The URL can be used to link to this page

Home My WebLink AboutMinutes 1989-04-12 Mayor Roberta Cerri Teglia Counci 1: Mark N. Addie§o Jack Dra§o Richard A. Haffey .-- Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room April 12, 1989 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 12th day of April, 1989 at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. Barbara A. Battaya, City C~rk City of South San Francisco Dated: April 6, 1989 AGENDA ACTION TAKEN CALL TO ORDER: (Cassette No. 1) 6:45 p.m. Mayor Teglia presiding. ~ROLL CALL: Council present: Council absent: Addiego, Drago, Nicolopulos, Halley, and Teglia. None. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. Council adjourned to a Closed Session at 6:46 p.m. to discuss the items noticed. RECALL TO ORDER: Mayor Teglia recalled the meeting to order at 7:30 p.m., all Council present, no action taken. M/S Nicolopulos Halley - To adjourn the meeting. ADJOURNMENT: RESPECTFULLY SUBMITTED , Barbara A. Battaya, City of South San Francisco Time of adjournment was 7:31 p.m. 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. 4/12/89 Page I Mayor Roberta Cerri Teglia Counci 1: Mark N. Addiego Jack Drago Richard A. Halley Gus Nicolopulos AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION MINUTES City Council Municipal Services Building Community Room April 12, 1989 ACTION TAKEN 7:30 p.m. Mayor Teglia presiding. Council present: Council absent: Addiego, Drago, Haffey, Nicolopulos, Teglia. None. The pledge was recited. The invocation was given by Reverend Larry Bradley, First Baptist Church. Mayor Teglia stated that each year there was a Student Government Day, and that this year it would take place on 4/27/89. She stated that on 5/3/89 the students from E1 Camino, So. San Francisco, Baden, and Mercy High Schools will conduct their own Council meeting, and proceeded to have the Council and Staff members intro- duce their counterparts: Councilmember Gary Barrera, Councilmember Jennifer Gillingham, Mayor Reginald Calaguas, Vice Mayor Marc Santuccio, Councilmember Stacey Flores, City Manager Glen Genove, Ass't. to City Manager William Bennett, Acting Deputy City Mgr./City Engineer Lorena Mora, Police Chief Oliver Mendoza, Fire Chief Shannon Couch, City Clerk Tevaite Talmadge, Director of Recreation & Community Services Kristi Helbig, City Librarian Josephena Fernandez, City Attorney Rick Sueyoshi, Director of Planning Bobby Vaughn, Director of Finance Monica Suarez, Coordinator of Pern'l. Svcs. & Employee Dev. Teri Frank, Coordinator of Labor Relations Bonnie Lam, Code Enforcement Officer Claudia Garcia, Chief Bldg. Inspector Theresa Bortoli, Communications Supr. Cassandra Mar, Police Captain John Tobin, Supt. Water Quality Control Plant James Popoff, Fire Marshall Kelly Hendon, City Treasurer Dena Athanasiou, AFSCME Business Representative Joe Glasner, Account Technician Sal Rodriguez, Electrical Technician Robert Clarke; Library Ass't. 4/12/89 Page i AGENDA ACTION TAKEN PRESENTATIONS Proclamation Commending Police Detective~,~ Patrick Sullivan Proclamation Commending Police Sergeant/o~q James Cooper Proclamation Commending Fi re Fighters James Selvitella and Bryan Niswonger To City Council for support of quality day care from the San Mateo Association for the Education of Young Children ~o Denise Woon, Supt. of Schools John Guiliano, Ass't. Supt. for Secondary Education Ned Vander Pol, Ass't. Supt. for Elementary Education Shirley Kumas, Ass't. Supt. for Certified Pern'l. Craig Gerhi, Ass't. Supt. for Administrative Services John Carlo Ruggieri, and Ass't. Supt. for Business Heather Hansen. PRESENTATIONS Mayor Teglia read the Proclamation aloud and presented it to Detective Sullivan. Mayor Teglia read the Proclamation aloud and presented it to Sergeant Cooper. Mayor Teglia read the Proclamations aloud and presented them to Fire Fighters Selvitella and Niswonger. She stated that a bulletin had been received from the White House on National Volunteer Week, however, there had not been time to prepare a proclamation. She stated that each of the Proclamations presented tonight were examples of ser- vice above and beyond the call of their empl oymen t. She stated that this was also National Library Week, and yesterday had attended a breakfast at