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HomeMy WebLinkAboutMinutes 1979-09-19Mayor Terry J. Mirri Vice Mayor Ronald G. Acosta Council: William A. Borba Emanuele N. Damonte Roberta Cerri Teglia M I N U T E S CITY COUNCIL W. Orange Avenue Auditorium September 19, 1979 233 AGENDA Regular Meeting CALL TO ORDER (TF-O01) PLEDGE OF ALLEGIANCE AGENDA REVIEW Add Item 24 to Agenda. Request for Executive Personnel Session at Conclusion of Meeting. Add Item 12a to Agenda. Add Item 12b to Agenda. Councilman Acosta Requested Item l0 Be Removed from the Consent Calendar for Separate Discussion. CONSENT CALENDAR Minutes of the Regular Meeting of August 15, 1979, Minutes of the Adjourned Meeting of August 22, 1979, Minutes of the Adjourned Meeting of August 29, 1979 and Minutes of the Regular Meeting of September 5, 1979. Claim as filed by Furtado, Jaspovice and Simons, Attys. at Law, on behalf of Ted Cooksey, alleging personal injuries sustained as the result of an injury occurring at the South San Francisco Wastewater Treatment Plant. ACTION TAKEN Regular Meeting 7:43 p.m., Mayor Mirri presiding. Council present: Teglia, Borba, Acosta Damonte and Mayor Mi rri. Reci ted. AGENDA REVIEW Status Report on Noise Abatement So ordered. Bethlehem Steel representatives to make comments. Progress Report on Sutter Hill. So ordered renumbered Item lla. CONSENT CALENDAR Approved. Denied and referred to Insurance Carrier and to the office of the City Attorney. 9/19/79 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR - Continued 3. Staff Report 9/19/79 - recommending authorization to repay any and all cash payments of assessments and reinstate any such repayments as unpaid assessments of the Downtown Revitalization Assessment District pending the ultimate disposition of this project. 4. Staff Report 9/19/79 - report of sale of obsolete firm alarm boxes, information only. 5. Staff Report 9/19/79 - recommending an award of bid for the Benthic Identification.~4-~SLj~7 6. Staff Report 9/19/79 - recommending an award of bid for Hydraulic Tools for Tree Trimming. 7. Staff Report 9/19/79 - recommending adoption of Resolution accepting a grant of storm drainage easement from the Pacific Coast Construction Company. A RESOLUTION ACCEPTING A GRANT OF STORM DRAINAGE EASEMENT FROM THE PACIFIC COAST CONSTRUCTION CO. Staff Report 9/19/79 recommending adoption of Resolution approving conveyance to the Westborough County Water District of sanitary sewer sewage and domestic water facilities. ,,o~ mr~ A RESOLUTION APPROVING CONVEYANCE TO THE WESTBOROUGH COUNTY WATER DISTRICT OF SANITARY SEWER SEWAGE AND DOMESTIC WATER FACILITIES Staff Report 9/19/79 recommending adoption of Resolution approving conveyance to Pacific Gas and Electric Company of electric dis- tribution facilities. A RESOLUTION APPROVING CONVEYANCE TO PACIFIC GAS AND ELECTRIC COMPANY OF ELECTRIC DISTRIBUTION FACILITIES CONSENT CALENDAR - Continued Approved. So noted. Approved. Approved. RESOLUTION NO. 107-79 RESOLUTION NO. 108-79 RESOLUTION NO. 109-79 9/]9/79 Page 2 A G E N D A A C T I 0 N T A K E.~I~':}35 CONSENT CALENDAR - Continued 10. Staff Report 9/19/79 - recommending Public Hearing date of November 7, 1979 to consider the proposed Chestnut Avenue Linear Park Concept/ Specific Plan No. 4. ll. Staff Report 9/19/79 - recommending Public Hearing date of November 7, 1979 to consider a proposed ordinance increasing and revising certain park- ing standards. (Negative Declaration No. 241). lla. Staff Report 9/19/79 - recommending Public Hearing date of November 7, 1979 to consider a proposed Chestnut Avenue Linear Park Concept/ Specific Plan No. 4. CONSENT CALENDAR - Continued Pulled out of Consent Calendar for discussion and renumbered lla. So ordered. M/S Acosta/Teglia - Consent Calendar be approved. Unanimously carried by voice vote. Acting City Planner Christians related that the Planning Commission had recom- mended that a linear park concept be considered for future development along the westerly side of Chestnut Avenue. Councilman Acosta expressed concern as to whether Chestnut can be widened with room left to put a park in also. Mayor Mirri stated that the issue before us is whether or not to discuss this subject on November 7th. Councilman Acosta felt this did not warrant a public hearing at this time. Councilman Damonte related that this would be setting the date for the public hearing and at that point the specifics would be discussed and a decision made. Acting City Planner Christians mentioned that this subject was recently discussed in conjunction with a study session in October. M/S Borba/Teglia - Set Public Hearing for November 7, 1979. Carried by majority vote; Acosta voted no. 9/19//9 Page 3 AGENDA ACTION TAKEN 236 APPROVAL OF BILLS 12. Regular Bills of September 19, 1979. 