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HomeMy WebLinkAboutMinutes 1988-09-21 Mayor Jack Drago Council: Mark N. Addiego Richard A. Halley Gus Nicolopulos .... Roberta Cerri Teglia MINUTES City Council 020i Municipal Services Building Community Room September 21, 1988 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 21st day of September, 1988 at 7:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: PRESENTATIONS Proclamation: Voter Registration Day in San Mateo County on 9/27/88 Certificates of Historic Resources: Walter and Edna Harks, 210 Eucalyptus Avenue William and Jo Zemke, 211 Eucalyptus Avenue Hale and Virginia Porter, 814 Miller Avenue Russell Pape regarding E1 Camino Plaza Assessment District AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Regular Bills of 9/14/88. ® Requesting a Motion to set a Public Hearing for 9/28/88 to con- sider the appeal by Richard A. Bocci of the Historical Preservation Commission decision on 8/11/88 to make 100-116 Grand Avenue a historic resource designation. ® Requesting a Motion to set a Public Hearing for 9/28/88 to con- sider the appeal of the Planning Commission decision of 8/1/88 on UP-77-392/Mod 3 Pak'N'Save to allow a multi-tenant facility, including a 24-hour warehouse grocery store and other office/ retail space in an existing vacant retail building, including the modification of loading facilities, sign program, and landscaping at 2255 Gellert Boulevard. 4. Motion to set study sessions with Boards and Commissions. Bo Staff Report 9/21/88 recommending adoption of a Resolution formalizing City Council participation in Social Security. A RESOLUTION AUTHORIZING AND DIRECTING THE AUTHORIZED AGENT TO COMPLETE AND EXECUTE THE REQUIRED APPLICATION AND AGREEMENT BETWEEN THE CITY AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND 9/21/88 Page I 5. Staff Report - Continued. 0205 ® ® e ® 10. TO PERFORM ALL OTHER INCIDENTAL ACTS NECESSARY TO INCLUDE THE MEMBERS OF THE CITY COUNCIL UNDER FEDERAL SOCIAL SECURITY ON A DIVIDED BASIS. 11. Staff Report 9/21/88 recommending adoption of a resolution authorizing submittal of applications for child day care facility licenses, and designating the Director of Recreation and Community Services Terry Jewell as Administrator. A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CHILD DAY CARE FACILITY LICENSES TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES AND DESIGNATING THE DIRECTOR OF RECREATION AND COMMUNITY SERVICES, TERRY JEWELL, AS ADMINISTRATOR. Staff Report 9/21/88 recommending adoption of a resolution con- cerning the transfer of the Cable Television Franchise from Western TV Cable to Western Communications, Inc. and from Western Communications, Inc. to the Chronicle Publishing. A RESOLUTION CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FOR THE CITY FROM WESTERN TV CABLE TO WESTERN COMMUNICATIONS, INC. AND FROM WESTERN COMMUNICATIONS, INC. TO THE CHRONICLE PUBLISHING COMPANY Requesting a Motion to waive the festival fees for St. Veronica's Church Festival to be held on 9/23/88 - 9/25/88. Requesting a Motion to waive the festival fees for Mater Delorosa Church Festival to be held on Sept. 30th and on Oct. I & 2, 1988. Requesting a Motion to waive the festival fees for All Souls Church Festival to be held on Oct. 7, 8, 9, 1988. Staff report recommending adoption of a resolution authorizing an amendment to fiscal year 1988-89 Library Operating Budget. A RESOLUTION APPROVING AMENDMENT 0-1 TO THE 1988-89 OPERATING BUDGET 12. Staff report recommending a Motion to accept the Roof Replacement at Paradise Valley Recreation Center Project No. PB-87-3. CITY ATTORNEY 13. Staff report 9/21/88 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 1.24.020 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO INCREASE THE MAXIMUM PENALTY FOR MISDEMEANOR VIOLATIONS CITY MANAGER PLANNING 14. Staff report 9/21/88 recommending by Motion to approve Precise Plan PP-88-16, Boat Sales and Repair, Oyster Point Marina subject to the conditions and findings in the staff report. 9/21/88 Page 2 Dated: FIRE 15. Staff Report 9/21/88 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING SECTION 15.24.090 ENTITLED "FIREWORKS" FROM THE SOUTH SAN FRANCISCO MUNICIPAL CODE POLICE 16. Staff Report 9/21/88 recommending: 1) Motion to waive further reading of the ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 10.44 OF SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10.44 ENTITLED "MINORS - CURFEW" ITEMS FROM STAFF 17. Hillside School Playfield Improvements related to the Terrabay Project. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 18. Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and litigation. ADJOURNMENT September 26, 1988 ~ttaya~ City of South San Francisco AGENDA CALL TO ORDER: (Cassette No.1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ACTION TAKEN 7:37 p.m. Mayor Drago presiding. Council present: Addiego, Halley, Nicol opul os, Tegl ia, and Drago. Council absent: None. The Pledge was recited. Rev. Raymond Lockley, Aldersgate Methodist Church, gave the invocation. PRESENTATIONS 9/21/88 Page 3 AGENDA ACTION TAKEN PRESENTATIONS Proclamation - Aldersgate United Methodist Church Proclamation - Voter Re9istration Day in San Mateo County on 9/27/88 Proclamation - Italian American Games Certificates of Historic Resources: ~a Walter and Edna Harks, 210 Eucalyptus Avenue William and Jo Zemke, 211 Eucalyptus Avenue Hale and Virginia Porter, 814 Miller Avenue Russell Pape regarding E1Camino