HomeMy WebLinkAboutMinutes 1989-12-13Mayor Richard A. Halley
Counci 1:
Jack Drago
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
December 13, 1989
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 13th day of December 1989, at 6:00 p.m., in the Municipal
Services Building Community Room, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Closed Session for the purpose of the discussion of personnel matters, labor
relations, property negotiations and litigation.
City of South San Francisco
Dated: December 7, 1989
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
Closed Session for the purpose of
the discussion of personnel
matters, labor relations, property
negotiations and litigation.
Councilman Nicolopulos Arrived:
RECALL TO ORDER:
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
~ay?~, ~
City of South San Francisco
6:30 p.m. Mayor Halley presiding.
Council present:
Council absent:
Drago, Penna, Teglia,
and Haffey.
Nicolopulos.
Council adjourned to a Closed Session at
6:05 p.m. to discuss the items noticed.
Councilman Nicolopulos arrived at the
meeting at 6:06 p.m.
Mayor Haffey recalled the meeting to
order at 7:07 p.m., all Council present,
no action taken.
M/S Teglia/Nicolopulos - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:07 p.m.
City of South Sa~l/ancisco
12/13/89
Page I
AGENDA ACTION TAKEN
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.
12/13/89
Page 2
Chairwoman Roberta Cerri Teglia
Boa rdmembe rs:
Jack Drago
Richard A. Halley
Gus Nicolopulos
John R. Penna
MINUTES
Recreation and Park District
Municipal Services Building
Community Room
December 13, 1989
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, that the Recreation and Park District of the City of South San
Francisco will hold a Special Meeting on Wednesday, the 13th day of December 1989, at
6:45 p.m., in the Municipal Services Buildin§ Community Room, 33 Arroyo Drive, South San
Francisco, California.
Purpose of the meeting:
1. Reorganization of the Recreation and Park District.
2. Approval of the Minutes of the Special Meeting of 9/13/89.
3. Resolution setting the annual meeting as the second Wednesday in December of
each year at 6:45 p.m.
A RESOLUTION SETTING THE TIME AND PLACE OF MEETINGS OF THE RECREATION AND
PARK DISTRICT
Resolution authorizing the Executive Director to sign a lease and management
agreement between VIP Marine, Inc. and the San Mateo County Harbor District
at the Oyster Point Marina.
A RESOLUTION APPROVING EXECUTION OF A LEASE AND MANAGEMENT AGREEMENT AT THE
OYSTER POINT MARINA FOR VIP MARINE BOAT & STORAGE
Barbara A. Battaya, Clerk~
South San Francisco Recreation and
Park District
Dated: December 7, 1989
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
1. Reorganization of the Recreation
and Park District.
7:10 p.m. Chairwoman Teglia presiding.
South San Francisco Recreation and Park
District Boa rdmembe rs present:
Drago, Nicolopulos,
Penna, Halley and
Teglia.
South San Francisco Recreation and Park
District Boardmembers absent:
None
M/S Nicolopulos/Drago - To nominate
Richard A. Halley as Chairman.
Carried by unanimous voice vote.
12/13/89
Page I
AGENDA ACTION TAKEN O.LG
~ 2. Approval of the Minutes of the
Special Meeting of 9/13/89.
e
0
Resolution setting the annual
meeting as the second Wednesday in
December of each year at 6:45 p.m.
A RESOLUTION SETTING THE TIME AND
PLACE OF MEETINGS OF THE RECREATION
AND PARK DISTRICT
Resolution authorizing the
Executive Director to sign a lease
and management agreement between
between VIP Marine, Inc. and the
San Mateo County Harbor District
at the Oyster Point Marina.
A RESOLUTION APPROVING EXECUTION
OF A LEASE AND MANAGEMENT AGREE-
MENT AT THE OYSTER POINT MARINA
FOR VIP MARINE BOAT & STORAGE
ADJOURNMENT:
M/S Nicolopulos/Haffey - To approve the
Minutes of 9/13/89.
Carried by unanimous voice vote.
M/S Teglia/Drago - To adopt the
Resolution.
RESOLUTION NO. RPD-9-89
Carried by unanimous voice vote.
Executive Director Armas stated that the
City Council had approved the lease docu-
ments allowing VIP to establish opera-
tions some years ago, and this would
allow the District to approve the docu-
ments.
M/S Drago/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. RPD-10-89
Boardmember Nicolopulos questioned when
this item would come back for
reevaluation.
Executive Director Armas stated that the
document was only a lease and would ter-
minate when the property reverted to the
City in the year 2035.
Boardmember Penna stated that two years
ago he had sold his interest in the
Marina to VIP, and questioned whether
there was a conflict of interest on his
part in taking part in the Board action.
City Attorney Armento responded that
there was not, because Boardmember Penna
had sold his interest in the property two
years previously.
Carried by unanimous voice vote.
Time of adjournment was 7:38 p.m.
12/13/89
Page 2
RESPECTFULLY SUBMITTED,
ar~bar'a A. Battaya, Cler~k
City of South San Francisco
Recreation and Park District
APPR ~
t
Richard A.'Haffey, ~v~i~an
City of South San Fr~fc' sco
Recreation and Park )istrict
The entries of this Council meeting show the action taken by the Recreation and Park
District 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.
12/13/89
Page 3
Mayor Richard A. Haffey
Counci 1:
Jack Drago
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
December 13, 1989
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 13th day of December 1989, at 7:15 p.m., in the Municipal
Services Building Community Room, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Presentation of Police Public Safety Awards.
Barbara A. Battaya, City~lerk
City of South San Francisco
Dated: December 7, 1989
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
1. Presentation of Police Public
Safety Awards.
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
Barbara A. Battaya,
City of South San Francisco
7:27 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Drago, Nicolopulos,
Penna, Teglia, and
Haffey.
None.
Police Chief Datzman presented awards
for outstanding service to the community
to the following individuals: Matthew
Wade Shields; Richard Shields; Mike
Meloni; Carl Macugay; Roberta Teglia;
Jennifer Reyes; and Margaret Raver.
He voiced appreciation to his staff for
assisting in the selection of individuals
for these very deserving awards.
M/S Teglia/Penna - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:35 p.m.
Ri ch~ ~d~A~fey~/
City of South San F~Pap~Fisco
~// 12/13/89
Page i
AGENDA ACTION TAKEN
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.
12/13/89
Page 2
Mayor Richard A. Halley
Council:
Jack Drago
Gus Nicolopulos
John R. Penna
Roberta Cerri Teglia
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE
I NVOCAT ION
PRESENTATIONS
AGENDA REVIEW
City Manager Armas Requested: - Delete Item No. 4.
- Delete Item No. 5.
