HomeMy WebLinkAboutMinutes 1981-02-18Mayor 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
February 18, 1981
AGENDA
Regul ar Meeting
CALL TO ORDER (Side 1 TF-OO1)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
City Manager Birkelo Requested:
- Remove Item #3 from the
Consent Calendar for discussion.
- Closed Session for discussion
of litigation and personnel items
- Depending upon action taken on
Item #3, request to adjourn to
the Municipal Services Building
for a review with the architect.
ORAL COMMUNICATIONS
CONSENT CALENDAR
1. Minutes of the Regular Meeting of
12/17/80.
2. Staff Report 2/18/81 recommending
by Motion authorization to award
the bid for Physical Fitness Equip-
ment for the Municipal Services
Building.
3. Staff Report 2/18/81 recommending
by Motion authorization to accept
the bid for Artwork and Accessories
for the Municipal Services Building.
ACTION TAKEN
Regul ar Meeting
8:08 p.m. Mayor Acosta presiding.
Council present: Teglia, Damonte,
Nicolopulos, Addiego
and Acosta
Council absent: None
Recited.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
No one chose to speak.
CONSENT CALENDAR
Approved.
Removed from Consent Calendar by
Councilman Addiego.
Removed from Consent Calendar under
Agenda Review.
2/18/81
Page 1
AGENDA ACTION TAKEN
CONSENT CALENDAR
4. Staff Report 2/18/81 recommending
by Motion authorization to acquire
from the State of California Pro-
curement Office fourteen 1981 mid-
size model Dodge Diplomat patrol
vehicles.
5. Staff Report 2/18/81 recommending
adoption of a Resolution of Inten-
tion to vacate a portion of
Eucalyptus Avenue and set a Public
Hearing on 4/1/81.
A RESOLUTION OF INTENTION TO
VACATE A PORTION OF EUCALYPTUS
AVENUE
e
Staff Report 2/18/81 recommending
by Motion authorization to award
the bid for Physical Fitness Equip-
ment for the Municipal Services
Building.
(TF-022)
CONSENT CALEDNAR
Removed from Consent Calendar by
Mayor Acosta.
RESOLUTION NO. 18-81
M/S Damonte/Teglia - That Items No.
1 and 5 of the Consent Calendar be
approved.
Carried by unanimous voice vote.
Councilwoman Teglia inquired where
the funding for the Physical Fitness
Equipment would be derived. She
requested clarification that it was
not coming from the Police Department's
Budget but rather from the overall City
Budget and would be for the use of
all personnel.
Director of Finance Anderson replied
that the monies could come from the
City's General Fund Reserve, recognizing
that the reserves will be increased
year end by salary savings. He con-
tinued by explaining the reason for
this through unfilled positions.
Discussion followed in regard to the
use of the equipment by other Depart-
ments.
M/S Teglia/Addiego - To award the bid.
Carried by unanimous voice vote.
2/18/81
Page 2
AGENDA ACTION TAKEN
Staff Report 2/18/81 recommending
by Motion authorization to accept
the bid for Artwork and Accessories
for the Municipal Services Building.
(TF-047)
Director of Finance Anderson explained
that this was for the proposed award
of bids for various items in the
Municipal Services Building. He con-
tinued by explaining the items and
their related costs.
Vice Mayor Nicolopulos inquired about
the $8,298 cost for maintenance of
the plants and if it would be feasible
for this service to be provided in-house.
Director of Parks and Recreation Norton
explained that at the present time
there was not enough manpower in the
Parks Division to maintain this area.
Discussion followed regarding the
proposed maintenance of the outdoor
grounds, the cost comparison for con-
tracting out for these services versus
using Park personnel, the furniture and
other related items.
An in-depth discussion followed re-
garding the artwork and the overall
cost for the prints and where they
were to be positioned.
M/S Teglia/Addiego - To accept the
bids, with the exception of General
Graphics in the amount of $10,000,
Fiberlite in the amount of $11,774,
and Fiberlite in the amount of $8,298.02.
Carried by unanimous voice vote.
City Manager Birkelo requested at this
time that Council consider a date and
time to meet at the Municipal Services
Building, with the architect, to con-
sider the items not accepted this even-
ing.