Plazaj~go Assessment District PRESENTATION Mayor Drago read the Proclamation aloud and presented it to Rev. Lockley. Councilman Addiego read the Proclamation aloud. Mayor Drago read the Proclamation aloud and stated that he would present it at the banquet on Sunday at the Italian American Club. Historic Preservation Commission Chairman Mullin presented the Certificates to: Walter and Edna Harks for the "Spangler House (1916); William and Jo Zemke for the "Peck House" (1916); Hale and Virginia Porter for the "Ledwith Colonial Revival House" (1930). Deputy City Manager/City Engineer Yee stated that this item should really be on a study session, however, there had not been one for a while and the Mayor had requested it be placed on this agenda. He stated that this would be an assessment district located between E1 Camino Real and Colma Creek. between Macy's and Kaiser Hospital. Mr. Russell Pape stated that he was representing the formation of the E1 Camino Plaza Assessment District which would take up all the property north of Kaiser Hospital including up to those just south of Macy's Warehouse. He stated that he was a real estate broker and had originally become involved in the area when asked by Mr. Brasesco, S.F. Garden Mart, to handle sale of his property in the middle of the location. He stated that at the time E1Camino had just been straightened, and it left some excess land between the new roadway and the frontage of each individual parcel in 9/21/88 Page 4 PRESENTATION Russell Pape - Continued. PRESENTATION that area. He continued, so Mr. Brasesco had asked him if he could find out if he could purchase that excess property and sell it with his property. He stated that investigation had found another owner, Miller and Lux, who did not realize they still owned the property. He stated that he had gone to the City to file a new parcel map to include the frontage property, and the City had informed him that there was no sewer serving this property nor the surrounding property; and no City water services because they were all tied into the S.F. Water Dept. property that runs right through the land; that the City also required repair to the Colma Creek Canal in order to obtain a parcel map. He con- tinued, because of the location of Mr. Brasesco's property and the configuration or the lay of the land, there wasn't a sewer to hook up to on E1Camino, and it was unable to run out the back of the property towards Old Mission Road because it would have to go so deep under the canal one could not get a gravity flow. He stated that Mr. Arata, an engineer, had searched out the nearest sewer hookup and it turned out to be south and behind the properties. He presented the boun- daries of the proposed assessment district, and City plans to extend Hickey Blvd. He stated that the properties in the area were: Cavalier Motel, Red Arrow Trailer Court, Broadmore Lumber pro- perty, S. F. Garden Mart, Wildwood Motel, PG&E, McLellan Nursery, and Macy's. He spoke in detail on the following: sewer line going through the lumber yard, crossing to Old Mission Road; that the current water services ended at Kaiser Hospital to the south, and by Macy's Warehouse on the north; the Colma Creek Canal was in disrepair from the rear of Macy's; that it became apparent to try and share the costs with the adjacent owners who were in need of the same improvements; that the adjacent owners 9/21/88 Page 5 AGENDA ACTION TAKEN Russell Pape - Continued. were contacted and were in agreement to share the cost of these improvements with th~ exception of Mrs. McLellan and the owner of the Cavalier Motel; that the district comprises some 21 acres, and all of the improvements would be assessed on an improvement basis; that Mrs. McLellan and the Cavalier Motel represented about 15% of the entire district, so he had 85% of the approvals from the property owners; that Mrs. McLellan had told him she would not sign it, and would not fight the district being formed; that the easements had been obtained with the exception of the private party easement which was yet to be finalized. He stated that the canal ditch was approximately 20' deep and the concrete lining only went half way up the banks, so the requirement was for them to bring the lining up to the top and repair areas in need of repair; then the water would be extended including fi re hydrants. Mayor Drago questioned if the Assessment District would be mandatory for Cavalier and McLellan if approved by the Council. Mr. Pape stated that his understanding from City officials was that if they had ownership representing over 60% of the land included in the District, that the others would be or could be required to become members of the District. Councilman Haffey questioned staff: why this item was agendized in this manner; why there was not a recommendation from staff on the item. Deputy City Manager/City Engineer Yee stated that this item had been on the study session list for some time, along with other items, and he had been informed by his staff that the Mayor had requested that it be put on this agenda, which served in lieu of a study session. Mayor Drago stated that he had made the request, but assumed that staff wanted action on the item. He suggested that it be agendized for action. 