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HomeMy WebLinkAboutMinutes 1980-09-17Mayor Ronald G. Acosta Vice Mayor Gus Nicolopulos Council: Mark N. Addiego Emanuele N. Damonte Gus Nicolopulos MINUTES CITY COUNCIL City Council Conference Room September 17, 1980 NOTICE IS HEREBY GIVEN, pursuant to Government Code 54956 of the State of California, that the City Council of South San Francisco will hold a Special Meeting on Wednesday, September 17, 1980, at 2:30 p.m., in the Muni~cipal Services Building, 33 Arroyo Drive, South San Francisco and will adjourn to the City Hall Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California. Purpose of meeting: On-site inspection of Change Order at the Municipal Services Building and Council's action on the Change Order. Dated: September 16, 1980 Ronald G. Acosta, Mayor City of South San Francisco A G E N D A Special Meeting CALL TO ORDER: ADJOURNED: RESPECTFULLY SUBMITTED, ACTION TAKEN Special Meeting Since a quorum of Council was not present at the Special Meeting of September 17, 1980, the meeting was adjourned. Time of adjournment 4:30 p.m. APPROVED: 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. 9/17/80 Page 1 Mr. Ronald Go Acosta Vice Mayor Nicolopulos Council: Mark N. Addiego Emanuele N. Damonte Roberta Cerri Teglia AGENDA Regular Meeting CALL TO ORDER (TF-OO1 Side 1) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo requested: - Executive Session before Item #9 is heard on labor relations. - Executive Session on litigation. - Add Item #7a. Request for a Resolution establishing compen- sation for the City Clerk. Mayor Acosta: ORAL COMMUNICATIONS MINUTES 105 CITY COUNCIL W. Orange Avenue Library Auditorium September 17, 1980 ACTION TAKEN Regular Meeting 8:40 p.m. Mayor Acosta presiding. Council Present: Teglia, Damonte, Nicolopulos, Addiego and Acosta. Council absent: None. Recited. AGENDA REVIEW So ordered. Stated there would be an Executive Session after Oral Communications and that Item #14 would be heard before the Consent Calendar. ORAL COMMUNICATIONS Mr. Herman Gouviai, 515 Keoncrest, expressed concern over an article in the newspaper that spoke of an Ordinance requiring homes being made burglar proof before clearing escrow and cited the North San Mateo County Board of Realtors objection to the Ordinance. He said he agreed with the Realty Board that this Ordinance would not be a deterrent to crime because a burglar would still break into a house with a deadbolt. Mr. Don Parish, 132 Escanyo, expressed his concern over the increased airplane activity over his home and that on the prior Saturday he had counted 60 airplanes that flew over his home at low altitudes. 9/17/80 Page 1 ORAL COMMUNICATIONS Executive Session: (TF-115) RECALL TO ORDER: PRESENTATION A RESOLUTION COMMENDING VINCENT BIANCHINI, JR. ORAL COMMUNICATIONS Mr. Don Parish stated that he had worked with the airlines for twenty years and did not understand why noise abatement was not in effect and enforced. He stated that he had made complaints to the Airport and nothing had been done to alleviate the problem. He further stated that even though a Joint Powers Authority had been created it was powerless to effect a change and that he had been told by Council- members that he should address his complaints to the FAA. He continued addressing the problems of low noise levels, expanding cargo flights between 8:00 and 11:00 p.m. over his home and suggested that complaints be monitored and a compilation made by the FAA to find a solution to the noise problem. A discussion followed on the Flying Tiger Airlines cargo expansion plans and an environmental impact report to be made for the project. Council adjourned to an Executive Session at 8:00 p.m. to discuss litigation. Mayor Acosta recalled the meeting to order at 8;40 p.m., all Council present, and stated that Council had contracted attorneys to handle certain litigation. PRESENTATION M/S Nicolopulos/Damonte - To adopt the Resolution. RESOLUTION NO. 107-80 Carried by unanimous roll call vote. 9/17/80 Page 2 AGENDA ACTION TAKEN PRESENTATION A RESOLUTION OF COMMENDATION - Cont. COMMUNICATIONS 14. Letter from Melinda Murillo requesting a hearing on consid- eration of an Ordinance for a limitation of rental increases. (TF-128) (TF-145) PRESENTATION Mayor Acosta read the Resolution into the record and stated it would be presented at the California Highway Patrol retirement dinner. COMMUNICATIONS Ms. Melinda Murillo explained that she was 26 years old, a divorced woman with 8 year old twin boys and had an income of $860 a month. She stated that her rent had been increased 125% per month and spoke of