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HomeMy WebLinkAboutMinutes 1980-06-18Mr. Ronald G. Acosta Vice Mayor Nicolopulos Council: Mark N. Addiego Emanuele N. Damonte Roberta Cerri Teglia AGENDA Regular Meeting CALL TO ORDER: (Side I TF-OO1) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo Requested: - An Executive Session for the review of litigation in progress. - An Executive Session regarding personnel items. - Add as Item #33 Permit to the San Francisco Water Department to construct San Andreas Pipeline #3.. ORAL COMMUNICATIONS MINUTES ,~ 3Ct- CITY COUNCIL W. Oran§e Avenue Library Auditorium June 18, 1980 ACTION TAKEN Regular Meeting 7:37 p.m. Mayor Acosta presiding. Council Present: Teglia, Damonte, Nicolopulos, Addiego and Acosta. Council absent: None. Recited. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mrs. Helen Price, 350 Myrtle St., Redwood City, stated that even though she was opposed to the Downtown Revitalization she was not a member of the group suing the City but wanted to know if the City had won or lost the case. She further asked how long it would take, providing the City lost the case, for the City to return the merchants money plus the interest. She stated that July 7th was the deadline to pay the payment in full otherwise it was a 19 year assessment and she did not want an assessment on her property. City Manager Birkelo stated there had not been a change in status of the lawsuit as a subsequent report had not been received from the City's Attorney handling the case and felt it was still pending. He stated that the Council had been advised that an assessment 6/18/80 Page 1 A G E N D./~ A CT I O N TA K E N ORAL COMMUNICATIONS CONSENT CALENDAR 1. Minutes of the Regular Meeting of March 19, 1980. 2. Claim as filed by Raoul Jeanneret alleging damages to his automobile ORAL COMMUNICATIONS not being levied is very remote even though the Court suggested modifications in the methods used, so the likelihood of its all being refunded is probably not very high. He stated that when it is repaid the question of interest would be a policy matter for the Council to decide. Mayor Acosta asked the City Manager if at the present time the property owners were being asked to put money up. City Manager Birkelo stated yes, and that July 7th was the deadline to make the payment. Mrs. Price expressed concern in having to draw money out of the bank when interest rates were dropping and did not want to pay the assessment over a 19 year period. Councilman Addiego asked the City Manager if there was an adverse judgment from the Court wouldn't the specifics such as repayment and penalties be established in the edict. Mrs. Price stated that the deadline for payment should be extended in that the City did not know what direction it was going. City Manager Birkelo stated that he would have to check with Mr. Jones as to the statutes on Assessment Districts. CONSENT CALENDAR Approved. 6/18/80 Page 2 AGENDA ACTION TAKEN 308 CONSENT CALENDAR 2. Continued. when struck by a baseball thrown from the Orange Avenue Park. Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. Staff Report 6/18/80 - recommending a Motion to award the bid for reroof- ing of Harbor Fire Station to Stan, the Roof Man in the amount of $8,755.00. e Staff Report 6/18/80 - recommending a Motion to authorize the issuance of the Request for Proposal for the Police Department computer hardware equipment for the purposes of automating Police record keeping and crime analysis func- tions. Bo Staff Report 5/18/80 - recommending adoption of a Resolution approving the Final Subdivision Map for Appian Village Unit No. 1, a condominium project; authorize the execution of a Subdivision Improvement Agreement and provide for related matters. A RESOLUTION APPROVING THE FINAL SUBDIVISION MAP FOR APPIAN VILLAGE UNIT NO. 1, A CONDOMINIUM PROJECT 0 Staff Report 6/18/80 - recommending adoption of a Resolution approving conveyance to Pacific Gas and Electric Company of gas distribution facilities. A RESOLUTION AUTHORIZING EXECUTION OF A DEED OF CONVEYANCE TO PACIFIC GAS AND ELECTRIC COMPANY (GAS FACILITIES FOR THE GELLERT BOULEVARD EXTENSION) e Staff Report 6/18/80 - recommending adoption of a Resolution approving the Final Parcel Map being a Resub- division of lands of Sciandri which includes acceptance of Parcel "C" for street roadway purposes. CONSENT CALENDAR Motion to,deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. Approved. Removed from the Consent Calendar by Councilwoman Teglia. RESOLUTION NO. 59-80. RESOLUTION NO. 60-80 6/]8/80 Page 3 AGENDA ACTION TAKEN 209 CONSENT CALENDAR 7. Staff Report - Continued. A RESOLUTION APPROVING THE FINAL PARCEL MAP BEING A RESUBDIVISION OF LANDS OF SCIANDRI WHICH INCLUDES ACCEPTANCE OF PARCEL "C" FOR STREET ROADWAY PURPOSES Staff Report 6/18/80 - recommending adoption of a Resolution awarding the Municipal Parking Lot No, 9 - Improvement Project contract to Interstate Grading and Paving, Inc., for a bid in the amount of $31,900.00. A RESOLUTION OF AWARD OF CONTRACT FOR MUNICIPAL PARKING LOT NO. 9 - IMPROVE- MENT PROJECT PB-79-2 Staff Report 6/18/80 - recommending adoption of a Resolution adopting the general prevailing rate of per diem wages in South San Francisco. A RESOLUTION ADOPTING THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN SOUTH SAN FRANCISCO 10. Staff Report 6/18/80 - recommending a Motion authorizing the Purchasing Officer to call for bids for Custodial Paper Supplies. 11. Staff Report 6/18/80 - recommending a Motion to approve the specifications and authorize the Purchasing Officer to call for bids for Liquid Chlorine. 