HomeMy WebLinkAboutMinutes 1979-06-06Mayor Terry J. Mirri
Vice Mayor Ronald G. Acosta
Counci'l:
William A. Borba
Emanuele N. Damonte
Roberta Cerri Teglia
MINUTES
CITY COUNCIL
136
W. Orange Avenue Library Auditorium
June 6, 1979
A G E N D A
Regular Meeting
CALL TO ORDER - (TF-OO1)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
Presentation by Western TV Cable
House of Representatives Sessions
to be televised
CONSENT CALENDAR
Minutes of Regular Meeting 5/16/79;
Adjourned Regular Meetings of
5/23/79 and 5/30/79
2. Staff Report 6/6/79 - approval of
Laundry Supply Requirements &
authorizing bids for Rental/Serv.
3. Staff Report 6/6/79 - authorizing
bids - Custodial Paper Supplies
4. Staff Report 6/6/79 - award of
bid - Liquid Chlorine
5. Staff Report 6/6/79 - authorizing
advertisement/bids 1957 FWD Fire
Pumper Truck; 2 PST cars
6. Staff Report 6/6/79 - authorizing
advertisement/purchase 40' aerial
platform truck/pruning apparatus
ACTION TAKEN
Regular Meeting
7:30 p.m. Mayor Mirri presiding.
Council present: Acosta, Borba, Damonte, Teglia
and Mayor Mirri
Recited
AGENDA REVIEW
City Manager Birkelo stated that Mr. James
Stowell, WTVC, wished to give a brief presentatiol
regarding a new TV service.
No objections - so approved.
Mr. James Stowell, WTVC, briefly outlined the
pr~ram to be presented on Channel 6, 9:00 a.m. -
1:30 p.m. of the United States House of Repre-
sentatives' Sessions, operated by satellite
system C-Span.
CONSENT CALENDAR
AGENDA (Continued)
CONSENT CALENDAR (Continued)
e
Staff Report 6/6/79 - authorizing
execution of Agmt with PG&E - Under-
grounding of Electrical Services at
Kimball & Swift Ave. Pump Station 3
Be
RESOLUTION AUTHORIZING AGREEMENT PG&E
Staff Report 6/6/79 - recommending
adoption of Reso
e
RESOLUTION AUTHORIZING EXECUTION OF
ASSUMPTION AGMT STONEGATE ASSN.
Staff Report 6/6/79 - recommending
adoption of Reso
RESOLUTION APPROVING PLANS & SPECS
AUTHORIZING WORK AND CALLING BIDS
ALTA MESA - KING DRIVE STORM DRAIN
PROJECT NO. SD-79-1
10. Staff Report 6/6/79 - Acceptance of
Subdivision Street Improvements -
Michele Court
7. Staff Report 6/6/79 - recommending
execution of Agmt with PG&E to per-
form undergrounding of electrical
services at Kimball & Swift Aves.
Pump Station No. 3 (TF-037)
RESOLUTION AUTHORIZING AGREEMENT
PG&E CO. KIMBALL & SWIFT AVENUE
PUMP STATION NO. 3
e
Staff Report 6/6/79 - recommending
adoption of reso authorizing execu-
tion of Assumption Agreement -
Stonegate Terrace Condominium Subdv.
(TF-065)
ACTION TAKEN (Continued)
CONSENT CALENDAR (Continued)
137
M/S Teglia/Acosta - That Items 7 and 8 be remove(
from the Consent Calendar for discussion.
Carried unanimously by voice vote.
RESOLUTION NO. 61-79
M/S Borba/Teglia - Consent Calendar, exception of
Items 7 and 8, be approved and Resolution be
adopted.
Carried unanimously by voice vote.
City Manager Birkelo explained that this in-
volves the pump station at Kimball & Swift Aves
He further expalined the proposal of the ad-
jacent developer to improve the condition of the
site and the City's budgeted fund to underground
the facility to esthetiCally improve the
situation.
Council discussed previous meetings in which ex-
tension of the City's easement to facilitate
parking was considered.
M/S Teglia/Acosta - That the matter be continued
for further information.
Carried unanimously by voice vote.
City Attorney Noonan explained that when a sub-
divider has a final map, an executed agreement
to install public improvements is required and
a bond is filed to complete those improvements.
