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