12. Staff Report 6/18/80 - recommending a Motion to approve the laundry supply requirements and authorize the Purchasing Officer to call for bids for Laundry Rental and Service for three years. 13. Staff Report 6/18/80 - informational report on the sale of surplus vehicles. 14. Staff Report 6/18/80 - recommending adoption of a Resolution authorizing expenditures pending the adoption of the 1980-81 Operating Budget. CONSENT CALENDAR RESOLUTION NO. 61-80 RESOLUTION NO. 62-80 RESOLUTION NO. 63-80 Removed from the Consent Calendar by Councilwoman Teglia. Approved. Approved. So noted. 6/18/80 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR 14. Staff Report - Continued. A RESOLUTION AUTHORIZING EXPENDITURES PENDING THE ADOPTION OF THE 1980-81 OPERATING BUDGET 15. Staff Report 6/18/80 - recommending adoption of a Resolution approving in final form the Operating Budget and the Revenue Sharing Budget for fiscal year 1979-80. A RESOLUTION APPROVING IN FINAL FORM THE OPERATING BUDGET AND THE REVENUE SHARING BUDGET FOR FISCAL YEAR 1979-80 16. Staff Report 6/18/80 - recommending a Motion to award the bid for equipment for exercise courses to Gamefield in the amount of $6,139.00 e Staff Report 6/18/80 - recommending a Motion to authorize the issuance of the Request for Proposal for the Police Department Computer Hardware Equipment for the purposes of automating Police record keeping and crime analysis functions. CONSENT CALENDAR RESOLUTION NO. 64-80 RESOLUTION NO. 65-80 Approved. M/S Teglia/Damonte - Consent Calendar be approved. Carried by unanimous voice vote. Police Chief Datzman in response to Councilwoman Teglia's questions explained the $27,000 Grant funding and the $10,000 requested from the City for the collection and retrieval of Police records; and the micro filming techniques still in use. Mr. William Tipton, Records Supervisor, explained the necessity of information retrieval which is also sent to the Justice Department and is available to citizens and the City. He pointed out that a manual retrieval system took hours, where the new computer would allow retrieval in minutes. A discussion followed on the safe- guards on the master file against computer information being lost. M/S Teglia/Nicolopulos - To approve the issuance of the Request for Proposal. Carried by unanimous voice vote. 6/18/80 Page 5 AGENDA 10. Staff Report 6/18/80 - recommending a Motion authorizing the Purchasing Officer to call for bids for Custodial Paper Supplies. (TF-110) APPROVAL OF BILLS (TF-125) 16a. Approval of Regular Bills of 6/18/80. CITY ATTORNEY 17. Staff Report 6/18/80 - recommending adoption of an Ordinance that adopts a Conflict of Interest Code for the City of South San Francisco; 1) Waive the reading of the Ordinance in its entirety; 2) Introduce and read for the first time an Ordinance adopting a Conclict of Interest Code as man- dated by the Fair Political Practices Commission. 1st Reading/Introduction AN ORDINANCE ADOPTING THE FAIR POLITICAL PRACTICES COMMISSION'S MODEL CONFLICT OF INTEREST CODE ACTION TAKEN 31! Councilwoman Teglia stated that in the past the City had not been able to purchase supplies in bulk due to a lack of storage space and questioned if this had been corrected. Director of Finance Anderson stated that these were annual supplies for existing storage and at a future time when more storage is available other larger items would be purchased as room is available. A discussion followed on the avail- ability of space at the Value Giant site, the basement of City Hall and the Police facility downtown. M/S Teglia/Nicolopulos - To author- ize the calling for bids for Cust- odial Paper Supplies. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Teglia - To approve the Regular Bills. Carried by unanimous voice vote. Councilman Addiego did not parti- cipate or vote in the matter of the claims of Brentwood Market. CITY ATTORNEY City Attorney Noonan stated that this Ordinance was drafted in accordance with the Political Reform Act and pursuant to the Model Conflict of Interest Code recommendations of the Fair Politi- cal Practices Commission and he recommended that the Model Conflict of Interest Code be adopted. He continued with an in-depth description of the disclosure categories for employees and those employees included with an involvement with City permits, approvals, real property or personal property, etc. 6/]8/80 Page 6 AGENDA ACTION TAKEN CITY ATTORNEY 17. Staff Report - Continued. (TF-150) Mayor Acosta Leaves Podium: 18. Staff Report 6/18/80 - recommending adoption of a Resolution to approve and execute the Final Map and auth- orize related acts of the Lands of Ayoob (Rare Earth) with all conditions in accordance with the writ of mandate. A RESOLUTION TO APPROVE AND EXECUTE THE FINAL MAP AND AUTHORIZE RELATED ACTS OF THE LANDS OF AYOOB (RARE EARTH) WITH ALL CONDITIONS IN ACCORDANCE WITH THE WRIT OF MANDATE CITY ATTORNEY M/S Damonte/Teglia - That the read- ing 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/Teglia - That the Ordinance be introduced by reading title only. Carried by unanimous voice vote. Mayor Acosta stepped down from the podium at 8:07 p.m. City Attorney Noonan stated that the original Resolution was redrafted due to the fact that it had been written in 1979 and the Agreement had been revised to include all of the conditions of the Planning Commission, that is implementation of February 12, 1980. This Resolution authorizes approval of the Final Map and the execution of the Improvement Agreement in accordance with the Court Order. Councilman Damonte commented that the action to be taken had been spelled out by the Court and wondered if there was any point in discussing the matter. City Attorney Noonan