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HomeMy WebLinkAboutMinutes 1984-03-28Mayor Mark N. Addiego Vice Mayor Richard A. Haffey Council: Emanuele N. Damonte Gus Nicolopulos Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room March 28, 1984 352 AGENDA ACTION TAKEN CALL TO ORDER: ROLL CALL: (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: AGENDA REVIEW City Manager Birkelo requested: - Add Item 13a. Adoption of a Reso- lution commending Leo Angelo Crosariol upon his retirement. - Add Item 16a. Adoption of a Reso- lution for the sale of 822 W. Orange Avenue to Roberto and Marta A. Grelli as the high bidder. Councilwoman Teglia requested: - Add Item 20a. Civic Center Improvement Center. - Add Item 2Ob. Set a date for review of the General Plan policies so that the General Plan can be adopted on 4/11/84. ORAL COMMUNICATIONS COMMUNITY FORUM 7:35 p.m. Mayor Addiego presiding. Council present: Council absent: Nicolopulos, Haffey, Damonte, Teglia and. Addiego. None. The presentation of colors was made by Boy Scout Troop No. 181 and the pledge was reci ted. Rev. Evelyn Kendall, Aldergate United Methodist Church, gave the invocation. AGENDA REVIEW Approved. Approved. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM No one chose to speak. 3/28/84 Page 1 AGENDA ACTION TAKEN 253 CONSENT CALENDAR Staff Report 3/28/84 recommending by Motion to deny and refer the following claim to the City's Insurance Adjuster and the Office of the City Attorney: Claim as fil ed by Deni se Powel 1 al 1 egi ng damages to her automobile as the result of a hole in the pavement at the intersection of Harbor Way and East Grand Avenue. Staff Report 3/28/84 recommending adoption of a Resolution approving plans and specifications, author- izing the work and calling bids for the 1983-84 Street Resurfacing Program, Project No. ST-83-6. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1983-84 STREET RESURFACING PROGRAM, PROJECT NO. ST-83-6 Staff Report 3/28/84 recommending by Motion to accept the San Mateo Avenue at Colma Creek Sanitary Sewer Replacement Project No. SS-83-3, as complete in accordance with the approved plans and speci- cations. 0 Staff Report 3/28/84 recommending adoption of a Resolution of Intention to form the Produce Avenue Undergrounding Utility District and set a Public Hearing for 5/9/84. A RESOLUTION OF INTENTION TO FORM THE PRODUCE AVENUE UNDERGROUND UTILITY DISTRICT ® Staff Report 3/28/84 recommending by Motion to award the bid for the purchase of three trailer mounted air compressors to Ingersol Rand as the lowest responsible bidder in the amount of $31,279.05. Staff Report 3/28/84 recommending adoption of a Resolution of Intention to provide for the sale CONSENT CALENDAR So ordered. RESOLUTION NO. 37-84 Approved. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Approved. 3/28/84 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 6. Staff Report - Continued. of 10.79 acres of real property located at South Airport Boulevard and Belle Air Road as surplus property and providing notice thereof. A RESOLUTION OF INTENTION TO DISPOSE OF REAL PROPERTY BY SALE AND PROVIDING FOR NOTICE THEREOF (SO. AIRPORT BOULEVARD AND BELLE AIR ROAD) Staff Report 3/28/84 recommending adoption of a Resolution of Intention to provide for the sale of 3.09 acres of real property located at South Spruce Avenue and North Canal as surplus property, and providing notice thereof. A RESOLUTION OF INTENTION TO DISPOSE OF REAL PROPERTY BY SALE AND PROVIDING FOR NOTICE THEREOF (SOUTH SPRUCE AVENUE AND NORTH CANAL) Staff Report 3/28/84 recommending adoption of a Resolution approving the plans and specifications, authorizing the work, and calling for bids for new play equipment at Buri Buri Park and Siebecker Center. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR BURI- BURI PARK/SIEBECKER CENTER PLAY EQUIPMENT - BID NO. 1611 Staff Report 3/28/84 recommending by Motion to accept the Paradise Valley Park Fencing Project No. PR-82-5, as complete in accordance with the approved plans and speci- fications and that all bonds, cer- tificates of deposits and/or cash deposits related to the project be released as stipulated. 10. Staff Report 3/28/84 recommending by Motion to accept the Ponderosa/ Spruce Fencing Project No. PR-83-2, CONSENT CALENDAR RESOLUTION NO. 38-84 RESOLUTION NO. 39-84 Removed from the Consent Calendar for discussion by Mayor Addiego. Approved. Approved. 3/28/84 Page 3 AGENDA ACTION TAKEN 355 __ CONSENT CALENDAR 10. Staff Report - Continued. as complete in accordance with the approved plans and specifications and that all bonds, certificates related to the project be released as stipulated. 