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HomeMy WebLinkAboutMinutes 1981-07-15Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte AGENDA PLEDGE OF ALLEGIANCE (Side 1 TF-O01) CALL TO ORDER AGENDA REVIEW City Manager Birkelo requested: - Add as Item No. 3a. a request for the Purchasing Officer to advertise for bids for the printing of the Quarterly Activites Brochure. - Clos~ Session for discussion of litigation and personnel matters. - Add under Items from Council an appointment to the Coastal Commission. ORAL COMMUNICATIONS MINUTES CITY COUNCIL Municipal Services Building Community Room July 15, 1981 ACTION TAKEN Recited. 7:40 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Jane Lee, 1321 Hillside Blvd., read a statement into the record (which is hereby incorporated as a part of the record) which said the following: 1) Council acted against its own rules of procedure in taking action on items not on the written agenda; 2) Hired a law firm for an opinion on a court case that does not exist; 3) Council based its actions on rumors, the source of which are not identified; 4) Chall- enged the intelligence of 4,000 people who signed the petition, by saying they don't understand it; 5) Says Council is doing these things to eliminate an aura of suspicion that the Council is not acting in the best interests of the people of the City. 7/15/81 Page 1 MS. JANE LEE READ THE FOLLOWING INTO THE RECORD OF THE 7/15/81 MEETING. On June 15, 1981, the City of South San Francisco was presented an Initiative Petition, concerning the South Slope of San Bruno Mountain, signed by 4, 144 people. On June 24~ 1981~ the City Clerk certified that the petition carried 3,643 valid signatures~ meeting the legal requirements of such a document. Page 1 Section 4010 of the Elections Code spells out your responsibilities when presented with such a petition. I quote from your own resolution~ adopted by you at the adjourned meeting of July 7, 1981: "Whereas, Section 4010 of the Elections Code requires that the City Council either introduce the ordinance without alteration at the regular meeting at which it is presented and adopt the ordinance within ten (10) days after it is presented; or immediately order a special election to be held not less than ninety-.four (94) nor more than one hundred nine (109) days after the date of order~ at which the ordinance, without alteration, shall be submitted to a vote of the voters of that city." Where is it written that you, the City Council, are expected to: ~1.) Determine the validity of the Initiative Petition? #2.) Question the constitutionality of the Initiative Petition? #3.) Argue the weakness and/or the merits of the Initiative Petition? #4.) Second-guess the outcome of the election, and begin acting upon it before the fact? It is not so written. Your sole responsibility is to submit the measure to the voters of your city in a timely manner, following the schedule as adopted by the City Clerk. You have far exceeded your responsibilities in this matter. Page 2 You have introduced RUMORS regarding the initiative at public meetings and, without substantiating the source of these rumors, proceeded to fire the first salvo in your campaign against the Initiative. 105 I give you some quotes from the tape of the City Council meeting of July 1: "...some people we have talked to." What people? "...the cloud surrounding this initiative." What cloud? "...this (the initiative) doesn't quite measure up." Measure up to what? "4000 people tried to say something. Maybe they are not using the right secret password to get through to us." Tried? Secret Password? "We would like to remove the shadows surrounding this." What shadows? Acting City Attorney Rogers, at that July 1 meeting, advised that these matters should be discussed in closed session, and then proceeded to spell out what he had heard also. He raised questions regarding possible "forced annexation" based upon a "kind of a commitment to move in a given direction" with reference to LAFCO'S Sphere of Influence Study. Attached to your copy of my remarks is a transcript of statements made by Ron Grudzinski, then Project Manager of Visitation Associates, speaking for the landowner at the City Council meeting of June 1, 1977. I won't take your valuable time readin~ this now, but Mr. Grudzinski, in two separate statements indicates on the part of the landowner that acceptance by South San Francisco of the LAFCO Sphere of Influence Study is in