HomeMy WebLinkAboutMinutes 1985-05-08Mayor Richard A. Haffey
Vice Mayor Roberta Cerri Teglia
Council:
Mark N. Addiego
Emanuele N. Damonte
Gus Nicolopulos
MINUTES
City Council
Municipal Services Building
Community Room
May 8, 1985
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
INVOCATION:
~PRESENTATIONS
PROCLAMATION - 50TH YEAR ANNIVERSARY OF
THE SAN MATEO COUNTY
HISTORICAL ASSOCIATION m
PROCLAMATION - BE KIND TO ANIMALS WEEK
5/6/85- 5/12/85 ~l
PROCLAMATION - CALIFORNIA SAFETY WEEK
5/19/85 - 5/25/85
PROCLAMATION - LAW DAY USA 5/1/85
A RESOLUTION COMMENDING VICTOR FEUDALE
ACTION TAKEN
7:35 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Addiego,
Teglia, Damonte and
Haffey.
None.
The pledge of allegiance was recited.
The invocation was given by Reverend
Pitts of Good News Chapel.
Mayor Haffey read and presented the
Proclamation to Mr. Postel, San Mateo
County Historical Society.
Mr. Postel presented a brief history of
the Society and invited all to their 50th
anniversary at the College of San Mateo
on 6/2/85 at 2:00 p.m. for the opening of
a new exhibit.
Mayor Haffey read and presented the
Procl amation to Mr. Paul Gal 1 oway,
Director of Animal Control Services of
the Peninsula Humane Society.
Mayor Haffey did not choose to read or
present this Proclamation.
Mayor Haffey did not choose to read or
present this Proclamation.
Mayor Haffey requested this item be
carried forward.
Councilman Damonte stated that this was
also Teacher Appreciation Week.
Mayor Haffey stated that if he had known
he would have had a Proclamation prepared.
5/8/85
Page 1
AGENDA ACTZON TAKEN
.... PRESENTATIONS
AGENDA REVIEW
City Manager Birkelo Requested: - Remove Item No. 5 from the Agenda.
- Remove Item No. 14 from the Agenda.
Vice Mayor Teglia Requested:
- Add Item No. 22a. Discussion of
meeting of the Historical Old
Town Homeowners Association.
ORAL COMMUNICATIONS
PRESENTATIONS
Mayor Haffey, Council and each staff
member introduced their student counter-
part for Youth Government Day.
AGENDA REVIEW
So ordered.
So ordered.
ORAL COMMUNICATIONS
Mr. Lawrence Pera, 758 Baden Avenue,
spoke on the following subjects: For a
solution for drug problems by legalizing
the use; providing concession stands at
Orange Park and the swimming pool;
having world peace; harassment by the
Police; that he would run for Council;
building a new building at the Magnolia
School site; offered to design the
building for recreation, entertainment
and underground parking, etc.
Mr. Philip Abramo, 55 Daly Court, spoke
of going to the bank for an appraisal of
his property, for remodeling purposes,
and had been told that the appraisal was
low because the area was run down. He
presented pictures of the area and
requested that action be taken to address
the run down condition of the neighborhood.
Mayor Haffey stated that the information
would be submitted to Staff for a future
report to the Council.
City Manager Birkelo stated that there
was an Ordinance on the Agenda tonight
that could be related to the issue.
Vice Mayor Teglia asked if the property
in question was publicly or privately
owned.
Mr. Abramo stated that the area in
5/8/85
Page 2
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Special Meeting of
4/24/85 and the Regular Meeting of
4/24/85.
e
Staff Report 5/8/85 recommending by
Motion to deny and refer the
following claim to the City's
Insurance Adjuster and the City
Attorney:
a) Claim as filed by Rohit Narain
ORAL COMMUNICATIONS
question was Oak at the end of Commercial
which he believed to be privately owned,
and that there was an easement between
two houses without a fence with weeds
ten feet high. He spoke in depth of
parked cars and debris on the site; a van
parked against the garage door with the
front wheels in the middle of the
sidewalk at 935 Commercial; the absence
of a sidewalk for the apartments by Santo
Christo Hall; garbage in the easement on
both sides of 939 and 935 Commercial,
etc.
Mayor Haffey stated that Item 13 could
address many of Mr. Abramo's concerns if
implemented by Council.
Vice Mayor Teglia suggested that Mr.
Abramo's neighbors form an homeowners
association to work together and address
the problems in the area.
COMMUNITY FORUM
Vice Mayor Teglia requested that the
discussion of a proposal for the South
San Francisco Senior Home Repair
Improvement Program be agendized for the
5/22/85 meeting.
Councilman Damonte announced that the
Sister City Committee's dinner dance on
5/18/85 at the Holiday Inn for the ben-
efit of the Student Exchange Program.
He stated that tickets could be obtained
by contacting the City Manager's Office
or by calling him.
CONSENT CALENDAR
Approved.
So ordered.
5/8/85
Page 3
AGENDA ACTION TAKEN
-" CONSENT CALENDAR
2. a) Continued.
alleging damage to his wind-
shield as a result of a base-
ball game being played at
Orange Memorial Park.
b)
Claim as filed by Cesar Alberto
Ausejo alleging personal
injuries sustained as the
result of a fall into an open
hole on a City sidewalk.
c)
Claim as filed by Dorene M.
Curtis, Esq., on behalf of
Southern Pacific Transportation
Company, alleging that cross-
complainants Anthony J.