Consensus of Council to meet at the
Municipal Services Building on Tuesday,
February 24, 1981, at 12:00 p.m.
2/18/81
Page 3
AGENDA ACTION TAKEN
Staff Report 2/18/81 recommending
by Motion authorization to acquire
from the State of California Pro-
curement Office fourteen 1981 mid-
size model Dodge Diplomat patrol
vehicles.
(TF-158)
APPROVAL OF BILLS
6. Approval of the Regular Bills
of 2/18/81.
(TF-208)
Vice Mayor Nicolopulos questioned the
cost of each vehicle.
Director of Finance Anderson replied
that the cost would be in the vicinity
of $8,600 for each vehicle.
Discussion followed on the turnover
rate for Police vehicles, the process
of maintenance, the procedure for
selling the surplus vehicles, etc.
M/S Teglia/Nicolopulos - To approve
the authorization.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Teglia/Nicolopulos - To approve
the Regular Bills.
Carried by unanimous voice vote.
Councilman Addiego did not participate
or vote in the matter of the claim of
Brentwood Market.
Mayor Acosta inquired if the City,
in it's agreement with Giffra Enter-
prises, had agreed to pay the taxes
for 230 - 232 Grand Avenue which the
City was renting for $1,000 @ month.
Director of Finance Anderson replied
that the contract provides that the
City would be responsible for any
improvements or any tax increases
by reason of improvement to the property.
The increase in normal taxes is not
covered, but increase by reason of
improvements were covered and reimburse-
able.
Discussion followed regarding the
types of leases which the City had
with other lessees and the benefits
received from Proposition 13 and
tax savings.
2/18/81
Page 4
AGENDA ACTION TAKEN
CITY MANAGER
w
Staff Report 2/18/81 recommending
adoption of a Resolution amending
Personnel Rule 5.03 Residency
Requirements.
A RESOLUTION AMENDING RESOLUTION
NO. 118-80 ENTITLED "A RESOLUTION
OF THE CITY OF SOUTH SAN FRANCISCO
APPROVING AND ADOPTING THE SOUTH
SAN FRANCISCO PERSONNEL RULES AND
REGULATIONS, 1980 EDITION, AND
SUPERSEDING PREVIOUS EDITIONS" AND
SECTION 5.03 - RESIDENCY REQUIRE-
MENTS
(TF-231)
CITY MANAGER
Assistant to City Manager Wilson
explained that at the request of some
City employees, the Personnel Board had
reviewed a section of the Rules and
Regulations regarding residency. He
continued to explain the areas of con-
cern for the employees, which was the
hSgh cost of housing a~ailable in the
area.
He continued to explain the concerns
of the Personnel Board which were:
tardiness, manpower in the event of
an emergency, hinderance of the City's
ability to physically verify the ill-
ness of personnel and various other
concerns. He continued further to
explain that the Board, after careful
consideration, is recommending that
the residency requirements be modified
to allow City employees to reside
within a 75 mile radius.
An in-depth discussion followed on the
incentives which were offered by
other cities in the Bay Area to attract
and retain quality personnel by offering
low cost housing and lower interest
rates on home loans. Also discussed
was the time that employees would
conceivably be traveling to and from
work if they were to live 75 miles
from their place of employment.
Further discussion followed relative
to the response time of employees in
the event of an earthquake or other
disaster.
Mr. Ray Green, Vice President of
Local 1507 and representing the South
San Francisco Firefighters, explained
that the 75 mile radius was what the
majority of the cities in the Bay
Area require at the present, and that
it encompassed the 9 Bay Area Counties.
He further explained that the main
concerns of the Firefighters was
the costs of homes and rental units.
2/18/81
Page 5
AGENDA ACTION TAKEN
CITY MANAGER
7. Staff Report - Continued.
CITY MANAGER
Mayor Acosta expressed concern that if
the 75 mile radius was approved and
employees move - would it be fair to
assume that they would look for em-
ployment closer to their residences.
Discussion followed regarding the
high cost for homes within the
present 25 mile radius, the need for
employees to be able to purchase
homes for affordable prices, etc.
