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HomeMy WebLinkAboutMinutes 1979-10-03Mayor Terry J. Mirri Vice Mayor Rona!d G. Acosta Council: William A. Borba Emanuele N. Damonte Roberta Cerri Teglia MINUTES CITY COUNCIL 257 W. Orange Avenue Library Auditorium October 3, 1979 A G E N D A Regular Meeting CALL TO ORDER (TF-O01) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo Requested: - Executive Session at Close of Meeting. - Add as Item 9a Request for Change Order No. 15 for the Wastewater Treatment Plant Facility. - Add as Item 11, Appointments to Airport Traffic Task Force. Councilman Borba Requested: - Item No. 5 be pulled out of the Consent Calendar and Read. 5. A RESOLUTION COMMENDING JIM FREGOSI CONSENT CALENDAR 1. Minutes of the Adjourned Regular Meeting of September 12, 1979. e Staff Report 10/3/79 - recommending adoption of Resolution awarding the 1979-80 Colma Creek Tributaries Dredging Program to Ferma Corp. ACTION TAKEN Regular Meeting 7:35 p.m. Mayor Mirri presiding. Council present: Teglia, Borba, Acosta Damonte and Mayor Mirri. Council absent: None. Recited. AGENDA REVIEW So ordered. So ordered. Mayor Mirri read the Resolution in its entirety. M/S Borba/Damonte - That the Resolution be adopted. RESOLUTION NO. 115-79 Carried by unanimous voice vote. CONSENT CALENDAR Approved. 10/3/79 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR - Continued 2. Staff Report 10/3/79 - Continued e A RESOLUTION OF AWARD OF CONTRACT FOR 1979-80 COLMA CREEK TRIBUTARIES DREDGING PROGRAM - PROJECT NO. SD-79-3 Staff Report 10/3/79 - recommending adoption of Resolution accepting a Grant of Storm Drainage Easement from the South San Francisco Unified School District. e A RESOLUTION ACCEPTING GRANT OF STORM DRAIN EASEMENT FROM THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT (CRESTWOOD CREEK CHANNEL) Staff Report 10f3/79 - recommending adoption of Resolution accepting a Storm Drainage Easement from PG&E situated north of Mitchell Avenue. A RESOLUTION ACCEPTING A STORM DRAINAGE EASEMENT FROM PG&E SITUATED NORTH OF MITCHELL 6. Regular Bills of October 3, 1979. CITY MANAGER e Staff Report 10/3/79 - recommending adoption of Resolution authorizing amendment to the Joint Powers Agree- ment between South San Francisco and the San Mateo County Harbor District. CONSENT CALENDAR - Continued RESOLUTION NO. 116-79 RESOLUTION NO. 117-79 RESOLUTION NO. 118-79 M/S Damonte/Borba - Consent Calendar be approved. Carried by unanimous voice vote. 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 by unanimous voice vote. M/S Acosta/Damonte - To approve deleted bills. Carried by majority voice vote, Councilman Borba did not participate in the vote. CITY MANAGER City Manager Birkelo explained that the Joint Powers Agreement was being amended and proceeded to read excerpts from paragraphs 1 and 3 of the Agreement. 10/3/79 Page 2 AGENDA ACTION T^KEN g59 CITY MANAGER - Continued 7. Staff Report 10/3/79 - Continued A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AMENDING THE JOINT POWERS AGREEMENT BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO - OYSTER POINT MARINA (TF-O069) (TF-106) CITY MANAGER - Continued Councilman Damonte related discussions he had had with the District on repayment of interest. City Manager Birkelo commented that the District had this item on their Agenda this evening with the same modifications for a decision to be reached. Councilman Borba requested an explana- tion of the differences between the original and the amended Agreement. City Manager Birkelo explained the differences. Councilwoman Teglia requested a legal interpretation of "Public Agency" with reference to sales tax revenue. A discussion followed on possible interpretations of "Public Agency" in relation to leasing of lands and that the words in themselves were considered harmless by the City Attorney. Councilman Borba asked if the Harbor District would stop all projects if they were not repaid their money. Vice Mayor Acosta commented that in the original Agreement the Harbor District agreed to complete Phases 1 & 2 not to exceed $700,000 and asked if the District had expended more than the $700,000 thus far. City Manager Birkelo replied that the District authorized $1,200,000 plus another $1,000,000 which brings the total to $7,000,000. Vice Mayor Acosta asked again if they had expended the $700,000. Mr. Keegan, 1244 Crestwood Dr., replied $2,000,000 with another $1,000,000 to go. Councilman Damonte believed $2,000,000 had been expended over the $700,000. 10/3/79 Page 3 CITY MANAGER - Continued 7. Staff Report 10/3/79 - Continued ,_8-//6, (TF-154) CITY MANAGER - Continued Vice Mayor Acosta explained that in the Amended Agreement it states that excess revenues shall be paid and deposited in the Harbor District's Capital Outlay Fund. Any revenues will go first to pay the debt. The document states that the City shall be paid from operating revenues from lands, improve- ments and leaseholds. Councilman Damonte stated that the first obligation is to pay off the DNOD loan. City Manager Birkelo explained that the Project has two general areas, uplands and tidelands. When the uplands generates revenues there will be repayments to the City. Mayor Mirri inquired if and when the debt service is met would the City and the District share in revenues. Councilman Borba made a motion to leave the Joint Powers Agreement as it is. Vice Mayor Acosta seconded the motion for discussion only. Councilwoman Teglia expressed concern as to whether the District could rent space to a public agency which might not be in the best interest of the City. City Manager Birkelo suggested carrying this item forward but indicated that he personally did not see any perils or pitfalls in the Amendment. Councilwoman Teglia suggested delaying Council's discussion on this item until someone called the District's Attorney to clarify some of the issues under question. City Manager Birkelo replied that the District was not near a telephone this evening. 