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HomeMy WebLinkAboutMinutes 1990-12-12 Mayor Jack Drago Council: Richard A. Haffey John R. Penna Gus Nicolopulos --'Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room December 12, 1990 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 12th day of December 1990, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations, property negotiations and litigation. ~taya<~ City of South San Francisco Dated: December 6, 1990 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. ~i~' RECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cl~k 'City of South San Francisco ACTION TAKEN 6:35 p.m. Mayor Drago presiding. Council present: Haffey, Nicolopulos, Teglia, and Drago. Council absent: None. Council adjourned to a Closed Session at 6:35 p.m. to discuss personnel matters, and property negotiations as noticed. Mayor Drago recalled the meeting to order at 7:20 p.m., all Councilmembers present, no action was taken. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:20 p.m. AP~. ~ //City of South San Francisco 12/12/90 Page i A G E N D A A C T I 0 N T A K E N"'~'"'~Ul.~(~'}~'~ The entries of this Council meeting show the action taken by the City Council to dispose iof 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. 12/12/90 Page 2 Chairman Richard A. Haffey Boardmembers: Jack Drago Gus Nicolopulos John R. Penna .--Roberta Cerri Teglia MINUTES Recreation and Park District Municipal Services Building Community Room December 12, 1990 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Reorganization of the Recreation and Park District by the selection of a new Chairman. 2. Approval of the Minutes of the Special Meeting of 5/9/90. ADJOURNMENT: ACTION TAKEN 7:20 p.m. Chairman Haffey presiding. South San Francisco Recreation and Park District Boardmembers present: Drago, Nicolopulos, Penna, Teglia and Haffey. South San Francisco Recreation and Park District Boardmembers absent: None M/S Teglia/Nicolopulos - To nominate Jack Drago as Chairman. Carried by unanimous voice vote. M/S Teglia/Haffey - To approve the Minutes of 5/9/90. Carried by unanimous voice vote. M/S Teglia/Haffey - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:21 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, Clerk City of South San Francisco Recreation and Park District APPROVED. ~j~rYe:~i Son°UtahndS~r~r~:~Sr lC- ~t The entries of this Council meeting show the action taken by the Recreation and Park District 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. 12/12/90 Page i Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna !~Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room December 12, 1990 AGENDA ACTION TAKEN ADJOURNED REGULAR MEETING ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) 7:25 p.m. Mayor Drago presiding. ROLL CALL: Council present: Council Absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. 1. Presentation of Public Safety Awards. Fire Chief Feuerstein presented the following Certificates of Commendation and spoke of the heroic deeds of each of the individuals: John Herr; Bill Schermesser; Karen Gitter; Edwin Jonoubeh and Eddie Jonoubeh; Frank McAuley; and Dave Casagrande. Police Chief Datzman presented Certificates of Commendation to the following individuals: Edward Murillo; Police Officer Don Ibarra; Muhammed Shamim; and REACT (Radio Emergency Assoc. Communications Team). M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 7:38 p.m. RESPECTFULLY SUBMITTED, '~Battay~ · Barbara A. City of South San Francisco APPROVED.~ /x~ k~DrJgo, MayOr /~qty 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. 12/12/90 Page i Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna i~Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Beautification Awards ~Oob AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of the Adjourned Regular Meeting of 11/7/90; Adjourned Regular Meeting of 11/14/90; Regular Meeting of 11/14/90; and the Regular Meeting of 11/28/90. MINUTES City Council Municipal Services Building Community Room December 12, 1990 ACTION TAKEN 7:55 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The pledge was recited. Rev. Lynn Bowdish, St. Elizabeth's Church, gave the invocation. PRESENTATIONS Beautification Committee Members Mary Jean Vale, and Barbara DeMattei presented the following awards: Commercial - Denny's Restaurant; Multi-Dwelling - Villa Court Homeowners Assn; Residential - Luigi Ruggeri at 600 Rocca; Planting for Drought Years - Auera Villasica at 231 Holly. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Councilwoman Te§lia stated that this was the last Council meeting that the City Attorney would be attending as she was to become the City Attorney in Sunnyvale with a large staff, and wished her well. CONSENT CALENDAR Approved. 12/12/90 Page I AGENDA ACTION TAKEN ~'--~,ONSENT CALENDAR .2. Motion to confirm expense claims of 11/28/90. 3. Motion to accept the Railroad Avenue Sanitary Sewer Replacement Project as complete in accordance with the plans and specifications. 4. Motion to accept the Aircraft Noise Insulation Project Phase V(a) as complete in accordance with the plans and specifications. 5. Resolution authorizing a contract with EBA Wastechnologies for the preparation of a Solid Waste Management Plan; Resolution for a budget appropriation. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PREPARATION OF A SOLID WASTE MANAGEMENT PLAN A RESOLUTION APPROVING BUDGET ~l~0 AMENDMENT 90-8 TO THE 1990-1991 OPERATING BUDGET 6. Motion to waive fees for the use of ~ the Municipal Services Building ~0 l' Social Hall for the S.S.F. Unified School District "Annual Achievement Award Night" on 1/11/91. 7. Motion to waive fees for the use of ~0~~ the Municipal Services Building Social Hall and kitchen for the S.S.F. Italian American Citizens Club on 2/2/91. Motion to waive fees for the use of ~1 the Municipal Services Building ~0 Social Hall and kitchen for the S.S.F. Sister City Youth Group on 2/24/91. Motion to waive fees for the use of ~0~1 the Municipal Services Building Social Hall for the Alta Loma Junior High School Marching Band on 3/3/91. CONSENT CALENDAR Approved in the amount of $1,492,317.94. Approved. Approved. RESOLUTION NO. 171-90 RESOLUTION NO. 172-90 Fees waived. Fees waived. Fees waived. Fees waived. 12/12/90 Page 2 A G E N D A A C T I 0 N T A K E N~Z~U~~'~'$~.~'~. ~ !~ONSENT CALENDAR 10. Motion to waive fees for the use of ~\ the Municipal Services Building ~0 Social Hall for the S.S.F. Police Athletic League on 3/9/91. 11. Motion to waive fees for the use of the Municipal Services Building Social Hall for the Community Scholarship Association's Annual "Honor Graduate Night" on 5/31/91. 12. Motion to authorize the City Clerk.~ to cancel the regular meeting of 12/26/90. ADMINISTRATIVE BUSINESS Motion to consider a request to grant a 15 month time extension to 3/31/92 for the Shearwater Tentative Subdivision Map SA-87-91. 14. Motion to approve Request for Proposals from engineering and architectural firms to complete a structural analysis of the City's unreinforced masonry buildings. CONSENT CALENDAR Fees waived. Fees waived. So ordered. M/S Nicolopulos/Haffey - To approve the Consent Calendar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mayor Drago stated that the Council would continue the item and deal with it in Closed Session in conjunction with the Redevelopment Agency. Director of Economic & Community Development Costello stated that the request was for the Council to approve the request for proposals to obtain pro- posals from engineering firms to complete the structural analysis of the City's URM buildings, and other URM buildings that have expressed an interest in being included in the joint proposal. She briefly highlighted background that had led to Council direction on the request for proposals, etc. Councilwoman Teglia wanted the property owners to be alerted and informed that if they opt out - they still had the responsibility by ordinance for the ana- lysis to be made. Mr. Asker, 7031/2 Linden Ave., stated that he believed that the property owners had that responsibility, and thought the City 12/12/90 Page 3 AGENDA :--ADMINISTRATIVE BUSINESS .14. Motion - Continued. A C T I 0 N T A K E Nn ~; ~'~ ~rq~ © ADMINISTRATIVE BUSINESS should talk to each of the property owners and impress upon them what was coming down the pike. He questioned if the time frame could be extended for the submittal of bids to assure quality work. Councilman Haffey suggested that the date be extended to 1/22/91 because of the holidays. Councilman Nicolopulos questioned if Mr. Asker felt that the public had suf- ficient input through cooperative effort. Mr. Asker stated that the only contact with the City since the last meeting had been a letter asking if the property owners wanted to be involved in the program or not. He wanted to see closer cooperation, and would have liked to have some input in putting together the RFPs to ask that the engineers include in the bid the life safety aspect - such as tying the ceilings and floors to the walls. Mayor Drago questioned why the life safety retrofitting, rather than a full retrofit of a building, and wondered why that couldn't be put in the RFPs. Director of Economic & Community Development Costello