HomeMy WebLinkAboutMinutes 1986-09-10 Mayor Roberta Cerri Te§lia
Vice Mayor Mark N. Addiego
Counci 1:
John "Jack" Drago
..... Ri chard A. Haffey
~ Gus Nicolopulos
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE
PRESENTATIONS
FIRST ANNUAL ITALIAN AMERICAN GAMES
o"'153
MINUTES
city Council
Municipal Services Building
Community Room
September 10, 1986
0054
ACTION TAKEN
8:05 p.m. Mayor Teglia presiding.
Council present:
Council absent:
Nicolopul os, Addiego,
Drago and Teglia.
Haffey.
The pledge of allegiance was recited.
PRESENTATIONS
Mr. Alvaro Bettucchi stated that he was
one of the co-chairmen of the First
Italian American Games that would take
place on October 5th and 6th. He pro-
ceeded to describe the competitive acti-
vities for people of Italian descent:
bocci ball; tennis; track and field; 6K
run, and a 25 mile bike race.
He stated that next year there would be
swimming, weightlifting and billiards
with entrants from Lucca, Italy. He
requested a temporary closure of Grand
Avenue for the bike and 6K run.
He expressed concern for the runners due
to the bad condition of the railroad
tracks on Oyster Point Blvd., up the hill
from 101 and before one passed the
Gateway. He questioned if some repair
work could be effected before the run.
Deputy City Manager/City Engineer Yee
stated that the railroad tracks were the
responsibility of Southern Pacific, and
only that area outside of the right-of-
way area could the City maintain.
Mr. Bettucchi stated that the Lucca
Sister City Committee would like to put a
banner on Grand Avenue, however there was
no facility with which to hang the
banner.
9/10/86
Page i
AGENDA ACTION TAKEN 0055
PRESENTATIONS
FIRST ANNUAL CHARITY FUN RUN
AGENDA REVIEW
City Manager Birkelo Requested:
- Item No. 3 - Change Public Hearing
date from 9/24/86 to 10/22/86.
- Remove Item No. 7 and continue to
the next meeting.
- Remove Item No. 13 and continue to
the next meeting.
- Add Item lOa., Request to waive
the festival fees for St.
Veronica's Church on 9/26-27-28/
86.
- Add Item lOb., Request to waive
the festival fees for Westborough
Jr. High on 9/26-27-28/86.
- Add Item 10c., Request to waive
the festival fees for All Soul's
Church on 10/10-11-12/86.
PRESENTATIONS
Mayor Teglia stated that in future years
Mr. Bettucchi should contact the Downtown
Merchants to fly a banner as there had
been concerns voiced in the past on ban-
ners. She stated that Mr. Bettucchi had
Council blessing to go ahead with the games.
Director of Recreation & Community
Services Norton stated that the event
would take place Saturday, 10/4/86, and
was being sponsored by the Pacific
International Business Center. He stated
that it would start at Oyster Point and
proceed through the industrial area for
3.1 miles. He stated that the proceeds
would be donated to the American Heart
Association and to Pros for Kids.
Mike Valencia, Esq., President of the
Chamber of Commerce presented the Council
with the new business directory for the
City that had been recently published.
He invited everyone to the Chamber Mixer
on 9/17/86 at Liberty Bank wherein the
directory would be provided to everyone
in attendance, as well as, being mailed
out to all residents and businesses in
the City.
AGENDA REVIEW
9/10/86
Page 2
AGENDA ACTION TAKEN
AGENDA REVIEW
- Add Item 13a., Adoption of a
Resolution to transfer funds to
the Surplus Property Comm. for
completion of the purchase of
the Oyster Point Property from
the General Services Admin.
ORAL COMMUNICATIONS
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Mr. Bill Borba, III, Vice President of
the Downtown Merchants Assoc., read a
letter into the record from President
Zellmer on behalf of the Association on
the sign ordinance (a copy of which is
attached and a permanent part of the
record of this meeting).
Ms. Sharon Albara, West Winston Manor
Homeowners Assoc., stated that the
Association had had a meeting Monday
night with the Daly City Council
regarding Serramonte Park Plaza, wherein
they had approved a 152,000 square foot
building.
