HomeMy WebLinkAboutMinutes 1981-03-04Mayor 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
March 4, 1981
A G E N D A
REGULAR MEETING
CALL TO ORDER: (Side 2 TF-200)
PLEDGE OF ALLEGIANCE:
AGENDA REVIEW
City Manager Birkelo requested:
- Continue Item No. 7 to the next
meeting.
- Add Item No. 17 - Report on the
Park & Recreation survey of the
Spruce Gym in association with the
School District.
- Add Item No. 18 - Possible position
statement by the City on ANMAP.
- Request a Closed Session to discuss
litigation.
PRESENTATIONS
A RESOLUTION COMMENDING FRED J. HENDRICK
A RESOLUTION IN MEMORY OF LEO ESERINI
ORAL COMMUNICATIONS
ACTION TAKEN
REGULAR MEETING
8:00 p.m. Mayor Acosta presiding.
Council present: Teglia, Damonte,
Nicolopulos, Addiego
and Acosta.
Council absent: None.
Recited.
AGENDA REVIEW
So ordered.
PRESENTATIONS
Councilman Addiego presented a
Resolution to Mr. Hendrick on
his retirement from City service.
Councilman Damonte presented a
Resolution in memory of the late
Leo Eserini to his daughter.
Fire Chief Drago presented a
Resolution in memory of the late
William Fraumeni to Mr. Tom Galli.
ORAL COMMUNICATIONS
No one chose to speak.
3/4/81
Page 1
AGENDA
CONSENT CALENDAR
1. Claim as filed by Michael D.
McCormick on behalf of All Phase
Carpet Care, alleging damages when
their Dodge Van struck a large rock
on the edge of the roadway westbound
on Randolph causing blow outs on the
right side front and rear tires which
destroyed the rims and tires. Motion
to deny and refer the claim to the
City's Insurance Adjuster and to the
Office of the CityAttorney.
2. Claim as filed~y' the Law Offices of
Schwartz, Alschuler and Grossman on
behalf of JHS Real Estate Company
(formerly known as J. H. Snyder
Company), Loews Corporation and
Norpen Development Company for indem-
nity (or equitable indemnity) and
damages, based upon, among other
things, breach of contract and injury
to real property interests. Motion
to deny and refer the claim to the
City's Insurance Adjuster and to the
Office of the City A~orney.
3. Staff Report 3/4/81 recommending by
Motion authorization for the Purchas-
ing Officer to advertise for bids for
the hydroseeding of turf at Winston
Manor #1 Park and Water Easement.
-"~'-'~ mendln-
4. Staff Report 3/4/81 recom ' 9 by
Motion authorization for the Purchas-
ing Officer to advertise for bids for
court surfacing and equipment at the
Winston Manor #1 Park and Water
Easement. ~~
5. Staff Report 3/4/81 recommending a
Public Hearing date be set for
4/1/81 for the following rezonings
from "U" Unclassified: RZ-81-68,
Negative Dec. No. 300, from U to
an R-3 which is located 100 feet
east of Mission Road with 150 foot
frontage on the southerly side of
Holly Avenue; RZ-81-69, Neg. Dec.
#301, from U to C-1 the Sunshine Center
located on the northeast corner of the
ACTION
TAKEN
CONSENT CALENDAR
So ordered.
So ordered.
Removed from the Consent Calendar
for discussion by Councilman Addiego.
Removed from the Consent Calendar
for discussion by Councilman Addiego.
3/~/81
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
5. Staff Report 3/4/81 - Continued.
intersection of the northeast corner
of Mission Road and Holly Avenue;
RZ-81-70, Neg. Dec. #302, from U to
C-1 which is located southwest of
Mission Road, northeast of
Antoinette Lane and northwest of
Chestnut Avenue.
3. Staff Report 3/4/81 recommending by
Motion authorization for the
Purchasing Officer to advertise for
bids for the hydroseeding of turf
at Winston Manor #1 Park and Water
Easement. ~-~;~,~
4. Staff Report 3/4/81 recommending by
Motion authorization for the Purchas-
ing Officer to advertise for bids for
court surfacing and equipment at the
Winston Manor #1 Park and Water
Easement.
