HomeMy WebLinkAboutMinutes 1985-06-26Mayor Richard A. Haffey
Vice Mayor Roberta Cerri Teglia
Counci 1:
Mark N. Addiego
Emanuele N. Damonte
Gus Nicolopulos
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
AGENDA REVIEW
City Manager Birkelo Requested:
- Add Item No. 18a. Adoption of a
Resolution authorizing extension
of the Ground Lease and Site
Preparation Agreements for the
Price Co.
- Add Item No. 8a. Adoption of a
Resolution authorizing the.City
Librarian to destroy library
volunteer applications and
work records.
- Add Item No. 8b. Adoption of a
Resolution commending Raymond
Edward Nunes upon his retire-
ment.
- Move Item No. 18 to be heard
after Item No. 11.
Mayor Pro Tem Teglia Requested:
- Add Item 24a. Employee
Recognition Program.
Councilman Addiego Requested:
- Move Item No. 14 to be heard
after Item No. 9.
ORAL COMMUNICATIONS
MINUTES
City Council
Municipal Services Building
Community Room
June 26, 1985
ACTION TAKEN
7:45 p.m. Mayor Pro Tem Teglia pre-
siding.
Council present: Nicolopulos, Addiego,
Teglia and Damonte.
Council absent: Haffey.
The pledge of allegiance was recited.
AGENDA REVIEW
So ordered.
So ordered.
ORAL COMMUNICATIONS
Mr. Lawrence Pera, 758 Baden Ave., stated
that he had been jailed for 37 days for
barbequing in his backyard; that he had
received bad treatment in jail; that his
fowls were stolen and his house searched;
questioned how much property the City
owned; excessive developments, etc.
6/26/85
Page I
AGENDA ACTION TAKEN -
370
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Adjourned Regular
Meeting of 6/4/85 and the Special
Meeting of 6/6/85.
®
Staff Report 6/26/85 recommending
by Motion to deny and refer the
following claim to the City's
Insurance Adjuster and the City
Attorney:
a)
Claim as filed by Paulyn
Frances Aguero alleging that
her automobile was splattered
with tar during street work
as the result of failure by
the City to block the area off.
b)
Claim as filed by Andrea
Brusuelas alleging that tar/oil
splattered on both sides of her
automobile as the result of
negligence on behalf of the
City and Contractor to properly
provide a safe detour during
repaving of a City street.
c)
Claim as filed by Roberto
Sanchez alleging damage to his
automobile and personal
injuries sustained as the
result of failure by the City
to provide signs advising of
construction on a public
street.
®
Staff Report 6/26/85 recommending
by Motion to set 7/10/85 as a
meeting date to consider the
Tentative Subdivision Map SA-85-88
ORAL COMMUNICATIONS
done by the City without proper pre-
cautions, etc.
COMMUNITY FORUM
Discussion followed: that all of the
properties the City owned were public
record; that extension EIRs and mitiga-
tion impacts were being determined for
any and all developments; that safety
personnel had responded to Mr. Pera's
home; that he had been given a jury trial
by his peers, etc.
CONSENT CALENDAR
Approved.
So ordered.
Approved.
6/26/85
Page 2
AGENDA ACTION TAKEN
.... CONSENT CALENDAR
3. Staff Report - Continued.
for Pen Service Corporation to
divide a 5.47 acre parcel, located
on the west side of Galway Drive
between Westborough Boulevard and
Greendale Drive, into 54 residen-
tial lots and a common area for the
purpose of developing a residential
planned unit development (South San
Francisco Unified School District,
property owner).
Staff Report 6/26/85 recommending
by Motion to approve a request by
Carole DiPiero for a four month
leave of absence.
Staff Report 6/26/85 recommending:
1) Adoption of a Resolution which
approves the 1984-85 appropriation
limit for the City; 2) Adoption of
a Resolution which approves the
1985-86 appropriation limit for the
City.
1)
A RESOLUTION APPROVING THE
1984-85 APPROPRIATION LIMIT FOR
CITY OF SOUTH SAN FRANCISCO
PURSUANT TO ARTICLE XIIIB OF
THE CALIFORNIA CONSTITUTION
2)
A RESOLUTION APPROVING THE
1985-86 APPROPRIATION LIMIT FOR
CITY OF SOUTH SAN FRANCISCO
PURSUANT TO ARTICLE XIIIB OF
THE CALIFORNIA CONSTITUTION
Staff Report 6/26/85 recommending
adoption of a Resolution for archi-
tectural services for the pilot
program for the Airport Boulevard
landscaping with Singer & Hodges.
