HomeMy WebLinkAboutMinutes 1984-03-14Mayor Mark N. Addiego
Vice Mayor Richard A. Haffey
Council:
Emanuele N. Damonte
Gus Nicolopul os
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
March 14, 1984
300
AGENDA
ACTION TAKEN
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
Irish Republic Flag
AGENDA REVIEW
City Manager Birkelo Requested:
- That the Public Hearing on Item 20
be opened and the matter be con-
tinued to 3/28/84.
- Add Item 28A, a request
for Council support of the County
Youth Employment Program.
- Add Item 28B, a request by the Chamber
of Commerce for appropriation for new
maps.
7:42 p.m. Mayor Addiego presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Damonte, Teglia and.
Addiego.
None.
Recited.
Reverend Jue of St. Paul's United
Methodist Church gave the invocation.
PRESENTATIONS
Members of the Irish American Committee
presented the Irish Republic Flag to be
flown from the balcony at City Hall to
the City Council and invited the City
Council to attend a luncheon at 1:00 p.m.
on Friday, March 16, 1984, at the
Leaning Tower.
Lieutenant Mark Raffaelli of the South
San Francisco Police Department intro-
duced new Police Officers Nora Fasshauer,
Daniel Wright, and Gregory Hart, and
Police Service Technicians Mark Saunders
and Tom Moehler.
Battalion Chief Pat O'Brien of the South
San Francisco Fire Department introduced
new firefighters Gary Kibbee and Allyn
Lee, the first woman firefighter to join
the Department.
AGENDA REVIEW
3/14/84
Page i
AGENDA ACTION TAKEN 201
AGENDA REVIEW
City Manager Requests continued:
- Add Item 28C, Plans for Council/
Manager workshop on 3/23/84 and
3/24/84.
Mayor Addiego Requested:
- That Item 28 under Items from
Staff be heard after the Consent
Calendar.
Councilwoman Teglia Requested:
- That Item 31 be struck and replaced
by a discussion of setting a meeting
date with Council, Planning
Commission and Parking Place
Commission.
- Add Item 32A, discussion of City
meeting with Supervisor Speier re:
grading to stabilize South Slope
of San Bruno Mountain.
- Add Item 32B, report on tour of
Syufy Theaters.
- Add Item 32C, report on meeting
with John Feifer of the FAA re:
facilitating negotiations on
Airport noise easement.
- Add Item 32D, discussion of
elected officials advisory
committee.
Vice Mayor Haffey Requested:
- Add Item 32E, report on subcommittee
meeting with School District.
Councilman Nicolopulos Requested:
- Add under Community Forum, the dis
cussion of painting curbs and
crosswalks.
ORAL COMMUNICATIONS
AGENDA REVIEW
So ordered.
So ordered.
So ordered.
So ordered.
So ordered.
ORAL COMMUNICATIONS
Mr. Lawrence Pera, 758 Baden Avenue,
stated that he had called Councilwoman
Teglia and her husband said she was at
City Hall in a meeting. He stated
that he went to the meeting and that
the Police Department came after him.
He stated that he did not understand
the criteria for fixing sidewalks,
sewers, parking and felt there were some
3/14/84
Page 2
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Regular Meeting of
2/8/84; Special Meeting of 2/11/84;
Adjourned Special Meeting of
2/13/84, Adjourned Regular Meeting
of 2/15/84, Regular Meeting of
2/22/84 and the Adjourned Regular
Meeting of 2/27/84.
Staff Report 3/14/84 recommending
by Motion to deny and refer the
following claims to the City's
Insurance Adjuster and the Office
of the City Attorney:
a)
Claim as filed by Dwain and
E11 en McC1 oud al 1 egi ng damage
to her vehicle when struck by a
Police vehicle.
Claim as filed by Maryann
McGuirk alleging damage to her
vehicle due to failure by the
City to post notice of drain-
wells.
ORAL COMMUNICATIONS
individuals receiving privileges. He
spoke of the litter on the streets and
asked the City to take care of the
situation.
COMMUNITY FORUM
Councilwoman Teglia spoke of the post-
cards to be mailed to residents with a
telephone number to register complaints
about excessive aircraft noise in their
neighborhoods.
Councilman Nicolopulos requested that
direction be given to Staff to paint the
pedestrian crosswalks to make them more
visible to motorists to prevent
accidents.
Mayor Addiego suggested the item be agen-
dized and requested it be added as 32F.
CONSENT CALENDAR
Approved.
Removed from Consent Calendar for
discussion by Vice Mayor Haffey.
3/14/84
Page 3
AGENDA
CONSENT CALENDAR
e
Staff Report 3/14/84 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bi ds for
the Buri Buri Park Lighting
Project.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR BURI BURI
PARK LIGHTING PROJECT
Staff Report 3/14/84 recommending
adoption of a Resolution rejecting
offer received and authorizing
Purchasing Officer to dispose of
real property located 822 West
Orange Avenue.
A RESOLUTION TO REJECT OFFER
RECEIVED AND TO DISPOSE OF REAL
PROPERTY BY SALE (822 WEST ORANGE
AVENUE)
Staff Report 3/14/84 recommending
by Motion to set 4/11/84 as a
Public Hearing to consider an
Ordinance amending Section 20.66
of the Municipal Code, theater use
in P-C-M Zoning Districts.
Staff Report 3/14/84 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bi ds for
the Alta Loma Sewer Replacement
Project No. SS-83-5.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE ALTA
LOMA SEWER REPLACEMENT PROJECT NO.
SS-83-5
Staff Report 3/14/84 recommending
adoption of a Resolution of
Intention to vacate a 10' public
utility easement within Lot 11,
Block 16, Rancho Buri Buri No. 1
Subdivision (209 Indio Drive).
ACTION TAKEN
2O3
CONSENT CALENDAR
RESOLUTION NO. 24-84
Removed from Consent Calendar for
discussion by Councilman Nicolopulos.
Removed from Consent Calendar for
discussion by Councilwoman Teglia.
RESOLUTION NO. 25-84
3/14/84
Page 4
AGENDA ACTION TAKEN
CONSENT CALENDAR
7. Staff Report 3/14/84 - Continued.
A RESOLUTION OF INTENTION TO VACATE
A PUBLIC UTILITY EASEMENT WITHIN
THE RANCHO BURI BURI SUBDIVISION
Staff Report 3/14/84 recommending
adoption of a Resolution accepting
sanitary sewer easements as offered
for dedication on Parcel Map No.
PM-82-200 (Lands of Yamas).
A RESOLUTION ACCEPTING DEDICATION
FOR SANITARY SEWER PURPOSES
(PM-82-200 - LANDS OF YAMAS AND
SOUTHERN PACIFIC TRANSPORTATION
CO., #1 LINDEN AVENUE)
Staff Report 3/14/84 recommending
adoption of a Resolution author-
izing execution of an Amendment to
the Agreement between the City and
Wilsey & Ham for professional engi-
neering services for the Gateway
Assessment District No. ST-82-2.
