HomeMy WebLinkAboutMinutes 1987-01-28 Mayor Mark N. Addiego
Vice Mayor John "Jack" Drago
Counci 1:
Ri chard A. Haffey
- Gus Nicolopulos
Roberta Cerri Teglia
C~ty Council
Municipal Services Building
Community Room
January 28, 1987
AGENDA
ADJOURNED REGULAR MEETING
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
CLOSED SESSION
Closed Session for the purpose of the
discussion of personnel matters,
labor relations and litigation.
RECALL TO ORDER:
ADJOURNMENT:
ACTION TAKEN
ADJOURNED REGULAR MEETING
7:10 p.m. Mayor Pro Tem Drago presiding.
Council present:
Council absent:
Halley, Nicolopulos,
Teglia, and Drago.
Addiego.
Mayor Pro Tem Drago stated that Mayor
Addiego would not be in attendance at
tonight's meeting due to a death in the
family.
CLOSED SESSION
Council adjourned to a Closed Session at
7:11 p.m., to discuss the items noted,
and the case of Scafani vs. the City of
South San Francisco; and Claims for
Tinmet and ConAgra.
Mayor Pro Tem Drago recalled the meeting
to order at 7:40 p.m., all Council pre-
sent, no action taken.
M/S Teglia/Haffey - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment 7:41 p.m.
RESPECTFULLY SUBMITTED,
B~aya~, Clerk~
City of South San Francisco
APPROVED.
Mark~l. Addie~o, Mayor
City of South San Francisc~o
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.
1/28/87
Page i
Mayor Mark N. Addiego
Vice Mayor John "Jack" Drago
Counci 1:
Ri chard A. Haffey
Gus Nicol opulos
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
January 28, 1987
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE
INVOCATION
--PRESENTATIONS
PROCLAMATION - YEAR OF THE READER
AGENDA REVIEW
Mayor Pro Tem Drago Requested:
- That Item No. 11 be continued.
ORAL COMMUNICATIONS
ACTION TAKEN
7:42 p.m. Mayor Pro Tem Drago presiding.
Council present:
Council absent:
Haffey, Nicolopulos,
Teglia, and Drago.
Add i ego.
Mayor Pro Tem Drago stated that Mayor
Addiego would not be in attendance at
tonight's meeting due to a death in the
family.
The pledge of allegiance was recited.
Reverend Steve Martin, Hillside Church of
God, gave the invocation.
PRESENTATIONS
Councilman Nicolopulos read the
Proclamation aloud, and presented it to
City Librarian Goodrich.
Mayor Pro Tem Drago stated that during
the recess a special slide show would be
televised on the Project Read for the
community.
City Librarian Goodrich introduced the
new Librarian George Glushenok.
AGENDA REVIEW
City Manager Birkelo stated that he had
nothing to delete or add to the Agenda.
So ordered.
ORAL COMMUNICATIONS
Mr. Alvaro Bettucchi, 609 Rocca Ave.,
spoke of the International Sporting Event
that would take place on 9/27/87, because
of the many events taking place in
October the date had been changed. He
stated that twenty people from Lucca,
1/28/87
Page I
AGENDA
ACTION TAKEN
ORAL COMMUNICATIONS
ORAL COMMUNICATIONS
Italy, would be in attendance for the
event and would be hosted by local
families for fourteen days. He requested
a street be named after Lucca for the
event that day.
Mr. Tom Sabbadini, 140 Merced Dr., San
Bruno, stated that he was part-owner of
480 Littlefield Dr., and was affected by
the Zoning Ordinance that changed the use
of his property. He stated that a pro-
posed tenant with a diesel service busi-
ness was being precluded from obtaining a
use permit from the City.
He stated the following which he felt
germane to the issue: the property was
6/10 of an acre; had two buildings on the
property that were prefabricated steel;
that the building was constructed in 1960
for heavy industrial purposes, and had
been used for that purpose through 1977;
that for the last six years the property
had been used for heavy equipment sales,
and the repair of heavy drilling rigs;
that the building has water pipes
throughout and was set up for an
overhead crane; that the building had
been set up for heavy industrial and
manufacturing uses, etc.
He stated that he believed that the
Ordinance was passed by the Council to
improve zoning conditions, however, it
should not be at the detriment of the
small property owner. He stated that the
Ordinance had deprived him of the full
use of his property, which had been
designed for heavy industrial and the
Ordinance precluded that use.
