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HomeMy WebLinkAboutMinutes 1979-08-01Mayor Terry J. Mirri Vice Mayor Ronald G. Acosta Council: William A. Borba Emanue!e N. Damonte Roberta Cerri Teglia MINUTES CITY COUNCIL 178 W. Orange Avenue Library Auditorium August l, 1979 A G E N D A Regular Meeting CALL TO ORDER - (TF-O01) PLEDGE OF ALLEGIANCE PRESENTATION RESOLUTION COMMENDING JUDITH ROSATANO AND LOUIS ERCOLI (RESO. NO. 86-79) AGENDA REVIEW (TF-O07) Addition of Item 21 - Report re Crestwood Drive Drainage Problem Request to defer Item 19 CONSENT CALENDAR (TF-Oll) 1. Minutes of Regular Meeting of 7/18/79 2. Application for Leave To Present Late Claim as filed by Eschoo, DuBois, Scott & Pollock, Attys at Law, on be- half of Marie M. Brandfass, alleging negligence of traffic signal function on 7/6/78 3. Claim as filed by CA State Automobile Assn., on subrogated claim (Billy C. & Dorothy McWilliams) alleging damages as result of collision with City vehicle 4. Claim as filed by Julie Ormando alleg- ing property damage as a result of incident involving City vehicle ACTION TAKEN Regular Meeting 7:30 p.m., Mayor Mirri presiding. Council present: Acosta, Borba, Teglia and Mayor Mirri; absent, Damonte Recited PRESENTATION In the absence of Judith Rosatano and Louis Ercoli, Mayor Mirri continued the presentation. AGENDA REVIEW Request for addition of Item 21 under ITEMS FROM STAFF - Report on the current status of Crest- wood Drive Drainage Problem. No objections - so approved. Request to defer Item 19 under PUBLIC SERVICES for the resolution of some legal problems. No objections ~ so approved. CONSENT CALENDAR Approved M/S Borba/Teglia - That the Application be re- jected on the basis that it is untimely in that it does not comply with California Government Code ~ 911(b). Carried unanimously by voice vote; Damonte, abse~ Denied and referred to Insurance Carrier and to Office of City Attorney. Denied and referred to Insurance Carrier and to Office of City Attorney. AGENDA (Continued) ACTION TAKEN (Continued) CONSENT CALENDAR (_Continued) CONSENT CALENDAR The following claims were submitted by City Attorney NQonan requested the Claims Irell & Manella, Attys at Law, on be- No.. 5 through No, 10 be continued to the half of JHS Real Estate Company for next regular meeting. alleged damages in connection with real property comprising: No objections - so approved. Westborough Hills Condo Assn. No. 1 6. Westborough Hills Condo Assn. No. 3 7. Westborough Hills-~ondo Assn. No. 5 8. Westborough Hills Condo Assn. No. 6 9. Westborough Hills Condo Assn. No. 7 10. Westborough Hills Co~o Assn. No. 8 ll. Staff Report 8/1/79 recommending award for Quarterly Leisure Activitie; Brochure. .~L~~ 12. Staff Report 8/1/79 recommending adoption of Reso authorizing Staff to advertise for bids for 1979-80 Street Resurfacing Program Awarded contract to Rapid Printers & Litho- graphers, Inc. 13. RESOLUTION APPROVING PLANS & SPECS, AUTHORIZING WORK & CALLING BIDS FOR 1979-80 STREET RESURFACING PROGRAM, PROJECT NO. ST-79-3 Staff Report 8/1/79 recommending acceptance of Gellert Blvd. Extension Project Assessment Dist., Phase II Street Improvements APPROVAL OF BILLS (TF-030) RESOLUTION NO. 87-79 Acceptance of the Project M/S Borba/Acosta - That the Items 1 through 13, with the exception of 5 through 10, be approved and accepted and the resolutions be adopted. Carried unanimously by voice vote; Damonte,absen APPROVAL OF BILLS 14. Regular Bills of August 1, 1979 Due to a conflict of interest, Councilman Borba recited the list of bills he wished deleted. M/S Borba/Acosta - That the bills of August l, 1979, as amended, be approved. Carried unanimously by voice vote; Damonte,abser M/S Acosta/Teglia- That the deleted bills be approved. Carried unanimously by voice vote; Damonte, abse Borba, abstaining. 8/1/79 Page 2 AGENDA (Continued) CITY ,ATTORNEY,. 