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HomeMy WebLinkAboutMinutes 1977-01-19REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD JANUARY 19, 1977 TIME: PLACE:_ CALL TO ORDER: PLEDGE OF ALLEGIANCE TO FLAG: ROLL CALL: APPROVAL OF BILLS JANUARY 19, 1977 7:30 PM. West Orange Avenue Library Auditorium. The meeting was called to order by Mayor Padreddii at 7:35 PM. The Pledge of Allegiance to the Flag was recited. · Present: Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Absent: None. Councilman Borba stated, "Before the motion is made I would like to refrain on voting on the following due to the fact that I do business with the following companies." Adam-Hill Company Bay Cities Bldg. Materials Co., Inc. Bergesen Electric Company Cap Concrete Inc. City Grille & Radiator Custom Office Supply Company A. B. Dick Company Early American Paint & Varnish Company Endurance Metal Product Company Enterprise-Journal Graybar Electric Company Jenks & Harrison KCA Engineers Inc. Paul Koss Supply Fred Lautze, Inc. Lowrie Paving Company Maryatt Industries Marshall-Newell William Minucciani Oliver's Auto Parts Olympian Oil Company South City Sheet Metal Works, Inc. San Mateo County Road Department APPROVAL OF BILLS (CONT'D.) JANUARY 19, 1977 APPROVAL OF MINUTES DECEMBER 15, 1976 DECEMBER 28, 1976 ADMINISTRATIVE SERVICES RESO. NO. 6-77 AUTHORIZING SIGNATURES FOR CHECKS & WARRANTS RESO. AUTHORIZING ESTABLISHMENT OF TRUSTEE BANK ACCOUNT RESO. NO. 7-77 APPROVE AMEND. 0-1 1976-77 OPERATING BUDGET (RESTORE 1915 SEAGRAVE FIRE TRUCK) Mayor Padreddii called for a motion to approve the claims deleted from the original list. CoUncilman Battaglia moved, seconded by CoUncilman Damonte and regularly carried. Councilman Borba stated, "Mr. Mayor I want the record to show that I did not participate in the vote." Mayor Padreddii ordered the claims amended to delete the claims listed by Councilmmn Borba and called for a motion to approve the claims as amended. Councilman Battaglia so moved, seconded by Councilman Damonte and regularly carried. Mayor Padreddii asked if there was a motion approving the Minutes of the Regular Meeting of December 15, 1976 and the Special Meeting of December 28, 1976. Councilman Borba moved, seconded by Councilman Damonte and regularly carried that the Minutes of the Regular Meeting of December 15, 1976 and the Special Meeting of December 28, 1976 be approved as submitted. Staff Report, dated January 19, 1977, recommending that Council adopt a resolution authorizing certain personnel to sign checks and warrants. Councilman Battaglia introduced a resolution entitled: RESOLUTION AUTHROIZING SIGNATURES FOR CHECKS, WARRANTS AND BANK SIGNATURE CARDS, AND RELATED MATTERS. Roll call vote was as follows: Ayes., Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council adopt a resolution authorizing staff to establish a trustee bank account for use by R. L. Kautz & Company. The City Manager stated that Council did not have a resolution before them tonight, and he requested that this item be deferred. There being no objections, Mayor Padreddii ordered this item continued to the next meeting. Staff Report, dated January 19, 1977, recommending that Council adopt a resolution appropriating $2,250 for the restoration of the 1915 Seagrave Fire Truck. Councilman Borba introduced a resolution entitled, A RESOLUTION APPROVING AMENDMENT 0-1, 1976-77 OPERATING BUDGET. 1119177 Page 2 ADMINISTRATIVE SERVICES RESO. NO. 7-77 APPROVE AMEND. 0-1 1976-77 OPERATING BUDGET (RESTORE 1915 SEAGRAVE FIRE TRUCK) (CONT ' D. ) RESO. NO. 8-77 APPROVE AMEND. O- 2 1976-77 OPERATING BUDGET (REPAIR MUNI PARKING LOT NO. 5) ORD. NO. 726-77 AMENDING BUSINESS LICENSE ORD. 720-76 & REPEALING ORD. NOS. 336 & 650 2nd Reading/Adoption In answer to Councilman Battaglia's inquiry regarding whether funds were budgeted, the City Manager replied in this regard. Fire Chief Toellner explained the fund raising activities in this regard as well. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council adopt a resolution appropriating $2,000 for the repair of Municipal Parking Lot No. 5. Councilman Battaglia introduced a resolution entitled, A RESOLUTION APPROVING AMENDMENT 0-2, 1976-77 OPERATING BUDGET. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte and Leo Padreddii. Noes, none. Absent, none. Abstain, Councilman Terry J. Mirri. Councilman Mirri originally voted "aye" on roll call, but he requested under Items From Council that his vote be recorded as abstaining in voting. Staff Report, dated January 19, 1977, recommending that Council read for the second time an ordinance amending the Business License Ordinance to delete employment agencies from the Professional Class of businesses, amend the definition of Average Number of Persons Employed and repeal Ordinance Nos. 336 and 650. Mayor Padreddii 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 Battaglia meved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Damonte and passed by unanimous vote. Councilman Damunte moved that the ordinance entitled, AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO BUSINESS LICENSE ORDINANCE NO. 720-76, AS AMENDED, AND REPEALING ORDINANCE NO. 336 AND 650, the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Borba and passed by the following roll call vote. 1119/77 Page 3 ADMINISTRATIVE SERVICES ORD. NO. 726-77 AMENDING BUSINESS LICENSE ORD. 720-76 & REPEALING ORD. NOS. 336 & 650 2nd Reading/Adoption ( CONT ' D . ) CITY MANAGER ~SO. NO. 9-77 AMENDING RESO. NO. 3486 - DURATION OF EMPLOYMENT LISTS 7 ORD. REPEALING ORD. NOS. 17, 106, 142, 177, 208, 307, 327 AND 362 1st Reading/Intro. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council adopt a resolution modifying Personnel Rule 8.02, Duration of Employment Lists, by extending the maximum duration period of employment lists to two years. The City Manager explained the item to Council, recommending adoption, after which Councilman Battaglia introduced a resolution entitled, A RESOLUTION AMENDING RESOLUTION NO. 3486 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING PERSONNEL RULES AND REGULATIONS" AND SECTION 8.02 - DURATION OF EMPLOYMENT LISTS. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council pass the following motions: 1) A motion waiving the reading of the ordinance in its entirety and reading the ordinance for the first time and introducing it by title only; and 2) A motion reading for the first time and introducing for the first time an ordinance entitled, "An Ordinance Repealing Ordinances of the City of South San Francisco Numbered 17, 106, 142, 177, 208, 307, 327 and 362." Mayor Padreddii 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 Damonte 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 Battaglia and passed by a unanimous vote. 1/19/77 Page 4 CITY MANAGER ORD. REPEALING ORD. NOS. 17, 106, 142, 177, 208, 307, 327 AND 362 1st Reading/Intro. (CONT' m. ) ORD. AMENDING ORD. NO. 449 - PERSONNEL SYSTEM (COMPETITIVE SERVICE) 1st Reading/Intro. Councilman Mirri moved that the ordinance entitled, AN ORDINANCE REPEALING ORDINANCES OF THE CITY OF SOUTH SAN FRANCISCO NUMBERED 17, 106, 142, 177, 208, 307, 327 AND 362, the entire reading of which has been duly waived, be introduced, seconded by Councilman Borba and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. The City Attorney explained the matter of BB guns and handguns in answer to Councilman Damonte's inquiry. Staff Report, dated January 19, 1977, recommending that Council pass the following motions: 1) A motion waiving the reading of the ordinance in its entirety and reading the ordinance for the first time and introducing it by title only; and 2) A motion reading for the first time and introducing for the first time an ordinance entitled, "An Ordinance Amending Section 6 of Ordinance No. 449, Adopted March 21, 1960, Entitled 'An Ordinance of the City of South San Francisco Recreating and Re-Establishing a Personnel System for the City of South San Francisco and Repealing Ordinance No. 216 and Ail Inconsistent Ordinances.'" Mayor Padreddii 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 Mirri and passed by a unanimous vote. Councilman Damonte moved that the ordinance entitled, AN ORDINANCE AMENDING SECTION 6 OF ORDINANCE NO. 449, ADOPTED MARCH 21, 1960, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND RE-ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES," the entire reading of which has been duly waived, be introduced, seconded by Councilman Mirri and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. 