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HomeMy WebLinkAboutMinutes 1989-12-13Mayor Richard A. Halley Counci 1: Jack Drago Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room December 13, 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 13th day of December 1989, at 6:00 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: December 7, 1989 CALL TO ORDER: ROLL CALL: (Cassette No. 1) Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. Councilman Nicolopulos Arrived: RECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITTED, ~ay?~, ~ City of South San Francisco 6:30 p.m. Mayor Halley presiding. Council present: Council absent: Drago, Penna, Teglia, and Haffey. Nicolopulos. Council adjourned to a Closed Session at 6:05 p.m. to discuss the items noticed. Councilman Nicolopulos arrived at the meeting at 6:06 p.m. Mayor Haffey recalled the meeting to order at 7:07 p.m., all Council present, no action taken. M/S Teglia/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:07 p.m. City of South Sa~l/ancisco 12/13/89 Page I AGENDA ACTION TAKEN 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. 12/13/89 Page 2 Chairwoman Roberta Cerri Teglia Boa rdmembe rs: Jack Drago Richard A. Halley Gus Nicolopulos John R. Penna MINUTES Recreation and Park District Municipal Services Building Community Room December 13, 1989 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the Recreation and Park District of the City of South San Francisco will hold a Special Meeting on Wednesday, the 13th day of December 1989, at 6:45 p.m., in the Municipal Services Buildin§ Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Reorganization of the Recreation and Park District. 2. Approval of the Minutes of the Special Meeting of 9/13/89. 3. Resolution setting the annual meeting as the second Wednesday in December of each year at 6:45 p.m. A RESOLUTION SETTING THE TIME AND PLACE OF MEETINGS OF THE RECREATION AND PARK DISTRICT Resolution authorizing the Executive Director to sign a lease and management agreement between VIP Marine, Inc. and the San Mateo County Harbor District at the Oyster Point Marina. A RESOLUTION APPROVING EXECUTION OF A LEASE AND MANAGEMENT AGREEMENT AT THE OYSTER POINT MARINA FOR VIP MARINE BOAT & STORAGE Barbara A. Battaya, Clerk~ South San Francisco Recreation and Park District Dated: December 7, 1989 CALL TO ORDER: ROLL CALL: (Cassette No. 1) 1. Reorganization of the Recreation and Park District. 7:10 p.m. Chairwoman Teglia presiding. South San Francisco Recreation and Park District Boa rdmembe rs present: Drago, Nicolopulos, Penna, Halley and Teglia. South San Francisco Recreation and Park District Boardmembers absent: None M/S Nicolopulos/Drago - To nominate Richard A. Halley as Chairman. Carried by unanimous voice vote. 12/13/89 Page I AGENDA ACTION TAKEN O.LG ~ 2. Approval of the Minutes of the Special Meeting of 9/13/89. e 0 Resolution setting the annual meeting as the second Wednesday in December of each year at 6:45 p.m. A RESOLUTION SETTING THE TIME AND PLACE OF MEETINGS OF THE RECREATION AND PARK DISTRICT Resolution authorizing the Executive Director to sign a lease and management agreement between between VIP Marine, Inc. and the San Mateo County Harbor District at the Oyster Point Marina. A RESOLUTION APPROVING EXECUTION OF A LEASE AND MANAGEMENT AGREE- MENT AT THE OYSTER POINT MARINA FOR VIP MARINE BOAT & STORAGE ADJOURNMENT: M/S Nicolopulos/Haffey - To approve the Minutes of 9/13/89. Carried by unanimous voice vote. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. RPD-9-89 Carried by unanimous voice vote. Executive Director Armas stated that the City Council had approved the lease docu- ments allowing VIP to establish opera- tions some years ago, and this would allow the District to approve the docu- ments. M/S Drago/Nicolopulos - To adopt the Resolution. RESOLUTION NO. RPD-10-89 Boardmember Nicolopulos questioned when this item would come back for reevaluation. Executive Director Armas stated that the document was only a lease and would ter- minate when the property reverted to the City in the year 2035. Boardmember Penna stated that two years ago he had sold his interest in the Marina to VIP, and questioned whether there was a conflict of interest on his part in taking part in the Board action. City Attorney Armento responded that there was not, because Boardmember Penna had sold his interest in the property two years previously. Carried by unanimous voice vote. Time of adjournment was 7:38 p.m. 12/13/89 Page 2 RESPECTFULLY SUBMITTED, ar~bar'a A. Battaya, Cler~k City of South San Francisco Recreation and Park District APPR ~ t Richard A.'Haffey, ~v~i~an City of South San Fr~fc' sco Recreation and Park )istrict The entries of this Council meeting show the action taken by the Recreation and Park District 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. 12/13/89 Page 3 Mayor Richard A. Haffey Counci 1: Jack Drago Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room December 13, 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 13th day of December 1989, at 7:15 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Presentation of Police Public Safety Awards. Barbara A. Battaya, City~lerk City of South San Francisco Dated: December 7, 1989 CALL TO ORDER: ROLL CALL: (Cassette No. 1) 1. Presentation of Police Public Safety Awards. ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco 7:27 p.m. Mayor Haffey presiding. Council present: Council absent: Drago, Nicolopulos, Penna, Teglia, and Haffey. None. Police Chief Datzman presented awards for outstanding service to the community to the following individuals: Matthew Wade Shields; Richard Shields; Mike Meloni; Carl Macugay; Roberta Teglia; Jennifer Reyes; and Margaret Raver. He voiced appreciation to his staff for assisting in the selection of individuals for these very deserving awards. M/S Teglia/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:35 p.m. Ri ch~ ~d~A~fey~/ City of South San F~Pap~Fisco ~// 12/13/89 Page i AGENDA ACTION TAKEN 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. 12/13/89 Page 2 Mayor Richard A. Halley Council: Jack Drago Gus Nicolopulos John R. Penna Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE I NVOCAT ION PRESENTATIONS AGENDA REVIEW City Manager Armas Requested: - Delete Item No. 4. - Delete Item No. 5. - Modify the recommendation on Item No. 14 to omit No. 2, and approve No. I and 3. ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room December 13, 1989 ACTION TAKEN 7:43 p.m. Mayor Haffey presiding. Council present: Council absent: Drago, Nicolopulos, Penna, Teglia, and Halley. None. The pledge was recited. Chaplain Whitaman, Kaiser Hospital, gave the invocation. PRESENTATION Mr. Robert Phoenix, Sumitomo Tire, stated that Sumitomo was a 535 year old company with roots in Japan, and Sumitomo Tire called South San Francisco home. He stated that after the earthquake it was decided to not have the traditional employee Christmas party, and apply the funds to a more needy cause. He pro- ceeded to present the Mayor with a $3,000 check for repair of Orange Park Pool from the earthquake. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Councilman Penna stated that he had received a letter from the S.S.F. Youth Baseball Managers seeking support from 12/13/89 Page i AGENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of 11/08/89, and the Regular Meeting of 11/22/89. Approval of the Regular Bills of 11/22/89, and the Regular Bills of 12/13/89. Motion to waive fees of $105.00 for use of the Municipal Services Building Social Hall for the Community Scholarship Association's annual "Honor Graduate Night." 0 Resolution approving specifica- tions, and calling bids for the Magnolia Senior Center. A RESOLUTION APPROVING SPECIFI- CATIONS, AND AUTHORIZING THE ADVERTISEMENT OF SEALED BIDS FOR MAGNOLIA SENIOR CENTER 5. Motion to accept as complete the public improvements constructed and installed in accordance with the subdivision improvement agreement for Pointe Grand Business Park PUD-87 -7. 6. Motion to accept the 1989-90 Street Resurfacing Program as complete in accordance with the plans and spe- cifications. COMMUNITY FORUM the Council in sponsoring a hole in the third annual golf tournament to be held 1/21/90 at Sharp Park Golf Course, as well as participate. He spoke of a photographic art show being exhibited at the Court House in Redwood City, called "Women with Aids." He stated that he would like to see this type of display exhibited locally. CONSENT CALENDAR Approved. Removed from the Consent Calendar for discussion by Councilman Penna. Removed from the Consent Calendar for discussion by Councilman Drago. Deleted from the Agenda under Agenda Review by the City Manager. Deleted from the Agenda under Agenda Review by the City Manager. Approved. 12/13/89 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution awarding contract for the Railroad Avenue Sanitary Sewer Replacement to James Chalmers, as the lowest responsible bidder, in the amount of $273,725.00. ® A RESOLUTION OF AWARD OF CONTRACT FOR THE RAILROAD AVENUE SANITARY SEWER REPLACEMENT Resolution authorizing the adver- tisement and solicitation of bids for the San Mateo Avenue Pump Station' Force Main. ® A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING FOR BIDS FOR THE SAN MATEO AVENUE PUMP STATION FORCE MAIN Resolution requesting participation in the Program for Rehabilitation of Streets Utilized by Transit Vehicles - Phase III. 10. A RESOLUTION REQUESTING PARTICI- PATION IN THE PROGRAM FOR REHABIL- ITATION OF STREETS UTILIZED BY TRANSIT VEHICLES - PHASE III Resolution authorizing Budget Amendment No. 89-8 for the 1989-90 Operating Budget for the purchase of meter housings for Maple Avenue and the 400 block of Grand Avenue for a cost of $12,000.00. A RESOLUTION APPROVING BUDGET AMENDMENT 89-8 TO THE 1989-1990 OPERATING BUDGET 11. Resolution approving appropriation of funds from the Capital Improve- ment Budget for repairs to the Orange Memorial Park Swimming Pool in the amount of $43,000.00; Resolution of award of contract. A RESOLUTION APPROVING AN CONSENT CALENDAR RESOLUTION NO. 155-89 RESOLUTION NO. 156-89 RESOLUTION NO. 157-89 RESOLUTION NO. 158-89 Removed from the Consent Calendar for discussion by Mayor Halley. 12/13/89 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 11. Resolution - Continued. APPROPRIATION TO THE CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE ORANGE PARK POOL A RESOLUTION OF AWARD OF CONTRACT FOR REPAIR OF THE ORANGE MEMORIAL PARK SWIMMING POOL 12. Resolution authorizing the City Manager to execute a lease and management agreement between VIP Marine, Inc. and the San Mateo County Harbor District for the use of City-owned property at Oyster Point Marina. A RESOLUTION APPROVING EXECUTION OF A LEASE AND MANAGEMENT AGREEMENT AT THE OYSTER POINT MARINA FOR VIP MARINE BOAT & STORAGE Resolution authorizing the sale of excess right-of-way to Homart Development Company and Marriott Corporation. A RESOLUTION AUTHORIZING SALE OF EXCESS RIGHT OF WAY TO HOMART DEVELOPMENT COMPANY AND MARRIOTT CORPORATION 14. Resolution amending the City Manager employment Agreement. A RESOLUTION AMENDING THE CITY MANAGER EMPLOYMENT AGREEMENT 15. Motion to cancel the regular Council meeting of 12/27/89. --'ADMINISTRATIVE BUSINESS CONSENT CALENDAR RESOLUTION NO. 159-89 Removed from the Consent Calendar for discussion by Councilman Penna. Removed recommendation No. 2, and adopted Resolution. RESOLUTION NO. 160-89 So ordered. M/S Teglia/Drago - To approve the Consent Calendar with the exception of Items No. 2, 3, 4, 5, 11 and 13. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS 12/13/89 Page 4 ® Approval of the Regular Bills of 11/22/89, and the Regular Bills of 12/13/89. Councilman Penna stated that there should be a better way of accounting for bills that would identify the department and the purpose of the expenditure. He stated that he wanted to see an accounting of expenditures on a monthly basis by department, and looked forward to meeting with staff to offer suggestions. Mayor Halley suggested referring this to staff in that it was a cumbersome item already, however, Councilman Penna could call staff when he receives the packet to clarify items of concern. City Manager Armas stated that the Council takes great pain in reviewing projections of revenues and expen- ditures from the City Manager, and looks at expenditures every two weeks. He stated that the budget was a guiding instrument, however, he could take suggestions for a more comprehensive document and get back to Council. Councilman Nicolopulos stated that what Councilman Penna was referring to might revert back to a line by line item budget, which had existed in the pa st. Councilman Penna stated that it had nothing to do with trust, but as a Councilman he wanted a finger on the heart of the financial picture ol~ this community to make an analysis which the additional information would facilitate. City Manager Armas stated that coun- cil subcommittees would be reorga- nized, and something could be presented to the budget council sub- committee along the lines suggested. Mayor Haffey stated that he hoped 12/13/89 Page 5 ® 11. Approval of the Regular Bills - Continued. Motion to waive fees of $105.00- ~°N~ for use of the Municipal Services Building Social Hall for the Community Scholarship Association's annual "Honor Graduate Night." Resolution approving appropriation of funds from the Capital Improve- ment Budget for repairs to the Orange Memorial Park Swimming Pool in the amount of $43,000.00; Resolution of award of contract. A RESOLUTION