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HomeMy WebLinkAboutMinutes 1997-08-13 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin --John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room August 13, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: RESENTATIONS San Mateo County Convention & Visitors Bureau - Presi- dent Marc Chapdelaine ~3/~ ACTION TAKEN 7:55 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. The Pledge was recited. Reverend Ivy, St. Paul's Methodist Church, gave the invocation. Mayor Fernekes stated the Council lost Chaplin Linamin, a good friend, a week ago and the Council will adjourn the meeting in his honor. PRESENTATIONS President Chapdelaine related: about a month ago the topic of funding was discussed at a late hour, and he thanked the Council for allowing him to address them; in 1996 the S.S.F. Council reduced the funding from $115,000 to $50,000 because they felt they were not getting T.O.T. from Convention efforts; his Board convened a Subcommittee for a funding formula; as a result all dues have been increased in the next fiscal year; the Subcommittee determined they would ask all of the members to contribute four to five percent of the prior year and that for S.S.F. would be $110,000 which is less than the 1996 figure; Burlingame and San Mateo have adopted the percentage and other cities are contem- plating how to achieve the 4% goal; the Bureau promotes S.S.F. as a place to eat, sleep, entertain and enjoy leisure activity in the Bay Area; we pro- vide value for the marketing conditions; with the consent of the Board of Directors the Bureau is shifting away from the conventions to the consumer marketing for the meetings; allowing the prevailing market provisions are good, there is a need and we can not let up on marketing; if we stop selling 8/13/97 Page 1 AGENDA ACTION TAKEN PRESENTATIONS 8/13/97 Page 2 PRESENTATIONS today then tomorrow we can not sustain the TOT; one of the most difficult things to do is measure their productivity; the customer ultimately decides which hospitality product best suits their needs of dates, rates and space; the Bureau does attract, inform and assist travelers with information about all our member cities, but the decision is the customers; a committee of the SSF hospitality community was convened to study how best to promote their indus- try, and their first recommendation to the Council was to sustain funding for the Bureau's marketing programs; only when faced with the reduction in funding for the Bureau did this committee recom- mend an alternative marketing concept; etc. Discussion followed: who was on the funding com- mittee; Councilman Penna along with Council- members from Burlingame and San Carlos and several hotel members; has the Board approved the 4 %-5 %; the report does not include budget num- bers; the proposed budget is $700,000 and the pro- jected funding is $900,000-1,000,000; Councilman Penna was asked to serve on the equal funding committee; there was a meeting he attended, the meeting was over and he went to his office and found they went back into a meeting and the funding proposal was formed without his being present; one of the items we were always asking for was an equal formula of participation which we do not have; Mr. Chapdelaine stated Councilman Penna was present, as he recalls, and dissented on the vote on 7/18/97; that the members fees should be based on the per- centage of bookings was suggested by Councilman Penna; Councilman Datzman stated the purpose of tonight's meeting is for Mr. Chapdelaine to make a presentation without any decisions being made to- night; Vice Mayor Mullin looks forward to the new accounting with respect to the July generation of business; he read the report with respect to the number of conventions booked and how many were located in what community; if the Bureau is going to reduce this City to more of a leisure traveler, then that should be reflected in the July report; there are three groups meeting in S.S.F. with 1630 being served visitor information from the Bureau and 435 coming in September; there are fewer rooms in September and those are at a higher rate and the Bureau has changed the emphasis to address the needs of those rooms; the Bureau booked the rooms AGENDA ACTION TAKEN PRESENTATIONS AGENDA REVIEW City Manager Wilson Requested: - Remove Item 8 from the Agenda. ORAL COMMUNICATIONS COMMUNITY FORUM 8/13/97 Page 3 195- PRESENTATIONS for the groups mentioned; Councilman Penna is concerned in using public funds to fund the Bureau for there needs to be some form of measure of productivity so we know the benefits, and to date that has not been forth coming; etc. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Pedro Gonzales, Art Rise Board of Directors, related two coming events to raise money for their new location: a bazaar, 9/6/97, Saturday, 9:00 a.m. to 4:00 p.m. and are requesting items, in good condition, to be taken to Art Rise; volunteers are needed, please call Art Rise 763-2442; second item will be an old fashioned hoedown, barbecue with a menu tri-tip, beans and dessert with raffle tickets which will be at the new location at 616 Linden Ave. with a cost of $25.00 per person on 10/11/97 from 6:00 p.m. to 10:00 p.m. Mr. Eugene Sim, President Art Rise, asked for prayers for Maggie Pierson who is in critical condi- tion at this time and suggested calling Art Rise to find out about her condition. He stated that Art Rise will continue on with her legacy and redouble their efforts on her dream of the new building for Art Rise. COMMUNITY FORUM Vice Mayor Mullin related: CBS evening news on 8/22/97 and 8/27/97 will show local boys and girls being viewed showing the ability of students in tech- nology. Councilman Penna commended the City Treasurer in her proven record in treasury bills and bank invest- ments with a 6-13% average. She is doing an excel- lent job and he is happy she is running for reelection. Mr. David Valkenaar, Project Manager, reminded people to put in their application for noise insulation in order for them to proceed efficiently for they are AGENDA A~!!ON TAKEN COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 7/9/97, Adjourned Regular Meeting of 7/16/97 and Regular Meeting of 7/23/97. 2. Motion to confirm expense claims of 8/13/97..~O/,~ Resolution to award contract for Orange Park Pool Painting of the Interior to D&K Painting Co. in the amount of $17,000 as the lowest responsible bidder. A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $17,000 TO D & K PAINTING COMPANY, INC. FOR THE ORANGE PARK POOL - PAINT EXTERIOR PROJECT 4. Resolution to reject all bids for ADA Playgrounds and authorize readvertisement of bids. ~'O 5t 0 A RESOLUTION REJECTING ALL BIDS FOR THE CONSTRUCTION OF THE AMERICANS WITH DISABILITIES ACT PLAY AREA RENO- VATIONS AT SELLICK, BRENTWOOD, OR- ANGE, GARDINER AND PARADISE VALLEY PARKS AND AUTHORIZE STAFF TO RE-AD- VERTISE FOR BIDS FOR THE SUBJECT PRO- JECT Motion to accept the seismic upgrade of Grand Ave- nue Library Project as complete in accordance with the plans and specifications. _~O~O Resolution approving a construction contract with Harris & Assoc. for a peer review of the WQCP - ~..,~ continued from the 7/23/97 meeting. A RESOLUTION AUTHORIZING THE TRANS- FERRING OF $13,500 FROM THE SEWER EN- TERPRISE FUND TO THE SOUTH SAN FRANCISCO/SAN BRUNO WATER QUALITY COMMUNITY FORUM starting the last homes to be insulated. Mayor Fernekes related: on 9/27/97 the S.S.F. Days in the Park will have a breakfast in the MSB put on by Police and Fire, followed by a festival from 10:00 a.m. to 4:00 p.m. in Orange Park to showcase this community. CONSENT CALENDAR Approved. Approved in the amount of $2,681,915.69.1. RESOLUTION NO. 91-97 RESOLUTION NO. 92-97 Approved. RESOLUTION NO. 93-97 8/13/97 Page 4 AGENDA ACTION TAKEN ,CONSENT