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HomeMy WebLinkAboutMinutes 1982-09-01Mayor Roberta Cerri Teglia Vice Mayor Mark N. Addiego Council: Ronald G. Acosta Emanuele N. Damonte Gus Nicolopulos MINUTES City Council Municipal Services Building Community Room September 1, 1982 AGENDA CALL TO ORDER: (Cassette l) PLEDGE OF ALLEGIANCE INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Removal of Item #15 from Agenda. - That the meeting be adjourned to 9/8/82 at 7:00 p.m., in the Community Room of the Municipal Services Building to consider bids for the Junipero Serra Slope Repair Project. - Remove Item #12 from Consent Calendar for discussion. Mayor Teglia requested: - Add a report of meeting with parishes regarding large fund raising events as Item 16a. ORAL COMMUNICATIONS ACTION TAKEN 7:40 p.m. Mayor Teglia presiding. Council present: Nicolopulos, Addiego, Damonte and Teglia. Council absent: AcoSta Recited. The invocation was given by Reverend A1Vickner of the Antioch Fellowship Church. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Mr. James Stowe, Western TV Cable representative, presented a status report on the rebuilding of the cable system. Mayor Teglia stated that those persons who felt dissatisfied with cable service shoul!d contact Mr. Stowe at Western TV Cable reporting problems with the service. 9/1/82 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS ORAL COMMUNICATIONS Mrs. Pat Martinson, 1288 Morningside Avenue, expressed concern regarding the 15 year lease recently granted by Holy Cross Cemetery to an excavat- ing company to remove sand. She spoke of the existing erosion problems in the area; the level of noise which would be caused by the excavation; and requested that the matter be researched to determine the effect on the City. CONSENT CALENDAR CONSENT CALENDAR e Minutes of the Regular Meeting of 6/16/82 and the Regular Meeting of 7/7/82. Approved. Staff Report 9/1/82 recommending by Motion a time extension for the Gateway Center Subdivision Tentative Map (SA-81-74). Approved. Staff Report 9/1/82 recommending adoption of a Resolution authorizing the Mayor to execute an agreement with the San Mateo County Flood Control District for the dredging of that portion of Colma Creek which is within the limits of the Spruce Avenue Bridge Project: 1982 Colma Creek Dredging Project No. SD-82-2. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT ENTITLED "AGREEMENT FOR DREDGING OF COLMA CREEK IN SOUTH SAN FRANCISCO (PROJECT NO. SD-82-2) RESOLUTION NO. 105-82 Staff Report 9/1/82 recommending by Motion to authorize the Purchasing Officer/Property Manager to solicit proposals for the appraisal of the Buri Buri Fire Station No. 3. Removed from Consent Calendar for discussion by Vice Mayor Addiego. Staff Report 9/1/82 recommending adoption of a Resolution authorizing the application for grant funds for the Brentwood Park Renovation Program. 9/1/82 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 5. Staff Report 9/1/82 - Continued. A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR THE BRENTWOOD PARK RENOVATION PROGRAM Staff Report 9/1/82 recommending adoption of a Resolution approving plans and specifications and authorize the Purchasing Officer to advertise and receive sealed bids for the Effluent Pump Station Project No. WTP-82-1. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE EFFLUENT PUMP STATION PROJECT NO. WTP-8-21 Staff Report 9/1/82 recommending by Motion to set a Public Hearing date of 10/6/82 to hear the appeal of the Planning Commission's decision on 8/12/82 on V-82-261, UP-80-566 (MOD 1) by D. G. Patel relating to a motel project at 701 Airport Boulevard. Staff Report 9/1/82 recommending by Motion to award the bid for Custodial Paper Supplies to Blake, Moffitt and Towne in the amount of $11,389.16. o Staff Report 9/1/82 recommending by Motion to award the bid for services for heating ventilation and air con- ditioning to C. S. Hardeman, Inc. 10. Staff Report 9/1/82 recommending: a) adoption of a Resolution of Intention to vacate a portion of the southwest side of Airport Boulevard adjacent to and northwest of the South Pacific Railroad right-of-way. CONSENT CALENDAR RESOLUTION NO, 106-82 RESOLUTION NO~ 107-82 Public Hearing set for 10/6/82. Approved.. Removed from Consent Calendar for discussion by Mayor Teglia. 