A RESOLUTION AUTHORIZING EXECUTION
OF AN ARCHITECTURAL SERVICES
AGREEMENT FOR THE AIRPORT BOULEVARD
LANDSCAPE PROJECT
e
Staff Report 6/26/85 recommending
adoption of a Resolution for the
Peninsula Library System and
CONSENT CALENDAR
Approved.
RESOLUTION NO. 123-85
RESOLUTION NO. 124-85
RESOLUTION NO. 125-85
6/26/85
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
7. Staff Report - Continued.
Peninsula Library Automated Network
Joint Powers Agreement.
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF AMENDMENT TO THE
JOINT POWERS AGREEMENT OF THE
PENINSULA LIBRARY SYSTEM
®
Staff Report 6/26/85 recommending
by Motion, to set a Public Hearing
date of 7/10/85 to consider an
application for amendment to the
San Bruno Mountain Habitat
Conservation Plan.
8ao
Staff Report 6/26/ recommending
adoption of a Resolution authoriz-
ing the City Librarian to destroy
library volunteer application
and work records, which are over
two years old and have no current
value.
A RESOLUTION APPROVING DESTRUCTION
OF CERTAIN RECORDS OF THE SOUTH
SAN FRANCISCO LIBRARY DEPARTMENT
IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 34090
8b.
Adoption of a Resolution commending
Raymond Edward Nunes upon his
retirement after twenty-eight years
with the Fire Department.
A RESOLUTION COMMENDING RAYMOND
EDWARD NUNES
°
Staff Report 6/26/85 recommending
by Motion, to set a Public Hearing
date of 7/10/85 to consider an
application for amendment to the
San Bruno Mountain Habitat
Conservation Plan.
CONSENT CALENDAR
RESOLUTION NO. 126-85
Removed from the Consent Calendar for
discussion by Councilman Addiego.
RESOLUTION NO. 127-85
RESOLUTION NO. 128-85
M/S Damonte/Addiego - To approve the
Consent Calendar with the exception of
Item No. 8.
Carried by unanimous voice vote.
Councilman Addie9o stated that he was
aware of the window amendment and that in
the event a petition was circulated
based, upon Council action on 7/10/85, he
wanted a listing of dates for an ini-
tiative for the 11/5/85 election or for a
Special Election at the next meeting from
the City Clerk.
6/26/85
Page 4
AGENDA ACTION TAKEN 3?3
Staff Report - Continued.
APPROVAL OF BILLS
Approval of the Regular Bills of
6/26/85.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
14. Public Hearing - Revenue Sharing.
Staff Report 6/26/85 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to approve the
recommended uses of Revenue Sharing
Funds.
M/S Addiego/Nicolopulos - To set 7/10/85
as a Public Hearing date for the applica-
tion for an amendment to the San Bruno
Mountain Habitat Conservation Plan.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Damonte/Nicolopulos - To approve the
Regular Bills of 6/26/85 in the amount of
$995,714.63.
Carried by unanimous voice vote.
Councilman Addiego did not participate or
vote in the matter of the claim of
Brentwood Market.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
City Council made the following tentative
Revenue Sharing Fund awards:
M/S Addiego/Damonte - To award $15,000 to
the Neighborhood Services Center.
Carried by unanimous voice vote.
M/S Nicolopulos/Damonte - To award $4,000
Neighborhood Services Center County
Matching Grant.
Carried by majority voice vote, Addiego
voted no.
M/S Addiego/Nicolopulos - To award $9,812
to Friends to Parents.
Carried by unanimous voice vote.
M/S Addiego/Damonte - To award $2,000 to
the Center for Independence of the
Disabled, Inc.
Carried by unanimous voice vote.
M/S Addiego/Nicolopulos - To award $1,000
to the San Mateo Women's Shelter.
M/S Damonte/Addiego - To award $2,000 to
No. San Mateo County Center for the Arts.
Carried by unanimous voice vote.
6/26/85
Page 5
AGENDA ACTION TAKEN
~" COMMUNITY DEVELOPMENT AND ADMINISTRATION
14. Staff Report - Continued.
CITY ATTORNEY
10.
