HomeMy WebLinkAboutMinutes 1982-07-07Mayor Roberta Cerri Teglia
Vice Mayor Mark N. Addiego
Counci 1:
Ronald G. Acosta
Emanuele N. Damonte
Gus Nicolopulos
AGENDA
CALL TO ORDER: (Cassette l)
Councilman Acosta arrived:
PLEDGE OF ALLEGIANCE
INVOCATION:
AGENDA REVIEW
City Manager Birkelo stated there
were no items to add to the Agenda.
Councilman Acosta:
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
July 7, 1982
ACTION TAKEN
7:44 p.m. Mayor Teglia presiding.
Council present: Nicolopulos, Addiego
and Teglia.
Council absent: Acosta and Damonte.
Councilman Acosta arrived at 7:45 p.m.
Recited.
The invocation was given by Reverend
Lynn Bowdish of St. Elizabeth Episcopal
Church.
AGENDA REVIEW
Asked that Dominguez Associates,
SA-79-53, RPD-79-8, be added under
Items from Council for a waiver of
the requirement on the Tentative Map
for a grading permit. He stated that
the imposed condition placed financial
restraints on Mr. Dominguez and wanted
the Council to waive the requirement
and allow the City Engineer to issue
the grading permit.
Director of Public Services,Yee stated
that the grading permit would not be
issued until the Final Map was approved
by Council, which would probably be
the second meeting in Ju~y. He said
that he was aware that Mr. Dominguez
was concerned about the weather and
the time elements.
Councilman Addie9o stated that the
conditions had been placed on
Mr. Dominguez on November 13, 1980
and that the Planning Commission
would rule on the grading permit
within fifteen days. He questioned
7/7/82
Page 1
AGENDA ACTION TAKEN
AGENDA REVIEW
Councilman Acosta - Cont.
City Manager Birkelo requested:
- A Closed Session for litigation.
ORAL COMMUNICATIONS
CONSENT CALENDAR
Minutes of the Special Meeting of
4/21/82, Regular Meeting of 4/21/82,
Adjourned Regular Meeting of 4/28/82,
Adjourned Regular Meeting of 5/4/82,
Regular Meeting of 5/5/82, Adjourned
Regular Meeting of 5/6/82, Adjourned
Regular Meeting of 5/11/82, Special
Meeting of 5/12/82, Special Meeting
of 5/18/82.
Staff Report 7/7/82 recommending by
Motion to deny and refer the follow-
ing claims to the City's Insurance
Adjuster and to the Office of the
City Attorney:
a) Claim as filed by Gerlad J. Stick
on behalf of Don & Jerry's Auto-
motive, alleging damages to their
tow truck caused by the parking
garage gate at 33 Arroyo Drive.
AGENDA REVIEW
why Mr. Dominguez was only now concerned
about hardships.
Discussion followed on the degree of
financial hardship; whether a Council
action would merely be an administerial
act; the fact that the City Attorney
had yet to review the DCRs and
certain plan deficiencies; the fact
that it required four votes to put
the item on the Agenda and Addiego
voted no.
So ordered.
ORAL COMMUNICATIONS
Ms. Jan Martin, 3739 Radburn Dr.,
requested a status report on the
investigation of fire alarms in
Westborough.
City Manager Birkelo stated that the
investigation was not complete, however
it should be complete within two weeks.
Mayor Teglia asked that the item be
on the next regular meeting.
CONSENT CALENDAR
Approved.
7/7/82
Page 2
AGENDA
ACTION TAKEN
CONSENT CALENDAR
2. Staff Report 7/7/82 - Continued.
b) Claim as filed by Willie H.
Johnson, alleging loss of cash
when arrested by the South San
Francisco Police.
c) Claim as filed by Jeffrey H.
Nurik, Atty. at Law, on behalf
of Karsten Gryziec, alleging
personal injuries sustained at
a Varsity baseball game at E1
Camino High School.
e
Staff Report 7/7/82 recommending by
Motion to set 7/21/82 as a Public
Hearing to consider the Report of
Sewer Rental Charges for 1982-83
in accordance with Ordinance
No. 396, as amended.
