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HomeMy WebLinkAboutMinutes 1981-06-17Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte AGENDA CALL TO ORDER (Side 1 TF-OO1) PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS MINUTES CITY COUNCIL Municipal Services Building Community Room June 17, 1981 ACTION TAKEN 7:40 p.m. Mayor Nicolopulos presiding. Council present: Teglia, Damonte, Nicolopulos, Addiego and Acosta. Council absent: None. Recited. Mayor Nicolopulos stated that this was the first Regular Meeting at the new Municipal Services Building and welcomed the citizenry to the new facility. He asked that the audience observe a moment of prayerful thanks. ORAL COMMUNICATIONS Mr. Bob Stevens, 2435 Tipperary President of the Westborough Home- Owners Improvement Association, read the following letter ~nto the record in rebuttal to Mr. Tom Callan's letters to the City Council: "The Westborough Homeowners Improvement Association is unequivocally opposed to having any additional entrances and/or exits on to or off of Westborough Blvd., other than those that are presently on that Blvd. as of this date. A copy of this letter is also being sent to the City Planning Commission for their infor- mation. Copies of this letter have been sent to the Presidents of the other Homeowners Associations in the Westborough area requesting their support in this matter along with the request that they take similar action. It is also requested that this association be informed whenever any plans or requests for use permits are submitted regarding any additional entrances and/or exits on to or off Westborough Boulevard." 6/17/81 Page 1 AGENDA AGENDA REVIEW City Manager Birkelo requested: - Delete Item No. 9 as the Final Subdivision Map is not ready for approval. - Approval of two Resolutions honoring retiring employees Elinor Figoni and Robert Pennington by title only. A RESOLUTION COMMENDING ELINOR FIGONI A RESOLUTION COMMENDING ROBERT PENNINGTON - Closed Session for a personnel matter at the end of the meeting. CONSENT CALENDAR ~inutes of the Special Meeting of 5/6/81, Regular Meeting of 5/6/81, Special Meeting of 5/13/81. Claims as filed by Arthur Fisher, Esq., of the Jessup Law Firm on behalf of the following people alleging general, special and statutory damages resulting from injuries sustained during an incident involving members of the South San Francisco Police Cepartment: Tu'Inanau Siliga, ACTION TAKEN City Clerk Battaya presented corrected minutes of the 5/6/81 Meeting for Council consideration. AGENDA REVIEW So ordered. M/S Teglia/Damonte - To adopt the Resolution by title only. RESOLUTION NO. 63-81 Carried by unanimous voice vote. M/S Acosta/Damonte - To adopt the Resolution by title only. RESOLUTION NO. 64-81 Carried by unanimous voice vote. So ordered. CONSENT CALENDAR City Clerk Battaya stated that the minutes of the 5/6/81 Meeting had been corrected to accommodate the objections noted by the Acting City Attorney. Approved. 6/17/81 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 2. Claims - Continued. e e e Lisa T. Siliga, Epafala Apela Moananu, Peta Satele, Nu'Umai Leao, Fa'Alilo Fa'Alilo, Safua Elisaia Silifaiva, Faipea Taliloa, Tafavalu Taliloa, Fiu Laupati, Pouono Talauega, Sanele Taototo, Lopi Laupati, Folauilevasaloloa Silifaiva. Motion to deny and refer the claims to the City's Insurance Adjuster and to the Office of the City Attorney. ~.~~ Claim as filed by Matthew N. White, Atty. at Law, on behalf of Steven Michael Nichols alleging personal injuries and other losses result- ing from an incident involving the Police Department. Motion to deny and refer the claim to the City's Insurance Adjuster and to the Office of the City.~ttorney. Staff Report 6/17/81 recommending by Motion to award the bid for work on Central Fire Station Drill Yard Improvements to Interstate Grading & Paving. ~/7/~ Staff Report 6/17/81 recommending adoption of a Resolution to award the contract to Bay Pest Control Company for the Rodent Control Program. . e A RESOLUTION TO AWARD THE CONTRACT TO BAY PEST CONTROL COMPANY FOR THE RODENT CONTROL PROGRAM Staff Report 6/17/81 recommending by Motion authorization for the Purchas- ing Officer to call for bids for custodial paper supplies. Staff Report~ recommending by Motion acceptance of the Pavement Marking Demonstration Project No. ST-79-5 as complete in accordance with the approved plans and speci- CONSENT CALENDAR So ordered. So ordered. So ordered. Pulled from the Consent Calendar for discussion by Vice Mayor Teglia. So ordered. 6/17/81 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 7.' Staff Report 6/17/81 - Continued. o fications, authorizing the filing of the Notice of Completion with the County, make final payment to the contractor and release the 10% retention fee after the 30 day lien period. ~~ Staff Report 6/17/81 recommending: a) Adoption of a Resolution approv- ing the Capital Improvement Budget for 1979-80. A RESOLUTION APPROVING THE CAPITAL IMPROVEMENT BUDGET FOR 1979-80 b) Adoption of a Resolution approv- ing the Capital Improvement Budget for 1 980-81 e A RESOLUTION APPROVING THE CAPITAL IMPROVEMENT BUDGET FOR 1980-81 Staff Report 6/17/81 recommending adoption of a Resolution approving the Final Subdivision Map and related documents for the Grand Manor Condominium. 