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HomeMy WebLinkAboutMinutes 1976-12-15REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD DECEMBER 15, 1976 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE TO FLAG: INVOCATION: ROLL CALL:. AMERICAN CANCER SOCIETY BIKE-A-THON AWARDS APPROVAL OF BILLS._ DECEMBER 15, 1976 7:30 PM. West Orange Avenue Library Auditorium. The meeting was called to order by Mayor Padreddii at 7:35 PM. The Pledge of Allegiance to the Flag was recited. The Invocation was given by the Reverend Jacqueline Meadows of St. Paul's Methodist Church. Mayor Padreddii at this time extended to everyone a Merry Christmas and Happy New Year. Present: Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Absent: None. The Mayor announced that prior to proceeding on with the agenda, the South San Francisco Chapter of the American Cancer Society would present awards for the first annual Bike-A-Thon. He called on Vice Mayor Damonte, Chairman of the Cancer Society, who commented on the purpose of the Bike-A-Thon and the funds which had been raised. Vice Mayor Damonte then introduced Mrs. V~lerie Lambertson who thanked Councilman Borba for the donation of the trophies, after which she made presentation to the winners. .Councilman Borba stated, "Before the motion is made I would like to refrain on voting on the following due to the fact that I do business with the following companies." Adam-Hill Company Bergesen Electric Berkey Film Processing Cap Concrete, Inc. APPROVAL OF BILLS-- City Grille & Radiator Shop Inc. DECEMBER 15, 1976 Cresta Bros. Auto Parts Custom Office Supply Company Don & Jerry's Early American Paint & Varnish Company Enterprise Journal First American Title Insurance Company Goodall Rubber Company B. F. Goodrich Lowrie Paving Company, Inc. Marshall Newell Supply Company Maryatt Industries Meehan Battery Company Oliver's Auto Parts Olympian Oil Company Pump Repair Service Company Renstrom Gear & Machine Works South City Sheet Metal Works, Inc. Tillo Products Company Xerox Corporation Ella H. Yamas Mayor Padreddii called for a motion to approve the claims deleted from the original list. Councilman Damonte moved, seconded by Councilman Mirri and regularly carried. Councilman Borba stated, "Mr. Mayor I want the record to show that I did not participate in the vote." Mayor Padreddii ordered the claims amended to delete the claims listed by Councilman Borba and called for a motion to approve the claims as amended. Councilman Borba so moved, seconded by Councilman Damonte and regularly carried. APPROVAL OF MINUTES. NOVEMBER 17, 1976 Mayor Padreddii asked if there was a motion approving the Minutes of the Regular Meeting of November 17, 1976. Councilman Borba moved, seconded by Councilman Damonte and regularly carried that the Minutes of the Regular Meeting of November 17, 1976 be approved as submitted. EXECUTIVE PERSONNEL SESSION Mayor Padreddii recessed the meeting at 7:48 PM to an Executive Personnel Session. The City Clerk was excused from attending. The meeting was recalled to order by Mayor Padreddii at 7:50 PM with all Council present. 12/15/76 Page 2 APPOINTMENT OF CITY MANAGER RECESS: RECALL TO ORDER:. ADMINISTRATIVE SERVICES ORD. NO. 723-76 AMENDING BUSINESS LICENSE ORD. 720-76 2nd Reading/Adoption 7 7 Mayor Padreddii stated, "Let the record show that Council was in Executive Session to discuss the new City Manager. A roll call was taken and by unanimous vote the new City Manager will be Mr. Walter Birkelo." Mayor Padreddii then called on Mr. Birkelo who thanked Council for the confidence placed in him, stating he was aware of the responsibilities and would assist Council in policy making decisions and municipal operations. Mayor Padreddii recessed the meeting at 7:57 PM. The meeting was recalled to order by Mayor Padreddii at 8:12 PM with all Council present. Staff Report, dated December 15, 1976, recommending that Council read for the second time and adopt an ordinance amending the Business License Ordinance to redefine "Peddler" and modify the license tax for "Pawnbroker." Councilman Battaglia stated that he had received a request for another change in the Business License Ordinance as it affected employment agencies who under the old ordinance were paying $50 and that the new rate was set at $100. He suggested that the rate remain at $50. At the request of Mayor Padreddii, the Acting Finance Director explained how the fees were arrived at in accordance with the classification. Discussion followed at which time the Acting City Manager recommended that Council adopt the ordinance this evening and at the next meeting adopt an amending ordinance for this change. This was concurred in by the City Attorney who explained that if the ordinance presently before Council was for first reading and introduction the amendment could be made. Discussion followed concerning other requests for changes to which the Acting City Manager recommended that the cut off date be established as of tonight and that others received be accumulated between now and July, 1977. Councilman Mirri then moved that December 15 be set as the deadline date for appeals to the Business License Tax. The Acting City Manager then commented that a report would be prepared in July and changes made in January, 1978. Councilman Battaglia seconded the motion. 