responded that Council should be aware that it was finalizing this action tonight and parts of it might be affected by Council's subsequent actions on the Rural Estates Zoning and other matters. He stated that Council should look at this action separately and said that in the hearing the Applicant asked for removal of one of the Planning Commission's con- ditions which had to do with the completion of the cul-de-sac and the Court would not do that. 6/18/80 Page 7 _AGENDA ACTION TAKEN CITY ATTORNEY 18. Staff Report - Continued. CITY ATTORNEY City Attorney Noonan said he had asked the Court for the inclusion of something and the Court said no, approve the map and order the map approved as conditionally approved by the Planning Commission through February 12, 1980. He stated that the map had to be approved by Court Order. Councilman Addiego asked for a digest of the Court proceeding from the City Attorney. City Attorney Noonan stated that the Applicant goes to the Judge and asks for an alternative writ of mandate, which said to issue the map - approve it, or appear before the Court and show cause explain why Council did not issue the map. The City then composes an Administrative Record, which is a transcript of all procedings and a compilation of all the staff reports and related papers and it is bound and the pages are numbered and indexed. Then there is something called Points of Authority and Opposition explaining to the Court why we did not approve the map. The third document that is filed is an Answer and Return and this then prepares the City for a discussion before the Court after having the three papers filed at least two days before the hearing. He stated that the Judge researches the matter and asks any questions that have not been made clear, gives the attorneys opportunity to comment and then makes his ruling. After the Judge makes his ruling a formal order is prepared for his signature and that order is served on the other party. In response to Councilman Addiego's question of how long the hearing took, City Attorney Noonan stated five minutes. 6/18/80 Page 8 AGENDA ACTION TAKEN CITY ATTORNEY 18. Staff Report - Continued. (TF-189) CITY ATTORNEY Motion by Damonte - That the Resolution be adopted. City Clerk Battaya asked the Vice Mayor if Council wished to hear speakers before or after the vote. City Attorney Noonan advised that the speakers be heard before the vote was taken. Councilman Damonte withdrew his Motion. John Moran, Esq. pointed out that this had been a decision made by a Lower Court Judge and a summary proceeding and he doubted the ability of the Court research staff to have gone over the voluminous records that were presented in this case. He continued, that the City had a right of appeal and an automatic stay of any kind of enforcement under the Peremptory Writ which has been issued. He advised the Council to take this matter to an intermediate Appellant Court and see if the City can win on the appeal and further rec- ommended that Council not adopt the Motion and have the City Attorney proceed with the Appeal to a higher Court. City Attorney Noonan spoke in-depth of the effect of the covenants and the hearing requirements and felt that the governmental obligations had been exhausted and that the City should not appeal and should let this issue go to a contest in substance where it belongs with a test of the covenants and restrictions. John Moran, Esq. differed with the City Attorney and said the real principal is the separation of the powers of government, whether or not the legislative body of the particular 6/18/80 Page 9 AGENDA ACTION TAKEN CITY ATTORNEY 18. Staff Report - Continued. (TF-222) (TF-256) (TF-284) Mayor Acosta Returned to the Podium: CITY ATTORNEY jurisdiction makes these kinds of land use decisions or whether the Court does. A discussion followed on the process- ing of the tentative map and the provisions for notifications to property owners. Councilman Addiego found it hard to believe that the Court had these papers two days and did an exhaustive research and rendered a decision after five minutes. He continued, that he hoped private individuals would pursue what is right in governmental processes. M/S Addiego/Teglia - To appeal the Court decision. Dave Uccelli, Esq., 520 E1Camino Real, San Mateo, stated he was the attorney for the petitioner in regard to the Writ of Mandate. He said that in regard to the tentative map and the refusal to approve the final map and the appeal that was taken, these were thoroughally reviewed by both himself and the City Attorney. He felt that the Judge had had suffic- ient time to value the evidence and make his findings and he felt that any appeal of the Court would be frivolous and his client would be entitled to attorney's fees. Vice Mayor Nicolopulos called for a vote on the Motion and Second. The Motion was defeated by a majority roll call vote, Councilman Addiego voted yes. M/S Damonte/Nicolopulos - That the Resolution be adopted. RESOLUTION NO. 66-80 Carried by majority roll call vote, Councilman Addiego voted no. Mayor Acosta returned at 8:30 p.m. to the podium. 6/18/80 Page 10 AGENDA ACTION TAKEN CITY MANAGER 19. Staff Report 6/18/80 - recommending adoption of a Resolution authorizing the City Manager to execute a Joint Powers Agreement creating North County Human Services Access System Adminis- trative Review Board. (TF-297) A RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT CREATING NORTH COUNTY HUMAN SERVICES ACCESS SYSTEM ADMINISTRATIVE REVIEW BOARD 20. Staff Report 6/18/80 - recommending adoption of a Resolution which res- cinds the Deferred Compensation Plan (Resolution No. 66-79) and adopts a revised Plan. (TF-324) A RESOLUTION ADOPTING THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA, DEFERRED COMPENSATION PLAN, AS REVISED 21. Staff Report 6/18/80 - recommending l) Waive the reading of the Ordinance in its entirety; 2) Introduce and read for th~ first time an Ordinance that makes amendments to the Personnel Ordinance, Classification Plan and annual salary Resolution; 3) Adopt the Resolution. 