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HomeMy WebLinkAboutMinutes 1980-09-30Mr. Ronald G. Acosta Vice Mayor Nicolopulos Council: Mark N. Addiego Emanuele N. Damonte Roberta Cerri Teglia AGENDA Regular Meeting CALL TO ORDER (Side i TF-O01) PLEDGE OF ALLEGIANCE AGENDA REVIEW Finance Director Anderson Requested: - Defer Item #3 to the 9/17/80 Meeting. - Late claim request from Todd M. Mason to be added as Item #6a. and 1) Approve the request to file a late claim; 2) Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. - Add Item #10a. requiring a Motion to approve and authorize the Director of Public Services to execute Change Order #1. - Defer Item #13 to the 9/17/80 Meeting. - Executive Session following the meeting for personnel matters. - Adjourn tonight's meeting to 9/4/80 at 5:30 p.m. at the City Council Conference Room for the Tax Rate Resolution and an Executive Session for labor negotiations. ORAL COMMUNICATIONS M I N U T E S CITY COUNCIL W. Orange Avenue Library Auditorium September 3, 1980 ACTION TAKEN Regular Meeting 7:30 p.m. Mayor Acosta presiding. Council Present: Teglia, Damonte, Council absent: Recited. AGENDA REVIEW Nicolopulos, Addiego and Acosta. None. So ordered. ORAL COMMUNICATIONS No one spoke under Oral Communications. Councilwoman Teglia introduced the Scout Troup #292 and stated the Troup was earn- ing their citizenship and community merit badge. 9/3/80 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR 1. Minutes of the Regular 8/6/80 and Adjourned 8/7/80 Meetings. e Claim as filed by Jeanette Jones alleging damages to her automobile when struck by a ball thrown from the Buri Buri Park. Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. o Staff Report 9/3/80 - recommending a Resolution awarding the bid to various suppliers for the Municipal Services Building. o A RESOLUTION OF AWARD OF CONTRACT MUNICIPAL SERVICES BUILDING - PROJECT NO. PB-78-1 - INTERIORS Staff Report 9/3/80 - recommendin9 a Motion to authorize the Purchasin9 Officer to advertise for bids for the Municipal Fire Alarm Box System. o Staff Report 9/3/80 - recommending a Resolution authorizing the award of contract for the 1980-81 Street Resurfacing Program Project No. ST-80-1. A RESOLUTION OF AWARD OF CONTRACT 1980-81 STREET RESURFACING PROGRAM, PROJECT NO. ST-80-1 6. Staff Report 9/3/80 - recommending a Motion of final acceptance of street improvements within Ridgeview Court, Stonegate Terrace Condominium Subdi vi si on. 1. Minutes of the Regular 8/6/80 and Adjourned 8/7/80 Meetings. CONSENT CALENDAR Removed from the Consent Calendar by Councilman Addiego. Removed from the Consent Calendar by Councilman Addiego. Deferred to the 9/17/80 Meeting. Removed from the Consent Calendar by Councilman Addiego. Removed from the Consent Calendar by Councilwoman Teglia. Removed from the Consent Calendar by Mayor Acosta. Councilman Addiego stated that page 9 paragraph 4 of the 8/6/80 Minutes which reads "attention of the Board of Supervisors..." should read "attention of the School Board" He questioned whether Staff had sent investigative reports out to citizens, such as Mrs. Agee, who had brought up concerns under Good and Welfare. 9/3/80 Page 2 ,aGENDA ACTION TAKEN 1. Minutes - Continued. 0 e Claim as filed by Jeanette Jones alleging damages to her automobile when struck by a ball thrown from the Buri Burl Park. Motion to deny and refer to the City's I'nsurance Adjuster and to the Office of the City Attorney. (TF-049) Staff Report 9/3/80 - recommending a Motion to authorize the Purchas- ing Officer to advertise for bids for the Municipal Fire Alarm Box Receiving Console. Councilman Addiego stated that the Mayor had instructed the City Manager to have Staff get in touch with the citizens who expressed their concern under Good and Welfare and he questioned what had been done in this regard by Staff. M/S Damonte/Teglia - To approve the corrected Minutes. Carried by unanimous voice vote. Councilman Addiego stated that Council- woman Teglia had requested correspondence from the City Attorney on the claims to date and the disposition of the claims and asked when that information would be forthcoming. Director Of Finance Anderson stated that his understanding was that the City Attorney was