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HomeMy WebLinkAboutMinutes 1996-05-08Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin tohn R. Penna Robert Yee MINUTES VOL. City Council Municipal Services Building Community Room May 8, 1996 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MAY 8, 1996 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 8th day of May, 1996, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Director of Personnel and City Attorney on labor matters for all Units. Dated: May 6, 1996 City Clerk City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Director of Personnel and City Attorney on labor matters for all Units. --'ECALL TO ORDER: RECESS: A2X!~ TAKEN 7:09 p.m. Mayor Yee presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. Council adjourned to a Closed Session to discuss the noted items at 7:10 p.m. Mayor Drago recalled the meeting to order at 7:34 p.m. Mayor Drago recessed the meeting until after the 5/8/96 Page 1 AGENDA ACTION TAKEN RECESS: - Continued. ECALL TO ORDER: ADJOURNMENT: Regular City Council meeting at 7:35 p.m. Mayor Drago recalled the meeting to order at 10:42 p.m., all Council was present. He stated that the regular Council meeting had a Closed Session on the same subject as discussed earlier and the Council would not continue this meeting. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:43 p.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco //Jack Drago, Mayor jCity of South San Francisco he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- uons, 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. 5/8/96 Page 2 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin -iohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room May 8, 1996 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS "'-"oclamation - National Safe Boating Week May 18-24, ~96 - Flotilla Commander William Murray ..ffg~ q Proclamation - Older Americans Month - Mr. Dag Ahlstrom Proclamation - Water Awareness Month - Christine .fl-0':/ Yalonte National Letter Carrier Food Drive May 11, 1996 California ReLease Tree Hero Award to Dennis Crossland ..qoq'7 Customer Services by Director of Personnel Susan Gon- zales AGENDA REVIEW City Manager Wilson Requested: - Continue Items 6 and 20 to the next meeting. RAL COMMUNICATIONS ACTION TAKEN 7:35 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. Rev. Neely, Grand Avenue Baptist Church, gave the invocation. PRESENTATIONS Councilman Penna read the Proclamation aloud and presented it to Flotilla Commander William Murray. Mayor Drago read the Proclamation aloud and presented it to Mr. Dag Ahlstrom. Councilman Yee read the Proclamation aloud and presented it to Ms. Christine Valonte. Councilman Mullin read the Proclamation aloud. Beautification Committee Member Peterson present- ed the award to Mr. Crossland. Director of Personnel Gonzales made a brief pre- sentation on the effort underway to improve the City's delivery of service and its commitment to excellence to better serve the community. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Tony Khorozian, 209 El Camino Real, ques- 5/8/96 Page 1 AGENDA AgX!~ TAKEN ORAL COMMUNICATIONS 5/8/96 Page 2 ORAL COMMUNICATIONS tioned when the City was getting the new ambu- lance. Fire Chief Stark stated it would be October or No- vember of this year. Mr. Khorozian related: the Council should not turn their backs on the senior citizens for they are paying more money to private ambulance companies, are complaining and want a second paramedic ambu- lance. Mayor Drago stated the Council recognizes that one ambulance is not enough and bought a second ambu- lance that will be placed in service and will make the City less dependent on the County. Mr. Ernie Molieri, 340 Alta Mesa, stated a month ago he requested transcripts of the public hearing involving the police officer be made public, the Mayor said that would take place and still that has not taken place. City Attorney Mattas stated he received the last portion of the transcript yesterday and they will be in the library tomorrow. He stated the transcripts totalled 700 or 800 pages. Mr. Molieri stated his other item is the investigation in the Police Department of discrimination and retaliation and he believes that should be made public for the City is paying for the investigation. During the public hearing there were a lot of things addressed and it was agreed it would be investigated in direct response