HomeMy WebLinkAboutMinutes 1981-01-07Mayor Ronald G. Acosta
Vice Mayor Gus Nicolopulos
Council:
Mark N. Addiego
Emanuele N. Damonte
Roberta Cerri Teglia
MINUTES
CITY COUNCIL
W. Orange Avenue Library Auditorium
January 7, 1981
AGENDA
Regular Meeting
CALL TO ORDER
(Side 1TF-O01, Track 2)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
City Manager Birkelo requested:
- Closed Session to discuss labor
relations, personnel matters and
litigation.
- Add Item 6a. to adopt a Resolution
for the issuance of a Dredging
Permit to the City of Brisbane.
PRESENTATIONS
Beautification Awards
ORAL COMMUNICATIONS
ACTION TAKEN
Regular Meeting
7:40 p.m. Mayor Acosta presiding.
Council present: Teglia, Damonte
Nicolopulos,
Addiego and Acosta.
Council absent: None.
Recited.
AGENDA REVIEW
So ordered.
PRESENTATIONS
Mayor Acosta presented the following
awards: Industrial Award to Pellegr~ni
Bros. Wines Inc.; Multiple Dwelling -
Mrs. Marie Dovicchi; Residential
Award - Mr. Ivan and Mrs. Marie Reese;
Business Category - John Penna Realty.
ORAL COMMUNICATIONS
Mr. Richard Fraher, 82 Calvert Ave.,
questioned when the landscapping
would be completed on Duval and
Arlington.
City Manager Birkelo stated that a
meeting had not been held at this
point with the residents and that
he would get back to Mr. Fraher
when a meeting was scheduled.
1/7/81
Page 1
CONSENT CALENDAR
1. Minutes of the Regular Meeting of
11/19/80
2. Claim as filed by Timothy V. Regan
alleging personal injuries and
loss of work due to injuries sus-
tained as the result of falling
into an uncovered storm drain.
Motion to deny and refer to the
City's Insurance Adjuster and to
the Office of the City Attorney.
3. Claim as filed by Fred Young
alleging damages to his automobile
when struck by a City driven
vehicle. Motion to deny and refer
to ~he City's Insurance Adjuster
and to the Office of the City
Attorney.
4. Staff Report 1/7/81 recommending
adoption of a Resolution author-
izing issuance of grading permits.
A RESOLUTION AUTHORIZING ISSUANCE
OF GRADING PERMITS
Staff Report 1/7/81 recommending
by Motion authorization for the
Purchasing Officer to advertise
and sell City surplus office
furniture by auction.
Staff Report 1/7-/l~Frecommending
by Motion a Public Hearing be
set for 2/18/81 to consider an
appeal of UP-80-570/McDonald's
Corporation on South Airport
Boulevard.
Be
Staff Report 1/7/81 recommending
by Motion authorization for the
Purchasing Officer to advertise
and sell City surplus office
furniture by auction.
CONSENT CALENDAR
Approved.
So ordered.
Councilwoman Teglia requested a
discussion on this matter in Closed
Session, however she did not remove
the item from the Consent Calendar.
So ordered.
Pulled from the Consent Calendar
for discussion by Councilwoman
Teglia.
Pulled from the Consent Calendar
for discussion by Councilwoman
Teglia.
So ordered.
M/S Damonte/Teglia - Consent Calendar
be approved with the exception of
Items No. 4 and 5.
Carried by unanimous voice vote.
Councilwoman Teglia stated this item
was not in question and really wanted
to discuss Item No. 4.
M/S Addiego/Teglia - To approve Item
No. 5.
Carried by unanimous voice vote.
1/7/81
Page 2
AGENDA
ACTION TAKEN
239
(TF-O090)
Staff Report I/7/81 recommending
adoption of a Resolution author-
izing issuance of grading permits.
A RESOLUTION AUTHORIZING THE
ISSUANCE OF GRADING PERMITS
CITY MANAGER
6a.
Request for adoption of a
Resolution for the issuance of a
Dredging Permit to the City of
Brisbane.
A RESOLUTION AUTHORIZING ISSUANCE
OF A DREDGING PERMIT TO THE CITY
OF BRISBANE
Councilwoman Teglia questioned why
the procedure for the issuance of
Grading Permits was being changed.
Assistant City Attorney Rogers said
Staff felt that since the expertise
of handling Grading Permits lay with
the Director of Public Services,
therefore felt a two step process of
issuing the permits was unnecessary.
