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HomeMy WebLinkAboutMinutes 1986-01-22Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addiego Counci 1: John "J~ck" Drago Ri chard A. Haffey Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room January 22, 1986 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wedneschay, the 22nd day of January, 1986, at 7:00 p.m., in the Municipal Services Building, Community room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for the purpose of the discussion of litigation. City of Sou~°Der~a ues~ San'eg'~JncMla'Ys~ AGENDA ACTION TAKEN SPECIAL MEETING CALL TO ORDER: ROLL CALL: (Cassette No. 1) 1. Closed Session for the discussion of litigation. ~O~v~ RECALL TO ORDER: ADJOURNMENT: SPECIAL MEETING 7:10 p.m. Mayor Teglia presiding. Council present: Council absent: Nicolopulos, Haffey, Addiego, Drago and Teglia. None. Council adjourned to a Closed Session at 7:11 p.m. for the discussion of litiga- tion: City and County of San Francisco vs. South San Francisco, Case No. 303853. Mayor Teglia recalled the meeting to order at 8:05 p.m., all Council present, instruction had been given to the City Attorney - no action taken. M/S Haffey/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time: 8:06 p.m. 1/22/86 Page I I I I AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED , City of South San Francisco APPROVED. ~_.berta Cerrl Teglia, lqa~r - City of South San Franci~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. 1/22/86 Page 2 Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addiego Council: John "Jack" Drago Richard A. Haffey Gus Nicolopulos AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE PRESENTATIONS: AGENDA REVIEW City Manager Birkelo requested: - Add Item 17a. A Resolution of award of contract Brentwood/ Buri Buri Parks Pathway Project No. PR-82-4/PR-83-3. - Item No. 22 should be continued for one month due to a letter received from the Attorneys for Genstar. - Item No. 25 The bungalow on the School property should be referred to the Magnolia Subcommittee for further review and a report back to Council, rather than be debated tonight. MINUTES City Council Municipal Services Building Community Room January 22, 1986 ACTION TAKEN 8:07 p.m. Mayor Teglia presiding. Council present: Council absent: Nicolopulos, Addiego, Drago, Haffey and Teglia. None. The pledge of allegiance was recited. PRESENTATIONS: Mr. Gus Petropoulos, Acting President of Skyline College, presented a framed historical photograph of the front page of the schedule of classes that depicted the City's City Hall. AGENDA REVIEW City Manager Birkelo stated that the memo from the City Clerk requesting that Items 17a. and 17b. be added, of which 17a. could not be added because the Ordinance under which 17a. was predicated was no longer in effect. He stated that Item 17b. would be added as 17a. So ordered. 1/22/86 Page I AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Minutes of the Adjourned Regular Meeting of 12/18/85 and Special Meeting of 1/8/86. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Mayor Teglia stated that during the past week circulars had been circulated throughout the community, sort of sounding a battle cry that the city was attempting to regulate recreational vehi- cals. She stated that the City was looking at some new laws that were going to be very stringent and perhaps unpopu- lar. She stated that there had been a meeting last night which people had thought was a Council meeting to adopt an Ordinance. She continued, that was not the case, the meeting had been for a citizens committee to examine the question of recreational vehicles and other equipment parked on streets and on property; and how it affected neigh- borhoods. City Clerk Battaya stated that there were members of the Historical Society in the audience and questioned if the Council was removing Item No. 25 without discussion this evening. Mayor Teglia stated that yes, the Council had agreed to remove the item from the agenda. Councilman Haffey stated that the Subcommittee had not had an opportunity to make a recommendation to the full Council, however as soon as he and Councilman Nicolopulos could meet and then have a meeting with the Historical Society there would be a report to the Council. City Manager Birkelo stated that perhaps there should be meetings with the Historical Society or the Chamber of Council before the Subcommittee presented a report to the full Council - perhaps two meetings from now. CONSENT CALENDAR Approved. 1/22/86 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR ® Staff Report 1/22/86 recommending by Motion to accept the Orange Memorial Park Swim Pool Resurfacing Project, Project No. PR-85-2, as complete in accordance with the approved specifications. e Staff Report 1/22/86 recommending adoption of a Resolution to author- ize the Purchasing Officer to advertise for the purchase of one Lift Truck with Transport Trailer. A RESOLUTION APPROVING SPECIFIC- ATIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR LIFT TRUCK WITH TRANSPORT TRAILER BID NO. 1707 Staff Report 1/22/86 recommending adoption of a Resolution to award the bid for new vehicles to Stewart Chevrolet Co. in the amount of $47,731.21 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT BID NO. 1702 ONE MINI VAN, ONE 3/4 T PICKUP, TWO COMPACT PICKUPS, ONE I T CAB & C CHASSIS ® Staff Report 1/22/86 recommending adoption of a Resolution to award the bid for the Hickey/Serra Blvd. Landscape