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HomeMy WebLinkAboutMinutes 1982-01-06Mayor 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 January 6, 1982 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 6th of January, 1982, 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 litigation. ~Nicolopulos, M~yor City of South San Francisco Dated: December 24, 1981 AGENDA SPECIAL MEETING PLEDGE OF ALLEGIANCE CALL TO ORDER: CLOSED SESSION: RECALL TO ORDER: ADJOURNMENT: ACTION TAKEN SPECIAL MEETING Recited. 6:14 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. Council adjourned to a Closed Session at 6:15 p.m. The meeting was recalled to order at 7:27 p.m., all Council present, Staff was given direction. M/S Addiego/Acosta - That the meeting be adjourned. Carried by unanimous voice vote. The meeting was adjourned at 7:28 p.m. 1/6/82 Page 1 A G E N D A A C T I 0 N T A K E N '- RESPECTFULLY SUBMITTED, APPROVED: Barbara A. Battaya, City ~]'erk City of South San Francisco -Gus Nicolopulos ,May~'~ 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. 1/6/$2 Page 2 Mayor Gus Nicolopulos Vice Mayor Roberta Cerri Teglia Council: Ronald G. Acosta Mark N. Addiego Emanuele N. Damonte AGENDA PLEDGE OF ALLEGIANCE CALL TO ORDER: (Side 1 TF-O06) INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Add Item 17a regarding matters relating to the flood and the aftermath. - Closed Session for litigation at the close of the meeting. ORAL COMMUNICATIONS CONSENT CALENDAR Staff Report 1/6/82 recommending by Motion to deny and refer the following claim to the City's Insurance Adjuster and to the Office of the City Attorney: Claim as filed by Mattie L. Denson, alleging damage to her tire as the result of a poorly marked construction area. MINUTES CITY COUNCIL Municipal Services Building Community Room January 6, 1982 ACTION TAKEN Recited. 9:01 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. Pastor Jun W. Jue, Saint Paul's United Methodist Church, gave the invocation. Council i expressed the~-r~ gratitude to Staff for work done during the storm. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. CONSENT CALENDAR So ordered. 1/6/82 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR 2. Staff Report 1/6/82 recommending by Motion to deny and refer the following claim to the City's Insurance Adjuster and to the Office of the City Attorney: Claim as filed by Betty M. Leland, alleging damage to her fence caused by roots from, a City tree. ~~c~: 3. Minutes of the Special Joint Meeting of 9/22/81 with the Board of Supervisors. 4. Resolution for James E. Rice retiring employee on 12/31/82. A RESOLUTION COMMENDING JAMES RICE ~/7 Resolution for Peter Campilongo retiring employee on 1/29/82. A RESOLUTION COMMENDING PETER CAMPILONGO 6. Staff Report 1/6/82 recommending by Motion to set 1/20/82 as a Public Hearing date to consider an appeal of Shamiana Inc./ UP-81-604 and Negative Declara- tion No. 340. 7. Staff Report 1/6/82 recommending by Motion to set 2/3/82 as a Public Hearing date to consider an appeal of Milan Jurkota/RPD- 81-25 and Negative Declaration No. 342. 8. Staff Report 1/6/82 recommending by Motion to set 2/3/82 as a Public Hearing date to consider an appeal of Sam Leonetti/V-81-251. 9. Staff Report 1/6/82 recommending by Motion to set 2/3/82 as a Public Hearing date to consider an appeal of Sam Leonetti/UP-81-600. CONSENT CALENDAR So ordered. Approved. RESOLUTION NO. 1-82 RESOLUTION NO. 2-82 So ordered. So ordered. So ordered. So ordered. 1/6/82 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 10. Staff Report 1/6/82 recommending by Motion to set 2/3/82 as a Public Hearing date to consider an appeal of Kirk D. Lassiter/ UP-81-609. 11. Staff Report 1/6/82 recommending by Motion to authorize the Purchasing Officer to advertise for bids for play equipment at Orange Memoria~~uipment #1). 12. Staff Report 1/6/82 recommending by Motion to authorize the Purchasing Officer to advertise for bids for play equipment at Orange Memorial Park (Equipment #2). 13. Staff Report 1/6/82 recommending by Motion to authorize the Purchasing Officer to advertise for bids for one 7 Gang Lawn Mower. 14. Staff Report 1/6/82 recommending by Motion to authorize the Purchasing Officer to award the bid to Custom Courts for $10,500 for tennis court resurfacing and to authorize a change order to $5,000 for additional, services. 15. Staff Report 1/6/82 ~ecommending by Motion to accept as complete the Appian Village Unit #1 Condo Subdivision ~~rovements. 