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