Project to Louis Fornaciari Co. in the amount of $54,160.00 as the lowest respon- sible bidder A RESOLUTION OF AWARD OF CONTRACT FOR THE HICKEY/SERRA LANDSCAPE PROJECT PROJECT NO. PR-85-5, BID NO. 1705 ® Staff Report 1/22/86 recommending adoption of a Resolution to award the bid for Brentwood Park - Zamora Court Playlot Lighting Project, En§lehart Electric in the amount of CONSENT CALENDAR Approved. RESOLUTION NO. 8-86 RESOLUTION NO. 9-86 RESOLUTION NO. 10-86 1/22/86 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 6. Staff Report - Continued. $44,910 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT BRENTWOOD PARK - ZAMORA COURT PLAY- LOT LIGHTING PROJECT, PROJECT NO. PR-85-3, BID NO. 1696 ® Staff Report 1/22/86 recommending adoption of a Resolution approving plans and specifications and authorizing the Purchasing Officer to go to bid for two 1500 Pumper Fire Trucks. ® A RESOLUTION APPROVING SPECIFICI- CATIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR TWO (2) TRIPLE COMBINATION 1500 PUMPER FIRE TRUCKS Staff Report 1/22/86 recommending adoption of a Resolution author- izing Grant applications for construction of a swimming pool at Westborough Park. A RESOLUTION AUTHORIZING THE GRANT APPLICATIONS FOR CONSTRUCTION OF A SWIMMING POOL AT WESTBOROUGH PARK Staff Report 1/22/86 recommending adoption of a Resolution rejecting bids for the Orange Memorial Park- Picnic Area, Paradise Valley Park and Winston Manor #1 Play Equipment Acquisition Project No. PR-85-4, Bid No. 1697. A RESOLUTION REJECTING BIDS ORANGE MEMORIAL PARK-PICNIC AREA, PARADISE VALLEY PARK AND WINSTON MANOR NO. 1 PLAY EQUIPMENT ACQUISITION PROJECT NO. PR-85-4, BID NO. 1697 Staff Report 1/22/86 recommending adoption of a Resolution approving plans and specifications and calling bids for Orange Memorial Park-Picnic Area, Paradise Valley Park, and Winston Manor #1 Park CONSENT CALENDAR RESOLUTION NO. 11-86 Removed from the Consent Calendar for discussion by Councilman Haffey. Removed the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 12-86 1/22/86 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 10. Staff Report - Continued. Play Equipment acquisition Project No. PR-85-4, Bid #1708. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR ORANGE MEMORIAL PARK-PICNIC AREA, PARADISE VALLEY PARK, AND WINSTON MANOR #1 PARK PLAY EQUIPMENT ACQUISITION PROJECT NO. PR-85-4, BID #1708 11. Staff Report 1/22/86 recommending adoption of a Resolution approving plans and specifications, and calling bids for Orange Memorial Park-Picnic Area, Paradise Valley Park and Winston Manor No. i play equipment installation and labor, Bid No. 1709. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR ORANGE MEMORIAL PARK-PICNIC AREA, PARADISE VALLEY PARK & WINSTON MANOR #1 PLAY EQUIPMENT INSTALLATION & LABOR 12. Staff Report 1/22/86 recommending adoption of a Resolution to award the contract for Fairway and West Orange Avenue Sanitary Sewer Construction Project No. SS-83-7 and Linden Avenue and Hillside Boulevard Storm Drain Project No. SD-85-2 to the lowest responsible bidder, Darcy & Harty Construction Inc., in the amount of $48,900.00. A RESOLUTION OF AWARD OF CONTRACT FOR FAIRWAY AND WEST ORANGE AVE. SANITARY SEWER CONSTRUCTION PROJECT NO. SS-83-7 AND LINDEN AVE. & HILLSIDE BLVD. STORM DRAIN PROJECT NO. SD-85-2; BID NO. 1701 13. Staff Report 1/22/86 recommending adoption of a Resolution of Intention to vacate a highway CONSENT CALENDAR RESOLUTION NO. 13-86 Removed from the Consent Calendar for discussion by Councilman Haffey. RESOLUTION NO. 14-86 1/22/86 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR 13. Staff Report - Continued. easement adjacent to and easterly of E1 Camino Real, located north of Kaiser Hospital and south of Macy's Warehouse and to set a Public Hearing date of 2/26/86. A RESOLUTION OF INTENTION TO VACATE A HIGHWAY EASEMENT ADJACENT TO AND EASTERLY OF EL CAMINO REAL, BETWEEN KAISER HOSPITAL AND MACY'S WAREHOUSE 14. Staff Report 1/22/86 recommending adoption of a Resolution author- izing execution of an Agreement with the County of San Mateo and the City to resurface the portion of Westborough Boulevard 300 feet west of West Orange Avenue to E1 Camino Real. A RESOLUTION APPROVING AND AUTHOR- IZING THE EXECUTION OF AN AGREEMENT FOR THE RESURFACING OF WESTBOROUGH BOULEVARD 15. Staff Report 1/22/86 recommending adoption of a Resolution author- izing execution of an agreement with GTA Insurance Services for Workers' Compensation Claims Admi ni st rati on. A RESOLUTION APPROVING AND AUTHOR- IZING THE EXECUTION OF AN AGREE- MENT FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION WITH GTA INSURANCE SERVICES 16. Staff Report 1/22/86 recommending adoption of a Resolution giving tentative approval of a reassess- ment report and set a Public Hearing for 2/12/86 on the reassessment. A RESOLUTION PRELIMINARILY APPROVING REASSESSMENT REPORT, APPOINTING TIME AND PLACE OF HEARING PROTESTS AND DIRECTING NOTICE THEREOF CONSENT CALENDAR Set 2/26/86 as a Public Hearing date. RESOLUTION NO. 15-86 RESOLUTION NO. 16-86 RESOLUTION NO. 17-86 Set 2/12/86 as a Public Hearing date. RESOLUTION NO. 18-86 1/22/86 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR 17. Staff Report 1/22/86 recommending adoption of a Resolution amending the 1985-86 Budget. A RESOLUTION APPROVING AMENDMENT 0-1, 1985-86 OPERATING BUDGET 17a. Staff Report 1/22/86 recommending adoption of a Resolution to award the bid for the Brentwood/Buri Buri Parks Pathway