HomeMy WebLinkAboutMinutes 1994-10-05 Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
'--Roberta Cerri Teglia
Robert Yee
MINUTES
City Council '] 4 7
So. San Francisco Conference Center
255 South Airport Boulevard
October 5, 1994
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
OCTOBER 5, 1994
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 5th day of October
1994, at 9:00 a.m. in the South San Francisco Conference Center, 255 South Airport Boulevard, South San Francisco,
California.
Purpose of the meeting:
...... Closed Session - pursuant to GC 54957, to interview candidates for City Manager.
Dated:
September 29, 1994
City Clerk
City of South San Francisco
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Closed Session - pursuant to GC 54957, to interview
candidates for City Manager.
ouncilwoman Teglia Arrived:
ACTION TAKEN
9:00 a.m. Mayor Fernekes presiding.
Council Present: Drago, Yee and Fernekes.
Council Absent: Penna and Teglia.
Mayor Fernekes stated the City Clerk will not be
required to tape record this meeting.
Council adjourned to a Closed Session at 9:01 a.m.
to discuss the item noticed.
Councilwoman Teglia arrived at the meeting at 9:10
a.m.
10/5/94
Page 1
AGENDA
ACTION TAKEN
148
,..ouncilman Penna Arrived:
RECALL TO ORDER:
ADJOURNMENT:
Councilman Penna arrived at the meeting at 9:55
a.m.
Mayor Fernekes recalled the meeting to order at
5:30 p.m., all Council was present, no action was
taken.
M/S Drago/Yee - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 5:31 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, C~
,_q.City of South San Francisco
APPROVED.
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
tions, 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.
10/5/94
Page 2
Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
Roberta Cerri Teglia
Robert Yee
MINUTES
City Council
Westborough Community Building
Westborough Blvd. & Galway Dr.
October 5, 1994
',', 49
SPECIAL TOWN HALL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
OCTOBER 5, 1994
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 5th day of October
1994, at 7:00 p.m. in the Westborough Community Building, Westborough Boulevard and Galway Drive, South San
Francisco, California.
Purpose of the meeting:
Discussion of matters of public interest.
Dated: September 21, 1994
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
City Clerk
City of South San Francisco
ACTION TAKEN
7:10 p.m. Mayor Fernekes presiding.
Council Present: Drago, Yee and Fernekes.
Council Absent: Penna and Teglia.
Mayor Fernekes announced that Councilwoman
Teglia was attending an Airport Roundtable meeting
this evening.
Mayor Fernekes welcomed those in attendance and
asked the Acting City Manager to introduce staff.
Acting City Manager Martel introduced staff and the
City Clerk.
10/5/94
Page 1
AGENDA ACTION TAKEN
Discussion of matters of public interest.
10/5/94
Page 2
50
Mayor Fernekes stated that each speaker will have
an opportunity to speak on an issue for 10 minutes,
the respective staff member will respond and it will
be opened up for Council discussion.
Mr. Jerry Yee, Vice President of Westborough Way
Home Owners Assoc., stated one of their neighbors
asked the Police Dept. if we can control the traffic
flow on Valley View, from Gellert into Appian
Way, through the use of stop signs. He stated the
vehicles roar down the street and are a threat to
children and the residents.
Police Chief Raffaelli stated he would contact the
Engineering Dept. on the stop signs, because there
are standards to be met. In regards to the speeders,
he would assign radar vehicles in the area and get
back to Mr. Yee on the stop signs.
Mr. Charles Theiss, 2691 Donegal, stated he was a
Director of the Westborough Home Owners Im-
provement Assn. and would begin with the good
things the area received from the City: the lawn and
grass clipping pickups he wants to see continued to
make the City more beautiful; the harmony
amongst City Councilmembers when there were
many incidents where the City was against
Westborough and Westborough against the City;
more harmony between the District and the areas of
S.S.F. and this meeting is one means of fostering
that and getting a chance to meet the various people;
he thanked Park and Recreation Department for the
timely information the homeowners have been re-
ceiving on programs here at Westborough Com-
munity Center, plus information received in the mail
with information on programs, but it would be nice
to have a swimming pool; he thanked Council and
staff for being instrumental in getting this building'
up here and he liked to see it used for this purpose.
