HomeMy WebLinkAboutMinutes 1990-07-11Mayor Richard A. Haffey
Council:
Jack Dra9o
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
July 11, 1990
AGENDA
ACTION TAKEN
ADJOURNED REGULAR MEETING
ADJOURNED REGULAR MEETING
CALL TO ORDER: (Cassette No. 1)
6:05 p.m. Mayor Haffey presiding.
ROLL CALL:
Council present:
Council absent:
Drago, Nicolopulos,
Penna, Teglia, and
Haffey.
None.
Closed Session for the purpose of
the discussion of personnel
matters, labor relations,
property negotiations and
litigation.
Council adjourned to a Closed Session at
6:06 p.m. to discuss the items noticed.
RECALL TO ORDER:
Mayor Haffey recalled the meeting to
order at 8:00 p.m., all Council present,
no action taken.
M/S Penna/Drago - To adjourn the
meeting.
Carried by unanimous voice vote.
ADJOURNMENT:
Time of adjournment was 8:01 p.m.
RESPECTFULLY SUBMITTED,
ar~a A. Battaya~
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral communications, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the Office of the City Clerk and are
available for inspection, review and copying.
7/11/90
Page i
Mayor Richard A. Haffey
Council:
Jack Drago
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
July 11, 1990
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
INVOCATION:
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
1. Motion to approve the Minutes of
the Adjourned Regular Meeting of
ACTION TAKEN
8:03 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Penna,
Teglia, Drago and
Haffey.
None.
Chaplin Linamen, Kaiser Hospital, gave
the invocation.
The pledge was recited.
AGENDA REVIEW
City Manager Armas stated that he did
not have any modifications to the Agenda.
ORAL COMMUNICATIONS
No one chose to speak.
COMMUNITY FORUM
Councilwoman Teglia stated that yesterday
marked the end of a two year battle with
the County for the location of a new jail
in S.S.F.. She stated that the Board had
selected Redwood City which she felt
would better serve the County in the long
run. She stated that the County had also
announced that it would close the prede-
tention center on Mission Rd., but not a
date as to when this would be done. She
asked that this City take a lead with the
County in discussions to find an accep-
table alternative to the straight
closure.
Consensus of Council - That the City take
an active role in discussions on the sub-
ject.
CONSENT CALENDAR
Approved.
7/11/90
Page I
AGENDA ACTION TAKEN
CONSENT CALENDAR
1. Motion - Continued.
5/31/90; and the Regular Meeting
of 6/13/90.
2. Motion to confirm expense claimso~5
of 7/11/90.
Resolution establishing tax rate
for financing the Municipal
Services Building for fiscal year
1990-91.
A RESOLUTION FIXING A SPECIAL
PROPERTY TAX RATE FOR FISCAL YEAR
1990-91.
Motion to accept the City Entrance
Landscaping Project on Airport
Blvd. as complete in accordance
with the plans and specifications.
5. Resolution approving a risk
management policy and program.
A RESOLUTION ADOPTING A RISK
MANAGEMENT POLICY
°
Motion to accept the City Entrance
Landscaping Project on Airport
Blvd. as complete in accordance
with the plans and specifications.
CONSENT CALENDAR
Approved in the amount of $1,068,042.86.
RESOLUTION NO. 96-90
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
RESOLUTION NO. 97-90
M/S Penna/Teglia - To approve the Consent
Calendar with the exception of Item 4.
Carried by unanimous voice vote.
Councilman Nicolopulos questioned the pro-
cedure before the City took possession in
that the site was a mess with litter and
papers everywhere.
Director of Public Works Parini stated that
the site collected debris quickly, however,
approval of the project was for the work
done.
Councilman Nicolopulos stated that the site
looked like it had not been attended for
many weeks or months; and if the City
accept it - it should be cleaned by the
contractor, due to the City having a lack
of personnel before approving the project
7/11/90
Page 2
AGENDA ACTION TAKEN
4. Motion - Continued.
ADMINISTRATIVE BUSINESS ~Q~
6. Resolution imposing assessments for
unpaid costs of removing abandoned
vehicles from private property and
directing the City Clerk to cause
recordation with the County Clerk.
A RESOLUTION AUTHORIZING ASSESSMENT
OF COSTS FOR ABATEMENT OF ABANDONED
VEHICLES
as complete. He stated that he would
approve the project with the
stipulation it was cleaned first.
Councilwoman Teglia stated that the
corner needed a great deal more main-
tenance than it had in the past, and
the contractor should not be respon-
sible for wind and papers on the site.
Vice Mayor Drago stated that there was
a 10% retention clause for the 30 day
lien provision.
Director of Public Works Parini stated
that that was part of the standard
contract provisions for the benefit of
unpaid subcontractors to file liens.
City Manager Armas stated that it was
staff's judgment that the contract had
been satisfied, and he would have staff
clean up the site.
Councilman Nicolopulos questioned when
the Council was going to stop accepting
mediocre work and being second rate.
M/S Teglia/Penna - To accept the City
Entrance Landscaping Project on Airport
Blvd. as complete in accordance with
the plans and specifications.
Carried by majority voice vote,
Councilman Nicolopulos voted no.
ADMINISTRATIVE BUSINESS
Acting Director of Finance Margolis
stated that the resolution imposes
assessments for unpaid costs for
removing vehicles from private pro-
perty, and to have those filed on the
1990-1991 tax rolls. She stated that
there was a recommended change wherein
the property owner of 551 Railroad Ave.
had disclaimed responsibility for the
vehicles that were there and removed
which relieved them from any
assessment, and they should be removed
from the list; and S.F. Water Co. found
it easier to handle an assessment
rather than a bill.
7/11/90
Page 3
ADMINISTRATIVE BUSINESS
6. Resolution - Continued.
e
Motion to approve the Park,
Recreation and Open Space Master
Plan; and Motion to approve the
Orange Memorial Park Master Plan/
Expansion
ADMINISTRATIVE BUSINESS
M/S Teglia/Penna - To adopt the
Resolution with the exemption of the
property at 551 Railroad Ave.
RESOLUTION NO. 98-90
Councilwoman Teglia stated that there
had been a memo from Councilman
Nicolopulos in reference to Tennis Dr.
on whether or not public easements
could be infringed upon and abated by
the City.
Carried by unanimous voice vote.
Mr. Harris, Callandar Assoc., spoke in
detail: importance of the two projects
in this City; that the time element was
15 years; meetings and surveys conducted;
that the plan was fundable and
realistic; that the bay front was under
developed; additional space was needed
for cultural arts; that there were 22
items in the Orange Park Master Plan;
funds were available from the Quimby
Grant, General Fund and the Capital
Improvement Program, etc.
Councilwoman Teglia stated that she did
not see reference to a linear parkway
in the plan. She stated that when
doing the Orange Park Expansion the
City should move up the linear piece on
Orange and Spruce to blend it together.
Mayor Haffey stated that it was the
west side of Colma Creek behind So.
Canal, and it should be incorporated as
part of Orange Park Expansion and the
linear park.
Consensus - To include it in the Orange
Park Master Plan.
Discussion followed: that the con-
figuration could be changed to put in
concession stands; that there was
another constraint because of three
wells on the property, etc.
7/11/90
Page 4
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
7. Motion - Continued.
Be
Motion to receive the report and
not authorize additional stop signs
at Baden/Eucalyptus Avenue inter-
section.
ADMINISTRATIVE BUSINESS
Councilwoman Teglia spoke of the
Subcommittee work with the Boys Club
for a potential joint project in
Oldtown for a Boys and Girls Club
satellite facility. She stated that
with funds from the Boys Club for
construction and the use of City land
on Hillside for a joint project that
the Club could run. She requested that
staff be directed to determine the
merits of such a plan.
Mayor Haffey suggested that the item
also be referred to the Recreation
Commission for review before any
Council action was taken.