the library for tile opening and dedication of the new picture book room for tots. She stated that there were four City employees that beyond their employment had donated a good number of hours to the project, and she commended the following people: Dave Venturi, Barbara Crossland, Dennie Crossland, and Cynthia Baird. San Mateo County Bd. of Supervisors Chairman Griffin presented a commendation to the City for exemplary efforts on behalf of children on behalf of the Board, the Mid-County Action Plan Child Care Task Force, Child Care Coordinating Council, and the San Mateo Association for the Education of Young Children. She spoke of the forty people in the 4/12/89 Page 2 A G E N D A A C T I O N T A K E N ~.~ ---- PRESENTATIONS TO City Council - Continued. AGENDA REVIEW City Manager Armas Requested: - Continue Item No. 17 to the next meeting by request of the Attorney for the Giffras. ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of 3/8/89, and the Adjourned Regular Meeting of 3/15/89. 2. Approval of the Regular Bills of ~ol} 4/12/89. 3. Motion to waive the permit fee for ) the Santo Christo Society parade on ~F°~ Sunday, April 30, 1989. 4. Motion to set 5/10/89 for consid- ~Ogt eration of modification and clari- fication of Special Condition No. 5 of UP-88-820/James Elmore per- taining to a fencing requirement. PRESENTATIONS County who had joined together to deal with this problem, and invited the Mayor to attend the next Task Force meeting on 5/5/89 at eight o'clock. Ms. Cathy White spoke of this being the Week of the Young Child which was being honored nationwide, and thanked the Council for their efforts in this regard. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Mayor Teglia stated that April was Earthquake Preparedness Month, and the Fire Department was making available a quick safety check for the residents. CONSENT CALENDAR Approved. Approved in the amount of $1,836,855.26. So ordered. Meeting date set for 5/10/89. 4/12/89 Page 3 AGENDA ACTION TAKEN . _CONSENT CALENDAR Be Resolution authorizing the pickup of employees retirement contribu- p~0°° tions pursuant to the Agreement between the City ol~ S.S.F. and the International Assn. of Firefighters Local 1507 AFL-CIO Unit "B" dated 11/20/85. A RESOLUTION AUTHORIZING THE PICKUP OF EMPLOYEES RETIREMENT CONTRI- BUTIONS PURSUANT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1507, AFL-CIO UNIT "B" DATED NOVEMBER 20, 1985 Vice Mayor Haffey Arrived: ® Resolution authorizing the place- f ment of part-time regular and Grant funded employees into AFSCME Unit "A" and the Management and Confidential Employee Group. ® A RESOLUTION AUTHORIZING THE PLACEMENT OF PART-TIME REGULAR AND GRANT FUNDED EMPLOYEES INTO AFSCME CITY UNIT "A" AND THE MANAGEMENT AND CONFIDENTIAL EMPLOYEE GROUP Resolution supporting the proposed~oo~ ABAG Bay Trail System. A RESOLUTION IN SUPPORT OF THE BAY TRAIL 8. Resolution revising job specifica- tions for the position of Senior Communications Dispatcher. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN BY REVISING THE JOB SPECIFI- CATIONS FOR THE POSITION OF SENIOR COMMUNICATIONS DISPATCHER -' 9. Resolution to authorize execution of Amendment No. i to Agreement CONSENT CALENDAR RESOLUTION NO. 44-89 Vice Mayor Halley arrived at the meeting at 8:42 p.m. RESOLUTION NO. 45-89 RESOLUTION NO. 46-89 RESOLUTION NO. 47-89 4/12/89 Page 4 AGENDA ACTION TAKEN ---- CONSENT CALENDAR 9. Resolution - Continued. with CH2M Hill/T.Y. Lin International for the Oyster Point Grade Separation/Interchange ~ll~ P roi ect. A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. i TO THE AGREEMENT TO FURNISH CONSULTANT ENGINEERING AND DESIGN SERVICES FOR THE OYSTER POINT GRADE SEPARATION/INTERCHANGE PROJECT 10. Resolution authorizing execution of Amendment No. i to the Agreement furnish engineering services for Sludge Thickening Redundancy with CH2M Hill for the South San Francisco/San Bruno Water Quality Control Plant. 