Staff Report 6/12/85 on the City
Attorney's opinion of 5/15/85
regarding qualifications of
candidates for election with
with cited case law.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Carried by unanimous voice vote.
M/S Addiego/Damonte - To award $2,000 to
Project Reach.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To award $2,000
to Sister City.
Carried by majority voice vote, Damonte
abstained.
M/S Addiego/Nicolopulos - To award $300
to PARCA.
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To award $1,000
to Scholarships.
Carried by unanimous voice vote.
M/S Damonte/Addiego - To award $6,000 to
the Recreation Department Program
Assistance Grant.
Carried by unanimous voice vote.
CITY ATTORNEY
Mayor Pro Tem Teglia stated that she had
requested that this item be on the agenda
this evening and passed out a newspaper
article entitled "Two Term Limit
Illegal" and requested that it be entered
into the record. (The newspaper article
is attached and a permanent part of the
minutes of this meeting.)
She spoke of liability for the City and
the individual Council members in
reference to the two term limit and felt
that the members should not be placed in
such a position and moved to repeal the
Ordinance.
M/S Teglia/Addiego - That the City
Attorney be directed to prepare an
Ordinance repealing the sections per-
taining to two term limits.
6/26/85
Page 6
' ·, ~ ,--~'.~ v~'
. ~T '; ' ~ '"'-',"' ~ ~, '~"." '" '
B~DonS~o;c~t · San Fta~'~ci~c6 over 'loc~ has said she would ~ot ~ccept.
.~Two-term . I~its on city" ~ut~orityi~lh~t ~tena. · - the papers i; the SouLh City .
council ;~jce~ like those eh- Two. term Vist~ City Cou~ciJ t~o-term limR is still (m 'U~'..
member Gio~ik ~cClellan tried books~tthaL time .... ;;~.
forced in. South. San.Francisco ·
and San Bruno"' wen~ down in~ to ;lie to tt,~ a third time aL As the McClellan ca~. wuzk,
flames before a legal challenge., election last November, bul. ed Rs way through San Diego.,
l~St y~at...[~...:t~e ' Southel'lt the Vista (.ity'"cJer~ ~ citii~g County Su~gl'iot Court,-it
Califotni~ community o; Vista,, local ordin;'i~cc ~ z'eJused to feted up abundan[ ptoofs
but the contest'le;L behind ~ accept heri,;,l,crs, support South San
bitterly divided community In South Sah Yr~ncisco, two- City Attorney Robert
and co~sumed 'more titan term city council member argument ' that such an
$20,000 in taxpayers' money Roberta Tc~li;, hass3id shewill dinance is unconstitutiona),
be;oteil, wasovec, attempt to fiJc to rm~ itl two supportable andi]ie~al.
In al~ its particulars, the yea~swh;:~ ]:er term is up, and Rogers said last weel~
Vista case sltapes up exactly City Clerk ]~;tibara [;attaya ~ the state legislatute has coral
like a pending fight in South again citing. J(,~*aJ ordinance .-- ~]~a~e2
SS0,000 may be last share
': B) Curt D~n , often eloquott appeals, o~ the long-~tanding ~upport
8~ BRHNO'~ Warning "Revenue ~h~ring funding 8an Bruno~ ha~ given the.
that this'will probabl7 be the ~ill probably ~isappear in di~t~et.
last 'time ~ederal ~evenue S~ptember. 1~8~." City "The ~hildren o~ San Bruno
8hating dollars will be Manager Gerald Minford ~aid definitel7 bene[it" from th~
available, the San Bruno tit7 as he,et the tone for the hear- ~port~ ~gram. h~-~ ~--'
Council a~ardea SSO.SSS to lO lng. ' '" ' ,,..~,2~ ' ~/Z~J~ -
. ~ocal ~r~':, Wb~¢~3~' -'; ...... :'wh..... t~d,,=t. ~'~ ~ ~
AZ S.F. Progress Fri., Ju'ne 21, 19B5 6._.~7 ~:
ssy fi9
; ' From Page l; :*." ;". San. BrUno City' Clefk Terri
pl~tely preempted' ·'local Rasmussen said she'would
au.thority to limit terms,, and force the limitation unless and
added further that a thw. arted until a "court .of competent.
council member, or a disatisfied jurisdiction" -- meaning the
voier could sue tlie city and in- ' state supreme court -- decides
di~.idual Council -memberS...for .,':~ the .issue;.. San_Bruno. Citer.AL:
pupitivedamages on the claim torney .Ted Bressler said the
power to limit terms.