stated that a phrase could be included in the RFP wherein, the Council made a specific decision to look at reasonable efforts of the least possible costs. M/S Haffey/Teglia - To approve Request for Proposals from firms to complete a struc- tural analysis of the City's unreinforced masonry buildings. Carried by majority voice vote, Councilman Penna stated that he managed property for some of the URM building owners and abstained on the vote. 12/12/90 Page 4 AGENDA ACT]~ON TAKEN ~LEGISLATIVE BUSINESS ,15. Motion to waive reading and intro- duce an ordinance approving a fare increase for taxi cab operators; and adoption of Resolution esta- blishing rates. AN ORDINANCE AMENDING SECTION 6.72.230 CONCERNING TAXICAB RATES OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ~1o9 A RESOLUTION ESTABLISHING TAXICAB RATES LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Director of Finance Margolis stated that the ordinance would change the methods by which fares are set - from ordinance to resolution, and it would approve a taxi cab fare increase for Peninsula Yellow Cab Co. She stated that Yellow Cab Co. had submitted a request for an increase because it had been nine years since there had been an increase. She stated that the same rate increase request had been submitted to Millbrae and San Bruno and their staff did not see a problem. Councilwoman Teglia questioned if there was a franchise or just what triggered the City's ability to control rates. Director of Finance Margolis stated that it was by ordinance. Councilwoman Teglia stated that Yellow Cab Co. had parking spaces on Grand Ave. that no one else had, and she wanted an opportunity to get those spaces back. Councilman Penna stated that there were two on Grand and a third one on Cypress. Councilwoman Teglia stated that Council and the Parking Place Commission had expressed concern over those spaces in the past. She stated that the spaces could be discussed during negotiations for the raise. City Attorney Armento stated that the ordinance merely establishes rates by resolution and did not preclude nego- tiations on the raise. Councilman Nicolopulos did not see a problem with the parking spaces, and felt that the agenda item did not address putting restrictions on the raise. Mayor Drago stated that all of the docu- 12/12/90 Page 5 AGENDA ACTION TAKEN ~ LEGISLATIVE BUSINESS 15. Motion - Continued. PUBLIC HEARINGS 16. Public Hearing - Consideration of.~ amendment to the Master Fee Schedule to increase ambulance transport fees; Conduct Public Hearing; Resolution approving Chapter I revisions. A RESOLUTION AMENDING CHAPTER I OF THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO 17. Public Hearing - To consider a recommendation to change the Basic Life Support Transportation /0 Services by utilizing a private ~ ambulance company; Open Public Hearing and continued to 1/9/91. A RESOLUTION OF AWARD OF CONTRACT FOR BASIC LIFE SUPPORT AMBULANCE TRANSPORT SERVICES (GOLDEN GATE AMBULANCE) LEGISLATIVE BUSINESS mentation was based on Yellow Cab, and questioned if there were any other cabs operating in this City. Director of Finance Margolis stated that there was only the one cab company. M/S Teglia/Haffey - To waive reading and introduce the ordinance. City Manager Armas stated that when the item came back for a second reading staff could present a resolution related to the rates and a report as to the discussion related to the parking stalls. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Fire Chief Feuerstein stated that the staff report reflected what the fees would be on 12/30/90 with some deletions. Mayor Drago invited those wishing to speak for or against the item to step to the dais - no one did, and he closed the Public Hearing. M/S Haffey/Teglia - To adopt the Resolution. RESOLUTION NO. 173-90 Carried by unanimous voice vote. Mayor Drago opened the Public Hearing, and continued the item to 1/9/91. 12/12/90 Page 6 A G E N D A A C T I 0 N T A K E N~0~'I~,,]',I!~. ~ '~..