- Modify the recommendation on
Item No. 14 to omit No. 2, and
approve No. I and 3.
ORAL COMMUNICATIONS
COMMUNITY FORUM
MINUTES
City Council
Municipal Services Building
Community Room
December 13, 1989
ACTION TAKEN
7:43 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Drago, Nicolopulos,
Penna, Teglia, and
Halley.
None.
The pledge was recited.
Chaplain Whitaman, Kaiser Hospital, gave
the invocation.
PRESENTATION
Mr. Robert Phoenix, Sumitomo Tire, stated
that Sumitomo was a 535 year old company
with roots in Japan, and Sumitomo Tire
called South San Francisco home. He
stated that after the earthquake it was
decided to not have the traditional
employee Christmas party, and apply the
funds to a more needy cause. He pro-
ceeded to present the Mayor with a $3,000
check for repair of Orange Park Pool from
the earthquake.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
No one chose to speak.
COMMUNITY FORUM
Councilman Penna stated that he had
received a letter from the S.S.F. Youth
Baseball Managers seeking support from
12/13/89
Page i
AGENDA ACTION TAKEN
COMMUNITY FORUM
CONSENT CALENDAR
Approval of the Minutes of the
Regular Meeting of 11/08/89, and
the Regular Meeting of 11/22/89.
Approval of the Regular Bills of
11/22/89, and the Regular Bills of
12/13/89.
Motion to waive fees of $105.00
for use of the Municipal Services
Building Social Hall for the
Community Scholarship Association's
annual "Honor Graduate Night."
0
Resolution approving specifica-
tions, and calling bids for the
Magnolia Senior Center.
A RESOLUTION APPROVING SPECIFI-
CATIONS, AND AUTHORIZING THE
ADVERTISEMENT OF SEALED BIDS FOR
MAGNOLIA SENIOR CENTER
5. Motion to accept as complete the
public improvements constructed and
installed in accordance with the
subdivision improvement agreement
for Pointe Grand Business Park
PUD-87 -7.
6. Motion to accept the 1989-90 Street
Resurfacing Program as complete in
accordance with the plans and spe-
cifications.
COMMUNITY FORUM
the Council in sponsoring a hole in the
third annual golf tournament to be held
1/21/90 at Sharp Park Golf Course, as
well as participate.
He spoke of a photographic art show being
exhibited at the Court House in Redwood
City, called "Women with Aids." He
stated that he would like to see this
type of display exhibited locally.
CONSENT CALENDAR
Approved.
Removed from the Consent Calendar for
discussion by Councilman Penna.
Removed from the Consent Calendar for
discussion by Councilman Drago.
Deleted from the Agenda under Agenda
Review by the City Manager.
Deleted from the Agenda under Agenda
Review by the City Manager.
Approved.
12/13/89
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolution awarding contract for
the Railroad Avenue Sanitary Sewer
Replacement to James Chalmers, as
the lowest responsible bidder, in
the amount of $273,725.00.
®
A RESOLUTION OF AWARD OF CONTRACT
FOR THE RAILROAD AVENUE SANITARY
SEWER REPLACEMENT
Resolution authorizing the adver-
tisement and solicitation of bids
for the San Mateo Avenue Pump
Station' Force Main.
®
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING FOR BIDS FOR
THE SAN MATEO AVENUE PUMP STATION
FORCE MAIN
Resolution requesting participation
in the Program for Rehabilitation
of Streets Utilized by Transit
Vehicles - Phase III.
10.
A RESOLUTION REQUESTING PARTICI-
PATION IN THE PROGRAM FOR REHABIL-
ITATION OF STREETS UTILIZED BY
TRANSIT VEHICLES - PHASE III
Resolution authorizing Budget
Amendment No. 89-8 for the 1989-90
Operating Budget for the purchase
of meter housings for Maple Avenue
and the 400 block of Grand Avenue
for a cost of $12,000.00.
A RESOLUTION APPROVING BUDGET
AMENDMENT 89-8 TO THE 1989-1990
OPERATING BUDGET
11.
Resolution approving appropriation
of funds from the Capital Improve-
ment Budget for repairs to the
Orange Memorial Park Swimming
Pool in the amount of $43,000.00;
Resolution of award of contract.
A RESOLUTION APPROVING AN
CONSENT CALENDAR
RESOLUTION NO. 155-89
RESOLUTION NO. 156-89
RESOLUTION NO. 157-89
RESOLUTION NO. 158-89
Removed from the Consent Calendar for
discussion by Mayor Halley.
12/13/89
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
11. Resolution - Continued.
APPROPRIATION TO THE CAPITAL
IMPROVEMENT FUND FOR REPAIRS TO THE
ORANGE PARK POOL
A RESOLUTION OF AWARD OF CONTRACT
FOR REPAIR OF THE ORANGE MEMORIAL
PARK SWIMMING POOL
12.
Resolution authorizing the City
Manager to execute a lease and
management agreement between VIP
Marine, Inc. and the San Mateo
County Harbor District for the use
of City-owned property at Oyster
Point Marina.
A RESOLUTION APPROVING EXECUTION OF
A LEASE AND MANAGEMENT AGREEMENT AT
THE OYSTER POINT MARINA FOR VIP
MARINE BOAT & STORAGE
Resolution authorizing the sale of
excess right-of-way to Homart
Development Company and Marriott
Corporation.
A RESOLUTION AUTHORIZING SALE
OF EXCESS RIGHT OF WAY TO HOMART
DEVELOPMENT COMPANY AND MARRIOTT
CORPORATION
14. Resolution amending the City
Manager employment Agreement.
A RESOLUTION AMENDING THE CITY
MANAGER EMPLOYMENT AGREEMENT
15. Motion to cancel the regular
Council meeting of 12/27/89.
--'ADMINISTRATIVE BUSINESS
CONSENT CALENDAR
RESOLUTION NO. 159-89
Removed from the Consent Calendar for
discussion by Councilman Penna.
Removed recommendation No. 2, and adopted
Resolution.
RESOLUTION NO. 160-89
So ordered.
M/S Teglia/Drago - To approve the Consent
Calendar with the exception of Items No.
2, 3, 4, 5, 11 and 13.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
12/13/89
Page 4
®
Approval of the Regular Bills of
11/22/89, and the Regular Bills of
12/13/89.
Councilman Penna stated that there
should be a better way of accounting
for bills that would identify the
department and the purpose of the
expenditure. He stated that he
wanted to see an accounting of
expenditures on a monthly basis by
department, and looked forward to
meeting with staff to offer
suggestions.
Mayor Halley suggested referring this
to staff in that it was a cumbersome
item already, however, Councilman
Penna could call staff when he
receives the packet to clarify items
of concern.