CALENDAR Resolution- Continued. CONTROL PLANT IMPROVEMENT PROJECT FOR INTERIM FINANCING AND AUTHORIZING AN AGREEMENT WITH HARRIS & ASSOCIATES AND AMENDING THE 1997-98 CAPITAL IM- PROVEMENT PROGRAM BUDGET (CIP-98-2) Resolution approving a budget amendment to the Capital Improvement Budget, in the amount of $65,000, for the purchase and installation of five safety brakes for the City's hydraulic elevators. ,5't9 ~1 A RESOLUTION AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET (CIP 98-3) FOR INSTALLATION OF SAFETY BRAKES ON THE CITY'S HYDRAULIC ELEVATORS Motion to approve plans and specifications and au- thorize advertisement of bids for the Chestnut Avenue at Grand Avenue Signal Modifications Project. PUBLIC HEARINGS 9a. Public Hearing - Consideration of Greystone Homes, to allow construction of a 179 single family dwell- .5't9~ ings and 33 below market rate rental units, plus resident manager's unit on 31 acre McLellan Nurs- ery property that is proposed to be annexed into the City through LAFCO, and approval of GP-96-116, RZ-96-116, SA-96-116, PUD-96-116 and Mitigated Negative Declaration No. ND-96-116; Conduct Public Hearing; Motion to approve Negative Declara- tion No. ND-96-116, SA-96-116 and PUD-96-116, adopt resolution approving GP-96-116 and GP-97- 004; Motion to waive reading and introduce a zoning ordinance, and Motion to authorize the City Manager to consent, in writing, to waive conducting authority protest hearings on the issue of annexation. A RESOLUTION APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF SOUTH SAN FRANCISCO GENERAL PLAN TO (1) ALLOW CONSENT CALENDAR 19'7 RESOLUTION NO. 94-97 Removed from the Consent Calendar by the City Manager. M/S Penna/Mullin - To approve the Consent Calen- dar with the exception of Item No. 8. Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Fernekes opened the Public Hearing. Chief Planner Harnish related: the applicant is pursuing annexation through LAFCO to bring the property into S.S.F. and General Plan Policy A11-5 supports the annexation; this is a subdivision with 213 residential units; the original project that Coun- cil looked at in the study session had 232 units, so there has been a reduction; there is a 33 unit below market rate townhome project plus a manager's unit in the Planned Unit Development; the Project is broken up into two basic projects, the Promenade, 179 unit single family, and Greenridge, 33 units below market rate townhomes and a manager's unit; a request for a parking space reduction based on a study; there are some related projects - the Alta 8/13/97 Page 5 AGENDA ACTION TAKEN PUBLIC HEARINGS a. Public Hearing - Continued. RESIDENTIAL/COMMERCIAL MIXED USE DE- VELOPMENTS IN PLANNING AREA 6; (2) ADD POLICY 6-9 TO REGULATE LOCATION AND DESIGN OF RESIDENTIAL USES WITHIN PLANNING AREA 6; (3) AMEND POLICY A11-5 TO DELETE REFERENCE TO AN OPEN SPACE DESIGNATION ON A SMALL PORTION OF THE MCLELLAN NURSERY PROPERTY; AND (4) MODIFY THE LAND USE DIAGRAM TO CHANGE THE DESIGNATION OF A PORTION OF THE MCLELLAN NURSERY PROPERTY FROM OPEN SPACE TO MEDIUM DENSITY RESIDENTIAL AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO CHANGE THE PREZONING OF PROPERTY LOCATED AT 1450 EL CAMINO REAL FROM OPEN SPACE (O-S) TO MEDIUM DENSITY RESIDENTIAL (R-2H) PUBLIC HEARINGS Loma Park; this Park has been owned by the City for a number of years and Greystone has proposed to construct the park in lieu of paying separate Park and Recreation fees; the final details of the Park plan will be subject to review by the Parks & Recre- ation Commission, with final approval by the Coun- cil; Council discussed public vs. private streets and affordable housing; the plans have been modified to respond to the concerns of the public street stan- dards and sidewalks on both sides of the street; emergency lanes, one at Alta Loma and one at the Park; the affordable housing has an accessible landscapped pedestrian way; the Planning Commis- sion held a public hearing on July 17th, they heard testimony and approved the project with con- ditions; Planning Commission issues - signalization of McLellan Dr./El Camino Real intersection, the overall density of the project, front yard setbacks where the houses are ten feet from the street, noise mitigation at Alta Loma Park, City/School District cooperation with regard to the park development, public concern park generated traffic impacting the intersection of Camaritas and Hickey, concern with the below market rate units and worry that crime would increase and property values would be ad- versely affected; Caltrans does not feel the traffic is at a level to warrant a signal; there have been dis- cussions with Caltrans and the Project representa- tives and there seems to be a developing agreement to install the signal and the parties are negotiating; there are concerns about the lot sizes and designs; State law allows the general plan to be amended four times a year and staff has two items that constitute the general plan amendment and in order to meet limitations of four times a year we are suggesting that you make both amendments at the same time; so, you have a resolution that should be held until the second item and a decision is made for the resolution relates to both amendments; etc. Mr. Steve Delva, President of Greystone Homes, stated with him tonight is Don Lantos, Greg Miller and John Ward and proceeded to describe the pro- ject, the architecture, the varied material and roof pitches that give diversity to the street side; etc. Mr. Matt Schwartz, Mid Peninsula Housing Coali- tion, related their various projects: the apartments 8/13/97 Page 6 AGENDA ACTION TAKEN PUBLIC HEARINGS }a. Public Hearing - Continued. 8/13/97 Page 7 PUBLIC HEARINGS above Bon Gusto; they were formed 28 years ago to help the peninsula respond to the housing needs of the lower income families; there are projects in Menlo Park, Los Gatos and East Palo Alto that have helped neighborhoods turn around; the low and median income families include teachers, gas station attendants and people in all walks of life; their pro- ject in San Carlos was viciously opposed by the neighborhood and with the buildings, their manage- ment this attitude was turned around; they provide amenities, a child care center with computers and tot lots; they have ten applicants for every space and are very choosy as to who they rent to; we will be long term partners, we are not going to be disap- pearing, we own and manage everything we do, we are responsible and we invite Council to call the other cities where we have projects. Mr. Nick Pitech, Architect, stated this is similar to what we are proposing in Greenridge for Mid Pen- insula Housing Coalition and proceeded to show slides and describe the architecture. Mr. Alex Aragon, 400 Camaritas, stated he had a petition from neighbors on Camaritas protesting the proposed Park and the ingress and egress. Have studies been done on the impact of the neighbor- hood, what are the results and the recommendation to resolve the traffic. We know what the parking spaces are to be, but when you have two baseball games and the kids in the park, that is not going to be enough spaces. When there are parties, then the overflow parking takes our section of the street. Chief Planner Harnish stated there was a traffic study done and one of the mitigation measures will be considered as part of the park design and Recreation people will stagger the starts of the ballgames to minimize them following one another. He stated the mitigation measures would come back as a part of the proposal to Council. Vice Mayor Mullin stated he had the same concerns as Mr. Aragon, he was walking on his block and it is very narrow. He stated the Park was promised to the residents 30 years ago, and recreation proposed an hour difference between the start of games. There are going to be times when there is a parking problem, but recreation will do the kind of sched- AGENDA PUBLIC HEARINGS ~a. Public Hearing - Continued. 