~ ---PUBLIC HEARINGS Public Hearing - ZA-90-58(a) To 'modify Title 20 of the S.S.F. Municipal Code to require addi- tional parking for single-family. homes exceeding 2,500 square feet; Conduct Public Hearing; Waive reading and introduce the ordinance on parking for residential uses. AN ORDINANCE AMENDING SECTION 20.06.200 AND SECTION 20.74.040 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO PARKING FOR RESIDENTIAL USES PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Acting Chief Planner Morton stated that this item arose from a Council request for the Planning Commission to study additions to living areas without addi- tional parking spaces. She stated that the resultant recommendation was that the current standards were fine, but there was a concern on larger additions that three spaces may not be sufficient for larger additions, and required an addi- tional parking space for additions over 3,000 sq. ft. which could be provided in tandem, etc. Councilman Haffey questioned why this had taken so long to come back to Council from August. Acting Chief Planner Morton stated that it had been coupled with the residential care facilities, and had to be made into a separate issue. City Manager Armas stated that both had been continued concurrently. Councilman Nicolopulos stated that if the home was extended 500 sq. ft. over the 3,000 sq. ft. that would require 4 parking spaces which he could see if it was an additional bedroom, but not for any other usage. Acting Chief Planner Morton stated that 500 sq. ft. allowed flexibility because they would submit plans for sewing room and another owner would use the space for a bedroom. Councilman Nicolopulos stated that there is no law now and it is happening, and putting on another garage -- will that stop it. 12/12/90 Page 7 AGENDA ACTION TAKEN '"'PUBLIC HEARINGS i18. Public Hearing - Continued. PUBLIC HEARINGS City Manager Armas stated that the City did not want to intrude into the home, but there were code enforcement items. Councilwoman Teglia related that a home on Escanyo was originally three bedrooms, and with an addition, it had been cut up into more bedrooms and there had been parking problems in the neighborhood. Councilman Penna stated that he had been the original Council person to request investigation into individuals enlarging their kitchen, family room, or other room, and not trigger another parking space. He felt that this added to the City's tax base, and more comfortable living for the individual. He stated that he was unhappy with the results of his request, because the Planning Commission wants to say that if you add 100 sq. ft. to a 2,500 sq. ft. home it requires another parking space -- that was not his request. He stated that if the Council was to discuss parking problems in a neighbor- hood they must consider that there are 3 bedroom homes of 1,200 sq. ft. with 7 to 8 people living in the home, yet there is nothing to say how many people can live in a home unless the Health Code addresses it. He stated that the MTC is going to minimize parking by forcing people to provide more car pooling. Councilman Haffey stated that it was not true that people could not add on to their home, and felt that a home of 3,000 sq. ft. was fairly massive already, and he supported the conclusions of the Commission. Councilwoman Teglia stated that many people had added on without exceeding the threshhold. Councilman Penna stated that there were houses in the City that had additions 12/12/90 Page 8 A G E N D A A C T I 0 N T A K E N O!..!~:~il ]i!~<q 'PUBLIC HEARINGS 18. Public Hearing - Continued. ITEMS FROM COUNCIL PUBLIC HEARINGS before 1986 with 2,500 sq. ft. that did not have two garages. Mayor Drago stated that the Commission had been asked to review the present ordinance and had gone beyond that to a more restrictive ordinance. He suggested the following to eliminate on street parking: an ordinance banning parking in residential areas between 2:00 and 5:00 a.m. He stated that this would also help the police to find suspect vehicles, and it would control people having 6 to 8 cars in a family and juggled the parking of the vehicles. Councilwoman Teglia thought it was a good idea and should be put on the ballet, but in the meantime leave things as they are. Councilman Haffey cautioned the Council that the issue tonight is this ordinance, and the other could be done at a study session. Motion by Councilman Haffey - To waive reading and introduce the ordinance. Motion died for the lack of a Second. ITEMS FROM COUNCIL Councilwoman Teglia gave an update: on the increase in booking fees the County will be charging all cities when they present prisoners for booking; that the charge will go from $90 to $115; that she is the Chair for the elected portion of the Committee; that there was a committee of City Managers, etc. City Attorney Armas stated that the faci- lity will operate at 1/2 the hours it know does from Sunday through Thursday from 7:00 p.m. - 7:00 a.m., and the remaining two days from 8:00 p.m. and 5:00 a.m., etc. Councilman Penna stated that he had seen 12/12/90 Page 9 A G E N D A A C T I 0 N T A K E N O! .!.'~ -'-ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 19. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ITEMS FROM COUNCIL the Mayor's letter, and the City Manager's staff report on fees to be paid for arresting and booking prisoners, and thought the Managers did a terrible job on behalf of the taxpayers and politi- cians. He stated that it all started when the State passed an irresponsible budget without public hearings and City input. He stated that 40% of the public's income went to taxes, and politicians should not allow staff to work out ways to raise these fees. He felt that there were other methods to be utilized rather than arresting people to save the fees. Mayor Drago stated that he had given testimony at a State hearing a week ago and had described the impacts of SB2587 that allows this. Councilwoman Teglia stated that it was irresponsible, but the State legislators can pass that authority to the County, and if the City refuses then there is litigation with the County. She stated that the police for the most part book on major offenses, and if the Predetention Facility is closed prematurely it would take officers off the street to transport prisoners. City Manager Armas stated on behalf of the City Managers, that he thought they had done a good job. Councilwoman Teglia requested that discussion of a draft ordinance prohi- biting smoking in facilities attended by children be put on the next agenda. GOOD AND WELFARE CLOSED SESSION Council adjourned to a Closed Session at 9:33 p.m. to discuss the items noticed and two Shearwater items. 12/12/90 Page 10 A G E N D A A C T I 0 N T A K E N~L~ <~I~I'~.~ '~ ?--RECALL TO ORDER: Councilman Penna stepped down from the podium. REDEVELOPMENT AGENCY MEETING RECONVENED: ADMINISTRATIVE BUSINESS Motion to consider a request to grant a 15 month time extension to 3/31/92 for submittal of precise plan for Phase I of Shearwater, and for all other items that may expire in the interim. (REDEVELOPMENT ITEM) 13. Motion to consider a request to grant a 15 month time extension to 1/9/91 for the Shearwater Tentative Subdivision Map SA-87-91. (CITY COUNCIL ITEM) Mayor Drago recalled the meeting to order at 10:10 p.m., all Council present, no action taken. Councilman Penna stated that he had only listened and had not discussed or par- ticipated in the Shearwater items. Councilman Haffey stated that apparently there was a FPPC ruling wherein Councilman Penna can not vote on this and must step down on items on which he will abstain. City Attorney Armento stated that the Council Handbook provided that when someone was abstaining, they will absent themselves from the dais. Councilman Penna stepped down from the podium at 10:12 p.m. Chairman Drago reconvened the Redevelopment Agency meeting at 10:12 p.m. to handle the two Shearwater items. ADMINISTRATIVE BUSINESS Director of Economic & Community Development Costello stated that the Mainspring Corp. had asked for a stay of expiration which State Law allowed when projects were involved in litigation. She stated that staff was recommending that the item be continued to 1/9/91. M/S Haffey/Teglia - To continue the precise plan of Phase I of Shearwater to 1/9/91. M/S Haffey/Teglia - To continue the Shearwater Subdivision Map SA-87-91 to 1/9/91. Mr. Cannizzaro stated that he and his Client's Counsel had a significant problem with the Motion which would ter- minate the tentative map. He stated that they had started with the premise that the tentative map should be 12/12/90 Page 11 AGENDA ACTION TAKEN ? '~DMINISTRATIVE BUSINESS ~ 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS stayed for the length of time of the lawsuit which was placed between the City and the Airport, and the request had been for 15 months to get everything fixed on the project. He stated that extension of the tentative map was controlled by State Law, and without that extension, because of the lawsuit, the defec- tiveness of the tentative map may in fact be jeopardized by the Motion. he requested that the Council not proceed with that Motion, in fact, extend the Tentative map for the 15 months even though he realized that staff was only recommending the month extension which they were not necessarily in favor of, but felt that would be better than con- tinuing the issue. Mayor Drago requested a clarification from the City Attorney. City Attorney Armento stated that she believed that whether or not the Council gave a one month extension to 1/9/91 or simply continued the matter to 1/9/91 that the map would be alive and still be considered a valid map. She stated that she did not believe there was a substan- tial difference between the two because the statute under which they made the request requires the Council act within 40 days of the request that is attached to the staff report