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