HomeMy WebLinkAboutMinutes 1980-03-05Mayor Terry J. Mi rri
Vice Mayor Rona!d G, Acosta
Council:
Wil 1 iam A. Borba
Emanuele N. Damonte
Roberta Cerri Teglia
M__I__N U T E S
CITY COUNCIL
W. Orange Avenue Library Auditorium
March 5, 1980
A G E N D A
Regular Meeting
CALL TO ORDER: (TF-OO1)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
City Manager Birkelo Requested:
- Executive Session following the
meeting to discuss labor relations
and litigation.
- Continue Item No. 6, as the
clerical work has not been com-
pleted, to Thursday, 3/6/80, at
5:00 p.m. with an Executive
Session following the meeting.
- Move Item No. 10 to Item No. 3A.
CONSENT CALENDAR
1. Claim as filed by Linda M. Lopez
on behalf of Hospital Forms
Services, Inc. alleging damages as
a result of flooding caused by the
Shaw Road diversion. Motion to deny
and refer to the City's Insurance
Adjuster and to the Office of the
City Attorney. ~_~~
2. Staff Report 3/5/80 - recommending
a Public Hearing date be set for
3/19/80 to hear the appeal of
UP-79-531 South City Ford.
ACTION TAKEN
Regular Meeting
8:00 p.m.
Council present:
Council absent:
Mayor Mirri presiding.
Teglia, Borba, Acosta
Damonte and Mayor Mirri
None.
Recited.
Mr. Andrew Macon, 1419 Fulton Street,
San Francisco stated that it appeared
that the audience does not understand what
Ge Redevelopment Agency and Allstate is
all about and what they intend doing.
AGENDA REVIEW
So ordered.
CONSENT CALENDAR
Denied and referred to Insurance
Adjuster and to the office of the
City Attorney.
Approved.
3/5/80
Page 1
AGENDA
ACTION
TAKEN
137
CONSENT CALENDAR ' continued
APPROVAL OF BILLS
3. Regular Bills of March 5, 1980.
CITY ATTORNEY
Staff Report 3/5/80 - recommending
adoption of a Resolution authorizing
destruction of records more than
5 years old per Government Code
Section 34090.
A RESOLUTION APPROVING DESTRUCTION
OF CERTAIN RECORDS OF THE CITY
ATTORNEY'S GOVERNMENT CODE SECTION
34090
(TF-O036)
ITEMS FROM STAFF
3a. Report on Hillside Blvd. stop sign.
CONSENT CALENDAR - Continued
M/S Acosta/Teglia - Consent Calendar
be approved. Carried by unanimous
voice vote.
APPROVAL OF BILLS
Councilman Borba recited the list of
bills he wished to be deleted because
he does business with these firms.
M/S Borba/Damonte - To approve bills
not deleted. Carried by unanimous
voice vote.
M/S Acosta/Damonte - To approve deleted
bills. Carried by majority voice vote.
Councilman Borba did not participate
in the vote.
CITY ATTORNEY
City Attorney Noonan explained that
the Government Code permitted des-
truction of records that are no longer
needed or are five years old or
older, However this does not include
Court records, title to real property
required to be kept by statute. If
there is a two year destruction date
then the City is required to record
the records on microfilm. The City cannot
destroy minutes, Resolutions or any
legislative record. The City is
asking to destroy records of Dog
Ordinance Citations, some going back
to the 1960s.
M/S Borba/Damonte - That the Resolution
be adopted.
RESOLUTION NO. 15-80
Carried by unanimous voice vote.
ITEMS FROM STAFF
Mayor Mirri explained that because
of the number of interested parties
in the audience this item had been
moved from Item No. 10 to be heard
earlier to accommodate those
interested.
3/5/80
Page 2
AGENDA
ITEMS FROM STAFF
3a. Report on Hillside - Cont.
(TF-O061)
(TF-O114)
ACTION TAKEN
138
ITEMS FROM STAFF
Director of Public Services Yee stated
that this was the request for stop signs
at Hillside and Carney and Hillside and
Irving by the Paradise Valley League.
