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HomeMy WebLinkAboutMinutes 1980-05-21Mayor Ronald G. Acosta Vice Mayor Nicolopu!os Council: Mark N. Addiego Emanuele N. Damonte Roberta Cerri Teglia AGENDA Regular Meeting CALL TO ORDER: (TF-O01 Side l) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo Requested: - Continue Item #23, Staff needs more information. - Hear as Item #23a,Census Services. - Item #19 move to Item #8a. - Hear as Item #26 Par~-time Employee Compensation. - Hear as Item #27 Discussion of General Legislation ORAL COMMUNICATIONS CONSENT CALENDAR 1. Minutes of the Special Meeting of 2/27/80. e Claim as filed by Mr. Jerry Yim, on behalf of Pacific Telephone Co. alleging damages as the result of road construction. Motion to deny and refer to the City's Insurance Adjuster and to the office of the City Attorney. 3. Staff Report 5/21/80 recommending - an agreement with the County for the cost of placing sewer charges on the County tax rolls. 4. Staff Report 5/21/80 recommending - a Public Hearing date of 6/4/80 be set to consider adoption of an amend- ment to the Open Space Element of the General Plan. MINUTES CITY COUNCIL 249 W. Orange Avenue Library Aduitorium May 21, 1980 ACTION TAKEN Regular Meeting 7:42 p.m. Mayor Acosta presiding Council present: Nicolopulos,. Addiego, Damonte, Teglia and Mayor Acosta. Council absent: None. Recited. AGENDA REVIEW ORAL COMMUNICATIONS CONSENT CALENDAR So ordered. Removed from the Consent Calendar by Councilwoman Teglia. So ordered. So ordered. 5/21/8o Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR 5. Staff Report 5/21/80 recommending - a Motion to reject the bid received for the Exercises Courses and authorize the Purchasing Officer to readvertise for bids. 6. Staff Report 5/21/80 recommending - a Motion to authorize the Purchasing Officer to advertise for bids on the Common Greens Maintenance Contract. 7. Staff Report 5/21/80 recommending - a Motion to authorize the Purchasing Officer to advertise for bids for the Quarterly Leisure Brochure. e Claim as filed by Mr. Jerry Yim, on behalf of Pacific Telephone Co, alleging damages as the result of road construction. Motion to deny and refer to the City's Insurance Adjuster and to the office of the City Attorney. CONSENT CALENDAR So ordered. So ordered. M/S Teglia/Nicolopulos - Consent Calendar be approved. Carried by unanimous voice vote. Councilwoman Teglia questioned why the City was involved in this matter when it was a matter of the Telephone Co. and a Contractor. City Attorney Noonan responded that the Telephone Co. is claiming against the City because it is in the street and right-of-way and that improvement is being done pursuant to a subdivision agreement. However, in that agreement we have hold harmless provisions and also require the filing of insurance policies with the City. This is the second claim of this nature and the City has tendered the defense of it and the responsibility for it to the Developer. Director of Public Services Yee said he had spoke to Mr. Yim several weeks ago and had told him that the particu- lar project was W. W. Dean and that the City had nothing to do with the Contractor nor the Developer, and no control of his Subcontractor. Mr. Yim responded that it was Pacific Telephone Co. procedure to go ahead and file the claim, subsequent to that Mr. Yim wrote a letter saying he had withdrawn his claim. 5/21/80 Page 2 AGENDA ACT ]' ON TAKEN 2. Claim - Continued. APPROVAL OF BILLS 8. Regular Bills of May 21, 1980. PUBLIC SERVICES 8a. Staff Report 5/21/80 - recommending a Motion authorizing the Director of Public Services to execute a Change Order for the Municipal Services Building Project No. PB-78-1. (This item had been numbered 19.) City Attorney Noonan stated that since a withdrawal of the claim had been received by the City there was no action to be taken by Council. APPROVAL OF BILLS M/S Teglia/Damonte - To approve bills. Carried by unanimous voice vote. Councilman Addiego did not participate in the vote on the bill for Brentwood Market. PUBLIC SERVICES City Manager Birkelo stated there were five items contained in the Change Order No. 2, i.e., conduits and conduc- tors for TV cameras and security doors, concrete stairs, conduits and TV cables, conduits and conductors, cinch anchors for a total of $36,067.69. Mr. Conant, Architect, gave a detailed description of each of the five items in the Change Order. Councilwoman Teglia questioned the absence of the Police lunchroom. City Manager Birkelo said there would be a meeting with the Interior Committee and this item would be discussed in connection with the final plans. A discussion followed on the TV cables for the Police/Fire/Senior lounge, closed circuit TV for Police training, request from the Chamber of Commerce to rent space, funds remaining in the contin- gency fund. M/S Teglia/Damonte - To approve the Change Order. Carried by unanimous voice vote. 5/21/80 Page 3 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT (TF-119) 9. Public Hearing - Amendment to Rural Estates Zone continued from 5/7/80. Staff Report 5/21/80 - recommending l) Open the Public Hearing and incor- porate any testimony from 5/7/80 meeting; 2) Close the Public Hearing; 3) Waive the reading of the Ordinance in its entirety and that the Ordinance be passed and adopted by reading title only; 4) That the Ordinance be passed and adopted, an Ordinance establish- ing Rural Estates Zone Regulations. 