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HomeMy WebLinkAboutMinutes 1994-10-05 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna '--Roberta Cerri Teglia Robert Yee MINUTES City Council '] 4 7 So. San Francisco Conference Center 255 South Airport Boulevard October 5, 1994 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 5, 1994 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 5th day of October 1994, at 9:00 a.m. in the South San Francisco Conference Center, 255 South Airport Boulevard, South San Francisco, California. Purpose of the meeting: ...... Closed Session - pursuant to GC 54957, to interview candidates for City Manager. Dated: September 29, 1994 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Closed Session - pursuant to GC 54957, to interview candidates for City Manager. ouncilwoman Teglia Arrived: ACTION TAKEN 9:00 a.m. Mayor Fernekes presiding. Council Present: Drago, Yee and Fernekes. Council Absent: Penna and Teglia. Mayor Fernekes stated the City Clerk will not be required to tape record this meeting. Council adjourned to a Closed Session at 9:01 a.m. to discuss the item noticed. Councilwoman Teglia arrived at the meeting at 9:10 a.m. 10/5/94 Page 1 AGENDA ACTION TAKEN 148 ,..ouncilman Penna Arrived: RECALL TO ORDER: ADJOURNMENT: Councilman Penna arrived at the meeting at 9:55 a.m. Mayor Fernekes recalled the meeting to order at 5:30 p.m., all Council was present, no action was taken. M/S Drago/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 5:31 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, C~ ,_q.City of South San Francisco APPROVED. The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 10/5/94 Page 2 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council Westborough Community Building Westborough Blvd. & Galway Dr. October 5, 1994 ',', 49 SPECIAL TOWN HALL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 5, 1994 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 5th day of October 1994, at 7:00 p.m. in the Westborough Community Building, Westborough Boulevard and Galway Drive, South San Francisco, California. Purpose of the meeting: Discussion of matters of public interest. Dated: September 21, 1994 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) City Clerk City of South San Francisco ACTION TAKEN 7:10 p.m. Mayor Fernekes presiding. Council Present: Drago, Yee and Fernekes. Council Absent: Penna and Teglia. Mayor Fernekes announced that Councilwoman Teglia was attending an Airport Roundtable meeting this evening. Mayor Fernekes welcomed those in attendance and asked the Acting City Manager to introduce staff. Acting City Manager Martel introduced staff and the City Clerk. 10/5/94 Page 1 AGENDA ACTION TAKEN Discussion of matters of public interest. 10/5/94 Page 2 50 Mayor Fernekes stated that each speaker will have an opportunity to speak on an issue for 10 minutes, the respective staff member will respond and it will be opened up for Council discussion. Mr. Jerry Yee, Vice President of Westborough Way Home Owners Assoc., stated one of their neighbors asked the Police Dept. if we can control the traffic flow on Valley View, from Gellert into Appian Way, through the use of stop signs. He stated the vehicles roar down the street and are a threat to children and the residents. Police Chief Raffaelli stated he would contact the Engineering Dept. on the stop signs, because there are standards to be met. In regards to the speeders, he would assign radar vehicles in the area and get back to Mr. Yee on the stop signs. Mr. Charles Theiss, 2691 Donegal, stated he was a Director of the Westborough Home Owners Im- provement Assn. and would begin with the good things the area received from the City: the lawn and grass clipping pickups he wants to see continued to make the City more beautiful; the harmony amongst City Councilmembers when there were many incidents where the City was against Westborough and Westborough against the City; more harmony between the District and the areas of S.S.F. and this meeting is one means of fostering that and getting a chance to meet the various people; he thanked Park and Recreation Department for the timely information the homeowners have been re- ceiving on programs here at Westborough Com- munity Center, plus information received in the mail with information on programs, but it would be nice to have a swimming pool; he thanked Council and staff for being instrumental in getting this building' up here and he liked to see it used for this purpose. He related the bad things: although the Police De- partment has been doing a commendable job on response time to different incidents that have occurred, he wanted to speak on the more recurring problems of vandalism and burglary and definitely about the traffic with the closure of Foxridge School; the day care center is still at Foxridge and wanted to see better enforcement, with more police presence, continually as opposed to only at times when an incident is happening; he wanted to see better cooperation between the Unified School AGENDA A~TION TAKEN Discussion of matters of public interest. 