HomeMy WebLinkAboutMinutes 1978-08-02126
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
HELD AUGUST 2, 1978
TIME:
............. 1:00 p.m.
PLACE:
City Council Conference Room, City Hall
CALL TO ORDER:
The meeting was called to order by Mayor Borba at 1:02 p.m.
PLEDGE OF ALLEGIANCE: _The Pledge of Allegiance to the Flag was recited.
ROLL CALL:.
Present: Councilmen Ronald G. Acosta, William A. Borba,
Emanuele N. Damonte and Terry J. Mirri
Absent: Councilwoman Roberta Cerri Teglia
City Council began its budget review with page 63 of the
Proposed Annual Budget 1978-1979 - Summary, Revenues,
General Government.
All deletions, modifications or allowances as made are
herewith incorporated and made a part of these minutes;
and are on file in the office of the City Clerk.
Discussion followed concerning overtime salaries.
COUNCILWOMAN TEGLIA
PRESENT
Councilwoman Teglia appeared present at 1:06 p.m., and
remained for the rest of the meeting.
Discussed were:
City Manager's Department
Planning Division Administration
Planning Commission
Finance Department Administration
Accounting Division Administration
Purchasing/Print Shop
Garage Division
Building Maintenance Division
Non-Departmental
RECESS'
Mayor Borba declared a recess at 3:02 p.m.
RECALL TO ORDER: ........... The meeting was recalled to order by Mayor Borba at 3:13 p.m.,
with all Council present.
BUDGET REVIEW
VOLUME 2
PUBLIC SAFETY
CONCLUSION OF
BUDGET REVIEW
ADJOURNMENT
Council continued with the review of the Proposed Annual
Budget 1978-!979 - Summary, Revenues, General Budget on
page 193 - "Convention and Visitors Bureau."
Council proceeded to Volume 2 - PUBLIC SAFETY. The first
modifications were made on page 11.
Discussed were:
Fire Department
Fire Administation
Fire Prevention
Fire Operation.
Council concluded the Budget Study for this meeting, with
the remainder to be discussed on Wednesday, August 9, 1978.
The matters of the Water Service franchise, allocation of
State surplus monies, Westborough Class Action Suit, and
request for Executive Personnel Session were discussed.
Mayor Borba adjourned the meeting at 4:06 p.m.
RESPECTFULLY SUBMITTED:
APPROVED:
am A. Borb~¥iM~6r
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.
8/2/78
Page 2
128
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
HELD AUGUST 2, 1978
TIME: · 7:30 p.m.
PLACE:
West Orange Avenue Library Auditorium
CALL TO ORDER:
The meeting was called to order by Mayor Borba at 7:32 p.m.
PLEDGE OF ALLEGIANCE_The Pledge of Allegiance to the Flag was recited.
ROLL CALL: Present:
Councilmen Ronald G. Acosta, William A. Borba,
Emanuele N. Damonte and Terry J. Mirri;
Councilwoman Roberta Cerri Teglia
Absent: None
AGENDA REVIEW
City Manager Birkelo requested that the following items
be added to the evening's agenda:
A public hearing concerning the State Allocation of
Special District Relief Funds
The setting of a Public Hearing for a WTVC rate request
Executive Personnel Session to discuss labor negotiations.
Since there were no objections, it was so ordered.
CONSENT CALENDAR
The City Clerk read the following items on the Consent Calendar:
1. City Council Minutes of the Regular Meeting of July 19,
1978; and the Adjourned Regular Meeting of July 24, 1978
e
Claim filed by John R. Lauricella, Esq., on behalf of
William L. and Hope Carvalho alleging property damage as
a result of filling-in of land adjacent to property
owned by claimant.
Councilman Damonte moved that the Consent Calendar be approved
with the Minutes of July 19, 1978, be amended to show the
correction of "Mayor Borba" instead of "Mayor Damonte" on
page 3. Councilman Acosta seconded the motion as amended.
Motion as made and seconded was regularly carried.
APPROVAL OF BILLS
AUGUST 2, 1978
Mayor Borba stated, "Before the motion is made, I would like
to refrain from voting on the following due to the fact that
I do business with the following companies."
129
APPROVAL OF BILLS
AUGUST 2, 1978
(Continued)
CITY MANAGER
CONTINUED PUBLIC
HEARING APPEAL OF
UP-78-428/JAMES C.
ELMORE ~-~-~
COUNCILMAN MIRRI~
ABSENT
Bay City Foundry Co.
Bayshore Truck Equipment
Cap Concrete
Coast Linen Service
Colma Sand Pit
Cresta Bros.
Custom Office
Don & Jerry's Automotive
Early American Paint
Enterprise Journal
Fairway Chevrolet
B. F. Goodrich
Homelite
K-H Supply, Inc.
King Bearing
Lowrie Paving Co.