10/3/79 Page 4 AGENDA ACTION TAKEN CITY MANAGER- Continued 7. Staff Report 10/3/79 - Continued (TF-180) (TF-200) CITY MANAGER - Continued Councilman Damonte stated that the District is ready to go for a bid and at the last Advisory Board meeting District Representatives stated there would be no more monies expended until this Agreement was approved. Councilwoman Teglia asked the City Attorney if Paragraph 9 of the Agreement would give the District latitude in substituting a public agency office for a private one which would take away the City's benefit from sales tax. City Attorney Noonan replied that the Joint Powers Agreement states they must development in accordance with a plan. If that plan is ambiguous, then it is conceivable they could substitute buildings on site but they have to build a facility which will produce funds to further that facility. He stated there was not a threat to the City in having a public agency. He indicated that this was a restricted area that is under the control of the State Lands Commission. He stated that he felt that it is a reasonable Agreement. Mayor Mirri said if there are no more questions from Council the discussion is now open to the public. Mr. Jim Keegan said the original Agreement did not distinguish between the $215,000 and the $700,000 as to which was to be paid first. He noted that the Library did not have a copy of the Amended Agreement and as a result he did not have an opportunity to read the Agreement prior to the meeting. He continued speaking of the uplands and the tidelands, berthing of boats and the resultant revenues. He suggested calling the Half Moon Bay meeting room to contact Mr. Ron -McClellan of the Harbor District. 10/3/79 Page 5 AGENDA ACTION TAKEN 262 CITY MANAGER - Continued RECESS: (TF-241) RECALL TO ORDER: FINANCE 8. Public Hearing - Special District Augmentation Fund Distribution. Staff Report 10/3/79 - Special District Augmentation Fund Distribution. (TF-251) Public Hearing Opened: Public Hearing Closed: CITY MANAGER - Continued Mayor Mirri called a recess at 8:22 p.m. Mayor Mirri recalled the meeting to order at 8:37 p.m. with all Council present. Councilman Borba called for the question on the motion and second. The motion failed by majority voice vote, Borba voting aye. M/S Damonte/Acosta - that the Resolution be adopted. RESOLUTION NO. 119-79 Carried by majority voice vote, Borba voting no. FINANCE Finance Director Anderson gave back- groUnd material on how the Fund was derived. He also stated that Council's action must be a Resolution which will be presented at the Adjourned Meeting October 10, 1979 for action. Mayor Mirri opened the hearing and invited anyone to speak - no one spoke. Mayor Mirri closed the hearing and opened the subject up for Council discussion. Councilwoman Teglia expressed that with depletion of the City's reserves there could be a shortage for Common Greens of $100,000. City Manager Birkelo stated there were no contingencies, if the District is not self supporting next year, then the program will have to be modified. Consensus of Council was that this item will be continued. 10/3/79 Page 6 AGENDA ACTION TAKEN PARKS & RECREATION (TF-310) e Staff Report 10/3/79 - recommending adoption of Resolution authorizing Staff to apply for 1979-80 SB174 funding. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM ~--~ PUBLIC SERVICES (TF-340) 9a. Staff Report 10/3/79 - recommending a Motion to authorize the Director of Public Services to execute Change Order No. 15 to DeNarde Construction Co. at the Wastewater Treatment Plant facility. (C-06-1235-120 and C-06-1267-130) ITEMS FROM STAFF 10. Progress report on Goldrich Kest Fairway Apartments. PARKS & RECREATION Director of Park & Recreation Norton explained that SB174 is a 75%/25% matching grant arrangement and that the City's appropriation is $13,629. M/S Acosta/Damonte - That the Resolution be adopted. RESOLUTION NO. 120-79 Carried by unanimous voice vote. PUBLIC SERVICES Director of Public Services Yee explained that the contract called for equipment replacement on the two existing grit chambers. When the equipment was received it would not accommodate the grit the Consultant recommended. Councilman Borba questioned the amount of money the Change Order would cost. Director of Public Services Yee responded not to exceed $31,650 and the City's share will be 12%. M/S Acosta/Teglia - That the Motion be approved. Carried by unanimous voice vote. ITEMS FROM STAFF City Manager Birkelo related that the Developer was not living up to the terms of his grading permit. In addition there were complaints of trucks using residential streets and a lack of dust control. The following day the City suspended the permit. The Developer appealed and a meeting was held the same day during which a program was presented to the Developer. After agreement to comply with the program, the Developer was informed that the Notice of Suspension had been rescinded. The program called for a water truck to be at the site 7 days a week and for the number of trucks in the resi- dential neighborhood to be restricted. 