9/21/88 Page 6 AGENDA ACTION TAKEN Russell Pape - Continued. Vice Mayor Teglia questioned Mr. Yee: the Colma disrepair was one of the stretches where the Colma Creek Flood Control District had a project. if Mr. Yee responded no, the project ended at Polk Avenue and this portion was still the responsibility of the property owner and or the City. Vice Mayor Teglia stated that this was between Oak and the trailer court, and questioned if the Flood Control District had done work behind the trailer court, or was it still pending. She questioned, that as part of this hookup, would the assessment district pick up the improvements. Deputy City Manager/City Engineer Yee responded that the Flood Control District had not. He stated that the creek itself was under a 50 year storm and to accom- modate that the City required developers to improve the creek because the Flood Control District does not maintain or improve the area. He stated that at this time there was not money to improve that portion of Oak, and someone would have to make improvements upstream. He stated that repairs to this portion of the creek had been done in 1933 by WPA, up to a certain portion, with rock and concrete, and today the City was requiring the developer to use concrete for the rest of the creek to increase the capacity in that stretch. Mr. Pape stated that he now realized that perhaps this was the wrong format to pre- sent this proposal. Vice Mayor Teglia stated that a year ago she had heard that something like this was coming forward, but at that time there were some concerns of property owners on the Mission Road side of Colma Creek. Mr. Pape stated that he was not aware of any concern from any other property 9/21/88 Page 7 AGENDA ACTION TAKEN Russell Pape - Continued. AGENDA REVIEW ~' - City Manager Armas Requested: - Remove Item No. 7 from consideration. Mayor Drago Requested: - Move Item No. 17 up on the Agenda, to be heard after the Consent Calendar. Councilman Addiego Requested: - Add a Report from the Subcommittee on South City Ford. Councilman Halley Requested: - Add a Report from the Subcommittee on the Jail Site. ORAL COMMUNICATIONS owners on the Old Mission Road area, however, the improvement that would be taking place because this improved the one remaining stretch of the creek needing improvement. Councilman Haffey stated that he looked forward to a staff analysis and recommen- dation, so the Council could take appropriate action. AGENDA REVIEW Mayor Drago introduced the new City Manager, Jesus Armas, and stated that he had been the Acting City Manager of the city of Hayward. City Manager Armas stated that he was honored to be working in this City with its exciting opportunities to become even greater, and looked forward to working with the Council and members of the com- munity. So ordered. So ordered. So ordered. So ordered. ORAL COMMUNICATIONS Mr. Elmore, 1051 Airport Blvd., questioned: if staff made decisions that were incorrect and he could prove it, would the Council correct the situation. Mayor Drago stated that if Mr. Elmore could document any sort of error by staff, it would be corrected. He sug§estd that Mr. Elmore bring the docu- mentation to the City Manager, who would make sure the Council received all of the documentation. 9/21/88 Page 8 --- COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Regular Bills~o~ of 9/14/88. ® Requesting a Motion to set a Public Hearing for 9/28/88 to consider the appeal by Richard A. Bocci of the Historical Preservation Commission decision on 8/11/88 to make 100-116 Grand Avenue a historic resource designation. 3e Requesting a Motion to set a Public Hearing for 9/28/88 to consider the appeal of the Planning Commission decision of 8/1/88 on UP-77-392/Mod 3 Pak'N'Save to allow a multi-tenant facility, including a 24-hour ware- house grocery store and other office/retail space in an existing vacant retail building, including the modification of loading facili- ties, sign program, and landscaping at 2255 Gellert Boulevard. 4. Motion to set study sessions with Boards and Commissions. Be Staff Report 9/21/88 recommending adoption of a Resolution formal- izing City Council participation in ~l ~ Social Security. ~oo A RESOLUTION AUTHORIZING AND DIRECTING THE AUTHORIZED AGENT TO COMPLETE AND EXECUTE THE REQUIRED APPLICATION AND AGREEMENT BETWEEN THE CITY AND THE PUBLIC COMMUNITY FORUM Councilman Nicolopulos reiterated his earlier announcements on the S.S.F. High School 75th Anniversary, and asked for a response from Council on the requests put forward from the Alumni Committee for assistance. Councilman Addiego requested the item be agendized for Council action at the next meeting. CONSENT CALENDAR Regular Bills of 9/14/88 approved in the amount of $2,350,532.25. Public Hearing set for 9/28/88. Public Hearing set for 9/28/88. Removed from the Consent Calendar for discussion by Vice Mayor Teglia. RESOLUTION NO. 117-88 9/21/88 Page 9 ...... CONSENT CALENDAR 5. Staff Report - Continued. EMPLOYEES' RETIREMENT SYSTEM AND TO PERFORM ALL OTHER INCIDENTAL ACTS NECESSARY TO INCLUDE THE MEMBERS OF THE CITY COUNCIL UNDER FEDERAL SOCIAL SECURITY ON A DIVIDED BASIS Staff Report 9/21/88 recommending adoption of a resolution author- izing submittal of applications for child day care facility licenses, and designating the Director of Recreation and Community Services Terry Jewell as Administrator. A RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR CHILD DAY CARE FACILITY LICENSES TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES AND DESIGNATING THE DIRECTOR OF RECREATION AND COMMUNITY SERVICES AS ADMINISTRATOR. 