Motion by Addiego - To adopt the
Resolution with the amendment that
in place of the 75 mile radius,
that an unlimited radius be inserted.
Discussion ensued on the problems
which could arise if this was adopted.
Councilwoman Teglia read into the
record the 5 findings of the Personnel
Board which resulted in the recommen-
dation of a 75 miles radius.
Vice Mayor Nicolopulos inquired if
there had been specific reasons why
the Personnel Board had recommended
the 75 mile radius rather than an
unlimited radius.
Mr. Ray Green replied, that it had
been recommended because it included
the 9 Bay Area Counties.
Mayor Acosta asked if there was a
Second to Councilman Addiego's
Motion.
Motion Seconded by Councilwoman Teglia.
City Manager Birkelo explained that
there would be no residency requirements
and would delete that section of the
Personnel Rules and Regulations.
Councilwoman Teglia asked how that
would affect Department Heads.
2/18/81
Page 6
AGENDA ACTION TAKEN
CITY MANAGER
7. Staff Report -Continued.
RECESS:
RECALL TO ORDER:
COMMUNITY DEVELOPMENT
12. Public Hearing - UP-80-563/Joseph P.
& Claire Haggarty
Staff Report 2/18/81 recommending
the City Council deny the appeal
and uphold the decision of the
Planning Commission, approving
UP-80-563 and Negative Declaration
No. 274.
(TF-494)
CITY MANAGER
Acting City Attorney Rogers explained
that legally a Department Head could
not be required at this time to live
within the City's boundaries. He
continued to explain that they had
the same status as other employees.
Councilman Addiego asked that his
Motion read: "strike Section 5.03,
Residency Requirements of the
Personnel Rules and Regulations."
Mayor Acosta called for a vote on
the Motion and Second.
The Motion and Second failed by majority
roll call vote. Damonte, Nicolopulos
and Acosta voted no,
Motion by Nicolopulos - To adopt
the Resolution.
Carri~ed by majority roll call vote.
Councilman Damonte voting no.
Mayor Acosta declared a recess at
9:35 p.m.
Mayor Acosta recalled the meeting
to order at 9:45 p.m., all Council
present.
Mayor Acosta announced that Item No.
12 under Community Development would
be heard next.
COMMUNITY DEVELOPMENT
Senior Planner Christians explained
that the Planning Commission had
approved the subject Use Permit
and Negative Declaration on 1/15/81
to construct a mini-storage complex.
He continued to explain that the
Planning Commission had approved the
Use Permit based on five findings:
two of the findings were that the pro-
posed facility would provide needed
smaller storage space for Westborough
2/18/81
Page 7
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
12. Public Hearing - Continued.
Public Hearing Opened:
(TF-514)
(TF-583)
COMMUNITY DEVELOPMENT
residents and that the project would
not have an adverse effect on the
surrounding residents. He further
explained that 4 Public Hearings
were held on this item and the area's
residents generally spoke in favor of
the application, however, at the hear-
ing of 1/15/81 a petition containing
24 names was submitted in opposition
to the application. He also explained
that specific conditions of approval
were set by the Planning Commission
to mitigate any adverse effects on
the surrounding area caused by the
project.
Mayor Acosta declared the Public
Hearing open.
Mayor Acosta invited those who
wished to speak in opposition to
the Use Permit to step to the
dais.
Mr. Donald G. Gamma, 3790 Cork Place,
read his letter to Council expressing
his concerns with the construction of
the subject mini-storage unit complex
and related facilities. He cited
the increasing crime rate in the
Westborough area in comparison with
other areas of South San Francisco.
He requested the City Council return
this matter to the Planning Commission,
thereby giving the homeowners the·
opportunity to meet with the Planning
Department and Mr. Haggarty to possibly
come up with a better solution. He
continued to explain that he had
written a letter to Council previously
advising them that the homeowners in
this area have never been notified of
these plans.
Mr. William Craib, 3550 Carter Drive,
Unit #48, spoke in relation to the
manner in which residents were notified
of public hearings and his frustration
at not being able to speak at a Planning
Commission Meeting when the Haggarty
matter had been postponed. He felt that
2/18/81
Page 8
AGENDA ACTION TAKEN 9
COMMUNITY DEVELOPMENT
12. Public Hearing - Continued.
(TF-614)
(TF-660)
(TF-668)
(TF-690)
(TF-707)
COMMUNITY DEVELOPMENT
with the construction of the storage
units there would be increased traffic
and the crime rate would rise to
a higher incidence level.