.The press reported; also,
that four members of the Vista
City Council had asked Frazee
for the bill, AB 3196,in a letter
over-all four's signatures. The
co.uncil had never voted on_
such an issue and the four
that :a limit .violates constitu- .,question is a'non-issue in 'San councit members denied the
tion,~ ,.,,,,,,e~. ^, ,h~, ,i,ht Bruno.becauie no one has con- existence of the letter...:_.~ ~:.~
tov~e~a~i~c{~'~id=(~ff~e.~ ~..~ ~: :--~ tested it or objected to.it. .. ,::... Fra~ ~i~ply ?e~. hom~-~.t~
,,. ~.. . - .. ;; .~'~.; ~:~m,~ M'mrti.mnn
XOU nave a ue[[er, cl[y= a[, .~, . . .
Mart~son, the attorneY' Who -,' ~ghly unlikely-to ever have the --
represented~id. , McClellan. .. ~in~.'~ questio, before
:.'theree ~ uch. amtm~l~ evidence'_..uommk[ee,, to winch, n na~
Vista,
aga~st itSthat it imounts to a :~'been a~gned for hearing.
"He's right on po~t." : .... C o m m i t t e e- C h a i r m an.
McClellan said she was sor~Iy :' ' losj~g cause. - ............. :-. .
tempted at the time to sue the ', It ..becomes a '~uesdon o~. Dominic Cort~e turned it.out:
fo~.~ ..other ... members, of-the .... ~9~.much money.~o,~ou w~n~ with neither support nor op-
Vis~ 't ou~' ' - . m spend to be tom you re ~Position and the fatal notatiow;
C~ v C H- Eddm
- ~,, · · that "under current la~,.:,
Nell, Mike ,Flick, Lloyd yon wrong. Martmson.sazd. .'
Hacten and Nancy Wade --'in-'
dip ally for violations.(ff her
civ ghts. '.
'_:eryone has inside them
the feeling that the dirtYdogs
can't get.away with'
Clellan said, "but r decided
that wasn't the way to do
things,"::.' . . .-. _ .......
California Attorney General
Dramatic airplane flights,.~i'general law cities are ndt.
· ~'unexpected disclosures and hot authorized lo lhnit the number.:.
charges, of backroom double-
.; de~ling all figured in the Mc-
- · Clellan case. .: · -:
· :.Members of the Vista council .;,
· ' succeeded 'in puttin~ a two- ~:~
term limit on the local ballot'
during last ~lune's presidential
· primary election~ and it passed.
of consecutive terms which city
elective officers may serve." _.:..:~
---The only exception is the
position of directly-elected
mayor. '"
The McClell.an case almost
became the decisive California
case on theissue. '
John Van de'Kamp, Legislative
Counsel Bion M. Gregory. and'
the L6~gue of California, Cities
all agreed ,with McClellan' and
Martinson: A city cannot .limit
council, terms either by a vote
of the council or by referen-
dum of voters in the city:.
.South. City's council enacted
the two-term limit on a 3-2.
vote 13 years ago, before any-
of' the present incumbents
were aboard.
San Bruno voters passed a
ballot measure enacting a two-
term limit in 1978.
on a 2-1 margin.
,~'That action followed Mc-
-Clellan's successful campaign
-- though it took 10 years -- to
create an elected mayor's posi-
tion,
"I think they'were afraid I
would run-for elected mayor."
she said. ,.' '..
Shortly before the June
vote, the local press' reported
'the League of California Cities'
opposition to a bill by
Assemblyman Robert Frazee,
who represents Vista, which
would have given, cities the
City. resident
n med tO"comrnittee
Mario Panoringanof Daly Ci- Spanish Speaking- community;
ty has been selected to re~..~- Claire D'Amico of South San
-,,-t ~.~ian Citizens on th~.'S~ .. Francisco representing the
' ' /_/~ Z/~g "-~Business community; Ernest
Armed with the decision by.
Superior Court Judge Fiorello ",
Lopardo '~ whom IviartiUson.._____ _....:~.
brightest judges around" "'
.r' tl ILl{
McClellan and Martinson leaP?
frogged district court and went~' ; -. ,. -,i' .
directly to -the Calffornia~ ,j ~ Frompa~.el.