0 Staff Report 9/21/88 recommending adoption of a resolution concerning the transfer of the Cable Television Franchise from Western TV Cable to Western Communications, Inc. and from Western Communications, Inc. to the Chronicle Publishing Company. A RESOLUTION CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FOR THE CITY FROM WESTERN TV CABLE TO WESTERN COMMUNICATIONS, INC. AND FROM WESTERN COMMUNICATIONS, INC. TO THE CHRONICLE PUBLISHING COMPANY ® Requesting a Motion to waive the festival fees for St. Veronica's Church Festival to be held on 9/23/88 - 9/25/88. Requesting a Motion to waive the festival fees for Mater Delorosa Church Festival to be held on Sept 30th and on Oct. i & 2, 1988. CONSENT CALENDAR RESOLUTION NO. 118-88 Removed from the Consent Calendar by the City Manager under Agenda Review. So ordered. So ordered. 9/21/88 Page 10 AGENDA ACTION TAKEN .... CONSENT CALENDAR 10. Requesting a Motion to waive the festival fees for All Souls Church Festival to be held on Oct. 7, 8, 9, 1988. 11. Staff report recommending adoption of a resolution authorizing an amendment to fiscal year 1988-89 Library Operating Budget. A RESOLUTION APPROVING AMENDMENT 0-1 TO THE 1988-89 OPERATING BUDGET 12. Staff report recommending a Motion to accept the Roof Replacement at Paradise Valley Recreation Center Project No. PB-87-3. 4. Motion to set study sessions with Boards and Commissions. ITEMS FROM STAFF 17. Hillside School Playfield > Improvements related to the Terrabay Project. (Cassette No. 2) CONSENT CALENDAR So ordered. RESOLUTION NO. 119-88 So ordered. M/S Addiego/Haffey - to approve the Consent Calendar with the exception of Item No. 4. Carried by unanimous voice vote. Vice Mayor Teglia stated that many of the Council would be attending the League of California Cities Convention on 10/19/88, and suggested approving all suggested meetings with the exception of 10/19/88; and reschedule that particular one. M/S Teglia/Haffey - To schedule the following meeting dates: 9/28/88 at 6:00 p.m. at the MSB with the Personnel Board; 10/12/88 at 6:00 p.m. at the MSB with the Planning Commission; 10/26/88 at 6:00 p.m. at the MSB with the Housing Authority/Historic Preservation Commission; 11/9/88 at 6:00 p.m. at the MSB with the Library Board; 12/14/88 at 6:00 p.m. at the MSB with the Parks & Recreation Commission. Carried by unanimous voice vote. ITEMS FROM STAFF Mayor Drago stated that he started this about three months ago when he had received some concerns from members of 9/21/88 Page 11 AGENDA ACT Z ON TAKEN ........ ITEMS FROM STAFF 17. Hillside School Playfield Improvements - Continued. ITEMS FROM STAFF of the Baseball Managers Association. He continued, the discussion had been about the Hillside playground, and the feeling at the time was that if it was possible that the Developer would agree that the in-lieu funds to build Hillside Park could be used by the City for other areas in the City. He stated that there had been two meetings and the matter had been forwarded to the Park & Recreation Commission for discussion and review of the proposal. He stated that in the Development Agreement between the City and the Developer of San Bruno Mountain, each party had a veto power, and if a section of the development agreement was to be removed it took both parties agreement. He stated that he had received a letter regarding the Terrabay/Hillside/School playfield discussion from Mr. John Ochsner of W. W. Dean & Assoc., which outlined the original agreement in detail, and the bottom line said ..."Please understand that we will continue to listen to inno- vative ideas, but it must be understood that for any new agreement to take place it should benefit all parties involved and not just one segment of the com- munity. Hence we will not support the idea of relocating these facilities to another location remote from Terrabay Project." Mayor Drago stated that what it meant was that the discussion of the removal of the playfield or in-lieu fees was moot now, since the Developer had opted to take advantage of the veto power and did so this week. Director of Recreation & Community Services Jewell stated that a number of people had been present at the meetings, and if not all of them - most represented various youth league organizations throughout the City in soccer and youth baseball. He continued, it was the strong concern of all of those present at 9/21/88 Page 12 AGENDA ACTION TAKEN --- ITEMS FROM STAFF 17. Hillside School Playfield Improvement - Continued. ITEMS FROM STAFF the Commission meetings that if it was at all possible, the City should not go for- ward with developing the playfields, and instead try to negotiate some in-lieu fee to then have additional funds available to make improvements in other areas of the City. He stated that the opposition to was the same opposition that he believed had been raised early on in 1981/1982, where wind and coldness in that area were problems. He stated that those same concerns had been raised when the Commission took their vote: 3 votes to leave in tack the agreement as it stands; two felt that it would be worth trying to negotiate an in-lieu fee; one abstention, and one person was absent. Mayor Drago stated that at the Council 9/28/88 meeting there would be a discussion on the sale of the Alta Loma property, and he felt that would be the night the people should present the needs of the sports community. He stated that if the property was sold, he believed there would be enough to answer the needs of both the baseball and soccer people. He stated that he hoped that the Liaison Subcommittee would meet with the School District