16. Staff Report 1/6/82 recommending adoption of a Resolution to authorize the City to apply for SB 174 funds (Sign Hill Enhancement Project). A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PRO- GRAM FOR SIGN HILL ENHANCEMENT PROJECT CONSENT CALENDAR So ordered. Approved. Approved. Approved. Approved. Removed from Consent Calendar for discussion by Councilman Addiego. RESOLUTION NO. 3-82 M/S Damonte/Acosta - Consent Calendar be approved with the exception of Item No. 15. 1/6/8~ Page ~ AGENDA ACTION TAKEN CONSENT CALENDAR 15. Staff Report 1/6/82 recommending by Motion to accept as complete the Appian Village Unit #1 Condo Subdivision Public Improvements. APPROVAL OF BILLS 17. Approval of the Regular Bills of 1/6/82. 17a. A RESOLUTION DECLARING THE BUILD- ING AT 52 FRANKLIN AVENUE, SOUTH SAN FRANCISCO, CALIFORNIA, TO BE A PUBLIC NUISANCE WITHIN A STREET RIGHT-OF-WAY AND AN IMMEDIATE HAZARD TO THE PUBLIC HEALTH AND SAFETY AND ORDERING THE ABATEMENT THEREOF CONSENT CALENDAR Carried by unanimous voice vote. Councilman Addiego requested a des- cription of the modifications of the landscaping improvements which were to have been completed at Appian Way, Gellert and Westborough Boulevard median strips. Director of Parks and Recreation Norton explained the modifications which were required. Discussion followed concerning the improvements with a request by Councilman Addiego that Council not accept the improvements as complete at this time and invited Council to inspect the medians. He stated his concerns relative to the appearance of the medians. Consensus of Council to continue the item to the meeting of 1/20/82. APPROVAL OF BILLS M/S Damonte/Acosta - To approve the Regular Bills. Carried by unanimous voice vote. Councilman Addiego did not partici- pate or vote in the matter of the claim of Brentwood Market. City Manager Birkelo presented an account of the damage which had been sus- tained during the recent storm. He explained the areas most affected and repairs which were required. Vice Mayor Teglia said that she had received a call from a resident concerned with the mud at the corner of Dundee and Norwich and requested that the area be investigated. City Manager Birkelo responded that to his knowledge that area was in the process of being cleaned. He in- dicated that warning lights could be 1/6/82 Pa9e 4 AGENDA ACTION TAKEN 17a. A Resolution declaring the build- ing at 52 Franklin Avenue, South San Francisco, California, to be a public nuisance, etc. - Continued. (TF-134) set up to warn drivers of the condition. City Manager Birkelo then commented on the condition of the home located at 52 Franklin Avenue stating that the site had been carefully examined by Staff and in order to prevent further damage the house should be removed from the street by the weekend. He said that Staff had met with the owners of the property and discussed the ways in which the City could be of assistance in resolving the problems which had arisen and also had indicated that the City had no choice but to give the owners notice that the structure had to be demolished and removed within a certain time frame or the City would then have to take action and turn the cost back to the owners. He further commented that the City Attorney had indicated that he would prefe~ in a situation like this, that the discussion on the matter be in the form of a hearing, and that the discussion take place under oath. City Attorney Rogers stated "I suggest that you open the hearing and hear from Mr. Wittwer and Mr. Yee on the subject of the condition of the structure and what they see as the problem and what their opinions are as to the situation and then allow Mr. Leyva a chance to respond and to present his side of the story." Mayor Nicolopulos declared the hearing open. City Clerk Battaya then swore in Director of Public Services Yee saying "Do you swear that the testi- mony you are about to give shall be the truth, the whole truth, and nothing but the truth so help you God?" Director of Public Services Yee responded yes. 1/6/82 Page 5 AGENDA ACTION TAKEN 17a. A Resolution declaring the build- ing at 52 Franklin Avenue, South San Francisco, California, to be a public nuisance, etc. - Continued. Director of Public Services Yee explained that he had inspected the' site located at 52 Franklin Avenue a number of times and stated that it was his opinion based upon what he had seen,"that the structure currently on the street is relatively safe, but it should be removed for the public's safety, -- the distance between the vehicle which was crushed underneath the house and the curb is approximately 8 feet and any potential emergency exit would be restricted and could cause a potential problem with the house if it moves or falls. Be- cause of that it is my recommendation to Council that it should be considered to