3M Business Products
Wm. Minucciani
Olympian Oil
Red Star Industrial
The Times
Sears Roebuck
So. City Car Wash
Union Carbide
First National Bank of Daly City
Union Oil Company
Mayor Borba called for a motion to approve the claims deleted
from the original list. Councilman Acosta moved, seconded by
Councilman Damonte and regularly carried that the claims
deleted from the original list be approved.
Mayor Borba stated, "I want the record to show that I did
not participate in the vote'."
Councilman Damonte moved to approve the list of claims as
amended, seconded by Councilman Acosta and regularly carried.
Continued Public Hearing - Appeal of UP-78-428/James C. Elmore
Staff Report, dated July 19, 1978, recommending that Council
uphold the action of the Planning Commission and deny the
appeal of Up-78-428 of James C. Elmore.
Councilman Mirri absented himself at 7:40 p.m.
City Planner Costanzo stated that this matter was continued
to allow representatives of Mr. Elmore and Mr. Goldman to
produce evidence concerning the side window. He stated that
staff's recommendation remains the same.
8/2/78
Page 2
CITY MANAGER
CONTINUED PUBLIC
HEARING APPEAL OF
UP-78-428/JAMES C.
ELMORE
(Continued)
Carl T. Windell, Attorney representing Mr. Elmore, spoke in
opposition to the relevance of the issue of the wide window.
He stated that he had documents and photographs to support
his testimony.
City Attorney Noonan responded that the evidence produced
tonight could make the side window a relevant factor.
Mr. Windell submitted to Council a Declaration of Emma Garnsey
as Exhibit A, Declaration of Howard Abbott as Exhibit B, and
photographs from the Elmore family album as Exhibit C. Mr.
Windell spoke, citing dates of family occasions and noting the
subjects' ages in relation to the existence of the said window.
He stated his client had complied with the recommendations of
the Building and Planning Divisions by cutting back the sides
of the roof overhang, installing fire-pmoof wall, and he
requested Council approve the Use Permit.
Discussion followed between Council and Chief Building Inspector
Ghilardi concerning the need for a Use Permit for minor and
major construction.
Mayor Borba declared the Public Hearing opened and asked if
anyone wished to speak in opposition.
Mr. Walter Kibil, 2574 - 32nd Avenue, San Francisco spoke,
stating that Mr. Goldman had never denied that the window
existed, but objected to the size of the window and location.
He said it had been smaller and was located higher than
presently situated. He also spoke in opposition to Mr. Elmore's
entrance onto the property without permission to construct
his addition.
City Attorney Noonan questioned Mr. Kibil concerning the
previous location and size of the window.
Mr. Windell, Attorney for the applicant, commented that the
Declarations had been obtained to prove that a window had
existed, and he requested a continuance to come back with
evidence as to the size and location of said window.
Mr. David Goldman, 640 Commercial Avenue, presented to Council
the following letters which stated that no window was present
in that location: letter to Mr. John Noonan, City Attorney,
dated July 30, 1978, from Douglas M. Bailey, 2145 Noriega
Street, San Francisco, CA 94122; letter to Mr. John Noonan,
City Attorney, dated July 30, 1978, from Joe Dias; and
letter dated July 30, 1978, to City Attorney John Noonan
from Jerold B. Fambrough, 2174 - 46th Avenue, San Francisco,
CA 94116.
8/2/78
Page 3
CITY MANAGER
CONTINUED PUBLIC
HEARING APPEAL OF
UP-78-428/JAMES C.
ELMORE
(Continued)
RECESS:~
RECALL TO ORDER:
COUNCILMAN MIRRI
PRESENT
PUBLIC HEARING
AMENDING ORD #353
PARKING REQUIREMENTS
ORD NO. 768-78
2nd Reading/Adopt
Discussion followed between Council and Mr. Goldman concern-
ing the submitted correspondence.
City Attorney Noonan ne~t requested the dates of events of
the submitted photographs.
In answer to Council's inquiry, City Planner Costanzo explained
the Use Permit under consideration.
At the suggestion of the City Attorney that Council hear from
the Chief Building Inspector, Mr. Roy Ghilardi, Chief Building
Inspector spoke on the preliminary facts in the matter. He
distributed to Council as evidence a copy of the approved
plans,'~ddition to House for Mr. and Mrs. James Elmore, 642
Commercial Avenue, South San Francisco, California." He
described details which do not comply with the City's ordinances.
After discussion, Mr. Alex Bernal, 630 Commercial Avenue,
spoke in opposition. He stated that there had not been a
window in the present location.
Mayor Borba next asked if anyone present wished to speak
in support of the matter.
Since no one spoke, Mayor Borba declared the public hearing
closed.
Mayor Borba declared a recess at 9:32 p.m.
Mayor Borba recalled the meeting to order at 9:46 p.m.
Present were Councilmen Acosta, Damonte and Borba and
Councilwoman Teglia. Absent was Councilman Mirri.
