HomeMy WebLinkAboutMinutes 1980-02-27Mayor Terry J. M!rri
Vice Mayor Ronald G. Acosta
Council:
William A. Borba
Emanuele N. Damonte
Roberta Cerri Teglia
M I N U T E S ~'?-~
CITY COUNCIL
EL CAMINO HIGH SCHOOL LITTLE THEATER
February 27, 1980
NOTICE IS HEREBY GIVEN, pursuant to the Government Code of' the State of
California, that the City Council of South San Francisco will hold a Special
Meeting on Wednesday, February 27, 1980, at 7:30 p.m., in the E1Camino High
School Little Theater, 1320 Mission Road, South San Francisco, California.
Purpose of Meeting:
1. Appeal of UP-79-524, Guadalupe Health Center at Avalon School.
Appeal of UP-79-524, Traffic Violations School at Avalon School.
Terry J. Mirri
Terry J. Mirri, Mayor
City of South San Francisco
Dated: February ll, 1980
AGENDA
Special Meeting
CALL TO ORDER (TF-O01)
PLEDGE OF ALLEGIANCE
1. Public Hearing - UP-79-524
Staff Report 2/27/80 - recommending
disapproval of the Use Permit for
the establishment of the Leo J.
Ryan Teen Health Clinic at Avalon
School.
Vice Mayor Acosta steps down from
the podium.
ACTION TAKEN
Special Meeting
7:35 p.m.
Council present:
Mayor Mirri presiding.
Acosta, Borba, Damonte
Teglia and Mayor Mirri.
Reci ted.
City Manager Birkelo explained that the
first item was the Appeal of the
Guadalupe Health Center, Leo J. Ryan
Health Clinic at Avalon School. There
is a staff report recommending disapproval
of the Use Permit for the establishment
of the Leo J. Ryan Teen Health Clinic
at Avalon School.
Due to a possible conflict of interest,
Vice Mayor Acosta stepped down from
the podium at 7:39 p.m. and did not
participate.
2/27/80
Page 1
AGENDA ACTION TAKEN
1. Public Hearing - Continued.
(TF-O035)
Public Hearing Opened.
(TF-O086)
John Moran, Esq. questioned Councilman
Damonte taking part in the Hearing
discussion because he is an employee
of the School District and has an
apparent conflict of interest.
City Attorney Noonan stated there was
not a conflict of interest, financial
or otherwise, by reason of being paid
as a School District Principal. However,
if Councilman Damonte thinks he will
be biased by his relationship with the
School District then he should dis-
qualify himself.
Councilman Damonte stated he was not
in a policy making position and felt
there was no conflict of interest in
his capacity as Principal.
Mayor Mirri declared the Public Hearing
open stating that the Appellant would
speak first and those against the
Appeal will speak second.
Director of Community Development
Dell'Angela explained there were four
major reasons that made up the reco-
mendation by Staff of disapproval of
the Use Permit: 1) That the proposed
use will be detrimental to the health,
safety, peace, morals, comfort and
general welfare of persons residing
or working in the neighborhood; 2)
The proposed use will be detrimental
and injurious to property and improve-
ments in the surrounding area; 3)
The proposed use will be injurious to
the general welfare of the City and;
4) The proposed use is not compatible
with uses located in the surrounding
area.
M/S Teglia/Borba - to incorporate the
minutes of the Planning Commission
meeting and that material relative
thereto.
Carried by unanimous voice vote.
Mr. Bruce Webb, Executive Director of
Guadalupe Health Center, spoke on behalf
of the Health Center. He presented a
petition containing 800+ signatures of
2/27/80
Page 2
AGE'N'D A A_C_TI__ON TA K E N 12G
l. Public Hearing - Continued
(TF-O164)
(TF-0207)
residents 'in South San Francisco
requesting approval of the Use Permit.
He further explained that the findings
of the Planning Commission have been
a series of conclusions rather than
fact and read into the record a letter
he had received from Senator John
Francis Foran. He reminded the Council
of the large contractural obligations
Guadalupe has tied up with the Avalon
site and the positive social and
economic benefits the teen clinic
could provide for the City.
Mr. Richard Blyfield, Vicar of Saint
Elizabeth's Episcopal Church, spoke
in support of the Guadalupe Health
Center and stated that he felt the
Center presented no moral deterioration
to the community.
Dr. Bruce Betts, Clinical Psychologist
and Director of Mental Health at
Guadalupe Health Center, spoke on
behalf of the staff that would,serve
the needs of the community and commended
their dedication and commitment to the
problems of young people.
Mr. Jim Bernard, Psychiatric Social Worker,
said what is being offered the City is
a program of services to a chronically
under serviced population of adolescents
who frequently do not seek the services
because of the prohibitive cost of those
services and Guadalupe's services are
offered free.
