Loading...
HomeMy WebLinkAboutMinutes 1989-07-12 Mayor Roberta Cerri Teglia Counc i 1: Mark N. Addiego Jack Drago Richard A. Haffey ---- Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room July 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 July, 1989 at 6:45 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. City of South San Francisco Dated: July 7, 1989 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: ® Closed Session for the purpose of~Xml~ the discussion of personnel matters, labor relations, property negotiations and litigation. Mayor Teglia Arrived: Councilman Addiego Arrived: RECALL TO ORDER: ADJOURNMENT ACTION TAKEN 6:56 p.m. Mayor Pro Tem Halley pre- siding. Council present: Council absent: Drago, Nicolopul os, and Haffey. Addiego, and Teglia. Council adjourned to a Closed Session at 7:32 p.m. to discuss the items noticed. Mayor Teglia arrived at the meeting at 7:05 p.m. Councilman Addiego arrived at the meeting at 7:25 p.m. Mayor Teglia recalled the meeting to order at 7:32 p.m., all Council present, no action was taken. M/S Haffey/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:33 p.m. 7/12/89 Page I AGENDA ACTION TAKEN 0035 RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco '~-erta Ce~ri Tegl ~yor /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. 7/12/89 Page 2 Mayor Roberta Cerri Teglia Counci 1: Mark N. Addiego Jack Drago Richard A. Haffey Gus Nicolopul os AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room July 12, 1989 O03G ACTION TAKEN 7:37 p.m. Mayor Teglia presiding. Council present: Council absent: Addiego, Drago, Haffey, Nicolopulos, and Teglia. None. The Pledge was recited. Rev. Robin Dumer, Grace Covenant Church, gave the invocation. AGENDA REVIEW City Manager Armas stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Mr. Donald Bloat, 230 Mansfield Dr., spoke on behalf of the Conquistadors, Inc. and requested that the Council review the existing Bingo Ordinance. He stated that the Ordinance was not restrictive enough to serve the needs of the community, and was vague enough to allow the possibility of a bingo palace existing that would hurt the non- profitable organizations that benefit the community. He spoke in detail of a City of San Mateo Ordinance that dealt with a bingo palace that operated seven nights a week with proceeds that did not benefit charities in the community. He stated that the ordinance had closed down the bingo palace and had strengthened the bingo regulations. He stated that the Conquistadors had operated for twelve years in this City, and that the proceeds had gone to various local charities. He voiced concern that a bingo palace could provide unfair com- 7/12/89 Page i ORAL COMMUNICATIONS ~o~° ORAL COMMUNICATIONS petition by non-local operators con- ducting bingo games. Mayor Teglia stated that discussions had been held with Mr. Bloat, the Police, and Staff to try to effect a solution, however, State Law preempted the City from having a stricter ordinance. She suggested contacting State Legislators to modify State regulations to deal with the problem. City Attorney Armento stated that she would be happy to review the San MateD Ordinance and confer with their City Attorney. She stated that the City's present ordinance paralleled State Law on who could be allowed to operate a game - and nothing that addressed the use of the revenues in the community where the games were held. Mr. Bloat stated that the games were being held by a Daly City Church. Mr. Frank Isla, 284 Morton Dr., Daly City, stated that he represented the Westborough Junior High Marching Band, who had been able to buy equipment and uniforms through contributions from the Conqui stado rs. Ms. Donna Everson, 2431 Fleetwood Dr., stated that the AYSO also received dona- tions from the Conquistadors for the Organization's cultural exchange program. Mr. Donald Lemoge, 69 Wessia Court, Daly City, further urged the Council to modify the ordinance for the benefit of the Conquistadors and other charitable organizations. Ms. Susan Platte, 865 Lomita Ave., Millbrae, spoke of donations from the Conquistadors that had helped Neighborhood Services. Mr. Steve Sowa, 664 Spruce Ave., stated 7/12/89 Page 2 ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Approval of the Minutes of the Adjourned Regular Meeting of 6/14/89. ORAL COMMUNICATIONS that he had been designated spokesperson for the 600-700 block of Spruce Ave., and had heard objections to the last plan that the residents had tentatively agreed to in reference to the closure of Spruce at School St. by residents on Beech and Hemlock. He stated that the residents were sympathetic and understanding to the increase in the traffic to the side streets of Spruce, but were trying to stress that safety was more important than convenience. He stated that there had been accidents for years, including eight in the past two years - even though there was a 15 mph speed limit zone. He stated that the residents suggestion was to block off Spruce at Beech St., which would not impact those streets, and at Parkway and Spruce there would be a sign saying "Not a Through Street." Discussion followed: when staff was going to close the street off at Olive, as directed by the Council; staff was in the process of contacting S.F. Water and the School District on the closure, and should know something in a month; staff should investigate the residents suggestion on the blockade; whether the blockade would concern residents on Maple and Olive; Councilman Drago was concerned with the fire safety issue in creating a cul-de-sac without a turning radius, wherein the Fire Dept. had to respond to a call on Beech; erecting a barricade with a gate for police and fire respon- se s, etc. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. 7/12/89 Page 3 ^ ENO^ ^cTION T^KEU 002S CONSENT CALENDAR 2. Approval of the Regular Bills of ~o~ 7/12/89. ® 0 Resolution accepting a bond purchase offer for the E1Camino Plaza Assessment District Improvements. A RESOLUTION ACCEPTING BOND PURCHASE OFFER FOR THE SERIES 1989-B IMPROVEMENT BONDS FOR THE EL CAMINO PLAZA ASSESSMENT DISTRICT Resolution authorizing the ~0 installation of four-way stop signs at the intersection of Commercial Avenue and Orange Avenue. Be 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 Resolution approving an agreement ~°~%o between the City and International, Assoc. of Firefighters, Local 1507 Unit B for the period of 7/1/88 through 6/30/91; and Resolution approving Budget Amendment 89-1 to the 1989-90 Operating Budget. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1507, UNIT B, FOR THE PERIOD JULY 1, 1988 THROUGH JUNE 30, 1991 A RESOLUTION APPROVING BUDGET ~o AMENDMENT 89-1 TO THE 1989-90 OPERATING BUDGET ® Motion to adopt ordinance on the Redevelopment Plan for the Downtown/Central Redevelopment CONSENT CALENDAR Approved in the amount of $936,301.23. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 95-89 RESOLUTION NO. 96-89 RESOLUTION NO. 97-89 Removed from the Consent Calendar for discussion by Mayor Teglia. 7/12/89 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 6. Ordinance - Continued. P roj ect. AN ORDINANCE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT Resolution establishing the tax rate for financing the Municipal Services Building for Fiscal Year 1989-90. A RESOLUTION FIXING A SPECIAL PROPERTY TAX RATE FOR FISCAL YEAR 1989-90 Motion to accept the Eucalyptus Avenue Sanitary Sewer Replacement Project as complete in accordance with the plans and specifications. ~o~° Resolution approving the St. Francis Heights Final Map, accepting the offer of dedication of easements, and authorizing related acts. A RESOLUTION APPROVING THE FINAL MAP ENTITLED "ST. FRANCIS HEIGHTS SUBDIVISION" AND AUTHORIZING RELATED ACTS Resolution accepting a bond purchase offer for the E1 Camino Plaza Assessment District Improvements. ~o~° A RESOLUTION ACCEPTING BOND PURCHASE OFFER FOR THE SERIES 1989-B IMPROVEMENT BONDS FOR THE EL CAMINO PLAZA ASSESSMENT DISTRICT CONSENT CALENDAR RESOLUTION NO. 98-89 So ordered. RESOLUTION NO. 99-89 M/S Addiego/Haffey - To approve the Consent Calendar with the exception of Items No. 3 and 6, Carried by unanimous voice vote. Councilman Nicolopulos stated that he really had a question on conflict of interest on Item No. 4, in that he lived on that corner. City Attorney Armento stated that there was no conflict of interest. M/S Nicolopulos/Haffey - To adopt the 7/12/89 Page 5 AGENDA ACTION TAKEN 00¢ I 3. Resolution - Continued. 0 Motion to adopt ordinance on the Redevelopment Plan for the Downtown/Central Redevelopment Project. AN ORDINANCE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT ADMINISTRATIVE BUSINESS 10. Resolution declaring the date of ~qo~ the General Municipal Election for 1989, proposes a ballot measure to increase transient occupancy tax; requests services from the County Clerk; authorizes the filing of an impartial Resolution. RESOLUTION NO. 100-89 Carried by unanimous voice vote. Mayor Teglia stated that there was a speaker card on this item, and that was why she had removed the item. Mr. Michael Fredenthal, 739 Airport Blvd., reiterated his earlier fears: emi- nent domain as opposed to private deve- lopment in relation to low cost housing that exists on Airport Blvd., that proper notice would be given tenants in the event of eviction by new owners; that a 90 day notice gave sufficient time, rather than a 30 day notice; whether the displacement process included relocation, etc. Mayor Teglia stated that eminent domain would not be used, and the ordinance covered the issue of displacement. City Manager Armas stated that Council had directed staff - that when looking at the housing plan, to address displacement of individuals. Councilman Nicolopulos stated that there would be sufficient notice, however, perhaps not 90 days. M/S Haffey/Addie9o - To adopt the Ordinance. ORDINANCE NO. 1056-89 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Clerk Battaya stated that adoption of the resolution sets in motion the necessary actions to conduct the General Municipal Election with the inclusion of a ballot measure. She stated that any specific questions on the measure should be addressed to the City Attorney. 