HomeMy WebLinkAboutMinutes 1980-08-20Mr. Ronald G. Acosta
Vice Mayor Nicolopulos
Council:
Mark N. Addiego
Emanuele N. Damonte
Roberta Cerri Teglia
MINUTES
CITY COUNCIL
W. Orange Avenue Library Auditorium
August 20, 1980
AGENDA
Regular Meeting
CALL TO ORDER:
(Side 1 TF-O01)
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
City Manager Birkelo Requested:
- An Executive Session at the end
of the meeting for the purpose
of labor relations.
ORAL COMMUNICATIONS
PRESENTATIONS
A RESOLUTION COMMENDING DR. ALVAREZ
A RESOLUTION COMMENDING RICHARD CANZIANI
ACTION TAKEN
Regular Meeting
8:20 p.m. Mayor Acosta presiding.
Council Present: Teglia, Damonte,
Nicolopulos,
Addiego and Acosta.
Council Absent: None.
Recited.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Mr. James Elmore, 642 Commercial St.,
stated that on three occasions in
the prior three weeks he had called
the Police Department for aid and
had been told the Department was
short handed and if he didn't
like it to address City Council.
A discussion followed to the
effect that Council would investi-
gate the Communication Department's
tapes on the dates involving the
incidents Mr. Elmore spoke of and
delve into the circumstances.
PRESENTATIONS
Motion by Nicolopulos - to adopt
both Resolutions.
RESOLUTION NO. 96-80
RESOLUTION NO. 97-80
Carried by unanimous roll call vote.
Mayor Acosta read the Resolution
into the record commending
Dr. Alvarez.
8/20/80
Page 1
AGENDA ACTION TAKEN
PRESENTATIONS
CONSENT CALENDAR (TF-051)
1. Minutes of the Special Meeting of
7/30/80.
2. Claim as filed by Francix X. Doherty,
Attorney at Law, on behalf of Pacific
Indemnity Co., insurer for Edward and
Christine Henderson, alleging damage
and destruction of Mr. & Mrs. Henderson's
residence due to a broken subdrain
system resulting in the collapse of
their dwelling.
3. Claim as filed by Robert C. Field,
Attorney at Law, on behalf of Edward
J. Henderson and Christine M.
Henderson, alleging property and per-
sonal damages sustained as the result
of negligent and wrongful actions
which caused property damages and per-
sonal stress due to a cave-in of the
rear yard and the declaration that the
house was unsafe and the family was
evacuated.
4. Claim as filed by Michael B. Price,
Attorney at Law, on behalf of Barbara
LaFon, alleging property damages due
to land collapsing around subject's
residence causing improvements to
partially collapse.
Staff Report 8/20/80 - recommending
adoption of a Resolution approving
plans and specifications and author-
izing the Purchasing Officer to
advertise and receive bids for the
1980-81Colma Creek Tributaries
Dredging Program, Project No. SD-80-1.
PRESENTATIONS
Dr. Alvarez expressed his apprec-
iation to Council.
Vice Mayor Nicolopulos read the
Resolution into the record com-
mending Richard Canziani.
Mr. Richard Canziani expressed
his appreciation to Council.
CONSENT CALENDAR
Approved.
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.
Removed from the Consent Calendar
by Councilman Addiego.
8/2o/8o
Page 2
AGENDA
CONSENT CALENDAR
5. Staff Report 8/20/80 - Continued.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE WORK
AND CALLING BIDS FOR 1980-1981COLMA
CREEK TRIBUTARIES DREDGING PROGRAM,
PROJECT NO. SD-80-1
Staff Report 8/20/80 - recommending
adoption of a Resolution approving
plans and specifications and author-
izing the Purchasing Officer to
advertise and receive bids for the
1980-81Colma Creek Tributaries
Dredging Program, Project No. SD-80-1.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE WORK
AND CALLING BIDS FOR 1980-1981COLMA
CREEK TRIBUTARIES DREDGING PROGRAM,
PROJECT NO. SD-80-1
APPROVAL OF BILLS
6. Regular Bills of August 20, 1980.
CITY ATTORNEY
Staff Report 8/20/80 recommending
adoption of an Ordinance prohibiting
the sale and possession of aerosol
containers of paint to a minor; 1)
ACTION TAKEN
CONSENT CALENDAR
M/S Nicolopulos/Teglia - Consent
Calendar be approved. Carried
by unanimous voice vote.