APPROVAL OF BILLS (TF-296)
6. Approval of the Regular Bills of
3/4/81.
CONSENT CALENDAR
So ordered.
M/S Teglia/Addiego - Consent
Calendar be approved with the
exclusion of Items No. 3 and 4.
Carried by unanimous voice vote.
Councilman Addiego requested
that Item No. 3 and No. 4 be
considered together. He questioned
why the work was not being done
on the entire area that did not
have irrigation.
Director of Parks & Recreation
Norton stated that the work
was to be done on the park only
and said that to do the entire
area would be expensive due to
the costs of irrigation and
trenching across two streets.
Councilwoman Teglia questioned
whether Bond Act Money could be
used for the entire area.
Director of Parks & Recreation
Norton said he was investigating
the matter.
M/S Addiego/Teglia - To approve
Items No. 3 and No. 4. Carried
by unanimous voice vote.
APPROVAL OF BILLS
M/S Teglia/Damonte - To approve
the Regular Bills.
Carried by unanimous voice vote,
Councilman Addiego did not par-
ticipate or vote in the matter
of the claim of Brentwood Market.
3/4/81
Page 3
AG E N D A A C T I O N TA K E N ~'~
CITY MANAGER
Staff Report 3/4/81 recommending
adoption of a Resolution approving
the Memorandum of Understanding
with Unit 3, Field and Office
Employees, Represented by American
Federation of State, County and
Municipal Employees, Local 1569,
AFL-CIO.
A RESOLUTION ACCEPTING AND APPROV-
ING MEMORANDUM OF UNDERSTANDING,
UNIT 3, FIELD AND OFFICE EMPLOYEES,
REPRESENTED BY AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, LOCAL 1569, AFL-CIO,
JANUARY 1, 1981 - DECEMBER 31, 1981
Staff Report 3/4/81 recommending
by Motion a rejection of the offer
made by Robert Simms of Trux on
the Belle Air Road.
(TF-316)
CITY MANAGER
This item was continued to the
next meeting under Agenda Review.
Director of Community Development
Dell'Angela stated that there had
been a meeting with the Trux rep-
resentative, Staff and a Subcommittee
of Council. He stated that the
appraisals had been discussed and
the trade of the property. 'He
stated that the City had made a
decision after the discussions to
reject the offer.
Mayor Acosta requested more detail
on the discussion with the Trux
representative.
Director of Finance Anderson
stated that negotiations could not
be made in public, however if
Council desired Staff would meet
with Mr. Simms again to arrive at
an acceptable offer between the
parties.
Mr. Robert Simms, Trux Co., said
he had been meeting with Staff on
this matter for eighteen months
to resolve this problem. He
stated that there were differences
of opinion on each side as to the
value of the property. He contin-
ued in great length describing
correspondence from the appraiser
which stated that the Belle Air
Road property had not been included
in the appraisal. He stated concern
3/4/81
Page 4
AGENDA ACTION TAKEN
CITY MANAGER
8. Staff Report 3/4/81 - Continued.
COMMUNITY DEVELOPMENT
9.
(TF-397)
Public Hearing - RZ-80-67 to rezone
from "U" to "C-O".
CITY MANAGER
with the increasing finance costs
over the eighteen months and how
much greater the expense would be
before the property value was
settled. He asked if there was
a way to effect a trade of the
property, if not he said he would
like to file a use permit on the
property before his option runs
out. He spoke of being told by
a staff member that if a use
permit was applied for it would
be rejected because the use
intended for the property was
inconsistent with sewage odors.
He continued, the Staff person
stated that there had been com-
plaints from United Airlines on
sewage odors and if Trux put a
building on the land with people
staffing the office it would bring
more complaints. Mr. Simms stated
that in view of the odor problems
a property trade with the City
could be the answer to the problem.
Vice Mayor Nicolopulos stated
that the appraiser's letter
should be addressed and felt that
that would help in the negotiations.