Councilwoman Teglia stated that City
Attorney Noonan had always been a
very careful man and she felt uncom-
fortable changing one of his procedures
without knowing of his concurrence in
the change. She further asked if the
City Clerk had been informed of this
change.
A discussion followed which indicated
that the Clerk had not been informed
of the removal of duties and Staff
was directed for the future to inform
Staff members in advance when duties
were to be removed or added.
M/S Addiego/Teglia - To approve Item
No. 4.
RESOLUTION NO. 1-81
Carried by unanimous voice vote.
CITY MANAGER
City Manager Birkelo explained that
this was a new area having to do with
dredging under the Bay and that the
City was the Trustee by virtue of a
Tidelands Agreement with the City.
City Manager Kerwin, City of Brisbane,
presented maps of the area to be
dredged and pointed out the boundaries
of the two Cities and where the boats
would be berthed.
Mayor Acosta stated that he wanted an
understanding to the effect that if
1/7/81
Page 3
AGENDA
ACTION TAKEN
CITY MANAGER
6a. Request - Continued.
(TF-1 70)
APPROVAL OF BILLS
7. Approval of Regular Bills of
1/7/81.
CITY MANAGER (TF-177)
J
Staff Report 1/7/81 recommending
adoption of a Resolution author-
izing execution of a Letter of
Understanding between the City of
South San Francisco and San Mateo
County in relation to the planning
process of the development of the
South Slope of San Bruno Mountain.
CITY MANAGER
any leachate problem occurred the
City of South San Francisco, in
having issued the dredging permit, was
not responsible for the leachate
problems.
City Manager Kerwin Assured the Mayor
that the City of Brisbane was respon-
sible for any leachate problems that
might occur.
Vice Mayor Nicolopulos asked if there
would be a problem in dredging that
would stimulate the soil through
upheaval on the dump site.
City Manager Kerwin stated that he
had been assured by the Soil Engineer
that there would not be a problem.
A discussion followed on dump site
locations, the royalties and who
was entitled to them, the lease
with the State Land Commission, etc.
Motion by Damonte - To adopt the
Resolution.
RESOLUTION NO. 2-81
Carried by unanimous roll call vote.
APPROVAL OF BILLS
M/S Teglia/Damonte - To approve the
bills.
Carried by unanimous voice vote.
Councilman Addiego did not participate
or vote in the matter of the claim of
Brentwood Market.
CITY MANAGER
City Manager Birkelo said that Staff
felt that this matter should be favor-
ably considered and cited the follow-
ing reasons: 1) That the City should
not take the risk of development on
the South Slope that did not have the
full participation of the City; and
2) The City had made commitments to
1/7/81
Page 4
AGENDA ACTION TAKEN '241
CITY MANAGER
8. Staff Report - Continued.
A RESOLUTION AUTHORIZING EXECUTION
OF A LETTER OF UNDERSTANDING WITH
CITY OF SOUTH SAN FRANCISCO/SAN
MATEO COUNTY
(TF-216)
CITY MANAGER
LAFCO due to the sphere of influence
and it was Staff's opinion that if
conditions have changed, where the
present Council wants to alter it,
then it should be on the analysis
of conditions and could lead to a
different policy direction. He
continued, this could be best accom-
plished in the Agreement and that
his information was that the Agreement
was fully accessible to the County.
Mayor Acosta questioned the time
limit in the Letter of Understanding
and voiced concern about any res-
traints being put on the City.
Assistant City Attorney Rogers said
there was no need to worry about time
limits and added that the City could
back out of the Agreement at any
time.
Councilwoman Teglia asked for an
explanation of the difference between
a lead agency and a responsible agency.
Assistant City Attorney Rogers said
that a Lead Agency is a concept that
is explained in the California
Municipal Code and it deals with the
Environmental Quality Act. When
there are several agencies involved
or affected by a project the agency
most deeply involved in the project
is designated as the lead agency
for purposes of coordination. That
agency is the one that presents the
EIR, if one is to be made in a
project. The responsible agency is
an agency that is involved but not the
lead agency.
A discussion followed on the City's
concerns, i.e., differences of opinion
between the City and the County on
multi-family vs. single family; the
impact of the development on the
environment, such as the endangered
species and ecology, etc.
1/7/81
Page 5
AGENDA
CITY MANAGER
8. Staff Report - Continued.
(TF-263)
ACTION TAKEN
242
CITY MANAGER
Councilwoman Teglia stated that the
Board of Supervisors had said no
to a development of approximately
20,000 people and yes to 3,500 people
on the South Slope proposed development.
In her opinion it seemed that there
had been a decision made by the Board and
asked what the City's input was to
that decision on the number of people.