Staff Report 7/7/82 recommending by
Motion to set a hearing date of
8/4/82 to consider the appeal by
Louis Poletti of the Planning
Commission's decision to deny
Negative Declaration No. 359
relating to grading and filling
of property located northerly of
the terminus of Blondin Way and
westerly of Alida Way.
Staff Report 7/7/82 recommending by
Motion to award the bid for the
Quarterly Leisure Activities Brochures
to Alonzo Printing Co. in the amount
of $11,263.26.
Staff Report 7/7/82 recommending by
Motion to accept the 1981-82 Street
Resurfacing Program, Phase II
Project No. ST-81-1A as complete in
accordance with the approved plans
and specifications.
Adoption of a Resolution for
Richard Williams upon his retirement
of 5/20/82 from the Fire Department.
A RESOLUTION COMMENDING RICHARD
WILLIAMS.
CONSENT CALENDAR
So ordered.
Removed from the Consent Calendar
for discussion by Mayor Teglia.
So ordered.
So ordered.
So ordered.
Removed from the Consent Calendar
for discussion by Mayor Teglia.
7/7/82
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
8e
Adoption of a Resolution for Albert P.
Jones upon his retirement of 7/5/82
from the Fire Department.
A RESOLUTION COMMENDING ALBERT P.
JONES
e
Staff Report 7/7/82 recommending by
Motion to set 7/21/82 as a Public
Hearing to consider the Report of
Sewer Rental Charges for 1982-83
in accordance with Ordinance
No. 396, as amended.
Adoption of a Resolution for
Richard Williams upon his retirement
of 5/20/82 from the Fire Department.
A RESOLUTION COMMENDING RICHARD
WILLIAMS
Be
Adoption of a Resolution for Albert P.
Jones upon his retirement of 7/5/82
from the Fire Department.
A RESOLUTION COMMENDING ALBERT P.
JONES
APPROVAL OF BILLS
9. Approval of the Regular Bills of
7/7/82.
CONSENT CALENDAR
Removed from the Consent Calendar
for discussion by Mayor Teglia.
M/S Acosta/Addiego - Consent Calendar
be approved except Items 3, 7 and 8.
Carried by unanimous voice vote.
Mayor Teglia questioned whether the
sewer rates were going to be increased.
Director of Public Services Yee stated
that the fees would not be increased.
M/S Acosta/Addiego - To set 7/21/82 as
a Public Hearing date.
Carried by unanimous voice vote.
Mayor Teglia read the Resolution into
the record.
M/S Acosta/Addiego - To adopt the
Resolution.
RESOLUTION NO. 68-82
Carried by unanimous voice vote.
Mayor Teglia read the Resolution into
the record.
M/S Acosta/Addiego - To adopt the
Resolution.
RESOLUTION NO. 69-82
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Acosta/Nicolopulos - To approve
the Regular Bills.
Carried by unanimous voice vote.
Councilman Addiego did not participate
or vote in the matter of the claim of
Brentwood Market.
7/7/82
Page 4
AGENDA ACTION TAKEN
CITY CLERK
10.
Staff Report 7/7/82 recommending
adoption of a Resolution ordering
and calling a Special Municipal
Election to be held on 11/2/82 in
consolidation with the General
Election in order to submit a
ballot measure to the voters of
the City of South San Francisco
taxing the business of operating
a commercial parking facility.
A RESOLUTION ORDERING AND CALLING
A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 2, 1982 FOR THE
PURPOSE OF SUBMITTING TO THE VOTERS
A CITY MEASURE TAXING THE BUSINESS
OF OPERATING A COMMERCIAL PARKING
FACILITY AND REQUESTING A CONSOL-
IDATION WITH THE GENERAL ELECTION
TO BE HELD ON THE SAME DATE
CITY CLERK
City Clerk Battaya requested that any
questions be directed to the City
Manager as he had done the background
material for the measure.
