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HomeMy WebLinkAboutMinutes 1981-12-02Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte MINUTES CITY COUNCIL Municipal Services Building Community Room December 2, 1981 AGENDA PLEDGE OF ALLEGIANCE CALL TO ORDER: (Side 1 TF-O01) INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Closed Session at the end of the meeting on litigation and labor relations. - Hear Item No. 14 after Item No. 5. ORAL COMMUNICATIONS CONSENT CALENDAR 1. Staff Report 12/2/81 recommending by Motion to refer the following claim to the Office of the City Attorney for settlement: Claim as filed by Marie Brignardello alleging failure by the City to reimburse its share of the costs incurred for drain~§e improvements. 2. A RESOLUTION COMMENDING PHYLLIS DELORES FEUDALE 3. Staff Report 12/2/81 recommending adoption of a Resolution authorizing execution of an agreement entitled "Limited Guarantee of Rights for Public Access and Grant of License" ACTION TAKEN Recited. 7:35 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. The invocation was given by Reverend Paul Dirdak of the Alderstate United Methodist Church. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. CONSENT CALENDAR So ordered. RESOLUTION NO. 145-81 1 2/2/81 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR 3. Staff Report 12/2/81 - Continued. located adjacent to the Haskins Industrial Park, southerly of Swift Avenue, Haskins Way and Michele Court. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT, ENTITLED "LIMITED GUARANTEE OF RIGHTS FOR PUBLIC ACCESS AND GRANT OF LICENSE" 4. Staff Report 12/2/81 recommending by Motion to accept as complete the Westborough 4B and 4C Subdivision Public Improvements. 5. Staff Report 12/2/81 recommending by Motion approval of the furnishing and installation of the City Seal (Logo) at the Municipal Services Bui 1 ding. o Staff Report 12/2/81 recommending adoption of a Resolution authoriz- ing execution of an agreement en- titled "Limited Guarantee of Rights for Public Access and Grant of License" located adjacent to the Haskins Industrial Park, southerly of Swift Avenue, Haskins Way and Michele Court. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT, ENTITLED "LIMITED GUARANTEE OF RIGHTS FOR PUBLIC ACCESS AND GRANT OF LICENSE ITEMS FROM STAFF 14. Staff Report 12/2/81 recommending by Motion, approval of the reno- vation of the Martin Memorial Fountain. CONSENT CALENDAR Removed from Consent Calendar for discussion by Councilman Damonte. So ordered. So ordered. M/S Acosta/Teglia - Consent Calendar be approved with the exception of Item No. 3. Carried by unanimous voice vote. Councilman Damonte expressed concern relative to the City's responsibility for maintenance and liability for the proposed pathway. Discussion followed addressing these concerns and other issues pertinent to the matter. M/S Damonte/Addiego - To adopt the Resolution. RESOLUTION NO. 14~-81 Carried by unanimous voice vote. ITEMS FROM STAFF Director of Parks and Recreation Norton, explained that a request had been re- ceived by the Recreation Commission from the South San Francisco Women's Club 1 2/2/81 Page 2 AGENDA ACTION TAKEN i59 ITEMS FROM STAFF 14. Staff Report 12/2/81 - Continued. APPROVAL OF BILLS 6. Approval of the Regular Bills of 12/2/81. ITEMS FROM STAFF to restore the Martin Memorial fountain. He stated that the Commission recommended that the restoration be done and Staff had compiled figures which included a brick vaneer around the base which would not detract from the existing abalone shell base. Mrs. Edna Harks, South San Francisco Women's Club, gave a historical back- ground on the donation of the fountain by Mr. and Mrs. Martin and the basic humanitarian services they had con- tributed to the community. She stated that the City Staff had decided that the concrete and abalone shells should be replaced with brick and that the Women's Club felt the fountain should be restored to its original state. Vice Mayor Teglia asked if the Women's Club would be satisfied with the brick veneer. Mrs. Harks said yes, if the fountain again was filled with water. Councilman Acosta asked if there was a recirculation pump in existence for the fountain. Director of Parks & Recreation said that the Women's Club might have one that they would donate to the City. A discussion followed to the effect that the pump and the necessary accessories would cost $500 for installation and the renovation would be approximately $3,000 which would include costs for potential vandalism. M/S Acosta/Damonte - To approve the restoration. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Teglia - To approve the Regular Bills. 12/2/81 Page 3 AGENDA ACTION TAKEN APPROVAL OF BILLS 6. Approval of the Regular Bills of 12/2/81 - Continued. CITY ATTORNEY e Staff Report 12/2/81 recommending adoption of an Ordinance which changes the date of the General Municipal Election from April of even numbered years to November of odd-numbered years: 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be passed and adopted. 2nd Reading/Adoption AN ORDINANCE ADDING CHAPTER 2.16 ENTITLED "MUNICIPAL ELECTIONS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE, REPEALING THE PRIOR CHAPTER 2.16 AND ORDINANCE NO. 635 ENTITLED "AN ORDINANCE ESTABLISHING TWO ELECTIVE TERMS FOR COUNCIL" APPROVAL OF BILLS Carried by unanimous voice vote. Councilman Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY ATTORNEY City Clerk Battaya read the entire title of the Ordinance aloud. Acting City Attorney Rogers stated that this Ordinance would reduce election costs pursuant to recent legislation that changed the Government Code. He said that the current Ordinance read that a person is limited to two successive elective terms. He continued, that in dis- cussions with the City Clerk the issue arose: What if a person vacated a council seat and there was an election to fulfill that term, it would then limit the term of that person to that term plus one. He stated that if the Council chose to make a change in the Ordinance, then tonight would be the first reading and the next meeting would adopt the Ordinance. Mrs. Margaret Warren, 790 Stonegate Drive, asked the reason for the extension of Council terms. Councilman Addiego said it was for better voter turn-out. Vice Mayor Teglia said she had not voted to extend the terms of office. A discussion followed on Council's reasons for extending the terms of office: cost savings, increased voter turn-out, November of 1983 would allow all City issues on the ballot, i.e,, the Council and School District. Mrs. Warren, asked what the basis was for the financial savings. Councilman Acosta stated that two letters had been received from 12/2/81 Page 4 AGENDA ACTION TAKEN CITY ATTORNEY 7. Staff Report 12/2/81 - Continued. CITY ATTORNEY County Clerk Marvin Church estimating election charges with and without a measure. Mrs. Warren stated moral outrage at the idea that a Council could vote idly to extend their own terms. She said even though it was not illegal she questioned the ethicalness and morality of the extension. Mrs. Doris Agee, 819 Ridge Court, said that she had voted for elected four year terms and did not feel it was right that the Council would give itself a nineteen month extension in office. Mr. A1 Savery, 6 Iris Court, said he did not believe that the purpose of Senate Bill 230 was to increase voter turn-out but to save cities money. He said he would rather have the right to vote on the issue rather than save money on his taxes. Mr. Larry Casey, 363 Forrestview Dr., asked the City Attorney when SB 230 would expire. Acting City Attorney Rogers said there was not an expiration date on the Bill. Mr. Casey said that if the voters felt that elected officials could unilaterally extend their own terms again and again - this could be a real problem. He said that he hoped that the Councilmembers would observe their responsibility to this City and not pass this Ordinance. He also expressed concern with a member serving two con- secutive elected terms and said that a person elected to serve a partial term could then only serve one additional term. He said this could cause one person to serve six years and another member to serve eight years by serving two full elected terms. Councilman Acosta explained that this had been an Urgency Bill signed by the 12/2/81 Page 5 AGENDA ACTION TAKEN CITY ATTORNEY 7. Staff Report 12/2/81 - Continued. CITY MANAGER Staff Report 12/2/81 recommending introduction of an Ordinance repealing 9.04 of the South San Francisco Municipal Code and Sections I through 16 of Ordin- No. 794; 1) Motion to waive further readin9 of the Ordinance; 2) Motion to introduce the Ordinance. CITY ATTORNEY Governor which took effect immediately and that if it had passed in the normal manner and not as an Urgency Bill it would have interferred with the April 1982 Election process. He said that if he felt that the intent of the Bill was to change the extension more than once he would not have voted for an extension. Councilman Addiego said that the Legislature enacted the Bill and therefore the argument was not with the Council. He said he saw no benefit from having a five-and-one- half year term. Discussion followed on changing the election date many times, an initiative being passed to prohibit changes if a change was made more than once, etc. 