10. A RESOLUTION APPROVING THE FINAL MAP ENTITLED "GRAND MANOR, CONDO- MINIUM SUBDIVISION" AND APPROVING RELATED ACTS Staff Report 6/17/81 recommending adoption of a Resolution approving Subdivision Improvement Agreement in connection with the South Linden Avenue No. 3 Parcel Map. A RESOLUTION APPROVING AGREEMENT SUBDIVISION IMPROVEMENTS PARCEL MAP OF SOUTH LINDEN TRACT NO. 3 CONSENT CALENDAR Pulled from the Consent Calendar for discussion by Vice Mayor Teglia. RESOLUTION NO. 65-81 RESOLUTION NO. 66-81 Deleted from the Consent Calendar by City Manager Birkelo under Agenda Review. RESOLUTION NO. 67-81 M/S Damonte/Teglia - Consent Calendar be approved with the exception of Item 5 and Item 7. Carried by unanimous voice vote. 6/17/81 Page 4 AG E N D A A C T I O N TAKEN ~8 Staff Report 6/17/81 recommending adoption of a Resolution to award the contract to Bay Pest Control Company for the Rodent Control Program. A RESOLUTION TO AWARD THE CONTRACT TO BAY PEST CONTROL COMPANY FOR THE RODENT CONTROL PROGRAM Staff Report 6/17/81 recommending by Motion acceptance of the Pavement Marking Demonstration Project No. ST-79-5 as complete in accordance with the approved plans and speci- fications, authorizing the filing of the Notice of Completion with the County, make final payment to the contractor and release the 10% retention fee after the 30 day lien period. (TF~140) Vice Mayor Teglia asked for an explanation of the control of sewer rats through the program. Director of Public Services Yee stated that this was an annual program conducted by the County Health Department in areas infested with sewer rates, i.e., Colma Creek, the Produce Market, etc. He said that the County works with the Contractor and the Health Department in putting out bait and other materials and that it was a three year renewal program. Councilman Addiego stated that the Produce Market is private property and questioned whether the Health Department investigated the Market for signs of rat activity. Director of Public Services Yee said that the area that was serviced with poison bait was not the produce terminal itself but the adjacent area. He stated that he would bring forth a report to Council on the County's findings of rat activity in He areas discussed and that a County person would address Council at the next meeting. M/S Teglia/Addiego - To continue the matter to the next meeting. Carried by majority voice vote, Councilmen Damonte and Acosta voted no. Director of Public Services Yee explained that the City had received a grant of $52,000 to phase out traffic buttons and that the work had been completed without cost to the City. M/S Teglia/Damonte - To accept the Pavement Marking Demonstration Project. Carried by unanimous voice vote. 6/17/81 Page 5 AGENDA APPROVAL OF BILLS 11. Approval of the Regular Bills of 6/17/81. CITY MANAGER 12. Staff Report 6/17/81 with a status report on the Brentwood Shopping Center Parking Lot. (TF-190) ACTION TAKEN APPROVAL OF BILLS M/S Teglia/Acosta - To approve the Regular Bills. Carried by unanimous voice vote, Councilman Addiego did not partici- pate or vote in the matter of the claim of Brentwood Market. CITY MANAGER City Manager Birkelo stated that a draft agreement was being prepared for the two property owners and that it consisted of two options the Council had considered months ago. He continued, the property owner would pay for the cost of resurfacing the lot and agree to pay for all annual maintenance costs; and would make payment to the City in lieu of property tax, however a figure was not put forth. He said that the property owners requested an option to purchase the lot, however Staff was not certain it could devise the terms for an option down the road. He proposed to include in the agreement that the City would be willing to consider an option at the appropriate time, rather than at the present. He stated that the property owners would have the agreement in the next week. Councilman Damonte suggested consider- ation of another alternative, i.e., installing parking meters. City Manager Birkelo said that alter- native could be reviewed, however his understanding had been that Council had agreed on the options: 1) To sell the lot to the adjacent operators; 2) Parking meters being advantageous to the City; and 3) an agreement between the City and the property owners with a fee being charged, etc. 6/17/81 Page 6 AGENDA ACTION TAKEN CITY MANAGER 12. Staff Report - Continued. 13. Staff Report 6/17/81 recommending adoption of an Ordinance which changes the time of regular meet- ings of the Personnel Board: 1) Motion to waive further reading of the Ordinance; 2) Motion to pass and adopt the Ordinance. 2nd Readi ng/Adoption AN ORDINANCE AMENDING SECTION 4.4.1, ORDINANCE NO. 449, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND REESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO," AS AMENDED CITY MANAGER Further discussion followed on installing parking meters to make the area consistent with metered parking in the downtown area; enforcement of the meters and the manpower that would be needed for collection and maintenance, etc. Councilman Damonte stated that the parking area had been given to the City by the Developer of that area and felt that if the property was to be sold it should be at the fair market value - not given away. A discussion followed concerning putting the matter on a study session for additional input; that putting it on the list of study session items was a good way to bury the item; Council should have received a written report on all the options available for perusal before the meeting, rather than just an oral report, etc. Consensus of Council - To put the item over to the 7/1/81 meeting and instruct the Acting City Attorney to review the original contract that gave the property to the City. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Addiego - That the Ordinance be passed and adopted. ORDINANCE NO. 863-81 Carried by unanimous voice vote. 6/17/81 Page 7 AG E N DA ACT ]' 0 N TAKEN COMMUNITY DEVELOPMENT 14. Staff Report 6/17/81 recommending adoption of an Ordinance rezoning from "U" to "C-I" for property lo- cated on the westside of E1 Camino Real generally between Ponderosa Road and Hazelwood Drive: 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be passed and adopted. (TF-268) 15. 2nd Reading/Adoption 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 ESTABLISH- ING A "C-I" NEIGHBORHOOD COMMERCIAL DISTRICT ON CERTAIN DEVELOPED PROP- ERTIES, INCLUDING 269, 301, 321-333, 415, 551-555 AND 585 EL CAMINO REAL GENERALLY BETWEEN PONDEROSA ROAD AND HAZELWOOD DRIVE FROM "U" UNCLASSIFIED Staff Report 6/17/81 recommending adoption of an Ordinance rezoning from "U" to "R-3" for property located on the easterly side of Alida, approximately 375 feet south of Country Club Drive and 350 feet north of Hazelwood Drive (RZ-81-72): 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be passed and adopted. 2nd Reading/Adoption 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 ESTAB- LISHING A "R-3" MULTIPLE FAMILY RESIDENTIAL DISTRICT ON CERTAIN DEVELOPED PROPERTIES, INCLUDING 316, 328, 338, 358 AND 362 ALIDA WAY, GENERALLY LOCATED ON THE EASTERLY SIDE OF ALIDA WAY COMMUNITY DEVELOPMENT City Clerk Battaya read the entire title of the Ordinance aloud. M/S Damonte/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Teglia - That the Ordinance be passed and adopted. ORDINANCE NO. 864-81 Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Damonte/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Teglia - That the Ordinance be passed and adopted. ORDINANCE NO. 865-81 Carried by unanimous voice vote. 6/17/81 Page 8 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT 16. 17. Staff Report 6/17/81 recommending adoption of an Ordinance for amendments to Section 4.141 of the Zoning Ordinance relating to compact car spaces (ZA-81-18): 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be passed and adopted. 2nd Reading/Adoption AN ORDINANCE AMENDING ORDINANCE NO. 353, ENTITLED, "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" (OFF-STREET PARKING FOR COMPACT CARS) Staff Report 6/17/81 recommenalng adoption of an Ordinance adopting the Redevelopment Plan for the Gateway Redevelopment Project: 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be passed and adopted. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Acosta/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Damonte - That the Ordinance be passed and adopted. ORDINANCE NO. 866-81 Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Acosta/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. 18. 2nd Reading/Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING THE REDEVELOPMENT PLAN FOR THE GATEWAY REDEVELOPMENT PROJECT Public Hearing - Establishment of a new Zoning District entitled "The Gateway Specific Plan District" and the Rezoning from M-2 to the "Gateway Specific Plan District" certain prop- erties in th~ Gateway Redevelopment Project. (TF-286) Staff Report 6/17/81 recommending: 1) Open the Public Hearing and hear M/S Acosta/Damonte - That the Ordinance be passed and adopted. ORDINANCE NO. 867-81 Carried by unanimous voice vote. Director of Community Development Dell'Angela stated that this Ordinance establishes certain requirements for land uses and proposed street systems in the Gateway. He continued, that it indicates requirements for building heights and that on the Specific Plan it indicates certain uses within the Project area. He handed testimony; 3) Motion to waive further reading of the Ordinance; 4) Motion to Introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTABLISHING A ZONING DISTRICT ENTITLED "GATEWAY SPECIFIC 2) Close the Public Hearing; Council some seven pages and said they did not change the plan, but clean up typos and the like. He stated that the Planning Commission rec- commended that Council introduce the Ordinance. 6/17/81 Page 9 AGENDA COMMUNITY DEVELOPMENT 18. Public Hearing - Continued. PLAN DISTRICT" AMENDMENT OF SECTION 2.1 AND 2.2 OF ORDINANCE NO. 353 AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" ADOPTED ON AUGUST 10, 1954 AND THE MAP ENTITLED "ZONING MAP OF THE CITY OF SOUTH SAN FRANCISCO DATED JUNE 18, 1975 ACTION TAKEN COMMUNITY DEVELOPMENT City Clerk Battaya read the entire title of the Ordinance aloud. Mayor Nicolopulos declared the Public Hearing open and invited those wishing to speak in favor of the rezoning to step to the dais -- no one chose to speak. Mayor Nicolopulos then invited those who wished to speak in opposition to the rezoning to step to the dais -- no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed and opened the discussion to Council. Councilman Acosta requested a clarification of page 20, Subsection B, in accordance