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