Director of Community Development
Dell'Angela said that the County plan
was adopted in 1976 and that there
had been no commitment in terms of
the number of units that will be
allowed before an EIR and economic
impact reports are made. He stated
that the planning process had to
be started and with the veto power
there was control over the approval
of a population count of units.
Councilman Addiego stated that he
felt veto power in this instance was
rather farcical in that a representative
of the Board of Supervisors had stated
that with or without South San Francisco
there would be development on the
Mountain.
City Manager Birkelo said that if
the City and County cannot agree on
the planning process and the City
elects not to annex the area then
it would be up to the County to
develop it as an unincorporated area.
A discussion followed on the sphere
of influence, the County's General
Plan, housing problems, the con-
ceptual plans, future public
hearings, 20% low cost housing for
moderate incomes, etc.
Councilman Addiego expressed his
reservations on the matter of control
of the project.
Councilwoman Teglia stated expressed
concerns of the community in relation
1/7/81
Page 6
AGENDA
CITY MANAGER
8. Staff Report - Continued.
(TF-294)
(TF-357)
ACTION TAKEN
243
CITY MANAGER
to density and that the number of people
to be assigned to the area had
already been established by the
County.
Director of Community Development
Dell'Angela stated that unless the
sphere of influence was changed
from South San Francisco that the
County's plans are open for dis-
cussion.
Councilwoman Teglia made reference
to statements by Supervisor
Fitzgerald that the highest density
should be considered on South Slope
to accommodate the housing problem.
She felt those remarks were not
to South San Francisco's advantage.
Mayor Acosta stated that nothing had
been formalized in plans and that
there would be the conceptual stages
and then the public hearings and
staff meetings.
Mr. Michael Gallegos, 144 Pecks Lane,
said he jogs on the Mountain often
and would not like to have more open
space being developed for housing.
He stated he was further concerned
that the South Slope development
would impose further transportation
problems, when the buses were
already crowded. He continued,
saying that if the County was going
to develop with or without South
San Francisco then there should be
more moderate housing provided than
the 20% proposed.
Mr. Michael Ray Addiego, 98 Irving St.,
stated that he was distressed that
the City was going to sign a letter
agreement that was not written
specifically with the options stated.
He stated that he came to an open
meeting this evening and was unable
to enter the meeting room because
of a capacity crowd and questioned
why the meeting was not being held
in a larger facility. He stated
1/7/81
Page 7
244
AGENDA ACTION TAKEN
CITY MANAGER
8. Staff Report - Continued.
(TF-373)
CITY MANAGER
that the meeting was being shown
on T.V. and that the sound kept
fading out which did not allow the
public to view and hear the meeting.
He stated that if the City entered
into an agreement with the County
he hoped that the agreement was
rewritten stating that the City
would have control. He said that
the only control that the citizens
had was through the exercise of
their vote during an election.
Mr. Ray Latham, 495 Holly Ave.,
made reference to the comment made
that the City shall not take the
risk that development would take
place on the South Slope without
full participation from the City
and its residents. He thought the
statement was meaningless in that the
development could not take place
without the support of South San
Francisco and yet it was being
offered as a reason for the Letter
of Understanding. He said that
the Staff knows that this land
cannot be developed without the
full cooperation of the City.
He addressed the comments made
by Supervisor Bacciocco at the
10/15/80 meeting, wherein he presented
himself as the big brother and that
he was going to take the heat off the
City by the County taking the position
of Lead Agency for the mountain. He
said that the citizens had not been
charmed by the Supervisor's romantics.
At the 11/10/80 meeting the Supervisor
presented the second stage, called
the scare tactics, inverse condemnation
and Mr. Latham quoted Court cases
where the Court had ruled that the
cases had no merit. Mr. Latham
continued with his discourse on the
lack of credibility in the Supervisor's
statements. He expressed concern
over the plan to destroy that piece
of rural land in the neighbors back-
yard and the County telling the City
1/7/81
Page 8
AGENDA ACTION TAKEN
CITY MANAGER
8. Staff Report - Continued.
(TF-432)
(TF- 474)
(TF-522)
CITY MANAGER
what to do with property. He asked
that the Council not sign this
Letter of Understanding.
Mr. A1 Save~, 6 Iris Court, said
everyone kepi referring to the lack
of housing and yet that problem had
not been defined nor had the need
for moderate housing. He compared
San Francisco's high density housing
with increased crime and felt concern
that this could happen to South San
Francisco. He felt that the San
Bruno Mountain was a respite and
a visual reminder that there was
something other than roads and
concrete and signs. He stated that
the silent majority did not want
the mountain ruined.
