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HomeMy WebLinkAboutMinutes 1982-04-21Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte MINUTES CITY COUNCIL Municipal Services Building Community Room April 21, 1982 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 21st day of April, 1982, at 6:30 p.m., in the Community Room, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for Labor Relations. Dated: April 15, 1982 Gus Nicolopu~os, Mayo~' City of South San Francisco AGENDA SPECIAL MEETING PLEDGE OF ALLEGIANCE CALL TO ORDER: CLOSED SESSION: RECALL TO ORDER: ACTION TAKEN SPECIAL MEETING Reci ted. 6:39 p.m. Mayor Nicolopulos presiding. Council present: Acos/ca, Teglia and Nicolopulos. Council absent: Addiego and Damonte. Council adjourned to a Closed Session at 6:40 p.m. Councilman Damonte arrived at 6:42 p.m. Councilman Addiego arrived at 6:45 p.m. The meeting was recalled to order at 7:05 p.m., all Council present, no action taken. M/S Teglia/Acosta - That the meeting be adjourned. Carried by unanimous voice vote. 4/21/82 Page 1 ADJOURNMENT: RESPECTFULLY SUBMITTED, Time of adjournment 7:06 p.m. APPROVED: Barba~ra Battaya~ City of South San Francisco ~Gu-s Nicolopulos, Mayo~r City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the office of the City Clerk and are available for inspection, review and copying. 4/21/82 Page 2 Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte AGENDA PLEDGE OF ALLEGIANCE CALL TO ORDER: (Cassette 1) INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Add under Items from Staff, a request from the Santo Christo Society for a permit for a festival and parade. - Add under Items from Staff, con- sideration of modifications to the Grand Avenue Library. - Closed Session to discuss litigation and personnel matters. PROCLAMAT I ON GIRL SCOUT LEADER'S DAY APRIL 22, 1982 MINUTES CITY COUNCIL Municipal Services Building Community Room April 21, 1982 ACTION TAKEN Reci ted. 7:45 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. The invocation was given by Reverend Paul Dirdak of the Aldersgate United Methodist Church. AGENDA REVIEW Vice Mayor Teglia asked why these items had been added to the Age~daReview rather than be placed on a future Agenda. City Manager Birkelo stated that the City had an architect working on the old Police Building who would soon be going to bid for materials and felt that the modifications for the Library could be tied into the same project. He asked for direction on whether the matter should be forwarded to the Police Building Subcommittee for review. He stated that $40,000 was estimated for work outside the Library and $20,000 for work inside the Library. A discussion followed on Council policy of not allowing items to be added to the agenda under Agenda Review unless all Council agreed to the additional items. Consensus of Council - that the items would be added to the Agenda. PROCLAMATION Vice Mayor Teglia presented the Proclama- tion to Ms. Diane Pariani, Chairman of the South San Francisco Girl Scout Leaders. 4/21/82 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS CONSENT CALENDAR Minutes of the Regular Meeting of 3/17/82, Adjourned Regular Meeting of 3/24/82, Adjourned Regular Meet- ing of 3/31/82 and the Regular Meeting of 4/7/82. Staff Report 4/21/82 recommending by Motion to deny and refer the following claims to the City's Insurance Adjuster and to the Office of the City Attorney: a) Claim as filed by Geoffrey Becker, Esq., on behalf of Don Herauf Construction Specialties, alleg- ing property damage sustained as the result of negligence of the City in maintaining, operating and controlling the Colma Creek and failure to keep storm drains operating for the purpose of receiving flood waters; b) Claim as filed by Jerome N. Field, Inc., A Law Corporation, on behalf of Daniel Fay and Carol Fay alleging damages and substant- ial destruction of property value due to danger of further mud slides; c) Claim as filed by Mark Garfinkel alleging damages as the result of improper design and maintenance of storm drains and sewers; d) Claim as filed by Jerome N. Field, Inc., A Law Corporation, on behalf of Edgar Mandap, alleging damages and dim- inution in value of property as the result of a mud slide from adjoining property owned in part by the City, California Water Co. and private property; e) Claim as filed by Jerome N. Field, Inc., ORAL COMMUNICATIONS Ms. Monika Ahajanian, PTA President of Roger Williams School, asked that Item No. 17 be heard after Item No. 10 as there were children in the audience who wished to address Council on that item. So ordered. CONSENT CALENDAR Approved. 