9/1/82 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR 10. Staff Report 9/1/82 - Continued. a)' Continued. A RESOLUTION OF INTENTION TO VACATE A PORTION OF THE SOUTHWEST SIDE OF AIRPORT BOULEVARD b) Set 10/6/82 as a Public Hearing to consider the proposed abandon- ment. 11. Staff Report 9/1/82 recommending by Motion to authorize the Purchasing Officer to advertise for bids for three police motorcycles. 12. Staff Report 9/1/82 recommending by Motion to set 9/15/82 as a Public Hearing to consider and certify EIR/EA and approval of Section lO,a) permit and Memorandum of Understanding and an Agreement re- lating to the Habitat Conservation Plan for San Bruno Mountain. Staff Report 9/1/82 recommending by Motion to authorize the Purchasing Officer/Property Manager to solicit proposals for the appraisal of the Buri Buri Fire Station No. 3. CONSENT CALENDAR Removed from Consent Calendar for discussion by Councilman Nicolopulos. Approved. Removed from Consent Calendar for discussion by Mayor Teglia. M/S Addiego/Damonte - Consent Calendar be approved with the exception of Items No. 4, 9, 10 and 12. Carried by unanimous voice vote. Vice Mayor Addiego asked if the City was going to go through a formal appraisal process in appraising the value of the Fire Station. City Manager Birkelo stated that the City would go through the formal appraisal process in order to be assured that the City would receive fair market value for the property. Mayor Teglia requested that a report be submitted to Council outlining the City's options, and indicating what steps Council could take to insure flexibility in this matter. 9/1/82 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR e Staff Report 9/1/82 recommending by Motion to award the bid for services for heating ventilation and air conditioning to C. S. Hardeman, Inc. 10. Staff Report 9/1/82 recommending: a) adoption of a Resolution of Intention to vacate a portion of the southwest side of Airport Boulevard adjacent to and northwest of the Southern Pacific Railroad right-of-way. A RESOLUTION OF INTENTION TO VACATE A PORTION OF THE SOUTHWEST SIDE OF AIRPORT BOULEVARD b) Set 10/6/82 as a Public Hearing to consider the proposed abandon- ment. CONSENT CALENDAR Mayor Teglia requested that a report on the present heating ventilation air conditioning system be presented to Council during budget sessions. City Manager Birkelo stated that a report would be presented during the budget hearings, and explained that the bid under consideration was for the annual maintenance of the present system. Councilman Nicolopulos questioned the size of the area to be abandoned and the ownership. Acting Director of Public Services Wong estimated that the property was approximately one quarter of an acre in size and stated that the City had acquired the property from the State after relinquishment of Airport Boulevard to the City for maintenance. He explained that the Title Report indicated that the State owned the property, however, the City had documentation which indicated City responsibility for Airport Boulevard. City Manager Birkelo stated, "when it was formerly the State highway and when the Freeway re- placed it, the State relinquished the maintenance requirements to the City." City Attorney Rogers stated that the Title to the property would be difficult to define since transactions related to the subject property spanned over a hundred years and that there were occasions when documents were not recorded. Discussion followed regarding the possibility of potential litgation. 9/1/82 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR lC. Staff Report 9/1/82 - Continued. 