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HomeMy WebLinkAboutMinutes 1991-05-22 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna -Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room May 22, 1991 AGENDA ACTION TAKEN ADJOURNED REGULAR MEETING ADJOURNED REGULAR MEETING CALL TO ORDER: (Cassette No. 1) 6:35 p.m. Mayor Drago presiding. ROLL CALL: Council present: Council Absent: Haffey, Nicolopulos, Teglia, and Drago. Penna Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. Council adjourned to a Closed Session at 6:35 p.m. to discuss the items noticed. Councilman Penna Arrived: Councilman Penna arrived at 6:37 p.m. RECALL TO ORDER: Mayor Drago recalled the meeting to order at 7:25 p.m., all Council present, no action was taken. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 7:25 p.m. RESPECTFULLY SUBMITTED, ~taya,~ City of South San Francisco APPROVED.~ ~ack Drago, Mayor~ ity 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. 5/22/91 Page i 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: AGENDA REVIEW Councilwoman Teglia Requested: - Add Item 20A - Predetention Facility Update. ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the Minutes of the Special Meeting of 5/08/91. 2. Motion to confirm expense claims~o)} of 5/22/91. MINUTES City Council Municipal Services Building Community Room May 22, 1991 ACTION TAKEN 7:32 p.m. Mayor Drago presiding. Council present: Haffey, Nicolopulos, Penna, Teglia, and Drago. Council absent: None. Boy Scout Troop #281 presented the colors, and the Pledge was recited. Rev. Landi, St. Veronica's Church. gave the invocation. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. So ordered. ORAL COMMUNICATIONS Ms. Alice Bulos, 2444 Liberty Court, invited everyone to attend the American Heart Assn. fundraiser on 5/23/91 at Tanforan from 4:00 to 7:00 p.m. Mr. Amado M. Villanueva, 168 Valleyview Way, stated that he was on the Board of Directors of the Heart Assn. and spoke of the need for the support of people for the benefit of heart research. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,519,650.95. 5/22/91 Page i AGENDA ACTION TAKEN .... CONSENT CALENDAR Motion to waive fees for the use of the Municipal Services Building Atrium on 6/2/91 by the American .~ Business Womens Assn. e Motion to waive fees for the use of the Westborough Park Building ~°q~ by Monte Verde Troop 183 Boy Scouts of America throughout the year. Be Motion to accept the Brentwood Street Light Improvements as complete in accordance with the plans and specifications. ~oq° 0 Resolution authorizing the work, approving specifications, and ~0~- calling bids for the Municipal Services Building Skylight Project. A RESOLUTION AUTHORIZING PLANS AND AUTHORIZING THE WORK, APPROVING SPECIFICATIONS, AND CALLING BIDS FOR THE MUNICIPAL SERVICES BUILDING SKYLIGHT PROJECT e Resolution approving plans and specifications and calling bids fo~o~0 the Forbes Boulevard Drainage Improvements. Be A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING WORK AND CALLING BIDS FOR THE FORBES BOULEVARD DRAINAGE IMPROVEMENTS Resolution appointing Bartle Wells Assoc. as financial advisor for the sale of bonds for the Water Quality Control Plant improvements. A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN BARTLE WELLS ASSOCIATES AND THE CITY FOR FINANCIAL CONSULTANT SERVICES Resolution establishing an admin-~o~ istrative record for action taken CONSENT CALENDAR So ordered. So ordered. So ordered. RESOLUTION NO. 48-91 RESOLUTION NO. 49-91 RESOLUTION NO. 50-91 Councilman Penna abstained on this item. 5/22/91 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR CONSENT CALENDAR 9. Resolution - Continued. 10. on 409 Grand Avenue URM appeal at ~q the 5/8/91 meeting. ~0 A RESOLUTION DETERMINING THE APPEAL OF HELEN PRICE FROM A FILING OF THE BUILDING BOARD OF APPEALS OF THE CITY OF SOUTH SAN FRANCISCO RE 409 GRAND AVENUE Resolution approving an Eighth Amendment to the Owner Participa- tion and Development Agreement for the Gateway Redevelopment Project, Homart Development Company. RESOLUTION NO. 51-91 A RESOLUTION APPROVING AN EIGHTH AMENDMENT TO THE OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT FOR THE GATEWAY REDEVELOPMENT PROJECT RESOLUTION NO. 52-91 Resolution establishing administra- tive policy for employees exempt from FLSA regulations. A RESOLUTION TO ESTABLISH FORMALLY ADMINISTRATIVE POLICY OF THE CITY REGARDING EMPLOYEES EXEMPT FROM THE OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT RESOLUTION NO. 53-91 12. Resolution appointing Michael J. ~q~ O'Toole as City Attorney. A RESOLUTION APPOINTING MICHAEL J. O'TOOLE AS CITY ATTORNEY RESOLUTION NO. 54-91 M/S Teglia/Haffey - To approve the Consent Calendar. Carried by unanimous voice vote, Councilman Penna abstained on Item No. 9. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS 13. Motion to approve the landscaping ADMINISTRATIVE BUSINESS Chief Planner Solomon stated that this 5/22/91 Page 3 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 13. Motion - Continued. of a portion of the County owned right-of-way along Hillside Blvd. in fulfillment of a condition of approval for Foothill Estates; ~o~ Standard Building Co., Inc. ~ 14. Motion to approve the fence and landscaping in the public right-of- way along the extension of Crestwood Drive in fulfillment of a condition of approval for Sunshine Villas; Standard Building Co., Inc. LEGISLATIVE BUSINESS >~Q~ 15. Motion to waive reading and intro- duce an ordinance establishing general right of appeals. AN ORDINANCE ADDING CHAPTER 1.28 ENTITLED "APPEAL" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE ADMINISTRATIVE BUSINESS item was before Council due to their con- dition to approve the landscaping plans for this project, and it was staff's recommendation that the approval be given. M/S Penna/Haffey - To approve the landscaping of a portion of the County owned right-of-way along Hillside Blvd. for Foothill Estates, Standard Building Co., Inc. Carried by unanimous voice vote. Chief Planner Solomon stated that this was like the earlier item in that it required approval of the fence landscape plan, and staff again recommended it be given. M/S Teglia/Penna - To approve the fence and landscaping the public right-of-way along the extension of Crestwood Drive in fulfillment, Sunshine Villas, Standard Building Co., Inc. Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Acting City Attorney Haile explained that the Municipal Code had specific appeal procedures, such as in zoning, but there were other chapters in the Code that did not specifically provide a procedure. He stated that the ordinance added a general appeals procedure to the Code to pick up those sections that do not other- wise have specific provisions, i.e., the alarm system provision in the Code did not have an appeal procedure. He stated that this came to light in the Price appeal where we had a situation where an appeal was filed but there was nothing specific to say that it should be filed 5/22/91 Page 4 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 15. Motion - Continued. 16. Motion to waive reading and intro- duce an ordinance establishing parking standards for residential care facilities. ~1 A REINTRODUCTION OF ORDINANCE)~'Ogl AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND REPEALING ORDINANCE NO. 1099-91 LEGISLATIVE BUSINESS and the like. He stated that this did not establish any new rights to appeal, but only establishes appeal procedures. M/S Nicolopulos/Haffey - To waive reading and introduce the ordinance. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Acting City Attorney Halle stated that it had been discovered that an ordinance was introduced, but a different ordinance was published and put into effect. He stated that this was to correct that situation to reintroduce the ordinance that was originally introduced on 3/13/91; and there was no necessity for a public hearing because this was only taking corrective action and nothing substantively would be changed from what was originally introduced. He stated that if the Council wanted to consider it again, it would have to continue it to a public hearing. He stated that as far as staff was concerned this was just correc- tive action to get the correct ordinance on the books. M/S Nicolopulos/Haffey - To waive reading and introduce the ordinance. Mayor Drago stated that he was still opposed to the ratio of beds to parking spaces because he felt it was too lenient, and he was not sure there were enough built in controls. City Clerk Battaya reminded the Mayor that if he or anyone voted against waiving the reading, then the whole ordi- nance would have to be read aloud. Motion and Second were withdrawn. M/S Haffey/Nicolopulos - To waive reading 5/22/91 Page 5 AGENDA ACTION TAKEN --LEGISLATIVE BUSINESS 16. Motion - Continued. LEGISLATIVE BUSINESS of the ordinance. Carried by unanimous voice vote. M/S Nicolopulos/Haffey - To