no way a commitment on the part of South San Francisco for annexation. Why does Mr. Rogers, then, raise a question about something about which the landowner has already made a consession? Page 3 Another question Mr. Rogers raised was that of the legality of the Initiative in regard to the mutual aid contracts that may exist between the County and the City with reference to Police and Fire protection. I suggest that he read the Initiative, Page 1, Item #2, which states: "Nothing contained in this ordinance shall be construed to prevent the City of South San Francisco, in the event of an emergency declared by the City Manager of South San Francisco, from supplying temporarily any municipal service - including but not limited to police and fire protection - to all or any portion of the area commonly known as San Bruno Mountain." Mr. Rogers also questioned the boundaries included in the Initiative. We refer him to the fact that the stated boundaries are in conjunction with the United States Department of the Interior Geological Survey, San Francisco South Quadrangle, California 7.5 Minute Series Topographic Map (1976). It is entirely up to Mr. Rogers if he decides to question the validity of this map. Mr. Rogers should know, however, that over the years, the land in question has been referred to as the South Slope. The LAFCO Sphere of Influence Study, in its description on Page IV-1 is actually less specific in designating boundaries than is the Initiative. Everybody knows what is meant by "South Slope" Mr. Rogers then went on - against his own stated advice - and talked about a case in San Jose, which is on appeal, stating that the facts, while similar to ours "did not precisely match facts with the facts at hand". Why were these things discussed at the City Council Meeting of July 1, Page 4 1981, at which the agenda item, #7, specified only two choices: adopt an ordinace or call for a special election. If indeed there are any "clouds being cast upon this initiative", it is being done by this body. 107 It is our contention that the public has a right to know the identity of the circulators of these rumors, and how, when and where this information was given to the Council. The statement that "...some people w~e have talked to..." just isn't good enough. Who, where, how, and by what authority can judgment be made on rumors without an identifiable source? What right does the City Council have to assume the position it has on the Initiative placed before it by the people of South San Francisco? On May 19, 1976, a motion was passed by the City Council that no action would be taken on any item that was not on the written agenda. This decision to go to an outside law firm for an opinion was done in such a manner. The Initiative has not yet passed. If it does not - then there is no need for an outside law firm. If it does pass, one would reasonably feel that the need for the outside law firm's assistance would arise only if the Initiative law was challenged in court, assuming that the City Attorney was not qualified to defend it properly. That is only common sense. You are putting the cart before the horse. As far as the opinion of ANY law firm with regard to the Initiative is concerned, keep in mind that LAWYERS do not decide court cases and/or the constitutionality of law. JUDGES do. Until this Initiative passes, any opinion is just another opinion. You also considered the possibility of putting an additional measure Page 5 on the same ballot, but did not have time. I would like to point out that the public has been attempting to let you know how they feel about the South Slope of San Bruno Mountain for years. You told us last year that we were being premature. The fact that you did not act in a timely manner in response to the voice of the people is the reason that this Initiative is on the ballot. The matter was taken out of your hands because you refused to act on this issue in a manner satisfactory to the people. This is symptomatic of what is going on in our society today. For example, three cities in San Mateo County have filed either an Initiative or a Referendum recently. The classic example of the use of the Initiative Process is Proposition 13, which followed 20 years of people unsuccessfully petitioning the State Legislature to correct an unjust property tax system. Then the Legislature produced an alternative measure known as Proposition 8 on the same ballot, which was soundly defeated. Were you reacting