with Article 3 Redevelopment Agency. Director of Community Development Dell'Angela stated that by adoption of the Plan, the City was giving the Redevelopment Agency authority to approve precise plans for the District during the specific phases. He continued, Council will delegate the Redevelopment Agency as the review agency in considering the precise plan as the project developes. Councilman Addiego spoke of the change on the precise plan, on page 38, that after the first sub- mission of the precise plan the City had 45 days to act and then 30 days to act upon a revision. He stated that it had read 30 days and then 30 days to act upon a revision. Director of Community Development Dell'Angela said it had been recommended by the Planning Commission to change to a review in 45 days and 30 days on an extension. He asked that a recess be declared before Council ruled 6/17/81 Page 10 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 18. Public Hearing - Continued. RECESS: (TF-335) RECALL TO ORDER: 19. Public Hearing - GPA-81-15, Amend- ments to the Housing Element of the General Plan regarding Policies on Conversion of Condominiums, Stock Cooperatives and Community Apart- ment Projects (Neg. Dec. No. 322). Staff Report 6/17/81 recommending: l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Approve Negative Declaration No. 322; 4) Adoption of a Resolution. A RESOLUTION APPROVING GENERAL PLAN AMENDMENT GPA-81-15 PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 2296 COMMUNITY DEVELOPMENT on this matter. Mayor Nicolopulos declared a recess at 8:50 p.m. Mayor Nicolopulos recalled the meeting to order at 9:00 p.m., all Council present. Director of Community Development Dell'Angela stated that the Acting City Attorney had had questions on some of the exhibits in the Ordinance and that during the recess the matter had been clarified with the Homart people. Acting City Attorney Rogers Said that the Ordinance was adopting the Spe- cific Plan and explained in detail the new pages of the Ordinance that had been submitted to Council. M/S Acosta/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance aloud. Director of Community Development Dell'Angela explained that the proposed amendment establishes guidelines in the housing element of the General Plan. He stated that the most important objective was that no conversion shall be allowed until the vacancy rate exceeds 3% and makes provisions for the relocation allowances. Mayor Nicolopulos declared the Public Hearing open and invited those wishing to speak in favor of the amendment to step to the dais. 6/17/81 Page 11 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 19. Public Hearing - Continued. (TF-450) (TF-492) COMMUNITY DEVELOPMENT Mr. Martin R. Lehrberger, 849 West Orange Ave., Apt. 4024, said he favored the general tone of the Negative Declaration but believes in a 5% rather than a 3% vacancy factor for conversions of multi- family dwellings into condominiums. A in-depth discussion followed on the statistics of turning the percentage factor into housing units and the number of existing vacant units; large land owners holding land off the market, artificially making the vacancy factor rise; the number of building permits issued in the past year; protection of rental stock, etc. Ms. Doris R. Agee, 819 Ridge Court, expressed concern for the need for rental units in the City and urged that the 5% factor be used for a vacancy rate. Mr. Charles W. Getz, 845 Ridge Court, stated he was speaking as a condo owner and not as a Planning Commissioner. He stated that he had been a member of the subcommittee that had worked on the Ordinance and he commended Staff for their diligence and hard work. He said that Congress was considering a national moratorium on this matter of conversions. He spoke in-depth for the need for apartments, single family homes and the problems of displacement when conversions were effected. He stated that he would not take objection to a 5% vacancy factor being adopted by Council, although the Planning Commission had recommended the 3% vacancy factor. Mr. Larry Casey, 363 Forrestville Dr., said he was supportive of the Ordinance as it provided: 1) Pre- vention of converting partially built structures; 2) Affordable housing for young people. 6/17/81 Page 12 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 19. Public Hearing - Continued. (TF-526) (TF-564) COMMUNITY DEVELOPMENT Mayor Nicolopulos then invited those who wished to speak in opposition to the rezoning to step to the dais -- no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed and opened the discussion to Council. Discussion followed on the results obtained from the recent consensus on single and multi-family dwellings; surveys made by the Home Loan Bank in San Francisco and the Post Office on vacancy factors; Planning Commission's discussions relative to the 3% vacancy factor recommendation; vacancy rates in adjacent cities; the fact that the City has 73 apartment units to rent; Consensus of Council that 5% vacancy factor was more acceptable. Acting City Attorney Rogers said that the moratorium deadline was coming up on 8/6/81 and that the Ordinance should be adopted and be consistent with the General Plan. He suggested adopting the Ordinance as written and some time down the road Staff would prepare an amendment to change the vacancy factor