11. A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. i TO THE AGREEMENT TO FURNISH CONSULTANT ENGINEERING SERVICES FOR THE SLUDGE THICKENING REDUNDANCY AT THE WATER QUALITY CONTROL PLANT Resolution approving Budget ~m~° Amendment 0-7 for the Fiscal Year- ~ 1988-89 Operating Budget for the Engineering Division in the amount of $11,871 for the Terrabay Development Inspection Program. A RESOLUTION APPROVING AMENDMENT 0-7 TO THE 1988-89 OPERATING BUDGET CONSENT CALENDAR RESOLUTION NO. 48-89 RESOLUTION NO. 49-89 RESOLUTION NO. 50-89 M/S Addiego/Haffey - To approve the Consent Calendar. Carried by unanimous voice vote. City Librarian Goodrich explained that Mayor Teglia was wearing a purple t-shirt with the following wording in honor of librarians, "When you absolutely, positi- vely have to know, ask a librarian." She 4/12/89 Page 5 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 12. Motion to approve the use of City services and facilities for the 1989 Italian American Games. 13. Resolution approving revised budget recommendations of the Citizens ~0 Review Committee for the Downtown Commercial Rehabilitation Program. A RESOLUTION APPROVING RECOMMEND- ATIONS OF THE CITIZENS REVIEW COMMITTEE FOR THE 1987-89 ~OWNTOWN COMMERCIAL REHABILITATION PROGRAM stated that this was the motto for National Library Week this year. ADMINISTRATIVE BUSINESS Director of Recreation & Community Services Jewell stated that this action was in support of the 4th annual Italian American Games which was now open to anyone who wanted to participate, rather than only those of Italian descent. He described the services and facilities requested, and the staff recommendation of approval with conditions outlined in the staff report. M/S Haffey/Nicolopulos - To approve the use of City services and facilities for the 1989 Italian American Games. Carried by unanimous voice vote. Director of Planning Smith read the staff report which described the locations and fund allocation recommendations by the Citizens Review Committee for a revised 1987-1989 budget program for exterior improvements in the project area. Mayor Teglia stated that of the recommen- dations, the only one that would be held in abeyance was the Kehoe property. Vice Mayor Haffey stated that on the whole he agreed with the recommendations, but had reservations about giving the Committee flexibility to expend $34,000 without the approval of the policy making board. He stated that this was highly unusual, and the Council did not allow that action by any of their Commissions, let alone a Committee. Mayor Teglia stated that she agreed with the Vice Mayor that any expenditure should be put on a Council agenda for approval. Mr. Dennis Rosaia, Chairman of the Citizens Review Committee, stated that to facilitate a project to go ahead, it was sometimes necessary to increase the pro- 4/12/89 Page 6 AGENDA ACTION TAKEN .... ADMINISTRATIVE BUSINESS 13. Resolution - Continued. ADMINISTRATIVE BUSINESS ject cost by 10% when the bid was received. Mayor Teglia stated that it would still be put on the Council agenda for approval. Councilman Addiego stated that his only problem was with the Crocker Bank building being included when it had recently sold for over $1,000,000. He felt that more funds would be used by the owner to refurbish the building, and the City should expend the $100,000 alloca- tion on another project. Councilman Nicolopulos questioned if the new owner had applied for these funds. Mr. Rosaia stated that Senior Planner Christians had spoken with the new owners, and they had indicated that they were willing to make the exterior repairs. Councilman Nicolopulos questioned if there was a time table on the Bocci Building. Mr. Rosaia related the following on the Merriam Building: that it was a very important building in the area; that con- ceptual drawings had been made; that the owner was very excited about remodeling and rehabilitating the building; that the Historic Preservation Commission had designated it as a historic resource - which had been appealed to the City Council by the owner; that the owner had been convinced by staff that the designa- tion was in his best interests; that after the owner decided to make changes to the interior, the cost of the project had gone from $750,000-800,000 to $1,000,500, and the owner was looking for additional bids; that the Commission wanted to give the owner another four months time, and if significant advan- cements were not made at the end of that period the Commission would rebudget or reallocate the funds for that project. 