as our State Legislature did when you planned an alternative to the Initiative on our ballot? Do you wonder why people have lost confidence in their government? The actions taken by you may have been "well meaning", but they are inappropriate and far in excess of legal requirements with regard to the Initiative Process. This does indeed give rise to suspicion regarding your reaction as a body to the wishes of the people .you represent. Mr. Rogers stated that any findings by this outside law firm will be kept as a closely guarded secret. I would like to go on record now to state that, in light of that, your reasoning behind your Page 6 decision has gone out the window. You collectively stated that you "had an obligation" to let the people know what they are voting for. Mr. Rogers stated that this opinion must be kept secret because of the possibility of a law suit if the Initiative passes. The people who signed the Initiative Petition had a copy of the Initiative itself available and attached to the petition they signed. Are you questioning their ability to read and understand what it says? In a nutshell, what I am saying is that: #1.) You acted against your own rules of procedure in taking action on items not on the written agenda. #2.) You hired a law firm for an opinion on a court case that does not exist. #3.) You base your actions on rumors, the source of which you don't identify. #4.) You challenge the intelligence of 4000 people who signed the petition, by saying they don't understand it. #5.) You top it all off by saying that you are doing these things to eliminate an aura of suspicion that the City Council is not acting in the best interests of the people of South San Francisco. I leave you with a quote from Ghandi: "There go my people. I must hurry and catch up with them, for I am their leader." AGENDA ACTION TAKEN ORAL COMMUNICATIONS ORAL COMMUNICATIONS Councilman Addiego stated that he wanted to make the following statement in response to the transcript. "In Light of the fact that I don't believe anything in this document deserves a response - quite honestly. We have been through these items over and over again and it appears to me, being an ex-member of the Citizens Action League, I am well aware of how the Citizens Action League operates and the group thrives on misinformation and ignorance; and this is a prime example of ignorance." Ms. Lee stated that the information was directly quoted from the tape of the City Council meeting and that if it is ignorance then it is not CAL's. Councilman Addiego stated that Ms. Lee had been taught very well how to pull information out of context and add it up and make it look very damaging, but that she should realize what Council was trying to do. He said that the educational process was an important thing in the democratic process - to understand, not to limit oneself where one person in a group determines what is best for an entire group. He stated that in his opinion this document and the Citizens Action League itself resembles nothing more than a fascist group - and those are the rules they operate under. Mayor Nicolopulos said he wanted the record to show that the comments made by Councilman Addiego were strictly a personal statement. Councilman Addiego agreed and stated that the "shadows" referred to in the transcript was Item No. 1 in the Initiative which ended up, saying "for public use and enjoyment." He sai d that it was one thing to determine 7/15/81 Page 2 AGENDA ACTION TAKEN 1!~ ORAL COMMUNICATIONS (TF-090) INTRODUCTION: CONSENT CALENDAR Late claim as filed by Robert J. Valkevich, Attorney at Law, on behalf of Mason Ng, a minor, and for Wing L. Ng his father and legal guardian, alleging injuries sustained in the haz- ORAL COMMUNICATIONS that someone's property is to be left in open space - and quite another to determine that it is for public use and enjoyment. He stated that Ms. Lee should understand the ramifications of the statement. Ms. Lee asked if he understood that he did not say that at the last meeting but had introduced rumors without identification of the source. Councilman Addiego stated that Item No. 1 may entail a taking of land and that was why he wanted a legal opinion on that portion of the document. Councilman Acosta said that he respected Ms. Lee in making her statement and understood it was part of the process of competing for votes. He continued, every attempt was put toward CAL's side, however Ms. Lee should understand it