4/21/82 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 2. Staff Report - Continued. A Law Corporation, on behalf of Ralph Joseph Leyva and Clara Leyva, alleging the destruction and damage of personal property as the result of a mud slide from adjoining property owned in part by the City; f) Claim as filed by Jerome N. Fi eld, Inc., A Law Cor- poration, on behalf of Mr. and Mrs. Ralph Leyva, Jr., alleging damages as the result of a mud slide from adjoining property owned in part by the City. e A Resolution commending Theodore Silvas upon his retirement with the Police Department. A RESOLUTION COMMENDING THEODORE SILVAS 4. Staff Report 4/21/82 recommending by Motion to authorize the Purch- asing Officer to advertise for bids for liquid chlorine for the Water Quality Control Plan. 5. Staff Report 4/21/82 recommending by Motion to authorize the Purch- asing Officer to award the bid for law enforcement safety equip- ment to Chessire and Perez of Monrovi a. 6. Staff Report 4/21/82 recommending adoption of a Resolution approv- ing plans and specifications, authorizing the Purchasing Officer to advertise and receive sealed bids for the Mission and Evergreen Storm Drainage Improve- ments, Project No. SD-81-2. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR MISSION AND EVERGREEN STORM DRAINAGE IMPROVEMENTS, PROJECT NO. SD-81-2 CONSENT CALENDAR So ordered. RESOLUTION NO. 39-82 Approved. Approved. Removed from the Consent Calendar by Vice Mayor Teglia for discussion. 4/21/82 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR o Staff Report 4/21/82 recommending adoption of a Resolution awarding the Gel lert and Westborough Traffic Controller Replacement Project to Traconex of Santa Clara, Project TR-81-1. A RESOLUTION OF AWARD OF CONTRACT GELLERT BOULEVARD AND WESTBOROUGH BOULEVARD TRAFFIC CONTROLLER REPLACEMENT PROJECT NO~ TR-81-1 Staff Report 4/21/82 recommending adoption of a Resolution awarding the 1981-82 Street Resurfacing Pro- gram - Phase II to the lowest res- ponsible bidder, Project No. ST-81-1A to FM&L General Engineer- ing Contractors. e A RESOLUTION OF AWARD OF CONTRACT 1981-82 STREET RESURFACING PROGRAM, PHASE II, PROJECT NO. ST-81-1A Staff Report 4/21/82 recommending by Motion to accept the South Linden Tract #3 Parcel Map No. PM-81-189 public improvements as complete. e Staff Report 4/21/82 recommending adoption of a Resolution approv- ing plans and specifications, authorizing the Purchasing Officer to advertise and receive sealed bids for the Mission and Evergreen Storm Drainage Improve- ments, Project No. SD-81-2. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR MISSION AND EVERGREEN STORM DRAINAGE IMPROVEMENTS, PROJECT NO. SD-81-2 CONSENT CALENDAR RESOLUTION NO. 40-82 RESOLUTION NO. 41-82 Approved. M/S Damonte/Teglia - Consent Calendar be approved. Carried by unanimous voice vote. Vice Mayor Teglia said that the report asked authority to clean and repair the existing line, however there was no assurance th~ Colma and the County were going to do anything at their end to take care of the branches, rocks and silt that enter the pipe. She said that she would like to talk to Colma about sharing the costs of repairs to this line Director of Public Services Yee said that he had talked to Colma's City Engineer who shared this City's concerns and was willing to share the repair costs with this City. 4/21/82 Page 4 AGENDA ACTION TAKEN ~ 6. Staff Report - Continued. APPROVAL OF BILLS 10. Approval of the Regular Bills of 4/21/82. PUBLIC SERVICES 17. Report on request for traffic control at Grand and Magnolia Avenues. He said that he had contacted the County Staff and asked if the County would participate financially in the repairs and that the answer had been no, that the County would not partici- pate. He recommended that the Council or the City Manager make an appeal to the Board of Supervisors of the County to share in the sewer line repair costs. Vice Mayor Teglia advised the City Manager and Staff to meet with the officials in Colma to define financial participation. M/S Damonte/Teglia - To adopt the Resolution. RESOLUTION NO. 42-82 Carried by unanimous voice vote. APPROVAL OF BILLS Councilman Addiego questioned a bill for $2,590 for a sprinkler for the Municipal Services Building, and a bill for $1,000 for services rendered. Director of Public Services Yee said that the Council had authorized the sprinkler to be cemented into the ceiling. City Manager Birkelo said that the services rendered were for Mr. Bob Fields for emergency planning. M/S Acosta/Damonte - To approve the Regular Bills. Carried by unanimous voice vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. PUBLIC SERVICES 4/21/82 Page 5 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Report on request for traffic control at Grand and Magnolia Avenues - Continued. PUBLIC SERVICES Director of Public Services Yee stated that he had made a traffic study on the intersection of Grand and Magnolia in response to a petition received from the residents. He stated that