HomeMy WebLinkAboutMinutes 1980-07-16Mr. Ronald G. Acosta
Vice Mayor Nicolopulos
Council:
Mark N. Addiego
Emanuele N. Damonte
Roberta Cerri Teglia
MINUTES 25?
CITY COUNCIL
W. Orange Avenue Library Auditorium
July 16, 1980
AGENDA
Regular Meeting
CALL TO ORDER (Side I TF-OO1)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
City Manager Birkelo Requested:
- Add Item 5a - Request for authority
to call for bids for furniture for
the Municipal Services Building.
- Add Item 8a - In connection with the
appeal for Habitat Development need
an Urgency Ordinance passed on the
implementation effect to the Sewer
Mitigation Plan on Basin No. 9.
- Add Item 16a - Report on the process
of the assessment collection of the
Downtown Revitalization Project.
- Executive Session for personnel
matters at the beginning of the
meeting.
- Executive Session for personnel
matters later in the meeting.
Executive Session:
RECALL TO ORDER:
ORAL COMMUNICATIONS
(TF-032)
ACTION TAKEN
Regular Meeting
7:50 p.m. Mayor Acosta presiding.
Council Present: Teglia, Damonte,
Nicolopulos,
Addiego and Acosta.
Council absent: None.
Recited.
AGENDA REVIEW
So ordered.
So ordered.
So ordered.
So ordered.
So ordered.
Council adjourned to an Executive
Session at 7:56 p.m. to discuss
a personnel matter.
The meeting was recalled to order
at 8:05 p.m., all Council present,
no action taken.
ORAL COIvlqUN I CATIONS
Mrs. Lillian O'Rourke, 264 Country
Club Drive, made mention of an
article in the Enterprise Journal
on 6/21/80, "Pulse of the City",
quoting the overheard remark of
the Mayor at the 6/18/80 Council
meeting,
7/16/80
Page 1
ORAL COMMUNICATIONS
(TF-046)
(TF-064)
(TF-090)
(TF-130)
ORAL COMMUNICATIONS
Mayor Acosta explained the frus-
trations that had led up to his
remark at the Council meeting and
extended sincere apology to all
he may have offended.
Mr. Herman Gouvaia, 515 Keoncrest
Drive, expressed concern over some
incidents where he had called the
Police Department for assistance
and was dissatisfied with the
length of time before the Police
responded to his need.
Mr. Elmore, 642 Commercial Street,
expressed concern that violations
were being committed by property
owners, i.e., building codes and
that he felt Staff was not doing
the job of stopping the violators
which he felt was the City's job.
He questioned whose responsibility
it was - the homeowner, the inspector
or the City, to correct these
violations.
Mayor Acosta directed the Assistant
City Attorney Rogers to research
this matter and submit a report to
Council.
Mrs. Claire D'Amico, 136 San Felipe,
asked what the law was on the use
and possession of illegal fireworks.
Police Chief Datzman stated'that
the use of illegal fireworks,
firecrackers, etc. are a misdemeanor
and if it occurs in the Officer's
presence, the Officer can arrest
the individual or issue a citation
and/or confiscate the fireworks.
Mayor Acosta stated that a misde-
meanor violation of the law is a
higher crime than an infraction
of the law and that there could
be a fine or jail term or both.
7/16/80
Page 2
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
(TF-148)
(TF-181)
PRESENTATION:
CONSENT CALENDAR
Minutes of the Regular Meeting of 5/7/80,
Adjourned Regular Meeting of 5/14/80,
Adjourned Adjourned Regular Meeting of
5/20/80, Regular Meeting of 5/21/80 and
Adjourned Regular Meeting of 5/28/80
ORAL COMMUNICATIONS
Mrs. Claire D'Amico expressed
concern over the fire hazards
over the 4th of July by the use
of fireworks and asked that the
City fine the parents of the
violators.
Vice Mayor Nicolopulos stated
that many of the fires were started
with legal fireworks and felt
that these issues should be
addressed.
Mrs. Barbara Schonig, 786 Alta Loma
Drive, spoke in support of Mrs.
D'Amico's concerns and suggested
an Ordinance be passed with a
stiff fine for the violators
parents. She questioned the
fact that Winston Manor Shopping
Center was still a pigpen and
asked when the City was going to
enforce the order to the owner
to clean up the area.
Mayor Acosta stated that the City
had told the owner of the property
that until he cleaned up the
property no other use permits
would be issued
Councilwoman Teglia suggested that
Council direct the Planning Depart-
ment and the City Attorney's Office
to move on making the owner clean
up the property. She further
requested the Planning Department
to submit a report at the next
meeting on the progress made on
this matter.
