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HomeMy WebLinkAboutMinutes 1989-05-10Mayor Roberta Cerri Teglia Counci l: Mark N. Addiego Jack Drago Richard A. Haffey Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room 04G8 May 10, 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 lOth day of May, 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 Cl~j~k City of South San Francisco Dated: May 4, 1989 AGENDA ACTION TAKEN CALL TO ORDER: (Cassette No. 1) 6:38 p.m. Mayor Teglia presiding. ROLL CALL: Council present: Council absent: Addiego, Drago, Nicolopulos, Haffey, 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 6:39 p.m. to discuss the items noticed. RECALL TO ORDER: Mayor Teglia recalled the meeting to order at 7:13 p.m., all Council present, no action taken. M/S Haffey/Nicolopulos - To adjourn the meeting. ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cl~j( City of South San Francisco Time of adjournment was 7:14 p.m. C~u~_r_J~Tegl~ ~ 'o~ City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. ~/10/~9 rage t Mayor Roberta Cerri Teglia Council: Mark N. Addiego Jack Drago Richard A. Haffey Gus Nicolopulos AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Proclamation - National Police Week May 14 - 20, 1989 AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room May 10, 1989 ACTION TAKEN 7:30 p.m. Mayor Teglia presiding. Council present: Council absent: Addie§o, Drago, Haffey, Nicolopulos, and Teglia. None. The colors were presented by the Police Explorers, and the pledge was recited. Police Chaplain Coppel gave the invoca- tion. PRESENTATIONS Mayor Teglia read the Proclamation aloud and presented it to Police Sgt. Guglielmoni. Sgt. Guglielmoni invited the public to attend a Police Department open house on 5/17/89 from 6:30 p.m. to 9:00 p.m. He stated that there would be a tour of the facilities, various displays, and free fingerprinting for children. Councilman Nicolopulos requested a moment of silence for Mr. Bill Moyal, who had been slain by a drunk driver on the freeway. AGENDA REVIEW City Manager Armas stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Mr. James Elmore questioned if his item was on the agenda tonight, and whether he could address the issue. Mayor Teglia stated that it was, and he could speak on the item. 5/10/89 Page i ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Approval of the Regular Bills of 5/10/89. ORAL COMMUNICATIONS Ms. Judith Clegg, 3961 Chatham Court, spoke of on-going parking and noise problems on her street: that the police had responded twice in the last week; that Sgt. Coughlin had told her to come before the Council for a solution; that her driveway was consistently blocked by parked vehicles; that the driveway had been blocked four times last week, and the police could not tow vehicles blocking her driveway unless the driveway was blocked 50%; that the curbs were too small to park normal cars; that there were many renters on the street with 3 and 4 cars; that the police had responded 17 times in the month of November. Mayor Teglia requested Ms. Clegg give her phone number to the City Manager and Police Chief to investigate a solution. She stated that perhaps the Engineering Department could devise a solution. Ms. Clegg stated that her noise problem was due to next door neighbors with a heavy metal band that played loudly. Police Chief Datzman stated that he would have Officer Dickson compile statistics on the parking problems, and look into effecting a noise ordinance. COMMUNITY FORUM Councilman Nicolopulos reminded the public of the 5/20/89 celebration of the 75th anniversary of South San Francisco High School. Mayor Teglia stated that a proclamation or resolution was being prepared for the occasion. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Addiego. 