Staff had come to the conclusion that a stop sign was not warranted based on the criteria as set forth by the Highway Manual. He stated that he had met with Mrs. Reece, Mr. Elmore, Police Chief Datzman and the City Manager on Friday and had outlined the report. He said that the pros and cons had been discussed of five different options: 1) Install a traffic signal ($100,000); 2) Install stop signs or portable stop signs; 3) Increase pedestrian warnings signs; 4) Allow crossing only at Grand and Orange Avenues or at Grand and Spruce Avenues which have traffic signals; 5) Leave as is. He continued to describe the results of the traffic study in great detail. He stated that at the conclusion of the Friday meeting it was decided to try Option No. 3, increased pedestrian warning signs, which would be implemented by the Police and the School for a "Safe to School" program. Mayor Nicolopulos asked if Mrs. Reece and Mr. Elmore were the representatives of the people who had signed the petition. Ms. Monika Ahajanian stated that the two individuals were representing themselves. She said that she was unable to attend the meeting, however she understood that consent had not been given to any of the five options presented. She stated that the petition signers had opted for a stop sign and thought it would be the cheapest cost to the City. She said that after listening to Mr. Yee she now thought a lighted signal would solve the problem. She stated that Spruce School had a stop sign on each block. 4/21/82 Page 6 AGENDA ACTION TAKEN PUBLIC SERVICES 17. Report on request for traffic control at Grand and Magnolia Avenues - Continued. RECESS: PUBLIC SERVICES Mr. James Elmore, 642 Commercial Ave., stated that the posted speed limit was 25 miles, however on any given day the traffic flow was at a speed of 45 miles on Grand Avenue. He stated that a stop sign would alleviate the traffic problem and permit greater safety for the children crossing at that intersection. He stated that a lighted signal would allow the greatest protection for the children and wondered if there were statistics compiled on traffic citations and accidents that have occurred at that intersection. A discussion followed on the five options presented; stop signs not being adhered to; crossing guards; whether the children crossing the street were being discharged from cars; safety patrols; the Police Chief con- ducting a night meeting at the School to apprise the residents of the options available; whether safety education aided the children's safety, etc. Ms. Pat Dickson stated that the Reece family had assumed $17,000 from their child being hit by a car at Grand and Magnolia. She felt that the City should spend $100,000 for a lighted signal so that other families would not undergo financial and emotional problems that the Reece family was undergoing. Ms. Diane Payne, Art Teacher, said that safety education does not take care of the problem and that she had witnessed many near accidents because of speeding cars. Consensus of Council - The Police Chief and the Director of Public Services are to hold a meeting with the residents to hear their concerns. Mayor Nicolopulos declared a recess at 8:45 p.m. 4/21/82 Page 7 AGENDA ACTION TAKEN RECALL TO ORDER: CITY CLERK 11. Staff Report 4/21/82 recommending adoption of a Resolution which adopts a policy for the annual rotation of Mayor and Mayor Pro Tempore. A RESOLUTION ADOPTING A POLICY FOR ANNUAL ROTATION OF MAYOR AND MAYOR PRO TEMPORE CITY MANAGER 12. Staff Report 4/21/82 recommending: a) Adoption of a Resolution approv- ing the issuance of 1982 tax allocation notes for the Gateway Redevelopment Project by the Redevelopment Agency of the City of South San Francisco; b) Adoption of a Resolution author- izing execution of a repayment agreement for the Gateway Redevelopment Project area. Mayor Nicolopulos recalled the meeting to order at 8:57 p.m., all Council present. CITY CLERK City Clerk Battaya stated that Council had directed the City Attorney to draft a Resolution for the annual rotation of Mayor and Mayor Pro Tempore. Councilman Acosta asked why the Resolution read, "... continue in their offices until no later than the fourth Tuesday after the day of the General Municipal Election." City Attorney Rogers stated that the City Clerk had been told by the County Clerk that the official election certification would take two to three weeks and that the City Clerk needed additional time for the Resolution of election certification. He stated that there was a provision in SB230 to extend the term of office to four weeks after the election to allow sufficient time for the official ballot count. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 43-82 Carried by unanimous voice vote. CITY MANAGER City Manager Birkelo stated that the Council, while sitting as the Redevel- opment Agency had agreed to defer the repayment item. He stated that Mr. Tom Gaffney would describe the bond sale to take place on May 19, 1982. 