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HomeMy WebLinkAboutMinutes 1979-12-19Mayor 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 December 19, 1979 AGENDA Regular Meeting CALL TO ORDER (TF-OO1 Side 1) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Requested: - Item #13 be removed a<set for a Study Session on 1/9/§Oj - Item #34 be removed a~it is a duplication of Item #21. - Item #35 is for information only and no action is required. - Item #36 delete - information only, Goldrich Kest received consent to incorporate letters into the record which amends the Use Permit with full compliance by Goldrich Kest. - Add Item 36A - Change Order for Digester #2. - Item #37 delete - Classic Van Co. will address Council at a later date. - Item #38 delete and set for a Study Session on 1/9/80. - Executive Session at beginning of meeting. - Executive Session at end of meeting. - Remove Item #2 and #4 from the Consent Calendar - these claims will be settled. CONSENT CALENDAR 1. Minutes of the Regular Meeting of 11/21/79. e Claim as filed by William and Stacy Palmer as a result of damages to their auto when struck by a S.S.F. Police car. ACTION TAKEN Regular Meeting 7:32 p.m. Council present: Council absent: Recited. AGENDA REVIEW Mayor Mirri presiding. Teglia, Borba, Acosta, Damonte and Mayor Mirri. None. So ordered. CONSENT CALENDAR Approved. Removed from Consent Calendar - Settled. 12/19/79 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR - Continued Claim as filed by Chadwick C. Ertola, Esq. on behalf of Joseph J. Lennie and Michelle D. Lennie alleging injur- ies sustained on Callan Blvd. at the intersection of Leix Way and Green- dale Ave. 4. Claim as filed by Albert P. Tamborini alleging damages to his auto as the result of being struck by a S.S.F. Fire truck. ~~ 5. Claim as filed by Ferma Corp. alleging damages sustained as the result of hazardous working con- ditions. ~-~~ 6. Claim as filed by S. Mara Murphy Fagan alleging damages to auto as the result of faulty road construc~t~on. 7. Staff Report 12/19/79 - requesting a Motion to award the bid for the Auto- matic Collator to A.S.H. Equipment Co., Inc. in the amount of $4,770. 8. Staff Report T2/19/79 - requesting a Motion authorizing the Purchasing Officer to advertise for bids for 35 new Window Coverings for the Civic Center Library. 9. Staff Report 12/19/79 - recommending rejection of the bids received for the Reroofing of Harbor Fire Station and authorizing the Purchasing Officer to re-advertise for bids in April 1980. 10. Staff Report 12/19/79 - requesting a Motion authorizing the Purchasing Officer to advertise for bids for two Solo Type Enforcement Motor- cycles. CONSENT CALENDAR - Continued Denied and referred to the insurance carrier and to the office of the City Attorney. Removed from Consent Calendar - Settled. Denied and referred to the insurance carrier and to the office of the City Attorney. Denied and referred to the insurance carrier and to the office of the City Attorney. Approved. Approved. Approved. Approved. 12/19/79 Page 2 AGENDA ACTION TAKE" CONSENT CALENDAR - Continued ll. Staff Report 12/19/79 - recommending adoption of Resolution approving the Swift Avenue Industrial Center Condominium Subdivision Final Map. A RESOLUTION APPROVING THE FINAL MAP ENTITLED "SWIFT AVENUE INDUSTRIAL CENTER, A CONDOMINIUM" EXECUTIVE SESSION (TF-O048) RECALL TO ORDER: APPROVAL OF BILLS 12. Regular Bills of December 19, 1979. CONSENT CALENDAR - Continued RESOLUTION NO. 140-79 M/S Borba/Acosta - Consent Calendar be approved. Carried by unanimous voice vote. Council adjourned to an Executive Session at 7:42 p.m. The Meeting was recalled to order at 8:00 p.m., all Council present. APPROVAL OF BILLS Councilman Borba recited the list of bills he wished to be deleted because he does business with these firms and further requested that the Qantel item be included in the deletion. M/S Borba/Damonte - To approve bills not deleted. Carried by unanimous voice vote. M/S Damonte/Acosta - To approve deleted bills except Qantel. Carried by majority voice vote. Councilman Borba did not participate in the ~vote. Mayor Mirri requested further explana- tion of the Qantel bill. City Manager Birkelo explained that the $509 bill is the monthly mainten- ance agreement cost for maintenance services for the fiscal year as called for in the contract with Qantel. Councilman Borba commented that the City has not been getting usage out of the' computer since 1975, yet Qantel by compromise was paid $3,000 on a $6,000 debt which by motion was passed by Council by a 4 to I vote. 12/19/79 Page 3 AGENDA ACT]' ON TAKEN APPROVAL OF BILLS - Continued APPROVAL OF BILLS - Continued Councilman Borba continued, the City has been paying maintenance service of $509 per month to Qantel to change ribbons and dust a machine that does not work. City ~lanager Birkelo related that a programmer had been working on the computer and a report was expected sometime next week. The report will give a complete analysis of the effectiveness of the existing programs, capability of the computer to do the work the City needs and the related costs to put the computer in working order. He continued, that the agreement provides for more services if needed but if few services are used then the cost is greater. Councilman Borba c6mmente~ that he was not satisfied with the computer nor was the Council. He felt Staff should not have bought a computer that does not function and for the same reason should not pay a monthly service charge when the computer was not in se rvi ce. Mayor Mirri asked if the City could withhold payment of the bill until the report has been received from Qantel. City Manager Birkelo spoke at length on merchandise purchased with a guaranty of performance and felt if the merchand- ise does not perform then one Should not be liable for the debt. Vice Mayor Acosta retraced the history of the Qantel computer. An individual was hired to write more programs, but failed because he did not understand the machine's language. So instead of there being seven programs, there were only three programs being uti liied. 