Mr. Michael Dewey, 3550 Carter Drive,
Unit #83, explained that he was a
new resident in the Westborough area
and had purchased his condominium based
on the fact that the area offered an
opportunity to be close to his work.
He stated that the construction would
block his view and that it would
diminish the resale value of his home.
Mayor Acosta invited those who wished
to speak in favor of the Use Permit
to step to the dais.
Ms. Mary Price, resident of the
Westborough area, requested that Council
approve the Use Permit because the
storage facilities were needed by
many of the residents.
Ms. Virginia Connor, 2525 Tara Lane,
expressed her desire that the storage
complex be built and would have use
for its facilities. She continued
to explain that she had previously
worked for a storage company and during
her years of service had not known of
incidents of vandalism or increased
traffic or other deterrants in the area.
Mr. John Diva, 3705 Palos Verdes Way,
explained that he was very much in
favor of the storage complex being
built and felt that the area was in
need of this type of facility.
Ms. Raquel Benavides, 217 Village Way,
spoke in favor of the storage complex
and explained that she was planning
to store her household items there
once construction was completed.
2/18/81
Page 9
AGENDA
COMMUNITY DEVELOPMENT
12. Public Hearing - Continued.
(TF-715)
(TF-732)
Public Hearing Closed:
ACTION TAKEN
i0
COMMUNITY DEVELOPMENT
Ms. Lisa Nelson, 852 Commercial Avenue,
expressed her desire to have the
storage complex built so that there
would be space for her family to
store items which they were no longer
using.
Mr. Daniel Modena, Attorney at Law
421 Grand Avenue, legal representative
for Mr. Joseph Haggarty, expressed dismay
at the opposition when the matter had
been approved and that the opposition
claims to have been unaware of the pro-
ceedings which took place before the
Planning Commission.
He continued by presenting to the
Council a visual concept of the storage
area to be constructed and further
addressed the concerns of the opponents
of the Use Permit. He continued by
informing the Council that Mr. Haggarty
had met with homeowners in the area
and discussed the concerns and had
tried to work out compromises so that
the residents would be satisfied with
the proposed development.
Mr. Modena presented slides to
Council of the condominiums which
would be affected by the construction
of the mini-storage complex and pointed
out that in no way was this storage
complex going to have negative
effects on the surrounding area.
Mayor Acosta closed the Public
Hearing.
Discussion followed on the crime
factor and the concerns of traffic
with relation to the construction
of the mini-storage complex.
Councilwoman Teglia inquired if the
opponents to this project had had an
opportunity to read what the Planning
Commission approved and the revised
special conditions that have been
placed on this project.
2/18/81
Page lO
AGENDA ACTION TAKEN 11
COMMUNITY DEVELOPMENT
12. Public Hearing - Continued.
(TF-949)
COMMUNITY DEVELOPMENT
Mr. Gamma and Mr. Craib replied
that no, they were not aware of
what the Planning Commission had
approved and also not aware of
the revised special conditions.
Discussion followed concerning these
conditions.
Senior Planner Christians read the
revised special conditions which had
been placed on the project.
Councilwoman Teglia explained that 6
of the 20 conditions recited, addressed
either directly or indirecty the
potential crime situation. Councilwoman
Teglia continued by requesting that
Police Chief Datzman present his
comments on the previous statements
on crime relating to this particular
type of use and what the Police
Department had in mind in terms of a
security plan for this particular
project.
Police Chief Datzman replied, that
the concerns of crime in the Westborough
area were burgulary related and this
was largely attributed to a number
of things: density, open green
concept, hidden front doors and lack
of neighborhood contact. He con-
tinued by stating that he felt it was
not the Police Department's job to say
yes or no to this type of project
unless it was clearly shown that the
development would have an adverse
community effect that was endangering
the public or creating a need for
excessive police resources. He did
recommend safety measures and this was
addressed in the report submitted in
regard to this Use Permit.
