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HomeMy WebLinkAboutMinutes 1973-11-05REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, NOVEMBER 5~ 1973 TIME: 8:00 p.m, PLACE: Council Chambers, City Hall. CALL TO ORDERs. Mayor Steinkamp called the meeting to order at 8:02 p.m. PLEDGE OF ALLE- GIANCE TO FLAG & INVOCATIONs, The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend Father Joseph A. C~rdon of Mater Dolorosa Catholic Church. ROLL CALL: Present: Absent: Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp None MINUTES;, Mayor Steinkamp asked if there was a motion approving the Minutes of the regular meeting of October 15, 1973. Councilman Mammini moved, seconded by Councilman Ahern and regularly carried, that the Minutes of the regular meeting of October 15, 1973, be approved as submitted. REGULAR BILLSL . Mayor Steinkamp then asked if there was a motion approving the regular bills of November 5, 1973. Councilman Borba moved that the bills be approved with the exception of the VTN bill in the amount of $20,785.00. Discussion followed after which Mayor Steinkamp declared the motion dead for a lack of second. Councilman Ahem then moved, seconded by Councilman Mammini that the bills be approved for payment. Motion carried with Councilmen Borba and Mirri voting "No." PUBLIC HEARING ADOPTION OF UNIFORM FIRE CODE - !973 EDITION: The next item for Council's consideration was the Notice of Hearing - ADOPTION BY REFERENCE OF THE UNIFORM FIRE CODE - 1973 EDITION IN A PROPOSED CITY ORDINANCE ESTABLISHING RULES, REGULATIONS AND STANDARDS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE IN THE CITY OF SOUTH SAN FRANCISCO. Mayor Steinkamp declared the Public Hearing opened, asking if any written protests had been received to which the City Clerk replied that none had been received by his office. Mayor Steinkamp asked if there were any oral protests. Since there were no oral protests, Mayor Steinkamp requested Fire Chief Toellner to speak on the proposed legislation. Fire Chief Toellner briefly explained the matter, urging the adoption of the ordinance after which Mayor Steinkamp declared the Public Hearing closed. RESO. NO. 6192 IN HONOR OF JUDGE LOUIS B. DEMATTEIS: After an explanation by City Attorney Noonan, Councilman Mammini intro- duced the first resolution entitled: "A RESOLUTION IN HONOR OF JUDGE LOUIS B, DEMATTEIS." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6193 DECLARING COUNCIL'S IN- TENTION TO TERMINATE SOCIAL SECURITY AGREEMENT: City Attorney Noonan explained the next resolution concerning the termination of the Social Security Agreement, Acting City Manager Alario explained to Council the intent of the resolution after which Councilman Mammini introduced the resolution entitledl "A RESOLUTION DECLARING COUNCIL'S INTENTION TO TERMINATE SOCIAL SECURITY AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE STATE OF CALIFORNIA." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6194 After an explanation by City Attorney Noonan, Councilman Borba re- ADOPTING CAPITAL quested information concerning the resolution. IMPROVEMENTS BUDGET 1973 - 1978: Acting City Manager Alario explained the Capital Improvements Budget and the amount after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION ADOPTING CAPITAL IMPROVEMENTS BUDGET, 1973 - 1978." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6195 City Attorney Noonan explained the next resolution after which Mayor DECLARING o~PO- Steinkamp stated that the resolution was on the agenda at his request. SITION TO THE Mayor Steinkamp explained what was taking place with the dredging and DEPOSIT OF urged that other cities be requested to take similar action. SPOILS IN THE CAI:E~UINEZ STRAITS Councilman Borba introduced the resolution entitled: "A RESOLUTION DREDGED FROM MARE ISLAND: DECLARING OPPOSITION TO THE DEPOSIT OF SPOILS IN THE CARQUINEZ STRAITS DREDGED FROM MARE ISLAND." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6196 REQUESTING APPROVAL OF EXPANSION OF SFIA BY S.F. BOARD OF SUPERVISORS: City Attorney Noonan explained the next resolution concerning the San Francisco International Airport expansion. Brief discussion followed after which Councilman Mammini introduced the resolution entitled: "A RESOLUTION REQUESTING APPROVAL OF THE EXPANSION PLAN FOR SAN FRANCISCO INTERNATIONAL AIRPORT BY THE SAN FRANCISCO BOARD OF SUPERVISORS." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6197 AUTHORIZING E×E- CUTION OF AGREE- MENT FOR STATE J ADMINISTRATION SALES & USE TAX: RECESS TO TV RETAPING AND TO ENTER EXECU- TIVE PERSONNEL SESSION: After an explanation by City Attorney Noonan, Councilman Ahern intro- duced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. Mayor STeinkamp at this time stated that the meeting would be recessed to allow the TV camera crew to retape and that during the interim, the City Council would go into an Executive Personnel Session. The meeting was then recessed at 9:90 p.m. RECALL TO ORDER~__Mayor Steinkamp recalled the meeting to order at 9:20 p.m., with all Council present. He stated that during the Executive Personnel Session, Council discussed Personnel matters. -2- 1115173 ORD. NO. 652 AMENDING PERSON- NEL ORD. 449 ADDING SUB-SEC. C TO I1:~ 2nd Reading/ Adoption 1 ORD. NO. 653 AMENDING ORD. 575 & ZONING PARCEL 1.28AC & PROVIDING REGULATIONS FOR PC-C DIST.: 2nd Reading/ Adoption ORD. NO. 654 AIZX~PTING THE UNIFORM FIRE CODE - 1973 EDITION 2nd Reading/ Adoption Mayor Steinkamp ordered the title of the ordinance read. The title of the ordinance was read. In answer to Councilman Borba's inquiry, Acting City Manager Alario explained the matter. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Mammini moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Mirri and passed by majority vote, Councilman Borba voting "No." Councilman Mammini moved that the ordinance entitled, "AN ORDINANCE AMENDING PERSONNEL ORDINANCE NO. 449, AS AMENDED, ADDING SUB-SECTION C TO I1," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Ahern and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, Councilman William A. Borba. Absent, none. Mayor Steinkamp ordered the title of the ordinance read. The title of the ordinance was read. City Attorney then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Ahern moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Mammini and passed by unanimous vote. Councilman Ahern moved that the ordinance entitled, "AN ORDINANCE AMENDING ORDINANCE NO. 575 AND ZONING A PARCEL OF 1.28 ACRES AND DESCRIBED HEREIN TO PLANNED COMMUNITY COMMERCIAL OR PC-C DISTRICT AND PROVIDING REGULATIONS FOR SAID PC-C DISTRICT: AND AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED ~ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO,' ADOPTED AUGUST I0, 1954," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Mammini and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank ~ammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. Mayor Steinkamp ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Mammini moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Ahern and passed by unanimous vote. Councilman Ahern moved that the ordinance entitled: "AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE - 1973 EDITION, INCLUDING APPENDICES A, B, C, D, AND E, AND THE STANDARDS, PRINCIPLES, TESTS, METHODS, PUBLICATIONS AND SECONDARY CODES THERE'~ REFERRED TO OR ADOPTED BY REFERENCE; PROVIDING FOR AMENDMENT THERETO, ISSUANCE OF PERMITS AND FEES THEREFOR; AND REPEALING ORDINANCE 601 AND OTHER ORDINANCES," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Mammini and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. -3- 11/5/73 ORD. AMENDING SALES & USE TAX ORD.: Ist Reading/ Introduction ORD. REPEALING CERTAIN ORDIN- ANCES: Ist Reading/ Introduction CLAIM AS FILED BY RAY MEZZETTA: APPLICATION FOR RECONSIDERATION OF CLAIM - FAZACK~RLEY: Mayor Steinkamp ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for introduction. Councilman Mammini moved that reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first time by reading title only, seconded by Councilman Ahern and passed by unanimous vote. Councilman Mammini moved that the ordinance entitled: "AN ORDINANCE TO AMEND ORDINANCE NO. 457 ENTITLED THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE," the entire reading of which has been duly waived, be introduced, seconded by Councilman~ern and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. Mayor STeinkamp ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for introduction. Councilman Borba moved that reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first time by reading title only, seconded by Councilman Mammini and passed by unanimous vote. Councilman Borba moved that the ordinance entitled: "AN ORDINANCE REPEALING CERTAIN ORDINANCES OF THE CITY OF SOUTH SAN FRANCISCO HEREINAFTER MORE