12. Staff Report 9/1/82 recommending by Motion to set 9/15/82 as a Hearing date to consider the approval of a Memorandum of Understanding and Agreement with respect to the San Bruno Mountain Habitat Conservation Plan and will consider whether or not the City will become a co-applicant for an Endangered Species Act, Section lO(a), Permit. APPROVAL OF BILLS 13. Approval of the Regular Bills of 9/1/82. CITY ATTORNEY 14. Staff Report 9/1/82 recommmending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance. CONSENT CALENDAR RESOLUTION NO. 108-82 M/S Addiego/Nicolopulos - To approve Items No. 4, 9 and lC. Carried by unanimous voice vote. City Clerk Battaya stated that a new Staff Report had been sub- mitted by the Department of Community Development for consideration in place of the Staff Report in Council's packet. Director of Community Development Dell'Angela commented that the initial Staff recommendation had indicated that a Hearing was to be held for consideration and certi~fiCation of and EIR/EA for the Habitat Conservation Plan and indicated that the City was not required to have a hearing on this matter. He stated that the hearing would provide clarification for those persons who were concerned with the development of the San Bruno Mountain. He stated that the County of San Hateo would certify the EIR and the City would accept and utilize the EIR for information purposes. M/S Addiego/Damonte - To set a Hearing date. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/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. CITY ATTORNEY 9/l/82 Page 6 AGENDA ACTION TAKEN CITY ATTORNEY 14. Staff Report 9/1/82 - Continued. 2nd Reading/AdoPtion AN ORDINANCE ADDING SECTION 6.16.047, REPEALING SECTION 6.16.180 AND AMEND- ING SECTIONS 6.04.180 AND 6.12.140 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND REPEALING SECTIONS 4.21, 4.21.1 AND 4.21.2 AND AMENDING SECTIONS 2.15 AND 3.12 OF ORDINANCE NO. 720 OFFICIALLY KNOW AS "THE SOUTH SAN FRANCISCO BUSINESS LICENSE ORDINANCE" CITY ATTORNEY iCity Clerk Battaya read the title of the Ordinance in its entirety. iMayor Teglia commented on the letter which had been received from Air-Sea Forwarders, Inc., concerning opposition to the ]proposed Ordinance and read the .letter into the record. A copy of the letter is attached on the following page. iMayor Teglia stated that she had been contacted by George Napier, Attorney at Law, represent- ative of the J. W. Wil!liams Company, owner of the Southwood Shopping Center, in response to a letter ~received from the South San Francisco Chamber of Commerce alerting businesses to the iproposed Ordinance. Mayor Teglia .stated that Mr. Napier had expressed concern over the possible affect iof the Ordinance on shopping center .parking spaces and had indicated the Company's general opposition to the adoption of the Ordinance. Mayor Teglia said that she had advised Mr. Napier "that it was not the intent or the case." Mayor Teglia indicated that she had met with Mr. Chavez of the Parking Company of America and Mr. Bloom of Park 'N Fly to discuss the proposed Ordinance. She stated that their position had been that the tax was unfair in that the City had selected one industry and two in- dividual operations within the City to tax. Mayor Teglia spoke further of the suggestions which had been voiced during the meeting. Mr. William "Skip" MacDonald, 1225 Edgewood Way, expressed concern over the possible inter- pretation of future Councilmembers of the original intent of the pro- posed Ordinance. 9/1/82 Page 7 PHOfiE: ,4!5) 871.4400 · CABLES: "~IBSHIP" · ]~LgX: ~4-9448 140 BEACOH STREF[, SOUUt ~ FRANCISCO, CALIFO2NIA 94080 To the Honorable Mayor Rober ta Teg!ia CITY OF SOUTH S,:~{ F~-NCISCO P. O. Box 711 SOUTH SZ~{ FRANCISCO~ CA. 94080 .iugust 30, 1982 Madam Mayor; i.Te are informed of amendments and addendums to Ordinance No. 720 approved by your City Council during its August lSth session. Please be advised that our feelings and our opinion about this matter coincide ~,.rith that concluded by an ad-hoe co:~.raittee made up of Chamber Board members in session on August 24th, 1982. Very truly yours, ~I!,-S~A FORLL~ ~E.~'~8~ INC. Har Leuenberg' ' "~r ~ Vice-President. CC: SO. S.F. Chamber of Commerce. G~,~ GENEEA~ nFFICE$. I45 03 JAMAICA 2375 AIR LANE TELEX: 69 HO:;SIOq TEXAS GV[RSEAS OFFICES LON$O~; · PA~iS · [OKYO REPRESENfA!