He further stated that the problem lay
in the fact that half of Hillside
belongs to the County and the other
to South San Francisco. The County
after many meetings with the residents
was still reluctant to put up the
stop signs and further appeal by the
residents was being considered.
He further stated that he felt the
stop signs would be a solution to the
problem on Hillside and recommended
to the County they be put up.
Mr. Walter Hoeser, lO19 Hillside Blvd.,
stated that Mr. Yee had sent a letter
to Mr. Young, County Engineer,
requesting these stop signs and
Mr. Young sent a letter back
rejecting the stop signs. A meeting
was then arranged with Mr. Young
and traffic statistics were presented
to the effect that Mr. Young:stated
he would reconsider establishing the
stop signs. He continued, a meeting
on Hillside was arranged with Mr. Young
for him to see the traffic problems
that have led to many fatalities.
Ms. Jane Lee, 1321 Hillside Blvd.,
stated that Police Chief Datzman had
given the League a letter supporting
the stop signs and she requested a letter
from Council in support of the stop
signs.
Mayor Mirri said Council would be
happy to formalize a letter in
support of the stop signs.
Councilwoman Teglia suggested that
the citizens contact the Board of
Supervisors, indicating that their
support would carry more weight than
Council's in support of their cause.
Vice Mayor Acosta asked Mr. Yee if
there was a separation on Hillside
where any part of that roadway belongs
to the City.
AGENDA
ACTION TAKEN
139
ITEMS FROM STAFF
3a. Report on Hillside - Cont.
(TF-O161)
(TF-O184)
CITY CLERK
Staff Report 3/5/80 - recommBnding
adoption of a Resolution for the
General Municipal Election 4/8/80 -
designating and consolidating pre-
cincts, designating polling places,
appointing precinct election officers
and other related matters.
A RESOLUTION PROVIDING FOR THE HOLDING
OF A GENERAL MUNICIPAL ELECTION IN THE
CITY OF SOUTH SAN FRANCISCO ON THE 8TH
DAY OF APRIL, 1980, DESIGNATING AND
CONSOLIDATING PRECINCTS, DESIGNATING
POLLING PLACES, APPOINTING PRECINCT
ELECTION OFFICERS AND OTHER RELATED
MATTERS
ITEMS FROM STAFF
Director of Public Services Yee responded
that north half of the four lane road
running east and west belongs to the County.
Vice Mayor Acosta explained in detail the
various speed limits on Hillside and
stated they should all be the same.
A discussion followed on the types
of accidents that have occurred and
possible solutions that could be effected.
Councilman Damonte asked if it was feasible
to put stop signs on one direction of
traffic only - would this help the problem.
Mr. Jim Keegan, 1244 Crestwood Drive
suggested a meeting with Council and the
County and the Engineers and also suggested
reduced speed limits.
Police Chief Datzman spoke of the traffic
survey just completed on traffic speeds
that included Hillside Blvd.
Mayor Mirri directed the City Manager to
write a letter to the County expressing
the Council"s concerns on the traffic
conditions on Hillside Blvd. and the
need for stop signs to be erected. He
suggested a copy also be sent to the
residents.
CITY CLERK
City Manager Birkelo explained the need
for the Resolution in the holding of a
General Municipal Election 4/8/80 -
designating and consolidating precincts,
appointing precinct election officers and
other related matters.
M/S Borba/Teglia - That the Resolution
be adopted.
RESOLUTION NO. 16-80
Carried by unanimous voice vote.
3/5/8O
Page 4
COMMUNITY DEVELOPMENT
m
Staff Report 3/5/80 - recommending
adoption of a Resolution authorizing
the Redevelopment Agency of the City
of South San Francisco to designate
a survey area in the general area of
Bethlehem Steel Plant site.
A RESOLUTION OF THE CITY OF SOUTH SAN
FRANCISCO AUTHORIZING THE REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH SAN FRANCISCO
TO DESIGNATE A SURVEY AREA IN THE GENERAL
AREA OF BETHLEHEM STEEL PLANT SITE
EASTERLY OF HIGHWAY 101
CITY MANAGER
e
Staff Report 3/5/80 - recommending
adoption of Resolutions approving
Memoranda of Understanding for Units
IV, V and VI.