City Planner Costanzo stated that, if Council would approve,
he and his staff, City Attorney, and the Building Division
would analyze the evidence submitted and come back to Council
with a definite recommendation of action and alternatives.
With the approval of Council, Mayor Borba ordered the matter
continued to the next meeting, August 16, 1978.
Councilman Mirri appeared present at 9:50 p.m., and remained
for the rest of the meeting.
Public Hearing - Amending Ordinance No. 353, as amended,
regarding Parking Requirements.
Staff Report, dated August 2, 1978, recommending that Council
read for the second time and adopt the ordinance amending
parking ordinance increasing the parking requirements for
Multiple Family dwellings by ¼ space per unit.
8/2/78
Page 4
132
ORD. NO. 768-78
AMENDING ORD #353
PARKING REQUIREMENTS
2nd Reading/Adopt
(Continued)
After an explanation by the City Planner, Mayor Borba
declared the public hearing opened and asked if anyone
wished to speak in favor of the matter.
Since no one spoke, Mayor Borba asked if anyone wished to
speak against the proposed parking ordinance.
Mr. Joe Green, 490 Ft. Royal Street, Foster City, spoke on
behalf of Mr. Bud Esch~bach. He requested information con-
cerning the impact of the passage of the ordinance on property
recently purchased by Mr. Eschelbach.
Discussion followed between Council and the City Planner
concerning applications submitted, the thirty-day waiting
period, and opposition to and support for the increase in
the required parking spaces per unit.
Mayor Borba declared the public hearing closed and 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 Acosta moved reading of the ordinance
in its entirety be waived and that the ordinance be passed
and adopted by reading title only, seconded by Councilwoman
Teglia, and passed by unanimous vote.
Councilman Acosta moved that the ordinance entitled, "AN
ORDINANCE AMENDING SECTION 4.121(c) OF ORDINANCE NO. 353,
ADOPTED AUGUST 10, 1954, AS AMENDED, ENTITLED 'ZONING ORDINANCE
OF THE CITY OF SOUTH SAN FRANCISCO," the entire reading of
which has been duly waived, be passed and adopted, seconded
by Councilwoman Teglia, and followed by roll call vote.
Roll call vote was as follows: Ayes, Councilman Ronald G.
Acosta and Councilwoman Roberta. Cerri Teglia. Noes, Council-
men William A. Borba, Emanuele N. Damonte and Terry J. Mirri.
Absent, none.
Discussion followed concerning failure of the passage of the
ordinance after which Councilman Damonte stated he wished to
change his vote, and asked to rescind his previous vote of'
"No," and have another motion for adoption of the ordinance~
Councilman Acosta so moved, seconded by Councilman Borba
and regularly carried.
Councilman Acosta moved that the ordinance entitled, "AN
ORDINANCE AMENDING SECTION 4.121(c) OF ORDINANCE NO. 353
-ADOPTED AUGUST 10, 1954, AS AMENDED, ENTITLED 'ZONING ORDINANCE
8/2/78
Page 5
133
ORD. NO 768-78
AMENDING ORD #353
PARKING REQUIREMENTS
2nd Reading/Adopt
(Continued)
ORD. NO. 769-78
AMENDING ORD #353
ESTABLISHING RPD-40
WILLOW & GRAND AVES
2nd Reading/Adopt
OF THE CITY OF SOUTH SAN FRANCISCO,'" the entire reading of
which has been duly waived, be passed and adopted, seconded
by Councilwoman Teglia, and followed by roll call vote.
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, Emanuele N. Damonte, William A. Borba, and Council-
woman Roberta Cerri Teglia. Noes, Councilman Terry J. Mirri.
Absent, none.
The City Planner was directed to come back to Council with a
document allowing for more parking space.
Staff Report, dated August 2, 1978, recommending that Council
read for the second time, and adopt the ordinance approving
the rezoning of property located northeaS~terlyof Willow and
Grand Avenues from R-1 and R-3 to RPD.
Mayor Borba declared the Public Hearing opened after which
City Planner Costanzo explained the rezoning.
Mayor Borba asked if anyone wished to speak in favor of the
rezoning.
Mr. Maurice Brosnan, 607 Poplar Avenue, spoke in favor of
the rezoning, stating that he had dropped so many units in
order to achieve this rezoning.
Mayor Borba asked if anyone wished to speak in opposition.
As there was no one, Mayor Borba declared the Public Hearing
closed, after which he 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.
Councilwoman Teglia 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 Acosta
and passed by unanimous vote.
Councilwoman Teglia moved that the ordinance entitled, "AN
ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE
NO. 353, AS AMENDED, ENTITLED 'ZONING ORDINANCE OF THE CITY OF
SOUTH SAN FRANCISCO' AND ESTABLISHING AN RPD-40 RESIDENTIAL
PLANNED DEVELOPMENT. (Northeasterly corner of Willow and
Grand Avenues)" the entire reading of which has been duly
waived, be passed by the following roll call vote.
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte and Terry J.