12/15/76 Page 3 ADMINISTRATIVE SERVICES ORD. NO. 723-76 AMENDING BUSINESS LICENSE ORD. 720-76 2nd Reading/Adoption (CONT' D. ) =5 , 7'7 CITY CLERK CLAIM OF ALDO DeTOMASI CITY MANAGER RESO. NO. 171-76 APPROVE UNIT 1 MODIFICATION (DELETE CITY MGR. POSITION) Councilman Borba stated that the City could expect more complaints on the Business License Ordinance. Motion was made and seconded was regularly carried. Mayor Padreddii ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Battaglia moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Damonte and passed by unanimous vote. Councilman Battaglia moved that the ordinance entitled, AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO BUSINESS LICENSE ORDINANCE NO. 720-76 ADOPTED THE 1ST DAY OF DECEMBER, 1976, the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Damonte and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, Councilman William A. Borba. Absent, none. Staff Report, dated December 15, 1976, recommending that Council take action on the following claim: Claim of Aldo DeTomasi, Manager of Town Liquors, South San Francisco, alleging damages by Police Department during investigation. Councilman Battaglia moved, seconded by Councilman Damonte and regularly carried that the claim be rejected and referred to the office of the City Attorney and the City's insurance carrier; and Notice be given to claimant in accordance with Government Code Section 913, 915.4 and other related sections of the Government Code. Staff Report, dated December 15, 1976, recommending that Council adopt 1) A resolution modifying Unit No. 1 by deleting therefrom the City Manager position; and 2) A resolution amending Memorandum of Understanding, Unit No. 1 Management, 6/1/75 - 6/30/78. Councilman Borba introduced a resolution entitled: A RESOLUTION APPROVING UNIT 1 MODIFICATION (DELETION OF CITY MANAGER POSITION) AS MADE BY THE MUNICIPAL EMPLOYEE RELATIONS OFFICER PURSUANT TO ORDINANCE NO. 647. 12/15/76 Page 4 CITY MANAGER RESO. NO. 171-76 APPROVE UNIT 1 MODIFICATION (DELETE CITY MGR. POSITION) (CONT ' D. ) RESO. NO. 172-76 APPROVE AMEND. 1-76 UNIT 1 MOU RESO. NO. 173-76 RE WATER CONSERVATION IN SSF RESO. NO. 174-76 AMEND SALARY RESOLUTION (PART-TIME E~._6)0LOYEES) Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. In answer to Councilman Borba's inquiry, both the Acting City Manager and City Attorney explained what the resolution did in this regard. Councilman Battaglia introduced a resolution entitled: A RESOLUTION ACCEPTING AND APPROVING AMENDMENT 1-76 TO MEMORANDUM OF UNDERSTANDING, UNIT 1 MANAGEMENT, APPROVED JUNE 30, 1975. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated December 15, 1976, recommending that Council adopt the resolution directing each City Department to review internal water use and to take measures to reduce consumption. Councilman Battaglia introduced a resolution entitled: RESOLUTION REGARDING WATER CONSERVATION IN THE CITY OF SOUTH SAN FRANCISCO. A In answer to Councilman Mirri's inquiry, the Acting City Manager explained the action the City has taken to conserve wa ter. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated December 15, 1976, recommending that Council adopt a resolution to include five classifications of part-time employees inadvertently excluded. Councilman Damonte introduced a resolution entitled: A RESOLUTION AMENDING RESOLUTION 133-76 ADOPTED SEPTEMBER 15, 1976, ENTITLED "A RESOLUTION PRESCRIBING THE TIME AND METHOD OF PAYING SALARIES; ADOPTING REVISED PAY RANGE SCHEDULES; PROVIDING FOR RELATED MATTERS (1976-77); AND RESCINDING RESOLUTION 73-76." 12/15/76 Page 5 CITY MANAGER RESO. NO. 174-76 AMEND SALARY RESOLUTION (PART- TIME EMPLOYEES) (CONT' D. ) ORD. NO. 724-76 AMEND PERS CONTRACT 2nd Reading/Adoption 7 STUDY SESSIONS The Director of Parks and Recreation explained the Recreation list in answer to the inquiry of Councilman Mirri. After brief discussion, roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated December 15, 1976, recommending that Council adopt an ordinance approving an amendn~nt to the contract between the City and the Public Employees' Retirement System (PERS). The Acting City Manager explained the effect of the ordinance in answer to Councilman Borba's inquiry. Mayor Padreddii ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Battaglia moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Borba and passed by unanimous vote. Councilman Damonte moved that the ordinance entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Battaglia and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated December 15, 1976, recommending that Council designate the fourth (4th) Wednesday