is the right and the responsibility of the Council to protect the entire citizenry of South San Francisco. He concurred that a legal opinion was just an opinion, but if the document was not constitutional then it must be said. A discussion followed on CAL being contacted for input on a legal firm and that CAL did not have a rec- ommendation and the City Attorney had selected Shute, Mahally and Weinberger. Mayor Nicolopulos introduced a group from the South San Francisco Demolay. CONSENT CALENDAR 7/15/81 Page 3 AGENDA ACTION TAKEN 113 CONSENT CALENDAR 1. Late claim - Continued. e e ardous intersection at Callan Boulevard and Lexington Way (Leix Way). Motion to allow the late claim and deny and refer the claim to the City's Insurance Adjuster and to the Office of the City ~ttorney. Staff Report 7/15/81 recommending by Motion to award the bid for Custodial Paper Supplies to Blake, Moffitt & Towne, Division of Saxon Industries Inc. as the lowest bid. ~~ Staff Report 7/15/81 recommending by Motion to set a Public Hearing date for 8/5/81 for consideration of an eight month extension of a moratorium on the Adult Enter- tainment Urgency Ordinance. 3a. Staff Report 7/15/81 recommending by Motion to authorize the Purch- asing Officer to advertise for bids for the printing of the Quarterly Activities Brochures for the Fiscal Year 1981-82. (TF-142) ~~ APPROVAL OF BILLS 4. Approval of the Regular Bills of 7/1 5/81. CONSENT CALENDAR So ordered. So ordered. Director of Community Development Dell'Angela asked for a correction on the date of the hearing to cor- respond with the expiration of the Ordinance. He asked that 7/29/81 at 4:30 p.m. be set for the Public Hearing. So ordered. So ordered. M/S Addiego/Damonte - Consent Calendar be approved. Carried by unanimous voice vote. APPROVAL OF BILLS Councilman Addiego questioned a bill from California Water Service Co. Director of Public Services Yee stated it was to relocate certain fire hydrants. Councilman Addiego questioned a bill from Ewald Travel Service. 7/15/81 Page 4 AGENDA ACTION TAKEN APPROVAL OF BILLS CITY MANAGER Staff Report 7/15/81 recommending consideration of a proposed agreement on the Brentwood Shopping Center Parking Lot. e Staff Report 7/15/81 recommending adoption of a Resolution deter- mining the units for employer- APPROVAL OF BILLS Assistant to the City Manager Wilson said it was for travel expenses to Los Angeles for mechanics to train on the Calavar. Councilman Addiego questioned a bill from Kelly Services for the Park and Common Greens. Director of Park & Recreation Norton stated that the Common Greens were maintained by contract, however large cracks were in the sidewalk and additional manpower was needed. He stated that by using Kelly Services it was less costly for the City in that workmens compensation did not have to be paid. Vice Mayor Teglia asked for a report on the number of mechanics that went to school on the Calavar. M/S Acosta/Damonte - To approve the Regular Bills. Carried by unanimous voice vote, Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY MANAGER City Manager Birkelo stated that he had not obtained signatures on the agreement and that Arco, Kenwood and the holding company had questioned the cost of resurfacing the parking lot at their expense. A discussion followed on the delay in handling this matter; to investigate other options - such as parking meters and an enforcement officer; potential revenue, etc. Consensus of Council - to continue the matter for two weeks. 7/15/81 Page 5 AGENDA ACTION TAKEN CITY MANAGER 6. Staff Report - Continued. employee relations purposes and assigning job classifications to those units. (TF-207) A RESOLUTION APPROVING UNIT DETERMINATIONS AND MODIFICA- TIONS AS MADE BY THE CITY MANAGER PURSUANT TO ORDINANCE NO 647 COMMUNITY DEVELOPMENT (TF-212) e Be Staff Report 7/15/81 recommending that a Public Hearing be set for 8/5/81 for PCM/Height Limit/ ZA-81-19, an amendment to Zoning Ordinance No. 353, Section 4.45 and Negative Declaration No. 329. Staff Report 7/15/51 recommending adoption of an Ordinance from "R-I" Single Family Residential to "RPD-6" Residential Planned Devel- opment Zone District properties at E1 Rancho Drive-In Theatre site Home Savings and Loan Assoc./ Hamlin Land Co.): 1) Motion to waive further reading of the Ordinance; 2) Motion 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 ESTA- BLISHING A "RPD-6" RESIDENTIAL PLANNED ZONE DISTRICT ON CERTAIN PROPERTY (COMMONLY KNOWN AS THE EL RANCHO DRIVE-IN THEATRE SITE) CITY MANAGER City Manager Birkelo stated that the only change this made in the Units was to delete all department heads from Unit No. 1. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 78-81 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT M/S Teglia/Damonte - To set a Public Hearing for 8/5/81. Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance. Ms. Doris Agee, a member of the Design Review Board, stated that she was very encouraged by this design and hoped that a design as good would be used for the development of Chestnut and Grand Avenues. M/S Acosta/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Damonte - That the Ordinance be passed and adopted. ORDINANCE NO. 870-81 Carried by majority voice vote, Vice Mayor Teglia voted no. A discussion followed on past problems with the slope; Council having the opportunity to review the Use Permit and Tentative Map; the difference between a RPD-6 and R-1 zone. 7/15/81 Page 6 AGENDA ACTION TAKEN RECESS: (TF-239) RECALL TO ORDER: COMMUNITY DEVELOPMENT e Public Hearing - SA-81-70/Bayland Development Corp. appeal of the Planning Commission's decision on 5/14/81 denying approval of the Tentative Subdivision Map SA-81-70 (Stonegate Ridge Unit No. 5). 10. Staff Report 7/15/81 recommending by Motion that the decision of the Planning Commission be upheld -- continued from the 7/1/81 meeting. Public Hearing - UP-78-440 (Mod. 1) Bayland Development Corp. appeal of the Planning Commission's decision on 5/14/81, denying (Mod. 1) a proposed modification of Bayland Development Company to the Site Plan, Building Elevations and Floor Plans for Stonegate Ridge Unit No. 5, to create a 79 unit air space condomin- ium project located on the westerly side of the terminus of Ridgeview Court in the PC - Planned Community Zone District. Staff Report 7/15/81 recommending by Motion that the decision of the Planning Commission be upheld -- continued from the 7/1/81 meeting. Mayor Nicolopulos declared a recess at 8:26 p.m. Mayor Nicolopulos recalled the meeting to order at 8:40 p.m., all Council present. COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela asked that Items 9 and 10 be considered together in that one dealt with the Subdivision Map and the Modifications to the Use Permit; and that one of the issues to be resolved was whether or not the Use Permit that was approved in 1978 was still a valid Use Permit. He stated that Staff after investi- gation of the map in existence at that time, the Assessors Map and the lotting arrangement, it was Staff's opinion that the Use Permit is a valid Use Permit at this point in time. He said that the other issue is the Tentative Subdivision Map which is the Tentative Subdivision Map for Unit 5. He stated that the applicant was in attendance and recognized the concerns of the Planning Commission, Staff and the residents of the Stonegate community and thought a request would be forth- coming from the applicant to refer both items back to the Commission and Staff for additional study and redesign. He said that Staff would support that recommendation and ask the applicant to waive any time requirements in connection with the Subdivision Map. Mayor Nicolopulos asked for a clari- fication from the City Attorney. Acting City Attorney Rogers suggested that the Mayor ask the Developer for his comments and any requests he may wish to make and Council act on the requests. Daniel J. Modena, Esq., 421 Grand Ave., stated that he represented the owner, C. N. Chow, and the Developer, 7/15/81 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued. 10. Public Hearing - Continued. COMMUNITY DEVELOPMENT Mr. Sprincin, on this Project. He commended Staff for their efforts and diligence in arriving at a settlement or a compromise type of settlement whereby both the City and the applicants can go back and further negotiate this matter. He stated that Mr. Chow and Mr. Sprincin upon a finding that UP-78-440 is a valid Use Permit for Phases 5 and 6 of the Stonegate Planned Community request the following: that this matter be referred back to the Planning Commission for their 10/8/81 meeting; and will then withdraw this matter without prejudice from con- sideration tonight; in the interim before the 10/8/81 meeting the appellants will work with Staff to find a mutually accepted basis for introducing a new Tentative Map for both phase 5 and phase 6. He said that at the 10/8/81 meeting the Commission would