Discussion followed on other uses
for the subject property.
2/18/81
Page 11
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
12. Public Hearing - Continued.
(TF-1020)
COMMUNITY DEVELOPMENT
10.
Public Hearing - UP-80-570/
McDonald's Corporation (Airport
Boulevard)
Staff Report 2/18/81 recommending
the City Council deny the appeal
and uphold the decision of the
Planning Commission in denying
UP-80-570, a Use Permit appli-
cation to construct a McDonald's
drive-through fast food restaurant
at the northwest corner of South
Airport Blvd. and Highway 101
northbound on-ramp.
(TF-1038)
COMMUNITY DEVELOPMENT
Councilwoman Teglia inquired why
the various homeowner associations
in the Westborough area were not
notified of the Public Hearings on
this Use Permit.
Senior Planner Christians replied
that the two homeowner associations
affected by this construction had
been notified.
M/S Addiego/Nicolopulos - To deny the
appeal and uphold the decision of the
Planning Commission.
Carried by unanimous voice vote.
Mayor Acosta requested a review of
the remaining Agenda.
City Manager Birkelo replied that
there were three remaining Public
Hearings on the Agenda which should
be heard and the remainder of the
items could be continued.
Discussion of the importance of the
various items ensued.
Consensus of Council to hear the
Public Hearings and if time allowed
to consider the remaining items.
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela explained, the Planning
Commission on 12/9/80 denied the subject
Use Permit and made 5 findings which
are contained in the Planning Commission
Staff Report dated 12/9/80. He further
explained the concerns raised by the
Planning Commission and by City Staff
which was the traffic flow; that if
the City allowed this particular use
it would be difficult to prohibit
other fast food restaurants from apply-
ing for use in that area; certain
architectural features of the building;
signs proposed for the site; possible
crime and vandalism in the area; parking;
and pedestrian safety.
2/18/81
Page 12
AGENDA ACTION TAKEN 12
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
Public Hearing Opened:
(TF-1104)
(TF-1204)
COMMUNITY DEVELOPMENT
Vice Mayor Nicolopulos inquired where
the pedestrian traffic would be anti-
cipated.
Director of Community Development
Dell'Angela explained that it was
largely anticipated from the nearby
hotels and motels and the problem
would arise when persons would be
crossing on the ramps and on the
six lanes of traffic along Airport
Boulevard. He continued to explain
that no provisions had been made to
protect pedestrians in this area.
Mayor Acosta declared the Public
Hearing open.
Mayor Acosta invited those who
wished to speak on behalf of the
appellant to step to the dais.
Mr. Xenophon Tragoutsis, Attorney at
Law, 1486 Huntington Avenue, legal
representative for McDonald's Corpora-
tion, expressed the need for a fast
food restaurant in the area in
question. He explained that the
facilities presently located in that
area catered to the managerial and
executives of the surrounding com-
panies. He continued by stating
that the cost and the time involved
for the average working person was
too great to avail their using these
establishments. He further addressed
the concerns of Staff explaining in
detail the positive effects of having
a McDonald's Restaurant in this loca-
tion and stated that his client would
be willing to work with the City's
Staff to accommodate the concerns of
the City.
Mr. Barnard C. Johnston, 415 Monticello
Street, San Francisco, Professional
Civil and Traffic Engineer, presented
to Council copies of his latest traffic
report relating to the proposed
McDonald's Restaurant. He proceeded to
explain that he had been retained by
/18/ 1
age I~
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing -Continued.
(TF-1372)
COMMUNITY DEVELOPMENT
the McDonald's Corporation to prepare
this report and had observed the pro-
posed site in relation to the traffic
conditions at various times of the day;
counted cars; in general observed con-
ditions during the critical hours of
traffic flow.
Mayor Acosta inquired if the statement
which had been related was true, that
there could be a 750% increase in
traffic on the proposed site if the
Use Permit was granted.
Mr. Johnston replied that the correct
percentage would be 650%, which re-
presented 3,000 vehicle trips in and
out of the proposed site per day.
He continued to address the concerns
of Council and Staff in relation
to the number of cars during peak
hours; the egress and ingress in re-
lation to McDonald's and the various
other concerns relative to pedestrian
and traffic safety.