12/19/79 Page 4 AGENDA APPROVAL OF BILLS - Continued ACTION TAKEN APPROVAL OF BILLS - Continued Vice Mayor Acosta continued, an agreement was entered into after that for programming services to be supplied by Qantel or an individual that under- stood the programming language. He felt that maintenance of any office machines was done on a month to month basis and that this had nothing to do with the programming of the machine. Mayor Mirri said the Chair will enter- tain a Motion relative to this item. M/S Acosta/Teglia - To pay the Qantel bill. Councilman Borba questioned the length of time the computer has been unable to perform. City Manager Birkelo replied that reports had been run on it some years ago, but it had not been producing anything for the last several years. Councilman Borba expressed concern that the taxpayers were being taken and felt that if the $3,000 had not been paid - then the payment should be withheld and nothing be paid until the machine is functioning. Councilwoman Teglia related that this subject was discussed at Budget time and it had been decided, because of the large outlay of cash already expended on the computer, to take the risk by going further to see if through programming the City could lessen the costs. Councilman Damonte asked if the agree- ment with Qantel could be extended to a point where the machine was function- ing, this he felt might satisfy Councilman Borba. Mayor Mirri called for a vote on the Motion and Second. 12/19/79 Page 5 AGENDA ACTION TAKEN APPROVAL OF BILLS - Continued (TF-110) CITY CLERK 13. Staff Report 12/19/79 - Vacancies on Boards and Commissions. 14. Staff Report 12/19/79 - recommending adoption of Resolution requesting County Clerk of San Mateo County to render specific election services. A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES 15. 16. Staff Report 12/19/79 - recommending adoption of Resolution declaring the date of the Municipal Election for 1980, ordering the publication of Election as required by the Election Code and establishing the hours during which the polls shall be open. Staff Report 12/19/79 - recommending adoption of Resolution declaring a determination of matters related to Candidates Statements. (TF-114) A RESOLUTION DETERMINING MATTERS RELATED TO CANDIDATES STATEMENTS (QUALIFICATIONS) AND "OTHER MATERIAL" IN ACCORDANCE WITH ELECTIONS CODE SECTION 10012 AND RELATED SECTIONS (GENERAL MUNICIPAL ELECTION 1980) APPROVAL OF BILLS - Continued Carried by majority voice vote, Councilman Borba voting no. CITY CLERK City Manager Birkelo requested that this item be discussed at the Study Session on January 9, 1980. So ordered. City Manager Birkelo explained the services requested of the County Clerk to aid in handling of the Election. M/S Borba/Acosta - That the Resolution be adopted. RESOLUTION NO. 141-79 Carried by unanimous voice vote. City Manager Birkelo explained the need for conformance to the Election Code for the coming Election. M/S Borba/Acosta - That the Resolution be adopted. RESOLUTION NO. 142-79 Carried by unanimous voice vote. City Manager Birkelo said that this Resolution spelled out the 200 word restriction on the Candidate's Statement and the attendant cost borne by the candidate. M/S Teglia/Damonte - That the Resolution be adopted. RESOLUTION NO. 143-79 Carried by unanimous voice vote. 12/19/79 Page 6 AGENDA ACTI ON TAKEN CITY MANAGER 17. Staff Report 12/19/79 - recommending adoption of an Ordinance declaring the need for a Redevelopment Agency to function in the City of South San Francisco and declarinp the City Council to be the Agency. 2nd Readi ng/Adoption AN ORDINANCE DECLARING THE NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF SOUTH SAN FRANCISCO AND DECLARING THE CITY COUNCIL TO BE THE REDEVELOPMENT AGENCY FOR THE CITY OF SOUTH SAN FRANCISCO 18. Staff Report 12/19/79 - recommending adoption of a Resolution authoriz- ing an Agreement with M.A.G. Consultants in relation to airport noi se. CITY iqANAGER City Manager Birkelo stated that if this Ordinance was adopted the Agency would have ~iurisdiction over the entire City, however boundary lines would not be established for several months. Vice Mayor Acosta asked if the people would be notified when the target area ~aS designated. City Manager Bi rkelo stated that this would be done to inform people who are in the area. A discussion followed on whether or not Councilman Borba could vote on this issue since his business is located in the target area. M/S Teglia/Damonte - That the reading of the Ordinance in its entirety be waived and that the Ordinance be passed and adopted by reading title only. Carried by unanimous voice vote. M/S Teglia/Acosta- That the Ordinance be passed and adopted. ORDINANCE NO. 804-79 Carried by majority voice vote. Councilman Borba voted no. City Manager Birkelo said this subject had been discussed in a Study Session and that Dr. Garbell's services as stated in the Agreement were to be as follows: 1) Noise monitoring; and 2) Shoreline departure routes. M/S Borba/Teglia- That the Resolation be adopted. RESOLUTION NO. 144-79 Carried by unanimous voice vote. 12/19/79 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 19. Public Hearing - RPD-78-14 Staff Report 12/19/79 - recommending Council uphold the Planning Commission's Negative Declaration No. 246 (Rotary Plaza) on a 55 unit apartment building on Blonding Way and related Negative Declaration No. 246. Public Hearing Opened. (TF-174) Public Hearing Closed. COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela stated that an application was made to the Planning Commission and that one of the conditions of approval requires the applicant to upgrade Blondin Way to two travel lanes from the site to its inter- section with Country Club Drive. Staff's recommendation