8/13/97 Page 8 ACTION TAKEN PUBLIC HEARINGS uling to mitigate the grouping together and those waiting and coming to play, so there will be time and he believes there is confidence. He stated staff is aware and has talked about circulation being opened up by the egress on El Camino, when the parking lot gets full it is difficult moving traffic around, so there will be times of overflow. Chief Planner Harnish stated the road will only be open as needed, because if it is open all the time people will use it all the time. Discussion followed: will there be any security at night, will there be a gate to keep people out of the Park; the Director of Parks, Recreation & Commu- nity Services did not envision a gate because of police surveillance, but there will be security light- ing for the police at night; Mayor Fernekes stated in addition to the parking there will also be parking on the School District site; Vice Mayor Mullin stated it would be better to park on the School District prop- erty and hopes and believes they will be cooperative and will mitigate the concerns. Mr. Robert Lorenzini, 327 Camaritas, stated he uses the stairway and a couple of times he almost got hit because you cannot see the automobiles coming. He asked if it was possible to have staff shave the hill to give a better line of sight, for he is not very agile anymore. Chief Planner Harnish stated, as part of the BART station there will be a pedestrian crossing signal installed several years down the road. He could not respond on shaving back the hill. Councilman Datzman stated there was a question of whether a crossing should be put in and there were concerns as to how safe that would be. He is not sure what the record would reflect, but he thinks there are alternatives. Vice Mayor Mullin stated, according to the site plan for the McLellan property, they don't anticipate there is a specific design to prevent students from using the path while going to El Camino and some of us who take the stairway to BART, so if there is a sidewalk that will increase the line of site. AGENDA ACTION TAKEN PUBLIC HEARINGS a. Public Hearing - Continued. 8/13/97 Page 9 PUBLIC HEARINGS Ms. Elizabeth Overjada, 819 Camaritas, spoke in opposition to the McLellan proposal and had a peti- tion signed by many residents: the impact of below market units on property values; the traffic congestion and potential parking problems in their immediate area; decrease in air quality in our im- mediate area due to construction and in-long term, added traffic; increased population density increased demand of public services increased level of noise pollution; loss of view and privacy to some homes in immediate area; significant loss of quality of life as we know it now. She related: car counts in the area yielded 25 vehi- cles between 6:30 and 6:45 a.m.; this project is doing away with the character and removing our quality of life; she realized this was made a rede- velopment area to pay for the undergrounding of BART, which is no longer crucial and the density does not need to be high and could be low; the traffic generated will compound that generated by BART and people will try to find an alternative route and this will create more traffic on Camaratas and Alta Loma and create aggravation in trying to get out of the circle; noise from construction com- pounded by airplane noise and traffic from BART and those people that will come and utilize the ser- vices; will the housing be limited to 46 CNELs through insulation when our homes cannot be insu- lated by the Program even though we have high noise levels and no double paned windows; it seems we have been totally neglected in our con- cerns; concern over the El Rancho development, BART and the future car wash on El Camino and Hickey and pollution it will cause; increased chil- dren in the area from the new developments and the talk is to use mobile classrooms and the District is doing a study that won't be out for two months; what is the impact from the population change; urge Council to lessen the density of the Project and to change the low income housing to senior housing and supply that need for there a long waiting list for senior housing and they usually do not have cars or make a lot of noise. Ms. Julie Stahlnecker, 844 Camaritas, stated she was saddened by Rod McLellan's leaving the area. She has great concern with the parking issue and the low estimates on traffic counts, students and low AGENDA ACTION TAKEN _pUBLIC HEARINGS a. Public Hearing - Continued. 8/13/97 Page 10 PUBLIC HEARINGS income housing. Ms. Theresa A. Ferrer, 808 Camaritas, stated she was very concerned about the Project and low in- come housing and its impact on the quality of life in their neighborhood due to an increase in population that will bring added crime. She asked that Mid Peninsula build senior housing rather than low in- come housing. She cited the concerns of a neigh- bor, Christine Jewel, who lives on Alta Loma and already has problems with crime, drugs, other trou- bles and the Mid Peninsula housing will cause them to lose privacy in their homes and backyards. She stated the construction of a 6' wooden fence does not seem to be sufficient. Traffic in the park is a concern with the ballgames, however, if the School District allows the school grounds to be used tbr parking that will alleviate the overflow. The long term residents appreciate bird watching and are concerned where the animals will go. Mr. Lou Frank stated he is at the end of Alta Loma and uses the stairs to catch the bus because the parking is impossible, however, the traffic is im- possible coming around the corner from El Camino. The students are jeopardizing their lives every day, they run across and the cars don't slow down and he wants the City to put in a pedestrian overpass to go from the west side to catch the bus or go across. Mr. Steve Rogers stated he was there on behalf of the Baseball Assoc. who has 300 kids in the pro- gram and with the development on Chestnut and Terrabay there are going to be 500 kids. We need these fields and programs for the kids, for it keeps the kids off the streets. It is better to see the kids in the park than in trouble. He has lived here for 40 years and seen many changes and thinks a project like this is needed at this time. There are going to be developments for land will be sold and devel- oped. This particular Developer is willing to put in a park for the City and he thinks the project should be approved. Councilman Penna asked about the affordable hous- ing issue, is there some reason why we have afford- able housing in this project and can it be for seniors. Chief Planner Harnish stated it is part of a redevel- AGENDA' ACTION TAKEN PUBLIC HEARINGS la. Public Hearing - Continued. 