2nd Reading/Adoption AN ORDINANCE ESTABLISHING RURAL ESTATES ZONE REGULATIONS, AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" TO SO PROVIDE AND REPEAL- ING ORDINANCE NO. 788-79. COMMUNITY DEVELOPMENT Director of Community Relations Dell'Angela stated that this proposal amends the R-E Rural Estates Zone. There was a Hearing held on the 7th of this month and this Ordinance was introduced and the Planning Commission had reviewed this proposal. This is intended to cover the Country Club Park area and only other areas that might be appropriate in the future. He spoke of the prior discussion of lot splits or whether the lots should be retained in tact and splits prevented in the future. Also discussed were minor changes to the wording submitted by a representative of the Country Club Park area for the Ordinance. He continued, Mrs. Stevenson had requested a clarification on whether the intent of the Regulations was to set a limit on smaller types of animals, i.e. sheep, pigs and raised the question on a limit on birds or aviaries. Staff agrees with the suggested changes, #2, #3 and #4 but there was some question on the limit of small animals by the Planning Commission. He continued, discussing parks and playgrounds, use permits in the zone for nursery schools and churches, accessory buildings con- figuration with a maximum sidewall height of 12 feet and the grandfather- ing in of animals in the Country Club Park area. He continued that one of the major questions dealt with the lot split question and Staff felt that the residents did not want lot splits. R-E Zoning was designed with 3/4 acre lots and putting provisions in for animals and such. The residents felt that only those lot splits that were allowed by the DC&Rs, covenants adopted in 1941, should be allowed 5/21/80 Page 4 A G E N DA A C T I 0 N TA K E N ~5~ COMMUNITY DEVELOPMENT 9. Public Hearing - Continued. (TF-250) COMMUNITY DEVELOPMENT and no other lots should be allowed to be split. Mr. Dell'Angela felt that to exempt certain lots from the ability to split and include others creates a checkerboard type of development package and tends to support the Staff's position that there should be a rule governing the entire area on lot splits.. He stated that Staff had sent a questionnaire to the residents of Country Club Park asking~ "Are you in favor of lot splits in your area or are you opposed to lot splits?" Fifty-seven questionnaires were mailed and 27 returned:13 said, no lot splits, lO said yes to lot splits, 4 said yes to splits if it was a corner lot. Councilwoman Teglia questioned the wordage and clarity of the question- naire and made reference to a petition that Mrs. Stevenson had circulated on splits of corner lots and the majority of residents concurred in that type of split - this she found in contra- diction to Staff's survey. Director of Community Development Dell'Angela put a map on the board of Country Club Park illustrating its boundaries that will be subject to annexation to South San Francisco and he pointed out those lots which had been split. He gave an in-depth des- cription of the lots that could be split through the 1941 covenants and pointed out the lots that were illegally split and spoke of a compromise of splitting lots and retaining the rural atmosphere. Mayor Acosta opened the Public Hearing and invited those to speak in favor of the Amendment of the R-E Zone. Mr. D. H. Wesson, 305 Alta Vista Dr., stated he had been a resident of the area for 32 years and has fought annexation for 20 years because there were never assurances from the City that the residents would have adequate 5/21/80 Page 5 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued. (TF-298) COMMUNITY DEVELOPMENT Police and Fire services. He contin- ued, that at an earlier meeting a man from the Staff of the Health Department stated that the septic tank system in Country Club Park was superior to the South San Francisco sewer system and Mr. Wesson had agreed. He stated he had not answered the questionnaire because it was so vague and resented the coded envelope which identified the person answering the questionnaire when it was supposed to be anonymous and he stated he was not for lot splits. He said he did not want changes in the area of street repair and lighting and felt what the area had was adequate, he felt that the wear and tear on streets was from the transients and not from the residents. Mr. Wesson stated that he was on a fixed income and was very concerned that if the taxes escalated through annexation he would be forced to sell his property and go into a home. He stated that he had two parrots that many years ago he had brought into this Country from South America which took a great deal of paperwork and he resented having to go through the time and expense involved in having the birds re-examined by the City. Mayor Acosta stated that the City was not going to charge a fee for people keeping birds and stated that the examination was required by the Public Health Department. Mrs. Elaine Stevenson, 297 Alta Vista Dr., rebutted the issue raised of illegal splits and stated there were only seven lots re- maining that could be split. She explained that the petition addressed the whole issue of lot splits, i.e., the whole area torn up; just the corner lots split; nothing split. She stated that Staff's questionnaire gave only two choices: split or no splits, and believed that was the reason for the low return of questionnaires. She stated that the Country Club petition had received 32 signatures to date approving corner lots to be split; four signatures that say no 5/21/80 Page 6 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued (TF-330) (TF-349) (TF-378) (TF-389) (TF-399) COMMUNITY DEVELOPMENT splits and seven that want splits with- out identifying what kind of splits - that leaves ten property owners who have not signed the petition. She felt this showed that the majority of residents wanted the corner lots to have the option to split. Ms. Gladys Beck, 255 Country Club Drive, did not feel it was fair that she had to keep her property in tact when all around her the parcels had been split and felt everyone should be allowed to split by the DCC&Rs of the County or no one should split which would give equal rights. She felt that Staf~Council and the Planners had worked very hard with the committies of Country Club Park in trying to settle this and stated this had been going on since Sept. 1978, and wanted the zoning and annexation expedited. Ronald Brown, 217 Country Club Drive, stated that only corner lots can be split and the questionnaire proved that the residents did not want lot splits. He felt that only the residents should decide if there are to be lot splits based on the 1941 covenants. Ms. Velma Sirovatka, 205 Country Club Drive, was in favor of splits only if it retained its rural setting and was not happy with the transients driving through to their apartment houses and creating damage to fences in the Country Club area. Mr. Mont'Eton, 226 Country Club Drive, expressed concern over the piecemeal annexation in the area and he stated that the residents wanted the area left as is with the 1941 covenants and controlled by the residents. Adolph Coruccini, 223 Country Club Drive, stated that the residents were most happy