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HomeMy WebLinkAboutMinutes 1983-09-21Mayor Mark N. Addiego Vice Mayor Emanuele N. Damonte Council: Ronald G. Acosta Gus Nicolopulos Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room September 21, 1983 AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION AGENDA REVIEW City Manager Birkelo requested: - A Closed Session on labor rela- tions for consideration of the Memorandum of Understanding to be heard after Oral Communi- cations. - Add as Item 5c. Adoption of a Resolution designating and con- solidating precincts and appoint- ing election officers. - Carry Items 14, 15, 16 & 17 over from meeting to meeting on the Civic Center Renovation in that the Economical Development Admin- istration has not made a decision; an extension was received from the contractor to hold the price. - Type on Item #2: Paragraph E on page 4 should read "subsection b, c & e shall be extended", which has been agreed to by Mr. Avanessian. - Item 5b. should read bid open- ing 2:00 p.m. on 10/11/83. ACTION TAKEN 7:49 p.m. Mayor Addiego presiding. Council present: Council absent: Nicolopulos, Teglia, Damonte, Acosta and Addiego. None. The presentation of colors was made by Boy Scout Troop No. 296. PRESENTATION Councilwoman Mary Griffin presented a Proclamation from the Millbrae City Council to the City in honor of the City's 75th Anniversary. AGENDA REVIEW So ordered. 9/21/83 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS CLOSED SESSION: RECALL TO ORDER: CONSENT CALENDAR Staff Report 9/21/83 recommending by motion to waive the lateness of the Application to File Late Claim and deny and refer the following claims to the City's Insurance Adjuster and City Attorney. a) Appliction to File Late Claim and Claim as filed by Lawrence Pera alleging damages attributable to the South San Francisco Pol ice Department. b) Claim as filed by William Higgins, Esq., on behalf of Jose Aburto alleging damages attribu- table to members of the South San Francisco Police Department. c) Claim as filed by George F. Camerlengo, Attorney at Law, on behalf of Augustine Amavisca alleging injuries from a Police canine. ORAL COMMUNICATIONS Mrs. Margaret Warren, 790 Stonegate Dr., stated that her employer on Forbes Blvd. was requesting 30 claim forms from the City for damages to cars on East Grand Ave. from failure of the contractor to maintain a reasonable roadway. She stated that there were deep rut areas created by the contractor that caused the bottoms of cars to be scraped and tires to drop into the ruts. She stated that the City had a responsibility to the indust- rial area to maintain a decent roadway during the on-going construction of East Grand Ave. Councilwoman Teglia stated that on 10/18/83 there would be a dinner dance at the Peninsula Social Club in honor of Columbus Day and that tickets could be obtained from Mr. Bertini and Mr. Modena. Council adjourned to a Closed Session for the purpose of the discussion of labor relations at 8:00 p.m. The meeting was recalled to order at 8:15 p.m., all Council present, no action taken. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilwoman Teglia. 9/21/83 Page 2 AGENDA ACTION TAKEN 25 CONSENT CALENDAR ® Staff Report 9/21/83 recommending adoption of a Resolution author- izing execution of an Agreement with Avanessian/Gumbinger for the planning and design of a new Corporation Yard - Project No. PB-83-2. A RESOLUTION AUTHORIZING EXECU- TION OF AN AGREEMENT FOR ARCHI- TECTURAL SERVICES FOR NEW CORPOR- ATION YARD ® Staff Report 9/21/83 recommending adoption of a Resolution accepting dedication of a public utility easement as offered for dedication on the parcel map of Bortoli Tract (PM-82-204). A RESOLUTION ACCEPTING DEDICATION FOR PUBLIC UTILITY EASEMENT - BORTOLI TRACT {PM-82-204) Staff Report 9/21/83 recommending by Motion to award the bid for heating, ventilation and air con- ditioning services to Sunco Mechanical, who submitted the lowest responsible bid. 5. Staff Report 9/21/83 recommending the adoption of: a) A RESOLUTION REJECTING THE BID FOR THE ROOFING OF ORANGE POOL PROJECT NO. PR-83-1 b) A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE ROOFING OF ORANGE POOL PR-83-1A 5C. A RESOUTION PROVIDING FOR THE HOLD- ING OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF SOUTH SAN FRANCISCO ON THE 8TH DAY OF NOVEMBER, 1983, DESIGNATING AND CONSOLIDATINNG PRE- CINCTS, DESIGNATING POLLING PLACES, APPOINTING PRECINCT ELECTION OFFICERS AND OTHER RELATED MATTERS CONSENT CALENDAR RESOLUTION NO. 127-83 RESOLUTION NO. 128-83 Approved. 