8/13/97 Page 11 PUBLIC HEARINGS opment area and the law requires you have afford- able housing. Director of Economic & Community Development Van Duyn stated it cannot be for seniors, it has to be low income housing. There is a higher priority in housing needs for low income family housing. Mr. Matt Schwartz, Mid Peninsula Housing Coali- tion, stated there is a strong need for senior housing. In the County there are over 10,000 people waiting for housing, Mid Peninsula has two and three year waiting lists and there is a need in this City for large family housing. He stated this site is steeply sloped and graduated and you cannot ask senior citizens to traverse the site, we don't think it is right for seniors. He relat- ed: we expect the development to be financed with the low income funds; households will be targeted for incomes of $20,000-$50,000 depending on size of families; these will be working teachers, techni- cians and people in the service sectors, a wide range of people already working in the community; the concern that the housing will effect property values is unfounded and we can point out our other projects to prove this untrue. Mayor Fernekes closed the Public Hearing. Discussion followed: what is the possibility of BART funding something to get the people across; Director of Economic & Community Development Van Duyn stated there will be a signal at El Camino, that is discussed in the reimbursement agreement with BART which BART is obligated to put in, but not until the development is constructed; the applicant wants to do it earlier and get reim- bursed; that will slow down the El Camino traffic for the pedestrians, where the present stairway inter- sects with El Camino that is going to be a signal paid for by BART; El Camino is a State Highway; the Vice Mayor would also prefer to see the McLellan Nursery remain at the site, but the units have been reduced and the park is a contingency; the only egress in and out is from El Camino, so the concern about additional traffic appears confined to the bulk of the use of the park on weekends; his concerns focused on the below market units and AGENDA ACTION TA KE~N PUBLIC HEARINGS a. Public Hearing - Continued. 8/13/97 Page 12 PUBLIC HEARINGS the effect on the neighborhood when you are buying homes; he has looked at the elevations, they are presumably upscale homes; he went to San Carlos and other cities to see Mid Peninsula developments and in the Vice. Mayor's judgement the develop- ments are constructed, managed, well maintained with security guards and the Manager's location was in an area that could keep an eye on the project; he has read every word in well over a hundred pages and looked at all the site plans and thinks it will be an asset, even without a park; Councilman Datzman wondered if the 8' fence would offer better attenua- tion; that was left as a suggestion to be considered at the Planning Commission meeting; the study said the 6' fence would do it; the Police Department con- cerns and suggestions; affordable housing was talked about in the 80s and Geneva Towers was built and it did not take long to make it clear that wasn't wanted or needed in S.S.F.; following that we had a situa- tion at 224 Grand Ave. and a suggestion that Mid Peninsula was coming in and there would be low income housing; the Police Dept. led the charge and we were suspicious of their intentions and what they would leave behind; we saw these people live up to their commitments and follow through with afford- able housing with kitchens and nice living quarters; in April the Council got exposed to another one of these density projects with pedestrian movement and we spent a lot of time at that meeting talking about what makes sense and leads to affordable housing; we talked to the developer about density of the project and once we talked about what is the number to put on a lot and not be junk; we tried to put that into play when the developer was talking about density of the project and we talked about the signal- ization, the street width and sidewalks; the developer heard us and went to the drawing board and went back and put it in; he feels that the park is a winner, and lastly looked at the whole issue of affordable housing; he was concerned over a flyer and called residents about its spreading undue concern in the neighborhood saying that the project may affect your quality of life and it was signed, concerned citizens group; none of the residents called him back; we talked about affordable housing, about the density, what kind of amenities, what kind of tenants it will attract; what kind of controls will be in place; he was amazed that Mid Peninsula was going to have a partnership because AGENDA A~!ON TAKEN PUBLIC HEARING Pa. Public Hearing - Continued. 8/13/97 Page 13 PUBLIC HEARING the businesses on the other side of the highway are not all chemists and we don't want them to com- mute, we want them to have a place to live and this could be it; Councilman Yee noted the Grove appar- ently has a lot higher density than the middle por- tion; at the staff level they did not consider a layout with one density; Mr. Steve Delva stated as they went through the project they tried to recognize the natural site constraints, put in the maximum number of units for the revenue stream and look at the mar- ket level; what are the conditions imposed on the project if it is approved tonight; when the issue was discussed at the Commission, Caltrans would not put a light there, since then we had discussion and they will be willing to consider that but were are not certain if the condition was imposed; Councilman Yee thought the Council could require as a condition that they build a signal only based upon the approval of Caltrans; if Caltrans is not going to approve it, then any reimbursement from BART - but we don't know when BART is coming through; is there a Samtrans bus turn out to be provided at that inter- section or is that something to be looked into; some- one has to talk to Samtrans to see if that is the right location for a bus station; how is the McLellan frontage going to look like; there will be fences and landscaping, the back yards would be fenced and landscaped; is there a homeowners association to maintain the landscaping for it is a City entrance; yes there will be a home owners association for that and all the landscaping elements for El Camino as part of the project; the concern over the fence, staff felt, is can the fence be some sort of a concrete fence or some more solid fence rather than a wooden fence; that is possible; Mr. Schwartz heard there were problems of visibility from the Winston Manor residents, but our housing will be 15 to 20' below their grade and it would be difficult to see anything unless you stood on a chair or ladder; the cost of concrete is five times the cost of wood and if the Mid Peninsula Housing Coalition increas- es costs then the rents will go up; in terms of estab- lishing this as a planned unit development it allows more flexibility in terms of the general plan and does not obligate you in the future if you want flagged lots; Councilman Yee did not see a sidewalk in front of the Mid Peninsula site; yes, there is a condition requiring that; since there are a lot of concerns associated with insulation are these AGENDA ACTION TAKEN PUBLIC HEARING ~a. Public Hearing - Continued 8/13/97 Page 14 PUBLIC HEARING houses going to be insulated to that standard; yes, to the 45 CNEL; Mayor Fernekes also visited a couple of Mid Peninsula projects and agreed that they do an excellent job; he thanked Greystone for listening and implementing Council concerns, he believes it is a good project and excellent for the community; Councilman Datzman feels the block fence is an important concern to the residents and staff should look into the matter. Chief Planner Harnish stated there are three modifi- cations to address: A.6.a. Affordable housing requirement, add "If the Redevelopment Agency provides a long-term loan to subsidize the Greenridge project, all 33 of the proposed units shall be required to adhere to the above referenced affordability requirements"; in reference to the issue of fencing, add A.6.b. "The Greenridge project applicant, staff, and the neighboring homeowners to the north of the project shall meet and propose appropriate fencing to separate the north boundary of the project from the existing neighborhood. Final design shall be subject to the approval of the Eco- nomic and Community Development Director."; A.4.c.1. change "to not exceed $1.6 million"; change A.4.1. "the applicant shall work, to the satisfaction of the Chief Planner, to accommodate Samtrans' need, if any, for a bus turnout along the El Camino Real Frontage abutting the project site." City Attorney Mattas stated he would add A.4.h. "Prior to occupancy of the first unit of the develop- ment, and assuming Caltrans approval, the applicant shall enter into an agreement with City and BART whereby the applicant shall advance the costs and construct a traffic signal at the entry intersection of the single family homes and El Camino Real subject to reimbursement by BART and other potentially responsible parties (i.e., the Macy's site) of their proportionate share of the costs. Said traffic signal shall be installed by applicant prior to occupancy of the first unit." Councilman Yee stated his goal is to install the signal befbre generating traffic. Mr. Delva stated Greystone would not be a problem subject to the remainder of the conditions. AGENDA ~!ON TAKEN PUBLIC HEARING 'a. Public Hearing - Continued. 