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HomeMy WebLinkAboutMinutes 1978-08-16153 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD AUGUST 16, 1978 TIME: 7:30 p.m. PLACE: West Orange Avenue Library Auditorium CALL TO ORDER: The meeting was called to order by Mayor Borba at 7:35 p.m. PLEDGE OF ALLEGIANCE:----The Pledge of Allegiance to the Flag was recited. ROLL CALL: Present: Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte and Terry Jo Mirri; Councilwoman Roberta Cerri Teglia Absent: None PRESENTATIONS Mayor Borba called upon Terry Lee Cottrill to come to the podium. PROCLAMATION HONORING TERRY LEE COTTRILL, EAGLE SCOUT PROCLAMATION JERRY LEWIS MUS- CULAR DYSTROPHY TELETHON Mayor Borba stated that it was the pleasure of the City Council to present the Proclamation honoring Terry Lee Cottrill, Eagle Scout, and read the Proclamation in full so honoring him. Mayor Borba next read the Proclamation in full designating September 3-4, 1978 as Jerry Lewis Muscular Dystrophy Telethon Weekend, and encouraged the citizens of South San Francisco to participate in this worthy cause. The next presentation was by Mr. Leo A. Padreddii concerning the Sister City Program. SISTER CITY PROGRAM MR. LEO A. PADREDDII Mr. Padreddii explained that he had not been before Council sooner to inform them of the status of the Sister City Program because he had only yesterday received the official document from the City of Lucca. Mr. Padredddii summarized the Sister City Program and named the committee and executive committee members. He extended an invitation to anyone to accompany his group to Lucca, Italy, on September 1 and return on September 15. He stated a delegation from Italy is planning to visit America on October 5 - 20 and will be in South San Francisco on October 10 -12 to attend a reception in its honor. Members of Council commended Mr. Padreddii for his contri- bution to the Italian community and stated that they looked forward to the visiting dignitaries from Lucca. PRES ENTAT IONS (Continued) BEAUTI FI CATION AWARD PROGRAM AGENDA REVIEW CONSENT CALENDAR 154 The next presentation was given by Mr. Alfred Banfield, Vice Chairman of the Parks and Recreation Commission, representing the Beautification Subcommittee regarding t~Beautification Award Program. He explained the concept of the Award plan of the South San Francisco Beautification Committee and stated that this award would be given for outstanding landscaping. He remarked that the cut-off date would be September 30, and the awards be given on October 30 during which time each member would look at the candidates for the award. In reply to Mayor Borba's inquiry, Mr. Banfield stated that the Chamber of Commerce was supporting this award program. City Manager Birkelo requested that the following items be added and one deleted from the evening's agenda: Resolution and Certification modified for submission to the State Comptroller concerning wage and salary increases Resolution establishing tax rate for the Police Facility be deferred to next Wednesday's meeting Three informational items from Staff to be offered under Items from Staff. As there were no objections from Council, it was so ordered. The City Clerk read the following items on the Consent Calendar. The following items are considered to be routine and non- controversial and will be enacted by one motion as recommended. At the request of the City Council, Staff, or the public, a specific item may be discussed and/or removed from the Consent Calendar for separate action. City Council Minutes of the Adjourned Regular Meeting of July 31, 1978; the Adjourned Regular Meeting of August 2, 1978; and the Regular Meeting of August 2, 1978 - Motion to approve. Claim filed by Thomas & Lundy, Attorneys at Law, on behalf of Elizabeth Holland, alleging personal injuries as a result of fall on City sidewalk - Motion to deny and refer to the City's insurance carrier and to the Office of the City Attorney. e Claim filed by Timothy D. Regan, Jr., Esq., on behalf of Danny David Roach, alleging personal injuries sustained while participating in organized baseball game - Motion to deny and refer to the City's in- surance carrier and to the Office of the City Attorney. 8/16/78 Page 2 155 CONSENT CALENDAR (Continued) APPROVAL OF BILLS AUGUST 16, 1978 Claim filed by Kaplan, Levy & Bernard, Attorneys at Law, on behalf of William Gray, alleging general damages as a result of incarceration - Motion to deny and refer to the City's insurance carrier and to the Office of the City Attorney. Claim filed by Corey and Orton, Attorneys at Law, on behalf of Carey Booth, alleging personal injuries sustained while participating in baseball game - Motion to deny and refer to the City's insurance carrier and to the Office of the City Attorney. 