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HomeMy WebLinkAboutMinutes 1981-04-15Mayor Ronald G. Acosta Vice Mayor Gus Nicolopulos Council: Mark N. Addiego Emanuele N. Damonte Roberta Cerri Te§lia M I N U T E S ].~t~ CITY COUNCIL W. Orange Avenue Library Auditorium April 15, 1981 AGENDA Regular Meeting CALL TO ORDER: (Side 1 TF-142) PLEDGE OF ALLEGIANCE AGENDA REVIEW City Manager Birkelo Requested: - Two Closed Sessions, one before Consent Calendar for personnel matters and the second at the end of the meeting for discussion of personnel and litigation matters. - Item 10 to be heard as 6A. PRESENTATIONS A RESOLUTION EXPRESSING APPRECIATION TO ANTOINETTE L. FRASCHIERI A RESOLUTION EXPRESSING APPRECIATION TO MARCEL CAMPREDON ORAL COMMUNICATIONS CLOSED SESSION: RECALL TO ORDER: ACTION TAKEN Regular Meeting 7:35 p.m. Mayor Acosta presiding. Council present: Teglia, Nicolopulos, Addiego and Acosta. Council absent: Damonte Recited. So ordered. PRESENTATIONS Councilwoman Teglia presented a Resolution to Mrs. Fraschieri expressing appreciation for her services on the City's Personnel Board. Councilwoman Teglia presented a Resolution to Mr. Campredon expressing appreciation for his services on the City's Planning Commission. ORAL COMMUNICATIONS No one chose to speak. Council adjourned to a Closed Session at 7:40 p.m. The meeting was recalled to order at 8:10 p.m., all Council present, no action taken. 4/15/81 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR Minutes of the Regular Meeting of 3/4/81, Adjourned Regular Meeting of 3/11/81, Regular Meeting of 3/18/81 and the Adjourned Regular Meeting of 3/19/81. 2. Staff Report 4/15/81 regarding the claim against the City as filed by Joseph D. O'Sullivan, Esq., on be- half of Colleen Marie Hendon, alleg- ing injuries and false arrest re- sulting from an incident involving a member of the South San Francisco Police Department. Motion to deny and refer to the City's Insurance Adjuster and to the Office of the City Attorney~~ 3. Staff Report 4/15/81 recommending by Motion to award the bid for Hydroseeding of Turf to West Coast Landscaping in the amount of $5,719. 4. Staff Report 4/15/81 recommending by Motion to award the bid for Fire Hose to Snap-Tite, Inc., in the amount of $4,831,48. 5. Staff Report 4/15/81 recommending by Motion to award the bid for the basketball court resurfaCing, standard and backboard at Winston Manor #1 and the resufacing of the basketball court area at Paradise Valley to National Surfacing Company, Inc., in the amount of $10,479. CONSENT CALENDAR Approved. So ordered. Approved. Approved. City Manager Birkelo explained that both Item 5 and Item 3 related to the Winston Manor Park and that the No Cost Permit issued by the San Francisco Water Company has been revoked. He continued to state that the new Permit will require that the City pay 50% of the property tax which will cost approximately $55 per year for the City's share. Brief discussion followed on the cost and where the tax monies were allocated. M/S Teglia/Addiego - Consent Calendar be approved. Carried by unanimous voice vote. 4/15/81 Page 2 AGENDA ACTION TAKEN APPROVAL OF BILLS 6. Approval of the Regular Bills of April 15, 1981. CITY MANAGER 6A. A report from the South San Francisco Ad Hoc Tex-Cote Committee. (TF-208) APPROVAL OF BILLS M/S Teglia/Addiego - To approve the Regular Bills. Carried by unanimous voice vote. Councilman Addiego did not partici- pate or vote in the matter of the claim of Brentwood Market. CITY MANAGER Mr. Charles Getz, IV, 845 Ridge Court, Chairman of the South San Francisco Ad Hoc Tex-Cote Committee, explained the formation and purpose of the Committee. He continued to explain the priorities set by the Committee and the actions taken by the Committee and other groups to resolve the Tex-Cote problems within the City. Mr. Getz continued to explain that the Ad-Hoc Committee had since disbanded and a new group formed to continue working on this pro- blem and others related to the Tex-Cote problems in the Westborough area. He thanked the members of the Ad-Hoc Committee plus others who donated their time and a special thanks to members of Council and members of City Staff who gave their time and sincere efforts toward solving the problems of the citizens. Mayor Acosta expressed Council's thanks to persons involved in this project. Councilwoman Teglia commended Mr. Getz and the members of the Ad-Hoc Committee for their hard work and the perseverance in achieving their goals. Vice Mayor Nicolopulos expressed his appreciation and gratitude to the Committee. 