1119177 Page 5 CITY MANAGER (CONT'D.) ORD. AMENDING ORD. NO. 636 - MECHANICAL AMUSEMENT DEVICES 1st Reading/Intro. ORD. NO. 727-77 REQUIRING OATH OF OFFICE FOR CITY OFFICERS & EMPLOYEES 2nd Reading/Adoption Staff Report, dated January 19, 1977, recommending that Council pass the following motions: 1) A motion waiving reading of the ordinance in its entirety and reading the ordinance for the first time and introducing it by title only; and 2) A motion reading for the first time and introducing for the first time an ordinance entitled, "An Ordinance Amending Ordinance No. 636 Passed the 5th Day of September, 1972, Entitled 'An Ordinance of the City of South San Francisco Regulating Mechanical Amuse- ment Devices and Providing for License Fees, Prohibiting Illegal Devices and Providing Penalites.'" Mayor Padreddii 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 Damente moved that reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first tin~ by reading title only, seconded by Councilman Borba and passed by a unanimous vote. Councilman Damonte moved that the ordinance entitled, AN ORDINANCE AMENDING ORDINANCE NO. 636 PASSED THE 5TH DAY OF SEPTEMBER, 1972, ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING MECHANICAL AMUSEMENT DEVICES AND PROVIDING FOR LICENSE FEES, PROHIBITING ILLEGAL DEVICES AND PROVIDING PENALTIES," the entire reading of which has been duly waived, be introduced, seconded by Councilman Battaglia and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council read for the second time and adopt an ordinance which requires City officers and employees to take a Constitutional Oath of Office as set forth in Article XX, Section 3, of the State Constitution, and appeals Ordinance 302, entitled "An Ordinance Requiring Ail Persons Holding or Occupying Appointive Offices or Positions in the Service of the City of South San Francisco to Take and Subscribe to a Loyalty Oath." Mayor Padreddii ordered the title of the ordinance read. The title of the ordinance was read. 1119177 Page 6 CITY MANAGER ORD. NO. 727-77 REQUIRING OATH OF OFFICE FOR CITY OFFICERS & EMPLOYEES 2nd Reading/Adoption (CONT ' D. ) 000 ORD. NO. 728-77 ESTABLISHING BONDS REQUIRED OF.. CITY OFFICERS AND EMPLOYEES 2nd Reading/Adoption City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Borba 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 unanimous vote. Councilman Battaglia moved that the ordinance entitled, AN ORDINANCE REQUIRING OATH OF OFFICE FOR OFFICERS AND EMPLOYEES, the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Borba and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council read for the second time and adopt an ordinance which establishes the bonds required of officers or .employees of the City and repeals Ordinance No. 1, adopted October 5, 1908. Mayor Padreddii 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 Damonte 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 Borba and passed by unanimmus vote. Councilman Damonte moved that the ordinance entitled, AN ORDINANCE ESTABLISHING BONDS REQUIRED OF OFFICERS OR EMPLOYEES OF THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE 1, ADOPTED OCTOBER 5, 1908, the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Mirri and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. 1/19/77 Page 7 CITY MANAGER (CONT ' D. ) STUDY SESSIONS PUBLIC SERVICES UP-76-360/APPEAL BY EASTSIDE ASSOCIATES AND JOHN MASCIO Staff Report, dated January 19, 1977, recommending that Council designate the fourth (4th) Wednesday of each month for Study Sessions, commencing in February, 1977. The City Manager explained the purposes of the meetings, after which Councilman Damontemoved, seconded by Councilman Mirri and regularly carried that the recommendation of the City Manager be approved and accepted. Public Hearing -- UP-76-360/Appeal by Eastside Associates and John Mascio. Staff Report, dated January 19, 1977, recommending that Council approve Use Permit 76-360 subject to all of the conditions and limitations set forth and adopted by the Planning Commission of the City of South San Francisco. At