Liaison Subcommittee and between them discuss the possibility of the improvement of their property, and impro- vement with monies that would be realized from the sale of our property. Councilman Addiego stated that the Developer had responded, and was taking an extremely hard line. He continued, in that it was the Developer's effort to convince the community that he was willing to do these wonderful things for the entire City by including these types of sport facilities in his development, and now he is looking at it as just what will benefit Terrabay - that particular corner of South San Francisco. He stated that the Developer must 9/21/88 Page 13 AGENDA ACTION TAKEN ITEMS FROM STAFF 17. Hillside School Playfield Improvement - Continued. ITEMS FROM STAFF understand that while the City is the one asking for some consideration at this point in time, there are a lot of appro- vals and a lot of hurdles for this Developer to clear before he breaks ground on Terrabay; so he might want to think about whether or not he would be coming to the City on the Development Agreement. He stated that he had spoke with the City Attorney to understand the situation that might arise, and there could be an oppor- tunity to allay the fears of this par- ticular Developer in that he seems to be very suspicious of the motivations for looking at this portion of the Development Agreement. He stated that the Developer hold the right to develop this property, if the Council and the Developer were to agree that there could be an amendment to the development, that would open the possibi- lity of a referendumable action that the Assistant City Attorney had communicated in some documents to the Park & Recreation Commission which the Developer fears. He stated that in talking to the City Attorney today he understood that what he holds in his hand could be guaranteed, and if the two parties got together and agreed that there would be an amendment to the agreement; and if for some reason that became a referendable ~ction, the Council's decision could be to rescind the amendment to the Development Agreement which gets the Developer back to square one; and in a fail safe position, where he will not lose any potential to develop. He wanted the Developer to understand all of the options. Councilman Nicolopulos stated that there was a definite sports need in the com- munity and wanted to explore the options, because he had been against Hillside for sport fields. He stated that Hillside was disfunctional for sports, and the 9/21/88 Page 14 AGENDA ACTION TAKEN ITEMS FROM STAFF 17. Hillside School Playfield Improvement - Continued. ITEMS FROM STAFF sports needs of the City still had to be addressed and solutions found. Mayor Drago stated that the in-lieu fees discussed by the sports managers amounted to one half million dollars, and could address the needs of the sport fields in the City. He suggested a three way discussion with Mr. Dean, School District, Baseball and Soccer Managers. Councilman Haffey stated that this had been discussed at meetings six or seven years ago, it had been reviewed by the School Board, and in numerous public hearings. He stated that the compromise mentioned by the Mayor, through the sale of City property that was open space, was something to be considered to improve fields. Councilman Addiego stated that some four months ago during the Mayor's absence through illness, the Council had authorized the Mayor to execute the Development Agreement. He had cautioned the rest of the Council on this type of thing, and in several more months the City would again be in control when the Developer had to ask for something. Mr. Ochsner, W. W. Dean, Assoc., stated that he had written the letter to the Council saying that they would not con- sider relocating the fields, based on the evidence heard to-date. He stated that it was not that they were not willing to discuss things, but when pushed and asked to make a decision - with the evidence in hand had responded to that. He stated that he felt from the reaction in the papers, that may or may not be correct, that the community at large does not understand the history of Terrabay; what they had been through on this pro- ject; that over the past few months they had literally been spending tens of thousands of dollars with every type of 9/21/88 Page 15 AGENDA ACTION TAKEN ---- ITEMS FROM STAFF 17. Hillside School Playfield Improvement - Continued. ITEMS FROM STAFF consultant in the world; had finally got an agreement on this, and then at the last moment, please come and say, well we haven't heard about this - it is all new to us -- when we have been doing what they had agreed on for some time. He stated that he was in sympathy with the sports managers, however, there had always been a shortage of sports fields, and if they were to satisfy them they would sell out the agreement with the School District for the new facilities. Mayor Drago questioned if Mr. Ochsner would sit in on meetings with liaison subcommittees that were to take place. Mr. Ochsner stated that they would be willing to sit in on any meetings on com- munity projects, and would render assistance. Mr. Jim Keegan, 1244 Crestwood Dr., stated that he was a member of the Board of Directors of the S.S.F. Youth Baseball Managers Association. He stated that the project was never meant to be part of the Terrabay Development, and retraced the history of the project; the 1981 election on the initiative; that the Hillside was planned as an election strategy, and