APPROVING AN APPROPRIATION TO THE CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE ORANGE PARK POOL A RESOLUTION OF AWARD OF CONTRACT FOR REPAIR OF THE ORANGE MEMORIAL PARK SWIMMING POOL this wasn't a move toward micro management. M/S Penna/Teglia - To approve the Regular Bills of 11/22/89, and the Regular Bills of 12/13/89 in the total amount of $2,751,822.93. Carried by unanimous voice vote. Judge DeLarios stated that this Association distributed something in excess of $10,000 per year to graduating seniors from S.S.F. high schools. He spoke of the efforts to curb costs over the years, such as not holding a dinner for all of the seniors but having a reception for students with a B or better average. He stated that Council was being requested to waive the fees in order that more money could go to the seniors. M/S Drago/Teglia - To waive fees of $105.00 for the Community Scholarship Association's annual "Honor Graduate Night." Carried by unanimous voice vote. Director of Recreation & Community Services Jewell stated that approval of the resolution would allow $43,000 of capital improvement funds to be used for the repair of Orange Memorial Park Swimming Pool. He stated that the dama- ges resulting from the earthquake were to two large filtration tanks and the plumbing. He stated that the pool had been opened in 1970, and much of the equipment and materials were showing wear and needed to be replaced. He stated that it had been difficult to find experienced people to do the work because of the demands on their time after the earthquake, however, three com- panies had been secured to assess the damage. He stated that adoption of the second resolution would award a contract. He stated that FEMA did provide some sub- 12/13/89 Page 6 Resolutions - Continued. 13. Resolution authorizing the sale of sidy for repair of earthquake damage, however, that amount was only $5,800.00 He described in detail the plans to not. only repair the pool, but to update the filtration system. Mayor Halley expressed concern that the Council had been informed after the earthquake that the maintenance time would be moved forward, and the pool would be reopened in December. He stated that the Council was not informed that the schedule to reopen the pool could not be met because of needed repairs, and he had been informed by residents of their disappointment. He stated that now the staff report stated that the pool would be reopened in January, and questioned if that was a firm date, so that the public would not be further inconvenienced. Director of Recreation & Community Services Jewell stated that January was the time frame given him by the contractors. Mayor Halley stated that the balance of the funds after the $43,000, the $3,000 donation and the FEMA $5,800 would be taken from the catastrophic fund, and the City could assure citizens that the repairs would be done and not delayed. Mrs. Mildred Angeles stated that she and other handicapped people used the pool for physical therapy, and greatly appre- ciated the repairs being made in the the very near future to maintain this life line of mobility for the handicapped. M/S Teglia/Nicolopulos - To adopt the Resolutions. RESOLUTION NO. 161-89 RESOLUTION NO. 162-89 Carried by unanimous voice vote. Councilman Penna expressed concern that 12/13/89 Page 7 AGENDA ACTION TAKEN Resolution - Continued. excess right-of-way to Homart Development Company and Marriott Corporation. A RESOLUTION AUTHORIZING SALE OF EXCESS RIGHT OF WAY TO HOMART DEVELOPMENT COMPANY AND MARRIOTT CORPORATION this proposed sale was part of the rede- velopment area and was not a situation wherein a competitive bid was made after being disclosed to the public. He stated that in order to get the highest and best price for the City, all property should go to the competitive bid process - which was what he wanted to see done in this ca se o Mayor Haffey stated that this was a unique property that was 1,300' long and anywhere from 1' to 15' wide. City Manager Armas stated that this pro- perty was a very narrow triangle that on its own could not be used in a different capacity, and since there were no other property owners that could be able to avail themselves - it was unlikely that the City would receive competitive bids. He explained that what had motivated the sale was that the property immediately next to it was proposed as the site of a Marriott Courtyard, and terms of approval were that the property be landscaped, and obtain that small piece of property. He felt that $25,000 was an equitable sale for the City to the adjacent landowner. He stated that to lease the property would not be of long term benefit, and it had drawbacks for the City. Councilman Penna stated that he had two concerns: that Homart would sell the property to Marriott - which amounted to two potential bidders; and the price of $1.90 a square foot. He stated that if he was going to be involved with the public's money he wanted to make sure the Council was doing the proper thing, and he could not see a problem in putting it on a competitive bid. Councilman Drago stated that he agreed with Councilman Penna - that the prudent approach was to use the competitive pro- cess in the sale of land. 12/13/89 Page 8 A G E N D A A C T I O N T A K E N !, ~ 13. Resolution - Continued. ADMINISTRATIVE BUSINESS 16. Request to consider funding special instruction for the South San Francisco Ballet Folklorico in the amount of $400.00. 17. Resolution approving the establish~oq ment of the South San Francisco Conference Center Board. A RESOLUTION ESTABLISHING THE SOUTH SAN FRANCISCO CONFERENCE CENTER BOARD City Attorney Armento explained the two ways that the City comes into these excess types of properties: 1) large pieces of property such as the Chestnut and Grand property that did go to competitive bid- ding; 2) excess property from a relocated roadway or the abandonment of an ease- ment. She stated that in this particular situation this piece of property arose because of the relocation of the roadway which came under the disposition provi- sions of the Streets & Highways Code, as opposed to the Government Code, etc. Mr. Richard Watkins, Homart Dev. Co., stated that this was viewed as a house- keeping item for the City, in that the map for Marriott's parcel was approved with the condition that an easement be obtained, etc. Discussion followed on how the price per acre had been established; that the sale would put the property back on the tax rolls, and remove any liability to the City for the parcel. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 163-89 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS This item was heard after Item No. 17. City Manager Armas stated that Council had certified the 11/7/89 election resul.ts at the last meeting with the passage of Measure C. He stated that the City had began collecting the hotel tax effective 12/2/89 that will be utilized to fund, operate, and maintain a con- ference center on So. Airport Blvd. He stated that this was the first of many 12/13/89 Page 9 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 17. Resolution - Continued. 16. Request to consider funding special instruction for the South San ~ Francisco Ballet Folklorico in the amount of $400.00. ADMINISTRATIVE BUSINESS actions to be taken over the next few months, and would establish a conference center board to advise the City Council relative to the operation of the faci- lity. He proceeded to describe the com- position of the Board: 2 Councilmembers; 2 hotel people; 1 restaurant person; 1 airline person; and 1 resident employed in the industry. He stated that if the Council approved the resolution, then staff would advertise for applicants with a deadline of 1/3/90 for the return of applications; and interviews would be set for the first meeting in January. Mayor Haffey stated that this was a man- date of the people which Council wanted to get going within a year, and he appre- ciated staff moving on this item. Vice Mayor Drago questioned why the resident had to be in the visitor/hospitality industry, rather than a resident and taxpayer. Councilwoman Teglia stated that it was important to have hands-on-experience for the boardmember. She stated that the Council will review and approve the annual budget of the Board, and any other actions that are necessary. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 164-89 Carried by unanimous voice vote. Ms. Connie Guajardo stated that as a Director of the S.S.F. Ballet Folklorico, she was requesting $400 for an outside class with Mr. Carlos Morenos in Hayward to teach the students better dance steps. Discussion followed: concern over paying someone outside the City; that this was for cultural purposes; that money had been given to a soccer group to go to 12/13/89 Page 10 AGENDA ACTION TAKEN ---ADMINISTRATIVE BUSINESS 16. Request - Continued. 18. Motion to grant a one-year time ~m~""~ extension to 12/31/90 for .$~' Shearwater Tentative Subdivision Map SA-87-91. 19. Motion not to approve the request from the Westborough Advisory ~ Committee for $150,000 of park in-lieu fees to benefit their fundraising efforts to acquire suf- ficient grants to construct a Westborough community swimming pool. (Cassette No. 2) ADMINISTRATIVE BUSINESS Italy; that the expertise could not be found in the City; that normally the Council made City facilities available for fund raising. M/S Teglia/Penna - To approve funding in the amount of $400.00 from the Council budget. Carried by unanimous voice vote. Director of Planning Smith stated that this was a companion item to the Redevelopment Agency agenda, and would allow the fifth extension, the last allowed under the Subdivision Map Act, to submit the final map. M/S Teglia/Drago - To approve a one-year time extension for the Shearwater Tentative Subdivision Map SA-87-91. Carried by unanimous voice vote. Director of Recreation & Community Services Jewell stated that the staff recommendation on this item was to not approve the request for the $150,000 of park in-lieu fees. He stated that the Park & Recreation Commission supported the Advisory Committee, and recommended that $150,000 be earmarked for a three year period to try to acquire additional grants during that period. He stated that Council had adopted a resolution in 1986 for the concept of a swimming pool, but had not earmarked funds. He stated that $12,000 had been raised by the Committee since that time, and related that the current construc- tion estimate for the pool was $2.5 - 3 million dollars. Mrs. Ann Waters, Chairman of the Advisory Committee, gave background information on the Committee and its fundraising efforts to construct a pool in Westborough. She questioned if the forthcoming master plan 12/13/89 Page 11 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 19. Motion - Continued. ADMINISTRATIVE BUSINESS would also address the need for a swimming pool in Westborough. Director of Recreation & Community Services Jewel l stated that the master plan would be completed in 1990, and it would have a comprehensive evaluation of all City facilities and future needs - which would include a pool in Westborough. Mrs. Waters stated that there was a need for a swimming pool in Westborough for health and community needs. She questioned a need for a further study on the existing need. She further expounded on the pool needs of the community, and urged the Council to earmark the park in-lieu funds of $150,000.00 which would further aid the Committee in solicitation of grant monies. Ms. Patty Shelly, 2435 Tipperary, stated that the Westborough community had felt that it was not a part of S.S.F. in the past, and a pool would remove that separation by having pool users from elsewhere in the City - which would relieve the congestion at Orange pool. Mayor Haffey stated that the Council was meeting with the Planning Commission tomorrow evening to discuss planning con- cerns of the Westborough area, and encouraged concerned citizens to attend the meeting. Mr. Harry Baptista stated that there were four pools in the City, and it was strange that all were located east of E1 Camino. He stated that Westborough had some 16,000 residents'in addition to Buri Buri, and Avalon, which amounted to half of the population of the City. He urged the Council to support the Committee's request. Councilman Penna questioned if Mrs. 12/13/89 Page 12 A G E N D A A C T I 0 N T A K E N ADMINISTRATIVE BUSINESS 19. Motion - Continued. ADMINISTRATIVE BUSINESS Waters was asking for other monies from Westborough projects be set aside, such as the Callan property being developed on Appian Way, as well as the park in-lieu fees requested. Mrs. Waters stated that she was asking that that money also go, or either ask Mr. Callan to build a swimming pool as the developer of Terrabay had agreed to do for the City. Councilman Penna stated that he would be able to support the $150,000, but cited the following concerns: having funds in a reserve account for three years without being able to use the funds; would be in favor of waiting three years if there was a commitment from the Committee, and they go forward in their attempts to get grants in a timely fashion; could support it if the Committee comes back to Council each year with a commitment of $1,000,000.00; and wanted a cap on the reserve fund. Mrs. Waters read from a 7/24/86 staff report that established the Committee as the official fund raising body, and said that the City would serve as the fiscal agent for the funds that would be placed in a separate fund, etc. Mayor Halley questioned Park & Recreation Commissioner Jones on