6. Award of Bid for the Triannual Leisure Activities Brochures - Motion to approve. Councilman Damonte moved, seconded by Councilman Mirri and regularly carried, that the Consent Calendar be approved as presented. Discussion followed between Council and the City Attorney concerning claims filed against the City as a result of injuries sustained during sport programs. The City Attorney explained that the City was named together with the associ- ations for the courts' determinations or settlement pro- ceedings as a protection to the claimants' interests. Council requested that they be kept informed on a bi-annual or annual basis as to categories and amounts of claims. City Attorney Noonan stated that Staff was working on a format and would be bringing a report to Council. Mayor Borba stated, "Before the motion is made, I would like to refrain from voting on the following due to the fact that I do business with the following companies." Alpha Press, Inc. Bergesen Electric Colma Dump Company Custom Office A.B. Dick Company Don & Jerry's Automotive Early .American Paint Enterprise Journal B. G. Goodrich Marshall Newell Supply Maryatt Industries 8/16/78 Page 3 156 APPROVAL OF BILLS AUGUST 16, 1978 RESO SETTING SPECIAL PROPERTY TAX RATE Meehan Battery Co. Wm. Minucciani Olympian Oil Pargas Red Star Industrial Rizzetto Welding Superior Laundry Tillo Products Union Carbide VWR Scientific, Inc. Xerox Corp. Ella Yamas Zellerbach Paper Union Oil Company Guy F. Atkinson Milton Bronstein San Mateo Co. Transit District Y.M.I. Council #32 Conquistadors Drum & Bugle St. Veronica Men's Club So. San Francisco Boys' Club Sea Scouts St. Augustine Men's Club So. San Francisco Elks Lodge #2091 P. Brosnan Co. First National Bank of Daly City So. San Francisco Police Association Mayor Borba called for a motion to approve the claims deleted from the original list. Councilman Acosta moved, seconded by Councilwoman Teglia 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. Staff Report, dated August 16, 1978, recommeding the Council adopt a resolution establishing a tax rate for the acquisition and remodeling of a facility for Police and other muncipal uses. In accordance with the request of the City Manager to defer this matter, Council continued consideration of the resolution. 8/16/78 Page 4 157 FINANCE ORD. NO. 772-78 AMENDING ORD. 554 TRANSIENT OCCUPANY TAX 1st Reading/Adopt Mayor Borba declared the Public Hearin9 opened. Staff Report, dated August 16, 1978, recommending that Council adopt an Urgency Ordinance increasing the Transient Occupancy Tax rate from six percent to eight percent. Finance Director William Anderson explained that, during the course of budget discussions, it was observed that surround- ing cities had imposed an eight percent Transient Occupancy Tax rate to provide a partial replacement of property tax reductions. He further explained that this increased rate would provide $60,000 in 1978-79 or $120,000 on a full-year basis to the City. Mayor Borba asked if anyone wished to speak in favor of the ordinance. As there was none, he asked if anyone wished to speak in opposition. No one spoke. Mayor Borba declared the Public Hearing closed. City Attorney Noonan described the ordinance and advised the Council that, as an Urgency Ordinance, it was subject to passage immediately upon introduction. Mayor Borba ordered the title of the ordinance and the Statement of Facts constituting the urgency read. The title of the ordinance and Statement of Facts constituting the urgency were read. Councilman Damonte moved that the reading of the ordinance in its entirety be waived, seconded by Councilman Mirri, 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, Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Councilman Damonte moved that the ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 554, AS AMENDED ENTITLED 'AN ORDINANCE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF,'" be introduced and passed as an Urgency Ordinance, the reading in its entirety having been duly waived, said ordinance to be effective immediately as an Urgency Ordinance as authorized by the Government Code, 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, Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. 8/16/78 Page 5 158 CITY MANAGER RESO. NO. !03-78 APPROVING CATV RATE INCREASES RESO. NO. 104-78 ESTABLISHING PRO- CEDURE FOR CABLE TV RATE ADJUST- MENTS COUNCILMAN MIRRI ABSENT CONTINUED PUBLIC HEARING APPEAL OF UP-78-428/JAMES C. ELMORE Staff Report, dated August !6, 1978, recommending that Council adopt two resolutions, one authorizing rate adjustments, establishing deposits and service fees for converters, and one instituting a new procedure for future rate adjustments. City Manager C. Walter Birkelo recalled WestemTV Cable's approach to City Council in March and subsequent appointment of a subcommittee to review Cable's proposal. He further explained the meetings held and the subcommittee's findings after deliberations. Mr. Ernest Nelligan, President of WTVC, spoke, expressing