He further explained the obligations of the
subdivider.
In response to Mayor Mirri's invitation to
speak, Mrs. Doris Agee, 819 Ridge Court, recite(
a brief history of the unit since 1976. She
inquired if provisions could be required to
prevent reoccurrences of Texcote failure and
sealing problems.
6/6/79
Page 2
AGENDA (Continued) ACTION TAKEN (Continued)
CONSENT CALENDAR (Continued)
CONSENT CALENDAR (Continued)
138
Staff Report 6/6/79 - Assumption
Agreement - Stonegate Terrace
Condominium Subdivision
(Continued)
City Attorney Noonan explained the provisions of
an Assumption Agreement and the recorded names of
previous developers through City & County records.
Council questioned if developers could be re-
quired to file a statement of finances when
filing an application; and the responsibilities
of the private developer to bond under the
Planned Community Ordinance.
(TF-139)
Council directed the City Attorney to investigate
the inclusion of the requirement of a developer
to submit a financial statement into the Ordinan~
A RESOLUTION AUTHORIZING EXECUTION M/S Teglia/Acosta - That the resolution be
OF ASSUMPTION AGREEMENT BETWEEN CITY adopted.
OF SO. SAN FRANCISCO AND STONEGATE
ASSOCIATES RESOLUTION NO. 62-79
Adopted unanimously by voice vote.
APPROVAL OF BILLS
APPROVAL OF BILLS
ll. Regular Bills of June 6, 1979
(TF-144)
Due to a conflict of interest, Councilman Borba
recited the list of bills he wished deleted.
M/S Borba/Damonte - That the bills, as amended,
be approved.
Carried unanimously by voice vote.
M/S Acosta/Damonte - That the deleted bills be
approved.
Carried by majority vote; Borba, abstaining.
FINANCE
FINANCE
12.
Staff Report 6/6/79 - recommending
approval of additions to Non-
Departmental Budget for Normal
Processes
(TF-155)
City Manager Birkelo commented on the reduced
City's Operating Budget of 1978/79 and the pur-
chases deferred. He explained the .pending legis-
lation limiting appropriations and recommended
that the Operating Budget 1978/79 be supplemented
to reasonably represent appropriations for a
normalized base year.
A RESOLUTION APPROVING AMENDMENT
0-5 1978-79 OPERATING BUDGET
M/S Acosta/Teglia - That the resolution be
adopted.
RESOLUTION NO. 63-79
Adopted unanimously by voice vote.
6/6/79
Page 3
AGENDA (Continued)
FINANCE (Continued)
ACTION TAKEN (Continued)
FINANCE (Continued)
139
13.
ance Coverage; establishing self-
insurance fund
(TF-169)
Staff Report 6/6/79 - recommending Director of Finance Anderson reviewed Council's
adoption of resos to execute Joint direction of March 21 to continue the study of a
Exercise of Powers Agmt for Insur- joint venture with other San Mateo County cities
to determine the feasibility of creating a Joint
Powers Authority for risk management services
and liability insurance coverage at a more
reasonable cost. He stated that Mr. Sickles of
Kindler and Laucci was present to answer any
questions.
Council inquired concerning a loss-control factor
and adjustments of claims.
Mr. Sickles, Kindler and Laucci, 50 California St.
San Francisco, presented a brief summary of the
coverage and the firm to handle the claims for
participating cities. He further explained the
City's participation in the legal claim cost.
(TF-208)
Council inquired regarding the inclusion of
Workmen's Compensation Self-Insurance which
was explained by Mr. Anderson. Also explained
was the participation of other self-insured
cities and of this City's not being responsible
in sharing anyone else's losses.
The Director of Finance explained that the
second resolution was an acounting-type situation
for combining funds - the appropriation of a
liability contingency fund placed into reserve
for unreported claims.
A RESOLUTION AUTHORIZING EXECUTION
OF A JOINT EXERCISE OF POWERS
AGREEMENT FOR INSURANCE COVERAGE
M/S Acosta/Teglia - That the Resolution be
adopted.
RESOLUTION NO. 64-79
Adopted unanimously by voice vote.
