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HomeMy WebLinkAboutMinutes 1981-12-16Mayor 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 16, 1981 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 16th day of December, 1981, at 6:00 p.m., in the Community Room, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for labor relations and litatigation. col opul os ~ M~6r City of South San Francisco Dated: December 10, 1981 A G E N D A SPECIAL MEETING PLEDGE OF ALLEGIANCE CALL TO ORDER CLOSED SESSION: RECALL TO ORDER: ACTION TAKEN SPECIAL MEETING Recited. 6:10 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta and Nicolopulos. Council absent: Teglia and Addiego. Council adjourned to a Closed Session at 6:ll p.m. Vice Mayor Teglia arrived at 6:20 p.m. Councilman Addiego arrived at 6:30 p.m. The meeting was recalled to order at 7:12 p.m., all Council present, no action .taken. M/S Damonte/Acosta - That the meeting be adjourned. Carried by unanimous voice vote. 12/16/81 Page 1 AGENDA ACTION TAKEN ADJOURNMENT: RESPECTFULLY SUBMITTED, Time of adjournment 7:13 p.m. APPROVED: Barbara A. Battaya, Cit~/Clerk City of South San Francisco ~c~o~ opul os, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral 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. 12/16/81 Page 2 Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte M I N U T E S CITY COUNCIL Municipal Services Building Community Room December 16, 1981 AGENDA PLEDGE OF ALLEGIANCE CALL TO ORDER: (Side 1 TF-O05) INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Hear Item No. 17 as Item No. 6a. - Add Item No. 5a An appeal by Samuel B. Davis on UP-81-602. - Add Item No. 23 Payment of Architectural Fees for the Municipal Services Building. - Closed Session for Personnel and Litigation at the Close of the Meeting. ORAL COMMUNICATIONS CONSENT CALENDAR Minutes of the Special Meeting of 9/9/81, Special Meeting of 9/9/81, Special Meeting of 9/16/81 and the Regular Meeting of 9/16/81. e Staff Report 12/16/81 recommending by Motion to award the bid for the carpeting of West Orange Library to Abbey Carpets in the amount of $28,308.10. ACTION TAKEN Reci ted. 7:45 p.m. Mayor Nicolopulos presiding. Council present: Acosta, Teglia, Addiego and Nicolopulos. Council absent: Damonte. Reverend Charles Gilmore, Redeemer Lutheran Church, gave the invocation. Councilman Damonte arrived at 7:58 p.m. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. CONSENT CALENDAR So ordered. So ordered. 12/16/81 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR 3. Staff Report 12/16/81 recommending by Motion to set a Public Hearing date of 1/20/82 for ZA-81-20 and Negative Declaration No. 346 - a Zoning Amendment amending Title 20 of the Municipal Code by adding Chapter 20.38 entitled "Adult Entertainment Businesses Regulated." ~=/~ 4. Staff Report 12/16/81 recommending by Motion to set a Public Hearing date of 1/20/82 for ZA-81-21 and Negative Declaration No. 347 - a Zoning Amendment adding Sections 20.08.25 and 20.08.105 defining "Amusement Arcade" and "Coin Operated Amusement Device." 5. Staff Report 12/16/81 recommending by Motion to approve a Profess- ional Services contract with William P. Alfkin for the perfor- mance of drafting, surveying and related projects. ~~ 5a. Set a Public Hearing date of 1/20/82 for the appeal of Samuel B. Davis of the Planning Commiss- ion's decision on 12/10/81 to deny UP-81-602/519 Mayfair Ave. to manufacture furniture. APPROVAL OF BILLS 6. Approval of the Regular Bills of 12/16/81. CONSENT CALENDAR So ordered. So ordered. So ordered. So ordered. M/S Addiego/Teglia - Consent Calendar be approved. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Acosta/Teglia - 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. 12/16/81 Page 2 AGENDA ACTION TAKEN PUBLIC SERVICES 6a. Staff Report 12/16/81 recommending adoption of a Resolution to under- take proceedings pursuant to special assessment and assessment bond acts for the making of acquisitions and improvements without further proceedings under Division 4 of the Streets and Highways Code (Gateway Assessment District). A RESOLUTION DETERMINING TO UNDER- TAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE MAKING OF ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE - THE GATEWAY ASSESSMENT DISTRICT CITY MANAGER 7. Staff Report 12/16/81 recommending adoption of a Resolution on the approval and issuance of the South San Francisco Redevelopment Agency Gateway Redevelopment Project 1982 Tax Allocation Bonds and Notes. