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HomeMy WebLinkAboutMinutes 1982-03-03!layor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte AGENDA PLEDGE OF ALLEGIANCE CALL TO ORDER: AGENDA REVIEW City Manager Birkelo requested: - Closed Session for litigation and personnel matters at the close of the meeting. - Add Item 10, a discussion related to the application for HCDA funding from the County. ORAL COMMUNICATIONS MINUTES CITY COUNCIL Municipal Services Building Community Room March 3, 1982 ACTION TAKEN Recited. 7:42 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. Mayor Nicolopulos requested that a moment of silence be observed in memory of the 6 residents who had died in a recent airplane crash. Consensus of Council that a letter be drafted on their behalf expressing sympathy to each of the families. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Monika Ahajanian, 45 Marbly Avenue, Daly City, stated that she was present this evening in her capacity as the PTA president of Roger Williams School. She presented a petition requesting a stop sign at the corner of Magnolia and Grand Avenues. She indicated that a child had recently been seriously in- jured in an accident at that location. Michelle Reece, 333 "A" Street, said that she was the mother of the child involved in the accident at the corner of Grand and Magnolia Avenues. 3/3/82 Page 1 ORAL COMMUNICATIONS CONSENT CALENDAR Minutes of the Adjourned Regular Meeting of 11/9/81, Regular Meeting of 11/18/81 and the Adjourned Regular Meeting of 11/30/81. APPROVAL OF BILLS 2. Regular Bills of 3/3/82. COMMUNITY DEVELOPMENT Public Hearing - ZA-82-22/Amendments to Section 20.66 of the Municipal Code and Section 4.4 of the Zoning Ordinance dealing with uses per- mitted, required setbacks, and ORAL COMMUNICATIONS She requested that a stop sign be installed to prevent future incidents. James Elmore, 642 Commercial Avenue, expressed concern over the dangerous crossing conditions and the amount of traffic in the area surrounding the school. Mayor Nicolopulos asked that Staff investigate this situation immediately and advise Council of their findings. Councilman Acosta requested that information regarding the age, the supervisor, and the hours that the school crossing guard is on duty. Mayor Nicolopulos said that the school would be notified of the City's action regarding this matter. CONSENT CALENDAR Approved. M/S Acosta/Damonte - Consent Calendar be approved. APPROVAL OF BILLS M/S Damonte/Acosta - To approve the Regular Bills. Carried by unanimous voice vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. COMMUNITY DEVELOPMENT City Clerk Battaya read the title of the Ordinance in its entirety. 3/3/82 Page 2 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 3. Public Hearing - Continued. development standards in the PCM Planned Community and Light Indust- rial Zone District. Staff Report 3/3/82 recommending: l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Approve Nega- tive Declaration No. 353; 4) Motion to waive further reading of the Ordinance; 5) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE ADDING SECTIONS 20.66.045 AND 20.66.090 AND AMEND- ING CHAPTER 20.66 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS 4.41, 4.44 AND 4.47 OF ORDINANCE NO. 353, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO," AS AMENDED BY ORDINANCE 518 AND 546 COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela stated that the proposed Ordinance would make changes in the PCM zones related to the uses permitted, and certain requirements regarding setbacks and wall requirements in the installation of a wall adjacent to residential zones. Mayor Nicolopulos declared the Public Hearing open and invited those wishing to speak in favor of the amendment to step to the podium. Thomas Hefrin, 107 Fir Avenue, commented that he felt that the proposed Ordinance if passed in its present state would be compatible with the area. Vice Mayor Teglia asked if Mr. Hefrin was aware of the revisions which had been made to the proposed Ordinance after the February 11, 1982 Planning Commission meeting. Mr. Hefrin replied that he was not aware of any changes in the Ordinance. Director of Community Development Dell'Angela explained that Mr. Hefrin had been present at the Planning Commission meeting and commented on the two changes which had been addressed and indicated that these changes would not adversely affect the intent of the ordinance. Mr. Hefrin said that he was concerned with the deletion to exclude machine shops and furniture manufacturing. He stated that these uses would definitely not be comparable with the area. Di rector of Community Development Dell 'Angela responded that this matter had been discussed at the Planning Commission meeting but that these uses would be excluded. 