5/10/89 Page 2 r .... CONSENT CALENDAR Resolution authorizing the City Manager to apply for State-Local Transportation Program which is authorized by SB140. A RESOLUTION SEEKING FUNDS UNDER THE STATE-LOCAL TRANSPORTATION DEMONSTRATION PROGRAM Resolution receiving the adopted Owner Participation and Preference Rules, proposed Redevelopment Plan and Agency's Report to Council for the Downtown/Central Redevelopment Project. A RESOLUTION RECEIVING ADOPTED OWNER PARTICIPATION AND PREFERENCE RULES, PROPOSED REDEVELOPMENT PLAN AND AGENCY'S REPORT TO CITY COUNCIL FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT Resolution approving an Anti- displacement and Relocation Assistance Plan, in connection with the Community Development Block Grant Program. .,.oob A RESOLUTION APPROVING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN 1. Approval of the Regular Bills of ~o~ 5/10/89. CONSENT CALENDAR RESOLUTION NO. 62-89 RESOLUTION NO. 63-89 RESOLUTION NO. 64-89 M/S Haffey/Addiego - To approve the Consent Calendar with the exception of Item No. 1. Carried by unanimous voice vote. Councilman Addiego stated that he had told the Finance Director that when the Council received the bills late they would receive more scrutiny. He questioned the following: warrant of $172 for a local car wash; warrant of $1,200 for rent-a-car due to an acci- dent. He requested that the new Corporation Yard have a mechanism installed to wash cars, and suggested that the pool cars be used instead of 5/10/89 Page 3 AGENDA ACTION TAKEN 1. Approval of the Regular Bills of 5/10/89 - Continued. ADMINISTRATIVE BUSINESS 5. Motion to approve criteria for zo~° installation of stop signs. paying rent-a-car. M/S Addiego/Nicolopulos - To approve the Regular Bills of 5/10/89 in the amount of $1,030,896.77. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Acting Deputy City Manager/City Engineer Wong stated that in the past staff had been reviewing stop sign requests against Caltrans warrants that had been received from the general public. He stated that adoption of the proposed guidelines would give staff the basis for objec- tively evaluating each request. He described the proposed guidelines: 1) for the intersection of an arterial or collector street with another street, Caltrans warrants will apply; 2) for the intersection of two streets of any other classification Caltrans warrants will also apply, except that in residential areas stop signs may be considered if residents representing a majority of the homes within a 300' radius sign a peti- tion to that effect. Councilman Nicolopulos questioned how often the Caltrans warrants list was updated, and whether the list was current. Acting Deputy City Manager/City Engineer Wong stated that he did not have that information. Councilman Addiego applauded Mr. Wong on trying to bring the neighborhood com- ponent into this process. He questioned what would happen if signs were comple- tely without merit from an engineering viewpoint, and citizens collected a majority of signatures. Acting Deputy City Manager/City Engineer Wong stated that engineering would review the warrants and the petition, and then 5/10/89 Page 4 --ADMINISTRATIVE BUSINESS Motion to approve criteria for installation of stop signs - Continued. Modification for cause and clarifi- cation to Special Condition of No. 5(c) of UP-88-820 pertaining to a fencing requirement: James Elmore: Motion to adopt findings, and modify Special Condition No. 5(c) of UP-88-820 for the fencing requirement at 1051 Airport Blvd. ADMINISTRATIVE BUSINESS make a recommendation to Council based on judgment. M/S Haffey/Nicolopulos - To approve the criteria for the installation of stop signs. Carried by unanimous voice vote. Planning Director Smith related: that a year ago the Planning Commission had approved this use permit with special conditions; that one of those conditions required the Applicant to submit a site plan depicting the fence to start within 30 days of approval of said use permit; that it was presumed that all require- ments of the Zoning Ordinance would be met, including the restriction that a fence within the side yard setback cannot exceed three feet in height; that the Applicant did not submit the required site plan, and constructed a six foot fence within the required ten foot side yard - thus obstructing visibility from driveway adjacent and to the west of the subject site, etc. She stated that the proposed modification to the special condition simply clarifies the fencing requirement to indicate directly that the fence meet the speci- fic section of the ordinance. She proceeded to describe the staff recommendations: adopt the two findings, 1} that one of the conditions upon which such permit was granted, had been viola- ted; 2) the use or facility for which the permit was granted was being main- tained as to be detrimental to the public safety in that the 6' fence adja- cent to the driveway at the sidewalk impairs visibility; this special con- dition should be modified for cause; the Applicant should be directed to bring the fence into compliance with this section by 6/7/89. 