remove that structure and also the vehicles in the street as quickly as is practical." City Clerk Battaya then swore in Chief Building Inspector Wittwer saying "Do you swear that the testi- mony you are about to give shall be the truth, the whole truth, and nothing but the truth so help you God?" Chief Building Inspector Wittwer responded yes. Chief Building Inspector Wittwer stated,"that as far as the condition of the house goes, the movement was so sudden; and so ~evere late Sunday night and early Monday morning that the house was pushed off its foundation by a mud slide that came down from the saturated hill up above and it pushed the house completely off of its foun- dation past the middle of the street -- the garage under the living room that is completely crushed, the floor system is twisted and bent, demolished to the point where there is no practical way to solve the problem other than to demolish the house." City Clerk Battaya then swore in Mr. Leyva, owner of the property located at 52 Franklin Avenue saying "Do you swear that the testi- mony you are about to give shall be the truth, the whole truth, and 1/6/82 Page 6 AGENDA ACTION TAKEN 17a. A Resolution declarting the build- ing at 52 Franklin Avenue, South San Francisco, California, to be a public nuisance, etc. - Continued. nothing but the truth so help you God?" Mr. Leyva responded yes. Mr. Leyva expressed his gratitude to Staff for their involvement in helping in the evacuation of his home. He requested that Council wait until after he had met with his lawyer on January 7, 1982 at which time he would notify the City of his decision regarding the responsibility for the moving of the house. Mayor Nicolopulos expressed concern with the tragedies which had occurred as the result of the storm. Director of Public Services Yee explained that the amount of the cost for abatement of the nuisance at 52 Franklin contained in the proposed resolution may or may not be accurate at this time because an estimate had not been obtained from the contractor for the work. He also indicated that he could not guarantee that the abate- ment would occur by Friday, January 8, 1982 as stated within the Resolution. Discussion followed relative to the cost for the abatement and the time frame involved. City Attorney Rogers stated that the wording with respect to the date for the abatement could be changed to read "to insure that said nuisance is abated on or about Friday, January 8, 1982 or as soon thereafter as possible." Mayor Nicolopulos then asked if there was anyone else in the audience who wished to speak on this matter - no one chose to speak. Mayor Nicolopulos declared the hearing closed. M/S Teglia/Addiego - To adopt the Resolution. 1/6/82 Page 7 AGENDA ACTION TAKEN 17a. A Resolution declaring the build- ing at 52 Franklin Avenue, South San Francisco, California, to be a public nuisance, etc. - Continued. CITY CLERK 18. Staff Report 1/6/82 recommending adoption of a) a Resolution order- ing and calling the Municipal Election for 4/13/82; b) a Reso- lution requesting the County Clerk to render specified election services; c) a Resolution determining matters related to candidates' statements. A RESOLUTION ORDERING AND CALLING THE MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 1982, ESTABLISHING THE NOMINATION PERIOD FOR TERMS OF OFFICE, ORDERING THE PUBLICATION OF A NOTICE OF ELECTION AS REQUIRED BY THE ELECTIONS CODE, ESTABLISHING THE HOURS DURING WHICH THE POLLS SHALL BE OPEN AND OTHER RELATED MATTERS A RESOLUTION REQUESTING COUNTY CLERK OF SAN MATEO COUNTY TO RENDER SPECI- FIED ELECTION SERVICES A RESOLUTION DETERMINING MATTERS RELATED TO CANDIDATES' STATEMENTS (QUALIFICATIONS) AND "OTHER MATERIAL' IN ACCORDANCE WITH ELECTIONS CODE SECTION 10012 AND RELATED SECTIONS (GENERAL MUNICIPAL ELECTION 1982) RESOLUTION NO. 4-82 Carried by unanimous voice vote. City Manager Birkelo requested Council authorization to use funds from the City's catastrophic reserve to cover some of the project costs as Staff proceeded. M/S Addiego/Damonte - To approve the funds. Carried by unanimous voice vote. CITY CLERK City Clerk Battaya explained that the first Resolution declares the date of the Municipal Election as April 13, 1982, orders the publication of the Notice of Election, incorporates the provision for a measure or measures, and establishes the hours when the polls are open. The second Resolution requests specified election services from the County Clerk; and the third Resolution deals with the candidates's statements and departs from City policy of billing candidates after the fact and requires prepayment of the estimated prorated cost of the statement to be