A discussion followed on getting
another appraisal and on further
meetings with Trux, Staff and the
Subcommittee of Council.
M/S Addiego/Teglia - To reject the
offer and set a new meeting
between the parties concerned for
further negotiation.
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
Councilman Damonte stepped down from
the podium at 8:40 p.m. and did
not participate in the discussion.
3/4/81
Page 5
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
9. Public Hearing -Continued.
Staff Report 3/4/81 recommending
l) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Approve Negative Declar-
ation No. 296; 4) Waive the reading
of the Ordinance in its entirety;
5) Introduce and read for the first
time.
1st Reading/Introduction
AN ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO AMENDING ORDINANCE
NO. 353, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF
SOUTH SAN FRANCISCO'! AND ESTABLISHING
A "C-O" DISTRICT ON PARCELS LOCATED ON
WEST SIDE OF MISSION ROAD FROM COLMA-
SSF LINE SOUTHERLY TO OAK STREET AND
ON THE EAST SIDE OF EL CAMINO REAL
GENERALLY FROM McCLELLAN NURSERY
SOUTHERLY .TO ARROYO DRIVE FROM "U"
UNCLASSIF}ED TO "C-O" COMMERCIAL OFFICE
COMMUNITY DEVELOPMENT
Mayor Acosta declared the Public
Hearing open.
Director of Community Development
Dell'Angela explained that the
Planning Commission had adopted
Resolution No. 2278 on January 15,
1981, recommending the City Council
rezone the subject property from
"U" to "C-O". He continued to
explain ~that this was the second
of seven "U" zone parcels that
are proposed for rezoning to
eliminate the "U" zone category
and bring the areas into con-
~formance with the General Plan.
The existing uses in the proposed
zone change area were examined
iby Staff and have identified the
uses which would be conforming
uses under the "C-O" zone and
those which would be legal non-
conforming uses.
Councilwoman Teglia expressed
her concerns regarding the
legal non-conforming uses.
Director of Community Development
Dell'Angela expalined that he
had spoken with those businesses
which fell into this category and
that they were in agreement with
the City's decision to rezone the
area and accepted the limitations
on further development. He con-
tinued to explain that the only
opposition had been from an
attorney representing Mr. Cuneo,
whose business is located on
Mission Road.
Councilman Addiego requested that
the letter be]mead into the record.
Director of Community Development
Dell'Angela read the letter, dated
January 14, 1981 from Edward R.
Del Carlo~ legal representative
of Guiseppe and Idolina Cuneo.
~/4/81
Page 6
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
9. Public Hearing -~ Continued.
(TF-467)
(TF-492)
COMMUNITY DEVELOPMENT
Mayor Acosta asked those who
wished to speak in favor of
the rezoning to step to the
dais.
No one chose to speak.
Mayor Acosta asked those who
wished to speak in opposition
to the rezoning to step to the
dais.
Mr. John Brasesco, representing
San Francisco Garden Mart ex-
pressed concern that if
the Ordinance was passed and
there is no expansion according
to the Ordinance it would re-
present a hinderance to his
business. He continued to
explain that the highway near
his business had been changed
and this would necessitate changes
in the configuration of the
property.
Director of Community Development
Dell'Angela explained that any
roedway or highway changes would
not be affected by the adoption
of the Ordinance. He continued to
explain that in a hardship situa-
tion a variance application could
be made to the Planning Commission
to modify a non-conforming use.
Ms. Evelyn Schlosser, representing
Broadmoor Lumber Company, inquired
if the property was not used for 6
months the Use Permit revoked.
and the property used for another
purpose, would this mean that a
new structure wou'ld have to be put
on the property to be usable or
what would be the necessary action.
3/4/81
Page 7
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
9. Public Hearing - Continued.
(TF-521)
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela explained that if the
use is abandoned for a period of
six months, and if the existing
structures could be modified
to another use then that is allowed
in the zone. However, if a new
building was to be built on the
lumber yard site, it would have
to be built in accordance with
the new Ordinance.