She stated that at the last South San
Francisco Council meeting a decision had
been made to investigate a method by
which to help the Association. She
stated that Mr. Butler, after checking
into the matter, felt that the mitigation
measures had not been met according to
CEQA, i.e., no street improvements had
been approved by CALTRANS; a traffic
study had not been done as promised.
She stated that the Association needed
legal help before 9/24/86, and wanted to
know if legal action was going to be
taken by this City.
Mayor Teglia recommended that the City
Manager set up a meeting with the resi-
dents and Staff to acquire additional
information, and report back to Council
in a timely fashion. She stated that if
it was necessary, the Council could call
a special meeting to discuss the matter
before the 24th deadline.
9/10/86
Page 3
l wnt wn Merchonts
0057
September 10, 1986
Mayor Roberta Teglia
Members of City Council
City of South San Francisco
P. O. Box 711
South San Francisco, CA 94080
Honorable Mayor and Members of Council,
On behalf of the South San Francisco Downtown Merchants Association Board
of Directors, I would like to extend our sincere appreciation to the South
San Francisco Planning Commission and City Staff for their patience, time
and efforts regarding the REVISED ZONING ORDINANCE, specifically the
Sign Ordinance Revisions.
As you probably know, the Planning Commission and the Directors of the
Merchants Association met on September 4, 1986 and while specific decisions
were not reached, these two bodies did agree in principal. I would describe
this meeting as a very open and honest exchange of ideas and information,
conducted in a friendly atomsphere. Joy Ann Wendler is to be complimented
for the success of this meeting.
I have appointed Robert Giorgi, Richard Welker, and myself as a Subcommittee
to meet with a Planning Commission Subcommittee, appointed by Joy Ann Wendler,
on September 22, 1986, to work out a specific compromise.
After the meeting of September 4th, both the Directors and myself, are very
optimistic ~hat a reasonable compromise, that is beneficial to existing
merchants, future merchants, and the City at large can be reached on a
timely basis.
Mayor Teglia, again we would like to thank the Council, Planning Commission,
and Staff for their support of the Downtown Merchants Association and we
look forward to reporting back to you soon.
AladXN. Zellmer
President
cc: Walter Birkelo, City Manager
9/10/86
Page 3a
0058
ORAL COMMUNICATIONS
COMMUNITY FORUM
o -/o 3
ORAL COMMUNICATIONS
Mr. James Elmore, 642 Commercial St.,
stated that he had applied for a building
permit back in March, 1984 and the plans
had been approved in July -- yet a
building permit had still not been issued
as of today's date.
He requested the Mayor to establish a
subcommittee of Councilmen Drago and
Nicolopulos to meet with he and the Staff
to settle the problem.
Mayor Teglia stated that she did not
choose to establish a subcommittee at this
time until more information was derived.
Mr. Elmore stated that he had met with
the City Manager, City Attorney,
Planning, Building Inspector, and in
response to the City Attorney had given a
letter of non-responsibility to the City.
City Manager Birkelo stated that Staff
was aware of the problem, i.e., construc-
tion over a private easement and a deter-
mination of what is an unreasonable
restriction of the private easement which
had not been clearly settled.
Mr. Elmore stated that it had been
cleared with the Building, Fire, Police,
Zoning and Engineering Departments. He
stated that he had asked for clarifica-
tion of the matter from the City Manager,
which was still not forthcoming.
Councilman Drago recommended that the
City Manager give Mr. Elmore a time frame
in which the matter would be settled.
City Manager Birkelo stated that a report
would be forthcoming in the Friday
Council packet.
COMMUNITY FORUM
Councilman Nicolopulos announced that the
Spruce Gym had been revitalized and was
9/10/86
Page 4
AGENDA
ACTION TAKEN
005
COMMUNITY FORUM
CONSENT CALENDAR
1. Minutes of the Regular Meeting of
8/27/86.
Appeal Letter, dated 9/2? g, from
Stan Gustavson, Esq., City of San
Bruno, appealing the decision of
the South San Francisco Planning
Commission in the application for
the development of the Shaw
Business Center, 212-214 Shaw Road,
as well as the 8/21/86 decision on
UP~86-768 and requestin9 a Motion
to set a Public Hearing for 9/24/86.
Staff Report 9/10/86 recommending
by Motion to set a Public Hearing
of 10/22/86 to consider the
Statement of Objectives for
supplemental allocation of
Community Development Block Grant
Funds.
