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HomeMy WebLinkAboutMinutes 1979-07-05Mayor Terry J. Mirri Vice Mayor Ronald G. Acosta Council: William A. Borba Emanuele N. Damonte Roberta Cerri Teglia MINUTES CITY COUNCIL W. Orange Avenue Library Auditorium July 5, 1979 AGENDA ACTION TAKEN Regular Meeting Regular Meeti ng CALL TO ORDER - (TF-O01) 7:35 p.m., Mayor Mirri presiding. Council present: Acosta, Borba, Damonte, Teglia, and Mayor Mirri PLEDGE OF ALLEGIANCE Reci ted AGENDA REVIEW AGENDA REVIEW Executive Personnel Session Request Request for Executive Personnel Session at con- clusion of meeting to discuss property litiga- tion and legislation. No objections - so approved. Item 17 continued Request for Item 17 be continued to July 18. No objections - so approved. Itesm 20 to remain as listed Request for Item 20 be moved forward on agenda. Consensus of Council that Item 20 remain as listed on the agenda. Item 6 withdrawn from agenda Request for Item 6 on Consent Calendar be withdrawn at the request of appellant. No objections - so approved. CONSENT CALENDAR - (TF-O16) CONSENT CALENDAR 1. Minutes of Regular meetings of 6/6/79 and 6/20/79 Approved 2. Claim as filed by W. P. Hitchcock, Denied and referred to Insurance Carrier and Atty at Law, on behalf of Susan and to Office of City Attorney. Christopher O~Dell, for alleged per- sonal injuries sustained, as a result of sign-posting negligence 3. Claim as filed by Ricnara Marlowe Denied and referred to Insurance Carrier and alleging damages as result of vehicul,tr to Office of City Attorney. incident ~-Z~ 4. Staff Report 7/5/79 recommending award Awarded bid to Red Star Industrial Service of contract - Laundry Service of Oakland, CA. AGENDA (Continued) CONSENT CALENDAR (Continued) ACTION TAKEN (Continued) CONSENT CALENDAR (Continued) 158 Be Staff Report 7/5/'79 recommending award Awarded bid to Zellerbach Paper Co. of South of contract - Custodial Paper Supplies San Francisco, CA. 7. Staff Report 7/5/79 recommending Publi'c Heafing date of August !5, !97~ set for rezoning - RZ-79-59 - Hansen- Cole Development Company 8. Staff Report 7/5/79 reco~ending Public Hearing date of August 1~5, 197~ set for appeal - UP-78-440 - Bayland Development Company 9. Staff Report 7/5/79 recommending adoption of Reso - Cable TV Franchise 10. Staff Report 7/5/79 recommending adoption of Reso - Animal Control Agreement with San Mateo County Public Hearing set for August 15, 1979 Public Hearing set for August 15, 1979 Withdrawn from Consent Calendar for discussion. Withdrawn from Consent Calendar for discussion. M/S Acosta/Damonte - That Items 1-8 of the Consen Calendar be approved. Carried by majority vote; Borba, abstaining. 10. Staff Report 7/5/79 recommending adoption of Reso - Animal Control Agreement with San Mateo County Council questioned the fee schedule based on ½ population and ½ assessed valuation based on the Civil Defense formula for 1979-80. Assistant to City Manager Michael Wilson explaine the reasoning for the adoption of the previous Ordinance as an urgency measure and the appor- tioned hours and services rendered to the City. Council objected to the formula of assessed valuation as the criteria for the City's share. City Manager Birkelo explained that this had received the consent of the 19 participating cities. Council directed Staff to seek a more equitable formula for the next year's agreement; to ascertain the percentage of licensed animals for each city; and to provide Council with in- formation as to the amount of City services from the Humane Society in comparison to other cities in San Mateo County. (TF-080) A RESOLUTION AUTHORIZING CONTRACT FOR ANIMAL SERVICES WITH THE COUNTY OF SAN MATEO OR ITS DESIGNEE M/S Acosta/Damonte - So moved and that the Reso- lution be introduced. RESOLUTION NO. 76'79 Adopted unanimously by voice vote. 7/5/79 Page 2 AGENDA (Continued) CONSENT CALENDAR (Continued) 9. Staff Report 7/5/79 recommending adoption of Reso - Cable TV Franchise A RESOLUTION EXTENDING WESTERN TV CABLE'S FRANCHISE IN ACCORDANCE WITH SECTION 21 OF ORDINANCE NO. 547 APPROVAL OF BILLS - (TF-096) ll. Regular Bills of July 5, 1979 FINANCE 12. Staff Report 7/5/79 recommending rejection of