Ms. Marilyn Morrish, Properties
Manager for Kaiser Hospitals,
requested clarification regarding
the Use Permit issued to Kaiser
in relation to the adoption of
the subject Ordinance. She ex-
plained that the City had issued
a Use Permit to Kaiser when they
had presented their General Plan.
If the Ordinance was adopted and
the zoning became "C-O" there
would be a restriCtion that a
structure could only have 4 stories
and Kaiser's General Plan there were
6 stories planned for the final
phase of the hospital.
Councilwoman Teglia questioned
the issuance of the Use Permit
without the specifics of the
planned structure being given and
also the time element involved be-
tween the issuance of the Use
Permit and the actual structure
being built.
Director of Community Development
Dell'Angela explained that after
consultation with the Acting City
Attorney that the answer was "No,
we cannot grandfather in an old
Use Permit ..... ".
Councilwoman Teglia requested
further explanation.
3/4/81
Page 8
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
9. Public Hearing - Continued.
(~TF-61 O)
Public Hearing Closed:
COMMUNITY DEVELOPMENT
Acting City Attorney Rogers ex-
Plained that a Building Permit
was required and the developer
was required to expend a sub-
stantial amount toward the com-
pletion of the project to which
the Building Permit applied.
He continued to explain ~that
he would recommend that Staff
and Kaiser representatives meet
and discuss the possibility
of a variance for the additional
structure.
Discussion followed relative
to the procedures regardilng the
issuance of variances.
Ms. Morrish continued to explain
the concerns with the proposed
rezoning which included signs,
landscaping and lot coverage.
Mr. Richard Nuggard, Architect
for Kaiser Hospital, reiterated
the concerns expressed by Ms.
Morrish.
Mayor Acosta declared the Public
Hearing closed and invited Council
discussion.
Councilwoman Teglia stated that
there had been some input by
citizens that perhaps a social
hall could be built at the
distant end of the City and
asked if this would be allowed
in a "C-O" zone.
Director of Community Development
Dell'Angela replied that the
matter should be presented to
the Planning Commission for con-
sideration.
M/S Teglia/Addigo - That Negative
Declaration No. 296 be approved.
3/4/81
Page 9
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
9. PUblic Hearing - Continued.
RECESS:
RECALL TO ORDER:
11.
Public Hearing - UP-80-573/Neftali
Tinoco, continued
from 2/18/81.
Staff Report 3/4/81 recommending the
City Council deny the appeal and uphold
the decision of the Planning Commission
in deny]:ng UP-80-573, a Use Permit appli-
cation to add additions to two rooms in
an existing non-conforming structure lo-
cated at 658 Baden Avenue.
(TF-665)
COMMUNITY DEVELOPMENT
Carried by unanimous voice vote.
M/S Addiego/Nicolopulos - That the
reading of the Ordinance in its
entirety be waived and that the
Ordinance be read for the first
time by reading title only.
Councilman Addiego read the title
of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - That
the Ordinance be introduced by
reading title only.
Carried by unanimous voice vote.
Councilman Damonte returned to
the podium at 9:19 a.m.
Mayor Acosta declared a recess
at 9:21 p.m.
Mayor Acosta recalled the meeting
to order at 9:35 p.m., all Council
present.
Mayor Acosta explained that with
the concurrence of Council Item
No. ll would be heard next.
Senior Planner Christians explained
the proposed structures would have
a zero foot setback on each side of
the present structure. The Zoning
Ordinance requires three feet side
yard setbacks on 25' wide lots.
The room addition on the northwest
corner ha already been constructed
and the addition on the northeast
corner is partially constructed.
The proposed addition is located
adjacent to the rear entry of an
adjoining single-family residence.
The Building Division has indicated
that this would not supply sufficient
light, air and ventilation in
accordance with the Uniform Building
Code.