5/5 RESOLUTION NO. 129-83 RESOLUTION NO. 130-83 RESOLUTION NO. 131-83 9/21/83 Page 3 AGENDA CONSENT CALENDAR Staff Report 9/21/83 recommending by motion to waive the lateness of the Application to File Late Claim and deny and refer the following claims to the City's Insurance Adjuster and City Attorney. a) Appliction to File Late Claim and Claim as filed by Lawrence Pera alleging damages attributable to the South San Francisco Pol ice Department. b) Claim as filed by William Higgins, Esq., on behalf of Jose Aburto alleging damages attribu- table to members of the South San Francisco Police Department. c) Claim as filed by George F. Camerlengo, Attorney at Law, on behalf of Augustine Amavisca alleging injuries from a Police canine. APPROVAL OF BILLS 6. Approval of the Regular Bills of 9/21/83. ACTION TAKEN CONSENT CALENDAR M/S Acosta/Teglia - to approve the Consent Calendar with the exception of Item No. 1. Carried by unanimous voice vote. Councilwoman Teglia made mention of the recommendation to waive the application for a late claim and questioned the con- cerns of the City Attorney on this matter. City Clerk Battaya stated that this had been placed on the Agenda by direction of the City Attorney. City Manager Birkelo stated that the litigation report received by the Council pointed out that the later filing should be waived and the claim denied. Councilwoman Teglia again questioned why the Council had to waive the application to file a late claim. City Clerk Battaya stated that Government Code directed that any claim received 100 days after the date of an incident then the applicant had to make application to file a late claim. M/S Teglia/Damonte - To waive the late- ness of the application to file a late claim and deny and refer the three claims to the City's Insurance Adjuster and the City Attorney. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Damonte/Acosta - To approve the Regular Bills in the amount of $1,684,793.92. Carried by unanimous voice vote. Mayor Addiego did not participate or vote in the matter of the claim of Brentwood Market. 9/21/83 Page 4 AGENDA CITY MANAGER Staff Report 9/21/83 recommending adoption of a Resolution accepting the Memorandum of Understinding bet- ween the City and Unit #5 (Police Officers Association for the period of 7/1/83 through 12/31/84. A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICERS ASSOCIATION (UNIT NO. 5) FOR THE PERIOD JULY 1, 1983 THROUGH DECEMBER 31, 1984 COMMUNITY DEVELOPMENT Public Hearing - Annexation Proceedings portion of San Bruno Mountain (South Slope). Staff Report 9/21/83 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution ordering the annexation of a portion of San Bruno Mountain (South S1 ope). A RESOLUTION ORDERING THE ANNEXATION OF A PORTION OF SAN BRUNO MOUNTAIN (SOUTH SLOPE AREA) (203.23 + ACRES) PURSUANT TO THE MUNICIPA~ORGANIZATION ACT OF 1977 (COMMENCING WITH SECTION 35000 OF THE GOVERNMENT CODE) ACTION TAKEN CITY MANAGER Motion by Teglia to adopt the Resolution. City Manager Birkelo stated that the City Attorney and the Personnel Director were rewriting the language of the M.O.U. and requested that this be handled later in the meeting. Motion died for lack of a second. COMMUNITY DEVELOPMENT Mayor Addiego opened the Public Hearing and called for the Staff Report. Director of Community Development Dell'Angela stated that the Council had adopted Resolution No. 113-83 which ini- tiated the proceedings for the proposed annexation of the acreage to the City. He stated that the South Slope consisted of approximately 203.23 acres of land on the south, westerly and easterly side of the mountain. He stated that on 8/17 LAFCO adopted Resolution No. 681 which approved the proposed annexation to the City of South San Francisco. He con- tinued, that the area was the site of the proposed and previously approved Terrabay Project; an EIR which addressed the annexation issue was prepared and cer- tified. He recommended that the Council adopt the Resolution annexing the area to the City. He stated for the record, that Council had received a letter from the Legal Aid Society of San Mateo County signed by Linda M. Burton, dated 9/12/83, which addressed the issue of annexation. 