HomeMy WebLinkAboutMinutes 1986-05-28 Mayor Roberta Cerri Teglia
Vice Mayor Mark N. Addiego
Counci 1:
John "Jack" Drago
~- Ri chard A. Haffey
~ Gus Nicolopulos
MINUTES
City Council
Municipal Services Building
Community Room
May 28, 1986
0 12
AGENDA
ADJOURNED REGULAR MEETING
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
AGENDA REVIEW
Discussion of the following
Propositions on the June Ballot:
Proposition No. 46 Property
Taxation; Proposition No. 47
Allocation of Vehicle License
Fee Taxes to Counties and Cities;
Proposition No. 49 Nonpartisan
Offices· 0-~/.~--.~
ACTION TAKEN
ADJOURNED REGULAR MEETING
7:23 p.m. Mayor Teglia presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Addiego, Drago and
Teglia.
None.
AGENDA REVIEW
City Manager Birkelo stated that he had
nothing to add to the Agenda.
He stated that at the last meeting there
had been a debate on the merits of
Proposition 51 after a previous endorse-
ment by the Council. He stated that
there were three other issues that
Council had not publicly reacted to, but
tonight was the opportunity to consider
them briefly and decide if Council should
take a stand on the issues.
He stated that Proposition 46 would
reauthorize general obligation bonds for
local government upon approval of 2/3 of
the electorate. He continued, this was
true before Proposition 13, after
Proposition 13 when the ability to
authorize increases in the property tax
rate for general obligation bonds was
eliminated. Cities did find ways to
borrow money through revenue bonds, cer-
tificates of participation which are more
expensive than the general obligation
bonds.
He stated that in the voters pamphlet,
there was not an argument against this
issue; however the local newspaper, Times
Group, had indicated an objection to it.
He stated that their philosophy was that
any borrowing should be supported out of
5/28/86
Page i
AGENDA ACTION TAKEN
1. Discussion of Propositions on
the June Ballot - Continued.
the current budget, rather than by asking
the voters, 2/3 of the voters, to approve
additional funding. He cited an example
as that of improvements and expansion of
Orange Park. He stated that this would
not only cost money to acquire, improve
and maintain but the benefits would
accrue to future generations. He stated
that that was a good example of the type
of public improvement that lends itself
to the general obligation bonds
financing. He stated that it was hard
for him to believe that the project would
not be worthwhile if the City got 2/3 of
the City's voters to approve it. He
stated that the municipal services
building would not exist today if the
City had not had the option that was
available at that time, because it was
two months before Proposition 13 was
approved.
He stated that it was his recommendation
that the Council go on record, by Motion,
approving a yes vote on Proposition 46.
Councilman Drago stated that he could not
support Proposition 46 as he felt that it
was an attempt to weaken the intent of
Proposition 13. He stated that he was
not sure that the Council should go on
record supporting any proposition,
especially Proposition 51, with all of
the confusion going on in the State right
now,
Vice Mayor Addiego stated that it did
weaken Proposition 13 in an area where
the Proposition itself was weak to begin
with, and it is up to the people to look
back and see if that is the best thing
for today.
He stated that local government was
incredibly accountable to the citizenry
and this Proposition required 2/3 vote.
He stated that it gave the government a
tool, general obligation bonds, for
financing the long term improvements. He
stated that if the public was not
interested in that, it would not take
much to muster 34% against an issue which
had been done in the past ten or twelve
5/28/86
Page 2
AGENDA ACTI~ON TAKEN
1. Discussion of Propositions on the
June Ballot - Continued.
years. He stated that the minority was
protected by this 2/3 provision which
gave the legal entity the right to pursue
general obligation bonds.
Councilman Haffey stated that he would
agree with Councilman Drago if this par-
ticular Proposition said it was 51%,
because it then would be a true weakening
and would really destroy the spirit of
Proposition 13. He continued, with the
requirement of 66-2/3 vote on Proposition
46 for general obligation bonds, he did
not think it weakened it, but gave an
opportunity for taxpayers to save money
using this vehicle. He stated that it
was a cheaper route of financing, and yet
the people could control it with only
34% of the vote.