11. Staff Report 3/28/84 recommending adoption of a Resolution author- izing execution of the Program Supplement No. 1 Revision No. i for the installation of railroad cross- ing protection work at East Grand Avenue and Harbor Way intersection. A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. 1, REVISION 1, TO LOCAL AGENCY STATE AGREEMENT NO. 04-5177 (FEDERAL AID SAFETY IMPROVEMENT PROJECT 12. Staff Report 3/28/84 recommending adoption of a Resolution author- izing execution of an agreement with Pacific Gas & Electric Co. to convert City-owned street lights on Rate Schedule LS-2A and authorize the Purchasing Officer to request sealed bids for the purchase of street light conversion kits. A RESOLUTION APPROVING STREET LIGHT CONVERSIONS FROM MERCURY VAPOR TO HIGH PRESSURE SODIUM 13. Resolution commending Louise Coleman on her retirement after thirty-seven years with the City. A RESOLUTION COMMENDING LOUISE J. COLEMAN 13a. A RESOLUTION COMMENDING LEO 4. Staff Report 3/28/84 recommending adoption of a Resolution of CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 40-84 RESOLUTION NO. 41-84 M/S Teglia/Haffey - To approve the Consent Calendar with the exception of Items No. 4, 8, 11 and 12. Carried by unanimous voice vote. Councilman Nicolopulos questioned what PG&E's cost would be. 3/28/84 Page 4 AGENDA ACTION TAKEN 4. Staff Report - Continued. 11. Intention to form the Produce Avenue Undergrounding Utility District and set a Public Hearing for 5/9/84. A RESOLUTION OF INTENTION TO FORM THE PRODUCE AVENUE UNDERGROUND UTILITY DISTRICT Staff Report 3/28/84 recommending adoption of a Resolution approving the plans and specifications, authorizing the work, and calling for bids for new play equipment at Buri Burl Park and Siebecker ~_~k)k{ Center. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR BURI- BURI PARK/SIEBECKER CENTER PLAY EQUIPMENT - BID NO. 1611 Staff Report 3/28/84 recommending adoption of a Resolution author- izing execution of the Program Supplement No. i Revision No. I for the installation of railroad cross- ing protection work at East Grand Avenue and Harbor Way intersection. A RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENT NO. 1, REVISION 1, TO LOCAL AGENCY STATE AGREEMENT NO. 04-5177 (FEDERAL AID SAFETY IMPROVEMENT PROJECT City Manager Birkelo stated that PG&E would not estimate the cost until after the adoption of the Resolution. Councilman Damonte stated stated that PG&E would put in the line at their own cost and those sharing the line were responsible up to the meter. Vice Mayor Haffey questioned if this type of project was prioritized throughout the City and if not thought that it should be in the future. M/S Nicolopulos/Damonte - To adopt the Resolution. RESOLUTION NO. 42-84 Carried by unanimous voice vote. Mayor Addiego questioned where the equip- ment would be located. Director of Parks & Recreation Norton stated that it would be on a portion of the area and fence bordering the Westborough expressway. M/S Addiego/Teglia - To adopt the Regulution. RESOLUTION NO. 43-84 Carried by unanimous voice vote. Councilman Nicolopulos questioned what the work entailed. City Manager Birkelo stated that it would modify the PUC rail-highway grade crossing from 9 signals to preempted traffic signals on East Grand Avenue and Harbor Way and that the Government would pay 95% of the project. M/S Nicolopulos/Teglia - To adopt the Resolution. RESOLUTION NO. 44-84 Carried by unanimous voice vote. 3/28/84 Page 5 AGENDA ACTION TAKEN 12. Staff Report 3/28/84 recommending adoption of a Resolution author- izing execution of an agreement with Pacific Gas & Electric Co. to convert City-owned street lights on Rate Schedule LS-2A and authorize the Purchasing Officer to request sealed bids for the purchase of street light conversion kits. A RESOLUTION APPROVING STREET LIGHT CONVERSIONS FROM MERCURY VAPOR HIGH PRESSURE SODIUM 4~ APPROVAL OF BILLS 14. Approval of the Regular Bills of 3/28/84. CITY MANAGER 15. Staff Report 3/28/84 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance providing for ~.~ an Industrial Development ~l Authority. 2nd Reading/Adoption AN ORDINANCE ADDING SECTION 2.18.030 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE PROVIDING FOR AN INDUSTRIAL DEVELOPMENT AUTHORITY COMMUNITY DEVELOPMENT ~'~ 16. Public Hearing - UP-84-678/Naugles, Inc. to consider the appeal of the Planning Commission decision of 1/26/84 to construct an 1,800 square foot restaurant with a drive-through service window at Hickey Blvd. and E1Camino Real - continued from 3/14/84. Staff Report 3/14/84 recommending: 1) Continue the Public Hearing and hear testimony; 2) Close the Councilman Nicolopulos questioned why PG&E would only pay $72.00 per light. City Manager Birkelo stated that the City owned the street lights in Cabot Cabot & Forbes and other areas. M/S Nicolopulos/Damonte - To adopt the Resol uti on. RESOLUTION NO. 45-84 