working on this and that in Executive Session the listings from the George Hills Company as to the final disposition of the claims would be presented. M/S Damonte/Addiego - To deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. Carried by unanimous voice vote. Councilman Addiego stated that he had understood that the City was phasing out the fire alarm;system in the residential areas and asked Fire Chief Drago what areas o the City would the new console be serving. Fire Chief Drago stated that this request was to replace outmoded equipment the Fire Department had been using and would not be adding any new fire alarm boxes. He further stated that this new equipment would tie everything into the new communications center. Finance Director Anderson stated that the areas served by the boxes now were the commercial and industrial areas. Fire Chief Drago stated this new console would not have any effect on the fire boxes and that the City would be replacing some of the overhead 9/3/80 Page 3 AGENDA ACTION TAKEN 4. Staff Report 9/3/80 - Continued. o Staff Report 9/3/80 - recommending a Resolution authorizing the award of contract for the 1980-81 Street Resurfacing Program Project No. ST-80-1. A RESOLUTION OF AWARD OF CONTRACT 1980-81 STREET RESURFACING PROGRAM, PROJECT NO. ST-80-1 Staff Report 9/3/80 - recommending a Motion of final acceptance of street improvements within Ridgeview Court, Stonegate Terrace Condominium Subdivision. wires on the poles that are no longer functioning. M/S Damonte/Nicolopulos - To authorize the Purchasing Officer to advertise for bids for the Municipal Fire Alarm Box System. Carried by unanimous voice vote. M/S Addiego/Teglia - To adopt the Resolution. RESOLUTION NO. 103-80 Carried by unanimous voice vote. Councilwoman Teglia asked the Director of Public Services Yee about the improve- ments to be made and if this included the number system for addresses and appropriate signs for the addresses. Director of Public Services Yee stated that this was for street improvements that the Subdivider was obligated to take care of and the City Inspector had inspected the improvements and was satisfied that they were done properly, now the City had to accept it and release the bond. He stated he was not familar with the unit number- ing requirements, however he would look into the matter and report back to Council. Councilman Addiego asked if final accept- ance gave the City the responsibility to maintain the sidewalks. Director of Public Services Yee stated that the City had a policy that the sidewalk should be the owner's responsib- ility and in this case the City accepted it for maintenance. The City has a bond that requires the Subdivider to install the improvements and in order to release the bond the City has to accept the improvements as satisfactory and complete. He stated that the matter of responsibility to maintain 9/3/80 Page 4 A G E N D A A C T I 0 N T A K E N ~ 6. Staff Report 9/3/80 - Continued. the sidewalks was a legal question and the City Attorney would have to respond. 6a. Late claim request from Todd M. Mason and a request to approve the late claim and a Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. (TF-IO1) APPROVAL OF BILLS 7. Regular Bills of September 3, 1980. CITY MANAGER e Public Hearing - South San Francisco Scavenger Company Fran- chise and proposed rate increases. Staff Report 9/3/80 - recommending 1) Open the Public Hearing; 2) Close the Public Hearing; 3) Adopt a Resolution authorizing rate adjustments and increasing the franchise fee. (TF-129) A RESOLUTION ESTABLISHING SCAVENGER RATES AND CHARGES FOR 1980 Assistant City Attorney Rogers said he would research the matter of responsibility and put the information in a Status Report to Council, however the Bond would have to be released by Council action tonight. M/S Addiego/Teglia - To accept the curbs, gutters, streets with the exception of the sidewalk~maintenance. Carried by unanimous voice vote. M/S Teglia/Damonte - To allow the lat~ claim for consideration. Carried by unanimous voice vote. M/S Teglia/Addiego - To deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/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. CITY MANAGER Mayor Acosta opened the Public