He related the bad things: although the Police De-
partment has been doing a commendable job on
response time to different incidents that have
occurred, he wanted to speak on the more recurring
problems of vandalism and burglary and definitely
about the traffic with the closure of Foxridge
School; the day care center is still at Foxridge and
wanted to see better enforcement, with more police
presence, continually as opposed to only at times
when an incident is happening; he wanted to see
better cooperation between the Unified School
AGENDA A~TION TAKEN
Discussion of matters of public interest.
10/5/94
Page 3
District and the City Council in regards to the use of
school buildings; right now the Scout Troop the
Westborough Home Owners sponsor has outgrown
the school and is meeting in San Bruno at the Naval
base; it would have been better if the area had more
timely notification of the meeting, because our
association was notified on the 27th of Sept., which
allowed us less than a week to gather information; it
would have behooved the City to get the infor-
mation out in a much more timely manner, because
our Association meets once a month and needs at
least 30 days to notify the residents.
Police Chief Raffaelli stated there is a lot of graffiti
that goes on, the kids are getting smarter and cagier
in putting up their monikers and, as the officers are
in the school and find the moniker, the officers take
care of it. Now they are not putting monikers they
are putting the initials of the gang and the police are
not able to readily identify the kids. This afternoon
the police arrested two individuals, but are not
always that lucky.
The kids hit with the graffiti and, in a couple of
seconds, are out of there. The City has a graffiti
ordinance and, after it is reported, within two days,
we paint it out. He explained that there are different
colors used that they paint out.
He had a print out of burglaries from January 1
through October and there were 14 residential, five
commercial and 62 auto burglaries in the night hours
that were committed by kids out late at night - at
one or two in the morning or four or five in the
morning, after they sneak out of the house. The
police do have success in catching the kids. This
was a group out of S.F. who hit various locations
and they had a special unit that caught them in the
Westborough area. Their method was to steal a car
from S.F., commit a burglary in Westborough and
leave the area. They had two such burglaries in
Westborough and we got them when they came for
the third burglary.
The closure of Foxridge, as far as traffic is con-
cerned, will be addressed when they address radar in
the area.
Acting City Manager Martel stated, in response to
the comment on timeliness of the advertising of the
Town Hall meeting, we previously selected another
AGENDA ACTION TAKEN
Discussion of matters of public interest.
10/5/94
Page 4
date, but, at the very last meeting, that presented a
conflict for a couple of Councilmembers. We re-
scheduled the meeting, ran ads on Cable Station 3,
sent out flyers to the Homeowner Associations and
ran an ad in the newspaper to try to enhance the
visibility of the meeting. She also faxed the meeting
notice to homeowners groups who called and the
City's Homeowners list had been updated to include
those groups for future notices, however, some
notices were returned, due to a lack of correct, cur-
rent addresses.
Mayor Fernekes stated he made two presentations at
the last two meetings on the problems between the
Council and the School District and he was trying to
get a resolution to the problem. He asked for a joint
meeting at the Municipal Services Building to air
their concerns and he sent a letter to the
President of the Board requesting we come together
and settle the agreement, because it is for the
community's benefit.
He stated a response was received today, not by
him, but by the Acting City Manager, saying there
is not sufficient time to meet. However, Council
would do its best to protect the community's
interests and Council's.
Ms. Alice Bulos, 2444 Liberty Court, stated she
called City Hall to notify them that her area was not
represented by a homeowners group and if notices
were sent to individual homes, insure that the neigh-
bors were alerted of the meeting to be held.