Consensus of Council - To direct staff
to determine the merits of a satellite
facility and refer the matter to the
Recreation Commission.
Mayor Haffey stated that this was one
of the most important plans for the
next 15 years, and felt that Council
and the public would take great pride
in its achievement.
M/S Teglia/Nicolopulos - To approve the
Park, Recreation and Open Space Master
Plan, and the Orange Memorial Park
Master Plan Expansion.
Carried by unanimous voice vote.
Director of Public Works Parini stated
that this had been continued from the
6/13/90 meeting wherein staff after
investigation and a traffic and engi-
neering analysis had recommended that
it did not warrant additional stop
signs and Council had directed that
more investigation be made. He spoke
of the type of investigation made: had
looked for significant accident history
for right angle types of collisions
that occurred; there was only one in
the past 31/2 years; traffic volumes were
light and did not warrant stop signs.
7/11/90
Page 5
AGENDA ACTION TAKEN
-- ADMINISTRATIVE BUSINESS
8. Motion - Continued.
Motion to provide direction con-
cerning expanded contents of the
conflict of interest provisions in
the Council Handbook.
ADMINISTRATIVE BUSINESS
He suggested: add more speed limit
signs on Baden; improve markings with
25 mph signs; improve double stripes;
ask police for more enforcement
measures.
Councilwoman Teglia refutted that Baden
Ave. was a lightly travelled street,
and questioned why Miller had a stop
sign when the traffic was the same.
She stated that the neighbors see near
miss accidents all day long.
City Manager Armas stated that the
strict reading of the warrants were not
satisfied nor were Council guidelines
adopted in the past.
Motion by Councilwoman Teglia - To
receive the report, disagree with it
and authorize additional stop signs at
Baden/Eucalyptus Avenue intersection.
Motion died for lack of a second.
City Attorney Armento stated that
direction had been given to consider
expanding upon the discussion con-
cerning conflict of interests in the
Council Handbook, and she had provided
some language or concepts to use as a
starting point for discussion as to
what they might want to see included on
the subject.
M/S Penna/Drago - That any person that
has any problem with any Council or
Boardmember serving the City - that
they bring that information to the City
Attorney for the purpose of review of
documentation with the intent that if
any improprieties be found that it be
handed over to the D.A.'s Office for
prosecution or review through the Grand
Jury.
Councilwoman Teglia stated there was no
need for that motion to pass, because
anyone with that concern can imme-
7/11/90
Page 6
AGENDA ACTION TAKEN 0t65
ADMINISTRATIVE BUSINESS
9. Motion - Continued.
ADMINISTRATIVE BUSINESS
diately go to those people and did not
have to go to the City Attorney for
enforcement.
City Attorney Armento stated that was
correct, and suggested that it would be
inappropriate for the City Attorney to
go and seek an enforcement action by
the District Attorney.
Councilwoman Teglia stated that she was
concerned over professional activities
in the community with knowledge not
available to the community, acquired
through closed session - then he should
abstain or call it out.
Councilman Penna stated that the public
should be aware of the process, and
then discuss the rest in a study
session.
City Attorney Armento stated that with
regard to the Motion - the procedures
for dealing with a conflict of interest
were already spelled out in statutes.
Councilman Nicolopulos stated that
because it was spelled out in statutes,
any action the Council took was redun-
dant and not needed.
Vice Mayor Drago stated that he sup-
ported the concept, and would like to
see it expanded to the Boards,
Commissions, and City employees.
City Attorney Armento stated that she
could amend the conflict of interest
code as it applies to employees. She
stated that the Council Handbook
really related to the Council, and does
have some discussion about the Boards
and Commissions.
Councilman Penna stated that the
suggested language was so loosely
worded that he would rather see it be
discussed in a study session.
7/11/90
Page 7
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
9. Motion - Continued.
ADMINISTRATIVE BUSINESS
Mayor Haffey asked for constructive
tightening up of the language. He
suggested continuing it to the next
meeting so that Councilman Penna could
study the language more.
Councilwoman Teglia objected to this
going to a study session because it
would put it off for two months. She
again cited concern for people who
intend to target an area for pro-
fessional activity, and chooses to
sit in on the closed session on that
area.
Councilman Nicolopulos stated that if a
person had a doubt - he should go to
the City Attorney.
Councilman Penna stated that the
language makes it easy to see
improprieties, and makes it difficult
for a businessman to run for Council.
Mayor Haffey stated that a prior
Councilman who worked, had abstained
whenever a subject touched upon his
employer.
Councilman Penna stated that on many
occasions he had abstained on issues,
and still felt the language was loose.
Motion and Second were withdrawn from
consideration.
M/S Penna/Drago - The item to go to a
study session.
City Manager Armas stated that the
study session would not occur until
September or October.
Vice Mayor Drago questioned the
penalties and sanctions. He stated
that the staff report says he can be
removed from office - Council can not
remove anyone from office regardless
of what they do.
7/11/90
Page 8
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
9. Motion - Continued.
PUBLIC HEARINGS
10. Public Hearing - To consider
revisions to the Master Fee
Schedule; Public Hearing closed
on 6/27/90; Resolution approving
revisions to planning fees.
A RESOLUTION AMENDING CHAPTER i OF
THE MASTER FEE SCHEDULE OF THE CITY
OF SOUTH SAN FRANCISCO
(Cassette No. 2)
ADMINISTRATIVE BUSINESS
Councilwoman Teglia stated that it was
important to agendize for a public
meeting for the public to understand
elected government.
Councilman Nicolopulos questioned if
this was an item for a closed or an
open session.
City Attorney Armento stated that there
was not a basis for a closed session,
because the Brown Act did not have a
category for this; and study sessions
were not places to take action.
Vice Mayor Drago stated that it could
be discussed at a study session, then
agendize it for action at a regular
meeting for a decision in front of the
cameras.
Carried by majority voice vote,
Councilwoman Teglia voted no.
PUBLIC HEARINGS
City Clerk Battaya related that she had
received a 7/9/90 letter from Mr.
Dell'Angela protesting the change in
planning fees.
Mayor Haffey directed the City Clerk to
incorporate the letter into the
record.
Director of Planning Smith stated that
staff had been instructed at the last
meeting to come back with justification
of the changes in planning fees in
reference to the Master Fee Schedule.
She proceeded to justify each of the
planning fees, and stated that this
City fell in the general area of fees
as those of neighboring cities. She
stated that the legislative update in
the Chamber Newsletter had been sent
to approximately 2,700 businesses
since the last meeting, and had con-
tained information on this meeting;
and had been mailed out last week.
7/11/90
Page 9
kEnvironm~l:Development Group
~ Ju~ 9, 199(~
1818 Gilbreth Road, Suite 200
Burlingame, CA 94010
TEL: 415-692-9517
FAX: 415-692-2585
Honorable Mayor and City Council
City of South San Francisco
P.O. Box 711
South San Francisco, Ca 94085
RE: Master Fee Schedule, Planning Services (Item 10, 7/11 CC Meeting*Agenda)
Dear Mayor Halley and Council I~nbers.
It is disturbing tome that the Planning Director's proposal to increase fees
is back on your 7/11/90 agenda in almost the identical form youConsidered
at your 6/27/90meeting. The only change made is that a variance for single
fanilyhomes has been left at $585 while the fee for all other variances
have been increased by 120°~ to $850. .
I was also surprised that the survey of fees charged'in other cities, which ---
you specifically asked for at your last meeting, was not included in~_the staff
report and only selected fees from a few cities are mentioned in the report.
No justification is given in the staff report for the statement made that
"On average, SoUth San Francisco's planning fees, as proposed, are COT~arable
with those charged by other San Mateo COnTnunities and COmTunities throughout
the My region."
Perhaps your relationship with the City Manager.an~ Planni.ng Management staf~
has reached a point where they feel you will vote TOt anythzng they recomnene
with little or no support doctrnentation. A c_onl3rehensive report of fees
charged in other cities should have been provided you before you were asked
to approve such fees.