7/12/89 Page 6 A G E N D A A C T I O N T A K E N ~J~-~'~:',5 ADMINISTRATIVE BUSINESS 10. Resolution - Continued. analysis; and related acts. A RESOLUTION DECLARING THE DATE OF THE MUNICIPAL ELECTION FOR 1989, PROPOSING A BALLOT MEASURE, REQUESTING CONSOLIDATION, ESTA- BLISHING THE HOURS DURING WHICH THE POLLS SHALL BE OPEN, ORDERING PUBLICATION OF A NOTICE OF ELECTION, REQUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES, AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS (Cassette No. 2) ADMINISTRATIVE BUSINESS City Attorney Armento read the ballot measure aloud, "Shall the City Council amend the S.S.F. Municipal Code to increase the Transit Occupancy Tax, which is a hotel tax paid by patrons, by $2.50 and use this revenue to acquire, reno- vate, maintain and operate a conference center in the City of South San Francisco." Mr. David Conner, Radisson Inn, stated that he, other hotel operators, and employers were present tonight to offer their support to the ballot measure. Mr. Frieden, Exec. Director San Mateo County Hotel & Restaurant Assn., stated that this measure on Transit Occupancy Tax would provide funding of a convention center. He stated that it would bring a lot of good business which would help general businesses, as well as the hospi- tality industry. Mr. Lou Dell'Angela stated that he was in favor of putting this measure on the ballot, however, there was a need for clarification in terms of what the voter was actually voting on. He stated that the wording was very general, and basi- cally allowed the City Council to fund a conference center in any location in the City. He stated that this morning's newspaper article indicated that if the ballot measure succeeded, the conference center would be placed in a specific location - that being the Berkey Photo Lab property. Mayor Teglia stated that the Council was not bound to a specific site for the con- ference center. Mr. Dell'Angela cited the following con- siderations that should be looked at before the election: whether or not there was sufficient parking on the pre- 7/12/89 Page 7 ASENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 11. Motion to approve Negative' 5°~l Declaration No. 660, and Tentative Subdivision Map SA-89-105 (Avalon Heights) to allow creation of a 16-1ot single-family subdivision with a public street on a 2.96 acre site located on the northeast corner of Constitution Way and Taylor Drive in the R-1-E Zone District (Standard Building Company). ADMINISTRATIVE BUSINESS mises; whether traffic is a problem; the financial arrangements with the landlord; to avoid a situation where you have a landlord that is the only game in town - from a situation of power, which was not a fair negotiating situation. Councilman Nicolopulos stated that the entire Council would take Mr. Dell'Angela's questions under con- sideration, and felt that his suggestions were valid. He stated that anytime there was a bond issue, ther was concern to the citizens on the cost, however, in this case there was but one assessment to be incurred; and that was to the occupants of hotel rooms - which must be made explicit to the residents. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 101-89 Carried by unanimous roll call vote. Mayor Teglia stated that Mr. Conner and Mr. Terran, Holiday Inn, needed volunteers for the citizens committee to participate in the campaign for the measure. Director of Planning Smith stated that the Planning Commission recommendation was for the Council to approve the Negative Declaration and the Subdivision Map to create 16 single family lots. She stated that the Commission had concerns on the drainage and adequacy of the pipe to be constructed as part of the develop- ment. She proceeded to read the staff report aloud (a copy is on file in the City Clerk's Office). Mayor Teglia stated that for clarifica- tion, under noise impacts, these homes were going to be required to have 7/12/89 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 11. Motion - Continued. ADMINISTRATIVE BUSINESS construction that would assure a 45 CNEL interior noise level. Director of Planning Smith stated that studies would have to be made by a noise engineer, who would recommend what steps were to be taken to bring the noise levels down to the appropriate level. Mayor Teglia questioned if the CNEL level could be tested before occupancy so if the level has not been achieved, something else could be done. Director of Planning Smith responded no, that did not occur - the experts provide what has to be done, and that is incorporated. Discussion followed: noise monitoring used in the Airport Noise Insulation Program to achieve noise levels; that a noise design had to have a performance test for effectiveness; that if it didn't meet the test it could be retrofitted; Councilman Drago stated that homes could not be built in a 70 CNEL area according to the Federal contour guidelines; that the FAA Map had been used for the Brentwood area for noise insulation; standards to be met for this kind of con- dition in relation to steps on windows, insulation, roofing and various materials to be used; that the consultant recom- mended, and the Building Inspector checks to see that it meets State and Federal Codes; proposed drainage pipes; whether there would be an overlapping with the Capital Improvement Project if the drainage pipe was put in now; problems with storm drains; whether it mattered to the Developer if the field was left open or the pipe put in; that it was the City's desire to close it; that with it closed there would be more problems in the event of a big storm; amount of main- tenance per year on the drainage; who would pay for the installation of pipe if it was done in the future; the Developer 7/12/89 Page 9 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 11. Motion - Continued. (Cassette No. 3) LEGISLATIVE BUSINESS 12. Approve the ordinance for sub- ~d mission to the voters. AN ORDINANCE AMENDING CHAPTER 4.