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HomeMy WebLinkAboutMinutes 1987-02-11Mayor Mark N. Addiego Vice Mayor John "Jack" Drago Counci 1: Richard A. Haffey Gus Nicolopulos Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS AGENDA REVIEW ORAL COMMUNICATIONS M I N U T E S 0002~0 City Council Municipal Services Building Community Room February 11, 1987 ACTION TAKEN 7:35 p.m. Mayor Addiego presiding. Council present: Council absent: Haffey, Drago, Teglia, and Addiego. Nicolopulos. City Clerk Battaya stated that she was in receipt of a letter from Councilman Nicolopulos explaining that he was on vacation, and unable to attend tonight's meeting. She stated that Councilman Nicolopulos requested that she read his prepared statement into the record in protest to Item No. 7, the Ordinance, being adopted. The pledge of allegiance was recited. Reverend McFarland, First Assembly of God, gave the invocation. PRESENTATIONS Supervisor Tom Huening introduced himself to the audience and pledged his coopera- tion and support to the City during his tenure of office. Mayor Addiego presented Supervisor Huening with an official pin of the City. AGENDA REVIEW City Manager Birkelo stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Mr. A1 Waters, 2266 Shannon Dr., stated that he was representing the Westborough Concerned Citizens Committee and cited the following: that Council consider having district elections for Council seats to more properly give represen- tation to the Westborough area; that a 2/11/87 Page i AGENDA O00B I. ACTION TAKEN ORAL COMMUNICATIONS ORAL COMMUNICATIONS measure be put on the November 1987 elec- tion for the voters to decide on district elections; that district elections would better serve the multi-racial society and give the citizens more input in the system. Mayor Addiego requested that Staff put discussion of a potential ballet measure on district elections on the next regular meeting. He suggested that then, Mr. Waters could make a formal presentation on the measure. Mr. Tom Sabbadini, 140 Merced Dr., stated that two weeks ago he had addressed the Council on a zoning problem on his pro- perty on Littlefield. He stated that it had always been adequate as a permitted use that was now restricted as a use by the zoning ordinance. He stated that as a result of a meeting with Vice Mayor Drago, Staff and his father on the following day the difficulty had been partially solved. He stated that it had been found that other businesses in the community had the same problems, and had not been given the opportunity to make their views known to the Council prior to the passage of the ordinance. He reiterated a solution previously sub- mitted to the Council: if the property was a well established property, built and occupied prior to the ten year period of the effective date of the zoning ordi- nance, then the use should be grand- fathered in under the previous zoning. He stated that he would be happy to serve on a committee to help other businesses also affected by the zoning ordinance. Councilwoman Teglia stated that from reading the report there was a use pro- posed for the property and that use was unacceptable; and it appeared that the 2/11/87 Page 2 ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Approval of the Minutes of the Adjourned Regular Meeting of 1/21/87, Adjourned Regular Meeting of 1/28/87, and the Regular Meeting of 1/28/87. 2. Staff Report 2/11/87 recommending adoption of a Resolution of award ORAL COMMUNICATIONS grandfathering did take affect because it was the same use, an on-going use, while a non-conforming use; and that as long as the business did not close down for six months, then use could continue into the future. (A copy of the memo from the Planning Director to the City Council, dated 2/4/87, is attached and a permanent part of the record of this meeting.) Vice Mayor Drago stated that he was happy to have helped Mr. Sabbadini, who had had an urgent request, but wondered how many other people were affected by the zoning ordinance. He suggested that the Planning Commission should investigate the changed zones for heavy industrial use zoning. Mayor Addiego suggested Mr. Sabbadini address the Planning Commission on Staff being directed to investigate the areas of heavy industrial zones. Ms. Jennifer Gains, Senator Kopp's Office, stated that the Senator's Office at 363 E1Camino Real was open and encouraged citizens to come in and address their concerns to the Senator. COMMUNITY FORUM Vice Mayor Drago stated that he had received a response to his letter to Cable TV on late charges, and was happy to relate that Cable TV would not charge a $2.00 late fee until after 30 days of non-payment of the bill. CONSENT CALENDAR Approved. 