City Manager Birkelo stated that this
prospective tax had been discussed
along with others before Proposition
No. 13 had been passed as revenue
raising measures considered at that
time but not implemented prior to
the effective date. He spoke in
detail of the restrictions placed
on City revenues and the various
alternatives, i.e., adjusting fees,
looking at other sources, etc. He
stated that this tax for commercial
parking facilities appeared to be
the most logical measure to place
on the ballot for the November Election.
Mayor Teglia stated that the Staff
Report indicated that this would mean
additional revenue to the General Fund
of approximately $190,000 per year.
City Manager Birkelo stated that that
figure was based upon a 94% occupancy.
David M. Van Atta, Esq., Park & Fly,
related that he had just learned that
this matter was going before the City
Council on the previous evening. He
stated that he understood that through
State Legislative action most cities
in the State were feeling financial
surprises which depleted revenues.
He stated that he realized that the
City was in need of revenue, however
he was concerned that a gross receipts
tax such as this which was solely
limited to parking facilities violated
the equal protection clause of the
XIV Amendment. He questioned whether
or not there is a logical, definite
specification for this type of
facility being called out versus any
other type of commercial facility
within the City. He stated that a
7/7/82
Page 5
AGENDA ACTION TAKEN
CITY CLERK
lO. Staff Report - Continued.
CITY CLERK
taxing authority and taxing responsi-
bility related directly to the
Constitution. He was concerned that the
City was singling out parking facilities,
of which there are two, and imposing a
gross receipts tax which would create
substantional difficulties because, the
8% tax could not be passed on to the
consumer and would be a competitive
disadvantage. He stated that thiS
revenue measure would take one-half off
of the bottom line of the operation
and jeopardize the operation as an
operation in the community and casts
doubts as to the business existing
with the loss of revenue. He stated
that this type of parking facility
was an integral part of the Airport
and was the chain of inter-state
commerce for passengers involved in
the aviation business. He continued,
that this was a tax being proposed to
be placed on people who park their
vehicles in South San Francisco in
order to utilize the Airport - rather
than a tax proposed for all citizens
of South San Francisco. He stated
that he questioned the fairness and
the legality of a measure taxing
people who did not have a vote or
voice in the determination of the tax.
Mayor Teglia asked the City Attorney
to address some of the legal issues,
such as the XIV Amendment and the one
dealing with inter-state commerce.
City Attorney Rogers stated that the
equal protection argument was that,
"we need not discriminate against
certain types of businesses that are
similar in nature." He explained that
a certain type of business had been
called out, which the City had the
power to classify businesses based upon
the type of business for purposes of
taxing, and all that was being defined in
the Ordinance is a commercial parking
facility to add a class to the business
license section for taxation. He
stated that with respect to inter-state
commerce there must be a substantial
7/7/82
Page 6
AG E N D A A C T I O N TAKEN BO8
CITY CLERK
lO. Staff Report - Continued.
CITY CLERK
burden on inter-state commerce for the
City to be in violation of that pro-
vision of the Constitution - that must
be a direct and substantial burden as
well. He stated that it would be a
difficult level of proof to show that
the City was a burden on that - if
there was a burden, if would be an
indirect burden in this case. He
explained in-depth various law cases
where burdens had been found, i.e.,
where a special tax on railroad cars
going through a state or a truck in
relation to the highways that did not
relate to trucks within the state, etc.
He stated that he did not believe
that the City was in violation of the
rules in the imposition of the tax.
Discussion followed on competitive
disadvantages to the parking facilities
vs. the operations at the Airport;
the fact that the City of Millbrae
charges 5% to the parking facilities, etc.
Councilman Acosta stated that he had
received a telephone call from Martin
Bloom expressing concerns about the
measure to be placed on the ballot
and asking if the Council would put
the matter over to enable him to obtain
counsel to represent the parking facili-
ties concerns. He stated that Mr. Van
Atta had expressed Mr. Bloom's concerns,
however he felt that if the tax was
uniform throughout the County such as
the hotel and motel taxes then the
businesses could be competitive. He
stated that if the measure received a
favorable vote from the City, then it
was possible other cities would impose
the same tax which could lead to the
same business competitiveness.
