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