HomeMy WebLinkAboutMinutes 1994-10-26 Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
'--Roberta Cerri Teglia
Robert Yee
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
[GENDA REVIEW
REPORT OF THE CITY MANAGER
ORAL COMMUNICATIONS
7:46 p.m.
10/26/94
Page 1
MINUTES
City Council
Municipal Services Building
Community Room
October 26, 1994
1 8'8
ACTION TAKEN
Mayor Fernekes presiding.
Council Present: Drago, Penna, Teglia, Yee and
Fernekes.
Council Absent: None.
The Pledge was recited.
Rev. Johnson, Our Redeemer Lutheran Church,
gave the invocation.
PRESENTATIONS
AGENDA REVIEW
Acting City Manager Martel stated there were no
changes to the Agenda.
REPORT OF THE CITY MANAGER
Acting City Manager Martel stated she had nothing
to report.
ORAL COMMUNICATIONS
Mr. Ted Brown, 125 Sycamore, stated for the last
few months he has been trying to extend a six foot
high fence from the backyard to the sidewalk and
towards the driveway and garage. He stated in the
back area there is a three foot high chain link fence,
he wanted to extend it to six feet and the City says
he can't do it. He has vehicles and equipment in the
yard, which he wanted to screen. They have a
friend with a doberman, who is not vicious, but he
lies in wait and people walk by and he scares them.
He is afraid that someone will walk by, be scared by
the doberman, have a heart attack and die. This is
why he wants to erect the six foot fence and the
City says he can't do it.
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
ORAL COMMUNICATIONS
He stated there are 25 other incidents in Mayfair
where people have six foot fences, some have been
up a long while and some a short while. If they can
have them - why can't he.
Interim Director of Economic & Community Devel-
opment Beyer stated there is a requirement, on a
corner, for a fence to be no higher than three feet
and, if there are others in the same area, code en-
forcement can check it out.
Mr. Brown stated there is a sign post that is part of
his fence and where the wooden fence extends that
chain link is over 50 feet from the sign post and the
corner. The other fences in Mayfair must be in
compliance, because there is not a traffic problem.
He reiterated: it extends from the corner of the
house to the sidewalk, to the other side of the drive-
way and back to the corner of the garage.
Mayor Fernekes asked the Interim Director of Eco-
nomic & Community Development to talk to Mr.
Brown and report back to Council.
Mayor Fernekes stated he had a copy of a letter
from Mr. Brown and in the letter he was told the
Mayor of this fair City put him on the list. Howev-
er, he was contacted by one resident about compli-
ance issues not addressed and one of those was Mr.
Brown's fence. To make sure the Mayor was com-
fortable, he went out with the Code Enforcement
Officer to view if the complaint was correct and true
and the Code Enforcement Officer was doing her
job. He stated that diapers were thrown over the
fence, there were cars illegally parked in front and it
was not a case of singling out Mr. Brown.
Mr. Brown stated that the other problems listed in
the complaint have, for the most part, been taken
care of. The only thing he has a problem with is
the height of the fence. He questioned if all of the
other violators in Mayfair Village have been noti-
fied.
Mayor Fernekes stated he had a letter from the
School Board President in reference to the last
Council meeting during which it was decided to
have a joint meeting with the School District con-
cerning the JPA. He stated the President recom-
10/26/94
Page 2
AGENDA ACTION TAKEN
190
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Motion to approve Minutes of the Regular Meeting of
9/14/94, Special Meeting of 9/21/94 and Adjourned
Regular Meeting of 9/21/94.