9b. Public Hearing - Consideration of PUD-97-004, GP-97-004, RZ-97-004, Mitigated Negative Declara- tion No. ND-97-004, Planned Unit Development, General Plan Amendment, Rezoning and Mitigated Negative Declaration to allow residential units and establish density limits; and to allow two apartments over garage and 600 sq. ft. office with parking in the front setback and less than 6 ft. landscape strip on sides in the C-1 Retail Commercial Zone District in accordance with SSFMC 20.84, and 20.87, Jagdish Dayal, Applicant, 780 El Camino Real; Conduct Public Hearing; Motion to approve Mitigated Negative Declaration No. 97-004, and PUD-97-004, adopt resolution approving GP-97-004, Motion to wane reading and introduce a zoning ordinance. AN ORDINANCE AMENDING THE ZONING PUBLIC HEARING City Attorney stated the wording can be changed to "signal advance the cost, and prior to occupancy". Councilman Yee why advance the cost. Mr. Delva stated Greystone is advancing the funds for the signal to be put in, but not paying for the signal itself. Councilman Yee related: that may be your position, but if BART does not come in and does not partici- pate, then he as one vote on Council would require Greystone to put it in. City Manager Wilson stated BART is coming in, the next question is the turn out - we have to take a look and talk to Samtrans. Vice Mayor Mullin asked if the proposal is worded as Hickey Blvd. Extension, because the Council said it should be considered another name. M/S Datzman/Mullin - To approve Negative Decla- ration No. ND-96-116, SA 96-116 and PUD-96-116 with the conditions as amended by staff, Motion to waive reading and introduce the ordinance and Motion to authorize the City Manager to consent, in writing, to waive conducting authority protest hear- ings on the issue of annexation. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Fernekes opened the Public Hearing. Chief Planner Harnish gave the staff report and stated there is an additional proposed policy, 6-9. Mr. Shaun Obenshaw stated he is a home owner on A Street behind the site. He stated there is already a parking problem on A Street from the motels, fast food places and the like. Now there is a proposal for a two story apartment building that will block off their views and with apartments there will be more parking, yet we have a one-way street and people park illegally in driveways now. The houses are not set back far enough, so we have people parking 8/13/97 Page 15 AGENDA ACTION TAKEN PUBLIC HEARINGS b. Public Hearing - Continued. DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO ESTABLISH A DENSITY DES- IGNATOR OF H (15 UNITS PER ACRE) FOR MIXED USES IN THE C-1 RETAIL COMMER- CIAL ZONE IN PLANNING AREA 6 ALONG EL CAMINO REAL LEGISLATIVE BUSINESS 10. Motion to waive reading and introduce an ordinance for nuisance abatement. AN ORDINANCE ADDING CHAPTER 8.26 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO ABATEMENT OF NEIGH- BORHOOD NUISANCES 2./o PUBLIC HEARINGS on sidewalks from Orange and now he is afraid there will be even greater parking problems with the office downstairs from the apartments. In the future someone may open up the back of the property and purchase lots on A Street and he feels that will be out of line because of the many children in the area. Chief Planner Harnish stated that based on parking standards, the parking is adequate. Discussion followed: the off-street parking would not be on A Street; the on-street parking would be on El Camino; four spaces have been provided for the units; the access is only on El Camino; only duplexes would be allowed on A Street because it is zoned R-2 and would not permit apartments; you cannot speculate what the future brings, the issue is are we going to approve it. Mayor Fernekes closed the Public Hearing. M/S Yee/Penna - To approve Mitigated Negative Declaration No. 97-004, and PUD-97-004. Carried by unanimous voice vote. M/S Yee/Penna - To adopt the resolution approving GP-96-116 and GP-97-004 and to waive reading and introduce the ordinance. RESOLUTION NO. 95-97 AND 1ST READ- lNG/INTRODUCTION Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. City Attorney Mattas related: there were extensive meetings with property owners, their staff and legal counsel on this ordinance; the ordinance is a three prong to cope with nuisances in the City; the City is considering a joint venture to manage and acquire some of these buildings in Willow Gardens; we are looking at options to assist in developing standar- ized leases; there is an aggressive program by the police that is on-going for a handful of properties; 8/13/97 Page 16 AGENDA ACTION TAKEN I.EGISLATIVE BUSINESS 0. Motion - Continued. 8/13/97 Page 17 LEGISLATIVE BUSINESS there are some property owners that did not do a good job and oppose the ordinance; this ordinance is a mechanism to respond to nuisances of noise, gang activity and harassment to adjacent property owners and threats; this makes the property owners respon- sible for their tenants which is enforceable by the City, but if the owner was in an eviction process they can use this ordinance, which was a request by property owners; if the Police Chief's efforts with the owner and tenant is not successful, then he can issue a citation; it is important to note that the first step is voluntary where we notify them and try to resolve the problem before enforcement; the City is looking for good faith efforts from the property owners, if they are making prompt repairs with the security of the property; if the property owners go to Court and have a problem trying to evict the tenant, and the Court says it is not appropriate, then that is conclusive evidence on their part and we would not pursue the property owner; going to Court is time consuming and expensive and if the Court rejects it we don't want to further cost them; assuming we had an enforcement action, we gave notice, they can either implement more effective property management or increased lighting and if they don't comply with that we can enforce it unless they file an appeal which is heard by the City Man- ager or at the request of the property owner we will have an outside person; they asked for that and they will pickup the cost of that; there is one other im- portant step at the request of the property owner, there is an opportunity for mediation once the Chief notifies the potential violation, then the cost is shared with the City and the property owners and there is a cap of what can be given to the mediator if both sides agree; this ordinance applies to nui- sance type activity on the property and at the request of the property owner we have reduced it to within an area of 100 feet; we have also reduced the amount of fines under the administration penalties and added the mediation and expanded and clarified the document; if the owner goes to Court it is good faith action on their part; he stated a couple of addi- tional items were delivered to Council and a further explanation of problems we encountered over the years, and there is a letter from his Office in re- sponse to the legal counsel for the rental repres- entatives; we have had numerous meetings with the attorneys representing the rental property owners; AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 0. Motion - Continued. 