He stated that he agreed with Councilman
Drago, if it was 51%, there was no way
that he could support the Proposition.
Councilman Nicolopulos stated that
general obligation bonds had been the
survival of the cities and then
Proposition 13 came along. He stated
that a 2/3 vote was safe ground that
should be seen by people and it would
allow local government available options.
M/S Haffey/Addiego - To endorse a yes
vote on Proposition 46.
Carried by majority roll call vote, Drago
voted no.
City Manager Birkelo stated that
Proposition 47 would constitutionally
grant the gas tax to local government.
He stated that several years ago when the
legislative government got in trouble
they used the tax money, and that this
Proposition would serve as a safeguard
to guarantee that the taxes came to local
government.
Mayor Teglia stated that she was going to
vote for this Proposition as she remem-
bered when the State took away the taxes.
She stated that the State collected the
city resource, however, it was never a
revenue for the State to use.
5/28/86
Page 3
AGENDA
ACTION TAKEN
0215
1. Discussion of Propositions on the
June Ballot - Continued.
ADJOURNMENT
RESPECTFULLY SUBMITTED,
ar~a A. Battay~k
City of South San Francisco
M/S Addiego/Haffey - To endorse a yes
vote on Proposition 47.
Carried by unanimous roll call vote.
City Manager Bi rkelo stated that
Proposition 49 would assure that local
elections were nonpartisan. He stated
that that this Proposition was more
controversial than the others, yet
historically city elections had been non-
partisan for many years. He stated that
this would prevent partisan politics
endorsing people running for local
offi ce.
Vice Mayor Addiego stated that this would
eliminate the party activity, but not the
individual activity.
Mayor Teglia stated that local elections
would include County, Schools and Special
Districts.
M/S Haffey/Drago - To endorse a yes vote
on Proposition 49.
Carried by majority voice vote,
Nicolopulos voted no and Addiego
abstained.
M/S Haffey/Drago - To adjourn the
meeting.
Carried by unanimous voice vote.
The meeting was adjourned at 7:40 p.m.
APPROVED.
];Foberta Cerri eg ia,~yor
City of South San Fraficisco
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.
5/28/86
Page 4
Mayor Roberta Cerri Teglia
Vice Mayor Mark N. Addiego
Counci 1:
John "Jack" Drago
... Ri chard A. Haffey
Gus Nicolopulos
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
PROCLAMATION - SAFE BOATING WEEK
AGENDA REVIEW
City Manager Birkelo Requested:
- Item No. 4, that the title of the
Resolution should read: A
RESOLUTION AUTHORIZING EXECUTION
OF FIRST AMENDMENT TO SERVICE
AGREEMENT (WORKERS' COMPENSATION)
- Item No. 15, would be discussed
in Closed Session as it dealt
with property negotiation and
litigation (Wayman vs. S.S.F.
Case No. 295425).
- Add Item 16a., discussion of
possible dates for budget
meetings.
ORAL COMMUNICATIONS
MINUTES
City Council
Municipal Services Building
Community Room
May 28, 1986
0216
ACTION TAKEN
7:42 p.m. Mayor Teglia presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Addiego, Drago and
Teglia.
None.
The pledge of allegiance was recited.
Reverend Evelyn Kendall, Aldersgate
Methodist Church, gave the invocation.
PRESENTATIONS
Mayor Teglia read the Proclamation aloud
and presented it to Mr. Bob Walton.
She announced that the 4th Annual Italian
Day in the Park would be held on 6/1/86.
She welcomed Senior Planner Dan
Christians back to the City after a ten
month sojourn in Saudi Arabia. <~'~0~;'~
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Ms. Edna Harks, 210 Eucalyptus Ave.,
5/28/86
Page I
AGENDA
ACTION TAKEN
0217
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Staff Report 4/9/86 recommending
that the following claim be denied
and referred to the City's
Insurance Adjuster and the City
Attorney: Claim as filed by
Brendan Conroy, Esq., the Collins
Law Office, on behalf of Jack
Hamilton, Sr., Jack Hamilton, Jr.,
Carol Hamilton, Debra Wydler, and
Debra Wydler as Guardian ad Litem
for Douglas, Joseph and Sarah
Wydler, alleging unproved alter-
cation with the Police Department
causing emotional distress to
family members.