2. Motion to confirm expense claims of 10/26/94.
o
Resolution transferring $45,000 from the Common
Greens funds to the West Park 1, 2 & 3 Parks and
Parkways Maintenance District Renovation. ~
A RESOLUTION APPROVING BUDGET
AMENDMENT CIP 95-2 TO THE 1994-1995 CAP-
ITAL IMPROVEMENT BUDGET - WEST PARK 1,
2 & 3 PARKS AND PARKWAYS MAINTENANCE
DISTRICT RENOVATION
Motion to accept the emergency trunk sewer and
storm drain line repair of Conrad Court Project as
complete and Resolution authorizing $29,702 from
the Sewer Enterprise Fund to close the Project. ,~g'0
A RESOLUTION APPROVING BUDGET
AMENDMENT CIP 95-3 TO THE 1994-1995 CAP-
ITAL IMPROVEMENT BUDGET - EMERGENCY
TRUNK SEWER AND STORM DRAIN LINE RE-
PAIR - CONRAD COURT
ORAL COMMUNICATIONS
mended two dates, one was on November 3rd at
4:00 p.m. and the other November 10th at 7 p.m.
He stated that one Councilmember cannot meet at
the 7 p.m. time and it is difficult for him to attend
the 4:00 p.m. meeting.
Discussion followed: to choose a date convenient for
all to attend; Councilwoman Teglia wanted it to be
an evening meeting so members of the public could
attend; the Mayor would convey time preferences to
the Board for a joint meeting, however, the School
Board wants it to be at their location and not be
televised; the last joint meeting had been on City
premises; etc.
COMMUNITY FORUM
No one chose to speak.
CONSENT CALENDAR
Approved.
Removed from the Agenda for discussion by Coun-
cilman Penna.
RESOLUTION NO. 131-94
RESOLUTION NO. 132-94
10/26/94
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
· Motion to accept the Vehicle Exhaust Extraction ~a-O
System at Fire Stations 2, 3, 4 and Central as com-
plete in accordance with the plans and specifications.
6. Motion to approve the First Quarter Performance
Report for the San Mateo County Convention and
Visitors Bureau activities and City disbursement of
funds.
2. Motion to confirm expense claims of 10/26/94.
CONSENT CALENDAR
Accepted.
Accepted.
M/S Yee/Teglia - To approve the Consent Calendar
with the exception of Item No. 2.
Carried by unanimous voice vote.
Councilman Penna questioned the expense claims for
the City Attorney's Office
Acting City Manager Martel explained: it was due
to the extended status of the Interim City Attorney's
contract past 7/1/94; adjustments were made to the
contract; includes expenses for the first half of
September; etc.
Councilman Penna stated the Council did not agree
to pay membership dues.
City Attorney Mattas stated the expenses were for
line items, such as updating State codes, as he would
maintain a bare bones resources library.
Councilman Penna questioned a San Mateo Times
expense of $702.00.
City Clerk Battaya stated the business license ordi-
nance needed to be published three separate times
with the legal ad being 1/8 of a page. She received
permission from the City Attorney to publish the
legal ad in the San Marco Times, in that the newspa-
per of general circulation for this City is the Enter-
prise Journal, which is only printed twice a week.
She alerted Assistant City Attorney Nave some three
months previous that a resolution should be adopted
changing the newspaper of general circulation, in
that there is not a paper published in S.S.F., howev-
er, as of this date, nothing has been done.
Councilman Penna questioned the Giants' tickets
refunds.
10/26/94
Page 4
AGENDA ACTION TAKEN
2. Motion - Continued.
PUBLIC HEARINGS
Public Hearing - V-94-322 (Adolfo Mora) - Appeal of
Planning Commission decision to deny a variance to
allow a detached garage structure (construction almost
complete) with less than the required 20 foot drive-
way apron, encroachments into the side and rear
setbacks and exceeding the maximum height and size
requirements for an accessory structure in the R-2
Medium Density Residential Zone District at 726
Grand Avenue; Conduct Public Hearing; Motion to
deny the appeal and uphold the decision of the Plan-
ning Commission - continued from the 10/12/94
meeting.
Acting City Manager stated money was collected for
those tickets.
M/S Penna/Yee - To confirm expense claims of
10/26/94 in the amount of $2,121,907.11.
Carried by unanimous voice vote.
PUBLIC HEARINGS
Mayor Fernekes opened the Public Hearing.
Chief Planner Solomon stated staff was recom-
mending that the Council deny the appeal because
they were unable to make the findings required for
the variance.