3/4/81
Page 10
AGENDA
COMMUNITY DEVELOPMENT
ll. Public Hearing - Continued
Public Hearing Opened:
ACTION TAKEN
COMMUNITY DEVELOPMENT
Senior Planner Christians continued
by relating that the Building
Division had issued a Building Per-
mit to the applicant for an
alteration to the existing structure
on May 5, 1980, for new roof rafters
and a tile roof. The Building
Permit did not allow the two areas
to be enclosed as room additions.
Subsequent building inspections
revealed the construction of the
illegal additions and the pro}ect
was red-tagged and construction
ceased. Denial of the appeal
would mean the applicant would be
compelled to remove the illegal
additions.
Mayor Acosta declared the Public
Hearing open.
Mayor Acosta invited those wishing
to speak on behalf of the appellant
to step to the dais.
Ms. Tinoco, daughter of the
applicant, presented the site plans
for the construction and proceded
to point out the changes which
had been made and explained the
reasons for the additional con-
struction.
Chief Building Inspector Wittwer
explained that the Building Code
required that bedrooms have to
have adequate exit space, i.e.,
a window large enough for a person
to leave from in the event of a
fire. Therefore, the extension
of the bedroom to the property
line would create an illegal
extension.
Discussion followed regarding the
structures which had been added
illegally and alternatives which
were available to the appellant
in correcting the violations.
3/4/81
Page ll
AGENDA ACTION TAKEN
ll. Public Hearing - Continued.
10.
Public Hearing - UP-80-570/McDonald's
Corp. (Airport Blvd.)
Continued from 2/18/81.
Staff Report 3/4/81 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-853)
Public Hearing Opened:
(TF-915)
Mayor Acosta declared the Public
Hearing closed.
M/S Addiego/Teglia - That the
appeal be denied and the decision
of the Planning Commission upheld.
Carried by uanimous voice vote.
Director of Community Development
Dell'Angela acknowledged that the
City had received a letter from
the applicant's attorney dated
March 3, 1981 and receipt of a
revised site plan with the elimina-
tion of a drive-through window.
He continued to explain that after
the meeting of February 18, 1981,
when this matter was first heard
by the Council, Staff has reexamined
the pedestrian and vehicular
traffic issues, met with~the appli-
cant and his advisors to discuss
their plan for mitigating the
problems of traffic. He related
that it was the unanimous decision
of the Police Department, Public
Services and Community Development
that the express concerns of'turn-
ing movements ~in and out of the
proposed site could' not be mitigated
by a redesign of the site or by
installation 'of improvements along
Airport Boulevard. He continued
to point out that the applicant had
not addressed the issue of pedestrian
safety and the future traffic flow
from the Gateway Redevelopment, which
will impact Airport Boulevard.
Mayor Acosta declared the Public
Hearing open.
Mayor Acosta invited those wishing
to speak on behalf of the appellant
to step to the dais.
Mr. Xenophon Tragoutsis, 1486
Huntington Avenue, legal representa-
tive for McDonald's Corporation,
d~d not understand why after meeting
with members of the City's Staff
ACTION TAKEN
AGENDA
COMMUNITY DEVELOPMENT
lO. Public Hearing - Continued.
(TF-973)
(TF-1060)
COMMUNITY DEVELOPMENT
to discuss the concerns of Council
and having submitted a revised site
plan which eliminated the drive-through
window, that the Department of
Community Development was remaining
in favor of denial of this appeal.
He continued to state that McDonald's
was in the process of addressing the
traffic related problems and was
willing to make all the adjustments
Council had requested at the meeting
of 2/18/81.
Mr. Larry Dorsey, representative
from McDonald's Corporation,
explained that the new site plan
was still in the schematic stages.
Specifically the site plan pro-
vides for 53 parking stalls and
more affluent on-site traffic circulation.
Mayor Acosta requested further
clarification on the elimination
of left turns.
Mr. Dorsey replied that the left
turn movement elimination had been
recommended by the Police Department
and McDonald's was prepared to do
this, however, they requested that
the turn remain.
Discussion followed in reference
to traffic, signs and the various
other concerns.