City Manager Armas stated that the
Council takes great pain in reviewing
projections of revenues and expen-
ditures from the City Manager, and
looks at expenditures every two
weeks. He stated that the budget was
a guiding instrument, however, he
could take suggestions for a more
comprehensive document and get back
to Council.
Councilman Nicolopulos stated that
what Councilman Penna was referring
to might revert back to a line by
line item budget, which had existed
in the pa st.
Councilman Penna stated that it had
nothing to do with trust, but as a
Councilman he wanted a finger on the
heart of the financial picture ol~
this community to make an analysis
which the additional information
would facilitate.
City Manager Armas stated that coun-
cil subcommittees would be reorga-
nized, and something could be
presented to the budget council sub-
committee along the lines
suggested.
Mayor Haffey stated that he hoped
12/13/89
Page 5
®
11.
Approval of the Regular Bills -
Continued.
Motion to waive fees of $105.00- ~°N~
for use of the Municipal Services
Building Social Hall for the
Community Scholarship Association's
annual "Honor Graduate Night."
Resolution approving appropriation
of funds from the Capital Improve-
ment Budget for repairs to the
Orange Memorial Park Swimming
Pool in the amount of $43,000.00;
Resolution of award of contract.
A RESOLUTION APPROVING AN
APPROPRIATION TO THE CAPITAL
IMPROVEMENT FUND FOR REPAIRS TO THE
ORANGE PARK POOL
A RESOLUTION OF AWARD OF CONTRACT
FOR REPAIR OF THE ORANGE MEMORIAL
PARK SWIMMING POOL
this wasn't a move toward micro
management.
M/S Penna/Teglia - To approve the
Regular Bills of 11/22/89, and the
Regular Bills of 12/13/89 in the
total amount of $2,751,822.93.
Carried by unanimous voice vote.
Judge DeLarios stated that this
Association distributed something in
excess of $10,000 per year to graduating
seniors from S.S.F. high schools. He
spoke of the efforts to curb costs over
the years, such as not holding a dinner
for all of the seniors but having a
reception for students with a B or better
average. He stated that Council was
being requested to waive the fees in
order that more money could go to the
seniors.
M/S Drago/Teglia - To waive fees of
$105.00 for the Community Scholarship
Association's annual "Honor Graduate
Night."
Carried by unanimous voice vote.
Director of Recreation & Community
Services Jewell stated that approval of
the resolution would allow $43,000 of
capital improvement funds to be used for
the repair of Orange Memorial Park
Swimming Pool. He stated that the dama-
ges resulting from the earthquake were to
two large filtration tanks and the
plumbing. He stated that the pool had
been opened in 1970, and much of the
equipment and materials were showing wear
and needed to be replaced.
He stated that it had been difficult to
find experienced people to do the work
because of the demands on their time
after the earthquake, however, three com-
panies had been secured to assess the
damage. He stated that adoption of the
second resolution would award a contract.
He stated that FEMA did provide some sub-
12/13/89
Page 6
Resolutions - Continued.
13. Resolution authorizing the sale of
sidy for repair of earthquake damage,
however, that amount was only $5,800.00
He described in detail the plans to not.
only repair the pool, but to update the
filtration system.
Mayor Halley expressed concern that the
Council had been informed after the
earthquake that the maintenance time
would be moved forward, and the pool
would be reopened in December. He stated
that the Council was not informed that
the schedule to reopen the pool could not
be met because of needed repairs, and he
had been informed by residents of their
disappointment. He stated that now the
staff report stated that the pool would
be reopened in January, and questioned if
that was a firm date, so that the public
would not be further inconvenienced.
Director of Recreation & Community
Services Jewell stated that January was
the time frame given him by the
contractors.
Mayor Halley stated that the balance of
the funds after the $43,000, the $3,000
donation and the FEMA $5,800 would be
taken from the catastrophic fund, and the
City could assure citizens that the
repairs would be done and not delayed.
Mrs. Mildred Angeles stated that she and
other handicapped people used the pool
for physical therapy, and greatly appre-
ciated the repairs being made in the the
very near future to maintain this life
line of mobility for the handicapped.
M/S Teglia/Nicolopulos - To adopt the
Resolutions.
RESOLUTION NO. 161-89
RESOLUTION NO. 162-89
Carried by unanimous voice vote.
Councilman Penna expressed concern that
12/13/89
Page 7
AGENDA ACTION TAKEN
Resolution - Continued.
excess right-of-way to Homart
Development Company and Marriott
Corporation.
A RESOLUTION AUTHORIZING SALE
OF EXCESS RIGHT OF WAY TO HOMART
DEVELOPMENT COMPANY AND MARRIOTT
CORPORATION
this proposed sale was part of the rede-
velopment area and was not a situation
wherein a competitive bid was made after
being disclosed to the public. He stated
that in order to get the highest and best
price for the City, all property should
go to the competitive bid process - which
was what he wanted to see done in this
ca se o
Mayor Haffey stated that this was a
unique property that was 1,300' long and
anywhere from 1' to 15' wide.
City Manager Armas stated that this pro-
perty was a very narrow triangle that on
its own could not be used in a different
capacity, and since there were no other
property owners that could be able to
avail themselves - it was unlikely that
the City would receive competitive bids.
He explained that what had motivated the
sale was that the property immediately
next to it was proposed as the site of a
Marriott Courtyard, and terms of approval
were that the property be landscaped,
and obtain that small piece of property.
He felt that $25,000 was an equitable
sale for the City to the adjacent
landowner.
He stated that to lease the property
would not be of long term benefit, and it
had drawbacks for the City.
Councilman Penna stated that he had two
concerns: that Homart would sell the
property to Marriott - which amounted to
two potential bidders; and the price of
$1.90 a square foot. He stated that if
he was going to be involved with the
public's money he wanted to make sure the
Council was doing the proper thing, and
he could not see a problem in putting it
on a competitive bid.
Councilman Drago stated that he agreed
with Councilman Penna - that the prudent
approach was to use the competitive pro-
cess in the sale of land.
12/13/89
Page 8
A G E N D A A C T I O N T A K E N !, ~
13. Resolution - Continued.
ADMINISTRATIVE BUSINESS
16.
Request to consider funding special
instruction for the South San
Francisco Ballet Folklorico in the
amount of $400.00.
17.
Resolution approving the establish~oq
ment of the South San Francisco
Conference Center Board.
A RESOLUTION ESTABLISHING THE
SOUTH SAN FRANCISCO CONFERENCE
CENTER BOARD
City Attorney Armento explained the two
ways that the City comes into these excess
types of properties: 1) large pieces of
property such as the Chestnut and Grand
property that did go to competitive bid-
ding; 2) excess property from a relocated
roadway or the abandonment of an ease-
ment. She stated that in this particular
situation this piece of property arose
because of the relocation of the roadway
which came under the disposition provi-
sions of the Streets & Highways Code, as
opposed to the Government Code, etc.