Exhibits A-L, which was provided you and which pres~ne to justify the fees
being proposed, is pure fantasy. The grossly-inflated tim~ and hourly figures
used in these Exhibits also contain numerous contradictions. The fees charged
include:
?p ing, 'zerox~ng g distribution S22/hour or SqS,760/year
onsultation (wzth who?) $55/hour or $68,6qO/year
Planning Director Review Sq6/hour or $95,680/year
Deparbnent Head Review $52/hour or S108,160/year
Design Review $67/hour or $159,560/year
It is also interesting to note in these Exhibits that while the Department
Head, Ms. Costello, requires only ~ hour to review a use permit application,
she needs a full 2 hours to review a C Permit sign application. Further, a
C sign permit requires 2 hours of design review but a use permit or precise
plan only needs 1 hour of review. These are only a few of the contradictions.
7/11/90
Page 9a
.~Environmental Development Group
Page Two
Planning Fees
7/11/90 SSF CC Mtg.
July 9, 1990
]818 Gilbreth Road, Suite 200
Burlin§ame, CA 94010
TEL: 415-692-9517
FAX: 415-692-2585
Other contradictions in the fee proposal include'
- Sign programs for Redevelopment Precise Plan has been reduced from $800 to
$200while a small businessperson now has. to pay a $800 siqn fee for his
sign program. Are we feeling sorry for the poor redevelopment developers?
- An applicant's COst to appeal a decision by.the ~lannin9 ConTni~sion 9n a use.
permit ~Ould be $550 yet. there would be no Tee charged if an aeja~en~ property
owner, City. resident or homeowner association tiled-such an appeal.
Remember, 2nd units (mother-in-law units) require a use permit application as
does the establisl~nent of many small businesses. ' '.
- Precise plans for non-redevelopment projects cost $200more ($1,100) than
precise plans for redevelopment projects ($900)? (see comment above)
A planned development permit costs only $100 more than a use permit. ($1,200
vs. $1,100)
- The fee for a Environmental Assessmenti(negative declaration, etc.) increases
by 667~ from $75 to $500! And remember a variance for a single family home
als~F-equires a negative declaration to process.
- Planning still feels compelled to charge $50/hour for "Research Assistance"?
~ any other City departments charge $50/hour or ?/h. our for assistance?
~nis is ridiculous and an insult to the people of this comTunity.
Staff states in their staff report '~ro the extent that planning services provided
by the City benefit individual applicants rather than the general public, it is
appropriate that those who benefit directly from the service pay the full cost."
The City r4anager or Planning Director or whomever else authored this statement
requires a drastic attitude adjustment. This narrow-minded attitude that staff
is somehow doing the residents and business people a favor by processing their
appl. ications and people ought to be made to pay through the nose to get a permit
needs to be changed.
In conclusion, the proposed planning fee schedule is unfair and unjust and
requires a great deal more study and changes before it is adopted. ! urge that
you reject this proposal and ask that amore people-sensitive and more business-
sensitive fee proposal be brought back to you in the future.
Sincerely,
Louis De11'Angela, AICP
cc. City Clerk
711z/9o
Page 9b
AGENDA ACTION TAKEN
PUBLIC HEARINGS
10. Public Hearing - Continued.
PUBLIC HEARINGS
Councilwoman Teglia stated that the
Chamber Newsletter was received right
after the 4th of July.
Councilman Nicolopulos expressed con-
cern that people only had three days
notice.
Councilman Penna stated that he did not
feel that this was a proper way to
notify people, because it didn't cover
people who would be subject to fees.
He reminded staff that we are a service
organization, and he saw no reason to
increase planning fees. He stated that
fees that the public pays to the City
are nothing more than an additional tax
passed on to the individual property
owner who may only want to make impro-
vements to their home.
Councilman Nicolopulos stated that he
wanted to make sure our fees were com~
parable with other cities and the fees
offset the salary.
Councilman Penna stated that the com-
parison to San Mateo was not a good one
because they were in a bad financial
condition, wherein they have to raise
fees to improve revenues.
Councilwoman Teglia stated that these
were fees that benefitted individual
applications, and if they did not,
those individual applicants were sub-
sidized by the general public of this
community. She stated that maybe these
are not palatable or maybe the staff
needs to make a better defense for the
fees proposed. She stated that there
was a Council policy that recreation
programs were to be 50% cost covering.
Vice Mayor Drago stated that the staff
survey did not say anything. He stated
that when the fees were first calcu-
lated in 1983 the number of hours it
took to process each project, and if
7/11/90
Page 10
AGENDA ACTION TAKEN
PUBLIC HEARINGS
10. Public Hearing - Continued.
RECESS:
RECALL TO ORDER:
Public Hearing - Unreinforced
masonry buildings - Public Hearing
PUBLIC HEARINGS
they were applied correctly then in
1990 the only difference would be the
cost of living, say 4% per year, times
the hours. He stated that the other
way was that if that amounted to 12% of
the Planning Dept. budget now, then
that same principle should have applied
in 1983. He felt that the fees were
inflated, and also had problems with
the appeal fees, wherein anyone should
have the right to appeal the Planning
Director's decision without paying a
fee. He stated that he could not sup-
port this and if it could be proven to
him what the actual cost was between
the last seven years and then apply it
to those fees -- which even at the most
could only be 35%.
Councilman Nicolopulos questioned why
Council direction had not been followed
at the last meeting.
City Manager Armas stated that staff
had identified, as an objective all
planning fees, and since there is no
urgency on this, will come back to the
Council.
Councilwoman Teglia stated that staff
should look at it as the Vice Mayor
suggested and apply the formulas, and
give that report to Council; and have
it at both libraries for the public, as
well as readvertise.
Consensus of Council - Staff to present
formulas as suggested by the Vice
Mayor.
Council adjourned to a recess at 9:48
p.m.
Mayor Haffey recalled the meeting to
order at 10:00 p.m., all Council pre-
sent.
City Clerk Battaya read the title of
the ordinance in its entirety.
7/11/90
Page 11
AGENDA ACTION TAKEN 0!,92
PUBLIC HEARINGS
11. Public Hearing - Continued.
closed on 6/13/90; Motion to
approve Negative Declaration No.
687; Motion to waive reading and
introduce the ordinance; Motion to
obtain a contract engineer to sub-
mit a collective bid for analysis
of URM buildings; Motion to refer
the issue of changes to the zoning
ordinance to address URM buildings
to the Planning Commission.
AN ORDINANCE ADDING CHAPTER 15.28
ENTITLED "UNREINFORCED MASONRY
STRUCTURES" TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
(Councilman Penna Left the Podium)
PUBLIC HEARINGS
Mayor Haffey stated that the Public
Hearing had been closed, but should
there be members of the public who
would like to speak - they may step to
the dais.
Councilman Penna stated that he repre-
sented a Client at 115 Grand Avenue and
would step down from the podium due to
a conflict of interest, and not take
part in Council proceedings. He stated
that he would address Council as
Property Manager to relate the owner's
remarks, rather than be construed as
his remarks as a Councilman.
Director of Economic & Community
Development Costello gave highlights of
her staff report: an explanation of
why a negative declaration was used;
explanation of the State Historic
Building Code; obtaining a mechanism
for a group engineering analysis; con-
cern over moving ahead with mandatory
retrofit without the benefit of an engi-
neering analysis; incorporating a
review of the results of the engi-
neering analysis after it was completed
into the proposed ordinance, including
problems and required solutions for
Council reassessment with a May 1992
date; flexibility of the ordinance was
not coming across to property owners;
ordinance will apply to all URM
buildings; comparison with other San
Mateo cities.
