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HomeMy WebLinkAboutMinutes 1990-10-24 Mayor Richard A. Haffey Council: Jack Drago Gus Nicolopulos John R. Penna '-"Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS __.Commending Resolution for Jean Smith AGENDA REVIEW Mayor Haffey Requested: - Item No. 14 be continued. MINUTES City Council Municipal Services Building Community Room October 24, 1990 ACTION TAKEN 7:30 p.m. Mayor Haffey presiding. Council present: Council absent: Drago, Nicolopulos, Penna, Teglia, and Haffey. None. The colors were presented by Boy Scout Troop No. 281, and the pledge was recited. Rev. Barrie Blake, Aldersgate Methodist Church, gave the invocation. PRESENTATIONS Vice Mayor Drago read aloud the com- mending resolution that chronicled Ms. Smith's accomplishments while employed as the Director of Planning, and wished her a long and healthy retirement. AGENDA REVIEW City Manager Armas stated that there were no modifications to the Agenda. So ordered. Mayor Haffey stated that as he reviewed the staff report there was more than enough information on the executive management people, but no information on the two elected positions. He requested information be provided for those posi- tions by the City Manager's Department, as well as, an analysis and recommen- dation but also any information the Manager's Office has be provided to both the City Treasurer and City Clerk so they may make their own statement in regard to their compensation. He stated that the Council could not deal 10/24/90 Page i AGENDA ACTION TAKEN ~-'-AGENDA REVIEW ORAL COMMUNICATIONS AGENDA REVIEW in closed session with regards to elected officials - it must be done publicly, so he wanted all information turned over to the elected officials so they could make direct requests to the City Council. ORAL COMMUNICATIONS Mr. John Zaro, 537 Magnolia Ave., pre- sented a petition to Council signed by the current residents of the 500 block of Magnolia. He stated that a few weeks ago California Water Co. had laid a new water main pipe on Magnolia which hap- pened to be asbestos pipe. He stated that the residents take offense knowing of the current and possible dangers in future years through the use of asbestos materials. He stated that residents had spoken to the City Manager and Councilwoman Teglia at the Italian Games, and strongly believed that with Council's help the lower portion of the pipe would be installed with cast iron pipe. He stated that the residents were concerned citi- zens and taxpayers that needed Council help in trying to fight a public utili- ties company, and have the upper portion installed with the cast iron pipe or a replacement plastic pipe. He stated that he knew that it was expensive and Calif. Water would be hesitant to take out the installed pipe, but he reminded Council of problems and expense the School District had when he worked for them in trying to take asbestos out of the school structures as a health safety measure. He stated that the portion in question was approximately 2/3 of the block that runs from Park Way to 528 Magnolia Ave. where the old fire hydrant is, and they had installed a new line. Mr. Lawrence Zaro, 537 Magnolia Ave., expressed concern over the hazards of the materials used, and urged the Council to form a resolution to put pressure on 10/24/90 Page 2 AGENDA ACTION TAKEN --'ORAL COMMUNICATIONS ---COMMUNITY FORUM ORAL COMMUNICATIONS Calif. Water to remove the asbestos pipe from Park Way to Magnolia. He stated that he and other property owners were drinking bottled water rather than drink the pipe water with the asbestos fibers that could harm the lungs, liver and intestines. Mr. Chelso N. DeZordo, 548 Magnolia Ave., stated that he had lived here for 70 years, and the asbestos pipe that was laid in front of his property and half way down the street he was against. He stated that the Water Co. had made a big mistake by laying half of the pipe in asbestos and half in cast iron pipe, and the residents had complained bitterly until the project was stopped. He questioned if the street was going to be repaired because it was full of chuck holes up and down the street, and whether the Water Co. was going to repair it or the City. He stated that because of the potential dangers from the asbestos pipe he was drinking bottled water. He questioned what would happen to the asbestos pipe if there was a slight earthquake. Mayor Haffey stated that Councilmembers were concerned with regard to the street being repaired. He stated that any time the public utilities come in they are required to fix the street, so the street should be fixed. He continued, with regard to the asbestos in the pipes, he saw it as a serious concern, and suggested that Councilmembers Nicolopulos and Teglia work together with the Water Company and bring forth a recommendation or a resolution to solve the problem. He commented that he saw agreement from the the Councilmembers to his suggestion. COMMUNITY FORUM No one chose to speak. 