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HomeMy WebLinkAboutMinutes 1980-04-16Mayor Ronald G. Acosta Vice Mayor Gus Nicolopulos Council: Mark N. Addiego Emanuele N. Damonte Roberta Cerri Teglia MINUTES CITY COUNCIL 186 W. Orange Avenue Library Auditorium April 16, 1980 AGENDA Regular Meeting CALL TO ORDER (TF-OO1 Side 2) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo requested: - Motion to acquire portable radios, hear as Item 2la. - Executive Session between Items 9 and 10. - Remove Item No. 2, as it~had been settled CONSENT CALENDAR 1. Claim as filed by Edda M. Moss alleging injuries to her dog as the result of broken glass on public property. Motion to deny and refer to the City's insurance adjuster and to the office of the City Attorney. 2. Claim as filed by Sam Lord, Jr., alleging damages to his vehicle when struck by a City owned vehicle. Motion to deny and refer to the City's insurance adjuster and to the office of the City Attorney. 3. Claim as filed by Joel K. Straus, Attorney at Law on behalf of Anita Rosas alleging injuries sustained as the result of an accident due to faulty road construction. Motion to deny and refer to the City's insurance adjuster and to the office of the City Attorney. 4~-~ 4. Staff Report 4/16/80 - requesting a Motion authorizing the Purchasing Officer to advertise and sell City surplus vehicles by sealed bid in two separate sales. ACTION TAKEN Regul ar Meeting 7:40 p.m. Council present: Council absent: Mayor Acosta presidinf Teglia, Damonte, Nicolopulos, Addiego and Mayor Acosta None Recited. AGENDA REVIEW So ordered CONSENT CALENDAR Denied and referred to insurance adjuster and to the office of the City Attorney. Item settled. Removed from Consent Calendar Approved. 4/16/80 Page 1 AGENDA ACTION TAKEN 187 CONSENT CALENDAR - Continued 5. Staff Report 4/16/80 - requesting a Motion authorizing the Purchasing Officer to advertise for bids for Equipment for Exercise Courses at Orange and Westborough Parks. ~Fi~ 6. Staff Report 4/16/80 - requesting a Motion to award the bid for the Renovation of the City Hall Grounds (Civic Center Irrigation System) to Huetting & Schromm, Inc., for $19,456.00 including tax. 7. Staff Report 4/16/80 - recommending adoption of a Resolution amending the 1979-80 Budget to reflect the agreement of several Memoranda of Understanding the Contracts approved for M. A. G. Consultants, Inc. A RESOLUTION APPROVING AMENDMENT O-l, 1979-80 OPERATING BUDGET Claim as filed by Joel K. Strauss, Attorney at Law on behalf of Anita Rosas alleging injuries sustained as the result of an accident due to faulty road construction Motion to deny and refer to the City's insurance adjuster and to the office of the City Attorney. APPROVAL OF BILLS 8. Regular Bills of April 16, 1980. CITY CLERK Staff Report 4/16/80 - requesting a Motion authorizing the City Clerk's office to advertise for applicants for Boards and Commissions and the recent vacancy on the Park and Recreation Commission due to the election of Gus Nicolopulos as City Councilman. CONSENT CALENDAR - Continued Approved. Approved. RESOLUTION M/S Teglia/Damonte - Consent Calendar be approved. Carried by unanimous voice vote. Councilwoman Teglia questioned whether the obligation for this matter was the County's or the City's. Discussion followed as to the City's obligation. M/S Teglia/Nicolopulos - to deny and refer to the City's insurance adjuster and to the office of the City Attorney. Carried by unaimous voice vote. APPROVAL OF BILLS M/S Damonte/Nicolopulos - To approve bills. Carried by majority vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. Councilwoman Teglia did not partici- pate or vote in the matter of the claim of A1 Martin. CITY CLERK M/S Teglia/Damonte - to approve the recommendation. Carried by unanimous voice vote. 4/16/80 Page 2 AGENDA ACTION TAKEN Executive Session (TF-O046) Council adjourned to Executive Session at 7:50 p.m. RECALL TO ORDER: The meeting was recalled to order at 8:05 p.m.; all Council present, no action taken. CITY MANAGER CITY MANAGER 10. Staff Report 4/16/80 - recommending adoption fo a Resolution accepting and approving the Memorandum of Understanding with Unit 3, Field and Office AFSCME. 11. A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 3, FIELD AND OFFICE EMPLOYEES, REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, AFL- CIO, JULY l, 1979 - DECEMBER 31, 1980. Staff Report 4/16/80 - recommending (1)Waive the reading of the Ordinance in its entirety; 2) Introduce and read for the first time an Ordinance which amends Ordinance No. 449, Section 6, by adding the Class of Apprentice Waste Water Treatment Plant Operator (Unclassified) and 3) adopt the Resolution amending the classification. 1st. Reading/Introduction AN ORDINANCE AMENDING SECTION 6, OF ORDIN- ANCE NO. 449, ADOPTED MARCH 21, 1960, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND RE-ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES" RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN BY THE ADDITION, DELETION AND MODIFICATION OF CERTIN CLASSES. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 34-80 Carried by unanimous voice vote. City Manager Birkelo explained that this would add the classification of Apprentice Waste Water Treatment Plant Operator to the City of South San Francisco Personnel System. M/S Damonte/Nicolopulos - That the reading of the Ordinance in its entirety be waived and that the Ordinance be introduced and read for the first time by reading title only. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - That the Ordinance be introduced by reading title only. Carried by unanimous voice vote. M/S Damonte/Teglia - That the Resolution be adopted. RESOLUTION NO. 35-80 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT 12. Public Hearing - SA-78-49 (Rare Earth) Staff Report 4/16/80 - Appeal of the Planning Commission's decision SA-78-49 Rodney Catalano (Rare Earth) by the Country Club Park Committee. (TF-O079) ~79~/~- Mayor Acosta stepped down from the Podium. 4/16/80 Page 3 A G E N D A COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued ACTI ON TAKEN 189 COMMUNITY DEVELOPMENT - Continued Mrs. Patricia Martinson, 1288 Morn~ ingside Avenue, South San Francisco, questioned Vice Mayor Nicolopulos. She inquired if both his wife and Mayor Acosta's wife were not related and did this not constitute a con- flict of interest on his behalf. Vice Mayor Nicolopulos stated that his wife and the Mayor's wife were distant cousins. He asked City Attorney Noonan for his legal opinion. City Attorney Noonan replied there was no conflict by reason of blood relationship. City Manager Birkelo explained that Item No. 14 under Public Services is related to this item also. It is the adoption of the Resolution approving final map for Rare Earth. He explained that there would be two separate actions required; 1) disposition of the Appeals2) action on the Resolution. Director of Community Development Dell'Angela explained that the Rare Earth Subdivision No. 1 is a five lot single family residential subdivision between Country Club and Taylor Drive in an R-1 zone. The site is vacant with the exception of a single family dwelling which is on proposed lot 5. The Planning Commission had previously approved the tentative map and they approved subject to the conditions of the final map for this subdivision. The City Engineer recommends approval of the final map. He further explained that the City Attorney at a Planning Commission meeting was requested to comment on the effects of the Convenants on this particular sub- division. He was also asked to deter- mine if a condition of the final map could be that the Developer complete the westerly half of the cul-de-sac, an off-site improvement and his opinion, and a copy of his opinion is attached to the Staff Report. Also attached to Staff Report is a supplemental report that outlines the history of annexation, rezoning and subdivision of the pro- perty in the City. 4/16/80 Page 4 AGENDA COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Cont. ACTION TAKEN 190 COMMUNITY DEVELOPMENT - Continued Director of Community Development Dell'Angela further explained to Council that Article 4 of the State Subdivision Map Act mandates that the final map conforms to all requirements of Chapter 3 of the Map Act and Local Subdivision Ordinance it shall be approved. Since all of the above has been met the City Engineer has certified compliance with the approved tentative map as has the Planning Commission. City Attorney Noonan requested that the record show that the Hearing is open. Vice Mayor Nicolopulos declared the Public Hearing open. Mrs. Lillian O'Rourke, 264 Country Club Drive, South San Francisco ex- plained that she was here to oppose the request of a final subdivision map. She stated that no residents of Country Club were notified by either LAFCO or by South San Francisco when the subject property was annexed. She further expressed her concerns that this was a hurried through process so that there would be no time for chal- lenging of this map. Mr. Ronald Brown, 217 Country Club Drive, South San Franciso, explained that the residents of Country Club Park area were residents of a unique neighborhood, with their present one acre and one half acre parcels. He requested that aside from this one parcel which is already annexed to the City of South San Francisco that the remaining parcels remain undivided. He requested Council's consideration t~ help the Country Club residents preserve their neighborhood by denying this proposed subdivision and by setting forth action necessary to change the zoning of this parcel to come under the newly established rural space zoning which the rest of Country Club Park will come under when annexation proceedings are completed. 4/16/80 Page 5 AGENDA COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Cont. ACTION TAKEN 191 COMMUNITY DEVELOPMENT - Continued Mr. Adolph Coruccini, 223 Country Club Drive, South San Francisco. Expressed his concern over there being no open spaces such as Country Club Park in South San Francisco. And requested that Country Club Park area be left as it is. Ms. Vilma Sirovatka, 205 Country Club Drive, South San Francisco, expressed concern about the various parcels being divided and voiced her opposition to the development that is proposed for five homes. Mr. Larry Casey, representing the Citizens Action League of South San Francisco, supported the position of the residents of Country Club Park in the opposition to this development. Mr. Mont'Eton, 226 Country Club Drive, South San Francisco, explained to Council that he and his 73 year old mother were the first,residents of Country Club Park. He expressed strong opposition to the ~ubdivision of parcels in Country Club Park. Mrs. Joanne Windler, 321 Granada Drive, South San Francisco, quoted from an article in Sunday's paper which she had read that a convention of Planners from all over the Country had met in San Francisco, and that one of the most