Mirri, Councilwoman Roberta Cerri Teglia. Noes, none.
Absent, none.
8/2/78
Page 6
134
CITY MANAGER
ORD. NO. 770-78
AMENDING ORD #353
ESTABLISHING DESIGN
REVIEW BOARD
2nd Reading/Adopt
RESO. NO. 95-78
DETERMINING TO
DISPOSE OF REAL
PROPERTY
Public Hearing - Amending Ordininance No. 353, as amended,
and establishing a Precise Plan of Design/Design Criteria
and Design Review Board.
Staff Report, dated August 2, 1978, recommending that Council
read for the second time and adopt the ordinance to establish
and create a Precise Plan of Design/Design Criteria and
Design Review Board.
Mayor Borba declared the Public Hearing opened.
Discussion followed between Council and the City Planner
regarding changes recommended by Staff and buildings already
reflecting these changes.
Mayor Borba asked if anyone wished to speak in favor of the
proposed ordinance. As no one spoke, Mayor Borba asked if
anyone wished to speak against it. Since no one spoke,
Mayor Borba declared the Public Hearing closed.
Mayor Borba 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 adop.tion and passage.
Councilwoman Teglia 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 Acosta
and passed by unanimous vote.
Councilwoman Teglia moved that the ordinance entitled, "AN
ORDINANCE AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED
'ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO,' ES-
TABLISHING A DESIGN REVIEW PROCEDURE AND DESIGN REVIEW BOARD,"
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 Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri;
and Councilwoman Roberta Cerri Teglia. Noes. none. Absent, none.
Staff Report, dated August 2, 1978, recommending that Council
adopt a resolution declaring the real property at Belle Air
Road and Airport Boulevard excess property.
City Planner Costanzo explained the technical steps to declare
the lO-acre piece of Belle Air Road surplus property.
City Manager Birkelo stated that other parties were interested
in the property and staff would proceed to the best interest
of the City.
8/2/78
Page 7
185
CITY MANAGER
RESO. NO. 95-78
DETERMINING TO
DISPOSE OF REAL
PROPERTY
(Continued)
WESTBOROUGN CONDO-
MINIUM 4 AUTHO-
RIZATION OF LETTER
TO SNYDER COMPANY,
ET AL, BY CITY
ATTORNEY
Councilwoman Teglia introduced the resolution entitled:
"RESOLUTION 'DETERMINING TO DISPOSE OF REAL PROPERTY PROVIDING
FOR NOTICE THEREOF (VACANT PARCEL ON AIRPORT BOULEVARD)."
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirrio
and Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
The Council received a report from the City Attorney regarding
the Settlement Agreement in the action entitled Goren, et al,
v. Loews Corporation, et al 184767, which is set for hearing
before the Superior Court of San Mateo County on August 15, 1978.
The City Attorney submitted for Council's consideration a
written assurance to meet the provisions of paragraph VIII (3)
of the Settlement Agreement, approved by James Logan Richmond,
counsel for plaintiffs, and Henry Shields, counsel for defend-
ants. After reviewing the written assurance and receiving the
comments of the City Attorney, the Council, on motion of
Councilman Damonte, seconded by Councilman Mirri, which was
unanimously passed, authorized the City Attorney to issue
the written assurance as follows:
J. H. Snyder Company, BGP Corporation,
Norpen Development Corporation, Loews
Corporation, L & S Mortgage Company
c/o Irell & Manella
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067
Gentlemen:
This written assurance to be effective as herein-
after set forth is issued as of this date to meet
the provisions of paragraph VIII(3) of the Settlement
Agreement filed on July 20, 1978, for Superior Court
approval ("the Agreement") in that certain action
entitled Goren, et al vo Loews Corporation, et al,
No. 184767, San Mateo County Superior Court. The
City of South San Francisco ("the City") has re-
viewed the Agreement and understands as follows:
Under the provisions of the Agreement, you will
deposit into escrow the sum of $1,646,000 for, among
other things, the use of Westborough Hills Condo-
minium Association No. 4 ("the Association")
and its homeowners, in performing work in respect
of the condominium units and common areas in
the Association.
Upon performance of the Agreement by you, the
Association and its homeowners will then be solely
responsible, pursuant to the Agreement, for
8/2/78
Page 8
136
CITY MANAGER
WESTBOROUGH CONDO-
MINIMUM 4 AUTHO-
RIZATION OF LETTER
TO SNYDER COMPANY,
ET AL, BY CITY
ATTORNEY
(Continued)
procuring such work, if any, as may be necessary
to ensure that the condominium units and common
areas comply with all applicable codes, statutes,
laws, determinations, rulings and regulations, if
they do not already so comply.