PARTICULARLY DESCRIBED," the entire reading of which has been duly waived, be introduced, seconded by Councilman Mammini and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. The next item for Council's attention was the claim as filed by Ray C. Mezzetta for alleged damages as a result of recreational activities. Councilman Mammini moved, seconded by Councilman Ahern and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney; and Notice be given to claimant in accordance with Government Code Sections 913, 915.4 and other related sections of the Government Code, The next item was the Application for Reconsideration of Claim as filed by the law office of Bocci and Modena on behalf of Keith Fazackerley. Councilman Borba stated, "Mr. Mayor, I will entertain a motion that we settle this claim at Mr. Bocci's request." Councilman Mirri seconded the motion. Lengthy discussion followed among Members of the City Council, City Attorney, Mr. Xenophon Tragoutsis, Attorney at law who served as legal advisor to the Personnel Board in the Fazackerley Hearing, and Police Chief Rosano. During the discussion, City Attorney Noonan recommended that the motion not be passed and if the Council desires to proceed along the lines indicated, a different motion be considered. Councilman Borba then remarked that his motion still stood after which Councilman Mirri stated that his second still stood. -4- 11/5/73 APPL I CAT' tON FOR RECONS I DERAT ION OF CLAIM - FAZACKERLEY; (CONT I NUED) Roll call vote was as follows; Ayes, Councilmen William A. Borba and Terry J. Mirri. Noes, Councilmen Pa+rick E. Ahern. F. Frank Mammini and Warren Steinkamp. Absent~ none, Councilman Ahem then stated that he would like to make a motion in favor of what Mr. Noonan had suggested so that the City could find a way to pay with no legal ramifications at a later date. City Attorney Noonan then suggested a motion that the City Manager be authorized to compromise and settle the claim for the sum of $6,000 pursuant to the authority of Government Code Section 912.6, Sub- paragraph 4. Councilman Ahern so moved, seconded by Councilman Mammini. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini, Terry J. Mirri and Warren Steinkamp. Noes, none. Absent, none. REQUEST FOR ACCEPTANCE OF COMMON GREENS FOR MA I NTENANCE WEST PARK 313, 3C: The next item was the Inter-Office Memorandum dated October 31, 1973 from Administrative Staff recommending acceptance for maintenance: 3C 13lock I0, portion of Lot 44, and Block 12, portion of Lot 159; 3B Block 16, remaining portion of Lot 131Westborough, West Park Common Greens. Councilman Mammini moved, seconded by Councilman Ahern and regularly carried, that the recommendation of Administrative Staff be approved and accepted. COMMUN I CAT I ON FROM OICW RE BRANCH CENTER IN NO. COUNTY: The communication dated September 19, 1973 from Opportunities Indus- trialization Center West concerning the establishn~nt of a branch center in South San Francisco to serve Northern San Mateo County in vocational training was the next matter for Council's attention. Mr. Herbert Gaymon, Executive Director of Opportunities Industrial- ization Center West, after introducing representatives of his staff, reading from a statement, gave the background of his organization and the service it provided. RECESS FOR During the discussion, it was necessary to recess the meeting at CAMERA RETAPING~ ~10:30 p.m., for the retaping of the TV cameras. RECALL TO ORDER: The meeting was recalled to order by Mayor Steinkamp at 10:39 p.m., with all Council Members present. Mr. Gaymon continued his discussion stating he felt it was essential to have community support for the service it provides to the City. APPOINTMENT OF MRS. BETTE HIGGINS - S.M. CO. PLANNING PRIORITY BD.: There being no objections, Mayor Steinkamp informed Mr. Gaymon that the City Council would take the matter under adviSement. The next matter was the appointment of a representative to the proposed Priority Planning Committee - San Mateo County. Mayor STeinkamp recommended the appointment of Mrs. Bette Higgins to the proposed Priority Planning Committee. Councilman Ahern so moved, seconded by Councilman Borba after which Mayor Steinkamp stated that if there were no objections, the appoint- ment would be confirmed. There were no objections, and no vote taken on the motion. INTEREST ON FUNDS ADVANCED FOR COLMA CREEK PROUECT: The next item was the Inter-Office Memorandum dated October 26, 1973 from Administrative Staff regarding interest on funds advanced for the Colma Creek Project. -5- II 15173 INTEREST - FUNDS: Acting City Manager Alario explained the matter to City Council after (CONTINUED) .