Given after Item No. 8a.
CONSENT CALENDAR
Approved.
7/16/80
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
2. Claim as filed by William E. Growney,
Attorney at Law, on behalf of Patricia A.
Martinson alleging personal injuries sus-
tained as the result of a fall at the
West Orange Avenue Library.
3. Claim as filed by Robert F. Lee, Attorney,
at Law, on behalf of Rosemary T. Hill
alleging personal injuries sustained as
the result of a fall due to the defective
conditions of the sidewalk located at
900 E1Camino Real, South San Francisco.
4. Claim as filed by John M. Druth, Attorney,
at Law, on behalf of William M. Fuller, Jr.
alleging damages to property as the result
of an underground draina~ problem.
5. Claim as filed by the law offices of Owen,
Melbye and Rohlff on behalf of Champion
Raceway, Inc., dba Dot and James Carriage
House alleging costs (not fully estimated
at this time) incurred as the result of
a patron's accident due to the defective
condition of the public sidewalk.
5a. Staff Report 7/16/80 recommending -
adoption of a Resolution approving the
specifications and ~uthorizing the call
for bids for the Municipal Services
Building furniture.
A RESOLUTION APPROVING SPECIFICATIONS
AND CALLING BIDS FOR MUNICIPAL SERVICES
BUILDING INTERIORS - PROJECT NO. 78-1
APPROVAL OF BILLS
Regular Bills of July 16, 1980.
CONSENT CALENDAR
Motion to deny and refer to the
City's Insurance Adjuster and to
the Office of the City Attorney.
Motion to deny and refer to the
City's Insurance Adjuster and to
the Office of the City Attorney.
Motion to deny and refer to the
City's Insurance Adjuster and to
the Office of the City Attorney.
Motion to deny and refer to the
City's Insurance Adjuster and to
the Office of the City Attorney.
RESOLUTION NO. 81-80
M/S Damonte/Nicolopulos - Consent
Calendar be approved.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Teglia/Nicolopulos - To approve
the bills.
Carried by unanimous voice vote,
Councilman Addiego did not partici-
pate or vote in the matter of the
claims of Brentwood Market.
7/16/80
Page 4
A GEN_.DA A C T ]' 0 N T A K E N ,~6~
CITY MANAGER
8a. as authorized by Government Code.
1st Reading/Adoption
AN ORDINANCE AMENDING ORDINANCE
NO. 661 ADOPTED APRIL 1, 1974 AS
AMENDED, ENTITLED "AN ORDINANCE
REGULATING WASTE DISCHARGES"
(TF-304)
RECESS:
RECALL TO ORDER:
PRESENTATION:
CITY MANAGER
City Manager Birkelo stated that
the Sewer Master Plan gave Staff
the dollar value of the perceived
efficiencies in the sewer system
and this was applied initially
to Sewer Basin #9. The doubling
of the sewer connection charge of
$250 to $500 would provide the
funds for this type of mitigation,
this rational was later applied to
all the basins.
M/S Addiego/Teglia - That the
Ordinance be introduced and passed
as an Urgency Ordinance to be
effective immediately as an Urgency
Ordinance as authorized by Government
Code.
ORDINANCE NO. 828-80
Carried by unanimous voice vote.
Mayor Acosta declared a recess at
9:00 p.m.
Mayor Acosta recalled the meeting
to order at 9:14 p.m., all Council
present.
Mayor Acosta presented a Resolution
to Pat Hilliard commending her for
her services to South San Francisco.
Ms. Pat Hilliard expressed her
appreciation for this recognition
and thanked the community members~
for making possible her work on
the Board. With their help, more
things had been done.
Councilwoman Teglia commented that
South San Francisco's loss was
Atlanta's gain and expected to
see an article in the future that
MS. Hilliard was running for public
office.
7/16/80
Page 6
AGENDA ACTION TAKEN 261
CITY ATTORNEY
e
Staff Report 7/16/80 - recommending
adoption of an Ordinance that adopts
a conflict of Interest Code for the
City of South San Francisco 1) Waive
the reading of the Ordinance in its
entirety and that the Ordinance be
passed and adopted by reading title
only; 2) That the Ordinance be passed
and adopted an Ordinance adopting a
Conflict of Interest Code for the City
of South San Francisco. (TF-243)
0
2nd'Reading/Adoption
AN ORDINANCE ADOPTING THE FAIR POLITICAL
PRACTICES COMMISSION'S MODEL CONFLICT OF
INTEREST CODE ~.~,~__~
Staff Report 7/16/80 - recommending
adoption of an Ordinance repealing
Ordinances Nos. 10, 280 and 281 1) Waive
the reading of the Ordinance in its
entirety; 2) Introduce and read for the
first time an Ordinance repealing
Ordinances Nos. 10, 280 and 281. (TF-248)
1st Reading/Introduction
AN ORDINANCE REPEALING ORDINANCES OF
THE CITY OF SOUTH SAN FRANCISCO
NUMBERED 10, 280 AND 281
CITY MANAGER
Sa.