4/21/82 Page 8 AGENDA ACTION TAKEN CITY MANAGER 12. Staff Report 4/21/82 - Continued. A RESOLUTION APPROVING THE ISSUANCE OF 1982 TAX ALLOCATION NOTES FOR THE GATEWAY REDEVELOPMENT PROJECT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO A RESOLUTION AUTHORIZING EXECUTION OF A REPAYMENT AGREEMENT FOR THE GATEWAY REDEVELOPMENT PROJECT AREA 13. Staff Report 4/21/82 recommending adoption of a Resolution for an extension of a contract with San Mateo County for Library Manage- ment Services. A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO "AGREEMENT BETWEEN CITY OF SOUTH SAN FRANCISCO AND THE COUNTY OF SAN MATEO FOR PROVISION OF MANAGEMENT SERVICES OF THE SOUTH SAN FRANCISCO LIBRARY" CITY MANAGER Mr. Tom Gaffney, Bartel, Wells Assoc., Municipal Financial Consultants, dis- cussed the process for the sale of tax allocation notes for the Redevel- opment Agency through a public com- petitive sale on an open market with the attempt to secure the lowest interest rate possible. He said that his firm had prepared an official statement which described the project and the financial plan, the overall economic restraints of the City and the Redevelopment Agency in a favor- able light. Discussion followed on individual buyers of the bonds, one individual buying the whole lot, maturity of the bonds, whether members of the community wished to invest in the future of the City, the tax exempt status of the bonds, etc. M/S Damonte/Acosta - To adopt the Resolution. RESOLUTION NO. 44-82 Carried by unanimous voice vote. City Manager Birkelo asked that Resolution b) be deferred. M/S Damonte/Acosta - To defer the second Resolution. Carried by unanimous voice vote. City Manager Birkelo recommended that the contract be continued with the County as it was beneficial and a savings to the City, rather than appointing a new Library Director. Vice Mayor Teglia asked when would be a good time to break away from the County. City Manager Birkelo said that before the end of the new contract. 4/21/82 Page 9 AGENDA ACTION TAKEN CITY MANAGER 13. Staff Report 4/21/82 - Continued. 14. Status Report on Avalon Drive storm drainage. CITY MANAGER Vice Mayor Teglia stated that she was very interested in the City advertising for a Library Director before the agreement with the County was set in concrete. She said that she was against the City using the County to manage the City's libraries on a permanent basis. Councilman Addiego asked why the City was not looking at all options now rather than a year from now. City Manager Birkelo said that he would come back before Council in six months and go through the options available to the City. He said that an abrupt change in the program would be detrimental. Mayor Nicolopulos asked for an analysis of the work that had been done in the County program before a decision was reached on the termination of the service. Councilman Acosta stated that the contract read that a 90 day notice must be given to terminate the contract. Discussion followed on the terms of the agreement, Staff reporting to Council in three months with options, etc. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 45-82 Carried by unanimous voice vote. City Manager Birkelo stated that at the last meeting Council had referred the following two questions to Staff on this item: 1) Council's legal rights and obligations in relation to this matter; 2) The City's ability to finance any major upgrade of that drainage system. He said that the information derived was that the City had a number of areas where the 4/21/82 Page 10 AGENDA ACTION TAKEN CITY MANAGER 14. Status Report- Continued. Cassette 2 CITY MANAGER drain system, based on experience from recent rainfalls, are more serious than the matter of Avalon Drive and were of a higher priority when the City adopts the Capital Improvements Projects. City Attorney Rogers stated that the two questions asked of his office were: 1) Could the City deny Mr. Poletti's request; and 2) What were the legal ramifications. He said that if Council was to deny Mr. Poletti's request and base that on substantial evidence - that installation of the drainage pipe would have significant adverse affects upon the environment; or based upon some other articulable reason that would be in the public's interest. He said that it was doubt- ful that the City would be exposed to some measure of damages as a result of a denial. He said that he antici- pated two theories that the landowner might assert for relief, first the inverse condemnation; second an action mandamus to compel the issuance of the required permits, to have the Court tell the City to allow the pipe to be installed. He said that his research revealed that the landowner would have to allege and prove certain elements for an inverse condemnation action in order to collect from the City. He said that in his opinion an inverse condemnation action should not be successful. He spoke at length and said that there had not been evidence presented that he had heard that said that the drainage system had actually caused damage to any properties in the area. He said that he did not believe that Mr. Poletti would be denied the ~ea:s~lle use of his property by telling Mr. 