12a. Bethlehem Steel Representatives to Make Comments. 12b. Progress Report on Sutter Hill. APPROVAL OF BILLS Due to conflict of interest, Councilman Borba recited the list of bills he wished to be deleted. M/S Borba/Damonte - To approve bills not deleted. Carried unanimously by voice vote. M/S Acosta/Damonte - To approve deleted bills, Carried by majority voice vote, Councilman Borba did not participate in the vote. Mr. Wavrek, Bethlehem Corporation, related that his firm had entered negotiations with Allstate Insurance Co. for the sale of approximately 100 acres of land in South San Francisco. Allstate favors the Redevelopment Agency and intends to work with the City in the plan for redevelopment. Mr. Havercalf, Allstate Insurance Co., related there was a meeting set up with the City Manager to familiarize the Company with the needs of the City. Acting City Planner Christians related that Ken Myers had reviewed the plans for the location of the trees. Councilwoman Teglia asked if all the trees that were circled to be removed had been removed. Acting City Planner Christians replied all but a small pine tree. Also, a grove of nine trees would be left as a buffer. Mr. Robinson was concerned about a substantial fence not being built and the potential seismic conditions. 9/19/79 Page 4 12b. Progress Report - Continued CITY MANAGER (TF-242) 13. Staff Report 9/19/79 - reconmending first reading and adoption of Urgency Ordinance - prohibiting condominium conversions for a four (4) month period. 1st Reading/Adoption AN ORDINANCE PROHIBITING CONVERSION OF MULTIPLE RESIDENTIAL USE STRUCTURES PENDING COMPLETION OF ZONING PROPOSAL STUDIES THEREFOR Mr. Walter Lacey expressed concern about the lack of water wagons and the damage to tree roots. Councilwoman Teglia requested a full time inspector on the site. Councilman Borba suggested back charging the contractor. M/S Borba/Teglia - for a full time inspector on the site. Motion failed, Borba and Teglia voting aye, Mirri, Acosta and Damonte voting no. CITY MANAGER Acting City Planner Christians explained that the adoption of this ordinance would allow time to formulate new legislation and policies affecting condominium conversions. Councilwoman Teglia questioned the four month time period rather than a three month moratorium. Councilman Acosta stated concern for the three appeals to be heard on October 17, 1979, that they would not be heard on their own merit. City Attorney Noonan suggested drafting an exception to the Urgency Ordinance for those cases under appeal. Mayor Mirri requested the City Attorney to redraft the Urgency Ordinance show- ing exception of those appeals before Council. City Attorney Noonan stated he would change Section 3 of the Urgency Ordinance to read, "except those con- versions for which appeals are pending before the City Council as of Sept. 19, 1979." M/S Borba/Damonte - that the reading of the Ordinance in its entirety be waived. 9/19/79 Page 5 AGENDA A C T 1' 0 N TA K E N 228 CITY MANAGER - Continued 13. Staff Report 9/19/79 - Continued Mayor Mirri Introduced the Newly Appointed Director of Community Development Mr. Louis Dell'Angela RECESS: (TF-347) RECALL TO ORDER: 14. Staff Report 9/19/79 - recommending first reading and adoption of an eight month extension of Interim Ordinance No. 792-79. 