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HomeMy WebLinkAboutMinutes 1986-05-14Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addie§o Counci 1: John "Jack" Drago Richard A. Haffey Gus Nicol opulos MINUTES City Council ~ Municipal Services Building Community Room May 14, 1986 0188 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS PROCLAMATION - DROWNING PREVENTION MONTH - MAY 1986 ~ % PROCLAMATION - PARLIAMENTARY LAW MONTH MAY 1986 ,.~Jm ~ PROCLAMATION - YOUNG ASTRONAUTS MONTH MAY 1986 ,~ PROCLAMATION - MENTAL HEALTH MONTH MAY 1986 AGENDA REVIEW City Manayer Birkelo Requested: - Remove Item No. 22 from the agenda. - Add Item No. 27a. - A brief report on the Serramonte Park Plaza. City Attorney Rogers Requested: - Remove Item No. 17 from the Consent Calendar for discussion. ACTION TAKEN 7:40 p.m. Mayor Teglia presiding. Council present: Council absent: Nicolopulos, Addiego, Drago, Haffey and Teglia. None. The pledge of allegiance was recited. Reverend Rodriquez, First Southern Baptist Church, gave the invocation. PRESENTATIONS Mayor Teglia described the Proclamation that there was no one in attendance to accept the same. Mayor Teglia presented the Proclamation to Ms. Edna Harks. Vice Mayor Addiego presented the Proc- lamation to Mr. John Flora. Mr. Flora spoke of the history of the young astronaus at the University of North Dakota and that locally Safeway had sponsored a chapter. He presented Mr. Sam Catgoudi and five students from the organization. Councilman Haffey read the Proclamation aloud and stated that it would be pre- sented Friday evening. AGENDA REVIEW So ordered. So ordered. 5/14/86 Page I AGENDA ACTION TAKEN 0189 AGENDA REVIEW Mayor Teglia Requested: - Remove Item No. 16 and delay for two weeks. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS COMMUNITY FORUM Discussion of the pros and cons of Proposition No. 51. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Mayor Teglia stated, that for the edifica- tion of the Council and the viewing audience, there would be a discussion of the pros and cons of Proposition 51. She stated that Vice Mayor Addiego would read a brief description of Proposition 51; that Quinton Kopp, an Attorney and Supervisor from San Francisco, would speak on behalf of the Proposition; then Pat Coddy, DES Action Consumers Group and one of the signatories against Proposition 51, would speak against. She stated that there would not be a debate and there would not be a rebuttal or anything beyond the individual statements. Vice Mayor Addiego stated that Proposition 51 had already received a good deal of play on the television tube and that there had been some alleged distortions on either side. He stated that for the record, the title was multiple defendants tort damage liability and that on the ballot the plaintiffs non-economic damage recovery was limited to defendents liability based on the defendents percentage of fault. He stated that the fiscal impacts were substantial savings to State and Local Governments and would be several millions of dollars per year, and that would vary significantly from year to year as stated on the ballot. Quinton Kopp, Esq.,, San Francisco Supervisor, gave a dissertation in sup- port of Proposition 51 and utilized his thirty years experience as an attorney in his summation. 5/14/86 Page 2 AGENDA ACTION TAKEN 0190 COMMUNITY FORUM COMMUNITY FORUM Ms. Pat Coddy, DES Action Group, spoke against Proposition 51 and crusaded for the right of the people to safe products and procedures by making people respon- sible for their actions. Mike Valencia, Esq., stated that Wednesday, 5/28/86, at the Brentwood Lodge Chamber of Commerce luncheon, there would be a debate on the pros and cons of Proposition 51. CONSENT CALENDAR CONSENT CALENDAR Minutes of the Special Meeting of 2/26/86, Regular Meeting of 2/26/86, Regular Meeting of 3/12/86, Adjourned Regular Meeting of 3/19/86 and the Regular Meeting~o of 3/26/86. Approved. Staff Report 4/9/86 recommending that the following claims be denied and referred to the City's Insurance Adjuster and the City Atto rney: So ordered. a) Claim as filed by Sherry O. Haworth, Atty., Lakin Spears, on behalf of PAL Plumbing, Inc. based upon Apportionment of Fault, Indemnification and Declaratory Relief arising out of a Cross-Complaint filed in Superior Court of CA, County of San Mateo, Case Number 296056; b) Claim as filed by Lewis & Lewis, Attys. at Law, on behalf of Carmen Schafer who alleges bodily injury from a dangerous condition at Arroyo Drive and E1 Camino Real crosswalk. So ordered· Letter dated 5/1/86 from Quinton R. Robertson requesting that a Public Hearing be set for 5/28/86 to con- sider the appeal of the Planning Commission decision of 4/24/86 relative to UP-850743/Mod 1, to ~~ Public Hearing set for 5/28/86. 