Mr. John Penna, 435 Grand Ave., related
comments from the owner of the property
he manages: the building was built in
the 1940s of concrete steel and all
reinforced with a brick veneer face
with stucco and plywood above the foun-
dation line with a full basement; that
staff had felt it was in the URM cate-
gory, and the Chief Building Inspector
had thought he had seen some brick in
the basement area, but would go again
tomorrow to take another look; concern
7/11/90
Page 12
AGENDA ACTION TAKEN 0193
PUBLIC HEARINGS
11. Public Hearing - Continued.
PUBLIC HEARINGS
that once the building gets put on the
list by visual inspection, there was a
difficulty getting it off the list
because he is going to have to pay for
a study to prove that it was not on the
list by visual inspection; across the
street is an old wooden structure with
a history going back prior to the
City's beginnings; that the hotel
building was brought in by barge when
the bay still came onto Grand Avenue,
and was floated onto an existing pier
with the ground filled in around it;
without a foundation it had survived
the earthquakes; concern over other
buildings built at the turn of the cen-
tury not on the list; a problem with
public safety on buildings built prior
to 1973 in the warehouse area on bay
mud; giving permits to people building
up in the Westborough area right on the
San Andreas fault.
Mr. Robert Rogers, Esq., 66 Bovet Rd.,
presented his letter to be incorporated
into the record with attachments from
Mr. Brian Fischer on non-ductile
concrete frame constructed building
with URM walls or petitions; and a
letter from Mr. Dell'Angela.
He spoke in detail on behalf of his
Clients, the owners of the Metropolitan
Hotel: seismic ordinances that did not
take into account the way buildings
take stress from bearing walls; not
offering flexibility in retrofittings;
concern that if a URM building was not
upgraded by 1996 the building would be
demolished, etc.
Mayor Haffey directed the City Clerk to
incorporate the letter from Mr. Rogers
into the record.
Mr. Lou Dell'Angela Urban Planning
Consultant, spoke on behalf of Martin
Metro and other Grand Ave. building
owners: questioned why this was on
7/11/90
Page 13
ROBERT K. ROCEi $, JR RECE!VE
ATTORN£Y AT LAW
66 BOVET ROAD, SUITE 300
SAN ~ATE0, CA 9440a-3128
(415) 578-8181
FAX: (415) 34~-1777
~uly 5~ 1990
AUBURN. CA 95603
(916)
City Council
City of South San Francisco
400 Grand Avenue
South San Francisco, California 94080
Re: Unreinforced Masonry Building Ordinance
Honorable Mayor and Councilmembers:
This letter is written on behalf of my client Martin Metro,
Inc., to renew its objection to the approval of negative
declaration No. 687 and to request that the adoption of the
ordinance adding Chapter 15.28 entitled "Unreinforced Masonry
Structures" to the South San Francisco Municipal Code be tabled.
The objection is based upon the matters raised during the public
hearing in this matter, including without limitation my letter to
the Council dated June 13, 1990.
At the June 13, 1990, city council meeting, Councilman
Nicolopulos stated his unwillingness to vote for the approval of
the negative declaration and adoption of the ordinance without
first resolving the environmental issues raised during the public
hearing. Those issues have not been resolved, except that you have
undoubtedly learned that the "categorical exemption" to which
reference was made during the hearing is not available to this
project.
Councilman Drago also requested that the staff determine the
cost of funding an inspection of all unreinforced masonry
structures by a single engineer, and that property owners be given
an opportunity to participate in such a program. Mr. Drago voiced
his support for an ordinance after the inspection and report is
completed and the problem of retrofit properly defined.
Clearly, the issues raised by Mr. Nicolopulos and Mr. Drago
have not been resolved, ~nd it is premature for this matter to be
back before the Council ~r action.
\~ours truly,~
RKR: ng
7/].]./90
Page 13a
Robinson
Meier
Juilly & Associates
Attenti on:
Gus Nicolopulos
July 10, 1990
City Council
City of South San Francisco
400 Grand Avenue
South San Francisco, California
94080
Re:
Unreinforced Masonry Building Ordinance
Applied To Metroplitan Hotel
Linden & Grand Avenue
South San Francisco, California 94080
Honorable Mayor and Councilmembers:
We have reviewed portions of the proposed Unreinforced Masonry
Building Ordinance - Chapter 15.28 of the South San Francisco
Municipal Code and its accompanying staff report. Our review
evidenced that an additional building type has been added to the
ordinance which is composed of non-ductile concrete frame and
exterior unreinforced masonry non-bearing walls. This type of
building does not relate in many instances to the criteria
contained in the proposed ordinance which was originally
promulgated by the City of Los Angeles Division 88 Standard for
URM Buildings to mitigate existing hazards in unreinforced masonry
bearing wall buildings. The City of Los Angeles is currently
preparing hazard mitigation standards which relate to unreinforced
masonry non-bearing wall buildings. Unfortunately, the
development of these standards is about two years away from
completion.
The Metropolitan Hotel is a concrete frame building with
unreinforced masonry non-bearing walls. Therefore, some of the
criteria contained in the proposed ordinance does not apply or
requires revision and is delineated as follows: the h/t ratios
contained in Table No. A1-F need to be revised to reflect
non-bearing wall building type, Table No. A1-G and A1-H need to
allow for additional shear elements and structural elements other'
than those indicated, Section 15.28.090(b) calls for anchors at 6
foot on center which applies to wood frame roof and floors this
should not apply to the subject project which has concrete
structural slab roof and floors.
Structural Engineers
Principals
Curtis Met~ gE.
Paul L. Juill.~: ~£.
Brian L. Fischer PE.
Corporate Consultant
L.E Robinson, gE.
103 EndenAvenue
So. San Francisco, CA
- 9~080.
~15 8P1.228~
7/11/90
Page 13b
.
Unreinforced Masonry Building uralnance
Metropolitan Hotel
July 10, 1990
Page 2
It is requested that it be acknowledged that the Metropolitan
Hotel is a concrete frame unreinforced masonry non-bearing wall
building. Additionally, it is requested that the hereinbefore
indicated revisions and deletions be incorporated into the subject
ordinance and that the ordinance contain sufficient flexibility to
allow for changes as the development of appropriate design
criteria for unreinforced masonry non-bearing wall buildings
evolve.
Very truly yo~rzs-Q /
Brian L. Fischer
Vice President
BLF/kf/rmj 17
cc: Bill Barton
Tom Barton
7/11/90
Page 13c
ROBer t K. Rocep, s,
~6 BOVET ROAD, SUITE 300
(4~5) 578-816I
July 11, 1990
0!
1:~23 HIGH STREET
AUBURN, CA 95603
(916) 865-7744
PLEASE REPLY TO
SAN MATE0
HAND DELIVER
City Council
City of South San Francisco
400 Grand Avenue
South San Francisco, California 94080
Re: Unreinforced Masonry Building Ordinance
Honorable Mayor and Councilmembers:
This letter is written on behalf of my client Martin Metro,
Inc., to request that certain provisions contained in the proposed
ordinance be deleted or amended, and to respond to issues raised in
the staff report on this matter, which I received on Monday, July
9, 1990. I request that this letter and the accompanying letters
of Mr. Dell'Angela and Mr. Fischer be made a part of the
administrative record in this matter.
Without Any Rational Basis, the Ordinance Was Amended to
Apply to Structures with Non-Ductile Concrete Frame
Construction, and the Ordinance Should Be Amended to
Delete Reference to Such Buildings.
The ordinance should be amended to delete the newly added
language of § 15.28.020(a) which reads:
". . . or non-ductile concrete frames with unreinforced
masonry walls or partitions . . ."
The addition of the foregoing language in the "6/29/90"
version of the ordinance is a clear attempt to make the ordinance
apply to one building, the Metropolitan Hotel, without any rational
basis therefor. The uncontroverted testimony of an architect,
taken during the public hearing on this matter was that the
regulations contained in the ordinance are appropriate for one
limited class of buildings (i.e. those with unreinforced masonry
bearing wall construction). As Mr. Reiss stated in his testimony,
experts in the field are currently working on appropriate
regulations to govern the non-ductile concrete frame construction
of buildings like the Metropolitan Hotel which do not react to
seismic stress in the same manner as buildings having unreinforced
masonry bearing walls.