Proj., Proj. No. PR-82-4/PR-83-3 to Esquivel Grading and Paving Inc., in the amount of $36,612.00 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT BRENTWOOD/BURI BURI PARKS PATHWAY PROJECT NO. PR-82-4/PR-83-3 Staff Report 1/22/86 recommending adoption of a Resolution approving plans and specifications and authorizing the Purchasing Officer to go to bid for two 1500 Pumper Fire Trucks. A RESOLUTION APPROVING SPECIFICI- CATIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR TWO (2) TRIPLE COMBINATION 1500 PUMPER FIRE TRUCKS CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Haffey. o RESOLUTION NO. 19-86 M/S Addie§o/Haffey - To approve the Consent Calendar with the exception of Items No. 7, 8, 11 and 17. Carried by unanimous voice vote. Councilman Haffey spoke of a memo from the Fire Chief that made mention of: leasing vehicles rather than buying; and changing the policy of retiring vehicles. He stated that he would like a brief explanation of those two items. Fire Chief Feuerstein stated that the two vehicles were older than twenty years and that if Council effected a new policy it would be in future budget sessions. Councilman Haffey questioned it this bid had been anticipated in this year's operating budget. Fire Chief Feuerstein stated that it was for next year's budget. Councilman Haffey expressed concern on going to bid on items in future budgets that the Council had not approved. 1/22/86 Page 7 A G E N D A A C T I O N T A K E N ~., 7. Staff Report - Continued. o Staff Report 1/22/86 recommending adoption of a Resolution author- izing Grant applications for construction of a swimming pool at Westborough Park. A RESOLUTION AUTHORIZING THE GRANT APPLICATIONS FOR CONSTRUCTION OF A SWIMMING POOL AT WESTBOROUGH PARK City Manager Birkelo stated that it was a bid for a lease purchase agreement which would come back to Council to award the bid after budget sessions. M/S Haffey/Nicolopulos - To approve the Resolution. RESOLUTION NO. 26-86 Carried by unanimous voice vote. Councilman Nicolopulos expressed concern over the fifth whereas in the Resolution in that it was not specific as to who was going to make applications for the grants; and that the third whereas, indi- cated that the Council was committed to the concept. Councilman Haffey stated that it should say that applications for grants would be made by the community. City Attorney Rogers stated that it had left it open so it would be flexible. Councilman Haffey stated that in reference to the fifth whereas the only way that the pool could become a reality was through the acquisition of grants generated by the community. He stated tht there should be another whereas: whereas, the City would set aside the land." He questioned why that was not in the Resolution, which was what Mrs. Waters needed as a tool to make applica- tion for grants. City Manager Birkelo stated that the minutes should reflect that the Council was not instructing the Staff to seek such grants. Mayor Teglia requested the City Clerk to highlight that comment in the minutes. Councilman Nicolopulos questioned the word "authorizes" in the context used, City Attorney Rogers stated that he would change the Resolution in the following 1/22/86 Page 8 AGENDA ACTION TAKEN 8. Staff Report - Continued. 11. 17. Staff Report 1/22/86 recommending adoption of a Resolution approving plans and specifications, and calling bids for Orange Memorial Park-Picnic Area, Paradise Valley Park and Winston Manor No. I play equipment installation and labor, Bid No. 1709. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR ORANGE MEMORIAL PARK-PICNIC AREA, PARADISE VALLEY PARK & WINSTON MANOR #1PLAY~ EQUIPMENT INSTALLATION & LABOR ~v Staff Report 1/22/86 recommending adoption of a Resolution amending the 1985-86 Budget. A RESOLUTION APPROVING AMENDMENT 0-1, 1985-86 OPERATING BUDGET 51~,~ manner: paragraph 1, take out "and authorizes' and add in after applications "by its citizens"; the sixth whereas shall read, "The City of South San Francisco intends to set aside for this purpose land already owned by the City and set aside for park purposes." M/S Nicolopulos/Haffey - To adopt the amended Resolution. RESOLUTION NO. 21-86 Carried by unanimous voice vote. Councilman Haffey questioned if this item had gone before the Park & Recreation Commission. Director of Recreation & Community Services Norton stated that it had. Councilman Haffey stated that in future he wanted to see either a staff report or minutes reflecting the item having been heard by a Board before it went before Council. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 22-86 Carried by unanimous voice vote. Councilman Haffey questioned if there had been anticipation that the ending fund balance would not be able to handle this amendment, or was this totally antici- pated. He further questioned the esti- mate of what would happen and what actually did happen. Finance Director Lipton stated that this reappropriation in no way affected the fund balance as of June 30th, and the money had been set aside for this purpose before the final fund balance was computed. M/S Haffey/Drago - To adopt the Resolution. 1/22/86 Page 9 AGENDA ACTION TAKEN 17. Staff Report - Continued. APPROVAL OF BILLS 18. Approval of the Regular Bills of 1/22/86. CITY ATTORNEY 19. Staff Report 1/22/86 recommending: 1) Motion to waive further reading of an Ordinance; 2) Motion to introduce the Ordinance amending the Conflict of Interest Code. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 2.80 OF THE SOUTH SAN SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 827 ENTITLED "AN ORDINANCE ADOPTING THE FAIR POLITICAL PRACTICES COMMISSION'S MODEL CONFLICT OF INTEREST CODE CITY MANAGER 20. Staff Report 1/22/86 recommending: 1) Motion to waive further reading of an Ordinance; 2) Motion to adopt an ordinance establishing signatures. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 2.22.020 AND REPEALING SECTION 2.22.050 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND OF ORDINANCE NO. 897, AS AMENDED BY ORDINANCE NO. 947, ENTITLED "SIGNATURES" RESOLUTION NO. 23-86 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Nicolopulos/Haffey - To approve the Regular Bills of 1/22/86 in the amount of $1,514,432.98. Carried by unanimous voice vote. Vice Mayor Addiego did not participate or vote in the matter of the Brentwood claim. CITY ATTORNEY City Clerk Battaya read the title of the Ordinance in its entirety. City Attorney Rogers stated that effec- tive 1/1/86 the State Law had changed to add County and City Counsels to file Statement of Economic Interest, Form 721, with the State and no longer file Form 730 which this ordinance would effect. M/S Nicolopulos/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To introduce the Ordinance. Carried by unanimous voice vote. CITY MANAGER City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Drago - To waive further reading of the Ordinance. M/S Drago/Haffey - To adopt the Ordinance. ORDINANCE NO. 997-86 Carried by unanimous voice vote. 1/22/86 Page 10 AGENDA ACTION TAKEN -" COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report 1/22/86 recommending by Motion to deny the request for one-year extension of time for Tentative Subdivision Map SA-83-82 and Residential Planned Development Permit RPD-79-8 (Dominguez/ Eucalyptus Avenue and Stonegate Drive) - Continued from the 1/8/86 meeting. COMMUNITY DEVELOPMENT & ADMINISTRATION Deputy City Manager/Community Development & Administration Lewis read a letter into the record from William L. Hodkin, American Savings & Loan Assoc., dated 1/21/86 (a coPy of which is attached as Exhibit A and a permanent part of the record of this meeting). Director of Planning Smith stated that the Planning Commission recommended that Council deny the requested one-year time extension for Tentative Subdivision Map SA-83-82 and Residential Planned Development Permit RPD-79-8 based on the four findings in the staff report. She stated that Council had continued the item from its 1/8/86 meeting in order that the Developer could provide more assurance that financing was available; and that if the project was extended it would proceed to the final map implemen- tation; and that Mr. Hodkin's letter had spoken to that point. She stated that contrary to the infor- mation given to the Vice Mayor, there had been a change in the time extensions for tentative maps as a result of the amend- ment to the City's Subdivision Ordinance in 1985. She continued, that there had been judicial decisions interpreting the State's Map Act, wherein the tentative map could be approved for two years - not to exceed three years. Mr. Hugh Kost, 7 - 12th Ave., San Mateo, stated that he had had five years of financial experience with Mr. Dominguez, wherein he had amassed $5,000,000 in funds from private sources and lending institution on his behalf. He spoke with high regard of the many construction pro- jects Mr. Dominguez had completed and his visible financial credibility. Mr. Angelo Scampini, 2142 Fillmore St., San Francisco, stated that he was with Times Savings as the officer in charge 1/22/86 Page 11 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION of lending for the association. He stated that he was professionally acquainted with the applicant and had processed other loans which had been satisfactory. He stated that he was not in a position at this time to make a formal commitment on a loan. He stated that he was familiar in large part with the project, having reviewed the file of the position of American Savings, however that could not be construed as a commitment. He stated that the final map documents were such to prohibit his firm from making a commitment. Mr. Richard Zimmerman, Esq., Ellman Burke & Cassiday, stated that he repre- sented American Savings whose position had been previously stated. He stated that Mr. Dominguez owned the property, however there would be a sale of the property on 2/12/86, unless it was redeemed. He continued, if there was a sale American Savings would bid on the property and would go forward with the project if the Tentative Map was extended, otherwise the project would be lost. Discussion followed: on Mr. Dominguez taking care of the default and redeeming the loan; how long it would take to implement and complete the project;; that by the end of the year the grading and three houses would be completed and the remaining houses completed by May of 1987; that there were seventeen units in the project, etc. Mayor Teglia expressed here own and the neighborhood concerns: for what amount and purpose was the money loaned by American Savings for the project to be expended; was the loan in default as to time and/or payments; was the loan a take-out commitment for off-site improve- ments; was the loan for the construction 1/22/86 Page 12 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION of the homes; how much of the applicants money had been put into the project; if the appeal was