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HomeMy WebLinkAboutMinutes 1986-06-25Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addie§o Counci 1: John "Jack" Drago Ri chard A. Haffey Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room June 25, 1986 AGENDA ACTION TAKEN CALL TO ORDER: (Cassette No. 1) 7:42 p.m. Mayor Teglia presiding. ROLL CALL: Council present: Council absent: Nicolopulos, Haffey, Addiego and Teglia. Drago. PLEDGE OF ALLEGIANCE The pledge of allegiance was recited. INVOCATION: Reverend Evelyn Kendall, Aldersgate Methodist Church, gave the invocation. PRESENTATIONS PRESENTATIONS Ms. Ann Marquard, Operation Sentinel reported on the results of the poster ~~contest that depicted discrimination in housing: 1) Steve Hoffman; 2 Sandra Sellhorn; and Monica Asavedo. Mayor Teglia stated that retiring employee Marie Brandfast was in the audience and proceeded to read her commending Resol uti on aloud. AGENDA REVIEW AGENDA REVIEW City Manager Birkelo Requested: - Remove Item 2 from the Agenda. - Add Item 11a. - To set a Hearing date for Tentative Subdivision Map SA-86-93, Richard Diodati on 7/9/86. - Add Item 11b. - To set a Hearing date for the appeal of the Plannin9 Commission decision on DR-S-86-200/Nirvana Enterprises on 7/23/86. - Add Item 11c. - Claims against the City: 1) Sammie R. Strickland; 2) Carolyn Louise York; 3) Christine York; 4) Carolyn Louise York. - Add Item 14a. - Resolution com- mending Jean Woodside Sprouse on her retirement on 7/7/86. So ordered. 6/25/86 Page i AGENDA ACTION TAKEN 0 50 ORAL COMMUNICATIONS ORAL COMMUNICATIONS John Ferreira, 2334 Greendale Dr., thanked Council for their support on the recent successful Eagle Scout Run. He stated that the proceeds from the run had gone to "Pro for Kids," a program to com- bat drugs through counseling. Mr. Tom Callan, Jr. stated that he had ~'O~Obeen developing in the community since 1948 and when things occurred that were not right he had brought them before the City Council so that someone else might benefit from the clarification. He stated that he was appearing tonight to clarify a misunderstanding. He related that at the 6/11/86 meeting he had stated that it was unfair for the City to charge anyone an additional $900 for an EIR bid proposal, and at the same time guarantee the City that he would pay a minimum of $15,000 towards that report. He stated that at the present time he did not have a tenant, nor did he have any idea what the City would or would not approve as far as a use was concerned. He stated that the Council had asked the Planning Director if the fees mentioned were an acceptable practice in adjourning communities, and her answer had been yes. He presented the following statistics that he had gleaned from adjourning com- munities: San Mateo County Planning Commission - if an EIR was required the County will secure three bids and submit them to the applicant for selection, and there were no fees and no guarantees; Daly City - a $50 fee to determine if there is a cause for an EIR, and that there were no additional fees or a guarantee requested from the applicant; Colma - no filing fees and no guarantees requested; Brisbane - there was an initial study to determine if an EIR was necessary, and a $50 deposit to the City Clerk for a bid proposal 6/25/86 Page 2 AGENDA ACTION TAKEN 0251 ORAL COMMUNICATIONS ORAL COMMUNICATIONS without guarantees and additional filing fees, and if a negative declaration was required there was a $100 additional fee; Pacifica - there are no fees or guaran- tees in reference to an EIR, however from the filing fee paid for the use permit the City allocated $47 an hour for the staff and if that staff exceeded that amount an additional charge would be made and vice versa; San Bruno - if an EIR was required the City would submit the requirements through bid proposals and one proposal would be selected by the Director of Planning - without cost to the applicant. He stated that he had contacted Deputy City Manager/Community Development & Administration Lewis for the guidelines in selection of an EIR consultant, and had yet to receive same. He