paid when the nomination papers were filed. She said that questions regarding the Resolutions should be directed to the City Attorney as the author of the Resolutions. M/S Teglia/Addiego - To adopt the Resolution ordering and calling the Municipal Election for April, 1982. Councilman Acosta stated that he had read in the newspaper that Superior Court Judge Melvin Cohn had overruled the decision of the San Mateo County Board of Supervisors in their decision concerning the consolidation of election for the City of Daly City. He stated that in essence the decision had said that the Board of Supervisors must allow the City of Daly City to hold 1/6/82 Page 8 AGENDA ACTION TAKEN CITY CLERK 18. Staff Report 1/6/82 - Continued. (TF-264) CITY CLERK its election in November of 1982 provided there was space on the ballot. He commented that it was his understanding that the Board of Supervisors would meet on 1/7/82 first in an executive session for the purpose of discussing if the Board would want to appeal the decision of Judge Cohn or if not would the City of Daly City hold its election as was scheduled for November of 1982, or allow all cities that petitioned under SB 230 to hold their elections as so designated. He stated that he ~ would prefer to see what action the Board of Supervisors took before con- sidering the proposed Resolutions. He suggested that this item be tabled until that time. M/S Damonte/Acosta - To table the item until after the Board of Supervisors meet. Discussion followed concerning parlia- mentary procedure governing motions; the deadline for adopting the proposed Resolutions with City Clerk Battaya stating that the nomination period would begin January 14, 1982. City Attorney Rogers in response to a request for clarification on the Motions which had been made stated that a Motion to postpone indefinitely or table had precedence over a main motion. Further discussion followed regarding parliamentary procedure and the right of a citizen to speak on an item when Council was on the question. City Attorney Rogers stated that there is no debate on a motion to table. Motion to table the item passed by a majority roll call vote. Councilmembers Addiego and Teglia voted no. Mr. James Keegan, 1244 Crestwood Drive 1/6/82 Page 9 AGENDA ACTION TAKEN CITY CLERK 18. Staff Report 1/6/82 - Continued. CITY CLERK asked if City Attorney Rogers had previously stated that the Daly City case did not affect the other juris- dictions. City Attorney Rogers replied "I said I could not guarantee that the decision of the judge would be broad enough so that the ruling would cover our fact situation, there were some slight differences in facts between Daly City and South San Francisco and I said even though we might wait for the decision to come down, I couldn't guarantee that the decision wouldn't be narrow and not cover us. However, after reading the decision today and looking at it carefully, it is my opinion that the decision is very broad and covers not only Daly City's fact situation, but the entire issue of the power of the Board of Supervisors to act in the fashion that they did without regard to the fact differences -- even though we didn't sue, the Judges ruling covers our fact situation." An in-depth discussion followed con- cerning the decision of Judge Cohn in relation to the Board of Supervisors action involving South San Francisco. Mr. Keegan inquired if after the Board of Supervisors meeting on 1/7/82 would~Daly City be the only City allowed to consolidate their election,-is the City of South San Francisco governed by Judge Cohn's decision or does South San Francisco have to go to court. City Attorney Rogers replied "if the Board of Supervisors did that they would clearly be incorrect, the remedy would be that we would seek a Writ of Mandate on behalf of this City. The decision is so broadly stated that its clear that what the Judge said is they did not have a right 1/6/82 Page 10 AGENDA ACTION TAKEN CITY CLERK 18. Staff Report 1/6/82 - Continued. CITY MANAGER 19. Staff Report 1/6/82 recommending adoption of a Resolution authorizing and approving the appointment of the City Attorney. A RESOLUTION AUTHORIZING AND APPROV- ING THE APPOINTMENT OF THE CITY ATTORNEY ~p~~ RECESS: ~-~ ~--~ RECALL TO ORDER: 20. Staff Report 1/6/82 recon~ending adoption of a Resolution approving and authorizing execution of Joint Exercise of Powers Agreement for Processing of Parking Citiations A RESOLUTION APPROVING AND AUTHOR- IZING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT FOR THE PRO- CESSING OF PARKING CITATIONS (J-PARK) CITY CLERK to make their decision with regard to a general law city taking into consideration