4/12/89 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 13. Resolution - Continued. ADMINISTRATIVE BUSINESS Director of Planning Smith made the following correction for the record: that the address shown in the staff report as 113 Grand Ave. was actually 200-202 Grand Ave, and that staff wanted the funds held in abeyance for the Kehoe property. Councilman Addiego questioned: that when the applications came into the Commission, did the property owners make the reject or did the Commission do it by address; and whether it was assignable to a new owner. Director of Planning Smith stated that it had to be real located to the new owner, and was done by the Commission, but it could be done by address. She stated tha% in the case of the Crocker Bank Building it had been done by address, knowing that there was possibly a new owner, so if the new owner was interested, staff would not come back to real locate the funds. Councilman Addiego stated that his con- cern was that when someone made applica- tion for the funds and then turns around and sells it as part of a whole package. He did not like the idea of assigning those rights, and would vote against it. Mayor Teglia questioned if there was a way to hold the funds in abeyance with the intention of allocating them for that building, but actually not make the allo- cation at this time. Director of Planning Smith stated that the staff recommended that those funds be given either to the present owner or to the new owner. She stated that the intention in this case was to have the MOU signed with the new owner by 6/30/89, in order to get something underway, etc. Vice Mayor Haffey stated that no one was going to be allowed to have the funds 4/12/89 Page 8 AGENDA ACT I ON TAKEN .... ADMINISTRATIVE BUSINESS 13. Resolution - Continued. ADMINISTRATIVE BUSINESS until they signed the MOU, which will require their abiding by the conditions of the City. Councilman Nicolopulos stated that the City negotiated with an original owner with the intent of improving the down- town, and if the owner was intending to sell - then it could be used as a lever. Vice Mayor Halley stated that there will not be a release of funds until whoever the owner is agrees to the City con- ditions, so it was unimportant who the owner is or what advantage the previous owner had by saying this is part of the sales package. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 51-89 Councilman Drago questioned whether the Commission had placed time limits on the use of the appropriated funds. Mr. Rosaia stated that this was spelled out in the MOU, and was for a specific phase of the job. He stated that funds were not released until after inspection and approval by the City's Building Inspectors. Councilman Addiego expressed concern that these funds were only for painting and such, and not for major structural changes. He stated that he wanted to know who the money was going to and what was going to be done with the building. Mayor Teglia stated that the Crocker Building was a very imposing building in the downtown, and the $100,000 could give the owner added encouragement. Carried by majority roll call vote, Councilman Addiego voted no. 4/12/89 Page 9 AGENDA ACTION TAKEN ---ADMINISTRATIVE BUSINESS 14. Report from staff regarding Myrtle Avenue traffic problems, a ~0 suggested Resolution to adopt for stop sign(s). A RESOLUTION AMENDING RESOLUTION NO. 3812, AS AMENDED, WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE A RESOLUTION AMENDING RESOLUTION NO. 3812, AS AMENDED, WHICH ESTABLISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH CHAPTER 11.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE (Cassette No. 2) ADMINISTRATIVE BUSINESS Deputy City Manager/City Engineer Wong recited the background of the neigh- borhood traffic petition, and stated that the staff report addressed the residents concern s. Police Chief Datzman spoke of truck traf- fic enforcement and sign postings; spe- cial traffic patrols that had resulted in 48 citations; and that there would be continuing enforcement efforts in the ne i ghbo rhood. Deputy City Manager/City Engineer Wong stated that a study had been made on the use of ditches and speed bumps, which had been found to not be effective. He stated that improvements on No. Canal would make a different