was that the existing 15 foot wide roadway in the unincorporated portion of this street was insufficient and should be upgraded to provide for adequate access into this new addition. A discussion followed on whether the widening of Blondin Way would create traffic problems. Councilman Damonte commented that Blondin Way extends past the City's boundaries into the County's territory and would go into Country Club Drive. A discussion followed on the amount of parking spaces assigned compared to the number of units that were designed for senior citizens who primarily did not drive. Mayor'Mirri opened the Public Hearing and asked if anyone wished to speak in support of the appellant's position. Mr. Ronald Brown, 217 Country Club Dr., quoted from the Zoning Ordinance in relation to land use, density and an environment which is in harmony with the surrounding neighborhood. He felt that high-rise buildings adjacent to single family dwellings would not produce harmony with the rural atmosphere and was concerned with the potential increase in traffic. There being no one else to speak in support of the appellant's position Mayor Mirri closed this portion of the Public Hearing. 12/19/79 Page 8 AGENDA ACTION TAKEN '~9 COMMUNITY DEVELOPMENT - Continued 19. Public Hearing - RPD-78-14 - Cont. Public Hearing Opened: (TF-223) Public Hearing Closed. (TF-266) COMMUNITY DEVELOPMENT - Continued Mayor Mirri asked if there were speakers in support of the position of the Planning Commission. Mr. Roy Fuller, President of Rotary Plaza, addressed the traffic problems that had been raised and defended his position by stating that the tenants being seniors would alleviate traffic and noise factors in the neighborhood. Nick Elchinoff, Esq., 1486 Huntington, in speaking on behalf of his client Rotary Plaza, a Non-Profit Corporation, retraced the history of the Corporation and the housing that had been provided for seniOr citizens to fill a great need in the community. There being no further testimony Mayor Mirri declared the Hearing closed. Councilwoman Teglia expressed concern over the need to improve Blondin Way when the residents were so adament about it not being improved. Director of Community Development Dell'Angela said that Mr. Brown was under a misunderstanding that one of the conditions included the widening of not only Blondin Way but Country Club Drive to Alita Way. He stated this was wrong, that the only improve- ment that is addressed is two travel lanes, no requirement for sidewalks or curbs. Councilman Borba inquired who would pay the bill for improving that road. Director of Community Development Dell'Angela answered that the Developer of the Project would pay the cost. A discussion followed on the right-of- way being established as 50' wide and Staff's recommendation that the road be widened. 12/19/79 Page 9 AGENDA ACTION TAKEN 50 COMMUNITY DEVELOPMENT - Continued 19. Public Hearing - RPD-78-14 - Cont. (TF-360) (TF-383) COMMUNITY DEVELOPMENT - Continued Councilwoman Teglia stated she had no problem with this Project, but was concerned with the Projects forth coming to Council and felt that Country Club Park should be studied as a whole and not handled piecemeal. She was concerned that another project down the road would bring higher density to Country Club by bringing in more condo units. Mayor Mirri said the other project would not be an integral part of the widening of the road and should be handled on its own merit. Director of Community Development Dell'Angela said that the widening of the road would not change the character of Country Club Estates but would allow Blondin Way to be a two lane road thus conforming with the other streets. Ms. Jenny Nash, 238 Country Drive, commented that Police and Fire have been responding to emergencies by way of the one-lane road for years, and wondered why it now should be widened to a two-lane roadway in anticipation of an increase of 35 cars. Mr. Monty Eaten, 226 Country Club Dr., felt the Rotary Plaza area was not suitable for seniors as it was not within walking distance to shops and markets. He continued, why wasn't Avalan continued for access which would have kept out the kids driving over people's yards and causing a problem with crime. M/S Damonte/Acosta - To uphold the Planning Commission's decision. Mayor Mirri said he would allow one speaker from each side to make brief comments before a vote was taken. 12/19/79 Page l0 AGENDA ACTION TAKEN 51 COMMUNITY DEVELOPMENT - Cont. 19. Public Hearing - RPD-78-14 - Cont. (TF-399) (TF-417) COMMUNITY DEVELOPMENT - Cont. Mr. Ronald Brown, 217 Country Club Dr., stated there was not a clarification in the Staff Report that the street was being widened only 24' and that Con]nissioner Getz had said at a Planning Commission Hearing that because the lot was zoned R-3 it did not have to be high density. This could be single family dwellings or multi unit dwellings. Councilman Borba said there should be another access available and asked what could prevent these people from putting up a barricade on Blondin Way. Director of Community Development Dell'Angela stated, it is public roadway and it is open to all people whether they live in the City or not and it can not be closed without jurisdiction of the County. Councilman Borba asked the City Attorney if a Councilman could be involved because he lived in Country Club Estates. City Attorney Noonan stated that only if he has a forseeable financial benefit and could not see how a Councilman could benefit from a Non-Profit Corporation. Vice Mayor Acosta asked the City Attorney if when he purchased the home would it be considered a financial benefit. City Attorney Noonan said mere ownership is not a conflict of interest, however if you used it for a means to get a R-3 zoning for your property then you should refrain from voting. He continued, the zoning does not affect the value of your R-1. Mayor Mirri called for a vote on the Motion and Second. 