0
Staff Report 9/10/8q recommending
by Motion to accept as complete the
No. Canal Street Improvements
Project ST-85-1 as complete in
accordance with the approved plans
and specifications.
Staff Report 9/10/86 recommending
adoption of a Resolution of award
of contract for the 1986-87 Street
Resurfacing Project No. ST-86-1, to
COMMUNITY FORUM
back in use. He stated that the School
District and the Council were sponsoring
a 60th birthday celebration on 10/5/86 at
1:00 p.m., and that the 1936 championship
basketball team would be honored.
Mayor Teglia invited the community to
attend the Sunday festivities, on the
steps of City Hall, in honor of the
Mexican Independence Day with performan-
ces by the Dolores Hidalgo folkloric dancers:
with a banquet that evening at the MSB.
CONSENT CALENDAR
Approved.
Public Hearing set for 9/24/86.
Public Hearing set for 10/22/86.
So ordered.
G'O
9/10/86
Page 5
AGENDA
ACTION TAKEN
CONSENT CALENDAR
5. Staff Report - Continued.
G. Bortolotto & Co., Inc. of Foster
City in the amount of $198,947.00
as the lowest responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
1986-87 STREET RESURFACING PROGRAM
PROJECT NO. ST-86-1
Ge
Staff Report 9/10/86 recommending
adoption of a Resolution of award
of contract for the Colma Creek
Dredging Project No. SD-86-1 to
Transiterra Corp. in the amount of
$57,975 as the lowest responsible
bidder.
A RESOLUTION OF AWARD OF CONTRACT
1986 COLMA CREEK DREDGING
PROJECT NO. SD-86-1
0
Staff Report 9/10/86 recommending
adoption of a Resolution author-
izing execution of an agreement
with Harding Lawson for
Geotechnical Engineering Services
on the Gateway Assessment District
No. ST-82-2, Phase II Project.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGREEMENT WITH HARDING
LAWSON FOR GEOTECHNICAL ENGINEERING
SERVICES ON THE GATEWAY ASSESSMENT
DISTRICT NO. ST-82-2, PHASE II
PROJECT
®
Staff Report 9/10/86 recommending:
a) Adoption of a Resolution
rejecting all bids for the South
Airport Boulevard at Produce Avenue
Traffic Signal and Street Improve-
ments Project No. ST-83-4, Bid No.
1661; b) Adoption of a Resolution
approving plans and specifications,
authorizing the work and calling
bids for the South Airport
Boulevard at Produce Avenue Traffic
Signal and Street Improvements
Project No. ST-83-4.1, Bid No.
CONSENT CALENDAR
RESOLUTION NO. 146-86
RESOLUTION NO. 147-86
Removed from the Consent Calendar under
Agenda Review by the City Manager.
9/10/86
Page 6
AGENDA ACTION TAKEN 0061
CONSENT CALENDAR
CONSENT CALENDAR
8. Staff Report - Continued.
1661-1.
a)
A RESOLUTION REJECTING BIDS FOR
THE SOUTH AIRPORT BOULEVARD AT
PRODUCE AVENUE TRAFFIC SIGNAL
AND STREET IMPROVEMENTS PROJECT
NO. ST-83-4, BID NO. 1661
RESOLUTION NO. 148-86
b)
A RESOLUTION APPROVING PLANS
AND SPECIFICATIONS, AUTHORIZING
THE WORK AND CALLING BIDS FOR
THE SOUTH AIRPORT BOULEVARD AT
PRODUCE AVENUE TRAFFIC SIGNAL
AND STREET IMPROVEMENTS,
PROJECT NO. ST-83-4.1, BID NO.
1661-1
RESOLUTION NO. 149-86
o
Staff Report 9/10/86 recommending
by Motion to accept the Produce
Avenue Widening Project No. ST-83-5
as complete in accordance with the
approved plans and specifications.
So ordered.
10.
Adoption of a Resolution to effect
a 20% increase for the City Clerk.
A RESOLUTION ESTABLISHING ~/~
COMPENSATION AND BENEFITS FOR THE
CITY CLERK
Removed from the Consent Calendar for
discussion by Councilman Drago.
lOa. Request to waive the festival
fees for St. Veronica's on
September 26-27-28, 1986.
So ordered.
lOb. Request to waive the festival
fees for Westborough Jr. High~5
on September 26-27-28, 1986.