1st Reading/Introduction AN ORDINANCE AMENDING SECTION 6, of ORDINANCE NO. 449, ADOPTED MARCH 21, 1980, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND REESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES." CITY MANAGER City Manager Birkelo stated that this matter had been discussed at the 5/28/80 Study Session and that the system was designed to stream- line the entry process of those people processed who are eligible. He continued, that it would be at no cost to the City and that it would be Staff time only and that if the City wanted to nullify the Agreement it could do so in 60 days. Motion by Vice Mayor Nicolopulos - That the Resolution be adopted. RESOLUTION NO. 67-80 Carried by unanimous roll call vote. City Manager Birkelo explained that the changes' to the previously adopted Deferred Compensation Plan are to bring it into conformity with the IRS requirements. Motion by Damonte - That the Resolution be adopted. RESOLUTION NO. 68-80 Carried by unanimous roll call vote. City Manager Birkelo stated that the new budget will contain requests for additional custodial positions due to the Municipal Services Building's requirements and that there was a vacancy to be filled at this time and that was the reason for the need for the Ordinance at this time. M/S Damonte/Teglia - That the read- ing 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. 6/18/80 Page 11 AGENDA ACTION TAKEN 7!7 CITY MANAGER 21. Staff Report - Continued. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO CLASSIFICATION PLAN BY THE ADDITION, DELETION AND MODIFICATION OF CERTAIN CLASSES Executive Session: RECALL TO ORDER: COMMUNITY DEVELOPMENT 22. Public Hearing - Amendment t'o Rural Estates Zone continued. Staff Report 6/18/80 - recommending Open the Public Hearing and incorporate any testimony from 5/7/80 meeting; Close the Public Hearing; Waive the reading of the Ordinance in its entirety and that the Ordinance be passed and adopted by reading title only; That the Ordinance be passed and adopted, an Ordinance establishing 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 REPEALING ORDINANCE NO. 788-79 CITY MANAGER M/S Damonte/Teglia - That the Ordinance be introduced by reading title only. Carried by unanimous voice vote. M/S Teglia/Damonte - That the Resolution be adopted. RESOLUTION NO. 69-80 Carried by unanimous roll call vote. Council adjourned to an Executive Session at 8:40 p.m. to discuss litigation. The Meeting was recalled to order at 9:12 p.m., all Council present, no action taken - Mayor Acosta id not participate in the Executive Session. COMMUNITY DEVELOPMENT Mayor Acosta opened the Public Hearing. Director of Community Development Dell'Angela stated that this was one of three steps in order to implement a prezoning proposal for the Country Club Park area as directed by LAFCO. He stated that this was a revision of an Ordinance establishing an RE zone adopted by the Planning Commission and Council in April 1979. He continued, the Ordinance allows a single family home on a minimum lot size of 3/4 of an acre, 32,670 square feet, it allows certain farm animals, nurseries consistent with the uses presently in the Country Club Park area. He described in detail the permit provisions and the survey on lot splits, the covenants and a second lot split survey conducted by the City Manager's Office. 6/18/80 Page 12 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 22. Public Hearing - Continued, COMMUNITY DEVELOPMENT City Manager Birkelo stated that 47 ballots were mailed out to people in the area excluding those people who had already split their lots. The response was 26 people do not want lot splits in the area (55%), 12 indicated that lot splits should be allowed (25.5%), from 9 there was no response (19.5%) and that this was the result of the survey. Mayor Acosta expressed concern that 47 ballots were sent out and yet there is a total of 54 lots in the area. Director of Community Development Dell'Angela stated there were 60 parcels and 56 owners and 11 of the owners are on lots previously split. A discussion followed on the ballots and the people who had not received the ballots. Mayor Acosta said there are 60 parcels in Country Club Park and only 47 ballots were sent to the area, a response of 38 - he felt that not all the owners had had a chance to vote. Councilman Addiego stated that Council had decided who would be delegated to vote and had determined the terms of the voting. Mayor Acosta stated that a number of people were not sent ballots because they had already split and they would not be counted, however they had split and should be counted on the affirmative side. Councilwoman Teglia responded that if that was to be done then the no responses should be added to the majority, which would add 9 to the 26 nos and they cancel each other out - that leaves 26 and 12. 