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HomeMy WebLinkAboutMinutes 1990-05-09Chairman Richard A. Haffey Boardmembers: Jack Drago Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES Park Recreation and Parkway District Municipal Services Building Community Room May 9, 1990 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the Park Recreation & Parkway District of the City of South San Francisco will hold a Special Meeting on Wednesday, the 9th day of May, 1990, at 6:45 p.m. in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Approval of the Minutes of the Special Meeting of 12/13/89 2. Resolution authorizing agreement concerning easement Oyster Point Business Park. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT CONCERNING EASEMENT (OYSTER POINT BUSINESS PARK) 3. Adjournment. Barbara A. Battaya, Clerk, · ~, _C1 erk,_// South San Francisco Park Recreation and Parkway District Dated: May 3, 1990 CALL TO ORDER: ROLL CALL: (Cassette No. 1) 1. Approval of the Minutes of the Special Meeting of 12/13/89. e Resolution authorizing agreement concerning easement Oyster Point Park. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT CONCERNING EASEMENT (OYSTER POINT BUSINESS PARK)~ ~--)~'~ 6:47 p.m. Chairman Haffey presiding. South San Francisco Park Recreation and Parkway District Boardmembers present: Dra9o, Nicolopulos, Penna, Teglia and Haffey. South San Francisco Park Recreation and Parkway District Boardmembers absent: None M/S Teglia/Penna - To approve the Minutes of 12/13/89. Carried by unanimous voice vote, City Attorney Armento stated that this item would also be before the City Council on the Consent Calendar, and was a request by the Developer prompted by conditions that were posed by BCDC in regards to access pedestrian easement across the pathway that goes around that 5/9/90 Page I A G E N D A A C T I O N T A K E N ~.l ~,,~ 2. Resolution - Continued. portion of the Bay. She stated that at one point in time the lot had been filled in and had been an old tide lot that the City owns which had been developed as a pathway, and BCDC requires that there be a public easement in perpetuity. She presented the argument that since it is public property, there automatically is public access in perpetuity, but they don't particularly feel comfortable with that and want us to grant an easement to the Developer so the Developer in turn can grant the easement to the public. Chairman Haffey stated that he knew the area well because he had been a lifeguard there, and the area was dangerous. He questioned if there would be additional public improvements put in place for the access to protect the City from liabil- ity. Boardmember Nicolopulos questioned if this was the same property that had been closed off by Diodati, wherein it had been open to the beach property. City Manager Armas stated that he did not know the answer. M/S Drago/Nicolopulos - To adopt the Resolution. RESOLUTION NO. RPD 11-90 Carried by unanimous voice vote. M/S Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 6:55 p.m. RESPECTFULLY SUBMITTED, City of South San Francisco Park Recreation and Parkway District APPROy~D/~ / , y ~ City of South San ~isco Park Recreation an~/arkway District 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. 5/9/90 Page 2 Mayor Richard A. Haffey Council: Jack Drago Gus Nicolopulos John R. Penna ,--Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: INVOCATION: PLEDGE OF ALLEGIANCE PRESENTATIONS Proclamation - National Historic Preservation Week May 13-19, 1990 Proclamation - May 1990 - Water Awareness Month AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room May 9, 1990 ACTION TAKEN 7:34 p.m. Mayor Haffey presiding. Council present: Council absent: Nicolopulos, Penna, Teglia, Drago and Haffey. None. Reverend Bowdish, St. Elizabeth's Church, gave the invocation. The pledge was recited. PRESENTATIONS Councilman Penna read the Proclamation aloud and presented it to Historic Preservation Commission Chairman Arndt. Councilwoman Teglia read the Proclamation aloud and presented it to California Water Co. Office Manager Marie Yoschak, and commented that the public would soon be asked to cut water consump- tion by 25%. AGENDA REVIEW City Manager Armas stated that he did not have any modifications to the Agenda. Mayor Haffey stated that he had received a copy of a memo to the City Clerk from the City Attorney, and the City Clerk had mentioned to him a delay in getting titles, and the memo indicates that under Item 11 there are four resolutions rather than 2 and announced the titles. ORAL COMMUNICATIONS Mr. Philip Bernheim, 3606 Bassett Court, questioned why he had received a notice of tonight's public hearing on the assessment districts when he did not see it listed on the Agenda. City Clerk Battaya stated that Mr. 5/9/90 Page I ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 0 Approval of the Minutes of the Adjourned Regular Meeting of 4/18/90; Special Meeting of 4/25/90, and the Regular Meeting of 4/25/90. Motion to confirm expense claims of~a~~ 5/09/90. Motion to waive fees for S.S.F. ~ High School Project SOAR event at ~ the Municipal Services Building Atrium on 5/17/90. 4. Motion to waive fees for 1990 Chamber of Commerce Gourmet Deli Event at the Municipal Services Building Social Hall on 9/11/90. 