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING, UNIT IV -
INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY ENGINEERS
LOCAL #39 AFL CI~-~-~Y~gv
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING UNIT V -
SOUTH SAN FRANCISCO POLICE ASSOCIATION
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING, UNIT VI -
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS OF AMERICA, LOCAL 1507 AFL CIO
COMMUNITY DEVELOPMENT
7. Public Hearing - UP-79-528 (TF-198)
Staff Report 3/5/80 - recommending
that the decision of the Planning
Commission be upheld in denying
UP-79-528 (Patel) for construction of
a 23 unit motel on vacant property on
Airport Blvd. and Pine Ave.
City Manager Birkelo asked if Item No. 9
could be taken next in discussion rather
than hold the attorney over too long.
So ordered.
COMMUNITY DEVELOPMENT
City Manager Birkelo explained that
this Resolution authorized the Redevelop-
ment Agency and an attorney was on hand
to answer any questions.
M/S Damonte/Teglia - That the Resolution
be adopted.
RESOLUTION NO. 17-80
Carried by majority voice vote,
Councilman Borba voted no.
CITY MANAGER
Continued to Thursday, 3/6/80 at
5:00 p.m.
COMMUNITY DEVELOPMENT
City Manager Birkelo read the title of
the Staff Report and said the Director
of Community Development would give a
brief report.
3/5/80
Page 5
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
7. Public Hearing Continued
(TF-0217)
(TF-0319)
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela stated that the Planning
Commission had considered and denied
a Use Permit application for a 24
unit motel at 201 Airport Blvd., a
c-3 zone. He cited the 6 findings
contained in the staff report by the
Planning Commission and stated that
this location would not be appropriate
for a motel and would have a detrimental
effect on the neighborhood.
Mayor Mirri declared the hearing open
and asked that the comments made
earlier in the opening statement be
incorporated into the minutes of the
hearinq as well as the Planning
Commission's proceedings. He invited
the Appellant to present his case
before Council.
Floyd Parms, Esq. representing
Mr. David Patel presented exhibits
of the proposed motel, a 23 unit motel
plus the manager's unit, and rebutted
the 6 findings as presented in the
staff report. He discussed in detail
the client's willingness to cooperate
in changing the landscape plans and
the architectural designs to comply
with the City.
Mr. Perner, 105 Rowentree, Hillsborough,
presented some drawings showing the
architectural designs for the motel
plus the landscaping and proposed
variations to satisfy the Use
Permit and Council's requirements.
Mayor Mirri expressed concern that this
does not follow the hearing process
when from all apparent observations
there is a new proposal being presented
from that which was represented in
the findings.
City Attorney Noonan suggested that
if it is going to go back to the
Planning Commission that Council not
make a determination now in advance
of going back. He stated he would
rather be in the legal position of
3/5/80
Page 6
AGENDA
COMMUNITY DEVELOPMENT
7. Public Hearing
ACTION TAKEN
142
COMMUNITY DEVELOPMENT
having the Planning Commission re-examine
the whole question rather than predeter-
mining.
Mayor Mirri asked how the City Attorney
would suggest procedurally so as
legally not to entangle this matter
which might develop confusion and
misunderstanding.
City Attorney Noonan recommended
sending the matter to the Planning
Commission for further proceedings
and submittal of new designs. He
further cited the alternatives open
to Council and stated it is in the
City's interests to let the whole
question remain open if it is going
back for redesign. If Council is
not going to go for redesign, then
the conditions should be defined.
Mayor Mirri asked direction on closing
the Hearing.
Councilman Borba spoke in favor of
acting on the Appeal to either accept
or deny the Appeal. He expressed
concern that the report states that
the project is adverse to the public
health, peace, comfort, safety and
general welfare and morals of persons
residing or working in the surrounding
area.
Mayor Mirri closed the Public Hearing.
M/S Teglia/Damonte - To send this
matter back to the Planning Commission
and explore the following areas:
1) The issue of compatibility and mixed
uses, the issue of a new motel in an
area with bodyshops. 2) Answer questions
with respect to some of the photographs
that show other motels in the area;
when were the motels established, and
any current history on how they function.