when there were no decisions 5/21/80 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued (TF-405) (TF-413) (TF-416) RECESS RECALL TO ORDER COMMUNITY DEVELOPMENT to make, they moved into the area and knew what to expect. He suggested making the annexation transition with- out changes to the area and he felt it would be a smooth transition. Mr. Nadir Amer, 210 Alta Vista Drive, expressed concern with the weekend traffic driving through Country Club Park at 35-40 miles per hour and felt it was a hazard to children in the area. Mayor Acosta invited anyone to speak who was in opposition to the amendment to the R-E Zoning or had comments they wished to make. Mayor Acosta said he would not close the public Hearing because there were other items that pertained to this and invited Council discussion to make a final determination of lot splits, no splits, DCC&Rs, etc. Mrs. Lillian O'Rourke, 264 Country Club Drive, did not think there was a deci- sion to be made, the residents were always told that the residents were always ruled by what the majority wanted - the petition signifies what the majority wants. Mayor Acosta called a recess at 9:15 p.m. Mayor Acosta recalled the meeting to order at 9:35 p.m. All Council present. Councilwoman Teglia stated she did not have a problem splitting lots under the DCC&Rs and felt that the petition clearly stated the position of the residents. Councilman Addiego stated he would also like to run with the DCC&Rs and asked the City Attorney if there would be a problem with staying with the DCC&Rs as they apply to lot splits. 5/21/ o Page AGENDA ACTION TAKEN 257 COMMUNITY DEVELOPMENT 9. Public Hearing - Continued (TF-452) COMMUNITY DEVELOPMENT City Attorney Noonan stated that the covenants are private in nature, and they are contractual and they burden the land of all of those who own those parcels of land. Covenants can pre- scribe a plan which is non-uniform but when you pass a zoning Ordinance it is supposed to have by State Code Uniform Regulations for a particular type zone. So if you had a rural Estate zone your regulatory action by way of an Ordinance would call for reasonably uniform regulations, so you really cannot adopt covenants as the rule for the administration of lot splits in that area. One way you could regulate instead of strictly thru the R-E Zone is a specific plan, which he felt was what the Planner had in mind. He stated that he knew of no way to use the covenants existing as the force of law in that place. Right now the people in Country Club hava a little private government with their own DC&Rs and they administer them, he stated he knew of no way under the zoning powers that the City can lift that body of law and say this shall be the public law of the City of South San Francisco with respect to that area. Councilwoman Teglia asked the City Attorney if the lots already split would be grandfathered in. City Attorney Noonan said they would be non-conforming to the present R-E zone regulations but they would be a matter-of-fact. A discussion followed on whether the City could go to the County and request the lot splits as a preliminary to annexation and have them be grand- fathered in; the results of the petition survey, if it was decided to pursue 5~2]/80 Page 9 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued (TF-544) (TF-613) ~ COMMUNITY DEVELOPMENT the Ordinance and someone did not agree the person could sue to invalidate the Ordinance; uniform regulations that do not parallel the covenants. Vice Mayor Nicolopolus asked if the City would be in violation of the covenants if the City circumvented them. City Attorney Noonan stated the coven- ants do not regulate the city, only the property owners do they regulate. They are private covenants between some land developer and now passing down to their successors, the private owners. He explained that the City was trying to get a uniform regulation, called a Rural Estates Zone, in an attempt to get something that will be valid. A discussion followed on flag split lots, modifying the animal Ordinance, existing covenants, sizes of lots, explomwith the County a way to let Country Club xist as it is, the MORGA Act being extended another year, police and fire protection, upkeep of streets by the County. Mr. Sherman Coffman, Executive Officer of the Local Formation Commission dis- cussed the question of the Country Club area having an option to retain unincorporated and have its own self government and stated that based on LAFCO law he did not believe that possible. He continued, LAFCO hoped that an equitable agreement could be reached between the City and the Country Club residents and then proceed with the annexation without an election under the island provisions of MORGA and failing this it would still be LAFCO'S re- commendation that the area come into South San Francisco as it is. 5/21/80 Page 10 COMMUNITY DEVELOPMENT 9. Public Hearing - Continued (TF-619) COMMUNITY DEVELOPMENT Vice Mayor Nicolopulos asked if the Country Club area and the City had an option in accepting one another. Mr. Sherman stated that the law says that an island of less than 100 acres must be annexed to the City without a vote of the citizens and without a right of protest by the City Council. After LAFCO approves it, it must go to the Board of Super- visors and a second Hearing is held. He stated that this is one case where the Board of Supervisors can review the action of the LAFCO decis~on and that there were two members of the Board of Supervisors on the Formation Commission. Vice Mayor Nicolopulos asked if the Country Club area could be annexed the way it is right now. Mr. Sherman stated yes, they could be annexed the way it is. Director of Comm, Dev. Dell'Angela stated that was his understanding but that the area had to be prezoned. Vice Mayor Nicolopulos asked what the alternative was if the City had to accept them as they are. City Attorney Noonan asked Mr. Coffman if the City should annex and do exactly as Country Club Park residents want and leave the area as it is and permit the lot splits according to code. Mr. Sherman stated it was his under~ standing that if it§ annexed under the the County zoning, which is the zoning it has now, when it is annexed it comes in with the same zoning. City Attorney Noonan stated that he was thinking of the private covenants and understood the City could annex