granted, what would the role of American Savings be; would a new owner lose density rights; would Time Savings provide a loan ample to pay American Savings, remove their lien and record a new first lien on behalf of time; Mr. Dominguez's personal pro- fessional standing as a builder; how Time viewed the risk factor of the loan and loan payment requirements, etc. Mr. Zimmerman responded to the questions: that the loan amount was for 2.436 million and the purpose had been to do the intra structure plus eleven houses; plus work on six buildable lots as allowed by the Tentative Map; there had been a commitment to provide take-out loans to borrowers at the market rate at the time of completion. Mr. Dominguez stated that he had spent $300,000 of his own money on this project. Councilman Drago stated that he did not see any major purpose being served by the denial of the request when staff and the neighborhood did not have any problems with the project. Director of Planning Smith stated that the Council could grant the extension for a shorter or a longer time up to a total of two years. Councilman Haffey stated that if the Council approved a six month extension it would know at the end of that period if Mr. Dominguez had completed the grading, and if not he was in favor of a reduction in density for the project. Vice Mayor Addiego expressed concern over the default of the loan, which did not say very much for Mr. Dominguez's ability to see something through. 1/22/86 Page 13 AGENDA ACTION TAKE N~ COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION Ms. Lucille Creamer stated that she was a resident and a spokesperson for the Park Avenue Heights Home Owners Association. She questioned, if the request for an extension was not granted, and through foreclosure American Savings was the owner of the property, was it the intent of the new owners to go forward with the project; and basically be in the same posture if the extension was granted. Mr. Zimmerman stated that if the map was not extended American Savings would not have a project to develop and the pro- cess would begin anew. He continued, if the map was extended and the property was purchased through foreclosure, then the intent was to go forward and develope in conformance with the Tentative Map. Mayor Teglia stated that if the Council decided not to grant the extension, there were documents and drawings that could be given to a new owner of the property that came into City Hall - even if it meant a lowering of density in the project. Deputy City Manager/Community Development & Administration Lewis stated that if the extension was denied the owner would have to start back at the Planning Commission level to process the application. He stated that he could not say that any kind of reapplication would have automa- tic approval, yet someone could present the prior plan and it could be received by the Planning Commission in a good light. Ms. Creamer stated that the conversation basically addressed the concerns of the home owners: the monitoring of project costs and payments; that the home owners would like to see Mr. Dominguez given the chance to move forward with the project. Mayor Teglia questioned if the Council could have some specified reasonable time period, i.e., 18 or 24 months for comple- tion of the entire project. 1/22/86 Page 14 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report - Continued. (Cassette No. 2) RECESS: Vice Mayor Addiego left the meeting: RECALL TO ORDER: 22. 23. Hearing - Genstar Development Inc., Broadmoor Homes, Northern California Division for a one-year time extension for Tentative Sub- division Map SA-83-81/RPD-79-12, (Lot 4, St. Francis Terrace, Appian Way and Gellert Boulevard). Staff Report 1/22/86 recommending: 1) Hear testimony; 2) Motion to deny the request for a one-year time extension for Tentative Subdivision Map SA-83-81/RPD-79-12. Public Hearing - GP-85-29, Use Permit 85-742, Negative Declaration No. 525 - 304-306 California Ave. (Isaac P. and Betty Guillory), to COMMUNITY DEVELOPMENT & ADMINISTRATION City Attorney Rogers suggested looking at the conditions of the Tentative Map or Subdivision Improvement Agreement to see if it contained such a clause of time frame. Deputy City Manager/City Engineer Yee stated that normally a Subdivision Agreement had one year in which to be completed for streets and intra structures. Discussion followed on the chronology of the responsibility for the lengthy delays in the project since 1979. M/S Drago/Haffey - To overrule the deci- sion of the Planning Commission and allow a six months extension. Carried by unanimous roll call vote. Mayor Teglia declared a recess at 9:45 p.m. Vice Mayor Addiego left the meeting at 9:45 p.m., stating that he did not feel well and would not return. Mayor Teglia recalled the meeting to order at 9:57 p.m., all Council present. The item was continued for one month under Agenda Review. Director of Planning Smith stated that the question at the last meeting had been whether or not their had been proper 1/22/86 Page 15 A G E N D A A C T I O N T A K E~'N b, COMMUNITY DEVELOPMENT & ADMINISTRATION 23. Public Hearing - Continued. amend the definition of the Retail Commercial designation in the Land Use Element of the General Plan to allow Residential/Commercial Mixed Use Development in Planning Area 2 - Continued from the 1/8/86 meeting. Staff Report 1/22/86 recommending: 1) Open the public Hearing and hear testimony; 2) Close the Public Hearing: 3) Motion to approve Negative Declaration No. 525; 4) Adoption of a Resolution. A RESOLUTION APPROVING GENERAL PLAN AMENDMENT GP-85-29 PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 2366 - ADOPTED THE 14TH DAY OF~V] NOVEMBER 1985 24. Public Hearing - Appeal of the Department of Planning/Community Devel opment-Admi ni stration deci sion regarding out-door storage of equipment at 280 Wattis Way in the M-2 Industrial Zone District in accordance with Ordinance 962, as extended, and Title 20 of the ~.