what the Commission's thinking was as to what would happen al~ter the three year period to the $150,000.00; and Mrs. Waters reference to funds from another developer in the area. Park & Recreation Commissioner Jones stated that it would revert back to the Commission to do what they saw fit to do in that area. He stated that he had not heard anything about funds from another developer. He further stated that Council approval would assist the Committee in their grant raising activi- ties. 12/13/89 Page 13 ADMINISTRATIVE BUSINESS 19. Motion - Continued. ADMINISTRATIVE BUSINESS Councilman Nicolopulos stated that this had been a sensitive issue for three years, and he had gone on record at the time to be sure that everyone understood what the Resolution No. 21-86 did; and proceeded to read the resolution aloud. He stated that the City had made a com- mitment to supply the land and main- tenance, and no money. Mrs. Waters stated that she did understand the agreement - that the City did not have funds to finance construc- tion of the pool, but the City could help the Committee in their efforts to satisfy the community's need. Mayor Haffey stated that he was suppor- tive, however, he was concerned with tying up $150,000 for three years when there were repairs needed for athletic fields, and other programs. Councilmember Teglia cited some concerns: that the Westborough pool had never been put on a prioritized list for the com- munity; she remembered that the Council had agreed to not put City money into construction of this pool; discussion of dividing the City into quadrants; that the City was too small to be fragmenting a community; that Orange Park serves the entire community; and thought that funds could be used from all quadrants if it benefited the entire community. City Manager Armas stated that the legislation mentioned did provide that a City look at creating zones so that the revenue generated within that area could be used for that purpose. He continued, however, it did provide an exception, "If a community - if a City demonstrated and made determinations that it had community-wide benefits, then you could use those resources, all the quadrants, because the community at large, rather than a specific pocket would realize the benefit ." 12/13/89 Page 14 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 19. Motion - Continued. ADMINISTRATIVE BUSINESS Vice Mayor Drago stated that he was not concerned about tying up the money, and that his understanding was that the funds when collected, had to be used in a specific area for parks and recreation - which this use fell under. He questioned if money had ever been taken for a com- munity project before. City Manager Armas stated that the law has always made that available as an option. Vice Mayor Drago stated that he wanted to see information on exceptions made in other communities. M/S Drago/Penna - To overrule the staff recommendation and support the Park & Recreation Commission decision to earmark the fees for a three year period. Mayor Haffey clarified the Motion and Second: that it included the condition - that only if the City actually receives this amount in developer fees, because Council did not want to make a commitment of General Fund monies. Councilmember Teglia stated that rather than make a Motion - that Council instruct staff to bring back a resolution at the next meeting that does what the Council wants and puts in some safeguards. Mayor Haffey stated that based on the Motion and Second, he was sure that staff would prepare a resolution for the next meeting with all of the particulars discussed tonight. Councilman Penna stated that there was a particular development along Appian Way that could generate $165,000 in funds. Mr. Joseph Mount, 31 Las Flores, stated that there had not been discussion on maintenance costs for a pool, and he 12/13/89 Page 15 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 19. Motion - Continued. 20. Motion to receive the list of unreinforced masonry buildings and authorize its submittal to the Seismic Safety Commission. (Cassette No. 3) ADMINISTRATIVE BUSINESS felt that the funds could be better spent on such things as baseball fields because the money could be used anywhere in the City. He felt that of the 800 households that used Orange pool at this time only 20% of those people were from Westborough, and he did not feel that another pool was needed at this time. Vice Mayor Drago stated that it had not been determined that the funds could be used anywhere in the City. Councilman Penna stated that this deci- sion should be made by the Council for the good of the community, and this could be used as a means to bring the community together. He stated that the City had a group of people dedicated to the com- munity, and the Council should support their need. He stated that he wanted to see the Committee back here in a year with $1,000,000, and each year there after. Carried by majority roll call vote, Councilmembers Teglia and Nicolopulos voted no. Director of Economic & Community Development Costello stated that State Law required that cities prepare a list of unreinforced masonry buildings, submit it to their councils and the State Seismic Safety Commission; and develop a mitigation program. She proceeded to relate the staff report that cited buildings in the City that constituted the list to be submitted to the State (a copy is on file in the Clerk's Office). She stated that after the first of the year staff would set up a Council study session to look at and set mitigation measures, and draft an ordinance. M/S Teglia/Drago - To receive the list. Mayor Halley questioned if the property owners would be allowed to offer input. 12/13/89 Page 16 AGENDA ACTION TAKEN --- ADMINISTRATIVE BUSINESS 20. Motion - Continued. ADMINISTRATIVE BUSINESS Councilman Penna stated that one of the properties on the list was one wherein he manages the property, and questioned if he had a conflict of interest. City Attorney Armento stated that this particular item was dealing simply with the receipt of the list and the transmit- tal of the list to the Seismic Safety Commission, so while it might be con- sidered a close question there doesn't appear to be anything that would result in a material impact. She continued, that situation may change when the question of mitigation measures was add re s sed. Discussion followed: that this submittal put all parties on notice, with the exception of tenants; that the legisla- tion contained a provision to protect the legislative body from liability; concern over the mixed uses of some of the buildings; informing all parties, including tenants of the list; concern over homes built prior to 1940 that also have unreinforced masonry that were not a part of the list; concern that the spectrum of options for