Valencia, et al., have asserted
a claim for property damage,
personal damages, and other
damages as a result of the
excessive rainfall/flooding
involving the properties
located at 150 and 155 Harbor
Way in South San Francisco.
Southern Pacific Transportation
Company's claim is for contri-
bution and/or contractual,
equitable, and implied indem-
nity for any and all amounts
which it is required to pay as
a result of any settlement or
judgement in said action.
d)
Claim as filed by J. A. Miller,
Area Claims Manager on behalf
of Pacific Bell, alleging
damage to a conduit during
construction of sewer facili-
ties.
Staff Report 5/8/85 recommending by
Motion to approve payment of
$153.62 to Doris Agee, Managing
Agent on behalf of Stonegate Ridge
Unit II Homeowners Association for
alleged damage to a water supply
pipe when hit by a police car door
during an emergency call to the Unit.
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Addiego.
So ordered.
Approved.
Approved.
5/8/85
Page 4
AGENDA
ACTION TAKEN
CONSENT CALENDAR
e
Staff Report 5/8/85 recommending
adoption of a Resolution author-
izing the execution of Supplement
No. 6 to the Agreement with Group
4/Architecture, Research and
Planning, Inc. for the Civic Center
Renovation - Phase II, Project No.
PB-81-2A.
A RESOLUTION AUTHORIZING EXECUTION
AND APPROVAL SUPPLEMENT NO. 6 TO
THE AGREEMENT TO FURNISH
ARCHITECTURAL AND RELATED DESIGN
SERVICES TO THE CITY OF SOUTH SAN
FRANCISCO
Staff Report 5/8/85 recommending by
Motion to accept the Civic Center
Renovation, Project No. PB-81-2, as
complete in accordance with
approved plans and specifications.
e
Staff Report 5/8/85 recommending
adoption of a Resolution approving
specifications and authorizing the
purchase of equipment for one
aerial truck for the electrical
department.
A RESOLUTION APPROVING SPECIFI-
CATIONS, AUTHORIZING THE PURCHASE
OF EQUIPMENT AND CALLING BIDS FOR
ONE (1) AERIAL TRUCK
Staff Report 5/8/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the Purchasing Officer to
advertise and receive sealed bids
for the Rodent Control Program.
A RESOLUTION APPROVING SPECIFI-
CATIONS AND AUTHORIZING THE WORK
AND CALLING BIDS FOR THE
RODENT CONTROL PROGRAM
Staff Report 5/8/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the Purchasing Officer to
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Removed from Agenda under Agenda Review
by the City Manager.
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Removed from the Consent Calendar for
discussion by Councilman Addiego.
o
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Page 5
AGENDA ACTION TAKEN
- CONSENT CALENDAR
8. Staff Report - Continued.
advertise and receive sealed bids
for the Lux-California-Pine Storm
Drain System, Phase I, Project No.
SD-83-8.
A RESOLUTION APPROVING SPECIFI-
CATIONS AND AUTHORIZING THE WORK
AND CALLING BIDS FOR THE LUX-
CALIFORNIA-PINE STORM DRAIN
SYSTEM, PHASE I, PROJECT NO.
SD-83-8
Staff Report 5/8/85 recommending
adoption of a Resolution of
Intention to form an Underground
Utility District, and calling for a
Public Hearing date of 6/12/85 to
determine whether or not the public
heal th, safety or wel fare require
the formation of said Underground
Utility District - Produce Avenue
Underground Utility District No. 2.
A RESOLUTION OF INTENTION TO FORM
AN UNDERGROUND UTILITY DISTRICT -
AND CALLING FOR A PUBLIC HEARING
TO DETERMINE WHETHER OR NOT THE
PUBLIC HEALTH, SAFETY OR WELFARE
REQUIRE THE FORMATION OF SAID
UNDERGROUND UTILITY DISTRICT
e
b)
Claim as filed by Cesar Alberto
Ausejo alleging personal
injuries sustained as the
result of a fall into an open
hole on a City sidewalk.~~
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Addiego.
M/S Addiego/Teglia - To approve the
Consent Calendar with the exception of
Items No. 2b., 4, 5, 6, 7, 8 and 9.
Carried by unanimous voice vote.
Councilman Addiego questioned if the
claimant had been given counsel as to the
appropriateness of this claim when it
appeared that this occurred on that por-
tion of Westborough Boulevard that might
be the County roadway, bearing in mind
that a claimant only had 100 days in
which to file a claim.
City Attorney Rogers stated that he had
not given the claimant counsel and was
not sure whether the insurance carrier
5/8/85
Page 6
AGENDA
ACTION TAKEN
2. b) Claim - Continued.
Staff Report 5/8/85 recommending
adoption of a Resolution author-
izing the execution of Supplement
No. 6 to the Agreement with Group
4/Architecture, Research and
Planning, Inc. for the Civic Center
Renovation - Phase II, Project No.
PB-81-2A.
A RESOLUTION AUTHORIZING EXECUTION
AND APPROVAL SUPPLEMENT NO. 6 TO
THE AGREEMENT TO FURNISH
ARCHITECTURAL AND RELATED DESIGN
SERVICES TO THE CITY OF SOUTH SAN
FRANCISCO
had advised the claimant. He stated that
it was normally the insurance carrier's
policy to recommend denial of the claim
when the incident occurred on another
agency's property rather than the City's.