5. Resolution authorizing the adver- tisement and call for bids for the ORAL COMMUNICATIONS Bernheim's address did not appear on any of the three assessment lists, and that was what he was questioning. Mayor Haffey stated that staff would clarify the issue for Mr. Bernheim. COMMUNITY FORUM Councilwoman Teglia spoke in detail of a flyer to parents from the San Mateo School District on drugs sold to children: that so-called tattoos were laced with acid and LSD; that the labels were decorated with Disney characters and laced with drugs and strychnine; related symptoms and that the police should be called, and the child taken to a hospi- tal. Councilman Penna stated that he had attended an Airport Round Table meeting and announced that as of 5/2/90 U.S. Air fleet of airplanes has been converted to quieter airplanes. CONSENT CALENDAR Approved. Confirmed in the amount of $1,262,720.26 So ordered. Removed from the Consent Calendar for discussion by Councilwoman Teglia. 5/9/90 Page 2 AGENDA ACTION TAKEN '--CONSENT CALENDAR 5. Resolution - Continued. leisure activities brochure. A RESOLUTION APPROVING SPECIFI- CATIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR LEISURE ACTIVITIES BROCHURES e Resolution authorizing execution of~Q~ an amendment to agreement with Tillo Products Co. for sewage sludge disposal services. A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT i TO THE AGREEMENT FOR SEWAGE TREATMENT PLANT SLUDGE REMOVAL Resolutions: 1) Agreement for ~o~o maintenance of State Highways in the City of S.S.F.; and 2) Agreement to issue routine encroachment permits on Conventional Highways. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO ISSUE ROUTINE ENCROACHMENT PERMITS ON CONVENTIONAL HIGHWAYS Resolution approving agreement between City and the S.S.F. Police Association, Unit C, for 1/1/90 through 12/31/92; and Resolution approving amendment to the Operating Budget FY 1989-1990. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE ASSOCIATION, UNIT C, FOR THE PERIOD JANUARY 1, 1990 THROUGH DECEMBER CONSENT CALENDAR RESOLUTION NO. 44-90 RESOLUTION NO. 45-90 RESOLUTION NO. 46-90 RESOLUTION NO. 47-90 Removed from the Consent Calendar for discussion by Councilman Nicolopulos. 5/9/90 Page 3 AGENDA ACTION TAKEN ' CONSENT CALENDAR 8. Resolutions - Continued. 31, 1992 A RESOLUTION APPROVING BUDGET AMENDMENT 89-18 TO THE 1989-1990 OPERATING BUDGET authorizing an agreement Resolution concerning easement Oyster Point Business Park. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT CONCERNING EASEMENT (OYSTER POINT BUSINESS PARK) 10. Resolution authorizing execution of agreement with Fehr & Peers Assoc. for traffic consultant services; Resolution approving amendment to the Operating Budget FY 1989-1990. A RESOLUTION AUTHORIZING EXECUTION OF TRAFFIC, PARKING & CIRCULATION STUDY CONSULTANT SERVICES AGREEMENT (CONFERENCE CENTER) A RESOLUTION APPROVING BUDGET AMENDMENT 89-19 TO THE 1989-1990 OPERATING BUDGET 11. Resolutions authorizing execution of various service agreements for the Shearwater Assessment District: Carneghi-Bautovich & Partner, Inc. for appraisal services; Wilsey & Hamm for engineering services; and Jones Hall Hill & White for bond counsel services. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR APPRAISAL, SERVICES FOR THE SHEARWATER ASSESSMENT DISTRICT A RESOLUTION APPOINTING ENGINEER OF WORK FOR THE SHEARWATER ASSESSMENT DISTRICT CONSENT CALENDAR RESOLUTION NO. 48-90 RESOLUTION NO. 49-90 RESOLUTION NO. 50-90 Councilman Penna abstained on the four resolutions on this item. RESOLUTION NO. 51-90 RESOLUTION NO. 52-90 5/9/90 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 11. Resolutions - Continued. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR ENGINEERING SERVICES FOR THE SHEARWATER ASSESSMENT DISTRICT A RESOLUTION AUTHORIZING EXECUTION ~1¢) OF AN AGREEMENT FOR BOND COUNSEL SERVICES WITH JONES HALL HILL & WHITE FOR THE SHEARWATER ASSESSMENT DISTRICT e Motion to waive fees for 1990 Chamber of Commerce Gourmet Deli Event at the Municipal Services Building Social Hall on 9/11/90. CONSENT CALENDAR RESOLUTION NO. 53-90 RESOLUTION NO. 54-90 M/S Teglia/Drago - To approve the Consent Calendar with the exception of Items No. 4 and 8, and Councilman Penna abstained on Item No. 11 because he stated that he had a conflict of interest. Carried by unanimous voice vote with the exception of Item 11 which was carried by majority voice vote, Councilman Penna abstained. Councilwoman Teglia stated that she did not like the word "local restaurants" used, and felt it should state S.S.F. if the City was to waive the fee. M/S Teglia/Drago - To waive the fee for the use of the Municipal Services Building for the Gourmet Deli event spon- sored by the Chamber of Commerce with the condition that the participants be S.S.F. food and hotel, and specialty food establishments. Councilman Penna questioned if he had a conflict of interest on this item because the Chamber was his tenant. City Attorney Armento stated she did not believe so, but the Councilmember always had the option to abstain. Councilman Penna stated that he would abstain. Councilman Nicolopulos stated that 5/9/90 Page 5 AGENDA ACTION TAKEN e Motion - Continued. Resolution approving agreementD ~o between City and the S.S.F. Police Association, Unit C, for 1/1/90 through 12/31/92; and Resolution approving amendment to the Operating Budget FY 1989-1990. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE ASSOCIATION, UNIT C, FOR THE PERIOD JANUARY 1, 1990 THROUGH DECEMBER 31, 1992 A RESOLUTION APPROVING BUDGET ~x°°° AMENDMENT 89-18 TO THE 1989-1990 OPERATING BUDGET arrangements and advertising had been completed by the Chamber for a long time, and was concerned on whether Council- woman Teglia's condition would cause a problem. Councilwoman Teglia stated that the event was not until September and this was only May, and if the City was going to give away those facilities free that were paid for by the community, then it should be for S.S.F. businesses. Carried by majority roll call vote, Councilman Penna abstained. Councilman Nicolopulos stated that he would agree to vote on this packet agreement between the City of S.S.F. and the S.S.F. Police Officers Assn. only if the Council agreed to the following stip- ulation: For this agreement and all future labor negotiations, that the City Council direct the City Manager to pre- pare a similar compensation document as the one shown as Exhibit A (the exhibit is attached and a permanent~part of the record of this meeting) showing the spe- cific monetary cost breakdown from salary steps; the document must be presented in the same identical format showing each monetary cost for each employee classifi- cation involved in tonight and all and any future labor negotiations. Mayor Haffey requested comments from staff in regards to good faith bargaining and whether anything was being added here or jeopardized, or should the Council agree to his request. City Manager Armas stated that as he understood the request it was to convey to the parties at the negotiating table in an exhibit format the full value of wages and benefits incurred by the City for the positions that those members of the negotiating team are representing. He stated that would not impair or impede the negotiating process. He stated that the question before the Council was whether in the Council's judgment that was an appropriate use of staff's time in 5/9/90 Page 6 00000000 AGENDA ACTION TAKEN Resolutions - Continued. terms of the other priorities, and if it is so indicated it would be accomplished in subsequent sessions, etc. Councilwoman Teglia stated that this was nothing new - the Council had always had the ability and the authority to ask for that when it was pertinent to the par- ticular negotiations. Vice Mayor Drago stated that he would abstain on this issue simply because the San Bruno Police Dept. uses S.S.F. Police Dept. as a standard basis for their wages, and since his son is President of the San Bruno Police Officers Assn. it might appear as a conflict of interest. M/S Teglia/Penna - To adopt the two resolutions for the MOU. Councilman Nicolopulos stated that he still had his stipulation, and wanted clarification and an answer from the Council. Councilwoman Teglia stated that she didn't include that in her Motion, because there wasn't a Council that existed or a Council that will exist that cannot ask for that at any time. Councilman Nicolopulos stated that he had made a stipulation and would only vote for this package on that stipula- tion, and if he was not accorded that - he would not vote for this contract. Councilman Penna stated that if Councilman Nicolopulos wanted to make an amendment to that Motion as the Seconder, he would be happy to go along with that. Mayor Haffey stated that if the maker of the Motion and the Seconder of the Motion accept the amendment, then the amendment can be made. He questioned if the maker of the Motion would also accept the amendment. Councilwoman Teglia stated that she 5/9/90 Page 7 AGENDA ACTION TAKEN 8. Resolutions - Continued. would not accept the amendment. Councilman Nicolopulos stated that he wanted it emphatically on the record that his vote depended on that, and wanted the City Clerk to put it in the record ver- batim and no other reproduction of it. Motion and Second failed, Councilmen Penna and Nicolopulos voted no, and Vice Mayor Drago abstained. Councilman Nicolopulos requested clari- fication on the Vice Mayor's abstention, because he also had a son with the San Bruno Police Dept. and if he was affected did not want to do anything illegal. City Attorney Armento stated that there was no legal reason for either Councilmember Nicolopulos for Vice Mayor Drago to abstain from this vote. Mayor Haffey stated that it was his fer- vent desire to see this resolution passed so that we do act in good faith with our Police Dept. because this has been a long and lengthy negotiation process. M/S Nicolopulos/Penna - To adopt the two resolutions with the stipulation: for this agreement and all future labor negotiations the City Council direct the City Manager to prepare a similar compen- sation document as the one shown as Exhibit A showing the specific monetary cost breakdown from salary steps; the document must be presented in the same identical format showing each monetary cost for each employee classification involved in tonight and all and any future labor negotiations. RESOLUTION NO. 55-90 RESOLUTION NO. 56-90 Carried by majority roll call vote, Councilwoman Teglia voted no, and Vice Mayor Drago abstained. 