So ordered.
10c. Request to waive the festival~ --~z~//'
fees for All Soul's Church on
October 10-11-12, 1986.
So ordered.
M/S Addiego/Nicolopulos - To approve the
Consent Calendar with the exception of
Items No. 7 and 10.
Carried by unanimous voice vote.
9/10/86
Page 7
AGENDA ACTION TAKEN 0062
10.
Adoption of a Resolution to effect
a 20% increase for the City Clerk.
A RESOLUTION ESTABLISHING
COMPENSATION AND BENEFITS FOR THE
CITY CLERK
Councilman Drago stated that at the last
meeting he had requested an amendment to
Councilman Haffey's Motion and had called
for a vote. He stated that the City
Attorney had not allowed the amended
motion, and that a vote had been taken on
Councilman Halley's Motion which had
failed and the Vice Mayor had introduced
another Motion which had passed 3 - 2.
He stated that since that time it had
been revealed that his request for the
vote had been correct according to
Robert's Rules of Order, and it should
have taken precedence over the original
Motion. He stated that a motion was in
order to return to that point of the
discussion and proceed to vote on his
amendment request, thereby overruling the
Vice Mayor's Motion which had passed.
Mayor Teglia stated that the Council had
taken an action that evening, and
questioned if that action stood.
City Attorney Armento stated that the
action stood, however it was proper for a
Councilmember to make a motion to rescind
that action; then the Council would have
to vote on rescinding that action and
proceed from there.
M/S Drago/Nicolopulos - To rescind the
action taken at the 8/27/86 meeting for a
20% salary increase for the City Clerk.
Carried by majority roll call vote,
Teglia voted no.
M/S Drago/Nicolopulos - A pay raise for
the City Clerk equal to the amount shown
in the cost of living adjustment of 8.6%,
7.24% and '.0% properly compounded; and
directed the Clerk to have an agenda item
each year, no later than May or June, for
consideration of a general increase.
Motion failed by roll call vote, Drago
and Nicolopulos voted yes; and Addiego
and Teglia voted no.
9110186
Page 8
AGEUDA ^CT ON TAKEN 0062
10. Staff Report - Continued.
APPROVAL OF BILLS
11. Approval of the Regular Bills of
9/10/86. ~x"'~ / .~
M/S Drago/Nicolopulos - To reinstate the
20% salary increase for the City Clerk.
Carried by unanimous roll call vote.
City Clerk Battaya asked for a clarifica-
tion of the Motion; was the Motion to
adopt the Resolution before the Council,
for a 20% increase for the City Clerk.
Councilman Drago and Nicolopulos answered
in the affirmative.
RESOLUTION NO. 150-86
Councilman Drago requested that at all
future Council meetings, the City
Attorney have with her a copy of Robert's
Rules of Order.
Vice Mayor Addiego stated that he felt
the Council, in the past, had conducted
themselves in a gentlemenly fashion and
would hate to see the Council stop pro-
cedurally and dig into Robert's Rules of
Order in an attempt for clarification
when it stumbled through things.
City Attorney Armento questioned if
Councilman Drago specifically wanted
Robert's Rules of Order or whatever book
was considered to be a leading parliamen-
tary procedures book.
Councilman Drago stated that the City
Attorney could use whatever she felt
would serve the purpose of having an
orderly meeting. He stated that had his
Motion been voted on at the last meeting
and been rejected, then it would have
reverted back to the original motion; and
Councilman Haffey's Motion would have
received a third vote on the 22%
increase.
APPROVAL OF BILLS
M/S Nicolopulos/Drago - To approve the
Regular Bills of 9/10/86 in the amount of
$1,077,364.94.
Carried by unanimous voice vote.
9/10/86
Page 9
^ G N O ^
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
COMMUNITY DEVELOPMENT & ADMINISTRATION
12.
Public Hearing - Consideration j~~
Negative Declaration No. 547,
General Plan Amendment (GP-86-30),
Revised Zoning District Maps, and
the Revised Zoning Ordinance -
Continued from the 8/13/86, 8/27/86
meetings.
Staff Report 9/10/86 recommending:
1) Continue the Public Hearing and
hear testimony; 2) Close the
Public Hearing; 3) Motion to
approve Negative Declaration No.