10/24/90 Page 3 AGENDA ACTION TAKEN --CONSENT CALENDAR Motion to approve the Minutes of Special Meeting of 10/10/90, Regular Meeting of 10/10/90, and Adjourned Regular Meeting of 10/17/90. Motion to confirm expense claims of 10/24/90. 3. Motion to waive fees for the use of the MSB Social Hall and Atrium forgo Art-Rise, Inc. for their dinner/ ~ dance fund raiser on 4/27/91. 4. Motion to waive fees for the use of _~ the MSB Atrium and Community Room for the Order of American Hellenic Educational Progressive Assoc. (AHEPA) celebration of the 170th year of Greek Independence on 3/24/91. Motion to waive fees for the use of~J the MSB Social Hall and Atrium for the E1Camino High School Close Up Club fund raiser on 11/16/90. 6. Motion to waive fees for the use ofxo~ the MSB Social Hall for the South ~ San Francisco Youth Baseball Managers Association's fund raising dinner dance on 4/12/91. 7. Motion to accept the Magnolia ~o Center Second Level Improvements as complete in accordance with the plans and specifications. 8. Resolution authorizing the City ~ Manager to approve a sewer agreement with the City of San Bruno. A RESOLUTION AUTHORIZING EXECUTION OF AN INTERJURISDICTIONAL PRETREAT- MENT AGREEMENT WITH THE CITY OF SAN BRUNO CONSENT CALENDAR Approved. Approved in the amount of $2,168,024.89. So ordered. So ordered. So ordered. So ordered. So ordered. RESOLUTION NO. 150-90 10/24/90 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 0 Resolution approving a Housing Assistance Plan Annual Goal and authorizing submittal to the U.S. Department of Housing and Urban Development. 10. A RESOLUTION APPROVING A HOUSING ASSISTANCE PLAN ANNUAL GOAL AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Resolution authorizing request for~qq proposals for City computer system. A RESOLUTION AUTHORIZING ISSUANCE OF REQUESTS FOR PROPOSALS FOR COMPUTER SYSTEM ACQUISITIONS 11. Resolution authorizing the purchase a computer disk drive, and a ~ of budget amendment for the Police Department. A RESOLUTION AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT AND APPROVING BUDGET AMENDMENT 90-5 TO THE 1990- 1991 OPERATING BUDGET e Resolution approving a Housing Assistance Plan Annual Goal and authorizing submittal to the U.S. Department of Housing and Urban Development. A RESOLUTION APPROVING A HOUSING ASSISTANCE PLAN ANNUAL GOAL AND AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONSENT CALENDAR Councilwoman Teglia removed the item from the Consent Calendar for discussion. RESOLUTION NO. 151-90 RESOLUTION NO. 152-90 M/S Teglia/Nicolopulos - To approve the Consent Calendar with the exception of Item No. 9. Carried by unanimous voice vote. Director of Economic & Community Development Costello explained that this represented the goals of the housing assistance program for the next year and its submittal to HUD. Councilwoman Teglia questioned if it was essential to approve two of the elements this evening when the neighborhood strat- egy meetings would come up next week. CDBG Coordinator Roos stated that 10/31/90 was the deadline to submit the goals - which was a statutory deadline set by Congress, etc. 10/24/90 Page 5 AGENDA ACTION TAKEN 9. Resolution - Continued. ADMINISTRATIVE BUSINESS 12. Request for reconsideration from Spee Dee (James Siegler) and Genentech, Inc. regarding ZA-90-60 and ZA-90-61, respectively. 13. Request from Edward Collins (Liberty Market) to waive use permit application fee. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 153-90 Carried by majority voice vote, Councilmember Penna abstained. Councilman Penna stated that he had abstained because of his concern over some property he managed in reference to a potential conflict of interest. ADMINISTRATIVE BUSINESS City Manager Armas stated that if the Council chose to reconsider the items, they would be put on the first meeting agenda in November. Discussion followed: that each request would be treated separately for recon- sideration; that the Council should always give reconsideration upon request; whether the late hour of the meeting had led to the denial; Vice Mayor Drago was willing to listen as long as it is not considered as a change of mind; that the Planning Director had been pre- sent at the meeting even with the late hour; Mayor Haffey pointed out that the applicants had been at the late meeting and had chose not to speak, and he would not change his vote unless there was new information on each of the items, etc. Mayor Haffey stated that the Council would reconsider both items. Director of Planning proceeded to give background information: that Planning staff had received an inquiry in August from Mr. Collins about selling produce on the weekends in his parking lot; he had been told that a use permit was required; he had questioned the $670 processing fee when picking up the application; he had approached the City Council on 9/12/90 to have the fee waived; upon Council/staff direction, Mr. Collins had submitted a request in writing for waiver of the fee; 10/24/90 Page 6 AGENDA ADMINISTRATIVE BUSINESS 