6/18/80 Page 13 AGENDA ACTION TAKEN 219 COMMUNITY DEVELOPMENT 22. Public Hearing - Continued. (IF-417) (TF-572) (TF-596) COMMUNITY DEVELOPMENT The discussion continued on the ballots cast for and against lot splits, brochures put in the mail- boxes swaying the voting. Mayor Acosta stated allegations had been made that if the residents came into the City it would cost them $50,000-$80,000 for a sewer system and he discussed street and light- ing improvements. Mayor Acosta questioned whether in the future when this Ordinance was adopted if the residents would have the opportunity to reopen the issue of lot splits. A discussion followed on rezoning and the changing of the General Plan, the individual residents who have requested sewer hookups and those lots that have the ability to split under the DCC&Rs. Councilman Damonte expressed concern over the animals and discussed in great length the number of animals that could be kept in the the area and grandfather- ing in animals if owners originally had more than the amount stated. A discussion followed on the permits and licenses in force by the County and the yearly renewals. A discussion followed on exotic animals and 4-H Club animal projects and the permits required throughout the City. Mr. Amer, 120 Verano Drive, stated he would rather have any kind of animal than the politicians he had seen throughout the country. Consensus of Council was to approve the grandfathering in of animals in the Country Club Park area. 6/18/80 Page 14 AGENDA ACTION TAKEN 3,20 COMMUNITY DEVELOPMENT 22. Public Hearing - Continued. (TF-615) COMMUNITY DEVELOPMENT A discussion followed on the language being precise in the Ordinance concerning animals and passing the Ordinance as it is and later modifying the Ordinance. M/S Damonte/Teglia - That the reading of the Ordinance in its entirety be waived and that the Ordinance be passed and adopted by reading title only. Mrs. Lillian O'Rourke, 264 Country Club Drive, said that changes should be made in the Ordinance that were initiated by the South San Francisco Planning Department Subcommittee and the residents would like this on record. (A copy of the recommended changes is is attached to the minutes and are .a part of the record of the minutes.) Director of Community Development Dell'Angela rebutted some of the statements made by Mrs. O'Rourke. A discussion followed on the changes agreed to by Council on the first reading of the Ordinance changing page 3-i and page 3-k making it proper to have a second reading. Mrs. O'Rourke stated that what the Director of Community Development was presenting to Council disagreed with what the residents had asked for at the last meeting and the residents had not seen the reworded Ordinance with Staff's comments. Director of Community Development Dell'Angela read through all of the Staff comments for the benefit of the Country Club Park residents. A discussion followed on minimum lot size, selling off part of a parcel and maintaining the minimum lot. 6/18/80 Page 15 REGARDING ATTACHED ORDINANCE: S '-F C IE~ITS CHANGES THAT SHOULD BE ~4ADE IN TEXT -- AS TtIESE WERE INITIATED BY THE SO. SAN FRANCISCO PLANNING DEPARTMENT SUBCOMMITTEE. 6/18/80 .,Reg. Council Meeting- Page 15a DELIVER~ BY EIglNE STEV~SO~ Do not 1. agree PACE 2 - 1 & 2 HORSE OR CATTLE (ONLY THESE LARGE ANI..ALS' r,~ WERE TO BE REGULATED.) · Agree 2. PAGE 3 - i 1,000 SQ'. ~T. TOTAL OW ALL DETACHED BUILDINGS. Agree PAGE ~ - k NA~E PLANT = 2 S~. ~T. Do not 4. Agree PAQE ~ - n 50 AVIARY BIRDS WAS CHANGED TO 200 OR 300 BIRDS BY PLANNIN~ DEPART~ENT 3/25/80 PLANNING CO~4ISSION MEETING. Do not Agree PAGE 5 - 4 REFERENCE BACK-T0 FINAL DECISION TO BE MADE REGARDING NOS. 1.& 4 ABOVE. CHANGES THAT RESIDENTS OF COUNTRY CLUB PARK WOULD LIKE: Y~ if lt~l 1. now Do not2. Agree PAGE 2 - 1 & 2 CAN ANIMALS EXISTING ON PROPERTY NOW BE "GRANDFATHERED IN" IF THE NUMBER EXCEEDS THE ALLOWABLE NUMBER OF ANIMALS PERMITTED? PAGE 3 - g .]'~.DO NOT .WANT PARKS OR pLAYGROUNDS ON ANY LOT ADJACENT TO OUT LOTS.· Do not Agree PAGE 4 - 1 .~ DO NOT WANT DAY'NURSERIES OR NURSERY SCHOOLS ON ANY LOT ADJACENT TO OUR LOTS. Do not 4. Agree PASE 5 - 3 WE HAVE 3 CHURCHES ON THE 2 BLOCKS PROPOSED FOR RE ZONING. WE DO NOT WANT ANY MORE THAN 3 CHURCHES. PAOE 5 - 4.74 - b. For accessory buildings - maximum twenty (20) feet average height between floor slab plate and ridge pole. We would like to add: "WITH A MAXIMUM SIDE WALL }{EIGHT OF 12 ~EET." 4.75 LOT SIZE ~E~WOULD LIKE CLARIFICATION THAT THE ESTABLISHED LOT SIZES WOULD NOT ALLOW AN INDIVIDUAL WITH A LOT SIZE GREATER THAN 32,670 SQ. FT. TO "SPIN-OFF" ANY PORTION OW THE PROPERTY INTO THE R-1 ZONE. THIS INCLUDES RE LOTS ABUTTING SO. SAN FRANCISCO & R-1 PROPERTIES. Not possible ALSO, A CURRENT PETITION CIRCULATED TO PROPERTY OWNERS REFLECTS THAT THE% ARE, BY MAJORITY, IN FAVOR OF ALLOWING THE CORNER LOTS, THAT CAN BE SPLIT BY DEED RESTRICTIONS, TO BE SPLIT IN HALF. STAFF '~OMM~NTs Disagree 1. Agree 2. 6/18/80 Regular Council Meeting Page 15b - 2 - PAGE 7 - 4.78 WE ARE NOT OBJECTING TO A PERMIT BEING REQUIRED FOR THE KEEPING OF ANI'~ALS. HOWEVER, WE WOULD LIKE ASSURANCE THAT, IN THE FUTURE, SO. SAN FRANCISCO WILL NOT DECIDE TO NOT ISSUE PERqITS, SO. SAN FRANCISCO WILL NOT CHARGE FOR THESE PERMITS. ADDITIONAL COMMENTS: ON THE MAP OF THE GENERAL PLAN AMENDMENT & ON THE MAP OF THE PRE-ZONING FOR COUNTRY CLUB PARK: THE LANDS OF AYOOB, RICHARD PLATH & THE SAMOAN CHURCH ARE NOT INCLUDED IN THE RURAL ESTATES ZONE. THESE MUST BE. IT IS ALSO NOTED THAT OTHER LANDS BELONOING TO THE COUNTRY CLUB PARK SUBDIVISION ARE NOT INCLUDED IN THE BOUNDARIES FOR THIS RE ZONE. THEY TOO ARE PART OF COUNTRY CLUB PARK AND ARE INCLUDED UNDER OUR ~-ED RESTRICTIONS. WE ARE MOST ANXIOUS TO ATTEND THE MEETINGS CONCERNING "I~PROVEMENTS", SUCH AS STREETS, SEWERS, LITES ETC. AS WAS .PROMISED WE WOULD~BE ASKED TO ATTEND BY THE CITY COUNCIL. WE ARE ANXIOUS TO'DISCUSS HERITAGE & SIGNIWICANT TREE ORDINANCES, FIRE PROTECTION FROM TALL GRASS ACCUMULATION ON LOTS (~[ICH SERVICE THE COUNTY PRESENTLY PROVIDES THROUGH THE FORESTRY SERVICE) ETC. A G E NDA A CT I O N TA K E N JJ2 