Ms. Martha Jent, ll6 Green Ave.,
read a paper put out by the Save
San Bruno Mountain Committee for
preservation of the open space and
wild creatures.
Ms. Nancy Truman, 108 Claremont Ave.,
said she had been insulted by the
remarks of Supervisor Bacciocco at
the last meeting when he said the
development would go through whether
the City wanted it or not. She
felt that a lot of damage could be
done by an elected official in a
four year term without sufficient
reprisals by the citizens. She
stated that people move to Marin
County to be surrounded by trees
and open space and did not under-
stand why South San Francisco did
not preserve South Slope as a park
and open space.
Ms. Marie Cox, 466 Holly Ave.,
felt that the newspaper coverage of
the CAL people's stand was incomplete
and stated that the Committee would
like the mountain preserved as open
space. She said the residents had
moved to the area because they enjoyed
the open space on the slope, yet
the residents realized the forces
1/7/81
Page 9
AGENDA
CITY MANAGER
8. Staff Report - Continued.
RECESS: (TF-630)
RECALL TO ORDER:
ACTION TAKEN
CITY MANAGER
and pressures being placed on the
City by the County to develop the
mountain. She stated that the
group did not want the County
inundating North County with high
density housing and she did not
believe the City wanted this either.
She spoke of the increasing crime
due to the high density and felt
that the sewer system was tired
of the overload projected of 350
homes. She stated that in order
for the City to survive it must
determine what the tax rolls can
handle and what the zoning should
be and not sign the Letter of
Understanding. She further asked
that Council put this matter back
into a special study area and have
the City prepare plans after taking
a look at the police, fire and
library services that would be
needed for any development and then
talk to the County.
Ms. Jane Lee, 1321 Hillside Blvd.,
spoke of the Court cases for inverse
condemnation and stated she had a
full report available upon request
and proceeded to describe it in detail.
Mr. John Velasquez, 160 No. Spruce,
spoke for the children and stated he did
not want them to grow up in a concrete
jungle because of a lack of open space
through high density housing.
M/S Nicolopulos/Damonte - To adopt
the Resolution.
RESOLUTION NO. 3-81
Carried by majority roll call vote,
Councilwoman Teglia and Councilman
Addiego voted no.
Mayor Acosta declared a recess at
9:30 p.m.
Mayor Acosta recalled the meeting to order
at 9:55 p.m., all Council present.
1/7/81
Page 10
AGENDA
CITY MANAGER
Staff Report 1/7/81 recommending
appointment of an Acting City
Attorney.
15.
Request for authorization to
provide window coverings, plants,
signs, artwork, accessories and
physical fitness equipment for
Municipal Services Building.
COMMUNITY DEVELOPMENT
10. Public Hearing - PM-79-182.
ACTION TAKEN
CITY MANAGER
City Manager Birkelo stated that
through the retirement of City
Attorney Noonan, Staff had recommended
the appointment of Bob Rogers as Acting
City Attorney pending Council's future
action of the appointment of a City
Attorney.
M/S Teqlia/Damonte - To appoint
Bob Rogers as Acting City Attorney.
Carried by unanimous voice vote.
City Manager Birkelo asked that this
item be considered now as the Interior
Decorator was in attendance to answer
any questions. He requested 1) a Motion
for the artwork; and 2) a Motion for
the physical fitness equipment for the
Police Department.
The historical photographs that were
intended to be used were shown and
a general discussion followed on the
artwork.
M/S Teglia/Nicolopulos - To approve
the artwork.
Carried by unanimous voice vote.
Police Captain McKeon spoke in-depth
of the benefits of acquiring the
physical fitness equipment.
Councilwoman Teglia asked if the Fire
Department would also have the benefit
of using the physical fitness equipment.
Fire Chief Drago stated that he was
investigating the feasibility of using
the equipment.
M/S Addiego/Teglia - To approve the
physical fitness equipment.
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
A letter from Mr. Tom Callan, dated
1/5/81 was read into the record
1/7/81
Page 11
AGENDA ACTION TAKEN 248
COMMUNITY DEVELOPMENT
10. Public Hearing - PM-79-182
Staff Report 1/6/81 recommending
the City Council deny the appeal
and uphold the decision of the
Planning Commission on 12/9/80
attaching conditions to the
approval of PM-79-182.
PUBLIC SERVICES ~-~'"~:,,~
11.