the request of the Mayor a report was given by the Acting City Planner who explained the two appeals as well. Mayor Padreddii then declared the public hearing opened. Robert Pauly of Eastside Associates explained the units to be developed and agreed to the conditions but took exception to the matter of signalization. John Mascio, 912 Linden Avenue, South San Francisco, felt that signalization should be installed due to the increase in pedestrian traffic. Arthur Haskins, an interested party in the development, explained the earlier proposed development in 1962 at which time signalization was discussed. He alsomentioned the use of arterial stop signs. John Falsarella commented that he felt that stop signs would help. The Drainage Engineer for Eastside Associates explained the matter of drainage which was based on the study made by Wilsey, Ham and Blair. He commented that they would collect water on their property and felt there would not be any danger of flooding. John Mascio commented that 35 years prior there were no flood problems, but with development of the property flooding conditions were created. He also commented that the catch basins were not operating. 1/19/77 Page 8 PUBLIC SERVICES UP-76-360/APPEAL BY EASTSIDE ASSOCIATES AND JOHN MASCIO (CONT ' D. ) RECESS:.. RECALL TO ORDER:5 RESO. NO. 10-77 CERTIFYING REVIEW OF EIR - GELLERT BLVD. EXTENSION PROJECT ASSMT. DISTRICT There being no one else to speak, Mayor Padreddii declared the public hearing closed. Brief discussion followed concerning Council action at which time the City Attorney suggested that Council take a brief recess and that the wording for Council action would be prepared. Mayor Padreddii declared a recess at 8:57 PM. The meeting was recalled to order at 9:18 PM with all Council present. The City Attorney at this time read the first motion for Council consideration which was as follows: "Move that, based on the evidence received, the staff report dated January 19, 1977 and incorporating by reference Planning Commission hearing and findings, the Council approve the grant of UP-76-360 on the terms and conditions established by the Planning Commission, except Condition No. 3 regarding traffic signals at the Hillside Avenue inter- section be amended to provide that said condition is subject to review and modification by the Council, including consideration of an equitable distribution of cost, and the Acting City Planner is authorized to issue a zoning permit therefor in accordance with this motion." Councilman Borba moved, seconded by Councilman Damonte and regularly carried that the first motion be accepted. The City Attorney then read the second motion for Council consideration which was as follows: "Move that review and modification of Condition No. 3 not be considered until applicant submits a traffic study of existing traffic conditions on Hillside Boulevard and School Street and projections related to the effect thereon caused by the improvements proposed for UP-76-360." Councilman Battaglia moved, seconded by Councilman Damonte and regularly carried that the second motion be accepted. Mayor Padreddii at this time introduced Mayor Fred Garbini, Mayor of the Town of Colma. Staff Report, dated January 19, 1977, recommending that Council, by resolution, direct staff to file a Notice of Determination with the State of California, Department of Resources, certifying that the Gellert Boulevard Environ- mental Impact Report has been reviewed and considered by the City Council and found to be complete in accordance with the California Environmental Quality Act of 1970. i/19/77 Page 9 PUBLIC SERVICES RESO. NO. 10-77 CERTIFYING REVIEW' OF EIR - GELLERT BLVD. EXTENSION PROJECT ASSMT. DISTRICT (CONT' D. ) The Acting City Planner presented his Staff Report which reconm~nded adoption of the resolution. At the request of the Mayor the City Attorney commented on Mr. Surendra Amin's memorandum, stating that he had discussed this with the City Manager and the Acting City Planner, and both had complied with the matter and believed there was no reason for concern. The Acting City Planner stated that filing had been made with the County Clerk and that legal notification had been observed. The City