professional men in the country had stated that approximately over the last ten years, planners have made some very serious mistakes in their planning and that those mistakes were hurting people not helping them. She said that there needs to be deep consideration over the subdividing of this area. Ms. Elizabeth Koughan, 296 Country Club Drive, South San Francisco, expressed her feelings that the children of the area needed the exposure of the animals and the open environment. Mr. John Moran, Exa., Attorney for Monaco, Anderline and Finkelstein in San Mateo, representing the Country 4/16/80 Page 6 AGENDA COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued ACTION TAKEN COMMUNITY DEVELOPMENT - Continued Club Park Homeowners Association, informed Council that although the City Planner had advised the Council that the final map approval is merely an administerial act and that in fact they have very little discretion to disapprove it, that is not the law of the State of California or the law of South San Francisco. The law of the State of California states that it must be approved if, and only if, it conforms with all of the conditions and requirement of the Subdivision Map Act and Ordinances in effect at the time of the tentative map approval. Despite the fact that there has been confirmance by the City Engineer that the compliance with the technical requirements are there. There has been no compliance with at least one very important aspect of our own Subdivision Ordinance and that is the Ordinance that requires full disclo~ sure by the Subdeveloper of any prop- osed subdevelopment of all convenants, conditions and restrictions at the time of the application for the tentative map approval, so that the full and complete picture of the area can be taken into effect. He pointed out Section 66458, very distinctly placing the duty on the City Council to approve or disapprove a final map. It doesn't say they must approve, it says they must approve or disapprove. Mr. Moran then read "legislative body shall approve, (it gives some time frame) whichever is later, shal]approve the map if it conforms to all the requirements of this Chapter and any local Subdivision Ordinances appli- cable at the time of approval or condition of approval of the tent- ative map; and any ruling made there- under or if it does not so conform disapproval of the map". Mr. Moran, further stated that there was no public notice of the annexation of the subject parcel. There was no 4/16/80 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued COMMUNITY DEVELOPMENT - Continued public notice of the tentative map approval, there was no notice of that either nor of the rather hastily convened approval meeting of the Planning Commission of that particular application for a tentative map approval. He quoted from Section 6645.45 of the Government Code, which states "Whenever a public hearing is held pursuant to this division, notice of the time and place thereof in- cluding a general description of the location of the subdivision or pro- posed subdivision shall be given at least 10 days before the hearing." That wasn't done in this case. He stated in conclusion that he believed it is Councils duty to reject the final map approval of this project and to let developers know that when they are going to play in the game of development, that they have to play fair that the City Council, the City Staff does not have the resources to do their job for them and they must do the job. They must do it on the square. That did not happen here, Council should not approve the final mapf Vice Mayor Nicolopulos asked if there was anyone else who wished to speak on behalf of the appellants. Mr. Rodney Catalano, representing Mr. James N. Ayoob the present owner of the property at 276 Country Club Park commented to the City Attorney as to the appellants right to appeal the final map. City Attorney Noonan responded that the Statutes of the State of California as he understood them, and the Ordin- ance of the City of South San Francisco does not have a specific provision allowing an appeal or complaint against the final map but that he advised the Council and is still of the opinion that the Council has the right on a complaint or an appeal to waive that appeal and determine 4/16/80 Page 8 ACTION TAKEN i94 AGENDA COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued COMMUNITY DEVELOPMENT - Continued whether it goes to the substance of the tentative or final map. He further stated that he thought it is an inherent right to inquire into the background of an action to determine that it complies with all the statutes and Ordinances. He stated he knew of no specific provision which says: yes, the person who filed the appeal in this case had a right to do it and this Council has a right to hear it. In his opinion, however, he would stand in back of that, you do have a right to conduct a hearing part- iculary in the nature of this pro- ceeding to determine if the actions leading up to the final map where proper. Mr. Catalano then inquired if it was Council's desire for him to rebut the comments that were made this evening which he would attemp~to do and answer some of the questions brought up. However, if that was not necessary he would not go through the trouble. Vice Mayor Nicolopulos asked the City Attorney's opinion. City Attorney Noonan replied that he thought that as in all adversary proceedings there should be a rebuttal. If there is something to rebut with. Vice Mayor Nicolopulos