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HomeMy WebLinkAboutMinutes 1988-02-24Mayor, Jack Drago Counci 1: Mark N. Addiego Ri chard A. Halley Gus Nicolopulos Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room February 24, 1988 ACTION TAKEN 7:31 p.m. Mayor Drago presiding. Council present: Council absent: Addiego, Haffey, Teglia, and Drago. Nicolopulos. City Clerk Battaya related that Councilman Nicolopulos had informed her that he would be away this week and unable to attend tonight's meeting. The Pledge of allegiance was recited. Rev. Robin Dummer, Grace Covenant Church, gave the invocation. AGENDA REVIEW City Manager Lewis stated that he had nothing to add or delete from the Agenda. Councilman Haffey stated that he would leave the meeting at 8:00 p.m. in order to be at the Airport on time for a flight to San Diego. He stated that he supported the Mayor's recommendation on Item No. 7; and sup- ported the City maintaining the trees on Item No. 8. ORAL COMMUNICATIONS Ms. Jeanette McGee, 402 E. 39th Ave., San Mateo, thanked the Council on action in relation to homelessness in San Mateo County. She stated that she was here to invite the citizens to a town meeting in this meeting room Tuesday, 3/8/88, at 7:00 p.m. She stated that it would be a public forum to discuss suggested action to be taken for the homeless in North County. 2/24/88 Page i AGENDA ACTION TAKEN ORAL COMMUNICATIONS ORAL COMMUNICATIONS Robert Kasper, Esq., stated that he was representing the Chamber of Commerce to proceeded to relate their current activi- ties: "A Sporting Event" on Thursday, 3/3/88, at the Elks Club; a quarterly mixer on 3/19/88 at Oliver's. He stated that he was Chairman of the Legislative Committee which had revised many policies to make it more attractive to the business community by presenting business view points. He spoke of the Mayor and Police Chief having been recent luncheon speakers for the Chamber. Mr. Alvaro Bettucchi, 609 Rocca Ave., stated that the games were sponsored by the Italian American Citizens Club, and that Budweiser Beer was donating funds to sponsor the games. He stated that this was a one shot deal wherein the Italian athletes had been invited to participate in the games, however in future perhaps the winners of the bike race and track and field would be invited to attend. He stated that for 1992, which would be the 500th anniversary of the discovery of the U.S. by Columbus, contact had been made with the Italian Government for a mete of the best athletes of Italy and the U.S. for games in South San Francisco. He stated that the Committee did hold fund raisers because the games last year had cost $23,000. He thanked the Council for their support and the use of Orange Park, as well as other facilities for the games. He stated that Lucca, Italy had been the Sister City for ten years, and suggested that the City name one of its streets Lucca in commemoration of that fact. Vice Mayor Teglia stated that might be possible in a new development, resi- dential or commercial in this City. 2/24/88 Page 2 AGENDA ACTION TAKEN --ORAL COMMUNICATIONS ORAL COMMUNICATIONS Mayor Drago stated that he had written a memo to the Planning Staff to consider naming a street Lucca in one of the new subdivisions to be built. Mr. Larry Pera congratulated the newly el ected Counci lmembers. Ms. Anna Iniguez stated that she was representing the employees of the Hair Cottage on W. Orange Ave., and questioned what type of construction was going on in that area; and how long it would con- tinue. She stated that the dust and the noise was becoming a problem for her clients, children in the area, as well as traffic on the narrow streets. Deputy City Manager/City Engineer Yee stated that it was a San Francisco Water Co. project that was installing a 50" water line throughout our community bet- ween Orange/E1Camino to Airport Blvd. and the Brisbane City limits. He stated that the pipeline had been completed except for the connection at the junction of E1Camino and W. Orange, and should be completed within the next thirty days. Mr. Lou Dell'Angela, 460 Gardenside Ave., stated that the new proposed redevelop- ment project was the largest redevelop- ment concept ever proposed in this City, and had been scheduled for a January Redevelopment meeting - which had still not been held. He requested that notifi- cation be given to interested people to inform them of the scheduled meeting, and invite public input which the prior notice had not done. He stated that the notice given for the January meeting had been confusing in that it focused on funding for the down- town area, yet 80% of the area covered in the project was outside the downtown. Mayor Drago stated that he understood that after it had been reviewed by the 2/24/88 Page 3 AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Requesting approval of the Minutes of the Regular Meeting of 1/13/88, Regular Meeting of 1/27/88, Special Meeting of 2/3/88, and the Regular Meeting of 2/10/88. e Staff Report 2/24/88 recommending adoption of a Resolution author- izing execution of agreement with Wilson Ihrig & Assoc. to ORAL COMMUNICATIONS