introduce the ordinance. Councilwoman Teglia stated that this was something the Council did some time back to give residential care homes in the R-3 zone the ability to build buildings having seven beds and having only one parking space recognizing that those beds of themselves were not generating cars. She stated that this did not take into account the problems in that neighborhood with parking, and she felt it was a poor decision and wanted to go on record to say that she felt one parking space for 5 beds was more than generous, and felt the City was being generous probably at the expense of that neighborhood. Councilman Haffey wanted an explanation on the administrative error wherein Council had to go through the agony of another 3-2 vote which they will have to 9o through again when it adopted the ordinance; and would have to listen to the minority opinion again on this item. City Manager Armas related: you will remember there were a variety of ordinan- ces considered, in part, because there were different scheduling of public hearings and some changes in the process. He continued, the ordinance was intro- duced and came back for second reading. He stated that the incorrect ordinance containing the wrong parking ratio was presented to the Mayor for signature and was published and took effect. He stated that it came to staff's attention that we had made that mistake and the action this evening corrected that. Councilman Haffey stated that we will have voted on this 4 times and he hoped staff will be more careful especially on 5/22/91 Page 6 AGENDA ACTION TAKEN --LEGISLATIVE BUSINESS 16. Motion - Continued. PUBLIC HEARINGS 17. Public Hearing - Zoning Amendment ZA-91-66 and Negative Declaration No. 714 to change the Gateway Specific Plan Zone District to add provisions for expanded office/ sales/service and research and develop uses to allow athletic clubs for Homart Development Co.; Conduct Public Hearing; Motion to approve Negative Declaration No. 714; Motion to waive reading and introduce ordinance. AN ORDINANCE AMENDING CHAPTER 20.57 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RE GATEWAY SPECIFIC PLAN ZONE DISTRICT LEGISLATIVE BUSINESS these decisive issues. Carried by majority roll call vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Drago opened the Public Hearing. Chief Planner Solomon stated that this had come from the Planning Commission with the recommendation for approval to amend the Gateway Specific Plan Zone District to allow office sales and ser- vices and research and development uses as permitted uses in all but one of the Districts. He stated staff's concern over design issues on changing the image of the program from a high use to a low rise package and there were concerns about the architectural character of the new uses. He stated that the applicant had agreed upon the OPA and the amendment to the Precise Plan that would subject the plan to design review, and in addition the owner and staff were preparing some design guidelines to assure that the designs are consistent with the development, etc. Mayor Drago closed the Public Hearing. M/S Teglia/Nicolopulos - To approve Negative Declaration No. 714. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To introduce the ordinance. Carried by unanimous voice vote. 5/22/91 Page 7 AGENDA ACTION TAKEN '--'PUBLIC HEARINGS 18. Public Hearing - Consideration of the vacation of a public utility anchor easement at 400 Forbes Blvd.; Conduct Public Hearing; Resolution ordering vacation. A RESOLUTION ORDERING THE VACATION AND ABANDONMENT OF A PUBLIC UTILITY ANCHOR EASEMENT LOCATED AT 400 FORBES BOULEVARD, SOUTH SAN FRANCISCO, CALIFORNIA .__ITEMS FROM COUNCIL ~% 19. Community Development Block Grant~g~~ Funds for the Neighborhood Strategy Program (Councilman Nicolopulos). PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Director of Public Works Parini stated that the purpose of this action was to eliminate an unused small anchor easement located at the rear of 400 Forbes Blvd. which had been requested by the owner. He stated that staff had contacted all of the utility companies and they had no objection to the subject abandonment and it was unnecessary for present or prospective City uses. Mayor Drago closed the Public Hearing. M/S Haffey/Penna - To adopt the Resolution. RESOLUTION NO. 55-91 Carried by unanimous voice vote. ITEMS FROM COUNCIL Vice Mayor Nicolopulos read his memo dated 5/22/91 into the record (a copy is attached and a permanent part of the record of this meeting). Mayor Drago asked the City Attorney if the Council had to go back and do the CDBG Program again. Acting City Attorney Haile stated that this was an expression of the Councilman's wish to abstain. He stated that the minutes of the last meeting would not be changed and only showing in these minutes what the true intent would have been had he acted differently before; so this is an expression of his feeling on the matter and there would be no change on the past minutes. Councilman Haffey stated that he wanted to afford the Councilman that oppor- tunity, and hoped it was duly noted in the record that he abstained. 