5/14/86 Page 3 AGENDA ACTION TAKEN 0191 CONSENT CALENDAR 3. Letter - Continued. modify Use Permit UP-85-743 to allow occupancy of one of the tenant spaces in Winston Manor Shopping Center by a bakery at 123 Hickey Blvd. in the C-1 Neighborhood Commercial Zone District. Staff Report 5/14/86 recommending adoption of a Resolution to author- ize the Purchasing Officer to advertise and call for bids for Custodial Paper Supplies. A RESOLUTION APPROVING SPECIFICA- TIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR CUSTODIAL PAPER SUPPLIES BID NO. 1731 ® Staff Report 5/14/86 recommending adoption of a Resolution to author- ize the Purchasing Officer to advertise and call for bids for Liquid Chlorine. A RESOLUTION APPROVING SPECIFICA- TIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR LIQUID CHLORINE BID NO. 1730 Staff Report 5/14/86 recommending adoption of a Resolution to author- ize the Purchasing Officer to advertise and call for bids for printing of the Quarterly Leisure Activities Brochures for the Fiscal Year 1986-87. A RESOLUTION APPROVING SPECIFICA- TIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR BID NO. 1732 Staff Report 5/14/86 recommending by Motion to accept as complete the Off-Site Public Improvements for 800-890 Dubuque Avenue. CONSENT CALENDAR RESOLUTION NO. 86-86 RESOLUTION NO. 87-86 RESOLUTION NO. 88-86 So ordered. 5/14/86 Page 4 AGENDA ACTION TAKEN 0192 CONSENT CALENDAR e Staff Report 5/14/86 recommending adoption of a Resolution author- izing the execution of Supplement No. 7 to Group 4/Architecture, Research and Planning's Agreement on the Civic Center Renovation Project - Phase III, Project ~~ PB-81-2B. A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF SUPPLEMENT NO. 7 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO e Requesting the adoption of the following Resolution to include the new City Treasurer on the Local Agency Investment Fund. A RESOLUTION AUTHORIZING DEPOSIT IN AND WITHDRAWALS FROM THE LOCAL AGENCY INVESTMENT FUND 10. Staff Report 5/14/86 recommending adoption of a Resolution approving plans and specifications, authorize the work and call bids for the Westborough Street Light Conversion Phase I, Project No. ST-85-2. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZE THE WORK AND CALL BIDS FOR THE WESTBOROUGH STREET LIGHT CONVERSION PHASE I, PROJECT NO. ST-85-2 11. 12. Staff Report 5/14/86 recommending by Motion to accept as complete the 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 in accordance with the approved plans and speci- fications. ~0 ~0 Staff Report 5/14/86 recommending adoption of a Resolution author- CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Haffey. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 89-86 So ordered. 5/14/86 Page 5 AGENDA ACTION TAKEN 0193 CONSENT CALENDAR CONSENT CALENDAR 12. Staff Report - Continued. izing execution of an architectural services contract for the construc- tion of the Westborough Center Project. .~0 ~7 A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN ARCHITECTURAL SERVICES AGREEMENT FOR THE WESTBOROUGH PARK BUILDING PROJECT RESOLUTION NO. 90-86 13. 14. Staff Report 5/14/86 recommending by Motion to accept as complete the demolition of the building at 145 Belle Air Road, Project PB-85-2 in accordance with the approved plans and specifications. ~~6 Staff Report 5/14/86 recommending adoption of a Resolution approving an agreement for Paramedic Training Field Internship Experience between the City and the Superintendent of Schools of Santa Cruz County. o~Z9 So ordered. A RESOLUTION APPROVING AGREEMENT FOR PARAMEDIC TRAINING FIELD INTERNSHIP EXPERIENCE BETWEEN THE OFFICE OF THE SUPERINTENDENT OF SCHOOLS OF SANTA CRUZ COUNTY AND THE CITY OF SOUTH SAN FRANCISCO FIRE DEPARTMENT RESOLUTION NO. 91-86 15. Staff Report 5/14/86 recommending adoption of a Resolution that revises the job specifications for paramedic/fi refighter. S~C>~ A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN BY REVISING THE JOB SPECIFICA- TIONS FOR PARAMEDIC/FIRE FIGHTER Removed from the Consent Calendar for discussion by Councilman Nicolopulos. 16. Staff Report 5/14/86 recommending adoption of a Resolution approving an agreement for Workers Compensation Claims Administration with Advanced Claims Technologies. Removed from the Consent Calendar by Mayor Teglia and the item was continued. A RESOLUTION APPROVING AND I 5/14/86 Page 6 AGENDA ACTZON TAKEN 0194 CONSENT CALENDAR 16. Staff Report - Continued. AUTHORIZIN6 THE EXECUTION OF AN AGREEMENT FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION WITH ADVANCED CLAIMS TECHNOLOGIES AND RESCINDING RESOLUTION NO. 17-86 17. Staff Report 5/14/86 recommending by Motion to approve the request from the North Peninsula Neighborhood Services Center Inc. to designate the building at 314 Baden Avenue as a historic resource. Staff Report 5/14/86 recommending adoption of a Resolution author- izing the execution of Supplement No. 7 to Group 4/Architecture, Research and Planning's Agreement on the Civic Center Renovation Project - Phase III, Project,.