5/10/89 Page 5 ~-- ADMINISTRATIVE BUSINESS 6. Modification - Continued. ADMINISTRATIVE BUSINESS She proceeded to show slides of the sub- ject fence. Mr. James Elmore, 1051 Airport Blvd., stated that in the past two years he had had legal counsel to represent him in the due process, and had agreed to every con- dition this City had forced upon him. He stated that he had signed a document which should have been the end of it, but staff would not leave it alone. He refutted staff's contention that he had not done what he had agreed to do and had done. He stated that the previous staff report would prove that he had complied with the conditions - no, again they were postponing the matter. Director of Planning Smith stated that staff was not postponing anything, but was asking Council to take action and give Mr. Elmore until 6/7/89 to comply. Mr. Elmore stated that staff had told him what to do, both he and staff had agreed, and now he was not going to do what was now being asked. Mayor Teglia questioned why Mr. Elmore had not come to staff with a plan to show the fence. Mr. Elmore stated that a plot plan was submitted, which had been signed and documented. He stated that Mr. Dell'Angela had represented him throughout the whole case - walked him through it, and because he knew this situation would exist somewhere along the way had hired someone who legally knew the laws and had spoken for him throughout the process. Director of Planning Smith stated that there was a site plan in the packet from Mr. Elmore with an original date of 11/11/88, however, the fence was up befor~ that, and that was well after 30 days after May 12th. 5/10/89 Page 6 ACENBA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Modification - Continued. ADMINISTRATIVE BUSINESS Councilman Nicolopulos questioned if the issue before the Council was that of the height of the fence. Councilman Drago stated that the issue tonight, which bothered him, was that there was a special condition made and what was being asked for was to modify it with additional wording - which apparently was not in the original. He stated that it bothered him that there was a request to modify something tonight, and it was the first time he could recall the matter coming before the Council to make a modification to use permit findings after somebody had been cited. Director of Planning Smith stated that it was assumed that this would probably go to Court because of the refusal of the Applicant to comply with the Zoning Ordinance on this matter, and in order to clarify it to the Court. She stated that this was a clarification, but was called a modification because the wording was being changed. Discussion followed: whether the language had been clear to the Applicant; what prompted this action; that Mr. Elmore gave the impression that he would not comply; Councilman Addiego agreed with Councilman Drago, but was concerned with the safety and liability factor; that Mr. Elmore had never used his Contractor's license in this City; in working as a contractor Mr. Elmore had to comply with a City's ordinances; that Mr. Elmore believed that he had complied with the conditions in the staff report, and now the City was reneging on that contract; Mr. Elmore had felt harassment from staff and the Planning Commission on this issue; that the Council had spent many hours with Mr. Elmore on various allega- tions; why Mr. Elmore would not cut down the fence; the Council's credibility in the eyes of Mr. Elmore; that the Council 5/10/89 Page 7 ADMINISTRATIVE BUSINESS 6. Modification - Continued. LEGISLATIVE BUSINESS ® Motion to adopt the ordinance on selection and training of p~ Dispatchers. AN ORDINANCE AMENDING SECTIONS 2.68.050 AND 2.68.060 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO THE SELECTION AND TRAINING OF PUBLIC SAFETY DISPATCHERS RECESS: Councilman Addiego left the meeting. RECALL TO ORDER: (Cassette No. 2) PUBLIC HEARINGS 8. Public Hearing - Community 0o° ADMINISTRATIVE BUSINESS had the ability to override their ordi- nances, according to Mr. Elmore, because staff had told him to build a 6' fence; that the staff report to the Planning Commission required a 