Councilwoman Teglia asked for
further discussion on Items 2,
3 and 4 in Executive Session.
Councilman Addiego asked if
this was the item that had been
discussed in the budget session
and would now contain $20,000
as an alteration to the Budget.
Director of Public Services Yee
explained that this was a yearly
dredging program to prepare for the
rainy season and dredge sand and
silt from the Colma Creek tribu-
taries within the City.
M/S Addiego/Teglia - To adopt
the Resolution.
RESOLUTION NO. 98-80
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Damonte/Teglia - To approve
the Regular Bills.
Carried by unanimous voice vote.
Councilman Addiego did not parti-
cipate or vote in the matter of
the claims of Brentwood Market.
CITY ATTORNEY
8/2o/8o
Page 3
AGENDA ACTION TAKEN
CITY ATTORNEY
7. Staff Report 8/20/80 - Continued.
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 on aerosol
containers.
2nd Reading/Adoption
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO PROHIBITING THE SALE TO MINORS
WHO ARE NOT ACCOMPANIED BY A RESPONSIBLE
ADULT OF AEROSOL CONTAINERS OF PAINT OR
OTHER LIQUID SUBSTANCES CAPABLE OF DE-
FACING PROPERTY AND PROVIDING FOR PEN-
ALTIES FOR VIOLATION THEREOF
CITY MANAGER (TF-112)
o
Staff Report 8/20/80 - recommending
a Resolution requesting consolidation
with the County to put a Magnolia
Center Measure on the November Ballot.
A RESOLUTION ORDERING AND CALLING A
CITY ATTORNEY
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.
Assistant City Attorney Rogers
explained that this Ordinance
would make it unlawful for a minor
to possess an aerosol container
in public or on someone else's
property unless accompanied by
a responsible adult.
Councilman Addiego stated that
this Ordinance would prove to
be ineffective if passed.
M/S Damonte/Nicolopulos - That
the Ordinance be passed and adopted.
ORDINANCE NO. 833-80
Carried by majority roll call vote,
Councilman Addiego voting no.
A discussion followed on discret-
ionary police power and the extent
to which it was pursued.
Mayor Acosta stated that the
Ordinance would be presented to
the League of Mayors' meeting to
solicit individual adoption of
the Ordinance and have uniformity
of Cities.
CITY MANAGER
City Manager Birkelo stated that
this Resolution was being submitted
at Council's direction for a
Ballot Measure to be put before
the voters in the November Election
to clarify the community's attitude
8/2o/8o
Page 4
CITY MANAGER
8. Staff Report - Continued.
SPECIAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 4, 1980 FOR THE PURPOSE OF
SUBMITTING TO THE VOTERS A MEASURE
REGARDING MAGNOLIA CENTER BUILDING AND
REQUESTING CONSOLIDATION WITH THE
GENERAL ELECTION TO BE HELD ON THE
SAME DATE
CITY MANAGER
towards preservation and restoration
of Magnolia Center vs. the elimin-
ation of the Center. This matter
was discussed at the Adjourned
meeting on August 18, 1980 and
Council had decided more infor-
mation was needed for the voters
in the way of costs and spoke of
deferring the Measure until the
November 1981 Election. He
stated that security measures
were underway for the Center
to provide protection for the
building during the interim
period until the voters decided
the future of the Center. He
withdrew his recommendation for
the Resolution in view of the
previously stated information.
Consensus of Council was approval
of the withdrawal of the recommen-
dation.based upon Council's dir-
ection.
An unidentified citizen who
resides across the street from
the Center spoke of two bombs
exploding Saturday morning and
was concerned that more damage
would be done and people would
be injured. She asked if the
Federal Government had been
contacted for some kind of funding
available for the restoration of
the Center.
Mayor Acosta explained that
Council did not feel that Staff
had sufficient information for
the voters on the restoration
of the Center to provide the
arguments for and against the
Measure. He stated that there
was a Proposition on the November
Ballot that would authorize G.O.
Bonds which will mean that if two-
thirds of the people of South San
Francisco in November 1981 want
this Project to go forward it
would cost the people of South
San Francisco less money per year.