®
Staff Report 5/28/86 recommending
by Motion to accept the Buri Buri
Park/Brentwood Park Path Projects
PR-82-4/PR-83-3 as complete in
accordance with the approved plans
and specifications.
0
Staff Report 5/28/86 recommending
by Motion to accept the Spruce
Gymnasium Project PR-85-1 as
complete in accordance with the
approved plans and specifications.~
4. Staff Report 5/14/86 recommending
ORAL COMMUNICATIONS
stated that the Historical Society was
sponsoring a photo contest for students
in the sixth to twelfth grades and that
prizes would be awarded August 23 and 24.
COMMUNITY FORUM
Councilman Nicolopulos stated that in
mid February he had spoken of a letter by
a concerned citizen, and questioned how
long before Staff addressed those con-
cerns, i.e., overgrown bush; cracked
sidewalk from tree roots; double parking
in the 500 block of Grand Ave.; holes in
the ground at the entrance of Orange
Park.
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
So ordered.
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
5/28/86
Page 2
AGENDA
ACTION TAKEN
CONSENT CALENDAR
4. Staff Report - Continued.
adoption of a Resolution author-
izing first amendment to an
agreement for Workers' Compensation
with Greenfield-Thompson
Associates, Insurance Services,
Inc.
A RESOLUTION AUTHORIZING EXECUTION
OF FIRST AMENDMENT TO SERVICE
AGREEMENT (WORKERS' COMPENSATION)
Staff Report 5/28/86 recommending
adoption of a Resolution to award
the bid for the Cypress and Pine
Playlot Lighting Project to All
State Electric, Inc. in the amount
of $12,571 as the lowest respon-
sible bidder.
A RESOLUTION OF AWARD OF CONTRACT
CYPRESS AND PINE PLAYLOT LIGHTING
PROJECT PROJECT NO. PR-85-6 BID NO.
1719
®
Staff Report 5/28/86 recommending
by Motion to accept as complete the
Basin 9 Sewer Replacement Project
SS-83-2, as complete in accordance
with approved plans and specifica-
tions.
0
Staff Report 5/28/86 recommending
adoption of a Resolution author-
izing an agreement with PG&E to
install facilities for the Water
Quality Control Plant.
A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN AGREE-
MENT WITH PG&E TO INSTALL
FACILITIES OR PERFORM OTHER WORK
(SOUTH SAN FRANCISCO-SAN BRUNO
QUALITY CONTROL PLANT)
®
Staff Report 5/28/86 recommending
adoption of a Resolution to amend
the agreement for the Interim City
CONSENT CALENDAR
RESOLUTION NO. 99-86
RESOLUTION NO. 100-86
So ordered.
RESOLUTION NO. 101-86
5/28/86
Page 3
AGENDA ACTION TAKEN 0219
CONSENT CALENDAR
8. Staff Report - Continued.
CONSENT CALENDAR
Attorney's services.
®
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF FIRST AMENDMENT TO
AGREEMENT FOR SERVICES (INTERIM
CITY ATTORNEY)
Staff Report 5/28/86 recommending
adoption of a Resolution adopting a
Displacement Policy under the
Community Development Block Grant
Program.
RESOLUTION NO. 102-86
A RESOLUTION ADOPTING A DISPLACE-
MENT POLICY UNDER THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
RESOLUTION NO. 103-86
M/S Haffey/Addiego - To approve the
Consent Calendar with the exception of
items No. i and 3.
Carried by unanimous voice vote.
Staff Report 4/9/86 recommending
that the following claim be denied
and referred to the City's
Insurance Adjuster and the City
Attorney: Claim as filed by
Brendan Conroy, Esq., the Collins
Law Office, on behalf of Jack
Hamilton, Sr., Jack Hamilton, Jr.,
Carol Hamilton, Debra Wydler, and
Debra Wydler as Guardian ad Litem
for Douglas, Joseph and Sarah
Wydler, alleging unproved alter-
cation with the Police Department
causing emotional distress to
family members.