Mayor Acosta questioned the hours
the restaurant would be open for business.
Mr. Larry Dorsey, representative
from McDonald's Corporation, replied
that the hours would be either 6:30
or 7:00 a.m. to ll:O0 or 12:00 p.m.
Mr. Johnston further explained the
traffic report.
Mayor Acosta inquired if there
had been access ways for pedestrians
to accommodate getting from the
eastside to the westside.
Mr. Johnston explained the plan which
had been included in the report.
Discussion ensued relating to the
possibility of a sidewalk being
installed and adding another cross-
walk in the future, should pedestrian
traffic indicate the need.
2/18/81
Page 14
AGENDA
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
(TF-1609)
(TF-1682)
ACTION TAKEN
15
COMMUNITY DEVELOPMENT
Mayor Acosta inquired if there was
any data in relation to accident
frequency in the subject area.
Mr. Johnston replied that he had
the records for 1978, 1979 and 1980,
relating to accidents in the vicinity
of the proposed McDonald's site and
explained that there were accidents
occurring which involved rear-end
collisions at the signals; problems
with trucks negogiating turns at the
corners and other minor accidents.
He continued by explaining that
there were only two accidents which
occurred in the 1979-80 time span
which involved personal injury and
they were minor.
Discussion followed regarding the
amount of traffic which would be
traveling along Airport Boulevard,
the amount of pedestrian traffic,
safety factors involved, consideration
of various types of signs, etc.
Mr. Dorsey, McDonald's representative,
addressed Council concerns with the
proposed Use Permit. He explained
that McDonald's Corporation is recep-
tive to meeting the conditions re-
commended by staff in relation to
the entrances to the on-ramp and the
subsequent traffic problems.
Further discussion followed entailing
the concerns of the traffic situation
and the problems with communication
between the City Staff, Council and
the developer.
Mr. Tragoutsis said Council had not
received the revised traffic report
and requested that the consideration
of this project be continued for
further information to be submitted to
Council.
Discussion followed regarding the
type of restaurant proposed: sit-down,
drive-through or drive-in, standards
2/18/81
Page 15
AGENDA ACTION TAKEN 16
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
(TF-1770)
(Side 1 - TF-O06)
COMMUNITY DEVELOPMENT
to be met, potential crime element, etc.
Police Chief Datzman explained that
the area had been investigated and
a subsequent report had been sub-
mitted regarding the things to be
taken into consideration for this
type of development.
Motion by Teglia - To uphold the
decision of the Planning Commission
and deny the appeal.
Vice Mayor Nicolopulos requested
clarification of the Use Permit
being applied for and its denial.
Acting City Attorney Rogers explained:
the question of the parking, sit-down
restaurant versus a drive-in because
the requirements for parking for each
is different. The decision will be
related to the type of use decided upon
and the consideration of the zoning
ordinance. He continued to explain
that based upon the knowledge he has
gathered that the decision should be
based upon the appropriate uses of
a drive-in.
M/S Damonte/Nicolopulos - To continue
this item for two weeks.
Councilman Addiego explained that
he had been contacted by Mr. Basin,
a legal representative of McDonald's
Corporation, to meet and discuss
any concerns Councilman Addiego
may have had regarding the project
and further indicated that they
might go to lunch. A meeting was
subsequently scheduled in City Hall.
He comtinued to explain that Acting
City Attorney Rogers subsequent to
the scheduling of the meeting to be
held in City Hall, indicated that it
would not be advisable to lunch with
Mr. Basin in that he had met two other
members of Council. Councilman
Addiego requested the names of the
members of Council who had met with
Mr. Basin, the terms under which they
2/18/81
Page 16
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing -Continued.
(TF-O14)
COMMUNITY DEVELOPMENT
had met and the topic of conversation.
Mr. Basin replied that the meetings had
been with Vice Mayor Nicolopulos and
Mayor Acosta separately. He continued
to explain that the three remaining
members of Council had been contacted
and he had indicated beforehand the
purpose of the meeting, to discuss the
particular concerns each Councilmember
would like addressed at the Public
Hearing to adequately present all
the information to consider the issue.