Hearing. Assistant to the City Manager Wilson explained the methods by which the franchise rates may be requested to be increased: the request and review process and a public hearing. He explained in detail the basis that was used for the proposed rate increases due to the rising energy costs, etc. A discussion followed on the CPI and the COL with an in-depth discussion 9/3/80 Page 5 AGENDA ACTION TAKEN CITY MANAGER 8. Public Hearing - Continued. (TF-165) ge Staff Report 9/3/80 - recommending adoption of a Resolution authorizing the City Manager to execute an Agreement to purchase tax-deeded land, Parcel No. 041-021-330. CITY MANAGER of the dollar's purchasing power with the rising energy prises. Mayor Acosta opened the Public Hearing and invited those who wished to speak in favor of the rate increase to step to the podium. Mr. Carlo Franco, South San Francisco Scavenger Company, spoke in favor of the rate increase and cited problems with the union that made it necessary to ask for the rate increase. He continued telling of the high price of new trucks that were needed by the Company to replace worn out ones and the problems ~he Company has had in bargaining with the Union. Mayor Acosta invited thosed who wished to speak against the rate increase to step to the podium - no one spoke. Councilwoman Teglia stated that even with the increased scavenger rates South San Francisco, whose rates also included monthly lawn pickups, were far below the prices charges for this service by neighbori~ng cities. Councilman Addiego felt the City was getting tremendous service from the Scavenger Company and pointed out that the Company operated under a franchise agreement and will pay the City a fee of 2½% of the gross revenue. Mayor Acosta closed the Public Hearing. Motoin by Nicolopulos - To adopt the Resolution. RESOLUTION NO. 104-80 Carried by unanimous roll call vote. 9/3/80 Page 6 ACTION TAKEN AGENDA CITY MANAGER 9. Staff Report - Continued. A RESOLUTION AUTHORIZING PURCHASE OF TAX DEEDED PROPERTY (ASSESSOR'S PARCEL NO. 014-021-330. FINANCE 10. lOa. Staff Report 9/3/80 - recommending by Motion authorization for the Purchasing Officer to expend an additional $1,570 toward the pur- chase of Police Department's Automated Data Processing Equipment from IBM to increase information storage by 120%. (TF-195) (TF-229) Requesting a Motion to approve and authorize the Director of Public Services to execute Change Order #1 for $10,400 for the application of a glazing compound to sidewalks for the Downtown Revitalization. CITY MANAGER Motion by Teglia - To adopt the Resolution. RESOLUTION NO. 105-80 Carried by unanimous roll call vote. FINANCE Finance Director Anderson stated that after the award to IBM under the ICAP Program Staff discovered IBM could increase the storage capacity by a significant amount at a cost of $1,570. M/S Damonte/Teglia - To authorize the Purchasing Officer to expend the additional $1,570. Councilman Addiego stated that if this cost $1,570 today and three years hence $10,000 to install, had anyone considered that in the future computers would be easier to produce and the prices would be lower. Police Sergeant Tognetti stated that computer prices had gone down in recent years, however when additional storage is added to a piece of equipment it is not the same as going out to bid. To increase storage on an IBM computer, IBM equipment must be used. He stated that the equipment to be purchased would be hardware in response to Councilman Addiego's questioning. A discussion followed on bytes and characters, disc storage, etc. Mayor Acosta called for a vote on the Motion and Second. Carried by unanimous voice vote. Director of Finance Anderson stated that in the original bids the glazing of the sidewalks had been omitted to minimize the bidding costs, however once the sidewalks were in place it was discovered that the omission would increase the maintenance costs. He continued, that · 9/3/80 Page 7 AGENDA ACTION TAKEN CITY MANAGER lOa. Requesting a Motion - Continued. (TF-309) COMMUNITY DEVELOPMENT ll. Staff Report 9/3/80 - recommending adoption of an Ordinance amending Ordinance No. 353 and rezoning Hillside Blvd. and the northwest corner of No. Spruce RZ-80-63; 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 