6' fence, etc. M/S Haffey/Addiego - To adopt findings, and modify Special Condition No. 5(c) of UP-88-820 for the fencing requirement at 1051 Airport Blvd. Carried by majority roll call vote, Councilmembers Drago and Nicolopulos voted no. Mayor Teglia directed the City Attorney and Planning Staff to look over boilerplate conditions to make sure that existing codes and ordinances were clear and applicable to a case. LEGISLATIVE BUSINESS M/S Haffey/Addiego - To adopt the Ordinance. ORDINANCE NO. 1052-89 Carried by unanimous voice vote. Mayor Teglia declared a recess at 8:20 p.m. Councilman Addiego excused himself from further attendance at the meeting at 8:20 p.m. Mayor Teglia recalled the meeting to order at 8:25 p.m., all Councilmembers present except Councilman Addiego. PUBLIC HEARINGS Mr. Dan Roos, Consultant, summarized: the statement of objectives; the programs 5/10/89 Page 8 ^CT O, T^ E, 0 77 .._ PUBLIC HEARINGS 8. Public Hearing - Continued. Development Block Grant Program Funds. ~o06 Conduct the Public Hearing; Resolution approving the Statement of Objectives. A RESOLUTION APPROVING AND AUTHOR- IZING THE SUBMITTAL OF THE STATE- MENT OF OBJECTIVES AND PROJECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1989-90 PUBLIC HEARINGS eligible for Redevelopment funds; that unexpended funds from the prior year were either reallocated or carried forward, etc. The following organizations spoke on behalf of their organization for CDBG funding: Ms. Betty St. John - Project Reach; Ms. Shirley Moore - Project Reach Director; Ms. Chris Sutherland - Redder Shelter Network; Mr. George Bugnatto - Old Town Homeowners Assn. Mayor Teglia opened the Public Hearing and requested that all earlier testimony be incorporated into the record, and then closed the Public Hearing. Councilman Drago stated concern over the following funding recommendations: that the $50,000 for administration was now $89,000 and included a clerk typist; felt there was not enough work for a full time clerk typist, and a Kelly Girl should be used; that Project Reach, Oldtown Homeowners, and the senior home repair had reductions in funds. He stated that he wanted to reduce the management funds by $9,100 and restore the above funding. Councilman Halley stated that the City reorganization required a CDBG Coordinator with clerical help, and if the funds were taken away here - it will come out of the General Fund. City Manager Armas stated that the Federal Government established CDBG funding limits. He stated that one-half of the position would be paid by Block Grant funds and the other one-half from redevelopment funds. Councilman Drago questioned where the additional $39,000 came from. City Manager Armas stated that the street improvement program was no longer included. He stated that Federal regula- 5/10/89 Page 9 PUBLIC HEARINGS 8. Public Hearing - Continued. Public Hearing - On appeal of the~o~ Planning Commission decision of 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 - continued from the 4/12/89 meeting. Continue the Public Hearing, at the Applicant's request, to 5/24/89. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 10. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. 11. Motion to adjourn the meeting to Wednesday, 5/17/89, at 7:00 p.m., in the City Council Conference Room, City Hall, for the purpose of a study session on the following: Capital Projects for the Wastewater Treatment Plant, Proposed sewer rates; Effluent Characterization Study. PUBLIC HEARINGS tions precluded a City increasing CDBG funds to public service agencies. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 65-89 Carried by unanimous voice vote. Consensus of Council - To continue the Public Hearing to 5/24/89. ITEMS FROM COUNCIL No once chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Nicolopulos - To adjourn the meeting to Wednesday, 5/17/89, at 6:30 p.m., in the City Council Conference Room, City Hall, for the purpose of a study session on the following: Capital Projects for the Wastewater Treatment Plant, Proposed sewer rates; Effluent Characterization Study. Carried by unanimous voice vote. 5/10/89 Page 10 .-- ADJOURNMENT: Time of adjournment was 9:00 p.m. RESPECTFULLY SUBMITTED, ~arDara A. Battaya, City I~¥erk City of South San Francisco ~Roberta Cerri Teglia~ayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 5/10/89 Page 11