~ South San Francisco Municipal Code (Dennis P. Mason, President, Scaffold Mart) - continued from the 1/8/86 meeting. Staff Report 1/22/86 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal. COMMUNITY DEVELOPMENT & ADMINISTRATION notification of the residents, and after investigated it had been determined that they had. Mr. George P. Bugnatto, 216 Juniper Avenue, stated that in principle he was not against a mixed use on Linden and was happy that the blight was being addressed. He expressed concern with the traffic that the project would generate, which he had brought to the Task Force's atten- tion. He questioned what steps the City was going to take to mitigate the new ele- ven car spaces needed for the project. Mayor Teglia requested that Council address mitigation measures and closed the Public Hearing. M/S Haffey/Nicolopulos - To approve Negative Declaration No. 525. Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 24-86 Carried by unanimous roll call vote. Director of Planning Smith reiterated the discussion held at the 1/8/86 meeting and read a letter from Rozzi Dev. Co., Inc. into the record (a copy is attached as Exhibit B and a permanent part of the record of this meeting). Mark D. Hudak, Esq., 216 Park Rd., Burlingame, stated that if the General Plan had intended to outlaw outdoor storage it should have had specific language - which was not the case. He stated that a meeting had been held with Staff and that the question had been 1/22/86 Page 16 A G E N D A A C T I O N T A K E N~'i.~,~ _ ~] COMMUNITY DEVELOPMENT & ADMINISTRATION 24. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION if outdoor storage would be allowed and he had been told maybe. He stated that his client had the right to know what what was expected of them from the City. He stated that the hotel had been notified of Mr. Mason's request and there had been no objections, yet now there was a letter objecting to the use by the hotel. Councilman Nicolopulos stated that the General Plan should have contained speci- fic language rather than Council having to rely on Staff interpretations. Ne stated that in view of the inconsisten- cies in the General Plan his vote would be to uphold the appeal and correct the shortcoming in the General Plan. M/S Nicolopulos/Drago - To uphold the appeal. Councilman Drago stated that outdoor storage was not spelled out in the General Plan and that Mr. Mason should not be penalized because it was vague. Councilman Haffey stated that one of the roles of a Councilman was to make interpretations and rule on appeals. Councilman Drago stated that in his opi- nion outdoor storage was allowed in the General Plan in that area if screened from public view, which was Policy 51. Motion and Second failed, Nicolopulos and Drago voted yes and Haffey and Teglia voted no. City Attorney Rogers stated that the 2-2 vote failed and suggested the item be carried over to the next meeting for a vote by the full Council. Consensus of Council - To carry the item over to the next meeting. 1/22/86 Page 17 AGENDA ACTION TAKEN' ITEMS FROM STAFF 25. Report on the Bungalow Project. 26. Report on legislative matters. ITEMS FROM COUNCIL 27. Report on Pacific International Business Center reorganization. Request that Council finalize a date to interview applicants for Boards and Commissions. GOOD AND WELFARE CLOSED SESSION 29. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. 30. Request to adjourn the meeting to Wednesday, 1/29/86, at 5:00 p.m. at City Hall for a review of the Capital Improvement Program and a joint meeting with the Parking Place Commission for the discussion of the Master Parking Plan. ~1~] ADJOURNMENT ITEMS FROM STAFF Turned over to Subcommittee for future report to Council under Agenda Review. City Manager Birkelo requested authoriza- tion to draft a Resolution in support of the Deep Pockets Initiative. ITEMS FROM COUNCIL Mayor Teglia read a letter into the record from Rich Diodati requesting par- ticipation of the City in an advisory capacity to consult and advise on City issues and procedures relating to PIBC needs (a copy of which is attached as Exhibit C and a permanent part of the record of this meeting). Consensus of Council - To direct the City Manager to respond to the letter. Mayor Teglia requested that the City Manager poll the Council for a potential meeting date. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Mayor Teglia stated that a Closed Session would not be held this evening. M/S Haffey/Drago - to adjourn the meeting to Wednesday, 1/29/86, at 5:00 p.m. at City Hall. Carried by unanimous voice vote. Time of adjournment 10:49 p.m. 1/22/86 Page 18 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Ba~r a ra~A. Battaya ,~rk City of South San Francisco APPROVED. 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. 