4/15/81 Page 3 AGENDA ACTION TAKEN 6A. Report from Ad Hoc Committee - Cont. CITY ATTORNEY Staff Report 4/15/81 recommending adoption of three Ordinances: l) Waive further reading of each Ordinance; 2) Introduce each Ordinance. a) 1st Reading/Introduction AN ORDINANCE AMENDING ORDINANCE NO. 707 ENTITLED, "AN ORDINANCE ESTAB- LISHING THE SOUTH SAN FRANCISCO RECREATION COMMISSION" b) 1st Reading/Introduction AN ORDINANCE AMENDING ORDINANCE NO. 674 ENTITLED, "AN ORDINANCE DESIGNAT- ING TIME AND PLACE OF MEETINGS FOR THE CITY COUNCIL c) 1st Reading/Introduction AN ORDINANCE AMENDING ORDINANCE NO. 710 ENTITLED, "AN ORDINANCE ESTAB- LISHING THE SOUTH SAN FRANCISCO PLANNING COMMISSION" (TF-280) Mr. Getz introduced members of the Westborough Greens Homeowners Association: Stan Gesslo, Erline Jones, Mitzi Kl~ens, Carl Bell and Joe Chung. CITY ATTORNEY Acting City Attorney Rogers ex- plained that the Ordinances had been prepared in anticipation of the pending move to the new Municipal Services Building. He continued that it was a legal requirement that the time and place of regular meetings be set by adoption of an Ordinance. Councilwoman Teglia questioned the changing of ~he meeting location of the Recreation CommissiOn from City Hall to the new Municipal Services Building. She requested that they con- tinue to hold their meetings at City Hall. Discussion followed on the al- ternatives regarding the holding of Recreation Commission meetings at City Hall verses the Municipal Services Building. Councilwoman Teglia expressed concern with the changing of the Planning Commission meetings from twice a month to once a month. Director of Community Development Dell'Angela explained that when the City becomes involved with the General Plan there will be a need for the Planning Commission to meet twice a month, at present once a month is sufficient. Discussion ensued concerning the items for the Planning Commission Agenda and the rational behind the planning for these meetings. 4115181 Page 4 AGENDA ACTION TAKEN CITY ATTORNEY 7. Staff Report 4/15/81 - Cont. Be Staff Report 4/15/81 recommending that a Public Hearing date be set for 5/6/81 to hear the matter of commencing eminent domain proceed- ings against the property located at the intersection of Camaritas Avenue and Arroyo Drive. (TF-389) ~'~'~ CITY MANAGER e Staff Report 4/15/81 recommending adoption of: a) An Ordinance amending the Personnel Ordinance No. 449, adopted March 21, 1960, CITY ATTORNEY Councilwoman Teglia requested that Item "C" be held over for further consideration and requested copies of prior Planning Commission Agendas to review. Consensus of Council to hold Item "C" over. Discussion followed with reference to the Recreation Commission meetings being held at the Municipal Services Building and which room would be utilized. Consensus of Council to continue Item "A". City Clerk Battaya read the entire title of the Ordinance aloud, "An Ordinance Amending Ordinance No. 674, entitled "An Ordinance Designating Time and Place of Meetings for the City Council." M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To introduce the Ordinance. Carried by unanimous voice vote. M/S Teglia/Addiego - To set the Public Hearing date for May 6, 1981. Carried by unanimous voice vote. CITY MANAGER 4/15/81 Page 5 AGENDA ACTION TAKEN CITY MANAGER 9. Staff Report 4/15/81 - Cont. l) Waive further reading of the Ordinance; 2) That the Ordinance be passed and adopted. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 6, OF ORDINANCE NO. 449, ADOPTED MARCH 21, 1960, ESTABLISHING A PERSONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES b) of a Resolution amending classification plan. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO CLASSIFICATION PLAN BY THE MODIFICATION OF CERTAIN CLASSES 10. A report from the South San Francisco Ad Hoc Tex-Cote Committee. CITY MANAGER City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Addiego - That the Ordinance be passed and adopted. ORDINANCE NO. 853-81 Carried by unanimous voice vote. Councilman Addiego questioned certain requirements under the proposed amended classification plan. He requested that Mechanic (Water Quality Control Plant), Mechanic/Electrician (Water Quality Control Plant), Maintenance Worker I (Water Quality Control Plant) have the possession of a valid California Driver's License issued by the State Department of Motor Vehicles added to their specifications and that elimination of any language which refers to sewer or sewers be excluded from the specifications of Operator II (Water Quality Control Plant). Assistant to City Manger Wilson stated that with Council's con- currence these items could be changed at this time and he would have them typed on the face of the specifications the next day. M/S Addiego /Teglia - To adopt the Resolution. RESOLUTION NO. 44-81 Carried by unanimous voice vote. Heard as Item 6A. 4/15/81 Page 6 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 11. Public Hearing - Rezoning from "U" Unclassified to "R-3", RZ-81-68, Negative Declaration No. 300, for 208-212 Holly Avenue. Staff Report 4/15/81 recommending that the Negative Declaration No. 300, and the rezoning be continued off-calendar until the General Plan is updated. (TF-420) 12. Staff Report 4/15/81 recommending adoption of an Ordinance amending the "U" zoning to "C-I" on RZ-81-69, for 1144, 1148, 1150, 1152, 1154, 1158, 1160, 1162, 1164, 1166 and 1170 Mission Road: 1) Waive further reading of the Ordinance; 2) That the Ordinance be passed and adopted. 2nd Reading/Adoption AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" AND ESTABLISHING A "C-I" NEIGHBORHOOD COMMERCIAL DISTRICT ON CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MISSION ROAD AND HOLLY AVENUE FROM "U" UNCLASSIFIED COMMUNITY DEVELOPMENT Mayor Acosta declared the Public Hearing open. Director of Community Development Dell'Angela explained that the Staff's recommendation that this item be continued off-calendar was due to lack of consistency between the General Plan and the proposed R-3 zone, and that the zoning remain the same until completion of the General Plan update. Mayor Acosta invited those who wished to speak in favor of the rezoning to step to the dais. No one chose to speak. Mayor Acosta invited those who wished to speak against the rezoning to step to the dais. No one chose to speak. Mayor Acosta declared the Public Hearing closed. Consensus of Council to con- tinue the item. City Clerk Battaya read the entire title of the Ordinance aloud. Councilwoman Teglia requested that the business names of the addresses proposed for rezoning be read. DireCtor of Community Development Dell'Angela read the business names into the record. M/S Teglia/Nicolopulos - To waive further reading of the Ordinance. Carried by majority voice vote. Councilman Addiego abstained. M/S Teglia/Nicolopulos - That the Ordinance be passed and adopted. 4/15/81 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 12. Staff Report 4/15/81 - Cont. 13. Staff Report 4/15/81 recommending adoption of an Ordinance amending the "U" to "C-I", RZ-81-70, for 1, 41 and 45 Chestnut Avenue, 942 and 950 Antoinette Lane: 1) Waive further reading of the Ordinance; 2) That the Ordinance be passed and adopted. 2nd Reading/AdoPtion AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO" AND ESTABLISHING A "C-I" NEIGHBORHOOD COMMERCIAL DISTRICT ON CERTAIN PRO- PERTIES GENERALLY LOCATED SOUTHWEST OF MISSION ROAD, NORTHWEST OF ANTOINETTE LANE AND NORTHWEST OF CHESTNUT AVENUE FROM "U" UNCLASSIFIED (TF-457) FINANCE 14. Staff Report 4/15/81 recommending adoption of an Ordinance to modify and replace the existing Ordinance No. 467: 1) Waive further reading of the Ordinance; 2) Introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR THE PROCEDURE FOR THE PURCHASE AND SALE OF SUPPLIES, SERVICES AND EQUIPMENT AND REPEALING ORDINANCE NO. 467 (TF-466) COMMUNITY DEVELOPMENT ORDINANCE NO. 854-81 Carried by majority voice vote. Councilman Addiego abstained. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Nicolopulos/Addiego - That the Ordinance be passed and adopted. ORDINANCE NO. 855-81 Carried by unanimous voice vote. FINANCE City Clerk Battaya read the entire title of the Ordinance aloud. Director of Finance Anderson ex- plained that the present Purchasing Ordinance was adopted in July 1961 and has not been changed since that time. In October 1972 a Purchasing Division was establihed within the City. He continued to explain that since the establishment of the Purchasing Division several aspects of the Ordinance needed changing to re- flect present day operations. 4/15/~1 Page 8 ACTION TAKEN AGENDA FINANCE 14. Staff Report 4/15/81 - Continued. PARKS AND RECREATION 15. Staff Report 4/15/81 recommending adoption of a Resolution which authorizes an application for SB 174 funds from the Roberti-Z'Berg Urban Open Space and Recreation Program for replacement of play equipment at Orange Park in the amount of $12,361. A RESOLUTION APPROVING THE APPLI- CATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR ORANGE MEMORIAL PARK PLAYLOT REDEVELOPMENT FINANCE Director of Finance Anderson pointed out the changes in the proposed Ordinance. Detailed discussion followed on the City's authority with reference to Bidder's Security. M/S Nicolopulos/Teglia - To waive further reading of the Ordinance. Director of Finance Anderson pointed out that there were two errors, one occurring on page 2 concurrence should be conformance; and the other on page 3 unen- cumbered has been misspelled He stated that these corrections would be made before the second reading. M/S Nicolopulos/Addiego - To introduce the Ordinance. Carried by unanimous voice vote. PARKS AND RECREATION City Manager Birkelo explained that the application for these funds if the Resolution was adopted, would have to be made by May 1, 1981 so that the, funds could be encumbered for the ensuing fiscal year. Acting Director of Parks and Recreation Duplessis explained that the City was going to try to get the remaining $4,121 to complete the project from other grants. Discussion followed concerning the various types of playground equipment pl.anned fo~ this re- development. Councilman Addiego expressed his concern with the location of the playground with respect to the amount of traffic in the area. 4/15/81 Page 9 AG E N DA AC T I O N TA KE N 128 PARKS AND RECREATION 15. Staff Report 4/15/81 - Cont. RECESS: RECALL TO ORDER: COMMUNICATIONS 16. Letter from Robert L. Warfield, South San Francisco Senior High School, requesting authorization for a street banner advertising the annual Community Carnival. (TF-584) ~ '~w//~ PARKS AND RECREATION Acting Director of Parks and Recreation Duplessis explained that the street near the play- ground is now a one-way and therefore less prone to traffic problems. Discussion followed pertinent to the safety precautions that could be utilized to safeguard the children who will be playing in the area. Councilwoman Teglia inquired as to the enforcement of having dogs, that are in the area of the playground, on leashes. Acting Director of Parks and Recreation Duplessis explained that the Recreation Leaders re- quest that persons with dogs keep them on leashes]and if they do not comply the Police Department is called. He also indicated that there were signs posted requir- ing that dogs be kept on leashes. Motion by Teglia - To adopt the Resolution. RESOLUTION NO. 45-81 Carried by unanimous roll call vote. Mayor Acosta declared a recess at 9:24 p.m. Mayor Acosta recalled the meeting to order at 9:40 p.m., all Council present. COMMUNICATIONS City Manager Birkelo explained that he had previously received a request from the South San Francisco Student Body to hang the banner. He explained that 4/1 5/81 Page 10 AGENDA ACTI ON TAKEN i~B9 COMMUN I CAT IONS 16. Letter from Robert L. l~arfield - Continued. 