10/5/94 Page 3 District and the City Council in regards to the use of school buildings; right now the Scout Troop the Westborough Home Owners sponsor has outgrown the school and is meeting in San Bruno at the Naval base; it would have been better if the area had more timely notification of the meeting, because our association was notified on the 27th of Sept., which allowed us less than a week to gather information; it would have behooved the City to get the infor- mation out in a much more timely manner, because our Association meets once a month and needs at least 30 days to notify the residents. Police Chief Raffaelli stated there is a lot of graffiti that goes on, the kids are getting smarter and cagier in putting up their monikers and, as the officers are in the school and find the moniker, the officers take care of it. Now they are not putting monikers they are putting the initials of the gang and the police are not able to readily identify the kids. This afternoon the police arrested two individuals, but are not always that lucky. The kids hit with the graffiti and, in a couple of seconds, are out of there. The City has a graffiti ordinance and, after it is reported, within two days, we paint it out. He explained that there are different colors used that they paint out. He had a print out of burglaries from January 1 through October and there were 14 residential, five commercial and 62 auto burglaries in the night hours that were committed by kids out late at night - at one or two in the morning or four or five in the morning, after they sneak out of the house. The police do have success in catching the kids. This was a group out of S.F. who hit various locations and they had a special unit that caught them in the Westborough area. Their method was to steal a car from S.F., commit a burglary in Westborough and leave the area. They had two such burglaries in Westborough and we got them when they came for the third burglary. The closure of Foxridge, as far as traffic is con- cerned, will be addressed when they address radar in the area. Acting City Manager Martel stated, in response to the comment on timeliness of the advertising of the Town Hall meeting, we previously selected another AGENDA ACTION TAKEN Discussion of matters of public interest. 10/5/94 Page 4 date, but, at the very last meeting, that presented a conflict for a couple of Councilmembers. We re- scheduled the meeting, ran ads on Cable Station 3, sent out flyers to the Homeowner Associations and ran an ad in the newspaper to try to enhance the visibility of the meeting. She also faxed the meeting notice to homeowners groups who called and the City's Homeowners list had been updated to include those groups for future notices, however, some notices were returned, due to a lack of correct, cur- rent addresses. Mayor Fernekes stated he made two presentations at the last two meetings on the problems between the Council and the School District and he was trying to get a resolution to the problem. He asked for a joint meeting at the Municipal Services Building to air their concerns and he sent a letter to the President of the Board requesting we come together and settle the agreement, because it is for the community's benefit. He stated a response was received today, not by him, but by the Acting City Manager, saying there is not sufficient time to meet. However, Council would do its best to protect the community's interests and Council's. Ms. Alice Bulos, 2444 Liberty Court, stated she called City Hall to notify them that her area was not represented by a homeowners group and if notices were sent to individual homes, insure that the neigh- bors were alerted of the meeting to be held. Mr. Bob Stevens, 2435 Tipperary, stated he was Vice President of the Westborough Homeowners Improvement Assn. He stated some time ago, when Mr. Nicolopulos was on the Council, there had been a promise to do a study on how to unjam the traffic at Westborough and Gellert. He stated he was seventh in line to make a left turn on Olympic, was blocked by the cars stacked up and had the sun in his eyes - which is a difficult situation. He stated, at the time of the initial meeting, the Assn. made the suggestion that a traffic light be put in at Westborough and Olympic to stop the downhill traffic with a light at Gellert to make a left turn and allow people to get out from Olympic. Nothing has been done. He continued at great length on the traffic congestion, which could have been averted AGENDA ACTION TAKEN .___Discussion of matters of public interest. 10/5/94 Page 5 with the study and installation of a traffic light, that would not be as poorly timed to hamper traffic as the existing lights, which had been shortened in time. Councilman Drago stated Mr. Stevens was right about the study and he wished he had the numerous memos he had written to the City Manager about improvements to the area. Most of the responses say that the stop sign would not improve the situa- tion at that corner. So, all Council can do is act on the advice of the engineering staff. Vice Mayor Yee stated that this was an old problem and questioned if the Interim Director of Public Works could have a study done on Gellert/ Westborough and Olympic to perhaps solve the problems through improvements. He questioned if 45 days was sufficient for the study. Interim Director of Public Works Wykoff stated he thought so but, if it could not be done in 45 days, he would so advise the Council. Ms. Lydia Theiss spoke of traffic problems since the closure of Foxridge School, with speeders on all of the streets. She tried to back out of her driveway, after checking if it was safe, and was hit by a car and her car was dragged 90 degrees and the man was not tagged for speeding. She also questioned why the police