City Attorney Rogers stated that this
item should be discussed in Closed
Session.
M/S Nicolopulos/Addiego - To deny the
and refer the claim to the City's
Insurance Adjuster and the City Attorney.
Carried by unanimous voice vote.
®
Staff Report 5/28/86 recommending
by Motion to accept the Spruce
Gymnasium Project PR-85-1 as ~
complete in accordance with the
approved plans and specifications.
Councilman Nicolopulos stated that he was
happy to see this project completed,
however the City had not had a say on the
architecture which disappointed him. He
stated that much of the work had been
done without supervision. He stated that
paint was chipping, there were water
stains, and yet tax money had paid for
the improvements. He questioned the term
spalding. 5/28/86
Page 4
AGENDA ACTION TAKEN 0220
3. Staff Report - Continued.
APPROVAL OF BILLS
10. Approval of the Regular Bills of
5/28/86.
Director of Recreation & Community
Development Norton stated that spalding
was when the rebar and the plaster around
it deteriorated.
Councilman Nicolopulos stated that the
skylight had been replaced, yet the beams
had not been touched. He stated that he
would like to see the area tested for
leaks before the Council approved the
project.
Councilman Haffey stated that there had
been excellent cooperation between the
City and the School District on this pro-
ject, which had been a derelict
building. He stated that there were
also problems with the MSB even today,
and felt that this project should be
accepted.
Mayor Teglia stated that a building was
badly needed in that area for
recreational programs and the School
District had an on-going maintenance
program.
M/S Addiego/Haffey - To accept the Spruce
Gymnasium Project as complete.
Carried by unanimous roll call vote.
APPROVAL OF BILLS
Councilman Nicolopulos questioned as to
how many trust funds there were in the
Recreation Department.
Director of Recreation & Community
Development Norton stated that there were
two.
Councilman Nicolopulos questioned
payments to Pay-n-Pak and Bronstein
Music.
Director of Recreation & Community
Development Norton stated that it was to
purchase stereo equipment for the new
year.
5/28/86
Page 5
AGENDA ACTION TAKEN 0221
APPROVAL OF BILLS
10. Approval of the Regular Bills of
5/28/86 - Continued.
COMMUNITY DEVELOPMENT & ADMINISTRATION
11.
Staff Report 5/28/86 recommending:
1) Adoption of a Resolution for an
agreement with Municipal Resource
Consultants to provide sales tax
audit and information services; 2)
Adoption of a Resolution desig-
nating Municipal Resource
Consultants as the City consultant
authorized to examine sales and use
tax records.
A RESOLUTION AUTHORIZING EXECUTION
Of AN AGREEMENT WITH MUNICIPAL
RESOURCE CONSULTANTS TO PROVIDE
SALES TAX AUDIT AND INFORMATION
SERVICES ~ 7
A RESOLUTION DESIGNATING MUNICIPAL
RESOURCE CONSULTANTS AS A CITY
CONSULTANT AUTHORIZED TO EXAMINE
SALES AND USE TAX RECORDS
APPROVAL OF BILLS
M/S Nicolopulos/Haffey - To approve the
Regular Bills of 5/28/86 in the amount of
$1,860,398.10
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT & ADMINISTRATION
Finance Director Lipton stated that adop-
tion of this Resolution would allow recov-
ery of previous unreported sales tax for
the City. He stated that the following
would be accomplished: it would identify
all potential tax pa~nnents; that there
would be a back audit to catch those not
paying taxes. He stated that there would
be a flat fee for the services of $5,000,
and the Consultant would receive 25% of
all new sales tax generated through his
efforts. He stated that the City could
realize another $200,000 in revenue.
Councilman Haffey questioned whether the
$200,000 was net or gross.
Director of Finance Lipton stated that
that was a gross figure and that the City
would realize $150,000. He stated that
the Consultant would concentrate on those
people not paying sales tax in this City,
and when taxes were found, it would be
verified by the Board of Equalization.