Councilman Addiego stated that as a
courtesy to the resident the City should
communicate with the claimant before the
100 day time lapse.
M/S Addiego/Teglia - To deny and refer
the claim to the City's Insurance
Adjuster and the City Attorney.
Carried by unanimous voice vote.
Councilman Nicolopulos expressed concern
regarding prior construction problems
with the City Hall renovation
and questioned who would be responsible
for the approval of bills and possible
errors in future construction.
Deputy City Manager/City Engineer Yee
stated that there was no way to assure
that there would not be any claims filed
by the contractor in the future, whether
legitimate or not. He stated that the
City would approve payments and ex-
plained the process.
Mayor Haffey stated that if there was
damage due to faulty construction docu-
ments or design work the architect or
consultant would be held responsible;
however if it was due to poor workmanship
or that the construction documents were
not followed, then it would be the
contractor who would be held liable for
faulty workmanship.
Deputy City Manager/City Engineer Yee
stated that the arbitration process was
incorporated in the contract.
Councilman Addiego stated that it was
due to the thoroughness of the consultant
in the past during the first phase of the
project that allowed the City to be in a
strong position today.
5/8/85
Page 7
AGENDA
ACTION TAKEN
4. Staff Report - Continued.
e
Staff Report 5/8/85 recommending
adoption of a Resolution approving
specifications and authorizing the
purchase of equipment for one ~//~y
aerial truck for the electrical
department.
A RESOLUTION APPROVING SPECIFI-
CATIONS, AUTHORIZING THE PURCHASE
OF EQUIPMENT AND CALLING BIDS FOR
ONE (1) AERIAL TRUCK
Staff Report 5/8/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the Purchasing Officer to
advertise and receive sealed bid! ,~~)
for the Rodent Control Program.
A RESOLUTION APPROVING SPECIFI-
CATIONS AND AUTHORIZING THE WORK
AND CALLING BIDS FOR THE
RODENT CONTROL PROGRAM
Staff Report 5/8/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the Purchasing Officer to
advertise and receive sealed bids
for the Lux-California-Pine Storm
Drain System, Phase I, Project No.
SD -83 -8.
I
I
I
I
Councilman Nicolopulos stated that he did
not want to see any further change
orders and Council should have everything
incorporated into the present contract.
M/S Nicolopulos/Addiego - To adopt the
Resolution.
RESOLUTION NO. 85-85
Carried by unanimous voice vote.
Councilman Nicolopulos questioned the
monetary value for the truck being
declared surplus.
Deputy City Manager/City Engineer Yee
stated that the City had not declared the
equipment surplus, however his under-
standing of the value of the vehicle
would be approximately $3,000-5,000.
M/S Nicolopulos/Addiego - To adopt the
Resolution.
RESOLUTION NO. 86-85
Carried by unanimous voice vote.
Councilman Addiego questioned if the
funds for this program would be drawn
from the Sewer Fund.
Deputy City Manager/City Engineer Yee
stated that the funds would be trans-
ferred from the Sewer Fund to
Non-Departmental Funds.
M/S Addiego/Damonte - To adopt the
Resolution.
RESOLUTION NO. 87-85
Carried by unannimous voice vote.
Councilman Nicolopulos questioned if this
project when complete would handle the
problem of the water overflow on Lux
Avenue.
Deputy City Manager/City Engineer Yee
stated that that was the intent - to
address that problem.
518/85
Page 8
AGENDA
ACTION TAKEN
8. Staff Report - Continued.
A RESOLUTION APPROVING SPECIFI-
CATIONS AND AUTHORIZING THE WORI~)
AND CALLING BIDS FOR THE LUX-
CALIFORNIA-PINE STORM DRAIN
SYSTEM, PHASE I, PROJECT NO.
SD-83-8
o
Staff Report 5/8/85 recommending
adoption of a Resolution of
Intention to form an Underground
Utility District, and calling for a
Public Hearing date of 6/12/85 to
determine whether or not the public
heal th, safety or wel fare require
the formation of said Underground
Utility District- Produce Avenue
Underground Utility District No. 2.
A RESOLUTION OF INTENTION TO FORM
APPROVAL OF BILLS
10.
Approval of the Regular Bills of
5/8/85.
CITY ATTORNEY
11.
Staff Report 5/8/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance adding the
Historic Preservation Commission to
the Model Conflict of Interest Code
for the City.
2nd Reading/Adoption
AN ORDINANCE AMENDING APPENDIX A TO
M/S Nicolopulos/Teglia - To adopt the
Resolution.
RESOLUTION NO. 88-85
Carried by unanimous voice vote.
Councilman Addiego requested clarifica-
tion of the costs which would be paid by
PG&E.
City Attorney Rogers stated that the
finding required by Council was that
PG&E would pay more than 50% and would
pay 100% in accordance with State
Law, which stated that the Council would
make a determination that PG&E would pay
more than 50%.
M/S Addiego/Teglia - To adopt the
Resolution and set a Public Hearing date.
RESOLUTION NO. 89-85
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Damonte/Addiego - To approve the
Regular Bills in the amount of
$1,080,634.40.
Carried by unanimous voice vote.
Councilman Addiego did not participate or
vote in the matter of the claim of
Brentwood Market.
CITY ATTORNEY
Deputy City Clerk Gibson read the title
of the Ordinance in its entirety.
M/S Nicolopulos/Teglia - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To adopt the
Ordinance.