I have been authorized to inform you that after full
consideration of all its provisions, the City has
concluded that performance by you of the obligations
under the Agreement will fully and forever exonerate
and discharge any obligations or duties you and each
of you (and, of course, those which any and all of
your respective past, present or future employees,
agents and affiliates) may have had to the City, or
may now have, or which may hereafter have arisen, in
respect of all or any of the condominium units and
common areas in the Association under any statutes,
laws, codes (including, without limitation, the Uni-
form Building Code), rulings, contracts, determinations
or regulations enforceable or cognizable by the City.
Conditional solely on performance by you of the obli-
gations of the Agreement, City hereby agrees and co-
venants that it will not hereafter initiate any pro-
ceedings or other action, formal or informal, against
any of you (or against any of your respective past,
present or future employees, agents or affiliates) in
respect of all or any portion of the condominium units
or common areas in the Assocation, and that it will
forthwith terminate without further recourse against
you (or against any of your past or present employees,
agents or affiliates, if any) any such formal or infor-
mal proceedings, or other actions which are currently
pending.
It is understood that your performance of the obliga-
tions of the Agreement is expressly conditioned on
obtaining the assurances, determinations, agreements
and covenants memorialized hereby, and that, without
this letter, you would not otherwise perform the
Agreement.
Of course, nothing in the Agreement (nor your execu-
tion or performance of it) or this letter, has been
or may be construed or considered by the City or others,
to be an admission or concession of liability by any
person or entity. Further, nothing in this letter is
intended or may be construed as a finding or determin-
ation by the City of any liability of any person or
entity.
8/2/78
Page 9
137
CITY MANAGER
WESTBOROUGH CONDO-
MINIUM 4 AUTHO-
RIZATION OF LETTER
TO SNYDER COMPANY,
ET AL, BY CITY
ATTORNEY
(Continued)
This written assurance shall become effective on
August 10, 1978, subject to rescission and cancella-
tion by City if (1) the Agreement does not become effec-
tive as set forth in paragraph I (D), (2) the written
assurance required of HUD in paragraph VIII (3) is not
provided and (3) counsel for defendants do not approve
this written assurance on or before August 15, 1978.
If you or any of the defendant parties to the Agree-
ment fail or refuse to perform your material obli-
gations under the Agreement so required to be per-
formed, or you or any of the defendant parties to
the Agreement terminate or cancel the Agreement, then
this written assurance shall have no force and effect
except as otherwise expressly provided in writing by
the City.
Very truly yours,
/s/ John Noonan
John Noonan
JN:mk City Attorney
APPROVED
COUNSEL FOR PLAINTIFFS
Alexander Anolik, a Professional Corporation
By
James Logan Richmond
Date:
COUNSEL FOR DEFENDANTS
Irell & Manella
By
Date:
C'ouncilwoman Teglia moved, seconded by Councilman Damonte
and regularly carried that staff be authorized to proceed
in the same manner in Units 1, 3 and 5, as-was followed in
Condominium No. 4.
8/2/78
Page 10
FINANCE
PUBLIC HEARING
STATE SURPLUS MONIES
TO SPECIAL DISTRICTS
REQUEST FOR WTVC
RATE INCREASE
PUBLIC HEARING
RESO. NO. 96-78
ADOPTING REPORT
OF ANNUAL SEWER
RENTALS & CHARGES
FOR 1978-79
Public Hearing - Purpose of distributing approximately $33,624
of State Surplus monies to the following special districts:
West Park Parks and Parkways Maintenance District; West Park 3
Parks and Parkways Maintenance District; Willow Gardens Parks
and Parkways Maintenance~District; and Stonegate Ridge Parks
and Parkways Maintenance District.
Finance Director Anderson explained the requirements of the
allocation and the public hearing to distribute the surplus
monies to the districts. He stated that the instruction
guidelines have not as yet been received from the State
Controller's office.
After discussion concerning State-mandated use of the funds
and restrictions upon them, the prudent management of pre-
vious monies by the districts, Mayor Borba declared the
Public Hearing opened and asked if myone wished to speak
in favor of the matter. Since no one spoke in favor of,
Mayor Borba asked if anyone wished to speak in opposition.
As no one spoke, Mayor Borba declared the Public Hearing closed.
Director of Finance Anderson requested Council to give direction
to Staff to distribute the surplus monies in a manner that,
in combination with the tax monies from the County, each
district will have a proportionate share of revenues to
support the budget for each of those districts.
Councilwoman Teglia moved, seconded by Councilman Damonte
and regularly carried that the monies be allocated propor-
tionately as suggested by the Finance Officer, and with the
provision that the districts be notified not to rely too
heavily on spending it because they may have to pay it back.
City Manager Birkelo requested City Council to set a Public
Hearing on August 16, 1978, 7:30 p.m., to consider the rate
increase request of Western TV Cable.
As there were no objections from Council, Mayor Borba
so ordered.
Public Hearing - Sewer Rental Charges and Adoption of
Report of Annual Charges.
Staff Report, dated August 2, 1978, recommending that Council
conduct a public hearing and adopt a resolution adopting the
report of annual sewer rentals and charges for 1978-79 pur-
suant to Ordinance No. 396, as amended.