Councilman Haffey questioned the safe-
guards. He stated that a company that
had been administrative and then shifted
to sales, should not be considered as an
audit find with a percentage paid to the
Consultant.
M/S Nicolopulos/Drago - To adopt the
Resolution for the Consultant Agreement.
RESOLUTION NO. 104-86
Carried by majority voice vote, Haffey
voted no.
M/S Nicolopulos/Drago - To adopt the
Resolution to examine records.
5/28/86
Page 6
AGENDA
ACTION TAKEN
0222
COMMUNITY DEVELOPMENT & ADMINISTRATION
COMMUNITY DEVELOPMENT & ADMINISTRATION
11. Staff Report - Continued.
RESOLUTION NO. 105-86
Carried by majority roll call vote,
Haffey voted no.
12.
Public Hearing - UP-85-743 Appeal Mayor Teglia opened the Public Hearing.
of the Planning Commission decision
of 4/24/86 denying Use Permit Director of Planning Smith stated that
Modification of Quinton Robertson~~Z9~ the recommendation was to deny the
to allow occupancy of one of the appeal based upon the findings in the
tenant spaces at Winston Manor
Shopping Center by a bakery at 123
Hickey Boulevard in the C-1
Neighborhood Commercial Zone
District.
Staff Report 5/28/86 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal based upon the findings in
the staff report.
staff report, i.e., the request is not
consistent with the spirit and intent of
the original Use Permit approval; the
request is not consistent with Condition
No. 15 of UP-85-743; the request is not
consistent with Policy 9-3 of the General
Plan; the request, as proposed, may be
adverse to the public safety and may be
detrimental to surrounding properties and
improvements.
Mayor Teglia invited those wishing to
speak in favor of the appeal to step to
the dais.
Dr. Robertson stated that one of the
requirements placed upon him had been to
widen Hickey Boulevard, which he did not
feel was his responsibility. He stated
that he had a petition from all of the
merchants in the shopping center stating
that their businesses had been damaged by
the Planning Commission's demands for
improvements to the shopping center by
the owner.
He stated that the conditions would be
met as soon as possible, however the
vacant stores had reduced revenue. He
stated that allowing the bakery to move
into the shopping center would enhance
the other businesses. He stated that the
City had been using occupancy of the
stores as a ransom for him to do the
work, which he felt had been successful,
yet he wanted the baker to occupy the
store and he would put up a bond in
exchange for that occupancy.
5/28/86
Page 7
AGENDA
COMMUNITY DEVELOPMENT & ADMINISTATION
12. Staff Report - Continued.
ACTION TAKEN
0223
COMMUNITY DEVELOPMENT & ADMINISTRATION
Deputy City Manager/City Engineer Yee
stated that the cost of improvements
would be $43,000 to effect.
City Manager Birkelo stated that he had
talked with Dr. Robertson yesterday and
had told him that the street work would
be $43,000 and that 20% of the estimate
of the work would have to be covered by
cash or a bond that would be tied into an
agreement.
Discussion followed: that a 100% bond
should be put up to ensure that the work
would be done; whether Dr. Robertson
would effect the improvements.
Mr. Walter Spengler stated that he wanted
very much to open the bakery.
Mayor Teglia invited those wishing to
speak in opposition to the appeal to step
to the dais - no one chose to speak, and
she closed the Public Hearing.
Councilman Drago questioned the total
amount of improvements to be made in the
shopping center.
City Manager Birkelo stated that it would
be at least $60,000, if not more.
Mayor Teglia stated that she had
researched the Use Permit going back to
1978 and had found that Dr. Robertson had
a history of agreeing to put up money for
improvements that were never effected.
Dr. Robertson stated that he had investi-
gated the cost of the improvements, had
presented plans, yet there was always
something wrong with the plans each of
the six times they were presented. He
stated that this time the engineer had
seen the plans even though they were not
yet complete. He spoke with concern of:
the property he would lose by making the
improvements; the ratio of parking for
5/28/86
Page 8
^CT O 0224
COMMUNITY DEVELOPMENT & ADMINISTRATION
12. Staff Report - Continued.
COMMUNITY DEVELOPMENT & ADMINISTRATION
the retail spaces; that the improvements
would limit the value of his property for
future development.