'Poletti, "no." Vice Mayor Teglia expressed concern with the proposed rating that was supposed to direct water from this site, surface-wise toward Alida 4/21/82 Page ll AGENDA ACTION TAKEN CITY MANAGER 14. Status Report on Avalon Drive storm drainage - Continued. CITY MANAGER and that Alida comes down into a dip. She continued, the school grounds of St. Veronica's is higher than the dip and immediately slopes down toward the basement of the church. She stated that the residents of the area could cite areas that flood and that if the water was not to be directed to a holding pond and.~ could overflow and cause more flooding. She asked Staff to address the flooding problems and asked for evidence to be given. Councilman Damonte stated that the interior of the Church was not level with the outside surface. Mr. Stamatis stated that the window was below the stairs and that was where the water came in and had been pumped out by the Fire Department. Vice Mayor Teglia stated that in putting in the pipe there was to be some grading which would allow water that formally collected in the area to run surface-wise to Alida, which was an area that had existent flooding. City Attorney Rogers explained that if the Council said no to Mr. Poletti that he did not believe Mr. Poletti would win in a case of inverse condem- nation. He explained in detail the points of law involved in mandamus proceedings. He said that the Council needed to find out, from the evidence supplied by the City Engineer, whether putting this 66" drain pipe in would make the situation worse by having a significant adverse affect on the environment. He stated that whatever decision Council made should be based upon the evidence presented. Councilman Addiego questioned the responsibility of the landowner as far as changing a pattern of draining. 4/21/82 Page 12 AGENDA ACTION TAKEN CITY MANAGER 14. Status Report on Avalon Drive storm drainage - Continued. CITY MANAGER Director of Public Services Yee said he had seen Mr. Poletti's grading plan, It had been to install the pipe and the later plans showed that after the pipe was installed, immediately above the pipe there would be some kind of drainage onto Alida during overflow conditions. Discussion followed on potential liability on the City if the pipe was allowed to be installed, the area being a natural drainage flow, altering a natural drainage flow, impact on Alida and the basin, the ten foot eastment for drainage on the School District's property, etc. Mr. Paul J. Walti, 211 Hudson Bay, Foster City, stated that he represented Mr. Poletti and that the pipe would not adversely affect the services of the system. Mr. Louis Arata, 1 La Cruz Ave., Engineer, stated that the pipe as proposed by Mr. Poletti was adequate and more than met the basic require- ments needed. He further stated that the pipe would not cause adverse affects because it would carry more water. He stated that Mr. Poletti was not planning to raise his property wherein the property would drain directly over Alida. He stated that if the area was going to flood, the installation of the pipe would not add to the flooding, but would take the water away at a faster rate than the flow of water over the open ground. Mr. Joe Stamatis, 269 Avalon Drive, agreed that water flowing from a 39" pipe could not fill up a 66" pipe. He stated that if the water will not flow downstream from the 66" pipe, then obviously the 66" pipe will not carry the water from the 39" pipe. 4/21/82 Page 13 AGENDA ACTION TAKEN CITY MANAGER 14. Status Report on Avalon Drive storm drainage - Continued. CITY MANAGER He stated that the pipe was going to be put in a ditch thatwas approximate- ly 10' wide at the bottom, which varies in width at the top 14' to 20'. He stated that when the ditch was filled the residents would lose the open area that retains the water that accumulates in the pond. He suggested that the City purchase the property and retain the land as a holding pond. He spoke of the flooding in Francisco Terrace which had been alleviated after the 66' pipe and the holding pond were installed. Councilman Damonte stated that a box culvert had been put in along Spruce and the other repairs made to control flooding in Francisco Terrace. Mr. Michael Fabrey, 268 Avalon Drive, refuted the statement made, that