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HomeMy WebLinkAboutMinutes 1983-05-11Mayor Mark N. Addiego Vice Mayor Emanuele N. Damonte Council: Ronald G. Acosta Gus Nicolopulos Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room May 11, 1983 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Joint Meeting with the South San Francisco Surplus Property Authority on Wednesday, May 11, 1983, at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco Purpose of the meeting: Staff Report 5/11/83 recommending adoption of the following Resolutions for the organization of the South San Francisco Surplus Property Authority: RESOLUTION NO. SPA-1-83 A RESOLUTION ORGANIZING THE SOUTH SAN FRANCISCO SURPLUS PROPERTY AUTHORITY AND PROVIDING RULES FOR SAID AUTHORITY'S OPERATION RESOLUTION SPA-2-83 A RESOLUTION AUTHORIZING AN "OFFER TO PURCHASE" REAL PROPERTY BELONGING TO THE UNITED STATES OF AMERICA AND AUTHORIZING CERTAIN ACTS IN CONNECTION WITH SAID PURCHASE RESOLUTION SPA-3-83 A RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE SURPLUS PROPERTY AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO FOR THE LAST QUARTER OF FISCAL YEAR 1982-83 AND FISCAL YEAR 1983-84 A RESOLUTION APPROPRIATING FUNDS FROM THE UNALLOCATED RESERVE OF THE CITY OF SOUTH SAN FRANCISCO TO THE SURPLUS PROPERTY AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO Mark N. Addfego, Pres~ent Surplus Property Authority AGENDA SPECIAL MEETING CALL TO ORDER: (Cassette 1) ACTION TAKEN SPECIAL MEETING 6:27 p.m. Mayor Addiego presiding. Council present: Acosta, Damonte Nicolopulos, Teglia and Addiego. 5/11/83 Page 1 A G E N D A A C T I O N T A K E N ~1~ SURPLUS PROPERTY AUTHORITY ACTION: PLEDGE OF ALLEGIANCE Staff Report 5/11/83 recommending adoption of the following Reso- lutions for the organization of the South San Francisco Surplus Property authority. RESOLUTION NO. SPA-1-83 A RESOLUTION ORGANIZING THE SOUTH SAN FRANCISCO SURPLUS PROPERTY AUTHORITY AND PROVIDING RULES FOR SAID AUTHORITY'S OPERATION RESOLUTION SPA-2-83 A RESOLUTION AUTHORIZING AN "OFFER TO PURCHASE" REAL PROPERTY BELONGING TO THE UNITED STATES OF AMERICA AND AUTHORIZING CERTAIN ACTS IN CONNECTION WITH SAID PURCHASE RESOLUTION SPA-3-83 A RESOLUTION APPROVING AND ADOPT- ING A BUDGET FOR THE SURPLUS PROPERTY AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO FOR THE LAST QUARTER OF FISCAL YEAR 1982-83 AND FISCAL YEAR 1983-84 Council absent: None Commissioners present: Commissioners absent: Acosta, Damonte Niclopulos, Teglia and Addiego; None, Commissioner Acosta noted that the By- Laws did not have a provision for a Vice President to serve in the absence of the President. City Manager Birkelo stated that if that happened Mr. Damonte would conduct the meeting as Vice President. Recited. City Clerk Battaya gave the oath of office to the five Surplus Property Commissioners. M/S Damonte/Acosta - To adopt the Resolution for the organization. RESOLUTION NO. SPA-1-83 Carried by unanimous voice vote. City Clerk Battaya gave the oath of office to the City Manager and the Director of Finance and stated that the City Attorney, City Treasurer and the City Engineer would be given the oath of office at a later date. President Addiego gave the oath of office to Clerk Barbara A. Battaya. M/S Teglia/Nicolopulos- To adopt the Resolution "Offer to Purchase." RESOLUTION NO. SPA-2-83 Carried by unanimous voice vote. M/S Damonte/Teglia - To adopt the Resolution for the recommended budget. RESOLUTION NO. SPA-3-83 Carried by unanimous voice vote. 5/11/83 Page 2 AGENDA ACTION TAKEN 1. Staff Report - Continued. CITY COUNCIL ACTION: 1. Staff Report 5/11/83 recommending adoption of a Resolution to approve the transfer of funds. ADJOURNMENT RESPECTFULLY SUBMITTED, M/S Acosta/Teglia - To adopt the Resolution for the transfer of funds. RESOLUTION NO. 65-83 Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment 6:40 p.m. APPROVED: Barbara A. Battaya, City C}~k City of South San Francisco Ma . , 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 presentations, 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, 5/11/83 Page 3 Mayor Mark N. Addiego Vice Mayor Eman~eleN. Damonte Council: Ronald G. Acosta Gus Nicolopulos Roberta Cerri Teglia AGENDA ADJOURNED REGULAR MEETING PLEDGE OF ALLEGIANCE CALL TO ORDER: AGENDA REVIEW City Manager Birkelo requested: - Consideration of a Resolution regarding Dolores Hidalgo. - Closed Session at the end of the meeting for a report on property negotiations. ORAL COMMUNICATIONS A RESOLUTION ESTABLISHING AN OFFICIAL BOND OF FRIENDSHIP BETWEEN THE CITIES OF SOUTH SAN FRANCISCO AND DOLORES HIDALGO "HERMANOS AMERICANOS" /"~ Continued Public Hearing - General Plan Amendment GP-82-2 - Land Use, Circulation and Transportation Elements. MINUTES CITY COUNCIL Municipal Services Building Community Room May 11, 1983 ACTION TAKEN ADJOURNED REGULAR MEETING Reci ted. 7:05 p.m. Mayor Addiego presiding. Council present: Nicolopulos, Teglia, Damonte, Acosta