5/8/85
Page 9
AGENDA ACTZON TAKEN
CITY ATTORNEY
11.
Staff Report - Continued.
ORDINANCE NO. 827 ENTITLED "MODEL
CONFLICT OF INTEREST CODE"
DESIGNATING NEW POSITIONS AND
APPLICABLE DISCLOSURE CATEGORIES
12.
Staff Report 5/8/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce the Ordinance on politi-
cal activities of employees.
1st Reading/Introduction
AN ORDINANCE REPEALING CHAPTER 3.36
OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND SECTIONS 20 AND
22 OF ORDINANCE NO. 449 ENTITLED
"AN ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO RECREATING AND
RE-ESTABLISHING A PERSONNEL SYSTEM
FOR THE CITY OF SOUTH SAN FRANCISCO
AND REPEALING ORDINANCE NO. 216
AND ALL INCONSISTENT ORDINANCES"
AND ADDING CHAPTER 3.36 ENTITLED
"POLITICAL ACTIVITY OF EMPLOYEES"
13.
Staff Report 5/8/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce the Ordinance which
repeals, consolidates and readopts
the provisions of several
Ordinances dealing with the subject
of the Abatement of Nuisances. I~)
1st Reading/Introduction ~
AN ORDINANCE REPEALING ORDINANCE
NOS. 405, 287 AND 345 AND CHAPTERS
8.24, 8.32 AND 8.36 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE AND
ADDING A NEW CHAPTER 8.24 ENTITLED
"ABATEMENT OF NUISANCES" TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
CITY ATTORNEY
ORDINANCE NO. 980-85
Carried by unanimous voice vote.
Deputy City Clerk Gibson read the title
Ordinance in its entirety.
Assistant City Attorney Kasper stated
that the proposed ordinance removed the
constitutionally questionable language in
the present City statutes and substi-
tuted rules and regulations allowed under
the Government Code which prohibited
political activity during working hours
and in work spaces for employees but
allowing other activity. He stated that
the ordinance had been presented to the
Personnel Board for information purposes
and the Board's input was reflected in
the ordinance and had been sent to all
bargaining units.
M/S Damonte/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Addiego/Nicolopulos - To introduce
the Ordinance.
Carried by unanimous voice vote.
Deputy City Clerk Gibson read the title
of the Ordinance in its entirety.
City Attorney Rogers stated: that the
proposed Ordinance had been circulated to
Homeowners Associations throughout the
City; at the request of Council a commit-
tee had been formed of approximately 28
members who had met several times; this
ordinance addressed Council concerns with
the condition of properties throughout
the City; the need to upgrade the ap-
pearance of the City generally and that
this document would provide minimal pro-
perty standards if the property was
beginning to harm other people's property
values or was creating a hazard to health
5/8/85
Page 10
AGENDA ACTION TAKEN
CITY ATTORNEY
13. Staff Report - Continued.
CITY ATTORNEY
and safety of a neighborhood; that there
was a typographical error on page 8 on
the first line "vermin and other nuisan-
ces'' should read "vermin or other
nuisances."
He stated that there were three basic
categories which are outlined and con-
sidered to be nuisances: 1) nuisances to
the public health; 2) offensive con-
ditions or hazardous premises; 3)
dangerous buildings or structures. He
stated that in the beginning of the
ordinance there was also a declaration
that nuisances at common law, or the way
the Civil Code defines nuisances in
California, are also included to the
extent that the City might not be able to
find a category to fit a nuisance in this
City. He continued, if the City can
find, for instance, a case law that has
declared something to be a nuisance under
California Law, then the City could make
an attempt to deal with that nuisance
through the Courts. He stated that the
first category included ponds, pools or
vessels holding stagnate water; accumula-
tion of rubbish or manure which were
breeding places for mosquitoes, flies,
rodents or vermin; dense smoke, noxious
fumes, cindors or other particular matter
in such quantities as to render the
occupancy of property uncomfortable to a
person of ordinary sensibilities; plus
all acts, conditions, occupations and
uses of property which are in violation
of the Health and Safety Code. He con-
tinued in great length on conditions
determined to be hazardous.
Councilman Damonte expressed concern over
refrigerators which had doors secured by
snaplocks or other locking devices that
could not be readily released from the
inside. He stated that a child would
probably not be able to open the refri-
gerator door and requested that it read
"that any icebox or any box or anything
that had a locking device or door should
not be discarded or that the seal can-
not be opened or the door removed."
5/8/85
Page 11
AGENDA ACTION TAKEN
CITY ATTORNEY
13. Staff Report - Continued.
CITY ATTORNEY
City Attorney Rogers read the following
excerpt, "any abandoned, unattended or
discarded icebox, refrigerator or con-
tainer of any kind which has an opening
of such size as to permit the entrance of
a child or infant which when closed is
airtight or practically so, which has a
door secured by a snaplock or other
locking device that may not easily and
readily be released for opening from the
inside of the icebox, refrigerator or
container, unless the door, snaplock or
other locking device has first been
removed therefrom."
Discussion followed: on the importance of
removing the refrigerator door or sealing
the door shut; whether removing the door
presented a danger to a child; that the
Council did not want any refrigerators
outside with doors that were secured by
snaplocks; remove everything in the
section after locking device in the fifth
line and change the ordinance; using the
term abandoned, broken or neglected
equipment or machinery, or broken or
discarded furniture, or other household
equipment, etc.