the 39" pipe would carry the water at a faster rate. He stated that for the last twenty-five years the area flooded during a downpour and compared it with a high pressure system dumping water from the pipe onto Avalon Drive. Mr. Alfred Ghiorzi, 272 Avalon Drive, expressed concern that without the holding pond to store the surface water from Avalon during a storm there would be increased incidents of flooding. He said that there was still evidence of debree at 272 Avalon Drive from the storm of the past week. Councilman Acosta said that in October of 1980 Mr. Poletti had come before Council requesting approval of the pipe installation; and that at that time Council had requested information on the ownership of the easement. He said that in intent, the Council had approved the attainment of the ease- ment and by implication, the installation of that pipe. 4/21/82 Page 14 AGENDA ACTION TAKEN CITY MANAGER 14. Status Report on Avalon Drive storm drainage - Continued. COMMUNITY DEVELOPMENT 15. Staff Report 4/21/82 requesting approval subject to conditions of UP-81-609/Kirk Lassiter/Use Permit application to establish an auto repair, auto body and paint priming facility at 612 Cypress Avenue. CITY MANAGER Councilman Addiego questioned whether filling the pond would create water displacement. M/S Acosta/Damonte - To issue a permit to install the pipe. Discussion followed on the velocity of the water through the pipe as compared to the ground surface flow. Mayor Nicolopulos expressed concern that the storm drainage problem on Avalon be prioritized as money became available. Carried by majority roll call vote, Vice Mayor Teglia voted no. COMMUNITY DEVELOPMENT Mr. Phil Gorny, City Planner, stated that in March of 1982 Council had referred this matter back to the Planning Commission for further consideration. He stated that the Planning Commission had reviewed the case in April and had arrived at two alternative recommendations: 1) To approve UP-81-609 subject to all attached special and standard conditions for a period of three years, continuation of use to be reconsidered after a period of one year; 2) Deny UP-81-609 based on findings listed in the 2/3/82 Staff Report. M/S Acosta/Damonte - To approve UP-81-609 subject to all attached special and standard conditions for a period of three years, continuation of use to be reconsidered after a period of one year. Discussion followed on tying the use permit to the three year lease, changing the language of the motion and second, off-street parking. Motion and Second were withdrawn by Acosta and Damonte. 4/21/82 Page 15 A G E N DA A C T I 0 N TA K E N ~.L~.~ RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT 15. Staff Report 4/21/82 - Continued. Mayor Nicolopulos declared a recess at 10:28 p.m. Mayor Nicolopulos recalled the meeting to order at 10:45 p.m., all Council present. COMMUNITY DEVELOPMENT M/S Acosta/Teglia - To approve UP-81-609, subject to all special and standard conditions, with the exception of Special Condition No. 4 amended to read "That the Use Permit shall remain valid for three years, unless sooner revoked by the Planning Commission," and the addition of Special Conditions Nos. 11 and 12 as follows: 11) Applicant shall not exercise his option to renew the lease entered between the applicant and "Mr. Albert M. Urbine," aka Albert M. Urile, which lease is dated 10 February 1982 (hereinafter "lease") without prior written approval of the Planning Commission. Said approval shall be given only after a review of the applicant's performance in adhering to all of the conditions of this Use Permit; 12) Notwithstanding the provisions of the lease, applicant may not sublet or assign a lease or any rights thereunder without the prior written consent of the Planning Commission. Carried by unanimous voice vote. Discussion followed on 6' and 8' fences, concurrence of Council that Staff handle the height of the fence in a commercial zone interior. Amended M/S Acosta/Teglia - That the Use Permit is approved subject to the conditions contained herein, with the exception that Item No. 6 be amended to provide for a fence to separate the four required parking spaces from those spaces used by Al's Body Shop; and that the height of that fence shall be the maximum legal height of up to 8' 4/21/82 Page 16 AGENDA ACTION TAKEN '~ COMMUNITY DEVELOPMENT 15. Staff Report 4/21/82 - Continued. FIRE 16. Staff Report 4/21/82 recommending introduction of an Ordinance which will provide consistency in two similar sections of the Fire Code: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING SECTION 15.24.050 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND A PORTION OF SECTION 3 OF ORDINANCE NO. 848 ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION, INCLUD- ING APPENDICES A THROUGH J, AND THE