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