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING THE ISSUANCE OF THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY GATEWAY REDEVELOPMENT PROJECT 1982 TAX ALLOCATION BONDS AND NOTES PUBLIC SERVICES City Manager Birkelo explained that the proposal was for the off-site improvements related to the Gateway project, those which are the responsi- bility of the developer and those which are the responsibility of the City will be funded under the Assess- ment District proceedings, tie stated that the work to be accomplished by the Gateway Assessment District was the same as the improvements described in the Owner Participation Agreement between the Redevelopment Agency and Homart, with the added items of widen- ing Produce Avenue between Colma Creek Bridge and the freeway; and the installation of landscaping and irrigation around the project boundaries. He indicated that the adoption of the resolution would initiate the Assess- ment District proceedings. M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 149-81 Carried by unanimous voice vote. CITY MANAGER City Manager Birkelo stated that this item was related to the action taken by the Redevelopment Agency. He stated that Council would in effect be concurring with the Agency in its authorization of the issuance of tax allocation bonds and notes. He said that the reason for this action on behalf of the Council was that the City was a party to the Owner Participat- ion Agreement as well as the Redevelop- ment Agency. Mr. Hill indicated that there had been an error on the resolution, he stated that it read 1981, when in fact it should be 1982 and asked that this be changed. 12/16/81 Page 3 CITY MANAGER 7. Staff Report 12/16/81 - Continued. e Staff Report 12/16/81 recommending adoption of an Ordinance on Animal Licensing and Control with a Motion to waive further reading of the Ordinance; and a Motion to adopt the Ordinance; and a Motion to adopt a Resolution. 2nd Reading/Adoption 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 ESTABLISHING ANIMAL CON- TROL REGULATIONS AND PROCEDURES" AND ADDING CHAPTER 9.04 ENTITLED "ANIMAL LICENSING AND CONTROL" A RESOLUTION SETTING FEES FOR DOG LICENSES, REDEMPTION OF IMPOUNDED ANIMALS AND QUARANTINES CITY MANAGER City Manager Birkelo noted Mr. Hill's request and indicated that the reso- lution would be changed to reflect 1982. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 150-81 Carried by majority voice vote. Councilman Addiego abstained. City Clerk Battaya read the entire title of the Ordinance aloud. City Manager Birkelo explained that the matter of the fees had been dis- cussed at the prior meeting. He indicated that Assistant City Manager Wilson had prepared an alternative fee schedule in response to Council's direction. Assistant City Manager Wilson presented the alternate fee schedule for Council's consideration. Discussion followed concerning the transferring of a dog license in the event of the death of a dog; enforcement of tile leash law; the process used to control barking dogs; and the possi- bility of including the. use of pooper scoopers as mandatory in the future. Bob Albright, 2501 Albright Way, asked if the City had a Control Officer. Assistant City Manager Wilson replied that the City contracts with San Mateo County who in turn contracts with the Peninsula Humane Society to provide animal control for South San Francisco. Mr. Albright expressed concern that the laws regulating the behavior of dogs and other animals was not being enforced to its fullest potential. 12/16/81 Page 4 AGENDA ACTION TAKEN CITY MANAGER 8. Staff Report 12/16/81 - Continued. Staff Report 12/16/81 recommending adoption of a Resolution to enter into a Joint Powers Authority for automated circulation agreement for the libraries. A RESOLUTION CONDITIONALLY APPROV- ING AND AUTHORIZING EXECUTION OF AN AGREEMENT ENTITLED, "JOINT EXERCISE OF POWERS AGREEMENT BETWEEN CITIES OF BURLINGAME, DALY CITY, MENLO PARK, REDWOOD CITY, SAN BRUNO, SAN MATEO, SOUTH SAN FRANCISCO, AND THE CITY MANAGER Assistant City Manager Wilson responded to the concerns expressed by Mr. Albright and explained the process used by the City in conjunction with the Peninsula Humane Society for the control of animals. Discussion followed relative to the involvement of the Police Department with respect to complaintS received by citizens concerning animals. Councilman Addiego suggested that the Humane Society could provide the City with a report showing the saturation control numbers. Mayor Nicolopulos requested that reports be obtained and presented to Council for their review. 