8/13/97 Page 18 LEGISLATIVE BUSINESS we have not come to agreement on all things, but the police and his Office feel the ordinance proposed is appropriate and we shared it with Mid Peninsula and they have no objections. Mrs. Valerie Lambertson related: she has lived at 30 Arlington for over 37 years and for eleven years has owned four units on Brusco Way and she and her husband have always worked with the tenants; they have followed the guidelines pertaining to Willow Gardens; always worked with the police, Council- members Teglia and Penna to clean up the area, get garbage cans for the tenants and let them know that plastic is not acceptable by the Scavengers; she is talking about many property owners that worked with the City on the common greens and a higher assessment; we have been told about the crime issues, we were asked who did this and were told it was a violation of the tenants rights and we handled that on our own; our leases contain provisions for actions in the event of violations by tenants; concern over lack of notification of the proposed ordinance and she only learned of this ordinance by reading the Enterprise Journal; the Mayor sent her a letter and invited her to a meeting with the City Attorney; she found it amazing that the assessment mailing list was not used to notify property owners and this should be in the compliance lists with Sue Harris; Willow Gardens is not a large area and it is easy to get the property owners address; in the ordinance the nuisances seem to be misdemeanors and under police jurisdiction, how is it the property owners have to carry out the duties of the police; she is sorry for the people who have suffered harassment and find it distressful that the police can't stop the problem of illegal activity of the tenants and ask us to handle the problem without threatening; she and her husband will participate and cooperate; you are being asked to pass an ordinance and we are asked to carry out police duties; if you do pass the ordinance there is a provision to review the ordi- nance in one year and urged Council to do so. Discussion followed: Mayor Fernekes asked, did staff miss a step in the notification process; the City Attorney sent it to the assessment parcels and made it available to other rental organizations, subsequent to that we used the list of attendees of meetings and had met individually with Mrs. Lambertson and AGENDA ACTION TAKEN LEGISLATIVE BUSINESS O. Motion - Continued. 8/13/97 Page 19 LEGISLATIVE BUSINESS others; he did not send all versions of the ordinance to all people and with those that did not respond we did not do a broad based mailing; we are only deal- ing with 52 properties and the Vice Mayor feels all interested parties should have had a summary of the ordinance to get the public up to speed; etc. Mr. Terry Feinberg, Tri-County Apartment Assoc., commended the City Attorney for involving his firm in this matter, even though there are still areas of disagreement that are not acceptable. He urged the Council to consider their points and incorporate them into the ordinance. They fully recognize the nuisance problems and the frustrations of the Chief. He does not want any one to get the idea that prop- erty owners do not have enforcement or they should serve in the role of police. We do not believe this is the only source of nuisance in the City. He finds it ironic that with an ordinance with broad applications we are being asked to trust the intentions of the City because of a handful of cases, but at the same time if you are not enabling the Police Chief to have the tools and the power for nuisances for all real proper- ty. The staff report says property owners have the responsibility to maintain their property, yet to control it 100' off of their property - he finds that difficult. Many of the perpetrators the police cannot control, so we would prefer that the control remain on the property or for 50 or 75' rather than 100' which does not.go into other property. This comes back into the intent of the ordinance and would add insult to injury. His concern is that the ordinance will last longer than the Councilmen's tenure. He spoke at length on trying to take action on hearsay, so it is critical that communications come from the Chief to the property owners on the violations. He believes it is Council's intent to avoid the issu- ance of citations and the dialogue upfront. They believe the hearing officer should be neutral and the prevailing party should bear the cost of the hearing. When neutrality was discussed there was the percep- tion of bias if the City Manager, who is the Supervi- sor of the Chief of Police, should be the hearing officer and to allow a neutral body to do this and the prevailing party pay. Mr. John Falsarella, 1385 Lasven Dr., Millbrae, stated he has been a residential property owner since 1966 and prior to that lived in S.S.F. for 25 years. AGENDA ACTION TAKEN LEGISLATIVE BUSINESS O. Motion- Continued. 8/13/97 Page 20 LEGISLATIVE BUSINESS He stated they had problems in the units and were able to cooperate with the Police Chief on the small problems they were faced with. Whether the police. came by with more frequency or whether the per- sons were held in custody for graffiti. He com- mended Council, for he heard of this ordinance, not from the City, it was from the Times and Mr. Drago held over the passage of the ordinance be- cause he was disturbed that he was not noticed before it was passed. The Council decided to post- pone the ordinance, it was decided that the property owners should be brought in and he was invited to work with the committee. It was a good committee and he complimented Raffaelli, Petrocchi and Mattas and his assistants. Progress was made, however, we could have gone even further. You have to realize if you own rental property that it is a tough job and we try to keep our property up, however, the more obstacles put in our way the more difficult to do the job. He stated you could not tell your tenants what to do off of your property and he feels this section of the ordinance should be deleted. He stated there are still sections of the ordinance that have to be addressed, plus the one to be deleted, and make it easier for the property owners to do a good job. Mr. Patrick Nobis stated this ordinance was enacted from a lot of documents he has brought to the Coun- cil of what Alden Glen has suffered, yet this does not excuse the behavior of the tenants. This is not going to help the situation in Alden Glen or the new development, this is not going to turn the trick. They have to have three offenses and be caught three times in a 12 month period. We can't even see who is attacking us. How are we going to identify the perpetrators, for the property owners have a point. In fact he thinks it is a waste of time that you went through this watered down ordinance. If the Council remembers a couple of months ago it was law enforcement and health and safety. He feels he is a sitting duck and the people buying these new houses will also be sitting ducks. He has a tape from a Planning Commissioner who said he could be happy because we are providing more targets and he is really upset with staff. He has concerns ov- er the staff report that says only one family has called the police, when the Alden Glen rear yard AGENDA ACTION TAKEN LEGISLATIVE BUSINESS Motion - Continued. 