A RESOLUTION AUTHORIZING EXECUTION
OF AMENDMENT TO AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES
FOR GATEWAY ASSESSMENT DISTRICT
ST-80-2
10.
Staff Report 3/14/84 recommending
by Motion to authorize the
Purchasing Officer to advertise
for bids for two new traffic
controllers for the intersections
of Hillside Boulevard and Linden
Avenue and Miller and Spruce
Avenues, Project No. TR-83-1.
11.
Staff Report 3/14/84 recommending
adoption of a Resolution awarding
the contract for the demolition and
disposal of the existing structure
at 2310 Olympic Dr., Project No.
PB-83-3A.
A RESOLUTION OF AWARD OF CONTRACT
DEMOLITION AND DISPOSAL OF EXISTING
STRUCTURE AT 2310 OLYMPIC DRIVE -
PROJECT NO. PB-83-3A
CONSENT CALENDAR
RESOLUTION NO. 26-84
RESOLUTION NO. 27-84
Approved.
RESOLUTION NO. 28-84
3/14/84
Page 5
AGENDA ACTION TAKEN 205
CONSENT CALENDAR
12.
Staff Report 3/14/84 recommending
adoption of a Resolution author-
izing the City Manager to apply for
Office of Traffic Safety Grant
for Signal Phasing and Timing
Optimization Project.
A RESOLUTION AUTHORIZING EXECUTION
OF A TRAFFIC SAFETY PROJECT AGREE-
MENT WITH THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY
13.
Staff Report 3/14/84 recommending
adoption of a Resolution to approve
plans and specifications and
authorization to go to bid for the
Brentwood Parking Lot Project No.
PB-81-4.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
BRENTWOOD OFF-STREET PARKING MAIN-
TENANCE ASSESSMENT DISTRICT -
BRENTWOOD PARKING LOT RENOVATION
PROJECT NO. PB-81-4
e
Staff Report 3/14/84 recommending
by Motion to deny and refer the
following claims to the City's
Insurance Adjuster and the Office
of the City Attorney:
a)
Claim as filed by Dwain and
E11 en McC1 oud al 1 egi ng damage
to her vehicle when struck by a
Police vehicle.
b)
Claim as filed by Maryann
McGuirk all eging damage to her
vehicle due to failure by the
City to post notice of drain-
wel 1 s.
CONSENT CALENDAR
RESOLUTION NO. 29-84
RESOLUTION NO. 30-84
M/S Damonte/Haffey - To approve the
Consent Calendar with the exception of
Items No. 2, 4, 5 and 7.
Carried by unanimous voice vote.
Vice Mayor Haffey requested and explana-
tion of "deny and refer."
City Attorney Rogers explained that City
Clerk Battaya sends a form to the
claimant indicating that there is 6
months to file a claim in Small Claims
Court or after 45 days a claim can be
denied by action of law or if parties are
still negotiating.
Vice Mayor Haffey stated that Ms. McGuirk
had not received a notice.
City Attorney Rogers stated that a notice
cannot be sent until after action
by Council.
3/14/84
Page 6
AGENDA ACTION TAKEN
CONSENT CALENDAR
2. Staff Report 3/14/84 - continued.
Staff Report 3/14/84 recommending
adoption of a Resolution rejecting
the only offer received and authoriz-
ing Purchasing Officer to dispose of
real property located 822 West
Orange Avenue.
A RESOLUTION TO REJECT OFFER
RECEIVED AND TO DISPOSE OF REAL
PROPERTY BY SALE (822 WEST ORANGE
AVENUE)
Staff Report 3/14/84 recommending
by Motion to set 4/11/84 as a
Public Hearing to consider an
Ordinance amending Section 20.66
of the Municipal Code, which allows
theater use in P-C-M Zoning Districts.
CONSENT CALENDAR
M/S Teglia/Damonte - To deny and refer
the claims to the City's Insurance
Adjuster and to the Office of the City
Attorney.
Carried by unanimous voice vote.
Councilman Nicolopulos commended the
diligence of Staff on work done on the
property and asked if the house must be
sold.
Mayor Addiego requested that the City
Attorney look into contracting an outside
individual to more forcefully market the
property.
City Attorney Rogers stated that with an
exclusive contract there was the possibi-
lity of the City losing 6%.
M/S Haffey/Nicolopulos - To adopt the
Resol uti on.
RESOLUTION NO. 31-84
Carried by unanimous voice vote.
Councilwoman Teglia requested that the
matter of the Public Hearing be handled
as a Use Permit.
Director of Community Development
Dell'Angela stated that the action asked
for was 20.66.30 and 20.66.50 of the Use
Permit process.
Discussion followed on the Planning
Commission's knowledge of the proposed
public hearing, theater uses, etc.
M/S Teglia/Haffey - To set a Public
Hearing for 4/11/84.
Councilman Damonte stated that he would
not be in town for the meeting of
4/11/84.
Carried by unanimous voice vote.
3/14/84
Page 7
AGENDA ACTION TAKEN 307
CONSENT CALENDAR
Staff Report 3/14/84 recommending
adoption of a Resolution of
Intention to vacate a 10' public
utility easement within Lot 11,
Block 16, Rancho Buri Burl No. 1
Subdivision (209 Indio Drive), which
sets a Public Hearing on 4/11/84.
A RESOLUTION OF INTENTION TO VACATE
A PUBLIC UTILITY EASEMENT WITHIN
THE RANCHO BURI BURI SUBDIVISION
ITEMS FROM STAFF
13a. Recommendation from the Youth
Advisory Board to give $700 to the
South San Francisco High School~c)O!
Symphonies Band for a national ;Y'
program. ~
APPROVAL OF BILLS
14.
Approval of the Regular Bills of
3/14/84.
CITY MANAGER
15.
Staff Report 3/14/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce the Ordinance providing
for an Industrial Development
Authority;
1st Reading/Introduction
AN ORDINANCE ADDING SECTION 2.18.030
TO THE SOUTH SAN FRANCISCO MUNICIPAL
CODE PROVIDING FOR AN INDUSTRIAL
DEVELOPMENT AUTHORITY
CONSENT CALENDAR
Councilman Nicolopulos asked if the City
was saying that the easement was no
longer valid.
Director of Public Services Yee said that
the requested action would only set the
date for consideration of the abandon-
ment to allow building on the lot to
enlarge the house. He explained that the
utility company stated that there was no
longer a need for this easement.
M/S Nicolopulos/Haffey - To adopt the
Resol uti on.
RESOLUTION NO. 32-84
Carried by unanimous voice vote.
