval of the Regular Bills of
9/25/85. ~)~
CI-T¥ CLERK
10.
Staff Report 9/25/85 recommending
adoption of a Resolution requesting
the County Clerk of San Mateo
County to render specified election
services for the 12/10/85 Special
Election.
A RESOLUTION REQUESTING COUNTY
CLERK OF SAN MATEO COUNTY TO RENDER
SPECIFIED ELECTION SERVICES
CONSENT CALENDAR
RESOLUTION NO. 210-85
M/S Damonte/Teglia - To approve the
Consent Calendar with the exception of
Item 6.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Teglia/Addiego - To approve the regu-
lar bills of 9/25/85 in the amount of
$873,018.75.
Carried by unanimous voice vote.
Councilman Addiego did not participate or
vote in the claim of Brentwood Market.
CITY CLERK
Councilman Nicolopulos stated that he
wanted to make his position clear that he
still did not feel that this was a
referendumable item and was still not in
favor of a special municipal election as
he had pointed out at the last meeting.
Councilman Damonte stated that he too
would stand on his earlier stance which
was the same as Councilman NicolopulosI
Councilman Addiego questioned if anyone
had information on the progression of the
lawsuit, the legal interpretation in
reference to this matter, and whether it
was absolutely necessary that the City
contract out the election services at
this time. He stated that he was really
inquiring into the timetable at this time
from the City Clerk's aspect.
City Attorney Rogers stated that it was
not necessary to take action at this
meeting and that it could be done at the
9/25/85
Page 5
AGENDA
A C T I O N T A K E N ~'~-
CITY CLERK
10. Staff Report - Continued.
CITY CLERK
next meeting and give the time neccessary
for the County Clerk to act - he had
checked that. He stated that the
lawsuit, in the words of Howard Ehlman,
would be filed momentarily due to
problems within the law.
Councilman Addiego stated that he would
like the City Clerk to respond to his
question. He asked if there was any
possibility that the City would spend
money by entering into this resolution to
set up the election.
City Clerk Battaya stated that pursuant
to Election Code she had set up a time
schedule to facilitate having everything
to the printers 56 days before the elec-
tion for typesetting. She stated that
she had compiled the figures in reverse
from the election date in order to deve-
lope the dates for argument and rebuttals
as it was within the purview of the City
Clerk. She stated that the only charges
that the City would be liable for would
be those of typesetting and that if the
election was called off before the 56th
day the cost would be nominal.
Vice Mayor Teglia stated that the City
Attorney had said that the Resolution did
not have to be passed at this meeting and
suggested acting on the matter at the
next meeting.
City Clerk Battaya stated that adoption
of the resolution at this time was a for-
mal notification to the County Clerk,
because if the election went through she
would need his services for the con-
solidation of precincts and the
employment of election workers. She
stated that it was a normal procedure and
that she had alerted the County Clerk
that Court procedures were eminent and
that the election could be called off and
his services not needed.
Mayor Haffey questioned whether if the
Resolution was passed would it cost the
City any money in the event there was
Court action.
9/25/85
Page 6
AGENDA
ACTION TAKEN
CITY CLERK
10. Staff Report - Continued.
COMMUNITY DEVELOPMENT & ADMINISTRATION
11.
Hearing - To determine whether
construction debris at Gellert
Boulevard and Appian Way is a
public nuisance.
Staff Report 9/25/85 recommending:
1) Hear testimony; 2) Motion to
issue an order of abatement.
CITY CLERK
City Clerk Battaya stated that there
would be minimal costs if the election
was called off in the early stages.
Mayor Haffey stated that he did not have
a problem with acting on the resolution.
M/S Addiego/Haffey - To adopt the
Resolution.
Motion failed by a majority roll call
vote, Nicolopulos, Teglia and Damonte
voted no.
COMMUNITY DEVELOPMENT & ADMINISTRATION
Deputy City Manager/Community Development
& Administration Lewis stated that this
was the first hearing on the nuisance
abatement since the adoption of the
Ordinance.
City Attorney Rogers stated that the
Ordinance required a notice to appear to
be given to the property owner by the
Chief Building Inspector on the subject
abatement of the nuisance and that anyone
who testified at the hearing had to be
sworn in by the City Clerk in order to
consider the testimony.
City Clerk Battaya swore in the Chief
Building Inspector.
Chief Building Inspector Wittwer chro-
nicled the procedures he had taken:
notification by certified mail and the
notice to appear; there was a posting on
the property; an abandoned trailer on the
property; concrete blocks and debris on
the property which the owner did not aba-
te; that the City abated some of the
nuisance and was not paid; that the
recommendation was for the City to take
action to clear the site of the abandoned
trailer and construction. He presented
pictures to the Council of the debris
for their edification, which were then
given to the City Clerk for the public
record of the proceedings.