Mr. Adolfo Mora stated he was owner of the prop-
erty at 726 Grand Avenue and his appeal was to see
if he can get the permit for the garage. He apolo-
gized for the big mistake of constructing without a
permit but he would like to know if the Council
will let him get the permit to finish the project.
He explained: it was dangerous to drive out of the
garage in its prior condition; he began construction;
Planning told him to move the walls five feet in;
every time he goes to Planning they ask for different
plans and different walls and have not issued him a
permit; he provided 60 copies, as requested, of each
set of plans; Planning was not cooperating with him
and that was why he was here; he felt this would
improve the neighborhood; people have thrown a lot
of debris on his property that he is cleaning up; etc.
Councilman Drago stated he visited Mr. Mora's
property and his only question was whether this was
a garage or living quarters. He asked if the small
cupola in front was designed with a window to make
it look better or was it done for living quarters.
Mr. Mora stated it was to get light inside because
the other garage was inadequate and he had designed
it to look the same as the structure of the house,
because, if he made a square shelf, it would not
look nice.
Mayor Fernekes stated there was a letter on Mr.
Mora's behalf that says you need the garage to be
20 ft. wide as it is too narrow and asked Mr. Mora
to explain.
10/26/94
Page 5
AGENDA AC!!QN TAKEN
PUBLIC HEARINGS
Public Hearing - Continued.
193
PUBLIC HEARINGS
Mr. Mora stated the previous garage was 19 by 20
feet and that can hardly fit his cars, one being a
1959 Corvette that is parked outside and the paintis
coming off because of the elements on the fiber-
glass. He needed the space to store his cars,
lawn mower and tools and to work on his cars and
he was only asking for two or three more feet.
Discussion followed: when Mr. Mora decided to do
this work did anyone at City Hall say he needed a
permit; Mr. Mora told Mike in the Building Divi-
sion he was just going to remodel his garage but it
came to the point the garage had too much dry rot
and he decided to do the work himself; Mr. Mora
made a big mistake in not asking for a permit, how-
ever, he was told he could remodel without a permit
if he kept one wall; the reconstruction went well
beyond dry rot work; the old foundation is still
inside the new walls; etc.
Mayor Fernekes closed the Public Hearing.
Councilman Drago stated Mr. Mora tried to improve
what he has and improve the neighborhood, if he
did nothing we would have a piece of garbage. He
went down to view it and Mr. Mora admitted he
made an error in judgment and he can see why Mr.
Mora wanted to take care of the dry rot. Mr. Mora
tried to apply for a permit through the Planning
Commission. The Commission denied it by only
four votes and he did not understand why it was not
carried over for the full Commission when the
neighborhood supported it. He came to the meeting
in favor of this variance, because, at no time, was
Mr. Mora told to remove that building.
Discussion followed: they were talking about a
building 120 sq. ft. larger than the one he had; if
there was fire damage to the building Mr. Mora
could repair it as it had been; if a nonconforming
structure was lost through fire, wind or earthquake it
could be rebuilt as it was; there was a petition from
the surrounding neighborhood in support of Mr.