Finance Director Anderson explained that these figures are
on the annual tax roll and required by the County Tax Collector.
Discussion followed between Council and Staff concerning tax-
ation of industrial, residential and commercial properties.
8/2/78
Page 11
139
FINANCE
RESO. NO. 96-78
ADOPTING REPORT
OF ANNUAL SEWER
RENTALS & CHARGES
(Continued)
PARKS/RECREATION
RESO. NO. 97-78
AUTHO LEASE WITH
F. GIFFRA FOR
230; 232 GRAND AVE.
RECESS:
RECALL TO ORDER'__
RESO AUTHO LEASE
WITH ELLA H. YAMAS
FOR 3 SO. LINDEN:
Mayor Borba then declared the Public Hearing opened and asked
if anyone wished to speak in favor of the matter. Since no
one spoke, Mayor Borba asked if anyone wished to speak against
the adoption.
Mr. John Solo, Commercial Avenue, spoke in opposition, stating
the injustice of past and present sewer taxation.
No one else spoke in opposition. Mayor Borba declared the
Public Hearing closed.
Councilman Acosta introduced the resolution entitled: "A
RESOLUTION ADOPTING REPORT OF ANNUAL SEWER RENTALS AND
CHARGES FOR 1978-79 PURSUANT TO ORDINANCE NO. 396, AS AMENDED."
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri;
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
Staff Report, dated August 2, 1978, recommending Council adopt
a resolution authorizing the second one-year option in the
1974 Lease Agreement for the use of 320-232 Grand Avenue as
a Senior Citizens Service Center.
Director of Parks and Recreation Norton explained the square
footage in the two buildings after which Councilman Damonte
introduced the resolution entitled: "A RESOLUTION AUTHO-
AN AGREEMENT EXERCISING THE SECOND ONE YEAR OPTION -
LEASE FOR 230-232 GRAND AVENUE."
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuel~e N. Damonte, Terry J. Mirri;
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
Mayor Borba declared a recess at 4:46 p.m.
Mayor Borba recalled the meeting to order at lO:O0 p.m.,
with all Council present.
Staff Report, dated August 2, 1978, recommending Council
adopt a resolution authorizing execution of a lease with
Ella H. Yamas for 3 South Linden Avenue.
Director of Parks and Recreation Norton, in response to
Council's inquiry concerning the increase of $120 per month,
commented on the request of the lessor for a three-year
lease and their claim of additional expense to the buildings.
Discussion followed concerning the use of the Hillside Center
and the present occupants, the Neighborhood Services Center;
and the Seibecker Center. Councilman Damonte commented on
8/2/78
Page 12
PARKS/RECREATION
RESO AUTHO LEASE
WITH ELLA H. YAMAS
FOR 3 SO. LINDEN
PUBLIC SERVICES
ORD. NO. 771-78
PROVIDING NUMBERING
SYSTEM - HOUSES
2nd Reading/Adopt
140
the possibility of using the E1 Rancho School and suggested
that the School District be approached for use of a portion
of the building on a temporary basis.
After further discussion, Director of Parks and Recreation
Norton stated that, along with meeting with the School District
to work in this direction, he would request authorization to
contact the lessor of 3 South Linden Avenue and use Council's
action this evening as leverage for renegotiations and come
back to Council with the options.
Brief discussion followed after which the Director of Parks
and Recreation was requested to come back to Council with
a progress report.
Public Hearing - Ordinance providing a numbering system for
all houses or other structures in the City of South San
Francisco.
Staff Report, dated August 2, 1978, recommending Council
introduce and read for the second time the ordinance and pro-
ceed with the adoption.
After a brief explanation by the Director of Public Services,
Mayor Borba declared the Public Hearing opened.
Mayor Borba asked if anyone wished to speak in favor of the
matter. As no one spoke, he asked if anyone wished to speak
in opposition to the ordinance. There were none. Mayor
Borba declared the Public Hearing closed.
Mayor Borba 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 Councilwoman
Teglia and passed by unanimous vote.
Councilman Damonte moved that the ordinance entitled, "AN
ORDINANCE PROVIDING A NUMBERING SYSTEM FOR ALL HOUSES OR
OTHER STRUCTURES IN THE CITY OF SOUTH SAN FRANCISCO," the
entire reading of which has been duly waived, be passed and
adopted, seconded by Councilman Acosta and passed by the
following roll call vote.
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri;
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
8/2/78
Page 13
141
PUBLIC SERVICES
RESO. NO. 98-78
AUTHO AGREEMENT
ACQUISITION OF
IMPROVEMENTS
GELLERT BLVD.