12/19/79 Page ll AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Cont. 19. Public Hearing - RPD-78-14 - Cont. RECESS: (TF-426) RECALL TO ORDER: (TF-450) COMMUNITY DEVELOPMENT - Cont. Carried by majority voice vote, Councilman Borba and Councilwoman Teglia voted no. Mayor Mirri declared a recess at 9:12 p.m. Mayor Mirri recalled the meeting to order at 9:26 p.m. All Council present. Councilman Borba expressed concern that people in the audience did not have the opportunity to speak on Item #19 and asked that the discussion be reopened. Mayor Mirri said he followed the procedure by letting the people speak before and after the Hearing, however if Council would like to over-rule it takes a three vote majority. Councilman Borba asked for a Point of Order which was seconded by Councilwoman Teglia. City Attorney Noonan said legally Council has a right to call for a Point of Order. If the Council desires to over-rule, they may. No motion was made to over-rule. The City Attorney stated he believed the Mayor did follow the rules and Council has a right to reconsider a Point of Order and open it up for discussion. Mayor Mirri said, in clarification, that under Public Hearing concepts the public was encouraged to testify and give their input. If Council wants to make a Motion on the'Point of Order it will be respected. M/S Borba/Teglia - To reconsider. Councilwoman Teglia said under the question there was a person who wanted to speak, according to the rules when on the question a participant will be given five minutes. It does not say that only one person can speak on the question. 12/19/79 Page 12 AGENDA ACTION TAKEN 52 COMMUNITY DEVELOPMENT - Cont. 19. Public Hearing - RPD-78-14 - Cont. (TF-458) 20. Public Hearing - RZ-79-60 Staff Report 12/19/79 - recommending 1) Waive the Reading of the Ordinance in its entirety; 2) Introduce the Ordinance and read for the first time an Ordinance rezoning the McD6nald parcel from Unclassified to C-1. 1st Reading/Introduction 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 A C-1 DISTRICT AT THE SOUTHWEST CORNER OF EL CAMINO REAL AND PONDEROSA RD. COMMUNITY DEVELOPMENT - Cont. Mayor Mirri said, that rule does not normally follow a Public Hearing because there is more opportunity for citizens input and called for a vote. Failed by majority voice vote, Councilman Borba and Councilwoman Teglia voting yes. Director of Community Development Dell'Angela said the Planning Commission approved the use permit on October 9, 1979 to allow the construction of a new McDonald's. That use permit is subject to the zoning changes and is up for consideration tonight. Councilman Borba questioned if he would be in violation of a conflict of interest if he participated in this discussion and vote, as he does bus- iness with the McDonald franchises. City Attorney Noonan stated that if Councilman Borba did business with the McDonald franchises it would be reasonable that he could benefit and that he should abstain. M/S Damonte/Teglia - To approve the negative d6claration. Carried by majority voice vote. Councilman Borba did not participate. M/S Damonte/Teglia - 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 by majority voice vote. Councilman Borba did not participate. M/S Teglia/Damonte - That the Ordinance be introduced by reading title only. 12/19/79 Page 13 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT - Cont. 20. Public Hearing - RZ-79-60 21. Staff Report 12/19/79 - recommending first reading and adoption of an Urgency Ordinance - prohibiting annexation of County Club Park. 1st Reading/Adoption AN INTERIM ORDINANCE PROHIBITING ANNEXATION OF COUNTRY CLUB PARK PENDING COMPLETION OF ZONING PROPOSALS AND PUBLIC FACILITY STUDIES (TF-486) COMMUNITY DEVELOPMENT - Cont. Carried by majority voice vote. Councilman Borba did not participate. City Manager Birkelo stated that this was in response to a request at the last meeting that the City not entertain any piecemeal annexation in that area until the whole matter of entire annexation had been taken care of~ This Ordinance would place a four month moratorium on further piecemeal annexations and it assumes during that period the General Plan would be completed. M/S Teglia/Damonte - That the reading of the Ordinance in its entirety be waived. · Carried by unanimous voice vote. M/S Teglia/Acosta - That the Ordinance be introduced and passed as an Urgency Ordinance to be effective immediately as an Urgency Ordinance as authorized by Government Code. A discussion followed on zoning changes on rural County property through annexation and the anticipated types of development that would be built. ORDINANCE NO. 805-79 Carried by unanimous voice vote. Mr. Ronald Brown, 217 Country Club Dr., expressed concern over the properties thus far annexed, i.e., 276 Country Club Drive and 375 Alita Way and the proposed annexation of the back 1/3 of the Church lot at 280 Country Club Drive. He further stated his displeasure at the apparent disregard for the Country Club residents' interests as evidenced by the handling of Item No. 19. 12/19/79 Page 14 AGENDA ACTI'ON TAKEN COMMUNITY DEVELOPMENT - Cont. 21. Staff Report 12/19/79 - Continued. FINANCE 22. Staff Report 12/19/79 - recommending adoption by Resolution of the absolvement of debt by the South San Francisco Housing Authority to the City of South San Francisco of $550.0O A RESOLUTION AUTHORIZING ACCEPTING PAYMENT IN SATISFACTION OF A DEBT COMMUNITY DEVELOPMENT - Cont. Mr. Larry Casey, 363 Forrestview Dr., a member of the Citizens Action League said he fully supported this Ordinance to the full limit in not annexing the Country Club area or its perimeter until the City can protect the residents rights. He continued saying he felt the Point of Order was well taken because the proceedings were so fast that people were unable to address Council and he felt insulted. Mayor Mirri apologized to the audience and said from now on when the Council is on the question