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HomeMy WebLinkAboutMinutes 1979-02-28Mayor William A. Borba Vice Mayor Terry J, Mirri Counci 1: Ronald G. Acosta Emanuele N. Damonte Roberta Cerri Teglia MINUTES CITY COUNCIL W. Orange Avenue Library Auditorium February 28, 1979 AGENDA Adjourned Regular Meeting CALL TO ORDER (TF-O01) PLEDGE OF ALLEGIANCE AGENDA REVIEW (TF-O05) Executive Session at conclusion of the meeting to discuss: 1) labor relations matter; 2) personnel matter CITY MANAGER 1. Staff Report 2/28/79 re Proposed Elevation Treatments for the Willow Grand Condominiums/Brosnan (TF-OIO) Inter-Office Memorandum 2/28/79 WILLOW/GRAND CONDOMINIUMS - OWNER OCCUPANCY PROVISIONS - City Attorney (TF-098) ACTION TAKEN Adjourned Regular Meeting 7:32 p.m. Mayor Borba presiding. Council present: Acosta, Damonte, Mirri, Teglia and Mayor Borba Recited AGENDA REVIEW No objections - so approved CITY MANAGER City Manager Birkelo reviewed the two basic issues before Council: 1) the matter of the owner- occupancy requirement of the project; and 2) approval of the elevations. City Attorney Noonan explained the three alter- natives: 1) Alternate No. I - "Addendum to Declaration" as prepared by Mr. David Van Atta, Attorney for Mr. Brosnan; 2) Alternate No. II- "Addendum to Declaration" as prepared by Mr. Van Atta, with modifications; and 3) Aternate No. III as prepared by the City Attorney, to be effective upon recordation of the DCCR's and Final Map. He further explained that these were all subject to review of the Real Estate Commis- sioner and may or may not be sustained in court. He detailed the alternatives and explained Alternate No. III, owner-occupancy and not residency. Council discussed in length the matters of re- striction of lease at a~maximum of 2 years, 6 months as a minimum and powers of eviction. City Attorney Noonan explained the powers of the owners' organization to place a lien to provide upkeep of the units and first right of tenant to purchase. AGENDA (Continued) CITY MANAGER (Continued) Staff Report 2/28/79 re Proposed Elevation Treatments for the Willow- Grand Condominiums/Brosnan (]Cont.) (TF-127) (TF-226) (TF-246) (TF-276) (TF-307) (TF-332) ACTION TAKEN (Continued) CITY MANAGER (Continued) Mr. James Rossini, 399 Holly Avenue, expressed his concerns that he was present when the project was approved as "owner-occupancy" and requested to know why it was to be changed. City Attorney Noonmexplained the directions of Council and the qualified ri§hts of the City regulations and the powers under State laws. He further explained the conclusions of his research that Council had not required owner-occupancy. Council further debated the rights to restrict properties and the confines of State haw; this document's preventative measure to keep people from buying the properties as a speculative element. Mrs. Marie Cox, 466 Holly Avenue, qUestioned Council if any new project would be controlled under these new restrictions. Mr. Noonan explained the new restrictions only to this project. Council recessed from 8:20 to 8:35 p.m., with all Council present. Mrs. Cox expressed her concerns about the voting rights of the homeowners association and the right of the owner. Council next discussed the issue of the voting in the homeowners association; regulations of the DCCR's after County-filing imposed on any subsequent owner; and steps to be adhered to in the event the Real Estate Board requires changes. City Planner Costanzo explained the two classes of membership, Class A, owner who purchases a single unit; and Class B, declarant, Mr. Brosnan. Council next considered the matter of children's being excluded from the project and pending legislation concerning discrimination against children. Mrs. Reimche, 32 Emerald Court, spoke in opposi- tion to the previous meeting at which Mr. Brosnan' attorney and his landscape architect were present. She expressed her concerns about renters and their lack of care. 2/28/79 Page 2 AGENDA (Continued) ACTION TAKEN (Continued) CITy MANAGER (.Continued) CITY MANAGER (Continued) Staff Report 2/28/79 re Proposed Elevation Treatments for the Wi!!ow~ Grand Condomtniums/Brosnan (iCont.) (TF-358) (TF-434) Mr. Larry Casey, Citizens Action League, commented concerning the homeowners association, his organ- ization's concern in the control of the home- owners association to enforce maintenance, and the possibility of another "Willow Gardens" situation. Mr. Robert Cox, 466 Holly Avenue, through the Chair, asked Mr. Brosnan how much would the re- converted condominiums sell for. He questioned whether the present tenants could afford the 20% downpayment on an approximately $50,000 condominium. (TF-450) Mr. Andrew Reid, 1228 Crestwood