~o~ PB-81-2B. A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF SUPPLEMENT NO. 7 TO THE AGREEMENT TO FURNISH ARCHITECTURAL AND RELATED DESIGN SERVICES TO THE CITY OF SOUTH SAN FRANCISCO CONSENT CALENDAR Removed from the Consent Calendar for discussion by the City Attorney. M/S Haffey/Drago - To approve the Consent Calendar with the exception of items no. 8, 9, 15, 16 and 17. Carried by unanimous voice vote. Councilman Haffey stated that the City Hall renovation had been completed and questioned this item. Deputy City Manager/City Engineer Yee stated that this item was for the cupola at City Hall which needed to be completed before next winter. Councilman Halley questioned why it had been put on the Consent Calendar. Mayor Teglia stated that this would be discussed in the Capital Improvement Budget. Vice Mayor Addiego questioned why staff was buying things for FY 1986-87. Deputy City Manager/City Engineer Yee stated that it was part of the procedure to allow the Purchasing Officer to go out to bid, however the monies were not com- mitted until the budget was approved. Consensus of Council - To carry the item over. 5/14/86 Page 7 AGENDA ACTION TAKEN 0195 8. Staff Report - Continued. 0 15. 17. Requesting the adoption of the following Resolution to include the new City Treasurer on the Local Agency Investment Fund. ~~/ A RESOLUTION AUTHORIZING DEPOSIT IN AND WITHDRAWALS FROM THE LOCAL AGENCY INVESTMENT FUND Staff Report 5/14/86 recommending adoption of a Resolution that revises the job specifications for paramedic/firefighter. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN BY REVISING THE JOB SPECIFICA- TIONS FOR PARAMEDIC/FIRE FIGHTER Staff Report 5/14/86 recommending by Motion to approve the request from the North Peninsula Neighborhood Services Center Inc. to designate the building at 314 Baden Avenue as a historic resource. Councilman Nicolopulos questioned what the cost would be for the cupola. Deputy City Manager/City Engineer Yee stated that the architect fee was $30,000 and the cupola was $150,000. Councilman Nicolopulos questioned if the money was not needed for day-to-day investments. City Manager Birkelo stated that the Resolution was needed to allow investment in State Funds by the Treasurer of record. M/S Nicolopulos/Drago - To adopt the Resolution. RESOLUTION NO. 92-86 Carried by unanimous voice vote. Councilman Nicolopulos asked if Councilman Drago had any questions on this item. Councilman Drago stated that in future he would like to see the old job specifica- tions attached to the new specifications to determine what changes had been made. M/S Nicolopulos/Addiego - To adopt the Resolution. RESOLUTION NO. 93-86 Carried by unanimous voice vote. City Attorney Rogers stated that if the Council took the advice recommended by the Staff Report, the Council would be acting, in his opinion, outside its authority. He stated that the Council had adopted an Ordinance establishing a Historic Preservation Commission and that this matter had to be referred to that body for public hearings and a deter~ mination. He stated that if this created a problem with the variance, it could be extended. 5/14/86 Page 8 AGENDA ACTION TAKEN 0196 17. Staff Report - Continued. He stated that he understood that an application for this designation had been filed before the Commission had been seated. He stated that he felt a Public Hearing should be held on this item before any action was taken. M/S Nicolopulos/Haffey - To follow the City Attorney's advice and turn the matter over to the Historic Preservation Commission for Public Hearing and disposition. Ms. Ortenzia Lopez, Neighborhood Services, stated that the variance would expire on May 23rd and that all during the process, she had not known that this was required. She stated that she had met with the Historical Society, who had agreed that it was an acceptable project, and she was concerned that a delay would cause a financial hardship for the Agency. Director of Planning Smith stated that the Applicant could apply for an exten- sion of the variance. Mayor Teglia stated that it was not this Body's contention to cause a hardship and questioned how long the Agency had owned the property. Ms. Lopez stated that the Agency had owned the property for two years. Vice Mayor Addiego pointed up the dif- ference between the Historical Society and the Historic Preservation Commission. He suggested that the Commission be coun- ciled on its duties and responsibilities. Discussion followed: that after the Commission was constituted there would be time for counciling; that the owner was applying for the designation and the City was the major adjacent land owner; that the City Attorney had said it would be a defective decision if the Council ruled on this item and the Council had no choice but to refer it to the Commission; 5/14/86 Page 9 AGENDA ACTION TAKEN 0197 17. Staff Report - Continued. APPROVAL OF BILLS 18. Approval of the Regular Bills of 5/14/86. CITY MANAGER 19. Staff Report 5/14/86 recommending adoption of a Resolution appointing Ms. Valerie J. Armento to fill the vacant position of City Attorney. A RESOLUTION APPOINTING VALERIE J. ARMENTO AS CITY ATTORNEY OF THE CITY OF SOUTH SAN FRANCISCO 7' z. COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Public Hearing - UP-86-755/Tom Callan, appeal of the Planning Commission decision to require an Environmental Impact Report in con- nection with the Use Permit to allow construction of a retail hardware store facility and related actions at 2990 Gellert Boulevard for Orchard Supply,_~--o.