people wishing to speak should stand before or near the podium alerting Council to their desire to be recognized. Ms. Elaine Stevenon, 297 Alta Vista Dr., questioned whether this Council or a previous Council ever passed a moratorium before in the Country Club area - she believed they had. Councilwoman Teglia had a recollection of the Planning Commission discussing rural estate zoning in relation to the Catalona property. It was being subdivided and the Commission wanted to look at a special zone designation over the entire Country Club area. Mayor Mirri requested the City Attorney to research the matter of a prior moratorium on that area. FINANCE City Manager Birkelo said that in the Joint Study Session with the Housing Authority this matter had been discussed and agreed upon. M/S Damonte/Acosta - That the Resolution be adopted. RESOLUTION NO. 145-79 Carried by unanimous voice vote. 12/19/79 Page 15 AGENDA ACTION TAKEN 56 F I NAN CE 23. Staff Report 12/19/79 - recommending 1) Waive the Reading of the Ordinance in its entirety; 2) Introduce the Ordinance and read for the first time an Ordinance which modifies the defini- tion of transient and eliminates the exemption for government employees and increases the interest charged on delinquent accounts. (TF-585) AN ORDINANCE AMENDING ORDINANCE NO. 554, AS AMENDED, ENTITLED "AN ORDINANCE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF" (TF-679) FINANCE Director.of Finance Anderson said that based upon audits of the hotels and · motels Staff was presenting several modifications of definitions in the Ordinance which would produce additional revenue. Vice-Mayor Acosta asked if there had been any vacancy rates which have been established by the motels and hotels. An in dep~h.discussion followed on the special rates given the Airlines for their employees and the benefit that would be received by other cities if South San Francisco alone passed this Ordinance. M/S Damonte/Acosta - 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 by unanimous voice vote. Mr. Boris Massenkoff, General Manager of the Travelodge, said that the period of January through June was the lowest in terms of rooms occupied and asked that this Ordinance not become effective until July 1,. 1980. He continued, by this date the other cities would have enacted the same Ordinance and other hotels and motels on the strip would not have an unfair advantage. The Airlines have a special room rate of $28.00 and the general public $34.00, without the Airlines the hotels would feel a loss of 10% in occupancy. Mr. Henry Hong, Controller of Royal Inn, took exception to Finance Director Anderson's financial projections which show a constant month by month growth and felt this was not reasonable due to fluctuation of the seasons occupancy of rooms. He said he did not under- stand why South San Francisco should be the first San Mateo County City to 12/19/79 Page 16 AGENDA ACTION TAKEN FINANCE 23. Staff Report 12/19/79 - Continued. (TF-778) RECESS: (TF-827) RECALL TO ORDER: PARKS AND RECREATION 24. Staff Report 12/19/79 - Status Report on Magnolia Center. Councilwoman Teglia Left Podium: FINANCE pass this Ordinance rather than let another City pass this first and South San Francisco go along later. A discussion followed to make the effective date July 1 on this Ordinance and have a review on May 1 to see if its passage has hurt business. Mr. Henry Hong spoke.of the business the strip has picked up in government employees after Burlingame passed a similar Ordinance. He indicated that people would go elsewhere if they had to pay the tax. Councilman Borba suggested tabling this Ordinance and see what other cities are going to do. A discussion followed on a standari- zation of this Ordinance by the San Mateo County cities. M/S Damonte/Acosta - That the Ordinance be introduced by reading title only and to be effective July 1, 1980 with an amendment of Section 1 to be added for the subsections. Carried by unanimous voice vote. Mayor Mirri declared a recess at 10:33 p.m. Mayor Mirri recalled the meeting to order at 10:45 p.m. All Council present. PARKS AND RECREATION City Manager Birkelo asked for approval of Staff's concept for Magnolia Center - that of the theatre being used for cultural arts and the building being used for senior citizens activities. Due to a possible conflict of interest Councilwoman Teglia left the podium at 10:47 p.m. 12/19/79 Page 17 AGENDA ACTION TAKEN PARKS AND RECREATION 24. Staff Report 12/19/79 - Continued. (TF-879) Councilwoman Teglia Returned to Podium: 25. Staff Report 12/19/79 - recommending adoption by Resolution supporting the passage of Senate Bill No. 547, the Parklands and Renewable Resources PARKS AND RECREATION City Manager Birkelo continued requesting consensus of Council to have a structural engineer review the portion of the building to be restored to make it comply with City Code and from there to prepare estimates and get a firm cost. A discussion followed on the class- rooms to be utilized and parking. Director of Parks & Recreation Norton explained the three different levels of the building and how they would be utilized. Councilman Borba suggested the Director of Parks and Recreation contact Mr. Nelson of the County for grant assistance. Mayor Mirri asked the City Manager to explore any possible funding that is available before expending any of the City's funds. City Manager Birkelo related that the City had received $84,000 for Senior Citizens Center in the Value Giant building. Mr. Jim Keegan, 1244 Crestwood, said there was another item on the agenda in regard to SB 547 wherein South San Francisco would get $200,000. This might give Council more impetus to back Senate Bill 547 'because that money now has the same conditions that apply to the Bond Act of 1976 and this can be used for structures. The Bond Act of 1974 could not be used for buildings, so maybe Magnolia Center could qualify if Council will support this Senate Bill. Councilwoman Teglia returned to the podium at 10:55 p.m. Director of Parks & Recreation Norton reiterated Mr; Keegan's words on this Bill and further explained the flexi- bility of the grant monies. 