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. 883-81 Carried by unanimous voice vote. M/S Teglia/Damonte - To adopt the Resolution. RESOLUTION NO. 151-81 Carried by majority voice vote. Councilman Damonte voted no. 12/16181 Page 5 AGENDA ACTION TAKEN CITY MANAGER 9. Staff Report 12/16/81 - Continued. COUNTY OF SAN MATEO FOR THE ESTAB- LISHMENT OF A SHARED AUTOMATED CIRCULATION SYSTEM lO¸' Staff Report 12/16/81 recommending adoption of a Resolution to auth- orize a Joint Powers Authority Agreement for Intergovernmental Employee Relations Services. A RESOLUTION AUTHORIZING EXECUTION OF JOINT POI~ERS AGREEMENT FOR INTER- GOVERNMENTAL EMPLOYEE RELATIONS SERVICES 11. Staff Report 12/16/81 recommending adoption of a Resolution adopting a modification of Rules and Regu- lations on Discipline Appeal Section A RESOLUTION ACCEPTING AND APPROV- ING AN AMENDMENT TO THE PERSONNEL RULES AND REGULATIONS SECTION 13.2 CITY MANAGER City Manager Birkelo explained that with Council's approval the cities would be able to proceed with the negotiations with the contractor for the installation of the system. He indicated that the joint powers agreement encompassed many cities in the area and the County of San Mateo. Discussion followed concerning the involvement of the various cities and the fee schedule. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 152-81 Carried by unanimous voice vote. City Manager Birkelo stated that the City has a continuing agreement with the Employee Relations Service which is reviewed each year during the budget process. He explained the reasons for the proposed_amendment to the agreement and indicated that these actions would eliminate the necessity of having mandatory yearly changes in the agreement. M/S Teglia/Damonte - To adopt the Resolution. RESOLUTION NO. 153-81 Carried by unanimous voice vote. City Manager Birkelo explained the process presently in effect regarding appeal of a disciplinary action. He stated that the proposed change would allow the affected party to appeal directly to the Personnel Board re- garding a disCiplinary action. Discussion followed concerning the time element in filing an appeal; response of the various employee organizations as to the change. 12/16/81 Page 6 AGENDA ACTION TAKEN CITY MANAGER ll. Staff Report 12/16/81 - Continued. 12. 13. Staff Report 12/16/81 recommending adoption of a Resolution accepting a Memorandum of Understanding for Unit No. 6, Fire Fighters, for fiscal year 7/1/81 to 6/30/82. A RESOLUTION ACCEPTING AND APPROV- ING MEMORANDUM OF UNDERSTANDING UNIT 6, SOUTH SAN FRANCISCO FIRE FIGHTERS, REPRESENTED BY INTER- NATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1507 AFL-CIO - JULY 1, 1981 TO JUNE 30, 1982 Staff Report 12/16/81 recommending adoption of a Resolution author- izing the execution of an Amendment to the Owner Participation Agree- ment providing for change in specific plan density. A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT PROVIDING FOR CHANGE IN SPECIFIC PLAN DEN- SITY RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT 14. Public Hearing - Robert Simms/Trux, Inc./UP-80-545, an appeal of the decision of the Planning Commission E.I.R. determination - continued from the 12/2/81 meeting. CITY MANAGER M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 154-81 Carried by unanimous voice vote. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 155-81 Carried by unanimous voice vote. City Manager Birkelo stated that this item had been continued at the Redevelopment Agency meeting. He indicated that a report would be forthcoming by the end of the week concerning the effect of the possible change in density on one of the parcels in the Gateway project. Discussion followed concerning the possibility of holding a special meeting to act on this matter once the report dealing with ~he density had been re- viewed. Consensus of Council to continue this matter for action at a later meeting. Mayor Nicolopulos declared a recess at 8:42 p.m. The meeting was recalled to order at 9:00 p.m., all Council present. COMMUNITY DEVELOPMENT 12/16/81 Page 7 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 14. Public Hearing - Continued. Staff Report 12/16/81 recommending: l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal and uphold the decision of the Planning Commission. (TF-267) Public Hearing opened: (TF-308) COMMUNITY DEVELOPMENT Director of Community DevelopmentDell'Angela stated that the subject Use Permit had been presented to the Planning Commission for