Drive, commented that an increase in apartments and condominiums does not make a better community. Council further discussed the possibility of a depressed market and its determination. (TF-509) City Planner Costanzo read the phasing schedule, the following subsequent phases of construction for the proposed project. (TF-226) City Attorney suggested that Council could call for a Status Report either monthly or whatever time period they wished regarding the status of the phases as they progress so that Council can indicate its desires to subsequent phases which will not be out of order with respect to that document. (TF-532) M/S Teglia/Damonte - So moved Carried unanimously by voice vote. (TF-534) Mayor Borba stated he would entertain a motion to accept Alternate No. III as prepared by the City Attorney in his I.O.M. February 28, 1979, to the City Manager, to become effective upon recordation of the DCCR's and Final Map, with the proviso that the pending legislation con- cerning children be condition of the motion. Councilwoman Teglia stated that she would so move with the exception that the "children proviso" would be redundant pending action of legislature. Councilman Mirri stated he would second the motior if the motion would accept the Mayor's proviso and further commented on the "political realities' and adult community concept. 2/28/79 Page 3 AGENDA (Continued) CITY MANAGER (Continued) Staff Report 2/28/79 re Proposed Elevation Treatments for the Willow- Grand Condominiums.-/Brosnan (Cont.) (TF-550) ACTION TAKEN (Continued) CITY MANAGER (Continued) Councilwoman Teg!ia so agreed. Mr. Jack Murray, !043 Crestwood Drive, spoke on the City's control over condominiums and/or apartments. City Planner Costanzo explained the State laws' not recognizing condominiums as a land use, and condominiums as a method of owning land; and conversions of apartments into condominiums. (TF-576) Carried unanimously by voice vote. City Manager Birkelo asked if Council wished to address the matter of elevation before it approved the tentative Subdivision Map. (TF-583) Council recessed from 9:30 to 9:50 p.m., all Council present City Planner Costanzo stated that there were three phases for Council's approval: 1) elevation; 2) tentative Subdivision Map; and 3) certify the Negative Declaration for the subdivision. He explained the proposed exterior treatments to the project and the history of the project; and landscaping. (TF-618) Council next discussed the roof selection, pitched roof areas to be of conrete tile or equal, the style to be flast rustic combed finish rather than spanish or mediterranean; and the recommend- ations of the Design Review Board. (TF-677) Parking problems were also discussed and a report was given by Police Chief James Datzman concern- ing the parking at the Housing Authority property. (TF-695) Also discussed was the matter of electrical doors' being installed on garage doors in two buildings. (TF-748) Mr. Albert Seyranian, Architect, 256 Sutter St., San Francisco, for the project, in detail, ex- plained the color treatments, revision of metal handrails, and roof structure. (TF-831) City Planner Costanzo explained his reasons for suggesting an up-grade in building materials for long-term maintenance. (TF-954) Council directed the City Planner and Mr. Seyrani~ to review, item by item, for recommendation or disagreement. 2/28/79 Page 4 AGENDA (Continued) ACTION TAKEN (Continued) CITY MANAGER (Continued) 1. Staff Report 2/28/79 re Proposed Elevation Treatments for the Willow- Grand Condominiums/Brosnan (Cont.) (TF-,983) ~'-~' --~ (TF-986) (TF-1128) (TF-1210) (TF-1267) (TF-1300) (TF-1305) 50 CITY MANAGER (Continued) In answer to an inquiry from the audience, the City Manager explained the date of March 26, 1979 as the date of the Public Hearing for the properN at Grand and Chestnut Avenues. M/S Acosta/Teglia - that March 26, 1979, 7:30 p.m So. San Francisco High School Auditorium be set as date, time and place of the Public Hearing. City Planner Costanzo proceeded item by item of the Staff Report, 2/28/79, with Mr. Seyranian. Mr. James Savage, contractor for Mr. Brosnan, explained the construction to encase the 18" chimneys. Mr. B~osnan commented that it would be no problem to eliminate the chimneys if Council so desired. Council next discussed the roofing, tile or design shake, its maintenance and longevity. City Planner Costanzo stated that there were two formal actions to complete - the approval of the subdivision map and approval of the Negative Declaration so that it can be recorded. He stated that there was more work to be done on the elevations. M/S Acosta/Mirri - That the tentative Subdivision Map be approved. Carried unanimously by voice vote. M/S Acosta/Mirri - That the Negative Declaration No. 159 be authorized for recordation. Carried unanimously by voice vote. City Planner Costanzo reported that he would work with the developer and submit a complete report to Council. At the request of the Architect for a ruling on the roof material, it was the consensus of Council that the flat, solid color, combed- finish roofing be approved. Council recessed from ll:31 - 11:42 p.m., all Council present. 