Dr. Samuel Herwitz, Medical Director of
Guadalupe, urged approval of the Use
Permit to avail the youth and low
income families a chance for preventive
care.without charge.
Mr. Ralph Jacobson, Attorney for Guadalupe
Health Center, spoke in favor of the
Health Center and stated that denial
of the Use Permit would constitute an
abuse of discretion by the Council.
He continued with a rebuttal of the
findings by the Planning Commission.
2/27/80
Page 3
1. Public Hearing - Continued.
(TF-0252)
(TF-0352)
Mr. Jacobson continued by stating that
the Council had given Guadalupe Health
Center Revenue Sharing Funds in the
amount of $10,000 to further this
project and spoke of public entity
estoppel.
Mrs. Louise Marsden, 2318 Tipperary,
spoke in support of the health center.
Ms. Cathy Murray, Adolescent Coordinator
for Guadalupe, spoke in favor of the
Center and said it is a preventative
approach to medicine and not a rehabili-
tation center.
Mr. Paez, General Contractor, said he
was familar with the work the Clinic
does and spoke in support of the
project.
Mrs. Edna Robertson, 134 Nanetta Ave.,
said that many people are concerned
this project is going to bring in
drug addicts and alcoholics and
rebutted those concerns.
Dr. David Schwartz, Chief of Children's
Youth Services of San Mateo County
Mental Health, spoke of South San
Francisco's needs for mental health
and counseling services for the
community which Guadalupe can provide.
Mayor Mirri concluded the Appellant's
opportunity to speak and invited anyone
to speak in opposition to the Appellant.
Ms. Joy Ann Windler, 321 Granada Dr.,
spoke at length on the community's
involvement before decisions are made
about school closure or the use of
surplus space, thus avoiding community
conflict and assuring building use
that is compatible with the community's
needs. She stated that two years ago
when the school was closed, 500
signatures were obtained to have the
school board refrain from leasing the
school to any enterprise that would.
result in increased traffic and alter
the character of the neighborhood.
2/27/80
Page 4
AGENDA ACTION TAKEN 128
1. Public Hearing - Continued.
(TF-0540)
(TF-0586)
(TF-0622)
Mrs. Windler stated that the petitioners
were assured that the School Board
and their Administrators would notify
the residents on any proposed leases.
The residents firmly believe that the
location of the health clinic in the
school is adverse to the public health,
safety and general welfare of the
surrounding community. She further
stated great concern for the safety
of the children due to the increased
traffic.
Mrs. Lillian O'Rourke, 264 Country Club
Drive, stated that the residents of
Country Club Park totally endorse
everything that Mrs. Windler has said.
She stated concern with the approval
of this project to the elderly at
Rotary Plaza in that they are easy
prey and can be victimized by the
people this project would bring into
the neighborhood.
Mr. Roy Latham, 495 Holly Ave., stated
that the Citizens Action League of
Sunshine Gardens is opposed to the
granting of this permit.
Mr. Carl E. Lambert related an incident
involving his son in 1975 wherein the
son was given LSD in the Avalon Park
area and has been in a mental institution
ever si~nce. He agreed with the need
for a health center but said it would
be better if it was located on Grand
Ave. and Spruce rather than in a
residential area.
Mr. Larry Casey, 363 Forrestview Dr.,
gave credence to having a Guadalupe
Center but felt it should not be
placed in a residential neighborhood.
Mr. Harold Molumby, 311 Granada Dr.,
was concerned that the School District
Administration chose to ignore the
neighborhood's concern in favor of its
own desires to get the property rented.
He questioned why the Planning Department
had not taken traffic surveys, police
reports and projections of problems
and solve those problems of health,
safety and general welfare.
2/27/80
Page 5
AGENDA ACTION TAKEN 129
1. Public Hearing - Continued,
(TF-808)
Invitation for Rebuttal:
(TF-861 )
Mr. Molunty was distressed that
Senator Foran wrote a letter to the
City Council supporting the Use
Permit for Guadalupe without reading
any of the editorials denouncing the
Use Permit location. He further
stated that the Director of Guadalupe
Center since 1979 was concerned with
the safety of the clinic's female
employees and considered hiring a
security guard. He continued, the
clinic would be the target of drug
related burglaries because people
would believe that drugs were stored
on the premises. He requested the
neighborhood be kept as a low density
residential neighborhood to protect
its unique characteristics.
Mr. Anthony Valine, 445 Alta Vista, Dr.,
expressed dismay at the amount of
traffic flowing through the Avalon
Park area which was attrubitable to
the health center if the Use Permit
was approved.
Mayor Mirri invited the Appellant
to speak in rebuttal.
Mr. Webb stated the clinic had done
nothing illegal and said the site was
appropriate for rendering health
education in rebuttal to previous
testimony. He stated that the
Planning Commission's staff report
stated that a traffic impact study
of the Guadalupe site would be
minimal.