Councilman Addiego inquired where
the meetings had been held, the topic
of conversations and other pertinent
information.
Mr. Basin replied that the meetings
with both members of Council had been
held at the Holiday Inn, during the
lunch hour. The discussions pertained
to the McDonald's application for a
Use Permit and the remainder of the
conversation was of a general nature
and did not pertain to the McDonald'm
matter.
Mayor Acosta requested that Acting
City Attorney Rogers clarify this
matter for the purpose of informing
the general public of the ruling of
the Attorney General and its implica-
tions on Council.
An in-depth discussion ensued regarding
the pros and cons of Council meeting
with members of the community to dis-
cuss their concern$;'the difference of
meeting with appellants involved in a
forthcoming PUblic Hearing where Council
will be making a decision based on the
information submitted at the Public
Hearing and not at a previously discussed
private meeting.
Acting City Attorney Rogers explained
that the attorneys representing
2/18/81
Page 17
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
McDonald's had the right to contact
Councilmembers and if put in terms
of lobbying, they had the right to
put forth their positions. The
Attorney General's opinion was in
fact that if a Redevelopment Agency and
City Council met without having a quorum
of either agency with others and
briefed their agency of these meetings
prior to an agency meeting, but they
did give an indication of their vote,
the Attorney General's opinion said
that these were meetings in violation
of the Brown Act. The Brown Act says
"that you may not meet in private with
a quorum or more than a quorum of your
body except in certain limited situations,"
the Closed Session is the main example.
He continued to explain that he had
spoken with the gentlemen who wrote
the opinion and that yes, a private
citizen could meet in private without
a quorum of Council and be in violation
of the Brown Act. The issue of whether
or not a person lobbying individual
members until he had a quorum, was
an item which had been discussed at
great length by many attorneys and
had not been answered nor had an opinion
been expressed. He explained that with
an individual meeting of Council, amount-
ing to a quorum, with an individual
who had a pending item before Council
it could appear to be a violation of
the Brown Act. He stated that all in-
formation regarding a Public Hearing
should only be considered and dis-
cussed at a Public Hearing and open
to the public.
Discussion followed on the various
interpretations of the Brown Act
and its effect on the actions of the
Council as a body and as individuals
with relation to meeting with constituents.
Mayor Acosta called for a vote on the
Motion to continue the Public Hearing
for two weeks.
2/18/81
Page 18
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
ll. Public Hearing - UP-80-573/
Neftali Tinoco
Staff Report 2/18/81 recommending
the City Council deny the appeal
and uphold the decision of the
Planning Commission in denying
UP-80-573, a Use Permit application
to add additions to two rooms in an
existing non-conforming structure
located at 658 Baden Avenue.
CITY MANAGER
e
Staff Report 2/18/81 recommending
adoption of a Resolution approving
a contract with San Mateo County
for Library Management Services.
0
A RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE
COUNTY OF SAN MATEO FOR PROVISION
OF MANAGEMENT SERVICES FOR THE
SOUTH SAN FRANCISCO LIBRARY
Staff Report 2/18/81 recommending
adoption of a Resolution amending
the South San Francisco Employee
Classification Plan by the addition
and modification of certain classes.
A RESOLUTION AMENDING THE SOUTH SAN
FRANCISCO EMPLOYEE CLASSIFICATION
PLAN BY THE ADDITION AND MODIFICA-
TION OF CERTAIN CLASSES
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela expressed his concerns
that the findings of the Planning
Commission would not be altered with
a continuance of two weeks.
Carried by majority voice vote.
Councilmembers Addiego and Teglia
voted no.
Consensus of Council to continue
to 3/4/81.
CITY MANAGER
Consensus of Council to continue
to 2/24/81.
Consensus of Council to continue
to 2/24/81.
2/18/81
Page 19
AGENDA ACTION TAKEN
FIRE
13.
Staff Report 2/18/81 recommending
the adoption of an Ordinance adopt-
ing the Uniform Fire Code, 1979
Edition; 1) Waive the reading of
the Ordinance in its entirety and
that the Ordinance be passed and
adopted by reading title only; 2)
Introduce and read for the first
time.