Vice Mayor Addiego stated that he
understood Dr. Robertson's frustrations;
however, the Government was spending money
on the roadways surrounding the property
and required plans for future
development.
Councilman Haffey stated that he was in
favor of a performance bond for the work
to be done and questioned why the recom-
mendation was not in the staff report.
Discussion followed: on a series of use
permits; that rather than requiring a
performance bond, require an escrow
account be set up that was tied to an
agreement that would make the improve-
ments be effected; and if the work was
not performed, the City would do it and
take the money out of the escrow account
to pay for the improvements.
City Attorney Rogers recommended that the
Council not approve any occupancy until
the money for the improvements was in an
interest bearing account in the bank and
Dr. Robertson's signature was on an
agreement. He stated that then the City
could draw the money out of the bank to
pay for the improvements and Dr.
Robertson could not. He stated that in
having the money in the bank in an escrow
account and an agreement to perform the
work, then on specific dates when Dr.
Robertson had not begun the improvements,
the City could effect the work after
the plans were approved.
Consensus of Council - To continue the
item until an agreement is effected
and money deposited into an escrow
account.
5/28/86
Page 9
AGENDA ACTION TAKEN
POLICE
POLICE
13.
Staff Report 5/14/86 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance on Recreational
Vehicles.
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Haffey/Drago - To waive further
reading of the Ordinance.
2nd Reading/Adoption Carried by unanimous voice vote.
AN ORDINANCE REPEALING CHAPTER 8.44
OF THE SOUTH SAN FRANCISCO M/S Haffey/Drago - To adopt the
MUNICIPAL CODE AND ORDINANCE NO. ~/~;~ Ordinance.
229 ENTITLED "AN ORDINANCE ~5~/~,~
REGULATING THE USE OF TRAILERS OR
CAMP CARS IN THE CITY OF SOUTH SAN
FRANCISCO" AND ADDING CHAPTER 8.44
ENTITLED "PARKING AND STORAGE OF
RECREATIONAL VEHICLES REGULATED"
ORDINANCE NO. 1004-86
Carried by unanimous roll call vote.
CO MMUN I CATIO NS
COMMUNICATIONS
14.
Letter dated 5/20/86 from Thomas J.
Callan, Jr. respectfully requesting
that the City Council reopen its
hearing of 5/14/86 on UP-86-755 for
the sole purpose of hearing an
expert from the geotechnical con-
sulting firm of Harding Lawson ~~
Associates orally testify and
answer Council questions concerning
the proposed retaining wall. The
letter states that Harding Lawson
Assoc. is the firm hired by the
City to review and make recommen-
dations to the City of the proposal
made by Mr. Callan's experts.
Mike Galligan, Esq., stated that at the
last meeting there had been a number of
people with questions in the hearing
in reference to the hill, and
that Council had addressed their concerns
to Mr. Yee who had not known the answers
to the questions. He stated that the
City had designated a firm that had
reported to the City on the proposal by
Mr. Callan and had found the proposal
feasible.
He stated that the Council had not
heard from the hydrologist Mr. Callan
had paid for to prepare an extensive ana-
lysis on the proposal.
City Manager Birkelo stated that the City
Attorney had been asked to research the
matter procedurally.
City Attorney Rogers stated that he had
been asked at the meeting what the stan-
dard was for an EIR. He had related
that if the Council found substantial
evidence, the project could have a
significant effect on the environment,
and then an EIR had to be prepared. That
was the end of the discussion.
5/28/86
Page 10
AGENDA
COMMUNICATIONS
14. Letter - Continued.
ACTION TAKEN
0226
COMMUNICATIONS
He reiterated in detail the response he
had made at the earlier meeting and
advised the Council not to reopen the
Public Hearing.
Vice Mayor Addie§o stated that some mem-
bers of the Council had concerns in this
particular area and there had been
questions, and the answers had not been
sufficient. He stated that because of
that, there was insufficient opportunity
to weigh the facts - in fact, there was an
absence of facts. He stated his
main concern was and continues to be
traffic, yet the issue being addressed
was soil stability.