proceeded to recite the history of his proposal to the City and the monies spent on the Orchard Supply Project that led to Orchard Supply withdrawing from the Project after one and a half years of endeavor. He stated that if the City had successful developers, then the City would also prosper. He requested that Council direct staff to review the nine reports, check with the residents as to what they would like to see on the land and he would do his best to comply. Ms. Nan Scott, Dy-Dee Wash, stated that she had been in business for over twenty years and had recently moved to a loca- tion on Miller Avenue that had been a former laundry. She stated that since March of 1985 she had dealt with the Planning Department to have the building approved, because she had had to divide the building and hoped to bring in a tenant, in that it was too large. She stated that the Department had not liked 6/25/86 Page 3 AGENDA ORAL COMMUNICATIONS ACTION TAKEN ORAL COMMUNICATIONS her architect and she had hired a new one. She stated that the building permit and the plans were not approved until 8/12/85. She stated that she had moved the business in June and it had been one hurdle after another including not being able to find a tenant. She spoke of the financial problems due to: the parking space requirements; the Fire Department need for a fire wall and calculations for a sprinkler system to show if there was enough power; the need for a tunnel; the requirement for a second exit which would result in a loss of floor space which would make it more difficult to find a tenant. She urged the Council to have staff look at alternative Code options to allow her to continue her business and take care of her employees. Chief Building Inspector Wittwer stated that the Code required two exits because the building was large. He stated that there were exits in the rear that opened onto Railroad property that at any time could be made unavailable to access, and that was why two front exits were required. Mayor Teglia made mention of three alter- natives: 1) negotiate with Southern Pacific to exit out the rear doors onto their property; 2) Provide a tunnel with access to the outside; 3) Put a chain link fence outside the back of the building. Vice Mayor Addiego stated that the building had been constructed and approved by the City in the '70s and had been occupied in the same manner as requested today - so what was the problem. Chief Building Inspector Wittwer stated 6/25/86 Page 4 AGENDA ACTION TAKEN 02 53 ORAL COMMUNICATIONS CONSENT CALENDAR Requesting approval of the Minutes of the Adjourned Regular Meeting of 4/30/86 and the Special Meeting of 5/7/86 and the Regular Meeting of 5/14/86. Staff Report 6/25/86 recommending by Motion to accept the Play Equipment installation at Orange Memorial Park-Picnic Area, Winston Manor #1 Park and Paradise Valley Park Project No. PR-85-4 as complete in accordance with the approved plans and specifications. ORAL COMMUNICATIONS that there was 18' between the rear exit doors and the railroad tracks, however there was nothing to prevent S.P. from using the area to store train cars. Chief Building Inspector Wittwer questioned whether it was possible to work out some means whereby the doors would remain open and usable. Deputy City Manager/Community Development & Administration Lewis expressed a con- cern over public liability in connection with the rear exits being approved near the railroad tracks. Assistant City Attorney Kasper suggested getting an agreement from Southern Pacific for an easement for access that would never be built upon. Councilman Nicolopulos stated that if a fire wall was built it might satisfy the Code on the access and exit requirements in that there were two definitions cited. Discussion followed: on the occupancy load factors; that there would not be a problem if S.P. was not there; that Staff was to investigate and report back to the Council. CONSENT CALENDAR So ordered· Removed from the Agenda by the City Manager under Agenda Review. 6/25/86 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR ® Staff Report 6/25/86 recommending adoption of a Resolution author- izing execution of an Agreement with Operation Sentinal for fair housing services. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH OPERATION SENTINAL FOR FAIR HOUSING SERVICES ® Staff Report 6/25/86 recommending adoption of a Resolution author- izing execution of an Agreement with Daniel Roos for services in the administration of the Community Development Block Grant Program. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DANIEL ROOS FOR SERVICES IN THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Staff Report 6/25/86 recommending adoption of a Resolution approving plans and specifications, author- ize the work and call bids for the Parking District Municipal Parking Lot Improvements. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZE THE WORK AND CALL BIDS FOR THE PARKING DISTRICT MUNICIPAL PARKING LOT IMPROVEMENTS Ge Staff Report 6/25/86 recommending adoption of a Resolution author- izing approval and execution of Addendum No. 5 to Wilsey & Ham for Consulting Engineering Services on the Gateway Assessment District No. ST-82-2 Phase II Project. A RESOLUTION AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE GATEWAY ASSESSMENT DISTRICT (ST-82-2 - PHASE II) CONSENT CALENDAR RESOLUTION NO. 111-86 RESOLUTION NO. 112-86 Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. 6/25/86 Page 6 AGENDA ACTION TAKEN 0 55 CONSENT CALENDAR e Staff Report 6/25/86 recommending by Motion to accept as complete the Hickey & Juniper, Serra Blvd. Landscape Improvement Project No. PR-85-5 as complete in accordance with the approved plans and speci- fications. Staff Report 6/25/86 recommending adoption of a Resolution approving plans and specifications, author- ize the work and call bids for the Replacement of Steel Frame and Windows at Central Fi re Station, Project No. PB-83-10.4. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR REPLACE- MENT OF STEEL FRAME AND WINDOWS AT CENTRAL FIRE STATION PROJECT NO. PB-83-10.4; BID NO. 1722 Staff Report 6/25/86 recommending by Motion to authorize the Purchasing Officer to request bids for the purchase of Solid Waste Grinders for the San Mate, Pump Station, Project No. WTP-85-4. 10. Staff Report 6/25/86 recommending by Motion to cancel the Public Hearing for 6/25/86 and reschedule the Public Hearing on Sewer Charges for 7/9/86 in order to meet the fourteen day legal requirement for publication. 11. Staff Report 6/25/86 recommending adoption of Resolution authorizing expenditures pending adoption of the Operating Budget and Capital Improvement Budget for 1986-87. A RESOLUTION AUTHORIZING EXPENDITURES AND APPROPRIATIONS PENDING ADOPTION OF THE OPERATING BUDGET FOR 1986-87 AND CAPITAL IMPROVEMENT BUDGET CONSENT CALENDAR So ordered. RESOLUTION NO. 113-86 So ordered. Public Hearing date set for 7/9/86. RESOLUTION NO. 114-86 6/25/86 Page 7 AGENDA ACTION TAKEN 0 56 CONSENT CALENDAR 11a. Staff Report recommending that the City Council set 7/9/86 as a Hearing date for consideration of Tentative Subdivision Map SA-86-93, Richard Diodati for a 16-unit industrial condominium project at 80 Tanforan Avenue. 11b. Set 7/23/86 as a Public Hearing date for consideration of the appeal of the Planning Commission decision of 6/12/86 on DR-S-86-200/Nirvana Enterprises on the conditions regarding the sign at 120 Hazelwood Drive. 11c. Staff Report 6/25/86 recommending that the following claims be denied and referred to the City's Insurance Adjuster and the City Attorney: 1) Claim as filed by Sammie R. Strickland alleging paint damage to vehicle; 2) Claim as filed by Peggy M. Kagel, Esq. on behalf of Carolyn Louise York claiming medical and general damages and alleging improper design, construction, repair and maintenance of inter- section and/or stop sign; 3) Claim as filed by Peggy M. Kagel, Esq., on behalf of Christine York, claiming medical and general damages and alleging improper design, construction, repair and maintenance of inter- section and/or stop sign; 4) Claim as filed by Peggy M. Kagel, Esq. on behalf of Carolyn Louise York claiming medical and general damages and alleging improper design, construction, repair and maintenance of inter- section and/or stop sign. CONSENT CALENDAR Hearing date set for 7/9/86. Public Hearing date set for 7/23/86. ~z~S~ ~dered. So ordered. So ordered. So ordered. 