ITEMS FROM STAFF
M/S Teglia/Nicolopulos - To approve
$700.00 plus funds for books to be pre-
sented in Canada.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Teglia/Damonte - To approve the regu-
lar bills of 3/14/84 in the amount of
$1,092,592.86
Carried by unanimous voice vote. Mayor
Addiego did not participate or vote in
the matter of the claim of Brentwood
Market.
CITY MANAGER
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Haf~ey - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
3/14/84
Page 8
AGENDA ACTION TAKEN
CITY MANAGER
15. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
16.
Staff Report 3/14/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance on second
units.
2nd Reading/Adoption
AN ORDINANCE AMENDING SUBSECTION
20.18.030A6 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE ~)~
RECESS:
RECALL TO ORDER:
17.
Staff Report 3/14/84 recommending:
1) Brief arguments from City Staff
and the Applicant; 2) Hear public
comment; 3) Motion to revoke Use
Permit UP-83-646 Peninsula Auto
Center Inc. (Classic Van) for a
facility for sales and custom con-
version of automobile vans and
improvement of a parking lot at 105
Linden Avenue based on findings;
4) Direct City Clerk to prepare
minute order setting forth Council
action.
3O8
CITY MANAGER
M/S Teglia/Haffey - To introduce the
Ordinance.
City Manager Birkelo stated that there
was one application in the wings.
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Damonte - To adopt the
Ordinance.
ORDINANCE NO. 944-84
Carried by majority voice vote.
Councilman Nicolopulos voted no.
M~or Addiego declared a recess at 8:38
p.m.
The meeting was recalled to order at 9:02
p.m., all Council present.
Director of Community Development
Dell'Angela stated that on January 12,
1984 the Planning commission held an evi-
dentiary hearing and arguments regarding
a proposed revocation of UP-83-646. He
continued, after the hearing was
concluded the Planning Commission recom-
mended to the Council that said Use Permit
be revoked based on the four findings in
the Staff Report. He stated that the four
findings, the Use Permit violations, that
were presented to the Planning Commission
on the 12th dealt with the presence of
equipment at the premises which indicated
that a woodworking shop, contrary to the
Building Ordinance, was being conducted
on the premises; that the required parking
3/14/84
Page 9
AGENDA
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
ACTION TAKEN
3O9
COMMUNITY DEVELOPMENT
and landscaping plan was not submitted by
March 31, 1983 which was a violation of
Special Condition No. 2; the parking lot
on the premises was not repaved,
restriped, landscapped and irrigated by
January 5, 1983, which was a violation of
Condition No. 3; the rollup door located
on the corner of Commercial Avenue and
Linden was not removed nor was a new
access door and ramp provided by July 5,
1983 in violation of Special Condition
No. 4; and although some of the employees
are periodically parking in the alley
rather than the parking lot which relates
to Special Conditions No. 6 and 7. He
stated that the Planning Commission prior
to the decision of January 12, 1984 held
several prior public hearings on the
revocation Use Permit, the issue was
litigated at a Superior Court level. He
continued, on instructions by the Court
the applicant made application to the
City for a new Use Permit with certain
stipulations that attempts be made to
meet reasonable conditions of approval.
He stated that consequently the Use
Permit being considered tonight was
applied for by the applicant and certain
conditions were imposed by the Planning
Commission on March 10, 1983, when they
approved UP-83-646. He stated that the
conditions imposed by the Planning
Commission were not complied with even
though Staff worked with the applicant to
get the conditions complied with there is
no evidence that the conditions have been
satisfied. He stated that the recommen-
dation of the Planning Commission was to
revoke the Use Permit UP-83-646 based on
the transcript of the January 12, 1984
meeting including all of the attachments
to that transcript.
Councilman Nicolopulos stated that the
report given to Council tonight was dated
back in January and questioned if there
was later information available.
3/14/84
Page 10
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela stated that to his knowledge
there had not been any compliance as of
the current date nor any corrective
action being taken by the applicant.
City Attorney Rogers stated that the pro-
cess was to hear an argument from staff
and the permittee and then to hear
unsworn public testimony, but the evi-
dence is contained in the record of sworn
testimony that the Planning Commission
heard - that is what is to be considered
in revoking or not revoking the Use
Permit. He continued, the people are
supposed to be arguing based on this evi-
dence in the sworn record.
Mayor Addiego questioned if new infor-
mation should come into play.
City Attorney Rogers stated that the
Council had to go by the record because
they were reviewing a decision of the
Planning Commission, the revocation of a
Use Permit, based on what was in front of
them at the time.
Wallace Coppock, Esq., stated that he was
the attorney for the applicant and had
appeared before the Planning Commission
on January 12, 1984 to explain that Mr.
Bloss, the applicant, was ill and could
not appear. He spoke to the allegation
concerning Condition No. 1, the sawdust,
the equipment and what had been violated.
He stated that he briefly stressed before
the Planning Commission that only Mr.
Bloss could testify against the allega-
tion from personal knowledge as the pro-
prietor at that location. He stated
that Mr. Bloss was present and he felt
that Mr. Bloss should be able to address
that issue even though he was mindful of
the parameters stated for the meeting by
Mr. Rogers.
City Attorney Rogers pointed out that the
time for presenting testimony was before
3/14/84
Page 11
AGENDA ACTZON TAKEN
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
the Planning Commission, now is the time
for argument. He stated that sworn
testimony before the Planning Commission
should be given the credibility that the
Council would give evidence in a hearing.
He stated that the argument tonight was
merely unsworn statements that do not
have the same level of credibility of
sworn testimony before the Commission.
He continued, in the record on Page 4,
Mr. Coppock stated "there will be no
sworn testimony from our side. We intend
to proceed because of the gracious con-
tinuances that have been granted us. Mr.
Bloss cannot be here today, but we intend
to proceed. I will appear on their
behalf."
Wallace Coppock, Esq., stated that he did
not contest that, but later on stated
that he couldn't make a representation of
the alleged violation - most specifically
Condition No. 1. He stated that Mr.
Bloss was now here and willing to be
sworn in the interests of a fair hearing.
Mayor Addiego questioned whether the
attorney understood before going to the
Planning Commission that this would be
one of the items in regard to the Use
Permit, that it was an item of
contention.
Wallace Coppock, Esq., stated that he
would be less than ethical if he swore
under oath or more unequivically, repre-
sented that the allegations in Condition
No. 7, the violation of No. 1, were not
true - I don't work there, I'm not the
proprietor there and I felt I was totally
candid when I addressed the issue.
Mayor Addiego stated that the attorney
was an agent for his client and the bur-
den was upon him as to what happens on
the property.
City Attorney Rogers stated that the
attorney could have produced a witness
3/14/84
Page 12
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
ACTION TAKEN
COMMUNITY DEVELOPMENT
who could testify on the subject, request
a continuance because of some unforeseen
circumstance that made the witness unable
to appear. He stated that the Council
was reviewing a record of a hearing that
was fair and was in compliance with due
process.