asked Mr. Catalano if that was satisfactory. Mr. Catalano informed Council that he had a letter from Mr. William Costanzo addressed to Mr. John P. Nicora, 27 Capay Circle, South San Francisco who had been the prior owner of the subject property. The letter had stated the contention of the City of South San Francisco that if Mr. Nicora would like to develop this property that he could file for annexation and enc- losed was a map prepared by the City Engineer on how he could subdivide this piece of property and have more than one single family dwelling. Thus indicating that the City of South 4/16/80 Page 9 AGENDA ACTION TAKEN !95 COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued COMMUNITY DEVELOPMENT - Continued San Francisco had been interested in subdividing this piece of property long before his purchasing the prop- erty. He further stated that as far as the notification to the City of South San Francisco the relationship to DC&Rs or any other conditions to the property at the time he filed for annexation of the property through LAFCO which was approved by the Board of Supervisors and annexed to South San Francisco. At that time they were given the necessary docu- ments supporting ownership by Mr. Ayoob, the preliminary title report and negative declaration and other pertinent documents necessary for the annexation. These documents were also forwarded to the City of South San Francisco for their review, they participated in some of the hearings at LAFCO. The City was aware of any deed restrictions at the time. After approval of the tentative map, there were five conditions. One of which was a permanent reflector barricade shall be installed at the west end of Taylor Drive in conformance to the requirements of the City Engineer. Discussion followed as to the date the tentative map had been submitted. Discussed also was the matter of an option of 60 or 30 day delay for the filing of the tentative map. John Moran, Esq., responded that at the time of the Hearing on October 10, 1978, Mr. Costanzo stated to the Planning Commission that the hurry up was based on the hardship in- volved, that was in the transcript he had of that meeting. Further discussion followed on the option for 30 or 60 days delay on the map. Mr. Noonan explained to Council that he does not hava a transcript of the meeting which Mr. Moran is referring to. 4/16/80 Page 10 ^GEND^ ^CT ON T^KE, 196 COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued COMMUNITY DEVELOPMENT - Continued City Attorney Noonan further explained that if a representation was made that an option existed as of September 12, 1978 or October of 1978, he did not see evidence of an option. He saw a deed. City Attorney Noonan further explained that it appeared that the subdivision of this property had begun before Mr. Ayoob or Mr. Catalano. Obviously Mr. Nicora had requested information about annex- ation and development, and that would account for Mr. Costanzo's letter to Mr. Nicora with the attachments. John Mora, Esq., explained that he had information regarding the action of Mr. Nicora, the subject property was at that time the central issue in a dispute in a divorce and in an attempt to raise the value of the property by putting it oh the market and there would be a property settle ment. One or the other of the spouses had talked about what the property would bring in worth by being subdivided. Mr. Catalano in fact testified at a Hearing, of which I have a transcript, before the Comm- issioner of Dissolution of Marriage in Redwood City about the possibili~ ties of this property. City Attorney Noonan responded that the question is whether or not the matters omitted are materials or can be cured by subsequent act. The Subdivision Ordinance requires the existing and proposed DC&Rs be sub- mitted with the tentative map. He stated "I don't know if that was the case here. In this matter I assume that was followed but in one of the transcripts I heard there is an indication that the DC&Rs had not been 'received. I am also under the assumption that there was a title report. But to get to the point the Subdivider should have readily comp- lied with the Subdivision Ordinance. He should have filed the copy of the proposed DC&Rs and a copy of the existing DC&Rs. Apparently he did not do that. I think it is relevant that if he had filed the proposed 4/16/80 Page 11 ^GE,D^ ^CT ON T^KEN 197 COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued COMMUNITY DEVELOPMENT - Continued DC&Rs, I question whether a Commissioner could have denied a map based upon those DC&Rs." City Attorney Noonan recommended to Council that if they decided to approve the final map on the conditions re- commended by the Director of Community Development and the other Departments~ if they come to that decision the ultimate thing to do is to require an added condition that the final map reflect an endorsement that the DC&Rs of the date recited in the DC&Rs affecting Tract No. 541 may show an interest of those who have benefited under the covenants and restrictions. That puts the Developer in the position of having to go to court and clear title and there he meets head on with the owners of the property. The Court can go several ways. The bottom is all the material we are talking about as to whether the map is valid or invalid or has not been complied with or has been complied with falls on that one point. This is an eventual contest here as to whether the covenants are right or not and if Council finds that