to the public hearing. He hoped the Council will not hide the results of the investigation. He believes there are problems within the Police Department and its present structure. Again he asked if the investigation is or has been completed by the City Manager, regarding the allegations or discrimination, and will those be brought forward. Mayor Drago believed the investigation is still tak- ing place against certain officers and it will deter- mine action to be taken by the City Manager. When the investigation is completed, then whatever can be made public will be made public. AGENDA ACTION TAKEN COMMUNITY FORUM 5/8/96 Page 3 COMMUNITY FORUM Councilman Fernekes stated the San Mateo Times' front page had an article on the hillside sign making history as a historic resource and read quotes from the article. He thanked Historic Preservation Com- missioner Edna Harks for her efforts in Sacramento in this regard. Councilman Penna stated, as a child, he used to slide down Sign Hill on cardboard and he has done the same with his own children on Sign Hill. He spoke of a letter from Supervisor Lempert on the San Mateo County Violent Crimes Against Women Committee and his request to agendize it at a Coun- cil meeting. He proceeded to read from a task force report on the number of cases of domestic violence, expressed his concerns over this, as well as abuse of the elderly. He spoke of a meeting today he and Councilman Mullin attended with the Sister City Committee on a proposed fourth sister city - Pasig in the Philippines. He related: the meeting was interesting and helpful; the Committee felt a member of Council should go to the Philippines; the date of the trip is 6/27/96 through 7/8/96 and if a member of Council cannot go then assign a designee who is going; the airfare is $1,000.00; whoever goes would stay with the local families while there; the involvement is to participate in the affairs and festivities; the temperature is in the 90s and very humid and the recommendation is to wear a lot of tee shirts. Mayor Drago suggested agendizing the item for action at a future meeting on whether to join or not join into a sister city relationship. He stated the Committee should be aware that the City does not fund these trips. Councilman Mullin stated they had talked on general guidelines which would be brought to Council in defining the degree of responsibility, if they become our fourth sister city. He related: stopping by to observe the Christmas in April; there were 20 to 30 volunteers who renovat- ed, repaired and painted a house in the 300 block of A St. of a former employee of the School District; at the end of the one day activities, he felt this was a AGENDA A~TION TAKEN ORAL COMMUNICATIONS CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 4/10/96, Special Meeting of 4/17/96 and Regular Meeting of 4/24/96. 2. Motion to confirm expense claims of 5/8/96. 50 13 Resolutions directing the preparation of an Annual Report and approving the Preliminary Annual Report setting a public hearing for 6/12/96 for West Park 1 & 2 Parks and Parkways Maintenance District. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IM- PROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST ORAL COMMUNICATIONS remarkable achievement; suggested Council direct a letter to Christmas in April thanking them for the spirit of volunteerism. He thanked the City for the two large banners that will now be in the two high schools and then go to the middle schools to refocus the students and it was a moving experience to watch the torch being car- ried through the City. Mayor Drago related: this morning he participated in a unique program wherein Colombo's was the first liquor license issued in SSF in 1932; he thanked everyone who participated in the torch going through town because he feels it was an event to be remembered by all; SSF Scavenger Company paid for the 1,500 small flags and his thanks to Century 8, Treasurer Island Trailer Court, the high schools, Soroptomists and Cable TV, as well as City Depart- ments for making it go so smoothly and with his Branson trip made him very aware and proud of God and Country. Vice Mayor Fernekes thanked the Mayor for his efforts in the torch activities, and also felt it was a moving experience. CONSENT CALENDAR Approved. Approved in the amount of $1,779,107.32. RESOLUTION NO. 58-96 RESOLUTION NO. 59-96 5/8/96 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR Resolutions - Continued. PARK 1 & 2 PARKS AND PARKWAYS MAINTE- NANCE DISTRICT Resolution directing preparation of Annual Report and approving the Preliminary Annual Report and setting a public hearing for 6/12/96 for Willow Gar- dens Parks and Parkways Maintenance District. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT Resolutions directing the preparation of an Annual Report and approving the Preliminary Annual report and setting a public hearing for 6/12/96. .5' 32~ A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAIN- TENANCE DISTRICT Resolution approving the amended map of Carter Park One authorizing the recordation of the map and related documents. A RESOLUTION APPROVING THE AMENDED MAP OF CARTER PARK I CONDOMINIUM SUB- DIVISION AND AUTHORIZING RELATED ACTS Resolutions authorizing an agreement with the County declaring Westborough Blvd. a County Highway and agreeing to share construction costs for the resurfac- ~o 5/8/96 Page 5 CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Mullin. RESOLUTION NO. 60-96 RESOLUTION NO. 61-96 Removed from the Consent Calendar and continued to the next meeting by the City Manager under Agenda Review. AGENDA ACTION TAKEN CONSENT CALENDAR Resolutions - Continued. o ing of said street between Junipero Serra Boulevard and El Camino Real, and amending the 1994-1995 Fiscal Year Capital Improvement Program in the amount of $16,000 for the Street Resurfacing Pro- gram. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN MATEO DECLAR- ING THE PORTION OF WESTBOROUGH BOULE- VARD BETWEEN EL CAMINO REAL AND WEST ORANGE BOULEVARD A COUNTY HIGHWAY, AND ALSO AGREEING TO SHARE CONSTRUCTION COSTS FOR RESURFACING OF THAT PORTION OF WESTBOROUGH BOU- LEVARD A RESOLUTION AUTHORIZING BUDGET AMENDMENT 96-1 TO THE CITY OF SOUTH SAN FRANCISCO'S CAPITAL IMPROVEMENT BUDGET ALLOCATING $16,000 FOR THE STREET RESURFACING PROGRAM RELATED TO WESTBOROUGH BOULEVARD BETWEEN WEST ORANGE BOULEVARD AND EL CAMINO REAL Resolution authorizing the Public Works Director to execute State-Local Transportation Partnership Pro- gram Agreements with the State of California. SO~O A RESOLUTION AUTHORIZING EXECUTION OF STATE-LOCAL TRANSPORTATION PARTNER- SHIP PROGRAM AGREEMENTS WITH THE STATE OF CALIFORNIA Resolution amending the MOU between the City and the Police Association for a two year contract 1/1/96- 12/31/97 with a 2% salary increase effective 1/1/96 and a 4% salary increase effective 1/1/97 for sworn personnel and non-sworn personnel will receive 2% at age 55 and a 2% lump sum. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND POLICE ASSO- CIATION, FOR THE PERIOD JANUARY 1, 1996 THROUGH DECEMBER 31, 1997 CONSENT CALENDAR RESOLUTION NO. 62-96 RESOLUTION NO. 63-96 RESOLUTION NO. 64-96 RESOLUTION NO. 65-96 5/8/96 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution amending the Executive Group Compen- sation with a two year agreement from 7/1/95 through 6/30/97, a 2% lump sum and PERS 2% at age 55 for non-safety personnel, supplemental admin- istrative leave, etc. p-Or9 o A RESOLUTION AMENDING THE EXECUTIVE MANAGEMENT COMPENSATION PLAN 11. Resolution amending the Management Group Com- pensation Program with a two year agreement and PERS 2% at age 55 plan. D-O0o A RESOLUTION AMENDING THE COMPENSA- TION PROGRAM FOR THE MANAGEMENT GROUP PERSONNEL 12. Resolution amending the Confidential Unit Compen- sation Program with a two year agreement and PERS 2% at age 55 plan. p-ooo A RESOLUTION AMENDING THE COMPENSA- TION PROGRAM FOR THE CONFIDENTIAL UNIT PERSONNEL 13. Resolution approving an MOU between AFSCME and the City with a two year agreement, a lump sum payment and PERS 2% at age 55 plan, etc. p-O0 o A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND AFSCME, FOR THE PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1997 14. Resolution amending compensation for the City Clerk and City Treasurer pursuant to the Executive Group Compensation Program with a 2% lump sum and PERS 2% at age 55, supplemental administrative,._ I leave, etc. 5' 25 ¥ / A RESOLUTION AMENDING COMPENSATION PACKAGE FOR THE CITY CLERK AND CITY TREASURER Resolution amending the International Union of Oper- ating Engineers, Local 39, with a one year agreement and PERS 2% at age 55. p~oO CONSENT CALENDAR RESOLUTION NO. 66-96 RESOLUTION NO. 67-96 RESOLUTION NO. 68-96 RESOLUTION NO. 69-96 RESOLUTION NO. 70-96 5/8/96 Page 7 AGENDA ACTION TAKEN CONSENT CALENDAR 5. Resolution - Continued. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND INTERNATION- AL UNION OF OPERATING ENGINEERS, STA- TIONARY ENGINEERS, LOCAL 39, AFL-CIO FOR THE PERIOD JANUARY 1, 1996 - DECEM- BER 31, 1996 16. Motion authorizing acceptance of a grant agreement between the City and the Federal Aviation Adminis- tration for Phase XII of the Noise Insulation Proje~q 17. Resolution approving budget amendment for $85,000 related to the agreement with Griffith Grant Writing & Consultants, Inc. (GGW&C) ,.q/2 A RESOLUTION APPROVING BUDGET AMENDMENT NO. 96-15 TO THE 1995-1996 OPERATING BUDGET TRANSFERRING $85,000 TO THE CITY MANAGER'S BUDGET RELATING TO AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND GRIFFITH GRANT WRITING & CONSULTANTS, INC. (GGW&C) Resolution directing preparation of Annual Report and approving the Preliminary Annual Report and setting a public hearing for 6/12/96 for Willow Gar- dens Parks and Parkways Maintenance District..5",,3~t/ A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT CONSENT CALENDAR RESOLUTION NO. 71-96 Approved. RESOLUTION NO. 72-96 M/S Fernekes/Penna - To approve the Consent Calendar with the exception of Items 4 and 6. Carried by unanimous voice vote. Councilman Mullin explained the Consent Calendar to his pupils in the audience and asked staff what kinds of plans are in the offering. Director of Parks, Recreation & Community Ser- vices Nagel stated the plans have been in existence since 1992, bonds were floated and he had met with the property owners who decided to pay for the im- provements up front rather than over a number of years. Discussion followed: the maintenance responsibility rests with the City; another item on the Agenda concerns the 10' strip; was the common greens strip improved and was the irrigation a part of it; there were no improvements to the slope; the common greens were originally put in by the Subdivision 5~8/96 Page 8 AGENDA ACTION TAKEN Resolutions - Continued. PUBLIC HEARINGS 18. Public Hearing - PUD-95-50 and SA-95-112 Planned Unit Development and Subdivision to allow 84 single family dwellings (80 new and 4 existing) on a 12.75 acre site at 519-635 Chestnut Avenue, in the R-2-G-P Medium Density Residential Zone District in accor- dance with SSFMC Titles 19 and 20, and Mitigated Negative Declaration No. 804, Chestnut Estates, Standard Builders Co., Applicant; Public Hearing opened on 4/10/96 and continued, hear testimony, close Public Hearing, Motion to approve Mitigated Negative Declaration No. 804, and Motion to ap- prove SA-95-112 and PUD-95-50 based on the find- ings and subject to the conditions in the staff report. Developer, but this is in addition to the original subdivision; if the 10' strip was eliminated, would it reduce the assessment; no, it was set up in 1992 and the debt service must be paid. M/S Mullin/Fernekes - To adopt the two Resolu- tions. RESOLUTION NO. 73-96 RESOLUTION NO. 74-96 Carried by unanimous voice vote. PUBLIC HEARINGS Councilman Penna stated his property is near this site and he must abstain on the item. City Attorney Mattas stated there was a presumed conflict and Councilman Penna should abstain. Director of Economic & Community Development Van Duyn stated he had notified property owners by mail and a copy of the notice was provided in the staff report. He addressed his comments to the issues raised by Council at the last meeting involving the interface between the proposed project and the Willow Gar- dens Common Greens: staff looked at alternatives to the modified proposal and the retaining wall adjacent to the apartments; the original submittal includes three tiers of crib walls, a 3 foot high wall at the base with two 5'6" tall walls behind and a six foot high wood fence at the property line; Willow Gardens slope proposal is for a I0' slope portion of the Common Greens into the proposed development; a Willow Gardens slope in-fill and install a 21' tall retaining wall system with a six or eight foot high fence/wall on the existing property line; the appli- cant has indicated a willingness to construct either Option 1 or 2, but has serious concerns about the costs and resulting downslope design considerations presented by Option 3; concern about crib walls; how the rear yards of the four existing homes along Chestnut Avenue would be incorporated into the new streetscape along Nursery Way; concern that the proposal includes only a single access point from Chestnut Avenue; the project includes widening of Chestnut Avenue and installation of curb, gutter, 5/8/96 Page 9 AGENDA ACTION TAKEN PUBLIC HEARINGS 8. Public Hearing - Continued. 