consider either one of these two alternatives: the new Tentative Map (to be proposed), 5 and 6 with Use Permit Modifications thereof or if a new Tentative Map cannot be arrived at then the nine findings that are before Council tonight on the modifications will be sent back for consideration by the Commission. He stated that the validity of the Use Permit was a consideration for all of this and that a written communication would be mailed tomorrow to the City Staff. Mayor Nicolopulos said that there were people in the audience who wished to speak and invited them to step to the dais. Ms. Margaret Warren, 790 Stonegate Dr., expressed support of the referral for further redesign and felt that that way it was possible to arrive at a mutually acceptable development at Stonegate. Vice Mayor Teglia stated that Mr. Modena talked about the map and the residents 7/15/81 Page 8 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued. 10. Public Hearing - Continued. PARKS & RECREATION (TF-309) 11. Staff Report 7/15/81 recommending adoption of a Resolution which creates a Youth Advisory Board. A RESOLUTION CREATING THE YOUTH ADVISORY BOARD COMMUNITY DEVELOPMENT are talking about redesign and asked that Mr. Modena address that point. Mr. Modena agreed that whether the plans are acceptable or not the appellants are going back to discuss design. Director of Community Development Dell'Angela said that it was Staff's intention to have meetings with the residents of the Stonegate community to acquaint them with the alternatives that are going to be considered. M/S Teglia/Acosta - That UP-78-440 is still a valid Use Permit and to refer both SA-81-70 and Modification 1 to UP-78-440 back to the Planning Commission, through Staff for redesign and reconsideration. Carried by unanimous voice vote. PARKS & RECREATION Councilman Damonte said that paragraph 2 read "living within the South San Francisco Unified School District Boundaries" and questioned why all other Boards and Commissions must live in South San Francisco. Acting City Attorney Rogers said that if all other Boards and Commissions had to be residents this Resolution could be changed accordingly. He stated that the Ralph M. Brown Act also applied to the Youth Advisory Board meetings. Councilman Damonte asked for clarifica- tion on the one and two year tenure of the Board. Acting City Attorney Rogers said that in all odd numbered grades an appointment would be made with a two year tenure. Councilman Addiego said that the Resolution did not address that the 7/15/61 Page 9 AGENDA ACTION TAKEN PARKS & RECREATION ll. Staff Report - Continued. PUBLIC SERVICES (TF-374) Staff Report 7/15/81 recommending adoption of a Resolution awarding a contract for the Rodent Control Program to Bay Pest Control as the lowest bidder. A RESOLUTION OF AWARD OF CONTRACT FOR RODENT CONTROL PROGRAM PARKS & RECREATION individual Councilperson was to select two appointees. Acting City Attorney Rogers said that the Resolution was silent on the selection process. M/S Teglia/Damonte - To adopt the Resolution. RESOLUTION NO. 79-81 Carried by unanimous voice vote. PUBLIC SERVICES Mr. Ron Kovalenko, Vector Control Specialist San Mateo County, des- cribed in-depth the County program on sewer rat abatement. He spoke of the three inspections made per year; the number of litters per year; the bait blocks used in the sewers; the number of bait stations in Colma Creek and the produce market; estimates of rat activity; more rats in the creeks than there were in the sewers; the produce market having problems with mice and the poison being used in the market to combat the mice, etc. Discussion followed on whether there was a roof rat program available that was comporable to the sewer rat program and if at a subsequent meeting a County Health person could address Council on the roof rat problem. M/S Teglia/Damonte - To adopt the Resolution. RESOLUTION NO. 80-81 Carried by unanimous voice vote. The Mayor directed the City Manager to ask someone from the County Health Department to address Council on the roof rat program. 7/1 5/81 Page 10 AGENDA ACTION TAKEN PUBLIC SERVICES (TF-504) 13. Staff Report 7/15/81 recommending the introduction of an Ordinance on Flood Damage Prevention: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction FLOOD DAMAGE PREVENTION ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ITEMS FROM STAFF 14. Consideration of a request to modify the Final Map for the Willow/Grand Condominiums, naming certain private streets - Brosnan Court and Marcie Circle. 