Recommending l) Waive the reading of
the Ordinance in its entirety; 2)
Introduce and pass the amendment to
Ordinance No. 661 related to sewer
connection fees as an Urgency Ordinance
CITY ATTORNEY
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/Nicolopulos - That
the Ordinance be passed and
adopted, an Ordinance adopting a
Conflict of Interest Code.
ORDINANCE NO. 827-80
Carried by unanimous voice vote.
M/S Damonte/Nicolopulos - 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.
Assistant City Attorney Rogers
explained that these were three
old Ordinances supeFseded by State
Law or the Scavenger Ordinance.
He explained that these Ordinances
had been overlooked when the City
had repealed many Ordinances in
the past. These Ordinances deal
with dumping trash, rubbish, etc.
which are now covered by other
Ordinances that are up to date
such as 538 and 374.
M/S Damonte/Teglia - That the
Ordinance be introduced by reading
title only.
Carried by unanimous voice vote.
CITY MANAGER
City Manager Birkelo read the
Ordinance in its entirety in that
this item had not been seen by
Council and copies were not
available.
7/16/80
Page 5
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
9. Public Hearing - Appeal of RPD-79-13/
SA-79-63, Habitat Group, Inc.
Staff Report 7/16/80 - recommending City
Council deny the appeal and uphold the
decision of the Planning ConTaission for a
36 unit condominium project located on
the west side of Blondin Way in an R-3
zone. (TF-329)
(TF-377)
(TF-393)
(TF-412)
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela recommendedden~al of the
appeal subject to the conditions
and findings of the Planning
Commission.
Mayor Acosta opened the Public
Hearing'and invited the Appellant,
Mr. Brown, to speak.
Mr. Ronald Brown, 217 Country Club
Drive, spoke on behalf of the
Country Club Park Committee and
requested that Council over-ride
the Planning Commission's decision
to approve this project and not
allow this development in the
neighborhood. He explained in
detail why the Committee believed
that an E.I.R. should be done,
i.e., traffic, adequate sewer lines
to handle increased use, off-street
and on-street parking requirements,
etc. He asked that consideration
by given to the accumulative impact
of this project upon the neighborhood
of Country Club Park. He asked
Council to realize that if approved
this would allow the highest density
per acre to be established immediately
adjacent to the lowest density
allowed in South San Francisco.
Mr. Mont'Eton, 226 Country Club Dr.,
expressed concern that rumors have
it that the Country Club Park is
slated for condos and apartments
and asked if there were maps in
circulation showing such developments.
Mayor Acosta invited anyone who
wished to speak in opposition to
the Appellant to speak.
Mr. David Van Etta, Representing
the Habitat Group, rebutted the
statements of Mr. Brown and stated
that evidence had not been presented
and felt that the project conformed
to the fullest extent to the
community.
Mayor Acosta declared the Public
7/16/80
Page 7
AGENDA
COMMUNITY DEVELOPMENT
9. Public Hearing - Continued.
(TF-413)
10.
Staff Report 7/16/80 - recommending
l) Waive the reading of the Ordinance
in its entirety and that the Ordinance
be passed and adopted by reading title
only; 2) That the Ordinance be passed
and adopted an Ordinance amending
Ordinance No. 603 (Subdivision Ordinance)
Section 6.03 (g) in-lieu park dedication.
2nd Reading/Adoption
AN ORDINANCE AMENDING ORDINANCE NO. 603,
(SUBDIVISION ORDINANCE), SECTION 6.03 (g)
OF THE CITY OF SOUTH SAN FRANCISCO, AS
AMENDED
ACTION TAKEN
364
COMMUNITY DEVELOPMENT
Hearing closed.
M/S Nicolopulos/Damonte - To deny
the appeal.
Councilwoman Teglia stated that
she was a member of the Planning
Commission when this property was
rezoned to facilitate a major
expansion of Rotary Plaza and had
it then been for apartments or
condominiums she believed it would
have received a very different
scrutiny. She stated that she
could not support this application.
A discussion followed on the fact
that the City had approached
another property owner about rezon-
ing and that property owner and
Rotary Plaza's property was rezoned.
Mayor Acosta called for a roll
call vote.
