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HomeMy WebLinkAboutMinutes 1978-06-07REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD JUNE 7, 1978 TIME: PLACE :. CALL TO ORDER: PLEDGE OF ALLEGIANCE TO FLAG: ROLL CALL :~. AGENDA REVIEW 7:30 PM. West Orange Avenue Library Auditorium. The meeting was called to order by Mayor Borba at 7:30 PM. The Pledge of Allegiance to the Flag was recited. Present: Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte and Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Absent: None. The City Manager requested that the following changes and deletions be made to the agenda: Park and Redreation Item No. 2 concerning adoption of two resolutions renewing the leases at 230/232 Grand Avenue and 1 South Linden Avenue be withdrawn. Consideration of a ballot measure regarding a special tax which appears on the agenda as an Item From Council be taken up after City Manager Item No. 2. Adjournment of tonight's meeting to Monday, June 12, 1978, for the purpose of continuing the following agenda items: City Manager Item No. 3 - Public Hearing on E.I.R-78-1, GP-77-8, ZA-77-9 and Specific Plan No. 2/Goldrich- Kest and Associates and Sutter Hill Ltd. 2. City Manager Item No. 7 - Public Hearing on the appeal of V-78-212/Carlos Flores. Public Services Item No. 2 - Resolution calling bids for the 1978-79 Storm Drainage Improvements, Project No. SD-78-1. Public Services Item No. 4 - Resolution recommending that operations at Ox Mountain Sanitary Landfill continue under private ownership. AGENDA REVIEW (CONT'D.) CONSENT CALENDAR $ 37O$ 5. Public Services Item No. 5 - Resolution approving a parcel map of Joseph O'Reilly. Item From Staff No. 1 - Staff Report recommending that Council consider the problems of the homeowners in Westborough and Stonegate Ridge. There being no objections, Mayor Borba so ordered. The Deputy .City Clerk read the following items on the Consent Calendar: City Council Minutes of the Regular Meeting of May 3, 1978; the Adjourned Regular Meeting of May 10, 1978; the Special Meeting of May 13, 1978; and the Special Meeting of May 15, 1978 - Motion to approve. Claim filed by Myron Morlin alleging damages to his car windshield when a baseball from Buri Buri Park struck his vehicle - Motion to deny and refer to the City's insurance carrier and to the Office of the City Attorney. Claim filed by Saimalie Lutu alleging damages to his car windshield when a baseball from Orange Avenue Memorial Park struck his vehicle - Motion to deny and refer to the City's insurance carrier and to the Office of City Attorney. 4e Set public hearing date of July 19, 1978 to consider the adoption of the Design Review Ordinance - Motion to approve public hearing date. Se Set public hearing date of July 19, 1978 to consider a proposed parking ordinance - Motion to approve public hearing date. 6. Establishing fees for concession stand permits - Adoption of resolution. 7. Adopting general prevailing rate of per diem wages for 1978 -Adoption of ResolutiOn No. 67-78. 8. Final acceptance of 1977-78 Weed Abatement Program - Motion to approve. ge Final acceptance of 1977-78 Colma Creek Tributaries Dredging Program - Motion to approve. 6/7/78 Page 2 CONSENT CALENDAR (CONT' D. ) PARKS AND RECREATION RESO CONFIRMING FEES FOR CONCESSION PERMITS APPROVAL OF BILLS JUNE 7, 1978 10. Final acceptance of South Airport Boulevard Improvements - Motion to approve. 11. Final acceptance of South Airport Boulevard Land- scaping - Motion to approve. Councilman Damonte requested that Item No. 5 concerning the adoption of a resolution establishing fees for concession stand permits be removed from the Consent Calendar for separate action. Councilman Damonte then moved, seconded by Councilwoman Teglia and regularly carried that the Consent Calendar be approved as presented. A RESOLUTION CONFIRMING FEES FOR ACTIVITY CONCESSION PERMITS IN ACCORDANCE WITH ORDINANCE NO. 675-74, AS AMENDED. Council then considered the item which had been removed from the Consent Calendar. After a brief explanation by theActing Director of Parks and Recreation, it was agreed to continue the item so that Council's questions could be answered by the Director of Parks and Recreation. Mayor 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." Alpha Press Anchor Post Products Bergesen Electric Berkey Film Cap Concrete, Inc. Coast Linen Service Custom Office Supplies Don & Jerry's Early American Endurance Metal Products Enterprise-Journal Fairway Chevrolet Federal Auto Parts Company B. F. Goodrich King Bearing Inc. Paul Koss Fred Lautze Ford Lowrie Paving Company Marshall-Newell Supply Company A1 Martin Wm. Minucciani 6/7/78 Page 3 APPROVAL OF BILLS JUNE 7, 1978 ,5'4/$ CITY MANAGER ORD. AMENDING BUSINESS LICENSE oRD. ORD. AMENDING TRANSIENT OCCUPANCY TAX ORD . RECESS: RECALL TO ORDER:_ Moore Business Forms, Inc. Olympian Oil Sears, Roebuck Union Oil Carbide Xerox Corporation First National Bank of Daly City Til lo Products Company Mayor