2/11/87 Page 3 · ~:ITY OF ,~)UTH SAN FRANCI~ ~ INTER-OFFICE MEMORANDUM 000;898 DATE: TO: SL!B.I I,~'T: FROM: February 4, 1987 Honorable City Council USE OF PROPERTY AT 480 LITTLEFIELD AV-_~NUE, IN THE P-I ZONE Planning Director At the City Council meeting of January 28 Mr. Tom Sabbadini addressed the Council on the difficulty experienced by his father in leasing the property at the above address. Specifically he .... noted that his father, Mr. Gene Sabbadini, wanted to lease this property to Steven~s Bay Area Diesel Service but had been told by the Planning Division that this use is not allowed in the P-I Planned Industrial zone. Acting MaYor Drago requested that staff meet with the Sabbadinis and report back to Council. Mr. Gene Sabbadini had been in the Planning office twice in early January to inquire about staff's informing-the owner of the Diesel Service that his use could not occupy the subject property. It was staff's understanding from both the Diesel Service owners and the property owner that the property had been vacant since April 1986; in addition that would constitute a different use from the well drilling company identified as the last occupant. Under the new zoning ordinance the use would therefore have to be in conformance with the provisions of the P-I Planned Industrial zone; truck repair is not allowed in P-I. At the meeting with Messrs. Gene and Tom Sabbadini on January 29 new information and clarification of both the uses and the dates of occupancy were provided. The building not only is currently occupied but was occupied until November, 1986 by R.A.C. Construction; RAC~s business was repair of trucks and related construction equipment. Under the section of the ordinance dealing with nonconforming uses, the Diesel Service can occupy the premises at 480 Littlefield as a continuation of the truck repair use. Mark Lewis Deputy City Manager ' gan T. Smith /Planning Director ML: JTS: sp $S/205/6/86 2/11/87 Page 3a AGENDA ACTION TAKEN CONSENT CALENDAR 2. Staff Report - Continued. of contract for the Colma Sewer Metering Station, Project No. SS-83-1A to Uniacke Construction, Inc. in the amount of $8,575 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT COLMA SEWER METERING STATION, PROJECT NO. SS-83-1A; BID NO. 1743 Staff Report 2/11/87 recommending adoption of a Resolution approving the form of agreements for installation of improvements to reduce aircraft noise imposing within a structure in connection with the Aircraft Noise Insulation Project No. PB-85-3. A RESOLUTION APPROVING THE FORM OF AGREEMENTS FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A STRUCTURE Staff Report 2/11/87 recommending by Motion to set a Public Hearing date of 2/25/87 to consider the Sign Regulation Sections of the Revised Zoning Ordinance, Title 20 of the South San Francisco Municipal Code. e Staff Report 2/11/87 recommending by Motion to set a Public Hearing date of 2/25/87 to consider the Sign Regulation Sections of the Revised Zoning Ordinance, Title 20 of the South San Francisco Municipal Code. CONSENT CALENDAR RESOLUTION NO. 11-87 RESOLUTION NO. 12-87 Removed from the Consent Calendar for discussion by Mayor Addiego. M/S Addiego/Haffey - To approve the Consent Calendar with the exception of Item No. 4. Carried by unanimous voice vote. Mayor Addiego stated that due to the far reaching effects of the sign ordinance, he would prefer that the Public Hearing date be set for the first meeting in March. M/S Addiego/Teglia - To set a Public Hearing for 3/11/87. Carried by unanimous voice vote. 2/11/87 Page 4 A G E N D A A C T I 0 N T A K E .~00~5 APPROVAL OF BILLS 5. Approval of the Regular Bills of 2/11/87. CITY ATTORNEY Ge Staff Report 2/11/87 recommending: a) Motion to waive full reading of the Ordinance; 2) Motion to adopt the Ordinance concerning smoking regulations in the workplace. 