3/3/82 Page 3 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 3. Public Hearing - Continued. COMMUNITY DEVELOPMENT Discussion followed concerning the maintenance of rear yards between residential and industrial properties. Irene Mann, 103 Fir Avenue, commented that the residents of Mayfair Village were in agreement with the proposed ordinance. Mayor Nicolopulos then invited those wishing to speak in opposition to the amendment to step to the dais. William G. Phoenix, Attorney at Law, 3060 Broadway, Redwood City, represent- ing Mr. Hoffman, owner of the property adjacent to the residence of Mrs. Mann and Mr. Hefrin. He stated that through some inadvertent action he had not re- ceived the full text of the proposed ordinance. He indicated that he had not received the provision addressing the requirement of a 7 foot high concrete block wall being constructed along any side or rear property line which separates a PCM zoned property from a residential zone. He said that Mr. Hoffman had received the full text. Director of Community Development Dell'Angela stated that Section 20.66.090 had been included in the proposed ordinanc~ which had been presented to the Planning Commissio~ and that copies had been sent to owners of property in PCM zones and owners of property in the Mayfair area. Mr. Hoffman, 117 Hilltop Drive, Redwood City, stated that he had received a copy of the proposed amendment, but had assumed that the copy which had been sent to his attorney had been the same as he had received. Mr. Phoenix explained that the reason he had not addressed the issue of the 7 foot concrete block wall at the Planning Commission was that he 3~Z'3/82 Page 4 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 3. Public Hearing - Continued. COMMUNITY DEVELOPMENT was not aware of the requirement at that time. He then requested that the hearing on this matter be con- tinued for two weeks in order ~Q give he and his client the opportunity to present evidence as to the effective- ness of the proposed wall and to offer an alternative solution if they were able to derive one. Vice Mayor Teglia said that it had been the City's practice when a Use Permit hearing was held which dealt ~'t.h a, property which was adjacent to a resldential neighborhood that the commercial activity was re- quired to have a solid block wall. She said that two specific cases were the Self Service Gas Station on E1 Camino and Orange Avenue and South City Ford Used car lot on Cypress and Miller. Director of Community Development Dell'Angela stated that the concrete wall was required for the following reasons: 1) To minimize noise; 2) To create a separation from the ad- joining property; 3) Permanence of a physical barrier. Discussion followed concerning the use of concrete block walls in other cities and as a common use in separating residential use from commercial. Further discussion followed relative to the height of fences which are in existence at present; the standards required by the City in the construct- ion of fences; cost for the construct- ion of the walls; the need for uni- fomity. Vice Mayor Teglia sta%ed that it was her belief that there was an ordinance presently in effect that stated that 6 feet was the maximum height for fences and stated that perhaps the proposed requirement should be adjusted to 6 feet. 3/3/82 Page 5 AGENDA A CT I O N T A K E N .:~':~ COMMUNITY DEVELOPMENT 3. Public Hearing - Continued. COMMUNICATIONS Letter from Growing Concern, dated 2/23/82, asking reconsideration of the denial of UP-81-602/519 Mayfair Avenue. COMMUNITY DEVELOPMENT Grace Hefrin, 107 Fir Avenue, spoke in favor of the proposed.:amendment, and indicated that there was a need for the 7 foot concrete wall in order to protect the residents from the intensity of the commercial area. Mrs. Peralta, 104 Fir Avenue, spoke in favor of the proposed amendment expressing concern over the noise from the woodshop adjacent to her property and stated that the wall would not buffer the sound. Consensus of Council to continue the Hearing to 3/17/82. COMMUNICATIONS Director of Community Development Dell'Angela stated that it was Staff's recommendation that the request