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