2nd Reading/Adoption AN ORDINANCE ADDING CHAPTER 8.50 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE SMOKING APPROVAL OF BILLS M/S Haffey/Teglia - To approve the Regular Bills of 2/11/87 in the amount of $820,675.51. Carried by unanimous voice vote. CITY ATTORNEY City Clerk Battaya read the title of the ordinance in its entirety. Mr. Pfaff, President of the Chamber of Commerce, stated that the Executive Board had not taken a position on the smoking ordinance, and requested the item be con- tinued to allow input from the members unaware of the proposed ordinance. Councilman Halley stated that he could understand Mr. Pfaff's concern, howeve~ it was usually the business community that often stated that the government did not move quickly enough. He stated that the Council had discussed this issue numerous times, many of which had been televised, and did not feel that the item should be continued. M/S Haffey/Drago - To waive full reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Drago - To adopt the Ordinance. Mr. Pfaff stated that the Chamber had a monthly newspaper to reach each of the members, and that information on the ordinance had been included and mailed recently to the membership. He stated that many businessmen in the Chamber did not live in South San Francisco and did not receive the Enterprise Journal or the Progress to be apprised of Council actions. Discussion followed: that the City had subsidized the Chamber; that the Chamber had had ample opportunity to notify the membership on the smoking ordinance; that 2/11/87 Page 5 CITY ATTORNEY 6. Staff Report - Continued. CITY ATTORNEY the City Attorney had included a summary of the Ordinance in the Chamber bulletin, that perhaps a continuance would be help- ful to the Chamber, etc. Councilman Haffey withdrew his Motion, and Vice Mayor Drago withdrew his second to the Motion to adopt the Ordinance. Mr. Robert Hahn, Executive Director of the San Mateo County Medical Society, stated that most all of the cities in the Bay Area Counties had passed the model ordinance without any costs to the busi- ness community. Mr. S. N. Benson stated that he was disappointed that the Council was con- tinuing the item. He stated that the Chamber was not doing its job, and that there had not been opposition from the Chamber members at any of the meetings. Mr. Ralph Lentz stated that he had brought this issue before the Council at the 10/29/86 meeting, and felt the Chamber had had plenty of time to notify its members. Ms. Marilyn Isaacs stated that she was very disappointed in the delay, and felt that the Council should vote on the ordi- nance and let the Chamber members come forward at a later meeting if there was opposition. M/S Haffey/Teglia - To adopt the Ordinance. ORDINANCE NO. 1010-87 Carried by unanimous roll call vote. Mr. Pfaff stated that he personally felt that the smoking ordinance was appropriate, however, the final document had not been before the public until the last meeting. 2/11/87 Page 6 AGENDA ACTION TAKEN CITY ATTORNEY 6. Staff Report - Continued. CITY MANAGER Staff Report 2/11/87 recommending: a) Motion to waive full reading of the Ordinance; 2) Motion to adopt the Ordinance concerning the duties and responsibilities of the City Manager. 2nd Reading/Adoption AN ORDINANCE AMENDING CHAPTERS 2.36, 3.04, 3.24, AND 3.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE CONCERNING THE DUTIES AND RESPON- SIBILITIES OF THE CITY MANAGER POLICE Staff Report 2/11/87 recommending: a) Motion to waive full reading of the Ordinance; 2) Motion to introduce the Ordinance on animal licensing and control. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 9.04 CONCERNING ANIMAL LICENSING AND CONTROL WITH REGARD TO RABIES VACCINATIONS AND PROTECTION OF ANIMALS IN MOTOR VEHICLES ~/~' 0"1,93 CITY ATTORNEY Mr. Jake Jones, 12 E1Campo Dr., stated that he was in favor of the ordinance, however the Council could postpone other items while running for another elected office, so why not continue this for two weeks. CITY MANAGER City Clerk Battaya read the title of the Ordinance in its entirety. She read a letter into the record from Councilman Nicolopulos, dated 2/5/87, in protest to the adoption of this Ordinance (a copy is attached and a permanent part of the record of this meeting.) Councilman Haffey stated that he agreed with Councilman Nicolopulos' arguments, but disagreed