it as 5/21/80 Page 11 AGENDA COMMUNITY DEVELOPMENT 9. Public Hearing - Continued ACTION TAKEN COMMUNITY DEVELOPMENT it is, yet what he read in Mr. Coffman's statements was that the City could annex and the corner lots could split by cov- enants irrespective of City regulations. Mr. Sherman responded that was not what he meant. City Attorney Noonan said he understood and respected what LAFCO wants, however it was emphasized that it was LAFCO's policy and the law. LAFCO's present stance on 3 or 4 contested annexations by way of lawsuits. He could say "well that means its a hopeless task" or say "I still would like to explore it". ]He felt that the remarks made so far fore- close the option possibility. Mr. Sherman stated that for many years he had heard the Country Club Residents say, "we have our animal~ a life style of rural atmosphere and we want it that way". M/S Teglia/Addiego to uphold Planning Commission in there being no lot splits. Councilman Demonte stated that for many years the only way to get out of Avalon Park was thru Country Club Park, however now there were many egresses and ingresses and it had reduced the traffic flow thru Country Club compared to what it had been 25 years ago and felt they were better off now. Mayor Acosta and Vice Mayor Nicolopulos were in agreement that the Country Club people should have the option to split or not to split. Director of Community Development Dell'- Angela suggested Council adopt the Plann- ing Commissions recommendation in terms of the no splits or the 3/4 minimum acre lot sizes and then consider variance requests based on the DC&Rs in the future to handle those particular hardship cases. He felt this was the most practical solu- tion to create uniformity and allow some flexibility. 5/21/80 Page 12 AGENDA ACTION TAKEN 261 COMMUNITY DEVELOPMENT 9. Public Hearing - Continued COMMUNITY DEVELOPMENT City Attorney Noonan felt this could not be done that the City had to have variance standards usually based on the nature of the land and not on hardship of the indi- vidual. A discussion followed on the the DC&Rs having no bearing on the zoning, uniform standards throughout the City. Councilwoman Teglia suggested an alterna-' tive~that of canvassing the area and having the residents vote on the issue of splits or no splits. Either everyone has the option to split or no one can split. No one should be excluded from this vote and the canvas should be door- to-door. A discussion followed on assigning a member of the Planning Department to canvas the 57 property owners on the two options. Councilman Addiego stated that there had been two canvasses already and they were challenged and yet Council wants a third but wi~ll that satisify the Council. Mayor Acosta thought that the surv should show the different ways to split lots and how many animals would be allowed on the square footage. Councilwoman Teglia stated that the pro- perties that have already split should be excluded and have the two option~ splits or no splits. Councilman Damonte stated that those pro- perty owners that have split cannot split and it would not be fair if they voted against splits to the other property owners. Mrs. Stevenson asked if the representatives of the Country Club Park Committee could go with the person doing the canvas. 5/21/80 Page 13 AGENDA ACTION TAKEN 262 COMMUNITY DEVELOPMENT 9. Public Hearing - Continued, RECESS: (TF-807) RECALL TO ORDER: 10. ll. Public Hearing - General Plan Amendment for Country Club Park area - GP-80-11/ Negative Declaration No. 259. Staff Report 5/7/80 - recon~ending Open the Public Hearing and incorpor- ate any testimony from 5/7/80 meet- ing; 2) Close the Public Hearing. Public Hearing - vrezonlng of Country Club Park - RZ-80-61/Negative Declar- ation No. 260. Staff Report 5/7/80 - recommending Open the Public Hearing and incor- porate any testimony from 5/7/80 meeting; 2) Close the Public Hearing; 3) Waive the reading of the Ordinance in its entirety and that the Ordinance be passed and adopted by reading title only; 4) That the Ordinance be passed and COMMUNITY DEVELOPMENT Councilwoman Teglia suggested sending the survey by certified mail and return receipt with a time limit to mail or walk in the completed form. Mr. Ronald Brown said he agreed with Councilwoman Teglia's suggestion and said his Committee would alert the residents that a survey would be forthcoming by registered mail as the people were difficult to contact. The Motion and Second were withdrawn by Councilwoman Teglia and Councilman Addiego on no splits. M/S Teglia/Addiego - those lots that have not already been split in the Country Club Park area be convassed by certified mail, asking whether or not the owners in that area want to split or want no splits. Carried by unanimous voice vote. Mayor Acosta called a recess at 10:35 p.m. Mayor Acosta recalled the meeting to order at 10:48 p.m., all Council present. Mayor Acosta stated that l0 days would be given for the certified mailing and return of the Country Club Park area canvas and stated that Items 9, 10 and 11 be placed on the Agenda of June 4, 1980 meeting. See the above caption. 5/21/80 Page 14 AGENDA ACTION TAKEN 263 COMMUNITY DEVELOPMENT ll. Staff Report - Continued. adopted, an Ordinance prezoning the Country Club Park area to the R-E Rural Estates Zone. 12. 2nd Reading/Adoption AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PREZONING A DESIGNATED POR- TION OF THE COUNTRY CLUB PARK AREA AS A RURAL ESTATES ZONE (RZ-80-61) Public Mearlng - Ordinance extending Ordinance No. 792-79 an Urgency Ordinance for one year. Staff Report 5/7/80 - recommending 1) Open the Public Hearing; 2) Close the Public Hearing; 3) Waive the reading of the Ordinance in its entirety; 4) Introduce and pass the Ordinance extending Ordinance No. 792-79, entitled "An Interim Ordinance Prohib- iting uses which may conflict with zoning proposals related to General Plan Amendments." (TF-823) 1st Reading/Adoption AN ORDINANCE EXTENDING ORDINANCE NO. 792-79 ENTITLED, "AN INTERIM ORDINANCE PROHIBITING USES WHICH MAY CONFLICT WITH ZONING PROPOSALS RELATED TO GENERAL PLAN AMENDMENTS" (TF-830) 13. Public Hearing UP-79-529 The Southland Corporation (7-11 Food Store) COMMUNITY DEVELOPMENT Mayor Acosta declared the Public Hearing open. Director of Community Development Dell'Angelo stated that the original purpose of this Interim Ordinance, which expires 6/5/80, was to allow Staff the opportunity to review specific uses that may be in conflict with the General Plan proposal that Staff has been working on. He continued, since the General Plan has not been completed Staff is asking a year's extension of the Ordinance to review said uses. Mayor Acosta invited anyone who wished to speak in favor of this matter - no one spoke. He then asked anyone who wished to speak against this matter to speak - no one.spoke. Mayor. Acosta closed the Hearing. 