9/25/85
Page 7
AGENDA
ACTION
TAKEN
COMMUNITY DEVELOPMENI'& ADMINISTRATION
11. Hearing - Continued.
12.
Hearing - To determine whether
debris in front of 822 Maple Avenue
is a public nuisance.
Staff Report 9/25/85 recommending:
1) Hear testimony; 2) Motion to
issue an order of abatement.
13.
Staff Report 9/25/85 recommending:
1) Adoption of a Resolution
appointing Managing Underwriter for
COMMUNITY DEVELOPMENT & ADMINISTRATION
Mayor Haffey invited testimony from those
wishing to speak from the audience.
Ms. Doris Agee, 819 Ridge Court, stated
that as Manager of a Home Owners
Association she had been told by the
Association that they wanted the site
abated.
Mayor Halley closed the Hearing.
M/S Addiego/Teglia - To issue an order
of abatement.
Carried by unanimous voice vote.
Deputy City Manager/Community Development
& Administration Lewis chronicled the
events leading up to this hearing and
stated that the problem had largely been
taken care of: a certified letter was
sent to the owner of the site and the
letter was returned unclaimed; more
complaints were received from the Home
Owners Association; a new notice of aba-
tement was left on the doorstep; a neigh-
bor saw a rat run across the yard;
discussion with the owner of the site; a
notice to appear was sent to the owner
and posted on the property; the three
garbage cans were removed from the front
of the property. He stated that the
remaining problem was two enameled bath
tubs that were still in the yard which
the owner said he intended to use for a
fountain. He stated that bath tubs on
the grass could create a problem and
should be removed.
Mayor Haffey stated that the hearing
should be continued to allow the owner to
take care of the bath tubs.
M/S Teglia/Addiego - To continue the
hearing.
Carried by unanimous voice vote.
Deputy City Manager/Community Developer &
Administration Lewis stated that the
Series A bonds that the City sold in
9/25/85
Page 8
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
13. Staff Report - Continued.
the Gateway Assessment District No.
ST-82-2; and 2) Adoption of a
Resolution of intention to issue
refunding bonds and levy reassess-
ments for the security thereof for
the Gateway Assessment District
No. ST-82-2.
1)
A RESOLUTION APPOINTING
MANAGING UNDERWRITER THE
GATEWAY ASSESSMENT DISTRICT NO.
ST-82-2 (REASSESSMENT OF SERIES
86-A BONDS)
2)
A RESOLUTION OF INTENTION TO
ISSUE REFUNDING BONDS AND LEVY
REASSESSMENTS FOR THE SECURITY
THEREOF THE GATEWAY ASSESSMENT
DISTRICT NO. ST-82-2
(REASSESSMENT OF SERIES 86-A
RECREATION & COMMUNITY SERVICES
14.
Staff Report 9/25/85 recommending
adoption of a Resolution approving
an agreement for a Historical
Survey.
A RESOLUTION AUTHORIZING EXECUTION
OF A CONSULTANT SERVICES AGREEMENT
FOR COMPLETION OF THE HISTORICAL
SURVEY ~
COMMUNITY DEVELOPMENT & ADMINISTRATION
December, 1982, at a net investment cost
of 11.44% and that in the refunding of a
tax-exempt bond issue new bonds were
issued at a lower interest rate to
replace outstanding bonds of a higher
interest rate and lowering the net costs
to the City.
He stated that Homart Development Company
was very interested in the cost saving
which a refunding could offer, but does
not want the liens on its property to
increase. He stated that at the City's
request Bartle Wells circulated requests
to underwriters to submit proposals to
refund the Series A bonds without
increasing the assessment liens on the
parcels. He stated that Dean Witter
Reynolds' proposal was the most
responsive.
M/S Addiego/Teglia - To adopt the
Resolution appointing Managing
Underwriters.
RESOLUTION NO. 211-85
Carried by unanimous voice vote.
M/S Addiego/Teglia - To adopt the
Resolution of Intention to issue
refunding bonds.
RESOLUTION NO. 212-85
Carried by unanimous voice vote.
RECREATION & COMMUNITY SERVICES
M/S Addiego/Teglia - To adopt the
Resolution.
RESOLUTION NO. 213-85
Carried by unanimous voice vote.
9/25/85
Page 9
AGENDA
ACTION TAKEN
COMMUNICATIONS
15.
16.
Request from All Soul's Church for
Council to waive the carnival fees
for the festival on October 11 to
13, 1985.
Request from St. Veronica's Church
for Council to waive the carnival
fees for the festival on
September 27 - 29, 1985.
RECESS:
RECALL TO ORDER:
ITEMS FROM STAFF
17. Discussion of the Youth Commission.
17a.
Argument for Measure A on the
12/10/85 Ballot.
COMMUNICATIONS
M/S Teglia/Nicolopulos - To waive the
carnival fees for All Soul's Church.