5/8/96 Page 10 PUBLIC HEARINGS sidewalk and landscaping improvements within the City's right-of-way; a condition of approval requires that the developer be responsible for maintaining the landscaping for three years after installation and then becomes the City's maintenance responsibility; the Commission recommends the Council approve the proposed project and give consideration to working with the project sponsor to acquire the Willow Gar- dens Common Greens slope easement to mitigate existing privacy/nuisance concerns on neighboring properties and improve privacy for future homeown- ers in Chestnut Estates; the Applicant has another alternative to present tonight; Council was presented with a petition tonight from Parkway Estates and Alden Glen developments in support of the slope and wall separation from Willow Gardens Subdivi- sion and the use of an 8' wall; etc. Councilman Yee expressed his concern over the width of the entrance street. Mr. Tom Spencer, Standard Builders, stated the curb width on the entrance street for one lane is 16' in width, there is an island and a 16' exit lane. Councilman Yee again expressed his concerns: the entrance to the subdivision has no potential of get- ting two lanes in either direction - going out of the subdivision particularly; two lanes should be accom- modated before we need it. Discussion followed: with 16' the City is looking at one way in and one way out; the City is eliminating its options there; Councilman Yee feels the width should be 22'; it is not feasible to extend it all the way to the end; an engineering study has not been done and it is basically a concept at this time on where to place a wall; the intent is to try to mitigate the complaints on the two lots; Mr. Nobis is directly behind lot 324 and maybe 320; the fourth proposal is basically similar, but would not involve the 10' common green area, it has a fence not a wall and provides a mild slope at the property line; it pro- vides additional landscaping and trees; etc. Mr. Frank Decesare, 389 Heather Ave., stated he owns 512 Susie Way, and, if the City takes away the property, he will be left with a 3' walkway and less view for his tenants, so they will be look- AGENDA A~I!~ TAKEN PUBLIC HEARINGS 8. Public Hearing - Continued. 5/8/96 Page 11 130 PUBLIC HEARINGS ing at a wall. He stated he is paying $120 a year for those common greens, yet he doesn't have the luxury of a lawn. He stated the people who bought those properties were aware of what they were getting and one of them went as far as to say that the City should tear down the apartments. He re- plied, wait a minute the apartments were built before the homes and you knew what you were buying. He stated, there are fourplexes at the ends and if the City puts up a wall there you will mess us up. The homes are already there and the fences and the people buying the homes were satisfied then, so why change it now at his expense, for the apartments were here way before the homes. Mr. Patrick Nobis, 125 Alden Glen Dr., stated he had issued the Council a petition asking Council to accept the plan presented on April 10th which in- eluded the easements and the 8' wall. He stated it is not just himself and another but four people who are involved with the high risk vandalism, noise, rocks, bottles and pellets being thrown at their property. He stated what is being proposed by Standard is like what was presented when he moved in and he had to try to monitor that with four feet of lattice work on top of the fence to keep people from looking into his windows. The City will not only have him on their backs, if the situation is not resolved, but new people moving in - for they have been very patient, but that is no longer the case. They were told they knew what they were going to get into - they didn't know, they asked the foreman and he said no prob- lems and there were problems when they were building it. They need the City to take action to protect the people coming in and give them the satis- faction they deserve, etc. Mr. David Tank, 12 Summerrain Dr., spoke in favor of improving the safety and security of the existing homes for Mr. Nobis, other neighbors and for the future owners of the homes to be built. They did not know when we bought the property that there were problems. They are going to buy homes along the wall that is common to the apart- ments and they found some broken windows from bottles. If they had known six years ago they would not buy and it is a good time to protect the future owners and take care of the problems that have not AGENDA ACTION TAKEN PUBLIC HEARINGS 8. Public Hearing - Continued. 