547, 4) Motion to adopt a
Resolution on the General Plan
Amendment; 5) Motion to waive
further reading of the Zoning
Ordinance; 6) Motion to introduce
the Ordinance.
A RESOLUTION APPROVING GENERAL PLAN
City Clerk Battaya did not read the title
of the Ordinance and stated that the
Staff Report requested that the Public
Hearing be continued to 9/24/86.
Mayor Teglia Stated that the letter from
M. Zellmer that had been read into the
record was in reference to this item and
should be added to the other documents.
Director of Planning Smith states that
the staff and Planning Commission had met
with the Downtown Merchants and that a
subcommittee had been formed and would
meet before the next Council Meeting on
the sign regulations.
She spoke of another concern voiced at
the last meeting on adult entertainment
and pointed out the areas on the map that
would allow adult entertainment under the
AMENDMENT GP-86-30 PURSUANT TO
PLANNING COMMISSION RESOLUTION NO.
2368, ADOPTED JUNE 12, 1986
1st Reading/Introduction
AN ORDINANCE REPEALING TITLE 17 AND
TITLE 20, WITH THE EXCEPTION OF
CHAPTERS 20.57, 20.59, 20.61 AND
20.63, OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE (ORDINANCES NO. 353
AND NO. 455, AS AMENDED) AND
ADOPTING A NEW TITLE 20 ENTITLED
"ZONING"
current zoning; and the resultant
restrictions in the new Ordinance to be
adopted. She stated that today that type
of business was restricted directly to
the east of the Bayshore Freeway, and the
new zoning would expand the area.
She stated that the new zoning would
allow a 2-5% area and probably fell
within a range that is considered ade-
quate according to a recent U.S. Supreme
Court decision in the City of Renton,
Washington that held that the 5% was ade-
quate to allow enough possibilities for
locating these types of businesses.
Mayor Teglia questioned if that meant
that a City had to have 5%.
City Attorney Armento stated that the
Court determined that 5% of Renton's area
was sufficient, the challenge was that
with leaving only 5% of the area
available for adult entertainment that
that essentially zoned adult entertain-
ment out of the community entirely -- and
the court said no there was still that
5%.
9/10/86
Page 10
0065
COMMUNITY DEVELOPMENT & ADMINISTRATION
12. Staff Report - Continued.
COMMUNITY DEVELOPMENT & ADMINISTRATION
She stated that the Court said that you
could not totally eliminate adult enter-
tainment uses from a community, and some
Courts had previously held that having
them out in industrial areas and far
reaches of town were insufficient. She
stated that in the Renton case they were
in a somewhat inaccessible area of town
which was 5%, and that was still held to
be acceptable.
Mayor Teglia stated that Council might be
more comfortable with a smaller number
and was happy with the area originally
selected on Spruce.
Director of Planning Smith stated that
another area of concern had been the 20
acres on Sign Hill which had been
designated as open space in the General
Plan; the site has severe development
constraints; access problems and slope
stability that make it very different
from most of the R-1 areas.
She spoke in detail of the purpose of the
General Plan Amendment for classification
and consistency in explaining policies
such as the 50 room hotel limitation.
She stated that a sincere effort had been
made to notify the business community of
the hearings before the Planning
Commission on the sign ordinance.
She stated that Staff felt that the
zoning designations proposed for the
Mazzante and Oak Farms properties were
proper.
She stated that if the Council chose to
adopt the modifications to the General
Plan at the next meeting Staff wanted
some direction on the preferred wording
on ten specific items.
Mayor Teglia stated that those items
would not be addressed until after the
public testimony was concluded and coun-
cil had thoroughly discussed this item by
item.
9/10/86
Page 11
AGENDA ACTION TAKEN 0066
COMMUNITY DEVELOPMENT & ADMINISTRATION
12. Staff Report - Continued.
COMMUNITY DEVELOPMENT & ADMINISTRATION
Mayor Teglia invited those wishing to
give input to step to the dais.