to 5%. M/S Acosta/Teglia - To approve Negative Declaration No. 322. Carried by unanimous voice vote. M/S Teglia/Addiego - To adopt the Resolution. RESOLUTION NO. 68-81 Carried by unanimous voice vote. 6/17/81 Page 13 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing -Condominium Con- version Ordinance and Negative Declaration No. 323. Staff Report 6/17/81 recommending: 1) Openthe Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Approve Negative Declaration No. 323; 4) Motion to waive further reading of the Ordinance; 5) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE REGULATING COOPERA- TIVE CONDOMINIUM CONVERSION AND PRESCRIBING PROCEDURES THEREFOR COMMUNITY DEVELOPMENT City Clerk Battaya read the entire title of the Ordinance aloud. Director of Community Development Dell'Angela explained in-depth how this Ordinance regulated the con- version of condominiums, stock cooperatives and community apartment projects. He continued, that it also had a 3% vacancy factor and provisions protect existing tenants in multi-family projects that could possibly be converted. He stated that a subcommittee had been appointed to draft the Ordinance and the prop- osed amendments. He spoke of a letter that had been submitted to the Planning Commission's Public Hearing by Matthew Conway of the Clubview Associates submitting proposed language to the Ordinance, which was proven to not be proper or desireable. He stated that a Position Paper had been submitted by Richard Longacre, Tenant Alliance, addressing the subject of the shortage of rental units and suggested a 5% vacancy rage be used in the Ordinance. He stated that .the Ordinance if adopted would not allow conversions unless the vacancy factor exceeds 3%. He also stated that if a building was con- verted 20% of the units would be priced down for low income cost, however the Planning Commission felt this would be very difficult to enforce and that a 10% fee should be paid to the City. With the 10% fee paid the City could in the future acquire property to increase the supply in the City for low and moderate income people and the City would administer the program. Councilman Damonte stated that the 10% fee would bring in a lot of money and thought it would necessitate additional staff being hired and yet no plans had been formalized. 6/17/81 Page 14 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. (TF-721) (TF-735) COMMUNITY DEVELOPMENT An in-depth discussion followed on the amount of money to be amassed from the 5% fee; whether the money would be used for housing stock for the Gateway or would it be citywide; the fact that the funds were for replacement housing and not renovation, etc. Vice Mayor Teglia expressed the difficulty handicapped people faced in finding rental units and wanted some protection written into the Ordinance. She spoke at length and asked questions on the length of the extensions; penalizing tenants by the process draging on for years; discrimination against children in rental units, etc. Acting City Attorney Rogers stated that condo conversions removed rental stock from the market and when a new condo is built that is adding housing stock for purchase. Councilman Acosta said that if the developer, the person who is con- verting, has to pay a 10% fee that fee is then going to passed down to the person buying the condo. Mayor Nicolopulos declared the Public Hearing open and invited 'those wishing to speak in favor of the amendment to step to the dais. Mr. Martin R. Lehrberger, Club View Apartments, congratulated Staff on the work that had been dpne on this Ordinance,aside from the 3% vacancy rate. He spoke of the people who had spoken at the prior Public Hearings, i.e., the people who could afford to buy condos, yet objected to rent escalations, subsidized housing and rents; rent control. 6/17/81 Page 15 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. (TF-780) (TF-857) COMMUNITY DEVELOPMENT He spoke in favor of the Council approving the Negative Declaration and changing the vacancy factor to 5%. Ms. Doris Agee, 819 Ridge Court, spoke in favor of condos if there was full participation of the owners; and the people who live in the condos, through a lease agreement, she felt did not have a voice in the assoc- iation. She suggested writing into the Ordinance that a condo conversion must not be smaller than 50 units. Mr. Charles Getz, 845 Ridge Court, stated that having been a member of the subcommittee he would be happy to answer Council's questions on this Ordinance. He proceeded to explain in detail the methods of low and moderate income housing: 1) private developer, inclusionary zoning; and 3) in lieu fees. He stated that examples of each were as follows: 1) Rotary Plaza; 2) a percentage of the units were sold below the market rates; and 3) a percentage of the purchase price must be paid to the City to provide a fund, etc. Vice Mayor Teglia asked Mr. Getz if the Planning Commission had taken testimony from handicapped people and had considered tenant protection for the handicapped. Mr. Getz stated the matter had not been addressed by the Subcommittee however, he felt that it was a good point and should be of concern. He suggested that the item be addressed in the future amendment to the Ordinance. Discussion followed on collusion by property owners to hold rental stock off the market; findings of good