He stated that he had been told by the
Planning Department that if he didn't
like the new zoning he could always sell
the property - which he did not feel was
an appropriate comment to a property
owner.
He stated that he and his family had
occupied the premises since 1960, had
/28/~7
age z
AGENDA
~" ORAL COMMUNICATIONS
ACTION TAKEN
ORAL COMMUNICATIONS
supported and pioneered the City. He
offered the following solutions:
amend the Zoning Ordinance to zone his
property as M-l; grandfather the pro-
perty into the Zoning Ordinance as having
been in operation over ten years; direct
the Planning Commission to concur in a
use permit for the diesel service use.
Mayor Pro Tem Drago referred the concerns
to the Planning Staff and directed that
the matter be considered at the next
Council meeting.
Councilwoman Teglia stated that if the
General Plan was adversely affecting Mr.
Sabbadini, a planning report should be
made to see if the Council can change the
document.
Mr. Sabbadini stated that timing was cru-
cial, and he needed positive action
before March in order not to lose his
tenant.
City Manager Birkelo stated that he would
be happy to meet with Mr. Sabbadini
tomorrow to discuss the matter.
Mr. Steve Eftimiou stated that he was the
owner of the diesel service, and starting
soon would be a resident and a home
owner. He stated that he had a trucking
business with many of his accounts
on the other side of the freeway, and
this was the industrial City. He
stated that the building he presently
occupied at 15 South Maple he had
outgrown, and this location was the
only one that would accommodate his busi-
ness needs. He stated that he didn't
want to leave South San Francisco because
the trucking business was here, yet all
he was hearing was we don't want you
here.
Councilman Halley stated that the Council
did want Mr. Eftimiou's business, and
that he should attend the meeting
tomorrow with the City Manager - where if
/28/87
age J
AGENDA
ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
1. Approval of the Minutes of the
Regular Meeting of 1/14/87.
®
Staff Report 1/28/87 recommending
by Motion that the City Council
deny and refer the following
claims against the City to the
Insurance Adjuster and the City
Attorney:
ae
Claim as filed by Mae Galli
alleging an unsafe condition of
City property.
be
Claim as filed by Kimberly
Rantissi alleging an incon-
venience.
Staff Report 1/28/87 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bids
for the Oyster Point Boulevard
Sewer Improvement/Duval and
ORAL COMMUNICATIONS
nothing else perhaps another location
could be found for the business.
Director of Planning Smith stated that a
truck repair business was an allowed use
in the City, but not in the zoning of Mr.
Sabbadini's property.
Mr. Eftimiou stated that Mr. Sabbadini's
property was perfect for his needs, in
that it was a warehouse, and it would not
be suitable for high-tech or office use.
COMMUNITY FORUM
Councilman Nicolopulos questioned when
appointments would be made to the vacan-
cies on various Boards and Commissions,
in that some had been open since 1984.
Mayor Pro Tem Drago stated that he would
try to set a meeting date at the next
meeting when the Mayor returned.
CONSENT CALENDAR
Approved.
So ordered.
1/28/87
Page 4
AGENDA
ACTION
TAKEN
000; 83
CONSENT CALENDAR
3. Staff Report - Continued.
Bradford Sewer Improvement
Project No. SS-86-1/SS-83-6.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
OYSTER POINT BOULEVARD SEWER
IMPROVEMENT PROJECT NO. SS-86-1
AND DUVAL AND BRADFORD IMPROVEMENT
PROJECT NO. SS-83-6
Staff Report 1/28/87 recommending
adoption of a Resolution author-
izing execution of an Agreement
with Wilson, Irhi9 & Assoc., Inc.
to provide Acoustical,
Architectural and Construction
Management for the Aircraft Noise
Insulation Program - Phase II,
Project No. PB-83-5.
A RESOLUTION AUTHORIZING EXECUTION
OF CONSULTANT SERVICES AGREEMENT,
PUBLIC WORKS, FOR ARCHITECTURAL
AND CONSTRUCTION MANAGEMENT
SERVICES IN CONNECTION WITH THE
AIRCRAFT NOISE INSULATION PROJECT
NO. PB-83-5, PHASE II
®
Staff Report 1/28/87 recommending
adoption of a Resolution designa-
ting the intersection of Dollar
Avenue and Tanforan Avenue as an
intersection at which vehicles are
required to stop before entering.