17. Letter from Rick O'Rourke in reference to no-parking signs at the Carriage House, 999 Mission Road. (TF-628) COMMUNICATIONS he had responded to the request and had discouraged the use of banners on the basis that the City's general policy has been that the use was not approved unless by Council action and only when there was a community wide celebration. Vice Mayor Nicolopulos asked what the problems would be if the banners were hung. City Manager Birkelo explained that permission had to be obtained from the owners of the buildings where banners were to be hung and they couldn't be hung from the City's new light standards. Discussion followed concerning the costs and the other con- cerns regarding the hanging of banners with respect to liability if the City were to become involved in the pro- ject. Concurrence of Council to allow banners to be hung with the follow- ing conditions: 1) Obtain per- mission from property owners to hang banners; 2) Approval from the Downtown Merchants Association; 3) Install banners and have City inspect the installation. Councilwoman Teglia asked Director of Public Services Yee if the signage on Mission Road was working to his satisfaction. Director of Public Services Yee replied that it was. Councilwoman Teglia requested that the matter be tabled until the time Mr. O'Rourke chose to address Council. 4/15/81 Page 11 AGENDA ACTION TAKEN 130 ITEMS FROM STAFF 18. Staff Report 4/15/81 recommending authorization to enter into a personal services agreement for financial ad- visory services. (TF-637) 18A. Request for clarification of appeal regarding Callan Parcel Map. ITEMS FROM STAFF City Manager Birkelo explained that Director of Finance Anderson would be retiring at the end of the month and that it may be a lengthy period of time before a replacement can be hired. The expertise of Mr. Anderson will be needed for the annuall budget review which will be forthcoming. These issues and the involvement Mr. Anderson has with respect to negotiation of the City's Redevelopment Agreement with Homart Development Company clearly indicate the need for a Personal Services Agreement with Mr. William Anderson. He continued to explain the provisions of the agreement. Councilwoman Teglia inquired if the work that would be done specificially in relation to the Redevelopment Agency would be charged to the Redevelopment Agency. City Manager Birkelo replied that ye% it would be charged ~gainst that account. M/S Addiego/Teglia - To authorize the City Manager to enter into a Personal Services Agreement with Mr. William Anderson. Carried by unanimous voice vote. City Manager Birkelo requested clarification of the appeal re- garding the Callan Parcel Map. He explained that Director of Community Development Dell'Angela had to coordinate a time table for the processing of the subject map. He said it would be ad- vantageous to set the date for the Public Hearing of the appeal this evening for May 6, 1981. Consensus of Council to set Public Hearing date for May 6, 1981. ~/15/~1 age /z AGENDA ACTION TAKEN ITEMS FROM COUNCIL Vice Mayor Nicolopulos: Councilwoman Teglia: ITEMS FROM COUNCIL Invited all citizens of South San Francisco to participate in the 27th Annual Easter Invitational Baseball Tournament to be held at the Orange Memorial Park during the week of April 13 - 17, 1981. Explained that she had been asked by a number of residents of the Brentwood area to in- vestigate the problems they were having with the San Francisco Water Department in terms of the water pipeline project coming through the City. She said that after an initial inspection she had made two more, one with Mr. Yee and one with Mr. Yee and a representative of the San Francisco Water Department. She requested that Council give Staff direction in helping to answer the citizens concerns with the problems they may have as the result of the work being done by the San Francisco Water Department. She indicated to Council the various types of problems pre- sented by the citizens, i.e., open trenches, cracks in their homes, etc. An in-depth discussion ensued concerning the responsibility of the San Francisco Water Department to maintain the areas in which they were working by making the area safe and structurally sound; the homeowners responsibility; the City's responsibility with re- spect to giving citizens direction for reconciling their concerns and grievances. Also discussed was the type of recourse the City had with respect to protecting its citizens against dangerous and unsafe actions taken by the San Francisco Water Department. 