Councilman Borba stated he would like to
see this Appeal denied and cited his
earlier reasons.
3/5/80
Page 7
AGENDA
ACTION TAKEN
COMMUNITY DEVELOPMENT
7. Public Hearing Continued
RECESS:
RECALL TO ORDER: (TF-0462)
Staff Report 3/5/80 - recommending a
Public Hearing date of 3/19/80 be set
for the Appeal letter of Country Club
Park Committee against SA-78-49
Rodney Catalano (Rare Earth).
COMMUNITY DEVELOPMENT
Vice Mayor Acosta stated that if Council
sent this matter back the Planning
Commission must make the same findings
and come back to Council. He
suggested making a decision and not
passing the buck.
An in depth discussion followed on
the General Plan, cosmetic changes
in the proposed motel, whether or not
this is an appropriate use; whether
there was evidence to support the
Planning Commission's findings in the
event of a lawsuit.
Mayor Mirri called for a voice vote.
Carried by majority voice vote,
Councilman Borba and Vice Mayor Acosta
voting no.
Mayor Mirri declared a recess at
9:35 p.m.
Mayor Mirri recalled the meeting to
order at 9:45 p.m., all Council present.
Vice Mayor Acosta stepped down from
the podium at 10:46 p.m. and did not
participate in the discussion.
City Manager Birkelo read the title
of the staff report.
Councilman Borba asked if this item had
come up before and whether Mr. Catalano
was licensed as a developer in 1978.
City Attorney Noonan questioned whether
there was time to publish to comply
with the 10 day deadline.
Mrs. Elaine Stevenson stated the attorney
for the Country Club Park residents
would not be available on the 19th.
City Attorney Noonan explained that the
request for Appeal is directed more at
the final map and the Appellants by
their appeal intend to explore more
than the final map. He continued,
that the only legal way the matter can
3/5/8o
Page 8
COMMUNITY DEVELOPMENT
8. Staff Report - Continued.
ITEMS FROM STAFF
l l. Report on Nancy Nutting School.
(TF-540)
A RESOLUTION OPPOSING USE PERMIT
APPLICATION FOR THE DRUG REHABILI-
TATION FACILITY AT 355 DORADO WAY
AND 350 ALTA VISTA DRIVE (NANCY
NUTTING PROPERTY)
COMMUNITY DEVELOPMENT
be addressed would be in a Public Hearing
before the Council because the Council
will have to listen to the evidence and
make some findings as to whether or
not the final map should or should not
be approved. In any Public Hearing
the matter must be noticed 10 days
before the Hearing.
City Manager Birkelo suggested waiti
before setting the 19th or April 2ndndates
g
until it is determined whether it can
be published tomorrow for the earlier
date.
Councilwoman Teglia suggested the
April 2nd date in order that the
Appellant's lawyer can be present at
the Hearing.
Mayor Mirri directed this item be
adjourned until tomorrow when a date
could be determined for the Hearing.
Mrs. Stevenson questioned if there
was jeopardy in the time elements by
any City Ordinance to the Country Club
residents.
City Attorney Noonan stated there
would not be because of this delay.
Mayor Mirri requested the City Attorney
to contact the Country Club residents'
attorney tomorrow after the Public
Hearing date had been decided.
The adjourned meeting would be at
5:00 p.m. at City Hall.
ITEMS FROM STAFF
M/S Damonte/Acosta - To submit this
report to the County as written.
Councilman Borba asked if LAFCO was
still working on this property.
Director of Community Development
Dell'Angela stated that LAFCO was
still working on an annexation to the
City of which the Nutting property is
a part.
3/5/80
Page 9
AGENDA ACTION TAKEN 145
ITEMS FROM STAFF
11. Report on Nancy Nutting School -
Con ti nued.
(TF-567)
ITEMS FROM STAFF
Director of Community Development
Dell'Angela explained that the County
has received an application from the
Community Services Center of Health
to establish a drug rehabilitation
center. LAFCO has taken a position in
opposition to the permit or at least
for the County to delay this until the
summer when annexation will go through.
