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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