Mr. Barnard C. Johnston, 415 Monticello
Street, San Francisco, Professional
Civil and Traffic Engineer, ex-
plained that in the original traffic
report there was an estimate of
3,000 vehicle trips per day or
1500 cars in a 24 hour period. In
the peak hours it was estimated 400
vehicle trips or 200 cars to the
site. Without a drive-through window
those numbers would be reduced: the
3,000 to 2,500 and the peak hour would
be from 400 to 320. We are now con-
sidering 160 cars during the peak hours.
3/4/81
Page 13
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
Public Hearing Closed:
COMMUNITY DEVELOPMENT
Mr. Johnston continued by pointing
out two important considerations
for analyzing traffic on this
particular road system: 1) What
is the McDonald's traffic impact
going to do to the traffic signal
operation and the roadway operation;
2) How is the site itself going to
work in terms of the driveways
with the turning movements involved.
Further discussion followed on
the future traffic problems and
the possibility that further
development in this area would
be inadvisable.
Police Chief Datzman commented
that the issue involved here was
the proXimity of the particular use
to the 101 interchange and all the
problems existing at that inter-
section.
Police Officer Dixon, South San
Francisco Police Department,
expressed areas of concern which
were with the on-ramp traffic and
potential for accidents at various
points. ;;The main concern was
the traffic, both vehicular and
pedestrian would be too great
for this location.
Councilman Damonte stated that he
had observed this particular area
on a number of occasions and was
in agreement with Staff that the
traffic hazards were too numerous
to consider development on this
particular site.
Mayor Acosta invited those who
wished to speak in opposition to
step to the dais.
No one chose to speak.
Mayor Acosta declared the Public
Hearing closed.
3/4/81
Page 14
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
An in-depth discussion followed
regarding whether the proposed
McDonald's was a drive-through
restaurant or a plain restaurant
and the time element involved as
to receipt of the letter indicating
the elimination of the drive-through
window.
Mr. Tragoutsis requested Council
continue the item to give
McDonald's one more opportunity
to work with Staff and address
the concerns dealing with traffic
and come back at a future date.
Further discussion followed on
the status of McDonald's being
a restaurant or a drive-in.
M/S Damonte/Acosta - That McDonald's
is defined as a restaurant.
Carried by unanimous voice vote.
Discussion followed on the alter-
natives Council had before them
in either denying the project or
referring it back to the Planning
Commission for further consider-
ation with respect to the traffic
problems.
M/S Teglia/Addigo - Based on the
concerns of the Planning Department
with respect to pedestrians and
their safety: "endangering the
lives of persons involved in the
area and adversely affecting traffic
in that area"; and also based on
the concerns of the Director of
Public Services/City Engineer,
specific items such as the memorandum
of 2/25/81; and also based on the
report of the Police Department citing
four specific concerns dealing with
accident potentials, both vehicle
3/4/81
Page 15
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued,
RECESS:
RECALL TO ORDER:
(TF-1389)
COMMUNITY DEVELOPMENT
and pedestrian and the inadequacy
of some of the valiantly attempted
mitigation effort - even some
illegalities that they might cause.
"For those reasons I would like to
suggest that the appeal be denied
and that the decision of the
Planning Commission be upheld
in the interests of public health,
safety and welfare not only for
our citizens but for the good of
the community."
Mayor Acosta declared a recess
at ll:15 p.m.
Mayor Acosta recalled the meeting
to order at 11:22 p.m., all Council
present.
Councilwoman Teglia commented in
respect to the Motion she had
made, that the attorney for the
applicant asked for some additional
wording to her Motion, which she
stated that she did not care to
include in her Motion. She requested
that Acting City Attorney Rogers
explain what the wording meant.
Acting City Attorney Rogers
explained that when Mr. Tragoutsis
referred to "with or without pre-
judice'', he had referred to a term
used in court where a judge may
dismiss a case with or without
prejudice. It is a procedural
matter and has the effect "with
prejudice", basically you cannot
come back to court. He continued,
sometimes you can move to dismiss
"without prejudice" which means
you may bring the matter back
before them at a later time in some
circumstances. He continued to
state that he did not feel that a
comment of this type was appropriate.
