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