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HomeMy WebLinkAboutMinutes 1980-02-20Mayor Terry J. Mirri Vice Mayor Ronald G. Acosta Council: William A. Borba Emanuele N. Damonte Roberta Cerri Teglia A G E N D A Regular Meeting CALL TO ORDER (TF-O01) PLEDGE OF ALLEGIANCE PRESENTATIONS A RESOLUTION COMMENDING ROBERT MANTEGANI A PROCLAMATION COMMENDING THE ROTARY CLUB AGENDA REVIEW City Manager Birkelo Requested: - Executive Session on labor relations following the Regular Agenda. CONSENT CALENDAR Minutes of the Regular Meeting of 12/19/79 and Minutes of the Regular Meeting of 1/2/80. MINUTES 111 CITY COUNCIL W. Orange Avenue Library Auditorium February 20, 1980 ACTION TAKEN Regular Meeting 7:34 p.m. Mayor Mirri presiding. Council Present: Teglia, Borba, Damonte and Mayor Mirri Council absent: Vice Mayor Acosta Recited. Mayor Mirri explained that Vice Mayor Acosta was out of town on business and would be for a few days. PRESENTATIONS Mayor Mirri explained that Mr. Mantegani was a Planning Commissioner and read the Resolution commending the heroic deeds in aid of another human being and without regard for his own safety. Mr. Mantegani expressed his appreciation for the Resolution. RESOLUTION NO. 12-80 Mayor Mirri read the Proclamation commending the Rotary Club for their social service programs~which have benefited the community. AGENDA REVIEW So ordered. CONSENT CALENDAR Approved. 4/20/79 Page 1 AGENDA ACTION TAKEN 112 CONSENT CALENDAR - Continued 2. Staff Report 2/20/80 - requesting a Motion to authorize the Purchasing Officer to advertise for bids for fire hose and adaptors, w ~- ~ 3. Staff Report 2/20/80 - requesting a Motion to authorize the Purchasing Officer to advertise for bids for a pressure demand self contained air breathing apparatus. 4. Staff Report 2/20/80 - recommending adoption of a Resolution authorizing grant of an easement to PG&E, a California Corp. ~~y ,~ A RESOLUTION AUTHORIZING GRANT OF AN EASEMENT TO PG&E, A CALIFORNIA CORP. 5. Staff Report 2/20/80 - recommending acceptance of the South San Francisco San Bruno Wastewater Treatment Plant Vacuator No. 1 Repairs - Project No. WTP-79-1. me Staff Report 2/20/80 - recommending adoption of a Resolution authorizing grant of an easement to PG&E, a California Corp. A RESOLUTION AUTHORIZING GRANT OF AN EASEMENT TO PG&E, A CALIFORNIA CORP. APPROVAL OF BILLS 6. Regular Bills of February 20, 1980. CONSENT CALENDAR - Continued Approved. Approved. Taken off the Consent Calendar. Approved. M/S Borba/Damonte - Consent Calendar be approved. Carried by unanimous voice vote. Councilwoman Teglia expressed concern that the easement in question appeared to be on school property and not on City property. Director of Public Works Yee said the easement the City would grant is a park owned by the City. M/S Teglia/Borba - That the Resolution be adopted. RESOLUTION NO. 13-80 Carried by unanimous voice vote. APPROVAL OF BILLS Councilman Borba recited a list of bills he wished to be deleted because he does business with these firms. M/S Borba/Teglia - To approve bills not deleted. Carried by unanimous voice vote. 2/20/80 Page 2 AGENDA ACTION TAKEN 112 APPROVAL OF BILLS - Continued 6. Regular Bills - Cont. CITY CLERK 7. Staff Report 2/20/80 - Vacancies on Boards and Commissions, information only. -i. ~-~ COMMUNITY DEVELOPMENT (TF-OO64) 8. Public Hearing UP-79-525 McDonald's Staff Report 2/20/80 - recommending that the decision of the Planning Commission be upheld in denying UP-79-525 (McDonald's) at Gellert and Westborough. (TF-O082) APPROVAL OF BILLS - Continued M/S Damonte/Teglia - To approve deleted bills. Carried by majority voice vote. Councilman Borba did not participate in the vote. CITY CLERK City Manager Birkelo noted that this item was for information only. COMMUNITY DEVELOPMENT Councilman Borba stated that he did business with McDonald's and stepped from the podium at 7:50 p.m. and did not participate in the discussion. Mayor Mirri declared the Public Hearing open. City Manager Birkelo stated that this was an appeal by McDonald's for a proposed fast food restaurant located on the west side of the Gellert Blvd. Extension. Director of Community Development Dell'Angela related that the Planning Commission on December 11, 1979 held a Public Hearing to consider the request to establish a fast food restaurant on Gellert Blvd. After considering all public testimony the Commission denied the request and cited their findings as stated in the 2/20/80 Staff Report. Mayor Mirri invited the Appellant and all those in favor of the Project to speak at the podium. Mr. Michael W. Emmert, Real Estate Representative for McDonald's Corp., presented an aerial photograph of the proposed site. He stated that the purpose of his appearance was to appeal the denial by the Planning Commission and gain Council's approval of McDonald's Project. 