A RESOLUTION ESTABLISHING SELF-
INSURANCE FUND
M/S Acosta/Teglia - That the ResolutiOn be
adopted.
RESOLUTION NO. 65-79
Adopted unanimously by voice vote.
CITY MANAGER
CITY MANAGER
14.
Staff Report 6/6/79 - recommending
adoption of Ord - amending Sec 6
of Ord 449 - Personnel Ordinance
(IF-240)
City Manager Birkelo explained the procedure of
the reorganization of the Parks Division.
Council addressed the issue of the'Yule of 3"
and requested that it be an agenda item.
6/6/79
Page 4
AGENDA (Continued)
CITY MANAGER (Continued)
ACTION TAKEN (Continued)
CITy MANAGER (Continued)
140
14.
Staff Report 6/6/79 - recommending
adoption of Ord - amending Sec 6
of Ord 449 - Personnel Ordinance
(TF-254) ~-m'~
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTION 6 OF
M/S Acosta/Borba - That the reading of the Ord.
in its entirety be waived and that the Ord. be
passed and adopted by reading title only. The
title of the Ordinance had been read.
Carried unanimously by voice vote.
ORDINANCE 449, ADOPTED MARCH 21, M/S Teglia/Acosta - That the Ordinance be
1960, ENTITLED, "AN ORDINANCE OF THE passed and adopted.
CITY OF SO. SAN FRANCISCO RECREATINE
AND RE-ESTABLISHING A PERSONNEL ORDINANCE NO. 791-79
SYSTEM & REPEALING ORDINANCE 216 &
ALL INCONSISTENT ORDINANCES
Adopted by majOrity voice vote; Mirri, voting"No."
15. Staff Report 6/6/79 - recommending City Manager Birkelo recommended adoption of the
adoption of Reso rescinding Deferrec resolution to bring this up to date with the
Compensation Plan as adopted by current IRS regulations concerning deferred
Reso. 85-77 (TF-266) compensation.
A RESOLUTION ADOPTING THE CITY OF
SOUTH SAN FRANCISCO, CALIFORNIA,
DEFERRED COMPENSATION PLAN, AS
REVISED
M/S Damonte/Acosta - That the Resolution be
adopted.
RESOLUTION NO. 66-79
Adopted unanimously by voice vote.
16.
Staff Report 6/6/79 - recommending
adoption of Reso determining Units
for employer-employee relation
purposes (TF-269)
City Manager Birkelo commented on the responsi-
bility.of his office for the composition of
various units.
Mayor Mirri invited anyone to speak.
(TF-276)
Mr. George Popyack, representative of Local 1569
AFSCME, spoke in opposition to the resolution &
stated that the City and Union had put together
a comprehensive MOU in August 1977. He commented
on the forming of the new unit and the represent-
ative rights of that unit. He further commented
on the attempts to resolve the situation. He
requested Council ratify the contract before the
new unit would be created.
(TF-295)
City Attorney Noonan gave a brief background of
the negotiations, the exchange of letters re-
solving the unit determination between ASFCME
and the Stationary Engineers, and the work being
done on the proposed general agreement for the
new negotiating period in July.
Council inquiredregarding the Union membership
of the employees in the Treatment Plant, and the
resolving of Article 20 between the unions.
6/6/79
Page 5
AGENDA (Continued)
CITY MANAGER (Continued)
ACTION TAKEN (Continued)
CITY MANAGER (Continued)
141
16.
Staff Report 6/6/79 - recommending
adoption of Reso determining Units
for employer-employee relation
purposes (Continued)
Assistant to City Manager Wilson recalled the
initial creation of the new unit and stated that
the new contract was ready awaiting the letters
to be exchanged.
(TF-364)
City Attorney Noonan recommended that Council
continue the matter until the unions come to a
more peaceable resolution or allow it to be
settled in a court of law.
M/S Borba/Damonte - That the matter be postponed.
Carried unanimously by voice vote.
Council recessed from 8:48 - 9:00 p.m. - all
Council present.
17.
Staff Report 6/6/79 - recommending
adoption of Urgency Ordinance -
Interim Land Use
(TF-375)
City Manager Birkelo reviewed the previous dis-
cussions held in terms of the impact of excluding
certain uses for 4 months while the General Plan
is under review and the putting of some other
uses under the Use Permit process.