owners had not been defined; that the City would notify the owners that their building was unsafe due to the unreinforced masonry struc- ture; that other cities were developing specific ordinances that require owners to take corrective steps; that the City Attorney thought that the legislation was in the Health and Safety or Government Codes; that State monies were not available to help cities carry out this law; that if these buildings had vacancies in the future, Councilmember Teglia wanted prospective tenants notified of the building construction; that a property owner could get his pro- perty taken off this list if it was designated historic, etc. Mrs. Helen Price, 350 Myrtle St., Redwood City, stated that she had a prepared speech she would not read because of a 12/13/89 Page 17 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 20. Motion - Continued. ADMINISTRATIVE BUSINESS meeting she was to have with the City Manager. She felt that this was a discretionary measure that pointed out merchants as Councilman Penna had noted, and she could not afford the expenditure to reinforce the one wall in her building. She stated that she was old and if she made a loan for the construction she could not pay it back. She pointed out the fact that the building had withstood many earthquakes. Vice Mayor Drago stated a concern on whether there was any question if this was an unreinforced building, and whether it was a valid list of true unreinforced masonry buildings. Director of Economic & Community Development Costello stated that the City did not have records. Chief Building Inspector Baca stated that the Seismic Safety Commission had published a guidebook when they adopted the law to help locate the buildings. He stated that buildings built prior to adoption of the Code or a Building Department being established, then it was a good assumption that the building was built prior to adoption of any reinfor- cement standard; and they were to be looked at as potentially hazardous. Vice Mayor Drago stated that there were no visual inspections wherein concrete was taken out of the structure. Chief Building Inspector Baca stated that destructive tests were not taken or made, nor any other type of analysis. Discussion followed: that if the City and the property owner did not have construction records, then seismic testing could be done as a proof factor that the building was safe; that the soil condition had a lot to do with stability of the building; that there was solid subterranean rock in old town; that this 12/13/89 Page 18 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 20. Motion - Continued. 21. Resolution approving amended budget recommendations of the Citizens lo Review Committee for the 1989-90 Downtown Commercial Rehabilitation Program. A RESOLUTION APPROVING AMENDED RECOMMENDATIONS OF THE CITIZENS REVIEW COMMITTEE FOR THE 1989-90 DOWNTOWN COMMERCIAL REHABILITATION PROGRAM PUBLIC HEARINGS 22. Public Hearing - Conduct Public Hearing and adopt resolutions and ordinances pertaining to: a) UNIFORM ADMINISTRATIVE CODE, 1988 EDITION A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM ADMINISTRATIVE BUSINESS should all be addressed in the study session; Councilmember Teglia wanted someone to address on structures and proximity to faults, and soil conditions at the study session;, etc. Mr. Edward Rodondi, 225 Wildwood Dr., suggested that the contents of the staff letter to tenants should not create a situation to negate resources between tenant and owner on what will be done in the future. Mr. Allan Asper stated that he spoke for the owner of 701 Linden, and felt that the tenants should be notified. He stated that he agreed that all structures in the City should be looked at for unreinforced masonry. Carried by unanimous roll call vote. Councilman Nicolopulos thought that at one time there were plans to purchase the Kehoe property, and questioned why it was on the list for $15,000. City Manager Armas stated that at a study session it had been decided to hold the $15,000 in abeyance for the property. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 165-89 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Halley opened the Public Hearing. Director of Economic & Community Development Costello gave an overview of the seven resolutions and ordinances to be adopted for the various State Codes. Mr. Michael Callan, 82 Isabella, Atherton, expressed concern over Section 15-08179 - work during the rainy season 12/13/89 Page 19 AGENDA ACTION TAKEN PUBLIC HEARINGS 22. Public Hearing - Continued. ADMINISTRATIVE CODE, 1988 EDITION AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES (Cassette No. 4) b) AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 15.06 ENTITLED "UNIFORM ADMINISTRATIVE CODE" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE, AND ADOPTING THE UNIFORM ADMINISTRATIVE CODE, 1988 EDITION UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1988 EDITIONS A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1988 EDITIONS c) AN ORDINANCE AMENDING CHAPTER 15.08 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TO ADOPT THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1988 EDITION, AND TO REPEAL THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1985 EDITIONS UNIFORM HOUSING CODE, 1988 ja~9 EDITION ~1~ A RESOLUTION FINDING AND DETER- MINING THE NEED FOR ADMINIS- TRATIVE CHANGES OR MODIFICATIONS TO THE UNIFORM HOUSING CODE, 1988 EDITION AN ORDINANCE AMENDING CHAPTER 15.10 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TO ADOPT THE UNIFORM HOUSING CODE, 1988 EDITION, AND TO REPEAL THE PUBLIC HEARINGS having a restriction from Nov. i to May 1, and with October being a foggy month it amounted to six months in which one could not grade. He stated that he was getting a loan of $23,000,000 to put on 135 units and if he shut down for five months it would cost an approximate interest at 12% of $2,760,000 or $8,518.52 per unit. He explained that the grading needed to be done would amount to 2,500 yards per building. He stated that he was looking for some regulation or interpretation of each dif- ferent project, and planned to begin grading in January or February in that the storm sewers were there already. City Attorney Armento stated that this Section did not say you cannot grade bet- ween 11/1 and 5/1. She stated there was not a change from what it presently said, but it said that during the period of 11/1 and 5/1, if you want to grade more than 200 cubic yards the City Engineer has to determine that there will not be any adverse impacts on public health, safety or welfare. If the City Engineer makes that determination, then he will issue the permit and the person can go ahead and grade. Mr. Callan stated that he did not have a problem wi th that. Councilwoman Teglia questioned a letter given to the Council this evening from Heller, Ehrman, White & McAuliffe regarding Terrabay (a copy of the letter dated 12/13/89 is attached and a per- manent part of the record of this meeting). City Attorney Armento explained the Attorney's contention on the work hours for grading operations, and the allowable discretion of the City Engineer in cur- tailing grading operations during winter. 