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
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