5/8/96 Page 12 PUBLIC HEARINGS been taken care of in six years. Mrs. Helen O'Connor, 348 Susie Way, stated she had owned property for over fifteen years and has watched the area change for the worse. She stated it was nice to see the children back, along the common areas, riding their bikes, but in front you have a massive group of people living up there and a lot of children. At this time the back is nice and safe and if you make it smaller, you will be giving it away. She stated if the City puts up a 10' fence there will be graffiti and you will be taking away the property owners view. Mr. Sylvester Sherman stated Willow Gardens Com- mon Greens was intrusted to the City Council for the benefit of the property owners and the tenants. If the Council alienates the 10' strip from Willow Gardens property or any portion thereof it will amount to a betrayal of trust. He asked the Council to not take such action. Mr. Bob Kent, Standard Building, clarified the different option they were talking about regarding the wall between Willow Gardens and this property and their position is regarding the 10' strip: the strip is not beneficial to the development; they don't care and it is up to the Council to include it or not include it; he presented slides on the fourth option - a keystone wall at the top of the slope with an 8' high wall and trees would be planted with landscaping on the opposite side of the wall that would mitigate Mr. Nobis' problems. Discussion followed: the size of the wall would extend to Mr. Nobis' home and the neighbor's and then the wall would have to be reduced to a 6' wall; would the fence continue on a straight line from the top of the slope; if the City wants to include all of the Parkway Estates, that would continue all the way down including the narrow strip of Willow Gardens; review of the three options; it was mentioned that the City was taking the strip away, yet it is City property and the second factor is that no monies from the Assessment District have been used for that and there is no debt or obligation to buy back the assessment; the City maintains the commons greens and the slope; the maintenance money comes from special property tax from the home owners; the tax AGENDA ACTION TAKEN PUBLIC HEARINGS 8. Public Hearing - Continued. 5/8/96 Page 13 PUBLIC HEARINGS rate was adopted prior to Proposition 13 and you could generate enough dollars to maintain the prop- erty, but in some areas there is not sufficient tax to maintain the areas which is the reason for the light- ing, landscaping property tax; Councilman Mullin has walked the site many times to try to come up with a solution for he has great compassion for people suffering with vandalism, does not want to perpetuate that at the expense of heavily populated areas and is reluctant to vote for something to de- crease the amount of common greens; the wall will encourage children to climb or deface it; Council- man Yee did visit Mr. Nobis' back yard and saw the problem from his perspective; he agreed with Coun- cilman Mullin, if he owned the property on Willow Gardens he would have extreme concern about the wall; the keystone retaining wall design providing the fence would be either 8' or higher and maybe the developer would agree that the fence could continue on to Nobis' yard; Council cannot require the developer to do that because it is beyond the development; he has concern over the width of the street and wants to see it wider than 16'; Councilman Yee can accept the developer maintain- ing the landscaping for three years for it takes three years to build the homes anyway; etc. Mr. Joe O'Connor, 348 Susie Way, related: prior to Proposition 13 they had a tax that included the strip in question, after that time there was an as- sessment of $120.00 that goes into a special fund that provides the maintenance of the strip. Discussion followed: originally the Mayor was going to go with the fence at the top and sacrifice the slope, but there has to be a win win situation, so he is prepared to go with the property line for the fence; his concern was for the particular units down at the lower part towards Grand Avenue for if we went to the top of the slope we are going to isolate them; Councilman Yee stated if a two lane is not included in the project now we will not be able to accommodate that later; staff stated they could get two exit lanes, but not four; just the outbound lane is 16', it is one curb to curb 16' lane; Councilman Yee is saying make it 22'; the only way the devel- oper can do that is to take the 6' out of a lot or the median island; originally they had a 12' length in and out and they wanted a 4' island; City Manager AGENDA A__CTION TAKEN PUBLIC HEARINGS .8. Public Hearing - Continued. 