7/11/90
Page 13d
The quick, easy "fix" suggested by staff ignores the substance
of the stress and construction standards in the ordinance and is
not based upon any substantial evidence that those standards
should, or even can be applied to non-ductile concrete frame
structures. Mr. Brian Fisher, an engineer who testified at the
June 13th public hearing, also received the revised ordinance
Monday and is preparing a letter requesting further changes to the
ordinance which provide necessary flexibility for non-ductile
concrete frame structures.
The ordinance lacks a rational basis for including the
Metropolitan Hotel in the definition of "unreinforced masonry
buildings", and as it is currently written the ordinance places an
unequal burden on my client, is discriminatory and a violation of
its constitutional and civil rights to equal protection and due
process under the 5th and 14th Amendments to the U.S. Constitution,
Article I, §7 and Article IV, § 16 of the California Constitution.
The Ordinance Should Be Amended to Provide the
Statutorily Required Exemption for Historic Resources·
The ordinance should be amended to add Subsection 15.28.020(c)
to read:
"The provisions of this chapter shall not apply to any
building which qualifies as "historical property" as
determined by an appropriate governmental agency under Section
37602 of the Health and Safety Code for the purposes of:
(a) identifying and
hazardous buildings;
inventorying potentially
(b) payment of fees to recover the costs of
identifying potentially hazardous buildings and carrying
out this chapter;
(c) recordation of certificates identifying the
property as a "potentially hazardous building" within the
meaning of this chapter."
This change is the minimum required by the empowering statute
which states very specifically and clearly that "potentially
hazardous building" does not include, for purposes of
identification, inventorying and establishing fees to recover the
costs of such activities, any building which qualifies as
historical property as determined by an appropriate governmental
agency under § 37602 of the Health and Safety Code.
The reference to "recordation" contained in subsection (c) is
included for use only in the event that the ordinance is adopted
with section 15.25.050(c) in place. Assuming solely for the sake
of argument that recordation is lawful in this context, the
7/11/90
Pa§e 13e
exception provided for historical properties in Government Code §
8875 certainly requires the proposed language.
Several Other Changes to the Ordinance Are Necessary to
Bring It Into Compliance with Btate Law or to Clear Up
Ambiguities.
(a) Delete § 15.28.050(c) (Recordation). There is no
authority in the empowering statute for recordation of a
certificate such as that identified in the ordinance, and the
issue is preempted by Government Code § 8875.2(c) which
mandates that all information regarding potentially hazardous
buildings be filed with the Seismic Safety Commission.
(b) Amend Subsection 15.28.020(b)(2) to read:
"warehouses or similar structures not used for human
habitation, unless used for emergency services equipment or
supplies."
(c) Amend the second paragraph of Section 15.28.030 to
read, in part:
". . . the material, method or work offered is, for the
purpose intended, substantially equivalent to that
prescribed in this chapter in suitability . . ."
e
The Council Should Not Adopt Negative Declaration No.
687.
In order to justify the adoption of the negative declaration
and to minimize the importance of the CEQA review, the staff report
argues that the project qualifies for a categorical exemption as a
regulatory action to ensure the maintenance, enhancement and
protection of the environment. If the project qualified for an
exemption based upon that description, it would qualify under 14
Cal.Admin. Code § 15308, which reads:
"Class 8 consists of actions taken by regulatory
agencies, as authorized by state or local ordinance, to
assure the maintenance, restoration, enhancement or
protection of the environment where the regulatory
process involves procedures for protection of the
environment. Construction activities and relaxation of
standards allowing environmental degradation are not
included in this exemption."
The foregoing exemption could not apply to this ordinance for
several reasons.
First, regardless of its characterization, the ordinance is
not adopted within a regulatory process which involves procedures
7/11/90
Page 13f
for protection of the environment. The program provides no
requirement for environmental review of building or demolition
permits. The argument in the staff report concerning historic
buildings is disingenuous. The ordinance creates a mandatory
demolition of buildings which are on the list and which the owner
refuses to retrofit. In that specific instance, the Historic
Preservation Commission will have no jurisdiction to apply its
discretion to issue or deny a demolition permit for such a
building.
Second, the ordinance mandates construction activities in the
form of retrofit or demolition. Thus, it is specifically excluded
from class 8 exemption status.
Third, regardless of whether or not the ordinance might
otherwise qualify for a class 8 exemption, it can not be exempted
if "there is any reasonable possibility that [it] may have a
significant effect on the environment." Wildlife Alive v.
Chickering (1976) 18 Cal.3d 190, 205, 206 and International
Longshoremen's and Warehousemen's Union v. Board of supervisors
(1981) 116 Cal.App.3d 265.
Ultimately the decision to approve the negative declaration
must be based upon a finding that no substantial evidence was
presented that the project or any of its aspects may cause a
significant effect on the enviro-ment. Certainly evidence in the
form of expert opinion was adduced at the June 13, 1990, public
hearing that the construction/demolition activities mandated by
this ordinance are likely to have a significant negative impact on
traffic and circulation, noise and housing during the implemen-
tation phase. Once the City as lead agency is presented with a
fair argument that the project may have a significant effect on the
environment, it must prepare an environmental impact report even
though it may also be presented with other substantial evidence
that the project will not have a significant effect. No Oil, Inc.
v. City of Los Angeles (1974) 13 Cal.3d 68 and Friends of "B"
Street v. City of Hayward (1980) 106 Cal.App.3d 988.
Aside from the "categorical exemption" argument, the staff
report argues that the negative declaration is proper because the
negative impacts of the project are temporary and minor compared to
the safety benefit gained from retrofit. While that may be an
argument in favor of passing a seismic retrofit ordinance, it does
not justify the adoption of a negative declaration as opposed to an
EIR. The standards set forth in No Oil, Inc. and Friends of "B"
Street, above, still apply.
Based upon the foregoing, it would be arbitrary, capricious
and an abuse of the Council's discretion to approve negative
declaration 687.
7/11/90
Page 13§
CONCLUS[ON~
The ordinance as proposed is a shortsighted attempt to deal
quickly and simplistically with complex issues that call for
careful analysis. As stated in the staff report, the City has no
obligation to act beyond compiling a list of URM buildings,
submitting the list to the state and notifying building owners of
the potential hazard. Mr. Dell'Angela's letter and accompanying
survey chart show that the vast majority of cities in the San Mateo
County area do not have an ordinance which mandates retrofit on an
inflexible schedule. Given the $500,000 or more cost that a
complete retrofit of the Metropolitan Hotel is likely to require,
the attached pro-forma demonstrates that the property will clearly
not support a retrofit within the seven year period proposed in the
ordinance.
At the June 13, 1990, council meeting, Mr. Drago suggested a
cooperative effort to implement a voluntary program of inspection
and engineering analysis of the nature and extent of the actual
hazards, if any, that exist in the identified structures.
Consideration of a retrofit ordinance is premature until that
measure is taken. You ar~e~_urged to table this matter and to take
a more reasoned approach to seismic safety.
Y~rs truly,
R~ K. ROGERS, JR.
RKR:ng
Enclosures
7/11/90
Page 13h
5
0202
Council Meeting - SSF 7/11/90
UNREINFORCED MASONRY BUILDINGS ORDINANCE
SUGGESTIONS FROM THE PUBLIC
Produce a realistic Negative Declaration.
Incorporate into the ordinance the incentives that you have
stated you felt were good ideas, ie: changes in bldg use,
exemption from setbacks and parking requirements for bldgs
that must be demolished, and increased square footage for
replacement buildings.
Involve the Planning Department in the draft aspect of the
ordinance, so that those concerns are addressed before the
ordinance becomes law and the clock starts running on it.