and the date is 12/7/90, and 1/9/91 would be within 40 days. She stated that actually the sta- tutory section says within 40 days after receiving the application, so she thought there was plenty of time to deal with it on the 9th. She continued, on the other hand, if it would give a greater comfort level to the applicant she was not sure that there was a substantial difference in granting a one month extension and continuing it. Councilman Haffey stated that based on the Attorney's opinion that there was no substantial difference - he would like to 12/12/90 Page 12 AGENDA ACTION TAKEN '--ADMINISTRATIVE BUSINESS 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS call for the question. Councilman Nicolopulos questioned if staff had received anything from the Developer requesting the 15 month extension. City Manager Armas stated that attached to the staff report was a letter dated 12/7/90 from the applicant seeking the 15 month extension. Councilman Nicolopulos questioned the reason for the extension. City Manager Armas stated that the appli- cant had indicated that under State Law there was a provision that allows a map to be extended beyond its normal life if during the course of the life of the map there was litigation involved -- which there was in relation to Shearwater. He continued, consequently the applicant used that as the basis for the request for extension of 15 months. He stated that there had been correspondence in the past with the applicant preceding the 12/7/90 date, and had responded in posing a series of questions that in his view necessitated that they positively respond as well. Councilman Nicolopulos questioned if the 40 day period mentioned by the Attorney was equally understood by the applicant or was there some discrepancy as to when the 40 day starts, and ends. City Attorney Armento stated that if one looked at page 3 of the letter that was attached to the staff report the Council would see in the center of the page the summary or actual quotation of the provi- sion of the California Government Code. She stated that the last sentence says within 40 days of receiving the applica- tion the local agency shall either stay the time period for up to five years or 12/12/90 Page 13 AGENDA ACTION TAKEN '-'ADMINISTRATIVE BUSINESS 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS deny the requested stay. She stated that the Developer read the sentence in the same way that she did, however, they may differ in the application of that sentence. Councilman Nicolopulos questioned if the Developer agreed with the City Attorney's interpretation. Mr. Cannizzaro stated that they would like to interpret it the same way as the City Attorney does - we think that inter- pretation is arguable. He continued, it is that concern, that in the course of trying to put this project together some of the adversaries of the project will be looking for reasons that the project should not go forward; and in the absence of a conservative approach, i.e., to definately extend the tentative map it may be arguable that interpretation that the City Attorney has given would be not sustained in a Court action, and it is on that premise that we request that a con- tinuation action not be taken and we rely on the strength of the interpretation that the City Attorney gave in response to the question Councilman Haffey raised that in either case there would be no substantial difference as far as action by the City that is to extend the map or continue it. He thought that a con- tinuation action was a dangerous action in case somebody would want to find reason why the project should not go for- ward, and it is on that basis that we are asking. Councilman Nicolopulos stated that there was a difference and there was jeopardy in Mr. Cannizzaro's mind if not jeopardy in the Council's mind, and going on with the assumption, what assumption, what extension - not fifteen months, but what extension on this thing assures Mr. Cannizzaro to get that clarification. Mr. Cannizzaro felt that the original 12/12/90 Page 14 A G E N D A A C T I 0 N T A K E N L~? .