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HomeMy WebLinkAboutMinutes 1991-03-13Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room March 13, 1991 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 13th day of March 1991, 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 discussion of personnel matters, labor relations, property negotiations and l~tigation. City of South San Francisco Dated: March 6, 1991 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. Councilman Nicolopulos Arrived: RECALL TO ORDER: ADJOURNMENT: ACTION TAKEN 6:44 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Penna, Teglia, 'and Drago. Nicolopulos. Council adjourned to a Closed Session at 6:44 p.m. to discuss the items noticed. Councilman Nicolopulos arrived at 6:50 p.m. Mayor Dra9o recalled the meeting to order at 7:40 p.m., all Council present, no action taken. M/S Haffey/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:40 p.m 3/13/91 Page i AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, ~t aya, ~ City of South San Francisco APPROVED. ~ 'ity of South SanCFrancisco 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. 3/13/91 Page 2 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS __Proclamation - Girl Scout Month AGENDA REVIEW ORAL COMMUNICATIONS MINUTES City Council Municipal Services Building Community Room March 13, 1991 ACTION TAKEN 7:42 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The colors were presented by Girl Scout Brownie Troop No.1357, and the pledge was recited. Rev. Barrie Blake, Aldersgate Methodist Church, gave the invocation. PRESENTATIONS Councilwoman Teglia read the Proclamation aloud and presented it to Ms. Janet Olson and Ms. Millie Fassier. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Ms. Wendy James, 222 Mosswood, gave an update on the Schumacher School of Dance efforts at fund raiser for the Russian/American exchange: promotion was going well, and they were looking for more contributors; 3/24/91 at 7:00 p.m. at the MSB there would be a fund raiser; entertainment would be provided, and TV 20 will televise the event. She concluded by having the young par- ticipants in the School sing "Say a Prayer for the Troops Over There." Mr. Lou Dell'Angela, Sister City Committee President, invited everyone to the Sister City meeting on Tuesday, 3/19/91 at Magnolia Center, and described 3/13/91 Page 1 AGENDA ACTION TAKEN 'ORAL COMMUNICATIONS COMMUNITY FORUM ORAL COMMUNICATIONS the program: Miss Christiana Bettucci will give a history of Lucca, Italy; Ms. Natalie Garcia will give a history on Atotonilco, Mexico; and Ms. Caroline Damonte will give a presentation on Sister City International. Miss Cynthia Barona, President Sister City Youth Committee, described the various youth programs and activities. COMMUNITY FORUM Vice Mayor Nicolopulos invited everyone to attend the annual flag raising cere- mony for the Order of Ahepa and the Daughters of Penelope for the Greek Independence celebration. He stated, "I would like to place my described agenda item on the next City Council meeting on 3/27/91 for Council analysis, evaluation and possibly imple- mentation. My topic concerns water, pres- ent drought regulations, and possible alternate options for what I feel is among our high priority problems. I would like the staff to prepare for Council a full and precise report on the Olympic Drive water leak problem about 10 years ago. Questions: 1. Today there exists a severe water drought in our area; 2) Analyze the Olympic Drive's unharnessed underground water which alle- gedly has been pumping about 35 gallons a minutes - has been flowing for 24 hours a day for the past ten years. Adversities make us stronger. I would like to determine if the City can turn a tragedy ten years ago into a positive success story today and assist some of the areas of drought problems - can we harness that much needed water? Is there a process we can improvise to turn a tragedy into a good project - an option to water our much needed landscape, and areas needed water to keep our City clean and beautiful. Please place on the agenda for two weeks from today." 3/13/91 Page 2 AGENDA ACTION TAKEN - -COMMUNITY FORUM CONSENT CALENDAR Motion to approve the Minutes of the Regular Meeting of 2/13/91, Adjourned Regular Meeting of 2/20/91, and Special Meeting of 2/27/91. Motion to confirm expense claims of 3/13/91. Motion to adopt an ordinance pro- hibiting smoking in facilities attended by minors; and an ordin- ance regulating automotive rental agencies in hotels. AN ORDINANCE AMENDING SECTION 8.50.030 TO PROHIBIT SMOKING IN FACILITIES ATTENDED BY MINORS AN ORDINANCE AMENDING SECTION ,~ 20.11.010 AND SECTION 20.11.070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE AUTOMOTIVE RENTAL IN HOTELS 0 Resolution modifying the Personnel Rules and Regulations. A RESOLUTION AMENDING RULES 1.26 AND 8.01 OF THE CITY OF SOUTH SAN FRANCISCO PERSONNEL RULES AND REGULATIONS COMMUNITY FORUM Discussion followed: that staff should get County Health to determine the purity of the water; not sure if enough infor- mation can be obtained in two weeks; whether the area was within the City's realm or in the Westborough Water District; that it is an underground well that