Carried by unanimous voice vote.
M/S Damonte Teglia - To waive the car-
nival fees for St. Veronica's Church.
Carried by unanimous voice vote.
Mayor Haffey recessed the meeting at 8:40
p.m.
Mayor Halley recalled the meeting to
order at 9:00 p.m., all Council present.
ITEMS FROM STAFF
Discussion followed: that the ages
should not be changed from 14-20; making
it a formal commission vs. making it an
advisory commission; why there was a need
for a formal commission; that a formal
commission would be subject to the Brown
Act, etc.
Consensus of Council - 1) That the status
would be that of a formal commission;
that the ages would be changed from 13~18
to 14-20; 3) that the number of members
would be reduced from 13 to 9; 4) that
the term of office would be one year.
City Manager Birkelo stated that the City
Clerk had set today as the final day for
the submission of arguments for or
against Measure A for the Special
Election on 12/10/85. He stated that
because of the time factor involved he
had filed the argument with the City
Clerk in favor of Measure A and that
because of tonight's meeting she had
agreed to hold open the deadline to mid-
night to allow Councilmembers who chose
to to affix their name to the argument.
Councilman Damonte questioned what pur-
pose it would serve the individual
Councilmembers to sign the argument.
9/25/85
Page 10
AGENDA
ITEMS FROM STAFF
17a. Argument for Measure A on the
12/10/85 Ballot.
ACTION TAKEN
ITEMS FROM STAFF
City Manager Birkelo stated that if the
individual Councilmembers felt that what
the argument said was factual and
realistic and in accord with his own
beliefs then signing the argument would
express their views to the electorate.
He stated that Council was the only body
that could sign this argument.
Councilman Damonte stated that he had
expressed his views many times on this
topic in discussions and in his votes;
that he was in favor of limited construc-
tion on South Slope; that the people had
heard at the last meeting that he was not
for the referendum; and that he would
vote but was not happy in voting on this
subject.
Councilman Addiego stated that he had had
the opportunity to sign the argument
against Measure A and had not signed the
document.
Councilman Nicolopulos questioned: What
the proper process was; what the proper
time table was in placing this before the
Council for evaluation; for initiating an
action; direction to Staff; notification
to Councilmembers; analysis; scrutiny and
evaluation for the implementation of the
final action.
Mayor Haffey pointed out that he as one
member of this Body that had equal access
to information and questioned Staff as to
when Council knew about the time lines to
put together any kind of argument.
City Manager Birkelo stated that the
whole time frame had been in a two week
period after the Council called the
Special Election at the last meeting and
because of that the Council until tonight
had not had the opportunity to discuss
this in a regular meeting or in between
meetings. He stated that he had not been
too swift in picking up the dates and at
least informally apprising the
Councilmembers of the situation.
9/25/q
Page 11
AGENDA
ACTION
TAKEN
ITEMS FROM STAFF
17a. Argument for Measure A on the
12/10/85 Ballot.
ITEMS FROM STAFF
Vice Mayor Teglia questioned when the
City Manager had been notified that the
argument had to be filed.
. City Manager Birkelo stated that he had
picked it up from a calendar that the
City Clerk had delivered to his office
yesterday and that she had delivered
something to the City Attorney's Office
last Friday.
City Attorney Rogers stated that he had
received the Enterprise Journal's publi-
cation of the election on the 18th
announcing the close of arguments as
9/25/85. He stated that the Clerk had
sent him a copy of the notice to be
published and that yesterday he had
received her calendar for the election.
He stated that there had been an on-going
correspondence between his office and the
Clerk's regarding the chronology of this
election. He stated that his office
disagreed with the Clerk's schedule, he
felt it was unreasonable to have the
arguments closed on the very next meeting
date for the City Council after the elec-
tion had been set; and that the people
who were going to do the printing for the
election indicated they don't need to
receive it until the 50th day before the
election and still meet the deadline;
sliding the timetable would have allowed
this meeting to discuss the argument and
perhaps have another meeting to ratify
the argument.
Councilman Addiego stated that he was
seeing the picture Vice mayor Teglia was
attempting to paint and he thought the
City Clerk should answer as to when the
legal advertisement was placed in the
Enterprise Journal.
City Clerk Battaya stated that the
Election Code directed that between the
89th day and the 75th day, and Government
Code 6066 stated that the Clerk was
required to publish the notice twice.
9/25/q
Page 12
AGENDA
..... ITEMS FROM STAFF
17a. Argument for Measure A on the
12/10/85 Ballot.