for reconsideration of the denial of the Use Permit be denied based on the 3 findings contained in the Staff Report, He indicated that initially when the application for the Use Permit was presented to the Planning Commission and when the appeal had come before Council it was thought that the Zoning Ordinance stipulated certain con- ditions and that. this particular use was not a permitted use or subject to a use permit. He said that subsequent research had been done by the City Attorney and he clarified the issue, that an old ordinance that was thought to have been adopted in 1966 had only a certain period of effectiveness and that the original ordinance which allowed this particular use came back into effect. He said that one of the reasons given for denial of the GrowSng Concern application was a noncompliance with the Zoning Code. Those particular reasons were not appropriate at this timq yet it was Staff's opinion that there w~reother substantial reasons for denying the particular application: that there was sufficient puSlic testi- 3/3/82 Page 6 AGENDA ACTION TAKEN COMMUNICATIONS 9. Letter from Growing Concern - Cont. COMMUN I CAT IONS mony by adjoining property owners, and Staff and Planning Commission con- cerns. He commented that Staff had advised Growing Concern to vacate the premises by the 14th of March. Discussion followed relative to the effective dates given to Growing Concern to cease operation of their business and the removal of their machinery and material from the pre- mises. M/S Damonte/Addiego - To reaffirm the denial of the appeal. Carried by unanimous voice vote. Ross Locke, 712 Canton, Pacifica, spoke on behalf of the applicant, referring to an Inter-Office Memo from the City Attorney to the Director of Community development which stated "Therefore, Mr. Davis may, if he so desires, submit a request to the City Council to reconsider their action of February 3, 1982. Whether or not the City Council decides to recon- sider that action would necessarily involve not only the effect of this oversight in our zoning ordinances but all of the other factors they considered in the original decision. Therefore, if all of the other findings made by the Council are still valid, there is no need to reconsider the decision to deny the Use Permit. This is true even though the finding con- cerning the use permitted in the zone might be incorrect." He stated that when they had been informed that there had been a mistake in the zoning, they had felt it would be appropriate to find out what effect that had on Council's original decision to deny the Use Permit. City Attorney Rogers responded that "My memorandum spoke to the issue, even though there was a mistake, if you still held to your original findings about this particular use at that particular tocation there is 3/3/82 Page 7 AGENDA ACTION TAKEN COMMUNI CAT IONS 9. Letter from Growing Concern - Cont. COMMUNICATIONS no sense in reconsidering because you made a total of 7 findings. This issue about the ordinance only goes to 1 finding so you've got another 6 there -- there is no need to re- consider your decision, unless in the interim you've decided or tonight your deciding that the other findings aren't appropriate either, i.e., the use is appropriate there, that would be the only reason to reconsider." Mr. Locke reiterated his concern regarding the zoning error and indicated that it would be a reason- able request for Council to recon- sider the appeal at this time. City Attorney Rogers commented on the proposed zoning ordinance which addressed the issue under consideration. Mr. Locke then read a letter from Mr. Davis of Growing Concern to Director of Community Development Dell'Angela, dated February 23, 1982, which stated "As you know our company has been advised to cease operation by February 28, 1982, and has been allowed until March 14, 1982 to remove our machinery from the premises at 519 Mayfair Avenue. We are submitting a request to the City Council to re- consider their action of January 20, 1982 which denied our appeal for a use permit. Pending this request, we would request a two week extension for both dates so that we would be allowed to operate until March 14th, and have until March 30th to remove our machinery. Please be advised that we are in the process of purchasing a property in Sebastopol and at the close of escrow for that transaction originally scheduled for March 3rd, will now apparently be March 15th. In the event that our request for a use permit is again denied, we will have a place to move our machinery at that time. Enclosed please find a copy of a purchase offer for the Sebastopol property." 