Mora's beautifying his property and the neighbor-
hood; Councilman Drago supports the appeal and
felt it was a judgment call, because the man was not
trying to circumvent our laws; Councilwoman Teglia
felt there is a problem with garages on property
lines on the lanes, where the owner wants to expand
10/26/94
Page 6
AGENDA ACTION TAKEN
PUBLIC HEARINGS
7. Public Hearing - Continued.
10/26/94
Page 7
194
PUBLIC HEARINGS
the garages, because they are too small, but they do
not have setbacks and to provide parking would take
up the whole backyard with the setbacks; she did not
mind assisting Mr. Mora but it has to be the same
for everyone; you cannot say we feel sorry for you
and then the next person doesn't get the same con-
sideration; she wanted Council direction for some
sort of a proposal for allowing people in the older
part of town to either renovate their parking struc-
tures that are non-conforming or put in carports to
maintain their backyards; Councilman Drago agreed
but felt that was an issue in itself; tonight the Coun-
cil has a situation where this man tore down a build-
ing rather than tearing down walls and circumvented
existing Codes; Councilwoman Teglia felt, if the
rules were relaxed, more people would come in for
permits; the nonconforming garages will only ac-
commodate a small car and, if the Council allows
owners to enlarge their garages, it will take cars off
the street; Councilman Penna felt Mr. Mora did try
to comply with the law by going to the Building
Division for advice and was told he could make
repairs; Mr. Mora started to make the repairs and
what turned him around was that the entire structure
had to be enlarged because there are very little
setbacks in the alleys, which curtail improvements to
property; this is also a home that is a historic re-
source and the unique structure was originally a barn
and later converted to a garage; that is why they are
trying to improve it and the Council should work
with Mr. Mora to comply with the Codes of Health
and Safety; it should be that the architecture of the
garage complements the house; Mr. Mora is only
proposing three feet more and Councilman Penna
was in support of the variance; Vice Mayor Yee
felt the question was whether the Council is willing
to change the law; he felt, if there was a reason to
have a variance, it needed to be justified - not
based on feelings or emotions but the facts; Vice
Mayor Yee did not have a problem unless the neigh-
borhood had complaints and there were none; the
garage faces the lane but, if that is a condition, it
could be turned away from the lane; Mr. Mora's
plan called for a door on the side of the garage and,
if that was the case, Vice Mayor Yee did not have a
problem with the additional three feet; Vice Mayor
Yee questioned why the structure could not be cut
down to 12 ft.; Vice Mayor Yee suggested cutting
down the structure to 12 ft. and require the side
AGENDA ACTION TAKEN
PUBLIC HEARINGS
7. Public Hearing - Continued.
LEGISLATIVE BUSINESS
o
Motion to waive reading and introduce an ordinance
amending the Gateway Redevelopment Plan. ~l~
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO AP-
PROVING AMENDMENTS TO THE GATEWAY
REDEVELOPMENT PLAN PURSUANT TO THE
COMMUNITY REDEVELOPMENT LAW OF THE
STATE OF CALIFORNIA
PUBLIC HEARINGS
entry; Councilwoman Teglia pointed out that, with a
garage door opener, Mr. Mora did not need the 20
ft.; etc.
Chief Planner Solomon suggested: there are unusual
features of the site that create a hardship that prevent
the property from enjoying the same development
right as adjoining properties, i.e., you may find that
the existence of the trees would prohibit the owner
from building a conforming structure.
Discussion followed: how would two feet affect the
architecture; would it be a flat roof, if so, Coun-
cilman Drago did not feel it was an asset to Tudor
architecture; height limitations only affect 15' acces-
sory structures affecting privacy on adjacent prop-
erty owners; let's require it to have the pitch of the
existing roof and match the front house; leave it up
to in-house architect and not the Design Review
Board; etc.
Motion by Vice Mayor Yee - To uphold the appeal
and approve the variance.
Consensus of Council - To direct staff to develop
the following conditions of approval and findings
upholding the appeal and approving the variance on
the grounds that the location of trees in the backyard
and the historical nature of the dwelling unit and
garage are appropriate physical characteristics of the
property to approve the variance application.
LEGISLATIVE BUSINESS
Councilman Penna left the podium, due to a conflict
of interest.
City Clerk Battaya read the title of the ordinance in
its entirety.
M/S Yee/Teglia - To waive reading and introduce
the ordinance.
Discussion followed: will this affect funding and
place it in jeopardy; it limits time for new bonding;
the E! Camino corridor has problems with debt.
Carried by majority voice vote, Councilman Penna
did not participate or take part in the vote.
10/26/94
Page 8
AGENDA ACTION TAKEN
LEGISLATIVE BUSINESS
~. Motion to waive reading and introduce an ordinance
amending the Gateway Redevelopment Plan..5-153
S b-7
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO AP-
PROVING AMENDMENTS TO THE EL CAMINO
CORRIDOR REDEVELOPMENT PLAN PURSU-
ANT TO THE COMMUNITY REDEVELOPMENT
LAW OF THE STATE OF CALIFORNIA
.0.