Ms. Cathy Murray stated that at the
Planning Commission meeting the Center
was told not to operate but did not
tell the Center to discontinue
construction. She rebutted the
concerns of the residents about
narcotics and stated there would not
be any on the premises.
Mayor Mirri invited those opposed
to the Appellant to speak in
rebuttal.
2/27/80
Page 6
1. Public Hearing - Continued.
(TF-953)
(TF-993)
(TF-IO04)
Mr. John Proudy, 454 Corrido, stated
he was concerned about drugs in
connection with the Center and the
traffic accidents because of the
increased congestion on the streets.
Mr. Dick Battaglia, 371 Valencia Dr.,
said the Center stated there would
not be any drug related activity and
they are to treat people for drugs
and alcoholism. Treating a person
for drugs is a drug-related activity.
With more and more schools becoming
vacant, he suggested that the School
Board put the pieces of property back
into the private sector and on the
tax rolls.
Mr. A1 Revens, 461 Granada, questioned
whether the City Council is responsive
to the vast majority of the community
that is effected by this Center?
Mayor Mirri declared the Public
Hearing closed.
M/S Borba/Teglia - To disapprove the
Use Permit for the establishment of
the Leo J. Ryan Teen Health Clinic
based on the findings from one to four
and that number five, the proposed
use will cause traffic congestion and
safety problems in the area; six,
the establishment of said use will
potentially have an adverse effect
on property values; seven, the
approval of said use will establish
an undesirable development precedent
and cause additional institutional
facilities to be located in this same
area in the future contrary to the
goals and general plan of the City;
eight, the proposed use has the
potential to create social and police
problems in the area.
Councilwoman Teglia stated that $5,000
of Revenue Sharing Funds was for the
on-going program in Daly City, also
that year an additional $5,000 was
given and earmarked as a one-time only
grant to assist in the renovation
expenses. She stated that the City's
granting of the funds was not dependent
2/27/80
Page 7
A G E N DA A CT I O N TA KE N 1~
1. Public Hearing - Continued.
(TF-1167)
RECESS: (TF-1216)
on the fact that the Center was to
be located at the Avalon site. She
continued that if the building permits
had been applied for as they should
have been prior to the construction
the building department would not
have issued a building permit
without going to planning for a
clearance. The public would have been
notified, there would have been a
hearing.
Mr. Webb stated his contract stated
$10,O00, five for construction and
$5,000 for use of the programatic
uses at Avalon site.
An in depth discussion followed on
covenants and restrictions that had
racial overtones; creditionals of
the Guadalupe staff; area of the
project impact; number of people
to be served by the program.
Councilwoman Teglia stated for the
record that under the general object-
ives of the General Plan, page 6,
under living areas, there are objectives
that deal with what the City wants their R1
areas to be and how they absolutely
have to be protected from mixed uses
which then bring on blight.
Councilman Damonte stated he was
concerned about the construction being
carried on after the Planning Commission
had advised the Center to stop. He
said he did not understand Why this
issue was being forced upon the resi-
dents when they didn't want the Health
Center at that location. He suggested
relocation to a site more suitable
for the operation which was needed in
South San Francisco.
Mayor Mirri called for a roll call
vote.
The motion carried by unanimous roll call
vote.
Mayor Mirri declared a recess at
10:55 p.m.
2/27/80
Page 8
A G E N DA A C T I O N T A KE N 159~
RECALL TO ORDER:
(TF-1227)
Public Hearing - UP-79-524 Traffic
Violator School at Avalon School.
Staff Report 2/27/80 - recommending
approval of a Use Permit to establish
a Traffic Violator School at the
Avalon School.
(TF-1262)
(TF-1328)
(TF-1343)
Mayor Mirri recalled the meeting to
order at ll:15 p.m. All Council
present with the except of Vice Mayor
Acosta.
Mayor Mirri declared the Public Hearing
open.
Director of Community Development
Dell'Angela recommended that the
Council approve the Use Permit to
establish a Traffic Violator School
at the Avalon School and cited the
findings of the Planning Commission.
He further stated that the school has
been in operation for one year and
during that period Staff had not
received any complaints from the
area residents regarding this use.
An opinion obtained from the City
Attorney stated that the use is quasi
public rather than commercial in
nature and can be permitted.
Mayor Mirri invited the Appellant
to speak and all those in favor of
disapproval of the Use Permit.
Mr. Harold Molumby, 311 Granada Dr.,
spoke for the Avalon Homeowners Association
and opposed the Planning Commission's
approval of a Use Permit for Ron Acosta's
Traffic Violator School at the Avalon
Site. He continued, the Association
objected to a business for profit
being placed in the middle of a
residential neighborhood when there
where many commercial buildings
available to rent or lease that would
better suit the traffic school's needs.