12/13/89 Page 20 December WI~T¢II~, C.I£C1' OIAL NLIMI&R (415) 772-6838 10660-0013 VIA TELECOPY Valerie Armento City Attorney City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Re: .Terrabay - Proposed Changes to South San Francisco Ordinances Dear Ms. Armento: Thank you for taking the time to speak with me 'last Friday. As you know from our conversation', Jesus Armas'has - notified W. W. Dean & AsSociates of the City's proposed ordina~ce change affecting 1) the allowable work hours for grading operations and 2) the allowable discretion of the city engineer in curtailing grading operations during the winter months. I understand that the City Council will be considering the amendments at its meeting tonight. AS a follow-up to our telephone conversation, I'would like. to state for'the .record our view that the proposed changes should not apply to Terrabay. . · · .. we would above all like to continue the cooperative spirit which has characterized for many yea~s now the ce!atio~ between the developers and the City. we want to'work hand in hand with you to find a mutually agreeable $o!Otion for an%' p~:,b!em~. we believe that the existing Development Agreement sh~u!d p~Clude application of the proposed ordinance to the Terrab~v p~oJe,:t. F,.,~ under the Development Agreement, in consideration of ~he developer's agreement to provide certain facilities and ~mprovements, the City fixed the rules and rebuilt!ohS that were and are to govern the project. The Agreement, as ~,ou noted, contains en e~:ception to the basic principle of the Development Agreement that the law applicable to the project is frozen as of the ~ate of the Development Agreement. The exception provides that the developer 12/13/89 Page 20a Valerie Armento December 13, 1989 Page must comply with the Building Code standards in effect at the time a building permit is issued. The purpose behind the ex6eption is .clear: if structural or seismic standards are upgraded, new buildings should conform to the higher standards in the interest of public safety. You urged that because of the intent behind the Building Code exception, new ordinances which affect grading should also apply to Terrabay. I would concur in your argument if the amendments at issue fall within the realm of Bui_~!~ing Code -- concerns, i.e,, public health and safety. ~-- But the current amendments do not address health and. sa.fety concerns. Their motivation, in fact, ls quite unclear to · us, and .characterizing them as "general Welfare" items is evasive and confusing rather than instructive. At a practical level, moreover, if the amendments are adopted, they could have a severe adverse financial effect on Terrabay. The developer did not compute the increased cost which restricted grading will entail "when-it entered the Development Agreement. The developer relied on __ the grading rules which were then in effect, which it understood would be the governing rules throughout the first year of the' pro~ect during which the grading work would be performed. .If applied to Terrabay the amendments could be used to deprive Terrabay of up to one and a half hours of grading time every day. The amendments could also lead to a prohibition of winter grading for reasons unrelated to health and safety. Changes of this sort will unquestionably increase 'construction costs at Terrabay and will necessarily affect eventual prices, we think the proposed amendments are not allowable under the.Agreement as to Terrabay and should not be applied to Terrabay. .. , You stated that the City must be. able to u~grade.'and implement new safety ordinances, we agree. The Development Agreement provides for that. Using your example, if a difficult winter were to make grading more dangerous, than u3ua!, the Clt~ must be free to administer the issued grading permits stringently even though no building permit has been issued, we ~gree. A~ ordinance amendment which was designed e::pressly an~ carefully to protect health and safety benefit~ us ~11. we respect ~'c.ur concert, to preserve the City's freedom in such cases and we cam certainly interpret the,Development Agreement to acco~mpdate grading' ordinance amendments that actually do directly concern pub!lc health and safety.1 1 I would also note for the record that under the ordinance which now governs Te~'rabay, winter grading mu7' be contmolle,~ for health and safety reasons. 12/13/89 Page 20b valerie Armento December 13, 1989 Page ~3 Much of the controversy regarding du~t and noise control resulted from the grading of the Hillside Boulevard Extensioa. L~The Boulevard right-of-way, as you know, abuts existing houses. The. 'Boulevard is being built under.the agreement between the City 'of South San-Francisco and the County of San Mateo dated January '3, 1984. W.W. Dean & AssOCiates integrated Boulevard grading With project grading, we think differentiating project grading and Boulevard grading is important for two reasons: first, the dust and noise issues arose primarily out of Boulevard grading; second,.the Boulevard grading is largely completed. Therefore the sources of concern are in fact exhausted. There is no need to burden project grading with restrictions which are unnecessary and which may translate into increased prices for Terrabay units. 'Existing restrictions ia the Specific Plan, Development Agreement and grading permit already give the City ample control over'project grading. . 'we reiterate that the heavy grading of the Boulevard is now substantially complete. Further work on the Boulevard, such as paving and pouring of concrete, will be of a lighter nature and will be performed directly by the County. Future pro~ect grading will occur on the slope of San Bruno Mountain well away from existing houses. Hillside Boulevard will itself act as a buffer: it separates the project from residential areas by no less'than 200 feet at every point. . Please call me prior to'the meeting with any comments or questions. Please also let me know if I have in any way misunderstood your position. ! would appreciate your circulating this to the Council so that it becomes part of. the official record of the meeting. very truly,yours, n~i~fe~~L M,tki'n . John Ochsner Jesus Armas Elaine Costello Ron Parini CC: ]2/]3/89 Page 20c AGENDA ACTION TAKEN PUBLIC HEARINGS 22. Public Hearing - Continued. UNIFORM HOUSING CODE, 1976 EDITION d) UNIFORM PLUMBING CODE, 1988 ~>1 EDITION ~ A RESOLUTION FINDING AND DETER- MINING THE NEED FOR ADMINIS- TRATIVE CHANGES OR MODIFI- CATIONS TO THE UNIFORM PLUMBING CODE, 1988 EDITION AN ORDINANCE AMENDING CHAPTER 15.