Mr. Bob Stevens, 2435 Tipperary, stated he was
Vice President of the Westborough Homeowners
Improvement Assn. He stated some time ago, when
Mr. Nicolopulos was on the Council, there had been
a promise to do a study on how to unjam the traffic
at Westborough and Gellert. He stated he was
seventh in line to make a left turn on Olympic,
was blocked by the cars stacked up and had the
sun in his eyes - which is a difficult situation.
He stated, at the time of the initial meeting, the
Assn. made the suggestion that a traffic light be put
in at Westborough and Olympic to stop the downhill
traffic with a light at Gellert to make a left turn and
allow people to get out from Olympic. Nothing
has been done. He continued at great length on the
traffic congestion, which could have been averted
AGENDA ACTION TAKEN
.___Discussion of matters of public interest.
10/5/94
Page 5
with the study and installation of a traffic light, that
would not be as poorly timed to hamper traffic as
the existing lights, which had been shortened in
time.
Councilman Drago stated Mr. Stevens was right
about the study and he wished he had the numerous
memos he had written to the City Manager about
improvements to the area. Most of the responses
say that the stop sign would not improve the situa-
tion at that corner. So, all Council can do is act on
the advice of the engineering staff.
Vice Mayor Yee stated that this was an old problem
and questioned if the Interim Director of Public
Works could have a study done on Gellert/
Westborough and Olympic to perhaps solve the
problems through improvements. He questioned if
45 days was sufficient for the study.
Interim Director of Public Works Wykoff stated he
thought so but, if it could not be done in 45 days, he
would so advise the Council.
Ms. Lydia Theiss spoke of traffic problems since the
closure of Foxridge School, with speeders on all of
the streets. She tried to back out of her driveway,
after checking if it was safe, and was hit by a car
and her car was dragged 90 degrees and the man
was not tagged for speeding.
She also questioned why the police were not ticket-
ing people who drive their cars onto their grassy
areas, as this was not common courtesy in a devel-
opment. People do this all the time, as well as
parking their boats, and, in the upper section of
Westborough, there is a huge boat in the grassy
area. Why can't the police ticket the people and get
the boats out of Westborough.
She stated there is a house at 2445 Tipperary that is
rented, has vehicles that have been sitting there for
years with flat tires, and questioned why the police
don't get the cars out of there.
Police Chief Raffaelli responded: in reference to
her being hit by a car - the law does not allow us to
issue a citation unless the officer witnesses the viola-
tion and then the District Attorney will file in Court;
if the man does not have a license the police can
cite that individual; they had written letters to
AGENDA ACTION TAKEN
Discussion of matters of public interest.
Councilman Penna Arrived:
10/5/94
Page 6
legislators to have the law changed; regarding the
abandoned vehicle - there is an abatement ordinance,
however, the vehicle must be less than $200.00 in
value and it takes 30 days for the process that ends
in towing the car; some people play games and
move the vehicle from time to time, however, he
would have the Tipperary addressed checked out.
Councilman Penna arrived at the meeting at 7:35
p.m.
Interim Director of Economic & Community Devel-
opment Beyer related statistics on code enforcement
activities.
Mayor Fernekes stated that he and Code Enforce-
ment Officer Harris went through a neighborhood
where there were complaints and pointed out some
code enforcement violations. Maybe it would be
good for Ms. Harris to drive through Westborough
neighborhoods.
Mr. Jerry Simotas asked why the police did not
work with the associations on their actions against
various people, so they could assist getting these
people to adhere to the rules.
He stated he was a Scout leader, Scouts were in-
volved throughout the community for the community
and felt, if nothing else, there should have been
phone calls to the associations to alert them to this
changed meeting, so there could be more resident
participation in this open forum. He stated that the
people elected the Council, it was not by the amount
of money spent on the campaign but by vote of the
people to help the City. He also questioned why the
police did not respond to calls on abandoned vehi-.
cles in a prompt manner and felt that, for 23 years,
there has been a lack of communication from the
police to the residents.