Planning Commission it was being refined because there were certain areas being taken out and others added, and the Council had not yet seen the finished product. Mr. Dell'Angela stated that he believed the Council would review the document at the 3/23/88 meeting, and again requested notification to interested parties to be aware of the magnitude of the project. City Manager Lewis stated that Staff would normally notify affected parties. Ms. Zona Morris, 123 Francisco Dr., stated that there was a park behind her home and she was concerned about older teenagers drinking and throwing bottles in the park, as well as, police incidents of flashing. She stated that she was afraid to take her small child to the park and enlisted Council aid to correct the situation. She stated that there was supposed to be a neighborhood crime watch, yet on the two occasions that she had called the police no one had responded. Mayor Drago stated that Police Captain Raffaelli was in the audience and would look into the matter. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR So ordered. 2/24/88 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 2. Staff Report - Continued. furnish construction related support for Aircraft Noise Insulation Project, Phase II. A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR PROFESSIONAL CONSTRUCTION CONTRACT ADMINISTRATION SERVICES IN CONNECTION WITH THE AIRCRAFT NOISE INSULATION PROJECT - PHASE II, PROJECT NO. PB-83-5A APPROVAL OF BILLS Approval of the Regular Bills of 2/24/88. :o/3 CITY MANAGER e Staff Report 2/24/88 recommending: 1) Motion to waive further reading of an Ordinance; 2) Motion to adopt the Ordinance cancelling the 4/12/88 Special Municipal Election. 2nd Reading/Adoption AN ORDINANCE REPEALING ORDINANCE NO. 1027-88 AND CANCELLING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF ORANGE MEMORIAL PARK IMPROVEMENTS TO THE QUALIFIED VOTERS OF THE CITY OF SOUTH SAN FRANCISCO COMMUNITY DEVELOPMENT & ADMINISTRATION Staff Report 2/24/88 recommending of a Resolution to adoption request proposals for the sale of 5"/O2. CONSENT CALENDAR RESOLUTION NO. 23-88 M/S Haffey/Teglia - To approve the Consent Calendar. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Teglia/Haffey - To approve the Regular Bills in the amount of $1,027,676.20. Carried by unanimous voice vote. CITY MANAGER City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Addiego - To adopt the Ordinance. Voting Yes: Councilmembers Addiego, Drag,, and Teglia; Voting No: Councilmember Haffey - Vote failed because it did not receive a 2/3 vote of the entire Council. COMMUNITY DEVELOPMENT & ADMINISTRATION Director of Planning Smith stated that this concerned the sale of City 2/24/88 Page 5 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 5. Staff Report - Continued. the Grand and Chestnut property. A RESOLUTION AMENDING RESOLUTION~ NO. 15-87 CONCERNING THE SALE OF SURPLUS REAL PROPERTY (NORTHWEST CORNER GRAND AVENUE AND CHESTNUT AVENUE) COMMUNITY DEVELOPMENT & ADMINISTRATION property at the northwest corner of Grand and Chestnut, and recommended that the Council adopt the Resolution. She stated that in as much as the County of San Mateo had withdrawn its proposal to acquire the property, Staff wanted to resubmit to all of the interested deve- loping parties this request for proposal. She stated that a new appraisal had been obtained based upon 35 lots at $38,000 per lot, which amounted to $1.3 million. She described the second step to be added to the bid procedure: for the City to invite the top five bidders who also meet the other standards, to participate in a second round of negotiations with the highest bidder being awarded the exclu- sive right to bid for the property; in the case that the procedures have not been gone through in a reasonable period of time, then the City would reserve the right to go to another bid; that the screening process of the top five would include their coming up with a proposal acceptable to the City; that the streets involved in the project would all have to be public streets, and perhaps one could be named Lucca. Discussion followed: that this procedure had been followed once before in the City; that the Council should review the original encumbrances put on the proper- ty; changing or not changing the zoning of the property; having the project be single family detached homes; eliminating a paragraph, and a) and b) on page 2; density bonuses were in the State law; incorporating the draft amendment as part of Exhibit B; eliminating 2a) and b) and the paragraph ahead of it as well as c); that the property was zoned RPD-iO, and perhaps using one or two cluster arrangements with one or two of the units; strike 26 on page 4 and renumber, etc. 2/24/88 Page 6 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 5. Staff Report - Continued. COMMUNITY DEVELOPMENT & ADMINISTRATION Mr. Dell'Angela stated that he was concerned with some of the criteria in the proposal: with the provision for streets, public or private, a developer could only get 6 to 6~2 units per acre; why not a provision for someone to bid on a 10 acre project, which