9/21/83 Page 5 AGENDA ACTION TAKEN -- COMMUNITY DEVELOPMENT 8. Public Hearing - Continued. COMMUNITY DEVELOPMENT Mayor Addiego invited those wishing to speak in favor of the item to step to the dais - no one chose to speak. He then invited those wishing to speak in opposi- tion to the item to step to the dais - no one chose to speak. He then closed the Public Hearing. Councilwoman Teglia asked what the statu- tory requirements were and made mention of the letter received from the Legal Aid Society of San Mateo County urging the City not to annex the South Slope of San Bruno Mountain until a valid General Plan had been enacted containing a housing element which meets specific statutory requirements. City Attorney Rogers stated "that the State had passed statutory language which required the City's housing element to exist and contain certain informa- tion.'' He stated that the Legal Aid Society, in their suit which had been filed against the City, had alleged that the City's Housing Element did not comply with the statutory requirement. He stated that the City's position was that Housing Element did comply. He explained that the hearing on the summary judge- ment, concerning the suit, would be held on the following Tuesday and advised Council that the Housing Element did comply with California law. He stated that the City was required to act on the annexation pursuant to the Morga Provisions and indicated that he did not believe that property owners in the area had filed any written opposition to the annexation at this time. M/S Acosta/Damonte - To adopt the Resolution. RESOLUTION NO. 132-83 Carried by majority roll call vote. Addiego voted no. 9/21/83 Page 6 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT e Staff Report 9/21/83 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt an Ordinance creating the Oyster Point Marina Specific Plan Zoning District and Rezoning the Oyster Point Marina area from O-S Open Space to the Oyster Point Marina Specific Plan Zoning District. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTIONS 2.1 AND 2.2 OF ORDINANCE NO. 353, AS AMENDED ENTITLED "ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO," SECTIONS 20.12.010 AND 20.12.020 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, AND THE MAP ENTITLED "ZONING MAP OF THE CITY OF SOUTH SAN FRANCISCO," DATED JUNE 18, 1975, AS AMENDED, AND ADDING TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 20.59, ENTITLED "OYSTER POINT MARINA SPECIFIC PLAN DISTRICT" 10. Staff Report 9/21/83 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance on Residential Second Units. 2nd Reading/Adoption AN ORDINANCE ADDING CHAPTER 20.18 ENTITLED "RESIDENTIAL SECOND UNITS" TO THE SOUTH SAN FRANCISCO l PUBLIC SERVICES 11. Public Hearing - Vacation of a por- tion of Mission Road. COMMUNITY DEVELOPMENT City Clerk Battaya read the title of the Ordinance in its entirety. M/S Damonte/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Damonte - To adopt the Ordinance. ORDINANCE NO. 927-83 Carried by unanimous voice vote. City Clerk Battaya read the title of the Ordinance in its entirety. M/S Damonte/Nicolopulos - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Acosta/Damonte - To adopt the Ordinance. ORDINANCE NO. 928-83 Carried by majority roll call vote. Addiego and Teglia voted no. PUBLIC SERVICES Mayor Addiego opened the Public Hearing and called for the Staff Report. 9/21/83 Page 7 PUBLIC SERVICES 11. Public Hearing - Continued. Staff Report 9/21/83 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Adoption of a Resolution ordering the vacation of a portion of Mission Road between E1Camino Real and Chestnut Avenue. A RESOLUTION ORDERING THE VACATION OF A PORTION OF MISSION ROAD BETWEEN EL CAMINO REAL AND CHESTNUT AVENUE 12. Staff Report 9/21/83 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance on excavation and construction on public property regulated. PUBLIC SERVICES Director of Public Services Yee stated that the portion of Mission Road to be abandoned was located between E1Camino Real and Chestnut Avenue. He explained that the adjacent property owners had requested the abandonment and that there were no objections by the public utility companies and other agencies provided that certain easements were reserved. Mayor Addieg invited those wishing to speak in favor of the vacation to step to the dais. Mr. Frank Bond, Jr., Attorney at Law, 950 John Daly Boulevard, Daly