of each month for Study Sessions. Brief discussion followed at which time Councilman Battaglia suggested that this matter be held over until the new Manager was in office. After further discussion and there being no objections, this matter was ordered held over. 12/15/76 Page 6 CITY MANAGER (CONT' D. ) CHRISTMAS DECORATIONS REPRESENTATIVE TO SAN MATEO COUNTY SOLID WASTE ADVISORY BOARD POLICE DEPARTMENT ORD. AMENDING ANIMAL LICENSE & SHELTER SERVICE FEES 1st Reading/Intro. Staff Report, dated December 15, 1976, recommending that the City 1) hang only new Christmas decorations in future years; 2) notify the merchants of this decision; and 3) obtain the assistance of the Chamber of Commerce and the Downtown Merchants Group to raise funds to purchase new street decorations. After discussion by the members of the City Council and staff, Mayor Padreddii requested that a letter be forwarded in this regard. Staff Report, dated December 15, 1976, recommending that Council, by motion, confirm Frank J. Addiego as this City's representative to the San Mateo County Solid Waste Advisory Board. Councilman Battaglia moved, seconded by Councilman Damonte and regularly carried that the recommendation of the Acting City Manager be approved and accepted. Staff Report, dated December 15, 1976, recommending that Council adopt an ordinance which amends the animal license fees and shelter service fees charged by the Peninsula Humane Society and requires that dogs be vaccinated annually against rabies. Mayor Padreddii ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for introduction. Councilman Battaglia moved that reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first time by reading title only, seconded by Councilman Damonte. Brief discussion followed after which the Acting City Manager called on Captain McKeon of the Police Department to discuss the matter. Captain McKeon stated that the ordinance was a County-wide ordinance to be participated in by all cities. Mr. Addiego then called on Richard Ward from the Peninsula Humane Society. Discussion followed between Mr. Ward and members of the City Council during which time Mr. Ward stated that with the exception of the City of Half Moon Bay all cities in the County would be participating in this uniform ordinance. 12115/76 Page 7 POLICE DEPARTMENT ORD. AMENDING ANIMAL LICENSE & SHELTER SERVICE FEES 1st Reading/Intro. (CONT ' D. ) ? Council then unanimously voted that the reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first time by reading title only. Discussion then followed concerning the amount to charge for impounding fees. After discussion Councilman Damontemoved, seconded by Councilman Mirri that the City accept the proposed fees for dog license, penalty for late license, cattle and livestock impound fee, boarding fee day as is proposed; but keep the dog impound fee, first offense, at $10, second offense at $20, third offense at $30 and change the fourth offense to $40. ?? Discussion followed at which time Mr. Ward recommended that the fourth offense be kept at $30. Councilman Damonte then changed his motion at $30 for the fourth offense. Mr. Frank Mammini, 390 Alida Way, recommended that the impound fees be kept at a higher level to discourage dogs being allowed to run at large. Motion as made and seconded was regularly carried. Council- man Battaglia voted no, stating he felt the impound fee should be higher. Councilman Borba moved that the ordinance entitled, AN ORDINANCE AMENDING ORDINANCE 564, AS AMENDED, PROVIDING FOR LICENSE FEES, RABIES VACCINATION AND SHELTER SERVICE FEES, the entire reading of which has been duly waived, be introduced, seconded by Councilman Damonte and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, Councilman Richard A. Battaglia. Absent, none. PUBLIC SERVICES RESO. NO. 175-76 AUTHORIZE EXECUTION GRANT DEED TO SANTO CHRISTO SOCIETY Staff Report, dated December 15, 1976, recommending Council adopt a resolution authorizing the execution of a Grant Deed to Santo Christo Society of San Mateo County. Councilman Borba asked the City Attorney if there would be any conflict of interest in voting on this item since he was a member of the Santo Christo Society to which the City Attorney replied no. Councilman Damonte introduced a resolution entitled: A RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED TO SANTO CHRISTO SOCIETY OF SAN MATEO COUNTY. 