Nancy Butterfield, Esq., stated that her
firm represented Phil and Elaine Bill,
the owners of 20 acres on Sign Hill. She
proceeded to voice her clients concerns
with respect to the proposed zoning ordi-
nance: no notification of Planning
Commission hearings; no response from
questions raised by letter and personal
testimony, i.e., does the City intend to
purchase the Bill's land, in that they do
not intend to donate the land for
recreational purposes; the proposed
restriction of one single family home
unit per net acre on the land in
question, when the neighboring land
owners had been allowed to develop eight
units per acre; was there a rational
basis for the restriction or was it an
arbitrary figure; had not been sent a
copy of the Staff Report of 9/6/86 that
supposedly addressed her client's con-
cerns which stated that this piece of
property is topographically different
from the neighboring areas by being
steeper with the same density not being
possible. She stated that she did not
understand why she had not been notified
when she had made specific written
requests for notification of Planning
hearings.
She stated that the last concern, by the
City, she hoped, had been based on an
engineer's opinion and not simply the
opinion of lay people. She stated that
she would like to have access to any
reports from an engineer retained by the
City or the City Engineer so that her
engineer could review that report.
She stated that the Bill's engineer had
stated that it was possible to develop
this property in a reasonably safe,
aesthetically pleasing way with a deve-
lopment in excess of the proposed zoning
ordinance of one unit per net acre in
9/10/86
Page 12
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
12. Staff Report - Continued.
(Cassette No. 2)
COMMUNITY DEVELOPMENT & ADMINISTRATION
that it was unreasonable, and allow the
Planning Department, City Engineer and
the Bill's Engineer to determine the de-
velopment that would be allowed after the
plans were submitted.
Mayor Teglia stated that in reference to
not being noticed for the Planning
Commission hearings, she did not know
whether city ordinance required that
notice be given. She stated that the
Council had not responded to any
questions asked in the hearing process.
She stated that that would be done after
the public hearing was closed.
Councilman Nicolopulos requested that
Staff respond to all of the questions
raised in writing for Council con-
sideration after the Public Hearing was
closed.
Mr. Louis Dell'Angela, Environment
Development Group, reiterated earlier
concerns he had voiced: for the City to
do an impact of the sign regulations
throughout the City; make a survey of the
impacts of the sign restrictions; that a
master undergrounding of overhead utili-
ties should be formulated for the City;
that the staff report stated that there
were attached documents, yet there were
no attachments; General Plan Policy 5'4
to compensate a homeowner for a dedica'
tion as a density bonus - which it was
not; auto storage uses vs car dealers,
and car rental that brought in revenue to
the City; disagreed with Staff and felt
that the General Plan Amendment did not
have to be adopted before the zoning
ordinance; open space zoning, such as for
the Mazzante property that would infringe
on his development rights; respectfully
requested that the Council change the
General Plan designation for the Mazzante
property north of Colma Creek from open
space to medium density residential and
zone this portion of the Mazzante pro-
perty to R2H; that the Council was not
/10/8
age lJ
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
12. Staff Report - Continued.
RECESS:
Councilman Halley Arrived:
RECALL TO ORDER:
COMMUNITY DEVELOPMENT & ADMINISTRATION
legally bound to adopt this ordinance
until all of the problem areas have been
resolved, as the City was protected by
the current General Plan.
He stated that by the end of the week he
would submit to the Council and Staff a
report that would focus on approximately
70 sections of the zoning ordinance that
deserved close scrutiny.
Mr. Douglas Butler, 133 Adrian Avenue,
spoke of earlier plans by the City for a
lineal park, Colma Creek from the boun-
dary of Colma through Orange Park and
even recommended to extend all the way to
the Bay. He requested that the lineal
park be included in the ordinance for the
benefit of the community for benches and
bike paths.
Mayor Teglia stated that the lineal park
on a minor scope was included in the
Capital Improvement Program, and invited
Mr. Butler to give input when the Program
was discussed.
Vice Mayor Addiego stated that the boun-
daries of lineal park Mr. Butler
described could be incorporated into the
General Plan or Zoning Plan, and as pro-
perties are developed land could be dedi-
cated to effect the lineal park.
Mayor Teglia declared a recess at 9:25
p.m.
Councilman Haffey arrived at 9:30 p.m.
Mayor Teglia recalled the meeting to
order at 9:40 p.m., all Council present.
Mayor Teglia stated that the Sign
Ordinance would be culled out, in that
there would be meetings taking place with
further refinements to the ordinance.
She closed the Public Hearing on the rest
of the zoning ordinance and stated that
9/10/86
Page 14
COMMUNITY DEVELOPMENT & ADMINISTRATION
12. Staff Report - Continued.
13.