anything other than whether or not they could accommo- date the ballot and that was an administerial act on their part and if they could not consider anything to do with the length of councilmembers terms or anything else like that." He further stated "the precedent is there now:within San Hateo County that the Court has ruled that with regard to a general law city that the County action was wrong - they didn't give any fact distinction, they just talked about the law." CITY MANAGER M/S Addiego/Damonte - To adopt the Resolution. RESOLUTION NO. 5-82 Carried by unanimous voice vote. Mayor Nicolopulos declared a recess at 10:05 p.m. The meeting was recalled to order at 10:25 p.m., all Council present. City Manager Birkelo explained that the City had been involved with other cities in the Northern Judicial District, Bart and the Airport in seeking solutions to the parking citation collection process to avoid a backlog of citations which had occurred previously which resulted in the dismissal of large numbers of citations. He stated that the con- clusion of.all of the participating groups following a study authorized the Criminal Justice Council would be for the Agencys to seek a private contractor to process the parking citations. 1/6/82 Page 11 AGENDA ACTION TAKEN CITY MANAGER 20. Staff Report 1/6/82 - Continued. 21. 22. Staff Report 1/6/82 recommending adoption of a Resolution accepting a Memorandum 'of Understanding for Unit #3 field and office. A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING FOR UNIT NO. 3 FIELD AND OFFICE EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 1569 AFL-CIO JANUARY 1, 1982 - DECEMBER 31, 1982 ~f~5~ Staff Report 1/6/82 recommending adoption of a Resolution on part-time salaries. A RESOLUTION AUTHORIZING AND APPROV- ING CERTAIN SALARY ADJUSTMENTS FOR PART-TIME POSITIONS EFFECTIVE JANUARY 1, 1982 COMMUNITY DEVELOPMENT 2S. Staff Report 1/6/82 recommending introduction of an Ordinance on Condominium Conversions: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. CITY MANAGER Discussion ensued relevant to the conditions of the agreement; method of selecting contractor; costs to each agency involved in the JPA; anticipated revenues to be received; auditing procedures, etc. M/S Acosta/Addiego - To adopt the Resolution. RESOLUTION NO. 6-82 Carried by unanimous voice vote. M/S Teglia/Addiego - To adopt the Resolution. RESOLUTION NO. 7-82 Carried by unanimous voice vote. M/S Acosta/Damonte - To adopt the Resolution. Vice Mayor Teglia expressed concern regarding the amount of the adjustment and indicated that she felt the unit deserved more than a 3% percent in- crease. RESOLUTION NO. 8-82 Carried by majority voice vote. Councilmember Teglia voted no. COMMUNITY DEVELOPMENT 1/6/82 Page 12 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 23. Staff Report 1/6/82 - Continued. 4. 1st Reading/Introduction AN ORDINANCE REPEALING CHAPTER 15.52 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 869, ENTITLED "AN ORDINANCE REGULATING THE CONVERS- ION OF CONDOMINIUMS, STOCK COOPERA- TIVES AND COMMUNITY APARTMENT PRO- JECTS'' AND ADDING CHAPTER 19.80 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE, ENTITLED "CONDOMINIUM CON- VERSIONS REGULATED"~~~_~,~ Staff Report 1/6/82 recommending introduction of an Ordinance on Subdivisions: l) Motion to waive further reading of the Ordinance~ 2) Motion to introduce the Ordinance. 25. 1st Reading/Introduction AN ORDINANCE ADDING SECTIONS 19.08.052, 19.08.054, 19.08.056, 19.08.058, 19.08.094, 19.08.124, 19.08.134, 19.08.204, 19.08.212, 19.08.214, 19.08.216, 19.08.218, 19.08.294 AND 19.08.296 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE, WHICH SECTION PROVIDE FOR VARIOUS DEFINITIONS TO BE USED WITHIN TITLE 19 OF THAT CODE ~~/~~ Staff Report 1/6/82 recommending introduction of an Ordinance on Subdivisions: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING AND ADDING SECTIONS TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 861 ENTITLED "AN ORDINANCE REGULATING THE DESIGN, IMPROVE- MENT AND SURVEY DATA OF SUB- DIVISIONS AND CERTAIN OTHER DIVISIONS OF LAND AND THE FORM AND CONTENT OF TENTATIVE, FINAL AND PARCEL MAPS THEREOF: PROVID: ING PENALTIES FOR THE VIOLATION HEREOF AND DESIGNATING AN ADVIS- COMMUNITY DEVELOPMENT City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Tegl~a/Addiego - To introduce the Ordinance. Carried by unanimous voice vote. City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Acosta - To introduce the Ordinance. Carried by unanimous voice vote. 1/6/82 Page 13 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 25. Staff Report 1/6/82 - Continued. ORY AGENCY, SAID ORDINANCE