A RESOLUTION AMENDING RESOLUTION
NO. 3812, AS AMENDED, WHICH ESTA-
BLISHES CERTAIN TRAFFIC REGULATIONS
IN ACCORDANCE WITH CHAPTER 11.28 OF
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE
Staff Report 1/28/87 recommending
adoption of a Resolution appointing
the City Attorney as Risk Manager
and detailing settlement authority
CONSENT CALENDAR
RESOLUTION NO. 5-87
RESOLUTION NO. 6-87
RESOLUTION NO. 7-87
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
1/28/87
Page 5
AGENDA
.... CONSENT CALENDAR
6. Staff Report - Continued,
parameters.
A RESOLUTION APPOINTING THE CITY
ATTORNEY AS RISK MANAGER AND
DETAILING SETTLEMENT AUTHORITY
PARAMETERS
Staff Report 1/28/87 recommending
adoption of a Resolution approving
an Operating Agreement with
Security Pacific National Bank for
financial leveraging and loan pro-
cessing services in connection with
the City's Community Development
Block Grant Housing Rehabilitation
Program and the HUD Rental
Rehabilitation Program Agreement
for Banking Loan Services for
the Housing and Rental
Rehabilitation Program.
A RESOLUTION AUTHORIZING AN
AGREEMENT FOR BANKING LOAN SERVICES
FOR THE HOUSING AND RENTAL
REHABILITATION PROGRAMS
Staff Report 1/28/87 recommending
adoption of a Resolution appointing
the City Attorney as Risk Manager
and detailing settlement authority
parameters.
A RESOLUTION APPOINTING THE CITY
ATTORNEY AS RISK MANAGER AND
DETAILING SETTLEMENT AUTHORITY
PARAMETERS S~-
ACTION
TAKEN
O00 S4
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
M/S Haffey/Teglia - To approve the
Consent Calendar with the exception of
items No. 6 and 7.
Carried by unanimous voice vote.
Councilman Nicolopulos commended the City
Attorney on the documentation, but
questioned why the $10,000 amount
authorization to settle claims.
City Attorney Armento stated that State
Law authorized up to $20,000; that the
previous Council had authorized $5,000;
and she felt that $10,000 was reasonable.
Mayor Pro Tem Drago commended the City
Attorney on her work in the past six
months.
M/S Haffey/Teglia - To adopt the
Resolution.
1/28/87
Page 6
AGENDA
ACTION TAKEN
-- 6. Staff Report - Continued.
Staff Report 1/28/87 recommending
adoption of a Resolution approving
an Operating Agreement with
Security Pacific National Bank for
financial leveraging and loan pro-
cessing services in connection with
the City's Community Development
Block Grant Housing Rehabilitation
Program and the HUD Rental
Rehabilitation Program Agreement
for Banking Loan Services for
the Housing and Rental 5~
Rehabilitation Program.
A RESOLUTION AUTHORIZING AN
AGREEMENT FOR BANKING LOAN SERVICES
FOR THE HOUSING AND RENTAL
REHABILITATION PROGRAMS
APPROVAL OF BILLS
8. Approval of the Regular Bills of
1/28/87. b'OI9
CITY ATTORNEY
Staff Report 1/28/87 recommending
adoption of a Resolution which
authorizes a Settlement Agreement
between ConAgra, Inc., the State
Lands Commission, and the City of
South San Francisco.
A RESOLUTION AUTHORIZING A ~
SETTLEMENT AGREEMENT BETWEEN
CONAGRA, INC., THE STATE LANDS
COMMISSION, AND THE CITY OF SOUTH
SAN FRANCISCO
RECESS:
RESOLUTION NO. 8-87
Carried by unanimous voice vote.
Councilman Nicolopulos questioned how
many banks had responded to the loan ser-
vices agreement.
Director of Recreation & Community
Development Norton stated four responded,
one of which was late, after all banks in
the City had been contacted.
M/S Nicolopulos/Haffey - To adopt the
Resolution.
RESOLUTION NO. 9-87
Carried by unanimous voice vote.
Mayor Pro Tem Drago questioned if the
City Treasurer had been involved in the
process.
City Manager Birkelo responded that no,
her job was the investment of surplus
funds.
APPROVAL OF BILLS
M/S Teglia/Haffey - To approve the
Regular Bills of 1/28/87, in the amount
of $1,203,146.61.
Carried by unanimous voice vote.
CITY ATTORNEY
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 10-87
Carried by unanimous voice vote.
Mayor Pro Tem Drago declared a recess for
the TV viewing of the Project Read
Program at 8:20 p.m.