5/22/91 Page 8 ~ITY OF SOUTH SAN FRANCISL.~ INTER-OFFICE MEMORANDUM DATE: TO: FROM: SUBJECT: May 22, 1991 Mayor and City Council Vice Mayor Nicolopulos COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR NEIGHBORHOOD STRATEGY PROGRAM At the May 8 meeting, the Council approved the proposed expenditure plan regarding Community Development Block Grant funds. Included in this plan was an allocation of $30,000 to initiate a City-sponsored effort at improving our neighborhoods, with the area bounded by Chestnut, Tamarack, Commercial~and Orange specifically targeted for'this purpose. I own property inside the project area and although I voted to support the expenditure of funds as noted, during the interim I have reflected on whether my ownership of property creates the impression of a conflict of interest, I do not believe a conflict exists, and have had my opinion verified by the Acting City Attorney. I would, however, like to have the Council afford me an opportunity to change my vote from affirmative to abstention. In addition, I have indicated to the Mayor my intent to remove myself from the Council Subcommittee overseeing the Neighborhood Strategy Program. By this act I am not suggesting that a conflict exists. Rather, simply stated, I view it as a personal decision that I feel I need to make. Gu: Nicolopulos Vice Mayor GN:ad 5/22/91 Page '8a $S/205 (3/89) 20 rms C~NTFtAL ha. 5'oF? AGENDA ACTION TAKEN -ITEMS FROM COUNCIL 19. Community Development Block Grant Funds - Continued. 20. Appointments to the Personnel Board and the Historic Preservation Commi ssi on. ITEMS FROM COUNCIL Councilwoman Teglia stated that she also wanted him afforded that opportunity, and wanted to relate that she also sat on that Subcommittee and lived in the area. She stated that she had been advised by the Acting City Attorney that there was no conflict of interest and based on that would continue to participate. Acting City Attorney Haile stated that this action concerns some $30,000, $20,000 of which was to be available for grants for those who applied for money for improvements in the area and $5,000 was to go for dumpsters to be used for cleanup. He stated that he did not see how that could possibly be a financial gain to anyone of these two Councilmembers. Mayor Drago stated that Vice Mayor Nicolopulos had been replaced on the Subcommittee by Councilman Penna as of tonight. The Council appointed the following indi- viduals by majority written ballot: Adrian John Scaletti to the Personnel Board; and Victoria Von Schell to the Historic Preservation Commission. Councilwoman Teglia requested a brief recess before discussing the next item. Councilman Penna related the following: that at the last Roundtable meeting it had been decided that the Roundtable, after much discussion, would oppose any merger of the Airport Land Use Commission; that the Airport Land Use Commission has authority to develop and enforce land use around airports in San Mateo County; that the Roundtable was established as an open forum where people would be able to voice their opinions in regard to noise issues surrounding the Airport; that combining the two gave the City of S.F. an additional voice in San Mateo County on policies of land use; 5/22/91 Page 9 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL RECESS: RECALL TO ORDER: 20a. Report on Predetention Facility. ITEMS FROM COUNCIL Airport Land Use Commission is State man- dated and now becomes a subcommittee of C/CAG, etc. Discussion followed: lack of meetings of the Airport Land Use Commission when the maps were very much out of date; that RPC had been dissolved and all the Committees under it had been absorbed by C/CAG; that regional government was creeping in the back door; that this was not different from the Waste Management Plan; that the