2/20/80 Page 3 AGENDA ACTION TAKEN 114 COMMUNITY DEVELOPMENT 8. Public Hearing - Cont. (TF-0118) (TF-0137) (TF-156) (TF-163) (TF-190) COMMUNITY DEVELOPMENT Mr. Emmert stated that the plans included a drive through window to accommodate the customers, however, McDonald's was agreeable to remove the window if Council so wished. He cited the benefits the City would receive form the Project i.e., Sales Tax, a payroll in excess of $225,000, Property Taxes. Mrs. Helen John, senior citizen from Daly City, spoke in favor of McDonald's be- cause of the cleanliness and attractive- ness of their restaurants and the programs for the senior citizens. She said a conversation she had with the Police in Daly City indicated there were no police problems associated with any of the McDonald's sites. Ms. Donna Mickey, retired Crocker Bank Officer, spoke in favor of the restaurant and the fine management as demonstrated by Mr. Slater and felt it would be an asset to South San Francisco. Ms. Margaret McGuire, employee of Mr. Slater, spoke in favor of McDonald's stating that this gave the youngsters an opportunity for employment and training that will benefit them in the future. Ms. Roseann Emerson, 594 Gellert Blvd. Daly City, stated that McDonald's Corp. puts 25% of their sales back into the bene- fit of the community. Ms. Hazel Nastrini, President of the Chamber of Commerce, read a letter from the Chamber supporting the McDonald's appeal. Mr. Phillip Burnheim, 3606 Basset Ct., spoke in support of having a McDonald's in his neighborhood. 2/20/80 Page 4 COMMUNITY DEVELOPMENT 8. Public Hearing - Cont. (TF-201) (TF-276) (TF-286) COMMUNITY DEVELOPMENT Mr. Dick Slater, Licensee of two McDonald's Restaurants in Daly City, said he would be the licensee of this restaurant and explained the makeup of the franchises in McDonald's held by small businessmen. He read a letter from Police Chief Dave Hansen, Daly City, stating that Daly City Police had not had any problems with the restaurants and commended their cleanliness and gave Mr. Salter his unqualified endorsement. Mr. Slater rebutted the findings of the Planning Commission and stated 50 new jobs would be created for young people; and special discount prices will be available for senior citizens. Mayor Mirri closed the Hearing for the Appellants and opened the Hearing for those against the Project. No one spoke. Mayor Mirri closed the Public Hearing and invited discussion by Council. Councilman Damonte asked the Director of Community Development Dell'Angela for further clarification on Item 7 of the 14 points. Director of Community Development Dell' Angela felt that McDonald's opening its doors would not provide any assurances that other fast food restaurants would not be next to develop in the 16 acres owned by Mr. Callan. Mayor Mirri asked the City Attorney if the City had any controls over further develop- ment. City Attorne~ Noonan replied that under the City's C-1 cIassification thoSe uses would have a right to establish control or enact an Ordinance declaring that area as a planned use and limit the uses. 2/20/80 Page 5 AGENDA ACTION TAKEN 116 COMMUNITY DEVELOPMENT 8. Public Hearing - Cont. (TF-360) (TF-380) (TF-547) (TF-303) COMMUNITY DEVELOPMENT A discussion followed on an E.I.R. that Councilwoman Teglia found in the Library on the Gellert Blvd. area which included annexation and questioned whether some of the uses might not cover the Callan land uses. A discussion followed on the anticipated traffic and sales the restaurant would produce. Mr. Salter said the restaurant would generate 14,000 cars in the area and that the 51,000 figure is the anticipated transactions. Councilwoman Teglia asked the McDonald's representative how he arrived at the estimated cars and transactions. Mr. Emmert explained that an in depth survey had been made over the Bay Area and averages had been established. Mayor Mirri asked Police Chief Datzman if there had been problems from traffic at the McDonald's located on E1Camino. Chief Datzman responded that Officers Moran and Metcalf had submitted a total of 19 recommendations, 9 in the crime prevention area and 10 traffic control problems. He commended Mr. Slater on his cooperation in handling these matters. A lengthy discussion followed on the validity of the 14 findings of the Planning Commission and the evidence not in hand. Councilwoman Teglia commented that these things should have been resolved by the Planning Commission before tonight and recommended sending the.matter back to the Planning Commission and stated she wanted to see the map Council was to approve. 