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Haffey/Teglia - To approve the regu- lar bills of 3/28/84 in the amount of $1,728,764.41. Carried by unanimous voice vote. Mayor Addiego did not participate or vote in the matter of the claim of Brentwood Market. CITY MANAGER City Clerk Battaya read the title of the Ordinance in its entirety. M/S Damonte/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Haffey - To adopt the Ordinance. ORDINANCE NO. 946-84 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT Mayor Addiego stated that City Planner Gorny had received a communication from the Naugles organization requesting a continuance to 4/25/84 in that they were unable to attend the meeting. Councilman Damonte stated that he would like an explanation from the Naugles organization about the newspaper article that stated that the organization had closed 35 restaurants in the State. 3/28/84 Page 6 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT 16. Public Hearing Staff Report - Cont. Public Hearing; 3) Motion to deny the appeal based on the findings. 5050 16a. A RESOLUTION ACCEPTING THE OFFER TO PURCHASE THE REAL PROPERTY LOCATED AT 822 WEST ORANGE AVENUE FINANCE 17. Staff Report 3/14/84 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt an Ordinance on authorized signatures; 3) Motion to waive further reading of the Ordinance; 4) Motion to adopt an Ordinance on · bonding requirements of City offi- ~. 2nd Reading/Adoption AN ORDINANCE AMENDING CHAPTER 2.22 OF THE SOUTH SAN FRANCISCO MUNI- CIPAL CODE ENTITLED "SIGNATURES" 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 2.20.020 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 3 OF ORDINANCE NO. 728 ENTITLED "AN ORDINANCE ESTABLISHING BONDS REQUIRED OF OFFICERS OR EMPLOYEES OF THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 1, ADOPTED OCTOBER 5, 1908" AS AMENDED BY ORDINANCE NO. 898 COMMUNITY DEVELOPMENT Vice Mayor Haffey requested that the newspaper articles be included in the Staff Report of 4/25/84. Mr. Roger Barbosa, Naugles Project Manager, stated that his firm was closing 35 restaurants but that only three are in California. Consensus of Council - To continue the item to 4/25/84. City Attorney Birkelo stated that the City had requested an earlier offer as being insufficient and that on this bid he recommended that the City accept the high bid of $110,000. M/S Haffey/Damonte - To adopt the Resolution. RESOLUTION NO. 46-84 Carried by unanimous voice vote. FINANCE City Clerk Battaya read the title of the Ordinance in its entirety. M/S Teglia/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Haffey - To adopt the Ordinance. ORDINANCE NO. 947-84 Carried by unanimous voice vote. City Clerk Battaya read the title of the Ordinance in its entirety. M/S Teglia/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Haffey - To adopt the Ordinance. 3/28/84 Page 7 AGENDA ACTION TAKEN 059 FINANCE 17. Staff Report - Continued. COMMUNICATIONS 18. Letter dated 3/17/84 from Western TV Cable, with a written notice to the franchisor enclosed, advising of the intent of Western TV Cable to place itself under provisions of Section 53066.1 of the Government Code which will change rates, charges and rate structures will be established between Western TV Cable and its subscribers and without the involvement of the franchising authority; Letter dated 3/19/84 from Western TV Cable stating the requirements of Section 53066.1 (d) of the Government Code of the State of California to satisfy requirements. FINANCE ORDINANCE NO. 948-84 Carried by unanimous voice vote. COMMUNICATIONS Councilman Damonte expressed concern in that the franchise gave a great deal of protection to Cable TV and this meant that that the City was relinquishing control. Discussion followed on the newspaper article on Cable TV and reference to the fees of 75% of the CPI and not wanting to gouge the public; present fees for regu- lar service and special service and how that would change; an inconsistency bet- ween the newspapers and the correspon- dence from Western TV Cable; why Mr. Stowell was not in attendance to respond to questions; that Cable wanted to call the shots to charge the community and still have the protection of the franchise; that the City Attorney was quoted in the newspaper as having input for the Council this evening. City Attorney Rogers stated that Government Code Section 53066.1 does pro- vide for a means for a company to deregu- late, a kind of self distructive regulation on it, if it meets the cri- teria set forth in there. He continued, if they give the proper notice and do all the things they are supposed to do under that section, however that section also contains a little subsection that says that the rights that the Cable TV Companies have under this law can not be waived by a