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/Nicolopulos - That the Ordinance be passed and adopted. ORDINANCE NO. 817-80 Carried by unanimous voice vote. Mayor Acosta declared the Public Hearing open. 5/21/80 Page 15 AGENDA A ¢ T I 0 N T A K E N 264 COMMUNITY DEVELOPMENT 13. Public Hearing - Continued. Staff Report 5/21/80 - Appeal of the Planning Commission decision UP-79-529 and Negative Declaration No. 251 to construct a 7-11 convenience store on the north side of Mission Road at Holly Avenue. (TF-887) COMMUNITY DEVELOPMENT Senior Planner Christians explained that this was an appeal of the 7-11 Food Store on the northside of Mission Road at Holly Avenue and cited the 6 findings of the Planning Commission supporting their denial of UP-79-529. He read from a Police report on the traffic hazards and the amount of crime investigation within the area. City Attorney Noonan asked for a Motion incorporating the Planning Commission's procedings by reference to be passed so that all of the procedings before the Planning Commission become part of the record. Teglia/Nicolopulos - to incorporate all of the Planning Commission's procedings into the record. Carried by unanimous vote. Mayor Acosta invited the Appellant to speak in favor of his appeal. Ben Mortara, Esq., attorney for the 7-11 Division of Southland Corp., gave a slide presentation and rebutted the Planning Commission's findings and believed that a 5 & 10¢ store would have the same problem with juveniles and shoplifting as the 7-11 Stores face. He proposed a median to prevent drivers from making a left turn on Mission Road and felt this would alleviate traffic problems. He stated that high pressure sodium lights in the parking lot for the customers safety and was willing to plant trees in the back of the structure. Mr. Hugh Bobbala, 1124 Mission Road, owner of the 7-11 Store, stated that his findings of the crimes in 7-11 Stores for the past twelve years had been averaging once a month which he believed was a good record. He felt that 7-11 Stores being open for 24 hours a day aided the residents in shop- ping. 5/21/8o Page 16 COMMUNITY DEVELOPMENT - Continued 13. Public Hearing - Continued (TF-1108) (TF-1139) COMMUNITY DEVELOPMENT Mayor Acosta invited the opponents to speak. Mr. Ray Latham, 495 Holly Avenue, was concerned about the traffic congestion and wanted to know what use was to be made of the vacant store. He also won~ dered if there would be manueverability in turning vehicles if landscaping was put in front of the 7-11 Store. A discussion followed on the set back, landscaping and those meeting the zoning requirement. Ms. Pat Martinson, 1288 Morningside Avenue, voiced concern that the condos, businesses and apartment complexes all empty out on Holly where it joins Mission Road and that the kids hang out around the Garden Club and scatter debree and are a nuisi- ance. She stated she was against granting a permit for the 7-11 Store because traffic was terrible and 7-11 would compound the problem. Mrs. Doris Agee, 819 Ridge Court, expressed concern that when the vacant property is leased there would then be two stores creating greater traffic problems. Mr. Joe Keogh, Real Estate Manager of Southland Corp., stated that the zoning is for commercial use and even if an office building went into the vacant property it would still create traffic problems. He rebutted the findings of the Police Depart- ment in the crimes co~itted. Senior Planner read into the record a letter from Dr. Bonna, D.D.S. who was concerned about the vandalism and traffic congestion from the 7-11 Store in the area. Mayor Acosta closed the Public Hearing. 5/21/80 Page 17 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 13. Public Hearing - Continued (TF-1218) (TF-1359) (TF-1652) 14. Staff Report 5/21/80 - Final envi- ronmental determination on the 36 Unit Condominium Project on Blondin Way (Habitat). COMMUNITY DEVELOPMENT Councilman Damonte expressed concern in the egress and ingress to the 7-11 Store. A discussion followed on the traffic circu- lation,amount of customers throughout the 24 hour period, safety of the customers. Police Chief Datzman explained that there was confusion over the Police report be- cause it covered a 12 year period and did not feel that the 7-11 Store was the con- tributing factor in the crime in the area. A discussion followed on traffic accidents and whether the 7-11 Store was contributing to the rear enders and the sale of alcohol on a 24 hour basis. M/S Teglia/Nicolopulos - to send this appeal back to the Planning Commission to look at a buffer in landscapping. Mayor Acosta stated it was up to the Council, based on the facts and findings of the Planning Commission, to deny the appeal or approve the appeal - not keep sending it back to the Planning Commission. Carried by majority roll call vote, Mayor Acosta and Councilman Damonte voting no. Mayor Acosta asked if this was a Public Hearing. City Attorney Noonan stated that he believed the Public Hearing had been continued and the matter had been sent back to the Plan- ning Commission for them to file a supple- mental report. Mayor Acosta opened the Public Hearing. Director of Community Development Dell'Angelo stated that on May 7th Council had considered an appeal from the Planning Commission for an EIR for a 36 unit Condominium Project on Blondin Way and sent it back to the 5/21/80 Page 18 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 14. Staff Report 5/21/80 - Continued. (TF-1720) (TF-1769) COMMUNITY DEVELOPMENT Commission for further input. The Plan- ning Commission at their meeting of May 13th and deadlocked 3 to~3 on a Motion to file a supplemental reco~endation on an environmental determination for this project and also a 3 to 3 vote deadlock on a Motion to approve the project. Mr. David Van Atta, reP_resenting the appellant, felt that his client's