2/20/80 Page 6 AGENDA ACTION TAKEN 117 COMMUNITY DEVELOPMENT 8. Public Hearing - Cont. (TF-554) (TF-608) (TF-640) RECESS: RECALL TO ORDER: (TF-648) ge Staff Report 2/20/80 - recommending 1) Waive the reading of the Ordinance in its entirety be waived and that the Ordinance be passed and adopted by reading title only; 2) that the Ordinance be passed and adopted estab- lishing Off-Street Parking Standards. COMMUNITY DEVELOPMENT Mayor Mirri expressed concern with the ambiguity surrounding the map and the report from the Planning Commission. Mr. Emmert stated the willingness McDonald's has to work with the Staff and make compatible the overall design for the four acres as well as McDonald's. He requested a decision from Council as to whether the use is compatible with the City, if they must go back to the Planning Commission they anticipate the same problems and delays they have had in the past. Mike Galligan, Esq., stated Council has findings and if they disagree with the findings and want to approve the use, then make the opposite findings. A discussion followed on the conditions and findings of the Planning Commission and the time involved in a delay. M/S Teglia/Damonte - To refer the matter to the Planning Commission for preparation of findings and conditions in a report to be presented at the 3/19/80 Council Meeting. Carried by unanimous voice vote. Mayor Mirri declared a recess at 9:30 p.m. Mayor Mirri recalled the meeting to order at 10:15 p.m. All Council present, Councilman Borba having returned to the podium. City Manager Birkelo explained the Ordinance establishing off-street parking standards. 2/20/80 Page 7 A G E N D A ,A_ C_ T_~ O_O__N TA~EN_ 118 COMMUNITY DEVELOPMENT 9. Staff Report 2/20/80 - Continued. 2nd Reading/Adoption AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 353, ADOPTED AUGUST 10, 1954, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO - (PARKING REGULATIONS) PARK AND RECREATION 10. Staff Report 2/20/80 - recommending adoption of a Resolution extending the current lease with Helen Price at 409 Grand Avenue. (TF-651) A RESOLUTION AUTHORIZING A LEASE EXTENSION TO APRIL 30, 1981 FOR 409 GRAND AVENUE, SOUTH SAN FRANCISCO PUBLIC SERVICES ll. Public Hearing - Abandonment of a 10' Public Utility Easement. Staff Report 2/20/80 - recommending 1) Public Hearing, and 2) adoption of a Resolution for the abandonment of a 10' Public Utility Easement along · ~the westerly line of Lot 5, Westborough 4A Subdivision. A RESOLUTION ORDERING THE VACATION OF A PUBLIC SERVICE EASEMENT - 10' PUL ACROSS LOT 5, BLOCK 33 WESTBOROUGH UNIT NO. 4A COMMUNITY DEVELOPMENT M/S Borba/Teglia - That the reading of the Ordinance in its entirety be waived and that the Ordinance be passed and adopted by reading title only. Carried by unanimous voice vote. M/S Borba/Teglia - That the Ordinance be passed and adopted. ORDINANCE NO. 813-80 Carried by unanimous voice vote. PARK AND RECREATION City Manager Birkelo explained this was a lease extending the current lease with Helen Price at 409 Grand Avenue which contains the same terms and conditions as prior leases. M/S Borba/Teglia - That the Resolution be adopted. RESOLUTION NO. 14-80 Carried by unanimous voice vote. PUBLIC SERVICES City Manager Birkelo explained that this easement was not needed by the Public Utilities nor by the City and recommended abandonment. Mayor Mirri declared the Public Hearing open and invited proponents to speak. No one spoke. Mayor Mirri declared the Public Hearing closed when there were no opponents who wished to speak. M/S Damonte/Borba - That the Resolution be adopted. RESOLUTION NO. 15-80 Carried by unanimous voice vote. 2/20/~0 Page 8 AGENDA COMMUNI CAT IONS 12. Report from Mrs. Doris Agee - A report on the problems facing the new Homeowner Associations. (TF-751) (TF-872) (TF-665) ACTION TAKEN 115 COMMUNI CATIONS Mayor Mirri explained that this report was being given in response to Mrs. Agee's request to make this presentation which Council had granted. Mrs. Agee commended various members of City government, i.e., Bob Yee, Lyle Norton, Sylvester Duplessis, Mark Wheeler and Rich Harmon for their help at Stonegate. Mrs. Agee cited the responsibilities of the homeowner association such as escrow closing, taxes, on-going debts, landscaping, dues, etc. She continued with the problems of watering by hand because sprinklers were not installed; she requested handrails be installed in the open areas at Stonegate 3 which the Builder later did, although he had signed off the job indicating all work had been completed which another Builder would not have done. She urged that somewhere in the sign-off papers there be a phrase included that would assure that all work has been performed in a thorough manner. She suggested a set of guidelines be established and was willing to lend her expertise to put together a kind of checklist to help the Developer know what the new Homeowner Association is going to need. Mayor Mirri asked Staff to work with Mrs. Agee to try and establish some guidelines and suggested she contact the Dept. of Real Estate for their input and related that Council did not have jurisdiction over these matters. City Attorney Noonan explained the procedure in the DC&Rs and stated that with non-compliance the City could withhold the occupancy permit from the Developer until all work conditions had been met. 2/20/80 Page 9 AGENDA ACTION TAKEN CONI~iNI CATIONS Report from Mrs. Doris Agee - Cont. (TF-945) (TF-978) ITEMS FROM STAFF 13. Report