faith; consideration of the number of units in a particular conversion 6/17/81 Page 16 A6ENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. COMMUNITY DEVELOPMENT application; Staff would give consid- eration to Ms. Agee concerns when drafting the amendment to the Ordinance; whether it was possible to add "renovation/replacement housing" on page 14. Acting City Attorney Rogers said he would not advise the change because Council could use the funds for replacement funds. He stated that if it furthers the Housing Element of the General Plan and is appropriate, then it is already covered because it is a broad spectrum. Councilman Acosta expressed concern that the interpretation expressed by the Attorney could at a later time be expressed differently by another Attorney - as it was only an opinion and someone could come back in time and say what was the intent. Acting City Attorney Rogers said that an Ordinance was being passed with a record being made by the Clerk and there are discussions being made of the intent. When the Council says the funds shall be utilized to provide replacement housing and otherwise support object- ives of the Housing Element of the General Plan the Council is wide open with the money unless it is spent on something else. Councilman Acosta said that when the time comes for changes to a document it should then be changed, rather than procrastinate just because the original document was not present. He stated that this was a Public Hearing for discussion on the Ordinance and he did not feel that any document should be set in concrete as it defeated the purpose of the Hearing. 6/17/81 Page 17 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. (TF-1056) (TF-1088) COMMUNITY DEVELOPMENT Acting City Attorney Rogers stated that the changes to the Ordinance that had been discussed were sub- stantive changes rather than a word correction and reiterated that an Ordinance can not be changed after its introduction. Majority consensus of Council that the following items should be addressed when the amendment to the Ordinance is drafted: the 10% fee; handicapped tenants; change the vacancy factor from 3% to 5%; exemption of seniors; discrimination against families with children and a good faith clause. Mayor Nicolopulos and Councilman Damonte did not join the discussion. Vice Mayor Teglia asked when the amendment to the Ordinance would be ready for Council. Director of Community Development Dell'Angela stated that it would be between two and three months depending on whether or not the Planning Commission has to review the amendment or not. Mayor Nicolopulos then invited those who wished to speak in opposition to the Ordinance to step to the dais -- no one chose to speak. He then declared the Public Hearing closed. M/S Acosta/Teglia - To approve Negative Declaration No. 323. Carried by unanimous voice vote. M/S Acosta/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. 6/17/81 Page 18 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 20. Public Hearing - Continued. FINANCE 21. Staff Report 6/17/81 recommending by Motion to authorize the Purchasing Officer to accept the offer for $4,000 by Keybrook Business Systems for the purchase of the Qantel computer. RECESS: FIRE 22. Staff Report 6/17/81 recommending by Motion the rejection of the bids for an ambulance for the Paramedic Service and authoriza- tion for the Purchasing Officer to readvertise for bids. POLICE 23. Staff Report 6/17/81 recommending by Motion to endorse the recom- mendation on the North County Detention Facility. COMMUNITY DEVELOPMENT M/S Acosta/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. FINANCE City Manager Birkelo stated that additional interest had been discovered in this computer and asked that the matter be carried over to Thursday, 6/18/81, at 4:15 p.m. for consideration. So ordered. Mayor Nicolopulos declared a recess at ll:05 p.m. Mayor Nicolopulos recalled the meeting to order at ll:20 p.m., all Council present. FIRE City Manager Birkelo stated that eight bids had been mailed and only two bids had been received. He said that one bidder did not receive notice of the bid and had raised some questions on the specifications and the low bidder had many questions on the specifications. Vice Mayor Teglia expressed concern with the letter received from the complainant bidder which cast dis- persions on the City and requested that he be notified for the next bid. M/S Acosta/Teglia - To approve. Carried by unanimous voice vote. POLICE Police Chief Datzman asked that Council by formal Motion endorse the recommendation of North County that a courtroom be included in the construction of the Detention 6/17/81 Page 19 AGENDA ACTION TAKEN 52 POLICE 23. Staff Report - Continued. (TF-1124) PUBLIC SERVICES (TF-1236) 24. Staff Report 6/17/81 recommending: a) Adoption of a Resolution author- izing the execution of an amendment of Subdivision Improvements of Rare Earth Subdivision No. 1. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT OF SUBDIVISION IMPROVE- MENTS, RARE EARTH SUBDIVISION NO. 1, DATED JUNE 18, 1980 POLICE Facility to provide appropriate security. He retraced the history of the planning for the facility, the costs involved for the courtroom contained in the facility. He stated that the Judges were in favor, as well as the North County Police Chiefs. Councilman Acosta pointed out that the detention facility would be used for arraignments for a maximum period of 48 hours. He said he did not understand the need for a court- room. Police Chief Datzman said that it had been planned to conduct trials in the courtroom and there would be security features installed, i.e., a security corrider from the facility to the courtroom. Councilman Acosta stated that the original intent of the facility was so this City's officers would not have to transport prisoners to Redwood City. A discussion followed on whether construction of the facility would be delayed because of the added expense of a courtroom and corrider. M/S Teglia/Acosta - To approve. Carried by unanimous voice vote. PUBLIC SERVICES Councilman .Acosta left the podium at 11:42 p.m. and did not partici- pate in the discussion or vote. He stated that he would reserve the right to speak as an individual on the matter. Mayor Nicolopulos asked for clarifi- cation on Item b) from the City Attorney because he thought the item had been dealt with at the last meeting. 6/17/81 Page 20 AGENDA ACTION TAKEN PUBLIC SERVICES 24. Staff Report - Continued. b) Motion to deny the request for a one year extension of time to complete the work. PUBLIC SERVICES Acting City Attorney Rogers stated that Council took an action to deny the year's extension, but that was before Council was made aware that the appellant had gone to the wrong location for the meeting. Mayor Nicolopulos asked if the option was then still open. Acting City Attorney Rogers said that at some more appropriate time the appellant may have the option. Director of Public Services Yee said that as he recalled Council had taken action on the extension and that on the land acquisition for the cul-de-sac was put over to the next meeting for more infor- mation from the Developer. Mayor Nicolopulos asked that the record show that Council was dealing with the first item and that the second item had already been dealt with. Mr. David Uccelli, 520 E1 Camino Real, San Mateo, stated that he represented the Developer. He said that at the conclusion of the last meeting Council had directed the Developer to contact members of the Church to grant a sufficient amount land to build a cul-de-sac. He stated that he contacted Mr. Robert Connig on June llth and 12th and again on the 17th. He stated that the Church was in the process of selecting a Vector, however Mr. Connig said he did not have authority to speak for the Church and bind them to an agreement. After questioning of the viewpoint of the Church, Mr. Connig said the Church did not view the cul-de-sac as a benefit and felt it could hinder the Church at a later time when something was to be done with the land. 6/17/81 Page 21 AGENDA ACTION TAKEN PUBLIC SERVICES 24. Staff Report - Continued. RECESS: RECALL TO ORDER: PUBLIC SERVICES Discussion followed concerning the history of the Rare Earth Subdivision in conjunction with the proposed cul-de-sac; the obligations of the developer and the City; the alternatives; and the possible solutions. In response to Vice I~ayor Teglia's inquir~ Director of Public Services Yee stated that his recommendation was to procede with half of a cul-de-sac and if in the future the needed property were available-to complete the cul-de-sac. Mr. Uccelli reiterated hi~s concern that the Church would not be able to reach a decision within the next 4 to 5 months, and further indicated that no set figure had been quoted by the Church at this time for the land. He stated that there was a provision in the agree- ment which requires the subdivider to put in a street with a barricade and they were asking that the agree- ment be clarified by taking out the reference to the street plans regarding the cul-de-sac. Discussion followed on the necessity of the cul-de-sac; the time element involved; the two sets of plans which had been submitted for the driveways, one which was contingent on the annexation of the Country Club area which included'the cul-de-sac; and the fact that the Church land was necessary to develop the cul-de-sac. Mayor Nicolopulos declared a recess at 12:25 a.m. Mayor~Nicolopulos recalled the meeting to order at 12:36 a.m., all Council present. Mayor Nicolopulos asked what Council's options were at this time. Director of Public Services Yee stated options available 6/17/81 Page 22 AGENDA ACTION TAKEN PUBLIC SERVICES 24. Staff Report - Continued. PUBLIC SERVICES for consideration at this time. In-depth discussion followed relevant to the options and alternatives presented. Vice Mayor Teglia expressed concern that to delete the cul-de-sac at this time would be premature, indicating that the Church would be considering the requests to either sell or grant an easement to the developer in the near future. She stated that if the Church were to definitely say no in the future, that would be the proper time to consider deletion. Mr. Uccelli stated that the hearing held before the Planning Commission in May of this year had affirmatively stated that the "condition is no longer in effect." He said that he believed it was a formality that the City would amend the subdivision agreement to conform with the action taken by the Planning Commission. He continued, that the Council was limited to the contract between the City and the developer~and did not believe the Council could impose a condition upon the