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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