~(D Hardware. Staff Report 5/14/86 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal. that the Commission would be conStituted at the first meeting in June, etc. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Haffey/Addiego - To approve the Regular Bills of 5/14/86 in the amount of $2,180,385.27. Carried by unanimous voice vote. CITY MANAGER M/S Haffey/Addiego - To adopt the Resolution. RESOLUTION NO. 94-86 Carried by majority roll call vote. Mayor Teglia introduced City Attorney Armento and stated that she would begin working for the City on 7/1/86. COMMUNITY DEVELOPMENT & ADMINISTRATION Senior Planner Gorney stated that the Staff had recommended that the Council uphold the decision of the Planning Commission to require an EIR and related action and to deny the appeal. Planning Commissioner Getz stated that generally the Commission did not require an EIR, but when there were actual poten- tial adverse impacts on the environment, one was required to study the problems. He stated the following: that an EIR of that area had not been done since 1976; that there was serious slope instabili- ty; that the new techniques under con- sideration for slope stability were new to the area; that the area was less than a mile from a major earthquake fault; that the circulation and traffic issues were major; inadequate parking, etc. Mayor Teglia opened the Public Hearing and invited those wishing to speak in favor of the appeal to step to the dais. 5/14/86 Page 10 AGENDA ACTION TAKEN 0198 COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION Mr. Joe Galligan, Esq., stated that there had been an EIR on the project which the Council had certified in 1977. He stated that he found nothing in the law that stated that there was a statute of limi- tations for an EIR. He stated that if there was a substantial change in the area, then only would it be required. He stated that a major traffic study had been done for McDonald's in 1980, which supplemented the 1977 EIR. He asked that the Council either certify the project as a negative declaration or certify the addendum of the EIR pursuant to the two supplementals that had been given by the hydrologists based on the 1976 EIR. He stated that he had given Council a letter emphasizing the facts. He stated that the use of the whole project was less than that provided in the original EIR and that Mr. Tronoff was present to answer any questions. He stated that the Soil Engineer was also present to answer any questions. Mayor Teglia invited those wishing to speak against the appeal to step up to the dais. Ms. Alice Bulos, 2444 Liberty Court, stated that she and other residents were concerned with the important issues involved in this project, i.e., traffic congestion, earthquakes, etc. Ms. Annie Garry, 2455 Unwin Court, stated that she lived right above the hill in question and was very concerned with the erosion taking place that could be aggra- vated by excavations of the hillside. She stated: that the streets were buckling; that nothing had been done to the hill to stabilize it; if there were any excavations into the hill she was afraid the hill would go and there would be many lawsuits. Timothy Tang, 2406 Unwin Court, stated that he had a petition signed by 30 resi- 5/14/86 Page 11 AGENDA ACTION TAKEN 0199 COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION dents on the hill expressing concern over excavations that could cause slippage. Mr. Albert Waters, 2266 Shannon Drive, requested that the appeal be denied and proceeded to quote from the Administration Code ..."An EIR should be prepared whenever it can be fully agreed on the basis of substantial evidence that the project may have a significant effect on the environment"... He stated that for a long time there had been a serious public controversy over the excavation of the hill, and he con- gratulated the Planning Commission for having voted their convictions in the spirit of the Westborough community. Mr. Jack Montgomery, 3152 Dublin Court, stated that he lived three blocks from Olympic Drive where two houses had fallen into a hole in the ground from underground springs. He stated that the Applicant was talking about excavations with a temporary type structure that has never been used in America, which made him very nervous living on the hill. Ms. Barbara Sperring, 2264 Greendale Dr., stated that for the protection of the neighborhood an EIR should be required, and it would show that Mr. Callan acted in good faith in a dire slide area for the protection of everyone. Mr. Niles Rosenchrist stated that he represented the owners of the medical building who had concerns, i.e., that an EIR should be required, that the access to the medical