5/9/90 Page 8 AGENDA ACTION TAKEN -- 8. Resolutions - Continued. ADMINISTRATIVE BUSINESS 12. Motion to adopt Statement of Organizational Principles. Councilwoman Teglia stated that she fully supported the entire MOU, but disliked the additional condition at the last minute which had absolutely nothing to do with this particular MOU. ADMINISTRATIVE BUSINESS City Manager Armas stated that this was a document that had been drafted in an effort to articulate in written form those values and principles that he believed were important in S.S.F. both as a community and as an organization. He stated that they had been developed as a way of making clear to all members of the organization, employees particularly that were felt to be important objectives that the City was going to strive and seek to accomplish as we deliver our services to residents, etc. Mayor Haffey stated that Council had an opportunity to review this on a number of occasions, and had input on the modifica- tions of these particular principles. Councilwoman Teglia stated that she did not care for the words "risk taking" in section 3, and felt that it was an excellent document otherwise. Vice Mayor Drago questioned the need to vote on something like this, and wondered if any of these statements conflicted with Council's present practices and principles. He stated that it looked like apple pie, and wondered why it should be voted on. Mayor Haffey felt it was important to memorialize these kinds of things, to have them incorporated into City records, and as of May 1990 - those are the prin- ciples of this organization. M/S Teglia/Nicolopulos - To adopt the Statement of Organizational Principles. Councilmember Penna asked if it was possible to have this read into the minu- 5/9/90 Page 9 AGENDA ACTION TAKEN ' ADMINISTRATIVE BUSINESS 12. Motion - Continued. PUBLIC HEARINGS 13. Hearing - Imposition of Lien on ~ nuisance abatement by City at 719 Linden Avenue; Resolution confirm- ing statement of costs. A RESOLUTION CONFIRMING THE STATE- MENT OF COSTS FOR A NUISANCE ABATEMENT AT 719 LINDEN AVENUE A RESOLUTION WAIVING THE STATEMENT OF COSTS FOR A NUISANCE ABATEMENT ~' AT 719 LINDEN AVENUE ADMINISTRATIVE BUSINESS tes because of the work that went into the document. Mayor Haffey requested the City Clerk to incorporate the Statement of Organizational Principles into City records (a copy is attached and a per- manent part of the record of this meeting). Carried by unanimous voice vote. PUBLIC HEARINGS Acting Director of Finance Margolis stated that the Applicant did not speak english, but a translator was available this evening for the hearing. Mr. Bernard Mercado, 621 Maple Ave., spoke in spanish to ask Mr. Gomez to come to the podium, however no one responded. Acting Director of Finance Margolis stated that this hearing was the result of an abatement proceeding at 719 Linden Ave., and the specific request for the Council tonight was to confirm the statement of cost that resulted from this abatement; and direct the City Clerk to file the abatement as a lien against the property at 719 Linden Ave. She proceeded to give background infor- mation on the abatement. Mayor Haffey stated that this was a hearing for an abatement proceeding, and questioned if Mr. Gomez had received a notice of the meeting, and if there was confirmation that he would attend. Acting Director of Finance Margolis stated that the clerk sent a notice, but confirmation was not received. City Manager Armas stated that he had spoken to Mr. Gomez a week or two ago in spanish, and at that point had indicated he would attend by himself or have a 5/9/90 Page 10 Statement of Organizational Principles The government of the City of South San Francisco exists by public approval, and our function is to serve the public interest. In doing so, we are guided by these principles: South San Franciscans feel proud of their City, its history, their diverse heritages, and their sense of community and achievement. They want to have a say in what happens in the City, and we need to be responsive to and respectful of that desire. We are committed to a positive customer-service orientation by providing the citizens of the City high quality public services and quality of life through careful management of resources, today and in the future. Our employees are valued and should be provided an environment in which to work which promotes risk-taking, individual growth, mutual cooperation, and recognition of excellence. The diversity of opinion in the community and the work place should be respected, recognizing that debate and the full exploration of alternatives leads to innovation and better ideas and decisions. We are directly accountable to those we serve and willingly accept the responsibility of carefully managing our financial resources. We must consistently evaluate the cost effectiveness of city services and use the best of new methodologies, technologies, and ideas as we deliver services to our citizens. e As members of this organization, we willingly recognize and accept the need for maintaining the highest standards of ethics and performance. We have a responsibility to be mindful of the future while attending to the needs of today and to consider the longer- term perspective in the decision-making process. This community exists in the context of a region and will be affected by decisions made by others, which requires our involvement in, and participation with, organizations that are external to the City. 5/9/90 Page lOa AGENDA PUBLIC HEARINGS 13. Hearing - Continued. ACTION TAKEN PUBLIC HEARINGS relative accompany him. Discussion followed: that Mr. Gomez had not attended the nuisance hearing after having received notice by certified mail with returned receipt in english and spa- nish; code enforcement had worked with Mr. Gomez for at least six months prior to the time of the hearing to try to get him to renovate the garage on his own before undertaking the abatement pro- ceedings; Mr. Gomez's daughter had inquired about a building permit to reno- vate it, and was given instructions about what was involved -- and did not return; as the nuisance abatement is so structured