~ which, there being no objections, Mayor Steinkamp requested the City .~-~/'s~ Manager to handle the matter. ITEMS FROM Mayor Steinkamp asked if any Member of Council had anything they COUNCIL~ ........... wished to offer. RESO. NO. 6198 REGARDING USE LIMITS OF OUT- SIDE LIGHTING DURING CHRISTMAS SEASON: Councilman Borba, commenting on the energy crisis, stated he would propose a resolution to curtail the outdoor Christmas lighting. Discussion followed at which ti m~ Acting City Manager Alario requested permission to continue lighting the traditional Christmas tree atop Sign Hill since it was operated by a generator. After discussion, Councilman Borba introduced a resolution entitled: "A RESOLUTION REGARDING USE LIMITS OF OUTSIDE ELECTRICAL CHRISTMAS LIGHTING DURING THE 1973 SEASON~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Terry J. Mirri, Warren STeinkamp. Noes, none. Absent, none. EXPLANATION OF MEETING RE ~' SKATING RINK~ ~'--f~_~...~ OBJECTIONS REGISTERED TO ESTABLISHMENT OF CORRECTIONAL FACILITY IN SOUTHERN COUNTY AREA: ,.~-/~-.~ In answer to Councilman Borba's Inquiry, Administrative Assistant Michael Wilson explained the meeting which had been held with repre- sentatives of the Skating Rink proposal. Mayor Steinkamp at this time read a letter dated October 23, 1973 as addressed to Mr. Harland Minshaw, Chairman of North County Corrections Facility Committee from Mr. George T. Riley, Executive Assistant to the County Manager, concerning the County Capital Improvement Program. Mayor Steinkamp registered objections to the report as it affected the proposed detention facilities to be constructed in the Southern part of the County rather than the northern part. He requested City Council take action to have the matter reviewed and efforts made to obtain this facility in the north. Councilman Borba moved that the City object to the report favoring Redwood City for detention facilities, seconded by Councilman Mirri and unanimously carried. COMMENTS RE PARKING SITUA- TION: z In answer to Councilman Mirri's inquiry, Acting City Manager Alario explained what had been done regarding the parking situation, stating that time would be required for review and compilation of report. Councilman Mirri requested the formation of a committee to study the matter and asked that the City Manager bring this up at the Study Session. REPORT TO COME RE G~kZEBO IN CIVIC CENTER: REPORT RE L I BERTY BELL: In answer to the inquiry of Councilman Mammini, Acting City Manager Alario stated that the Parks and Recreation would soon be making a report and recommendation at the Study Meeting on the matter of a gazebo in the Civic Center. In answer to Councilman Mirri's inquiry, Acting City Manager Alario reported on the cost and sizes of liberty bells as well as the engineering studies which would have to be made to support such a structure. GOOD & WELFARE[ .... Yhere being nothing further, Mayor Steinkamp asked if anyone present had anything they wished to offer under C~aod and Welfare. REQUEST FOR CITY'S P & R ~ DEPT. TO ATTEND CO. P & R'S MEETING RE SAN BRUNO MTN. PLAN: Mrs. Bette Higgins informed Council that on November 7, 1973 at the Hillside School, the County Park and Recreation Commission would unveil the development of the San Bruno Mountain. She requested represent- atives from the City's Park and Recreation Deoartment to observe the concept plan being proposed. -6- 1115173 REOUEST FOR ADJOURNMENT TO MONDAY, NOV./t 2: ADJOURNMENT' Acting City Manager Alario requested Council to adjourn the meeting to Monday, November 12th in order that Council could have a second reading on an ordinance to be forwarded to the State, There being no objections, Mayor Steinkamp adjourned the meeting to Monday, November 12, 1973, at 5:30 p.m. ~Time of adjournment: 11;34 p.m. RESPECTFULLY SUBMITTED, APPROVED: Mayor * The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral presentations, arguments and comments are recorded on tape. The tape is on file in the office of the City Clerk and available for inspection, review and copying. Documents related to the items are on file in the office of the City Clerk and available for public review, inspection and copying. -7- 11/5/73 mp