Wallace Coppock, Esq. stated that he
would then contest that it was not a fair
hearing - and violated due process; and
contest that the Commission acted in
excess of its jurisdiction in light of
the fact that the applicant is in
bankruptcy despite the City Attorney's
views with respect to the same revisions
of the Bankruptcy Code. He stated that
he would contest each of the elements
addressing and challenging the propriety
of the Planning Commission's meeting if
that was what this Council wanted to do
tonight. He stated that he was trying to
get to the essence of the issues by
stating that Mr. Bloss is now ready to
come forward.
City Attorney Rogers stated that the
attorney should argue why the Use Permit
should not be revoked based on the record
before the Council.
Wallace Coppock, Esq., stated that in his
argument he was telling the Council
the reason why the revocation should not
be sustained is that the hearing consti-
tuted abuse descretion in light of the
fact that the Planning Commission or the
Planning Department represented to him
that he would be provided with infor-
mation concerning other land owners in
the general area conducting the same type
of business as the applicant. He stated
that on January 12, 1984, he was told for
the first time at the hearing that they
were not going to do so and he had relied
on that and had prepared his defense
based on the representations made by Mr.
Christians that that information would
3/14/84
Page 13
AGENDA AC T Z 0 N TAK E N 212
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
be provided. He stated that he learned
that night that the City Attorney's posi-
tion was that any of that information
was totally irrelevant.
Vice Mayor Haffey questioned if the
attorney had requested a continuance at
any time during the hearing.
Wallace Coppock, Esq., stated that this
was during the middle of the'hearing.
City Attorney Rogers made reference to
Page 14, Line 5 through Line 3 of Page 15
of the transcript and Assistant City
Attorney Katz's comments on Page 18
through Page 19, Line 17 which was an
exchange at the hearing in reference to
the Attorney's comments.
Director of Community Development
Dell'Angela stated that in all of the
hearings before the Planning Commission
there had been sufficient opportunity for
testimony from the applicant.
Wallace Coppock, Esq., reiterated his
earlier arguments and spoke of a letter
from Dan Christians of January 20, 1984,
stating that he would be provided infor-
mation and he did not feel that the
number of continuances requested were
frivolous.
Discussion followed on why the attorney
had not requested a continuance at the
January 12, 1984, meeting; Page 18 of the
transcript of the Assistant City
Attorney's reference to deliberate or
intentional discriminatory enforcement as
set down by the California Appellate and
the California Supreme Court; etc.
Wallace Coppock, Esq., stated that he
respected Ms. Katz, however there was
an equal amount of law supporting his
contention of equal protection and due
process which addresses issues exactly
like this. He stated that he had asked
3/14/84
Page 14
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
the City Attorney tonight if his office
had received Mr. Coppock's January 29,
1984 letter renewing the request that
information be provided tonight - he
indicated that up until tonight he has
not received that letter.
City Attorney Rogers stated that the
missing element that the attorney was
missing was that there was a stipulated
judgment against his client already for
operating in violation of the law without
a use permit. He continued, in sticking
to that judgment he has waived the argu-
ments he has that the City has unlawfully
discriminated against his client as to
whether or not he should have a use per-
mit for that use; and that would be
wholly irrelevant at this point based on
the fact that he has stipulated to a
judgment against his client.
Wallace Coppock, Esq., stated that he did
not waive it - the issue again was equal
uniform enforcement of the law at all
points of this proceeding not just when
he agreed to the stipulation, but from
that time to the present. He continued,
that the Planning Commission and the
Council has an obligation to equally
apply the laws of this City, the State
and the Country.
Mayor Addiego stated that both sides were
boxed in to our positions and Mr. Coppock
was going to contest the manner and
method in which this hearing was held and
the Council had to rely on what was there
based upon the evidence and make a
determination.
Wallace Coppock, Esq., stated that it
appeared that he was doing this for the
purpose of further litigation. He con-
tinued, if his request had been granted
or he had been told it would not be
granted then he would not have a leg to
stand on. He stated that he believed he
did have a leg to stand on for due
3/14/84
Page 15
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
17. Staff Report 3/14/84 - Continued.
(Cassette No. 2)
COMMUNITY DEVELOPMENT
process, third file and the American
process.
Mayor Addiego stated that this completed
the applicants portion and opened public
comment for and against - no one chose to
speak.
Councilman Nicolopulos questioned why the
applicant's permit had been revoked, it
went to trial and the Court rules in the
City's favor and four or five months
later a new use permit was approved.
City Attorney Rogers explained in detail
the Court action in 1978; the Court
injunction; the lengthy discovery
process; the applicant changing lawyers;
efforts to clean up the violations; the
stipulation Staff would support Mr.
Coppock's client's request for a use per-
mit based on certain conditions and
without guarantee that the Planning
Commission would give the use permit or
that the use permit would be given with
only those conditions on it - if his
client would stipulate that a judgment
would be entered against them in the
case; then the Judge ordered them not to
conduct the business without a use per-
mit, the applicant came and got the use
permit with the conditions that were not
met, etc.
City Attorney Rogers stated that in the
transcript there was no mention of a con-
tinuance or due process by Mr. Coppock
which is where the matter should have
been discussed - at the January 12, 1984
Planning Commission meeting.
M/S Haffey/Teglia - To revoke UP-83-646
based on the findings and direct the City
Clerk to prepare a minute order of the
Council action (Minute Order attached and
a permanent part of the record).
Carried by unanimous voice vote.
3/14/84
Page 16
MINUTE ORDER
CITY OF SOUTH SAN FRANCISCO
CITY COUNCIL MEETING
MARCH 14, 1984
Item 17.
Staff Report 3/14/84 recommending: 1)
Brief arguments from City Staff and the
Applicant; 2) Hear public comment; 3)
Motion to revoke Use Permit UP-83-646
Peninsula Auto Center Inc. (Classic Van)
for a facility for sales and custom con-
version of automobile vans and improve-
ment of a parking lot at 105 Linden Avenue
based on findings; 4) Direct City Clerk
to prepare minute order setting forth
Council action.
Motion/Second Haffey/Teglia - To revoke Use Permit
UP-83-646 Peninsula Auto Center Inc.
(Classic Van) based on the following
findings: 1) The applicant has not com-
plied with Special Condition Numbers 1, 2,
3, and 4 of UP-83-646; 2) The woodworking'
activities violate the Uniform Building
Code (Title 15, South San Francisco Muni-
cipal Code); 3) Because of these various
Use Permit violations, the use is adverse
to the public health, safety and general
welfare of the community and detrimental
and injurious to the surrounding proper-
ties and improvements; 4) The effects of
this use have not been.adequately, miti-
gated as required by the Planning Commission;
and direct the City Clerk to prepare a
Minute Order of the Council action.