that the City could only impose the inspection charges if the City undertakes the abatement and could not charge for our inspection if the people do it themselves; if the City could charge for the work it could also charge for the labor; that the six hours of labor were only for developing the contract for the demolition; that a simi- lar process was done six months ago on Airport Blvd.; concern over how staff communicated with Mr. Gomez; that there were older children in the family who spoke english, and the Code Enforcement Officer had spoken with them; Councilman Nicolopulos wanted to remove the labor cost; who had signed for the certified notices; that perhaps Mr. Gomez had problems in demolition, as had the City in trying to find a contractor; that Mr. Gomez was not aware that a demolition permit had to be taken out, however the original notice did say that compliance would be obtained by obtaining a permit to do the work; that the negotiated settlement with the contractor included labor costs when there were none. Councilman Penna felt there was a possible misunderstanding as to how long Mr. Gomez had to demolish the building, and he felt there should be a respon- sibility on the City's part that in the 5/9/90 Page 11 AGENDA ACTION TAKEN · "' PUBLIC HEARINGS 13. Hearing - Continued. 14. Public Hearing - Proposed Statement of Objectives and projected use of CDBG Funds for FY 1990-91; Hearing continued from 4/11/90 meeting; Conduct Public Hearing; Resolution approving Statement of Objectives. A RESOLUTION APPROVING AND AUTHOR- IZING THE SUBMITTAL OF THE STATE- MENT OF OBJECTIVES AND PROJECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1990-91 PUBLIC HEARINGS event someone were to demolish the struc- ture themselves after the contract is let out, then at least the City should have some sort of a reservation in that contract where we can cancel it; and for that reason he would not be in favor. He stated that the City had every obliga- tion to do what we did, but when we went out to contract with a contractor to demolish this building we should have seen to it as a responsible party that if for some reason the owner of the property in the meantime demolished the building himself, like he did, that we would have the right to cancel that contract with a cancellation fee and it shouldn't be the full amount. City Manager Armas stated that he had talked to Mr. Gomez only on this item, and Mr. Gomez felt that he had done the work and shouldn't have to pay. He had told him to come to tonight's meeting and convey that thought. M/S Nicolopulos/Penna - To adopt a reso- lution by title only to waive the state- ment of costs for a nuisance abatement at 719 Linden Avenue. RESOLUTION NO. 57-90 Carried by unanimous voice vote. Director of Economic & Community Development Costello related that this was the second Public Hearing, and Council would be asked to take public comment, take action on the objectives and the budget for the Community Development Block Grant Program in the amount of $449,000. She spoke in detail on the funding of programs. Mr. Pedro Gonzales, 804 Olive Ave., questioned how the management fee was to be spent, which was something that the Historic Oldtown Homeowners Assn. wanted 5/9/90 Page 12 A G E N D A PUBLIC HEARINGS 14. Public Hearing - Continued. (Cassette No. 2) ACTION TAKEN PUBLIC HEARINGS to know. He suggested that the City create programs to combat negative gang activi- ties after school, which he felt was more beneficial than having the police arresting the youth. He spoke of efforts by himself and Joe Valcazar in working with the youth in the Cypress Park area. Director of Economic & Community Development Costello explained that breakdown of the $83,800: $70,000 for salary and benefits for the Community Dev. Block Grant Coordinator Dan Roos; a portion of the Secretary II salary; audit required by Federal Law to be done every year; and office expenses. Councilwoman Teglia stated that the School Liaison Committee had been holding hearings at City Hall, and two more were scheduled, on gangism and children at risk to hopefully find a means to deal with the problems and make gangs less attractive in this community. Mr. Eldon Luce, Center for Independence of the Disabled, thanked the Council for their continuing support and funding, and proceeded to describe programs offered to the community. Ms. Cindy Hardwick, Operation Sentinel, stated that her Agency had been dislo- cated from the earthquake, and now had to pay rent. She stated that she would appreciate additional funding if that was possible. Ms. Victoria Alvarado, Grand Ave. Library, asked for consideration of the needs of the youth in the immediate area of the library due to the lack of a community recreation center, and conse- quently they spent a great deal of time at the library. Councilwoman Teglia again spoke of the gangs and the question of turf, which the 5/9/90 Page 13 AGENDA ACTION TAKEN -PUBLIC HEARINGS 14. Public Hearing - Continued. 