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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