Have staff provide the public with complete reports and
draft ordinances early enough so that we have time to read
them and submit comments prior to the meeting where the
ordinance is to be introduced.
7/11/90
Page 13i
AGENDA ACTION TAKEN 0203
PUBLIC HEARINGS
11. Public Hearing - Continued.
PUBLIC HEARINGS
the agenda when Council had given clear
direction to staff a month ago to get a
contractor to cost out the engineering
and to get the cooperation of the
owners, and a handle on costs; do the
research, and then prepare an ordi-
nance for adoption.
He had asked if a survey was to be done
on approaches taken in other cities in
San Mateo County on how they were
addressing this very sensitive issue
and had been assured one would be done,
however, when the staff report was
distributed no such detailed report was
attached or made for comparison. He
took it upon himself to call the
building officials throughout the
county, and had made a chart of 12
cities in San Mateo County, and related
information on his findings (a copy of
the document is attached).
He stated that he didn't understand why
this ordinance was being ramroded
through without getting input from the
Planning Commission on incentives, and
why the Council didn't reject the ordi-
nance. He suggested putting off an
ordinance until the engineering cost
estimate, retrofitting and incentives
could be brought back to the Council.
Mr. Franklin Price, 700 Bantam Way,
Petaluma, questioned: why apartments,
homes, and warehouses were excluded
from the URM list; a building is pre-
sumed to be structurally inefficient
or unsound without having been examined
in any way such as 409 Grand Ave.;
officials came around after the earth-
quake and placed a sticker on the
building saying it was safe, then again
using two eyes, the City is now saying
that it is an unsafe building; the bur-
den of solving this problem is being
placed on a small group of commercial
owners rather than being spread
throughout the entire community; why
7/11/90
Page 14
Environmental Development Group
1818 Gilbreth Road, Suite 200
Burlingame, CA 94010
TEL: 415-692-9517
FAX: 415-692-2585
July 10, 1990
City of South San Francisco
City Council
P.O. Box 711
South San Francisco, CA 94083
RE' Proposed Unreinforced Masonry Building Ordinance, 6/29/90 Draft
July 11, 1990 City Council Agenda Item# 11.
Dear Mayor Haffey and City Council Members.
I am surprised that the Unreinforced Masonry Building (URMB) ordinance
has been brought back for introduction at your July 11, 1990 meeting
without first obtaining an engineering analysis of the URM buildings
in the City and without having the other detailed information which you
requested staff to obtain at your June 15th meeting. It appears that
an attempt is being made to ramrod this severe and unreasonable ordinance
through with incomplete information on the impact which such an ordinance
will have on affected properties. You should not allow this to happen.
This letter provides you with detailed information on how other cities
in San Mateo County and how the cities of Palo Alto and Sunnyvale, cities
mentioned at your prior public hearings, are dealing with the unreinforced
masonry building issue. I was assured by staff weeks ago that a compar-
ative survey was being prepared and would be available with. the staff
report for examination by the public. Unfortunately, such a detailed
report was not prepared or attached to the staff report. It is obvious
now why a chart comparing different cities approaches to this issue
was not prepared. Such a survey and chart would undermine the ordinance's
hard line approach.
Since no detailed comparative survey was prepared by staff, I decided to
prepare such a survey for you with:the:infohnation which'I had:obtained:
from building officials in San Mateo County and in the cities of Palo Alto
and Sunnyvale. This survey which is in chart rom is dated July 9, 1990.
I would ask that this letter and attached survey chart be made part of the
actninistrative record for your July 11, 1990 meeting.
SUMI~RY OF SURVEY INFORMATION
Of the 12 cities in San Mateo County, excluding South San Francisco,
which have unreinforced masonry buildings (URMB) in their com~Jnities,
9 cities or 75% of this total either have not yet adopted ordinances
or have an ordinance with no specitic time deadlinest'or URRB owners
tO retrofit their buildings.
7/11/90
Page l~b
Environmental Development Group
1818 Gilbreth Road, Suite 200
Burlingame, CA 94010
TEL: 415-692-9517
FAX: 415-692-2585
SSF City Council
UP~B Ordinance
July 10, 1990
Page Two
The cities of Burlingame, t4enlo Park and Colma have not adopted an
URt4B ordinance. The cities of Brisbane, San Bruno, Millbrae, San Carlos,
Redwood City, and Half ~on Bay have adopted ordinances which require
a "letter of intent" but contain no specific deadline dates for building
retrofitting if that is the intent of the building owner. This is a
reasonable approach which allo~s both the City and the building owner
the necessary flexibility to schedule retrofitting dates on the basis of
varying social, economic (capitalization schedules, availability of
financzng, etc.), and other considerations.
2 of the 3 cities in the County which have a mandatory ordinance, Belmont
and Daly City, have very few unreinforced masonry buildings in their
connJnities. Belmont has only 5 buildings and Daly City has only 5
buildings. Due to the small nunber of URr4 buildings located in these
cities, they are not good cities to make comparisons with South San
Francisco. The social and economic impacts are totally different.
Redwood City with its 28 UP~B and residential hotels such as the Sequoia
Hotel, might be a better comparison city for South San Francisco. It
should be noted that Redwood City has a voluntary-type ordinance with
no mandated retrofit dates.
The 5rd mandatory ordinance city is San Mateo. San ~teo's ordinance
is less severe zn its approach than th~ proposed South San Francisco
ordinance in that it does not include non-ductile concrete frame
buildings with unreinforced masonry wails" in its ordinance. This. type
of building was recently added as Section 15.28.0~(b) of the South
San Francisco ordinance and no~ includes the ~tropolitan Hotel type
of building which the San ~ateo ordinance does not include. Further,
the San ~ateo ordinance uses a flexible, staged retrofitting approach
which gives bonus time to building o~ners to retrofit if anchors are
installed in the buildings within a 2 year period. It is interesting
but not surprising that the 7/11/90 staff report presented to you on
this subject makes specific mention of the San ~teo, Belmont and
Daly City .ordinance requirements but fails to mention any other specific
cities and their voluntary-type approach to the UP~B issue.
The city of Sunnyvale, ~hich has 60 U~lbuildings on its list, has not
adopted an URt~ ordinance. In addition, historzcal buildings have not
been included on its inventory of unreinforced masonry buildings.
7/11/90
,Page
Environmental Development Group
1818 Gilbreth Road, Suite 200
Burlingame, CA 94010
TEL: 415-692-9517
FAX: 415-692-2585
SSF City Council
URI~B Ordinance
July 10, 1990
Page Three
- The city of Palo Alto, which had 51URMbuildings On its list, has had
a voluntary-type URMB ordinance since 1986. In the last q years, qO%
of these buildings have Voluntarily been brought into compliance With
the city's retrofitting standards. Further, building incentives have
been instituted to encourage owners of URM buildings in the downtown
area to retrofit. One incentive allows building owners to add 2,500
sguaFe feet o~ floo[ space or 1~ of the. exis~in9 building sRace,
wnicnever is less, to their building without having to provioe any
additional off-street parking. This and other incentive approaches
should be included in a South San Francisco URMB ordinance before it
adopted by the City Council.
I hope that the information contained in this letter and attached chart
is helpful to you in your deliberations on this very sensitive and
importanT subject., Thi§ letter 9iyes you a more balanced reRo. rt on what
other cities are ooing to deal w~th the issue of unreinrorceomasonry
buildings.
There are still many unanswered questions which you need specific answers
before a reasonable and effective URMB ordinance can be adopted in South
San Francisco. I hope that you will again insist that your staff provide
you with these answers before you allow a URMB ordinance to be placed on
any of your future meeting agendas.
I will be in attendance at your July 11, 1990meeting and would be glad
to answer any questions or otherwise assist you in your deliberations.
Sincerely,
Louis Dell'Angela, AICP
cc. City Clerk
7/11/90
Page 140
MARTIN METRO, INC.