Supreme Court in San Fran, care study, of "{at
cisco when the Vista counciL., children;"
readied itself to appeal Lopar~i. 'Capuchino High
do's ~vrit in a louver court. $2,700 for physical firm
- Lower court hearings would
have achieved, the council's in-
tent simply by dragging out the
issue beyond the election date,
Martinson said.'
But the city withdrew before'
the supreme cburt-heard the
arguments.
The irony of it is that Vista's
22,000 registered voters over-
.whelmingly enacted the hvo-
term limit, overmvhelmingly'
returned .McClellan to office
~vhen.she successfully challen§.-,.
ed it, 're-elected the two in;
.'cumbeut.s_mvho were', up for
.' · -,A..i;ame tin~'she wa8
tions;
*Art-Rise, $4,500
'microcomputer and $5,1
relocation if it moves
Bruno;
*Center for Independ
the Disabled, Inc.. $4,60
*Homesharing Help
formation Program, $1
*Friends to Parents,
for refrigerators;
*North San Mat~
Center for the Arts,
thei/' "Toys and 'I
Christmas exhibit, this
Skyline College;/
...... CITY ATTORNEY
10. Staff Report - Continued.
CITY ATTORNEY
Discussion followed: that the Ordinance
was preempted by State law; the home rule
vs. the State rule; liability associated
with a challenge of the two term limit on
Councilmembers; that Councilman Damonte
was the only person who could at the pre-
sent time challenge the Ordinance; that
Councilman Damonte had gone on record
that he was not going to run for a third
term; violation of civil rights; that the
motive behind the Ordinance had been to
encourage new people to run for Council;
that at the present time there was no
danger of liability due to the restric-
tion; that the Ordinance should stay on
the books until two years hence when it
again could be challenged and deal with
it then; that Councilman Nicolopulos felt
three things had to occur: 1) a
challenge; 2) litigation must proceed;
and 3) there must be a final deter-
mination by a ruling Court; that because
the City Attorney gave a legal opinion on
something does not necessarily say that
the test still must be determined by
Court of competent jurisdiction; that
Councilman Nicolopulos wanted the record
to reflect that he would be open to re-
evaluation of his decision when and if a
challenge occurs; that Councilman
Damonte felt that the whole issue was
premature in that he was not going to
pursue a third term; that a higher Court
case had never made a determination on
this issue; that McClellan vs. City of
Vista case was decided in the Superior
Court and was only binding on the City of
Vista; the 1st and 14th Amendments;
requirements in the State Code to run for
the office of Council, City Clerk and
City Treasurer; Federal requirements for
elected office; that the City Attorney
felt that if this matter was challenged
the City would lose the case on pre-
emption; whenever such a restriction pre-
sented a barrior to the candidacy was
described as a non-insubstantial segment
of the community and limits the voters of
their choice of candidates; whether the
City should become a Charter City vs. a
General Law City; the jeopardy in per-
sonal risk to the Council, as well as to
6/26/85
Page 7
A G E N D A A C T I O N T A K E N ~I 3?3
CITY ATTORNEY
10. Staff Report - Continued.
CITY CLERK
11.
Staff Report 6/26/85 recommending:
a) Adoption of a Resolution which
declares the date of the Municipal
Election of 11/5/85; b) Adopt a
Resolution requesting election ser-
vices from the County Clerk and
contains a service agreement.
a)
A RESOLUTION DECLARING THE DATE
OF THE MUNICIPAL ELECTION FOR
1985, ORDERING THE PUBLICATION
OF A NOTICE OF ELECTION AS
REQUIRED BY THE ELECTIONS CODE
AND ESTABLISHING THE HOURS
DURING WHICH THE POLLS SHALL
BE OPEN
b)
A RESOLUTION REQUESTING COUNTY
CLERK OF SAN MATEO COUNTY TO
RENDER SPECIFIED ELECTION
SERVICES
CITY ATTORNEY
them as individuals, by a challenge of
this Ordinance; that Mayor Pro Tem Teglia
wanted to go on record that the Council
did not have her permission to violate
any person's rights, etc.