5/8/96 Page 14 PUBLIC HEARINGS was concerned on policy levels as to whether in the future the maintenance should be the responsibility and obligation of the City or the developer; if there is a homeowners association, it is not a problem because they take over the obligation; the developer can have money posted in an account sufficient with interest or the City could create a district to raise dollars, not dissimilar to Willow Gardens to main- tain the cost; this is a public policy question right now for it is an additional burden to the Park De- partment for each future development; the other way is to post cash and assign that for the annual mainte- nance; staff is looking at the on-going costs for Terrabay's maintenance; it is legal and it makes sense to do something like posting cash, otherwise all the general tax is going to go to the landscaping of Chestnut; if the Council wants to control the type of fence used, it must so specify; anything that is tall enough or sturdy enough to prevent vandalism even if it has to be bolted in to make vandalism extremely difficult; Mr. Nobis' fence is 10' and he still has the problem; the developer is proposing dense trees being planted, but does Council want that to take up the space on the slope; the developer feels trees are a more attractive means of screening; the final map will be coming back to Council and discretionary language can be put in the document for the City Engineer; etc. M/S Mullin/Yee - ~(~e following was clarified by the City Attorney) To approve Mitigated Negative Declaration No. 804 and SA-95-112 in PUD-95-50, including the attached findings and attached condi- tions amended to include the following conditions: 1. The ingress and egress as part of the extension of Sunset Avenue into the subdivision shall be wid- ened to accommodate a two lane, 22' wide, entrance and exit right-of-way including a median strip not greater than six (6') feet wide, all of which shall be built consistent with City standards and subject to the approval by the City Engineer. 2. Prior to ap- proval of the final map, applicant shall enter into an agreement with the City providing for the future maintenance of the landscaped areas located within and along the public right-of-way along the eastern border of the development. 3. A minimum of five trees per residential lot shall be planted along the slope/rear yard area of Lots 49 through 64. The size of the trees shall be a minimum of twenty-five AGENDA ACTION TAKEN PUBLIC HEARINGS 18. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 19. Resolution approving the Mazzanti property lease. A RESOLUTION APPROVING A GROUND LEASE BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MAZZANTI CARNATIONS, INC. FOR PROPERTY LOCATED AT 820 TENNIS DRIVE, SOUTH SAN FRANCISCO 20. Discussion of the Terrabay Project Permit Process. 21. Resolution authorizing assessment for costs for abate- ment of property at 836 Larch Avenue and recorda- tion of lien. o~..,-3 7 "7 A RESOLUTION AUTHORIZING ASSESSMENT OF COSTS FOR ABATEMENT PROPERTY AT 836 LARCH AVENUE (PARCEL NO. 012-014-240) PUBLIC HEARINGS (25) gallon or equivalent. 4. Not later than the time deemed appropriate by the City Engineer, the applicant shall construct a fence along the western property line behind Lots 49 through 64, the height of which shall be 10' except where the property line between Chestnut Estates and Willow Gardens is at the same grade as the usable Willow Gardens park where the fence shall be 8'. Portions of the fenced area shall be between 8' and 10' as determined by the City Engineer based on the slope of the grade from the usable Willow Gardens to the property line." The actual height of any portion of the fence shall be subject to the approval of the City Engineer and shall be based on the change in terrain of the property behind Lots 49 through 64. 