Attorney requested that the record show that the matter had been reviewed and considered and that the filing of the Notice of Determination had been ordered. The City Attorney explained the modified form of resolution which had been prepared for Council, after which Councilman Borba introduced a resolution entitled, A RESOLUTION CERTIFYING REVIEW AND CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT - GELLERT BOULEVARD EXTENSION PROJECT ASSESSMENT DISTRICT. Theodore Tronoff, Engineer for Thomas Callan, asked if the resolution would allow them to have the Local Agency Formation Commission proceed with the annexation. The City Attorney stated he would like to discuss this matter with the Local Agency Formation Commission. Discussion followed concerning a Council motion which would take care of this matter. Colonel Rhea, General Manager of the Westborough Water District, commented that the matter of Gellert Boulevard was holding up development in the area. Roll call vote on the resolution was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. The City Attorney then read a suggested motion as follows: "Move that Acting City Planner take the necessary actions to support the annexation proceedings before LAFCO by Thomas Callan for the areas in Westborough adjacent to Gellert Boulevard, including if necessary a Notice of Determination limited at this time to said annexation proceedings." 1/19/77 Page 10 PUBLIC SERVICES RESO. NO. 10-77 CERTIFYING REVIEW OF EIR - GELLERT BLVD. EXTENSION PROJECT ASSMT. DISTRICT RESO. NO. 11-77 ESTABLISHING FEE FOR PLAIN VIEW INSPECTIONS OF RESIDENTIAL PREMISES ITEMS FROM STAFF P . O. S.T. SURVEY ITEMS FROM COUNCIL RESOLUTION COM~NDING REMI MUYLLAERT CONCRETE FOUNDATIONS- COLINA SUBDIVISION CHANGE OF VOTE BY COUNCILMAN MIRRI - RESO. NO. 8-77 OYSTER POINT MARINA GRANT Councilman Borba so moved, seconded by CoUncilman Damonte and regularly carried. Staff Report, dated January 19, 1977, recommending that Council adopt a resolution establishing a fee for plain view inspections of residential premises. At the request of the City Manager the Director of Public Services explained the inspections which would be made upon request. The Chief Building Inspector further explained the inspections, after which Councilman Borba introduced a resolution entitled, A RESOLUTION ESTABLISHING A FEE FOR PLAIN VIEW INSPECTIONS OF RESIDENTIAL PREMISES. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated January 19, 1977, recommending that Council evaluate the P.O.S.T. Survey. The Chief of Police commented on the survey completed and the purpose for the survey. He stated that this was for Council's study at this time and will be discussed at a future study meeting. Councilman Borba requested a resolution be prepared for Remi Muyllaert for services he performed on a County Board. The City Manager was requested to handle. In answer to Councilman Battaglia'a inquiry, the Acting City Planner explained what was being done regarding the concrete foundations in the Colina subdivision. Councilman Mirri at this time requested that his vote on Item No. 4 from the Departn~nt of Administrative Services regarding the matter of fund transfers affecting the Parking District be registered as abstaining from voting. This was so ordered. Councilman Borba asked if the grant of monies received for the Oyster Point Marina were to be spent without Council approval. The City Manager stated that staff would come back with a recommendation for Council's action. 1119177 Page 11 ITEMS FROM COUNCIL (CONT' D. ) CITY AUDIT ~o~1 ADJOURNMENT: In answer to Mayor Padreddii f s inquiry regarding the status- of the City audit, the Acting Finance Director stated that the final stages were being completed and that the report should be ready for the first of February. There being nothing under Good and Welfare, Mayor Padreddii adjourned the meeting. Time of adjournment was 9:55 PM. RESPECTFULLY SUBMITTED: City of South San Francisco APPROVED: Leo Padreddii, Mayor City of South San Francisco 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 and documents related to the items are on file in the office of the City Clerk and available for inspection, review and copying. 1/19/77 Page 12