BEING ADOPTED PURSUANT TO THE SUBDIV- ISION MAP ACT AS AMENDED, AND TO THE GENERAL POWERS OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA: AND REPEALING ORDIN- ANCES 603, 619, 692, 694, 742, 750, 829 AND 851" FINANCE 26. Staff Report 1/6/82 recommending introduction of an Ordinance on Business License Fees: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING SECTION 6.16.040 OF THE SOUTH SAN FRANCISCO COMMUNITY DEVELOPMENT City Clerk Battaya read the entire title of the Ordinance aloud. Director of Community Development Dell'Angela stated that a minor problem had arisen regarding the wording in Section 5 of the proposed ordinance pertaining to CC&R's and assigned parking spaces within the parking district. He requested that the wording be changed to read "section assigning parking space(s) for the exclusive use of the owners or occupants of each unit. The number of parking spaces to be assigned to each unit shall be determined with reference to the requirements for off-street parking as set forth in Chapter 20.52 of this Code." Discussion followed concerning the availability of parking spaces within the parking district and the effect the proposed change would have. M/S Damonte/Teglia - To waive further reading of the ordinance with the modified wording. Carried by unanimous voice vote. M/S Damonte/Teglia - To introduce the Ordinance with Exhibit "A". Carried by unanimous voice vote. FINANCE 1/6/82 Page 14 AGENDA ACTION TAKEN FINANCE 26. Staff Report 1/6/82 - Continued. MUNICIPAL CODE AND SECTION 4.5 OF ORDINANCE NO. 720 ENTITLED "AN ORDINANCE LICENSING THE TRANS- ACTIONS AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF SOUTH SAN FRANCISCO, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF" AS AMENDED BY ORDINANCE NO. 751 AND ADDING SECTION 6.16.045 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE POLICE 27. Staff Report 1/6/82 recommending introduction of an Ordinance on Coin Operated Amusement Devices: 1) Motion to waive further reading of the Ordinance; 2) Motion to intro- duce the Ordinance. 1st Reading/Introduction AN ORDINANCE REPEALING THE FORMER CHAPTER 6.44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 636 ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING MECHAN- ICAL AMUSEMENT DEVICES AND PRO- VIDING FOR LICENSE FEES, PROHI- BITING ILLEGAL DEVICES AND PRO- VIDING FOR LICENSE FEES, PROVID- ING PENALTIES" AND ADDING CHAPTER 6.44 ENTITLED "COIN OPERATED AMUSE- MENT DEVICES REGULATED" FINANCE City Clerk Battaya read the entire title of the Ordinance aloud. M/S Teglia/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Damonte - To introduce the Ordinance. Councilman Addiego asked why the City had chose the 1% of the gross rather than a set fee. City Attorney Rogers explained that it was a State law, that you had to use a percentage rather than a set fee; and that it must remain at 1% of the gross receipts. Discussion followed regarding the exempt status of non-profit organizations. Carried by unanimous voice vote. POLICE City Clerk Battaya read the entire title of the Ordinance aloud. City Manager Birkelo explained that the proposed Ordinance would provide for enforcement within the Municipal Code for operators of coin operated amusement devices. Sargeant Petrocchi in response to Vice Mayor Teglia's inquiry stated that the reason for not allowing amusement devices within 300 feet of a public playground or public/private school was to prevent truancy and the use of lunch money for playing the machines. An in-depth discussion followed con- cerning businesses which had coin operated devices and were located 1/6/82 Page 15 POLICE 27. Staff Report 1/6/82 - Continued. (TF-648) POLICE within 300 feet of schools and play- grounds; enforcement of the licensing of the machines; restrictions on individual machines and those which apply to arcades. Councilman Addiego expressed concern that the ordinance should address the hours of operation rather than the location of the machines. Discussion ensued relative to the responsibility for enforcement of the rules governing the use of the machines with relation to the location of the devices versus the hours of operation; potential~problems as viewed from the Police Department; the need to address the possible fire hazards; etc. Margaret Warren, 790 Stonegate Drive, expressed concern regarding the num- ber of coin operated amusement devices located at the Safeway Market where she shops; and stated that the location of the machines near the entrance/exit creates a safety hazard. Vice Mayor Teglia commented on the operation of the Straw Hat Pizza Parlor which had a mini-arcade and the satisfactory manner in which it was handled. Discussion followed on the need: toaddress specifi,c:.a~eas Qf_concern within the ordinance. Vice Mayor Teglia requested that the matter be put over for a Study Session. Consensus of Council to put over for Study Session. Discussion followed concerning the type of legislation which was needed. 