her frustrations in try- ing to make an appointment with the Housing Authority for a rent subsidy certificate and that she had been told an appointment would not be available until November. Her problem was that she had been given 30 days to vacate the apart- ment after having lived there for 6 years, find an apartment and a new school for her children. She further stated that her income was not sufficient to rent the apart- ments that were available to rent. She stated that landlords could raise rents as high as they chose with a 30 day notice in writing, yet housing assistance takes six months to a year to initiate. She strongly urged the City to adopt an Ordinance establishing rent control. She further stated that the Human Relations Office of San Mateo County had been gathering information on this problem for' three years and that one of the recommendations had been to have a mediator between the landlord and the tenant to establish a modified increase meeting both parties needs. Ms. Pamela Nocerino, 579 Inverness, expressed concern over the $225 rent hike enforced upon Ms. Murillo and spoke in favor of rent control. 9/17/80 Page 3 AGENDA ACTION TAKEN COMMUNICATIONS 14. Letter from Melinda Murillo - Cont. (TF-162) (TF-202) (TF-228) COMMUNICATIONS She further asked that consideration be given to a moratorium or that an intermediary be appointed to ensure that the issue would be considered from all vantage points and be equitable. Mr. John J. Burke, 849 Orange Ave., stated that after the condominium conversion meetings~that rents had been increased 18% over a six month period which meant a $60-$80 increase per month. There was also a memo stating that if the residents did not behave the rent would be increased again in six months. He further stated that with each advertisement for vacancies the price goes up weekly by $20 and expressed his concern that the tenants don't know where they stand in relation to what they will pay in the immediate future. Mr. Walt Lacey, 849 W. Orange Ave., expressed concern that the letter to Council from the Club View Apartments had been discussed at the last meeting without being an Agenda item and the residents had not been in attendance or able to be included in the discussion. He further stated that the residents had not received an answer to the letter and were very concerned when they learned the matter had been discussed at a Council meeting. Mayor Acosta related that he had brought up the item under Items From Council and that the Agenda Digest was published in the Enterprise Journal on the date of the meeting. Mr. Martin Lehrberger, 849 W. Orange, spoke against rent control and stated that a landlord was entitled to offset inflation and make a profit. He suggested that a committee of tenants meet with 9/17/80 Page 4 AGENDA ACTION TAKEN COMMUNICATIONS 14. Letter from Melinda Murillo - Cont. (TF-240) (TF-340) (TF-347) COMMUNICATIONS the landlord and come up with a fair and equitable increase and reasonable profit and thereby avoid greed. Mr. John Falsarella, 1385 Lasuen Drive, Millbrae, spoke against rent control and stated that rent had not increased as high as other commodities. He continued in great length on the waning purch- asing power of the dollar and that the average cost to buy a home is over $100,000 and that rents had not increased in the same proportion. He stated that if the small rental unit owner was unable to make a profit the building would then be abandoned and the ultimate result would be a slum area which had happened in New York. Mr. John J. Burke rebutted the remarks made by Mr. Falsarella and stated that rent control was not aimed at the small operators. He further stated that it was up to the community to draw the lines wherein people have more contact with the owners of the property to effect fair settlements. Mr. Malcolm S. Kohn, 144 Brentwood Drive, stated that he was a realtor and a property manager as well as a landlord. He expressed concern with Ms. Murillo's problem of her income not meeting the structure of rents. He offered the services of the San Mateo County Board of Realtors either for arbitration or mediation without fee. Mr. Walt Lacey stated that this problem had been brought to the City Council for actio~not to have some outside organization to handle the problem. 9/17/80 Page 5 AGENDA ACTION TAKEN 110 COMMUNICATIONS 14. Letter from Melinda Murillo - Cont. (TF-399) RECESS: RECALL TO ORDER: CONSENT CALENDAR Minutes of the Adjourned 8/9/80 JPAC, Adjourned 8/11/80, Adjourned 8/12/80 Meetings. e Claim as filed by the law offices of Dick W. Bennett on behalf of Jerry Buckley, alleging personal humiliation, embarrassment, mental suffering, loss of work, attorney's fees and costs due to false impris- onment. Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. COMMUNICATIONS Mayor Acosta stated that this matter was being handled as a communications item which had taken the form of a public hearing with citizen input. Ms. Pamela Nocerino spoke of this item as being a nationwide problem and again asked that consideration be given to rent control. Councilwoman Teglia asked pertin- ent questions of Ms. Murillo, i.e., what her rent had been, what the rent increase was in dollars, the reason given for the increase. An in-depth discussion followed on Ms. Murillo's problems and the sequence of events leading up to the rent increase, the mainten- ence work the tenants did in the building, the type of rent increase that would be equitable for Ms. Murillo, etc. Mayor Acosta declared a recess at 9:45 p.m. Mayor Acosta recalled the meeting to order at 10:03 p.m., all Council present. CONSENT CALENDAR Removed from the Consent Calendar by Councilman Addiego. Removed from the Consent Calendar by Vice Mayor Nicolopulos. 9/17/80 Page 6 AGENDA ACTION TAKEN 111 CONSENT CALENDAR 3. Claim as filed by Alan L. Carter', alleging damages to his automo- bile when parked in the Munici- pal Parking Lot No. 7 of the City of South San Francisco. Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. 4. Staff Report 9/17/80 - recommending a Resolution amending the 1979-80 Budget to reflect actual incurred costs. o A RESOLUTION APPROVING AMENDMENT 0-4, 1979-80 OPERATING BUDGET Staff Report 9/17/80 - recommending a Motion for the Purchasing Officer to advertise for bids for the security of Magnolia Center. Staff Report 9/17/80 - recommending a Resolution designating the inter- sections of, l) Gibbs Way and Kipling Avenues, and 2) Hilton Avenue and Kipling Avenue as inter- sections at which vehicles are required to stop at stop signs. A RESOLUTION AMENDING RESOLUTION NO. 3812, AS AMENDED, WHICH ESTAB- LISHES CERTAIN TRAFFIC REGULATIONS IN ACCORDANCE WITH ORDINANCE NO. 491 Minutes of the Adjourned 8/9/80 JPAC, Adjourned 8/11/80~ Adjourned 8/12/80 Meetings. CONSENT CALENDAR 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. Approved. RESOLUTION NO. 108-80 M/S Damonte/Nicolopulos - Consent Calendar be approved. Carried by unanimous voice vote. Councilman Addiego stated that the 8/09/80 JPAC Minutes, page 5, "Art magazine" should be changed to read "American Association of Retired Citizens." Mayor Acosta requested that the Minutes note that Councilman Van Iderstine arrived late and that all references to Councilman Bertini being in attendance be changed to read Councilman Cannizarro. 9/17/80 Page 7 112 AGENDA ACTION TAKEN 1. Minutes - Continued. (TF-472) Claim as filed by the law offices of Dick W. Bennett on behalf of Jerry Buckley, alleging personal humiliation, embarrassment, mental suffering, loss of work, attorney's fees and costs due to false impris- onment. Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney. Staff Report 9/17/80 - recommending a Resolution amending the 1979-80 Budget to reflect actual incurred costs. A RESOLUTION APPROVING AMENDMENT 0-4, 1979-80 OPERATING BUDGET APPROVAL OF BILLS 7. Regular Bills of 9/17/80. Motion by Addiego - To approve the Minutes with the corrections noted. Carried by unanimous voice vote. Vice Mayor Nicolopulos asked for clarification of how the City was involved in this claim. Police Chief Datzman stated this matter should be discussed in Executive Session in that it was an on-going litigation. M/S Nicolopulos/Teglia - 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 questioned the overhead charge in the Council budget. Finance Director Anderson stated that the payroll system charges an overhead amount as determined by the Finance Department and the City Council Budget had not reflected the appropriate over- head budget amount and this action would correct the problem. M/S Addiego/Damonte - To adopt the Resolution. RESOLUTION NO. 109-80 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Addiego - To approve the bills of 9/17/80. Carried by unanimous voice vote. Counci.lman Addiego did not parti- cipate or vote in the matter of the claim of Brentwood Market. 9/17/80 Page 8 AGENDA ACT]ION TAKEN CITY CLERK 7a. Request for a Resolution estab- lishing compensation for the City Clerk. A RESOLUTION ESTABLISHING COM- PENSATION FOR THE CITY CLERK (TF-507) CITY MANAGER Staff Report 9/17/80 - recommending adoption of a Resolution which amends the City Classification Plan by the addition and modification of certain classes. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN BY THE ADDITION AND MODIFICA- TION OF CERTAIN CLASSES CITY CLERK Councilwoman Teglia asked that the Resolution be read into the record as it pertained to an elected official of the City and the public should be interested in the infor- mation. City Clerk Battaya read the Resolution in its entirety aloud. Councilman Addiego said that Council had looked at other cities and had realized an inequity in the Clerk's salary. The Clerk's Office is run proficiently and is well managed and maintained by this individual. It was mentioned that she was elected and well deserves compensation in line with other cities. Motion by Addiego - To adopt the Resolution. RESOLUTION NO. 110-80 Carried by unanimous roll call vote. CITY MANAGER City Manager Birkelo stated that the Personnel Rules and Regulations require that Council adopt class- ification specifications for all permanent positions. During the budget review and in other meetings tentative approval was granted to the establishment of new classes and gave an in-depth description of the additions and modifications to the classification plan. Motion by Damonte - To adopt the Resolution. RESOLUTION NO. 111-80 Carried by unanimous roll call vote. 9/17/80 Page 9 AGENDA . ACTION TAKEN CITY MANAGER o Staff Report 9/17/80 - recommending adoption of a Resolution accepting the Memorandum of Understanding for Unit #2. A RESOLUTION ACCEPTING THE MEMOR- ANDUM OF UNDERSTANDING FOR UNIT #2, PROFESSIONAL AND PARA PROFESSIONALS PRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 1569, AFL-CIO FINANCE 10. Staff Report 9/17/80 - recommending adoption of a Resolution awarding the Municipal Services Building Project No. PB-78-1 - Interiors to various contractors. RESOLUTION AWARDING THE MUNICIPAL SERVICES PROJECT NO. PB-78-1 (TF-549) (TF-614) CITY MANAGER City Manager Birkelo requested this item be continued as the Agreement had not been signed and could not be acted upon. FINANCE City Manager Birkelo stated that Ms. Sandy Chandler, who had par- ticipated in the Project, was in attendance to answer any questions. Ms. Sandy Chandler described in great detail the 222 items that had gone out to bid for the Municipal Services Building and stated that the bids came in 7% above the dealers cost. Councilwoman Teglia asked that care be taken when selecting furniture for the senior citizens portion of the building as she had had many concerns voiced to her on the subject. Ms. Sandy Chandler stated that she had had experience in this area when working on Stanford Hospital and was fully cognizant of the seniors needs. A discussion followed on the new speakers dias, artwork, materials to be selected, etc. Ms, Jan Whitescarver questioned the method by which the movable storage system was selected. 9/17/80 Page 10 AGENDA ACTION TAKEN FINANCE 10. Staff Report - Continued. (TF-630) PUBLIC SERVICES ll. Staff Report 9/17/80 - recommending by Motion to approve and authorize the Director of Public Services to execute Change Order No. 5, for the Municipal Services Building Project No. PB-78-1. 12. Staff Report 9/17/80 - recommending by Motion to approve and authorize the Director of Public Services to execute Change Order No. 1 for the Municipal Parking Lot No. 9 Improve- ment Project, Project No. PB-79-2. (TF-657) FINANCE Ms. Sandy Chandler explained that the white and aurora in the metal line had been selected rather than the wood because the particular records area has open files. She continued speaking of the end panels and the specifications. Motion by Teglia - To adopt the Resolution. RESOLUTION NO. 112-80 Carried by unanimous roll call vote. PUBLIC SERVICES City Manager Birkelo stated that a Motion would recommend to the Non-Profit Organization to execute the change order due to field conditions, equipment and design requirements and that the items had been previously reviewed by Council. M/S Damonte/Teglia - To approve and authorize the Director of Public Services to execute Change Order No. 5. Carried by unanimous voice vote. Vice Mayor Nicolopulos stated his frustrations with the many change orders on this project and suggested the demand on future projects for quality control, accountability and planning. Director of Public Services Yee explained that when the tin build- ing was removed from the property a retaining wall had to be built due to unforeseen soil conditions and that this was the reason for the change order. M/S Teglia/Addiego - To approve and authorize the Director of Public Services to execute the change order. 9/17/80 Page 11 AGENDA ACTION TAKEN PUBLIC SERVICES 12. Staff Report - Continued. 