EXTENSION PROJECT
ASSESSMENT DIST
CONTRACT CHANGE
ORDER - GELLERT
BLVD. EXTENSION
PROJECT ASSESS-
MENT DISTRICT
RESO. NO. 99-78
AWARD OF CONTRACT
GELLERT BLVD EXT
PROJECT ASSESSMENT
DIST PHASE II
STREET IMPROVEMENTS
PROJECT ST 77-5A
Staff Report, dated August 2, 1978, recommending that
Council adopt the resolution for the Agreement for the Acqui-
sition of Improvements on Gellert Boulevard Extension Project
Assessment District.
Director of Public Services Addiego explained the agreement
after which Councilwoman Teglia introduced the resolution
entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR ACQUISITION OF IMPROVEMENTS GELLERT BOULEVARD EXTENSION
PROJECT ASSESSMENT DISTRICT (PROJECT NO. ST 77-2)."
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri~
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
Staff Report, dated August 2, 1978, recommending that
Council approve and authorize the Superintendent of Streets
to execute the Contract Change Order No. 2 for the Gellert
Boulevard Extension Project Assessment District.
Discussion followed between Council and the Director of Public
Services regarding the completion of the building and street.
He indicated that the street will be through, Westborough to
King Drive, by December 20 or 75 days after Notice to Proceed.
Mr. Ted Tronoff, Engineer for the Assessment District, ex-
plained the Change Order after which Councilman Acosta moved,
seconded by Councilwoman Teglia and regularly carried, that
Change Order No. 2 be approved and the Superintendent of
Streets be authorized to execute the Contract Change Order
for the Gellert Boulevard Extension Project Assessment District.
Staff Report, dated August 2, 1978, recommending that Council
adopt the resolution awarding Gellert Boulevard Extension
Project Assessment District Phase II Project No. ST-77-5A
to the lowest responsible bidder.
Director of Public Services Addiego explained the bids re-
ceived and stated that the low bidder was McGuire and Hester
with the bid of $546,630, and staff would recommend accepting
the bid of McGuire and Hester.
Discussion followed between Council and the Director of Public
Services regarding items in the bid package and their scrutiny;
estimated quantities of material and bidding.
In answer to Council's inquiries, Mr. Ted Tronoff, Engineer,
explained the estimated quantities of asphalt, the proper
strength of paving to prevent failure of the street, and
prices of rock tonnage.
8/2/78
Page 14
142
PUBLIC SERVICES
RESO. NO. 99-78
AWARD OF CONTRACT
GELLERT BLVD EXT
(Continued)
RESO. NO. 100-78
APPROVING PLANS &
SPECS AUTHORIZING
WORK; CALL FOR BIDS
1978-79 ST RESUR-
FACING PROGRAM
PROJECT ST-78-1
RECESS:
RECALL TO ORDER:~
RESO. NO. 101-78
APPROVING PLANS &
SPECS AUTHORIZING
WORK; CALL FOR BIDS
1978-79 COLMA CREEK
DREDGING PROGRAM
After lengthy discussion in which Director of Public Services
Addiego stated the City would have an inspector on the site
for constant inspection, Councilman Acosta introduced the
resolution entitled: "A RESOLUTION OF AWARD OF CONTRACT
GELLERT BOULEVARD EXTENSION PROJECT ASSESSMENT DISTRICT
PHASE II - STREET IMPROVEMENTS PROJECT NO. ST-77-5A."
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, Emanuele N. Damonte, Terry J. Mirri, and Councilwoman
Roberta Cerri Teglia. Noes, Councilman William A. Borba.
Absent, none.
Staff Report, dated August 2, 1978, recommending that Council
adopt a resolution authorizing staff to advertise for bids
for the 1978-79 Street Resurfacing Program.
Director of Public Services Addiego remarked that because
of construction in two areas, he would like to delay two
streets for improvements - Grand and Chestnut Avenues to
Mission Road, and Grand and Mission Road to City limits.
After discussion concerning the impact of SamTrans buses
on the City's streets, Councilwoman Teglia introduced the
resolution entitled: "A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR
1978-79 STREET RESURFACING PROGRAM (PROJECT ST-78-1 )."
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri;
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
Mayor Borba declared a recess at 10:56 p.m.
Mayor Borba recalled the meeting to order at ll :04 p.m.,
with all Council present.
Staff Report, dated August 2, 1978, recommending that Council
adopt a resolution authorizing the staff to advertise for
bids for the 1978-79 Colma Creek and Tributaries Dredging
Program, Project No. SD-78-2.
Director of Public Services Addiego explained the resolu-
tion calling for bids for the dredging of Colma Creek.
Discussion followed concerning the use and stock-piling of
silt, poor quality of the material and its being hauled away.
Councilman Damonte introduced the resolution entitled:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZ-
ING THE WORK AND CALLING BIDS FOR 1978-79 COLMA CREEK
AND TRIBUTARIES DREDGING PROGRAM (PROJECT NO. SD-78-2)."