is this City's jurisdiction; that the tragedy that occurred ten years ago was a Closed Session matter that involved lawsuits, and the City Attorney should review the matter; City Manager to work with the Mayor to agendize the item. CONSENT CALENDAR Approved. Approved in the amount of $1,340,620.11. ORDINANCE NO. 1096-91 ORDINANCE NO. 1097-91 RESOLUTION NO. 22-91 3113/91 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 5. Resolution amending compensation for Executive Management personnel and appropriating funds. A RESOLUTION AMENDING THE COMPEN- SATION PROGRAM FOR EXECUTIVE MANAGEMENT PERSONNEL A RESOLUTION APPROVING BUDGET AMENDMENT 90-14 TO THE 1990-1991 OPERATING BUDGET 0 Resolution authorizing assignment of agreement from Stanford Mid- Peninsula Urban Coalition to Project Sentinel for fair housing counseling. A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO ASSIGNMENT OF A CONTRACT BETWEEN STANFORD MID- PENINSULA URBAN COALITION AND PROJECT SENTINEL, INC. ADMINISTRATIVE BUSINESS 7. Funding request from S.S.F. Spirit Squad, and Resolution appropriating funds. o A RESOLUTION APPROVING BUDGET AMENDMENT 90-15 TO THE 1990-1991 OPERATING BUDGET Appeal of public nuisance at 300 ~)G E1 Cortez Ave, and Motion to affirm the decision declaring a public nuisance. CONSENT CALENDAR RESOLUTION NO. 23-91 RESOLUTION NO. 24-91 RESOLUTION NO. 25-91 M/S Haffey/Teglia - To approve the Consent Calendar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 26-91 Carried by unanimous voice vote. Director of Economic & Community Development Costello chronicled the history of the illegal addition: attempts to work with the owner to avoid having to raze the structure if it could be brought up to Code; abatement hearing held with owner and the City; declared the structure a public nuisance and a notice to abate was sent to the owner; owner notified of the appeal process; 3/13/91 Page 4 A G E N D A A C T I 0 N T A K E N .~ ~ADMINISTRATIVE BUSINESS 8. Appeal - Continued. ADMINISTRATIVE BUSINESS owner requested the addition be left in tact without a requirement to abate, or if the addition had to be removed - that they be given additional time. Carmen Flores, Atty., Legal Aid Society, explained: that her clients had bought the property in 1977; the current illegal addition had been present at purchase; they had been told that everything was up to Code; Mr. Madrone had been con- tacted by an Inspector from the City in 1982, and had been told that the addition had violations; Mr. Madrone thereafter became ill and uncommunicable; improve- ments had been made; again contacted by the City in 1988, and they had taken down some structures; Mrs. Madrone needed the addition for her son, because the two bedrooms were taken up by her ill husband and elderly mother that she cares for; client is willing to make improvements to bring it up to Code; looking for a loan from City to make structure legal; was told she would have to build upward to expand home which would cost $100,000 which she did not have; that there were four other illegal structures in her neighborhood that the City did not bother with; client needs additional time if the structure has to be removed, etc. Discussion followed: that this had been pursued for 21/2 years by staff; that a number of changes had been made to the property, including sheet rocking and windows to make three different rooms; that the additional square footage of living space had been removed by the City; the estoppel process indicated that Mr. Madrone had conversations with the City in 1982 on making the structure legal; that a variance was at the descre- tion of the City; from 1982-1989 an open patio had become enclosed bedrooms; permits had not been obtained; put a con- dition on the property in the event of a sale to abate the nuisance; that the existing structure could be returned to a 3/13/91 Page 5 A G E N D A A C T I 0 N T A K E N ~! i ~--t~ ~ !'-'ADMINISTRATIVE BUSINESS 8. Appeal - Continued. e Resolution authorizing an amendment to the PG&E lease agreement at 255 So. Airport to extend the term. A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO PG&E LEASE AGREE- MENT OF PROPERTY AT 255 SOUTH AIRPORT BOULEVARD ADMINISTRATAIVE BUSINESS patio status; continuing the matter to get more specific instruction from staff after negotiations with the owners; Council needed to set a date certain by which the unit is removed or converted to a legal use; what was the footprint of the patio in 1976 and in 1982 in reference to setbacks; that the Building Dept. had thrown out building addition plans; that these illegal additions violate health and safety codes, and should be abated, etc. M/S Teglia/Haffey - To allow staff to work with the applicant to either effect an abatement in 180 days or a reconstruc- tion that meets Code. Councilman Penna suggested correcting the problem by having a 3R type of report before a property is sold which shows all permits taken out for that property. Director of Economic & Community Development Costello stated that staff had performed some background work on that subject and would bring it to Council. Carried by unanimous voice vote. Director of Conference Center Carl stated that staff had been directed to explore extending this lease during a joint meeting with the Board, and PG&E was agreeable to extending it another nine years which would make it a concurrent lease with the building lease. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 27-91 Councilman Penna questioned if the 90 day release clause was still in the lease, and questioned why the lease was not attached to the staff report. 3/13/91 Page 6 AGENDA ACTION TAKEN -ADMINISTRATIVE BUSINESS 9. Resolution - Continued. 10. Motion to accept report and submit a letter to the San Francisco ~' Airport Commission on proposed ~ amendments to the San Francisco International Airport Noise Regulations. 11. Discussion of Senate Bill 226 ~ regarding aircraft noise. ~ ADMINISTRATAIVE BUSINESS Director of Conference Center Carl stated that it was. Councilman Haffey stated that the lease had been attached to a previous staff report. Carried by majority roll call vote, Councilmen Penna and Nicolopulos voted RO. Councilwoman Teglia complimented City Associate Planner Cordes for excellent monitoring on behalf of the City as was reflected in the report and the letter. M/S Teglia/Penna - To accept the report and submit a letter to the San Francisco Airport Commission on the proposed amend- ments to the San Francisco International Airport Noise Regulations. Carried by unanimous voice vote. Mr. Rubin, Senator Kopp's Office, stated that the intention of the Bill was to bring jobs and housing close together to relieve the traffic congestion and other problems on the freeways that are unable to contain the gridlock conditions of today. He stated that cities and coun- ties now have the ability to make the Bill mandatory in areas they control in terms of zoning, and it only applies to land zoned after the passage of the Bill, etc. Councilwoman Teglia stated that the City needed the Senator's help on the Boatwright Bill that was bogged down in Committee. She spoke in detail: on the imposition of booking fees; fee for the collection of property tax by the County; and suggested holding up support of the Bill until the next meeting. Councilman Haffey agreed with the Councilwoman, and felt it was a developer generated Bill which two years ago was 3/13/91 Page 7 AGENDA ~ADMINISTRATIVE BUSINESS 11. Discussion - Continued. ACTION TAKEN ADMINISTRATAIVE BUSINESS SB2405, and SB226 was just a new version of the same bill that he did not feel was of benefit to this City. Vice Mayor Nicolopulos disagreed with Councilman Haffey, and felt the Bill was set up to match houses with jobs - which was the key component in joint powers agreements that is consistent with traf- fic control measures. He believed that there would be laws to allow cities to have zoning areas close to transit. M/S Nicolopulos/Penna - To go on record to publicly approve Senator Kopp's Bill 226. Councilman Penna stated that this bill helps us have people who are developing new housing in the area to put in the necessary soundproofing, so that air- planes are not heard within the house. He stated that his in-laws live in the noise impacted area, and realized that there was a problem because of a lack of funds for insulation to take care of all of the homes. He stated that this made it mandatory to do the insulation and prohibits suing because insulation was done. Councilwoman Teglia stated that the bill started out as a single interest, Kohl Co., group, and the City had given their concerns about people's rights and the Senator had taken care of the language. She stated that this was not a major priority of the City, and she thought it should be examined over the next few weeks. She expressed concern over paying $180 every time we book a prisoner which the Boatwright Bill could help with which was why the Senator's help was needed in Committee. Vice Mayor Nicolopulos felt that this was one of the most important of priorities - transportation, clean air and gridlock. 3/13/91 Page 8 AGENDA ACTION TAKEN ........ ADMINISTRATIVE BUSINESS 11. Discussion - Continued. PUBLIC HEARINGS 12. Public Hearing - To consider Z^-90-58(b) - Amendment to modify Title 20~of the South San Francisco Municipal Code regarding parking standards for group care facili- ties; Conduct Public Hearing; Motion to waive reading and intro- duce the ordinance - Continued from the 1/23/91 meeting after opening the Public Hearing, and renoticed after 2/13/91 meeting. AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO RESIDENTIAL CARE FACILITIES (Cassette No. 2) ADMINISTRATAIVE BUSINESS Mayor Drago stated that the original bill had given the Council concerns, and the Senator had changed the bill to satisfy us, then the Governor had vetoed the bill. He stated that this bill covered the same items which he did not have a problem endorsing, however, he did not want to see a split vote and if waiting two weeks would give a 5-0 vote - he could wait. Vice Mayor Nicolopulos stated that Senator Kopp had candidly told the City that he did not think the Boatwright Bill would pass. Carried by majority roll call vote, Councilmembers Haffey and Teglia voted no. Mr. Rubin stated that he would take the messages back to the Senator. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago reopened the Public Hearing. Chief Planner Solomon stated that the staff report commented on issues raised: possible need for more parking for this use; protecting the character of an R-3 district from larger projects, etc. Councilman Penna questioned if placing these uses near transportation areas in lieu of parking spaces for patients had been considered. Chief Planner Solomon thought that was an optimistic view of the use of public transportation. Mr. Bob Vasquez urged adoption of Attachment B with the changes in Appendix A with the exception of making it one space for seven beds, and if not they 3/13/91 Page 9 AGENDA ACTION TAKEN - -PUBLIC HEARINGS 12. Public Hearing - Continued. 13. Public Hearing - ZA-90-64 to establish design and siting cri- teria for flag poles; Conduct Public Hearing; waive reading and introduce ordinance; item continued from the 2/27/91 meeting. AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO TO ADD SECTION 20.76.155 TO TITLE 20 OF THE SOUTH PUBLIC HEARINGS would try to work with the standards. Mr. Pat Nobis stated that i to 7 beds was not a problem, even in a R-3 District because these elderly people were not ambulatory, but were frail elderly that do not drive, etc. Mayor Drago closed the Public Hearing. M/S Haffey/Penna - To waive reading of the ordinance. Councilwoman Teglia was concerned about this use going into R-3 areas because they have medical personnel with cars. She felt they should be compatible and not blight an area. She stated that she and Vice Mayor Nicolopulos had attended a neighborhood meeting, and there was con- cern about parking and traffic on the street. She felt that a ratio over 1-5 was overly generous. Carried by majority voice vote, Council- woman Teglia voted no. Councilwoman Teglia changed her vote to aye so the entire ordinance would not have to be read. M/S Haffey/Penna - To introduce the ordinance. Carried by majority roll call vote, Councilwoman Teglia and Mayor Drago voted RO. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Chief Planner Solomon stated that the ordinance would allow staff to approve corporate flags and flag poles, where as now they require a type C permit, a $700 fee, and a hearing before the Planning 3/13/91 Page 10 AGENDA ACTION TAKEN PUBLIC HEARINGS ,13. Public Hearing - Continued. SAN FRANCISCO MUNICIPAL CODE REGARDING FLAG POLE STANDARDS ITEMS FROM COUNCIL 14. Request by Councilwoman Teglia to discuss joining other cities in retaining law firm to identify basis upon which to challenge imposition of property tax collection charges. PUBLIC HEARINGS Commission. Discussion followed: that a 30' height limit was standard for flag poles; that a corporate flag was like putting up a sign, etc. Mr. Charles Keiffer, 620 Telford Ave., stated that this item had been in the mill since Sept. for approval, and he would appreciate the Council approving the ordinance. Mayor Drago closed the Public Hearing. M/S Penna/Nicolopulos - To waive reading and introduce the ordinance. Mayor Drago commented that there were not Planning Commission meeting minutes attached, and requested in future minutes be attached on any item going to the Council. Carried by unanimous voice voice. ITEMS FROM COUNCIL Councilwoman Teglia stated that the Council of Cities had passed this at their last meeting, and that she and the City Manager served the organization in different capacities. She stated that this City would be the lead agency, and the fee formula was such that this City's share would be in the neighborhood of $1,400.00 for the attorney fees. M/S Haffey/Penna - To support the recom- mendation in regards to contributing support for a law firm to identify the basis on which to challenge imposition of the property tax colleCtion in conjunc- tion with other cities. Carried by unanimous voice vote. Councilwoman Teglia wanted investigation of a stop sign at corner of Walnut and Miller Aves. 3/13/91 Page 11 AGENDA ACTION TAKEN "ITEMS FROM COUNCIL ITEMS FROM COUNCIL She also wanted an agenda item for discussion of installment payments to City to pay for engineering analysis for URM buildings for those property owners who have a financial hardship. Councilman Penna stated that he had not participated in any manner with the discussion of URM buildings. GOOD AND WELFARE GOOD AND WELFARE No one chose to speak. CLOSED SESSION CLOSED SESSION 15. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. None held. ADJOURNMENT ADJOURNMENT ,' -16. Motion to adjourn the meeting to Wednesday, 3/20/91, at 7:00 p.m. in the City Council Conference Room, City Hall, 400 Grand Ave., So. San Francisco for a study session to discuss: 1) E1Camino Real Corridor Study; 2) Priorities for the Downtown/Central Redevelopment Project; and 3) Redevelopment Housing Fund Program. M/S Teglia/Haffey - To- adjourn the meet- ing to Wednesday, 3/20/91, at 4:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Ave., S.S.F. for a Closed Session at 4:00 p.m., and at 7:00 p.m. a study session to discuss the items noticed. Carried by unanimous voice vote. ADJOURNMENT Time of adjournment was 10:07 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk~ City of South San Francisco ~aJk Drago, Mayy6r ///City of South ~;an 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. 3/13/91 Page 12