consideration in October. He said that at that time there had been issues of concern raised regarding the possible affects of odor from the adjacent Sewage Treatment Plant on the future employees and the effects on the bay from the proposed filling related to the project. The Planning Commission had deferred action on the Use Permit at that time and required that a Focused Environmental Impact Report be prepared addressing these issues. He said that an appeal had been filed by Trux, Inc. on October 27, 1981 and that the hearing had been scheduled for December 2, 1981. However, Trux, Inc. had requested a continuance in order to resolve the environmental issues raised by the Planning Commission. On December 2, 1981, Staff received a report from Mechanial Planning, Inc. addressing the odor problem, proposing the installation of a certain air filtration system which could be installed in;the project and would mitigate the odor problems from the Treatment Plant. He said that Trux, Inc. had asked that Staff forward to Council an alternate plan, which changes the project from 2 buildings to a 1 building project, this would require the relocation of a 40 foot City easement located through the center of the property. He commented on the size, location and general description of the land. Mayor Nicolopulos declared the Public Hearing open and invited those wishing to speak in favor of the appeal to step to the dais. Robert Simms, Trux, Inc., 341Allerton Avenue commented on the Focused Environmental Impact Report requested by the Planning Commission and indicated that he felt that it was not required. 12/16/81 Page 8 AGENDA ACT]ION TAKEN 185 COMMUNITY DEVELOPMENT 14. Public Hearing - Continued. (TF-411) (TF-419) COMMUNITY DEVELOPMENT He spoke of the time element in- volved in the preparation of the EIR and the amount of time which had been invested in the project to the present date and indicated the economic effect on the company. He explained the service the company provided to the airlines, and said that basically they connected the airlines with their shippers, and that it was essential that the com- pany be located near the airport. He commented on the negot~atio~sJ.~ with the City during the consideration of trading the present property for City property near the Airport. He stated that this proposal was not feasible because it would cost an additional $250,000. He explained the positive elements that would benefit the City if he was permitted to build: employment, tax revenue, maximize the utilization of land which is presently undeveloped and that the use proposed for the property is con- sistent with the use of the neighboring properties. He stated that if Trux was not able to build on the proposed site, there was a possibility that they would be forced to leave South San Francisco and indicated the possibility of going out of business. Robert M. Desky, Attorney at Law, 7 West 4th Avenue, San Mateo, representing Trux, Inc., stated that the basic issue involved the odor problem as seen by the City and by the developer. He then introduced Mr. Hurley, Odor Consultant. Mr. Hurley, 461 Cypress Court, Odor Consultant, explained the process which was being proposed by Trux, Inc. in order to remove the odors from the area caused by the Treatment Plant. Mr. Desky, explained that the system which was proposed for use in filtering the odors from the proposed offices has been in use in many other locations and has proven to be quite effective. He proceeded to address the issue of the 12/16/81 Page 9 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 14. Public Hearing - Continued. COMMUNITY DEVELOPMENT effect upon the shoreline. He spoke in regard to the Specific Plan adopted in 1977 as it relatedto.the proposed development. He further commented on the provisions of the Environmental Quality Act as Amended which related to the development. Discussion followed concerning the sections of the Environmental Quality Act as amended which were applicable to this project. Mayor Nicolopulos invited those who wished to speak in opposition to step to the dais - no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed. City Manager Birkelo presented to Council two conditions which Council could consider if they felt that a reasonable case had been presented by Trux, Inc., that odors could be reasonably controlled. Discussion followed concerning the odor problem and its overall affect on the other aspects of the development. Also discussed was the concern of legal problems resulting from complaints in- volving odor; the possibility of Trux suing the City in the future. An in-depth discussion followed in- volving the aspect of the affect of the odor on the employees over a long period of time; the degree of complaints that could be expected to be received from this project with respect to odor, with the use of the filtration system; the possi- bility of condemning the land if the appeal is turned down. Vice Mayor Teglia requested information regarding repairs that the City had made to the Sewage Treatment Plant as the result of litigation. 