Public Hearing - Consideration of
an increase in garbage rates by the
So. San Francisco Scavenger Company
COMMUNITY DEVELOPMENT & ADMINISTRATION
Council would take any written further
comments on the zoning ordinance through
Monday, 9/22/86 no later than 5:00 p.m.
Councilman Nicolopulos stated that he
wanted to hear from the Chamber of
Commerce to see if they wanted the Public
Hearing closed or left open for more
input.
Mr. Frank Strazzarino, Executive Director
of the Chamber of Commerce, stated that a
letter had been written to the Council
requesting that the Public Hearing be
left open and continued to the next
meeting. He stated that the primary
issue of the Chamber was that of signage,
and the reason the request was made was
to leave the door open in case people had
other areas of concern pertinent to the
zoning change that they wanted to
address.
He stated that the Chamber was in the
process of sending a letter to the mem~
bership to educate the members on the
public hearing taking place, and would
prefer that the hearing was kept open for
another two weeks.
Mayor Teglia reiterated the closing of
the Public Hearing, culling out the sign
Ordinance and calling for written testi-
mony no later than 9/22/86 by 5:00 p.m.
Motion by Councilman Nicolopulos - To
keep the Public Hearing open for another
two weeks.
Mayor Teglia stated that the Motion died
for lack of a Second.
Councilman Haffey stated that he would be
contacting the City Clerk to listen to
the testimony given this evening during
his absence.
Removed from the Agenda under Agenda
Review and continued to the 9/24/86
meeting.
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT & ADMINISTRATION
13. Public Hearing - Continued.
- Continued from the 8/13/86
meeting.
Staff Report 9/10/86 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to adopt a
Resolution.
A RESOLUTION ESTABLISHING SCAVENGER
RATES AND CHARGES FOR 1986 AND
AUTHORIZING AMENDMENT OF AN
AGREEMENT FOR SCAVENGER SERVICES
13a. Adoption of a Resolution to ~-~/c~3
transfer funds to the Surplus
Property Commission for completion
of the purchase of the Oyster Point
Property from the General Services
Administration.
A RESOLUTION AUTHORIZING A
TRANSFER OF FUNDS TO THE SURPLUS
PROPERTY COMMISSION FOR COMPLETION
OF THE PURCHASE OF THE OYSTER POINT
PROPERTY FROM THE GENERAL SERVICES
ADMINISTRATION
TECHNICAL & MAINTENANCE SERVICES
14.
Staff Report 9/10/86 recommending
by Motion to approve the conditions
and authorize the City Engineer to
grant an Encroachment Permit to
the San Francisco Water Department
and proceed with the installation
of the Crystal Springs Pipeline No.
3 Project. ~5-~9
COMMUNITY DEVELOPMENT & ADMINISTRATION
M/S Drago/Addiego - To adopt the
Resolution.
RESOLUTION NO. 151-86
Carried by unanimous roll call vote.
TECHNICAL & MAINTENANCE SERVICES
Deputy City Manager/City Engineer Yee
stated that this item had been discussed
several years, and a Subcommittee had been
formed by the Mayor and former Councilman
Damonte. He stated that he had had many
meetings with the Staff of the water com-
pany to effect conditions that would be
satisfactory to install this water line.
He stated that it was a 60" water line
that would go from E1 Camino Real and
West Orange north to North Canal, east on
North Canal to Magnolia and Magnolia to
Baden and east of Baden to Maple; north
on Maple to Lux, east to Cypress to
Armour and Airport north to Randolph. He
stated that this route had been approved
by the Council in March, 1985, and since
that point had discussed the route and
9/10/86
Page 16
007
TECHNICAL & MAINTENANCE SERVICES
14. Staff Report - Continued.
TECHNICAL & MAINTENANCE SERVICES
method of construction, procedure of
construction with the Staff of the S. F.
Water Department.
He spoke of 27 conditions in his Staff
Report which he had had the City Attorney
review, and there had been many
discussions and meetings with all parties
to effect this end product of conditions.
He stated that Staff's concern was
disturbance to the City and to minimize
that would limit the area of work at any
one time to 1,000 feet and could not go
beyond that until that was completed. He
stated that a limit had been put on the
maximum time for continued construction
which was 30 days. He stated that S. F.