City Attorney Rogers read the section on
trees, weeds, or other vegetation which
by reason of being overgrown, dead,
decayed or diseased are likened to harbor
rats or other nuisances, or are clear
and present a risk of physical injury to
inhabitants or occupants of the premises
or to the public; etc.
Vice Mayor Teglia made mention of the
homeowner who spoke at the beginning of
the meeting and indicated that the
proposed ordinance could help address
his concerns.
City Attorney Rogers spoke of the problem
in Westborough of chipped and peeled
exterior finishes that were being
addressed in Court. He went on to
explain conditions listed as dangerous
structures as contained in State Codes
which the City had adopted.
5/8/85
Page 12
AGENDA
ACTION TAKEN
CITY ATTORNEY
13. Staff Report - Continued.
(Cassette No. 2)
CITY ATTORNEY
Mrs. Margret Warren, 790 Stonegate Dr.,
stated that she had been a member of the
Committee participating in the review of
the draft ordinance. She emphasized the
importance of putting this type of ordi-
nance into effect in the City and the
need to maintain property in order to
attract business and future homeowners.
Mr. Dennis Crossland stated that he
supported the proposed ordinance and had
enjoyed being a part of the Committee
that reviewed the draft.
Mr. John Prouty, 320 Granada Dr., stated
that he also enjoyed working on the
draft and commented on the varied main-
tenance of property from one home to
another which affected property values.
He spoke of a home located on Valverde
which had become rundown and the new
owner spending thousands of dollars to
repair the home which had alleviated a
blight in the neighborhood. He expressed
concern with the section of the ordinance
which dealt with landscaping and the
possible infringement on the rights of
others, however if this was handled
fairly it should not present problems.
Councilman Damonte questioned Section
8.24.040 which dealt with earth move-
ments of such magnitude as to be
injurious or potentially injurious to the
public.
City Attorney Rogers explained that the
section talked about the conditions of
property such as slides or where the bot-
tom of a slope could give way.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Damonte - To introduce the
Ordinance.
518185
Page 13
AGENDA
ACTION TAKEN
CITY ATTORNEY
13. Staff Report - Continued.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
14.
Staff Report 5/8/85 recommending
adoption of two Resolutions author-
izing the City to enter into a
lease agreement with Warmington
Company for a strip of City owned
property adjacent to Warmington's.
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF LEASE NO. i
CITY ATTORNEY
Discussion followed: concern that neigh-
bors may gang up on one person who may
have difficulty in maintaining their pro-
perty to the standards of the particular
neighborhood; that neighbors should
show a burden of proof that there is an
impact on property values or some
tangible health or safety aspect to the
entire community; that it would be dif-
ficult for Council to weigh what was
offensive to the senses and that this
language should be removed from the ordi-
nance, etc.
Mayor Haffey stated that rather than eli-
minate the section it would be better at
this time to tighten up the strength of
enforcement in the area of the expressed
concerns in order to respond to the con-
cerns of the citizens.
Discussion followed: enforcement of stan-
dards of a neighborhood; acceptability of
certain standards within neighborhoods;
effects of neighboring properties on pro-
perty values; that the ordinance was
designed to deal with extreme examples
and not to mediate disagreements between
neighbors; perhaps amending the ordinance
in the future to address concerns; use of
wordage from the California Civil Code;
importance of protecting the rights of
individuals; enforcement in a reasonable
manner, etc.
Mayor Haffey thanked the committee mem-
bers who had participated in the prepara-
tion of the ordinance.
Carried by unanimous roll call vote.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Removed from the Agenda under Agenda
Review by the City Manager.
5/8/85
Page 14
AGENDA
ACTION TAKEN
" COMMUNITY DEVELOPMENT AND ADMINISTRATION
14. Staff Report - Continued.
BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE ROBERT P.
WARMINGTON COMPANY
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF LEASE NO. 2
BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE ROBERT P.
WARMINGTON COMPANY
15.
Staff Report 5/8/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Ordinance adding the posi-
tion of Senior Civil Engineer to
the competitive service and the ,~)/,
position of Planning Aide to the~,i~
non-competi rive service. ~~
2nd Reading/Adoption
AN ORDINANCE AMENDING SUBSECTIONS
3.12.010A4 AND B OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE AND
SUBSECTION 6A(4) and 6B OF
ORDINANCE 449, ENTITLED "AN
ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO RECREATING AND
RE-ESTABLISHING A PERSONNEL SYSTEM
FOR THE CITY OF SOUTH SAN FRANCISCO
AND REPEALING ORDINANCE NO. 216 AND
ALL INCONSISTENT ORDINANCES
RECESS:
RECALL TO ORDER:
Staff Report 5/8/85 recommending
adoption of a Resolution approving
Unit determinations and modifica-
tions to Unit #1, and unit #9,
Professional, Technical and Office
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Deputy City Clerk Gibson read the title
of the Ordinance in its entirety.
M/S Addiego/Teglia - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Addiego - To adopt the
Ordinance.
ORDINANCE NO. 981-85
Carried by unanimous voice vote.
Mayor Haffey recessed the meeting at
9:10 p.m.
Mayor Haffey recalled the meeting to
order at 9:36 p.m., all Council present.
Mayor Haffey introduced the following
faculty members responsible for this
Youth Government Day: Mrs. Sonya Warfield,
Mr. Gene Mullin, Mr. John Herron, Mr.