12/16/81 Page 10 ^tEND^ ^CT ON T^KE !87 COMMUNITY DEVELOPMENT 14. Public Hearing - Continued. RECESS: RECALL TO ORDER: 15. Staff Report 12/16/81 recommending adoption of an Ordinance which amends Section 6.25A.1 of Ordinance No. 353, the Zoning Ordinance of the City of South San Francisco and the South San Francisco Munici- pal Code Section 20.80.070: 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be passed and adopted. 2nd Reading/Adoption 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 ~l PUBLIC SERVICES 16. Staff Report 12/16/81 recommending adoption of a Resolution approving Supplement No. 4, an Agreement dated 3/4/68, for sewage disposal by and between the City and the North San Mateo County Sanitation District. COMMUNITY DEVELOPMENT Discussion followed concerning the days and hours of operation for the proposed development; number of personnel; the amount of time necessary to prepare the Focused EIR and the related costs. M/S Addiego/Acosta - To uphold the appeal and refer back to the Planning Commission to consider the Use Permit and to add conditions that will insure appropriate mitigation. Carried by unanimous voice vote. Mayor Nicolopulos declared a recess at 10:30 p.m. The meeting was recalled to order at 10:45 p.m., all Council present. City Clerk Battaya read the entire title of the Ordinance aloud. 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. 884-81 Carried by unanimous voice vote. PUBLIC SERVICES 1 2/16/81 Page 11 AGENDA ACTION TAKEN PUBLIC SERVICES 16. Staff Report 12/16/81 - Continued. A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. 4 TO AGREEMENT WITH THE NORTH SAN MATEO COUNTY SANITATION DISTRICT 17. Staff Report 12/16/81 recommending adoption of a Resolution to under- take proceedings pursuant to special assessment and assessment bond acts for the making of acquisitions and improvements without further proceedings under Division 4 of the Streets and Highway Code (Gateway Assess- ment District). A RESOLUTION DETERMINING TO UNDER- TAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE MAKING OF ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE - THE GATEWAY ASSESS- MENT DISTRICT ITEMS FROM STAFF 18. Request for City Council endorse- ment of Belle Air Island site for SAMTRANS Maintenance/Operation Center - authorization to send response letter to SAMTRANS. (TF-782) PUBLIC SERVICES Director of Public Services Yee explained that this supplement would incorporate a portion of the cemeteries located between Junipero Serra and Hickey Boulevard. He stated that the supplement included language which would restrict the use for cemeteries only. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 156-81 Carried by unanimous voice vote. Heard as Item 6A. ITEMS FROM STAFF City Manager Birkelo stated that meetings had been held with SAMTRANS involving a subcommittee of Council and members of Staff. He explained that SAMTRANS had requested a s~ronger endorsement from Council in order to obtain the approval of the Federal Government to transfer the grant money to the new location and pro- vide for new appraisals on the new site. Councilman Damonte explained that it had been the subcommittee which had suggested the Belle Air site to SAMTRANS. 12/16/81 Page 12 AGENDA ACTION TAKEN ITEMS FROM STAFF 18. Request for City Council endorse- ment - Continued. 