case had been well stated at the 5/7/80 Council meeting and did not feel a need for further input relative to the issue fefore Council. Ronald Brown, 217 Country Club Drive, stated that his home was at the junction of Blondin Way and Country Club Drive and felt that increased traffic because of the condo project was a threat to his home and well being. He asked that if this project was given approval to procede that a pro- tective barrier he put up, by the County or the City,or the Developer, in front of his premises and be compatible to the area. City Manager Birkelo read the Mitigation Plan for Basin No. 9 Sanitary Sewer System into the record and the count of homes in that basin would yield a $250.00 additional new connection charge. He requested that the mitigation plan be considered in Council's action on this item. City Attorney stated that he, the City Manager and the Director of Public Services would draft an Ordinance surcharging the homes in the basin. M/S Damonte/Nicolopulos - to incorporate the Mitigation. Carried by unanimous voice vote. Councilwoman Teglia requested that the barricade for Mr. Brown be a condition of the Use Permit if approved as a Mitigation Measure. 5/21/80 Page 19 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 14. Staff Report 5/21/80 - Continued. (SIDE 2-TF-O01) RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT Mayor Acosta stated that the whole RPD process has to go back to the Planning Commission and make the baricade one of the conditions of approval at that time. Mayor Acosta declared a recess at 12:35 a.m. Mayor Acosta recalled the meeting to order at 12:45 a.m. Vice Mayor Nicolopulos asked Councilwoman Teglia, "In 1977 when you were chairperson of the Planning Commission at that time Rotary Plaza petitioned the City for a re- zoning of an unclassified zoning to clas- sified zone, R-3, at that time it was all one parcel of land that included this pro- posed 36 unit condo property. On May 10, 1977 the Planning Commission unanimously with one member absent, voted to rezone that property from unclassified to R-3. He asked Councilwoman Teglia's rationale for that action". Councilwoman Teglia suggested it might be helpful if the Vice Mayor heard the tapes of those meetings and heard what the Planner and the applicant presented to the Commission at that time. Her remembrance at that time it was being presented to facilitate the expansion of Rotary Plaza, a Senior Citizens Center, which everyone in the Community recognized was a very positive thing to happen. Vice Mayor Nicolopulos said that the Resol- ution does not state that, it says "Whereas the Planning Commission at the conclusion of a Public Hearing adopted the following findings: 1) that the proposed rezoning would be consistent with the City of South San Francisco's General Plan; 2) that the elimination of (u) unclassified zone districts is in keeping with the General purpose and intent of the City of South San Francisco Zoning Ordinance, and 3) the location of the property adjacent to high density residence make the expansion 5/21/8o Page 20 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 14. Staff Report 5/21/80 - Continued. COMMUNITY DEVELOPMENT of high density multiple family residental units !and uses practical and consistent with the established goals and policies of the City of South San Francisco General Plan." He continued, that those were the only issues addressed... Councilwoman Teglia stated that was what was written as the findings and the testi- mony that led to that was specifically for the extension of Rotary Plaza, but perhaps it should have been incorporated into the Resolution. She again suggested that the Vice Mayor listen to the testimony on the tape and come to your own conclusion. Mayor Acosta stated this discussion was not germane to the §ubject that the property had been zoned. He stated that the Mitiga- tion Program which has been voted on to incorporate it and the part about the buffer, barricade, for Mr. Brown's property which can be done thru the RPD itself. He asked for a Motion on the environmental determination and what was recommended by Staff, the facts and findings. M/S Nicolopulos/Damonte - that Staff's recommendations grant the appeal and approve the Threshold Report on the condition that the Mitigating measure as specified with the Master Sewer ~lan be undertaken to process RPD-79-13 and SA-79-63 including approval of Negative Declaration No. 245. Councilman Addiego expressed concern that three Planning Commissioners wanted to file supplemental recommendations and three other members choosing not to allow that informa- tion to reach the Council. Mayor Acosta stated that this had been re- solved amongst the Planning Commission at the Joint Council Session because initally they did not have sufficient information because of the draft report of the Sewer Master Plan and then the Final report not. being available. These reports they have 5/21/80 Page 21 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Continued 14. Continued (TF-O052) POLICE DEPARTMENT 15. Staff Report 5/21/80 - recommending adoption of an Ordinance amending Ordinance No. 783-79 providing for the abatement and removal as public nuisances of abandoned, wrecked, vehicles; 1) Waive the reading of the Ordinace in its entirety; 2) Intro- duce and read for the first time an Ordinance amending Ordinance No. 783-79. 1st. Reading/Introduction AN ORDINANCE PROVIDING FOR ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY NOT INCLUDING HIGH- WAYS, AND RECOVERY OF COST OF ADMIN- ISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE PUBLIC SERVICES(TF-O092) 16. Public Hearing - Consideration of establishing sewer charges. Staff Report 5/21/80 - recommending open the Public Hearing and incor- porate any testimony from 5/7/80 meeting; 2) Close the Public Hearing; 3) Waive the reading of the Ordin- ance in its entirety and that the Ordinance be passed and adopted by reading title only; 4) That the COMMUNITY DEVELOPMENT - Continued received and the Commission is in agree- ment at this time. Director of Community Development Dell'Angelo stated that the action the three members wanted to take was to reiterate the Commis- sioners feelings that the env~romental impact report was still required. Mayor Acosta called for a roll call vote. Carried by majority roll call vote, Council- woman Teglia and Councilman Damonte voting no. POLICE DEPARTMENT City Manager Birkelo stated that this amend- ment to the Abondoned Vehicle Ordinance raises the value of the vehicle from $50.00 to $200.00. M/S Teglia/Damonte - 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 Damonte/Nicolopulos - that the Ordinance be introduced by reading title only. Carried by unanimous voice vote. PUBLIC SERVICES Mayor Acosta declared the Public Hearing open. City Manager Birkelo stated that the new charges reflect the higher salaries of the Treatment Plant employees and the increases for materials and energy, as well as a reserve for capital improvements of sewer line projects. He stated that the increases would still be below averages for North County Cities. 