was not excessive considering the surrounding area; that the proposal was cumbersome in terms of procedure; that there was not a closure date in the procedure; getting away from the land subsidy lien; that the City should stay away from exclusive negotiations as much as possible in the open bidding process; that the entire valley area should be considered for an extension possibility; for Council to defer the matter for two weeks and streamline the proposal in the interim. Discussion followed: that the proposal stated that the City would consider the top five bidders; that the primary egress would be on Grand Ave.; that Mr. Dell'Angela's point was that selling the property and improving the property were not necessarily the same thing; someone could pay the City $1.8 million and sit on the property for five years; that Councilman Addiego would like Staff to put together a more specific document; page 11, stated that the city will respond to all proposals no later than 6/17/88; that the City had always been interested in the Developer's ability to buy the property, and in the ability to follow through on the project; that the property had all of the right attributes for development and should attract a lot of qualified buyers; that the bidding process and procedures gave the City control, etc. M/S Teglia/Addiego - To adopt the Resolution, with revised Exhibits pur- suant to Council direction. RESOLUTION NO. 24-88 Carried by unanimous voice vote. 2/24/88 Page 7 AGENDA ACTION TAKEN POLICE 12. Staff Report 2/24/88 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance to prohibit left turns into parking spaces on Grand Avenue. (Cassette No. 2) 1st Reading/Introduction AN ORDINANCE ADDING SECTION 11.20.050 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROHIBIT LEFT TURNS INTO PARKING SPACES ON GRAND AVENUE (Cassette No. 2) ITEMS FROM STAFF POLICE City Clerk Battaya read the title of the Ordinance in its entirety. Mayor Drago questioned if it was illegal now to make left hand turns over a double line by State Vehicle Code. Police Capt. Raffaelli stated that the Section that used to be cited was a U-Turn in a business district, however, the D.A. had stated, that Section does not apply because it was not a con- tinuous movement when they pull into a parking space, so the only alternative was to adopt a City ordinance prohibiting the movement. Mr. Pedro Gonzales, 804 Olive, spoke in favor of the ordinance, but asked that it be extended to the other streets, such as Linden and Maple which have the same problems. Vice Mayor Teglia asked why it could not be extended to Linden and Maple Avenues. Capt. Raffaelli stated that the original problem had been on Grand Avenue with the diagonal parking, however, the residen- tial section was covered by another Vehicle Code. Mayor Drago stated that this ordinance could be acted upon and at a later date other affected areas could be incor- porated into another ordinance. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Addiego - To introduce the Ordinance. Carried by unanimous voice vote. ITEMS FROM STAFF No one chose to speak. 2/24/88 Page 8 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 7. Appointment to Boards and Commissions. ITEMS FROM COUNCIL Mayor Drago made the following recommen- dations for reappointment to the Housing Authority: Richard Noftsger, and Richard Battaglia. He made the following recom- mendations for appointment to the Housing Authority: Ernestine Nilmeyer, and Lena Dietrich. He made the following recom- mendations for Tenant Housing Authority Commissioners: Alexander Frendo, and Richard Tsuei. M/S Teglia/Addiego - To reappoint to the Housing Authority Richard Battaglia - term ends 3/31/90, Richard Noftsger - term ends 3/31/91; to appoint Lena Dietrich - term ends 3/31/89, Ernestine Nilmeyer - term ends 3/31/89; As Tenant Commissioners Alexander Frendo - term ends 10/11/90, and Richard Tsuei - term ends 10/11/90. Carried by unanimous voice vote. M/S Teglia/Drago - To reappoint all Commissioners eligible for reappointment and have indicated an interest in serving further. Mayor Drago stated that some of the Boards had to be clarified because on the Youth Commission there had been a recom- mendation for two members not to be reap- pointed, because they did not attend meetings; and that the Personnel Board and the Historic Preservation Commission were the only Boards open. Vice Mayor Teglia stated that the Youth Commission fell under a totally different category, and vacancies would be adver- tised in the early spring at the end of the prior academic year. Councilmember Addiego stated that he had no problem in reappointing to the new Historic Preservation Commission, however, on the other Board people had put their name forward to challenge incumbents, so why not appoint for eight year terms rather than four if the Council did not want to look at new people. 2/24/88 Page 9 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 7. Appointments - Continued. 8. Discussion of trees along Junipero Serra Boulevard. 