COMMUNITY DEVELOPMENT 22. Public Hearing - Continued. COMMUNITY DEVELOPMENT Mr. Ronald Brown, 217 Country Club Drive, stating that Country Club Park had three churches and did not want any more and addressed adding a maximum side wall height of 12' feet. He stated that the residents were not objecting to permits being required for the keeping of animals but did not want to pay a fee for the permit. He continued, that the ballots sent by the City Manager's Office were to be sent by registered mail and they were mailed by regular mail. He was further concerned by the exorbitant cost of ripping up streets and replac- ing the streets, sewer systems, etc. He stated that the residents were very concerned and wanted estimated costs on the improvements to be made after annexation. Councilwoman Teglia asked the Director of Community Development Dell'Angela if Mr. Catalano would be able to acquire 5,000 feet of a neighboring property in order to put in improvements that the City has required, i.e., a bulb, a cul-de-sac. Director of Community Development Dell'Angela said the property is owned by the Church and if the Church allows Mr. Catalano will be able to buy the property and complete the bulb. Mr. Brown inquired who would pay for the improvements after annexation and whether it would be a form of taxation on top of the current taxes. City Manager Birkelo stated that those would be policy decisions and would be made by the Council. 6/18/80 Page 16 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 22. Public Hearing - Continued. (TF-845) (TF-858) COMMUNITY DEVELOPMENT Mr. Brown asked if this means that the only costs that the residents can be forced to incur if the running of the sewer lines and the connection of the sewer lines to the residents homes. City Manager Birkelo stated that the sewer is the only one that he knew of where the residents could conceivably be forced into paying for something the majority did not want. City Attorney Noonan stated that anything that affected any health hazards could be enforced and an Assessment District could be enforced but not by the City. Mr. Brown asked if this also means the residents Would not have to pay for streets, sidewalks, etc. Mayor Acosta stated that com, itment could not be made at this time. Councilman Damonte called for the question. Mrs. Elaine Stevenson, 297 Alta Vista, stated that new residents have asked what the improvements would cost and that the answer had been to call Mr. Yee as an answer was not known by any of the residents. Mayor Acosta closed the Public Hear- ing and called for the vote. Carried by majority roll call vote, Councilman Addiego voted no. M/S Teglia/Nicolopulos - That the Ordinance be passed and adopted. ORDINANCE NO. 821-80 Carried by unanimous voice vote. 6/18/80 Page 17 AGENDA ACTION TAKEN COMMUN I TY DEVE LOPME NT 23. Public Hearing - Reconsideration of the General Plan Proposal for Country Club Park area - GP-80-11/Negative Declaration No. 259, 24. Staff Report 6/18/80 - recommending Open the Public Hearing and incorpor- ate any testimony from 5/7/80 meeting; 2) Close the Public Hearing. Public Hearfng - Prezoning of Country Club Park - RZ-80-61/Negative Declaration No. 260. Staff Report 6/18/80 - recommending Open the Public Hearing and incorporate 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 pre- zoning the Country Club Park area to the R-E Rural Estates Zone. 2nd Reading/Adoption AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PREZONING A DESIGNATED PORTION OF THE COUNTRY CLUB PARK AREA AS A RURAL ESTATES ZONE (RZ-80-61) ( T F- 883 ) ,-~J~ ,7 RECESS: RECALL TO ORDER: PARK AND RECREATION 25. Staff Report 6/18/80 - recommending adoption of a Resolution for lease of proposed Appian Way park site by Broadmoor Homes. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF PRO- POSED APPIAN WAY PARK SITE BY BROADMOOR HOMES COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela said this item could be dispensed with as it had been handled by Council action. Director of Community Development Dell'Angela stated that an R-E zone had been established and that was going to be utilized to prezone the Country Club Park area and was consistent with the General Plan. 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 Teglia/Damonte - That the Ordinance be passed and adopted. ORDINANCE NO. 822-80 Carried by unanimous voice vote. Mayor Acosta declared a recess at 10:38 p.m. Mayor Acosta recalled the meeting to order at 10:35 p.m., all Council present. PARK AND RECREATION Director of Park & Recreation Norton stated this was a lease to use the park site for a period of a year to use it as a staging area for the firm's construction and to store top soil and equipment. He further stated that an 8 foot fence would be erected to protect the trees on the site and that the boyscouts who have used the area 6/18/80 Page 18 A G E N D A A C T I 0 N T A K E N 22G PARK AND RECREATION 25. Staff Report -Continued. (TF-929) POLICE 26. Staff Report 6/18/80 - recommending 1) Waive the reading of the Ordinance in its entirety; 2) Introduce and read for the first time an Ordinance establishing Building Security require- ments. 1st Reading/Introduction BUILDING SECURITY ORDINANCE PUBLIC SERVICES 27. Staff Report 6/18/80 - recommending one of the two alternative actions; 1) Second reading and adoption of an Ordinance amending Ordinance No. 491, and establishing regulations for handicapped persons parking zones. MOTION TO ADOPT ALTERNATE 1 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 an Ordinance amending Ordinance No. 491. 