M/S Borba/Acosta - That the reading of the Ord.
in its entirety be waived.
Carried unanimously by voice vote.
1st Reading/Adoption
AN ORDINANCE PROHOBITING SPECIFIED
LAND USES PENDING ADOPTION OF UP-
DATED GENERAL PLAN
M/S Borba/Damonte - That the Ordinance be intro-
duced and passed as an Urgency Ordinance, to be
effective immediately as an Urgency Ordinance as
authorized by Government Code.
ORDINANCE NO. 792-79
Adopted unanimously by voice vote.
18. Staff Report 6/6/79 - recommending
Public Hearing date to consider
appeal on Cond. #1 - Dario Teani -
UP-79-488, Negative Declaration 207
19. Continued Public Hearing
Staff Report 6/6/79 - recommending
adoption of Resolution renaming
Portion of School St. to Spruce Ave
Public Hearing date set for July 5, 1979.
No objections - so ordered.
City Manager Birkelo explained the recommendation
for that portion of the roadway, School Street,
not the total roadway, be renamed to Spruce Ave.,
which would not assume the obligations/liabili-
ties of the right of way.
RESOLUTION ORDERING THE CHANGE OF
NAME OF STREET - SCHOOL ST. TO
SPRUCE AVENUE
(TF-400)
Council questioned the Chief of Police if a
traffic problem was evident to which the reply
was negative. Council further inquired about
resident-reaction to the change of street name.
6/6/79
Page 6
AGENDA (Continued)
CITY MANAGER (Continued)
ACTION TAKEN (Continued)
CITY MANAGER (Continued)
142
19.
Staff Report 6/6/79 - recommending Council debated the issue of whether or not that
adoption of Resolution renaming portion of School Street should be renamed and
Portion of School St. to Spruce Ave. the remainder~ay as it is presently - private
(Continued) property, or table the matter.
M/S Teglia/Acosta - That the matter be continued
until those residents are notified.
Carried unanimously by voice vote.
PARKS AND RECREATION
PARKS AND RECREATION
20.
Staff Report 6/6/79 - recommending
authorization to execute Agreement
for Landscape Architectural Ser-
vices - Sign Hill
(TF-470)
(TF-479)
City Manager Birkelo commented that the Parks &
Recreation Commission had advised to proceed with
the development of the plan for SigniHill Park,
leaving further decisions until such priorities
that plan-development might take. He stated
that the Chairman of the Board was present to
answer any questions.
Mr. Alfred Banfield, Chairman of the Parks &
Recreation Commission, informed Council of the
Commission's recommendation that while they are
in the process of updating the Open Space
Element and reprioritizing, they would like to
have some type of concrete sketch to go by. He
spoke concerning the irrigation system, plantings
and hiking trails.
(TF-505)
Council debated the issue of wild-flower planting,
the need for a park in this area. Council furth~
remarked about the needs of other parks for this
expenditure rather than for open space, the
feasibility of in-house development of Sign Hill
Park, grants received from HUD, 1974 Bond Act.
(TF-656)
(TF-710)
The allocations and priorities of the monies
were next addressed by Council.
M/S Acosta/Damonte - That the $50,000 be approved
for the Plan Design of Sign Hill Park.
Carried by majority vote; Borba, voting "No."
(TF-718)
Councilwoman Teglia suggested that Council direct
Staff & Commission to reprioritize the $50,000
allocated to Sign Hill Park, to divert that
money into the needs of existing parks before
the August 1 deadline.
City Manager Birkelo suggested that, in order to
meet the dea~ineallocation of Sept. 15, the
Commission could expedite the allocation of those
funds for some needed purposes; and when the plan
comes in, should Council agree, some alternate
funding may take place.
6/6/79
Page 7
AGENDA (Continued)
PARKS AND RECREATION (Continued)
ACTION TAKEN (Continued)
PARKS AND RECREATION (Continued)
20.
Staff Report 6/6/79 - recommending
authorizing to execute Agreement
for Landscape Architectural Ser-
vices - Sign Hill (Continued)
(TF-765)
M/S Teglia/Damonte - That the previous motion
be reconsidered.