5/21/80 Page 22 AGENDA ACTION TAKEN PUBLIC SERVICES 16. Public Hearing - Continued. Ordinance be passed and adopted an Ordinance establishing sewer charges. 2nd Reading/Adoption AN ORDINANCE ESTABLISHING SEWER CHARGES AND PROCEDURES RELATED THERE- TO AND AMENDING ORDINANCE NO. 396, AS AMENDED. (TF-OIO5) 17. Staff Report 5/21/80 - recommending adoption of an Ordinance amending Ordinance No. 491, establishing speed limits; 1) 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 an Ordinance establishing speed limits for certain streets. 2nd Reading/Adoption AN ORDINANCE AMENDING ORDINANCE 491, AS AMENDED, AND ESTABLISHING SPEED LIMITS FOR CERTAIN STREETS OR PORTIONS THEREOF IN ACCORDANCE WITH AN ENGINEERING AND TRAFFIC SURVEY (TF-O!51) PUBLIC SERVICES Mayor Acosta invited anyone to speak in favor - no one spoke. He then invited those wishing to speak in opposition - no one spoke. Mayor Acosta closed the Public Hearing. M/S Nicolopulos/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 Damonte/Nicolopulos - That the Ordinance be passed and adopted. ORDINANCE NO. 818-80 Carried by unanimous roll call vote. M/S Teglia/Nicolopulos - 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. Mr. Ken Chiatello, 744 Larch Avenue, stated that two stop signs have been erected on Hillside which have helped the traffic problems. He expressed concern that from the proposed 35 mph this limit might be raised at some future date and believed if this happened it would again create traffic problems for the residents. Director of Public Services explained the criteria used to establish the speed limits on Hillside by traffic engineers and stated this Ordinance would be in effect for five years before another speed survey would be made. M/S Damonte/Nicolopulos - That the Ordinance be passed and adopted. ORDINANCE NO. 819-80 Carried by unanimous voice vote. 5/21/8o Page 23 A G E N D A A_C_T__I~O_N_N_ ZA_ K E N ~?~ PUBLIC SERVICES 18. Staff Report 5/21/80 - recommending adoption of a Resolution approving plans and specifications, author- izing the work and calling bids for the Municipal Parking Lot No. 9 Improvement Project No. PB-79-2 (formerly the Schumann property). A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AUTHORIZING THE WORK AND CALLING BIDS FOR MUNICIPAL PARKING LOT NO. 9 IMPROVEMENT PROJECT NO. PB-79-2 19. Staff Report 5/21/80 - recommending a Motion authorizing the Director of Public Services to execute a Change Order for the Municipal Services Building Project No. PB-78-1 COMMUNICATIONS ~/~3 20. Letter 5/15/80 requesting reconsidera, tion of the Colma Developer's request for a sewer connection. (TF-163) PUBLIC SERVICES City Manager Birkelo stated this item called for bids to improve the municipal parking lot formerly owned by Mr. Schumann. Motion by Councilwoman Teglia - That the Resolution be adopted. RESOLUTION NO. 54-80 Carried by unanimous roll call vote. This item was heard as Item No. 8a. COMMUNICATIONS City Manager Birkelo stated this had been discussed by Council on a previous request and Council had approved a single family sewer connection and that the letter asked for reconsideration of a duplex sewer hookup. Mr. Latham, 495 Holly Avenue, read a detailed history of this property and the resultant requests for sewer hookups. He spoke of the present threat by the Developer to build a warehouse on the property which would not need a sewer hookup. He requested Council again deny the duplex sewer hookup. Councilman Addiego expressed concern over the absence of the principals from Colma to answer questions by Council. A discussion followed on the ambiguity of the request as to whether it was a new duplex on a different parcel or the same request renewed. M/S Damonte/Addiego - To table any discussion of a duplex sewer connection hookup and reiteration of the approval of a single family sewer connection hookup. Carried by unanimous voice vote. 5/21/8o Page 24 AGENDA ACTION TAKEN ITEMS FROM STAFF 21. Consideration of concept of a Joint Powers Authority Committee (JPAC). (TF-316) 22. Discussion of Mr. Elmore's concern over Use Permits. (TF-330) ITEMS FROM STAFF City Manager Birkelo stated he had received a letter from the Mayor of Millbrae suggest- ing a meeting with the Councils of the four cities in relation to the Joint Powers Authority Committee (JPAC) to be held in the library in Millbrae either on June 7th or June 14th at 9:00 a.m. Consensus of Council was to hold the meeting Saturday, June 7, 1980, at 9:00 a.m. in Millbrae. Senior Planner Christians responded to the questions raised by Mr. 'Elmore at the 5/7/80 Council meeting regarding Use Permits at 640 Commercial and 357 Tamarack Lane. He stated that Staff advised the applicant at 640 Commercial to either revise his plans to reflect the original approval or submit the plans back to the Planning Commission for a hearing on the modification. He continued, at 357 Tamarack Lane this was brought before the Planning Commission and had been granted a slight modification to the original Use Permit since Planning had determined that the 6" modification on the side yard setbacks of the garage would have no detrimental effects on the sur- rounding properties. Mr. Elmore stated he had not been informed that this matter was on the agenda and did not discover it until 11:30 this evening. He stated that a Stop Work Order had been placed on 640 Commercial and asked if it had been removed. Senior Planner Christians stated that to the best of his knowledge the Stop Work Order had not been removed. Mr. Elmore said a gas line was put in 80 foot plus and nailed to the fence and then the man had applied for a plumbing permit and Mr. Elmore had been assured that a permit would not be issued until it was straightened out. He continued, it now has a gas approved sticker on it and the gas meter has been relocated -- he questioned if it had been tested with a pressure test. 5/21/80 Page 25 AGENDA ACTION TAKEN 2?4 ITEMS FROM STAFF 22. Mr. Elmore - Continued. (TF-400) 23. 