~L<i,I ~ADMINISTRATIVE BUSINESS 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS recommendation by staff -- at least the recommendation set forth in a memo to Council - one that would give them some degree of comfort -- at least it is a definite action to extend to January 9th. Councilman Nicolopulos stated that the 9th gave the applicant some assurance that may be able to determine the corrective description by someone, Mr. Cannizzaro stated that was not the point, the point was -- we are of the impression after the other things involved have that need to be worked out, and we think extension of the tentative map until January 9th, will allow these other things to be worked out, but the important thing is - the action that is necessary to give us comfort and not jeopardize the project would be to extend the tentative map as opposed to a continuance. He stated that he was assuming, based on conversations with the City Manager, that the difficulties that have arisen con- cerning the project can be worked out by 1/9/91, and we are reluctantly agreeing to proceed on that basis, etc. Councilman Nicolopulos questioned the rationale in why the City Manager had not recommended the 15 month extension. City Manager Armas felt there was a series of issues that need some signifi- cant exploration, and given the time period in which we are in he would think those could take place; and consequently it was his view that could occur over the next month or so, and that was why he had selected this initial period in the recommendation wherein the Council could decide on 1/9/91. He stated that the debate between Councilman Nicolopulos and the applicant centered on the level of comfort or risk on extensions vs. con- tinuances and centers on their assessment 12/12/90 Page 15 AGENDA ---ADMINISTRATIVE BUSINESS 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS that the 40 day clock starts ticking earlier than we believe it does. Councilman Nicolopulos questioned if the City could have given the final map approval during the time the lawsuit bet- ween the City and the Airport was in place. City Attorney Armento responded, yes, it could. Councilman Nicolopulos further questioned, and is so, could the City have sold bonds for an assessment district that the Council approved during that time. City Attorney responded, yes. Councilman Nicolopulos continued questioning, if an item was on the Redevelopment Agenda also and if this expires, it is all gone and the applicant has to start from scratch again. City Manager Armas stated that the pri- mary issue was the tentative map that the Council was acting on now, and the Redevelopment Agency item followed but was not critical. He stated that the critical part was the map that the Council would act on. Councilman Nicolopulos stated that he was confused -- he thought the request was predicated on the Redevelopment precise plan which was in jeopardy now, and questioned why the stay of the tentative map had been included. City Manager Armas stated that when the Council acted on the Shearwater as the Council and as the Agency there was a need for extensions for both, and he proceeded to explain State Law. He stated that if the map was not recorded, then the precise plan becomes mute, and another application would have to be 12/12/90 Page 16 A G E N D A A C T I 0 N T A K E N 0'!.i~ ~ ~ '--'~DMINISTRATIVE BUSINESS .4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS submitted. Councilman Nicolopulos stated that the deadline was on 12/31/90, and he questioned what the Council could do to give assurance to the applicant that the project would be alive. City Manager Armas stated that the City Attorney advised that in her opinion, continuing this matter to January 9th preserved that opportunity, and the appli- cant has indicated that they believe that in handling it in that fashion a continuance will expose them to some risk at some future date and people would question on technicality the fact that the map remains alive during the interim period. Mayor Drago stated that there was a Motion and a Second on the floor right now to continue the item to 1/9/91. Councilman Niciolopulos questioned if any effort had been made by staff to alter the provisions of that map. City Attorney Armento stated that the tentative subdivision map had been awaiting the Developer's filing the final subdivision map -- which had not been filed, and that was what staff had been awaiting. She stated that at this stage there are no changes that anyone proposed to the tentative map, and the idea was that they would file the final map and people would check and see if the final map met all the conditions imposed on the tentative map, and the final map would be routinely approved as administarial action. Councilman Nicolopulos stated that there was a provision in the Shearwater plan that a conference center was included or has that been taken out of the project. City Attorney Armento stated that was 12/12/90 Page 17 A G E N D A A C T I 0 N T A K E N~''~ --'ADMINISTRATIVE BUSINESS 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS part of the specific plan of the Municipal Code Title 20, and there had been no discussion in regard