Mr. Van Atta stated that his concern
was with the Airport because he did
not believe the Airport would impose
such a tax.
Councilman Nicolopulos asked the City
Manager for the criteria that was used
to establish the parking facility tax.
7/7/82
Page 7
AGENDA ACTION TAKEN
CITY CLERK
10. Staff Report - Continued.
CITY CLERK
City Manager Birkelo stated that the
parking facilities differ from other
business categories to the extent that
the companies use expansive space in
the City and have very low assessed
valuation and/or any other revenues
to the City. He said that Staff felt
that some degree of equity could be
achieved by finding an 8%, which was
arrived at from the hotel and motel
transient tax, business license fee.
Discussion followed on the business
license tax for different types of
businesses; how other cities allow
the parking facility use until a need
arises for a revenue producing facility,
such as a hotel, and that the parking
facility then moves to another location.
Mr. Tim Chavez, Parking Co. of America,
questioned the 8% tax on gross revenue
and stated that the parking facilities
were dependent on the airlines, whose
business was down. He felt that an
8% tax was prohibited and stated that
a 5% tax rate would be more reasonable
in view of the recession the country
was facing. He spoke in detail of the
economics of his business and the hard-
ships an 8% tax would impose. He
asked that the Council consider a
waiting period before imposing this
tax and have the City do an in-depth
study on the issue.
Councilman Acosta asked the City Manager
if the City would have to impose the
full 8% if the measure was approved
by the voters.
City Attorney Rogers stated that if
the Ordinance passed an 8% tax would
be levied and that tax could not be
modified without a vote of the people.
City Manager Birkelo stated that the
tax would expire at the end of
four years.
M/S Acosta/Nicolopulos - To adopt the
Resolution.
7/7/82
Page 8
AGENDA ACTION TAKEN
CITY CLERK
10. Staff Report - Continued.
RECESS:
RECALL TO ORDER:
COMMUNITY DEVELOPMENT
11.
Public Hearing - General Plan
Amendment, PGA-82-18, Deletion of
North Spruce Avenue connection to
new Hillside Boulevard Extension.
Staff Report 7/7/82 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Approve Negative Dec-
laration No. 360; 4) Adoption of
a Resolution approving an amendment
to the Circulation Element of the
General Plan.
A RESOLUTION APPROVING GENERAL PLAN
AMENDMENT GPA-82-18 PURSUANT TO
PLANNING COMMISSION RESOLUTION NO.
2311 ADOPTED THE 10TH DAY OF JUNE,
1982
(Cassette No. 2)
CITY CLERK
RESOLUTION NO. 70-82
Carried by unanimous roll call vote.
Mayor Teglia declared a recess at
9:12 p.m.
Mayor Teglia recalled the meeting
to order at 9:33 p.m., all Council
present.
COMMUNITY DEVELOPMENT
Mayor Teglia opened the Public Hearing
and requested a staff report.
Director of Community Development
Dell'Angela stated that the recommendation
was that the connection be deleted
based upon the three findings in the
staff report and approve the Negative
Declaration No. 360. He stated that
the County was beginning work on the
design of the Hillside extension and
that the design was contingent on
whether or not the connection will or
will not be made. He stated that
Frank Castelanetto, Associate Civil
Engineer for San Mateo County, was
available to answer any questions.
Mr. Castelanetto spoke in detail
of the design for the extension of
Hillside Boulevard and the vertical
alignment to the east of Spruce and
the alternate going straight through
alignment. He also spoke of the
increased excavation and extensive
cuts in the Hillside and lowering of
the roadway and the related costs
for Spruce and why it should be
deleted.
Director of COmmunity Developm~nt-
Dell'Angela stated that 800 more cars
per day would be expected on Spruce
and that a lot of those would be
through traffic that would disrupt
the neighborhood.