1st Reading/Adoption AN ORDINANCE EXTENDING ORDINANCE NO. 792-79 ENTITLED, "AN INTERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS." CITY MANAGER - Continued Carried unanimously by voice vote. M/S Borba/Acosta - that the Ordinance as amended be introduced and passed as an Urgency Ordinance to be effective immediately as an Urgency Ordinance as authorized by Government Code. ORDINANCE NO. 800-79 Carried by majority voice vote, Council- woman Teglia voted no. Mayor Mirri declared a recess at 8:45 p.m. The meeting was recalled to order by Mayor Mirri at 9:10 p.m., all Council present. City Manager Birkelo explained that this Ordinance can be repealed at any time and that Council felt Staff had proceeded far enough in zoning proposals in the General Plan. Acting City Planner Christians said Staff was awaiting completion of the Master Sewer Plan and the two documents of land use. M/S Acosta/Teglia - that the reading of the Ordinance in its entirety be waived. Carried unanimously by voice vote. M/S Acosta/Damonte - that the Ordinance be introduced and passed as an Urgency Ordinance to be effective immediately as an Urgency Ordinance as authorized by Government Code. ORDINANCE NO. 801-79 Carried unanimously by voice vote. 9/19/79 Page 6 AGENDA ACTION TAKEN 229 CITY MANAGER - Continued 15. Staff Report 9/19/79 - recommending adoption of Ordinance which amends Ordinance #449, Section 6, by adding and deleting classifications. 16. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 6, OF ORDINANCE NO. 449, ADOPTED MARCH 21, 1960, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREAT- ING AND REESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES." Staff Report 9/19/79 - recommending adoption of the Resolution supporting the continuation of the Southern Pacific Commuter Service on the Peninsula. A RESOLUTION SUPPORTING THE CONTIN- UATION OF THE SOUTHERN PACIFIC COMMUTER SERVICE ON THE PENINSULA 17. Public Hearing - UP-79-495 (TF-435) Staff Report 9/19/79 recommending Council uphold the decision of the Planning Commission in denying UP-79-495 a Use Permit of Kanaan Jajeh to establish off-sale beer and wine sales at 391 Grand Avenue. CITY MANAGER - Continued Councilman Borba commented that there were job titles included for Marina people that should be deleted. M/S Teglia/Damonte - that the reading of the Ordinance in its entirety be waived and that the Ordinance be passed and adopted by reading title only. Carried unanimously by voice vote. M/S Teglia/Borba - that the Ordinance be passed and adopted. ORDINANCE NO. 802-79 Carried unanimously by voice vote. City Manager Birkelo stated there will be a meeting in Burlingame next Thursday with representation from various City Councils supporting continuation of the Southern Pacific Commuter Service on the Peninsula. M/S Teglia/Borba - that the Resolution be introduced. RESOLUTION NO. 110-79 Carried unanimously by voice vote. Acting City Planner Christians read excerpts from the Planning Commission's report of their findings in this appeal. M/S Damonte/Teglia - that the Planning Commission's report be incorporated into the record of this Hearing. Carried unanimously by voice vote. Officer Metcalf, Senior Traffic Officer, presented a report of the accidents that occurred in the surrounding inter- section at Maple and Grand Avenue cover- ing a five year period. 9/19/79 Page 7 AGENDA ACTION TAKEN CITY MANAGER- Continued 17. Public Hearing - Continued CITY MANAGER - Continued Officer Moran, Police Dept., presented a report of arrests covering a five year period that were alcohol related occurring in the 100 to 400 blocks of Grand Avenue. Mr. Lynch, Acting Chief Building Inspector, related that the floor plan submitted on Sept. 6, 1979 showed non- conformance to the requirements of the 1976 Uniform Building Code with refer- ence to required number of exits. Mayor Mirri declared the Hearing open. Nick Elchinoff, Esq., 1486 Huntington, spoke in support of granting Mr. Jajeh the Use Permit. Minor changes in remodeling could rectify existing non- conformance of the Building Code. A drugstore with a lunch counter would not be altered by the issuance of an off-sale beer and wine license nor would it increase the "Police problem." Mr. Kanaan Jajeh spoke on his own behalf. Councilwoman Teglia queried Mr. Jajeh on relocation of the prescription counter if this would allow public access to the drug storeroom. A discussion followed on other businesses on Grand Avenue applying for off-sale licenses in the past and Council's refusal of their issuance. Councilman Damonte expressed concern that the changed use, the selling of beer and wine, at the drugstore would not be appreciated by the citizenry. Councilman Acosta related that Piwald's did not have a beer and wine license and their business did not suffer. 