OF THE CITY OF SOUTH SAN FRANCISCO ORDINANCE 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 CITY MANAGER what the City was intending to do now was is to seal the sidewalks immediately for the longer term maintenance. Vice Mayor Nicolopulos asked if the cracks between the bricks in the sidewalks would be filled in. Director of Public Services Yee stated that the area would be filled in with a different, softer material on top. Councilman Damonte commented on the diagonal cuts in the bricks and asked i'f grouting would be used to fill in the bricks. The response was that the bricks would be filled in with grouting. A discussion followed on the portion of Gas Tax Funds that would be used for the Project, the percentage of participation, how long the glazing would last, etc. M/S Damonte/Teglia - To approve and authorize the Director of Public Services to execute Change Order #1. Carried by unanimous voice vote. COMMUNITY DEVELOPMENT 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. Councilman Addiego made reference to the Staff Report and questioned what Director of Community Development Dell'Angela meant by the term "to screen." Director of Community Development Dell'Angela stated that the statement related to the bank which is going to be landscapped, 9/3/80 Page 8 COMMUNITY DEVELOPMENT ll. Staff Report 9/3/80 - Continued. NORTHWEST CORNER OF NORTH SPRUCE AVE. AND HILLSIDE BLVD. F (TF-335) POLICE 12. Staff Report 9/3/80 - recommending adoption of an Ordinance amending the Building Security Ordinance No. 825-80; 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 amending Building Security Ordinance No. 825-80. COMMUNITY DEVELOPMENT Councilman Addiego asked if the City was screening from the North Spruce side, the residential side, or from Hillside Blvd. Director of Community Development Dell'Angela answered that it would be screened from the Spruce side, residential side. Councilman Addiego commented that the screening is not being done by land- scapping as much as it is being done by the nature of the terrain. A discussion followed on the zoning and whether the land could be used as a parking space and whether there would be access to the entire parcel from North Spruce. M/S Damonte/Nicolopulos - That the Ordinance be passed and adopted. ORDINANCE NO. 838-80 Carried by unanimous voice vote. Councilwoman Teglia asked the Assistant City Attorney Rogers if a Motion could have been made to waive the reading and introduce by title only and pass the Ordinance. Assistant City Attorney Rogers stated that it required two Motions because if one person objects the Ordinance must be read in its entirety. POLICE Director of Finance Anderson stated that the Board of Realtors had not had an opportunity to fully review and understand this Ordinance and Staff is suggesting that the second reading be continued until September 17, 1980 to give an opportunity for the review with Staff for the Board to understand the Ordinance. Mr. John D. Boehle, 50 Victoria Ave., 9/3/80 Page 9 AGENDA ACTION TAKEN POLICE 12. Staff Report 9/3/80 - Continued. 13. 2nd Reading/Adoption 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 Staff Repo~trt~8~20~80- ~oo~ng adoption of a Resolution approving and adopting South San Francisco Police Department's Rules and Regula- tions. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING AND ADOPTING SOUTH SAN FRANCISCO POLICE DEPARTMENT RULES AND REGULATIONS, 1980 EDITION, AND SUPERSEDING PREVIOUS EDITIONS ~_~:~_.2 ITEMS FROM STAFF 14. Staff Report 9/3/80 - recommending by Motion extension of the contract with Menkin-Lucero and Associates to check the 1980 census counts. POLICE a member of the Board of Realtors stated he would meet with the Police~ Chief and other members of Staff and review the Ordinance. Consensus of Council - To continue this item. This item was deferred to the 9/17/80 Meeting under Agenda Review. ITEMS FROM STAFF Director of Community Development Dell'Angela, in response to Councilman Damonte's question, stated that the time was up as far as the contractor was concerned. He continued that these services were needed to respond to the census and advise the City as to the options available to the City in terms of further appeals. He stated that the census figure was 6,000 short of what the City had anticipated and this could involve lost revenue of up to $250,000 a year and recommended that Council approve extension of the contract. Mayor Acosta related that there had been a meeting on this subject with Mr. Menkin and Congressman Royer and felt it was very important for Council to pursue this for the benefit of the City. Councilwoman Teglia expressed concern with the unprofessional manner in which the census was handled and wanted to talk to the Congressman to have him sponsor legislation to correct the situation. 