4/15/81 Page 13 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilwoman Teglia: GOOD AND WELFARE (TF-840) ITEMS FROM COUNCIL Informed Council of a letter which she had received from the Winston Manor Homeowners Association regarding the discontinuance of bus service in that area. She requested that a letter be written to SAMTRANS to reestablish a route through this area. GOOD AND WELFARE Mrs. Doris Agee, 819 Ridge Court, expressed her concerns with developers of condominiums defective construction and the problems of costs and repairs for the pur- chasers of these condominiums. She explained that a report had been submitted regarding these problems to the State Department of Real Estate and inquired if the City had received any response to this report. City Manager Birkelo said that he was not sure, but would look into the matter. Mrs. Agee expressed her pleasure with the Recycling Center recently started by the City. Discussion followed concerning the types of guarantees with respect to various aspects of the construc- tion of condominiums, formation of condominium committes to set up rules and by-laws for condominium residents. Councilwoman Teglia asked what happened to the previous Council direction for the formation of a committee with representatives from condominium developers, Department of Real Estate, ECHO and condominium owners. 4/15/81 Page 14 AG E N DA A C T I O N TA K E N 122 GOOD AND WELFARE (TF-1040) CLOSED SESSION: RECALL TO ORDER: GOOD AND WELFARE City Manager Birkelo replied that at the time of Council's direction former City Attorney Noonan had said that he would discuss the matter with people from the State involved with regulatory responsi- bilities in the condominium field; and also those involved with ECHO. He concluded that with the transi- tion of City Attorneys perhaps the matter had been put aside. Councilwoman Teglia requested that the matter be researched for the direction Council had given and the matter handled. Discussion followed concerning the responsibilities of the City when approving the condominiums for occupancy, the costs of the developer when building, and the State~ involvement with licensing contractors, approving CC&Rs and other functions allocated to the State. Also discussed was the possibility in the future of a meeting with owners of condominiums, members of the state legislature, developers and others involved with condominium development. Ms. Margaret Warren, 790 Stonegate Drive, stated that she felt very strongly that the City should be- come involved with assisting in the planned community development. Council adjourned to a Closed Session at 10:50 p.m. The meeting was recalled to order at 12:50 a.m., instructions were given to the Acting City Attorney regarding litigation and no action was taken on the personnel matter. 4/15/81 Page 15 AGENDA ACTION TAKEN 19. Request to adjourn this meeting to the Municipal Services Building on April 28, 1981, at 7:00 p.m., at 33 Arroyo Drive for the purpose of the reorganization of Council. ADJOURNMENT: (TF-1059) RESPECTFULLY SUBMITTED, M/S Teglia/Acosta - That the meeting be adjourned to Wednesday, April 22, 1981, at 7:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco. Carried by unanimous voice vote. Time of adjournment 12:55 a.m. APPROVED: City of South San Francisco Ronald G. Acosta, Mayor City of Sou'th San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, 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 are available for inspection, review and copying. 4/15/81 Page 16