8/20/80
Page 5
AGENDA ACTION TAKEN
CITY MANAGER
8. Staff Report - Continued.
Staff Report 8/20/80 - recommending
adoption of a) an Ordinance granting
CATV Franchises; 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.
2nd Reading/Adoption
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO PROVIDING FOR THE GRANTING
OF FRANCHISES FOR COMMUNITY ANTENNA
TELEVISION SYSTEMS AND PROVIDING TERMS
AND CONDITIONS FOR THE OPERATION OF
CITY MANAGER
Mayor Acosta continued, if the
Measure was put on the Ballot
as it was proposed originally
it would be $20 per year charged
to residential units only, yet
if the other one is passed it
encompasses residential as well
as commercial and the cost would
be far less to the residents.
Councilwoman Teglia stated that
the November 1981 Election would
allow enough time for the supporters
of the restoration of the Center
to organize and convince others
that the Center should be saved.
Councilman Damonte stated that
the School District had recently
been organizing some citizen~
committees on different projects
and suggested citizens look into
forming a committee of businessmen
and senior citizens and others
that would work towards the
success of the restoration of the
Center.
Mrs. Lillian Conger thanked the
Council for putting the matter
off to allow citizens to work for
the success of the Center and
asked that there be meetings at
the Senior Citizens Center during
the day to organize a committee.
M/S Damonte/Teglia - 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/Nicolopulos - That
the Ordinance be passed and
adopted,
8/20/80
Page 6
AGENDA ACTION TAKEN ~t9
CITY MANAGER
9. Staff Report - Continued. (TF-175)
SUCH COMMUNITY ANTENNA TELEVISION
SYSTEMS AND FEES THEREFOR: AND
REPEALING ORDINANCE NO. 547, AN
ORDINANCE ON THE SAME SUBJECT
b) Adoption of an Ordinance extending
the Western TV Cable Franchise; 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.
2nd Reading/Adoption
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO RENEWING FOR FIFTEEN YEARS
A FRANCHISE FOR A CABLE TELEVISION
SYSTEM TO WESTERN TV CABLE
10.
Staff Report 8/20/80 - recommending
adoption of an Ordinance amending the
Personnel Ordinance No. 449; 1)
Waive the reading of the Ordinance in
its entirety and that the Ordinance be
passed and adopted by reading title
only: 2) That it be passed and adopted.
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTION 6, OF
ORDINANCE NO. 449, ADOPTED MARCH 21,
1960, ENTITLED "AN ORDINANCE OF THE
CITY OF SOUTH SAN FRANCISCO RECREATING
AND RE-ESTABLISHING A PERSONNEL SYSTEM
FOR THE CITY OF SOUTH SAN FRANCISCO AND
REPEALING ORDINANCE NO. 216 AND ALL
INCONSISTENT ORDINANCES (TF-180)
CITY MANAGER
On the question Councilwoman Teglia
asked Assistant City Attorney Rogers
if the section of the Ordinance
dealing with complaints had been
corrected and was assured it had
been changed per Council direction.
ORDINANCE NO. 834-80
Carried by unanimous voice vote.
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.
ORDINANCE NO. 835-80
Carried by unanimous voice vote.
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,
Councilwoman Teglia stated that
a clerical classification study
had been made of City personnel
and the resultant title changes
and pay increases were included
in the Ordinance.
ORDINANCE NO. 836-80
Carried by unanimous voice vote.
8/20~80
Page 7
50
CITY MANAGER
ll.
Staff Report 8/20/80 - recommending
adoption of a Resolution authorizing
the City Manager to execute an Agree-
ment to Purchase Tax-Deeded Land,
Parcel No. 014-021-330. (TF-190)
12.
Staff Report 8/20/80 - recommending
adoption of a Resolution of Intention
to approve an amendment to contract
between PERS and City and to make
public the cost implications of the
increase in retirement benefits for
local fire members.
A RESOLUTION OF INTENTION TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO
COMMUNITY DEVELOPMENT
13. Public Hearing - for the rezoning on
Hillside Blvd. and Northwest corner
of No. Spruce RZ-80-63.
Staff Report 8/20/80 - recommending
CITY MANAGER
City Manager Birkelo stated that
the City Attorney had requested
deferral on this item until the
next meeting.