it is going to approve the final map then the applicant will have his right to take us to Court and then we meet him there with the property owners. He stated it seemed like to him it would be better to go in with the endorse- ment than not and that was his recommen- dation. Councilman Damonte questioned what the endorsement refers to. City Attorney Noonan explained that if the Council finds, based on what it has heard, that it can approve the map on all of the conditions set forth in the records of Community Development and other Departments but adding additional conditions, that the map bear the endorse- ment showing the contingent interest, possible interests of the beneficiaries of these DC&Rs. He stated he didn't see how he can fail not to have to clear title which gives everyone the protection they want in this case. 4/16/80 Page 12 A G E N D A COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued ACTION TAKEN 198 COMMUNITY DEVELOPMENT - Continued John Moran, Esq., explained that what is involved here is the protection of the public. The requirement is the public is supposed to be aided by the requirements of public notice of any public meeting. The Planning Commis- sion is supposed to have the infor- mation of a particular property so it can evaluate the feasibility, the appropriateness of the proposed sub- division, that wasn't present here. It is obvious from the history of this whole development that something has been consciously neglected and he didn't think the City Council should come out supporting that kind of conduct. City Attorney Noonan responded that he felt the same way. Submitted is an excerpt from a tape of the Planning Commission in which Commissioner Getz made substantially the same represen- tation. Mr. Rodney Catalano explained that there are two matters before Council, one if the appeal made by Mr. Moran and the Country Club people is going to be upheld subject to the conditions of the DC&Rs here on the tentative map. Second if the final map is going to be approved or disapproved. Vice Mayor Nicolopulos asked if anyone else wished to address Council concer~ ning this matter. Mr. Burt Butler, 235 Country Club Drive, South San Francisco, said that he thought it would not make sense to sub- divide the Country Club Park area. Mr. Arvid Olson, 420 Dorado, South San Francisco, stated that he felt that this was a moral matter rather than a legal one. Mr. Rodney Catalano requested that Mr. Dell'Angela read his staff report out loud, h~s recommendation. Director of Community Development Dell'Angela stated, "the Planning 4/16/80 Page 13 COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued COMMUNITY DEVELOPMENT - Continued Commission's recommendation is to approve the map, the City Engineer's recommendation is to approve the map and I have recommended that the map be approved." Vice Mayor Nicolopulos closed the Public Hearing. Councilwoman Teglia expressed her concerns regarding the notification to the citizens regarding public hear- ings. She further stated that she thought on the basis of the notification and on the basis of the disclosure, she would like to go back to the tenta- tive map, and to review that procedure and to negate it. Discussion followed as to the legal posting and notification of public hearings. Councilman Damonte questioned the disclosure of all DC&Rs. City Attorney Noonan replied that was the responsibility of the developer. Discussion followed on the fact that the disclosure was not made, or had not appeared to have been done. Can the Council deny this on the basis of the exceptions of the DC&Rs. City Attorney Noonan explained that the exceptions contained in the DC&Rs were permitted. He further stated that he did not feel they could use the DC&Rs as the basis for approval. However, he stated that you can say to the map maker, you must endorse on that for the protection of the public that the title this area may be affected by the DC&Rs dated a certain date and recorded on a certain book and page. Further discussion followed amongst Council and the attorney for the Country Club Park area concerning the legality of the public notice given in relation to the approval of the tentative map, etc. 4/16/80 Page 14 COMMUNITY DEVELOPMENT- Continued 12. Public Hearing - Continued ACTION TAKEN COMMUNITY DEVELOPMENT - Continued Councilman Addiego expressed his concern of the mi6information and the holding back of information from the public. He inquired of Mr. Catalano when he was aware of the existence of the DC&Rs. Mr. Catalano replied that he was aware of the DC&Rs when a preliminary report was filed with LAFCO on February 15, 1978. Councilman Addiego further inquired of Mr. Catalano regarding his statement that the DC&Rs may be null and void because of the violations. Mr. Catalano replied that he had said "unenforcable." He further apprised Council that the advice he had received from people who initit- ated this policy said that they didn't feel that these DC&Rs were enforcable and in fact thought that they would record the parcel, the final parcel map, without the DC&Rs and would suffer the consequences if there were any. Discussion followed regarding the final paragraph under Item 13 under the DC&Rs, it covers for protection of the DC&Rs where it states that failure by the declarants hereof or any other owner of property in this tract to enforce the convenants and restrictions herein contained shall not be deemed a waiver of the right to do hereafter. Vice Mayor Nicolopulos