Mr. Richard Watkins, Homart Dev. Co.,
stated that this was viewed as a house-
keeping item for the City, in that the
map for Marriott's parcel was approved
with the condition that an easement be
obtained, etc.
Discussion followed on how the price per
acre had been established; that the sale
would put the property back on the tax
rolls, and remove any liability to the
City for the parcel.
M/S Teglia/Drago - To adopt the
Resolution.
RESOLUTION NO. 163-89
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
This item was heard after Item No. 17.
City Manager Armas stated that Council
had certified the 11/7/89 election
resul.ts at the last meeting with the
passage of Measure C. He stated that the
City had began collecting the hotel tax
effective 12/2/89 that will be utilized
to fund, operate, and maintain a con-
ference center on So. Airport Blvd.
He stated that this was the first of many
12/13/89
Page 9
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
17. Resolution - Continued.
16.
Request to consider funding special
instruction for the South San ~
Francisco Ballet Folklorico in the
amount of $400.00.
ADMINISTRATIVE BUSINESS
actions to be taken over the next few
months, and would establish a conference
center board to advise the City Council
relative to the operation of the faci-
lity. He proceeded to describe the com-
position of the Board: 2 Councilmembers;
2 hotel people; 1 restaurant person; 1
airline person; and 1 resident employed
in the industry. He stated that if the
Council approved the resolution, then
staff would advertise for applicants with
a deadline of 1/3/90 for the return of
applications; and interviews would be set
for the first meeting in January.
Mayor Haffey stated that this was a man-
date of the people which Council wanted
to get going within a year, and he appre-
ciated staff moving on this item.
Vice Mayor Drago questioned why the
resident had to be in the
visitor/hospitality industry, rather than
a resident and taxpayer.
Councilwoman Teglia stated that it was
important to have hands-on-experience for
the boardmember. She stated that the
Council will review and approve the
annual budget of the Board, and any other
actions that are necessary.
M/S Teglia/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 164-89
Carried by unanimous voice vote.
Ms. Connie Guajardo stated that as a
Director of the S.S.F. Ballet Folklorico,
she was requesting $400 for an outside
class with Mr. Carlos Morenos in Hayward
to teach the students better dance steps.
Discussion followed: concern over paying
someone outside the City; that this was
for cultural purposes; that money had
been given to a soccer group to go to
12/13/89
Page 10
AGENDA ACTION TAKEN
---ADMINISTRATIVE BUSINESS
16. Request - Continued.
18.
Motion to grant a one-year time ~m~""~
extension to 12/31/90 for .$~'
Shearwater Tentative Subdivision
Map SA-87-91.
19.
Motion not to approve the request
from the Westborough Advisory ~
Committee for $150,000 of park
in-lieu fees to benefit their
fundraising efforts to acquire suf-
ficient grants to construct a
Westborough community swimming
pool.
(Cassette No. 2)
ADMINISTRATIVE BUSINESS
Italy; that the expertise could not be
found in the City; that normally the
Council made City facilities available
for fund raising.
M/S Teglia/Penna - To approve funding in
the amount of $400.00 from the Council
budget.
Carried by unanimous voice vote.
Director of Planning Smith stated that
this was a companion item to the
Redevelopment Agency agenda, and would
allow the fifth extension, the last
allowed under the Subdivision Map Act, to
submit the final map.
M/S Teglia/Drago - To approve a one-year
time extension for the Shearwater
Tentative Subdivision Map SA-87-91.
Carried by unanimous voice vote.
Director of Recreation & Community
Services Jewell stated that the staff
recommendation on this item was to not
approve the request for the $150,000 of
park in-lieu fees. He stated that the
Park & Recreation Commission supported
the Advisory Committee, and recommended
that $150,000 be earmarked for a three
year period to try to acquire additional
grants during that period.
He stated that Council had adopted a
resolution in 1986 for the concept of a
swimming pool, but had not earmarked
funds. He stated that $12,000 had been
raised by the Committee since that time,
and related that the current construc-
tion estimate for the pool was $2.5 - 3
million dollars.
Mrs. Ann Waters, Chairman of the Advisory
Committee, gave background information on
the Committee and its fundraising efforts
to construct a pool in Westborough. She
questioned if the forthcoming master plan
12/13/89
Page 11
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
19. Motion - Continued.
ADMINISTRATIVE BUSINESS
would also address the need for a
swimming pool in Westborough.
Director of Recreation & Community
Services Jewel l stated that the master
plan would be completed in 1990, and it
would have a comprehensive evaluation of
all City facilities and future needs -
which would include a pool in
Westborough.
Mrs. Waters stated that there was a need
for a swimming pool in Westborough for
health and community needs. She
questioned a need for a further study on
the existing need.
She further expounded on the pool needs
of the community, and urged the Council
to earmark the park in-lieu funds of
$150,000.00 which would further aid the
Committee in solicitation of grant
monies.
Ms. Patty Shelly, 2435 Tipperary, stated
that the Westborough community had felt
that it was not a part of S.S.F. in the
past, and a pool would remove that
separation by having pool users from
elsewhere in the City - which would
relieve the congestion at Orange pool.
Mayor Haffey stated that the Council was
meeting with the Planning Commission
tomorrow evening to discuss planning con-
cerns of the Westborough area, and
encouraged concerned citizens to attend
the meeting.
Mr. Harry Baptista stated that there were
four pools in the City, and it was
strange that all were located east of E1
Camino. He stated that Westborough had
some 16,000 residents'in addition to Buri
Buri, and Avalon, which amounted to half
of the population of the City. He
urged the Council to support the
Committee's request.
Councilman Penna questioned if Mrs.
12/13/89
Page 12
A G E N D A A C T I 0 N T A K E N
ADMINISTRATIVE BUSINESS
19. Motion - Continued.
ADMINISTRATIVE BUSINESS
Waters was asking for other monies from
Westborough projects be set aside, such
as the Callan property being developed on
Appian Way, as well as the park in-lieu
fees requested.
Mrs. Waters stated that she was asking
that that money also go, or either ask
Mr. Callan to build a swimming pool as
the developer of Terrabay had agreed to
do for the City.
Councilman Penna stated that he would be
able to support the $150,000, but cited
the following concerns: having funds in
a reserve account for three years without
being able to use the funds; would be in
favor of waiting three years if there was
a commitment from the Committee, and they
go forward in their attempts to get
grants in a timely fashion; could
support it if the Committee comes back
to Council each year with a commitment of
$1,000,000.00; and wanted a cap on the
reserve fund.