Staff Report 1/7/81 recommending
1) adoption of a Resolution of
Intention to vacate an existing
slope and drainage easements of
the Hillside Estates Subdivision;
2) set 2/18/80 for Public Hearing.
A RESOLUTION OF INTENTION TO
VACATE AN EXISTING SLOPE AND
DRAINAGE EASEMENTS OF THE
HILLSIDE ESTATES SUBDIVISION
12.
13.
Staff Report 1/7/81 recommending
adoption of a Resolution author-
izing the execution of an Agree-
ment to provide engineering
services for the Airport Boul-
evard Improvement Project
No. ST-74-2.
A RESOLUTION AUTHORIZING EXE-
CUTION OF AN AGREEMENT WITH THE
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR ENGINEER-
ING SERVICES FOR THE AIRPORT
BOULEVARD IMPROVEMENT PROJECT
Staff Report 1/7/81 recommending
by Motion acceptance of the
1980-81 Street Resurfacing
Program - Project No. ST-80-1,
as complete in accordance with
the approved Plans & Specifi-
cations.
COMMUNITY DEVELOPMENT
requesting that this item be con-
tinued to 1/21/81.
So ordered.
PUBLIC SERVICES
Director of Public Services Yee
stated that this easement was
obtained by the City to provide
for the eventual widening of
Chestnut Avenue. The developer
has agreed to widen Chestnut Avenue
along the Hillside Estates frontage
which negated the need for the
City to have a slope easement.
Motion by Damonte - To adopt the
Resolution of Intention.
RESOLUTION NO. 4-81
Carried by unanimous roll call vote.
Director of Public Services Yee
stated that the project requires
extensive and special documentation
and requested a State resident
engineer with experience in Federal
procedures to assist the City in
the completion of the project.
Motion by Damonte - To adopt the
Resolution.
RESOLUTION NO. 5-81
Carried by unanimous roll call vote.
Director of Public Services Yee
stated that after inspection he
had found the work to be complete and
in accordance with the plans and
specifications. Acceptance by
Council would provide authorization
for Staff to file a Notice of
Completion and release all bonds
and the 10% retention at the termin-
I/7/81
Page 12
PUBLIC SERVICES
13. Staff Report 1/7/81 Continued.
ITEMS FROM STAFF
14.
Resetting appeal of UP-79-525/
McDonald's on Gellert Boulevard
to 1/21/81.
15.
Request for authorization to
provide window coverings, plants
signs, artwork, accessories and
physical fitness equipment for
the Municipal Services Building.
ITEMS FROM COUNCIL
Mayor Acosta:'
Mayor Acosta:
Councilman Damonte:
Councilwoman Teglia:
PUBLIC SERVICES
ation of the 30-day lien period.
M/S Teglia/Addiego - To accept the
1980-81 Street Resurfacing Program
as complete.
Carried by unanimous voice vote.
ITEMS FROM STAFF
M/S Teglia/Damonte - To reset the
appeal of McDonald's to 1/21/81.
Carried by unanimous voice vote.
This item was heard after item no. 9.
ITEMS FROM COUNCIL
Questioned the $59,123.00 of Transit
Occupancy Taxes that the City gave
back to the Travel Lodge.
Director of Finance Anderson said
that during the months of August '79
through February '80 the City had
taxed the Travel Lodge for 75-100
rooms for refugees. It was later
learned that the refugees fell into
the same category as the Airlines
and were exempt from taxation and
the money had to be refunded.
Announced a JPAC Personnel Subcommittee
meeting in Millbrae on 1/8/81.
Mentioned a meeting he had attended
for the support of Senate Bill #33
for the inspection and control of
auto emissions and asked for Council's
support of the Bill.
Asked that a letter be drafted from
Council to the committee in support
of the Senate Bill #33.
1/7/81
Page 13
ITEMS FROM COUNCIL
Councilman Damonte:
Councilwoman Teglia:
GOOD AND WELFARE
CLOSED SESSION: (TF-987)
RECALL TO ORDER:
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
ITEMS FROM COUNCIL
Asked that the drafted letter be
presented to the Council of Cities
for an endorsement.
Had a complaint from residents on
Hillside asking that pressure be
put on the County to clean-up
campaign literature on Hillside.
GOOD AND WELFARE
No citizens chose to speak.
Council adjourned to a Closed
Session at 10:50 p.m.
The Meeting was recalled to order
at 12:47 a.m., all Council present,
no action taken.
M/S Damonte/Teglia - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment 12:50 a.m.
APPROVED:
Barbara A. Battaya,~rk
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.
1/7/81
Page 14