and Addiego. None. Council absent: AGENDA'REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. Mayor Addiego read the Resolution. M/S Teglia/Damonte - To adopt the Resolution. RESOLUTION NO. 66-83 Carried by unanimous roll call vote. Tom Adams, Esq., representing Mr. Tom Callan, Jr., stated that a 10 acre parcel )/6cated right off of Skyline Boulevard on Westborough Boulevard when annexed to the City in 1964 had been zoned R-3, he stated that the parcel under discussion was Parcel "G". He stated that every map which was produced at the time the property was annexed showed that the property owned by Thomas Callan, Jr. and Michael Callan was zoned R-3. He ~explained that at the time of the '5/11/83 Page i AGENDA Continued Public Hearing - General Plan Amendment. ACTION TAKEN dedication, Caesar Callan Homes dedicated a 15 acre parcel of land for a park in order to complete the annexation. He stated that when the property had been zoned R-3 it was not in conformance with the County's General Plan. He exp!~ained that when the City adopted their General Plan in 1970 the property had been zoned R-1 and had remained as s~uOh. Councilwoman Teglia asked when reference~ was made to the R-3 zoning when the land was annexed~ was that designation placed on the land by the County or the City. Mr. Adams stated that the R-3 zoning had been placed on the land by the County, and indicated that · according to the information he had received the City had accepted the zoning. Councilwoman Teglia asked "in 1970 When the General Plan was in fact .adopted and a designation of R-1 was placed over this area, at that 'time, I am presuming that we or whatever rules of the State of Cali:fornia that were in effect governing whatever requirements there were for hearings and due process were in fact followed. And that out of that process came a document and policy of the City for that area, that became an official document. I wish you could explain to me why it is that the owners of the propeP, ty felt that some other agreement was going to supercede that official declaration and document, and I would like to see what those documents are at some point." Mr. Adams stated that his client Mr. Tom Callan, Jr., had indicated that he was never notified of the hearings held in 1970 concerning the General Plan. He stated that this was the · first opportunity his client had been able to address the issue of the zoning of Parcel G. 5/11/83 Page 2 AGENDA Continued Public Hearing - General Plan Amendment. ACTION TAKEN Councilwoman Teglia inquired why a period of 18 years had passed before the matter of the rezoning had been brought to the attention of the City if there had been an error made con- cerning the zoning and why there had not been a request for consideration of rezoning. Mr. Adams stated that Mr. Tom Callan, Jr., had felt that the appropriate time to address the issue of rezoning would be when the General Plan was being reviewed. He stated that he was asking on behalf of Mr. Callan that the Planning Commission would be allowed to hear and that the City Council be open minded to a rezoning of Parcel G to R'3 to show its highest and best use. Discussion followed concerning the earthquake fault located within the 10 acre parcel of land and the need to evaluate the particular problems on that site and the determination of what is a safe distance to setback from the fault line and what other standards were needed to apply to the area. Further discussion followed concerning the density Situation in the area; the ability of the applicant to cluster units in this particular area; concerns regarding the geological stability of the area, etc. Councilwoman Tegli a asked i f the City Council would be prejudicing itself by listening to the presentation of plans for an R-3 zoning at this time. Assistant City Attorney Katz stated that since this was a Public Hearing, Mr. Adams had the opportunity to voice his opinion about his clients concern about property that was going to be affected by the General Plan. She suggested that Council not make any decisions on the immediate changing of the zoning or density of the area, and advised that if changes were to be made that there may be consideration of a supplemental environmental impact report. 