became part of the specific and develop- ment plan that was not that closely exa- mined; that this was lost in the bigger question of whether the project should go forward because of the litigation involved; that people were not aware that the project was going to be built on School District property; problems of road access to the project; the proposal for the cut slope, retaining wall and road to the proposed field was $200,000 - and the School District only agreed to pay $66,000 and would not maintain the road; who would maintain the road; that in-lieu payment had been proposed as an option by Mr. Ochsner to him after the School District meeting; that the project 9/21/88 Page 16 AGENDA ACTION TAKEN ITEMS FROM STAFF 17. Hillside School Playfield Improvement - Continued. ITEMS FROM STAFF had been reviewed in detail informally, and referred to the Recreation Commission; that the Council was hearing the recommendation from the Recreation Commission; that a referendum was being discussed in a fearful manner, yet he was not going to circulate it; that discussion should be held with the two liaison committees. Councilman Haffey stated that it was well know that Mr. Keenan was opposed to any development on South Slope, and did not want Mr. Dean's project to go forward; yet he was willing to accept the in-lieu fees or the benefits of that project - yet didn't see a conflict there. Mr. Keegan stated that he was against the project, but requested an explanation of conflict. Councilman Haffey stated that the conflict of interest was that Mr. Keegan was opposed to this project in its entirety, and now might not be motivated by his opposition to these sports fields in that location because of his opposi- tion to the project; and questioned that Mr. Keegan didn't see that there might be a conflict. He commented that there were basically two issues here: opposition to the entire project; and sports fields that were adequate, safe and well maintained. He felt that the Commission should look at the long range plan of what was to be done with sports fields in general, so that both the soccer and baseball people were satisfied. He stated that what he did not want to see happen, was that people who were involved in the opposition to the entire Terrabay Project somehow take advantage of the inadequacy of the City's sports fields. Mr. Herb Maintzer, S.S.F. Youth Soccer Club, stated that the goal of the Club 9/21/88 Page 17 AGENDA ACTION TAKEN ITEMS FROM STAFF 17. Hillside School Playfield Improvement - Continued. ITEMS FROM STAFF was to provide soccer for youth ages 5-19, and they brought teams into the City from other states. He stated that how anyone would allow their kids to play on a soccer field on Hillside when it had a rock base, existing exposed manholes, steep slopes and the like. He urged the Council to take in-lieu fees to improve and light existing fields to accommodate the growing soccer sport. Mr. John Fahey, S.S.F. PeeWee League and Baseball Managers Assoc., questioned how long the City was going to allow youths to play on the inadequate fields in the City, as well as there not being enough practice fields to accommodate the sports. He urged the Council to use in-lieu fees to improve the existing facilities by upgrading and proper main- tenance of the fields. Councilman Haffey requested a comparison of the City's level of service to fields to other cities. Vice Mayor Teglia stated that she wanted to know the amount of money that had been spent in the last five years on existing fields. Mrs. Jane Kemper 1321 Hillside, stated that she lived directly across the street from the proposed field and had been directly involved with discussions of the project since its inception. She stated that notes had been taken on the various concerns of the residents on the unde- sirability of the playground, yet Mr. Ochsner stated that these objections were just now being aired. She stated that a 7-11 store had been originally proposed right next to the tot lot and tennis court, and was removed from the plan. She stated that she was hearing that the people expected the playground - the residents did not expect it. She stated that if it was a good area for a playground you would see children playing 9/21/88 Page 18 ITEMS FROM STAFF 17. Hillside School Playfield Improvements - Continued. ITEMS FROM STAFF there now, instead it was not used because it was very windy and the children used the area across from Jefferson with its lighted field. She stated that she had seven children and never allowed them to play in that area. She stated that there had been two Recreation Commission meetings, one of which she had attended, and learned that the tapes from both meetings had been lost. She stated that at the meeting she attended there had been much discussion on a wind study of the building, which was sheltered, rather than one being done on the proposed field. She stated that a field at the Hillside School was a bad idea. Mr. Joe Battaglini stated that he was one of the founders of the sports youth move- ment in this community, and wanted to see fields suitable for soccer. He stated that the proposed Hillside field was pneumonia gulch with its wind factors, as well as having manholes on the field which would pop off during run-offs. He urged the Council to have the Subcommittees, Mr. Dean and interested parties go to the proposed field and see for themselves the concerns expressed. He stated that he wanted the door left open for negotiations, because