Mrs. Waters read from a 7/24/86 staff
report that established the Committee as
the official fund raising body, and said
that the City would serve as the fiscal
agent for the funds that would be
placed in a separate fund, etc.
Mayor Halley questioned Park & Recreation
Commissioner Jones on what the
Commission's thinking was as to what
would happen al~ter the three year
period to the $150,000.00; and Mrs.
Waters reference to funds from another
developer in the area.
Park & Recreation Commissioner Jones
stated that it would revert back to the
Commission to do what they saw fit to do
in that area. He stated that he had not
heard anything about funds from another
developer. He further stated that
Council approval would assist the
Committee in their grant raising activi-
ties.
12/13/89
Page 13
ADMINISTRATIVE BUSINESS
19. Motion - Continued.
ADMINISTRATIVE BUSINESS
Councilman Nicolopulos stated that this
had been a sensitive issue for three
years, and he had gone on record at the
time to be sure that everyone understood
what the Resolution No. 21-86 did; and
proceeded to read the resolution aloud.
He stated that the City had made a com-
mitment to supply the land and main-
tenance, and no money.
Mrs. Waters stated that she did
understand the agreement - that the City
did not have funds to finance construc-
tion of the pool, but the City could help
the Committee in their efforts to satisfy
the community's need.
Mayor Haffey stated that he was suppor-
tive, however, he was concerned with
tying up $150,000 for three years when
there were repairs needed for athletic
fields, and other programs.
Councilmember Teglia cited some concerns:
that the Westborough pool had never been
put on a prioritized list for the com-
munity; she remembered that the Council
had agreed to not put City money into
construction of this pool; discussion of
dividing the City into quadrants; that
the City was too small to be fragmenting
a community; that Orange Park serves the
entire community; and thought that funds
could be used from all quadrants if it
benefited the entire community.
City Manager Armas stated that the
legislation mentioned did provide that a
City look at creating zones so that the
revenue generated within that area could
be used for that purpose. He continued,
however, it did provide an exception, "If
a community - if a City demonstrated and
made determinations that it had
community-wide benefits, then you could
use those resources, all the quadrants,
because the community at large, rather
than a specific pocket would realize the
benefit ."
12/13/89
Page 14
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
19. Motion - Continued.
ADMINISTRATIVE BUSINESS
Vice Mayor Drago stated that he was not
concerned about tying up the money, and
that his understanding was that the funds
when collected, had to be used in a
specific area for parks and recreation -
which this use fell under. He questioned
if money had ever been taken for a com-
munity project before.
City Manager Armas stated that the law
has always made that available as an
option.
Vice Mayor Drago stated that he wanted
to see information on exceptions made in
other communities.
M/S Drago/Penna - To overrule the staff
recommendation and support the Park &
Recreation Commission decision to earmark
the fees for a three year period.
Mayor Haffey clarified the Motion and
Second: that it included the condition -
that only if the City actually receives
this amount in developer fees, because
Council did not want to make a commitment
of General Fund monies.
Councilmember Teglia stated that rather
than make a Motion - that Council
instruct staff to bring back a resolution
at the next meeting that does what the
Council wants and puts in some
safeguards.
Mayor Haffey stated that based on the
Motion and Second, he was sure that staff
would prepare a resolution for the next
meeting with all of the particulars
discussed tonight.
Councilman Penna stated that there was a
particular development along Appian Way
that could generate $165,000 in funds.
Mr. Joseph Mount, 31 Las Flores, stated
that there had not been discussion on
maintenance costs for a pool, and he
12/13/89
Page 15
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
19. Motion - Continued.
20.
Motion to receive the list of
unreinforced masonry buildings and
authorize its submittal to the
Seismic Safety Commission.
(Cassette No. 3)
ADMINISTRATIVE BUSINESS
felt that the funds could be better
spent on such things as baseball fields
because the money could be used anywhere
in the City. He felt that of the 800
households that used Orange pool at this
time only 20% of those people were from
Westborough, and he did not feel that
another pool was needed at this time.
Vice Mayor Drago stated that it had not
been determined that the funds could be
used anywhere in the City.
Councilman Penna stated that this deci-
sion should be made by the Council for
the good of the community, and this could
be used as a means to bring the community
together. He stated that the City had a
group of people dedicated to the com-
munity, and the Council should support
their need. He stated that he wanted to
see the Committee back here in a year
with $1,000,000, and each year there
after.
Carried by majority roll call vote,
Councilmembers Teglia and Nicolopulos
voted no.
Director of Economic & Community
Development Costello stated that State
Law required that cities prepare a list
of unreinforced masonry buildings, submit
it to their councils and the State
Seismic Safety Commission; and develop a
mitigation program. She proceeded to
relate the staff report that cited
buildings in the City that constituted
the list to be submitted to the State
(a copy is on file in the Clerk's
Office).
She stated that after the first of the
year staff would set up a Council study
session to look at and set mitigation
measures, and draft an ordinance.
M/S Teglia/Drago - To receive the list.
Mayor Halley questioned if the property
owners would be allowed to offer input.
12/13/89
Page 16
AGENDA ACTION TAKEN
--- ADMINISTRATIVE BUSINESS
20. Motion - Continued.
ADMINISTRATIVE BUSINESS
Councilman Penna stated that one of the
properties on the list was one wherein he
manages the property, and questioned if
he had a conflict of interest.
City Attorney Armento stated that this
particular item was dealing simply with
the receipt of the list and the transmit-
tal of the list to the Seismic Safety
Commission, so while it might be con-
sidered a close question there doesn't
appear to be anything that would result
in a material impact. She continued,
that situation may change when the
question of mitigation measures was
add re s sed.
Discussion followed: that this submittal
put all parties on notice, with the
exception of tenants; that the legisla-
tion contained a provision to protect the
legislative body from liability; concern
over the mixed uses of some of the
buildings; informing all parties,
including tenants of the list; concern
over homes built prior to 1940 that also
have unreinforced masonry that were not a
part of the list; concern that the
spectrum of options for owners had not
been defined; that the City would notify
the owners that their building was unsafe
due to the unreinforced masonry struc-
ture; that other cities were developing
specific ordinances that require owners
to take corrective steps; that the City
Attorney thought that the legislation was
in the Health and Safety or Government
Codes; that State monies were not
available to help cities carry out
this law; that if these buildings had
vacancies in the future, Councilmember
Teglia wanted prospective tenants
notified of the building construction;
that a property owner could get his pro-
perty taken off this list if it was
designated historic, etc.