19. Consideration of the options open to Council in light of the denial by the Board of Supervisors of the Ordinance extending elected terms, i.e., repeal election Ordinance, put measure on the ballot; this information was requested by Council and will be presented by the City Attorney. (TF-902) ITEMS FROM STAFF Discussion followed concerning alternative locations for SAMTRANS use, the negative and positive aspects of having the bus line located in South San Francisco and potential uses of the site. Consensus of majority of Council to give endorsement - Councilman Addiego voted no. City Attorney Rogers stated that as the result of the County of San Mateo Board of Supervisors refusing to approve Ordinance No. 881-81 of the City, which calls for the consolidation of the General Municipal Election with the School District Elections in November of odd-numbered years, Council must consider the course of action they wish to pursue. He explained the three major options available: 1) To take no action, to discard the idea of consolidating the General Municipal Elections; this action would allow for the calling of the General Municipal Election in April of 1982 and to repeal Ordinance 881-81 and reinstate Chapter 2.16 of the Municipal Code which relates to terms of Councilmembers; 2) To file an action for Writ of Mandate to compel the Board of Supervisors to approve Ordinance No. 881-81; 3) Go to the people and ask the people to in effect make the decision that this con- solidation should take place and that is divided into two possible means a) Go to the people in April with an Advisory Measure; b) Go to the people with an Initiative Measure. Councilman Acosta stated that Daly City was going to. file a Writ of Mandate and the Court was to rule on this matter on January 4, 1982. He said that the City should leave its options open until after the Court had ruled on this matter. He commented that if the Court's ruling was in favor of the Board of Supervisor's action that he would be in favor of having an advisory measure on the April of 1982 ballot 12/16/81 Page 13 AGENDA ACTION TAKEN ITEMS FROM STAFF 19. Consideration of options - Continued. ITEMS FROM STAFF consolidating the General Municipal Elections with the School Board Elections and that the next election would be held in November of 1985. Councilman Damonte commented that he would leave the elections in April of even-numbered years. Councilman Addiego expressed his con- cern regarding the action taken by the Board of Supervisors. Councilman Acosta reitereated his prior concern that the election not be con- solidated with the General Elections of even-numbered years so that the City could maintain its individuality and not be combined with state and federal offices. Discussion followed concerning the action taken by the Board of Supervisors, importance of the City maintaining control of local government; and the time element involved if a General Municipal Election was to be called for April of 1982. M/S Addiego/Teglia - To repeal the Ordinance. Failed by majority roll call vote. Councilmembers Acosta, Damonte and Nicolopulos voted no. Discussion followed related to the reasons for repealing the Ordinance. Mr. James Keegan, 1244 Crestwood Drive, asked Acting City Attorney Rogers if in his report on January 6, 1982, it would include a draft of the ballot issue. Acting City Attorney Rogers responded that if there was a measure, it would be included~ He stated that he would prepare several options for the meeting of January 6, 1982, for Council consideration. 12/16/81 Page 14 AGENDA ACTION TAKEN ITEMS FROM STAFF 19. Consideration of options - Continued. 20. Consideration of the fiscal year 1982-83 Community Development Block Grant Application. 21. Consideration of the parking infraction bail schedule pur- suant to SB 189. (TF-11 O1 ) ITEMS FROM STAFF Mr. Keegan asked if there would be an option for the November 1984 election on January 6, 1982. Acting City Attorney Rogers stated that all options would be open. City Manager Birkelo explained that the application would include con- tinuation of the commercial/residential rehabilitation program and upgrading of the area, etc. He stated that there had been discussion concerning the use of HCDA funds for the possible disposition of Magnolia Center. He indicated that funding in the amount of $50,000 would be necessary to study the feasibility of a restoration of the Center. M/S Teglia/Addiego - To apply for funds for Magnolia Center. Carried by unanimous voice vote. City Manager Birkelo stated that State Legislation had imposed a surcharge on parking infractions to facilitate a fund to be used for improvement of County criminal justice and court facilities and/or for the improvement of criminal justice automated information system. He indicated that Judges of the Northern Municipal Courts had made a decision to increase the bail by $1.50 and had stated that other jurisdictions may also increase bails if this action was taken by December 28, 1981. He explained that the DMV had indicated that their computers would only be able to handle even amounts. He commented that the increased costs would cover enforcement and felt that it was a good time to consider increasing the City's fine to $3.50. Councilman Damonte expressed concern regarding the work involved in the collection of fines, etc. Discussion followed on the use of revenues received from the fines, and the distribution of monies 12/16/81 Page 15 AGENDA ACTION TAKEN ITEMS FROM STAFF 21. Consideration of parking in- fraction bail - Continued. 