Police Chief Raffaelli stated they receive an average
of 100 calls a day and it is difficult to get back and
respond to complaints of abandoned vehicles.
Mr. Al Waters stated he found out about this meet-
ing through the senior center at Arroyo. He ad-
dressed the following issues: there were code viola-
tions all over Westborough; in the last ten years
many speculators were setting up board and care
homes in the Westborough area, yet he had signed a
A~ENDA ACTION TAKEN
Discussion of matters of public interest.
10/5/94
Page 7
155
covenant when he moved into Westborough that this
would be a residential area; they informed the
Board about the bed and care homes and were told
State law overrides covenants, because it had been
over ruled in the Courts; if he tried to sell his home
today he would lose $20,000 because of the elderly
care homes and half way houses that have ambulanc-
es coming at all hours with their flashing lights; one
home was changed inside and out, he called code
enforcement, they came out and checked out the
home two years ago. He never heard another word
from City Hall; etc.
He believed the Westborough Water District had
outlived its usefulness, because the residents were
paying tax to the City and paying the District to
pump sewage uphill. He wanted to know the City's
position tonight on the special district, because he
had questioned it in 1987 and was told it was too
late to change it. He was concerned that next door,
at Monte Verde, the sewage is pumped downhill and
they only pay $117.00 per year.
He was further concerned that the WQCP serves
Burlingame, Millbrae, San Bruno and part of Daly
City and it was told to him that S.S.F. does not have
the capacity for sewage for East of 101 develop-
ment. He stated he wanted the Special Water Dis-
trict dissolved and was tired of the run around and
the City ignoring the problem.
He attended a LAFCO meeting July 13th on this
subject and LAFCO wrote a letter to the Board of
Supervisors, with copies to the City. However,
there was not one representative at that meeting
from the City, which, in his mind, confirmed that
the City was ignoring the problem and hoping it will
go away.
He stated in 1995 or 1997 the bonds will be com-
pleted and it has been a heavy price. He has talked
to people all over the State and it was ridiculous that
one body was doing the sewage and another doing
the water, and the Grand Jury also recommended
disbanding the District. He stated that the residents
are paying for an attorney and a manager when all
of this could come under one body and save costs.
He was concerned that the sewage was coming from
the North County Sanitation in Daly City, yet the
residents cannot vote for those people and they
want to get rid of our area, etc.
AGENDA ACTION TAKEN
Discussion of matters of public interest.
10/5/94
Page 8
156
His other problem was with Park and Recreation:
they finally got this building through the diligence of
many Westborough homeowners; this took eight
years, going back to when Mr. Callan donated the
land; they fought for a senior center and a child care
center; the existing basketball court was a disaster
and someone could break a leg; if there were recre-
ation monitors in the park, there would be less need
for police to respond to incidences in the park; etc.
City Attorney Mattas responded to the comment on
board and care facilities: the facilities are for fewer
than six people and State law preempts City ordi-
nances and preexisting covenants; the City can
endorse all of its regular building codes that apply to
residential property; etc.
Ms. Patty Shelly, Westborough Water District,
related: in 1976 LAFCO recommended disbanding
the Water District but the decision was made to keep
it; they provide a service to the people in
Westborough; when Westborough was created, Paci-
fica didn't want us; Mr. Callan built homes and the
only place they could go for sewage was Daly City;
the District had a contract with Daly City that could
not be broken, except by mutual consent; Daly City
charges Westborough residents the same as Daly
City residents; we have an advantage because the
sewage rates are based on water use in January and
February and, if a resident cuts back during those
months, the rest of the year is cheaper; there have
been many letters from Mr. Waters, however, the
situation remains status quo, because the City does
not have a public water works; sewer charges are
found on the tax bill and do not go to the City of
S.S.F.