Mrs. Helen Price, 350 Myrtle St., Redwood
City, stated that she had a prepared
speech she would not read because of a
12/13/89
Page 17
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
20. Motion - Continued.
ADMINISTRATIVE BUSINESS
meeting she was to have with the City
Manager. She felt that this was a
discretionary measure that pointed out
merchants as Councilman Penna had noted,
and she could not afford the expenditure
to reinforce the one wall in her
building. She stated that she was old
and if she made a loan for the
construction she could not pay it
back. She pointed out the fact that the
building had withstood many earthquakes.
Vice Mayor Drago stated a concern on
whether there was any question if this
was an unreinforced building, and whether
it was a valid list of true unreinforced
masonry buildings.
Director of Economic & Community
Development Costello stated that the City
did not have records.
Chief Building Inspector Baca stated that
the Seismic Safety Commission had
published a guidebook when they adopted
the law to help locate the buildings. He
stated that buildings built prior to
adoption of the Code or a Building
Department being established, then it was
a good assumption that the building was
built prior to adoption of any reinfor-
cement standard; and they were to be
looked at as potentially hazardous.
Vice Mayor Drago stated that there were
no visual inspections wherein concrete
was taken out of the structure.
Chief Building Inspector Baca stated that
destructive tests were not taken or made,
nor any other type of analysis.
Discussion followed: that if the City
and the property owner did not have
construction records, then seismic
testing could be done as a proof factor
that the building was safe; that the soil
condition had a lot to do with stability
of the building; that there was solid
subterranean rock in old town; that this
12/13/89
Page 18
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
20. Motion - Continued.
21.
Resolution approving amended budget
recommendations of the Citizens lo
Review Committee for the 1989-90
Downtown Commercial Rehabilitation
Program.
A RESOLUTION APPROVING AMENDED
RECOMMENDATIONS OF THE CITIZENS
REVIEW COMMITTEE FOR THE 1989-90
DOWNTOWN COMMERCIAL REHABILITATION
PROGRAM
PUBLIC HEARINGS
22. Public Hearing - Conduct Public
Hearing and adopt resolutions and
ordinances pertaining to:
a) UNIFORM ADMINISTRATIVE CODE,
1988 EDITION
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR CHANGES OR
MODIFICATIONS TO THE UNIFORM
ADMINISTRATIVE BUSINESS
should all be addressed in the study
session; Councilmember Teglia wanted
someone to address on structures and
proximity to faults, and soil conditions
at the study session;, etc.
Mr. Edward Rodondi, 225 Wildwood Dr.,
suggested that the contents of the staff
letter to tenants should not create a
situation to negate resources between
tenant and owner on what will be done in
the future.
Mr. Allan Asper stated that he spoke for
the owner of 701 Linden, and felt that
the tenants should be notified. He
stated that he agreed that all structures
in the City should be looked at for
unreinforced masonry.
Carried by unanimous roll call vote.
Councilman Nicolopulos thought that at
one time there were plans to purchase the
Kehoe property, and questioned why it was
on the list for $15,000.
City Manager Armas stated that at a study
session it had been decided to hold the
$15,000 in abeyance for the property.
M/S Teglia/Drago - To adopt the
Resolution.
RESOLUTION NO. 165-89
Carried by unanimous voice vote.
PUBLIC HEARINGS
Mayor Halley opened the Public Hearing.
Director of Economic & Community
Development Costello gave an overview of
the seven resolutions and ordinances to be
adopted for the various State Codes.
Mr. Michael Callan, 82 Isabella,
Atherton, expressed concern over Section
15-08179 - work during the rainy season
12/13/89
Page 19
AGENDA ACTION TAKEN
PUBLIC HEARINGS
22. Public Hearing - Continued.
ADMINISTRATIVE CODE, 1988
EDITION AND AMENDING THE MASTER
FEE SCHEDULE TO INCLUDE THE
RATES (Cassette No. 4)
b)
AN ORDINANCE ADDING A NEW
CHAPTER, CHAPTER 15.06 ENTITLED
"UNIFORM ADMINISTRATIVE CODE"
TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE, AND ADOPTING
THE UNIFORM ADMINISTRATIVE
CODE, 1988 EDITION
UNIFORM BUILDING CODE AND
UNIFORM BUILDING CODE
STANDARDS, 1988 EDITIONS
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR CHANGES OR
MODIFICATIONS TO THE UNIFORM
BUILDING CODE AND UNIFORM
BUILDING CODE STANDARDS, 1988
EDITIONS
c)
AN ORDINANCE AMENDING CHAPTER
15.08 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE, TO
ADOPT THE UNIFORM BUILDING CODE
AND UNIFORM BUILDING CODE
STANDARDS, 1988 EDITION, AND TO
REPEAL THE UNIFORM BUILDING
CODE AND UNIFORM BUILDING CODE
STANDARDS, 1985 EDITIONS
UNIFORM HOUSING CODE, 1988 ja~9
EDITION ~1~
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR ADMINIS-
TRATIVE CHANGES OR MODIFICATIONS
TO THE UNIFORM HOUSING CODE,
1988 EDITION
AN ORDINANCE AMENDING CHAPTER
15.10 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE, TO
ADOPT THE UNIFORM HOUSING CODE,
1988 EDITION, AND TO REPEAL THE
PUBLIC HEARINGS
having a restriction from Nov. i to May
1, and with October being a foggy month
it amounted to six months in which one
could not grade.
He stated that he was getting a loan of
$23,000,000 to put on 135 units and if he
shut down for five months it would cost
an approximate interest at 12% of
$2,760,000 or $8,518.52 per unit. He
explained that the grading needed to be
done would amount to 2,500 yards per
building.
He stated that he was looking for some
regulation or interpretation of each dif-
ferent project, and planned to begin
grading in January or February in that
the storm sewers were there already.
City Attorney Armento stated that this
Section did not say you cannot grade bet-
ween 11/1 and 5/1. She stated there was
not a change from what it presently said,
but it said that during the period of
11/1 and 5/1, if you want to grade more
than 200 cubic yards the City Engineer
has to determine that there will not be
any adverse impacts on public health,
safety or welfare. If the City Engineer
makes that determination, then he will
issue the permit and the person can go
ahead and grade.
Mr. Callan stated that he did not have a
problem wi th that.
Councilwoman Teglia questioned a letter
given to the Council this evening from
Heller, Ehrman, White & McAuliffe
regarding Terrabay (a copy of the letter
dated 12/13/89 is attached and a per-
manent part of the record of this
meeting).
City Attorney Armento explained the
Attorney's contention on the work hours
for grading operations, and the allowable
discretion of the City Engineer in cur-
tailing grading operations during winter.