2/28/79 Page 5 AGENDA (Continued) ACTION TAKEN (Continued) PUBLIC SERVICES e Staff Report 2/2!/79 requesting Council review the status of Tas.k Force - Munici~pal Services Building (Value Giant) (IF-1303) (TF-1354) (TF-1427) (TF-1448) (F-1590) (TF-1689) (TF-1697) (TF-1699) PUBLIC SERVICES 5 ~ City Manager-Birke!o explained that this was a carry-over from the last meeting and that some decisions were necessary for the architect to proceed. Director of Public Services Addiego reviewed briefly the status of the work of the Task Force committee with the project consultant. From displays hung on the wall, Mr. Goodwin Steinberg explained the main floor program. He described the floor design to house the Police Department, Communications, Fire Administration, women's locker room, exercise room for the Police Department, lounge, kitchen, and classroom He further explained the meeting room that would be available for Seniors, Park and Recreation, and a variety of circumstances. He further spoke about the possibility of its' becoming a Council Chambers, seating 180 people. The lower section was next discussed - pistol range, apparatus room, storage room, and the move of the Buri Buri Fire Station into the area. Council considered the monetary budgeting for the Public Services building and the addition of the Buri Buri Fire Station. M/S Damonte/Acosta - That the Fire Department be placed in the Municipal Services Building and that the monies from the sale of the Buri Buri Fire Station and the Capital Improvement Funds be used to refurbish this facility. Carried unanimously by voice vote. Director of Public Services Addiego commented that the use of the unfinished floor space had not been addressed; and commented that the com- mittee felt that it could be utilized for some public-type use and lease. Further consideration was given to enlarging the multi-purpose room to seat 250, a combin- ation of unfinished floor space and multi-purpose room use. Council debated whether the Council Chambers should be in the downtown core with the possi- bility of space becoming available when the Muncipal Services building is completed. 2/28/79 Page 6 AGENDA (Continued) PUBLIC SERVICES (Continued) Staff Report 2/21/79 requesting Council review the status of Task Force - Municipal Services Building (Value Giant) (TF-1865) ACTION TAKEN (Continued) PUBLIC SERVICES (Continued) 5~ It was the consensus of Council to proceed with the space concept for a multi-purpose room, to later decide upon the outfitting. City Manager Birkelo suggested that Council await a more-detailed cost report before making a decision on the pistol range. e KQED Annual Auction - Request for Proclamation for KQED Week; and Request for use of Municipal Services Building for Auction (TF- 1880) ~-/~4, ]~ KQED WEEK MARCH 12-23, 1979 City Manager Birkelo explained that a Proclamatiol had been prepared proclaiming KQED Week. So objections - so proclaimed City Manager Birkelo explained that the Municipal Services Building was requested to be utilized for the KQED Auction, part of April, to July 2. M/S Acosta/Teglia - That the use of the Municipal Services Building beut~ized by KQED Auction. 4. Pending Legislation Carried unanimously by voice vote. City Manager Birkelo briefly explained AB 449 and the restriction of the use of service charges He suggested that Council approve or establish a policy opposing that legislation and any new similar legislation. M/S Acosta/Mirri - So moved. Carried unanimously by voice vote. Executive Personnel Session (TF-1928) Council adjourned to an Executive Personnel Session at 12:45 a.m. Recall to order Meeting was recalled to order at 1:25 a.m. Mayor Borba announced that Staff had been instructed in labor negotiations. ADJOURNMENT (TF-1933) M/S Mirri/Teglia - That the meeting stand adjourned. Carried unanimously by voice vote. Time of adjournment: 1:28 a.m. RESPECTFULLY SUBMITTED, M, Fgg~et M. Pettigrew~ i~~lerk City'of South San Francisco APPROVED: / Wi ll ~ am A. BorDa,-mayor City of South San Francisco The entries of this Council meeting show tie action taken by the City Council to dispose of the item. Oral presentations, argument~, 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 avail- able for inspection, review, and copying. 2/28/79 Page 7