on the proposed Nancy Nutting Drug Rehabilitation Center. (TF-lO14) COMMUN I CAT IONS Mayor Mi rri reiterated that the City did not have Jurisdiction over Developers and she must contact the Dept. of Real Estate and get a consultant to aid her on condominium law. He suggested creating a Coneittee composed of a professional consultant in condo law, a condo manager, a member of the Planning Dept. and a Developer to find a workable solution to this problem. City Manger $trkelo requested the opportunity to discuss this matter with Staff and come back to Council with additional input. Mrs. Agee expressed concern over the problems of traffic enforcement at Stonegate because of private driveways and Individuals blocktng the driveways with their automobiles or trucks. She questioned whether one day there would be a change in the law as it pertains to what condos can do with their driveways to the extent that the Police could be called to talk to the offenders. Chief Oatzman, Police Dept., related this matter to the eehtcle code and requested clarification from the City Attorney. City Attorney Noonan explained that condos are considered private ways and said he would research the matter for possible solutions. Mayor Mt rtl suggested Mrs. Agee contact the Echo Association to see if they could provide some answers or guidelines. ITEMS FROM STAFF Ot rector of Co~munt ty .Development Dell'Angela atated that the latest world received from the County on the 2/20/80 Page 10 ITEMS FROM STAFF 13. Report on the proposed N~ncy Nutting Drug Rehabilitation Center. - Cont. 14. Review of the Civic Center Improvement Plan. (TF-1046) 15. Reconsideration of the Sierra Assessment District. ITEMS FROM COUNCIL Councilman Borba: (TF-1103) ITEMS FROM STAFF application on the Nutting property was that the Hearing will be held March 7 or March 21, 1980. A letter was sent to the County raising certain questions on the proposed use, which is a drug rehabilitation center, and whether the use should be allowed in a single family zone and requested an E.I.R. on the proposed use; and that the Hearing be held at night in South San Francisco. The County was informed that there were 400 residents in the area that are concerned about this use and would be down to protest;the application. He further informed the County that in the near future the Nutting property would be part of the City of South San Francisco and there- for it would be inappropriate to approve this use which the residents oppose. The suggestion was made for the County to contact Mr. Greer and have him withdraw his application for the use permit. Mr. Sylvester Duplessis, Park & Rec., presented drawings on the proposed irrigation plan system for City Hall and explained where the sprinklers would be installed and the attendent costs. He explained that the plans were complete but it would be another several weeks before the specs would be finished to go out to bid. Council commended Mr. Duplessis on his work and said they looked forward to the beautification of City Hall grounds. City Manager Birkelo requested this item be carried over to a Study Session when additional information will be available. So ordered. ITEMS FROM COUNCIL Expressed concern over the flooding on the golf course because of the building of a 39 unit apartment. 2/20/80 Page 11 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilman 6orba) (TF-1149) Counct lean Oamonte: Executive Sesst on: RECALL TO ORDER: ADJOURNMENT: (TF-1183) ITEMS FROM COUNCIL Otrectof of Publtc Services Yee informed Council that he had contacted the two property owners and that it was really between themselves as to the action to be taken. Expressed concern over the potentiel building of homes on the south slope ol the mountain side and mentioned the problems Southern California was havilg with homes sliding from erosion. Councilman Oamonte stated that on the east slope there +s,erosion and the homes are built on the brink of the mountain and there are likely to be problems. Mayor Mtrri stated it would be a good idea to review some of the but 1ding standards. Councilwoman Teglia suggested discussing this item at the meeting with the Butldtng and Planntng Oepartment. Related that there was a deepening depression in the paeement just before you get to the turnoff on Westberough and Juniper Serra and asked for a report to be given on the condition. Counctl adJoummed to an Executive Session at 11:30 p.m. ~e,,Beettng was recalled to order at 11:58 p.m., all Council present, no action takea. M/S Teglta/Oamonte - That the meeting be acUourned. Carried by unanimous voice vote. Time (f adjournment: 12:00 a.m. 2/20/80 Page 12 AGENDA ACTION TAKEN 122 RESPECTFULLY SUBMITTED, APPROVED: Barbara A. Battaya, City CYerk City of South San Francisco Terry J. M$~ri?~yor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral presentations, 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 available for inspection, review and copying. 2/20/80 Page 13