developer which was no longer a part of the sub- division itself. Acting City Attorney Rogers explained that" ..... this is a request to an amendment of a provision on the final map and that Council approved the final map as it was with these conditions on it and authorized the execution of the subdivision improvement agreement" and indicated that the request that the Planning Commission amend this condition of the final map needs to be reviewed and approved by the Council. Discussion followed on what the final decision would be if no action were taken by Council, and what it would be if there was a tie vote. Acting City Attorney Rogers 6/17/81 Page 23 AGENDA ACTION TAKEN PUBLIC SERVICES 24. Staff Report - Continued. (Side 2 TF-O08) ITEMS FROM STAFF 25. Request for out of state travel for the Assistant Fire Chief. ITEMS FROM COUNCIL 26. A report by the South Slope Task Force. (TF-033) PUBLIC SERVICES stated that in either of the cir- cumstances the decision of the Planning Commission would stand. M/S Damonte - Nicolopulos - To uphold the Planning Commission's decision. Discussion followed concerning the existence of three quarter cul-de-sacs; their possible advantages; and the possibility of staff entering the negotiations with the Ch~h and developer. Motion failed for lack of majority vote. Councilmembers Addiego and Teglia voted no. Councilman Acosta returns to the podium. ITEMS FROM STAFF City Manager Birkelo explained that this was a request for Assistant Fire Chief Lee to attend the National Fire Academy in Maryland for two weeks in October. Discussion followed on the opportunity to attend this academy and the courses which would be offered. M/S Acosta/Damonte - To approve. Carried by unanimous roll call vote. ITEMS FROM COUNCIL Councilman Acosta stated that the Task Force had met 4 times, and that Mr. Dean had presented conceptual plans for the proposed development and in- dicated that no commitments had been made at this time. He said that there will be public workshops~for the participation of the public. Vice Mayor Teglia stated that there had been a meeting where the past history of the mountain had been the topic, and that a consultant had been hired to investigate the butterflies 6/17/81 Page 24 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 26. Report - Cont. 27. Staff Report regarding Council representatives on Bay Area Committees. ( TF- 098 ) Councilman Addiego: ITEMS FROM COUNCIL habitat and proceded to explain the types of housing, recreational, commercial and open space develoPments which had been discussed. Councilman Acosta explained that the area known as Juncus Ravine is not a part of the project. Jim Keegan, 1244 Crestwood Drive, expressed cOncern with the amount of input by the Task Force with respect to the planning process for the mountain and the time of mis discussion. Discussion followed on the role of the Task Force; the plans as presented by Mr. Dean; involvement of the County and the citizens of South San Francisco. Vice Mayor Teglia asked if it would be beneficial to have a liaison With the Housing Authority. Councilman Damonte responded that he felt it would be si~gnificantly beneficial. Mayor Nicolopulos requested that with Council's concurrence a policy be established to allow for reports from the liaismmembers to be presented at Council meetings. Discussion followed concerning this /equest. Consensus of Council to have Mayor call for reports. Indicated that a communication had been received from NOISE dated June 4, but had not been received by Council until June 12, 1981 and there had been a request for action .by Council on the llth of June. He a~ked the reason for the delay in forwarding the communication to Council since the item had been received on the 8th~ and requested clarification on the procedure for distribution of Council's mail. 6/17/81 Page 25 AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE (TF-137) CLOSED SESSION: RECALL TO ORDER: ADJOURNMENT: (TF-159) RESPECTFULLY SUBMITTED, 'Barbara A. Battaya, Cit~ Clerk City of South San Francisco ITEMS FROM COUNCIL City Manager Birkelo explained the procedure. Discussion followed on the reasons for delay, etc. GOOD AND WELFARE Jim Keegan, 1244 Crestwood Drive, commented on the report given by the Task Force and indicated that he felt reports should be given to the other members of Council and to the public from members on various committees. He further indicated that the citizens would like to be. apprised of the actions of groups such as JPAC, and',expressed co~cern that no report had been submitted by the Joint Advisory Board of the Qyster Point Marina in 4 years. Council adjourned to a Closed Session at 1:44 a.m. The meeting was recall~ed to order at 2:30 a.m., all Council present. no action taken. M/S Acosta/Damonte - That the meeting be adjourned to June 18, 1981, at 4:15 p.m., in the City Hall Conference Room, City Hall, South San Francisco. Carried by unanimous voice vote. Time of adjournement 2:32 a.m. APPROVED: I CO I OplJ I OS, [~.~yor City of South San Francisco 6/17/81 Page 26 AGENDA ACTION TAKEN The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral communications, arguments, and comments are ~ecorded on tape. The tape and documents related to the items are on file in the office of the City Clerk and available for inspection, review and copying. 6/17/81 Page 27