building would be blocked, etc. Mayor Teglia then closed the Public Hearing. Vice Mayor Addiego stated that the main concern was safety and the stabilization of the slopes; he asked that Mr. Callan 5/14/86 Page 12 A G E N D A A C T I O N T A K E N ~200 COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION or his professionals' respond to the concerns. Mr. Tronoff, Engineer, retraced the history of the medical center and the private non-exclusive driveway that had been required by City Planning and would be shared with the users of the area as a roadway. He stated that it did not interfere with the traffic congestion that already existed and was a public access to the parking lot. Vice Mayor Addiego questioned if the main building of Orchard Supply was to be on top of the professional building. Mr. Tronoff spoke in depth of the origi- nal concept of the overall development: EIR; the road being created; treating the banking in phases; approval of the McDonald's site; permanent improvements and landscaping; plans for cutting into the slope to increase the usable space for a reasonable quantity of the develop- ment, etc. Councilman Nicolopulos stated that within his packet were nine books from Mr. Callan that he had studied in the interim and found them to be substantial evidence and expert testimony. He questioned why these documents had not been accessible to the Planning Commission to collaberate the project with expert testimony. He stated: that the traffic was tolerable in Westborough for an Orchard Supply; that the slope stability had been addressed. Senior Planner Gorney stated that the documents were very technical and had been given to the technical advisors rather than the Commission. Councilman Nicolopulos expressed concern that Staff had not presented documentary evidence on the merits of the project to 5/14/86 Page 13 AGENDA ACTION TAKEN 0201 COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION allow the Council to make a logical decision. Councilman Drago questioned what addi- tional information would be learned on the slippage of the slope if an EIR was prepared. He stated that he had read that the recommendation from Staff had been to approve the project because it was consistent and would not be adverse to the public. He stated that the vote from the Commission for an EIR had not been a unanimous vote. He questioned why the structure was said to be temporary rather than a permanent structure for the slope. Mayor Teglia stated that her understanding was that the treatment of the slope had been done in other places in the world but it had been done as a temporary solution, not as a permanent one. Commissioner Getz stated that there was no evidence in the application that this technique had been used near a major fault area as a permanent solution. He stated that it had been used in Walnut Creek, but that was a different situation. He stated that the Commission had not received the nine volumes, however there had been a presentation with background information on the 1980 report. He stated that traffic was a serious issue and that under case law this was a valid reason for an EIR. Councilman Drago questioned if the issues could be addressed in other than an EIR. City Attorney Rogers stated that if there was substantial evidence that there might be a significant adverse impact from this project, then the Council must require an EIR. He continued, if there was evidence that there may not be an adverse impact, 5/14/86 Page 14 AG E N D A A C T I O N T A K E N 0~0~ COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION it did not make any difference once the Council reached that point, it would have to require an EIR. Mr. Pirooz Barar, Structural Engineer, stated that he had designed a project of similar size and concept in the Bay Area and addressed the issue of the slope sta- bility of the site. He stated that the concept was to rein- force and stabilize the slope with steel structures into the slope for the expected life of the structure, which was based on the life of the steel rods set in concrete. He stated that there was nothing new about the method for soil retention as it had been used for cen- turies in Europe. He stated that he had taken the City Engineer around the Bay Area to show him examples of this method of reinforcing slopes. Councilman Drago questioned if, in the opinion of the Structural Engineer, the structure was built, would it add strength to the hill. Mr. Barar answered affirmatively and stated that if he lived on the hill, he would be here begging for the structure to be built. He stated that he believed that the slope as it stood was dangerous, and once a wall was built with the rein- forced concrete in the slope, then he would buy a house on the hill. Councilman Halley stated that he felt that the Engineer could make it work and make it better, however the traffic levels have reached intolerable levels. Discussion followed: parking required and the control of hours of operation; that Staff had not presented the