Mayor Teglia invited anyone who wished
7/7/82
Page 9
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
ll. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
to speak in favor of the Amendment
to step to the dais.
Mr. Walt Shoebeck, 158 No. Spruce Ave.,
asked who was going to use this -
he said the people that live in the
Hillside area will have to use the
old Hillside. He said that he was
aginst it and wondered who it was
going to benefit - the new development.
Director of Community Development
Dell'Angela said it was an arterial
roadway that would carry traffic not
only from the development, but carry
traffic from the west end of Hillside
to the highway ramps on 101.
Mayor Teglia asked Mr. Shoebeck if
his objection was that people in the
area would have a more difficult time.
Mqy~r Teglia asked if there were any
other speakers for or against the
Amendment.
Mr. Mike Castelano, 174 No. Spruce Ave.,
stated that there was too much traffic
presently from Bayshore to Hillside
and the trucks were very noisy.
Director of Community Development
Dell'Angela stated that the proposal
was to eliminate this connection so
that there would not be a direct
connection through the neighborhood.
He stated that Mr. Castelano was
really in favor of the deletion of
the connection.
Mayor Teglia closed the Public Hearing.
M/S Acosta/Nicolopulos - to approve
Negative Declaration No. 360 based on
the three findings in the Staff Report.
Carried by unanimous voice vote.
M/S Acosta/Addiego - To adopt the
Resolution.
RESOLUTION NO. 71-82
7/7/82
Page 10
A'GENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
ll. Public Hearing - Continued.
12.
Staff Report 7/7/82 recommending by
Motion to approve the request by
Broadmoor Homes to delete the
requirement for pedestrian stairway
between Gellert Boulevard and
Appian Way, St. Francis Terrace
(Lots 3 & 4), SA-82-76/RPD-79-12,
MOD 1.
COMMUNITY DEVELOPMENT
Carried by unanimous roll call vote.
Director of Community Development
Dell'Angela stated that the applicants
had pointed out the problems with the
pedestrian stairway and had requested
the requirement be deleted. He stated
that the Department of Public Services,
Police and Fire Departments had no
objection to the deletion. He said
that the stairway on a 35% slope
would be hazardous and that there had
been no objection from the Home Owners
Association for the deletion.
Councilman Addiego stated that if the
stairway was removed if would have no
effect on public access.
Director of Community Development
Dell 'Angela stated that the Planning
Commission felt that if the City did
not have an easement through the
property then the City would not have
a legal obligation.
Mayor Teglia asked which City department
had wanted the stairway included.
Director of Community Development
Dell'Angela stated that the Engineering
Department had wanted it included.
Director of Public Services Yee stated
that the Westborough Home Owners had
been active in trying to have a park
in the area and that the stairway was
a requirement to serve the pedestrian
traffic to the park.
Discussion followed on the stairway
leading into Appian Park; loitering
problems, etc.
Mr. John Zelhoffer, Broadmoor Homes,
stated that the stairway was steep
and dangerous with a 35% slope and
long steps. He stated that there
was a second access to the park
and that for security purposes a
secured access was better.
7/7/82
Page 11
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
12. Staff Report - Continued.
FINANCE
13.
Staff Report 7/7/82 recommending
adoption of a Resolution approving
the 1981-82 appropriation limit
for the City of South San Francisco
pursuant to Article XIII B of the
California Constitution.
14.
A RESOLUTION APPROVING THE 1981-82
APPROPRIATION LIMIT FOR CITY OF
SOUTH SAN FRANCISCO PURSUANT TO
ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION ~_~
Staff Report 7/7/82 recommending
adoption of a Resolution authorizing
the expenditure of funds pending
adoption of the 1982-83 Operating
Budget and Capital Improvement
Programs Budget.
A RESOLUTION AUTHORIZING EXPEND-
ITURES AND APPROPRIATIONS PENDING
ADOPTION OF THE OPERATING BUDGET
FOR 1_9.8:2-83 ~~}
COMMUNITY DEVELOPMENT
Director of Public Services Yee
suggested that if the Council wanted a
stairway, then make the developer
conform to the slope in erecting the
s ta i rway.