STATE OF: CALIFORNIA ~ SS.
COUNTY OF SAN MATEO
!
l, Barbara A, Battaya, Clh/Clerk of the city of South San Fran-
cisco, County of San Makeo, Stake of California, an ex-officio Clerk of
the Cffy Council thereof, do hereby certify that the above and fore-
going is · full, true and correct cqpy of
Hinute Order of the Regular City Count:il
Heeting of 3/14/84 of Item £1o. 17.
the original of wh;ch is on file in my office, and that I have carefully
compared the same with fha original.
IN WITNESS WHEREOF I have hereunto set my hand and the seal of
the Ci,y of South San F .... isco ,h~s.t..b...t..._l!.day of../:]a_r_, ,e ..~J_,
BARBARA A. BATTAYA
City Clerk and E×-offldo Clerk .~f the City Council ~ the City of
SouthSan F ....isco ~~~
.......
By ................................................................
Deputy City C~erk
Minutes
3/14/84
Page 16a
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
18.
Staff Report 3/14/84 recommending:
1) Brief arguments from City Staff
and the Applicant; 2) Hear public
comment; 3) Motion to revoke Use
Permit UP-83-657, Anthony Valencia,
for an auto salvage and parts faci-
lity at 150 Harbor Way based on
findings; 4) Direct City Clerk to
prepare minute order setting forth
Council action.
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela stated that on January 12,
1984, the Planning Commission had held a
revocation evidentiary hearing to revoke
UP-83-657 and heard testimony from the
applicant and Staff; Staff inspected the
site on January 3, 1984, and assessed the
progress made by the applicant to meet
all the required conditions of approval.
He continued, in accordance with the con-
ditions of the use permit all improve-
ments were to be installed by November
14, 1983. He stated that the basis for
the recommendation for denial is that the
applicant has not fully complied with
Special Conditions 1, 2, 3, 5 (6 should
be deleted because it refers to standard
conditions of approval) the violations
are 1, 2, 3, 4, 5, 8 and 9 of the Use
Permit UP-83-657 which was approved by
the Planning Commission on July 14, 1983.
He stated that the conditions that have
not been satisfied: Item No. 1 deals with
the requirement that the use shall be
maintained substantially as shown on the
plan dated May 1983 and all required
improvements installed not later than
November 14, 1983, subject to the modifi-
cation regarding landscaping and the
railroad cars. He continued, the Staff
investigation at that time disclosed that
certain holes, at the time the inspection
had been made in January, had been
dug in the asphalt in front of the
property at 150 Harbor Way and top soil
added and header boards provided and
landscaping had been installed at that
time. He stated that the second part of
the condition was that the old railroad
cars located along the rear property line
should be removed - none of the railroad
cards had been removed in violation of
that particular condition. He stated
that the second condition dealt with an
8' high solid wood decorative fence which
was required to be installed on the side
rear property lines and dealt with
decorative wood gates adjacent to each
driveway. He continued, two redwood
3/14/84
Page 17
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
18. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
gates had been installed one on each dri-
veway entrance, however no fencing had
been installed along the side or rear
property line. He stated that a building
permit had been obtained but the appli-
cant did not proceed and install the
fence - which was a violation subject to
the revocation hearing. He said thirdly
the broken windows on the main portions
of the main parts and storage building
were required to be replaced, the struc-
ture entirely repainted and the old signs
removed. He stated that most of the bro-
ken windows had been replaced in the
front of the building but the broken win-
dows on the sides have not been replaced,
etc. He stated that a detailed
landscaping, automatic irrigation plan
was another condition in the front yard
area which had to be submitted to the
Parks and Recreation Department. He
stated that the applicant discussed these
plans with the Department and had come to
some sort of informal agreement but his
Department had not received a set of
finished landscaping plans nor approved
any plans. He stated that the applicant
had taken it upon himself to install cer-
tain trees and improvements without going
through the process of City approval. He
stated that the applicant was in viola-
tion of Chapter 6.68 of the South San
Francisco Municipal Code which is the
Auto Wrecking Ordinance. He stated that
Condition 8 deals with a performance
bond, accepted surety, letter of credit
was required to be filed by the applicant
to guarantee that the conditions would be
accomplished within a four day period
from the date the use permit was granted
- none was ever submitted. He stated
that the requirement that off-street
parking shall be provided in the primary
area of the site - some striping has been
provided, again in front of the office
building without review and approval by
the City, but none has been provided in
front of the auto parts building. He
stated that between July 14, 1983
3/14/84
Page 18
A G E N D A A C T I O N T AK E N S19
COMMUNITY DEVELOPMENT
18. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
at the time the Planning Commission
approved UP-83-657 and the January 12,
1984 hearing very little evidence was
given by either the applicant or by the
inspecting City Staff that the conditions
of approval of the use permit had been
substantially complied with. He stated
that the applicant did not come before
the City to apply for the fence around
the perimeter of the property until
October and the permit was approved in
November and the fence never did get
installed. He stated that the Planning
Commission felt there were enough suf-
ficient dry days for the fence to have
been installed - and the recommendation
is for revocation.
Councilman Nicolopulos stated that the
testimony was from January 12, 1984 and
questioned if there had been an updated
inspection.
Director of Community Development
Dell'Angela stated that there had been an
inspection today by the Code Enforcement
Officer of the premises and had docu-
mented significant violations of the use
permit including the absence of the
fencing on the sides and rear of the pro-
perty and the railroad cars in the rear
have not been removed; and still other
violations that have not been resolved at
the present time.
Mayor Addiego questioned if the Council
was in the same position as the last
revocation wherein it could only deal
with the information from the Planning
Commission.
City Attorney Rogers stated that the
Council should first allow Derck Goldlng,
Esq., to speak before he advised the
Council.
Derck Golding, Esq., Law Office of Harold
Martin, representing Valencia Brothers,
stated that if Council would read
3/14/84
Page 19
AGENDA
COMMUNITY DEVELOPMENT
18. Staff Report 3/14/84 - Continued.
ACTION TAKEN
COMMUNITY DEVELOPMENT
the minutes of the Planning Commission
meeting of January 12, 1984, the Planning
Commission clearly contemplated addi-
tional information and testimony would be
given at this hearing by Mr. Valencia.
He stated that with the Council's per-
mission would like to do so, have him
sworn in and present testimony concerning
compliance. He stated that the minutes
reflect Chairman Getz's advising Mr.
Valencia "...that a recommendation to
revoke this permit would be a continuance
because Mr. Valencia would have addi-
tional time to meet the conditions of
approval before the City Council con-
siders this application. He advised
that the recommendation to revoke the
permit would be based on the present con-
dition of the property." He stated that
he believed additional testimony had been
contemplated.