15. Staff Report 8/1/79 re Election Alternatives for Restoration of Magnol i .a Center (TF-041) ACTION TAKEN (Continued) CITY ATTORNEY Councilwoman Teglia excused herself at 7;40 p.m. She stated that she owned property within 300 ft. of the subject Magnolia Center. City Manager Birkelo expanded upon the report from the City Attorney by bringing forth several facts for Council's consideration: 1) That the City does not have current accurate estimates of cost of rehabilitation or demolition of the structure and does not have an appraisal on the value of the property for sale purposes; 2) That the use of the property is unclear because of the present Municipal Services building's accommodating most recreational department's activities; 3) The State Legislature has not as yet passed legislation, SB 785 (Foran) which would clarify the availability of seeking voter approval of "Special Tax" for the purposes of funding any rehabilitation project; 4) That a proposition submitted on the Nov. ballot could be only general in nature and would require a second ballot proposition for specific funding. He suggested public hearings be held for public opinions, and the public would be in a better position to make their decision. Council indicated that it was aware of the sub- mittal of the Resolution of Intent by Aug. 24 for the Nov. ballot but felt that the people should have the right to vote on the decision to renovate or demolish the structure. City Manager Birkelo commented that his sugges- tion of public hearings would give Council a feeling of the public's wishes for the uses of the facility and allow for a project specifi- cally designed for its use. Council agreed but that each delay would accel- erate costs and that a study had been made con- cerning the renovation and cost of the center. Council commented that the public might decide not to renovate in the first ballot and would not be an issue on the next election but it was their opportunity to be heard. It was next suggested that the matter be continued to the next agenda when Councilman Damonte would be present. Director of Finance Anderson explained that Council cannot place an Ad Valorum tax and the "Special Tax" is yet to be defined. 8/1/79 Page 3 AGENDA ('Continued CITY ATTORNEY (Continued) 15. Staff Report 8/1/79 re Election Alternatives for Restoration of Magnolia Center (TF-120) CITY MANAGER Staff Report 8/1/79 recommending authorization of Leave of Absence to employee in accordance with Personnel Rules & Regulations Sec. 11.'05 (TF-135) ACTION TAKEN !Continued) CITY ATTORNEY (Continued) It was the consensus of Council that a decision would be withheld until Councilman Damonte was present. It was decided that the meeting would be adjourned to Wednesday, August 8, 1979, 7:00 p.m., for further discussion on the matter. Councilwoman Teglia appeared present at 7:58 p.m. City Manager Birkelo explained the appeal of Communications Dispatcher Wendy Grainger for a 4-months' Leave of Absence rather than the recom- mended 1-month by the Communications Policy Board. He further clarified the maternity leave, disa- bility leave and the request for an extension of the Leave of Absence. Dispatcher Graing~rrelated her previous requests for the Leave of Absence extension and the advice of her Supervisor to submit this request in writ- ing. She further commented on her pregnancy and birth of her child, and of her request which would be without payment or benefits from the City She expanded upon the recent hiring of an addi- tional dispatcher in the unit. Communications Supervisor Dueane Williams explaine the use of the 90-day Sick Leave, L.T.D. program, and the advice to Mrs. Grainger regarding State Law to provide up to 4 months~ Leave of Absence. He commented on the findings of the Communications Policy Board and its recommendation. Councilman Borba moved to grant a 30-day Leave of Absence to Dispatcher Grainger. Motion died for lack of a second. Council discussed the economic consequences of the 11 dispatchers should the request be denied. City Manager Birkelo suggested that Council might consider the possibility of allowing the Supervis( and his office grant the Leave of Absence as coul¢ be available. Council requested clarification of the request for this leave and its cause. City Manager explained that the employee wished t( care for her new-born child while the policy boar( felt it was for the convenience of the employee and not an urgent matter in their view. Mrs. Grainger paraphrased her previous letters requesting full information on