Councilman Addiego stated that he
believed that the City Attorney was
correct in reference to the pre-emption
of State law and stated his reasons for
not acting on this issue tonight: he
believed in the spirit of the law; that
if someone was to challenge the
Ordinance he would move hastily to have
the Ordinance removed from the books to
allow the City Clerk to do her duties;
he felt it should be an issue when it was
challenged so the public can weigh the
issue.
Mayor Pro Tem Teglia called for the vote
on the Motion that the City Attorney be
directed to prepare an Ordinance
repealing the sections that are under
consideration here.
The Motion failed by a majority roll call
vote, Teglia voted yes.
CITY CLERK
M/S Damonte/Addiego - To adopt the
Resolution calling the Election.
RESOLUTION NO. 129-85
Carried by unanimous voice vote.
M/S Damonte/Addiego - To adopt the
Resolution calling for services from the
County Clerk.
RESOLUTION NO. 130-85
Carried by unanimous voice vote.
6/26/85
Page 8
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT AND ADMINISTRATION
18.
Staff Report 6/26/85 recommending
adoption of a Resolution deter-
mining unpaid assessments and pro-
viding for issuance of bonds for
the Gateway Assessment District No.
ST-82-2.
A RESOLUTION DETERMINING UNPAID
ASSESSMENTS AND PROVIDING FOR
ISSUANCE OF BONDS - SECOND SALE -
THE GATEWAY ASSESSMENT DISTRICT NO.
ST-82-2
A RESOLUTION AWARDING SALE OF
BONDS (SECOND SALE) - THE GATEWAY
ASSESSMENT DISTRICT NO. ST-82-2
12.
Staff Report 6/26/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance on amusement
arcades in theatres in a PCM Zone.
2nd Reading/Adoption
AN ORDINANCE ADDING SECTION
20.66.050I TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE (USES
PERMITTED IN PCM ZONE)
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Mr. Jorgen Neilson, Jones, Hall, Hill and
White, stated that his firm was acting as
bond counsel to the City for the Gateway
Assessment District No. ST-82-2. He
stated that the first Resolution dealt
with the determination of unpaid
assessments and the issuance of bonds.
He stated that the new Resolution passed
out this evening on unpaid assessments
changed page 11 to read 120 days rather
than 150 days and had attached to it a
completed Exhibit B.
He stated that this morning's bond sale
had a low bid by M. L. Sterm - Smith Barney
Harris Upham for a net interest rate of
8.888641% and that the second Resolution
would award this sale.
Miss Stovall, Bartle Wells Assoc., stated
that three bids had been received for the
Series B issue which ranged from a high
bid of 9.1145 to a low bid of 8.888641%.
M/S Addiego/Damonte - To adopt the
Resolution with the wordage on page 11
reading 120 days.
RESOLUTION NO. 131-85
Carried by unanimous voice vote.
M/S Addiego/Nicolopulos - To adopt the
Resolution awarding the bond sale to M.
L. Stern, et al for $5,746,680 1915 Act
Improvement Bonds.
RESOLUTION NO. 132-85
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
City Attorney Rogers stated that some
clerical errors had been corrected in the
Ordinance.
M/S Addiego/Nicolopulos - To waive
further reading of the Ordinance.
Carried by unanimous voice vote.
6/26/85
Page 9
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT AND ADMINISTRATION
12.
Staff Report - Continued.
13.
Staff Report 6/26/85 recommending
by Motion to set a Public Hearing
date to consider the report of
sewer rental charges for 1985-86.
15.
Staff Report 6/26/85 recommending
adoption of a Resolution approving
the Operating Budget and the
Revenue Sharing Budget for Fiscal
Year 1985-86.
A RESOLUTION APPROVING THE
OPERATING BUDGET AND THE REVENUE
SHARING BUDGET FOR FISCAL YEAR
1985-86
RECESS:
RECALL TO ORDER:
16.
Staff Report 6/26/85 recommending
by Motion to approve the Tentative
Subdivision Map SA-85-89/Carter
Park I to create a three-lot con-
dominium project with fifty resi-
dential units, related common
COMMUNITY DEVELOPMENT AND ADMINISTRATION
M/S Addiego/Nicolopulos - To adopt the
Ordinance.
ORDINANCE NO. 984-85
Carried by unanimous voice vote.
Director of Finance Lipton stated that
with the inter-action of setting the new
rates and the possible cancellation of
the 7/24/85 Council meeting there was not
sufficient time for legal notices to be
published; and requested the Council set
8/~/85 as a Public Hearing date.