5/11/83 Page 3 AGENDA ACTION TAKEN Continued Public Hearing - General P1 an Amendment. Director of Community Development Dell'Angela stated that the low density residential classification recommended by the Planning Commission would allow 8 units to be built per acre on Mr. Callan's property, and indicated the possibility of develop- ing 40 to 41 units on the site in a cluster development and explained that there was not a one unit per acre type of restriction on the property. Mr. Adams stated that he had received a letter from City Attorney Rogers regarding a parcel of land owned by Mr. Tom Callan, Jr., located on Westborough Bouleva. rd. He explained that there was a problem concerning the possible restriction of access to Westborough Boulevard and indicated that if the access was re~.tricted that it would not have any usable access for commercial purposes. He stated that if the recommendation to restrict the access was turned into an Ordinance, there would be no further access to Westborough Boulevard from his client's property. He stated that if the Ordinance was adopted it would be a restriction to access which could possibly lead to an inverse condemnation case. He stated that technically there was a possibility of getting through on Gellert Boulevard but that it was not the most usable course, Mr. Adams requested that the restriction of access to Westborough Boulevard not become a policy of the City. Mr. Michael Callan, 82 Isabella Avenue, Atherton, stated that the original annexation agreement made with the City had included the R-3 zoning which had been previously received from the County. He spoke of prior grading on the property under discussion, earthquake conditions, etc. Mr. Callan commented on the meetings which had been held with members of the City's Staff, Planning Commission and the City Council concerning the number of units to built on the 10 acre parcel. He spoke of the current 5/11/83 Page 4 AGENDA 1. Continued Public Hearing - General P1 an Amendment. ACTION TAKEN market as related to the sale of homes and property. Mr. Charles Bona, 1131 Mission Road, expressed concern regardint the traffic circulation in the area of Westborough Boulevard, Chestnut Avenue, Mission Road and E1 Camino Real. He expressed support for P~)licies No. 82 and '83 as they stood in the Land Use Circulation part of the General Plan and requested that as per Policy No. 83 the circulation be monitored in the area of Westborough Boulevard, Chestnut Avenue, Mission Road and E1 Camino Real. David P. Uccelli, Atttorney at Law, 520 E1 Camino Real, San Mateo, Stated that he was representing Oak Farms, Inc., and Mr. Lawrence Varni who were the owners of real property located on the southerly portion of Oak Avenue near the County's facilities located on Mission Road. He commented on the zoning of the property in the area which was C-O, which allowed for commercial, professional Qffice use and multi-family residential dwellings. He stated that',',the proposed plan had the area zoned medium density for residential. He indicated that the area seemed a natural for develop- ing professional office space which could be used for lawyers, accountants, etc., which would be compatible with the existing professional use in the area. Discussion followed concerning the possible future connection of (l~k and E1 Camino Real, extension of Hickey Boulevard; basis of medium density proposal on Oak Street; and the zoning designation of the surrounding property. Councilwoman Tegl i a expressed concern that once the property was zoned C-O that apartments c~uld be built in the area, and requested that once the area was zoned, that the City keep to the zoning designation. 5/11/83 Page 5 AG E N D A A CT I O N TA KE N ~L 1. Continued Public Hearing - General P1 an Amendment. RECESS: /~~ RECALL TO ORDER: An in-depth discussion followed concerning the current zoning of the area and the available alternatives with respect to zoning. Mayor Addiego declared a recess at 8:35 p.m. Th~ meeting was recalled to order at.8:48 p.m., all Council present. Mrs. Joy Ann Wendler, 321 Granada Drive, urged Council to approve Policies No. 28, 29, 89 and 90 of the pmoposed General Plan regamding the use of abandoned schools and requested that the commercial aspect not be mixed with the residential community when considering possible uses. James W. Basin, Attorney at Law, 148 Huntington Avenue, representing McDonald's Restaurants, requested modifications to Policies 32 and 1-10 regarding fast food restaurants. Tom Vlasic, Attorney at Law, 3240 Alpine Road, P!ortola Valley, representing Mr. Michael Callan, stated that it had been his client's understanding at the conclusion of their presentation at the City Council meeting of April 13, 1983, that Mayor Teglia had directed the Planning Director and City Attorney to respond in writing to the planning and~legal issues raised by .his client at that time. He stated that he had received no response from Mayor Teglia's direction and commented on the importance of a timely response to the issues. He requested that a written response be submitted by the City within two weeks and indicated that a longer period of time would be a deterrant not only to Mr. Callan but to the actions before the Planning Commission concerning Mr. Callan's application,~ Mayor Addiego indicated that there was an Inter-Office Memorandum dated My 3, 1983, concerning West Park 1 and 2 from the City Attorney to the City Council and indicated that perhaps the document could be released 5/11/83 Palge 6 AGENDA Continued Public Hearing - General P1 an Amendment. ACTION TAKEN to Mr. Vlasic. AsSistant