Steve Simondi. He thanked each of them
for their assistance in the program.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 90-85
5/8/85
Page 15
AGENDA ACTION TAKEN 253
COMMUNITY DEVELOPMENT AND ADMINISTRATION
16. Staff Report - Continued.
Employees which adds the position
of Senior Civil Engineer and
Planning Aide.
A RESOLUTION APPROVING UNIT DETER-
MINATION AND MODIFICATIONS AS
MADE BY THE CITY MANAGER PURSUANT
TO CHAPTER 3.08 OF THE SOUTH SAN
FRANCISCO CODE {UNIT 1 AND 9)
17.
Staff Report 5/8/85 recommending
adoption of a Resolution amending
Unit #1 to establish the salary and
benefits for the position of Senior
Civil Engineer.
A RESOLUTION ACCEPTING AND APPROV-
ING AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND UNIT NO. 1,
MANAGEMENT EMPLOYEES TO ESTABLISH
THE SALARY AND BENEFITS FOR THE
POSITION OF SENIOR CIVIL ENGINEER
18.
Staff Report 5/8/85 recommending
adoption of a Resolution amending
Unit No. 9 Memorandum of Under-
standing to establish the salary
and benefits for the position of
Planning Aide.
A RESOLUTION ACCEPTING AND APPROV-
ING AMENDMENT TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY
OF SOUTH SAN FRANCISCO AND UNITS
NO. 3 AND NO. 9, TO ESTABLISH THE
SALARY AND BENEFITS FOR THE
POSITION OF PLANNING AIDE
19.
Staff Report 5/8/85 recommending
adoption of a Resolution for the
certification of the Shearwater
Environmental Impact Report.
A RESOLUTION CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
SHEARWATER PROJECT ~,~0~0
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Carried by unanimous voice vote.
M/S Nicolopulos/Teglia - To adopt the
Resolution.
RESOLUTION NO. 91-85
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - to adopt the
Re$olution
RESOLUTION NO. 92-85
Carried by unanimous voice vote.
Deputy City Manager/Communi ty Development
and Administration Lewis explained the
procedures for the preparation, review,
comment and certification of EIRs as con-
tained in the California Administrative
Code. He stated that the proposed
Resolution would certify the requirements
of that Code: 1) That the final EIR had
been completed in compliance with CEQA:
2) That the final EIR had been presented
5/8/85
Page 16
AGENDA
A C T I O N T A K E N ~)~ ~
COMMUNITY DEVELOPMENT AND ADMINISTRATION
19. Staff Report - Continued.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
to the decision making body of the lead
agency and that the decision making body
reviewed and considered the in(=orma~ion
contained in the final EIR prior to
approving the project. He stated that
the Resolution would not approve the pro-
ject, but specifically directed staff to
further evaluate the various alternatives
and mitigation measures which are con-
tained in the final EIR. He explained
that the certification did not make any
commitment by the Council for any future
approval of the Shearwater Project. He
stated that under the California
Environmental Quality Act of the Code the
Council could not approve or carry out a
project for which an EIR had identified
significant effects unless the agency
makes written findings, i.e., 1) changes
or alterations had been required which
avoid or lessen the significant impacts
identified in the EIR: 2) changes or
alterations were the responsibility of
another public agency and had been or
should be required by the agency; 3)
specific economic, social or other con-
siderations make infeasible the mitiga-
tion measures or alternatives identified
by the EIR. He explained that only after
considering the final EIR and in conjunc-
tion with the findings may the lead
agency decide whether to or how to
approve the project.
City Attorney Rogers explained the impor-
tance of the wording within the
Resolution which clarified that if the
project went forward the City would have
to deal with issues raised in the EIR,
Unless the Council made findings of over-
riding consideration in the future.
Discussion followed regarding the action
to be taken by the Redevelopment Agency
and the Council in regard to the EIR.
Mayor Haffey presented a letter from ALUC
which is attached hereto and made a per-
manet part of the record of this meeting.
M/S Nicolopulos/Damonte - To adopt the
Resolution.
5/8/85
Page 17
RPC:
AL, UC
REGIONAL
AIRPORT
PLANNING COMMITTEE · SAN
LAND USE COMMISi~.!~I.,,¢::r),. .,,..
UNTY GOVERNMENT CENTER · REDWOOD CITY ' M~:AI~FO O ·
May 3, 1985
Honorable Richard A. Halley, Mayor
City of South San Francisco
City Hall, P. O. Box 711
South San Francisco, CA 94080
MATEO COUNTY
(415) 364-5600 EXT:4161
Dear Mayor Haffey:
SUBJECT: Shearwater Development Project
At it's April 11 meeting, the San Mateo County Airport Land
Use Committee considered the Shearwater project as an
informational item and reviewed our staff's February 21
letter to City staff which commented on the DEIR for the
project. While the February 21 letter covered several
important points which need to be addressed in the Final EIR
for the project, the Committee felt that the following
concerns needed to be added or reemphasized:
Location of Residential Uses Under Shoreline Departure
Flight Path.
The Shoreline Departure is a major noise mitigation
measure at San Francisco Airport. Use of the Shoreline
benefits all communities, including some areas of South
San Francisco, affected by departure noise. Locating new
residential development along this flight path, which is
now generally free of residential uses, could lead to
future objections from residents of the project to
continued use of the Shoreline Departure. The Committee
is very concerned about any action which could compromise
an effective noise mitigation measure.