However, the County feels they must
move and provide a Hearing for the
applicant and a decision. He stated
that Mr. William Moore who represents
the applicant is here and available
for questioning before the Council
votes on this issue.
Mrs. Stevenson asked the Director
of Community Development if he had
spoken to the Board of Supervisors
because she had as a representative
of Country Club Park's residents.
She stated the residents were not
asking for a delay on the Hearing but
a delay on the decision. LAFCO told
the residents they had no choice they
were going to annexed into South San
Francisco and stated it was not fair
for the County to hear any Use Permit
affecting an area that is going to be
under South San Francisco's jurisdiction.
She requested some type of reaffirmance
from Council that'the residents could pre-
sent to the Board of Supervisors at the
next meeting.
Councilwoman Teglia stated that the
report recommendation was to adopt a
Resolution recommending to the San
Mateo County Planning Commission that
the Nancy Nutting Use Permit Application
be denied and asked if this was enough
for the residents to use.
Mrs. Stevenson stated that the residents
were asking that the County not give
consideration to any use permit.
Mayor Mirri stated this was not the
issue before Council and that it should
be brought up under Good and Welfare
for consideration.
3/5/80
Page 10
AGENDA
ITEMS FROM STAFF
ll. Report on Nancy Nutting School -
Continued.
(TF-582)
ACTION TAKEN
ITEMS FROM STAFF
M/S Damonte/Acosta - To adopt the
Resolution recommendinq that the
San Mateo County Planning Commission
deny the Nancy Nutting Use Permit
Application for drug rehabilitation.
Mr. Harold Molumby, 311 Granada Dr.,
representing the Avalon-Brentwood
Homeowners Association stated appreciation
for Mr. Dell'Angela's staff report
which stated so aptly the concerns of
the residents of the area. He presented
for the record a petition of 738 names
from the residents of Brentwood and
Avalon which will be presented in the
following week to the County Planning
Commission.
Mr. William G. Moore, 81Atherton Ave.,
Atherton, explained that this program
does not use drugs and is not going to
put people on the streets. He explained
that he is the Director of the Center
and stated that the prior use of the
school had been for handicapped children
and felt the new use would be no more
disruptive than the prior use.
Councilman Damonte stated that even
though no one felt this service was
not needed by the community, the
objection was to the location of the
site.
Mr. Moore stated that most all of the
drug centers in Northern California
are located in residential areas
Councilman Borba questioned how South
San Francisco had been selected as the
site of the program and asked if
Hillsborough had a drug center in
a residential neighborhood.
Councilwoman Teglia asked for an
explanation of a "controlled environment"
as applied to the people who are going
to be housed at the center.
3/5/80
Page 11
AGENDA ACTION TAKEN L47
ITEMS FROM STAFF
11. Report on Nancy Nutting School -
Continued. (TF-659)
(TF-688)
12.
Report on cooperative City review
of Airport Joint Land Use Study
Draft Action Plan. (TF-708)
ITEMS FROM STAFF
Mr. Moore responded that the patients
are not allowed to the leave the premises
without being accompanied by someone -
thus producing a controlled environment.
The patients commit themselves to this
program otherwise they are not permitted
to stay.
Mrs. Stevenson expressed concern that
this item was being heard and debated
when Mr. Moore had not even seen the plan
for zoning of this area.
Mr. Larry Casey, 362 Forestview Drive,
questioned whether Mr. Moore had tried
to put this facility in any other
cities in residential neighborhoods.
Mayor Mirri responded that Mr. Moore
had stated he had put them in other
cities in residential areas.
Ms. Joanne Windler, 321 Granada Drive,
stated that in 1973 Delancy Street,
who holds one of the most successful
drug programs, waged a lengthly battle
to stay in Pacific Heights and they
lost and were forced out of the area.
She questioned the professional qualifi~
cations of the people who supervise the
patients on a 24 hour basis. She continued,
that under California law if a person
commits themselves voluntarily they
are able to come and go as they want.
Mayor Mirri called for a voice vote on~
the motion and second.
RESOLUTION NO. 18-80
Carried by unanimous voice vote.
City Manager Birkelo explained that City
Managers from nine cities met to draft a
response to the Joint~Land Use Study that
would represent the views of those cities.