route more attrac- tive, and the installation of necessary stop signs would alleviate the problems. Councilman Drago questioned: why the recommendation was for stop signs on Mayfair, when the issue came about because of traffic problems on Myrtle; why the report from the League of CA Cities did not mention utilization of ditches and speed bumps; the location of the new signs. Councilman Nicolopulos questioned: the location of the recommended signs; and whether the residents had input on the new signs. Mr. Peter Herrero, 601 Myrtle Ave., stated that this had been a charade for seven months, and people had become involved from other streets -- and he was not happy with staff. M/S Haffey/Nicolopulos - To adopt the Resolution for a stop sign at Mayfair Ave. and accelerate the plans for No. Canal. RESOLUTION NO. 52-89 Carried by unanimous roll call vote. 4/12/89 Page 10 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 14. Report - Continued. LEGISLATIVE BUSINESS 15. Motion to approve Negative Dec. No. 656; Motion to waive reading and introduce the ordinance on amusement arcades within hotels in the Gateway Specific Plan District and certain designated Districts. AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ALLOW AMUSEMENT ARCADES WITHIN HOTELS PUBLIC HEARINGS 16. Public Hearing - Community Development Block Grant Program Funds. Conduct the Public Hearing; pro- vide staff with general guidance on activities of the 1989 program year. ADMINISTRATIVE BUSINESS M/S Haffey/Nicolopulos - To adopt the Resolution for stop signs at Manzanita Ave. and Mayfair Avenue, and Manzanita Ave. and Myrtle Ave., and to accelerate the improvements on No. Canal. RESOLUTION NO. 53-89 Carried by unanimous roll call vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Director of Planning stated that the zoning amendment had been requested from Embassy Suites, and the Planning Commission felt that the use should be allowed in other areas as well. Mayor Teglia opened the Public Hearing and invited those wishing to speak for or against the amendment to step to the dais - no one chose to speak, and she closed the Public Hearing. M/S Haffey/Nicolopulos - To approve Negative Declaration No. 656. Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To waive reading and introduce the ordinance. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Teglia opened the Public Hearing and called for the staff report. Director of Recreation & Community Services Jewell stated that this was the first of two hearings, and requested that Council accept testimony as an input only formula. Mr. Dan Roos, Consultant, stated that 4/12/89 Page 11 AGENDA ACTION TAKEN PUBLIC HEARINGS 16. Public Hearing - Continued. 17. Public Hearing - Appeal of the Historic Preservation Commission ~/oo~ decision of 2/8/89 to designate 240-246 Grand Avenue a Historic Resource. Conduct the Public Hearing; Motion to deny the appeal and uphold the Historic Preservation Commission designation. PUBLIC HEARINGS pursuant to Federal requirements this was the first of two public hearings for the following purposes: to obtain citizen views on City's housing and community development needs, and provide information to citizens on the amount of available CDBG funds; type of activities eligible for funding, and activities which are under consideration for funding; and to review past performances, etc. He explained in detail the funds available and the requests made; and the funding limitation under Federal guidelines. Mayor Teglia invited those wishing to speak to step to the dais. The following organizations made presen- tations for CDBG funds: Chris Sutherland, Shelter Network of S.M. County; Eldon Luce, Center for Independence of the Disabled; Robin Jaquith, Friends to Parents; Lois Almen, Human Investment Project - Shared Homes; Roberta Lee, S.M. County Battered Women's Shelter; Susan Balliet, Redwood City Legal Aid Society; Shirley Moore, Project Reach; Susan Platte, Neighborhood Services; George Bugnatto, Historic Oldtown Homeowners Assn.; Eileen Springs, Friends for Youth. Mayor Teglia continued the Public Hearing. Continued to the next meeting under Agenda Review by the City Manager. 