expressed his disturbance at the confusion of this matter. Councilman Damonte agreed with Vice Mayor Nicolopulos that there have been many conflicting reports. He expressed his desire that staff present more information before making a decision City Attorney Noonan explained that if Council approves it, Council will be sued and if Council doesnt 4/16/80 Page 15 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 12. Public Hearing - Continued MAYOR ACOSTA RETURNS TO THE PODIUM RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT - Continued approve it Council will be sued, and if Council does nothing Council will be sued. M/S Teglia/Addiego - To uphold the appeal. Roll call vote was as follows: Ayes, Councilwoman Teglia, Councilman Addiego, Noes, Councilman Damonte, Abstaining Vice Mayor Nicolopulos. Carried by majority roll call vote. Councilman Damonte inquired as to the other issue that relates to this piece of property regarding the map. City Attorney Noonan replied that because Council approved the appeal and overruled the Planning Commis~ ion's recommendation to approve the final map, therefore, he didn't believe Council can act on that matter. Mayor Acosta returned to the podium at lO:14 p.m. Mayor Acosta declared a recess at lO:15 p.m. Mayor Acosta recalled the meeting to order at 10:25 p.m. All Council present. Mayor Acosta asked if there was anyone who wished to make an oral presentation at this time. Mrs. Lillian O'Rourke made a request that Good and Welfare come before the meeting rather than at the end. Brief discussion followed amongst Council as to the importance of having both an oral presentation and good and welfare. This way those who wished to speak at the beginning of the meeting on an item of importance to them which was not on the Agenda could do so and then under Good and Welfare at the end of the meeting there was more time for public input. 4/16/80 Page 16 AGENDA ITEMS FROM STAFF 21. Further consideration of the request from the Town of Colma for a sewer connection on Hillside and Evergreen. ACTION TAKEN 202 Mr. Birkelo requested that Item No. 21 be considered before Item No. 13. ITEMS FROM STAFF City Manager Birkelo explained the reques~which had been made in the past from the Town of Colma in regard to this matter. The present request is for a sewer hook up to serve a duplex on this lot. We had a copy of the plans for Council's perusal. The Town of Colma has taken action to have this property zoned commercial. Mr. Edwin Smith, City Engineer from the Town of Colma explained that this piece of property was surrounded by cemetery properties and that the owner had wished to have some sort of development on this piece of land. If the request is granted there will be a 4" sewer lateral so that in the future no one will be able to connect on to this sewer line. Brief discussion among Council as to exactly where the 4" lateral would be running and whether or not some- one could possibly in the future connect on to this. Mr. Smith ex- plained that the 4" lateral would run into a manhole on Evergreen and it would not be possible for anyone else to connect on to it. Mr. Larry Lathan, 495 Holly Avenue, South San Francisco, explained that he had spoken with Mr. Sullivan from the Holy Cross Cemetery and that Mr. Sullivan had explained that the land which is under question would not be needed for another 20 to 25 years, and as this was the last property in San Mateo Country zoned for cemetery use they would probably never develop it commercially. Mr. Lathan, further expressed concerns that if the City does allow a sewer connection for the |and on Evergreen and Hillside that it may be sold to a developer and what would stop them from further developing the surrounding areas. 4/16/80 Page 17 AGENDA ACTION TAKEN ITEMS FROM STAFF - Continued 21. Discussion of request of Town of Colma Cont. PARK AND RECREATION 13. Staff Report 4/16/80 - recommending l) Waive the reading of the Ordinance in its entirety and that the Ordinance be passed and adopted by reading title only. 2) That the Ordinance be passed and adopted which is an Ordinance regulating the Plant- ing and Maintenance of Street Trees. 2nd. Reading/Adoption AN ORDINANCE REGULATING THE PLANTING AND MAINTENANCE OF STREET TREES: REQUIRING PERMITS FOR PLANTING AND REMOVAL OF CERTAIN TREES IN PUBLIC AREAS: PLACING DUTIES ON OWNERS OF PRIVATE PROPERTY TO PROTECT GROWTH OF TREES IN PUBLIC AREAS: DECLARING PUBLIC NUISANCES AND THE METHOD OF ABATING DECLARED PUBLIC NUISANCES: PROVIDING THE RIGHT AND PROCESS FOR APPEAL: PROVIDING FOR THE VIOLATION THEREOF: AND REPEALING ORDINANCE No. 32, No. 130 and No. 174 OF THE CITY OF SOUTH SAN FRANCISCO ITEMS FROM STAFF - Continued Discussion followed among Council and Staff as to the possibilities if there were a hook up as to the future development of this area. Also disc- ussed was the problem of the parking if this area i~s developed because of the slope and the dangers it could present. Mr. Leo Fratessa the developer of the subject property requested that they be allowed to build a two unit building with the approval of the Planning Department. Discussion followed regarding the safety of the parking and the possi- bilities of building more than one unit on the premises. M/S Teglia/Addiego - To approve a single family construction with knowledge that the plans be passed by the City Council. Carried by unanimous voice vote. PARK AND RECREATION M/S Teglia/Damonte - 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 Teglia/Damonte - That the Ordinance be passed and adopted. ORDINANCE NO. 815-80 Carried by unanimous voice vote. Vice Mayor Nicolopulos informed the public that if there were any questions as to the responsibility of the maintenance of a tree they could contact the Park and Recreation Department and they would help clarify their questions. Discussion followed among Council and Director of Parks and Recreation Norton as to the effects of this 4/16/80 Page 18 AGENDA ACTION TAKEN PARK AND RECREATION - Continued 13. Staff Report 4/16/80 - Cont, PUBLIC SERVICES 14. Staff Report 4/16/80 - recommending adoption of a Resolution approving the Final Map for Rare Earth, Inc. 15. A RESOLUTION APPROVING FINAL MAP FOR RARE EARTH SUBDIVISION NO. 1 AND RELATED MATTERS ~ ~,?