1st Reading/Introduction
AN ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO ADOPTING THE UNIFORM
FIRE CODE, 1979 EDITION, INCLUDING
APPENDICES A THROUGH J, AND THE
STANDARDS, PRINCIPLES, TESTS,
METHODS, PUBLICATIONS AND SECONDARY
CODES REFERRED TO THEREIN OR ADOPTED
THEREIN BY REFERENCE: PROVIDING
PERMITS AND FEES THEREFOR: AND RE-
PEALING ORDINANCES 535, 654, 697,
716, 738 AND 746
PARK AND RECREATION
14.
Staff Report 2/18/81 recommending
adoption of a Resolution approving
the Priority Plan as adopted by the
Technical Committee of San Mateo
County.
A RESOLUTION REGARDING THE PRIORTIY
PLAN FOR EXPENDITURE PURSUANT TO
THE CALIFORNIA PARKLANDS ACT OF 1980
POLI CE ~ ~
15.
Staff Report 2/18/81 recommending
adoption of an Ordinance amending
Ordinance No. 825-80 on Building
Security; 1) Waive the reading of
the Ordinance in its entirety and
that the Ordinance be passed and
adopted by reading title only; 2)
That it be passed and adopted.
2nd Reading/Adoption
AN ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO AMENDING ORDINANCE
NO. 825-80 AND ADDING A PROVISION
FOR ADDITIONAL SECURITY MEASURES
FOR COMPLEX PRODUCTS
FIRE
Consensus of Council to continue
to 3/4/81.
PARK AND RECREATION
Consensus of Council to continue
to 2/24/81.
POLICE
Consensus of Council to continue to
2/24/81.
2/18/81
Page 20
AGENDA ACTION TAKEN 2][
PUBLIC SERVICES
16.
Public Hearing - Hillside Estates
Subdivision Vaca-
tion of Slope and
Drainage.
Staff Report 2/18/81 recommending
l) conduct a Public Hearing and 2)
adopt a Resolution ordering vaca-
tion of a public service easement
southwest of Chestnut Avenue and
Hillside Blvd.
17.
A RESOLUTION ORDERING THE VACATION
OF A PUBLIC SERVICE EASEMENT -
EXISTING SLOPE EASEMENT AND TWO 10'
DRAINAGE EASEMENTS SOUTHWEST OF
CHESTNUT AVENUE AND HILLSIDE BLVD
Staff Report 2/18/81 recommending
the adoption of an Ordinance that
adopts the 1979 Uniform Building
Code; 1) Waive the reading of
the Ordinance in its entirety and
that the Ordinance be passed and
adopted by reading title only; 2)
Introduce and read for the first
time.
1st Reading/Introduction
AN ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO REGULATING BUILDINGS,
STRUCTURES, AND ACTS RELATED THERE-
TO: PROVIDING FOR PERMITS, FEES,
AND PENALTIES: REPEALING ORDINANCE
NOS. 691, 767 AND 774, AND ADOPTING
BY REFERENCE THE INTERNATIONAL CON-
FERENCE OF BUILDING OFFICIALS
UNIFORM BUILDING CODE AND UNIFORM
BUILDING STANDARDS, 1979 EDITION
GOOD AND WELFARE
CLOSED SESSION:
PUBLIC SERVICES
Consensus of Council to continue to
3/4/81.
Consensus of Council to continue to
3/4/81.
GOOD AND WELFARE
No citizens chose to speak.
Council adjourned to a Closed
Session at 1:08 a.m.
2/18/81
Page 21
AGENDA ACTION TAKEN
RECALL TO ORDER:
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
The meeting was recalled to order
at 1:25 a.m., all Council present,
instructions were given to Assistant
to City Manager Wilson regarding
labor negotiations.
M/S Teglia/Addiego - That the meeting
be adjourned to Tuesday, February 24,
1981, at 12:00 p.m., at the Municipal
Services Building, 33 Arroyo Drive,
South San Francisco.
Carried by unanimous voice vote.
Time of adjournment 1:25 a.m.
APPROVED:
uar~)ara A.~-~at-ta~-~i ty~
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 re-
corded 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.
2/18/81
Page 22