his thanks to the members of the subcommittee for their time and efforts. He stated that "Paid TV" will be one of the major services offered, and the earth station for satelite reception had just been installed that day. He further explained the proposed and subcommittee's recommended fees and charges. Discussion followed between Council and Mr. Nelligan con- cerning regulations imposed by the FCC, comparative service fees of surrounding communities, and averages as listed in the CPI. Council complimented Western TV Cable for the fine service given to the community and the company's philosophy in its response to the concerns of the citizens. Councilwoman Teglia introduced the first resolution entitled: "A RESOLUTION APPROVING CATV SUBSCRIBER RATE INCREASES EFFECTIVE SEPTEMBER 1, 1978." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Councilman Damonte introduced the second resolution entitled: "A RESOLUTION ESTABLISHING A PROCEDURE FOR CABLE TV RATE ADJUSTMENTS." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri, Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Councilman Mirri absented himself at 8:20 p.m. Continued Public Hearing - Appeal of UP-78-428/James C. Elmore Staff Report, dated August 16, 1978, 1978,recommending that Council approve UP-78-428, subject to attached conditions and limitations. 8/16/78 Page 6 159 CITY MANAGER CONTINUED PUBLIC HEARING APPEAL OF UP-78-428/JAMES C. ELMORE City Planner William Costanzo explained, in response to Council's request, the review of the evidence submitted and the testimony of the neighboring property owners concerning the question of the window on the side of Mr. Elmore's home. He stated that it was Staff's opinion that no determination as to the legality of the window could be made. He further stated that it was Staff's recommendation that all future considerations be referred to the Chief Building Inspector to take whatever steps necessary to conform to the Uniform Building Code. He then read the recommended Special Con- ditions and Standard Conditions and Limitations. In response to Mayor Borba's invitation to speak, Mr. Carl Windell, Attorney for Mr. Elmore, objected to a classification in the report of the Building Division regarding the roof cutback on the west side, 30". He mentioned that this cut- back was meant for the deck only. He next expressed his con- cerns to No. 7 of the Special Conditions. His client wished the railing be allowed as a safety precaution. The City Planner replied that this was not within his autho- rity but would be the decision of the Chief Building Inspector. Discussion followed concerning restrictions imposed by the Building Division during which time Councilwoman Teglia expressed her concerns regarding intrusion on privacy and harrassment, and Councilman Acosta remarked that this action could set a precedence for neighboring properties. Councilman Damonte then moved, seconded by Councilman Acosta to accept Alternative No. 2, as contained in the Addendum Staff Report, dated July 19, 1978, from the City Planner to the City Council, subject: Appeal of James C. Elmore of the Planning Commission Denial of UP-78-428, to modify the Planning Commission's action and grant a partial approval of the encroachments; and the Standard Conditions and Limitations as contained in the Staff Report, dated August 16, 1978, from the City Planner to the City Council, subject: Use Permit UP-78-428 - James C. Elmore; and corrective construction as contained in the Inter-Office Memorandum, dated August 7, 1978, to the Planning Division from the Building Division, subject: Elmore Use Permit Appeal - UP-78-428. Mr. Walter Kibil, 2574 - 32nd Avenue, San Francisco, spoke, stating that the issue was the window and not the legality norillegality of construction. He further objected to the use of the Goldman property for the construction of the Elmore house, after which Mr. Kibil was advised to bring his concerns to the Chief Building Inspector and proceed from there. Mr. David Goldman, 640 Commercial Avenue, stated that he had discussed the window with Mr. Ghilardi, Chief Building Inspector, over a period of three years and had been informed that the matter would be taken care of. 8/16/78 Page 7 160 CITY MANAGER UP-78-428/JAMES C, ELMORE APPEAL (Continued) RECESS: RECALL TO ORDER: COUNCILMAN MIRRI PRESENT PUBLIC HEARING APPEAL OF SIGN CONDITION FOR UP-78-441/ROSS MAWRACAJ COUNCILMAN MI RRI ABSENT DOWNTOWN REVITAL- IZATION - PRELIMIN- ARY DESIGNS AND ECONOMIC REPORTS Council advised Mr. Goldman to proceed through the proper channels. Motion as made and seconded was then regularly carried; Councilman Mirri, absent. _Mayor Borba declared a recess at 8:50 p.m. Mayor Borba recalled the meeting to order at 9:02 p.m. Present were Councilmen Acosta, Damonte and Borba, and Councilwoman Teglia; absent, Councilman Mirri. Councilman Mirri appeared present at 9:03 p.m. Public Hearing - Appeal of Sign~Condition for UP-78-441/ Ross Mawracaj Staff Report, dated August 16, 1978, recommending that Council uphold the decision of the Planning Commission in approving UP-78-441, including all approved conditions and limitations. City Planner Costanzo explained the originally-proposed new signs and the sign on an existing light standard pole. It was the determination of the Planning Commission that one existing free-standing sign was sufficient. Mayor Borba opened the public hearing and asked if anyone wished to speak in favor of the appeal. Mr. Ross Mawracaj, 41 Chestnut Avenue, stated that, after the filing of the appeal, he has since changed his need for this sign and has a proposal to submit to the Architectural Committee for review. He further remarked that, with the work being done on Colma Creek, his price signs would be blocked from view. City Planner Costanzo stated that this letter's being sub- mitted would constitute a withdrawal of the appeal and a new proposal would be handled administratively. Mayor Borba closed the Public Hearing and no further action was taken. Councilman Mirri absented himself at 9:10 p.m., in order that there would be no conflict of interest in the next matter to be discussed. Staff Report, dated August 16, 1978, recommending that Council review and accept the preliminary designs and economic reports of the Downtown Revitalization and support the suggested future activities relating to implementation of the project. 8/16/78 Page 8 161 CITY MANAGER DOWNTOWN REVITAL- IZATION - PRELIMIN- ARY DESIGNS AND ECONOMIC REPORTS (Continued) City Planner Costanzo explained that the schematic design on the wall showed the Downtown Revitalization Plan and that Mr. D'Amico was present to speak and answer any questions Council might wish to ask. Mr. D'Amico, D'Amico & Associates, commented on the selection of his firm as consultants for the project. He further re- flected on the processes undertaken to develop a design plan, the initial project schedule, requested comments of citizens for inclusion in the documents, and the meetings held with the downtown property owners. From the book entitled, "Down- town South San Francisco Economic Analysis" submitted by Economics Research Associates, July 1978, Mr. D'Amico ex- plained the Grand Avenue improvements, parking proposals, and the inhibiting of truck traffic by architectural features of placing middle-meandering constrictors. He concluded his presentation by stating that the project was achieveable, was supported by the committee, and could be financed. Discussion followed between Council and Mr. D'Amico concerning one-way traffic, the congestion at Airport Boulevard and Grand Avenue which, Mr. D'Amico stated, would be restudied and a recommendation would be forthcoming. Financing of the project was also discussed. City Planner Costanzo stated that the downtown merchants' core group had some recommendations to Council: 1) that Council commence action to provide additional parking within the existing financial feasibility of the district; 2) that favorable consideration of the allocation of additional HCDA Block Grant Funds for the project's implementation be given; 3) that Council initiate the development of regula- ions to control signs and exterior architectural treatment of buildings to conform to the concept plan; 4) that Council would provide the technical assistance to aid the merchants in the formation of the assessment district. Further discussion followed concerning the method of financing of approximately $300,000 of HCDA funding, with the balance to be paid by an assessment district of $200 per year per running lineal foot for buildings fronting on Grand avenue. Discussion included the Civic Center and All Souls Catholic Church's properties as being part of the assessment district and contributor The City Planner remarked that 100% of 60% of the landowners' approval was required before this project could proceed and petitions were to be circulated downtown for their support. He further requested that Council consider the following: 3/16/73 162 CITY MANAGER DOWNTOWN REVITAL- IZATION - PRELIMIN- ARY DESIGNS AND ECONOMIC REPORTS (Continued) RECESS: RECALL TO ORDER: ORD. NO. 773-78 AMENDING ORD. 353 ESTABLISHING C-O (SW CORNER OF EL CAMINO REAL AND WESTBOROUGH BVD) 2nd Reading/Adopt !. Accept the Schematic Design Plan and the Economic Analysis as being complete and adequate; Direct the Staff to provide all necessary technical assistance to aid the merchants and property owners in the initiation of assessment district proceedings for plan implementation; e Request the Planning Commissi~on to recommend regulations to control sign and exterior architectural treatments of the buildings to conform to the concept plans; Request the Parking Authority to have a parking plan and a financial feasibility strategy prepared to provide for the additional proposed