what medical leave was available to her. 8/1/79 Page 4 AGENDA (Continued) CITY MANAGER (Continued) 16. !ACTIONS TAKEN (Continued) !CITy MANAGER (Continued) ~ ~ Staff Report 8/1/79 recommending autho-!Mrs. Grainger detailed her pregnancy and the rizati'on of Leave of Absence of em- ~complications of the child's birth. She remarked ployee in accordance with Personnel ~that her doctor and the child's pediatrician had Rules & Regulations Sec. 11.05 (Cont.) advised her that the 4-months' extension would be (TF-267) for her benefit and the child's welfare. M/S Teglia/Acosta - That a 4-months' Leave of Absence be granted to Dispatcher Grainger. Carried unanimously by voice vote; Damonte, absent 17. Public Hearing - Proposed Rezoning of Lands of Cunningham Staff Report 8/1/79 recommending first reading/introduction of Ord. (TF-300) Mayor Mirri declared the Public Hearing opened. City Manager Birkelo explained that this is the first application of the R-E Rural Estates Zoning in that portion of the Country Club Estates. He commented on the recommendation of LAFCO that County island areas of less than 100 acres be annexed to the cities and on the 4 hearings to be held before LAFCO and County Board of Super- visors. He stated it was Staff' recommendation to approve the Negative Declaration and intro- duce the Ordinance. As no one further spoke, Mayor Mirri declared the Public Hearing closed. M/S Borba/Teglia - That the Negative Declaration No. 219 be approved. Carried unanimously by voice vote; Damonte, abseni 1st Reading/Introduction M/S Borba/Teglia - That the reading of the Ordi- AN ORDINANCE OF THE CITY OF SOUTH SAN nance in its entirety be waived and that the FRANCISCO PREZONING A PARCEL DESIGNATEC Ordinance be introduced and read for the first AS THE LANDS OF CUNNINGHAM IN COUNTRY CLUB PARK TO A RURAL ESTATES ZONE time by reading title only. The title was read. Carried unanimously by voice vote; Damonte, absen' M/S Borba/Teglia - That the Ordinance be intro- duced by reading title only. Carried unanimously by voice vote; Damonte, absen RESOLUTION COMMENDING JUDITH ROSATANO AND LOUIS ERCOLI (TF-332) Mayor Mirri took the opportunity to recognize Mrs. Judith Rosatano and requested that she come to the podium. He expressed Council's admiration and commended her for the quick action that saved another person's life. He read the Resolution into the records. Mrs. Rosatano thanked Council for this commend- ation. 8/1/79 Page 5 AGENDA (Continued) POLICE 18. Staff Report 8/1/79 recommending first reading/introduction of Ord. 1 st Readi ng/I ntroducti on AN ORDINANCE REGULATING PALMISTRY AND OTHER SIMILAR PRACTICES (TF-336) ITEMS FROM STAFF 20. Report re Zoning Violations 640 Commercial Avenue (TF-352) PUBLIC SERVICES 21. Status Report on Crestwood Creek Drainage (TF-367) ACTIONS TAKEN (Continued) POLICE City Manager Birkelo that the Ordinance was being introduced, not because of any instance but for a long-term control. Police Chief Datzman explained the change on Page 1, Section 2, clarifying the advertising regarding signs. He explained the other change on Page 4., Section 10 concerning civic control. M/S Borba/Teglia - That the reading of the Ordi- nance in its entirety be waived and that the Ordinance be introduced and read for the first time by reading title only. The title was read. Carried unanimously by voice vote; Damonte, abse~ M/S Borba/Teglia - That the Ordinance be intro- duced by reading title only. Carried unanimously by voice vote; Damonte, abse~ ITEMS FROM STAFF Council requested that the matter be continued until Mr. Elmore could be present. City Manager Birkelo reported that the infor- mation submitted required no action, but was informational only and the infraction had been taken care of. Council requested that Mr. Goldman also be contacted. PUBLIC SERVICES Director of Public Services Yee recapitulated thc problems of the Crestwood Creek Drainage and the direction of Council to negotiate with Colma and County of San MateD. He explained the meetings held and the subsequent preparation of plans & specs with bids to be let some time in August if Council approves. He explained the step leve of 70% of the total cost will be participated in by Colma and County, remaining 30% by City, total cost of $250,00~ He stated the reason he is before Council is that City needs to acquire an easement from the School District and a small piece of property from a private owner. M/S Teglia/Acosta - That the Director of Public Services be authorized to continue negotiations in this regard. 