City, repre- senting Mr. Frank Gilli who was the applicant for the vacation, and explained that Mr. Gilli and Mr. Charles Petrocchi were adjoining property owners and had agreed to exchange some property so their parcels would have a better configur- ation. Mayor Addiego invited those wishing to speak in opposition to step to the dias - no one chose to speak. Mayor Addiego then declared the Public Hearing closed. M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 133-83 Carried by unanimous voice vote. City Clerk Battaya read the title of the Ordinance in its entirety. Director of Public Services Yee explained that Council had adopted an Ordinance on December 15, 1983, subsequent to the adoption Staff had discovered certain 9/21/83 Page 8 AGENDA ACTION TAKEN 31 PUBLIC SERVICES 12. Staff Report 9/21/83 - Continued. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 13.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED "EXCAVATION AND CONSTRUCTION ON PUBLIC PROPERTY REGULATED" BY AMENDING SECTIONS 13.04.010, 13.04.030, 13.04.040, 13.04.120, AND 13.04.140; ADDING SECTIONS 13.04.045, 13.04.050 H and 13.04.060 D AND E; AND REPEALING SECTION 13.04.130 13. Staff Report 9/21/83 recommending adoption of a Resolution declaring the building at 2310 Olympic Drive to be a public nuisance. A RESOLUTION DECLARING THE BUILDING AT 2310 OLYMPIC DRIVE, SOUTH SAN FRANCISCO, CALIFORNIA, TO BE A PUBLIC NUISANCE ~, 14. Staff Report 9/21/83 recommending adoption of a Resolution awarding the Civic Center Renovation, Project No. PB-81-2 contract to Harvis Construction, of South San Francisco in the amount of $1,022,000 for the base bid plus alternate No. i as the lowest responsible bidder. PUBLIC SERVICES minor discrepancies and that the proposed Ordinance would amend those discrepan- cies. An in-depth discussion followed regarding the control which would come from the proposed Ordinance with respect to grading permits and the routes used when hauling large quantities of fill. Councilman Acosta expressed concern that the City not infringe upon public trans- port. M/S Nicolopulos/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Nicolopulos/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. Director of Public Services Yee explained that this particular piece of property had been vacant for the past two years and that passage of the proposed Resoluton would direct the owner to abate the nuisance. He stated that if the owners did not take action, then Staff would return to Council for authorization for the City to take further steps for the abatement. M/S Damonte/Teglia - To adopt the Resolution RESOLUTION NO. 134-83 Carried by unanimous voice vote. Continued to 10/5/83 under Agenda Review. 9/21/83 Page 9 ACTION TAKEN PUBLIC SERVICES 14. Staff Report 9/21/83 - Continued. A RESOLUTION OF AWARD OF CONTRACT CIVIC CENTER RENOVATION - PROJECT NO. PB-81-2 15. Staff Report 9/21/83 recommending adoption of a Resolution authorizing the execution of Supplement No. 3 to an Agreement wi th Group 4/Architecture, Research and Planning, Inc., for the renova- tion of portions of City Hall and the former Police Services Building also called Civic Center Renovation Project No. PB-81-2. A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. 3 TO AN AGREEMENT WITH GROUP 4/ARCHITECTURE, RESEARCH AND PLANNING, INC. FOR THE RENOVATION OF PORTIONS OF CITY HALL AND THE FORMER POLICE SERVICES BUILDING ALSO CALLED CIVIC CENTER RENOVATION, PROJECT NO. PB-81-2 16. Staff Report 9/21/83 recommending by Motion to reject the bids for trailer rental for the Civic Center Renovation Project and authorize the Purchasing Officer to readver- tise for bids. 17. Staff Report 9/21/83 recommending by Motion to award the bid for moving services to the second lowest responsible bidder for the Civic Center Renovation Project. CITY MANAGER e Staff Report 9/21/83 recommending adoption of a Resolution accepting the Memorandum of Understinding bet- ween the City and Unit #5 (Police Officers Association for the period of 7/1/83 through 12/31/84. PUBLIC SERVICES Continued to 10/5/83 under Agenda Review. Continued to 10/5/83 under Agenda Review. Continued to 10/5/83 under Agenda Review. CITY MANAGER Director of Personnel Marshall explained the negotiation process in this matter and indicated that an understanding had been reached between the City and the Police Officers Association. Page 10 