22. Consideration of the City Hall chimes approval. (TF-1204) 23. Payment of architectural fees for the Municipal Services Building. ITEMS FROM STAFF between the County and the City. M/S Acosta/Addiego - To increase the fees by 50¢ in addition to the fees imposed by the Board of Supervisors. Councilman Addiego inquired when the next date for changing the bail would be available after December 28, 1981. City Manager Birkelo responded that he would check with the court for that information. RESOLUTION NO. 157-81 Carried by majority voice vote. Councilmembers Addiego and Damonte voted no. City Manager Birkelo explained that the chimes had been installed on a temporary basis for the past 13 months. He said that with the temporary system the volume could not be increased without causing reverberations in the sound system and that the production was poor. He stated that upon approval a new composite solid state system would be installed and there would be a higher level of performance. M/S Acosta/Nicolopulos - To approve the chimes. Discussion followed relative to the cost of the chimes. Carried by majority voice vote. Councilmembers Addiego and Teglia voted no. City Manager Birkelo explained that it had been determined during meetings with the Architect that there was $7,000 in fees remaining on the original lump sum architectural agree- ment and an additional $12,000 for architectural work on Change Orders. He stated that the City's analysis indicated that one half of the Change 12/16/81 Page 16 AGENDA ACTION TAKEN ITEMS FROM STAFF 23. Payment of architectural fees - Continued. ITEMS FROM COUNCIL Councilman Damonte: ITEMS FROM STAFF Orders were initiated by the City and the other half resulted from deficiencies in the original plans and specifications. M/S Teglia/Addiego- That the City Manager pay that portion of the Change Order initiated by the City - $6,000, and the base amount of $7,000 and that any other costs should be negot- iated. Carried by unanimous voice vote. ITEMS FROM COUNCIL Expressed concern with Staff Reports recommending action to be taken by Council and felt that the action suggested should be parliamentarian procedure to be taken without a suggestion of the decision to be made. Commented on SB 999 which states that cities cannot prohibit sale of fire- works within their boundaries. He requested that a letter be sent by Council in opposition to this Bill. Commented on SB 314 concerning binding arbitration. Commented on SB 33, which concerned the inspection of vehicles, and requested that Senator Papan be advised of the City's support of this Bill. Spoke in reference to the placing of a restriction on a Planning Commissioner's involvement in matters dealing with the South Slope. He felt that the Election had resolved the matter and requested that Council remove the restriction. Acting City Attorney Rogers stated that Council could give the Commissioner the right to participate in discussions concerning South Slope. Consensus of Council - That the Planning Commissioner can take part in all issues including South Slope. 12/16/81 Page 17 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilman Damonte: GOOD AND WELFARE CLOSED SESSION: (TF-1427) RECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City OqerK~/ City of South San Francisco ITEMS FROM COUNCIL Asked what the status was with the Police Building renovation. City Manager Birkelo stated that the architects would be presenting ~th'mee or four options to Council in the near future. Councilmembers Damonte and Addiego asked for information on all develop- ments of the Police Building as they occurred. Wants another meeting with the County on Colma Creek to introduce Mr. Hugo Stoppoloni as a new member of that Commission. GOOD AND WELFARE No one chose to speak. Mayor Nicolopulos declared a Closed Session for the discussion of personnel of litigation matters at 12:06 a.m. The meeting was recalled to order at l:O0 a.m., all Council present, no action taken. M/S Addiego/Acosta - That the meeting be adjourned Carried by unanimous voice vote. The meeting was adjourned at l:O1 a.m. APPROVED: icolopulos, M~or 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. 12/16/81 Page 18