eviden- tiary documents; that the Council would 5/14/86 Page 15 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTATION be proper to order an EIR if there were substantial changes in the project, i.e., an increase of traffic or capacity of the streets, a deterioration in air quality in the previous EIR, etc. Mayor Teglia stated that in 1976-77 she was a Planning Commissioner and remem- bered the discussion on what the EIR covered. She stated that it covered the road, that the Staff felt that there should be a master plan, and the Commission had been told they would have the use permit approval for the develop- ment to review and control. She stated that in the intervening years control had been lost, and she felt the Council should go back to a master plan. She stated that she did not feel an EIR was relevant, that much of it could be, but it was difficult to override a Planning Commission that refuses to con- sider a negative declaration. Councilman Nicolopulos stated that on 1/31/86, the Staff Report said Staff had considered the project and had pre- pared a negative declaration and that the project would not have a significant effect. He continued, now in May, Jean Smith, all of a sudden without documents, says the 1976 EIR is worthless. Senior Planner Gorny stated the Commission did have the traffic report, and that the first seventeen pages of the report did not include the cumulative effects from Skyline, Sharp Park, San Bruno and Pacifica. Mr. Bernard C. Johnson, Consultant Engineer, stated that he had done the McDonald traffic study in 1980 and had addressed the cumulative impacts; the report had project 4,000 vehicles in a peak hour; the project today is now generating less trips. He stated that 5/14/86 Page 16 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 20. Staff Report - Continued. RECESS: RECALL TO ORDER: 21. Public Hearing - Shearwater- To consider overriding the decision of the San Mateo County Airport Land Use Committee at their meeting of 3/27/86 regarding the consistency of the General Plan Amendment GP-85-28 and Ordinance No. 996-86 with the San Mateo County Airport Land Use Plan. Staff Report 5/14/86 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution. A RESOLUTION ADOPTING REQUIRED COMMUNITY DEVELOPMENT & ADMINISTRATION he had met with Staff and had addressed eleven items: parking on Gellert; McDonald's parking; access to the medical center; that all local traffic and cumu- lative concerns had not come up. Deputy City Manager/City Engineer Yee stated that Staff had looked at the site and made the following observations: if approved, what was the best circulation for the site plan; that it would generate more traffic than Pay-n-Pak; concerns about the slope; he had not seen a per- manent wall and had not been to Europe to see one; that he checks the slope each day for signs of more erosion; that if a permanent wall was to be built, Caltrans should build the wall. M/S Haffey/Addiego - To uphold the Planning Commission decision and deny the appeal; and require an EIR. Carried by majority roll call vote, Nicolopulos voted no. Mayor Teglia declared a recess at 11:00 p.m. Mayor Teglia recalled the meeting to order at 11:15 p.m., all Council present. Mayor Teglia opened the Public Hearing. Deputy City Manager/Community Development & Administration Lewis stated that this was not a Public Hearing on Shearwater. He said that State law requires local general plans and implementation regula- tions such as zoning ordinances to be consistent with the local airport land use plan. He explained that consistent means to incorporate or otherwise reflect the content of the airport land use plan in the general plan and zoning ordinance. City Attorney Rogers spoke in depth of the requirements; that the Council could override the ALUC decision by a two- 5/14/86 Page 17 AGENDA ACTION TAKEN 0205 COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report - Continued. FINDINGS AND OVERRIDING THE ARBITRARY AND CAPRICIOUS DECISION OF THE RPC/ALUC WHICH FOUND GP-85-28 AND ORDINANCE NO. 996 INCONSISTENT WITH THE AIRPORT LAND USE PLAN (Cassette No. 3) COMMUNITY DEVELOPMENT & ADMINISTRATION thirds vote. He explained the various Government and Public Utilities Code sec- tions and stated that with the adoption of the Resolution, Council would be making findings A-R. Mayor Teglia stated that anyone wishing to speak for a governmental entity would have ten minutes to speak for or against the item. Mr. Ron Wilson, Director of Community Affairs for the Airport and on behalf of the City and County of San Francisco, urged the Council not to overrule the decision of ALUC. He stated that the high single noise generated by aircraft was anticipated and that residential use was inappropriate and would jeopardize the use of the Shoreline Departure. He stated that the Shearwater Project would include 300 residential units located underneath the Shoreline Departure, which had been a flight procedure to mitigate the impact of the aircraft noise over San Bruno and