City Attorney Rogers stated that he had
been looking at this information since
this started and he thought it was an
incorrect thing for the Planning
Commission to do. He stated that fair-
ness would dictate at this point to
allow Mr. Valencia to testify because
the record was rife with comments in
effect giving him a continuance, and he
thought at the end of this it might be
well for the Council to express some
direction to the Director of Community
Development on how to deal with this
issue at the Planning Commission.
Mr. Anthony Valencia, Part Owner of
Valencia Brothers, requested Mr.
Dell'Angela to read the report from the
Code Enforcement Officer.
Director of Community Development
Dell'Angela read a memo, March 14, 1984,
from the Code Enforcement Officer to the
City Attorney into the record which is
attached and a permanent part of the
record.
Mr. Valencia stated that it appeared that
3/14/84
Page 20
CITY OF SOUTH SAN FRANCISCO
INTV. R- OFFICE MEMORANDUM
March 14, 1984
TO:
SUBJECT:
FROM:
City Attorney
150-155 Harbor Way (Valencia Bros.)
Code Enforcement Officer
COP~.STO: DCD
On March 14, 1984 at approximately 1350 hours an inspection of the subject
address was conducted. I met Mr. Tony Valencia on site and asked permis-
sion to conduct inspections at the two addresses. He agreed and accom-
panied me on the inspections. The following was observed:
155 Harbor Way
No change has taken place at 150 Harbor Way since my last inspection on
December 1, 1983. Violations of Sections 6.68.040, 6.68.050 and 6.68.080
of the Municipal Code are still in existence. These sections refer to the
fence and the maintenance of same and the piling of autos and intervening
aisles. Mr. Valencia stated that he has not touched this site since the
City told him that he could not operate from this address.
150 Harbor Way
Upon inspecting this site violation of Municipal Code Section 6.68.040
still exists at this time. The required fencing on the sides and rear of
this property have not yet been installed. Also, in regards to this section
Mr. Valencia has installed two new redwood gates on both sides of the
front of his property, with landscaping and parking space striping evident.
He has also started to demolish and remove the railroad cars at the rear
of his property.
Section 6.68.080 of the Municipal Code deals with the piling of vehicles
and width of aisles. There was no evidence of violations in regards to
stacking of vehicles. However, there were some violations of aisle width
present at this time. Also, the 20' required path to the rear of the
property is in existence with no violations of this section present.
In regards to operation of a towing service and ongoing auto dismantling
there was no evidence of either being conducted at this time, and when
questioned about such operations Mr. Valencia stated he was not doing any
of the aforementioned activities. It should also be noted that there
were three (3) vehicles on the street in the front of the 155 site.
However, upon being questioned about this Mr. Valencia stated that they
were not his cars and they had been there since March 11, 1984.
Michael Meloni
Code Enforcement Officer
MM/sp
205 (5/78)
Minutes
3/14/84
Page 20a
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
18. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
the alleged violations that were noted
previously in the Staff Report were all
corrected except for the specific items
noted in the report by Mr. Meloni today,
i.e., the fence, railroad cars still seem
to be in question and the issue of the
width of the aisles.
Director of Community Development
Dell'Angela stated that the landscaping
was done on the site by Mr. Valencia
without any approval or review by the
City, so the City does not concur that
the landscaping complies with the
requirements imposed.
Councilwoman Teglia stated that she did
not want to deal with this and said it
should be sent back to the Planning
Commission for them to go through the
whole list.
City Attorney Rogers agreed and said it
was an appropriate thing to do with
instructions to them also to not only
consider this issue but when they take
action on a matter like this not to
assume there is going to be a six week
stay, and then the Council is going to
start all over again from ground zero.
He stated that the whole purpose of
establishing this procedure according to
the way the Ordinance was set up was to
eliminate this kind of approach. He
stated that he felt it was appropriate
for the Council to remand it.
M/S Teglia/Haffey - To remand this item
to the Planning Commission for a
rehearing.
Mr. Valencia stated that he concurred in
the item being sent back to the Planning
Commission.
City Attorney Rogers stated that that was
a more appropriate thing to do than sit
here and take testimony here
tonight. He stated that the whole idea
3/14/84
Page 21
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
18. Staff Report 3/14/84 - Continued.
COMMUNITY DEVELOPMENT
tonight was for the Council to base their
decision on what the Planning Commission
heard on the record and not to conduct a
whole new hearing, second guessing the
Planning Commission based upon something
that happened two months ago; and give
the guy a chance to make a new record for
himself in the interim period. He stated
that wherein the Classic Van revocation
hearing had been handled differently than
Valencia Brothers because of the action
by the Planning Commission.
Mayor Addiego stated that Councilwoman
Teglia had indicated that she wanted to
set up a joint meeting contradictory
policies in a specific area of town,
but he felt there was a problem with
that.
Derck Golding, Esq., stated that Mr.
Valencia had applied for a tow permit
which had been revoked based on the
recommendation of the Planning Commission
at their last hearing. He questioned if
the Council would make a motion to have
that towing permit restored pending their
hearing again.
Consensus of Council - To not restore the
towing permit.
City Attorney Rogers stated that the
Council could recommend revocation of the
use permit on their part, in which case
it would be that you acted on the record
or to grant the extension themselves, to
give an extra 6 or 8 weeks to show they
can do it; then the Council will recon-
vene this hearing to see if it has been
done or not.
Carried by unanimous voice vote.
3/14/84
Page 22
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
19.
Public Hearing - UP-83-652/Robert
Leech, to consider the appeal of
the Planning Commission's decision
on 1/12/84 to construct a 6,085
square foot, 2-story automobile
service and office building behind
the existing auto rental facility
at 435 South Airport Blvd. in the
M-2 Heavy Industrial Zone District.
Staff Report 3/14/84 recommending:
1) Open the Public Hearing; 2)
Motion to continue Public Hearing
to April 11, 1984.
20.
Public Hearin9 - UP-84-678/Naugles,
Inc. to consider the appeal of the
Planning Con~nission decision of
1/26/84 to construct an 1,800
square foot restaurant with a
drive-through service window at
Hickey Blvd. and E1Camino Real.
Staff Report 3/14/84 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal based on the findings.
21.
Staff Report 3/14/84 recommending
adoption of a Resolution author-
izing execution of an agreement
with E.I.P. to prepare a supplemen-
tal EIR for Gateway Redevelopment
Project affecting additional hotel
rooms and Gateway Boulevard
Extension Project.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGREEMENT FOR PREPARATION OF
AN ENVIRONMENTAL IMPACT REPORT FOR
THE GATEWAY PROJECT
22.
Staff Report 3/14/84 recommending
adoption of a Resolution with a
supplemental request to the appli-
cation for HCDA Block Grant
Funding for noise insulation
program. ~)~
324
COMMUNITY DEVELOPMENT
Mayor Addiego declared the Public Hearing
open.
M/S Teglia/Damonte - To continue the
Public Hearing to April 11, 1984.