Consensus of Council to defer
this item until the next meeting.
City Manager Birkelo stated that by
adoption of this Resolution the
Agreement with PERS would be changed
to provide that the single highest
year's compensation would be the
determinant for retirement pensions.
He read the following into the
record: "FOR LOCAL FIRE MEMBERS:
The City's contribution rate with-
out this option would be 28.622%
of payroll, equaling an annual
expenditure of $500,282.35. The
optional benefit will increase
the agency's rate 2.128% with an
annual cost implication of
$37,143.29. The percentage increase
will apply to all members' payroll
covered by these benefits until
the year 2000. It should be
noted that the percentage figures
are subject to change in the
future with any change in actuarial
data."
A discussion followed on the City's
contribution, how this plan com-
pared to other agencies and what
other safety workers had this
same option.
M/S Damonte/Nicolopulos - To adopt
the Resolution.
RESOLUTION NO. 99-80
Carried by unanimous roll call vote.
COMMUNITY DEVELOPMENT
Mayor Acosta declared the Public
Hearing open.
Director of Community Development
Dell'Angela stated that the
8/2o/80
Page 8
AGENDA ACTION TAKEN 51
COMMUNITY DEVELOPMENT
13. Public Hearing - Continued. (TF-241)
adoption of an Ordinance amending
Ordinance No. 353 and rezoning
Hillside Blvd. and the northwest
corner of No. Spruce RZ-80-63; l)
Waive the reading of the Ordinance in
its entirety; 2) Introduce and read
for the first time.
1st Reading/Introduction
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO NO. 353 AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO", AND ESTABLISHING A C-3
DISTRICT ON A PORTION OF THE NORTHWEST
CORNER OF NORTH SPRUCE AVENUE AND
HILLSIDE BLVD.
FINANCE
14.
Staff Report 8/20/80 - recommending
adoption of a Resolution awarding
the sale of the bonds to the City
Treasurer for the Downtown Revital-
ization Assessment District Project
No. ST-79-1 and stipulating an
interest rate of 9%. (TF-250)
A RESOLUTION AUTHORIZING PURCHASE OF
COMMUNITY DEVELOPMENT
Ordinance was a zoning change
proposal for the northwest corner
of North Spruce Avenue and
Hillside Blvd. from the RPD-6 to
C-3 zone. He further requested
approval of Negative Declaration
No. 273.
Mayor Acosta invited anyone who
wished to speak in favor of the
rezoning to step to the podium -
no one responded.
Mayor Acosta then invited anyone
who wished to speak against the
rezoning to step to the podium -
no one responded.
Mayor Acosta closed the Public
Hearing.
M/S Damonte/Nicolopulos - To
approve the Negative Declaration.
Carried by unanimous voice vote.
M/S Teglia/Addiego - 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.
M/S Teglia/Nicolopulos - That the
Ordinance be introduced by reading
title only.
Carried by unanimous voice vote.
FINANCE
Director of Finance Anderson
said this was the assessment
associated with the Downtown
Revitalization and that a Resolution
had been adopted on August 6th
determining the unpaid assessments
and providing for the issuance of
bonds. He continued, the action be-
fore Council tonight is to authorize
8/2O/8O
Page 9
AGENDA ACTION TAKEN
FINANCE
14. Staff Report - Continued.
BONDS BY CITY - DOWNTOWN REVITAL-
IZATION PROJECT ST-79-1 ASSESSMENT
DISTRICT
(TF-268)
POLICE
15.
Staff Report 8/20/80 - recommending
adoption of a Resolution authorizing
destruction of certain records in
accordance with Government Code,
Section 34090. (TF-284)
A RESOLUTION APPROVING DESTRUCTION OF
CERTAIN RECORDS OF THE SOUTH SAN
FRANCISCO POLICE DEPARTMENT IN ACCORD-
ANCE WITH GOVERNMENT CODE SECTION 34090
FINANCE
the purchase of the bonds by the
City Treasurer and stipulating
the interest rate as 9%.
M/S Addiego/Teglia - To adopt the
Resolution.
RESOLUTION NO. 100-80
Carried by unanimous roll call vote.
Councilwoman Teglia requested
an explanation of pending dispos-
ition of the litigation of this
matter in Executive Session.