Approved by majority vote; Borba and Mirri,
voting "No."
City Attorney Noonan explained the legality
of the vote taken.
(TF-804)
M/S Acosta/Mirri - that $5,000 be authorized
for the Design and Plan of Sign' Hill; if the
design cannot be forthcoming timely for the
receiving of the $50,000, then the Parks and
Recreation Commission or Parks Department
prioritize other means or other needs where
this money can be utilized; the designs, or
whatever is necessary, be presented at the
same time so that the $50,000 can be utilized
in some manner.
Motion failed; Acosta, Mirri, voting "Aye,"
Damonte, Teglia, voting "No," Borba, "Abstaining~'
(TF- 827)
M/S Damonte/Teglia - That $5,000 be approved
for the plan; $50,000 be reappropriated to where
it is needed and the park or parks can be desig-
nated; and when future grants or appropriations
come through, the 1976 monies or other grants -
that it be seriously considered for Sign Hill
Park Project.
Carried by majority vote; Mirri, voting "No."
Council recessed from 10:20 - 10:38 p.m.
All Council present.
Presentation by Mr. Richard Silver,
Assemblyman Papan' s Admi ni strati ve
Assistant - AB 111
(TF-833)
With Council's permission, Mr. Richard Silver,
Administrative Assistant to Assemblyman Papan,
spoke concerning legislation on BART & AB 111.
He gave a brief history concerning the storage
contract, turn-around adjacent to BART Station,
and redevelopment and alternative situations.
He commented on the alternative plan whereby
BART would utilize the right-of-ways of Freeways
280 & 380. He further spoke about federal
funding, the discussions with CalTrans, the
locations of stations on route, and the approval
of Daly City and San Mateo County Board of
Supervisors.
Council discussed the confines of the legisla-
tion, the protection of the interests of So.
San Francisco, the second paragraph of Bill 111.
6/6/79
Page 8
AGENDA (Continued)
Presentation by Mr. Richard Silver
(Continued)
PUBLIC SERVICES
21.
Staff Report 6/6/79 recommending
introduction of Ord. regulating
Housing Standards & adopting by
reference Uniform Housing Code
(TF-1090)
(TF-118)
1st Reading/Introduction
AN ORDINANCE OF THE CITY OF SOUTH
SAN F~NCISCO REGULATING HOUSING
STANDARDS AND ADOPTING BY REFER-
ENCE THE UNIFORM HOUSING CODE
1976 EDITION
22. Staff Report 6/6/79 recommending
introduction of Ordinance which
adopts amendment to Ord. 661 in-
creasing sewer connection fees.
(TF-1221)
1st Reading/Introduction
AN ORDINANCE AMENDING ORDINANCE
NO. 661 ADOPTED APRIL 1, 1974,
AS AMENDED, ENTITLED "AN ORDINANCE
REGULATING WASTE DISCHARGES"
ACTION TAKEN (Continued)
144
Mr. Silver commented that he was speaking
before all civic groups, seeking opinions and
was not seeking endorsements.
PUBLIC SERVICES
City Manager Birkelo stated that this matter was
discussed at Council's Study Session at which
time it was indicated that there is a definite
need forthis Housing Code. He further commented
on the target areas; and should Council go into
and extensive effort to redevelop those areas,
this Ordinance would be almost mandatory.
Council questioned if this was not restrictive
legislation placed on low-income residents.
Director of Public Services Addiego replied that
it was not the intent of the Ordinance to be
restrictive, but was needed to supplement other
Uniform Codes.
Chief Building Inspector Roy Ghilardi stressed
the need for the UHC to enforce minimum condi-
tions on dwellings to make them safe for
habitation.
Council discussed "intent" and it's being
abused and a program directed by Council.
M/S Damonte/Borba - That the 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.
Carried unanimously by voice vote.
M/S Acosta/Damonte - That the Ordinance be
introduced by reading title only.
Carried unanimously by voice vote.
City Manager Birkelo explained that the Ordi-
nance embodies the provisiomCouncil directed
for the 25% increase on a continuing basis.
M/S Acosta/Damonte - That the 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.
Carried unanimously by voice vote.
M/S Acosta/Teglia - That the Ordinance be
introduced by reading title only.