1111 EL ~UR WAY · ~A~RAMENTO, CALIFORNIA 95B64
4600 Numaga Pass Road, Carson City, NV 89703
(702) 882 - 6717
0 08
METROPOLITAN HOTEL (MARTIN) BUILDING
Proforma
Schedule of Rents (latest tenancy)
261 Grand (vacant)
265 Grand (vacant)
216 Linden
218 Linden
220 Linden
Percentage excess
Gross Rents
9,228
24,000
3,936
6,000
9,000
38,987
91,151
Expenses - January 1 to December 31, 1989
G & A
(less: Depreciation, Maintenance,
Debt Service & Management) 18,210
Depreciation 7,074
Maintenance 960
Debt Service 0
Management 0
Total Expenses
Net Proceeds
26,244
64,907
TVB
6/18/90
7/11/90
Page i4e
AGENDA ACTION TAKEN 0, 09'
'-' PUBLIC HEARINGS
11. Public Hearing - Continued.
PUBLIC HEARINGS
the city was placing a financial and
emotional burden on the owners.
Mr. Alan Askar, 7031/2 Linden Ave.,
expressed concern: that the staff
report had not been made available to
the public until 1:00 p.m. today; at
comments made by Council and staff
after closure of the Public Hearing,
that Council should be reminded that
they were charged to represent all of
the people - not just the ones that do
not appear at meetings; that Council
should be made aware that staff was
aloof to the public; questioned who was
making public policy, and why elected
officials intentionally or uninten-
tionally acquiesce that responsibility;
that it was time to insist on an open
forum with full disclosure; it was time
to say a negative declaration with all
boxes marked no - was both unbelievable
and unacceptable; over adopting the
ordinance without issues being
resolved, etc.
He presented a list of suggestions:
1) produce a realistic negative
declaration; 2) incorporate into the
ordinance the incentives that you have
stated you felt were good ideas, i.e.,
changes in building use, exemption from
setbacks and parking requirements for
buildings that must be demolished, and
increased square footage for replace-
ment buildings; 3) involve the Planning
Dept. in the draft aspect of the ordi-
nance, so that those concerns are
addressed before the ordinance becomes
law and the clock starts running on it;
4) have staff provide the public with
complete reports and draft ordinances
early enough so that we have time to
read them and submit comments prior to
the meeting where the ordinance is to
be introduced.
Mr. Ed Rodondi, 225 Wildwood Dr.,
stated that he represented the
7/11/90
Page 15
AGENDA
PUBLIC HEARINGS
11. Public Hearing - Continued.
ACTION TAKEN
PUBLIC HEARINGS
buildings at 213, 219 Linden and 336
and 338 Grand Ave. He stated that when
the buildings were designated URM
buildings, it appeared that they were
designated for having been built prior
to 1946. He stated that one of his
buildings was built before 1946,
however, it was reinforced with
concrete steel with the exception of a
rear wall made of brick which was not
accessible to the public.
He felt that this ordinance would be
better utilized by first obtaining
engineering reports to determine
exactly, the extent of retrofitting,
and whether it was subject to retro-
fitting. He stated that the ordinance
had the State Historic Building Code
included which was flexible regarding
making acceptable levels of safety,
etc.
Councilman Nicolopulos opined that the
ordinance was not ready to go yet
because of unresolved issues: disputes
on safety and economic issues; that
economics should not be minimized; that
an unresolved ordinance was not needed;
that the Council had directed staff to
review mechanisms; that safety vs. eco-
nomic development needed a high focus;
that the negative declaration did not
address housing effects as an EIR would
have; that an ordinance should be held
off for a year until a structural
engineer had completed his findings on
the URM Buildings; that staff's idea
was just a pie in the sky; that the
City had complied with the State by
identifying the URM buildings, and any
supplemental action was up to the local
jurisdiction, etc.
Vice Mayor Drago stated that he had
asked staff what other cities were
doing in the County, and the response
was that we were going to be the last
city to act. He stated that in reading
7/11/90
Page 16
AGENDA ACTION TAKEN
PUBLIC HEARINGS
11. Public Hearing - Continued.
PUBLIC HEARINGS
Mr. Dell'Angela's survey he had found
staff's response not to be true. He
found that this concerned him because
Council made decisions based on what
staff said, and there had only been 40%
of the cities that had acted on and
only 15% had set completion dates.
He stated that the State did recognize
that there was a reasonable risk that
we all accept, and there were things to
decide in the future - such as basing
all URM buildings on the State Historic
Code. He again urged the Council to
not vote on the ordinance; obtain a
structural engineer for the analysis;
determine the costs, and get together
with the property owners to see if they
wanted to share the costs; set a date
for review of the analysis by February
1992; and decide the extent of the man-
datory retrofitting; and decide the
completion date which may not be the
suggested seven years, and then look at
an ordinance.
He questioned if the Metropolitan Hotel
would have been exempt if the Council
had voted on the ordinance two weeks
ago.
City Attorney Armento stated no, that
the ordinance as it stood would apply
but based on the comments that argue
that it would not apply - staff had
included the language that they claim
includes it for the first time.
Vice Mayor Drago questioned if the con-
fusion was on the URM non-bearing
walls.
City Attorney Armento stated that she
did not have the technical expertise to
answer that question, and proceeded to
speak on the definitions in various
City ordinances of URM buildings that
cities have adopted.
7/11/90
Page 17
PUBLIC HEARINGS
11. Public Hearing - Continued.
12.
Public Hearing - To consider ~$ ~
setting assessment rates for the
Willow Gardens Parks and Parkways
Maintenance District for Fiscal
Year 1990/91; conduct Public
Hearing; Resolution setting the
rate of $209.00 per unit per par-
cel.
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
Discussion followed: that the ordi-
nance had been taken from several City
ordinances and put together by the
Director of Economic Development, the
Chief Building Inspector, and the City
Attorney; on whether or not the owner
had the option to use the Uniform
Building Code or the State Historic
Code; whether to building in incen-
tives; referring the zoning issue to
the Planning Commission; having an
overall schedule for the engineering
analysis; find out the problem and
mitigate it; and referring zoning
issues to the Planning Commission.
City Manager Armas redefined the direc-
tion given by Council: draft an ordi-
nance that includes Option 2 and
increasing the general time frame for
the analysis only; and referring the
zoning issues to the Planning
Commission.
M/S Teglia/Drago - To direct staff to
draft an ordinance incorporating Option
2, increasing the general time frame
for the analysis only, and refer the
zoning issues to the Planning
Commission.
Carried by majority roll call vote,
Mayor Haffey voted no.
Councilman Penna returned to the
podium. He stated that he would again
leave the dais in that he managed pro-
perty in the area, had sold property
in the last twelve months, and
had received a commission.
Mayor Haffey opened the Public Hearing.
Director of Recreation & Community
Services Jewell presented a slide show
showing graffiti, litter and debris,
and the general disrepair of the area.
He stated that the area needed play
7/11/90
Page 18
AGENDA ACTION TAKEN
PUBLIC HEARINGS
12. Public Hearing - Continued.
(Cassette No. 3)
PUBLIC HEARINGS
equipment which had worn out and had
been removed. He stated that he had
met with property owners, and it was
agreed that some capital improvements
were needed, i.e., $9,000 for main-
tenance and $35,000 for improvements.
He stated that there was concern that
spending major dollars in this area
was a waste of time, and would not be
there long.
Mr. Jim Brusco, 635 Palm Ave.,
complained that many people had left
the meeting earlier, and now it was
midnight and the Council would hear the
item.
He suggested filling the holes in the
playyard with concrete and putting a
rubber mat down so the children will
not get hurt. He also suggested fixing
the roots of the trees because they
were beautiful, and putting a cage
around the water outlets so they would
not be vandalized.
He thought that $109 per unit for the
assessment was out of line. He stated
that he had originally owned the pro-
perty and had donated it to the City
for common greens - and now the City
wanted him to pay for its maintenance.