2. High Single Event Noise Levels
The February 21 letter addressed the difficulty of
insulating interior residential environments against the
high single event noise levels at this site. It did not,
however, address other impacts of high single event
levels. These include effects on activities at the
performing arts center, sleep and outdoor activities of
project residents. Experience at other locations shows
that high single event levels could, despite noise
insulation efforts, adversely affect a theater
environment or the ability to sleep undisturbed in
residences. And, of course, noise insulation has no
benefit with regard to outdoor activities which are
5/8/85
Page 17a
inevitably a part of "California living." These factors
all contribute to ALUC members' serious concern about the
appropriateness of this site for residential, performing
arts or other uses which can be adversely affected by
noise.
The ALUC recognizes that the City of South San Francisco has
yet to make any formal decision on this project, which as we
understand it is still in the EIR stage. And we have been
assured that many of our concerns are shared by the City and
will be carefully considered as your review of the project
progresses. We do, however, feel that it is important to
have the same issues raised by ALUC members clearly in the
record, so that at some future time, complaints by residents
and/or users of the Shearwater project will not compromise
use of the Shoreline Departure flight path. We would
appreciate your passing our concerns on to the project
sponsor, as well as incorporating them into the final EIR.
The Committee also discussed the possibility of holding an
informational hearing on the project once it is nearer its
final form. We therefore request that you send us notice of
future hearings on the project or other opportunities to
review it as it progresses.
Thank you for your consideration.
Sincerely,
Priscilla Marquez-Mosher,
Chairman
PM:tb
shearwtr.ltr
5/8/85
Page 17b
2
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT AND ADMINISTRATION
19. Staff Report - Continued. ~ r~(~,
REC ESS:
RECALL TO ORDER:
RECREATION & COMMUNITY SERVICES
20.
Staff Report 5/8/85 recommending
adoption of a Resolution for the
use of VISA and Master Charge cards
for Recreation and Community
Services Department.
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF A MERCHANT
AGREEMENT WITH FIRST NATIONAL BANK
OF DALY CITY
I
I
I
COMMUNITY DEVELOPMENT AND ADMINISTRATION
RESOLUTION NO. 93-85
Carried by unanimous voice vote.
Mayor Haffey declared a recess at 9:49
p.m.
Mayor Haffey recalled the meeting to
order at 9:52 p.m., all Council present.
RECREATION & COMMUNITY SERVICES
Director of Recreation & Community
Services Norton stated that the purpose
of the Resolution was to allow the
Department to start using the acceptance
of Visa and Master Card charges, on a
trial basis, for program participants.
He stated that he had reviewed the pro-
posed agreement and that the risks to the
City were minimal and this would increase
participation in the recreational
programs and provide a convenience to the
citizens. He explained that the reason
for the trial basis was to ascertain what
the additional workload or manpower needs
would be and if there were administrative
problems that would need to be ironed
out.
Mayor Haffey asked if one of the areas
which would be under consideration during
the trial basis would be whether there
was enough volume in use to overcome the
fee charged for the service.
Director of Recreation & Community
Services Norton stated that there was an
option of reviewing the current fees and
adding on a small fee, but the intent in
the beginning was to rely on increased
vol ume.
Discussion followed concerning the ser-
vice fee charged, which varied from three
to six percent, refund policies; presen-
tation of sales slips to the bank; pros
and cons of the use of the cards; infor-
mation provided by the bank with respect
to lost or stolen cards; that the use of
the cards would remain on a trial basis
518185
Page 18
AGENDA ACTION TAKEN
RECREATION & COMMUNITY SERVICES
20. Staff Report - Continued.
TECHNICAL AND MAINTENANCE SERVICES
21.
Hearing - Show Cause Hearing
~egarding violations of Chapters
14.04 and 14.08 of the South San
Francisco Municipal Code occurring
at 1410 E1Camino Real, South San
Francisco, California.
Staff Report 5/8/85 recommending:
1) Open the Hearing and hear testi-
mony from the owner of the prop-
erty; 2) Close the Hearing; 3)
Motion for a Cease and Desist
Order.
I
RECREATION & COMMUNITY SERVICES
for a period of one year beginning with
the registration for summer classes, etc.
M/S Addiego/Damonte - To adopt the
Resol ution.
RESOLUTION NO. 94-85
Carried by unanimous voice vote.
TECHNICAL AND MAINTENANCE SERVICES
City Manager Birkelo stated that there
was no written staff report submitted
because he had indicated in a memorandum
that this had been an on-going enfor-
cement matter that staff was trying to
ascertain the status of today for
tonight's meeting. He explained that on
the property, which was adjacent to the
PG&E easement on the east side of E1
Camino Real and the nursery on the other
side, there were two major structures
which contained six dwelling units and
house approximately 18 people. He
explained that the enforcement effort
began late in 1984 when it was determined
that the three septic tanks serving the
property had failed. He stated that
there were steps taken to make sure the
effluent did not reach Colma Creek. He
stated that the three septic tanks had
been excavated to gain access for
pumping the sewage out. He stated that
the condition had been that way for some
time; several weeks ago some corrective
efforts had begun but had not reached
the point by this morning that the public
health and safety problems were taken
care of; the property owner had been
directed to comply with directives by
Friday morning to see that all three
tanks were completely capped with stand-
pipes for pumping purposes and fill the
ground level so that no sewage effluent
could be spilled on the ground and become
available to animals and people on the
property itself.