15. Staff Report 7/15/81 recommending adoption of a Resolution requesting County Clerk of San Mateo County to render specific election services. A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECIFIED ELECTION SERVICES RECESS: RECALL TO ORDER: PUBLIC SERVICES City Clerk Battaya read the entire title of the Ordinance. Director of Public Services Yee stated that this Ordinance was related to the Flood Control Insurance for the City that deals with most of the properties along Colma Creek. M/S Acosta/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. ITEMS FROM STAFF City Manager Birkelo asked that this item be removed from the Agenda and that Staff would prepare an alternative. So ordered. City Clerk Battaya said that this Resolution authorizes the County Clerk, through a Municipal Services Agreement to perform specified election services, such as consol- idation of precincts; furnishing precinct indexes; polling place notices/labels; select election officers; precinct supplies; check absentee application signatures and mail ballots. Vice Mayor Teglia asked for a few minutes in order to read the agreement. Mayor Nicolopulos declared a recess at 9:32 p.m. Mayor Nicolopulos recalled the meeting to order at 9:45 p.m., all Council present. 7/15/81 Page 11 AGENDA ACTION TAKEN ITEMS FROM STAFF 15. Staff Report - Continued. ITEMS FROM COUNCIL 16. An Appointment to the Coastal Commission. Councilman Acosta: Councilman Damonte: ITEMS FROM STAFF M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 81-81 Carried by unanimous voice vote. ITEMS FROM COUNCIL M/S Addiego/Acosta - To nominate Bob Garcia. M/S Acosta/Damonte - To nominate Grace McCarthy. A roll call vote for Bob Garcia failed by a 2 - 3 vote, Addiego and Teglia voted yes. A roll call vote for Grace McCarthy won by a majority vote, Addiego and Teglia voted no. Mayor Nicolopulos directed Councilman Acosta to convey the City's vote to the next meeting of the Coastal Commission. Asked that a report be submitted to Council on the costs of renting the public address system. Asked that a sign be put in the entrance of the atrium indicating the location of the restrooms. Asked that a meeting be set up at the Senior Center to discuss the utilization of excess space and using it for a bond issue for Magnolia Center. He further stated that he wanted this issue to be to put to a vote of the people. Expressed concern with the litter underneath the newspaper structures and the flower beds. Questioned when the Newspaper Ordinance would be presented to Council. 7/15/81 Page 1 2 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilman Addiego: Vice Mayor Teglia: GOOD AND WELFARE (TF-709) CLOSED SESSION: (TF-844) RECALL TO ORDER: ADJOURNMENT: ITEMS FROM COUNCIL Acting City Attorney Rogers said it would take three months due to alter- natives offered by the newspaper, some of which were not acceptable. Stated Vice Mayor Teglia had indicated that she wanted to see the maintenance work program to see why it is not working out. Director of Parks & Recreation Norton said that Public Works and Parks & Recreation share the responsibility, however a report would be forthcoming. Said the curb is sinking in front of the pet shop on Grand Avenue. GOOD AND WELFARE Ms. Pat Martinson, 1288 Morningside Avenue, said she was not a member of CAL nor a fascist and took umbrage to the abuse Ms. Lee had taken this evening. Mrs. Doris Agee said that she was offended by the term "fascist"; applauded the goals of CAL; concerned about Council campaigning for and against; concerned that adjourned meetings have new items added to them without the public being informed. Council adjourned to a Closed Session at 10:35 p.m. Mayor Nicolopulos recalled the meeting to order at 12:05 a.m., all Council present and stated that the City Attorney was instructed on a matter of litigation and Staff instructed on personnel matters. M/S Acosta/Addiego - To adjourn to Wednesday, 7/22/81 at 5:00 p.m. at the Municipal Services Building, 33 Arroyo Drive, South San Francisco. Carried by unanimous voice vote. Time of adjournment 12:07 a.m. 7/15/81 Page 13 RESPECTFULLY SUBMITTED, APPROVED: Barbara A. Battaya, City ~;~erk City of South San Francisco i~us Nicoiopulos, MayOr City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an 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 are available for inspection, review and copying. 7/15/81 Page 14