5. The fence detail and slope treatment of the rear yards of Lots 45 through 64 shall be constructed consistent with the applicant's design detail submitted as part of the City Council record of its meeting of May 8, 1996. Said design included but was not limited to construc- tion of a keystone wall and a fence to be constructed at the rear property line and to be constructed con- sistent with the conditions of approval. Carried by majority roll call vote, Councilman Penna abstained by not taking part in the discussion or voting on this item. ADMINISTRATIVE BUSINESS City Manager Wilson gave a brief staff report. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 75-96 Carried by unanimous voice vote. Continued to the next meeting by the City Manager under Agenda Review. Discussion followed: this will allow the property to be liened for the abatement; the individual was legally notified of the public abatement nuisance hearing; this is for work already performed; the individual was given a couple of letters and was told to contact the Finance Director by the 15th, which he did not do; certified mail was sent. M/S Fernekes/Yee - To adopt the Resolution. 5/8/96 Page 15 AGENDA AC_TIQN TAKEN _.3DMINISTRATIVE BUSINESS ITEMS FROM COUNCIL 22. Motion to provide direction on a policy dealing with absenteeism of Board and Commission Members, and reappointment of Conference Center Authority mem- bers. 5/-5-3 GOOD AND WELFARE iLOSED SESSION 23. Closed Session: pursuant to GC 54957.6, to meet ADMINISTRATIVE BUSINESS RESOLUTION NO. 76-96 Carried by unanimous voice vote. ITEMS FROM COUNCIL City Attorney Mattas stated the staff report laid out options to be taken, but he required direction from the Council. Discussion followed: excused means there was a courtesy call from the member vs. not excused is a no show; Councilman Penna could not tolerate more than two; Mayor Drago has a problem with the word "excused" when there are 8 out of 10; Coun- cilman Yee feels if you don't show up, you are absent - if absent more than 3 consecutive meetings or absent 1/3 of the year this would qualify for a resignation; Councilman Penna feels it should be a maximum of two; Councilman Mullin would prefer the word "may" rather than "shall" which will give the Council the discretion to hear an excuse; Mayor Drago stated yes, but subject to review; 'one person missed 8 out of the last 10 meetings; Vice Mayor Fernekes concurs with the comments for some of the attendees' records are pretty bad and it is important Commissioners be there; Mayor Drago commented that they can go on forever being excused and it should be defined there are to be no more than 3 or 4 consecutive meetings missed during the current year and this is subject to review by the Council; secretary should keep tract and send a letter to Council; the member should be brought in for an interview when there are potential problems with a member; City Manager proposed to handle the problem during the orientation and he would meet with existing members and give them the new policy; City Attorney will come back with ordinance dealing with each Board and Commission; Mayor Drago would rather wait until ordinances are adopt- ed before appointing conference center members. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council entered a Closed Session at 10:43 p.m. to 5/8/96 Page 16 AGENDA ACTION TAKEN CLOSED SESSION CLOSED SESSION Closed Session - Continued. discuss the items noticed. with its designated representatives - City Manager, Director of Personnel and City Attorney on labor matters for all Units. RECALL TO ORDER: Mayor Drago recalled the meeting to order at 11:15 p.m., all Council was present, no action was taken and direction was given. 24. Motion to adjourn the meeting to Wednesday, 5/15/96, 7:00 p.m., Municipal Services Building, Community Room, 33 Arroyo Dr., for a study ses- sion: David Schooley, Save San Bruno Mountain presentation on the shellmounds on San Mateo Mountain (15 minutes); City charter issue, economic development report. M/S Mullin/Yee - To adjourn the meeting to Wednesday, 5/15/96, 7:00 p.m., Municipal Services Building, Community Room, 33 Arroyo Dr., for a study session: David Schooley, Save San Bruno Mountain presentation on the shellmounds on San Mateo Mountain (15 minutes); City charter issue, economic development report. Carried by unanimous voice vote. ADJOURNMENT: Time of adjournment was 11:16 p.m. ESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco / :~ai~k Drago, Mayor '~ / 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. 5/8/96 Page 17