Water had been requested to post a cash
bond of $77,792 for this City's protec-
tion. He continued, the hours of work
would be from 8:00 a.m. to 4:00 p.m. and
if the Council wanted other conditions
added he would be happy to do so. He
stated that the project was to begin
early next year, and the project total
encompassed ten to eleven months.
Discussion followed: concern about open
ditches being left open overnight; a
plate would be put over an open ditch or
the ditch would be filled in; standard
construction procedures would be followed
by the Water Company; no street will be
allowed to remain unattended for longer
than 30 days; prior bad experience with
the Water Department's construction in
this City; that repaired, meant that the
street was put back to its original
condition.
M/S Nicolopulos/Haffey - To approve the
conditions and authorize the City
Engineer to grant an Encroachment Permit
to the San Francisco Water Department and
proceed with the installation of the
Crystal Springs Pipeline No. 3 Project.
Carried by unanimous voice vote.
9/10/86
Page 17
AGENDA ACTION TAKEN
0072
ITEMS FROM STAFF
ITEMS FROM COUNCIL
GOOD AND WELFARE
ITEMS FROM STAFF
No one chose to speak.
ITEMS FROM COUNCIL
No one chose to speak.
GOOD AND WELFARE
Mr. Elmore questioned if the Building
Department could make changes on his
building plans.
Chief Building Inspector Wittwer stated
that there were provisions in the
Building code to allow changes to be made
as necessary after the plans have been
approved if there are errors or changes
to be made. He stated that the plans
were stamped as being in compliance with
the Uniform Building Code, but are not
approved for the issuance of a permit
until the problem of the easement has
been worked out.
Mr. Elmore stated that the Building
Department's job was to inspect, approve
and enforce plans, but without the tech-
nicality of law.
City Manager Birkelo stated that the
Building Department worked under the
advice of the City Attorney's office. Mr.
,Elmore stated that he had met with the
City Attorney and they were in agreement,
now it seemed people were reneging.
City Attorney Armento stated that the
prior City Attorney had made recommen-
dations to Mr. Elmore, and that Mr.
Elmore had provided the City with a
letter which indicated that he would help
to defend the City in any suit in the
future. She continued, but that had not
been the only recommendation that had
been made, and in subsequent discussions
Mr. Wittwer had specified precisely
what the City needed in order to feel
comfortable in issuing the building per-
mit in relationship to the private ease-
ment.
9/10/86
Page 18
^GEND^ ^CT ON T^K _U 0073
GOOD AND WELFARE
GOOD AND WELFARE
Discussion followed: that those require-
ments had not been satisfied; that Mr.
Elmore had completed punch lists only to
be given new punch lists to complete,
etc.
Chief Building Inspector Wittwer stated
that the problem was that Mr. Elmore
wanted to construct a two-story building
over an easement which was the only
access to the neighboring property's rear
yard - which he felt could be worked out.
He stated that one of the problems was
the apparent refusal of the neighboring
owners to respond to Mr. Elmore's
requests, which was a legal problem that
perhaps the City Attorney could address.
Discussion followed: that there were
seven owners to be contacted and the City
Attorney would accept the signature of
one of those owners of the easement; that
Mr. Elmore's repeated efforts to get the
signatures had failed; that it was not a
joint easement; Mr. Elmore's attorney
told him that he could build as long as
he did not encroach on the neighbor's
easement.
City Manager Birkelo stated that Staff
could notify all of the owners of record
to tell them that they had 60 days to
notify the City if they objected to the
building permit being issued.
City Attorney Armento stated that this
would prove or disprove that the owners
either agree or disagree, which would put
the burden on the easement holders to
affirmatively come forward and do
something. She stated that if they did
not get a response then the City was
willing to issue the permit.
Councilman Haffey stated that the silence
of the easement holders would indicate
approval.
9/10/86
Page 19
AGENDA ACTION TAKEN
007
CLOSED SESSION
ADJOURNMENT
RESPECTFULLY SUBMITTED,
~~ttaya~ Clear~
City of South San Francisco
CLOSED SESSION
Council chose not to hold a closed
session.
M/S Haffey/Addiego - To adjourn the
meeting.
Carried by unanimous voice vote.
The meeting was adjourned at 10:30 p.m.
APPROVED.
a Cerri Teglia, Prc~sident
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.
9/10/86
Page 20