1/28/87
Page 7
AGENDA
RECALL TO ORDER:
CITY ATTORNEY
10.
Staff Report 1/28/87 recommending:
a) Motion to waive full reading of
the Ordinance; 2) Motion to adopt
the Ordinance concerning sm°kin~l~l
regulations in the workplace. ~
1st Reading/Introduction
AN ORDINANCE ADDING CHAPTER 8.50 TO
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE TO REGULATE SMOKING
ACTION
TAKEN
O00; G
Mayor Pro Tem Drago recalled the meeting
to order at 8:34 p.m., all Council
present.
CITY ATTORNEY
City Clerk Battaya read the title of the
Ordinance in its entirety.
City Attorney Armento stated that the
document was a consolidation of both the
Sunnyvale and model smoking ordinance, as
put out by the Health Alliance, that
would regulate smoking throughout the
City.
She proceeded to describe the particulars
in the Ordinance governing smoking and
non-smoking areas in the City.
Mr. S. N. Benson, 805 Ridge Court, stated
that he was interested in the rights of
non-smokers, and encouraged the Council
to act on the Ordinance.
Ms. Marilyn Isaacs stated that she was a
member of the Health Alliance, and
congratulated the City Attorney on the
manner in which she had prepared the
draft ordinance. She stated that it was
the most clearly written ordinance she
had ever read, and believed there would
not be problems in its enforcement.
Councilman Nicolopulos stated that he had
been depicted as being in opposition to
the ordinance, which was not the case,
however, he wanted more time to allow
input from the community. He stated that
he had asked for some statistics from
other cities that had passed the ordi-
nance to see its effectiveness - however,
none had been forthcoming. He stated
that he had also requested cost figures
for implementation of the non-smoking
areas to be posted, which again he had
not received.
City Attorney Armento stated that she was
not aware of any data in relation to
costs, and if there was concern about
public input - she had only received two
AGENDA
ACTION
TAKEN
000 ?
CITY ATTORNEY
10. Staff Report - Continued.
CITY MANAGER
11.
Staff Report 1/28/87 recommending:
a) Motion to waive full reading of
the Ordinance; 2) Motion to adopt
the Ordinance concerning the duties
and responsibilities of the City
Manager.
2nd Reading/Adoption
AN ORDINANCE AMENDING CHAPTERS
2.36, 3.04, 3.24, AND 3.28 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
CONCERNING THE DUTIES AND RESPON-
SIBILITIES OF THE CITY MANAGER
ITEMS FROM STAFF
CITY ATTORNEY
phone calls on the ordinance. She stated
that the Chamber of Commerce would not be
putting a notice in their bulletin to
alert the membership until 2/10 or 2/11,
however, they did not take a position on
the subject.
Councilwoman Teglia suggested that the
City Attorney write a brief summary of
the ordinance that the Chamber of
Commerce could use in its February
bulletin.
Councilman Haffey pointed out that an
ordinance required two readings, and if
the ordinance was introduced tonight
there would still be time for input at
the next meeting.
M/S Haffey/Teglia - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Haffey/Teglia - To introduce the
ordinance.
Carried by unanimous voice vote.
CITY MANAGER
Continued to the 2/11/87 meeting under
Agenda Review.
ITEMS FROM STAFF
No one chose to speak.
1/28/87
Page 9
AGENDA
ACTION TAKEN
ITEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
12.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
ADJOURNMENT:
ITEMS FROM COUNCIL
Councilman Haffey spoke of a meeting with
staff, the subcommittee, and the property
owners to discuss property acquisition of
land surrounding Orange Park, and the
subsequent problems with financing.
He stated that the subcommittee would
meet with staff next week on their goals
and objectives.
Councilwoman Teglia requested that
Council waive the use permit fee for the
Cancer Society for their retail operation
on Grand Avenue.
Mayor Pro Tem Drago questioned if that
could be done administratively, rather
than by Council action.
City Attorney Armento stated that it
could be handled administratively, if the
City Manager was so directed.
Consensus of Council - To direct the City
Manager to waive the use permit fee for
the Cancer Society.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council chose not to hold a Closed
Session.
M/S Teglia/Haffey - To adjourn the
meeting.
Carried by unanimous voice vote.
Time of adjournment 9:04 p.m.
1/28/87
Page 10
AGENDA
ACTION
TAKEN
RESPECTFULLY SUBMITTED,
~atta~ya ,~
City of South San Francisco
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 are
available for inspection, review and copying.
1/28/87
Page 11