1/22/86 Page 19 AMERICAN SAVINGS AND LOAN ASSOCIATION A J~,ERVlCE OF FINANCIAL CORPORATION OF AMERICA EXHIBIT NO. - ...... ' ...... '-"': January 21, 1986 The Honorable City Council City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Re: Request for Extension of Tentative Subdivision Map SA-83-82 and Residential Planned Development Permit RPD-79-8; Hearing Date: January 22, 1986 Dear Madam Mayor Teglia, Vice Major Addiego, and Council Members Haffey, Nicolopulos and Drago: We are writing to ask that the Council grant Mr. Renan Dominguez's request for a one-year extension of his Tentative Subdivision Map and Residential Planned Development Permit for the Viewmont Terrace Project on Stonegate Drive. The Council, at its January 8, 1986 meeting, continued the hearing to January 22, 1986 to see if a financially responsible entity would provide assurances that the project will be completed if the Tentative Map is extended. American Savings and Loan Association is the first lienholder on Mr. Dominguez's property and has advanced substantial sums for the purchase and preliminary development of the property. However, as we stated through our attorney at the last Council meeting, Mr. Dominguez is the current owner of the property. We cannot make any commitments on behalf of Mr. Dominguez, and as long as he is the owner, we cannot act in any way which might interfere with his ownership and use of the property. However, as our attorney also stated at the last Council meeting, Mr. Dominguez has defaulted on our loan to him. The notice of default was recorded September 23, 1985; the notice of sale was recorded January 17, 1986; and the sale date is February 12, 1986. Mr. Dominguez has the right to redeem the property by paying all amounts due under the note prior to the February 12, 1986 sale date. If he fails to do so, the property can be sold that day to the highest bidder. If the property is not redeemed, American Savings intends to bid the amounts owed to it at that sale. We have reviewed the Tentative Map and other documents related to the proposed development. If American Savings were to acquire the property at the foreclosure sale, and if the Tentative Map were extended by the Council at the January 22 meeting, American Savings would develop the property itself, or with a joint venture partner, in conformity with the Tentative Map. 1/22/86 Page 20 American Savings and Loan Association, 300 N. Harrison Street, P.O. Drawer D, Stockton, California 95201, Phone (209) 942-6300 Honorable City Council January 21, 1986 Page 2 The Project Development Department of American Savings and Loan has substantial experience in the successful development of residential projects acquired through or in lieu of foreclosure. We also have been advised by Robert Yee, Deputy City Manager and City Engineer, that the majority of the requirements for final map approval have been met. The only items remaining for approval are: minor changes to the map (requiring approximately one-half hour of drafting time), submission of new estimates of engineering costs, submission of a copy of the most current map, execution of a subdivision agreement with the City, (the terms of which have been agreed upon), installation of utilities, and payment of certain fees in the approximate aggregate amount of $22,000. We are confident these requirements can be met in a relatively short time, thereby removing the final impediments to the construction of improvements which will resolve existing slope drainage and stability problems. In contrast, if the Tentative Map is not extended, a new map would be required. The need to complete environmental reviews and obtain new approvals for an economically viable project would delay the construction of improvements for a substantial period. Even if a new project could be designed, reviewed and approved in record time, the developer would likely miss the May through October 1986 grading "window", delaying commencement of construction for more than a year. Mr. Dominguez will need an extension of the Tentative Map to obtain other funding and move forward with the Project. If Mr. Dominguez cannot obtain the funds necessary to redeem the property, and if American Savings is the successful bidder at the foreclosure sale, it (or any other purchaser at the foreclosure sale) will need an extension of the Tentative Map in order to complete the Project in a timely and economically viable manner. Substantial time and energy has gone into this Project as defined in the Tentative Map, much of which will be lost if the extension is denied. Denial also would delay completion of work on the Project even further. Accordingly, American Savings and Loan respectfully requests that you extend the Tentative Map and Development Permit for one year. Thank you for your consideration. Siierely, / Will~am L. Hodkin Senior Vice President WLH:rl 1/2Z/86 0293 Page EXHIBIT NO. January 22, 1986 Ms. Jean T. Smith, Planning Director City of South San Francisco Planning Division City Hall, P.O. Box 711 South San Francisco, Ca. 94083 RE= SCAFFOLD MART 280 Wattis Way r~ Dear Ms. Smith; I regret that we will be unable to have a represen- tative present at the Wednesday night meeting of January 22, 1986. Therefore, please accept this letter, expressing our concerns regarding the storage of materials at 280 Wattis Way, as our position in this matter. As you know, we have committed ourselves to the deveop- ment of a five story addition to the south of our existing structure. This new structure will house one hundred addi- tional guest rooms as well as meeting room facilties. Before proceeding with a project of this scope, a study was