ACTION TAKEN
ITEMS FROM STAFF
She continued, that meant that Friday,
9/13/85, that notice had to go to the
paper to be published the following
Wednesday. She stated that she had
called the City Attorney's office 9/12/85
asking for a synopsis of the measure so
she would not have to publish the 51
'pages of the referendum. She stated that
she had sent a memo on 9/13/85, to the
City Attorney, which she had shown to the
City Manager, Councilmembers Damonte and
Nicolopulos today, which enclosed her
notice to be published in the Enterprise
Journal calling for the Special Election
and stating the final date for arguments
and rebuttals to be filed in the City
Clerk's Office. She stated that she had
assumed that the City Attorney was going
to write the argument and that in
notifying him, he would in turn speak to
the City Manager, and advise the Council.
,She stated that her role as City Clerk
had nothing to do with writing the synop-
sis of the measure or the ballot
question, but the rest of the election
she conducted.
Councilman Nicolopulos stated that he had
had to come to City Hall before 5:00 p.m.
today to sign the argument which had
only been written that day by the City
Manager. He stated that he agreed with
the argument, but disagreed with the
implementation.
He stated that three Councilpeople had
stated that this would go to the voters,
however that was not conclusive because
it would be determined by litigation and
a court of law.
He stated that he felt that this item was
not referendumable because it was a
administrative act.
He suggested that in future that these
items be brought to Council with enough
time for Council to evaluate rather than
as this item had been tonight.
9/25/85
Page 13
AGENDA
ITEMS FROM STAFF
17a. Argument for Measure A on the
12/10/85 Ballot.
ACTION
TAKEN
ITEMS FROM STAFF
Mayor Haffey stated that he had spoken to
the City Manager this morning who was
putting together an argument for the full
Council to review this evening - which
was not orchestrated. He stated that he
had received a call at 4:30 p.m. today to
come into City Hall and also sign the
argument which displeased him by the poor
Staff work.
Vice Mayor Teglia stated that she too was
angry with the Staff, because she had
come into City Hall at 4:15 p.m. and the
City Manager was still writing the argument.
Mayor Haffey stated that he had no
problems with his name appearing on the
argument for Measure A.
Vice Mayor Teglia stated that she also
had no problems with her name being on
the argument for Measure A.
Councilman Addiego stated that he felt
the City Manager had written a good argu-
ment in the time frame allowed. He
questioned how many hearings had been
held before the amendment was approved.
City Manager Birkelo stated that there
were two different amendments, one that
didn't go the whole route because of the
Brisbane situation and then a second one,
the window amendment, which amounted to
two hearings.
Councilman Addiego questioned the
wording "it was economically imprac-
tical to redesign the project, scale it
down, number of units, loss of housing
and supporting public improvements." He
stated that he could not remember a time
during the extensive public hearings
where the Council was given specific
information that would let the Body know
what was the breaking even point of the
project.
Discussion followed: that there had been
discussion during the first public
9/25/89
Page 14
AGENDA ACTION TAKEN
ITEMS FROM STAFF
17a. Argument for Measure A on the
12/10/85 Ballot.
CLOSED SESSION
18.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
RECALL TO ORDER:
Staff Report 9/25/85 recommending
adoption of a Resolution that
authorizes the extension of the
Price Club lease.
A RESOLUTION AUTHORIZING EXECUTION
OF AMENDMENT TO EXHIBIT "B" OF THE
GROUND LEASE BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND THE PRICE
COMPANY
ITEMS FROM STAFF
hearing on the 14 alternatives which had
been narrowed down to 1; the breaking
even point for the Developer and still
give the City the 12 million dollars of
improvements that were required.
Ms. Savery, 6 Iris Court, stated that
that question had come up in the public
hearings and Mr. Dean had refused to
answer the question.
Mr. Larry Smith pointed out provi-
sions contained in the Subdivision Map
Act prohibiting the adding of conditions
beyond those imposed at the time of the
approval the tentative map. He con-
tinued, doesn't the act that the Council
is considering constitute an additional
conditions.
City Attorney Rogers said no, because
they are not putting condiditons on a
final map it was the result of the ten-
tative map and that the subdivision map
had been approved.
He stated that the Specific Plan and the
Development Agreement called for the
improvements.
CLOSED SESSION
Council adjourned to a Closed Session at
9:40 p.m. to discuss potential
litigation.
Mayor Haffey recalled the meeting to
order at 9:50 p.m., all Council present,
'no action taken.
M/S Addiego/Teglia - To adopt the
Resolution.
RESOLUTION NO. 214-85
Carried by unanimous voice vote.
9/25/85
Page 15
AGENDA
ACTION
TAKEN
ITEMS FROM COUNCIL
GOOD AND WELFARE
ADJOURNMENT
RESPECTFULLY SUBMITTED,
ITEMS FROM COUNCIL
GOOD AND WELFARE
No one chose to speak.
M/S Damonte/Addiego - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment 9:51 p.m.
APPROVED.
~attay~
City of South San Francisco
San F~sco
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.
9/25/85
Page 16