9/19/79 Page 8 A G E N D A ACI!ON IAKEN 241 CITY MANAGER - Continued 17. Public Hearing - Continued RECESS: (TF-769) RECALL TO ORDER: FINANCE 18. Staff Report 9/19/79 - recommending adoption of a Resolution adopting a Preliminary Operating Budget and Revenue Sharing Budget for 1979-80 pending composition in final form. A RESOLUTION ESTABLISHING PRELIMIN- ARY OPERATING BUDGET AND REVENUE SHARING BUDGET FOR 1979-80 PENDING COMPOSITION IN FINAL FORM PARKS & RECREATION 19. Staff Report 9/19/79 - recommendation by Parks & Recreation Commission to take over the building at 291 Hillside Boulevard. CITY MANAGER - Continued Councilman Acosta said there would be many additional deliveries which would further compound the street congestion. Councilman Borba stated that the ratio for liquor establishments exceeds the population requirements for liquor licenses. Consensus of Council - it creates an unhealthy climate, this business should stay as a drugstore. M/S Borba/Teglia - to uphold the decision of the Planning Commission and deny a Use Permit. Carried unanimously by voice vote. Mayor Mirri declared a recess at 10:25 p.m. The meeting was recalled to order by Mayor Mirri at 10:40 p.m., all Council present. FINANCE Finance Director Anderson related that within the operating budget under Non- Departmental the Staff has included and proposes that Council approve $100,000 which would provide the initial cost of lease/purchase agreements to provide furnishings and communications equipment for the Municipal Services Building Project. M/S Damonte/Teglia - that the Resolution be introduced. RESOLUTION NO. 111-79 Carried by unanimous voice vote. PARKS & RECREATION City Manager Birkelo explained that this matter did not require action at this time, but would be discussed later in a Study Session. 9/19/79 Page 9 AGENDA ACTION TAKEN .PARKS& RECREATION - Continued 19. Staff Report 9/19/79 - Continued PUBLIC SERVICES (TF-1027) 20. Staff Report 9-19/79 - recommending 1) adoption of a Resolution of intention to vacate a portion of Kimball Way and set October 17, 1979 as the date of Public Hearing to consider the abandonment. PARKS & RECREATION - Continued Councilman Damonte suggested giving the Neighborhood Services Center notice on June 30, 1980 to give them time to complete their work and find other quarters. Director of Parks & Recreation Norton explained that by taking over the building, Parks & Recreation could then expand their programs without paying rent to someone else. The programs at 409 Grand Avenue could be transferred to Hillside as the floors are good for dance classes. Councilman Borba expressed concern in the City taking over the Hillside Bldg. because of the vandalism the City experienced in the past before the Neighborhood Services people occupied the building. Director of Parks & Recreation Norton related that the makeup of the community has changed with a lot of people raising young children which could result in less vandalism. Councilman Borba recommended setting a Study Session and getting a survey of how many people will use the Center. A conversation followed on the cost of restoration because of dry rot that must be corrected. Councilwoman Teglia requested a copy of a report made some seven years ago on the neighborhood in question for information for the Hearing. No action was taken by Council. PUBLIC SERVICES Director of Public Services Yee said the City had received a request from Mr. A. R. Mason, Vice-President of the Northwest Equity Corp., the adjacent property owner, to abandon a portion of the Kimball Way cul-de-sac "bulb." 9/19/79 Page 10 AGENDA ACTION TAKEN 242 PUBLIC SERVICES - Continued 20. Staff Report 9/19/79 - Continued 2) Authorize the Engineering Div. to issue an Encroachment Permit to the Northwest Equity Corp. for installation and maintenance of landscaping and irrigation. A RESOLUTION OF INTENTION TO VACATE A PORTION OF KIMBALL WAY (TF-1066) 21. 22. Staff Report 9/19/79 - recommending adoption of a Resolution authorizing the executive of Program of Local Agency Federal Aid Safety Improvement Projects Program, Supplement No. 03 to Local Agency Agreement No. 04-5177. A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. 