were not ticket- ing people who drive their cars onto their grassy areas, as this was not common courtesy in a devel- opment. People do this all the time, as well as parking their boats, and, in the upper section of Westborough, there is a huge boat in the grassy area. Why can't the police ticket the people and get the boats out of Westborough. She stated there is a house at 2445 Tipperary that is rented, has vehicles that have been sitting there for years with flat tires, and questioned why the police don't get the cars out of there. Police Chief Raffaelli responded: in reference to her being hit by a car - the law does not allow us to issue a citation unless the officer witnesses the viola- tion and then the District Attorney will file in Court; if the man does not have a license the police can cite that individual; they had written letters to AGENDA ACTION TAKEN Discussion of matters of public interest. Councilman Penna Arrived: 10/5/94 Page 6 legislators to have the law changed; regarding the abandoned vehicle - there is an abatement ordinance, however, the vehicle must be less than $200.00 in value and it takes 30 days for the process that ends in towing the car; some people play games and move the vehicle from time to time, however, he would have the Tipperary addressed checked out. Councilman Penna arrived at the meeting at 7:35 p.m. Interim Director of Economic & Community Devel- opment Beyer related statistics on code enforcement activities. Mayor Fernekes stated that he and Code Enforce- ment Officer Harris went through a neighborhood where there were complaints and pointed out some code enforcement violations. Maybe it would be good for Ms. Harris to drive through Westborough neighborhoods. Mr. Jerry Simotas asked why the police did not work with the associations on their actions against various people, so they could assist getting these people to adhere to the rules. He stated he was a Scout leader, Scouts were in- volved throughout the community for the community and felt, if nothing else, there should have been phone calls to the associations to alert them to this changed meeting, so there could be more resident participation in this open forum. He stated that the people elected the Council, it was not by the amount of money spent on the campaign but by vote of the people to help the City. He also questioned why the police did not respond to calls on abandoned vehi-. cles in a prompt manner and felt that, for 23 years, there has been a lack of communication from the police to the residents. Police Chief Raffaelli stated they receive an average of 100 calls a day and it is difficult to get back and respond to complaints of abandoned vehicles. Mr. Al Waters stated he found out about this meet- ing through the senior center at Arroyo. He ad- dressed the following issues: there were code viola- tions all over Westborough; in the last ten years many speculators were setting up board and care homes in the Westborough area, yet he had signed a A~ENDA ACTION TAKEN Discussion of matters of public interest. 10/5/94 Page 7 155 covenant when he moved into Westborough that this would be a residential area; they informed the Board about the bed and care homes and were told State law overrides covenants, because it had been over ruled in the Courts; if he tried to sell his home today he would lose $20,000 because of the elderly care homes and half way houses that have ambulanc- es coming at all hours with their flashing lights; one home was changed inside and out, he called code enforcement, they came out and checked out the home two years ago. He never heard another word from City Hall; etc. He believed the Westborough Water District had outlived its usefulness, because the residents were paying tax to the City and paying the District to pump sewage uphill. He wanted to know the City's position tonight on the special district, because he had questioned it in 1987 and was told it was too late to change it. He was concerned that next door, at Monte Verde, the sewage is pumped downhill and they only pay $117.00 per year. He was further concerned that the WQCP serves Burlingame, Millbrae, San Bruno and part of Daly City and it was told to him that S.S.F. does not have the capacity for sewage for East of 101 develop- ment. He stated he wanted the Special Water Dis- trict dissolved and was tired of the run around and the City ignoring the problem. He attended a LAFCO meeting July 13th on this subject and LAFCO wrote a letter to the Board of Supervisors, with copies to the City. However, there was not one representative at that meeting from the City, which, in his mind, confirmed that the City was ignoring the problem and hoping it will go away. He stated in 1995 or 1997 the bonds will be com- pleted and it has been a heavy price. He has talked to people all over the State and it was ridiculous that one body was doing the sewage and another doing the water, and the Grand Jury also recommended disbanding the District. He stated that the residents are paying for an attorney and a manager when all of this could come under one body and save costs. He was concerned that the sewage was coming from the North County Sanitation in Daly City, yet the residents cannot vote for those people and they want to get rid of our area, etc. AGENDA ACTION TAKEN Discussion of matters of public interest. 