to changing that. City Attorney Armas related: Council adopted a specific plan which delineated wide uses that could take place at that site, and identified a series of parcels on which those activities could take place; subdivision map was filed; ten- tative map was approved; staff had not initiated any amendments to any of those documents; applicant had indicated an interest in submitting an application to amend the specific plan, etc. Mayor Drago stated that when they got to the Redevelopment item they could go into that. He stated that he would feel more comfortable with a continuance because if they granted an extension it would end on 1/9/91, and there was a limit to how many extensions there could be. He questioned if they could ask for another extension after five years. City Attorney Armento stated that actually the law doesn't address that, the law says they can have an extension for a period not to exceed five years, so the way in which that extension is struc- tured -- the statute is silent on that. Mayor Drago felt that with the con- tinuance the extension would take place beyond that. Mr. Cannizzaro stated that was a more risky step to take and should the project be attack, and they lose on that basis, then with the number of investments by different people and significant legal action would be required. He believed that a more conservative way of dealing with this was to agree to a stay of the extension, etc. Councilman Haffey stated that he was con- 12/12/90 Page 18 ---ADMINISTRATIVE BUSINESS 4. Motion - Continued. 13. Motion - Continued. ADMINISTRATIVE BUSINESS cerned because this project had been on the drawing board for quite some time and he did understand that there had been litigation, and problems with financing and partnerships. He stated that the City had waited quite some time for a development and his choice now was to allow the map to expire, which was the reason for his motion - because of the history of the project. He continued, consequently there might be a better ten- tative map, precise plan in the future. Mr. Cannizzaro stated that the lawsuit that took place in 1985 went on for a period of more than 4 years, and there is a difference of opinion with the City Attorney as to whether an assessment district could have been put in place when that only left one year to put the bonds in place. He stated that Mr. Price had told him that if the project was not approved, and we lose the ability to proceed with the tentative map, he was no longer going to try to put a project together, because the first time he had gone bankrupt because of the City's actions, and was going to hold the City responsible for any loss in value that will occur on this project because of a loss of the ten- tative map, etc. Discussion followed: that the applicant preferred a stay until 1/9/91 - not a continuance, but if it was a choice of having the map expire or a continuance he would prefer the latter; Councilman Nicolopulos wanted to be sure of what was being voted on and be able to listen to all evidence and not make an immature decision, because he didn't want to face a lawsuit again. Neil Park, Esq. stated that the word stay in statutory language was not an exten- sion of the map - was not a continuance. He stated that if the map expired it was 12/12/90 Page 19 A G E N D A A C T I 0 N T A K E N ~ '-"ADMINISTRATIVE BUSINESS i 4. Motion - Continued. 13. Motion - Continued. REDEVELOPMENT ADJOURNMENT: 20. Motion to adjourn the meeting to Wednesday, 12/19/90, at 6:45 p.m., City Council Conference Room, 400 Grand Ave., South San Francisco for the purpose of a study session for discussion of the following: Conflicts of Interest; S.S.F. Local Economy; Paid and Unpaid Leave/Overtime. ADJOURNMENT ADMINISTRATIVE BUSINESS not a case of just applying for a new map, it was a new EIR, and back to square one. Councilman Nicolopulos requested a clarification of the Motion. City Clerk Battaya reaffirmed that the Motion was to continue the item to 1/9/91. Mayor Drago stated that if the con- tinuance was not granted, then the map expires. Motions and Seconds for both items carried by majority roll call vote, Councilman Penna abstained. M/S Haffey/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:54 p.m. M/S Haffey/Nicolopulos - To adjodurn the meeting to 12/19/90 at 6:45 p.m., City Council Conference Room, City Hall, 400 Grand Ave., for the purposes noticed. Carried by unanimous voice vote. Time of adjournment was 10:55 p.m. RESPECTFULLY SUBMITTED, ~aya, ~ City of South San Francisco Mayor~/ ~ o~!~ ~t~a~°anr Franci 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. 12/12/90 Page 20