City Attorney Rogers stated if the
project was to have a substantial impact
on the environment, traffic, or through
slides, the Council must require an
EIR.
Discussion followed: if the letter was
requesting Council to reopen the hearing
and glean evidence from the testimony;
concern voiced from the residents on the
stability of the hill; that Council had
reports from the hydrologist and the
engineer that addressed the hill and
the traffic; that Mr. Callan had lost
the prospective tenant, Orchard Supply,
because of the six month delay through
the requirement of an EIR: that if there
was no tenant for the project, an
EIR was not required.
Continued discussion followed: that traf-
fic reports had been completed in 1977,
1980 and in February of 1986; that Staff
had originally recommended a Negative
Declaration which had been overruled by
the Planning Commission and an EIR had
been required without purusin9 the
reports from Mr. Callan; the amount of
money Mr. Callan had expended on the
various reports; that some Councilmembers
were dissatisfied with the tone of the
5/28/86
Page 11
AGENDA
ACTION TAKEN
0227
COMMUNICATIONS
14. Letter - Continued.
ITEMS FROM STAFF
15. Review of surplus property on~7~
Industrial Way.
ITEMS FROM COUNCIL
16. Discussion of Council Goals
Objectives.
16a. Discussion of possible dates for~/~O
budget meetings.
GOOD AND WELFARE
CLOSED SESSION
17.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
COMMUNICATIONS
hearing they had held or the resultant
outcome; scoped EIRs to address traffic
and slope instability; concern over traf-
fic on Westborough Boulevard and the
technology to stabilize the slope;
whether the slope stability could be
addressed as a redevelopment project.
Mayor Teglia stated that when an item was
referred back to the Planning Commission
for further consideration, it encouraged
people to treat the Commission as a
serious entity.
Councilman Halley stated that he could
appreciate the nine volumes Mr. Callan
provided, however, it was unrealistic to
expect that Council would read documents
of this magnitude for every project pre-
sented to the City. He stated that the
Council counted upon the Staff to analyze
these types of documents and report to
Council through their expertise.
ITEMS FROM STAFF
Discussed in Closed Session.
ITEMS FROM COUNCIL
Councilman Haffey stated that this would
be discussed during the budget session.
Consensus of Council - To set Thursday,
6/12/86, at 1:00 p.m. at City Hall in the
Council Conference Room for a budget
hearing.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at
10:00 p.m., for the discussion of prop-
erty negotiations; clarification on Item
No. 1; and Wayman vs. City of South San
Francisco Case No. 295425 and San
5/28/86
Page 12
AGENDA
ACTION TAKEN
CLOSED SESSION
RECALL TO ORDER:
Staff Report 4/9/86 recommending
that the following claim be denied
and referred to the City's
Insurance Adjuster and the City~_~
Attorney: Claim as filed by~
Brendan Conroy, Esq., the Collins
Law Office, on behalf of Jack
Hamilton, Sr., Jack Hamilton, Jr.,
Carol Hamilton, Debra Wydler, and
Debra Wydler as Guardian ad Litem
for Douglas, Joseph and Sarah
Wydler, alleging unprovoked alter-
cation with the Police Department
causing emotional distress to
family members.
ADJOURNMENT:
CLOSED SESSION
Francisco vs. City of South San
Francisco.
Mayor Teglia recalled the meeting to
order at 10:40 p.m., all Council present,
no action taken.
M/S Nicolopulos/Addiego - To deny and
refer the claim to the City's Insurance
Adjuster and the City Attorney: Claim as
filed by Brendan Conroy, Esq., on behalf
of Jack Hamilton, Sr., et al.
Carried by unanimous voice vote.
M/S Haffey Drago - To adjourn the
meeting.
Carried by unanimous voice vote.
Time was 10:46 p.m.
RESPECTFULLY SUBMITTED,
BaA~taya, City C~k
City of South San Francisco
APPROVED.
City of South San FrancTsco
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.
5/28/86
Page 13