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1988 EDITION, AND TO REPEAL THE UNIFORM PLUMBING CODE, 1985 EDITION e) UNIFORM MECHANICAL CODE, 1988 ~1 EDITION A RESOLUTION FINDING AND DETER- MINING THE NEED FOR ADMINIS- TRATIVE CHANGES OR MODIFI- CATIONS TO THE UNIFORM MECHANICAL CODE, 1988 EDITION AN ORDINANCE AMENDING CHAPTER 15.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1988 EDITION, AND TO REPEAL THE UNIFORM MECHANICAL CODE, 1976 EDITION f) NATIONAL ELECTRICAL CODE, 1987~1& EDITION A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE, 1987 EDITION AN ORDINANCE AMENDING CHAPTER PUBLIC HEARINGS She stated that the Attorney did not feel that this applied to the Terrabay Project because of the Development Agreement. Discussion followed: on the contention of the Terrabay Attorney as opposed to the City Attorney on the grading provi- sions; that a developer had to submit a winterization schedule for grading; noti- fication process for public hearings; concern that the Uniform Administrative Code did not require a certificate of occupancy for a dwelling; concern that quarterly fire drills at day care homes were not monitored by the Fire Dept. Consensus of Council - That the Fire Department should review the fire drills once a year at day care homes. Discussion continued: to require metal containers with tight fitting covers in places of public assembly to avoid a fire such as the one at the State Theatre; dealing with hazardous waste material by the Fire Dept.; that Councilman Nicolopulos wanted the item continued. Mayor Haffey closed the Public Hearing. M/S Teglia/Penna - To adopt the seven Resolutions and seven Ordinances relative to the Model Codes. a) RESOLUTION NO. 166-89 a) ORDINANCE NO. 1067-89 b) RESOLUTION NO. 167-89 b) ORDINANCE NO. 1068-89 c) RESOLUTION NO. 168-89 c) ORDINANCE NO. 1069-89 d) RESOLUTION NO. 169-89 d) ORDINANCE NO. 1070-89 12/13/89 Page 21 PUBLIC HEARINGS 22. Public Hearing - Continued. 15.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRICAL CODE, 1987 EDITION, AND TO REPEAL THE NATIONAL ELECTRICAL CODE, 1984 EDITION g) UNIFORM FIRE CODE, 1988 EDITION A RESOLUTION FINDING AND DETER- MINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM FIRE CODE, 1988 EDITION AN ORDINANCE AMENDING CHAPTER 15.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1988 EDITION, AND TO REPEAL THE UNIFORM FIRE CODE, 1985 EDITION '-' 23. Appeal of Planning Commission approval of Use Permit UP-89-859 ~ by James Elmore to allow establish- ment of a mixed use development including residential and office/retail uses at 175-195 Spruce Avenue; John Penna, Applicant. Motion to deny the appeal and uphold the decision of the Planning Commission - Continued Public Hearing from 9/13/89. PUBLIC HEARINGS e) RESOLUTION NO. 170-89 e) ORDINANCE NO. 1071-89 f) RESOLUTION NO. 171-89 f) ORDINANCE NO. 1072-89 g) RESOLUTION NO. 172-89 g) ORDINANCE NO. 1073-89 Carried by majority voice vote, Councilman Nicolopulos voted no. M/S Teglia/Penna - To approve the expan- sion of use of the Appeals Board to hear cases for all technical codes including the Fire Code. Carried by unanimous voice vote. Councilman Penna stepped down from the podium, and did not take part in the Council proceedings on this item because he was the Applicant in the appeal. Director of Planning Smith recited the background information on the appeal, and stated that the fence was now a legally nonconforming structure subject to Municipal Code Section 20.97.040. She stated that the Police and Planning staff had reviewed the matter and concurred that the fence does not pose a hazard or danger to the public; and the City Attorney had opined that in light of the code provisions there was no basis for the appeal. She stated that staff recom- mended that the Council deny the appeal and uphold the decision of the Planning Commission. Councilman Nicolopulos questioned if he had a conflict in that the tenant was his relative. City Attorney Armento stated no, there was not. 12/13/89 Page 22 AGENDA ACTION TAKEN PUBLIC HEARINGS 23. Appeal - Continued. ITEMS FROM COUNCIL PUBLIC HEARINGS Mr. James Elmore related the following: that he was denied the right to appeal the decision of Planning Commission; that the appeal had come before the Council three or four months ago - yet the pro- perty was allowed to be used; if the fence on Baden and Spruce was legal, then he wanted to put his fence back; he pre- sented pictures of three other properties with illegal fences; questioned if the City employed two separate standards; he had been threatened by the City with the removal of his use permit and business license, and as a result had not sued the City. Councilman Nicolopulos suggested that staff either corroborate or refute the allegation represented by the pictures of the three houses. Director of Planning Smith stated that she had measured the fence on Gardner, but the other three fences appeared to be 3' high in the pictures. Mayor Halley stated that the appeal of UP-89-859 was the only thing relevant, and staff could investigate the other illegal fences as a separate issue. Councilmember Teglia stated concern that the new fence on Spruce was on top of the retaining wall that was deteriorating badly, and wanted staff to look at it and make a determination. M/S Teglia/Drago - To deny the appeal and uphold the decision of the Planning Commission. Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilwoman Teglia requested a report on the Parking Place Commission activities on the lot purchased on Cypresss. 12/13/89 Page 23 AGENDA ACTION TAKEN GOOD AND WELFARE CLOSED SESSION 24. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT 25. Request to adjourn the meeting to Thursday, 12/14/89, at 7:30 p.m., in the Westborough Park Building, 2380 Galway Dr., S.S.F., for a joint meeting with the Planning Commission for discussion and review of alternative scenarios for the Westborough/Gellert Specific Plan. GOOD AND WELFARE Mr. Elmore reiterated his concerns on the City's two different sets of standards. CLOSED SESSION Council chose not to hold a Closed Session. ADJOURNMENT M/S Teglia/Penna - To adjourn the meeting to Thursday, 12/14/89, at 7:30 p.m., in the Westborough Park Building, 2380 Galway Dr., S.S.F., for a joint meeting with the Planning Commission for discussion and review of alternative sce- narios for the Westborough/Gellert Specific Plan. Carried by unanimOus voice vote. Time of adjournment was 11:50 p.m. RESPECTFULLY SUBMITTED , Barbara A. Battaya, City C~'rk City of South San Francisco APPROVED.~ ~ Fr~~ Richar H~ffey, Ma City of South San 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. 12/13/89 Page 24