4/12/89 Page 12 AGENDA ACTION TAKEN PUBLIC HEARINGS 18. Public Hearing - On appeal of the Planning Commission decision of ~a~q 6/9/88 to deny the elimination of Special Condition No. 3 of UP-84-705/MOD 2 at 338 North Canal (Rich Diodati), which would allow an open storage yard at an existing office/warehouse building at 338 North Canal Street in the P-I Zone District. Conduct the Public Hearing; Motion to deny the appeal and uphold the decision of the Planning Commission. (Cassette No. 3) PUBLIC HEARINGS Director of Planning Smith read the staff report which recited the history of the appeal (a copy is on permanent file in the City Clerk's Office). Mayor Teglia opened the Public Hearing, and invited those wishing to speak for and against the appeal to step to the dais. Mr. Rich Diodati stated that the property was originally proposed as a concrete plant in 1985, which had been turned down by the Commission and he had instead built two condos. He stated that the connection Mrs. Smith spoke of was not what he agreed to back in 1985, and he had no plans at that time to buy 20 So. Linden. He stated that he had only bought the property at 20 So. Linden last year with another party, and had not con- templated its purchase in 1985. He stated that he had a lot of heavy equip- ment that he needed to store, in that he had no projects in sight, and had not heard of any neighbors complaining about what he was trying to do on his property. He described the cyclone fence with slats that he had used. He stated that he had leased the property for four years from Southern Pacific. He explained that he had proposed having a turn around, and described the ramifications of doing the connection suggested by Mrs. Smith. Mayor Teglia closed the Public Hearing. Discussion followed: Mayor Teglia felt that the most important thing was cir- culation, and there appeared to be a safety problem when trucks try to back out onto 20 So. Linden; Councilman Addiego felt that the connection would cause more problems; Police Sgt. Petrocchi felt that it would not cause more problems; that the Planning Director felt that Mr. Diodati was obligated to make the connection; that the property in question was considered by staff to be a 4/12/89 Page 13 AGENDA ACTION TAKEN ~---PUBLIC HEARINGS 18. Public Hearing - Continued. Public Hearing - E1 Camino Plaza Assessment District Conduct the Public Hearing; Resolution overruling protests; Resolution ordering reduction of assessments; Resolution adopting Engineers' Report confiming assessments, and directing actions; Resolution approving bond manage- ment service. A RESOLUTION OVERRULING PROTESTS FOR THE EL CAMINO PLAZA ASSESSMENT DISTRICT A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS FOR THE EL CAMINO PLAZA ASSESSMENT DISTRICT A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO TO THE EL CAMINO PLAZA ASSESSMENT DISTRICT PUBLIC HEARINGS S.P. right-of-way in 1985; the need for a solid wall to screen an area; what was stored in the yard; circulation elements described by Police Sgto Petrocchi; why the Planning Commission approved the Project based on the stipulation that Mr. Diodati would buy the property from S.P. to make the connection in the future; if Mr. Diodati put in the connection after acquiring the property - his building would not have 10% landscaping as required by Ordinance; that Mr. Diodati had only agreed to buy the S.P. property in 1985; Councilman Addiego felt that staff should research the property lines and Mr. Diodati's obligations and legal rights on the imposed condition; that Council should make a field inspection of the property. Consensus of Council - To hold the matter over to the next meeting. Mayor Teglia opened the Public Hearing and proceeded to read prepared statements from Steve Casaleggio, Esq. on the proce- dure of the Public Hearing. Deputy City Manager/City Engineer Wong stated that formation of the District was based on a petition from six of the eight property owners, and proceeded to des- cribe: the improvements to be made; and that the bid had come in lower than anticipated by $300,000. He stated that there were two protest letters received from the Cavalier Motel and McLellan Nursery. Ken Jones, Esq., Jones Hall Hill & White, stated that the proceedings tonight were based on published, posted and mailed notices to all of the property owners involved in this district. He explained the following: that two property owners had filed protests, and tonight was the last opportunity for protests if the Council was determined to go forward after the hearing; that the reduced 4/12/89 Page 14 AGENDA ACTION TAKEN ~PUBLIC HEARINGS 19. Public Hearing - Continued. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING BOND MANAGEMENT SERVICES WITH KELLING, NORTHCROSS & NOBRIGA FOR THE EL CAMINO PLAZA ASSESSMENT DISTRICT PUBLIC HEARINGS assessments will become a lien against the various properties by recording with the County Recorder; there was oppor- tunity for all of the owners to pay all or any portion of their assessment in cash, to the extent they are not paid in cash they will be represented by assessment bonds which will be payable over twenty years, and sold at the best rate that can be obtained on the current market; after bonds are sold and deli- vered, the assessments can still be paid off, but it is necessary for the property owners to pay a premium to the bond holders of 3%. Mayor Teglia stated that the Council was acting in a quasi judicial capacity, so that the property owners should be heard before members of the Council arrive at their decision after the Public Hearing was closed. Councilman Addiego questioned if the con- tingencies just factored on drainage and water, and not sewers for the Cavalier Motel. Deputy City Manager/City Engineer Wong stated it was based on construction only, because Cavalier was hooked into the sewer line because of the Kaiser construction. Mr. Russell Pape explained the construc- tion and sewer cost of the new District, and provided new construction costs based on the bid. Councilman Nicolopulos questioned if the owners were apprised of the new construc- tion costs and lowered assessments. Mr. Arata, Engineer, stated that Cavalier Motel and McLellan had opposed the District, and there was no assessment for sewers for the Cavalier Motel. Mayor Teglia read the protest letters 4/12/89 Page 15 AGENDA ACTION TAKEN PUBLIC HEARINGS 19. Public Hearing - Continued. PUBLIC HEARINGS into the record from Lorraine R. McLellan, 3/7/89, and D. R. Patel of the Cavalier Motel, dated 3/3/89 (copies are attached and a permanent part of the record of this meeting). She asked if anyone wished to speak in protest of the assessment - no one spoke, and she invited those wishing to speak for the District to step to the dais. Mr. Russell Pape, 748 Morningside Dr., Millbrae, spoke in favor of the project, and stated that he believed it would increase the value of all of the property owners through the improvements. Mr. Arata, Engineer, stated that he had made a study of all of the sewer lines in the area to find the one that had the capacity for the District, and explained the benefits to those protesting the formation of the District. Councilman Nicolopulos questioned if the owners were notified of the reduced assessment. Ken Jones, Esq. explained the process of legal notices of the estimated assessment, and the fact that there was no legal requirement to notify the owners of the reduced assessment. He stated that because the protesting owners did not appear tonight it would not aid them in the event they chose to fight it. He explained the process leading up to overruling protests, and the petition from 80% of the property owners, etc. Councilman Addiego questioned if the District belonged to the Colma Creek Flood Control District. Mr. Arata stated that it does, however, the County had no plans to develop this part of the creek. 4/12/89 Page 16 Rod McLellan Co. v]AR 1 ': 1989 OFF:.'- · ~4so EL CAM~NO REAL · SOUT. Hatch 7~ 1989 · city Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Re: - Protest to Formation of E1 Camino Plaza Assessment District City Clerk: I am the record owner of the 2.87 acre parcel of land in the City of South San Francisco known as San Mateo County Assessor's Parcel Number 010-292-110 (the "McLellan Property"). As stated in your letter to me dated February 10, 1989, the McLellan Property is "Assessment No. 2" in the E1 Camino Plaza Assessment District. Your letter states that the McLellan'Property will be subject to an assessment of $193,348 if the City Council of the City of South San Francisco grants final approval for