9/3/80 Page 10 AGENDA ACTION TAKEN ITEMS FROM STAFF 14. Staff Report 9/3/80 - Continued. (TF-442) 15. 16. Request to adjourn this meeting to 9/4/80 at 5:30 p.m. for the purpose the approval of a Tax Rate Resolution and an Executive Session. Staff Report 9/3/80 - recommending 1) Waive the reading of the Ordinance in its entirety; 2) Introduce and pass the amendment to Ordinance No. 827-80 "Model Conflict of Interest Code as an Urgency Ordinance as authorized by Government Code. 1st Reading/Adoption AN ORDINANCE AMENDING ORDINANCE NO. 827-80, ENTITLED "AN ORDINANCE ADOPTING THE FAIR POLITICAL PRACTICES COMMISSION'S MODEL CONFLICT OF INTEREST CODE" (TF-451) ITEMS FROM STAFF Director of Community Development Dell'Angela stated that the contract with Menkin-Lucero and Associates would have to be extended through September and the cost would be $3,000 to pay for the consultant to put together any documentation needed to support the City's appeal and/or advising the City on what the next course of action should be. A discussion followed on Congressman Royer's view of the census, the number of units that Staff felt had not been counted, Council being apprised of all information concerning the census and whether City Staff could analyze the information on the census and then advice Council if further services would be needed. M/S Damonte/Addiego - To extend the contract. Carried by unanimous voice vote. This item was approved under Agenda Review. Assistant City Attorney Rogers stated that when this Ordinance was originally set up the members of the Housing Authority and the Executive Director of the Housing Authority had to report certain categories that were in excess of what other similar people in the City had to report. He continued, that it was an inadvertent over-inclusion and was working an injustice on these people. He stated that this Amendment would straighten it out so the Housing Authority would only have to report appropriate financial interests. Councilman Damonte asked if this same consideration had been extended to other Commissions~ such as the Library Board. 9/3/80 Page ll AGENDA ITEMS FROM STAFF 16. Staff Report 9/3/80 - Continued. ACTION TAKEN ITEMS FROM STAFF Assistant City Attorney Rogers stated that the Library Board and the Housing Authority and the Executive Director will all file interests in companies that do business with the City, in addition the Housing Authority will file interests they have that fall within the pervue of their jurisdiction. Councilman Damonte asked if this was also true of the Park & Recreation Commission and the Personnel Board. Assistant City Attorney Rogers stated the the Park & Recreation Commission was the same as the Library Board. The Design Review Board and the Housing Authority and the Executive Director of the Housing Authority have additional requirements. The Design Review Board because of the position held should remain with the additional requirement which is to disclose all interests in real property. Staff feels that the Housing Authority and the Executive Director should be narrowed down so as to be within the framework of other Commissions. Councilwoman Teglia asked if any of the people affected had been notified, as that was the complaint that she had received that nobody knew about it and they would like to have considered it. She continued, this may or may not be acceptable to current members and they would like the opportunity to speak or to make a decision to resign if they felt that they didn't want their privacy and affairs known. In the City's actions this has been precluded and even if they resign they~have~to disclose. She