2nd Reading/Adoption AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 491, AS AMENDED, AND ESTABLISHING REGULA- TIONS FOR HANDICAPPED PERSONS PARKING ZONES ~'~ PARK AND RECREATION would be accommodated elsewhere. Motion by Teglia - That the Resolution be adopted. RESOLUTION NO. 70-80 Carried by unanimous roll call vote. Council reviewed the remaining Agenda with the idea that the meeting would not go past midnight. POLICE M/S Damonte/Teglia - 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/Damonte - That the Ordinance be introduced by reading title only. Carried by unanimous voice vote. PUBLIC SERVICES Director of Public Services Yee stated that at the last meeting there had been discussion of the location of the signs and the City Attorney's Office has changed the Ordinance stating that the signs would be located adjacent to the stalls rather than at the entrances~ Because of that change the City Attorney's Office recommends that Council adopt Alternate 2, however if Council chooses to have a second reading of the other Ordinance it too is in compliance with the Vehicle Code. Assistant City Attorney Rogers stated that the original Ordinance was copied from the Vehicle Code, however the wording of the sign, 6/18/~ Page ~_GEN_~_A A CT I O N TA K E N PUBLIC SERVICES 27. Staff Report - Continued. MOTION TO ADOPT ALTERNATE 2 l) Rescind Motion and Second of 6/4/80; 2) Waive the reading of the Ordinance in its entirety; 3) Introduce and read for the first time an Ordinance amend- ing Ordinance No. 491. 1st Reading/Introduction AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 491 AS AMENDED, AND ESTABLISHING REGULA- TIONS FOR HANDICAPPED PERSONS PARKING ZONES 28. (TF-996) Staff Report 6/18/80 - recommending a) adoption of a Resolution author- izing the Director of Public Services to release one half of the 10% retention presently being withheld from the DeNarde Construction Company as provided by its' contract with the City for the construct- ion of the South San Francisco - San Bruno Wastewater Treatment Plant Improve- ments and Solids Management Project C-06-1235-120 and C-06-1267-130 b) authorize the Director of Public Services to execute Change Order No. 15 to furnish and install redesigned grit removal equip- ment. A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO RELEASE THE 10% RETENTION PRESENTLY BEING WITHHELD FROM THE DENARDE CONSTRUCTION COMPANY AS PROVIDED BY ITS CONTRACT WITH THE CITY FOR THE CONSTRUCTION OF THE SOUTH PUBLIC SERVICES which is mandatory under the Vehicle Code, doesn't refer to handicapped parking spaces. A discussion followed on the sign indicating handicapped parking, the number of handicapped spaces needed for a lot M/S Teglia/Nicolopulos - To rescind the Motion and Second of 6/4/80. Carried by unanimous voice vote. M/S Teglia/Addiego - That the read- ing of the revised 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. Director of Public Services Yee explained that in releasing one half of the 10% retention presently being withheld from the DeNarde Construction Company all of the work has been satisfactorily com- pletedwith the exception of the completion of the grit removal equipment. He continued, that the new equipment installed was found to be of insufficient capacity and that it would take six months for the City to receive the larger buckets for the grit con- veyor and that DeNarde would pro- vide for the installation with a decrease in the City's cost of $1,500 and that the Change Order would not result in a cost to the City. 6/18/80 Page 20 AGENDA ACTION TAKEN 228 PUBLIC SERVICES 28. Staff Report - Continued. (TF-1038) SAN FRANCISCO - SAN BRUNO WASTEWATER TREATMENT PLANT IMPROVEMENTS AND SOLIDS MANAGEMENT PROJECT C-06-1235-120 AND C-06-1267-130 29. (TF-1077) Staff Report 6/18/80 - recommending a Motion to approve and authorize the Director of Public Services to execute Municipal Services Building Change Order No. 3 due to field conditions, and equipment design and code require- ments. (TF-1194) COMMUNICATIONS 30. Letter from Winston Manor Home Owners Association requesting a parade permit for the Winston Manor I area on July 4, 1980. PUBLIC SERVICES Mr. Ralph Nofield, Reta/Nolte, described the problems in manufactur- ing the buckets in the capacity that was needed. A discussion followed on the drying beds and the cleaning of the beds. Councilwoman Teglia requested a report on sludge beds. Motion by Nicolopulos - That the Resolution be adopted. RESOLUTION NO. 71-80 Carried by unanimous roll call vote. Director of Public Services Yee explained that this change order · was due to field conditions, equipment design and code require- ments and stated that he had gone over the funding costs with the Director of Finance. Mr. Howard Conart, Steinberg Assoc., gave an in-depth description of the items making up the change order. A discussion followed on sources of funding, reserves, renting out space and the resultant revenues. M/S Nicolopulos/Damonte - To approve Change Order No. 3. Carried by unanimous voice vote. COMMUNICATIONS Councilwoman Teglia requested the Police Department to issue the necessary permits. M/S Teglia/Damonte - To approve the parade permit. Carried by unanimous voice vote. ll81~Q age ~ AGENDA ACTION TAKEN ITEMS FROM STAFF 31. Staff Report 6/18/80 - recommending Motion authorizing the Director of Public Services to obtain an appraisal of the proposed exchange of City owned land for land of South San Francisco Scavenger/Bay Investment Company located south of the City's sludge composting facility. (TF-1224) (TF-1351) 32. Status of Buri Buri Park. 33. Staff Report 6/18/80 - recommending a Motion to authorize the Director of Public Services to grant an Encroach- ment Permit to the San Francisco Water Department for the