1/6/82 Page 16 AGENDA ACTION TAKEN POLICE 27. Staff Report 1/6/82 - Continued. ITEMS FROM STAFF 28. Airport Round Table representation policy. ITEMS FROM COUNCIL Councilman Damonte: POLICE Consensus of Council to hold a Study Session on Wednesday, January 13, 1982, at 6:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco for the purpose of a field trip to visit estab- lishments with coin operated amusement devices. ITEMS FROM STAFF City Manager Birkelo explained that a letter had been received from the Chairman of the Board of Supervisors requesting clarification of the City's representative to the Round Table. Vice Mayor Teglia explained that the City had previously designated that she be the representative for South San Francisco and that Councilman Acosta and Mayor Nicolopulos as alternates. She requested that the Board of Su'pervisors be notified as to the City's representatives. ITEMS FROM COUNCIL Requested that the Air Quality Control Management District~be advised of the City's support of SB 33. Requested direction regarding the forthcoming meeting with the Colma Creek Flood Control District con- cerning the $2,600,000 which the City of South San Francisco loaned to the County of San Mateo for the reconstruction of Colma Creek. He explained the alternatives available: 1) Defer payment from 1982 to 1992 and collect interest; 2) Take payment of $350,000 each year and put it ~in a special fund in the event the ~County needs the funds. Discussion followed relative to the amount of interest to be received if the money was deferred; the control of the funds; possibility of suits as the result of the recent flood; 1/6/82 Page 17 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilman Damonte: Vice Mayor Teglia: ITEMS FROM COUNCIL the actions which Daly City and San Bruno were considering, etc. Director of Public Services Yee stated that the only benefit the City would derive by deferring payment at this time would be if Daly City was to not defer then the City would have greater control of the money, thus being able to dictate which projects to pursue and when. An in-depth discussion followed concerning the District's pri- orities with respect to the completion of the repair of the creek. Consensus of Council that the City should request other cities within the District to defer payment at this time and that the City would also defer. Stated that a letter had been received from the Historical Society dated 11/9/81 concerning the City's 75th anniversary on 9/9/83 and noted the fact that on the City's 50th anniversary the Post Office had issued a special cancellation to commemorate the occasion; she indicated that the Historical Society would like to see this happen again and stated that it was not within their sphere of operation to undertake this task and suggested that either the City or the Chamber of Commerce could proceed. She stated that the cost was estimated at $150. She further stated that correspondence had been received from the Postmaster con- cerning this matter. Consensus of Council to proceed. Requested a report from the POlice Department and Engineering Division regarding the shower in the Police jail facility be submitted to Council. 1/6/82 Page 18 AG E N DA A CT I O N TAKEN S~)g ITEMS FROM COUNCIL Councilman Addiego: Mayo~ Nicolopulos: CLOSED SESSION: RECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITTED, {Barbara A/~Bat~:aya, Cit~ City of South San Francisco ITEMS FROM COUNCIL Commented on a traffic situation which had been brought to his attention by a resident of Avalon Park, stating that the traffic in the area of Avalon Drive, along the Dean project, the traffic moving east and west along there and onto and off of the freeway was un- controllable. Discussion followed concerning the installation of stop signs at the intersection. Requested reports from Council committee members at the next regular meeting. Council adjourned to a Closed Session at 12:28 a.m. The meeting was recalled to order at 12:58 a.m., all Council present, no action taken. M/S Accsta/Damonte - That the meeting be adjourned to Thursday, January 7, 1982, at 5:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California. Carried by unanimous voice vote. The meeting was adjourned at l:O0 a.m. APPROVED: fG~u§ Nicolo~ulos, May6r 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. 1/6/82 Page lg