M/S Addiego/Damonte - To set 8/7/85 as a
Public at Hearing date at 7:30 p.m. in
the Municipal Services Building.
Carried by unanimous voice vote.
City Manager Birkelo stated that there
would be meet and confer sessions with
labor for the contemplation of
contracting out the maintenance of
medians which was an item in the
Operating Budget.
Councilman Nicolopulos stated that he was
concerned about finishing the restoration
of City Hall.
M/S Damonte/Addiego - to adopt the
Resolution.
RESOLUTION NO. 133-85
Carried by unanimous voice vote.
Mayor Pro Tem Teglia declared a recess at
9:03 p.m.
Mayor Pro Tem Teglia recalled the meeting
to order at 9:16 p.m., all Council pre-
sent.
City Planner Maureen Morton stated that
the Planning Commission had approved the
use permit and recommended that the
Council approve the Tentative Subdivision
Map.
6/26/85
Page 10
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT AND ADMINISTRATION
16. Staff Report - Continued.
facilities, parking and landscaping
on property located on the west
side of Carter Drive between
Kilconway Lane and Cromwell Row
(Geortom, Inc. and San Mateo
Development Company).
17.
Staff Report 6/26/85 recommending
by Motion to approve the Tentative
Subdivision Map SA-85-90/Carter
Park II to create a five lot con-
dominium project with eighty-four
residential units, related common
facilities, parking and landscaping
on property located on the north
side of Carter Drive between
Callan Boulevard and Shamrock Court
(Li Shan Investment/Michael Callan,
Applicant).
18a.
Adoption of a Resolution author-
izing extension of the Ground
Lease and site Preparation
Agreements for the Price Co.
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF AN AGREEMENT
EXTENDING THE TIME LIMITS FOR
OBTAINING GOVERNMENT APPROVALS
UNDER PARAGRAPH 1.D. OF THE
SITE PREPARATION AGREEMENT
BETWEEN THE PRICE COMPANY AND
THE CITY OF SOUTH SAN FRANCISCO
FROM JUNE 26, 1985 TO SEPTEMBER
30, 1985
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Mr. John Callan, 82 Isabella, Atherton,
introduced his staff who gave an in-depth
presentation of the conceptual plans for
Carter Park I and Carter Park II.
Discussion followed: responsibility for
maintenance of the condos; the homeowners
association; a meeting room for Carter
Park I; the Developers obligation to pay
homeowners assessment on unsold property;
that Carter I had two phases; that Carter
II had four phases; that Mayor Pro Tem
would rather see one phase for each
Project; the cost of the amenities; that
the use permit cost impose a restriction
on a new owner that does not comply with
the approved map, etc.
M/S Nicolopulos/Addiego - To approve the
Tentative Subdivision Map SA-85-89/Carter
Park I subject to the conditions and fin-
dings in the staff report.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To approve the
Tentative Subdivision Map SA-85-90/Carter
Park II subject to conditions and fin-
dings in the staff report and the addi-
tion of condition No. 10 "A provision for
the use of a meeting room by Carter Park
I shall be included in the CC&Rs for the
Project.
Carried by unanimous voice vote.
M/S Damonte/Addiego - To adopt the
Resolution.
RESOLUTION NO. 134-85
Carried by unanimous voice vote.
6/26/85
Page 11
AGENDA ACTION TAKEN
POLICE
19.
Staff Report 6/26/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance designating
holidays for vehicle and traffic
enforcement. ~:~
2nd Reading/Adoption
ORDINANCE AMENDING SECTION 2.11 OF
ORDINANCE NO. 491 AND SECTION
11.04.120 OF THE MUNICIPAL CODE OF
THE CITY OF SOUTH SAN FRANCISCO
DESIGNATING HOLIDAYS FOR VEHICLE
AND TRAFFIC ENFORCEMENT
TECHNICAL AND MAINTENANCE SERVICES
20.
Staff Report 6/26/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance on Produce
Avenue Underground Utility District
No. 2.
2nd Reading/Adoption
AN ORDINANCE ORDERING REMOVAL OF
OVERHEAD STRUCTURES, WIRES AND
FACILITIES AND INSTALLATION OF
UNDERGROUND WIRES AND FACILITIES IN
THE PRODUCE AVENUE UNDERGROUND
UTILITY DISTRICT NO. 2
21. Public Hearing - Amendment of
Sewer Service Charges for 1985-86.