Carried by unanimous voice vote.
o5O
Under Agenda Review City Manager Birkelo
had requested that the Public Hearing be
opened and the matter continued to the
meeting of March 28, 1984.
Mayor Addiego declared the Public Hearing
open.
M/S Damonte/Teglia - To continue the
Public Hearing to March 28, 1984.
Carried by unanimous voice vote.
M/S Haffey/Teglia - To adopt the
Resolution.
RESOLUTION NO. 33-84
Carried by unanimous voice vote.
Director of Community Development
Dell'Angela advised that Council wanted
this $30,000.00 to provide matching funds
through the County.
Councilman Nicolopulos stated that
3/14/84
Page 23
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
22. Staff Report 3/14/84 - Continued.
A RESOLUTION APPROVING AND AUTHOR-
IZING THE SUBMISSION OF A SUPPLE-
MENT TO A THREE YEAR PLAN AND
PROJECT PROPOSALS FOR HOUSING AND
COMMUNITY DEVELOPMENT FUNDS FOR
FISCAL YEARS 1984-85, 1985-86 AND
1986-87
23.
Staff Report 3/14/84 recommending
adoption of a Resolution
authorizing an agreement with
Martin Carpenter Associates to pre-
pare the revised Housing
Element of the General Plan.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGREEMENT WITH MARTIN
CARPENTER ASSOCIATES TO PREPARE
REVISED HOUSING ELEMENT FOR THE
CITY OF SOUTH SAN FRANCISCO ~/)
FINANCE
24.
Staff Report 3/14/84 recommending
adoption of a Resolution amending
the Operating Budget.
A RESOLUTION APPROVING AMENDMENT
04, 1983-84 OPERATING BUDGET
COMMUNITY DEVELOPMENT
$30,000.00 wasn't much and asked if the
City would have to apply again at a later
date.
Councilwoman Teglia explained that the
FAA funded 80% and the Airport 20%. She
stated that the Airport portion was not
nailed down for people that can
demonstrate that they can not afford to
pay the 20%.
M/S Nicolopulos/Damonte - To adopt the
Resolution.
RESOLUTION NO. 34-84
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To adopt the
Resol uti on.
Councilman Damonte stated that Item 24
seems to say we are going to pass this.
Director of Community Development
Dell'Angela stated that the City had gone
to court on the Housing Element and won
and that Martin Carpenter Associates had
helped.
Councilwoman Teglia stated that the State
attorneys drew up the guidelines.
RESOLUTION NO. 35-84
Carried by unanimous voice vote.
FINANCE
M/S Teglia/Haffey - To adopt the
Resolution
RESOLUTION NO. 36-84
Carried by unanimous voice vote.
3/14/84
Page 24
FINANCE
25.
Staff Report 3/14/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce an Ordinance on author-
ized signatures; 3) Motion to waive
further reading of the Ordinance;
4) Motion to introduce an
Ordinance on bonding requirements
of City officials.
1st Reading/Introduction
AN ORDINANCE AMENDING CHAPTER 2.22
OF THE SOUTH SAN FRANCISCO MUNICI-
PAL CODE ENTITLED "SIGNATURES"
1st Reading/Introduction
AN ORDINANCE AMENDING SECTION
2.20.020 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND SECTION 3 OF
ORDINANCE NO. 728 ENTITLED "AN
ORDINANCE ESTABLISHING BONDS
REQUIRED OF OFFICERS OR EMPLOYEES
OF THE CITY OF SOUTH SAN FRANCISCO
AND REPEALING ORDINANCE NO. 1,
ADOPTED OCTOBER 5, 1908" AS AMENDED
BY ORDINANCE NO. 898
POLICE
26.
Staff Report 3/14/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Ordinance on towing cars.
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTIONS
11.12.100 AND 11.40.050 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
AND SECTIONS 4.9 AND 11.4 OF
ORDINANCE NO. 491 ENTITLED, "AN
ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO ESTABLISHING TRAFFIC
REGULATIONS AND REPEALING SUPER-
FINANCE
City Clerk Battaya read the title of the
Ordinance on authorized signatures in its
entirety.
M/S Damonte/Haffey - To Waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Damonte/Haffey - To introduce an
Ordinance on authorized signatures.
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance on bonding requirements of City
officials in its entirety.
M/S Damonte/Haffey - To waive further
reading of the Ordiance.
Carried by unanimous voice vote.
M/S Damonte/Haffey - To introduce an
Ordinance on bonding requirements of City
officials.
POLICE
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Haffey - To adopt the
Ordinance.
ORDINANCE NO. 945-84
Carried by unanimous voice vote.
3/14/84
Page 25
AGENDA ACTION TAKEN
COMMUNICATIONS
27.
Letter from Mr. Larry H. Smith,
Director of the North Peninsula
Services Center, Inc., regarding
the Parking Place Commission
decision of 2/14/84 on the property
at 314 Baden Avenue.
COMMUNICATIONS
Mr. Larry H. Smith, Director of the North
Peninsula Services Center, Inc., stated
that as the Council was aware there was a
problem regarding policy of the Downtown
Parking Commission. He stated that his
organization had applied for a variance
for the parking requirements at 314 Baden
Avenue, the future location of our
headquarter's office, and there seemed to
be confusion about the proper procedure
to appeal a Parking Place Commission
decision. He stated that he had been
instructed to apply for a variance as a
means of addressing the concerns and dif-
ferences with the Parking Commission
decision. He stated that his organiza-
tion was not alone in this position as
John and Kathy's had an excellent project
that allows for expansion. He stated
that the Parking Place Commission wanted
him to provide two parking spaces at the
back of the building. He questioned
Council's disposition on this matter and
advice on how to expedite the processing
of his application as a community service
center trying to conserve money.
City Attorney Rogers stated that the
Council does not have jurisdiction to
consider appeals from Parking Place
Commission decisions as he had stated in
his February 29, 1984 letter. He had
advised the Director of Finance to pass
on to the applicant: there is a section
in the code that says you have to have a
certain amount of parking in order to put
a project in downtown~the Parking Place
Commission says there is adequate parking
for your project because of the Parking
District there, then you can get a
variance from the conditions; if they say
no, there is no appeal from that, however
you can come back with a request for a
variance under Government Code from the
parking requirements. He stated that if
the Planning Commission denied the
variance that could be appealed to the
Council.
3/14/84
Page 26
AGENDA ACTION TAKEN 328
COMMUNICATIONS
27. Letter from Mr. Larry H. Smith -
Continued.
COMMUNICATIONS
Councilwoman Teglia stated that this was
why she was requesting an immediate
meeting with both the Planning Commission
and the Parking Place Commission as there
were real conflicts with the goals for
the future of the downtown which have to
be addressed. She stated that the whole
idea of a variance scared her with the
goals Council has set and then get into
the variance situation with a body that
has already told us that parking is
already overburdened. She continued,
then a situation will exist where people
will come in for variances and the
Council says we can't do this because
there is a burden in your neighborhood;
and the person will say, but look what
you did over there.