with his conclusion. M/S Haffey/Teglia - To waive full reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To adopt the Ordinance. ORDINANCE NO. 1011-87 Carried by majority voice vote, Vice Mayor Drago voted no. POLICE City Clerk Battaya read the title of the Ordinance in its entirety. Police Chief Datzman explained that the Ordinance was in response to a request to all San Mateo County cities to require that all dogs are vaccinated prior to licensing; and verification of that vaccination within ten days; add a requirement to protect animals by pre- venting their being transported unsecured in an open vehicle, etc. 2/11/87 Page 7 DATE: TO: SUB,JECT: FROM: CITY OF SOUTH SAN FRANCISCO INTER-OFFICE MEMORANDUM POLICE 8. Staff Report - Continued. ITEMS FROM STAFF Status report on the Crystal Springs Pipeline No. 3 Project with the San Francisco Water Department. POLICE M/S Teglia/Haffey - To waive full reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. ITEMS FROM STAFF Deputy City Manager/City Engineer Yee stated that the contractor would be ready for construction on March 5th at the intersection of North Canal Street, and continuing north along Magnolia Avenue to reach Baden Avenue toward the end of March. He stated that it had been originally intended that the contractor would exca- vate, lay pipe, and backfill as usual, but not replace the asphalt paving. He stated that San Francisco Water was to pay the City the value of the paving in cash, which would be applied toward the proposed Baden Avenue Reconstruction pro- ject, instead the contractor will treat Baden the same as the other streets, repaving the trench and applying the slurry seal curb to curb. He stated that the work would proceed up Maple, crossing under Grand Avenue in late April or early May and continue along Lux, Cypress, Armour, and Airport Boulevard and finish up at the Brisbane City limit in August, etc. Discussion followed: concern that Baden Avenue would not be refurbished by the Water Company during the project; that Council would be asked to meet on the third Wednesday of March to discuss the Capital Improvement Project, and set guidelines for the operating budget and the repair of streets; setting priorities on repair of streets, etc. 2/11/87 Page 8 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 10. Subcommittee report on the Magnolia Senior Center Project. lOa. Westborough Community Center. lOb. Goals and Objectives. GOOD AND WELFARE CLOSED SESSION 11. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litigation. ITEMS FROM COUNCIL Councilman Halley reported the following on behalf of the Subcommittee: that the project was proceeding on time; the sche- duled date of completion was mid-August; there was a savings of $93,370 due to · better soil conditions than anticipated; a $30,000 savings because a fire pump was not necessary; that a total of $123,370 could be laid aside for potential impro- vements. He stated that the following improvements could be made from the savings: brass railing; excavation of additional space for future improvements; reserve for con- tingency and future adult day care impro- vements, etc. Councilman Haffey stated that there had been a meeting today, and reported that the schedule was being adhered to; the project would go out to bid in late spring; bid to be awarded at the first meeting in July, etc. Vice Mayor Drago stated that this was an example of the Council being attuned to the Westborough concerns. Councilman Haffey stated that the Subcommittee wanted a study session with the full Council to formulate guidelines for the departments. Vice Mayor Drago stated that he would like the Mayor to appoint a Subcommittee on Ways and Means to go over the Capital Improvement and Operating Budget in detail, and he would volunteer his ser- vices on the committee. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session to discuss the items noticed and the Shearwater litigation at 9:03 p.m. /11/~7 age ~ AGENDA ACTION TAKEN 000: 01 RECALL TO ORDER: ADJOURNMENT: Mayor Addiego recalled the meeting to order at 9:40 p.m., all Council present, no action taken. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment 9:41 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, Clerk 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. 2/11/87 Page 10