3/3/82 Page 8 AGENDA ACTION TAKEN COMMUNICATIONS 9. Letter from Growing Concern - Cont. COMMUNITY DEVELOPMENT Public Hearing - ZA-82-23/Zoning Amendment amending Section 20 of the Municipal Code and Section 6 of the Zoning Ordinance correcting certain typographical errors and omissions; eliminating certain discrepancies be- tween the Municipal Code and the California Government Code; and providing specific findings to be made relating to Variances. Staff Report 3/3/82 recommending: l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Approve Negative Dec- laration No. 354; 4) Motion to waive further reading of the COMMUNICATIONS Vice Mayor Teglia stated that it was not unreasonable to give an extension of time to move the equipment, however, she felt that it was unreasonable to re- quest an extension of operation hours. Mr. Locke further read from the letter, "Mr. Dell'Angela, please bear in mind that we are fighting to survive as a company in todays difficult economic climate and your cooperation in this matter will be important in preserving many jobs. Your consideration is as always sincerely appreciated." An in-depth discussion followed con- cerning the amount of time needed to relocate the machinery; the employment of personnel; etc. Consensus of Council to cease the operation 2/28/82 and to extend for two weeks the moving date. M/S Teglia/Addiego - To reaffirm the 3 findings which remain standing. Carried by unanimous voice vote. COMMUNITY DEVELOPMENT City Clerk Battaya read the title of the Ordinance in its entirety. 3/3/82 Page 9 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 4. Public Hearing - Continued Staff Report - Continued. Ordinance; 2) Motion to intro- duce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 20.80 OF THE SOUTH SAN FRANCISCO MUNICI- PAL CODE AND SECTION 6 OF ORDINANCE 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF TIlE CITY OF SOUTH SAN FRANCISCO" o Staff Report 3/3/82 recommending adoption of an Ordinance which amends Ordinance 710 which establishes the Planning Commission and changes elections from May to January and corrects the meeting day from Tuesday to Thursday: l) Motion to waive further reading of the Ordinance; 2) Motion to pass and adopt the Ordinance. COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela stated that the proposed ordinance would bring the City's current zoning ordinance into compliance with the general statutes. He said that the ordinance addressed specific findings which should be made in relation to variances; updated the notice procedure for public hearings concerning appeals; evidence of findings. Mayor Nicolopulos declared the Public Hearing open and invited those wishing to speak in favor of the amendment to step to the dais -- no one chose to speak. Mayor Nicolouplos then invited those wishing to speak in opposition to the amendment to step to the dais -- no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed. M/S Damonte/Acosta - To approve Negative Declaration No. 354. Carried by unanimous voice vote. M/S Damonte/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Acosta - To introduce the Ordinance. Carried by unanimous voice vote. City Clerk Battaya read the title of the Ordinance in its entirety. 3/3/82 Page 10 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 5. Staff Report 3/3/82 - Continued. 2nd Readi ng/Adopti on AN ORDINANCE AMENDING SECTION 2.56.040 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 3 OF ORDINANCE NO. 710 ENTITLED "AN ORDINANCE ESTABLISH- ING THE SOUTH SAN FRANCISCO PLANNING COMMISSION FINANCE 6. Staff Report 3/3/82 recommending by Motion to authorize the Director of Finance to seek proposals for the performance of the City's 1981-82 audi ts. PARKS AND RECREATION Staff Report 3/3/82 recommending by Motion to approve the Brentwood Park Renovation Project Master ?lan and authorize Staff to proceed with the development of the working drawings. RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT M/S Acosta/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Teglia - To pass and adopt the Ordinance. ORDINANCE NO. 892-82 Carried by unanimous voice vote. FINANCE M/S Teglia/Acosta - To authorize the Director of Finance to seek proposals for the performance of the City's 1981-82 audits. Carried by unanimous voice vote. PARKS AND RECREATION