Councilman Acosta asked if the Final
Map had been approved.
Director of Public Services Yee stated
that Lot 4 was not developed at this
time and that the stairway could be
put there and when the Tentative Map
went before Council it could demand
the condition of the stairway be
included.
Councilman Acosta suggested soliciting
the residents in writing to see if
there were objections to the elimin-
ation of the stairway.
Consensus of Council - To hold the
matter over to the 7/21/82 meeting
and notify the residents that the
City wanted their input.
FINANCE
M/S Acosta/Addiego - To adopt the
Resolution.
RESOLUTION NO. 72-82
Carried by unanimous roll call vote.
M/S Acosta/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 73-82
Carried by unanimous roll call vote.
7/7/82
Page 12
AGENDA ACTION TAKEN
PUBLIC SERVICES
15.
Staff Report 7/7/82 recommending
adoption of a Resolution of Intention
to make acquisitions and improvements
for the Gateway Assessment District
No. ST-82-2.
A RESOLUTION OF INTENTION TO MAKE
ACQUISITIONS AND IMPROVEMENTS THE
GATEWAY ASSESSMENT DISTRICT NO.
ST-82-2
RECESS:
PUBLIC SERVICES
Director of Public ServiCes Yee stated
that the Council had adopted Resolution
to undertake proceedings for an
Assessment District and that this
Resolution was the second step in
forming the District.
Mayor Teglia asked the Director of
Public Services what the procedure
would be to include additional properties
after the District was formed.
Director of Public Services Yee stated
that within a month he would be present-
ing the engineer's report which would
consist of all the improvements within
the Assessment District. He stated
that the Mayor's question of including
another project to the one in the
Resolution would not be possible unless
concurrence was obtained from the
petitioners, Homart and Genentech.
Councilman Acosta questioned why the
Mayor wanted to enlarge the Assessment
District.
Mayor Teglia stated that a proposal
was being reviewed that may have some
merit to benefit the area, however
the review had not been completed.
Councilman Acosta asked if there was
any way of opening or reopening the
negotiations of the Assessment District
so that it could be shared by others
that need the Assessment District.
Director of Public Services Yee stated
that the Resolution had an attachment
called Exhibit A which details all the
work within the Assessment District
and it had been scrutinized and agreed
to that that will be the scope of work.
He stated that if the Council or any
one else wants to change or add to
the scope of work as Exhibit A then
the time to do it would be now.
Mayor Teglia declared a recess at
10:45 p.m.
7/7/82
Page 13
AGENDA ACTION TAKEN
PUBLIC SERVICES
15. Staff Report - Continued.
RECALL TO ORDER:
PUBLIC SERVICES
Mayor Teglia recalled the meeting
to order at ll:O0 p.m., all Council
present.
Mr. George Homolka, Wilsey and Hamm,
stated that there were three possible
actions: 1) Approve the Resolution as
it now stands; 2) Create a new Assessment
District; 3) Include in Exhibit A, to
include the new improvement and in
addition on agreement of a renegotiated
OPA and repayment agreement. He stated
that the Resolution of Intention was
an integral part of the Bond Act.
Director of Public Services Yee stated
that if the Council chose to add this item
as part of the proposed work then the
petitioners could appeal it to the Council
and if the Council desired to delete it
at that time he believed the Council
had that option - otherwise he did not
think the option was available in
alternate 1 and 2.
City Manager Birkelo stated that he
was not sure that if the Council wanted
to amend later and start a new time
table of protest would be advantageous
and it might be better to have a separate
Assessment District.
Mr. Charles Burling, Homart Development
Co., stated that he was not comfortable
without legal counsel being present
and was wary of any amendments being
effected tonight. He suggested that
Mr. Homolka research this matter and
suggested that the Council go ahead
with alternate 1.