He stated the sum of mitigation on noise
included in that report would not make a
significant reduction in noise problems and
suggested a further study.
3/5/80
Page 12
ACTION ACTION TAKEN
ITEMS FROM STAFF
12.
Report on cooperative City review
of Airport Joint Land Use Study
Draft Action Plan - Continued.
COMMUNICATIONS
13.
Letter from Richard B. Kerwin,
City Manager, City of Brisbane,
request for removal of condition
re: access in prior granting of
extraterritorial jurisdiction.
ITEMS FROM COUNCIL
ITEMS FROM STAFF
He continued, one of the things to be
given further study would be the
design and installation of shielding
devices to protect the southerly
cities such as Millbrae, Burlingame
and Hillsborough from the low frequency
and low sector noises which they exper-
ience now from using runway #1. There
is consideration of lengthening
runway #1 by 1500 to 2400 feet to
provide a chance to remove the treshhold
for takeoffs on runway #1 which would give
the benefit to South San Francisco, San
Bruno and Pacifica. He spoke of the
shoreline departure in great detail and
the resultant problems with noise in the
residential neighborhoods. He expressed
concern over airplanes taking off and
landing over inhabited territory and
effective safety measures being utilized.
He requested Council direct the City
Attorney and City Manager to investigate
establishing a Joint Powers Authority
with the other cities to handle the
problems of airport noise.
Consensus of Council was for the City
Attorney and City Manager to proceed.
COMMUNICATIONS
City Manager Birkelo retraced the
history of the meetings on the Bayshore
Boulevard boundary change and spoke
of a letter requesting that the City
remove the access related condition.
Otherwise Brisbane has no choice but
to proceed without South San Francisco's
portion having the benefit of partici-
pation in the assessment district. He
requested Council make formal request to
Brisbane to take action on the boundary
adjustment, then a formal application to
LAFCO could be made and it would show
the cooperation of both cities on the
boundary adjustment.
ITEMS FROM COUNCIL
Councioman Borba questioned what had
been done after the diverter had been
3/5/80
Page 13
AGENDA ACTION TAKEN .i49
ITEMS FROM COUNCIL
GOOD AND WELFARE
Executive Session:
RECALL TO ORDER:
(TF-988)
ITEMS FROM COUNCIL
removed on Spruce Avenue, were stop
signs or cross walks installed. He
suggested a stop sign be put on the
top and the bottom of the Spruce hill.
Vice Mayor Acosta expressed concern
over the parking areas in Winston
Manor and other shopping areas, that
have fallen into disrepair.
Councilman Damonte spoke of a Disaster
Council meeting he had attended and
the discussion of earthquake preparedness.
Mr. Larry Casey thanked Council for
attending the Sunshine Garden's meeting
the previous night. He stated also
that the City of Colma was proceeding
with zoning plans in the area above
Hillside and Evergreen for commercial
uses. He felt this zoning would turn
into a bad problem for the Sunshine
Gardens residents. He expressed
concern that there had not been noti-
fication of the proposed zoning Ordinance
by Colma to the residents.
Director of Community Development
Dell'Angela stated that he had been
informed that Colma had adopted a
commercial use on that parcel and
still wanted a sewer hook up from South
San Francisco.
Mrs. Elaine Stevenson requested that the
County be approached to not hear any
use permits for Country Club until after
annexation takes place.
Council directed the City Manager to
notify the County on ~he above request.
Council adjourned to an Executive
Session at Il:Il p.m.
The Meeting was recalled to order at
12:05 a.m., all Council present, no
action taken.
M/S Damonte/Teglia - That the meeting
be adjourned to Thursday, 3/6/80 at
5:00 p.m.
3/5/80
Page !4
AGENDA
150
ACTION TAKEN
ADJOURNMENT
Carried by unanimous voice vote.
Time of adjournment: 12:08 a.m.
RESPECTFULLY SUBMITTED,
APPROVED:
Barbara A. Bat~aya, City ~qerk
City of south San Francisco
Terry J. M~i, Mayor
City of SgO~ch 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.
3/5/8o
Page 15