12/13/89
Page 20
December
WI~T¢II~, C.I£C1' OIAL NLIMI&R
(415) 772-6838
10660-0013
VIA TELECOPY
Valerie Armento
City Attorney
City of South San Francisco
400 Grand Avenue
South San Francisco, California 94080
Re: .Terrabay - Proposed Changes to South San Francisco Ordinances
Dear Ms. Armento:
Thank you for taking the time to speak with me 'last
Friday. As you know from our conversation', Jesus Armas'has -
notified W. W. Dean & AsSociates of the City's proposed ordina~ce
change affecting 1) the allowable work hours for grading operations
and 2) the allowable discretion of the city engineer in curtailing
grading operations during the winter months. I understand that the
City Council will be considering the amendments at its meeting
tonight. AS a follow-up to our telephone conversation, I'would
like. to state for'the .record our view that the proposed changes
should not apply to Terrabay. . · · ..
we would above all like to continue the cooperative
spirit which has characterized for many yea~s now the ce!atio~
between the developers and the City. we want to'work hand in hand
with you to find a mutually agreeable $o!Otion for an%' p~:,b!em~.
we believe that the existing Development Agreement sh~u!d p~Clude
application of the proposed ordinance to the Terrab~v p~oJe,:t. F,.,~
under the Development Agreement, in consideration of ~he
developer's agreement to provide certain facilities and
~mprovements, the City fixed the rules and rebuilt!ohS that were
and are to govern the project.
The Agreement, as ~,ou noted, contains en e~:ception to the
basic principle of the Development Agreement that the law
applicable to the project is frozen as of the ~ate of the
Development Agreement. The exception provides that the developer
12/13/89
Page 20a
Valerie Armento
December 13, 1989
Page
must comply with the Building Code standards in effect at the time
a building permit is issued. The purpose behind the ex6eption is
.clear: if structural or seismic standards are upgraded, new
buildings should conform to the higher standards in the interest of
public safety.
You urged that because of the intent behind the Building
Code exception, new ordinances which affect grading should also
apply to Terrabay. I would concur in your argument if the
amendments at issue fall within the realm of Bui_~!~ing Code --
concerns, i.e,, public health and safety. ~--
But the current amendments do not address health and.
sa.fety concerns. Their motivation, in fact, ls quite unclear to
· us, and .characterizing them as "general Welfare" items is evasive
and confusing rather than instructive. At a practical level,
moreover, if the amendments are adopted, they could have a severe
adverse financial effect on Terrabay. The developer did not
compute the increased cost which restricted grading will entail
"when-it entered the Development Agreement. The developer relied on
__ the grading rules which were then in effect, which it understood
would be the governing rules throughout the first year of the'
pro~ect during which the grading work would be performed. .If
applied to Terrabay the amendments could be used to deprive
Terrabay of up to one and a half hours of grading time every day.
The amendments could also lead to a prohibition of winter grading
for reasons unrelated to health and safety. Changes of this sort
will unquestionably increase 'construction costs at Terrabay and
will necessarily affect eventual prices, we think the proposed
amendments are not allowable under the.Agreement as to Terrabay and
should not be applied to Terrabay. .. ,
You stated that the City must be. able to u~grade.'and
implement new safety ordinances, we agree. The Development
Agreement provides for that. Using your example, if a difficult
winter were to make grading more dangerous, than u3ua!, the Clt~
must be free to administer the issued grading permits stringently
even though no building permit has been issued, we ~gree. A~
ordinance amendment which was designed e::pressly an~ carefully to
protect health and safety benefit~ us ~11. we respect ~'c.ur concert,
to preserve the City's freedom in such cases and we cam certainly
interpret the,Development Agreement to acco~mpdate grading'
ordinance amendments that actually do directly concern pub!lc
health and safety.1
1
I would also note for the record that under the ordinance
which now governs Te~'rabay, winter grading mu7' be contmolle,~
for health and safety reasons.
12/13/89
Page 20b
valerie Armento
December 13, 1989
Page ~3
Much of the controversy regarding du~t and noise control
resulted from the grading of the Hillside Boulevard Extensioa. L~The
Boulevard right-of-way, as you know, abuts existing houses. The.
'Boulevard is being built under.the agreement between the City 'of
South San-Francisco and the County of San Mateo dated January '3,
1984. W.W. Dean & AssOCiates integrated Boulevard grading With
project grading, we think differentiating project grading and
Boulevard grading is important for two reasons: first, the dust and
noise issues arose primarily out of Boulevard grading; second,.the
Boulevard grading is largely completed. Therefore the sources of
concern are in fact exhausted. There is no need to burden project
grading with restrictions which are unnecessary and which may
translate into increased prices for Terrabay units. 'Existing
restrictions ia the Specific Plan, Development Agreement and
grading permit already give the City ample control over'project
grading. .
'we reiterate that the heavy grading of the Boulevard is
now substantially complete. Further work on the Boulevard, such as
paving and pouring of concrete, will be of a lighter nature and
will be performed directly by the County. Future pro~ect grading
will occur on the slope of San Bruno Mountain well away from
existing houses. Hillside Boulevard will itself act as a buffer:
it separates the project from residential areas by no less'than 200
feet at every point. .
Please call me prior to'the meeting with any comments or
questions. Please also let me know if I have in any way
misunderstood your position. ! would appreciate your circulating
this to the Council so that it becomes part of. the official record
of the meeting.
very truly,yours,
n~i~fe~~L M,tki'n .
John Ochsner
Jesus Armas
Elaine Costello
Ron Parini
CC:
]2/]3/89
Page 20c
AGENDA ACTION TAKEN
PUBLIC HEARINGS
22. Public Hearing - Continued.
UNIFORM HOUSING CODE, 1976
EDITION
d)
UNIFORM PLUMBING CODE, 1988 ~>1
EDITION ~
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR ADMINIS-
TRATIVE CHANGES OR MODIFI-
CATIONS TO THE UNIFORM PLUMBING
CODE, 1988 EDITION
AN ORDINANCE AMENDING CHAPTER
15.12 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO
ADOPT THE UNIFORM PLUMBING
CODE, 1988 EDITION, AND TO
REPEAL THE UNIFORM PLUMBING
CODE, 1985 EDITION
e)
UNIFORM MECHANICAL CODE, 1988 ~1
EDITION
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR ADMINIS-
TRATIVE CHANGES OR MODIFI-
CATIONS TO THE UNIFORM
MECHANICAL CODE, 1988 EDITION
AN ORDINANCE AMENDING CHAPTER
15.16 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO
ADOPT THE UNIFORM MECHANICAL
CODE, 1988 EDITION, AND TO
REPEAL THE UNIFORM MECHANICAL
CODE, 1976 EDITION
f)
NATIONAL ELECTRICAL CODE, 1987~1&
EDITION
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR CHANGES
OR MODIFICATIONS TO THE
NATIONAL ELECTRICAL CODE, 1987
EDITION
AN ORDINANCE AMENDING CHAPTER
PUBLIC HEARINGS
She stated that the Attorney did not feel
that this applied to the Terrabay Project
because of the Development Agreement.