8/1/79 Page 6 AGENDA (Continued) PUBLIC SERVICES (Continued) 21. Status Report on Crestwood Creek Drainage (Continued) ITEMS FROM COUNCIL Request re service in West Winston Manor- SamTrans (TF-394) Request for report on use of Runway 28 (TF-403) Comments re misuse of Memorial Park on weekends (TF-419) Request for Report concerning conditions of City Medium Strips (TF-426) Comments re Condition of City Hall Grounds (TF-433) ACTIONS TAKEN (Continued) PUBLIC SERVICES (Continued) City Manager Birkelo remarked that the net cost to the City after deducting the engineering cost would be approximately $50,000, and which would appear in the new Capital Improvement Budg~ Carried unanimously by voice vote; Damonte, absent ITEMS FROM COUNCIL Councilwoman Teglia requested a report concerning the discontinuance of service of SamTrans in the West Winston Manor area. City Manager Birkelo remarked that he had been in contact with residents in the area and had requested they meet in City Hall with representa- tives of SamTrans; and from this meeting, a report would be forthcoming to Council. Councilwoman Teglia next requested a report con- cerning the greater use of Runway 28 because of its impact on the community. City Manager Birkelo stated that Planning Staff had attended a meeting at the Airport several weeks ago and had discussed the take-off patterns and Shoreline departure route. He suggested that Council might wish to discuss the matter before an official communication is sent. Councilwoman Teglia pointed out that the Land UsE Study would be concluded in January and one recommendation was that as much as 75% of the flights from the Airport would be from Runway 28, Council requested Staff to report in 4 weeks. Councilman Acosta spoke about the can-and-bottle debris onweekends in Memorial Park. City Manager Birkelo stated that he would have a Staff Report on this submitted to Council. Councilman Acosta wished the item of park reser- vations be added to the report. Councilwoman Teglia brought the ~matter of the condition of the medium strips to the floor. It was requested that a report be submitted in the Status Report concerning care of the mediums Mayor Mirri next spoke about the landscaping car of the City Hall grounds. He commented on the rotating schedules and its not having successful results in the care of the growths. 8/1/79 Page 7 AGENDA (Continued) ITEMS FROM COUNCIL (Continued) Comments re Condition of City' Hall Grounds (Continued~ GOOD AND WELFARE Comments re Audience-participation in discussions on Agenda Items (TF-456) ADJOURNMENT RESPECTFULLY SUBMITTED, ACTION TAKEN (Continued) ITEMS FROM COUNCIL (Continued) 185 Council further discussed resodding and irriga- tion-system plans for the Civic Center complex and the funds for this project; and the main- tenance of the present landscaping. As no one else spoke, Mayor Mirri invited anyone present in the audience to speak. · GOOD AND WELFARE Mrs. Helen Price, 350 Myrtle Avenue, Redwood Ci~ spoke about audience participation in the items before Council, and concurred in the suggestion of the City Manager to hold Public Hearings with respect to the rehabilitation of the Magnolia Center. She further spoke about the civic pride and felt South San Francisco should stimulate this feeling. Mayor Mirri explained that the audience was invited to speak and he explained the modifi- cations to the Palmistry Ordinance. An explana- tion of the Zoning Ordinance to restrict certain section for this type of business was next given to Mrs. Price. Since no one else spoke, Mayor Mirri entertained a motion to adjourn. M/S Borba/Acosta - That the meeting be adjourned to Wednesday, August 6, 1979, 7:00 p.m. Carried unanimously by voice vote; Damonte, ab~r Time of adjournment: 9:05 p.m. APPROVED: Terry O~-/Mir~, Mayor City of South~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. 8/1/79 Page8