23a. Staff Report 5/21/80 - RPD-79-12/ SA-79-62 Appian Village Unit #1, Broadmore Homes request to waive certain provisions of the Subdiv- ision Ordinance to allow building permits to be issued for model units prior to recordation of the Final Subdivision Map~ Discussion of a contract with Menkin-Lucero & Associates for 1980 Census. 24. (TF-461) Staff Report 5/21/80 - Request for an appropriation transfer of $200,000 for the Olympic Drive Investigation Program. ITEMS FROM STAFF Mr. Elmore talked in-depth concerning violations of permits and plan checks that had not been approved and Staff not doing its work and ignoring violations. City Attorney Noonan asked Mr. Elmore to visit his office and document where a Stop Work Order had been violated and he would take appropriate action. Mayor Acosta assured Mr. Elmore that when he came in to City Hall he personally would get to the bottom of the matter with the Building and Zoning Departments and hold a hearing. This item was continued under Agenda Review. City Manager Birkelo stated that the time- table given along with the proposal was a very tight schedule and the success of it depends on whether the City gets its data in order before the field crews move out so that corrections can be made while they are still at work. This work is investigative of every person who is under counted in the census in the community which would cost the City $65.00 per capita. He explained at length the benefits of having the census exceeding 50,000 in count through financial advantages in Federal programs to the City. He stated this initial cost for the service~would pay for itself in five years. M/S Damonte/Nicolopulos - To employ the census service for $9,250.00. Carried by unanimous voice vote. City Manager Birkelo asked that the amount of money be altered to $100,000 which is the amount of expenditures that have been made to date and Staff would come back at a later date with a request for approval of 5/21/80 Pa9e 26 AGENDA ITEMS FROM STAFF 24. Staff Report - Continued. (TF-482) 25. Review of Qantel computer status. 26. Staff Report 5/21/80 - requesting a Motion for consideration of the compensation proposal for part- time employees. ITEMS FROM COUNCIL 27. Discussion of Legislative Bills SB-1962 and SB-462. (TF-510) ACTION TAKEN ITEMS FROM STAFF additional expenditures. He stated that in the interim the City would make application through the State Office of Emergency Services for State and Federal Disaster Relief Funds. Motion by Teglia - To approve the $100,000 expenditures for Olympic Drive. Carried by unanimous roll call vote. City Attorney Noonan stated that it would be difficult to assert the claims and assessing the cost of damages and that he was pursuing a different tack, an approach to the liability standpoint, in hopes that the City and the homeowners might recover their losses. Mayor Acosta asked that this item be deferred to a later meeting, so ordered. Assistant to City Manager Wilson explained that this would crea~ broad ranges for part-time employees and appropriate titles. M/S Teglia/Damonte - To approve the compen- sation proposal for part-time employees. Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilwoman Teglia recommended the following bills be opposed and that communications to that effect should be mailed: SB-1962 - mobile homes on permanent foundations and single family zones; SB-462 - pre-empting City controls over Bill Board advances, and these be mailed to the Assembly. Councilwoman Teglia presented a petition from the residents in Buri~ Buri Park requesting more Police patrols to counter the young adults drinking and smoking pot in the park. Police Chief Datzman stated that there were three people working overtime surveiling the park and that he was working with the Park Supervisors looking for alternatives in handling the matters in Buri Buri Park and Orange Park. 5/21/8o Page 27 A.GE,N_DA A CT I O N T A K E N ITEMS FROM COUNCIL GOOD AND WELFARE (TF-585) ITEMS FROM COUNCIL Councilwoman Teglia questioned if there was representation on the EIR hearings on the Flying Tigers increase of service on night flights. Councilman Addiego stated that the South San Francisco Library had a program for shut-ins and anyone requesting information should contact Jean Altizio, President of the Library Board. Mayor Acosta stated that the Citizens Action League was having a Candidates Night on 5/27/80 at 230 Grand Avenue for the Office of Supervisor. GOOD AND WELFARE Mr. Latham asked for an interpretation on the term tabling in reference to the Colma hookup. City Attorney Noonan in response to the attorney for the Habitat Group explained a 3 to 3 vote as no action taken but does raise the right of appeal, however feels it should not come to Council until after the Planning Commission meets on 6/10/80 and could change the earlier vote. Mr. Elmore asked if the Good and Welfare portion of the 5/7/80 meeting was not on tape. City Clerk Battaya said yes, it was not on tape but it would be tape recorded from the Western Cable's tape of that meeting and the tape twisted and did not record. City Attorney Noonan reiterated that the Habitat Appeal should be continued and let the matter pend before the Planning Commission at their next meeting. The Attorney for the Habitat Group stated that under the law when there is a 3 to 3 vote then the Motion failed and an Appeal is taken from that and felt this put his Group at a disadvantage. City Attorney Noonan responded that this was not so according to the Rules of Order. 5/21/80 Page 28 A G E N DA A CT I 0 N TA K E N 277 ADJOURNMENT RESPECTFULLY SUBMITTED, M/S Teglia/Damonte - That the meeting be adjourned to Wednesday, the 28th day of May, 1980 at 7:00 p.m. in the City Council Conference Room, City Hall. Carried by unanimous voice vote. Time of adjournment: 2:50 a.m. APPROVED: 'Barbara A. Battaya, C,i~l~y Clerk City of South San Francisco Ronald 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. 5/21/8o Page 29