The Motion should be to uphold the
appeal or deny the appeal and not talk
3/4/81
Page 1'6
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10. Public Hearing - Continued.
FIRE
12.
Staff Report 3/4/81 recommending the
adoption of an Ordinance adopting 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 APPEND-
ICES A THROUGH J, AND THE STANDARDS,
PRINCIPLES, TESTS, METHODS, PUBLIC-
ATIONS AND SECONDARY CODES REFERRED TO
THEREIN OR ADOPTED THEREIN BY REFERENCE:
PROVIDING FOR AMENDMENT THERETO, ISSUANCE
OF PERMITS AND FEES THEREFOR: AND RE-
PEALING ORDINANCES 535, 654, 664, 694,
697, 716, 738 AND 746
COMMUNITY DEVELOPMENT
about this particular term because
he did not think it had an affect
in this type of setting.
Councilman Teglia stated that
on that basis, she would like her
Motion to stand as stated.
Discussion followed on the
applicant's right to reapply
for a new Use Permit.
Further discussion followed in
reference to the letters received
from various companies located
in the vicinity for the proposed
McDonald's development in favor
of the development. Councilwoman
Teglia read the letters~alOud which
endorsed the McDonald's development.
Mayor Acosta called for a vote
on the Motion
Carried by majority roll call vote.
Councilman Nicolopulos voting no.
FIRE
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 Tegllia/Addiego - That ~he
O~inance be introduced by reading
title only.
Carried by unanimous voice vote.
/4/8
~age ~7
AGENDA ACTION TAKEN
PUBLIC SERVICES
13.
Public Hearing - Hillside Estates Sub-
division Vacation of
Slope and Drainage,
continued from 2/18/81.
Staff Report 3/4/8! recommending l)
conduct a Public Hearing and 2) adopt
a Resolution ordering vacation of a
public service easement southwest of
Chestnut Avenue and Hillside Blvd.
A RESOLUTION ORDERING THE VACATION OF
A PUBLIC SERVICE EASEMENT - EXISTING
SLOPE EASEMENT AND TWO 10' DRAINAGE
EASEMENTS SOUTHWEST OF CHESTNUT
AVENUE AND HILLSIDE BOULEVARD
(TF-1481)
Public Hearing closed.
(TF-1539)
PUBLIC SERVICES
Mayor Acosta declared the Public
Hearing open.
Director of Public Services Yee
explained that this was an abandon-
ment for two storm drainage ease-
ments and one slope easementi~n
the vicinity of the northwest corner
of Hillside Bouelvard and Chestnut
Avenue. He continued that the
easements were no longer
necessary and that a proposed
subdivision would be put in the
area.
Mayor Acosta invited those who
wished to speak in favor to step
to the dais.
No one chose to speak.
Mayor Acosta invited those who
wished to speak in opposition to
step to the dais.
No one chose to speak.
iMayor Acosta declared the Rublic
Hearing closed.
Discussion followed in regard
to the possible erosion problems
which might occur and the action
necessary to abate the problem.
Mr. Jim Riles, Forest~Knolls
Development Company Engineer,
addressed Council's concerns
of an erosion problem and
explained the installation of
the pipes and the responsibility
of the developer WiSh respect to
further erosion.
Motion by Teglia - To adopt the
Resolution
RESOLUTION NO. 23-81
Carried by unanimous roll call vote.
3/4/81
Page 18
AGENDA
ACTION TAKEN
PUBLIC SERVICES
14.
Staff Report 3/4/81 recommending
adoption of a Resolution approving
the final Subdivision Map for
Hillside Estates.
A RESOLUTION APPROVING THE FINAL MAP
ENTITLED "HI~LLSI~DE ESTATES" AND
AUTHORIZING RELATED ACTS
(TF-1574)
15.
