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