8/13/97 Page 21 LEGISLATIVE BUSINESS abuts to the easements in Willow Gardens and the residents have called police in excess of 50 times to report graffiti and juvenile vandalism, including rocks and pellets shot that have damaged the walls and the sliding glass doors. The police, to help, installed a hidden TV in additional to foot patrols and the police spent a considerable amount of re- sources to address the problems. First of all he is upset, he has been a victim for seven years and he is upset the staff has victimized him again saying, by his complaining about the graffiti. He called the police on unprovoked attacks on his property and he was encouraged to call the police. What concerns him in the report is the other reports, other than the addendum, does not address the other reports filed in the neighborhood, but says the youths were retaliating against him for his com- plaints. He wants the police to tell him who it is that is retaliating against him. It doesn't involve the numerous complaints of vandalism and break-ins reported by other neighbors. It is no wonder more people don't come forward, for they will not unless the City will back them up. This was not a hidden video, the police went to the apartment and asked to put it in, when they put the video in the kids saw it. When the video was up the amounts of attacks were reduced and when the camera came down they started again. Why haven't you, as responsible leaders of this community, monitor all the time. This is what is needed, not this ordinance and one of these days some one is going to be hurt and he is here to put it on record that you are responsible, he wants those people to have plenty of information. He stated he could not understand Councilman Yee tonight, when the Planning Commission and the police proposed the 8' wall between the property line you opposed it, but in this new development you want them to have an 8' wall - why the differ- ence. Health and safety was very important, but you people rejected that, he is saying now the Coun- cil and police have a responsibility to the remaining neighborhood and the new people coming in to take acquisition and be involved, but you have to have the video to identify the perpetrators and he pro- ceeded to question Councilman Yee. City Attorney Mattas stated Mr. Nobis' comments were out of order. AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 0. Motion - Continued. 8/13/97 Page 22 LEGISLATIVE BUSINESS Discussion followed: Mayor Fernekes stated the subject matter is the ordinance; Mr. Nobis disagrees with the ordinance for it will not solve the problems. Mr. Collin Post stated he remembered this issue when Jack Drago was in Office and his neighbor- hood also had problems on their block at that time, for kids were vandalizing and breaking windows and doing graffiti. He heard someone say the owners cannot be police- men, that is true they are not, but they are owners of this property and if you have problems 100' away then they should screen the tenants. He commended the police for keeping them away from his block. Councilman Penna stated he read Mrs. Lambertson letter who had asked for the information and he thought anyone could call in for the information. City Attorney stated significant information is pub- lic, but there are certain items where the Police Dept. may chose not to release them, but the facts and circumstances are available as public records. Councilman Penna stated in reading the letter he did not think it was proper to hold property owners responsible unless the property owners know what is going on. There are many cases and areas where there are owners that are not aware of what S.S.F. residents have done in suing SFIA in Small Claims Court and getting a judgment for a nuisance, which this is also. The owners said that no ordinance should just affect one type of property and the rea- son we just passed an ordinance in the industrial area regulating freight forwarding is there are truck- ing uses that block East Grand Avenue and Harbor and entrances to the City and nobody bothers to enforce that which is a nuisance for anybody coming into the City. We should look at all properties with this ordinance. He stated you need proof of the nuisance before going into Court for the Judge to award against the individual and you can collect, and you will think carefully before letting someone rent your property because it is all a case of meet and confer. Some government officials like the police or the code enforcement have to go through the meet and confer process. AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 0. Motion - Continued. 8/13/97 Page 23 LEGISLATIVE BUSINESS City Attorney Mattas related: the basis for the limitation for residential property that is the source of the problem, the City has other types of ordi- nances for non-residential use and the types of activ- ities identified as defined nuisances. If we are going to try to create an ordinance that is going to attempt in some sections of the City having to do with graf- fiti and the disruption of property values and other peoples rights, then we have to be more cooperative with the police enforcement and the way property owners process lease applications. The application process is based on the person's income, credit and any references. Vice Mayor Mullin related: he does not believe anyone is in the business of asking the property owners to substitute for the police; the ordinance is relatively mild and this is only the first step being taken and it will be coupled with on-site manage- ment and a whole variety of things that will take cover the problem areas of the City to turn it into a model that will be desirable for people to live in; his concern is, how far off the property does the prop- erty owners responsibility and if we are talking about graffiti and vandalism that occurs out of the apartment or building itself; he has a problem with 100' and would have substituted, the behavior of residents within the confines or immediately adjacent to the development; he understands there are certain areas where we are responsible and this is just an- other tool to address problems that are continuing and exacerbating; he has problems with people saying let's get the tape measure out; in refer- ence to retaliation it seems that is with the one resi- dent who has had a lot of problems; this is not the only City to have a multi faceted approach with social problems; he attended a long presentation in Bellflower on a stronger ordinance for a degenerated area; he had questions about the nuisance officer for that seemed to be a technical problem; did Mr. Feinberg speak of Writ of Notice; etc. Discussion followed: he said written notice refer- ring to Subsection A and the City Attorney does not have a problem changing that; the Vice Mayor is disappointed that the video cameras were common knowledge, for they were not common knowledge to Council, nor did they tell us they were going to be taken down; if that is the kind of police activity, AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 3. Motion - Continued 8/13/97 Page 24 LEGISLATIVE BUSINESS where is the police responsibility, for safety is still with the police; Councilman Datzman stated one of the concerns we are talking about is quality of life, illegal gang activity, these are issues that most often fall into the hands of the police and he wanted com- ments from the police; Police Captain Cooper stated the police can be reactive and document the incidents attempting to locate witnesses and suspects, take appropriate action and the odds are slim; proac- tive measures do work, but we have to have a coop- erative effort with the property owners and other City Depts. and other resources by going out into other jurisdictions and seeking other successful issues; we view this ordinance as a tool, it is one of several that we will use to enhance the quality of life issues and we view it as a tool not something we are going to use as enforcement tools; we have a philosophy to treat others like we would