bids and request for rebid for 40~ aerial platform truck & related hydraulic pruning apparatus (TF-123) ACTION TAKEN (Continued) CONSENT CALENDAR 159 Councilman Borba inquired if there would be automatic rate increases to the subscribers. Assistant to City Manager Wilson explained that this extends the franchise agreementi and in the ensuing months, Staff will have the opportunity to review and redraft the franchise to concur with recent changes in the law. M/S Teglia/Damonte - That the Resolution be introduced. RESOLUTION NO. 77-79 Adopted unanimously by voice vote. APPROVAL OF BILLS City Manager Birkelo explained the following lists of bills, including the deleted list from the meeting of June 20, the current June 29 chargeable against last year's budget, the July 5 date chargeable against this year's budget M/S Teglia/Acosta - That the deleted bills of June 20 be approved. Approved by majority vote; Borba, abstaining. Due to a conflict of interest, Councilman Borba recited the list of bills he wished deleted. M/S Borba/Acosta - That the bills of July 5, 1979 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 City Manager Birkelo explained the receipt of two unsatisfactory bids and requested that Staff be authorized to go to bid again, and that Counci include in the new budget adequate amount to meet the cost of the project rather than supple- ment last year~s budget. M/S Damonte/Teglia - So moved. Approved unanimously by voice vote. 7/5/79 Page 3 AGENDA (Conti hued) CITY MANAGER ACTION TAKEN (Continued) CITy MANAGER 160 13. Staff Report 7/5/79 recommending adoption of Ordinance establis'hing Animal Control Regulations & Pr°- cedures; repealing Ord. 779-78 (TF-150) City Manager Birkelo explained the language which had been included in the previous Ordinance and the recommendation to reinstate it in this Ordi- nance to permit more effective control. M/S Borba/Acosta - 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. M/S Borba/Teglia - That the Ordinance be passed and adopted. 2nd Reading/Adoption AN ORDINANCE ESTABLISHING ANIMAL CONTROL REGULATIONS & PROCEDURES ORDINANCE NO. 794-79 Adopted unanimously by voice vote. 14. Public Hearing - UP~79-488/Teani Staff Report 7/5/79 recommending Council uphold decision of Planning Commission in approval - except for proposed revision of Condition No. 1 (TF-167) City Manager Birkelo explained the action of the Planning Commission. He stated that it was the appellant's intent not to use the addition as part of the commercial area but to use it for residential/other incidental use. It is Staff's recommendation to uphold the decision of the Planning Commission with the exception of sub- stituted wording in Condition No. 1. Mayor Mirri opened the Public Hearing. Assistant Planner Mark Wheeler stated the eight other conditions still apply and the appellant had agreed to the revised Condition No. 1. Mr. Dario Teani responded in the affirmative to the Mayor's inquiry of approval. As no one else spoke, Mayor .Mirri declared the Public Hearing closed. M/S Teglia/Damonte - That the decision of the Planning Commission be upheld, with the substi- tution of the revised Condition No. l: The ground floor of the two-story addition shall be used only for storage, laundry room and other related and incidental uses to the residence and shall not be used for commercial purposes. Carried unanimously by voice vote. 15. Staff Report 7/5/79 recommending Council adopt the Reso renaming por- tion of School St. to Spruce Ave. (TF-190) City M~na§er Birke!o recapitulated the discussio and stated the petitioners had been informed by Mr. BettUcchi and were in agreement to the re- naming of a portion of School Street. 