contractual agreement entered into after 1/1/83. He stated that there is no intent to either validate or inva- lidate any such contractual agreement entered into prior to that date. He stated that he had done research and found that Ordinance No. 834, which is the basic cable franchise ordinance, has restrictions on rate setting and sets forth the procedure on rate setting for the basic services - not the operational services that Mrs. Teglia was talking 3/28/84 Page 8 AGENDA ACTION TAKEN COMMUNICATIONS 18. Letter from Western TV Cable - Continued. COMMUNICATIONS about. He continued, Ordinance 835 was passed in 1980 prior to 1/1/83 which extended Western TV Cable's franchise in this City, he thought, for a period of fifteen years from that date. He stated that in order for that extension and the franchise under it to have effect they had to come back to us in writing and accept the terms and conditions of that franchise within 40 days of the adoption of the extension of it. He stated that they did that, specifically saying they accepted the terms and conditions under 834 and 835. He noted that in 834 there is a specific section that says it is contemplated that perhaps the Federal Government would pass laws that affected the rate setting, never the less the par- ties to a franchise of this Ordinance are agreeing that their rights are contrac- tual in that regard. He continued, they did this prior to 1983 and his feeling is that there is a contractual obligation of Western TV Cable to honor its franchise conditions of contractual obligations and any attempt by them to deregulate would be a violation of that contract and its lawful under the Government Code Section we are talking about for us to take that position. Mayor Addiego stated that that part of the contractual agreement would run with the franchise and questioned if that was 1980. City Attorney Rogers stated that 1980 was when the City extended their contract and also when the City adopted Ordinance 834 which is an update of the TV Ordinance. Discussion followed: that it was eight year increments; market penetration figures; how many homes were served; verification of the Cable TV figures, etc. City Attorney Rogers stated that the extension was for a period of fifteen years and the Ordinance was passed in August 1980, which would make it run to 1995. He stated that if the Council 3/28/84 Page 9 AGENDA ACTION TAKEN COMMUNICATIONS 18. Letter from Western TV Cable - Continued. ITEMS FROM STAFF 19. Staff Report 3/28/84 requesting a review of the 3/13/84 and 3/20/84 reports on building permits for the Interim Ordinance on landmarks. ITEMS FROM COUNCIL ~0. Report on the Youth Employment Program. 20a. Civic Center Improvement Center. 2Ob. Set date for General Plan policies for adoption of General Plan at April 11, 1984 meeting. ~a~ GOOD AND WELFARE COMMUNICATIONS wanted to make sure these rates are set forth in the Ordinance then it should take the position that they are in anti- cipatory breach of the contract between us right now and notify them of that and tell them we are not going to set still for deregulation under these two Ordinances - beyond that it is a subject for closed session. Consensus of Council - That the Council takes the position that Western Cable TV are in anticipatory breach of the contract between the City and Cable TV and the City Attorney is to notify Cable TV that the City is not going to sit still for deregulation under these two Ordinances (834 and 835). ITEMS FROM STAFF Consensus of Council - To approve the building permits and direct Staff to pick a break off year for historical buildings. ITEMS FROM COUNCIL M/S Teglia/Addiego - To approve $1,500 on the program and Staff is to find an office for a County worker to use 2 days a week fo recruitment. Mayor to appoint Subcommittee to advise Council on the proposed expenditures and prioritize. City Manager with Vice Mayor Haffey to establish meeting date. GOOD AND WELFARE Mr. Lawrence Pera spoke of being arrested again for barbequing in his yard; complained about the neighbors, that the street drains needed to be cleaned, that Baden Avenue should be repaved, etc. 3/28/84 Page 10 AGENDA ACTION TAKEN CLOSED SESSION 21. Request for a Closed Session for the purpose of the discussion of personnel matters, labor relations and litigation. ADJOURNMENT ADJOURNMENT: RESPECTFULLY SUBMITTED, CLOSED SESSION Council adjourned to a Closed Session at at 8:37 p.m. for discussion of the noticed items. The meeting was recalled to order at 11:04 p.m., all Council present, no action taken. M/S Haffey/Nicolopulos - That the meeting be adjourned. Carried by unanimous voice vote. The meeting was adjourned at 11:05 p.m. APPROVED: City of South San Francisco 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. 3/28/84 Page 11