Carried by majority roll call vote,
Councilwoman Teglia and Councilman
Addiego voting no.
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 Damonte/Teglia - That the
Ordinance be passed and adopted an
Ordinance amending Ordinance
No. 603, the Subdivision Ordinance.
ORDINANCE NO. 829-80
Carried by unanimous voice vote.
7/16/80
Page 8
COMMUNITY-DEVELOPMENT
11.
Staff Report 7/16/80 - recommending
l) Waive the reading of the Ordinance
in its entirety and that the Ordinance
be passed and adopted by reading title
only; 2) That the Ordinance be passed
and adopted an Ordinance amending
Ordinance No. 353 Zoning Ordinance
proposed park fees.
2nd Reading/Adoption
AN ORDINANCE AMENDING ORDINANCE NO. 353,
THE ZONING ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO
PUBLIC SERVICES
12.
Staff Report 7/16/80 - recommending
adoption of a Resolution authorizing
execution of Supplement No. 3 to
agreement dated March 4, 1968, for
Sewage Disposal by and between the
City of South San Francisco and the
North San Mateo County Sanitation
District. (TF-454)
RESOLUTION AUTHORIZING EXECUTION OF
SUPPLEMENT NO. 3 TO AGREEMENT DATED
MARCH 4, 1968, FOR SEWAGE DISPOSAL
BY AND BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE NORTH SAN MATEO
COUNTY SANITATION DISTRICT
ITEMS FROM STAFF
13. Report on Senior Advisory Committee.
14. Report on Youth AdvisoPy Committee.
A C T I O N TA K E N 3G5
COMMUNITYDEVELOPMENT
M/S Teglia/Nicolopulos - 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/Nicolopulos - That the
Ordinance be passed and adopted
an Ordinance amending Ordinance
No. 353, Zoning Ordinance, Section
6.66 (7)
ORDINANCE NO. 830-80
Carried by unanimous voice vote.
PUBLIC SERVICES
Director of Public Services Yee
stated that this document was an
amendment to the original agreement
with the North San Mateo County
Sanitation District which relates
to the boundary change and the
sewer services charges.
Motion by Damonte - To adopt the
Resolution.
RESOLUTION NO. 82-80
Carried by unanimous roll call vote.
ITEMS FROM STAFF
City Manager Birkelo requested
consideration of Items No. 13 and
No. 14 be taken together. He
spoke of research done by the
League of California Cities and
requested these items be set for
a study session to select parameters.
A discussion followed on the
senior and youth commissions
in operation in Pacifica and Council
feeling that Staff does not want
these commissions established.
7/16/80
Page 9
AGENDA ACTION TAKEN 266
ITEMS FROM STAFF
15. Discussion of Spray Can Ordinance.
(TF-521)
16. Discussion of Colma Sanitary Sewer
Trunkline Study. (TF-604)
ITEMS FROMSTAFF
Assistant City Attorney Rogers
stated that a survey had been done
in seven cities in connection with
the drafted Ordinance, however
Daly City is the only city which
has adopted an Ordinance on spray
cans. He suggested that letters
be sent to other cities encourag-
ing the adoption of similar
Ordinances, so that people do
not go to other cities to buy
the spray cans and spray graffiti
in this city.
Mayor Acosta stated that he wanted
the Ordinance to include the
possession of the spray can.
A discussion followed on the
legal aspects of the inclusion
of possession in the Ordinance
and its enforcement, also open
and closed containers, vandalism
sections of the Penal Code, etc.
Councilman Addiego disagreed with
having this type of an Ordinance
as he feels it will be another
that cannot be enforced. He
said he works in Daly City and
has not seen any change in graffiti
since the Ordinance was put in
force.
City Manager Birkelo stated that
this matter had been brought before
Council for guidance to Staff.
Discussion followed on the mainten-
ance of the sewer line, the impact
on the sewer lines for the added
pressure, an E.I.R. needed for
future development, and a meeting
with Colma to arrange the details
of a focused type report or an
E.I.R.
7/16/80
Page l0
AGEUDA ACT O, T^KE, 26?
16a.
16b.
Report on the process of the assessment
collection of the Downtown Revitali-
zation Project.
(TF-734)
Letter from John Penna requesting a
Public Hearing.
ITEMS FROM COUNCIL
17.
Report on relocation of existing SAMTRANS
bus stop on Grand and Spruce Avenues from
the southeast corner to the southwest
corner. (TF-754)
Director of Finance Anderson
stated that the 30 day cash payment
period closed on July 7th and the
Bond Council is preparing the
necessary documents to take care
of the unpaid assessments. There
have been inquiries subsequent
to July 7th where people have
changed their minds and would like
to pay the assessment rather than
allowing it to go to bond. He
recommended the time be extended
for property owners to pay those
assessments before going to bond.