7/5/79 Page 4 AGENDA (Continued) CITY MANAGER (.Continued) 15. Staff Report 7/5/79 recommending adoption of Reso renaming portion of School St. to Spruce Ave. (Continued) A RESOLUTION ORDERING THE CHANGE OF NAME OF STREET - SCHOOL STREE TO SPRUCE AVENUE PARKS AND RECREATION 16. Staff Report 7/5/79 recommending adoption of Reso authorizing appli- cation for funds through SB 174 Senior Citizens Center (TF-244) A RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS UNDER ROBERTI-Z!BERG URBAN OPEN-SPACE & RECREATION PROGRA~ POLICE 18. Staff Report 7/5/79 submitting pro- posed Palmistry Ordinance for review (TF-254)_ ACTION TAKEN (Continued) CITY MANAGER In answer to Council's inquiry for future ex- tension to Hillside, the City Attorney explained the permit for the operation of the commercial center, the three easement-interests and 3-4 liens in that area. He stated that it would be preferable not to have a roadway unless there was substanti~ cover over the pipes. Council addressed the issues of liability, the danger of compaction to the pipes through access to the street, and posting to indicate the street These were explained by the City Attorney. M/S Acosta/Teglia - That the Resolution be introduced. RESOLUTION NO. 78-79 Adopted by majority vote; Borba and Damonte, voting "No." PARKS AND RECREATION City Manager Birkelo explained that these funds are available for use in connection with the Municipal Services Building for Senior Citizens which will be included therein. Council questioned the use of the Urban Open Space Funds for Senior Citizens center within a renovated building. Director of Parks/Recreation Norton explained that to encumber funds for this year, a prelim- inary application had been submitted and this project was fundable and would be allowed for an indoor facility. M/S Damonte/Acosta - That the Resolution be introduced. RESOLUTION NO. 79-79 Adopted unanimously by voice vote. ~POL!CE Chief of Police Datzman distributed a sheet of "definitions" to further explain the proposed Ordinance, He stated that this Ordinance would allow the legitimate palmistry business to oper- ate and would allow Staff to screen the illegi- timate types of activities. 7/5/79 Page 5 AGENDA (Continued) POLICE (Continued) 18. Staff Report 7/5/79 submitting pro- posed Palmistry' Ord. for reView (Continued) PUBLIC SERVICES 19. Staff Report 75/79 recommending second reading/adoption of Ord. adopting 1976 Edition of Uniform Housing Code (TF-306) ACTION TAKEN (Continued) POLICE 162 The Chief of Police explained the services offered in answer to Council's inquiry what constitutes a "legitimate" Palmistry. Council addressed Section II'- Advertising Prohibited - and means of identification. At the invitation of Mayor Mirri, Mrs. Helen Price, 350'Myrtle Avenue, Redwood City, commented on a previous petition signed by the businessmen in So. San Francisco opposing this type of activity. She stated that this type of business would downgrade the established businesses. Chief Datzman stated that an Ordinance will be drafted for future presentation to Council Council recessed from 8:35 - 8:55 p.m.; all Council present. PUBLIC SERVICES City Manager ~Birkelo reiterated that this Ordi- nance is a desirable tool to add to the other Codes the City has. Council remarked that the request for legislative intent of Council of no arbitrary abuse by Staff did not appear in the Ordinance; and requested the definition of "nuisance." City Attorney Noonan explained "nuisance" could apply as a threat to public health and welfare. He further explained Council's right to implement removal of noxious and dangerous situations. He explained the provisions of Ord. No. 405. Council addressed Section 201(c), Subsection (2) and the problems in certain areas of the City, and was advised that this Ordinance would reach that area, as well as abandoned vehicles, as well as Ord. No. 405 - all three Ordinances. Visual pollution was next addressed where dilapi- dated structures were present. The City Attorney stated he understood Council's concerns and would compose a legislative intent section and the matter of commercial exploitati~ This would be an addendum to the Ordinance. M/S Acosta/Damonte - 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. 