Director of Parks and Recreation Norton gave an in-depth background description of the project. He commented on the basic instructions given to the architect which were to redesign and update the play area retaining the same basic amenities; to redesign the existing restroom facility, to both increase its function and reduce vandalism; add site lighting; and improve the general landscape through topographic changes. He then introduced Mr. Ron Hodges of Singer & Hodges to give an update report. Mayor Nicolopulos declared a recess at 9:12 p.m. The meeting was recalled to order at 9:25 p.m., all Council present. Mr. Hodges explained that two alternative designs had been developed for the exist- ing park which retained the existing uses but was organized in a consolidated manner requiring less maintenance. He explained that the designs had been re- viewed with Staff and indicated the pre- ferable design stating that it removed 3/3/82 Page 11 AGENDA ACTION TAKEN PARKS AND RECREATION 7. Staff Report 3/3/82 - Continued. COMMUNICATIONS 8. A request by the South San Francisco High School Associated Student Body to waive all carnival fees for the school carnival to be held April 23, 24, and 25, 1982 on campus. . / ITEMS FROM STAFF 10. Discussion of the City's request to the County for HCDA funding for a feasibility study for Magnol ia Center. ~~ PARKS AND RECREATION the noisy feature of the basketball court away from the adjacent resi- dences. He then presented the Master Plan for Council's con- sideration giving a detailed des- cription of the proposal. An in-depth discussion followed concerning the lighting of the tennis court; cost of lighting; type of fencing materials proposed; maintenance level; and the projected type of landscaping. Councilman Addiego commented on the cost and location of the proposed picnic tables and requested that the tables be deleted from the plan. Discussion followed relevant to the rationale used to derive the need for picnic tables; traditional use of the park; the concept of a pic- nic area in the park; function of lighting for security purposes and visibility for play; lighting options; use of a time clock in operating the lighting system. M/S Damonte/Teglia - To approve the Brentwood Park Renovation Project Master Plan with the requirement that the picnic tables be taken out and that lights be added. Carried by unanimous voice vote. COMMUNICATIONS M/S Teglia/Damonte - To waive the carnival fees. Carried by unanimous voice vote. ITEMS FROM STAFF City Manager Birkelo explained that the Board of Supervisors would hear the matter of the request on March 16, 1982. lie stated Council had indicated a desire to appeal the Advisory 3/3/82 Page 12 AGENDA ACTION TAKEN ITEMS FROM STAFF 10. Discussion of HCDA funding for Magnolia Center - Continued. ITEMS FROM COUNCIL Vice Mayor Teglia: ITEMS FROM STAFF Committee's recommendation to the Board of Supervisors that the request for funding be denied. He said that informal contacts with the County had indicated that the possibility that the Board of Supervisors may consider an arrangement where the City and County would share the cost on a 50-50 basis. He then asked if Council would be willing to accept an offer from the Board of Supervisors for the 50-50 arrangement if it were made. Discussion followed concerning the use of the funds if received; cost of the proposed feasibility study; follow-up action if feasibility study favors the building of housing for senior citizens on the site; etc. Councilman Acosta expressed concern regarding the cost of the feasibility study and indicated that a commitment should be made by Council on what action or actions would be taken following the feasibility study. Discussion followed regarding the alternatives which would be available after the study. Director of Community Development Dell'Angela outlined the issues which would be addressed by the feasibility study. Council directed City Manager Birkelo to indicate an interest in the funding, if the full amount of funding is not available to enter into a sharing arrangement on a 50-50 basis. ITEMS FROM COUNCIL Presented reports on the following committees on which she serves: Airport Community Roundtable - Vice Mayor Teglia said that at the last 3/3/82 Page 13 AGENDA ACTION TAKEN ITEMS FROM COUNCIL ITEMS FROM COUNCIL meeting she had attended there had been discussion concerning the delineation of lights on San Bruno Mountain, she stated that the City's interest was in the matter of