He stated that it was a temporary solu-
tion to minimize the current safety
5/8/85
Page 19
AGENDA ACTION TAKEN
TECHNICAL AND MAINTENANCE SERVICES
21. Hearing - Continued.
TECHNICAL AND MAINTENANCE SERVICES
problem and time was still needed to
determine which of the options was most
viable: 1) evacuation of the premises;
2) construction of new septic tank to be
built to the County Health Department's
standards; 3) whether a sewer system
could be brought in close enough proxi-
mity to the property so that there could
be a hook up. He stated that the City
had indicated to the property owner that
within two weeks he should present
plans to the County Health Department for
a proposed septic tank system and if
that was the option there was a need to
amend the City's Code to allow for septic
tanks in existence prior to the time the
City prohibited septic tanks in the City.
He stated that the Council might consider
a permit to extend the tanks for a period
of time if the considations warranted.
He stated that staff did not have a
recommendation at this time for a long
term solution but would hopefully have
one within two weeks and recommended
that the matter be continued to the
adjourned regular meeting of 5/13/85 so
that if there is not compliance there
could be a cease and desist order to be
acted upon.
Mayor Haffey requested that an in-depth
written report be prepared in time for
the adjourned meeting before any action
was taken by the Council.
Vice Mayor Teglia stated that she had
a problem with the construction of a new
septic tank on the site and referred to a
similar incident in which the property
owner had been required to hook up to
the City sewer system.
City Manager Birkelo explained that the
closest hook up point to the property
was located on Mission Road under the
creek and rail road which was a major
costly extension. He stated that staff
was meeting next week with some of the
other property owners to investigate the
possibility of an assessment district
5/8/85
Page 20
AGENDA ACTION TAKEN
TECHNICAL AND MAINTENANCE SERVICES
21. Hearing - Continued.
ITEMS FROM STAFF
22.
Staff Report 5/8/85 recommending
that the City Council approve a
Statement of Intent to purchase
certain lands adjacent to Orange
Memorial Park.
ITEMS FROM COUNCIL
22a. Report by Vice Mayor Teglia on
the meeting of the Historical
Old Town Homeowners Association
Meeting.
TECHNICAL AND MAINTENANCE SERVICES
which would bring the sewer over the area
where a number of properties could be
hooked up which would be a difficult and
costly endeavor for one property to
effect.
Mayor Haffey declared the Hearing open.
Consensus of Council - To endorse the
administrative efforts to direct pro-
perty owner to comply with the immediate
health and safety matters and continue
the Hearing to Monday, 5/13/85.
ITEMS FROM STAFF
City Manager Birkelo stated that based
on prior discussions of Council he recom-
mended that Council express interest in
the possible acquisition of the property
and authorize staff to negotiate for
that end, if necessary, to explore the
possible use of eminent domain.
Consensus of Council - To express Council
interest in the possible acquisition of
the property.
ITEMS FROM COUNCIL
Vice Mayor Teglia stated that the persons
involved in forming the Association had
done so because of their concern in
seeing the neighborhood deteriorate and
wanted to effect a change. She spoke in
detail of the Association's concerns:
increased crime; illegal parking, weeds
on public and private property; debris
brought into the area; garbage evident
because many residents did not know that
they were required to subscribe to sca-
venger service; not disposing of the
garbage resulted in an increase of
rodents in the area; grafitti; street
sweeping program; conditions and activi-
ties taking place at Cypress and Pine
Park; traffic on Linden Avenue. She
requested that staff look at the traffic
concerns, particulary at California and
Linden.
5/8/85
Page 21
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
22a. Report - Continued.
GOOD AND WELFARE
CLOSED SESSION
23.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
RECALL TO ORDER:
ITEMS FROM COUNCIL
She stated that she had brought the
concerns to staff for discussion and
possible solutions to the problems for
the Association. She spoke of the
establishment of a liaison program by the
Department of Recreation with existing
homeowners associations and give aid to
other associations that wish to form.
She stated that she had given copies of
the nuisance abatement ordinance to the
Association, and they had been suppor-
tive, and felt that many of their con-
cerns had been addressed in the
Ordinance.
She stated that the Association had also
discussed the fact that the City will be
an entitlement City this year and would
be getting its own Community Development
Block Grants and would be able to priori-
tize how the funds would be spent
within the community. She continued, a
lot of suggestions had been made for
various types of programs that the
Association could initiate or the City
could help initiate; and the Association
could perhaps apply to City for funding
under this particular entitlement.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at
10:15 p.m. for discussion of the items
listed and City Attorney Rogers stated
that the litigation case to be discussed
was the matter of Katz vs. the City of
South San Francisco.
Mayor Haffey recalled the meeting to
order at 12:16 a.m., all Council present,
and stated that no action had been taken.
M/S Addiego/Damonte - To adjourn the
meeting to Monday, 5/13/85, at 7:00 p.m.,
in the City Council Conference Room, at
City Hall.
5/8/85
Page 22
AGENDA
ACTION TAKEN
ADJOURNMENT
RESPECTFULLY SUBMITTED:
Barbara A. l~attaya, City ~erk
City of South San Francisco
Carried by unanimous voice vote.
Time of adjournment 12:17 a.m.
APPROVED:
Richard 'A. H~ffey,~ ~y~ ~
City of South San Fr, r~co
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral communications, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the Office of the City Clerk and are
available for inspection, review and copying.
5/8/85
Page 23