Councilman Acosta questioned whether
this matter could be put over to the
next Council meeting so that legal
counsel could be present for both sides.
Mr. Homolka stated that his firm would
like to see the Resolution moved forward
tonight and continue on the time table.
7/7/82
Page 14
AGENDA ACTION TAKEN ~16
PUBLIC SERVICES
PUBLIC SERVICES
15. Staff Report - Continued.
He stated that his firm was in favor
of an additional road improvement.
Councilman Nicolopulos questioned
the pluses and negatives there would
be in including the new road in the
Di stri ct.
City Manager Birkelo stated that there
~-~ was some interest in the improvement
from developers in the project. He
stated that Staff did not know enough
about the economics to make any sort
of a recommendation at this time.
Mayor Teglia stated that what Council
was doing tonight would not have a
negative effect on whether or not
that potential project will come to
fruition if it proves to be economically
sound.
M/S Addiego/Acosta - To adopt the
Resolution.
RESOLUTION NO. 74-82
Carried by unanimous roll call vote.
16. Public Hearing - Gateway Underground
Utility District No. 1.
City Clerk Battaya read the title
of the Ordinance in its entirety.
Staff Report 7/7/82 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Introduction of an
Ordinance ordering the removal of
overhead structures, wires and
facilities and installation of under-
ground wires and facilities; 4)
Motion to waive further reading of
the Ordinance; 5) Motion to
introduce the Ordinance.
1st Reading/Introduction
AN ORDINANCE ORDERING REMOVAL OF
OVERHEAD STRUCTURES, WIRES AND
FACILITIES AND INSTALLATION OF
UNDERGROUND WIRES AND FACILITIES
IN THE GATEWAY UNDERGROUND UTILITY
DISTRICT NO. 1
Mayor Teglia opened the Public Hearing.
Director of Public Services Yee stated
that this project would underground
all utility wires and facilities within
the boundaries of East Grand, Industrial
and Forbes within the Gateway Project.
He stated that it was necessary to
form an Underground Utility District
to utilize PG&E funds. He stated that
Homart's share would be 75% of the
cost and the City's share would be
25% which would be funded by PG&E
funds.
Mayor Teglia invited those wishing to
speak in favor of the Utility District
to step to the dais - no one chose to
speak.
7/7/82
Page 15
AGENDA ACTION TAKEN
PUBLIC SERVICES
16. Public Hearing - Continued.
(Cassette No. 3)
17.
Staff Report 7/7/82 recommending
by Motion to recommend to the
South San Francisco Public Fac-
ilities Corporation to accept
the Municipal Services Building,
Project No. PB-78-1 as complete
in accordance with the approved
plans and specifications, author-
ize the filing of the Notice of
Completion, make final payment
to the contractor and release
the 10% retention fee after the
30 day lien period.
PUBLIC SERVICES
Mayor Teglia invited those wishing to
speak in opposition to the Utility
District to step to the dais - no one
chose to speak.
Mayor Teglia closed the Public Hearing.
M/S Acosta/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Acosta/Addiego - To introduce
the Ordinance.
Carried by unanimous roll call vote.
Director of Public Services Yee
stated that Staff believed that the
project was complete according to the
plans and specifications.
Mayor Teglia asked for further
explanation of the base bid and the
three alternates.
Director of Public Services Yee
explained in detail the base bid and
the various alternates.
Discussion followed on whether the pistol
range was useable; the decibels; why
the Council should accept the project
and then spend $30,000 to insullate
the firing range; whether the leaks
had been repaired in the Fire Department;
possible litigation against the
architect; design deficiencies and
what the City can do about it; the
fact that funds had been withheld from
the architect; who set the decibel
levels, etc.
M/S Acosta/Nicolopulos - To approve
the contractor's work as being in
accordance with the plans and speci-
fications recognizing that the plans
and specifications were not correct.
Carried by unanimous roll call vote.
Mayor Teglia advised Staff to seek
7/7/82
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AGENDA ACTION TAKEN
PUBLIC SERVICES
17. Staff Report - Continued.
ITEMS FROM STAFF
18.