safety and noise enhancement point of view. She explained that the FAA had said that they would need a report that develops the concept, defines the problem, explains the project and indicates whether it would be cost effective. The Airport will submit this information to the FAA for an application for an amendment to an existing ADAP grant, then there would be a formal request for design work. She said that there were meetings taking place currently between ALPA, the County and the FAA to have that work done in-house. Vice Mayor Teglia further stated that a group of citizens had expressed concern regarding the recently approved hotel in Mi!lbrae. The citizens asked the Roundtable~to discuss the issue because of the noise impact and the safety issues~. She then quoted portions of a recent article in the newspaper regarding this issue. She commented that the Department of Transportation had agreed to undertake a SFO School Noise Insulation Feasibility Study Task and further indicated what the study would address. She spoke of the consideration of noise easements being viewed as possible alternatives by the schools. , North San Mateo County Center for the Arts - Vice Mayor Teglia said that a three year plan had been presented, 6lso that authorization had been given to hire a professional fund raising director, the Center had hired a professional advisor for the design competition and that the Executive Director Diane Streeter would be speaking at various service clubs in the North County area to make the business community and the citizens 3/3/82 Page 14 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilman Acosta: Councilman Damonte: Councilman Addiego: ITEMS FROM COUNCIL aware of what the Center hopes to be; that an ADHOC Committee had been formed consisting of citizens from the 7 north county cities. City School Liaison Conmlittee - Vice Mayor Teglia said that a report had been given in writing on February 9, 1982, regarding the Spruce Gym remodeling and indicated that this matter was in the hands of the School District. San Mateo County Regional Planning Committee - Vice Mayor Teglia commented on a request for a resolution concern- ing the Great California Resource Rally to be held April 19-25, 1982; TDA funds. Stated that there were meetings scheduled for the Criminal Justice Counsel for indepth discussion and research concerning the Mental Health Society's use of funds, etc. Visitors & Convention Bureau - Councilman Damonte said that there would be a meeting on 3/4/82 to discuss the elimination of caping the money which goes to the Bureau and reinstitute payment by percentage. Harbor District - Councilman Damonte commented that a meeting would be held March 15, 1982 and that the District had advised that security guards would not be armed; that the Rod and Gun Club's request for a years extension had been denied and indicated that the terms were month to month Civil Disaster Board - Councilman Damonte stated that he would like to hold the report on this Board and have the City Manager, Director of Public Services, Capt. McKeon and himself get together and give an in-depth report on the seminar in San Luis Obispo. South San Francisco Housing Authority - Stated that the Housing Authority 3/3/82 Page 15 AGENDA ACTION TAKEN ITEMS FROM COUNCIL ITEMS FROM COUNCIL at their meeting of 1/11/82 had awarded a contract for additional aluminum address signs to assist emergency vehicles re- sponding to the area and that at the Board's last meeting of 2/8/82 the major topic of discussion had been the sub- mission of the budget to HUD. Counc i lman Damonte: Requested that the Housing Authority Board members be restricted to a two year term limit. Consensus of Council that the City Attorney prepare an ordinance to bring the terms of office for the Housing Authority members into compliance with other Boards and Commissions. GOOD AND WELFARE GOOD AND WELFARE No one chose to speak. CLOSED SESSION: Council adjourned to a Closed Session at 10:35 p.m. RECALL TO ORDER: The meeting was recalled to order at 10:55 p.m., all Council present, no action taken. M/S Addiego/Damonte - That the meeting be adjourned. Carried by unanimous voice vote. ADJOURNMENT: The meeting was adjourned at 10:56 p.m. RESPECTFULLY SUBMITTED, APPROVED: ~~~~t ~~~Sa n Franli sco '~ara A. Batt~e~k ~'Gus NicolopUlos, May~ City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the office of the City Clerk and are available for inspection, review and copying. 3/3/82 Page 16