12/19/79 Page 18 AGENDA ACTION TAKEN 59 PARKS AND RECREATION 24. Investment Bond Issue. Continued. A RESOLUTION SUPPORTING SB-547 (PARKS, RECREATION PROGRAMS, NATURAL RESOURCES CONSERVATION AND RECREATION AREA ACCESS) 26. Staff Report 12/19/79 - Status Report on Sign Hill. (TF-910) (TF-962) 27. Staff Report 12/19/79 - recommending adoption of Resolution an Agreement for engineering services for a Light- ing Program for Orange Memorial Park. (TF-1074) PARKS AND RECREATION Director of Parks & Recreation Norton said that the latest information from California~Parks & Recreation Society is that the issue is running about 40% chance of passing at this time and needs support. M/S Teglia/Damonte - That the Resolution be adopted. RESOLUTION NO. 146-79 Carried by unanimous voice vote. Director of Parks & Recreation presented a detailed report of the background information dating back to 1972 on Sign Hill. The Beautification Committee and the Park & Recreation Committee has been working with Mr. Lee, an architect, on designing a Master Plan upon Council's direction to beautify the hill and provide public access through trails. Mr. Mel Lee, Landscape Architect, spoke at length on the proposed changes to Sign Hill and presented drawings showing the trails and the plants and trees as designed. A discussion followed on fire controls to be utilized to preserve the area and on whether irrigation was sufficient to protect the growth. Ms. Joan Hamilton, Park & Recreation Commissioner, spoke of the cooperation from Mr. Duplessis of the Parks Dept. and his knowledge and use of plants that are fire resistent. She requested that there be a vote of approval on the landscaping and trails. M/S Acosta/Teglia - To proceed with the landscapin9 and trails. Carried by unanimous voice vote. Director of Parks & Recreation Norton explained the need for replacement of lighting on the tennis courts and security lighting in remote areas of the park. 12/19/79 Page 19 AGENDA ACTION TAKEN PARKS AND RECREATION 27. Staff Repor.t 12/19/79 - Continued' A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT'FOR TECHNICAL SERVICES BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND T. H. ROGERS ASSOCIATES POLI CE 28. Staff Report 12/19/79 - recommending l) Waive the reading of the Ordinance in its entirety; 2) Introduce the Ordinance which amends Ordinance No. 753-77 and redefines bingo games to incorporate matchbook games and give the City better control of the operation of bingo games in South San Francisco lstReading/Introduction AN ORDINANCE REGULATING THE CONDUCT OF BINGO GAMES IN THE CITY OF SOUTH SAN FRANCISCO (TF-1153) PARKS AND RECREATION Director of Parks & Recreation Norton stated that other cities had used the services of T. H. Rogers Associates with excellent results. M/S Borba/Teglia - That the Resolution be adopted. RESOLUTION NO. 147-79 Mr. James Keegan, 1244 Crestwood, commented that the present lights are inadequate for baseball or softball and asked if Little League teams could use the field for special events with the new lighting system. i~yor Mirri called for a vote on the Motion and Second. Carried by unanimous voice vote. POLICE City Manager Birkelo said this redefines bingo to include matchbook games and provides the ability of the City of levy a fee on gross monthly receipts. Councilwoman Teglia asked if it was known what the receipts were for a charitable organization per month. Captain Swinfard Police Dept., said the law does.provide the Department the ability to access the books once a year. M/S Borba/Teglia - 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 by unanimous voice vote. MIS Teglia/Acosta - That the Ordinance be introduced.by-reading title only. Carried by unanimous voice vote. 12/19/79 Page 20 AGENDA ACTION TAKEN POLICE 29. (TF-1157) Staff Report 12/19/79 - recommending adoption by Resolution an Agreement with the State of California regarding the California Witness Protection Program. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIF- ORNIA REGARDING THE CALIFORNIA WITNESS PROGRAM PUBLIC SERVICES (TF-1164) 30. 31. Staff Report 12/19/79 - recommending final acceptance of the Alta Mesa - King Drive Storm Drain, Project SD-79-1. Staff Report 12/19/79 - Spruce Avenue Traffic Diverter Status Report. (TF-1183) POLICE City Manager Birkelo stated that this was an Agreement with the State of California authorizing the Police Chief to enter into an agreement whereby the State may make funds available to assist in sequestering witnesses at no cost to the City. M/S Borba/Acosta - That the Resolution be adopted. RESOLUTION NO. 148-79 Carried by unanimous voice vote. PUBLIC SERVICES City Manager Birkelo introduced the Staff Report and stated Director of Public Services Yee would answer any questions. Councilwoman Teglia wanted assurance from Mr. Yee that the it is hooked together properly and is acceptable to the residents. Director of Public Services Yee said the system was in place during the summer and there were two or three rain falls, after which he personally inspected the drain. M/S Damonte/Teglia - giving final acceptance. Carried by unanimous voice vote. Director of Public Services Yee retraced the history of the placement of the diverter on Spruce Avenue and requested direction on removal or retention of the diverter. Mr. Floyd Mason, 431 Beech Avenue, presented a petition of 210 signatures of people who want the diverter removed and cited the reasons behind the request. Mr. Barney O'Laughlin, 414 Beech Ave., stated that Council had received one letter requesting the diverter 12/19/79 Page 21 A G E N DA A CT I O N T A K E'N ~ PUBLIC SERVICES 31. Staff Report 12/19/79 - Continued. (TF-1394) 32. Staff Report 12/19/79 - recommending l) Waive the reading of the Ordinance in its entirety; 2) Introduce the Ordinance which amends Ordinance No. 538 and redefines senior citizens garba§e collection rates. 