15. Public Hearing - Assessment rates for Willow Gardens, West Park 1 & 2, West Park 3 Parks and Parkways Maintenance Districts for FY 1990-91; conduct Public Hearing; Resolutions fixing revenue required, and imposing the annual assessments. A RESOLUTION FIXING THE AMOUNT OF REVENUE REQUIRED IN THE WILLOW , GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT FOR THE FISCAL YEAR 1990-91 AND IMPOSING THE ANNUAL ASSESSMENT PUBLIC HEARINGS library could be viewed as being. Councilman Penna stated that there were many ways of reaching people, and it looked like the library was reaching people. Councilman Nicolopulos stated that his caveat was for a private/public part- nership, and for the City to do the best job possible with the money available. He requested that Mr. Roos follow up on the bids and determine that the quality of work is what Council desires for rehabilitation. Councilman Penna stated that he had to abstain on Program 2 on the Downtown Commercial Rehabilitation because one of his clients that he manages property for also owns a piece of property that is going to be rehabilitated. Mayor Haffey closed the Public Hearing. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 58-90 Carried by unanimous voice vote - with the exception of Program 2 wherein Councilman Penna abstained. Councilman Penna stated that he would have to abstain on this matter all together because he manages property in Willow Gardens; and has sold and has a listing on property in the West Park area; and would not participate or vote on the item. Mayor Haffey opened the Public Hearing. Director of Recreation & Community Services Jewell spoke in depth from his staff report: that the City has respon- sibility for common green maintenance in the Parks & Parkways Maintenance 5/9/90 Page 14 AGENDA ACTION TAKEN F'I-PUBLIC HEARINGS 15. Public Hearing - Continued. / A RESOLUTION FIXING THE AMOUNT OF REVENUE REQUIRED IN THE WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT FOR THE FISCAL YEAR 1990-91 AND IMPOSING THE ANNUAL ASSESSMENT A RESOLUTION FIXING THE AMOUNT OF ~'~ REVENUE REQUIRED IN THE WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT FOR THE FISCAL YEAR 1990-91 AND IMPOSING THE ANNUAL ASSESSMENT PUBLIC HEARINGS District, of which there were four in total; landscape areas were deeded to the City by developers with the requirement that the City maintain them with funds derived from a portion of the property tax revenues; the need for increased maintenance, repair and replacement of plants and fixtures; the need for an increased assessment to provide for replacement and repair of various equip- ment; the assessments establish levies on a per unit per parcel basis - West Park 1 & 2 - $29.00, West Park #3 - $50.00, Willow Gardens - $209.00; questions which arose upon receipt of the notice of hearing; that if the tax was adopted it would have to be reaffirmed each year, etc. City Attorney Armento described how these Districts came into being: Council adopted resolutions of intent and resolu- tions to establish Park & Parkways Maintenance Districts; that there were postings, and filings to the County Assessor and Board of Equalization; Council yearly set tax rates in the 1970s; tax rates were established for each District; in 1982 the City had a determination for West Park #3 that the tax rate, .03047g @ $100 of assessed valuation, be levied by ad valorem method, which was rejected by the County; law had been changed to say that rates could be set on an assessment basis based on the benefit to the parcel - which was what the proposal was before Council; case law with respect to Proposition #13; received a letter in Jan. 1989 from the County Counsel that if the City followed the materials, notice to the public, and adoption of resolutions - that the County would not object to pla- cement of those special assessments on the tax rolls. Acting Director of Finance Margolis spoke of the complicated formula established by the state legislature on landscape districts. 5/9/90 Page 15 AGENDA ACTION TAKEN ---PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS Mayor Haffey invited anyone wishing to speak for or against the assessment to step to the dais. Mr. Frank De Cesare, 389 Heather, stated that he did not mind paying his fair share of common green fees, but thought the assessment was out of line especially since the greens are not kept up, and would rather find his own gardener. Ms. Karen Bellows, 3550 Carter Drive, stated that she represented 300 very angry voters (Skyline Village Condos Assoc.), and questioned what the City had done with the money for the last ten years. She stated that someone had given the area to the City, and they would like to take it back instead of paying the additional assessment since they had been watering the area at their own expense for years. Mr. John Brewer, 3817 Radburn, protested the assessment. Councilwoman Teglia spoke of Council con- cern over the yearly deterioration of the greens because the funds coming in were not enough to make the necessary repairs and keep it up. Mr. Richard Ghiotto, 3924 Stein Court, protested the assessment for the following reasons: because they had not had the opportunity to examine the report by the Director of Parks & Recreation and verify the report; the total assessment was excessive; that adoption of this assessment would open the door for addi- tional levies for the different depart- ments. Ms. Martha D. Larios, 3050 Carter Dr., protested the assessment. Mr. Charles Vaughn, 3766 Callan Blvd., stated that he was very much against the 5/9/90 Page 16 AGENDA ACTION TAKEN PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS assessment, when we are already assessed $160 per parcel for the upkeep of the common greens and that was pitiful, and now they wanted another $50.00 to per- petuate a disgraceful condition. Mr. Leon Mulgrew, 2407 Unwin Court, voiced his father Edwin and his own con- cerns: that this opened the door for continued increases; that the 1982 attempt was declared illegal