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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