Staff Report 3/4/81 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, STRUCT-
URES, AND ACTS RELATED THERETO: PROVID-
ING FOR PERMITS, FEES AND PENALTIES:
REPEALING ORDINANCE NOS' 691, 767 AND
774, AND ADOPTING BY REFERENCE THE
INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS UNIFORM BUILDING CODE AND
UNIFORM BUILDING STANDARDS, 1979
EDITION
(lF-1591)
COMMUNICATIONS
16.
Letter from a Parent Teachers Association
with a request for a waiver for the permit
fee charged for an outdoor carnival to be
held at Westborough Junior High on April
10th through 12th, 1981.
(TF-1607) ~//
ITEMS FROM STAFF
17.
Report on the Park & Recreation survey
of the Spruce Gym in association with
the School District.
PUBLIC SERVICES
Brief discussion ensued concerning
the dedication of the subdivision
and the naming of the streets.
Motion by Teglia - To adopt the
Resoltuion.
RESOLUTION NO. 24-81
Carried by unanimous roll call vote.
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 introduced by reading
title only.
Carried by unanimous voice vote.
COMMUNICATIONS
M/S Damonte/Teglia - To grant the
waiver.
Carried by unanimous voice vote.
ITEMS FROM STAFF
Director of Park and Recreation
Norton explained that on
March 3, 1981 a tour of the Spruce
Gym was taken by three members of
Council, members of the South San
Francisco School Board and Staff
3/4/81
Page 19
AGENDA
ACTION TAKEN
ITEMS FROM STAFF
17. Report on Spruce Gym -Continued.
18.
Possible position statment by the
City on ANMAP.
(TF-1650)
GOOD AND WELFARE
ITEMS FROM STAFF
to discuss the City's use of the
building and the structural foundation
of the building. He requested
direction from Council on obtaining
a structural analysis, review existing
reports and get information on seismic
and emergency access. He said Staff
would prepare a preliminary report
on the costs for rehabilitation of
the gym.
Consensus of Council to procede.
Councilwoman Teglia explained that
Council had previously received
an Airport Noise Mitigation Action
Plan draft with comments by the
City's consultant on airport matters,
Dr. Garbell. There have been two
Public Hearings held regarding
ANMAP, both were held at times
when Council was unable to attend.
The City of South San ~rancisco
has not had an opportunity to pre-
sent their comments on the drafted
ANMAP. She continued that the next
scheduled discussion would be at
the next ALUC meeting and had re-
quested Acting City Attorney Rogers to
prepare a draft statement on ANMAP
using some comments from Dr. Garbell
to state the City's position. She
continued, that the draft had been
prepared and requested Council's
concurrence that Mayor Acosta, as
the City's representative to ALUC,
present the draft at the forthcoming
meeting.
Discussion followed among Council
concerning the contents of the
draft and stated that the item
would be discussed at the adjourned
meeting.
GOOD AND WELFARE
No citizens chose to speak.
3/4/81
Page 20
AGENDA ACTION TAKEN
CLOSED SESSION:
RECALL TO ORDER:
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
Council adjourned to a Closed
Session at 11:55 p.m.
The meeting was recalled to order
at 12:15 p.m., all Council present,
instructions were given to the
Acting City Attorney regarding
matters of litigation on Budget
Rent-a-Car.
City Manager Birkelo requested
authorization for the City to
'rescind the balance of contract
with Alton Technology for furnishing
fire alarm systems in the Municipal
Services Communications Center and
~to authorize, subject to its legality
and the vendor being sole source
of this specialized equipment, the
:firm of Herman-Oliver to provide
the alarm systems.
Mayor Acosta stated that this
!matter had been voted on in Closed
Session and, that authorization
had been given.
M/S Addiego/Damonte - That the
meeting be adjourned to Wednesday,
March ll, 1981, at 4:30 p.m., in
the City Council Conference Room,
City Hall, 400 Grand Avenue, South
San Francisco.
Carried by unanimous voice vote.
Time of adjournment 12:18 a.m.
APPROVED:
Barbara A. Battaya, City,Clerk
City of South San Francisco
Ronald G. Acosta, Mayor
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council
to dispose of the item. Oral presentations, arguments, and comments are 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.
3/4/81
Page 21