7/5/79 Page 6 AGENDA (Continued) PUBLIC SERVICES (Continued) 19. Adoption of 1976 Edition of Uniform Housing Code (~ontinued) 2nd Reading/Adoption AN ORD. OF THE CITY OF SO. SAN FRAN- CISCO REGULATING HOUSING STANDARDS & ADOPTING BY REFERENCE THE UNIFORM HOUSING CODE, 1976 EDITION 20. Staff Report 7/5/79 recommending review & receive Summary of Bids - Downtown Revitalization Project Assessment District No. ST-79-1 (TF-381) (TF-454) (TF-465) ACTION TAKEN (Continued) PUBLIC SERVICES (Continued) ~.G~ Carried ~unanimously by voice vote. M/S AcoSta/Teglia - That the Ordinance be passed and adopted. ORDINANCE N0~795-79 Adopted unanimously by voice vote. City Manager Birkelo explained that there were two Staff Report on the subject, dated 7/5/79, (1) information with respect to the bids; (2) recommendation to expand the Advisory Committee to review the project & make recommendations to Council for further action. He commented on the construction limitations so as not to inconven- ience the merchants and the revision of the project plans to accomplish the original project objectives but within a different time frame. He further recommended that the Council autho- rize the expansion of the Advisory Committee to include six representatives of the owners and merchants, two Councilmembers to work with consultants & Staff and make recommendations to Council. Councilman Borba moved that the bids be rejected. The City Manager counseled Council regarding the rejection of the bids at this time. Motion died for lack of a second. After an explanation by the Director of Public Services Addiego regarding items and costs on bidding list, Mayor Mirri invited anyone in the audience to speak on the subject. Mr. Sydney Flores, Attorney at Law, spoke in opposition to the project and requested that, because this matter is in litigation and be- cause the bids came in in such high amounts, Council should entertain the vacating of the decision to go ahead with the Assessment District Mr. Milton Bronstein, merchant and property owner on Grand Avenue, expressed his concerns of not acting too hastily until the Committee has had the opportunity to meet and discuss the project. No one else spoke. 7/5/79 Page 7 AGENDA (Continued) PUBLIC SERVICES (Continued) 20. Downtown Revitalization Project (Contilnued) ITEMS FROM STAFF 21. Report on disposition of Magnolia Center (TF-469) (TF- 537) Assembly Bill No. 1843 (TF-553) ITEMS FROM COUNCIL Discussion re Consent Calendar [TF-570)_ ACTION TAKEN (Continued) PUBLIC SERVICES City Manager Birke!o stated that, unless Council indicates any objections, Staff will proceed w~th the Committee to develop these alternatives and come back to Council with some recommendation No objections were expressed. ITEMS FROM STAFF Director of Parks and Recreation Lyle Norton reviewed the Staff Report which explained the past history and current condition of the build- ing. He spoke about the potential hazards and security employed to decrease the vandalism to the interior and exterior. Council commented on the immediate needs and the liabilities involved in the building; the re- modeling and renovation of the structure. It was suggested that Staff search for previous plans developed for the renovation of Magnolia Center. Council concurred in having this matter placed on the ballot for citizen-decision. It was the consensus of Council that the restor- ation of Magnolia Center be placed on the ballot should time allow. Staff was directed to develop estimates and legislation for placement on the ballot. With the approval of Council, City Manager Birket commented on AB 1843 regarding the Dept. of State Housing & Community Development. He remarked that this legislation is basically the position taken by the League of California Cities and that the various guidelines are advisory in nature and not bi~ing upon the cities. Council directed Staff to prepare a statement for the next meeting endorsing this legislation. ITEMS FROM COUNCIL Council debated the matter of the Consent Calendar, its purpose, and the right of removal of items for discussion. Council agreed to have this matter placed on the Study Session agenda for discussion. Council agreed to meet in Study Session on Wednesday, July Il, !979. 