Borba called for a motion to approve the claims deleted from the original list. Councilman Damonte moved, seconded by Councilman Acosta and regularly carried. Mayor Borba stated, "I want the record to show that I did not participate in the vote." Mayor Borba moved to approve the list of claims as amended, seconded by Councilman Damonte and regularly carried. AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO BUSINESS LICENSE ORDINANCE NO. 720-76, AS AMENDED. AN'ORDINANCEAMENDING ORDINANCE NO. 554 AS AMENDED ENTITLED "AN ORDINANCE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF." The City Manager stated that the two ordinance amendments before Council were two of many suggestions contained in the Proposition 13 Impact Analysis Contingency Plan which Council had discussed on May 10 and May 31. He further explained the proposed amendments and informed Council that if such ordinances were to be acted upon it would have to be done prior to July i, 1978. Discussion followed between Council relative to the adoption of the ordinances and the effect the passage of Proposition 13 would have on City services. Council also considered at this time the placement of a ballot measure regarding a special tax on the November ballot, after which the City Attorney explained the legal implications of this proposed ballot issue. Mayor Borba declared a recess.at 8:26 PM. The meeting was recalled to order by Mayor Borba at 8:36 PM with all Council present. Mayor Borba then asked if anyone present in the audience wished to speak in this regard. 6/7/78 Page 4 65 CITY MANAGER ORD. AMENDING BUSINESS LICENSE ORD. (CONT' D. ) 377 c57&7 OR. AMENDING TRANSIENT OCCUPANCY TAX ORD. (CONT' D. ) ITEMS FROM STAFF BALLOT MEASURE REGARDING A SPECIAL TAX 0 CITY MANAGER (CONT' D. ) APPEAL OF UP-78-431/ HANS ZIPPERLE The owner of the Berlin Food Company voiced his objection to the proposed ordinance amendments. John Falsarella, 282 Westview Drive, South San Francisco, commented on the proposals being discussed and the possible acquisition of State surplus funds to make up the deficit in City funds. Renee Duzak, 608 Park Way, South San Francisco, suggested that Council consider departmental budget cutbacks. Allan Weinstein, 332 Susie Way, South San Francisco, commented on the proposed increase in business license fees. The Executive Secretary of the Apartment House Association stated that her organization opposed the proposed tax on apartment houses. Tim Brosnan, 640 Rocca Avenue, South San Francisco, also expressed opposition to the proposed tax on apartment houses. Arthur "Buzz" Haskins, 114 South Maple Avenue, and Frank Prendergast, 234 Commercial Avenue, both voiced their objections to the proposed business license ordinance amendments. After a brief discussion Councilman Mirri moved, seconded by Mayor Borba and regularly carried that the recommendation of staff to adopt the proposed ordinances not be accepted. Councilman Acosta then moved, seconded by Councilwoman Teglia and regularly carried that a ballot measure regarding a special tax be placed on the November ballot. Public Hearing -- Appeal of UP-78-431, Condition No. 4/ Hans Zipperle. Staff Report, dated June 7, 1978, recommending that Council uphold the action of the Planning Commission in approving UP-78-431 including all approved conditions. After an explanation of the Staff Report by the City Planner, Mayor Borba declared the public hearing opened and asked if there was anyone present who wished to speak in favor of the appeal. 6/7/78 Page 5 CITY MANAGER APPEAL OF UP-78-431/ HANS ZIPPERLE (CONT'D) RECESS: RECALL TO ORDER: APPEAL OF RZ-78-46/ HUMBERT MANTEGANI Paul Matzger, the attorney representing Mr. and Mrs. Zipperle, explained the condition his clients were appealing and requested that Council adopt the appeal and reject condition No. 4. Mr. Tom Fee, a neighbor of Mr. and Mrs. Zipperle, voiced his objections to the appealed condition and suggested that it be eliminated. In answer to Mr. James Elmore's inquiry, the City Planner explained the section of the zoning ordinance which allowed the City to impose this special condition on Mr. Zipperle's use permit. Mayor Borba declared a recess at 9:36 p.m. The meeting was recalled to order by Mayor Borba at 9:45 p.m. with all Council present. Kenneth Hursh, a real estate agent representing Mr. and Mrs. Zipperle, stated that he felt that the expansion of the property would improve the City and increase the tax base. Mayor Borba then asked if there was anyone present who wished to speak in opposition to this appeal. There being no one, Mayor Borba declared the public hearing closed. Discussion followed between Council, the City Planner and the Chief Building Inspector, after which Councilman Mirri moved, seconded by Councilman Acosta and regularly carried that Council accept the appeal with the condition that on five year intervals the residence at this address would undergo an inspection to see that the said property was reasonably maintained so that it was not injurious or adversely affecting the health, safety and welfare of the community. If it was determined by the Planning Commission that the property was not being properly maintained the use permit would be subject to revocation after notice and opportunity to correct as required by law or practice of the Planning Commission. Public Hearing -- Appeal of RZ-78-46/Humbert Mantegani. Staff Report, dated June 7, 1978, recommending that Council uphold the decision of the Planning Commission in denying RZ-78-46. 