1st Reading/Introduction AN ORDINANCE AMENDING ORDINANCE NO. PUBLIC SERVICES and Mr. Mason was present at that meeting and objected. He stated that he had spoke with many residents and that they were quite unhappy with the diverter. He cited incidents which had occurred on Maple due to the rerouting of traffic. He suggested that stop signs be used and the diverter be removed. Mr. John Mason, 508 Larch Avenue, stated that he has yet to see the diverter serve its intended use. It has caused near accidents, stopped the traffic for four (4) houses, have people go over it, around it and use other streets. · A discussion followed on the possible alternatives, i.e., placing the diverter on the other side of the street, removing the diverter entirely, placing stop signs. Councilwoman Teglia expressed concern over the speeders on Spruce and Hillside and wanted to see the Police take some action to stop the speeders. Vice Mayor Acosta said that stop signs would not stop the speeders on those streets because they are substandard streets. He suggested posting 15 MPH speed limit signs. Mayor Mirri said based upon the accident statistics the diverter did not serve a purpose and called for a Motion. M/S Damonte/Acosta - to remove the diverter. Carried by unanimous voice vote. Director of Public Services Yee said the Council established a Committee of three and they decided that a senior citizen is of an age of 62 or 65 years and they defined their garbage rates. M/S Acosta/Teglia - That the reading of the Ordinance in its entirety be waived and that the Ordinance be 12/19/79 Page 22 AGENDA PUBLIC SERVICES 32. Staff Report 12/19/79 - Continued., 538 ADOPTED OCTOBER 25, 1965, AS AMENDED, ENTITLED "AN ORDINANCE REGULATING SCAVENGER SERVICES" 33. Staff Report 12/19/79 - recommending adoption of A Resolution of a new Tillo Agreement. A RESOLUTION TO EXTEND THE CURRENT AGREEMENT ON A MONTH TO MONTH BASIS BETWEEN TILLO PRODUCTS CO. AND THE CITY OF SOUTH SAN FRANCISCO Councilman Borba stepped from the Podium: (TF-1481) ACTION TAKEN PUBLIC SERVICES introduced and read for the first time by reading title only. Carried by unanimous voice vote. M/S Teglia/Acosta - That the Ordinance be introduced by reading title only. Carried by unanimous voice vote. Councilman Borba stepped from the podium at 12:02 a.m. City Manager Birkelo said the present agreement expired this month and Staff needs to arrange for some on- going relationships to take care of the sludge. Due to inflation Staff had to increase the amount by a modest 10%. He recommended in Paragraph 2 under purchase orders commencing 1-1-80 ending on the 12-31-80, interim of cost not to exceed $10,000.00 to allow Mr. Yee the flexibility to work around the odor abatement problem. A discussion followed on the possible yearly excalation of the Tillo costs as opposed to the cos'ts if the City took over the operation itself. Mr. Westerbrook, Tillo Co., spoke on his own behalf for the increased costS of the Agreement. ' M/S Damonte/Acosta - That the Resolution be adopted. RESOLUTION NO. 149-79 Carried by unanimous voice vote. Councilman Borba was absent from the podium. 12/19/79 Page 23 ACT O, TAKE, 6't PUBLIC SERVICES Councilman Borba returned to the Podium: COMMUNICATIONS 34. Letter dated 12/7/7~ from the Country Club Park Area Committee requesting a moratorium on annexation in Country Club Estates and signed by Mr. Ron D. Brown. 35. Request from t~e~lt~o~Brisbane on reassessment by means of a Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SSF GRANTING CONSENT OF THE CITY OF SSF TO THE CITY OF ~RISBA~iE TO THE EXERCISE OF EXTRA- TERRITORIAL JURISDICTION TO b~NDER- TAKE PROCEDINGS FOR THE ACQUISITION A,D CONSTRUCTIO~t OF PUBLIC IMPROVE- MENTS AND TU PROVIDE THAT THE COSTS SHALL BE ASSESSED UPON THE PROPERTIES bENEFITED THEREBY, UNDER APPROPRIATE SPECIAL ASSESSMENT A,D ASSESSMENT 60ND ACTS, AND APPROVING THE PROPUSED RESOLUTIOit OF INTENTION A,D THE PROPOSED k~OUNDARY MAP OF THE ASSESSMENT DISTRI CT MARINA BLVD. AND LAGOON ROAD LOCAL IMPROVEMENT DISTRICT 79-1 (TF-1557) ITEMS FROM STAFF 36. Report on trees - Goldrich Kest. 36A. Change Order for Digester #2. PUBLIC SERVICES Councilman Borba returned to the podium at 12:08 a.m. and did not participate in the discussion of the Ti llo Agreement. COMMUN I CAT IONS City Manager Birkelo explained that this item was a duplication of Item No. 21 and should be ignored. City Manager Birkelo explained the request from the City of Brisbane and introduced Mr. Kerwin, the City Manager of Brisbane. Mr. Kerwin spoke of the owner of the Serra Point properties whose land falls under the jurisdiction of both South San Francisco and Brisbane and his request for an Assessment District to be formed. In detail he described the improve- ments to be made to the property and the need for Council's approval of extra-territorial jurisdicition to allow the South San Francisco portion of the property to be assessed. Councilman Borba said he would like to have a Study Session on this item to hear more information before any commitment or action was taken by Coun ci 1. Consensus of Council was to schedule this item for a Study Session on January 9, 1980. ITEMS FROM STAFF This item was discussed under Agenda Review by the City Manager. Director of Public Services Yee said that the current contract at the sewer plant calls for 3 Digesters to be repaired and maintained. The first one had been 12/19/79 Page 24 AGENDA ACTION TAKEN 65 ITEMS FROM STAFF 36a. C~ange Order- Continued. (TF-1674) 37. Classic Van Status Report. 