Mr. Philip Martin stated that he has lived in
Westborough for over 30 years and is concerned
about this water rate. San Bruno doesn't have to
pay a sanitation fee and sewage is not pumped up
hill. He felt Westborough was a part of the City
and should be treated the same as the rest of S.S.F.
He stated that he does use less water in January and
February and it does not make a change in the rest
of the year's bills. He stated that he was on
vacation for two months, yet the sanitation bill
remained the same.
He stated that when he moved to Westborough he
was given a long brochure from the Association of
AGENDA ACTION TAKEN
Discussion of matters of public interest.
10/5/94
Page 9
157
what he was supposed to do and not do in relation to
painting and any improvements. Yet, we have a lot
of rentals, whose owners do not belong to the Asso-
ciation, paint the homes any color they please and
he is paying for something he is not getting use of,
while these people are parking on the driveways and
in the grass. He did not know whether the Associa-
tions were responsible but sometimes the police
come by and occasionally ticket the cars.
City Attorney Mattas stated the City does not en-
force homeowners covenants and restrictions, they
are enforced by the Associations through their
attorneys.
Ms. Peggy Moore complemented the City on re-
placing the play area behind her home, it looks
wonderful and people enjoy it.
She stated that she lived on Greendale Drive and
there is a hazardous tree on her absent neighbor's
property, who she could not contact. The tree sheds
pine needles, which she considered dangerous, and
wondered if Parks and Recreation could do anything
about this tree that ruins her roof and clogs the roof
drains.
City Attorney Mattas stated, once again, if it is pri-
vate over hanging property then the City cannot
enforce or take action. Ms. Moore has rights as a
private property owner and could arrange to have
the tree trimmed and cut back to the property line.
He advised her to first consult with an attorney but
she did have the right to trim it to the property line.
Ms. Moore questioned if a reading room could be
added to the Westborough Community Room for
children to use in the evening.
City Librarian Dancy stated the budget does not
allow that, however, they could put some books
there if space is available. She stated the priority
right now, if money comes available, is to increase
the hours the library is open on Sundays. She stated
she would inquire into using the County mobile,
however, that required a contract.
Mr. Jerry Simotas stated he had helped in the design
of this building, however, it was not designed in the
way the residents wanted, because the office was to
be a study room with books.
AGENDA A~TION TAKEN
Discussion of matters of public interest.
10/5/94
Page 10
158
Mr. Elmore, 2575 Bantry Lane, asked when
Westborough could expect noise insulation. It was
his understanding that Westborough would be the
last area to be considered. He stated noise is haz-
ardous in all areas of the City, not just down in old
town, and again wanted to know when they can
expect to receive insulation from the noise created
from the Airport.
Interim Director of Public Works Wykoff stated
Westborough is in the later stages of the program
but could not specifically say when or if there will
be a program in this area. He would try to get back
to Mr. EImore to show the areas Council is ad-
dressing first.
Councilman Penna explained: the problem goes
back to a map of 1983, the Airport and the FAA
made a noise contour map of S.S.F. neighborhoods
that basically were the areas of Brentwood, Avalon
Park, Burl Burl, Winston Manor, stops at Gellert
and anything here in Westborough is not affected.
He explained how the noise levels had been deter-
mined, past and current maps in detail, and the sub-
sequent SFIA and FAA funding.
Director of Parks, Recreation & Community Ser-
vices Nagel stated Mr. Waters had discussed the
building being used for child care. There had
been a conflict and he had been told that the City
could not accommodate child care. He looked at
Foxridge for preschool, special classes and a wide
variety of uses for all day for Westborough partici-
pants, because there is a waiting list of 25 or 30
families. He stated all space was taken because of
the high demand for these classes, so they used a
small room at the Community Center, which is rent-
ed out on weekends and with after school programs.
He had been keeping the park staffed, even with
budget cuts, they were aware of the condition of the
basketball court and a retaining wall will be put in to
detour kids on their bikes. He stated they would
work on that during the winter and, if there was
enough interest, talk about additional courts.