13. Request - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS history of other such requests including non-profit operations; problems that could arise from the application; staff needed Council direction. Mr. Collins stated that he did not have the money to pay the fee, and would not receive an economic benefit if this materialized. He stated that if there was a net profit generated it would go to the Oldtown Homeowners Assn. as a com- munity project for the welfare of the neighborhood. He understood that the Planning Commission had a number of concerns that he may not be able to meet, but the staff fees would be there regardless of whether this fee was waived and he was not adding to the burden and expense of the City. Vice Mayor Drago stated that if the City waived the fee, it would give the opinion that the use would be acceptable - which he had a problem with, and it would open the door to street and parking lot sales and resultant problems. He stated that he did not have a problem with the waiver, but he would vote against the use if it ever came before him. Councilwoman Teglia felt that if the use was granted it would require a great deal of time because of a thorough investiga- tion of the application, and the use was contrary to plans the Council had in relation to that neighborhood. She also stated that if the request was granted, then a street merchant could come in for the same consideration and it would open Pandora's box. Vice Mayor Drago felt that Mr. Collins' efforts were commendable but misdirected. Mayor Haffey felt that it was an inappropriate use, and if the Council waived the fee it would be sending the Planning Commission a mixed message, wherein they would think the Council 10/24/90 Page 7 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS .13. Request - Continued. 14. Resolution approving the Executive Management Compensation Plan, as ~' well as the City Clerk and City Treasurer Compensation Plan. A RESOLUTION APPROVING THE EXECU- TIVE MANAGEMENT COMPENSATION PLAN, AS WELL AS THE CITY CLERK AND CITY TREASURER COMPENSATION PLAN 'PUBLIC HEARINGS 15. Public Hearing - Formation of Shearwater Assessment District and Landscape and Lighting Maintenance Assessment District; Motion to terminate the proceedings. Councilman Penna Left the Podium: ADMINISTRATIVE BUSINESS wanted it approved because Council had waived the fees. He stated that he could not see having a farmers market on Linden Avenue. Councilmembers Nicolopulos and Penna agreed with the comments voiced, and were concerned about setting precedence in this matter. Mayor Haffey believed that Council had given direction to staff on a waiver -- in that there will not be a waiver. Continued to the 11/14/90 meeting under Agenda Review by Mayor Haffey. PUBLIC HEARINGS Director of Public Works Parini stated that the formation of the District had been requested by the owners of the pro- perty preparatory to any improvements being made in the development. He stated that the owners had decided not to proceed with the District at this time. Councilman Penna left the podium at 8:14 p.m. M/S Teglia/Nicolopulos - To terminate the proceedings for the formation of the Shearwater Assessment District and Landscape and Lighting Maintenance District. Councilman Nicolopulos questioned if there were loose ends on this project that the Council should be made aware of, and would the information be forthcoming. City Manager Armas stated that there would be discussion at a later time. 10/24/90 Page 8 AGENDA ACTION TAKEN '-PUBLIC HEARINGS ~15. Public Hearing - Continued. ITEMS FROM COUNCIL Councilman Penna Returned to the Podium: GOOD AND WELFARE CLOSED SESSION 16. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. !ADJOURNMENT 17. Request to adjourn the meeting to Wednesday, 11/7/90, at 6:30 p.m., in the City Council Conference Room, City Hall, 400 Grand Ave. for a Closed Session for the purpose of discussion of per- sonnel matters, labor relations, property negotiations and litigation; and the purpose of the meeting at 7:00 p.m. is: 1) Joint Meeting with the Conference Center Board on the Conference Center; 2) Report on South San Francisco Local Economy; 3) Report on Paid and Unpaid Leave Usage, and Overtime. RESPECTFULLY SUBMITTED, ~taya, C~ City of South San Francisco PUBLIC HEARINGS Carried by unanimous voice vote. ITEMS FROM COUNCIL No one chose to speak. Councilman Penna returned to the podium at 8:14 p.m. GOOD AND WELFARE Mr. Collins thanked the Council for their consideration, and also thanked them for taking him off the hook. CLOSED SESSION Council chose not to hold a Closed Session. M/S Teglia/Penna - To adjourn the meeting to Wednesday, 11/7/90, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Dr., for the discussion of the items noticed; and directed that the meeting be televised. Carried by unanimous voice vote. Time of adjournment was 8:16 p.m. APPRO City of South SanA~ra~cisco 10/24/90 Page 9 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. 10/24/90 Page 10