like to be treated and we would use progressive steps; he looks at this as a tool for the police to assist the people within the affected areas and simply to assist us in putting property owners on notice that they are going to take on responsibility; we will go out and talk to the home owner trying to gain a compli- ance; if the homeowner will put up lighting that will help us police the area and this ordinance will help to screen the tenants; staff has been working on the ordinance for roughly a year or so; Berkeley has safe streets where people take responsibility them- selves; Councilman Datzman stated five or six years ago, as Police Chief, we talked about a given area with problems and when a landlord is occupying one of the units, chances are you will have less prob- lems; when a poor job was done in managing the units they pointed the finger at the police; landlords collect the rents, maintain the property and do a pretty good job; the third responsibility is for the tenants conduct and that falls through the cracks; the expectation is with the police so, along comes a tool that people have been trying to get something done and if the police appear somewhat harsh the owners can appeal to the City Manager; they are saying, oh no, we can't do that, can't trust him and we have to get into the process of mediation; another safe- guard says in the end of a year you set out issues; Councilman Yee stated all of his concerns had been identified by the Vice Mayor and wants staff to work on the issues; Councilman Penna suggested a different approach and bring these property owners AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 0. Motion - Continued 8/13/97 Page 25 LEGISLATIVE BUSINESS in and having them try to give us a clarification; City Attorney Mattas stated his office and the police recognize safe streets that are being used against drug houses, but he believes that is another tool and is not exclusive for this ordinance; we made it clear to the rental people that this ordinance will only be fully enforced on the absent owners that are not taking action; he would clarify page 9 of the nui- sance ordinance to read, "neutral officer" for the "qualities" is a typo and he will correct the record; in terms of the 100', it originally said 100 yards and we believe 100' is a reasonable distance over which a property owner would have the opportunity to view their property; we put in the one year review, obviously for discussion; he recommends keeping the 100', but after a year if it is problematic, as an alternative you can delete the 100', and if in a year it is not successful, then we can come back, but we thought that was a reasonable distance; the Vice Mayor's comment about it being adjacent to, we talked to that, but that is a problem with enforce- ment; we believe this is a reasonable resolution of the issues and recommend the Council waive reading and introduce the ordinance; Councilman Penna stated, on the 100' you are assuming the property owners are on the premises, yet most of the property owners are not around and in order to identify the violators they have to prove who did it, otherwise how can you hold anyone responsible; City Attorney stated they do not make the assumption that the property owners life on site, we believe there is a reasonable distance that the property owners should take proactive steps to observe the activity of the residents; Councilman Penna disagreed, no one is the parent of anyone else unless it is your child and you are putting a responsibility on the property owners who are not on-site; he cannot support that and does not see legally where you have a legal basis; City Attorney stated they have reasonable manager responsibility to oversee the activity of the tenants within the nexus; what is the basis of the law; you have a duty to properly manage your prop- erty; yes, when you can prove it and it is already provided by law and he cannot support this; Coun- cilman Datzman stated this whole issue of media tion, and we have an ordinance whose avenue leads to the City Manager and that does not cost additional money, and if that doesn't work they can get a mediator and play lots of money; the mediation AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 0. Motion - Continued 8/13/97 Page 26 LEGISLATIVE BUSINESS request came from the property owners and indicat- ed they have effectively utilized this in dealing with the problems before and the entire focus was to attempt to come to compliance before going into adversarial and it is an initial step; Councilman Penna asked, what happens if a tenant walks within 100' and does damage to another property, the police are called, but there is no way to identify the violator; then even under this ordinance we cannot do anything; where do you gain the proof if the property owner is not available or on site or away, and so you are taking somebody else' word for it and a tenant has done some damage here and now you are going to pull property owners responsibility -- it is not making any sense here, what are you trying to do; City Manager stated this was discussed as one of the areas to clean up neighborhood, for the property has to be managed; we see problems where the people have failed to properly manage their property; where you can identify a situation, where the property isn't being maintained, now there must be for that is the thrust of this document; Council- man Penna stated that can be done under small claims. M/S Mullin/Datzman -To waive reading and intro- duce the ordinance and include the City Attorney changes. Councihnan Yee asked if six months is too soon to review; he agrees it is difficult to hold a landlord responsible and believes it is better to have a shorter time period; Vice Mayor Mullin stated this is still a police response area and this is the first step to change an area that is below standard and improve the quality of life; Councilman Yee stated this could apply to any duplex. The Motion and Second tailed Councilmen Yee and Penna voted no, and it required a unanimous voice. M/S Mullin/Datzman - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Mullin/Datzman- To introduce the ordinance. Carried by majority voice vote, Councilmen Yee AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 0. Motion - Continued ITEMS FROM COUNCIL 11. Appointments to the Conference Center Authority. ~_G~ t/-' 12. Resolution in support of the CalTrain improvements. A RESOLUTION SUPPORTING CALTRAIN SYS- TEM IMPROVEMENTS GOOD AND WELFARE ADJOURNMENT: LEGISLATIVE BUSINESS and Penna voted no. ITEMS FROM COUNCIL M/S Yee/Penna - To appoint Debra Coffelt, General Mgr. Best Western Grosvenor Hotel and Bob Bledsoe, General Manager Ramada Inn/Holiday Inn as recommended by the S.S.F. Hotel Assoc. Carried by unanimous voice vote. Councilman Yee stated he read it closely, it is supporting the downtown extension which is very political and feels it is a dead horse that is already beaten down. Councilman Penna stated he brought it up and supports it to get passenger service, otherwise we will suffer more congestion and does not think it is a dead horse. Vice Mayor Mullin stated S.F. is not going to fund this, it is going downtown and he has problems going on record with something opposed by S.F. He asked that the City Attorney take out the down- town extension in the second whereas. M/S Penna/Mullin - To adopt the Resolution, but take out "downtown extension in the second where- as." RESOLUTION NO. 96-97 Carried by unanimous voice vote. GOOD AND WELFARE No one chose to speak. M/S Yee/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:46 p.m. 8/13/97 Page 27 AGENDA RESPECTFULLY SUBMIT'FED, Barbara A. Battaya, City Clerk City of South San Francisco ACTION TAKEN APPROVED. Oity of So~th 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. 8/13/97 Page 28