construction of the San Andreas Pipeline No. 3. ITEMS FROM STAFF City Manager Birkelo requested approval to obtain an appraisal of the subject properties with an estimated cost not to exceed $2,000 which will be shared equally by the City and Trux Inc. He explained that the Scavenger property is in close proximity downwind of Tillo and if it could be acquired by the City it would round out the City's holdings in the area. Councilwoman Teglia questioned that there was an application for a use permit for a office facility. Director of Public Services Yee stated it had come to his attention that there was a use permit applic- ation before the Planning Commission to be used as an airfreight terminal and due to air quality and he felt the use was not compatible. A discussion followed with Mr. Scopesi representing the Scavenger Company and Mr. Bob Simms on the relocation to Belle Air Road. M/S Teglia/Nicolopulos - To approve the appraisal which is not to exceed $2,000 to be shared equally by the Trux Inc. and the City. Carried by majority voice vote, Mayor Acosta voted no. Police Chief Datzman stated there had been a meeting last Wednesday with the members of the Buri Buri area on the problems in Buri Buri Park and the constructive actions that had taken place by the Police and park personnel. Director of Public Services Yee stated that the San Francisco Water Department had requested a permit to construct the project and will include a requirement that the line under Westborough 6/18/80 Page 22 AGENDA ACTION TAKEN 230 ITEMS FROM STAFF 33. Staff Report - Continued. (TF-1390) (TF-1425) 34. Request for a committee of two to act as an Audit Committee. ITEMS FROM COUNCIL Councilwoman Teglia: Councilman Damonte: Mayor Acosta: ITEMS FROM STAFF Boulevard be jacked or tunnelled. He continued, the Water Department had given assurances that two-way traffic will be maintained and that all conditions would be complied with. Consensus of Council - To authorize the Director of Public Services to grant an Encroachment Permit to the San Francisco Water Department. Director of Finance Anderson asked the Mayor to appoint two Council members to act as the Audit Committee and meet width the City's Auditors to review the prior year's audit report. Mayor Acosta stated that the Mayor and the Vice Mayor would be the members of the Audit Committee. ITEMS FROM COUNCIL Asked that the Planning Director to bring an Ordinance on Home Businesses and Occupations for Council's review and direction at the next meeting. Director of Community Development Dell'Angela stated that a Study Session of the Planning Commission was scheduled for the next week and that item was to be discussed. He stated a report would be forth- coming to Council~from that meeting. Wanted an Agenda discussion on the future determination of Magnolia Center. Wanted a follow-up by Staff on the letter sent to the owner of the Winston Manor Shopping Center on repair and restriping of the parking lot, Requested the Fire Marshall inspect the access door at Drug King which is again blocked. 6/18/80 Page 23 AGENDA ACTION TAKEN 22] ITEMS FROM COUNCIL Councilman Damonte: Mayor Acosta: GOOD AND WELFARE (TF-1461) Mayor Acosta Left the Podium: ITEMS FROM COUNCIL Stated he would be on vacation the following week. Stated he would also be on vacation the following week. GOOD AND WELFARE Mrs. Lillian O'Rourke, 264 Country Club Drive, stated that the residents of Country Club Park had voted for no splits and the majority had won and she wondered why the Church property, in relation to Mr. Catalano, was always brought up when tonight's meeting had stated there were to be no splits. City Attorney Noonan stated that at the 2/12/80 Planning Commission meeting an additional condition was attached to the Developer, that he would complete the cul-de-sac bulb on Taylor Drive. In order to do that the Developer must acquire more property, the Developer or Mr. Dell'Angela had said the Developer had an option to acquire property. In the Court Mr. Uccelli asked the Judge to relax that con- dition and the Judge said no, your client Mr. Ayoob said he would comply with all conditions to approve the map. Apparently Mr. Ayoob has an option. Mr. Ayoob and the Church are discussing a lot split in connection with the cul-de-sac bulb completion. Mayor Acosta left the podium at 12:01 and did not participate in the discussion. Mrs. O'Rourke stated that when the church property was purchased it was to use the land for parking and not park on the street. The discussion continued on the Court decision, the City's respon- sibility, the Developer's responsibil- ity, the DCC&Rs. 6/18/80 Page 24 A G E N DA A CZI_O__N__ T_A K E N 222 GOOD AND WELFARE (TF-1573) Executive Session: RECALL TO ORDER: ADJOURNMENT RESPECTFULLY SUBMITTED, Barbara A. Battaya, Citj~Clerk City of South San Francisco GOOD AND WELFARE Mrs. Lillian O'Rourke reiterated that the Church needs a parking lot so that the church goers can stop parking on the streets and believed that Mr. Catalano had no right to that property when the residents say no lot splits. City Attorney Noonan stated that if the property was acquired by Mr. Catalano and made into a cul-de-sac it would be dedicated to the City. Council adjourned to an Executive Session at 12:14 a.m. to discuss personnel problems. The Meeting was recalled to order at l:lO a.m., all Council present, no action taken. M/S Teglia/Damonte - That the meeting be adjourned to Monday, June 30, 1980 at 6:00 p.m. in the City Council Conference Room, City Hall. Carried by unanimous voice vote. Time of adjournment: l:ll a.m. APPROVED: 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. 6/18/80 Page 25