City Attorney Katz stated "documents that might be entered into evidence in a public hearing, certainly would be open to the public for their use if they were so inclined to get copies of them, but if we are going to be looking at potential litigation concerning this matter- Inter-Office Memorandum that might in any way be considered protected by the attorneys work product privilege or part of the attorney-client relationship that might be in its appearance a simple Inber-Office Memorandum may not be subject to disclosure at this time." In-depth discussion followed as to the advisability of releasing certain documents at this time. Mr. Vlasic stated that there was no need for his client to respond to the City.'s view in this regard, unless~'informab~)on which had been requested was made available. Discussion followed concerning the list of documents which Mr. Callan had presented to the City for response, etc. Director of Community Development Dell'Angela stated that he had prepared the info'rmation requested of his Office for Council's review and indicated if it was Council's .wish he would make the material available to Mr. Vlasic. Mayor Addiego stated that since the information prepared by Director of Community Development Dell'Angela had been presented to Council during the Public Hearing, it was public information and a copy should be given to Mr. Vlasic. He stated that further information from the City Attorney's Office would be made available upon input from City Attorney Rogers on this matter. Mr. Vlasic expressed concern regarding 5/11/83 Page 7 AGENDA ContinUed Public Heaning - General Plan Amendment. ACTION TAKEN 223 ithe San Andreas fault lines running :through the City. 'He stated that this issue should be given further consideration within the City's General Plan. City Manager Birkelo stated that ~the City had a seismic element to the General Plan, and indicated that the City could not take'.~on the responsibility for doing individual site geological work on individual parcels. iMr. Michael Callan presented photos ~of the common green areas within the iWest Park area. He spoke of the .net versus the gross area of density in the area and the land which had ibeen dedicated to the City for open .space in the West Park area.and had been turned over to Skyline Village. 'He presented pictures of the developed .area of Skyline Village. iMayor Addiego stated that the accusation made by Mr. Callan t~hat the City had sold the property which he had dedicated for open .space are in West Park-was a separate issue. Mayor Addiego irequested that Staff 10ok into .the matter. iCity Manager Birkelo stated that the matter would be investigated 'and a report made available for 'Council. Mr. Callan spoke concerning the original concept for the West Park in regard to density, housing and population. Chief of Police Datzman stated that the Police Department agreed with P61icy 50 of the p~oposed General Plan in regard to cardrooms. He stated that it was the desire of the Police Department that i~he cardrooms be phased out, and emphasized that this desire ,had nothing to do with either the ~cha~acter or the reputation of the cardroom operators. He spoke in 5/11/83 Page 8 AGENDA continued pUblic Hearing - General Plan Amendment GP-82-2. ITEMS FROM STAFF ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION RECALL TO ORDER: ACTION TAKEN regard to.the associated problems with cardroom activities; cities which had phased out cardroom operations; related criminal activities; etc. Chief of Police Datzman stated, "I cannet i)n the best interest of the entire community recommendthat we encourage the continuation and expansion of community cardrooms for the future." Discussion followed concerning the expansion of cardrooms within the Cit'y; the need to examine the possible effects if expansion was to come to pass; and the questionable need for an Ordinance to control the operation of cardrooms within the City as they currently exist. Mr. Ron Beale, 1329 "H" Street, Sacramento, requested that he be allowed to speak concerning the General Plan's policies re- garding signs whenhthe City Council would again~convene to discuss the General Plan. Mayor Addiego indicated that Council would meet on June 22, 2983, at 7:00 p.m., to continue the dis- cuss the General Plan. ITEMS FROM STAFF ITEMS FROM COUNCIL GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:05 p.m. for the discussion of property negotiations. The meeting was recalled to ~rder at 10:27 p.m., all Council present, no actiOn taken. M/S Acosta/Teglia - That the meeting be adjourned. 5/11/83 Pa.ge.9~ AGENDA ACTION TAKEN ADJOURNMENT: RESPECTFULLY SUBMITTED, B~arbara A. Batta~a, City Clerk City of South San Francisco Carried by unanimous voice vote. The meeting was adjourned at 10:29 p.m. APPROVED: City of South San Franc~co 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 available for inspection, review and copying. 5/11/83 Page 10