6/7/78 Page 6 CITY MANAGER APPEAL OF RZ-78-46/ HUMBERT MANTEGANI (CONT'D.) APPEAL OF RZ-78-44/ GORDON KULLBERG & SONS INC. RECESS:. RECALL TO ORDER% The City Manager stated that the next item concerning the appeal of RZ-78-46 had been withdrawn by the applicant and continued to the adjourned regular meeting to be held Monday evening. Due to the number of interested persons in the audience Mayor Borba declared the public hearing opened. After an explanation of the Staff Report by the City Planner and there being no one who wished to speak on the matter due to the absence of Mr. Mantegani's architect, the public hearing was continued to Monday, June 12, 1978. Public Hearing -- Appeal of RZ-78-44/Gordon Kullberg & Sons Inc. Staff Report, dated June 7, 1978, recommending that Council examine the facts as presented and the alternatives in regard to this appeal. After an explanation of the Staff Report and the alternatives available to Council by the City Planner, Mayor Borba declared the public hearing opened and asked if there was anyone present who wished to speak in favor of the matter. Mr. D. A. Eschelbach, 791 Park Way, South San Francisco, commented on the problemshe has encountered in his attempts to sell this property as it is presently zoned. He stated that he had received a purchase offer contingent upon the property being rezoned. John Falsarella, 282 Westview Drive, South San Francisco, and a resident of Mayfair Village both spoke in favor of the rezoning and the proposed construction. Mayor Borba then asked if there was anyone present who wished to speak in opposition to the matter. Various residents of Fir Avenue in Mayfair Village explained their reasons for being opposed to the proposed rezoning and construction. Mayor Borba then declared the public hearing closed. Mayor Borba declared a recess at 11:05 PM. The meeting was recalled to order by Mayor Borba at 11:15 PM with all Council present. 6/7/78 Page 7 68 CITY MANAGER APPEAL OF RZ-78-44/ GORDON KULLBERG & SONS INC. (CONT' D. ) RESO. NO. 68- 78 EXTENDING WESTERN TV CABLE' S FRANCHISE PARKS AND RECREATION RESO. NO. 69-78 AWARD OF CONTRACT FOR PECK'S LOT PLAY AREA PUBLIC SERVICES ORD. NO. 766-78 ORDERING INSTALLATION OF UNDERGROUND WIRES, FACILITIES IN UNDERGROUND UTILITY DIST NO 2 - PHASE B-3 2nd Reading/Adoption After a brief discussion between Council, Councilman Damontemoved, seconded by Councilwoman Teglia and regularly carried that the request for rezoning of Assessor's Parcel No. 014-125-060 (RZ-78-44) be denied. Staff Report, dated June 7, 1978, recommending that Council adopt a resolution extending Western TV Cable's Franchise to July 18, 1979. After a brief explanation by the City Manager, Councilman Mirri introduced a resolution entitled: A RESOLUTION EXTENDING WESTERN TV CABLE'S FRANCHISE IN ACCORDANCE WITH SECTION 21 OF ORDINANCE NO. 547. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damente and Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated June 7, 1978, recommending that construction of the Gardiner Avenue (Peck's Lot) Play Area be awarded to Palo Alto Landscaping Company, Inc., as the lowest responsible bidder for the total of $67,859.00. After a brief explanation by the Acting Director of Parks and Recreation, Councilman Damonte introduced a resolution entitled: A RESOLUTION OF AWARD OF CONTRACT FOR PECK'S LOT PLAY AREA. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba and Emanuele N. Damonte, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, Councilman Terry J. Mirri. Staff Report, dated June 7, 1978, recommending that Council adopt an ordinance ordering removal of overhead structures, wires and facilities and installation of underground wires and facilities in Underground Utility District No. 2- Phase B-3. Mayor Borba 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. Councilwoman Teglia 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. 