~,'[S ~, DP~;C:PAL W0fl[~ CIIIES-!ATA ACE,';TS- FMC NO 903 CAI! NO 109 & :2 9/1/82 Page 7a AGENDA CITY ATTORNEY 14. Staff Report 9/1/82 - Continued. ACTION TAKEN CITY ATTORNEY Mr. MacDonald respectfully requested that Council consider the options available for increasing revenues and refrain from adopting the proposed Ordinance. City Attorney Rogers stated, "that a commercial parking facility was essentially a business that provides parking or storage for motor vehicles, trailers, other means of conveyance of people or property for any form of consideration. It might appear on its face to be a broad category but it is limited to privately owned facilities or operated facilities for that purpose; so therefore it eliminates all the parking district and public parking type things. When you~ determing what tax someone will pay for a business in this City, they have to come into the Finance Office to get a determination of what kind of business they are doing. Naturally if another category fit better than commercial parking facility, it would be applied. For instance, the business of renting residential property, whatever the business license tax would be on that would be applicable to someone who may charge $15 a month .for a garage incident to renting a apartment - rather than a commercial parking facility tax. That is basically the way it works." Mr. Les Davis, 375 Dorado Way, representative of the South San Francisco Chamber of Commerce, respectfully requested that the adoption of the proposed tax increase be forestalled in order that the business community may meet with Council to work out an equitable solution as had been done with prior Councils. City Manager Birkelo commented on the amount of revenues the City would be receiving from the proposed tax and the approach which was being taken by the City to balance its budget. 9/1/82 Page 8 AGENDA ACTION TAKEN CITY ATTORNEY 14. Staff Report 9/1/82 - Continued. CITY ATTORNEY Discussion followed regarding other means of increasing City revenues and the concerns involving the use of reserve funds. Mr. A. Palladino, 955 E1 Camino Real, President of the South San Francisco Chamber of Commerce, stated that the Chamber of Commerce was opposed to the gross receipts tax for the following reasons: "1) We feel that the Council acted too hastily in its decision to adopt this Ordinance without affording sufficient time for all concerned parties to effectively study and analyze the full effect of such an Ordinance; 2) The Chamber feels that the Ordinance as it is presently written could effect all businesses in South San Francisco; 3) Although the Supreme Court narrowly ruled by a three to two vote that such a tax can legally be assessed without the required two-third voter approval, we believe that the Supreme Court ruling boils down to an interpretation of the term 'special tax.' The intent of Proposition 13 implied that any new tax, whether you give it a special n~ame should have two-thirds voter approval~ We therefore pro- pose the following action. That the Council vote to adopt the Ordinance be delayed for a~period of at least 90 days which would allow sufficient time for all parties who are affected to review the complete effect of the ordinance and to offer constructive comments and/or alternatives. Or that this measure be put before the voters as it was originally planned." Mr. John Penna, 435 Grand Avenue, representative of the South San Francisco Chamber of Commerce, expressed concern that the proposed Ordinance infringed on Proposition 13 and of the potential encompassment of taxing small businesses which provided parking facilities for 9/1/82 Page 9 AGENDA CITY ATTORNEY 14. Staff Report 9/1/82 - Continued. ACTION TAKEN CITY ATTORNEY their customers and apartment houses which rented parking spaces for a fee. Mayor Teglia stated that the proposed Ordinance did not apply to apartment house owners. Mr. Thomas E. Buttimer, 271 Harbor Way, expressed concern with the wording contained in the proposed Ordinance pertinent to the definition of a commercial parking facility. Discussion followed regarding the number of commercial parking facilities within the City; and the probability of increased numbers in the future. Mr. Buttimer expressed concern that