Mr. Richard Lyons, 30 Inverness Way,
Hillsborough, stated that he owned 4
4-plexes, and spoke of the neglect of
the area by the tenants and property
owners.
Mr. de Casare, 389 Heather Way, stated
that he owned 312 Susie Way and also
complained after the lateness of the
hour for this meeting. He also felt
that $800 for a 4-plex was too high,
and the City should go out to bid for a
new contractor which City staff should
monitor to make sure they do the work.
Mr. Ernie Gomes, 153 Shipley, Daly
7/11/90
Page 19
'-~ PUBLIC HEARINGS
12. Public Hearing - Continued.
PUBLIC HEARINGS
City, stated that he owned 979 Sandra
Court and complained that the City did
not cover the sprinkler heads which
created mud in winter and dust in
summer. He questioned how much money
the City was going to spend before
the residents see results.
Mr. Sylvester Sharma, 6 San Felipe,
stated'that he owned 987 Sandra Court
and protested any assessment when the
land had been donated to the City.
Ms. Karen Trask, 395 Susie Way,
complained of the City meeting that had
been set over a holiday weekend. She
stated that the property was owned by a
retired minister who needed the rent to
live. She stated that he had put up a
fence to shield the unsightly common
greens, and had been told by the City
that it was the owners responsibility
to maintain the trees and fences. She
stated that the agreement stated that
this was part of the contract for the
common greens, yet Code Enforcement
Officer Harris had told them to clean
up the garbage on the common greens.
Reverend Linamen, 832 Larch Ave.,
stated that Ms. Trask had spoken of his
property, and commended that he was not
satisfied with the lack of harmony in
City government. He asked how the
public could trust their elected offi-
cials when they can't get their admi-
nistrative people working along with
the community leaders we elect. He
stated that he did not trust the
leadership, because in the past 20
years the contract for the common
greens had not monitored.
Mr. Lyons suggested putting Willow
Gardens out to bid by itself with a
local contractor who would not be an
absentee landscaper.
Councilwoman Teglia stated that the
7/11/90
Page 20
^GE,O^ ^cTIo, T^KE, 02i5
PUBLIC HEARINGS
12. Public Hearing - Continued.
Councilman Penna Returned.
13. Public Hearing - To consider the
renewal of franchise agreement and
request by S.S.F. Scavenger Co.
for a rate increase; conduct Pub)ic
Hearing; Resolution - Continued
from the 6/13/90 meeting, and
PUBLIC HEARINGS
Council had realized for ten years
that the area was bad, and should have
brought in the owners. She stated that
they had consolidated the common greens
with one contractor, but had not made
any capital improvements and the
resultant condition was that of blight.
She stated that the City had to repair
the sidewalks and handle the existing
dangerous conditions.
Motion by Councilman Nicolopulos - to
continue the item.
Motion died for lack of a Second.
Vice Mayor Drago stated that if it did
not bother the surrounding area he
would let the matter go, and felt the
neighborhood should be part of the
decision making for the area.
Councilwoman Teglia stated that repair
of the sidewalks, railings, and steps
were a must and the City should move
forward with the safety factors and
have staff work with the owners.
M/S Teglia/Nicolopulos - To adopt the
resolution.
RESOLUTION NO. 99-90
Carried by majority voice vote,
Councilman Penna abstained.
Mayor Haffey asked that the protest
letters be incorporated into the record
of the meeting, and they are on file in
the Clerk's Office.
Councilman Penna returned to the
podium.
Mayor Haffey opened the Public Hearing.
City Manager Armas outlined the terms
of the ten year Franchise: City will
review Company's financial records;
Company to provide once a year cleanup;
7/11/90
Page 21
AGENDA ACTION TAKEN
PUBLIC HEARINGS
13. Public Hearing - Continued.
6/27/90 meetings.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGAREEMENT AND APPROVING A
RATE SCHEDULE FOR THE COLLECTION
AND DISPOSAL OF SOLID WASTE REFUSE
ITEMS FROM COUNCIL
PUBLIC HEARINGS
10% residential increase and an 11%
commercial increase, etc.
Mr. de Cesare stated that in San Bruno
the Scavenger Co. provided quite large
cans which could help the problem in
Willow Gardens. He stated that the
building next to his did not have gar-
bage pickups at 308 Susie Way, and he
called the Scavengers and they told him
to call the City. He stated that Code
Enforcement Officer Harris had said
that she would take care of it this
morning, and yet it was still there
this evening.
Mayor Haffey closed the Public hearing.
Councilwoman Teglia guaranteed that the
Code Enforcement Officer would do
something about the problem because
the service was mandatory.
She stated that the City had an
agreement with the Scavengers for large
cans and had backed down in 1986
because adequate landfill existed. She
stated that in 1990 there was not space
to dump garbage at Ox Mountain and they
had raised their fees - so larger cans
were not the answer.
M/S Penna/Teglia - To adopt the resolu-
tion; to approve a rate increase effec-
tive 7/1/90; to direct staff to
initiate a financial review of the com-
pany's operations.
RESOLUTION NO. 100-90
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Mayor Haffey stated that in reference
to Councilman Penna's request to cancel
the 8/8/90 meeting - it could not be
done because three members of the
Council would be visiting a sister city
7/11/90
Page 22
ITEMS FROM COUNCIL
ITEMS FROM COUNCIL
on 8/22/90.
Councilman Penna requested comments and
direction for the ALUC meeting to-
morrow in reference to the Kopp bill
and the Airport Land Use consistency.
Vice Mayor Drago stated that the City
stand was no opposition, but not all
out support. He stated that Daly City
was not satisfied with the bill and did
not support it at this time.
Councilman Penna stated that parcel 9
in the Terrabay Project had an
archiological site that was a natural
artesian well that supplied a lot of
water which will be pumped into the
sewer pipe and into the bay, and
requested that it be used for the
hotel.
He complained of insufficient infor-
mation on toxic site in reference to
the convention center site.
Mayor Haffey stated that construction
contracts were put out in Closed
Session.
City Manager Armas stated that the
prior use of the site involved fuel
tank, and there had been a pre-
cautionary retention of a firm for ana-
lysis. He stated there had been a
meeting with the landlord to determine
the responsible party, however, without
information staff was unable to
evaluate.
Councilwoman Teglia stated that her
concern was whether or not the owner
was to take care of it.
Councilman Penna did not think that the
Council should vote on it without
things being complete. He cited con-
cern: over seismic safety; whether
the building should be demolished; that
7/11/90
Page 23
^GE,D^ ^CTIO, T^XE, 0S'!8
.... ITEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
Closed session for the purpose of
discussion of personnel matters,
labor relations, property nego-
tiations and litigation.
ADJOURNMENT
ITEMS FROM COUNCIL
this information should be shared with
the Council.
Mayor Haffey stated that there would
be full information before the Council
voted on the matter, and so far there
had only been a cost estimate to expand
the building.
GOOD AND WELFARE
Mr. Prouty, 705 Hill, felt that Kopp's
bill was onerous to S.S.F., and the
Board of Realtors was looking at it
closely. He stated that it had passed
out of the Senate. He stated that it
impacts the Brentwood area, and CNEL
areas that Councilmembers Drago and
Teglia had been working on, etc.
CLOSED SESSION
Council chose not to hold a Closed
Session.
M/S Teglia/Nicolopulos - To adjourn the
meeting to Friday, 7/13/90, at 12:00
p.m., at City Council Conference Room,
City Hall, 400 Grand Ave., for a Closed
Session for labor relations.
Carried by unanimous voice vote.
Time of adjournment was 12:45 a.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya,~._C_l_'t_.y._C_!~l~
City of South San Francisco
APPRO~VE~. ~ . ~
~i:;a;f
;u fSanfeY sco
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral communications, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the Office of the City Clerk and are
available for inspection, review and copying.
7/11/90
Page 24