AGENDA ACTION TAKEN 33 CITY MANAGER 7. Staff Report 9/21/83 - Continued. A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE OFFICERS ASSOCIATION (UNIT NO. 5) FOR THE PERIOD JULY 1, 1983 THROUGH 1984 RECALL TO ORDER: ITEMS FROM STAFF 18. Report on the monitoring in Brentwood Park by the Director of Parks and Recreation and Chief of Pol ice. ITEMS FROM COUNCIL Vice Mayor Damonte: CITY MANAGER M/S Teglia/Acosta - To adopt the Resolution RESOLUTION NO. 135-83 Carried by unanimous roll call vote. Officer Varney, Representative of the Police Officers Association expressed appreciation for the manner in which negotiations had been handled and thanked Council for approving the MOU. M~or Addiego declared a recess at 8:50 p.m. The meeting was recalled to order at 9:05 p.m., all Council present. ITEMS FROM STAFF Director of Parks and Recreation Norton stated that at the request of Council a monitoring program at Brentwood Park had begun on 9/19/83 and indicated that there were no specific items to relate at this time. He stated that there would be two staff members at the Park during certain hours to maintain order in the Park. Police Captain McKeon stated that numerous arrests and citations had been issued in the Park within the past month. Discussion followed regarding the existing curfew at the Park and the trimming of the trees. ITEMS FROM COUNCIL Stated that the San Mateo Council of Mayors had requested that the City host their December meeting. Councilwoman Teglia stated that the City traditinally hosted the December meeting of the North San Mateo Council of Cities. Mayor Addiego stated that perhaps the City could host a joint meeting. 9/21/83 Page 11 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilman Acosta: Council woman Tegl ia: Mayor Addiego: GOOD AND WELFARE ITEMS FROM COUNCIL Stated that a report from the Criminal Justice Council of San Mateo had been presented to the Board of Supervisors regarding a 14 month study of criminal justice and mental health. He stated that the report had been composed by Councilmembers, Chope Hospital, the Mental Health Department, District Attorneys and lawyers. He indicated that there should be changes in the law due to repeated crimes by mentally ill persons and perhaps the City should go on record as expressing concern regarding this problem. Said a letter had been received from the Westborough Homeowners Association regar- ding a project spearheaded by Ann Waters to facilitate construction of a community center in Westborough. She explained that the group wished to come before Council to obtain authorization to go forward in the name of the City and request grant funds for this project. She requested that this matter be agen- dized for consideration by Council. Stated that he had received a call from Andy Hawkins of UCSF, indicating that when traveling southbound on 101 in the evening during commute hours he had experienced backup on the freeway at the first entrance into the City. Mayor Addiego stated that this was a dangerous situation and directed the matter to Director of Public Services Yee and the Police Department. He stated that perhaps with the mutual aid of Brisbane the matter could be resolved. Discussion followed regarding the portion of E1 Camino Real and Hickey Boulevard to the Colma City limits. Mayor Addiego requested Director of Public Services Yee to contact CALTRANS regarding the need to address the issue. GOOD AND WELFARE No one chose to speak. 9/21/83 Page 12 AGENDA ACTION TAKEN 85 CLOSED SESSION 19. Request for a Closed Session for the purpose of the discussion of personnel matters, labor relations and litigation. RECALL TO ORDER: 20. Request that the meeting be adjourned to Wednesday, September 28, 1983, at 7:00 p.m. for a budget session in the City Council Conference Room, City Hall. ADJ OU RNMENT: RESPECTFULLY SUBMITTED, CLOSED SESSION Council adjourned to a Closed Session at 9:39 p.m. for the discussion of personnel matters, labor relations and litigation. Mayor Addiego recalled the meeting to order at 10:00 p.m., all Council present, no action taken. M/S Damonte/Nicolopulos - To adjourn the meeting to 9/28/83 at 7:00 p.m. Carried by a unanimous voice vote. The meeting was adjourned at 10:01 p.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 communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and available for inspection, review and copying. 9/21/83 Page 13