City Attorney Rogers stated that a
variance was only a means to get
something before the Planning Commission.
He stated that a variance was much more
difficult to sustain than a use permit
and for the Planning Commission to
actually issue a variance they would have
to meet these findings. He stated that
he thought in the memo he had pointed out
Section 65.906.5 dealing with parking
variances, which is a commercial type
thing that would generate commercial
development with adequate parking
off-site.
Mayor Addiego questioned when the Parking
District bonds would be payed off.
City Attorney Rogers stated that there
was nothing in the law that says the body
is dissolved when the bonds are paid.
Director of Finance Lipton stated that
the Parking Place Commission exists to
regulate parking and operation main-
tenance within the downtown area. He
stated that several years ago they issued
bonds to help achieve that purpose. He
stated that the bonds will retire July 2,
1984 and the Commission still has the
3/14/84
Page 27
AGENDA
COMMUNICATIONS
27. Letter from Mr. Larry H.
Continued.
ITEMS FROM STAFF
Smi tjF~ -
28a. Request by County for Council to
support County Youth Employment.
28b. Request from Chamber of Commerce for
appropriation for new maps.
28c. Plans for Council/Manager workshop on
3/23/84 and 3/24/84.
ACTION TAKEN
COMMUNICATIONS
responsibility to operate and maintain
the downtown area.
ITEMS FROM STAFF
City Manager Birkelo explained that the
County had requested the Council's
support of the County Youth Employment
Job Program. He explained that centers
would be located in Daly City, San Mateo
and Redwood City and that each City could
share in the program and encourage the
youth. He stated that the funding would
come from non-departmental.
M/S Nicolopulos/Damonte - To appropriate
$15,000 for the program.
Councilwoman Teglia stated that she felt
the City should have its own program and
that it could be interfaced with local
schools.
Vice Mayor Haffey explained that a token
contribution could be made and that Staff
could be directed to look at its own
capabilities.
Second withdrawn - motion died.
City Manager directed to report in two
weeks on what the City's capability is
for its own jobs program.
City Manager Birkelo explained that the
Chamber of Commerce had requested an
appropriation for new maps.
Discussion followed on the number of maps
needed, etc.
Subcommittee, Addiego and Haffey to dis-
cuss the number of maps needed with the
Chamber.
City Manager Birkelo stated that the
workshop would help to find ways to
improve Council's skills and that it
would be held at the Grosvenor at the
3/14/84
Page 28
AGENDA ACTION TAKEN
ITEMS FROM STAFF
28c. Plans for Council/Manager workshop on
3/23/84 and 3/24/84 - Continued.
ITEMS FROM COUNCIL
29.
Staff Report 3/14/84 requesting a
review of the 2/29/84, 3/2/84 and
3/6/84 reports on building permits
for the Interim Ordinance on ~j
landmarks. 5 ~, ~.-I//
30.
31.
Report on ALUC.
Report on the San Mateo County
Regional Planning Committee.
32.
Discussion relating to the ABAG
General Assembly Meeting.
32a. Discussion of City meeting with
Supervisor Speier re: grading to
stabilize South Slope of San Bruno
Mountain. ~D~
ITEMS FROM STAFF
Hol i day Inn.
Discussion followed regarding inviting
the press to attend the workshop.
Staff directed to send letter inviting
press to attend.
ITEMS FROM COUNCIL
M/S Teglia/Haffey - To approve the
building permits.
Director of Community Development
Dell'Angela stated that Council could
give the discretion to Staff to expedite
this where it would not have to go before
Council.
Carried by unanimous voice vote.
Information only.
Councilwoman Teglia requested that this
item be replaced by a discussion of
setting a meeting date with Council,
Planning Commission and Parking Place
Commission.
Staff to facilitate the meeting and
include the concerns of Mr. Smith.
Councilman Nicolopulos stated that ABAG
was increasing their dues because they
are in financial difficulties. He stated
that the dues would go from $1,800.00 to
$4,000.O0
Majority consensus of Council - To
Approve increase of ABAG dues from
$1,800.00 to $4,000.00.
Councilwoman Teglia abstained.
Councilwoman Teglia presented a
report of the meeting and stated that
this work must be done before any project
could begin and that the Habitat
Agreement would have to be amended to
allow development.
3/14/84
Page 29
AGENDA ACTION TAKEN
32b. Report on tour of Syufy Theaters.
32c. Report on meeting with John Feller
of the FAA re: facilitating
negotiations on Airport noise
easement.
32d. Discussion of elected officials
advisory committee. ~ ~
33e. Report on Subcommittee meeting
with School District. .~'"i '~..~
33f. Request by Councilman Nicolopulos
pedestiran crosswalks and curbs
to be painted.
GOOD AND WELFARE
CLOSED SESSION
33.
Request for a Closed Session for
the purpose of the discussion of
personnel matters, labor relations
and litigation.
RECALL TO ORDER:
34.
Request to adjourn the meeting to
Wednesday, 3/21/84, at 4:30 p.m, in
the City Council Conference Room,
City Hall, 400 Grand Avenue, South
San Francisco, for the purpose of
further discussion of the General
Plan Policies.
ITEMS FROM COUNCIL
Councilwoman Teglia gave a report on the
tour of the Syufy Theaters.
Councilwoman Teglia gave a re'port on the
meeting with John Feifer.
Councilwoman Teglia stated that she had
been asked by the Lt. Governor to serve
on the Commission on Economic Development
Vice Mayor Haffey gave a report on the
Subcommittee meeting with the School
District: refurbishing Spruce Gym; HCDA
application to improve bleachers; Baden
bungalow, School District awaiting
insurance settlement from the burned
building; whether City would pay utility
hookups, on-going maintenace and
utilites; recreation facility on South
Slope Developments; sale of Baden School
property; park horse, etc.
No action taken.
GOOD AND WELFARE
No one chose to speak.
Council adjourned to a Closed Session at
11:30 p.m., for the discussion of pro-
perty negotiations and labor relations.
Mayor Addiego recalled the meeting to
order at 12:20 a.m., all Council present,
no action taken.
M/S Nicolopulo/Haffey - That the meeting
be adjourned to Wednesday, March 21,
1984, at 4:30 p.m., in the City Council
Conference Room, City Hall, 400 Grand
Avenue, South San Francisco, for the pur-
pose of further discussion of the General
Plan Policies.
Carried by unanimous voice vote.
3/14/84
Page 30
^GE.D^ ^CT O, T^KE. 222
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
City of South San Francisco
The meeting was adjourned at 12:21 a.m.
APPROVED:
Mark N. Addieg~o, Mayor ti
City of South San Francisco v
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
3/14/84
Page 31