10/5/94 Page 8 156 His other problem was with Park and Recreation: they finally got this building through the diligence of many Westborough homeowners; this took eight years, going back to when Mr. Callan donated the land; they fought for a senior center and a child care center; the existing basketball court was a disaster and someone could break a leg; if there were recre- ation monitors in the park, there would be less need for police to respond to incidences in the park; etc. City Attorney Mattas responded to the comment on board and care facilities: the facilities are for fewer than six people and State law preempts City ordi- nances and preexisting covenants; the City can endorse all of its regular building codes that apply to residential property; etc. Ms. Patty Shelly, Westborough Water District, related: in 1976 LAFCO recommended disbanding the Water District but the decision was made to keep it; they provide a service to the people in Westborough; when Westborough was created, Paci- fica didn't want us; Mr. Callan built homes and the only place they could go for sewage was Daly City; the District had a contract with Daly City that could not be broken, except by mutual consent; Daly City charges Westborough residents the same as Daly City residents; we have an advantage because the sewage rates are based on water use in January and February and, if a resident cuts back during those months, the rest of the year is cheaper; there have been many letters from Mr. Waters, however, the situation remains status quo, because the City does not have a public water works; sewer charges are found on the tax bill and do not go to the City of S.S.F. Mr. Philip Martin stated that he has lived in Westborough for over 30 years and is concerned about this water rate. San Bruno doesn't have to pay a sanitation fee and sewage is not pumped up hill. He felt Westborough was a part of the City and should be treated the same as the rest of S.S.F. He stated that he does use less water in January and February and it does not make a change in the rest of the year's bills. He stated that he was on vacation for two months, yet the sanitation bill remained the same. He stated that when he moved to Westborough he was given a long brochure from the Association of AGENDA ACTION TAKEN Discussion of matters of public interest. 10/5/94 Page 9 157 what he was supposed to do and not do in relation to painting and any improvements. Yet, we have a lot of rentals, whose owners do not belong to the Asso- ciation, paint the homes any color they please and he is paying for something he is not getting use of, while these people are parking on the driveways and in the grass. He did not know whether the Associa- tions were responsible but sometimes the police come by and occasionally ticket the cars. City Attorney Mattas stated the City does not en- force homeowners covenants and restrictions, they are enforced by the Associations through their attorneys. Ms. Peggy Moore complemented the City on re- placing the play area behind her home, it looks wonderful and people enjoy it. She stated that she lived on Greendale Drive and there is a hazardous tree on her absent neighbor's property, who she could not contact. The tree sheds pine needles, which she considered dangerous, and wondered if Parks and Recreation could do anything about this tree that ruins her roof and clogs the roof drains. City Attorney Mattas stated, once again, if it is pri- vate over hanging property then the City cannot enforce or take action. Ms. Moore has rights as a private property owner and could arrange to have the tree trimmed and cut back to the property line. He advised her to first consult with an attorney but she did have the right to trim it to the property line. Ms. Moore questioned if a reading room could be added to the Westborough Community Room for children to use in the evening. City Librarian Dancy stated the budget does not allow that, however, they could put some books there if space is available. She stated the priority right now, if money comes available, is to increase the hours the library is open on Sundays. She stated she would inquire into using the County mobile, however, that required a contract. Mr. Jerry Simotas stated he had helped in the design of this building, however, it was not designed in the way the residents wanted, because the office was to be a study room with books. AGENDA A~TION TAKEN Discussion of matters of public interest. 10/5/94 Page 10 158 Mr. Elmore, 2575 Bantry Lane, asked when Westborough could expect noise insulation. It was his understanding that Westborough would be the last area to be considered. He stated noise is haz- ardous in all areas of the City, not just down in old town, and again wanted to know when they can expect to receive insulation from the noise created from the Airport. Interim Director of Public Works Wykoff stated Westborough is in the later stages of the program but could not specifically say when or if there will be a program in this area. He would try to get back to Mr. EImore to show the areas Council is ad- dressing first. Councilman Penna explained: the problem goes back to a map of 1983, the Airport and the FAA made a noise contour map of S.S.F. neighborhoods that basically were the areas of Brentwood, Avalon Park, Burl Burl, Winston Manor, stops at Gellert and anything here in Westborough is not affected. He explained how the noise levels had been deter- mined, past and current maps in detail, and the sub- sequent SFIA and FAA funding. Director of Parks, Recreation & Community Ser- vices Nagel stated Mr. Waters had discussed the building being used for child care. There had been a conflict and he had been told that the City could not accommodate child care. He looked at Foxridge for preschool, special classes and a wide variety of uses for all day for Westborough partici- pants, because there is a waiting list of 25 or 30 families. He stated all space was taken because of the high demand for these classes, so they used a small room at the Community Center, which is rent- ed out on weekends and with after school programs. He had been keeping the park staffed, even with budget cuts, they were aware of the condition of the basketball court and a retaining wall will be put in to detour kids on their bikes. He stated they would work on that during the winter and, if there was enough interest, talk about additional courts. Another play area would be put in. Bids will be opened later in the month, for completion by the first of the year, and it will enhance the area. He stated Council approved the lighting of the tennis court, he welcomed comments from the residents and was aware of their concerns. AGENDA AC_TION TAKEN Discussion of matters of public interest. 10/5/94 Page 11 Ms. Ann Waters, 2266 Shannon Dr., stated the Westborough Fund Raiser Advisory Group must meet every month on the third Tuesday, last night they could not get in and waited a half hour to get into the room. The Committee is made of volun- teers, she is the Chair, the Committee members are coming from or going to work after the meeting and she was losing members. She wanted to make sure there was always access to the building on meeting nights at the time originally scheduled. Ms. Vigna Romaz, Shannon Drive, questioned the status of the Carter Park development. Interim Director of Economic & Community Devel- opment Beyer stated the property is currently in bankruptcy, the building permits have all expired and there are several developers looking at the prop- erty with the possibility of taking over the project. Mr. John Brewer, 3817 Radburn, spoke of what had been a small park with 15 children playing there. The the park had been enlarged with all kinds of playing apparatus and now there are 50 kids in the park with much yelling and screaming. There is no place to put litter and no trash containers. He asked if some of the apparatus, the 10 foot high monkey bars and arches, could be moved, because this is a residential area - not a park. Director of Parks, Recreation & Community Ser- vices Nagel stated he personally designed that area. After looking at the whole common greens there were several play areas. After meeting with the residents it was identified that some area would have to have the play equipment that had the space and access, which this area did. He could look at signage for curfews, if they don't destroy the equip- ment and signage in the park first, because it is hidden in back of the houses. Mr. Eugene Sims, Shannon Drive, stated he was on the Board of Directors of Art Rise and wanted to share his observations: he felt this town hall meet- ing was a wonderful opportunity for the community and the leaders to communicate with one another; one of his nearby neighbors was using his garage as a place to repair cars, which, on occasion, raises a problem in backing out of his driveway; he was becoming very frustrated with this business going on in the neighborhood; he observed oil or AGENDA _AC!IQN TAKEN Discussion of matters of public interest. assette #2) ADJOURNMENT 10/5/94 Page 12 hazardous substances running into the gutter, called City Hall and was told to contact the Health De- partment and environmental health; he plays tennis and some people do not respect their elders, such as people on drugs coming by slurring comments to the players, after which his friend left with a negative image of this City; he was appalled with the graffiti; called the Fire Department about an over growth of weeds on a property and nothing was done; he urged the Council to make something happen for the good of the City. Councilman Penna stated the hazardous substances fall under code enforcement, they should not have told you to call the County and there is an abatement program also under code enforcement. Ms. Lydia Theiss stated there were many times in Westborough when the street lights are out for long periods of time and there must be something wrong with the connections or someone is not monitoring the lights to see if they are working. She leaves her porch light on most of the time, because the lights across the street are out most of the time. Interim Director of Public Works Wykoff stated there has been a problem with the lights and the maintenance is contracted out to PG&E. He did not know all the details but it has been resolved in the last two or three weeks. Ms. Theiss stated the lights were not connected at 2601 Donegal and on Tipperary. Interim Director of Public Works Wykoff asked Ms. Theiss to call City Hall with the problem and if the problem isn't fixed, then call him. Mayor Fernekes thanked everyone for coming and apologized for the lateness of the notification, which will be corrected. M/S Penna/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:10 p.m. AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk ~,/ City of South San Francisco APPROVED. J~s~eph ~ Fernekes, Ma.~ C~y of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 10/5/94 Page 13