if not improper by the San Mateo County Controller according to Article XIII A of the California Constitution, and felt this had the same effect; by allowing this to go through the City Council was going to fail to honor the same judgment put forth then; wanted the Council to delay action on this matter until a full and complete written opinion was received from the City Attorney so the Council would have the benefit of a complete ana- lysis, and would not be putting the City in jeopardy or in a precarious situation that will result in lawsuits from pro- perty owners who do not want an ad valorem tax regardless of what it is called; the public hearing was post marked 4/27/90 which only gave seven business days to address this - which was not sufficient notice to deal with this. Mr. Harold Smith, 3900 Crofton Way, stated that when he bought his home in 1975 the greens were adequate, and over the periods that followed they had gone to poor - to absolutely deplorable. He stated that the sprinkler system on the back side of his property had not worked for over 21/2 years. He stated that he had 'reported this on numerous occasions only to be told that there was little tech- nical glitches that had to be repaired and it would be taken care of - but there is still no water and things keep dying. He spoke of the debris on the green that the gardeners moved around, rather than pick it up. 5/9/90 Page 17 AGENDA ACTION TAKEN --PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS Ms. Diane Smith, 3900 Crofton Way, stated that she objected strenuously to the assessment of $50 or even an additional 50¢ for the upkeep of said greens by inferior gardeners. She stated that soon we would be in a drought condition and wondered why the assessment when there will not be water. She spoke of glass in the sand and graffiti from teenagers in the area. She stated that a former Councilman had told her that the City had used their augmentation funds for other districts, and was not interested in the fund being depleted for other districts. Mr. Robert Lamp stated that he owns 3710 Fairway Way, and lives at 340 Vallejo Dr., Millbrae. He stated that he repre- sented himself and Melvin A. Silva who owns the property at 2690 Duhollow Way. He cited their position: had never heard of such an assessment in the bay area, and felt it may be unprecedented and in violation of the spirit of Proposition 13, if not in violation of 13; the cost of maintenance of the common greens, sidewalks, and lighting are borne by the City and funded by the revenue from pro- perty taxes paid by the property owners, therefore if the funds required to cover these costs, assuming they are rising, are not inadequate - then an adjustment should be made in the property tax base to provide the additional capital required; his property was built by Callan twenty four years ago, and the land comprising the common greens area was dedicated at the time to the City of S.S.F. who therefore assumed the respon- sibility for its maintenance; strange that after twenty four years of main- taining these grounds from the revenues that the Department suddenly finds it necessary to request a benefit assessment from property owners of West Park i & 2; convinced that an annual assessment of this nature once approved would become 5/9/90 Page 18 AGENDA ACTION TAKEN --PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS permanent and irrevocable, and subject to an annual increase at the whim of the City of S.S.F.; as a property owner he would support a class action suit on behalf of all the affected property owners listed in this District to prevent this assessment from becoming a reality, and would gladly donate $29 or more for his pro rata share of the legal expense incurred for competent legal represen- tation. Mr. Philip Bernheim, 3606 Bassett Court, stated that the proposed assessment was a way to get around an increase in the ad valorem tax which Proposition 13 prohi- bits, because it is a flat fee on every- body period. He stated that a tax once imposed tends to rise automatically year by year. He agreed with the lady that said give us back the land which he did not feel was being used, and giving back the land would increase everyone's garden. Ms. M. J. Voelker, 3872 Croften Way, stated that she did use the greens but the area was not safe otherwise more people would use it, and felt the City should look at the job being contracted, as well as providing better police pro- tection in these areas. Mr. Sylvester Sherota, 6 San Felipe, strongly protested the added assessment and further extraction of monies, and circumvention of Proposition 13. He asked that the City refund the tax monies so the people can hire their own gardeners. Mr. Richard Lyons, 30 Inverness Way, Hillsborough, stated that he owned four parcels in Willow Gardens and had sub- mitted a written protest, and felt that this was a method to get around Proposition 13. He felt that $3,700 a month was excessive to maintain the small area of common greens. He stated that 5/9/90 Page 19 AGENDA ACTION TAKEN PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS Mr. Jim Brusco was the original contrac- tor for the greens and had done an excellent job, however, that had been followed by other contractors doing inadequate work. Ms. Janice Wong, 2676 Stanford Row, stated that the decision last year by Judge Jenkins, when the City Attorney had asked that the money be turned over to the City, was that the residents were not responsible to pay for the