6/7/78 Page 8 PUBLIC SERVICES ORD. NO. 766-78 ORDERING INSTALLATION OF UNDERGROUND WIRES, FACILITIES IN UNDERGROUND UTILITY DIST NO 2 - PHASE B- 3 2nd Reading/Adoption (CONT' D. ) 51r 7 RESO. NO. 70-78 AUTH CONT_~CT AMEND NO 3 TO AGMT WITH CONSULTING ENGINEERING SERVICES IN CONNECTION WITH TREATMENT PLANT UPGRADING COMMUNICATIONS REQUEST FOR REAPPOINTMENT TO LIBRARY BOARD BY CHARLOTTE DILLON REQUEST FOR REAPPOINTMENT TO LIBRARY BOARD BY FRANK A. FRANK Councilman Damonte moved that the ordinance entitled, AN ORDINANCE ORDERING REMOVAL OF OVERHEAD STRUCTURES, WIRES AND FACILITIES AND INSTALLATION OF UNDERGROUND WIRES AND FACILITIES IN UNDERGROUND UTILITY DISTRICT NO. 2 - PHASE B-3," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilwoman Teglia and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte and Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated June 7, 1978, recommending that Council adopt a resolution authorizing the Director of Public Services to execute Contract Amendment No. 3 to Agreement, Consulting Engineering Services in connection with the City of Burlingame and Millbrae Wastewater Solids Management Project C-06-1267. After a brief explanation by the Director of Public Services, Councilman Damonte introduced a resolution entitled: A RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 3 TO "AGREEMENT, CONSULTING ENGINEERING SERVICES IN CONNECTION WITH A PROGRAM OF WASTEWATER TREATMENT FACILITY UPGRADING, SOLIDS MANAGEMENT AND SANITARY SEWER SYSTEM EVALUATION SURVEYS, PROJECT C-06-1235, PROJECT C-06-1267. Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte and Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Letter, dated May 15,1978, from Charlotte Dillon expressing her interest in being reappointed to the Library Board, Since Council had discussed the vacancies on the Library Board at their adjourned regular meeting of June 5, 1978 and decided at. that time that the matter would be held over until August, no action was taken at this time. Letter, dated May 15, 1978, from Frank A. Frank expressing his interest in being reappointed to the Library Board. Since Council had discussed the vacancies on the Library Board at their adjourned regular meeting of June 5, 1978 and decided at that time that the matter would be held over until August, no action was taken at this time. 6/7/78 Page 9 70 ITEMS FROM COUNCIL CONSIDERATION OF APPOINTMENT TO POSITION OF CITY CLERK PROCEDURES PUBLICATION OF AGENDA o /b-3 MEETING WITH SCHOOL BOARD RE PATHWAY BETW EL CAMINO MISSION ROAD ..67ol ,tZlO :5 Consideration of appointment to the position of City Clerk. At the request of the City Clerk Pro Tempore Teglia, the City Manager explained staff's recommendation as to the course of action available to Council in regard to the appointment to the position of City Clerk. After a brief discussion Councilman Damonte moved, seconded' by Councilwoman Teglia and regularly carried that the Deputy City Clerk, Elaine Scotto, would receive a salary increase of $300 per month while she performed the duties of City Clerk. Councilman Damonte then moved, seconded by Councilwoman Teglia and regulary carr£ed that Council call for a closed examination for the position of City Clerk and and accept resumes through Monday, June 12, 1978. Councilman Acosta suggested that a list of procedures be posted outside of th~ e~trance to the West Orange~Avenue Library Auditorium so that the public would be aware of the manner in which Council meetings were conducted. He also requested that the use of speaker cards be implemented. Councilman Damonte suggested that the podium be relocated so that speakers would be facing the Council rather than the audience. After a brief discussion between Council, Mayor Borba stated that no action would be taken at this time in this regard. Councilman Acosta suggested that the City Council agenda be printed in the local newspaper. Discussion followed concerning the cost of such a publication and the possible use of TV coverage for the purpose of announcing agenda items. The City Manager was then instructed to get an estimate of the cost of having the agenda printed and to report back to Council in this regard. Councilwoman Teglia informed Council that she and Councilman Mirri had been instructed to meet with the members of the School Board concerning the pathway between E1 Camino Real and Mission Road but that the meeting had been held over at the request of the School District until after June 6, 1978. She stated that she would again contact the Board and try to set up another meeting date. 6/7/78 Page 10 ITEMS FROM COUNCIL (CONT' D. ) CONDOMINIUMS IN' WESTBOROUGH ADJOURNMENT Councilwoman Teglia stated that an independent engineer, Mr. Battista, had been retained to evaluate the condominiums in Westborough and when Council could expect to receive an assessment of these condominiums. The City Attorney replied thata report would be submitted the first meeting in July. Councilwoman Teglia also requested that theCity Engineer be involved in the assessment. There being nothing further to come before Council, Mayor Borba adjourned the meeting to Monday, June 12, 1978, at 7:00 PM in the West Orange Avenue Library Auditorium. Time of adjournment was 12:10 AM. RESPECTFULLY SUBMITTED: Roberta C. Teglia, City Cl~rk Pro Tempore 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 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 CityClerkand available for inspection, review and copying. 6/7/78 Page 11