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