Staff Report 6/26/85 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to waive
further reading of the Ordinance;
4) Motion to introduce the
Ordinance establishing sewer
charges for 1985-86. ~<r-~:~
1st Reading/Introduction
AN ORDINANCE ESTABLISHING SEWER
CHARGES AND PROCEDURES RELATED
THERETO AND AMENDING ORDINANCE NO.
396, AS AMENDED, AND CHAPTER 14.12
OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE
POLICE
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Nicolopulos/Addiego - To waive
further reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To adopt the
Ordinance.
ORDINANCE NO. 985-85
Carried by unanimous voice vote.
TECHNICAL AND MAINTENANCE SERVICES
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Nicolopulos/Addiego - To waive
further reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To adopt the
Ordinance.
ORDINANCE NO. 986-85
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
Mayor Pro Tem Teglia opened the Public
Hearing.
City Attorney Rogers stated that this
Ordinance would set the rates for
effluents.
Deputy City Manager/City Engineer Yee
stated that the rates had not been
increased since 1980 and that the $5.00
increase would take care of anticipated
improvements at the Plant.
Mayor Pro Tem Teglia asked those wishing
to speak for or against the new rates to
step to the dais - no one chose to speak
6/26/85
Page 12
AGENDA ACTION TAKEN
...........
TECHNICAL AND MAINTENANCE SERVICES
21. Staff Report - Continued.
22.
Hearing - Show Cause Hearing
regarding violations of Chapters
14.04 and 14.08 of the South San
Francisco Municipal Code occurring
at 1410 E1 Camino Real South San
Francisco, California - continued
from 5/8/85, 5/13/85, 5/22/85 and
6/12/85 meetings.
ITEMS FROM STAFF
23.
Status Report Aircraft Noise
Insulation Program Project No.
PB-83-5.
ITEMS FROM COUNCIL
24.
Consideration of the adoption of a
Resolution in support of PG&E's
position on relicensing of hydro-~
electric facilities. ~-~
A RESOLUTION SUPPORTING H.R. 44
AND S.426, THE "ELECTRIC CONSUMERS
PROTECTION ACT OF 1985"
24a. Discussion of Employee Recognition
Program.
TECHNICAL AND MAINTENANCE SERVICES
and she closed the Public Hearing.
M/S Nicolopulos/Damonte - To waive
further reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Damonte - To introduce
the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Addiego - To continue the
item to 7/10/85 meeting.
Carried by unanimous voice vote.
ITEMS FROM STAFF
Deputy City Manager/City Engineer Yee
stated that he had issued a notice to
proceed for both schools which would take
90 days to complete. He stated that the
notice to proceed for the twelve homes
would be issued within two or three days.
He stated that he had met with staff of
San Francisco and had been told that
escrow was being opened for their 20%.
ITEMS FROM COUNCIL
M/S Addiego/Damonte - To adopt the
Resolution.
RESOLUTION NO. 135-85
Carried by unanimous voice vote.
Mayor Pro Tem Teglia stated that she had
met with the members of the Committee and
there was a need for the Council to
approve the expenditures of $500 to hold
Great America on 9/15/85 for City
employees and their families. She stated
6/26/85
Page 13
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
24a. Discussion of Employee Recognition
Program - Continued.
GOOD AND WELFARE
CLOSED SESSION
25.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and
litigation.
Mayor Haffey Arrived:
RECALL TO ORDER:
ADJOURNMENT
RESPECTFULLY SUBMITTED:
~Battaya,~
Barbara A.
City of South San Francisco
ITEMS FROM COUNCIL
that the cost was $14.60 for admission
and lunch and that the City would pay
$7.60 for each employee and their family.
Consensus of Council - To expend $500 of
funds for the Employee Recognition
Program.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at
11:00 p.m. to discuss the items noticed
as well as litigation: Patel vs. the City
54956.9C; consideration of a suit against
a contractor; potential action of which
the name was not released; potential suit
against Star.
Mayor HaffeY arrived at 11:08 p.m.
Mayor Haffey r'ecalled the meeting to
order at 12:25 a.m., all Council present,
no action taken.
M/S Teglia/Nicolopulos - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment 12:26 a.m.
APPROVED:
City of South San
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 are
available for inspection, review and copying.
6/26/85
Page 14