South San Francisco. Discussion followed on the number of Shoreline Departure flights daily. Mr. Patrick Kelly, Airport Roundtable, delivered two letters from the Roundtable requesting the Council to not include residential in the Shearwater Project. Jay White, Esq., Aviation Lawyer, stated that there was no immunity from liability and he could not imagine allowing an individual to be damaged because the Airport could not be sued. He stated that there was a California Supreme Court decision, Baker vs. Burbank, that stated an individual could sue on a nuisance basis. He urged the Council not to override the ALUC decision. Mike Valencia, Esq., spoke in favor of 5/14/86 Page 18 AG E N D A A C T I O N T A K E N 0~06 COMMUNITY DEVELOPMENT & ADMINISTRATION 21. Staff Report - Continued. 22. Staff Report 5/14/86 recommending adoption of a Resolution establish- ing a policy of nondiscrimination COMMUNITY DEVELOPMENT & ADMINISTRATION the override because he felt that Shearwater as planned enhanced the City and the County. Mayor Teglia requested that a letter from Mayor Matthew J. Boxer, Millbrae, dated 5/14/86, be entered into the record (a copy is attached and a permanent part of the record of this meeting). Ms. Roseann Emerson, 594 Gellert Blvd., Daly City, stated that only three cities had submitted their General Plan and that this City "got in trouble" at the ALUC meeting because they follow the rules. Mayor Teglia closed the Public Hearing. She spoke of the amount of influence that the Airport could bring to bear on this Council. She stated that cities had to submit their General Plans by 1983, yet only this City and the County had been judged sufficient. She stated that San Bruno had not been concerned that their General Plan was not considered con- sistent and the Airport had used that to clobber this City. She stated that the Airport had no master plan that cities could review, and she felt that the City had been done a terrible injustice by the Airport. M/S Haffey/Addiego - To adopt the Resolution. RESOLUTION NO. 95-86 Councilman Drago stated that he was still against residential units in the Shearwater Development, but was voting for the Resolution because it did not address that issue. Carried by unanimous roll call vote. Removed from the Agenda by the City Manager under Agenda Review. 5/14/86 Page 19 May 14, 1986 OEO7 OFFtCF__ O~H£ MAYOR CITY CLEAK SAN FRAN01SCO Honorable Mayor and Council Members City of South San Francisco P.O. Box 711 South San Francisco, CA 94080 Dear Mayor and Council Members: The City ofMillbrae has worked with the City of South San Francisco and other northern San MateoCounty cities to achieve relief frcmthe noise generated by San Francisco International Airport. One measure to provide relief is the Shoreline Departure Path whichwas designed as part of the settl6~nent of a lawsuit filed by residents of South San Francisco. The City of Millbrae feels the Shoreline Departure is an effective mitigation which should be continued. The Millbrae City Council feels that inclusion of residential units in the proposed Shearwater Develo~entwould jeopardize the continuation of the Shoreline Departure Path and, as a result, threatens the continued effectiveness of this mitigation measure. Approval of residential use in the Shearwater Project could result in the loss by northern San Mateo County cities of the cooperative steps toward a less noisy environment. The Millbrae City Council requests that the South San Francisco City Council not approve residential use in the proposed Shearwater Project. Sincerely, cc: ~mz~il Members 621 Magnolia Avenue Millbrae, California 94030 5/14/86 Page 19 a. AGENDA ACTION TAKEN 0208 COMMUNITY DEVELOPMENT & ADMINISTRATION 22. Staff Report - Continued. in the City of South San Francisco's work place. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO EXPRESSING ITS CIVIL RIGHTS POLICY POLICE 23. Staff Report 5/14/86 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance on Recreational Vehicles. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 8.44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 229 ENTITLED "AN ORDINANCE REGULATING THE USE OF TRAILERS OR CAMP CARS IN THE CITY OF SOUTH SAN FRANCISCO" AND ADDING CHAPTER 8.44 ENTITLED "PARKING AND STORAGE OF RECREATIONAL VEHICLES REGULATED" RECREATION & COMMUNITY DEVELOPMENT 24. Public Hearing - Community Development Block Grant Funds for Fiscal Year 1986-87 - continued from the 4/23/86 meeting. Staff Report 5/14/86 recommending : 1) Continue the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution. ~Om~ A RESOLUTION AUTHORIZING THE SUBMITTAL OF THE STATEMENT OF OBJECTIVES AND PROJECTED USE OF COMMUNITY BLOCK GRANT FUNDS FOR FISCAL YEAR 1986-87 COMMUNITY DEVELOPMENT & ADMINISTRATION POLICE City Clerk Battaya read the title of the Ordinance in its entirety. M/S Addiego/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Addiego/Haffey - To introduce the Ordinance. Carried by unanimous voice vote. RECREATION & COMMUNITY DEVELOPMENT Mayor Teglia stated that the Public Hearing was open and anyone wishing to speak for or against the item should step to the dais. Ms. Marcia Waldron, Program Manager for the Center for Industry for the Disabled, requested $10,000 to continue the support services of the organization. Mayor Teglia closed the Public Hearing. Director of Recreation & Community Services Norton stated that the Senate bill would be a $110,000 windfall in the next month which had been cut the pre- vious year. Councilman Haffey stated that if addi- 5/14/86 Page 20 AGENDA ACTION TAKEN 0209 RECREATION & COMMUNITY DEVELOPMENT 24. Staff Report - Continued. 