10/3/79 Page 7 AGENDA ACTION TAKEN ITEMS FROM STAFF - Continued 11. Appointments to Airport Traffic Task Force. (TF-410) ITEMS FROM COUNCIL Councilman Borba: Councilman Borba: Councilman Damonte: ITEMS FROM STAFF - Continued City Manager Birkelo related that a AD HOC Task Force was being formed to study airport lane use. The City Manager suggested appointing a Council member and the Director of Community Development. Since Council- woman Teglia is the representative on the Land Use Study she might want to continue. Vice Mayor Acosta nominated Councilwoman Teglia as the Representative and himself as an Alternate. Carried by unanimous voice vote. ITEMS FROM COUNCIL Requested a report form the City Manager on W. Winston Manor SAMTRANS transportation. City Manager Birkelo stated he had had a meeting with SAMTRANS and the company would look for an alternate bus line for the area within 30 days. Requested a scale model of Stonegate Ridge showing the large buildings in relation to the other buildings. Requested a parking study on the new units in Stonegate Ridge. Director of Community Development Dell'Angela commented that there has been some discussion by the Design Review Board. The Board was concerned about the exterior appearance of several buildings. He also noted that there have been some elevation drawings made. City Manager Birkelo asked if a scale model was going to be made. Director of Community Development Dell'Angela replied that the subject needs to be clarified but that accurate elevation drawings could be provided if requested. 10/3/79 Page 8 AGENDA ACTION TAKEN ITEMS FROM COUNCIL- Continued Mayor Mirri: Councilwoman Tegl ia: GOOD AND WELFARE (TF-480) ITEMS FROM COUNCIL - Continued A discussion followed Design Review Board's role in reference to the appearance of the Stonegate Ridge development. Expressed concern that Council's requests for information on items are not being handled promptly. He requested one person be assigned to follow up requests by Council. Asked for clarification on the Brown Act where an elected official is approached by an applicant for a City position. GOOD AND WELFARE Mr. Walt Hoeser, lO19 Hillside Blvd., discussed the severe danger on Hillside Blvd. because of increased traffic going from 4-lanes to 2-lanes at 40 MPH in a 25 MPH zone. Police Chief Datzman said he had two officers looking into the matter to correct the situation. Mr. Hoeser continued, the main problem is the street has outgrown its use to accommodate the traffic. He related that in speaking to the County, they are supposed to have it on their agenda to widen the street. In response to Mayor Mirri's request the City Manager said he would look into the matter with the County. Mr. Jim Keegan related that in October, 1978 the County Director of Public Works stated that Visitation Associates came before the Planning Commission and asked for a variance in the Subdiv- ision Code so that they could build the road in conjunction with the County. The Developer planned to dedicate the land and contribute 50% to the cost of the road and the County was to contribute the other 50%. The Developer was asked whether Visitation Associates would build this road and the answer was affirmative. The Developer came 10/3/79 Page 9 AGENDA ACTION TAKEN 266 GOOD AND WELFARE - Continued (TF-548) Mayor Mirri Leaves the Podium at 9:30 p.m. (TF-549) Mayor Mirri Returns to the Podium. Executive Session (TF-641) RECALL TO ORDER: GOOD AND WELFARE - Continued before this Council in November 1978 and Councilwoman Teglia asked if he was going to build this road and he said no he wouldn't unless there was a project. Councilwoman Teglia thought there was to be a joint project between the City and the County to widen Hillside Blvd. in 1980-81. Mr. James Elmore, 642 Commercial Ave., questioned Vice Mayor Acosta on not responding to his specific questions regarding his property. Vice Mayor Acosta responded that Mr. Elmore had a letter in his hands which was the response. Mayor Mirri leaves the podium. Mr. Elmore continued, that the Vice Mayor did not answer his questions on zoning violations. Copies of the Vice Mayor's letter were handed to Council. Vice Mayor Acosta read his letter to Mr. Elmore into the record. A discussion followed tracing the background of the deviations by Mr. Elmore as noted by the Building Department. Vice Mayor Acosta declared an end to the discussion. Mayor Mirri returns to the podium at 9:42 p.m. Council adjourned to an Executive Session at 9:45 p.m. The Meeting was recalled to order at 11:23 p.m., all Council present, no action having been taken. 10/3/79 Page 10 AGENDA ACTION TAKEN ADJOURNMENT: RESPECTFULLY SUBMITTED, M/S Damonte/Borba that the meeting stand adjourned to Wednesday, October 10, 1979 7:00 p.m. at City Hall. Carried by unanimous voice vote. Time of adjournment 11:25 p.m. APPROVED: Barbara A. Battaya, Ci~Clerk City of South San Francisco Terry J. ~l~i r~i~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 presentati°ns~ 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. 10/3/79 Page 11