Another play area would be put in. Bids will be
opened later in the month, for completion by the
first of the year, and it will enhance the area. He
stated Council approved the lighting of the tennis
court, he welcomed comments from the residents
and was aware of their concerns.
AGENDA AC_TION TAKEN
Discussion of matters of public interest.
10/5/94
Page 11
Ms. Ann Waters, 2266 Shannon Dr., stated the
Westborough Fund Raiser Advisory Group must
meet every month on the third Tuesday, last night
they could not get in and waited a half hour to get
into the room. The Committee is made of volun-
teers, she is the Chair, the Committee members are
coming from or going to work after the meeting and
she was losing members. She wanted to make sure
there was always access to the building on meeting
nights at the time originally scheduled.
Ms. Vigna Romaz, Shannon Drive, questioned the
status of the Carter Park development.
Interim Director of Economic & Community Devel-
opment Beyer stated the property is currently in
bankruptcy, the building permits have all expired
and there are several developers looking at the prop-
erty with the possibility of taking over the project.
Mr. John Brewer, 3817 Radburn, spoke of what had
been a small park with 15 children playing there.
The the park had been enlarged with all kinds of
playing apparatus and now there are 50 kids in the
park with much yelling and screaming. There is no
place to put litter and no trash containers. He asked
if some of the apparatus, the 10 foot high monkey
bars and arches, could be moved, because this is a
residential area - not a park.
Director of Parks, Recreation & Community Ser-
vices Nagel stated he personally designed that area.
After looking at the whole common greens there
were several play areas. After meeting with the
residents it was identified that some area would have
to have the play equipment that had the space and
access, which this area did. He could look at
signage for curfews, if they don't destroy the equip-
ment and signage in the park first, because it is
hidden in back of the houses.
Mr. Eugene Sims, Shannon Drive, stated he was on
the Board of Directors of Art Rise and wanted to
share his observations: he felt this town hall meet-
ing was a wonderful opportunity for the community
and the leaders to communicate with one another;
one of his nearby neighbors was using his garage as
a place to repair cars, which, on occasion, raises
a problem in backing out of his driveway; he
was becoming very frustrated with this business
going on in the neighborhood; he observed oil or
AGENDA _AC!IQN TAKEN
Discussion of matters of public interest.
assette #2)
ADJOURNMENT
10/5/94
Page 12
hazardous substances running into the gutter, called
City Hall and was told to contact the Health De-
partment and environmental health; he plays tennis
and some people do not respect their elders, such as
people on drugs coming by slurring comments to the
players, after which his friend left with a negative
image of this City; he was appalled with the graffiti;
called the Fire Department about an over growth of
weeds on a property and nothing was done; he urged
the Council to make something happen for the good
of the City.
Councilman Penna stated the hazardous substances
fall under code enforcement, they should not have
told you to call the County and there is an abatement
program also under code enforcement.
Ms. Lydia Theiss stated there were many times in
Westborough when the street lights are out for long
periods of time and there must be something wrong
with the connections or someone is not monitoring
the lights to see if they are working. She leaves her
porch light on most of the time, because the lights
across the street are out most of the time.
Interim Director of Public Works Wykoff stated
there has been a problem with the lights and the
maintenance is contracted out to PG&E. He did not
know all the details but it has been resolved in the
last two or three weeks.
Ms. Theiss stated the lights were not connected at
2601 Donegal and on Tipperary.
Interim Director of Public Works Wykoff asked Ms.
Theiss to call City Hall with the problem and if the
problem isn't fixed, then call him.
Mayor Fernekes thanked everyone for coming and
apologized for the lateness of the notification, which
will be corrected.
M/S Penna/Yee - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 9:10 p.m.
AGENDA ACTION TAKEN
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Clerk ~,/
City of South San Francisco
APPROVED.
J~s~eph ~ Fernekes, Ma.~
C~y of South San Francisco
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
tions, 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.
10/5/94
Page 13