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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