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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