further stated that in the future when the City has legislation that affects Boards and Commissions City Staff should notify the members and allow them input. In response to Vice Mayor Nicolopulos's questioning Assistant City Attorney Rogers explained the mandate from the Fair Political Practices Commission 9/3/80 Page 12 AGENDA ACTION TAKEN ITEMS FROM STAFF 16. Staff Report 9/3/80 - Continued. (TF-602) ITEMS FROM STAFF to adopt Model Conflict of Interest Codes and and the various disclosure categories for the different Boards and Commissions. Councilman Addiego stated concern that when he sees invoices that the Housin9 Authority has approved that total $60,000 and upward to $120,000 and knows that Council has no control for the approval of those invoices, he felt he could understand why the Housing Authority,s realm of disclosure would be larger. He further stated he was not willing to go along with this Amendment at this time and the fact that it was an Urgency Ordinance, he did not feel that it fell under the code of the immediate preservation of peace and safety which made up an Urgency Ordinance. Mayor Acosta stated he would concur with Councilman Addiego in that when one was in public office, whether it be appointed or elected, it carries a duty and responsibility to show what all of the individual's interests are. The discussion continued on the disclosures, fines and penalties, the City's involvement with the Housing Authority, and having input from the other Boards and Commissions. M/S Nicolopulos/Teglia - That the reading of the Ordinance in its entirety be waived. Carried by unanimous voice vote. M/S Nicolopulos/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. The Motion carried by majority roll call vote, Councilman Addiego and Mayor Acosta voted no; however passage of the Ordinance failed through lack of a four-fiths vote as is required 9/3/80 Page 13 AGENDA ACTION TAKEN ITEMS FROM STAFF 16. Staff Report 9/3/80 - Continued. ITEMS FROM COUNCIL Councilwoman Teglia: Vice Mayor Nicolopulos: Councilman Damonte: Mayor Acosta: Mayor Acosta: Mayor Acosta: ITEMS FROM STAFF ~¥ Government Code to pass an Urgency Ordinance. ITEMS FROM COUNCIL Read into the record a telegram she received from the Executive Director of Noise, the national association that deals with airport noise, asking everyone to write their congressman to vote against legislation for the reduction of airport compatibility funding and to assure the necessary funding level. She stated that today she had sent telegrams to John Burton, Phillip Burton, John Delhams, Barry Goldwater, Jr., Bob Wilson, Paul McCloskey and others who have been influential in noise reduction legis- lation. Suggested a letter be sent from all of Council in support of the funding level. Gave a report on a meeting of the Civil Defense and Disaster Organization on the 911 Plan. He suggested that the Communications Supervisors volunteer as this City's member of the group. Spoke of the letter he had received from the Club View Apartments about the increase in rents, the 18% increase in rents~and asking that Council con- sider rent control. Made reference to a neighborhood letter he had received from Serra Highlands making reference to a problem on Newman Drive and he said he would give a copy of the letter to the Police and Fire Chiefs to look into the complaint. In response to Assistant to the City Manager Wilson's question stated that he would be the Delegate and Vice Mayor Nicolopulos would be the Alternate Delegate at the League of California Cities meeting in Los Angeles on October 19 -22, 1980. 9/3/80 Page 14 GOOD AND WELFARE EXECUTIVE SESSION: RECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITTED, GOOD AND WELFARE No one spoke. Council adjourned to an Executive Session at lO:15 p.m. The Meeting was recalled to order at 11:45 p.m., all Council present, no action taken. M/S Damonte/Nicolopulos - That the meeting be adjourned to Thursday, September 4, 1980, at 5:30 p.m. in the City Council Conference Room, City Hall. Carried by unanimous voice vote. Time of adjournment 11:47 p.m. APPROVED: Barbara A. Battaya, City~lerk City of South San Francisco Ronald 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. 9/3/80 Page 15