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO INCREASE THE ADMINISTRATIVE BUSINESS could contribute to the installation; that the real problem was down stream in the Francisco area, due to a lack of capacity, etc. Mr. Joe Stamatis, 269 Avalon Dr., stated the following: he was in opposition to the installation of the 66" drain pipe; that filling of Avalon Creek was not necessary to the project, as stated by a representative of the Developer at a Planning Commission meeting; that main- tenance of the Creek was nil at this point, and not a valid reason; that contrary to engineering studies, the Creek served a useful purpose both upstream and down stream by slowing the stream of run-off; that the City Engineer's opinion was based on theory and calculations; that his own opinion was based on 32 years of fact on what happens to the creek in storms; that the creek was part of the ecology of the Avalon drainage basin, and should be saved; installation of the pipe would further exacerbate the problem upstream; that pipes were under sized down stream, etc. Discussion followed on the various sized pipes in use and their capacity. Mr. Bob Kent, Standard Building Co., stated that they were willing to have the matter continued for two weeks to allow a restudy of the calculations on the noise provisions. Consensus of Council - To continue the item to the next Council meeting. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the Ordinance in its entirety. City Attorney Armento stated that the ordinance would actually put the specific language into the Municipal Code should 7/12/89 Page 10 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 12. Ordinance - Continued. TRANSIENT OCCUPANCY TAX TO FUND A CONFERENCE CENTER 13. Motion to waive reading and intro- duce the ordinance to repeal the Ordinance which established the Youth Commission. AN ORDINANCE REPEALING CHAPTER 2.62 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO THE YOUTH COMMISSION PUBLIC HEARINGS 14. Hearing - Consideration of public nuisance and abatement by the removal of the il legal display at 1045 Airport Blvd. Conduct Hearing; Resolution order- in§ the necessary actions for abatement. A RESOLUTION OVERRULING OBJECTIONS TO THE PROPOSED ABATEMENT OF THE PUBLIC NUISANCE AT 1045 AIRPORT LEGISLATIVE BUSINESS the voters approve the measure. She stated that the voters would have available to them in the ballot pamphlet what the actual language would be, and there would be question subsequently that the language somehow did not reflect what in fact people had voted either for or against. M/S Addiego/Haffey - To waive reading and introduce the ordinance for submission to the vote rs. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Director of Recreation & Community Services Jewell stated that this ordi- nance would disband the Youth Commission. Councilman Addiego stated that there had been a great deal of discussion when this Commission had been formed, and former Councilman Damonte had been proven correct in his viewpoint of not forming the Commission. M/S Haffey/Addiego - To waive reading and introduce the ordinance. Carried by unanimous voice vote. PUBLIC HEARINGS City Attorney Armento stated that a letter had been received from the Applicant requesting a continuance to 8/9/89 in order for him to consult an attorney. Discussion followed: that the City has had a problem trying to contact Mr. Saberi and straighten the matter out; why continue the matter if Mr. Saberi was going to Court, etc. 7/12/89 Page 11 AGENDA ACTION TAKEN PUBLIC HEARINGS 14. Hearing - Continued. BOULEVARD AND ORDERING ASSESSMENT OF COSTS FOR ABATEMENT 15. Public Hearing - To consider the xoa~ City appeal of the Historic Preservation Commission decision to designate the "Previti Palms" as a Historic Resource. Conduct Public Hearing; Motion to continue the item off-calendar. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 16. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT RESPECTFULLY SUBMITTED, Barbara A. Battaya, Cit2~/Clerk City of South San Francisco PUBLIC HEARINGS Mr. Tom Saberi, Jr., stated that his father was very busy and had asked him to fill in for him tonight, however, he would be happy to make an appointment between his father and the City. Consensus of Council - To continue the item to the next meeting. M/S Haffey/Addiego - To continue the item off-calendar. Carried by unanimous voice vote. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Addiego - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:22 p.m. ~%,.~VED. . _ -J~6b~ta Cerri Teglia-~T~ayor /City of South San F~ancisco 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. 7/12/89 Page 12