38. Dis cuss i on~JJd~ a~fted Ordinance for the control of drug use para- phernalia to minors in the City of South San Francisco. ITEMS FROM COUNCIL Councilman Borba: Councilwoman Tegl i a: Councilwoman Teglia: ITEMS FROM STAFF completed and is in operation. The Coordinator will be transferred to another agency as of January 1, thus the urgency for approval of the Change Order. The cost will be $57,847 which is 8% higher than the first Digester's repair. A discussion followed on the Contractor being used at the treatment plant and if a better Contractor could be found to curb the delays on work being done. M/S Damonte/Acosta - To proceed. Carried by unanimous voice vote. Deferred to a future meeting. Item #38 deleted and set for a Study Session on 1/9/80. ITEMS FROM COUNCIL Questioned the request for a Resolution commending Presid~ntCarter's handling of the Iranian crisis. City Manager Birkelo said that the Reso- lution had been mailed to the President. Questioned the progress on the split block parking in the urban core area for street sweeping. Director of Public Services Yee said that A, B, C Streets and Village Way were the first priority and had just been completed and a report would be forthcoming. He also stated that the next phase included Baden, Miller and other areas and be started as soon as possible. Questioned the process of going out to bid when an item was $5,000 or mere. She asked about the Book Detection System 12/19/79 Page 25 ITEMS FROM COUNCIL - Continued Councilwoman Teglia - Continued. 'CoQncilwoman Teglia: (TF-1730) Vice-Mayor Acosta: GOOD AND WELFARE (TF-1766) ITEMS FROM COUNCIL -Continued there is but one manufacturer. Where is the City allowed to contract and not go to bid? City Manager Birkelo said this matter was being researched and Council would be informed of the results. QUestioned when the on-going project work being done at the sewage treatment plant would be completed. Director of Public Services Yee said he would prepare a report which would include any items Council wanted information on and present it at a later date. Questioned when the fire alarm and smoke detection system for City Hall was going to bid. City Manager Birkelo said in January this matter would be ready for Council. GOOD AND WELFARE Ms. Joy Ann Wendler, 321 Granada Dr., addressed the concerns of her neigh- borhood on the prospective use of Avalon School and the effects on the surrounding area. Guadalupe Health Center has been given a lease for 3 classrooms by the South San Francisco School Board;~ this was done before a Use Permit was obtained for that purpose. There will be an immediate influx of 800 teenagers driving into the area with a projected total of 2,000 by the end of the year. She requested Council's consideration of the following items: 1) Why was the lease given before a Use Permit was obtained; 2) Why was $100,000 of equipment and renovation been spent without first obtaining a Permit; and 3) Why was this done without notification of the neighbor- hood. 12/19/79 Page ~6 AGENDA ACTION TAKEN GOOD AND WELFARE - Continued (TF-O01 Side 2) GOOD AND WELFARE ' Continued Mrs. Joy Ann Wendler continued, many people in the Avalon area are. very concerned about the safety of the children and the neighborhood as a whole because of the intended use. A petition of 500 signatures was Presented to the School Board two years ago asking them to refrain from any use of'the premises of Avalon 'School which would result in an increased ~ehi~ular traffic in the neighborhood. She stated that the services performed by the Guadalupe Health Center are very much needed but it is her belief that it does not 'belong in any residential area. Mrs, Wendler further advised Council of an application that had been filed with the County for the purpose of changing the use of the Nancy Nutting School to a drug treatment center, which'again is needed but does not belong in a residential area. Director of Community Development Dell'Angela said he had a letter from Mr. Barry Stewart, Director of the .Guadalupe Center, describing the various uses of the Center and their impact on ~the community. He further stated the Planning Dept. was doing an in depth study and the Planning CommisSion would rule on the Use Permit of the Center and that Counci'l would be apprised of the developments. Councilwoman Teglia suggested alerting the School District that any tenants would need Use Permits for other than school functions. She also questioned what was being done about the Nancy Nutting School's new use. Director of Community Development Dell~Angela said he had located the' name of the applicant and learned ·that there was a tentative Hearing date set for the 18th of January. 12/19/79 Page 27 A G E N D A A_C__T I__O__N_ T~K_E_N_ ~ GOOD AND WELFARE - Continued (TF-O039) Executive Session. (TF-O084) RECALL TO ORDER: ADJOURNMENT RESPECTFULLY SUBMITTED, Barbara A. BattaYa, Cit~/Clerk City of South San Francisco GOOD AND WELFARE - Continued He furtheK stated that the City would have the opportunity to comment on the application. Mayor Mirri asked the Director of Community Development to follow this matter up and inform Council and the residents as information is developed. Mr. Ronatd Brown, 217 CoUntry Club Dr., expresssed concern from the residents of COuntry Club Estates as they will be affected by the Guadalupe and Nancy Nutting events. Mr. Jim Keegan, 1244 Crestwood Dr., suggested setting guidelines for uses that the closed schools could be used for as more and more ~chools are closing down and being abandoned. Mayor Mirri suggested a meeting be set up with the School Board to define Use Permit guidelines for abandoned schools. Council adjourned to an Executive Session at 12:59 a.m. The Meeting was recalled to order at l:15 a.m., all Council present, no actiOn having been taken. M/S Teglia/Acosta - That the meeting be adjourned. Carried by unanimous voice vote. Time of adjournement: l:17 a.m. APPROVED: Terry J.~ ~Y~!]rri, Mayor City of South San Francisco 12/19/79 Page 28 AGENDA ACTION TAKEN The entries of this Council meeting show the action taken by the City Council to dispose of the ~tem. 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. 12/19/79 Page 29