7/5/79 Page 8 AGENDA (Continued) ITEMS FROM COUNCIL (Continued) Inquiry. re Computer/Treatment~Plant (TF-598} Airport Noise (TF-600) Comprehensive Study Book as prepared by the County of San Mateo for County Housing Needs (TF-630) Suggestion of Council to have the Study of Mr. Gilfillan presented at Noise Abatement Meeting (TF-654) Comments re number of animals allowed in certain Ordinances (TF-657) ACTION TAKEN (Continued) ITEMS FROM COUNCIL 165 In answe? to Council!s inquiry regarding the Treatment Plant Computer, City' Manager Birkelo stated that a Progress Report would be submitted to Council. Councilwoman Teglia spoke about the recent pre- sentation by Mr. Gilfillan regarding the Land- Use Study~s consideration to mitigate the noise caused by the airport. She spoke on one of the mitigating efforts which was the implementation of the Shoreline Departure Route, resulting in a wide arc over City Hall and neighboring resi- dential areas and causing frequent, loud noise. Council expressed its opposition to the City's exposure to this route's noise pollution, and requested more information on the matter. Councilwoman Teglia addressed the issue of a comprehensive strategy book, prepared by the County of San Mateo, which addressed the needs of housing in the County. She expressed her concerns on the restrictions and recommendations placed on cities and the request for the estab- lishment of a task force to "spearhead the im- plementation of these programs." It was Council's decision to read the study and discuss it so that appropriate steps might be taken. Councilman Acosta suggested that the study as presented by Mr. Gilfillan with other alternative for noise abatement be brought to the Airport Noise Abatement meeting on July 6, 1979. Councilman Damonte questioned the new animal Ordinance as having no restrictions for the amount of animals while the recently-adopted R-E Zone Ordinance placed such restrictions. City Attorney Noonan explained the controlling measures by the system of permit of the Health Department and the right of Council to proceed against a person for nuisance if the number of animals exceeds that which are kept in a healthy and sanitary condition. As there was nothing further from Council, Mayor Mirr~ invited anyone to speak under Good and Welfare, 7/5/79 Page 9 AGENDA (Continued) GOOD AND WELFARE Suggestion for Location Palm-reading Establishment (TF-690) Comments re Absentee Landlords and Deteriorating Houses (TF-716) Executive Personnel Session (TF-794) ACTION TAKEN (Continued) GOOD AND WELFARE 166 Mrs. Helen Price, 350 Myrtle Avenue, Redwood City commented on the City Council of San Carlos which voted a red-light district for an area in which pornographic materials could be boug~ and sold. She felt the palm-reading might be designated to a certain area. She further expressed her support to the renovation of the Magnolia Center for a Senior Citizens Center and suggested pub- licity for this support. Mr. Jake Jones, 12 E1Campo Drive, asked if any- thing is being done concerning rental property to control conditions so that a ghetto-like state would not exist. He remarked about an excess number of cars occupying a 50-ft. frontage and requested assistance in these regards. Mr. Jones was informed that this would be con- trolled under the Uniform Housing Code. Mr. Jones continued by reciting an incident in which a realtor advised him to move because of the adjacent deteriorating homes. Mayor Mirri requested the City Attorney to in- vestigate some vehicle to control non-owner occupied property in single-family dwellings. City Attorney Noonan replied in the affirmative and suggested the use of the "Nuisance" Ord., & a call to the realtors involved. Council requested the Parking Permit situation brought to a Study Session for their perusal. Council directed Staff to work on the various factors of control, i.e., parking, weeds, etc., to control the non-occupied buildings. As there was nothing further, Council adjourned to Executive Personnel Session at 10:17 p.m. M/S Borba/Teglia to ajourn to EXecutive Session Unanimously carried by voice vote. Meeting was recalled to order at 12:30 a.m., all Council present. Litigation & legislative matters were dicussed. No action taken. M/S Damonte/Borba - That the meeting stand adjourned. Carried unanimously by voice vote. Time of adjournment: 12:32 a.m. 7/5/79 Page 10 RESPECTFULLY SUBMITTED, M~..r~t~/?. Pettigrew, City ~l~rk Cii~yL~ South San Francisco APPROVED: ~r~J'. Mi~/~, Mayor City of Sou~h~San Francisco 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 are available for inspection, review and copying. 7/5/79 Page ll