Motion to waive reading and introduce an ordinance
amending the Shearwater Redevelopment Plan. 5-]fi'~
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO AP-
PROVING AMENDMENTS TO THE
SHEARWATER REDEVELOPMENT PLAN PUR-
SUANT TO THE COMMUNITY REDEVELOP-
MENT LAW OF THE STATE OF CALIFORNIA
11.
Motion to waive reading and introduce an ordinance
amending the Downtown Central Redevelopment 5~
Plan. ,ff I/o'~
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO AP-
PROVING AMENDMENTS TO THE DOWN-
TOWN/CENTRAL REDEVELOPMENT PLAN
PURSUANT TO THE COMMUNITY REDEVEL-
OPMENT LAW OF THE STATE OF CALIFORNIA
LEGISLATIVE BUSINESS
Councilwoman Teglia also left the podium, due to a
conflict of interest.
City Clerk Battaya read the title of the ordinance in
its entirety.
Discussion followed: it is assumed the debt will be
paid off before the 40 year time period; an analysis
was extended out over the entire period and it was
assumed the debt can be retired; the $23 million
obligation had been planned to be stretched over 35
years; debt can be incurred for 20 years but the City
has 40 years to pay it off; the pay off will come
from the tax increment; staff must look at the finan-
cial report and see how many years to pay off the
bond; etc.
M/S Yee/Drago - to waive reading and introduce the
ordinance.
Carried by majority voice vote, Councilmembers
Penna and Teglia did not participate nor vote on the
item.
Councilwoman Teglia returned to the podium.
City Clerk Battaya read the title of the ordinance in
its entirety.
M/S Teglia/Drago - To waive reading and intro-
duce the ordinance.
Carried by majority voice vote, Councilman Penna
did not participate nor take part in the vote on the
item.
Councilwoman Teglia left the podium.
City Clerk Battaya read the title of the ordinance in
its entirety.
M/S Drago/Yee - To waive reading and introduce
the ordinance.
Carried by majority voice vote, Councilmembers
Penna and Teglia did not participate nor take part in
the vote on the item.
10/26/94
Page 9
AQENDA AC!!QN TAKEN
197
.rEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
12.
Closed Session: pursuant to GC54957.6, to meet with
its designated representatives - Acting City Manager,
Director of Personnel, City Attorney and IEDA Rep-
resentative Craig Jory on labor negotiations and the
employee organizations are AFSCME, Police, Fire,
Operating Engineers, Management and Confidential
Group and City Manager; pursuant to GC 54956.8,
regarding negotiations with Jesus Armas for sale of
368 COnmur Street and the instructions to the negoti-
ator will concern price, terms of payment and/or
both; pursuant to GC 54956.8, for a conference with
the City's real property negotiator regarding property
acquisition of the lot at Baden and Linden Avenues.
RECALL TO ORDER:
A RESOLUTION APPROVING A TEMPORARY
SALARY AND BENEFIT INCREASE FOR THE
ACTING CITY MANAGER to.~o
~230
ADJOURNMENT:
Councilmembers Penna and Teglia returned to the
podium.
ITEMS FROM COUNCIL
No one chose to speak.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at 9:16 p.m.
to discuss the items noticed on the Agenda.
Mayor Fernekes recalled the meeting to order at
10:25 p.m., all Council was present, no action was
taken.
Mayor Fernekes stated the resolution on the Acting
City Manager's salary had come up in the Closed
Session and asked for Council action.
M/S Teglia/Yee - To adopt the Resolution.
RESOLUTION NO. 133-94
Carried by unanimous voice vote.
M/S Teglia/Drago - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 10:30 p.m.
10/26/94
Page 10
AGENDA ACTION TAKEN
198
RESPECTFULLY SUBMITTED,
_~. ~/~~Z~City~
Barbara A. Battaya,
City of South San Francisco
APPROVED.
~C~o~2uth Sa '
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.
10/26/94
Page 11