03 TO LOCAL AGENCY STATE AGREEMENT NO. 04-5177 (FEDERAL AID SAFETY IMPROVEMENT PROJECT) Staff Report 9/19/79 - recommending adoption of a Resolution awarding the Crestwood Creek Channel Improve- ments, Project No. SD-79-2, to Hood Corp., of Whittier, Ca. as the lowest bid. PUBLIC SERVICES - Continued The right-of-way was dedicated by the original developer for a cul-de-sac. Since the cul,de-sac was not installed, the right-of-way is no longer needed. M/S Teglia/Borba - adopt the Resolution and set October 17, 1979 for a Public Hearing to consider the abandonment. RESOLUTION NO. 112-79 Carried by unanimous voice vote. Mr. Mason asked that this be kept "on line" so he can start construction before the rains in order to keep costs down. M/S Teglia/Borba - to authorize the Engineering Div. to issue an Encroach- ment Permit to the Northwest Equity Corp. for installation and maintenance of landscaping and irrigation. Carried by unanimous voice vote. Director of Public Services Yee said the State had made available $98,000 in Federal Aid funds for the purpose of installing and maintaining raised reflective and non-reflective pavement markers on City streets at no cost to the City. M/S Acosta/Borba - that the Resolution be introduced. RESOLUTION NO. 113-79 Carried by unanimous voice vote. Director of Public Services Yee reported that as a result of the bids received on September 12, 1979 the low bidder was Hood Corporation with a bid of $119,417. 9/19/79 Page 11 A G E N D A A C T I O N T A_,KE_,N_ 2~4 PUBLIC SERVICES - Continued 22. Staff Report 9/19/79 - continued A RESOLUTION OF AWARD OF CONTRACT FOR CRESTWOOD CREEK CHANNEL IMPROVE- MENTS PROJECT SD-79-2 ITEm FROM STAFF (IF-1125) 23. Report regarding Hillside/Colma development. 24. Status Report on Noise Abatement. ITEMS FROM COUNCIL Councilman Borba: Mayor Mirri: Councilman Acosta: GOOD AND WELFARE (TF-1289) PUBLIC SERVICES - Continued M/S Teglia/Damonte - that the Resolution be introduced. RESOLUTION NO. 114-79 Carried by unanimous voice vote. ITEMS FROM STAFF City Manager Birkelo said the County had indicated that they had not granted permits for septic tanks on the develop- ment. Other information had been received but had not been analyzed. City Manager Birkelo related that he had contacted Mr. Garbell, President of M.A.G. Consultants, and he was available to meet with Council on September 26, 1979 between 6:00-7:30 p.m. Councilwoman Teglia said she had heard good reconlnendations on his work. Councilman Acosta questioned his fees and would like further information before work is started. Council suggested preliminary contacts be made by Staff and Council be called in later if a decision is required. ITEMS FROM COUNCIL Has received complaints of people parking their cars in different neighborhoods and the residents can not park in front of their homes. Questioned if new homes required installation of electric garage openers. Wants a report on arterial stop signs on Chestnut and Sunshine Avenues. GOOD AND WELFARE Ms. Helen Hoops, 825 West Orange, questioned City Use Permits that were not complied with by contractors and was concerned over heavy trucks in the neighborhood early in the morning. 9/19/79 Page 12 AGENDA ACTION TAKEN 245 GOOD AND WELFARE - Continued GOOD AND WELFARE - Continued Councilman Acosta questioned if there were weight controls on the City streets in question. Chief Datzman replied that he would investigate and report back. (TF-1323) Ms. Carol Davis, 849 W. Orange, said contractors have driven over private property in heavy trucks and broke some water pipes and dumped mounds of earth on private property. City Attorney Noonan commented that if the residents lease the water rights from the Water Dept., it probably says in the lease, "will hold the Water Co. harmless to repair..." Therefore the residents must keep the trucks off the street to ensure there will be no damage to the water pipes. (TF-1395) A discussion followed on the Goldrich Kest site, the felling of trees and work stoppage. Executive Session (TF-1399) RECALL TO ORDER Council adjourned to an Executive Session to discuss a personnel matter at 11:55 p.m. The Meeting was recalled to o~der at l:O0 a.m., all Council present. No action taken. ADJOURNMENT: M/S Damonte/Teglia that the meeting be adjourned, the time was 1:04 a.m. Carried unanimously by voice vote. RESPECTFULLY SUBMITTED, l~rbara A. Battaya, City ~Ylerk City of South San Francisco APPROVED: Terry J. ~/irrO), Mayor City of South--San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral presentations, 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 available for inspection, review and copying. 9/19/79 Page 13