6/25/86 Page 8 AGENDA ACTION TAKEN 02 ,7 CONSENT CALENDAR CONSENT CALENDAR M/S Nicolopulos/Haffey - To approve the Consent Calendar with the exception of Items No. 5 and 6. Carried by unanimous voice vote. Be Staff Report 6/25/86 recommending Councilman Nicolopulos questioned which adoption of a Resolution approving lots were going to be improved. plans and specifications, author- ize the work and call bids for the Deputy City Manager/City Engineer Yee Parking District Municipal Parking ~/~/ stated nine out of the ten lots were Lot Improvements. going to be improved. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZE THE WORK AND CALL BIDS FOR THE PARKING DISTRICT MUNICIPAL PARKING LOT IMPROVEMENTS Councilman Nicolopulos requested that this be delayed for a year and use the money to build a high rise parking structure. Councilman Haffey questioned if there was enough money in the fund to pursue a high rise structure. Deputy City Manager/Community Development & Administration Lewis stated that there was $375,000 in the fund and that a feasibility study should be done to effect a high rise parking structure. Councilman Haffey suggested approving this and later meeting with the Parking Place Commission to discuss a high rise. M/S Haffey/Addiego - To adopt the Resolution. RESOLUTION NO. 115-86 Carried by majority roll call vote, Nicolopulos voted no. Councilman Nicolopulos stated that the improvements were not critical and the $77,000 should be put in the bank to accrue for a high rise parking structure. Ge Staff Report 6/25/86 recommending adoption of a Resolution author- izing approval and execution of 6/25/86 Page 9 AGENDA ACTION TAKEN 0258 6. Staff Report - Continued. Addendum No. 5 to Wilsey & Ham for Consulting Engineering Services on the Gateway Assessment District No. ST-82-2 Phase II Project. ~.4~/0"3 A RESOLUTION AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE GATEWAY ASSESSMENT DISTRICT (ST-82-2 - PHASE II) APPROVAL OF BILLS ~-'0/.~ 12. Approval of the Regular Bills of 6/25/86. COMMUNITY DEVELOPMENT & ADMINISTRATION 13. Recommending adoption of a ,~"~9~ Resolution commending James Leonard Peters upon his retirement on 8/4/86 after twelve years with the City in the Parks Division. A RESOLUTION COMMENDING JAMES LEONARD PETERS 14. Recommending adoption of a Resolution commending Marie Matilda Brandfass upon her retirement on 6/30/86, after thirty years with the City in the Library Department. A RESOLUTION COMMENDING MARIE MATILDA BRANDFASS 14a. Adoption of a Resolution commending Jean Woodside Spruce upon her ~0~ retirement on 7/7/86, after twenty one years with the City. A RESOLUTION COMMENDING JEAN WOODSIDE SPROUSE Councilman Nicolopulos questioned how the $177,000 was going to be expended. Deputy City Manager/City Engineer Yee stated that $11,000 was for the PG&E towers and Super 8 parking lot; $13,000 was for Produce Avenue; and $151,000 was for ongoing work to oversee construc- tion. M/S Nicolopulos/Haffey - To adopt the Resolution. RESOLUTION NO. 116-86 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Addiego/Haffey - To approve the Regular Bills of 6/25/86. Carried by unanimous voice vote. COMMUNITY DEVELOPMENT & ADMINISTRATION Vice Mayor Addiego read the Resolution aloud. M/S Addiego/Haffey - To adopt the Resolution. RESOLUTION NO. 117-86 Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 118-86 Carried by unanimous voice vote. Councilman Haffey read the Resolution aloud. RESOLUTION NO. 119-86 Carried by unanimous voice vote. 6/25/86 Page 10 AGENDA ACTION TAKEN 0259 COMMUNITY DEVELOPMENT & ADMINISTRATION COMMUNITY DEVELOPMENT & ADMINISTRATION 15. Staff Report 6/25/86 recommending adoption of a Resolution setting a policy of nondiscrimination for the City of South San Francisco. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 120-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO EXPRESSING ITS POLICY OF ~ NOND I SCR IMI NAT ION Carried by unanimous voice vote. 16. Public Hearing - UP-85-743 Appeal City Manager Birkelo requested that the of the Planning Commission decision item be continued in that the agreement of 4/24/86 denying Use Permit Modification of Quinton Robertson -~~0~'~0 had not been finalized, to allow occupancy of one of the Consensus of Council - To continue the tenant spaces at Winston Manor item. Shopping Center by a bakery at 123 Hickey Boulevard in the C-1 Neighborhood Commercial Zone District - Public Hearing closed and the item was continued from the 5/28/86 and 6/11/85 meetings. Staff Report 5/28/86 recommending consideration of an agreement that addresses the concerns cited in the 5/28/86 staff report. 17. Staff Report 6/25/86 recommending adoption of a Resolution author- ~'-~'~ izing execution of a Letter Agreement for professional services to the City with Kasper & Rogers, Attys. at Law for Airport noise variance issues. City Manager Birkelo stated that the new City Attorney would be on vacation until August and that this agreement would cover her absence; and that then through the end of the year the attor- ney's firm would only handle Airport issues. A RESOLUTION AUTHORIZING EXECUTION OF A LETTER AGREEMENT FOR PROFESSIONAL SERVICES WITH KASPER & ROGERS, ATTYS. AT LAW M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 121-86 Carried by unanimous voice vote. 18. Staff Report 6/25/86 recommending adoption of a Resolution author- izing the execution delivery of ABAG Plan I Documents (ABAG Pool City Manager Birkelo stated that Staff's recommendation was that the City not operate without excess liability coverage because there was not sufficient reserves 6/25/86 Page 11 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 18. Staff Report - Continued. Liability Insurance Network). "~"~ '77 A RESOLUTION AUTHORIZING THE EXECUTION DELIVERY OF ABAG PLAN 1 DOCUMENTS (Cassette No. 2) ITEMS FROM STAFF ITEMS FROM COUNCIL COMMUNITY DEVELOPMENT & ADMINISTRATION to cover major liability awards; and not purchase currently available commercial insurance due to its high premium cost and reduced risk coverage and limitation of $3,000,000. He stated that the City had used the County's JPA and that ABAG had come for- ward with an actuarial analysis and had reviewed the City's claims. He stated that ABAG members would be allowed to settle claims up to ten percent of their self insured retention ($100,000 - $10,000 for South San Francisco) and that the pool membership would probably include approximately twenty cities. He stated that the proposed initial contri- bution rate was approximately $50,000 less than would be required for the County arrangement. Discussion followed: that the limit of coverage was $5,000,000; that thirteen had entered the program and that four other cities had this item on their agen- das; that the administrative costs were based on 40% pro rated among cities and that 60% was based on the ratio of risk premium to what was in the pool; that there was a voluntary withdrawal or expulsion. M/S Haffey/Addiego - To adopt the Resolution. RESOLUTION NO. 122-86 Carried by unanimous roll call vote. ITEMS FROM STAFF No one chose to speak. ITEMS FROM COUNCIL No one chose to speak. 6/25/86 Page 12 AGENDA ACTION TAKEN Ogfil GOOD AND WELFARE CLOSED SESSION 19. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litiga- tion. RECALL TO ORDER: 20. Request to adjourn the meeting to someday certain for budget hearing sessions. ADJOURNMENT: GOOD AND WELFARE No one chose to speak. CLOSED SESSION Mayor Teglia stated there would be a Closed Session to discuss: Areas vs. City of S.S.F. (Case No. 280036), and San Francisco vs. City of S.S.F. (Case No. 303853) which the Council adjourned to at 9:18 p.m. Mayor Teglia recalled the meeting to order at 9:30 p.m., all Council present, no action taken. M/S Haffey/Nicolopulos - To adjourn the meeting to Monday, 6/30/86, at 7:00 p.m., Council Conference Room, City Hall. Carried by unanimous voice vote. Time was 9:31 p.m. RESPECTFULLY SUBMITTED, ~ttaya, City C]~]~ City of South San Francisco APPROVED. 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. 6/25/86 Page 13