~ .. Staff Report 4/16/80 - recommenalng adoption of a Resolution approving the 528 Miller Avenue Condominium Subdivision Final Map, Authorize its recording and provide for related matters. A RESOLUTION APPROVING THE FINAL MAP ENTITLED "528 MILLER AVENUE CONDOMINIUM SUBDIVISION" PARK AND RECREATION - Continued Ordinance upon linear parks, the watering and maintenance, etc. Director of Parks and Recreation ex- plained that this Ordinance deals with street trees only. He also informed Council that he had heard from PG&E and they would be making some arrangements for emergencies when PG&E would have to cut a tree in the event of an emergency or when they get in the way of some of their wires. PUBLIC SERVICES This item could not be considered due to the appeal of Country Club Park area being upheld. Director of Public Services Yee ex- plained to Council that this was the Final Map for the condominiums located at 528 Miller Avenue. Discussion followed as the number of parking spaces per unit. Councilwoman Teglia inquired if this condominium was being built according to the current multiple family resi- dential standards, is there anything different about the construction of this building? Discussion followed as the requirements for ~,,Condominium and apartment house construction. Councilwoman Teglia requested that a meeting be held with the Planning Department and Building Division to create better standards for condo- minium and apartment construction. M/Teglia - To introduce the Resolution RESOLUTION NO. 36-80 Carried by unanimous roll call vote. 4/16/80 Page 19 AGENDA ACTION TAKEN 16. Staff Report 4/16/80 - recommending adoption of a Resolution approving the deferral of repayment of funds concerning the Colma Creek Flood Control Project. A RESOLUTION AUTHORIZING AN AGREEMENT PROVIDING FOR THE REPAYMENT OF FUNDS CONCERNING THE COLMA CREEK FLOOD CONTROL PROJECT. City Manager Birkelo explained that with the passage of proposition 13 the Colma Creek Flood Control Project could not move forward and do any more improvements if they had to adhere to original repayment schedule of the monies loaned to the project by the various cities, unless an assess- ment proceeding was established where- by the differential lost by proposi- tion 13 would be regained by the asse- ssment procedure. Council at that point indicated that they would like the matter referred to the County Board of Supervisors. The matter came before the County Board of Supervisors and the Cities of San Bruno, Daly City and Pacifica were not willing to endorse the assessment process to pick up the losses. The Advisory Board felt it was necessary for to continue the project and complete substantial number of items. The only way for this to take place would be for a new source of revenue. Therefore, the various entities would be asked to agree to defer the repayment of the loan monies for a ten year period. The County agreed and referred the matter back to each of the cities. The start of the repayment would begin in 1991. Discussion followed regarding the amount of interest and the total amount the city would benefit. M/Damonte - To introduce the Resolution. RESOLUTION NO. 37-80 Carried by unanimous roll call vote. 4/16/80 PaGe 20 AGENDA PUBLIC SERVICES - Continued 17. Staff Report 4/16/80 - recommending adoption of a Resolution authorizing execution of an Agreement with Southern Pacific Transportation Company to install a 44" x 72" Storm Drain under Southern Pacific branch track southwest of Evergreen Drive. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY TO INSTALL A 44" x 72" STORM DRAIN ITEMS FROM STAFF ~-~z-~? 18. Consideration of an endangered species (butterflies) on South Slope and a proposed Resolution to oppose. (TF-1213) 19. Consideration of recent legislation Senate Bill 1827 (anti-pornography) and a proposed Resolution supporting said bill. A RESOLUTION SUPPORTING SENATE BILL 1827 AMENDING THE STATE LAWS RELATING TO PORNOGRAPHY AND THE ABATEMENT OF PORNOGRAPHY ACTION TAKEN PUBLIC SERVICES - Continued M/Teg!ia - To introduce the Resolution. RESOLUTION NO. 38-80 Carried by unanimous roll call Vote. ITEMS FROM STAFF City Manager Birkelo explained that the City had been informed by the U.S. Department of Interior, Fish and Wildlife Services were going to hold a public hearing on a proposal to establish a critical habitat for the Calippe Silverspot butterfly. Director of Community Development Dell'Angela pointed out the boundaries that would be considered a proposed critical habitat for the butterfly. Discussion followed on the amount of land the Calippe Silverspot butterflies critical habitat would encase. Also discussed was the City's interest in future developemnt of some of this space. Consensus of