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. 881-81 Carried by majority voice vote, Teglia and Addiego voted no. CITY MANAGER City Clerk Battaya read the entire title of the Ordinance aloud. 12/2/81 Page 6 AGENDA ACTION TAKEN CITY MANAGER 8. Staff Report 12/2/81 - Continued. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 9.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS 1 THROUGH 16 OF ORDINANCE NO. 794 ENTITLED "AN ORDINANCE ESTABLISH- ING ANIMAL CONTROL REGULATIONS AND PROCEDURES" AND ADDING CHAPTER 9.04 ENTITLED "ANIMAL LICENSING AND CONTROL" (TF-232) RECESS: (TF-368) RECALL TO ORDER: Public Hearing - Extension of the Moratorium on Amusement Arcades. Staff Report 12/2/81 recommending adoption of an Urgency Ordinance extending for eight months the moratorium on amusement arcades: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to waive further reading of the Ordinance; 4) Motion to adopt the Ordinance. 1st Reading/A~option AN ORDINANCE EXTENDING ORDINANCE NO. 876-81, ENTITLED, "AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROHIBITING THE APPROVAL, ESTABLISHMENT OR ENLARGEMENT OF ANY AMUSEMENT ARCADE AS DEFINED HEREIN DURING THE PENDENCY OF STUDIES, AND DECLARING THE URGENCY THEREOF" CITY MANAGER Assistant City Manager Wilson spoke in great detail about the changes in the licensing programs for dogs, control of vicious animals and the fees and charges for the impounding of animals. M/S Acosta/Damonte - To introduce the Ordinance. Carried by unanimous voice vote. Council gave the following instruction to the Assistant City Manager - that the fee for impoundment of animals would be $15.00 for each occasion. Mayor Nicolopulos declared a recess at 8:50 p.m. Mayor Nicolopulos recalled the meeting to order at 9:05 p.m., all Council present. City Clerk Battaya read the entire title of the Ordinance aloud. Director of Community Development Dell'Angela explained that this Ordinance would extend the present moratorium an eight additional months to 9/29/82. He stated that the additional eight months was needed to study the draft proposal, research amusement arcade ordinances of other cities, and prepare a final draft of the ordinance for consideration by the Planning Commission and Council. Mayor Nicolopulos declared the Public Hearing open and invited those who wished to speak in favor of the matter to step to the dias -- no one chose to speak. Mayor Nicolopulos then invited those who wished to speak in opposition to the matter to step to the dias -- no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed. 12/2/81 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 9. Public Hearing - Continued. lO. Public Hearing - Robert Simms/Trux, Inc./UP-80-545, an appeal of the decision of the Planning Commission E.I.R. determination. Staff Report 12/2/81 recommending l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) By Motion to deny the appeal and uphold the decision of the Planning Commission. 11. Staff Report 12/2/81 recommending introduction of an Ordinance which amends Section 6.25 (a) 1 of Ordinance No. 353, the Zoning Ordinance of the City of South San Francisco Municipal Code Section 20.80.070: 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be introduced. 1st Reading/Introduction AN ORDINANCE AMENDING ORDINANCE NO. 353, ENTITLED, "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO,'" AS AMENDED BY ORDINANCE NO. 552, AND THE SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 20.80.070 FINANCE 12. Public Hearing - Special District Augmentation Fund Distribution. COMMUNITY DEVELOPMENT M/S Teglia/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Damonte - That the Ordinance be passed and adopted as an Urgency Ordinance to take effect immediately. ORDINANCE NO. 882-81 Carried by unanimous voice vote. Director of Community Development Dell'Angela said that a letter had been received from Robert M. Desky requesting a continuance of the matter to the 12/16/81 meeting. He asked that the Public Hearing be opened and the matter continued to 12/16/81. Mayor Nicolopulos declared the Public Hearing open. M/S Teglia/Damonte - To continue the Public Hearing to the 12/16/81 meeting. Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Acosta - To introduce the Ordinance. Carried by unanimous voice vote. FINANCE 1 2/2/81 Page 8 AGENDA ACTION TAKEN FINANCE 12. Public Hearing - Continued. Staff Report 12/2/81 recommending: l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution determining Special District Augmentation Fund dis- tribution, in accordance with Section 98.6 of the Revenue and Taxation Code. A RESOLUTION DETERMINING SPECIAL DISTRICT AUGMENTATION FUND DISTRI- BUTION, IN ACCORDANCE WITH SECTION 98.6 OF THE REVENUE AND TAXATION CODE FINANCE Director of Finance Lipton stated that as a result of Proposition 13, which cut in half the property tax revenue of the City's Special Districts, the State Legislature implemented the Special District Augmentation Fund. He said that the City's four mainten- ance districts are funded solely by property tax revenue. He explained in detail the 2% growth per year if property is not sold and the greater increase in assessed valuation when property was sold because of the passage of Proposition 13. He said that the Districts are using their resources to help meet the expenditures of maintenance and that the expected distribution would be less than needed for maintenance. He said that only Willow Gardens and Stonegate Ridge were solvent and would not require more money. He continued, West Park 1 and 2 needed money and did not have reserves in their accounts, West Park 3 this year will also experience the same problems. He said that Staff was looking for alternatives to the financing and this would be proposed at a later date. A discussion followed on maintenance schedules, contacting residents of the Common Greens and acquainting the residents with the lack of money for maintenance before the service was cut down. Mayor Nicolopulos declared the Public Hearing open and invited those who wished to speak in favor of the matter to step to the dias -- no one chose to speak. Mayor Nicolopulos then invited those who wished to speak in opposition to the matter to step to the dias -- no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed. 12/2/81 Page 9 AGENDA ACTION TAKEN' FINANCE 12. Public Hearing - Continued. PUBLIC SERVICES 13. Staff Report 12/2/81 recommending adoption of a Resolution author- izing execution of the South San Francisco/Colma Sewer Agreement. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE TOWN OF COLMA (SEWER AGREEMENT) ITEMS FROM STAFF 14. Staff Report 12/2/81 recommending by Motion, approval of the reno- vation of the Martin Memorial Fountain. 15. Status Report 12/2/81 on the interviewing and selection of the Youth Advisory Commission. FINANCE M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 147-81 Carried by majority voice vote, Addiego voted no. PUBLIC SERVICES Director of Public Services Yee explained the conditions which Colma had agreed to: a maximum flow from Colma shall be 450,000 gallons per day, Colma will pay to the City $1,153,800 to replace the existing Colma Creek trunk sewer line, the new sewer line will be the property of the City, service charge and connection fees will be collected the same as in South San Francisco, Colma has consented to pay San Bruno $230,700 for the privilege of having its waste treated at the jointly owned plant. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 148-81 Carried by unanimous voice vote. ITEMS FROM STAFF Heard after Item No. 5. Director of Parks & Recreation Norton said that he had received ten applications for the Commission and asked that a date be set for interviews. Consensus of Council - To schedule a meeting the second week of January for interviews. 12/2/81 Page 10 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Counci 1 man Damonte: CLOSED SESSION: RECALL TO ORDER: ADJOURNMENT: (TF-668) RESPECTFULLY SUBMITTED, ~ttay~rk' City of South San Francisco ITEMS FROM COUNCIL Asked if the Christmas decorations and lighting had been completed on Grand Avenue. Mayor Nicolopulos adjourned the meeting to a Closed Session at lO:O0 p.m. for the purpose of a discussion of litigation and labor relations. The meeting was recalled to order at 11:30 p.m., all Council present, no action taken. M/S Damonte/Acosta - That the meeting be adjourned. Carried by unanimous voice vote. Time of adjournment ll:31 p.m. APPROVED: G~s Nicolopu~6s, Mayo~- 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 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 available for inspection, review and copying. 12/2/81 Page 11