Discussion followed: on the contention
of the Terrabay Attorney as opposed to
the City Attorney on the grading provi-
sions; that a developer had to submit a
winterization schedule for grading; noti-
fication process for public hearings;
concern that the Uniform Administrative
Code did not require a certificate of
occupancy for a dwelling; concern that
quarterly fire drills at day care homes
were not monitored by the Fire Dept.
Consensus of Council - That the Fire
Department should review the fire drills
once a year at day care homes.
Discussion continued: to require metal
containers with tight fitting covers in
places of public assembly to avoid a fire
such as the one at the State Theatre;
dealing with hazardous waste material by
the Fire Dept.; that Councilman
Nicolopulos wanted the item continued.
Mayor Haffey closed the Public Hearing.
M/S Teglia/Penna - To adopt the seven
Resolutions and seven Ordinances relative
to the Model Codes.
a) RESOLUTION NO. 166-89
a) ORDINANCE NO. 1067-89
b) RESOLUTION NO. 167-89
b) ORDINANCE NO. 1068-89
c) RESOLUTION NO. 168-89
c) ORDINANCE NO. 1069-89
d) RESOLUTION NO. 169-89
d) ORDINANCE NO. 1070-89
12/13/89
Page 21
PUBLIC HEARINGS
22. Public Hearing - Continued.
15.20 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO
ADOPT THE NATIONAL ELECTRICAL
CODE, 1987 EDITION, AND TO
REPEAL THE NATIONAL ELECTRICAL
CODE, 1984 EDITION
g)
UNIFORM FIRE CODE, 1988 EDITION
A RESOLUTION FINDING AND DETER-
MINING THE NEED FOR CHANGES OR
MODIFICATIONS TO THE UNIFORM
FIRE CODE, 1988 EDITION
AN ORDINANCE AMENDING CHAPTER
15.24 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE TO
ADOPT THE UNIFORM FIRE CODE,
1988 EDITION, AND TO REPEAL THE
UNIFORM FIRE CODE, 1985 EDITION
'-' 23.
Appeal of Planning Commission
approval of Use Permit UP-89-859 ~
by James Elmore to allow establish-
ment of a mixed use development
including residential and
office/retail uses at 175-195
Spruce Avenue; John Penna,
Applicant. Motion to deny the
appeal and uphold the decision of
the Planning Commission - Continued
Public Hearing from 9/13/89.
PUBLIC HEARINGS
e) RESOLUTION NO. 170-89
e) ORDINANCE NO. 1071-89
f) RESOLUTION NO. 171-89
f) ORDINANCE NO. 1072-89
g) RESOLUTION NO. 172-89
g) ORDINANCE NO. 1073-89
Carried by majority voice vote,
Councilman Nicolopulos voted no.
M/S Teglia/Penna - To approve the expan-
sion of use of the Appeals Board to hear
cases for all technical codes including
the Fire Code.
Carried by unanimous voice vote.
Councilman Penna stepped down from the
podium, and did not take part in the
Council proceedings on this item because
he was the Applicant in the appeal.
Director of Planning Smith recited the
background information on the appeal, and
stated that the fence was now a legally
nonconforming structure subject to
Municipal Code Section 20.97.040. She
stated that the Police and Planning staff
had reviewed the matter and concurred
that the fence does not pose a hazard or
danger to the public; and the City
Attorney had opined that in light of the
code provisions there was no basis for
the appeal. She stated that staff recom-
mended that the Council deny the appeal
and uphold the decision of the Planning
Commission.
Councilman Nicolopulos questioned if
he had a conflict in that the tenant
was his relative.
City Attorney Armento stated no, there
was not.
12/13/89
Page 22
AGENDA ACTION TAKEN
PUBLIC HEARINGS
23. Appeal - Continued.
ITEMS FROM COUNCIL
PUBLIC HEARINGS
Mr. James Elmore related the following:
that he was denied the right to appeal
the decision of Planning Commission; that
the appeal had come before the Council
three or four months ago - yet the pro-
perty was allowed to be used; if the
fence on Baden and Spruce was legal, then
he wanted to put his fence back; he pre-
sented pictures of three other properties
with illegal fences; questioned if the
City employed two separate standards; he
had been threatened by the City with the
removal of his use permit and business
license, and as a result had not sued the
City.
Councilman Nicolopulos suggested that
staff either corroborate or refute the
allegation represented by the pictures of
the three houses.
Director of Planning Smith stated that
she had measured the fence on Gardner,
but the other three fences appeared to be
3' high in the pictures.
Mayor Halley stated that the appeal of
UP-89-859 was the only thing relevant,
and staff could investigate the other
illegal fences as a separate issue.
Councilmember Teglia stated concern that
the new fence on Spruce was on top of the
retaining wall that was deteriorating
badly, and wanted staff to look at it and
make a determination.
M/S Teglia/Drago - To deny the appeal and
uphold the decision of the Planning
Commission.
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Councilwoman Teglia requested a report on
the Parking Place Commission activities
on the lot purchased on Cypresss.
12/13/89
Page 23
AGENDA ACTION TAKEN
GOOD AND WELFARE
CLOSED SESSION
24.
Closed session for the purpose of
discussion of personnel matters,
labor relations, property nego-
tiations and litigation.
ADJOURNMENT
25.
Request to adjourn the meeting to
Thursday, 12/14/89, at 7:30 p.m.,
in the Westborough Park Building,
2380 Galway Dr., S.S.F., for a
joint meeting with the Planning
Commission for discussion and
review of alternative scenarios for
the Westborough/Gellert Specific
Plan.
GOOD AND WELFARE
Mr. Elmore reiterated his concerns on the
City's two different sets of standards.
CLOSED SESSION
Council chose not to hold a Closed
Session.
ADJOURNMENT
M/S Teglia/Penna - To adjourn the meeting
to Thursday, 12/14/89, at 7:30 p.m., in
the Westborough Park Building, 2380
Galway Dr., S.S.F., for a joint meeting
with the Planning Commission for
discussion and review of alternative sce-
narios for the Westborough/Gellert
Specific Plan.
Carried by unanimOus voice vote.
Time of adjournment was 11:50 p.m.
RESPECTFULLY SUBMITTED ,
Barbara A. Battaya, City C~'rk
City of South San Francisco
APPROVED.~ ~ Fr~~
Richar H~ffey, Ma
City of South San
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.
12/13/89
Page 24