the formation of the assessment district at its meeting on April 12, 1989. As owner of the McLellan Property, I hereby protest the formation of the assessment district on the following grounds: 1. The proposed assessment of $193,348 against the McLellan Property to construct a "water line, storm drainage improvements, and a sanitary sewer main" is excessive; 2. The cost of these improvements is unreasonable and disproportionate to the value of the property; 3. The total cost of the improvements is not allocated equitably among the properties within the proposed assessment district; 4. With respect to the McLellan Property, these proposed improvements are neither necessary nor convenient and will constitute an unreasonable burden on the property; and 4/12/89 Page 16a PREMIUM FLORAL PRODUCTS · WI. IOLESALE · RETAIL · DELIVERED WORLDWIDE SUPERSOII.e · CgqCHIOS · TRU.~I. UEe · BABY.BLUE8 SPIRAl. EUCALYPTUS · GREEN · FLOWERINg3 PI.ANTS · ROSES · GARDENIAS City Clerk City of South San Francisco March 7, 1989 Page 2 5. The public interest, convenience, and necessity do not require the formation of the proposed assessment district. I respectfully request that the City of South San Francisco not approve the formation of the E1 Camino Plaza Assessment District at the meeting on April 12, 1989. ve .,. ruly yours, Lorraine R. McLellan, Lorraine R. 5ellan, Trustee 4/12/89 Page 16b D.R. Pate1 2 West Clay Park San Fran¢isco~ CA 94121 City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Cavalier Motel APN 010-292-130 Dear Sir, We received your letter on proposed new assessment of E1 Camino Plaza Assessment District. We, the owner of the Cavalier Motel strongly protest any additional assessment charges on this parcel of the land. This so-called new assessment are designed to help special interest group and not for the small business such as ours. This property is already under high taxation and the city has done disservice by permitting new motels in the vicinity. New rooms built around this location are so high that it has seriously affected our business, and new water system or sewer facility is not going to help us in any way. We, therefore urge you to exclude this parcel from your special assessment. Yours sincerely, D · R. -Patel 4/12/89 Page 16c AGENDA ACTION TAKEN PUBLIC HEARINGS 19. Public Hearing - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE PUBLIC HEARINGS Mayor Teglia closed the Public Hearing. Councilman Addie§o felt that this would be a tremendous benefit to the property owners, and was sorry the McLellans were not a part of the process. Councilman Drago stated that this action was long overdue, in that it had always been a potential fire problem. M/S Haffey/Drago - To adopt the Resolution overruling protests. RESOLUTION NO. 54-89 Carried by unanimous voice vote. M/S Haffey/Nicolopulos - to adopt the Resolution ordering reduction of assessments. RESOLUTION NO. 55-89 Carried by unanimous voice vote. M/S Haffey/Drago - To adopt the Resolution adopting Engineer's Report. RESOLUTION NO. 56-89 Carried by unanimous voice vote. M/S Haffey/Nicolopulos - To adopt the Resolution authorizing an agreement for bond management services. RESOLUTION NO. 57-89 Carried by unanimous voice vote. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. 4/12/89 Page 17 AGENDA ACTION TAKEN CLOSED SESSION 20. Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and ligitation. 21. Request to adjourn the meeting to Wednesday, 4/19/89, at 7:00 p.m., in the City Council Conference Room, City Hall, for the purpose of a study session on the following: unreinforced masonry building survey; proposed City Council Handbook; revising Noise, Safety and Housing Elements to the General Plan. ADJOURNMENT: CLOSED SESSION Council chose not to hold a Closed Session. Vice Mayor Halley and Councilman Addiego stated that they were unable to attend the adjourned meeting on 4/19/89. M/S Haffey/Addiego - To adjourn the meeting to 4/19/89, at 7:00 p.m., in City Council Conference Room, City Hall for the stated purposes. Carried by unanimous voice vote. Time of adjournment was 11:48 p.m. RESPECTFULLY SUBMITTED, 'Barbara A. Battaya, City Cl~/rk City of South San Francisco AP PROVUE D. 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. 4/12/89 Page 18