6oor° ITEMS FROM COUNCIL Mayor Drago suggested appointing the Historic Preservation Commission tonight and discuss the Personnel Board appoint- ments at the next meeting. Motion and Second were withdrawn. M/S Addiego/Drago - To reappoint Helen Gookin to the Historic Preservation Commission - term ends 12/31/90, and to reappoint Victor Feudale to the Historic Preservation Commission - term ends 12/31/90. Carried by unanimous voice vote. Vice Mayor Teglia stated that it had come to her attention that there were a number of residents that live along Junipero Serra that have backyards that in some instances extend somewhat up the slope. She continued, apparently some 25-30 years ago it was believed that Caltrans planted pine trees, for the presumed pur- pose of soil stabilization, in public areas as well as on private property. She stated that in the interim the trees had grown extensively, and the people wanted the trees topped and trimmed. Mr. Charles Grech, 779 Newman Dr., related that he had been a resident in the area since the tract opened in 1956, and that three years later the State had planted the trees on Junipero Serra. He stated that the trees were not nursery trees, but forestry trees that had reached the height of 100 feet. He continued, the State had turned Junipero Serra Blvd. over to San Mateo County, who then turned it over to So. San Francisco. He stated that the residents wanted the City to exercise their responsibility and main- tain the trees. He cited the following concerns: damage to property and life from a fallen tree; a promise ten years earlier from Landscape Supervisor Duplessis that the trees would be topped when the City 2/24/88 Page 10 A G E N D A A C T I 0 N T A K E N -~!,~ ITEMS FROM COUNCIL 8. Discussion of trees along Junipero Serra Boulevard. ITEMS FROM COUNCIL bought the proper vehicle for the work - the vehicle was purchased but the trees were not topped; that the Public Works Dept. had pruned the trees in the area behind Winston Manor; patios were turning green with algae from the trees obscuring the sun; that the lawns grew hair from the lack of sunlight. He stated that one day one of the trees would come down onto a house in the area, and he was sure that a Judge would be more sympathetic than the Council had been up to this point. Deputy City Manager/City Engineer Yee stated that there had been a complaint from 765 Newman Dr., however the policy had been that the City does not go on private property to prune trees. He stated that he had no idea whether the trees had been planted by the Division of Highways or Caltrans or anyone else because the City did not have any record. He stated that the most important issue was what kind of a policy was the City going to exercise; and secondly if the City was going to have a policy to take care of these trees, then it was just a matter of money; and thirdly, the issue of liability all had to be considered and then a policy should be set. Mayor Drago stated that he knew the City could not maintain private property, but it was not a black and white situation - there were borderline cases. He con- tinued, if there was a record to show that the State or County had planted the trees, it was a possibility that the people had no choice, however, the question was whether it was public pro- perty at one time, and then became private property. Discussion followed: that there were 38 trees around the five or six houses; if a policy was established to maintain the 38 trees, then all of the other houses will 2/24/88 Page 11 ITEMS FROM COUNCIL 8. Discussion - Continued. ITEMS FROM COUNCIL want the same policy. Mr. Grech related the following: that Junipero Serra sloped towards the homes, which is where the trees were planted, and then there were level spots without trees to mitigate slides; that there were two rows of trees on City property that had not been touched in 31 years; that the City only trimed the trees in the middle; that Mr. Gary Bush, State of California, said there were no State records going back further than 25 years. Vice Mayor Teglia stated that she shared a similar concern with the Mayor's viewpoint, that if the trees were planted by an Agency for a public purpose related to the road and its construction, then the County assumed responsibility for the public right of way. She stated that she understood the liability aspect and the cost of maintenance, however, when the City had not maintained the trees in 30 years, she felt the maintenance costs could be handled more fairly. Councilman Addiego related the following: that during the heavy rains of 1982-83 there were some slides into homes in West Winston Manor, and at that time he had asked the City Manager if the City could assist the homeowners in the homes that were damaged from the slides; the Manager had indicated that it was not possible for the City to enter private property and expend public dollars to save public property. City Attorney Armento stated that was essentially true, the provision in the law that says you can not make a gift of public funds, can be construed that if you go and expend public monies on private properties - you are violating that provision. Vice Mayor Teglia questioned: if an individual