Roundtable serves different masters than the Airport Land Use Commission does; that the Roundtable was an agreement between member agencies to establish a forum to discuss issues of concern but has no authority; that C/CAG was replacing RPC; the committee will stay in place serving whatever purpose but substantive measures would go up the chain to C/CAG; that there was no interest in a potential merger; that if the maps were updated they would show that some of the cities would prove to not be impacted. Mayor Drago declared a recess at 8:12 p.m. Mayor Drago recalled the meeting to order at 8:20 p.m. all Council was present, Councilwoman Teglia gave the following information: Tuesday Board of Supervisors agreed to appropriate $162,000 to keep the facility open to the end of August, and the No. County Cities will hire the firm of Hughes & Heiss & Assoc. for $27,000 to look at other alternatives to booking services and transport of arrestees to the County; there was a twenty four member committee to oversee the study composed of the following for each of eight cities - one councilmember, one police chief, one city manager. She cited her concerns: JPA possibili- ties; contracting transportation ser- 5/22/91 Page 10 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL 20a. Report - Continued. ITEMS FROM COUNCIL vices; contracting for a number of cells at the PDF at a minimum cost or pooling the resources of the cities to have a holding facility somewhere in No. County. She stated that when she heard from a Daly City representative that we need to expand the possibility of other alter- natives, she had stopped dead and indi- cated that S.S.F. plans did not include any physical expansion of that facility. She stated that on 6/5/91 there would be a meeting with the consultant for direc- tion on his scope of work. She recom- mended that if in fact it does not go well, to do the following: if the scope remains the same - go forward, if not: 1) inform them we are out of the study, and will not participate financially or otherwise; 2) Inform them that we will be instructing the Police Department to cease booking at the No. County Center and accept that we are going to Redwood City starting immediately; 3) We will not be part of any future JPA regardless of what the study shows. Councilman Haffey stated that he hoped that the County will entertain No. County proposals, but he understood that the Councilwoman was talking about what do we do if that occurs and he felt the alter- natives were appropriate. He hoped that there would be cooperation and a plan that will work for all the cities, despite personalities, and Daly City would rethink it and participate along those lines. Acting City Attorney Haile stated that if there was some action to be taken Council should make a finding or a motion that this is something that has come up within the last 72 hours and has not been agen- dized and needs to be acted upon with a 4/5 vote. M/S Haffey/Penna - That the item be agen- dized because the Council made a finding 5/22/91 Page 11 AGENDA ACTION TAKEN ...... ITEMS FROM COUNCIL 20a. Report - Continued. GOOD AND WELFARE CLOSED SESSION 21. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. ADJOURNMENT ITEMS FROM COUNCIL that this item came up after the posting of the agenda. Carried by unanimous roll call vote. Mayor Drago stated that he had a concern with cities waffling on playing their share of the study and if it gets to that point it would not bother him if Council- woman Teglia walked out of the meeting because then the study is not as we agreed upon. Councilman Penna questioned if the cities wanted the facility to be expanded. Councilwoman Teglia stated that the pro- posal was not on the agenda, and the last creative idea that was put forth was a large facility to house felons who were drug problems which this City does not want. City Manager Armas explained, there was nothing concrete that suggested alter- natives beyond what the Council was fami- lar with, and the Councilwoman was saying that she wanted assurances that if the scope of work was expanded she wants to be in a position to say with confidence that our participation ceases, etc. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 8:35 p.m. 5/22/91 Page 12 ACTION TAKEN AGENDA ~-"RESPECTFULL¥ SUBMITTED, tBarbara A. Battaya, City C_~T~rk City of South San Francisco /x J~(ck Drago, Ma) y~ ~ity 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. 5/22/91 Page 13