Mr. Otto Mont Eton, 226 Country Club Dr.,
objected to a business for profit
being placed in a residential neigh-
borhood.
John C. Moran, Esq. questioned the
use of zoning an R-1 if the City is
not going to protect that zone and
allow it to erode away. He stated
that if the Use Permit is not revoked
the City is allowing the appearance
if not the substance to exist of
impropriety to continue:
2/27/80
Page 9
AGENDA ACTION TAKEN 122
2. Public Hearing - Continued.
(TF-1438)
(TF-1453)
John C. Moran, Esq. continued, he
suggested that within reasonable time
Mr. Acosta must find other space for
these classes.
Mr. Butler, 235 Country Club Dr.,
was concerned that a Councilman was
in this type of a situation and
felt he should know better.
Mayor Mirri invited those in favor
of the Use Permit's approval to speak.
Mr. Ronald G. Acosta, 276 Country Club
Dr., stated he has been in the field
of public safety for 25 years, 9 years
as a Fireman for the City of South San
Francisco, 8 years as a California
Highway Patrolman now retired, 5 years
in the trucking industry as a safety
director, presently employed by
Transport Indemnity Co. as a safety
engineer. He stated he was a practicing
safety administrator and had a private
investigators license and an electrical
contractor's license. He stated he
was upset whenever his integrity was
impugned and felt Mr. Moran should
know better because he had worked with
his brother. He stated he had been an
instructor for the County of San Mateo
for 16 years and had started teaching
juveniles to make them better drivers.
In the 1960's he had been asked to
teach adults and classes were opened
here in the Northern Court of South San
Francisco. In November of 1978 San Mateo
County decided it was going out of
business because of two laws which so
state that the Court could no longer
assign the defendant to their choice
of schools, the defendant has the
choice of schools and the Court could
no longer collect the fees other than
a $5.00 administrative fee. All
traffic schools must be accredited and
certified by the Department of Motor
Vehicles before they are allowed to
teach. He stated he started by holding
one class at the Library last November
but thought it improper to use the
Orange Avenue Library and asked the
2/27/80
Page 10
AGENDA ACTION TAKEN 124
2. Public Hearing - Continued.
(TF- 1562)
(TF-1747)
(TF-1824)
United School District to teach under
their auspices and taught at the
Martin School. He was advised that
there was a possibility of leasing
a room at Avalon and stated he was
required to pay 20¢ a square foot
for the usage of the room when the
Park & Recreation Department paid
10¢ a square foot - $200.00 a month
rent without janitorial service,
and supply his own projector, film
and liability insurance. He stated
he had not made a profit last year,
instead he had lost money by providing
the service to the community. He
further expounded on the certification
that must be given to the Court and
the record keeping for each student
in the school.
Mr. Joe Mathewson, 378 Valencia Dr.,
asked what the decision would be if
the Council vote is split?
City Attorney Noonan stated that a
2 to 2 vote would fail to carry and
the permit has not been denied and
the appeal has not successful.
Mayor Mirri closed'the Public Hearing.
An in depth discussion followed on
the repercussions of a 2 to 2 vote.
In response to questioning Mr.
Acosta stated he had not been charged
by the West Orange Ave. Library while
he taught there and he had gone to
the School District to rectify the
condition.
A discussion followed on the dollar
amount of the rent; the Head-Start
Program; the re-use of the Library
for the traffic school; other
schools leasing out rooms.
M/S Borba/Damonte - To deny the Use
Permit and grant Mr. Acosta up to
six months for relocation of the
school.
Mayor Mirri called for a roll call vote.
2/27/80
Page 11
AGENDA ACTION TAKEN 125
2. Public Hearing - Continued.
ITEMS FROM COUNCIL
RECESS:
RECALL TO ORDER (Side 2 TF-O001)
Executive Session:
RECALL TO ORDER:
ADJOURNMENT
RESPECTFULLY SUBMITTED,
The motion carried by majority roll call
vote, Mayor Mirri voting nay.
Councilman Borba requested a report from
the Chief of Police on the County's
denial of signs on Hillside as requested
by the citizens group.
Mayor Mirri declared a recess at
12:30 a.m.
Mayor Mirri recalled the meeting to
order at 12:35 a.m. All Council
present.
Council adjourned to an Executive
Session at 12:36 a.m.
The Meeting was recalled to order at
1:00 a.m., all Council present, no
action taken.
M/S Acosta/Damonte - That the meeting
be adjourned.
Carried by unanimous voice vote.
Time of adjournment: 1:02 a.m.
APPROVED:
Barbara A. Battaya, CiY~y Clerk
City of South San Francisco
Terry J~. ~irri, Mayor'
City of S~6uth 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.
2/27/80
Page 12