STANDARDS, PRINCIPLES, TESTS, METHODS, PUBLICATIONS AND SEC- ONDARY CODES REFERRED TO THEREIN OR ADOPTED THEREIN BY REFERENCE: PROVIDING FOR AMENDMENT THERETO, ISSUANCE OF PERMITS AND FEES THEREFOR: AND REPEALING ORDIN- ANCES 535, 654, 664, 694, 697, 716, 738 AND 746" ~/~xx/~~ PUBLIC SERVICES 17. Report on request for traffic control at Grand and Magnolia Avenues. COMMUNICATIONS 18. Letter dated 4/2/82 from the San Mateo County Arts Council with a request for a review of its State/Local Partnership P1 an. ~j~ 19. Letter dated 4/9/82 from the North Peninsula Neighborhood Services Center, Inc., regarding temporary lease of the old COMMUNITY DEVELOPMENT Carried by unanimous voice vote. FIRE City Clerk Battaya read the entire title of the Ordinance. M/S Teglia/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Acosta - To introduce the Ordinance. Carried by unanimous voice vote. PUBLIC SERVICES Heard after Item No. 10. COMMUNICATIONS City Clerk Battaya stated that the Arts Council by telephone had requested that this item be continued to the first regular meeting in May. Consensus of Council - to continue the item. 4/21/82 Page 17 AG E N DA AC T ]' 0 N TAKEN COMMUNICATIONS 19. Letter dated 4/9/82 from the North Peninsula Neighborhood Services - Continued. 20. Request from the Santo Christo Association to allow a festival and a parade along Grand Avenu~ also to request the City to put flags along the parade route. 21. Possible modifications to the Grand Avenue Library. (Cassette No. 3) COMMUNICATIONS City Manager Birkelo stated that the North Peninsula Neighborhood had requested temporary use of the old police facility, with knowledge that the duration of the use could only be for a period of four months. Ms. Ortensia Lopez, North Peninsula Neighborhood Services Center, explained that the Center needed two or three front offices of the facility as the current quarters in Brisbane were too costly. She stated that the lease in Brisbane expired on 5/16/82 and the premises would have to be vacated as a cost saving measure. Discussion followed on clean-up efforts involved in the temporary usage by the Center, the liabilities factors that needed to be written into the lease agreement, in lieu fees, rent the Center was presently paying in Brisbane, etc. M/S Acosta/Teglia - To approve the Neighborhood Services Center using the Police Facility Building for four months - ending 8/31/82, with in lieu fees. Carried by unanimous voice vote. Vice Mayor Teglia questioned the cost involved in installing the flags along Grand Avenue. Director of Public Services Yee stated that it would take one truck and two men eight hours to install and remove the flags at a cost of $630.40. M/S Damonte/Acosta - To allow the parade and the installation and removal of the flags. Carried by majority voice vote, Addiego voted no. City Manager Birkelo stated that $41,000 was anticipated for exterior modifications: reroofing and instal- 4/21/82 Page 18 AGENDA ACTION TAKEN COMMUNICATIONS 21. Possible modifications to the Grand Avenue Library - Continued. ITEMS FROM COUNCIL Councilman Damonte: Councilman Acosta: GOOD AND WELFARE CLOSED SESSION: RECALL TO ORDER: COMMUNICATIONS lation, preparing cracks in walls for painting, erect a handicapped ramp. He stated that the inside modifications would be $26,000: the removal and relocation of restrooms, painting, new staircase, carpeting and new furniture. He stated that these modifications could be added to the renovation of the Police Building, thereby using the same architect. Discussion followed on painting and and new carpets on the upper floor of City Hall, renovating the three buildings in Civic Center. ITEMS FROM COUNCIL Stated that the Harbor Commission meeting had concerned the Master Plan having been completed for Phase I and that bids were to be advertised. He continued, construction would begin in the fall and that Mr. Diodati would install the pump station. He stated that seven proposals had been received for restaurants. Requested that a letter be sent to the Rod and Gun Club concerning the lease agreement with the Harbor District to establish better communications. GOOD AND WELFARE No one chose to speak. Council adjourned to a Closed Session at 11:35 p.m. to discuss labor relations and litigation. The meeting was recalled to order at 12:00 a.m., all Council present, no action taken. M/S Acosta/Damonte - That the meeting be adjourned to 4/28/82 at the City Council Conference Room, City Hall, at 4:30 p.m. Carried by unanimous voice vote. 4/21/82 Page 19 ADJOURNMENT: RESPECTFULLY SUBMITTED, The meeting was adjourned at 12:01 a.m. APPROVED: rbara A. Battaya, City ~erk City of South San Francisco Gus Nicolopulos, Mayo~ City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral presentations, 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. 4/21/82 Page 20