he did not want a field built that no one would use. Mr. Keith Mei, 338 Alida, stated that he was a member of the youth baseball mana- gers group, and felt that the proposed Hillside location was not a good place for practice or play. He spoke of the many fields in South San Francisco for organized sports that were not in good condition and should be upgraded. Mr. John Penna expressed the following concerns: that the real issue was the fields; that negotiations did not seem complete; that Council should con- 9/21/88 Page 19 AGENDA ACTION TAKEN ITEMS FROM STAFF 17. Hillside School Playfield Improvements - Continued. ITEMS FROM STAFF tinue negotiating for the community; that the $200,000 cost for the Hillside road was still not settled; who will maintain the road; that the community fields were not adequate, etc. Mr. Kee§an stated that he agreed with Mr. Battaglini that there should be a fi eld trip to the proposed fi eld wi th all con- cerned parties. Councilman Haffey suggested that the City Manager poll the Council to arrange a field trip. Chairman Park & Recreation Commission Jones stated that he had voted against the Hillside field because of the wind factor. He stated that there had only been two complaints in four years on condition of the City's sport fields, and suggeseted people come to Commission meetings to provide input. He stated that if Mr. Dean would give the in-lieu fees, $200,000 would not be needed for the road. Mrs. Pat Martinson stated that Mr. Dean wanted to build the soccer field to tout himself and the development, and felt that Councilman Haffey was trying to intimidate those people opposed to the Terrabay Development. Mr. Don Simon, Manager PeeWee League, stated that on paper this was great, however, to put money into a ballpark that was unsafe was foolish. Mrs. Avis Savery, 6 Iris Court, stated that she was opposed to Terrabay, however, this issue had gone through an initiative process and the Supreme Court. She stated that she and others were intelligent and rational people, long time residents with innovative ideas, and 9/21/88 Page 20 AGENDA ACTION TAKEN ITEMS FROM STAFF 17. Hillside School Playfield Improvements - Continued. RECESS: RECALL TO ORDER: CITY ATTORNEY 13. Staff report 9/21/88 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to ~,~ adopt the Ordinance. ~ 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 1.24.020 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO INCREASE THE MAXIMUM PENALTY FOR MISDEMEANOR VIOLATIONS CITY MANAGER PLANNING 14. Staff report 9/21/88 recommending by Motion to approve Precise Plan PP-88-16, Boat Sales and Repair, Oyster Point Marina subject to the conditions and findings in the staff report. FIRE 15. Staff Report 9/21/88 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING SECTION 15.24.090 ENTITLED "FIREWORKS" FROM THE SOUTH SAN FRANCISCO MUNICIPAL CODE ITEMS FROM STAFF was surprised that Councilman Haffey attacked Mr. Keegan; and meant to intimi- date all those against the project. She stated that all people with ideas and opinions should be allowed to speak without insult to the Council. Mayor Drago declared a recess at 9:42 p.m. Mayor Drago recalled the meeting to order at 9:54 p.m., all Council present. CITY ATTORNEY City Clerk Battaya read the title of the Ordinance in its entirety. M/S Teglia/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To adopt the Ordinance. ORDINANCE NO. 1039-88 Carried by unanimous voice vote. CITY MANAGER M/S Teglia/Haffey - To approve Precise Plan PP-88-16, Boat Sales and Repair, subject to the conditions and findings in the staff report. Carried by unanimous voice vote. FIRE City Clerk Battaya read the title of the Ordinance in its entirety. Fire Marshal Lagomarsino stated that this Ordinance would repeal that section of the Fire Code Ordinance that allows the use of safe and sane fireworks which is prohibited by the State Uniform Fire Code. 9/21/88 Page 21 A G E N D A A C T I 0 N T A K E N (ii,~ © ~ FIRE 15. Staff Report - Continued. FIRE He spoke in detail on various fi re sta- tistics on injuries caused by safe and sane fi reworks, as well as illegal fi reworks. He stated that there were only six cities left that allow safe and sane fireworks in San Mateo County: Brisbane, Pacifica, Daly City, Colma and South San Francisco. He stated that staff had met with repre- sentatives of the organizations and ser- vice clubs who sponsor fireworks booths, and the following options had been presented: minimum age to purchase fi reworks of 21 years; shorten the sales period to four days rather than 9; require suppliers to make available and venders to distribute fi reworks safety handouts with every purchase. Discussion followed: number of booths allowed by current ordinance; that the statistical outline did not breakdown fires by category; that the statistics bore no relation to fires caused by safe and sane fireworks; that there were as many fires before the 4th of July period as there were during and after; that Mayor Drago felt that the culprits of fires were those using illegal fireworks rather than users of safe and sane fireworks; that the Mayor would rather see the Police and Fire efforts be directed at people using firecrackers and bottle rockets; that Pacifica had banned safe and sane fireworks, only to have a referendum which reestablished their use; Mayor Drago did not want the ordinance and would rather see the 21 age limit be imposed on the sale of safe and sane fireworks and shorten the sale to four days; statistics in the staff report; that many fi res were caused by children playing wi th matches. Mr. Sam N~lmeyer, 1041Sunnyside Dr., stated that he wanted the Council to adopt the ordinance. 