M/S Damonte/Teglia - To extend
the time for property owners to
pay the assessment.
Mayor Acosta directed an agenda
item for the 8/6/80 meeting in
response to Mr. Penna's request
for a Public Hearing appealing
the Planning Commission's decision.
Consensus of Council that 8/6/80
be set for a Public Hearing.
ITEMS FROM COUNCIL
Councilwoman Teglia stated that
she had been approached by people
in the 400 block of Grand Avenue
for the City to move the location
of the bus stop in front of the
medical building due to traffic
hazards and improved access to
the businesses in that vicinity.
Director of Public Services Yee
presented alternatives for the
bus stop's location and pointed
out the advantages and disadvant-
agesof moving the bus stop. He
stated that the recommendation
from the Police Department and
his office was that the bus stop
not be moved.
A lengthy discussion followed
on the removal or retention of
the bus stop and the alternatives
that had been suggested.
7/16/80
Page 11
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
(TF-822)
Councilwoman Teglia:
Councilwoman Teglia:
Councilwoman Tegl ia:
Councilwoman Tegl ia:
Mayor Acosta:
ITEMS FROM COUNCIL
Concensus of Council was to go
with the recommendation of the
Departments.
Questioned why Staff had not
provided information in relation
to SAMTRANS and the new Municipal
Services Building that had been
requested.
Commended Margie O'Clare for her
fair reporting techniques and
stated another reporter would be
covering the City's news after
tonight.
Was concerned about the amount
of claims of people being injured
on public sidewalks and asked for
a report from the Department of
Public Services on sidewalk repair.
Director of Public Services Yee
stated that in the coming Budget
Sessions this item would be
covered as it was a budget item.
Requested the Police Department
to abate the problem of the
abandoned vehicle at Winston Manor
Shopping Center.
Mayor Acosta asked Mr. Rogers if
it remained for the property owner
to post his property "Unauthorized
Parked~Vehicles, Article 22658,
Shall Be Removed At the Owners Risk",
before an abandoned vehicle can be
removed.
Police Chief Datzman stated that
he would look into it and provide
Council with an answer as well as
the citizen.
Received many complaints from
citizens on young people having
parties on the streets at 4:30 p.m.
and they are drinking and smoking
pot and asked for more surveilance.
7/16/80
Page 12
gc'r ou TA <E. 269
GOOD AND WELFARE
(TF-872)
(TF-932)
Executive Session:
RECALL TO ORDER
(TF-948
GOOD AND WELFARE
Mrs. Doris Agee, 819 Ridge Court,
expressed concern over the mainten-
ance of private driveways which is
a problem that condominium home-
owners have and asked if Council
had an Ordinance where the Police
could deal with the problem.
Police Chief Datzman stated a
report had been submitted to
Planning that describes some of
the Police concerns on the matter
and said the Police are working
with the City Attorney to get
clarification for Mrs. Agee.
Mr. James Elmore, 642 Commercial
Street, asked for a follow-up on
~his meeting with the Mayor and
Staff and it was mentioned that
there might be a meeting with
the Planning Commission as well
to answer the remainder of his
questions.
Ms. Jane Lee, 1321 Hillside Blvd.,
said she was the individual that
had overheard the Mayor's remark
at the Council meeting and that
the Enterprise Journal had called
her and had directly quoted her.
She stated that Council should
set the example by using ethical
professional language in meetings
before the public.
Council adjourned to an Executive
Session at l:O0 a.m.
The meeting was recalled to order
at 1:05 a.m., all Council present.
Mayor Acosta stated that Council
had just completed final interviews
in Executive Session of the two
top candidates for Fire Chief as
recommended by the Professional
Evaluation Panel and the City
Manager. He stated that Council
7/16/80
Page 13
AGENDA
ACTION TAKEN
ADJOURNMENT (TF-960)
RESPECTFULLY SUBMITTED,
has unanimously appointed
Battalion Chief John Drago to
the position of Fire Chief and
also wishes to commend Captain Moke
for the excellent presentation for
the top administrative position.
M/S Damonte/Teglia - That the meet-
ing be adjourned.
Carried by unanimous voice vote.
Time of adjournment: 1:05 a.m.
APPROVED:
Barbara A. Battaya, City/~lerk
City of South San Francisco
Ronal G. Acosta, Mayor
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to
dispose of the item. Oral presentations, arguments, and comments are recorded on
tape. The tape and documents related to the items are on file in the office of
the City Clerk and available for inspection, review and copying.
7/16/80
Page 14