Council to continue this matter until more information is available. City Manager Birkelo explained the benefits that passage of Senate Bill 1827 may provide to control the sale and distribution of pornographic matter. M/Damonte - To introduce the Resolution. RE6QkU~ION NO. 39-80- Carried by unanimous roll call vete. 4/1F,/80 Paoe 21 AGENDA ITEMS' FROM;:S~AFF- Continued 20. Report on the problem of bee hives at 157 San Felipe, 2lA. Acquisition of portable radios COMMUNICATIONS 22. Letter dated 4/10/80 from the Habitat Group, Inc., requesting a Public Hearing on May 7, 1980 to appeal the decision of the Planning Commission on 4/1/80 requiring a focused Enviromental Impact Report for Project RPD-79-13/SA-79-63 (39 Unit condominium of Blondin Way) ITEMS FROM COUNCIL Councilwoman Teglia: (TF-1430) ACTION TAKEN ITEMS FROM STAFF - Continued City Manager Birkelo advised Council that the Director of Contro4 Office of Enviromental Health had informed the City Attorney that the matter had been alleviated. The party who was maintaining the bee hives had given 7 hives away and was trying to find suitable habitat for the others. Director of Finance Anderson explained that the City had gone under contract with Motorola to supply UHF radios for the Police Department. The City had anticipated the expiration of the contract earlier this year, however the contract will be effective until May I, 1980, under this contract the City would be able to acquire Police radios for the sum of $900.00. After contract expires the radios will cost $1,800.00. It is recommended that 5 (five) radios be acquired now. Consensus of Council to acquire radios now. COMMUNICATIONS Councilwoman Teglia requested that all residents within 300' of the affected area be notified. M/S Teglia/Damonte - To set Public Hearing date of May 7, 1980 to consider the appeal. Carried by majority voice vote. ITEMS FROM COUNCIL Requested that a meeting with City Council, Planning Commission, members of the Building Department and Community Development be held to discuss ways to improve multi-resident- ial dwellings. 4/16/80 Page 22 AGENDA ITEMS FROM COUNCIL - Continued Councilwoman Teglia: Councilwoman Teglia: Councilwoman Teglia: Councilman Damonte: Councilman Addiego: GOOD AND WELFARE (TF-1504) (TF-1516) ACTION TAKEN ITEM FROM COUNCIL - Continued Inquired when the budget process will begin. City Manager Birkelo replied that Staff is in the preparation period now, but doubts that the budget will be presented to Council until June. Inquired as the airport's response on the weather station that has been requested. She also questioned some correspondence she had received in reference,to the maintenance of the weather station once installed. City Manager Birkelo informed Council that he had received a communication from the Airport, Deputy Director and Engineer in reference to the runway construction. A copy of the letter will be given to Council. Concerned over the resident's on Hillside reports of excessive noise from the airport. Questioned how the alternate parking on A, B and C Streets is working. City Manager Birkelo informed Council that the first week the cars owners were reminded and the second week they were cited. Informed Council and the public that Congressman Royer will be in City Hall this Saturday, April 19, 1980. GOOD AND WELFARE Margaret Warren, 790 Stonegate Drive, inquired if it would be possible to get an electronic technician to correct the Public Address system. Jim Keegan, 1244 Crestwood Drive asked if anyone present would swap the qantel computer for a new P. A. System. 4/16/80 Page 23 A G E N DA A C T ]' 0 N TAKEN GOOD AND WELFARE - Continued (TF-1630) (TF-1635) GOOD AND WELFARE - Continued He further inquired as to the Calippe butterflies effect on the development to South San Francisco. He reminded Council that before any development could take place there would first have to be a fiscal impact study must be done to show that the project must be favorable to the City. Although there is a desperate housing shortage existing in this time, the City is not under any obligation to solve that problem. The deep concern here is that before anything can be built we are considering if it would be financially favorable to South San Francisco. Mayor Acosta agreed that before anything comes into this City that whatever comes into this City must be able to take care of itself and not place a burden on the City of South San Fran- cisco. Mr. Keegan inquired if there would be a report from Visitacion Associates on the development of the South Slope. Mayor Acosta said that until they have decided exactly what is going to take place on the South Slope, he could not request a report from Visitacion Associates. Mrs. Schonig, 786 Alta Loma, inquired why the lights were not being turned on in parking lot at W. Orange Avenue Library. Clair D'Amico, 136 San Felipe, inquired about the fire and safety regulations on places of business. Do they have to have more than one door for ingress and egress? Mayor Acosta replied that it really depends on the type of business, the capacity it holds. M/S Teglia/Damonte - That the meeting be adjourned to Wednesday, 4/23/80 at 7:30 p.m. 4/16/80 Page 24 AGENDA ACTION TAKEN ADJOURNMENT RESPECTFULLY SUBMITTED, Carried by unanimous voice vote. Time of adjournment: 12:20 p.m. APPROVED: Barbara A. ~al~taya Cit~ Clerk×~ ~.~ City of South San Francisco~ ~z/~j ~~ ~onald G, Acosta, Mayor 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. 4/16/80 Page 25