the proposed Ordinance would allow the City to review the books of those businesses which would be required to pay the new tax. Director of Finance Lipton explained that the City's current Business License Ordinance §ave the authority to the Director of Finance to inspect the books of those businesses which have a license in the City. Mr. Les Kelting, 2791Crestmoor Drive, San Bruno, spoke of the effects of imposing a tax without receiving a two-thirds vote of the people. He stated that he had been 'a proponent of Proposition 13 and commented on the intent of the law with respect to increased taxat~on. Mr. Kelting requested that Council reconsider the imposing of the proposed tax on the'5mposition of 13 which was a constitutional amendment requiring a two-thirds vote of the people for any additional taxes other than property taxes." 9/1/82 Page 10 AGENDA CITY ATTORNEY 14. Staff Report 9/1/82 - Continued. ACTION TAKEN CITY ATTORNEY Vice Mayor Addiego commented on his support of Proposition 13 and indicated that it was based on the philosophy that nobody would lose their homes, and stated that it had not been his intention to support the efforts of Government at different levels to be prevented from serving the citizens and taking care of their needs. Mr. Martin Bloom, St. Louis,'Missouri, owner of Park 'N Fly, expressed concern over the proposed Ordinance and the taxing of two businesses within a community in which 2200 businesses were located. He spoke of historical events spanning over 200 years which were related to over taxation of the people. Mr. Bloom spoke of the gratification he had received as the result of the support expressed by other business leaders in the community. Mr. Bloom asked, "that the City Council exercise the fairness the Chamber has asked them to and that I am asking you to." Mr. Tim Chavez, 160 Produce Avenue, Parking Company of America representative, spoke of the amount of taxes which were paid by the Company for the past 4 years and commented on the costs of operating the business and maintaining a payroll for 25 permanent and part- time persons. Mr. Chavez stated his strong opposition to the proposed tax and indicated that he would not be able to afford any further taxation without jeopardizing the operation of the Company. Mr. Chavez requested that a waiting period of one year be considered to study the aspects of an equitable tax among all businesses. Mayor Teglia reiterated her prior statements regarding the procedure which had been taken by the City in order to place this matter before the people on the ballot. 9/1/82 Page 11 AGENDA ACTION TAKEN CITY ATTORNEY 14. Staff Report 9/1/82 - Continued. RECESS: RECALL TO ORDER: CITY MANAGER 15. Staff Report 9/1/82 recommending adoption of a Resolution approving an agreement between the County of San Mateo and J-Park for the pro- cessing of parking citations. A RESOLUTION APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF SAN MATE AND J-PARK FOR PROCESS- ING PARKING CITATIONS COMMUNITY DEVELOPMENT 16. Staff Report 9/1/82 recommending: l) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance. CITY ATTORNEY An in-depth discussion followed regarding the issue that most persons using the parking facilities were not residents of South San Francisco. Mr. Bloom stated his concern that the proposed taxation of two facilities within a City of many businesses was not equitable; and commented that the tax should encompass all businesses within the City's jurisdiction. M/S Damonte/Addiego - To waive further reading of the Ordinance. Carried by unanimous roll call vote. M/S Addiego/Damonte - To adopt the Ordinance. iORDINANCE NO. 904-82 iCarried by unanimous roll call vote. Mayor Teglia declared a recess at 9:08 p.m. Mayor Teglia recalled the meeting to order at 9:33 p.m., all Council present. CITY MANAGER .Removed from the Agenda by the City Manager. COMMUNITY DEVELOPMENT City Clerk Battaya read the title of the Ordinance in its entirety. Page 12 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 16. Staff Report 911/82 - Continued. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 20.80.150 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 6.51 OF ORDINANCE NO. 353 ENTITLED "ZONING ORDINANCE OFTHE CITY OF SOUTH SAN FRANC I SOO" ~ . ,~ _~ PUBLIC SERVICES 17. Staff Report 9/1/82 recommending adoption of a Resolution authorizing the acceptance of Gateway Center Subdivision Final Map, and to authorize recordation of same and related matters. A RESOLUTION APPROVING THE FINAL SUBDIVISION MAP ENTITLED "FINAL MAP GATEWAY CENTER (SA-81-74) AND AUTHORIZING RELATED ACTS COMMUNITY DEVELOMENT M/S Damonte/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Addiego - To adopt the Ordinance. ORDINANCE NO. 905-82 Carried by unanimous roll call vote. PUBLIC SERVICES City Manager Birkelo stated that a question had arisen regarding the acceptance of the connector road upon approval of the map. He stated that approval of the map did not guarantee approval of the road. City Manager Birkelo commented that the signature page of the agreement had been sent to Chicago for signatures and was presently in transit to the City. He stated that the proposed Resolution should reflect "subject to the presentation of the requisite signatures." City Attorney Rogers stated that there were changes to be made in the wording of the proposed Resolution as follows: 1) Page 1, 1st paragraph, 6th line - August 25, 1982; 2) Page 2, 2nd paragraph, 1st line - Whereas, the developer has prepared a First Amendment of the above-mentioned declaration (hereinafter First Amendment), which amendment is attached hereto as Exhibit "A" and Whereas, all necessary signatures have not been placed on the title page of said Final Map, but all necessary signatories thereto have indicated approval of the Final Map and willingness to sign it; 3) Page 2, 3rd paragraph, 2nd line - August 25, 1982, is hereby approved, subject to the condition that prior to recordation the developer shall obtain all necessary signatures on the title paqe of said Final Map; 4) Page 2, 5~h paragraph 9/1/822 Page ! AGENDA ACTION TAKEN PUBLIC SERVICES 17. Staff Report 9/1/82 - Continued. ITEMS FROM COUNCIL 16a) Report of meeting with parishes regarding large fund raising events. Vice Mayor Addiego: ITEMS FROM STAFF 18. Request for a Closed Session for the discussion of labor relations and potential litigation. PUBLIC SERVICES 4th line - and with the First Amendment; 5) Page 2, 6th paragraph, line 2 - and a copy of the First Amendment. M/S Damonte/Addiego- To adopt the Resolution with changes. RESOLUTION NO. 109-82 Carried by unanimous roll call vote. Mr. John Aquillar, Homart Development Company, spoke of the significance of the projected development and expressed appreciation for the efforts of the City's Staff in connection with the project. ITEMS FROM COUNCIL Mayor Teglia presented a report from the meeting with members of four parishes in the community concerning problems related to City regulations as applied to large fund raising events. She requested that the Police Department and City Attorney's office be directed to address the concerns in a timely manner and present a report to Council when work is completed. Consensus 'of Council to direct Police Department and City Attorney's office to proceed. Inquired if there had been a response to a letter sent to Mayor Feinstein regarding bonds. Stated that he would have ~ item relating to personnel during the Closed Session. ITEMS FROM STAFF Council adjourned to a Closed Session at 9:48 p.m., to discuss labor relations, personnel matters and potential litigation. 9/1/82 Page 14 AGENDA ACTION TAKEN ITEMS FROM STAFF 18. Request for a Closed Session - Continued. RECALL TO ORDER: ADJOURNMENT RESPECTFULLY SUBMITTED, ara A. Ba~taya, C~ty Ct~er~ City of South San Francisco ITEMS FROM STAFF The meeting was recalled to order at 10:50 p.m., all Council present, no action taken. M/S Damonte/Nicolopulos - That the meeting be adjourned to 9/8/82 at 7:00 p.m., in the Municipal Services Building, Community Room, 33 Arroyo, Drive, South San Francisco, California. Carried by unanimous voice vote. The meeting was adjourned at lO:51 p.m. APPROVED: "l~Werta Cerri Tegl ia, ~ M~r 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. 9/1/82 Page 15