Report from the City Manager on
the Preliminary Budget for
Fiscal Year 1982-83.
19.
Discussion of the Fire Department's
Paramedic Ambulance Transport System
and the related fee schedule.
PUBLIC SERVICES
redress on the inadequacy
of the architectural plans and
specifications for the first meeting
in September.
ITEMS FROM STAFF
City Manager Birkelo spoke of the
withdrawal of State bailout revenues
and the guidelines established this
year for the budget. He stated that
there would not be staff increases
and that the materials and services
should not exceed 5%. He spoke in
detail of the $700,000 gap between
on-going revenues and expenditures
and the request to the departments
provide a 2½-6% cutback in the
department budget. He stated that
this involved four positions in the
Police Department; some manhours in
the Fire Department involving the
truck company; one planning technician,
building inspection trainee and
custodian position were eliminated
for this fiscal year. He further
stated that any employee increases
would have to be funded from the
City's reserves.
Councilman Nicolopulos expressed
concern in giving employees increases
from the reserve fund.
City Manager Birkelo stated that no
recommendations had been made for the
City Clerk and City Treasurer's office
as the Council would review the elected
officials offices. He stated that the
budget process would begin the third
week in July and continue during the
first week in August depending upon
the Council schedule.
Mr. Pat O'Brien, Paramedic Coordinator,
stated that the cost for this City's
transport system would not exceed
$158.00 per individual and that the
patients would be transported to
Kaiser, Peninsula and Mary's Help
Hospitals. He stated that the County
rate would be $450.00, however the
7/7/82
Page 17
AGENDA ACTION TAKEN
ITEMS FROM STAFF
19.
Discussion of the Fire Department's
Paramedic Ambulance Transport System
and the related fee - Continued.
20.
Consideration of the request by the
Downtown Merchants Association to
hold an Art and Wine Festival on
August 14 and 15, 1982 and to waive
permit fees; to close off Grand
Avenue from Linden Avenue to Spruce
Avenue; request for Police and
Staff assistance.
21.
Consideration of the request by the
Chamber of Commerce to erect two
banners, one at the east and one at
the west end of Grand Avenue to
advertise the quarterly blood drive.
ITEMS FROM STAFF
County would provide paramedic backup
at the City's rate for advance life
support systems. He explained the
difference between a life support
system and basic life support system.
Fire Chief Drago stated that the
difference between the $158.00 and
the $450.00 would be underwritten
by the County, otherwise if a para-
medic responded to a call and a
second call was responded to by the
County it was important that the
County pick up the difference.
He stated that it was conceivable
in a backup situation the paramedics
might even go into Brisbane as a
backup unit, in which case the
transport system would go into
San Francisco as the closest hospital.
He stated that the County was also
going to handle the billing for the
paramedic transport system and save
the City the cost of a $6,000 part-
time salary.
City Manager Birkelo stated that
Staff had been working closely with
the merchants on the festival, however
the merchants wanted the Council to
formally give permission to close
the streets; whether any costs should
be shared by the City or borne by
the merchants.
Discussion followed on the need for
six police reserves for each day of
the festival at $12.00 per hour;
City Manager was directed to talk to
Mr. Edwards in reference to cost sharing
and report to Council at the 7/21/82
meeting for a decision by Council.
Consensus of Council - The City will
install the banners if permission is
received from the Downtown Merchants
and the property owners to erect the
banners.
7/7/82
Page 18
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
GOOD AND WELFARE
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
ITEMS FROM COUNCIL
No one chose to speak.
GOOD AND WELFARE
No one chose to speak.
M/S Acosta/Addiego - To adjourn the
meeting.
Carried by unanimous voice vote.
The meeting was adjourned at 12:30 a.m.
APPROVED:
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to
dispose of an item. Oral presentations, arguments, and comments are recorded on
tape. The tape and documents related to the items are on file in the office of
the City Clerk and are available for inspection, review and copying.
7/7/82
Page 19