street repairs or street lighting, and the money was turned over to the people of Westborough. She stated that the document said that the remainder of the money if not used in two years would then be turned over to the City. Ms. Joan Hamilton, 2231Greendale Dr., stated that many people moved to Westborough because of the common green concept because they didn't like looking at tacky backyards that were not kept up. She felt offended that the City would come to the residents in this way when a community center had been planned in the Westborough area, there was public input asked of the citizens in the planning of that community building. She felt that in a special assessment such as this, that once again the Council should come and try and work with the citizens of the neighborhood to see what could be done about something that maybe is not as positive. She stated a challenge to the Council: not to return this land 'into private hands, but to form a committee of people in the Westborough area who are interested in the success of green areas to come together to hopefully solve the problem; and that a self deter- mination should be made by the property owners for any assessment. 5/9/90 Page 20 AGENDA ACTION TAKEN PUBLIC HEARINGS 15. Public Hearing - Continued. PUBLIC HEARINGS Mr. Philip Chang, 2405 Liberty Court, stated that he had been bitten by the Development on shoddy work on his house, and felt that the common greens area is coming back to bite him again. He believed that it was an agreement between the City and the Developer to maintain this and he believed the agreement should be kept. City Clerk Battaya referenced the following protest letters into the record: Richard P. and Janet K. Lyons; Sylvester Sharma; Richard E. Ghiotto; Bev. Pope; John Brewer; Shomei Wong; Jim Brusco; Mr. Castanelli; John Donovan; Hazel Donovan; Mildred Burg; Brian D. Campisi, Mgr. Agent Westborough Hills Condo Assoc. #6; Elizabeth Krutzberg; Peter Chung; Wallace Chung; Peter Chung; Lily A. Chung; Harold and Diane Smith; Edwin Cochen; Harry G. Angerman; Margaret and J. R. Colorado; Edward and Agnes Wong; Maria Kohlner; Merly Arboletta; Robert Biogiotti; Patricia Celaya; Albert Tam; Ian Tam; Sik-Chun Tam. Mayor Haffey closed the Public Hearing and asked that the letters and verbal comments be incorporated into the record. Councilman Nicolopulos stated that he had served on the Park & Recreation Commission with Joan Hamilton, and related that Mr. Lyons had served as City Attorney some years back and wondered if he had any solutions to the problems. Discussion followed: that the Willow Gardens common greens were paid for by the property owners in that District; that there were 54 acres of common greens in S.S.F.; that $450,000 was spent in the past year on the greens; that City crews were not maintaining the common greens with the exception of one City worker who was paid out of common green funds; why it was put into one bid package for 519190 Page 21 AGENDA 'PUBLIC HEARINGS 15. Public Hearing - Continued. __RECESS: · RECALL TO ORDER: ITEMS FROM COUNCIL GOOD AND WELFARE ACTION TAKEN PUBLIC HEARINGS the four districts; that they were main- tained at a below average manner; that the City had major capital improvements to do in the area, etc. M/S Drago/Nicolopulos - To delay any further action on the issue pending putting together a citizens ad hoc com- mittee with representatives from each of the affected Districts to set the level of service at a price they are willing to pay, and come back with it maybe with a time period of 90 days. City Manager Armas stated that the prac- tical effect was that the City will not impose a new fee this year because of timing. Carried by majority voice vote, Councilman Penna abstained. Mayor Haffey declared a recess at 10:35 p.m. Mayor Haffey recalled the meeting to order at 10:45 p.m., all Council present. ITEMS FROM COUNCIL Councilwoman Teglia stated that she and Councilman Nicolopulos had attended a Downtown Merchants meeting on 4/23/90 and related the following: that City par- ticipation in street fair would be the same level as last year; having a clean up program sponsor like San Bruno had; assessment of parking lots; place a waste receptacle by the bus stop outside the State Room entrance; assess damage to bricks in crosswalks and sidewalks; mid- day litter control; consider publication in reference to City service programs in the downtown. GOOD AND WELFARE No one chose to speak. 5/9/90 Page 22 A G E N D A A C T I 0 N T A K E N Q,,,~.~ CLOSED SESSION 16. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: 17. Request to adjourn the meeting to Wednesday, 5/16/90, at 7:00 p.m. in the City Council Conference Room, City Hall, 400 Grand Ave. for the purpose of the discussion of the draft 1990-91 Capital Improvement Program; Sewer Improve- ment Program; and a neighborhood strategy program. ADJOURNMENT CLOSED SESSION Council adjourned to a Closed Session at 10:52 p.m. to discuss the items noticed. Mayor Haffey recalled the meeting to order at 11:36 p.m., all Council present, no action taken. M/S Teglia/Nicolopulos - To adjourn the meeting to Wednesday, 5/16/90, at 7:00 in p.m., in the City Council Conference Room, City Hall, 400 Grand Avenue for the stated purposes. Carried by unanimous voice vote. Time was 11:36 p.m. 'RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco APPROVF~)%. ~ / ) ,/ Rich(~rd )k. Haffey, M)~%j~JrJ City of South San Fra c~co / 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. 5/9/90 Page 23