25. Staff Report 5/14/86 recommending adoption of a Resolution author- izing execution of an agreement for the Human Investment For Shared Housing. ,.~9 ~ A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN AGREEMENT FOR THE HUMAN INVESTMENT FOR SHARED HOUSING 26. Staff Report 5/14/86 recommending adoption of a Resolution author- izing a grant application for an Oral History-Team Video Program from the California Arts Council. A RESOLUTION AUTHORIZING GRANT APPLICATION FOR A SENIOR ORAL HISTORY-TEAM VIDEO PROGRAM THROUGH THE CALIFORNIA ARTS COUNCIL ITEMS FROM STAFF 27. Staff Report 5/14/86 making recom- mendations on a request for a sewer connection from Michael C. Callan. RECREATION & COMMUNITY DEVELOPMENT tional funds were received this request should be considered and discussed during the Budget sessions. M/S Haffey/Drago - To adopt the Resolution. RESOLUTION NO. 96-86 Carried by unanimous voice vote. Director of Recreation & Community Development Norton stated that through this program the City could provide ser- vices and receive $22,000 annually. M/S Haffey/Drago - To adopt the Resolution. RESOLUTION NO. 97-86 Carried by unanimous voice vote. Mayor Teglia suggested that the Center for Independence of the Disabled, Inc. come under this program with the elderly people and minor modification to homes under this program. Director of Recreation & Community Development Norton stated that this grant application would be used to offer this program free to teens and it was antici- pated that there would be a classroom of 24 people. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 98-86 Carried by unanimous voice vote. ITEMS FROM STAFF City Manager Birkelo stated that he had received a letter from Mr. Michael Callan requesting a sewer connection for Carter Park i and 2. 5/14/86 Page 21 AGENDA ACTION TAKEN 0210 ITEMS FROM STAFF 27. Request for sewer connection - Continued. ITEMS FROM STAFF 27a. Brief report on the Serramonte Park Plaza. ~0 ~O ITEMS FROM COUNCIL 28. Discussion of the following Propositions on the June Ballot: ITEMS FROM STAFF Mr. Michael Callen, 82 Isabella, Atherton, stated that his 134 units that had been approved by the City did not have approval from Daly City for a sewer connection in that he was on a waiting list as other requests had been honored before him by the Westborough Water District. He stated that he need an interim hookup from the City in order to have the property appraised and that otherwise it would take four months before he was ready to go before Council on the finalization of the project. Jerimiah Lynch, Esq., stated that there would a lawsuit forthcoming against the Northern Sanitation District, Colma and Daly City, but in the meantime any delay on the sewer hookup would cause a finan- cial hardship upon his client, Mr. Callan. City Attorney Rogers stated that Mr. Callan should have the Westborough Water District request a temporary sewer hookup for Mr. Callan from the Westborough Water District. M/S Addiego/Haffey - To authorize the Mayor to sign a drafter letter for the sewer hookup for Mr. Callan. ITEMS FROM STAFF City Manager Birkelo stated that Serramonte Park Plaza at Hickey, and Highway 280, had a Daly City development that was being built over Winston Manor and that there were many concerns from the neighborhood. Consensus of Council - That a letter should be drafted to Daly City in protest to the development over Winston Manor. ITEMS FROM COUNCIL Consensus of Council - To continue the item to the next regular meeting. 5/14/86 Page 22 AGENDA ACT]~ON TAKEN 0211 ITEMS FROM COUNCIL 28. Discussion - Continued. Proposition No. 46 Property Taxation; Proposition No. 47 Allocation of Vehicle License Fee Taxes to Counties and Cities; Proposition No. 49 Nonpartisan Offices. 29. Discussion of Council Goals and Objectives. GOOD AND WELFARE CLOSED SESSION 30. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. ADJOURNMENT RESPECTFULLY SUBMITTED, City of South San Francisco ITEMS FROM COUNCIL Consensus of Council - to continue the item to the next regular meeting. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Addiego - To adjourn the meeting to Wednesday, 5/28/86, at 7:00 p.m., at the City Council Conference Room, 400 Grand Avenue. Carried by unanimous voice vote. The meeting was adjourned at 12:50 p.m. APPROVED. ~erta Cer~i Tegli ,~~~ City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 5/14/86 Page 23