"A
8/2/78
Page 15
PUBLIC SERVICES
RESO. NO. 101-79
(Continued)
ORD AMENDING BLDG
CODE ORDINANCE
691-75 (TABLE 3-A)
1st Reading/Intro
ITEMS FROM COUNCIL
BART'S POSSIBLE
ENTRY INTO SAN
MATEO COUNTY
BRENTWOOD PARKING
LOT
"NO SMOKING"
COUNCIL MEETINGS
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri;
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
Public Hearing - Amending Building Code Ordinance as amended
(Table No. 3-A).
Staff R~port, dated August 2, 1978, recommending Council
introduce and read for the first time the proposed ordinance.
The Director of Public Services explained the matter after
which Mayor Borba declared the Public Hearing opened.
Mayor Borba asked if anyone wished to speak in favor of the
ordinance. As no one spoke, Mayor Borba asked if anyone
wished to speak in opposition. No one spoke. Mayor Borba
declared the Public Hearing closed.
Mayor Borba 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. Council-
woman Teglia moved that reading of the ordinance in its en-
tirety be waived and that the ordinance be introduced and
read for the first time by reading title only, seconded by
Councilman Damonte and passed by a unanimous vote.
Councilman Damonte moved that the ordinance entitled, "AN
ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING BUILD-
IND CODE ORDINANCE 691-75, AS AMENDED (TABLE NO. 3-A)," the
entire reading of which has been duly waived, be introduced,
seconded by Councilwoman Teglia and passed by the following
roll call vote.
Roll call vote was as follows: Ayes, Councilmen Ronald G.
Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri;
Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none.
Mayor Borba stated that he had been made aware that BART would
again be making an approach to enter into San Mateo County. He
commented on the possible monetary contributions to BART.
Councilman Acosta spoke about the matter of the Brentwood
parking lot. A brief explanation was offered by the City
Manager who stated that a previous report submitted to Council
would be given to Councilman Acosta and Councilwoman Teglia.
Councilman Acosta next brought up the matter of "No Smoking"
restrictions in the Council Chambers. In reply, Council up-
held the previous "No Smoking" in formal and informal Council
meetings.
8/2/78
Page 16
ITEMS FROM COUNCIL
SAN MATEO REGIONAL
PLANNING COMMITTEE
REPORT ~_~~
LITTER LAW
EFFORT IN S.F. TO
PREVENT ACCIDENTS
GOOD AND WELFARE
REQUEST OF MR.
JAMES C. ELMORE
TO APPEAR IN
EXECUTIVE PERSONNEL
SESSION
TRAFFIC COMPLAINT
JUNIPER AVENUE
Councilwoman Teg!ia stated that she had received copies of
the report of the San Mateo Regional Planning Committee and
requested that it be reviewed by staff and scheduled for a
future meeting.
Councilwoman Teglia next brought to Council's attention an
article from the San Francisco Progress concerning a litter
law in a neighborning community.
Councilman Damonte spoke on a concentrated effort in San
Francisco to prevent accidents by not allowing double parking
or jay-walking, and by informing the public of such.
Mayor Borba spoke about receiving complaints from residents
whose homes were being marred by specks. He requested the
City Manager to investigate the situation.
As there was nothing more from Council, Mayor Borba asked if
anyone present had anything they wished to offer under Good
and Welfare.
Mr. James C. Elmore, 642 Commercial Avenue, requested that
he be allowed to meet with Council in the Executive Personnel
Session to discuss his matter.
The restrictions of the Executive Personnel Session were
explained to Mr. Elmore and also the confidentiality of
the session.
Mr. Elmore explained his feelings and commented on the mis-
understandings which had occurred.
Discussion followed among Council, City Attorney, and Mr.
Elmore concerning the time and presence of Mr. Elmore in
this session.
Councilman Acosta requested the City Manager to meet with
Mr. Elmore in a private discussion and report to Council
in Executive Session.
Mrs. Anita Jiminez, 227 Juniper Avenue, spoke in protest
concerning the traffic problem on Juniper Avenue. She
cited many occasions of parking violations, resulting in
the blocking of her driveway.
Police Chief Datzman responded to Mrs. Jiminez. He stated
that he would investigate the complaints and respond to Mrs.
Jiminez, with a report to City Council.
Mayor Borba requested that the street be looked at from a
zoning and engineering aspect to relieve the congestion.
8/2/78
Page 17
145
ADJOURNMENT
EXECUTIVE PERSONNEL
SESSION
RECALL TO ORDER:
Mayor Borba adjourned the meeting to an Executive Personnel
Session at !2:05 a.m.
Mayor Borba recalled the meeting to order at 12:10 a.m.,
with all Council present.
Mayor Borba adjourned the meeting to Wednesday, August 9,
1978, at 1:30 p.m., in the Conference Room, City Hall, at
which time an Executive Personnel Session would be held.
Time of adjournment: 12:12 a.m.
RESPECTFULLY SUBMITTED:
APPROVED:
Ma~r~t M. Pettigrew, Ci ~t~/Clerk
City-df South San Francisco
am A. Borba, ~a~or
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.
8/2/78
Page 18