Councilman Damonte requested a
progress report on the Downtown
Revitalization Project.
Director of Public Services Yee
related that one-half of the
project had been completed and
described the six phases of the
Project.
Councilman Damonte expressed
concern over the defacement of
the concrete benches and asked
when corrective measures would
be taken to restore the benches.
Director of Public Services Yee
stated that the benches would be
sandblasted in the near future.
POLICE
Motion by Teglia - To adopt the
Resolution.
RESOLUTION NO. lO1-80
Carried by unanimous roll call vote.
8/20/80
Page 10
AGENDA ACTION TAKEN
POLICE
16.
Staff Report 8/20/80 - recommending
adoption of an Ordinance establishing
a Police Reserve; l) Waive the read-
ing 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 establishing a
Police Reserve. (TF-288)
2nd Reading/Adoption
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO ESTABLISHING A POLICE RESERVE
17.
Staff Report 8/20/80 - recommending
adoption of an Ordinance amending the
Building Security Ordinance No. 825-80;
1) Waive the reading of the Ordinance
in its entirety; 2) Introduce and
read for the first time an Ordinance
amending Building Security Ordinance
No. 825-80. (TF-292)
1st Reading/Introduction
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO AMENDING ORDINANCE NO. 825-80
AND EXPANDING THE SCOPE OF CERTAIN
PORTIONS OF THAT ORDINANCE TO INCLUDE
RESALES OF SINGLE FAMILY DWELLINGS
PUBLIC SERVICES
18.
Staff Report 8/20/80 - recommending
adoption of a Resolution to approve
plans and specifications and authorize
the Purchasing Officer to advertise and
receive bids for the Airport Boulevard
Improvement, Project NO. ST-74-2.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE WORK
AND CALLING BIDS FOR THE AIRPORT BOULEVARD
IMPROVEMENT PROJECT, PROJECT NO. ST-74-2
POLICE
M/S Teglia/Damonte - That the
reading of the Ordinance in its
entirety be waived and that the
Ordinance and that the Ordinance
be passed and adopted by reading
title only.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - That
the Ordinance be passed and
adopted.
ORDINANCE NO. 837-80
Carried by unanimous voice vote.
M/S Teglia/Addiego - 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.
M/S Teglia/Addiego - That the
Ordinance be introduced by
reading title only.
Carried by unanimous voice vote.
PUBLIC SERVICES
Director of Public Services Yee
stated that this was for the
reconstruction and improvement
of Airport Boulevard from San
Mateo Avenue to the North City
Limits. He described in detail
the improvements to the street
drainage system, bikeways, new
and repaired sidewalks, etc.
A discussion followed on subsidy
from Southern Pacific for
8/20/80
Page ll
AGENDA A C T ]' 0 N TAKEN
PUBLIC SERVICES
18. Staff Report - Continued.
COMMUNICATIONS
19. Request from St. Veronica's School
for a temporary Festival Permit on
September 26 - 28, 1980 at 434
Alida Way and waive any fees. (TF-350)
ITEMS FROM STAFF
ITEMS FROM COUNCIL
GOOD AND WELFARE
Executive Session:
RECALL TO ORDER:
ADJOURNMENT
RESPECTFULLY SUBMITTED,
City of South San Francisco
PUBLIC SERVICES
beautification of the underpass,
ways of enhancing the divider strips
etc.
Motion by Teglia - To adopt the
Resolution.
RESOLUTION NO. 102-80
Carried by unanimous roll call vote.
COMMUNICATIONS
Motion by Teglia - To grant the
Festival Permit and waive any fees.
Carried by unanimous voice vote.
ITEMS FROM STAFF
None.
ITEMS FROM COUNCIL
None.
GOOD AND WELFARE
None.
Mayor Acosta adjourned the meeting
to an Executive Session at 9:25
p.m.
The meeting was recalled to order
at 10:12 p.m., all Council present,
no action taken.
M/S Teglia/Damonte - That the
meeting be adjourned.
Carried by unanimous voice vote.
Time of adjournment 10:14 p.m.
APPROVED:
Ronald G. Acosta, Mayor
City of South San Francisco
8/20/80
Page 12
AGENDA
ACTION TAKEN
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.
8/2O/8O
Page 13