had private property, and a public agency did something to that pro- 2/24/88 Page 12 AGENDA ACTION TAKEN CITY COUNCIL 8. Discussion - Continued. CITY COUNCIL perty in the way of protection, such as the home in Westborough that sank and was a danger to the public roadway and the City went in to try to correct the situation - therefor, where was the prohibition. City Attorney Armento stated that in the case cited the City could do something on private property, but it was not clear if Caltrans planted the trees to benefit the road or planted to stabilize the slopes which resulted from the road. She con- tinued, the slopes themselves were on private property, and the issue now did not appear to be any damage from the trees on the roadway, but the concern was the potential damage and the overall effect on sunlight that the trees are having on the private property. Discussion followed: if the slopes failed, where was the road; whether the residents wanted the trees removed; how topping the trees would affect the soil stabilization; that there were no indica- tions of deed restrictions that say the trees have to be cut and can't be remo- ved; that removal of the trees could start erosion of the slopes which would ruin the highway. Mayor Drago directed Deputy City Manager/City Engineer Yee to meet with the residents and if necessary trim the City trees. Vice Mayor Teglia stated that what she understood from the residents was not removal of the trees, but for the trees to be topped and trimed so they will remain healthy and not adversely affect them. Councilman Addiego stated that Mr. Yee was saying that the City could satisfy the residents on the 38 trees, but all along the roadway was a similar situation with 290 trees in total, and if anything 2/24~88 Pa9e 13 AGENDA ACTION TAKEN ..... ITEMS FROM COUNCIL 8. Discussion - Continued. Discussion of the use of barbed wire within the City limits, and a request by Vice Mayor Te§lia for staff to prepare an ordinance regulating same. 10. Discussion of alternatives for the acquisition of the Mazzanti property. 5~6C) ITEMS FROM COUNCIL were to happen to the untouched trees there could be a substantial lawsuit · through the City having taken over the responsibility of the 38 trees. Vice Mayor Teglia stated that the City had already assumed the obligation of the trees in the public right of way, and wanted to know: who owned the trees; who was to maintain the trees; what the age and health conditions were; and are they in fact safe today, and so notify the residents. Deputy City Manager/City Engineer Yee stated that he would meet with neigh- borhood collectively, and get back to the Council. Vice Mayor Teglia stated that she was not sure if what she wanted was an ordinance, however, she wanted to express her con- cern over applicants who had come to the City on behalf of a specific project for permission to use barbed wire. She stated that these requests had been denied. She stated that barbed wire was not the image this City wanted to pro- ject. She stated that since that time barbed wire had begun to crop up in the residential community, west of the freeway and in the downtown section, and wanted to refer this back to staff -- if not for an ordinance, then a procedure to restrict its use unless or with some sort of a use permit process. Mayor Drago stated that there was consen- sus of Council on a policy, because he would not like to see firefighters being cut up while fighting grass fires. City Manager Lewis stated that he would like to discuss this at a future date after Council direction for Staff to work up some concrete proposals. Vice Mayor Teglia stated that she thought that the Council would see some proposals tonight, in that time was drawing short 2/24/88 Page 14 AGENDA ACTION TAKEN -- ITEMS FROM COUNCIL 10. Discussion - Continued. GOOD AND WELFARE CLOSED SESSION 11. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negot- iations and litigation. ADJOURNMENT: ITEMS FROM COUNCIL in exercising City options to purchase the property. Consensus of Council - For Staff to deve- lop and bring back alternatives in four weeks. Vice Mayor Teglia stated that she wanted the City Manager to apprise the property owners on the proposals to be considered on the acquisition of this property, and wanted a report on the availability of California Water property on a lease basis. GOOD AND WELFARE Deputy City Manager/City Engineer Yee stated that after 14 years of City ser- vice he would be leaving his position in July. He stated that he was grateful for the opportunity to have served the City, however, it was now time to move on to other things. Mayor Drago stated his regret over the announcement, and felt that Mr. Yee was one person he had always had the highest respect for in the City. CLOSED SESSION The Council chose not to hold a Closed Session. M/S Teglia/Addiego - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:20 p.m. 2/24/88 Page 15 RESPECTFULLY SUBMITTED , Barbara A. Battaya, City Clerk/ City of South San Francisco APPROVED. /~_~~k Drago, Ma~yor~ (~ty 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. 2/24/88 Page 16