made to assess what direction the immediate area was going to take in terms of development and what impact it would have on our project. The area east and south of us was our greatest concern, which we have discussed with the planning department in the past. This area is designated as Planned Industrial as outlined in the City's General Plan and does not allow for open storage. Although coinidental with our marketing study, but very much to our interest and liking, we were told by the planning staff that the city was in the process of nego- tiating with the Scaffold Mart to comply with the city's zoning ordinance. In the interest of maintaining the intent of the city's zoning ordinance we would like to see some sort of addition or alteration to their property to screen their scaffolding and equipment from our project. Although not discussed previously but relates somewhat to the subject is the storage of their scaffolding against the fence at our east property line that we constructed. The fence was not designed to support latteral loads and could fail under these conditions. 1/22/86 Page 22 OSSI DEVELOPMENT CO., INC. Aechitec~;ure 2053 I~ioneer C~ourC Planning Sam Msteo Cslifornis 94403 George ~1, Rossi Construction ~, Financing [415] 573-1000 Robert H. Rossi Page two It is not in our interest to create a hardship for the owner of this property. However, after working closely with the city to make sure that we comply with all standards and ordinances we would like to see that others are expected to do the same. Thank you in advance for considering our position in this matter. Yours in behalf of Evergreen and Associates and Rossi Development Co.,Inc. Sincerely, Robert H. Rossi President CC: Dave Connor 1/22/86 Page 23 January 14, 1986 The Honorable Mayor Roberta Teglia City of South San Francisco Post Office Box 711 South San Francisco, California 94083 @ NO. Dear Robg. rta~ The years 1984 and 1985 have been important start-up years for Pacific Inter- national Business Center as an organization. This year end a half time period has been one focused primarily on establishing our structure and orienting our organization into the changing South San Francisco economy and community as well. as San Mateo County. We look forward to 1986 with an aggressive marketing program promoting Pacific International Business Center as well as South San Francisco as a very viable and desirable business location and destination area. It is because of this reaffirmation of purpose and emphasis in marketing that we have made a decision to evaluate and restructure our Board of Directors and membership categories. At the Pacific International Business Center Board of Directors meeting of December 12, 1985, action was taken to alter the City of South San Francisco and the South San Francisco RedeveloA~nent Agency's involvement in the organi- zation. It is unanimously recognized that without the initial support and involvement of the City of South San Francisco, Pacific International Business Center would probably never have gotten off the ground. This concept of competing developers and the City working together is unique and oftentimes difficult. Because of the commitment of the City and the con~nitment of your Council and staff, we have our first and most difficult year behind us. We would hope to retain the participation of the City in an advisory capacity to consult and advise on City issues and procedures relating to PIBC needs and requests for information and/or assistance. Your acknowledgment and concurrence regarding this proposed restructuring is requested. At that time a resolution can be adopted by our Board to adjust the Bylaws and reflect this change. Again, thank you for your consistent support. Although in a different capa- city, we look forward to continuing to work with you on the previously dis- cussed appropriate mutually beneficial projects to the good of South San Francisco and Pacific International Business Center. Sincerely, PACIFIC INtERnaTIONAL BUSINESS CENTER R~ich Diodati, President 1/227~86 Page 24 Point Boulevard, Suite 106, South San Francisco. CA 94086 · Telephone 415/583-92~ · Telex 910-372-2054 RESOLUTIONS OP THE BOARD OP DIRECTORS OF THE PACIFIC INTERNATIONAL BUSINESS CENTER The undersigned, constituting all of the directors now in office of TBE PACIFIC INTERNATIONAL BUSINESS CENTER, hereby adopt the following resolutions pursuant to the By-Laws of this Corporation: WHEREAS, this Corporation was 'incorporated for the specific purpose of encouraging and' promoting the development and improvement of business and commerce in the Highway 101 corridor in the City of South San Francisco; WHEREAS FURTHER, funds contributed to this Corporation were con- tributed with the understanding that the funds would be used only in furtherance of this specific purpose and particularly for the construction of a promotional sign and that the Corporation would be operated as a nonprofit organization; NOW THEREFORE, BE IT RESOLVED, that the Board of Directors acknow- ledges that this Corporation holds the funds it has received from contri- butions in trust only in furtherance of the limited specific purpose for which the Corporation was incorporated and particularly for the cons- truction of a promotional sign. FURTHER RESOLVED, that the President of this Corporation be and he is hereby, authorized and directed to take all actions necessary to implement the foregoing resolutions. Dated: December 12, 1985 1/22/86 Page 25