9/21/88 Page 22 FIRE 15. Staff Report - Continued. FIRE Ms. Linda Hass, Burlingame, stated that $70,000 of the proceeds received from the sale of safe and sane fireworks were returned to the City through programs to feed the hungry, etc. She stated that high chairs and ice cream cones caused more injuries in this country, and fireworks were traditional. Mr. Jerry Quinlan, 318 Alta Mesa, stated that he was involved with the YMI fi reworks program which benefited the community through donations to the needy at Thanksgiving and Christmas, as well as scholarships and was against the Council adopting this ordinance. Mr. A1 Troy, 743 Circle Court, stated that the community benefits from the charitable and fraternal organizations sale of safe and sane fireworks out- weighed any notations on a fire graph. Councilman Hafl~ey stated that he had ini- tiated ~his action, but it had not been intended to hurt any charitable organiza- tion. He stated that he was concerned over the safety of children, and it was hard to enforce the use of illegal fireworks when the sale of safe and sane fireworks was permitted. He suggested passing the ordinance with the stipula- tion that it not be enforcable for two years to allow the charitable organiza- tions to seek other means of revenue. Councilman Nicolopulos stated that the statistics collaborated Mayor Drago's con- tention, that safe and sane fireworks do not cause fires. Council Addiego stated that children started with safe and sane fireworks, get bored and go to illegal fi reworks. M/S Haffey/Addie§o - To introduce an ordinance on safe and sane fireworks that would take effect the 5th of July, 1988. 9/21/88 Page 23 AGENDA ACTION TAKEN FIRE 15. Staff Report - Continued. (Cassette No. 3) POLICE 16. Staff Report 9/21/88 recommending: 1) Motion to waive further reading of the ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 10.44 OF SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10.44 ENTITLED "MINORS - CURFEW" FIRE City Attorney Armento stated that the Council could adopt the 1988 Uniform Fire Code as written, which would put the City on record as banning safe and sane fireworks. Mayor Drago stated that it could be two to three years after 1988 before the City adopted the Code. City Clerk Battaya stated that a Motion and Second had not been made to waive further reading of the ordinance. Motion withdrawn by Councilman Haffey. M/S Haffey/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Addiego - To introduce the ordinance with the proviso that it will not take effect until the 5th day of July 1989. Carried by majority voice vote, Councilman Nicolopulos voted no, and Mayor Drago abstained. POLICE City Clerk Battaya read the title of the ordinance in its entirety. Police Chief Datzman stated that this ordinance revised the Municipal Code to list the situations in which a minor may legally be in a public place after 10:00 p.m., to make the Code in line with a recent Court of Appeals decision, etc. M/S Teglia/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To introduce the 9/21/88 Page 24 AGENDA ACTION TAKEN POLICE 16. Staff Report - Continued. ITEMS FROM COUNCIL 17a. Subcommittee Report on South City Ford. 17b. Subcommittee Report on the Jail Site. POLICE Ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilman Addiego stated that the Subcommittee had met with Mr. Gonzales, who was interested in joint venture to improve the property. Deputy City Manager/City Engineer Yee stated that bid for the improvements was good for 45 days, and then a decision must be made on acceptance of the bid. Councilman Addiego suggested a meeting with the Parking Place Commission to learn of their long term goals, as well as discussion of retail operations of the downtown. City Manager Armas stated that there was to be a Council meeting with the Parking Place Commission in the very near future after polling the Council for a meeting date. Councilman Halley stated that there had been three meetings, and opposition had been voiced to Mission Road being a jail site. He stated that at the last meeting bay front property had been discussed, and a possible land swap. Vice Mayor Teglia presented gifts to the Council from Lucca, Italy, and stated that a report would be forthcoming for a possible joint venture. Mayor Drago stated that he had received a petition from residents concerning traf- fic conditions on Mayfair and Myrtle, and a request to close the street to encourage people to use Canal instead. He requested a report from staff on impacts this might have.. Vice Mayor Teglia stated that City 9/21/88 Page 25 ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 18. Closed Session for the purpose of discussion of personnel matters, labor relations, property negot- iations and litigation. .... ADJOURNMENT ITEMS FROM COUNCIL vehicles were using the street as a short cut, which should be stopped. Mayor Drago stated that he had received a letter requesting City endorsement on Propositions 88, 97 and 104. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Teglia/Haffey - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:14 p.m. RESPECTFULLY SUBMITTED, Barbara A. attaya, City Cl~k City of South San Francisco APPROVED. jity of South Sa~ 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. 9/21/88 Page 26