12/15/76 Page 8 PUBLIC SERVICES RESO. NO. 175-76 AUTHORIZE EXECUTION GRANT DEED TO SANTO CHRISTO SOCIETY (CONT ' D. ) PROGRAMMING OF QANTEL COMPUTER AT TREATMENT PLANT ACCEPT AS COMPLETE - POLICE BUILDING AIR CONDITIONING AND HEATING SET PUBLIC HEARING DATE - EASTSIDE ASSOCIATES & JOHN MASCIO APPEAL OF UP-76-360 Roll call vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absent, none. Staff Report, dated December 15, 1976, recommending that Council 1) award the bid for programming of the Qantel Computer at the Treatment Plant to Mr. Jeff Raskin of Brisbane, California, who submitted the low bid in the amount of $14,000 and authorize the City Manager to execute a contract; and 2) authorize the staff, by motion, to update the Qantel Computer to operate on a higher level language which permits acceptance of this low bid. The estimated cost for equipment change is $13,000. Brief discussion followed at which time the Acting City Manager explained the bids received, after which Council- man Battaglia moved, seconded by Councilman Damonte and regularly carried that the recommendation of the Acting Director of Public Services to award the bid for programming of the Quantel Computer to Mr. Jeff Raskin be approved and accepted. Councilman Battaglia then moved, seconded by Councilman Mirri and regularly carried that the recommendation of the Acting Director of Public Services to update the Qantel Computer to operate on a higher level language be approved and accepted. Staff Report, dated December 15, 1976, recommending that Council accept the Police building air conditioning and heating of Communications and reception areas - Project No. PB-75-2 - as complete in accordance with the approved plans and specifications. Councilman Damonte moved, seconded by Councilman Mirri and regularly carried that the recommendation of the Acting Director of Public Services be approved and accepted. Staff Report, dated December 15, 1976, recommending that Council set a date for a public hearing to consider the appeal of Eastside Associates and the appeal of John Mascio of the approval of Use Permit No. 76-360. There being no objections, Mayor Padreddii scheduled the public hearing for January 19, 1977. 12/15/76 Page 9 COMMUNICATIONS HOUSING AUTHORITY UP-75-331 ITEMS FROM COUNCIL BUSINESS LICENSE ORDINANCE A~iENDMENT 7 Inter-Office Memorandum, dated December 10, 1976, from the City Attorney concerning Surendra Amin's inquiry relative to Housing Authority UP-75-331. Letter, dated November 22, 1976, from Surendra Amin concerning the Housing Authority UP-75-331. Lengthy discussion followed at which time the City Attorney in detail replied to each of the inquiries raised by Mr. Amin relative to the Use Permit. Comments were then made by Mr. Amin relative to the Use Permit which were answered by the City Attorney. In answer to Mr. Amin's request of Council for permission to write to other agencies in this regard the City Attorney commented that Mr. Amin could seek any information he desired. No further action was taken by Council. Councilman Borba's request to discuss the Business License Ordinance Amendment. Councilman Borba commented that it was his feeling that the apartment house owners should also come under the Business License Ordinance. Councilman Borba then moved to have staff act on it, prepare an ordinance and place it into effect. Councilman Damonte then stated that for purposes of discussion he would second the motion. Discussion then followed at which time the following spoke. Mr. Frank Mammini, 390 Alida Way, who stated that the apartment owner would pass this cost onto the renter. Mr. John Falsarella, 282 Westview Drive, who stated that this matter at an earlier meeting had been ordered over for study and public input. Mr. Ronald Acosta, 433 Newman Drive, who commented on recent income tax legislation to assist renters on increased costs such as this. After further discussion, the Mayor called for a vote on the metion. Councilman Borba voted aye. The remaining Council members voted no. The motion failed to carry. 12/15/76 Page 10 RECESS: Mayor Padreddii declared a recess at 9:54 PM. RECALL TO ORDER:. The meeting was recalled to order at 10:07 PM with all Council present. ITEMS FROM COUNCIL SEVERANCE PAY FOR DEPARTMENT HEADS /9_ 000 HOTEL-MOTEL FUNDS Councilman Borba suggested that the severance pay for all Department Heads should be eliminated. Mayor Padreddii stated that this would be discussed with the new City Manager after he was in office. In answer to Councilman Borba's inquiry regarding the use of Hotel-Motel funds, Mayor Padreddii requested a report be prepared by the City Manager's office. SEASON' S GREETINGS VICTOR SRINCAT- USE PEmIT .... ~D Councilman Battaglia extended Season's Greetings to everyone. In answer to Councilman Damonte's request, the City Attorney commented on the matter of Mr. Brincat's Use Permit case now pending in court. GELLERT BOULEVARD EXTENSION At the request of the Mayor, the Acting City Planner commented on the status of the Gellert Boulevard Extension. After some discussion and there being no objections, Mayor Padreddii set the public hearing for January 19, 1977. ADJOURNMENT There being no items from staff and nothing under Good and Welfare, Councilman Borba moved, seconded by Councilman Damonte and regularly carried that the meeting be adjourned. Time of adjournment was 10:22 PM. RESPECTFULLY SUBMITTED: City of South San Francisco APPROVED: Leo Padreddii, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral presentations, 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. 12/15/76 Page 11