13. Staff Report 9/17/80 - recommending adoption of a Resolution to award the contract for pipeline instal- lation for the Shaw Road Force Main Pump Station. The bid opening was 9/l]/8o. A RESOLUTION TO AWARD THE CONTRACT FOR PIPELINE INSTALLATION FOR THE SHAW ROAD FORCE MAIN PUMP STATION (TF-680) ITEMS FROM STAFF 15. Verbal status report on the census appeal. ITEMS FROM COUNCIL Councilwoman Teglia: (TF-721) Councilman Addiego: (TF-733) PUBLIC SERVICES Carried by unanimous voice vote. Director of Public Services Yee stated that this was the interim project to complete the Shaw Road force main and that the low bid was $102,025 made by Dalton Construction Company. Motion by Damonte - to adopt the Resolution. RESOLUTION NO. 113-80 Carried by unanimous roll call vote. ITEMS FROM STAFF City Manager Birkelo stated that not all of the information had been received and that a meeting would be held tomorrow with Mr. Fuentes which would offer more clarification and a report would be forthcoming. Director of Community Development Dell'Angela stated that the City had asked that 21 districts be recounted and the Census Department came back with a recount of 18 and continued in great detail on census tracks. ITEMS FROM COUNCIL Informed Council that she had recently attended a Performing Arts presentation in Daly City. She was informed that this was possible by a million dollar grant from a foundation. She requested any talented individuals or groups to contact her if they were interested in participating in the program. Related that a communication had been received from the Italian American Citizens' Club expressing their concern with the drinking fountain located in the public area near the Police Department. 9/17/80 Page 12 AGENDA ITEMS FROM COUNCIL Councilman Addiego - Continued. Mayor Acosta:(TF-739) (TF-772) Councilwoman Teglia (TF-797) ACTION TAKEN ITEMS FROM COUNCIL He further related that concern had also been expressed with the drinking fountain located in the public area near the Grand Avenue Library, which had insufficient pressure to allow water from the spout. Requested a report from the Police Chief on the status of Newman Drive. Chief of Police Datzman explained that the violation had been investigated and that the owner of the property was being cooperative in correcting the ll areas of concern. Mayor Acosta explained that a complaint letter had been given to the Police Department on 649 Newman Drive and he had assumed that other members of Council had received the infor- mation on the complaint. Mayor Acosta stated he had received numerous complaints on %he pipe installation being done by the San Francisco Water Company which had caused damage to private property; dirty streets; damage to cement fixtures and asked for an investigation. Related a request that a citizen be able to keep wood that was available from trees being chopped down by the Water Company on her land. She further requested that Westborough Boulevard be sectioned off while construction is taking place and have the traffic diverted to Arroyo until construction is completed. 9/17/80 Page 13 AGENDA GOOD AND WELFARE (TF-830) (TF-841) EXECUTIVE SESSION: RECALL TO ORDER: ADJOURNMENT ACTION TAKEN GOOD AND WELFARE Ms. Elaine Stevenson, 297 Alta Vista, requested the residents be included in discussions of Country Club Park annexation between the City and other agencies. City Manager Birkelo replied that there would be a meeting the follow- ing Tuesday and a date would be set for a meeting with the residents and that notices would be sent to the residents. Ms. Stevenson requested information on Staff's recommendations concern- ing Country Club Park. Councilwoman Teglia explained that the recommendations would be avail- able the Friday before the meeting. City Manager Birkelo informed Council that Director of Public Services Yee would be on vacation for three weeks beginning 9/26/80. Mr. Herman Gouviai informed Council that residents across the street from his home were parking vans for long periods of time and the street sweepers were unable to clean the street. Councilwoman Teglia requested an Executive Session for litigation and an Executive Session for labor relations with members of Council only. Mayor Acosta adjourned the meeting to an Executive Session at ll:07 p.m. The meeting was recalled to order at 11:55 p.m., all Council present, no action taken. M/S Damonte/Teglia - That the meeting be adjourned to 9/24/80 at 4:30 p.m. Carried by unanimous voice vote. Time of adjournment 12:00 a.m. 9/17/80 Page 14 RESPECTFULLY SUBMITTED, APPROVED: Barbara A. Battaya, City~erk 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. 9/17/80 Page 15