Carried unanimously by voice vote.
6/6/79
Page 9
AGENDA (Continued)
ITEMS FROM STAFF
23.
Recommendation for Allocation of
California Library Services Act
Fund
(TF-1239)
24.
Staff Report 6/6/79 - Report to
consider converting the lighting
system from mercury vapor to high-
pressure sodium vapor lanl~s
(TF-1260)
ITEMS FROM COUNCIL
25. Consideration of Current
Legi sl ation
(TF-1414)
(TF-1414)
ACTION TAKEN (Continued)
ITEMS FROM STAFF
145
In response to Council's request for more infor-
mation regarding allocation of these funds which
could be used for a book-charging system/detec-
tion system, City Manager Birkelo responded
that the fund can be used for any library pur-
pose. He recommended that the current year's
allocation be carried over to the next year's
budget for consideration of the two purposes,
and that no action be taken at this time.
No objections - so ordered.
Director of Public Services Addiego briefly
introduced the subject, highlighting the items
in the Staff Report. He explained the conver-
sions to accomplish the conservation of energy
and savings to the City. He stated that Messrs.
Joseph Speers and Douglas Wigton, PG&E repre-
sentatives, were present to answer any questions.
Mr. Joseph Speers, Illumination Engineer PG&E,
commented on his company's embarking on a con-
version program of company-owned lights in
northern San Mateo cities. He stated that
PG&E and City Staff had agreed that color was
not as important as lumens per watt. He
summarized by stating that this program would
provide energy conservation and a more efficient
lighting source.
City Manager Birkelo stated that this would be
part of Council's Study Session, and a film
would be shown by the Police Dept., showing
the importance of lighting for public safety.
ITEMS FROM COUNCIL
City Manager Birkelo stated that Council had
received a copy of the Boatwright Bill; that
SB 858 had died in committee; and the Assembly
had passed the long-term local government
financing program.
Director of Finance Anderson stated that the
City had received a 3-year proposal from the
audit firm of Peat, Marwick, Mitchell & Co. In
accordance with Council's direction, he requestec
that Council appoint two members to a sub-
committee to meet with the auditors.
Mayor Mirri appointed Vice Mayor Acosta and
Councilman Borba to serve on the subcommittee.
6/6/79
Page 10
AGENDA (Continued)
ITEMS FROM COUNCIL
ACTIONTAKEN (Continued)
ITEMS FROM COUNCIL
146
Complaint from Residents of Southwood
Area re "Shopping Center" sign
(TF-1455)
Councilwoman Teglia expressed the concerns of the
residents in the Southwood area of the posting
of a sign indicating a shopping center was to
be constructed there. They had indicated that
"Fairway Plaza" was acceptable but not a
shopping center.
Acting City Planner Daniel Christians responded
that a letter had been drafted concurring with
the residents.
Report re 911 meeting
(TF-1473)
Councilman Damonte reported on a meeting hosted
by the City and attended by representatives from
each of the North County cities and Supervisors
Bacciocco and Fitzgerald concerning 911. It
was the consensus that 911 was not acceptable
because of the financing. He commented on the
embarking in another direction of a joint commu-
nications venture. He spoke of another meeting
scheduled in July and would bring the decision
to Council.
County Council of Mayor's vote
re Federal Housing Guidelines
(TF-1520)
Mayor Mirri reported that, in objection to the
Federal guidelines regulating low and middle
income housing in cities, the San Mateo County
Council of Mayors had voted that funds to en-
force Federal guidelines be withdrawn from the
State Code.
GOOD AND WELFARE
GOOD AND WELFARE
Comment re BART
(TF-1560)
Mr. Larry Casey, resident of Sunshine Gardens,
requested that the City be considered as an
approving entity in regard to the BART legis-
lation.
As no one else spoke, Mayor Mirri entertained
a motion to adjourn.
Adjournment
M/S Borba/Damonte - That the meeting stand
ajourned.
Carried unanimously by voice vote.
Time of adjournment: 12:lO p.m.
RESPECTFULLY SUBMITTED,
APPROVED:
Terry J. M~rri, ~yor
The entries of this Council meeting show the actibn 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.
6/6/79
Page 11