parking; 5. Apply for all future available H.C.D.A. funds to assist in the financing of Grand Avenue improvements. Further discussion followed during which time Council ex- pressed concern over $135,000 of City participation. It was explained that Council's decision would not have to be made until a future time when the petition with 60% signatures would be presented for consideration. After discussion, Mayor Borba requested Council's pleasure. Councilman Damonte moved that the plan as presented be approved and accepted, seconded by Mayor Borba. Under the "Question,', Councilman Acosta requested information from Finance Director Anderson concerning the use of gas tax monies for this project. Mr. Anderson replied that he would investigate this possibility. Roll call vote was then taken: Ayes, Councilmen Ronald G. Acosta, William A. Borba, and Councilwoman Roberta Cerri Teglia. Noes, none. Absent, Councilman Terry J. Mirri. Mayor Borba declared a recess at 9:58 p.m. Mayor Borba recalled the meeting to order at 10:06 p.m., with all Council present. Public Hearing- Adoption of ordinance changing zoning of the southwest corner of E1Camino Real and Westborough Boulevard from "U" Unclassified to C-O Commercial Office Zone District. Mayor Borba declared the public hearing opened. Staff Report, dated August 16, 1978, recommending that Council review and certify that the Final E.I.R. 78-I is complete in 8/16/78 Page 10 163 CITY MANAGER ~RD. NO, 773-78 AMENDING ORD, 353 ESTABLISHING C-O (SW CORNER OF EL CAMINO REAL AND WESTBOROUGH BLVD) 2nd Reading/Adopt (Continued) REQUEST FOR LAFCO TO COMMENCE FISCAL FEASIBLE STUDY OF ANNEXATION OF COUNTY ISLAND AREAS aqcord~nce with the California Environmental quality Act of !970 and read for the second time and adopt an ordinance changing the zoning of the southwest corner of E1Camino Real and Westborough Boulevard from "U" Unclassified to C-O Commercial Office Zone District. City Planner Costanzo explained the ordinance and requested an additional motion to direct the City Planner to file a Notice of Completion on the E.I.R. Mayor Borba asked if anyone wished to speak in favor of the matter. As no one spoke, he asked if anyone wished to speak in opposition. No one spoke. Mayor Borba declared the public hearing closed. Councilman Damonte moved, seconded by Councilman Mirri and regularly carried that the City Planner be authorized to file a Notice of Completion of the E.I.R. 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. Councilman Damonte 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 Mirri and passed by unanimous vote. Councilman Damonte moved that the ordinance entitled, "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 353, AS AMENDED, ENTITLED, 'ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO' AND ESTABLISHING C-O COMMERCIAL OFFICE ZONE DISTRICT (SOUTHEASTERLY CORNER OF EL CAMINO REAL AND WESTBOROUGH BOULEVARD)," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Mirri 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, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated August 16, 1978, recommending that Council request the Local Agency Formation Commission to commence a fiscal feasible study of the possible annexation of the County Island areas. City Planner Costanzo explained that the four islands within South San Francisco were the South Slope of San Bruno Mountain, Country Club estates area, California Golf Club properties, and the McClellan Nursery property. 8/16/78 Page ll 164 CITY MANAGER REQUEST FOR LAFCO TO COMMENC~ FISCAL FEASIBLE STUDY OF ANNEXATION OF COUNTY ISLAND AREAS RESO. NO. 105-78 REGARDING COST OF LIVING WAGE OR SALARY INCREASES 1978-79 PARKS & RECREATION AMENDMENT TO 1974 STATE BOND ACT PRIORITIES POLICE DEPARTMENT RESO. NO. 106-78 COMMENDING POLICE OFFICER BARRANTI The City Planner stated that it was Staff's recommendation that the City should not annex any !and areas until such time as it is determined that it is in the best financial interst of the City to do so; and that the City request LAFCO to examine these four areas and determine the fiscal feasibility of their inclusion into the City. Councilwoman Teglia moved, seconded by Councilman Damonte and regularly carried that the recommendation of Staff be approved and accepted. City Manager Birkelo explained the next item for Council's consideration, the resolution and certification modified for submission to the State Comptroller regarding State surplus monies to municipalities. Councilman Damonte introduced the resolution entitled, "A RESOLUTION REGARDING COST OF LIVING WAGE OR SALARY INCREASES FOR FISCAL YEAR 1978-79." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated August 16, 1978, recommending Council amend priorities for the State, Beach, Recreational and Historical Bond Act of 1974 from Sign Hill Park, and West- borough Park Building to Sign Hill Park, and Orange Memorial Park Improvements and submit to San Mateo County Board of Supervisors for approval. Parks and Recreation Supervisor Lyle Norton reviewed the background of the 1974 Bond Act and recommended that Council approve the Bond Act monies be appropriated to upgrade and expand current recreational facilities and that historic preservation of structures of architectural significance be considered underanother program. Discussion followed concerning summer youth employment, baseball field lighting replacement and field maintenance. Councilwoman Teglia moved, seconded by Councilman Acosta and regularly carried that the recommendation of Staff be approved and accepted. Staff Report, dated August 16, 1978, recommending Council adopt a resolution expressing the community's and Council's appreciation to Officer Ronald Barranti. 8/16/78 Page 12 165 POLICE DEPARTMENT RESO. NO. !06-78 COMMENDING POLICE OFFICER BARRANTI (Continued) PUBLIC SERVICES ORD. NO. 774~78 AMENDING BLDG CODE ORD 691-75 (TABLE NO. 3-A) 2nd Reading/Adopt RECESS: RECALL TO ORDER: Mayor Borb~ at this time announced that a testimonial dinner honoring Officer Ron Barranti will be held August 24 at the South San Francisco Elks Club, Councilman Mirri introducted the resolution entitled: "A RESOLUTION COMMENDING OFFICER RONALD BARRANTI." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Mayor Borba declared the Public Hearing opened. Staff Report, dated August 16, 1978, recommending that Council read for the second time and adopt the ordinance amending the Building Code Ordinance. Director of Public Services Addiego explained that this ordinance was necessary due to the need of correcting Section 303(a), Table 3-A of the Uniform Building Code. Mayor Borba asked if anyone wished to speak in favor of the ordinance. As there was none, he asked if anyone wished to speak in opposition. No one spoke. Mayor Borba closed the Public Hearing. Mayor Borba ordered the title of the ordinance read. The title of the ordinance was read. City Attorney then explained the ordinance and advised Council regarding procedure for adoption and passage. Councilman Damonte 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 Mirri and passed by unanimous vote. Councilman Damonte moved that the ordinance entitled, "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING BUILDING CODE ORDINANCE 691-75, AS AMENDED (TABLE NO. 3-A)," the entire reading of which has been duly waived be passed and adopted, seconded by Councilman Mirri 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, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Mayor Borba declared a recess at 10:45 p.m. Mayor Borba recalled the meeting to order at 10:55 p.m. 8/16/78 Page 13 166 PUBLIC SERVICES RESO, NO, 107-78 AWARD OF CONTRACT 1978-79 STORM DRAIN IMPR (REVISED) PROJECT SD-78-1 RESO. NO. 108-78 AUTHO EXECUTION OF AGREEMENT SM COUNTY FLOOD CONTROL DIST IMPROVEMENTS BETW~N SPRUCE & ORANGE Staff Report, dated August !6~ !978, recommending that Council adopt a resolution awarding.the !978-79 Storm Drain- age Improvements (Revised) - Project No. SD-78-1 to the lowest responsible bidder. Director of Public Services Addiego explained the project and announced that the recommendation of staff was to award the contract to Venturini Corporation, the lowest responsible bidder, with the bid of $67,443, and delete Bid Item AIO (Restore Sit~ of $7,800 from the contract. Councilman Damonte introduced the resolution entitled: "A RESOLUTION OF AWARD OF CONTRACT FOR 1978-79 STORM DRAINAGE IMPROVEMENTS (REVISED), PROJECT NO. SD-78-1." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Staff Report, dated August 16, 1978, recommending that Council adopt a resolution authorizing the execution of an agreement providing for the construction of flood control channel im- provements along the Colma Creek between Spruce and Orange Avenues. Director of Public Services Addiego recalled the previous Council meeting in which Council considered several alternatives for inclusion into the project. At this meeting Staff indi- cated City's intent to negotiate compensation for the trans- fer of right-of-way needed by the Flood Control District for the channel improvements and maintenance road. He further explained that the City will pay $24,500 for relocating the sanitary sewer system along Colma Creek and the Flood Control District will pay $48,100 for the rights-of-way for the project and $15,800 toward future landscaping along each side of the creek. Councilman Acosta introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT." Roll call vote was as follows: Ayes, Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia. Noes, none. Absent, none. Councilwoman Teglia requested that the Architectural Committee be asked to look at the strip to be landscaped and formulate some recommendations to be brought back to Council to consider, 8/16/78 Page 14 LEASE OF #3 SO. LINDEN/SCHOOL FACILITIES MR. ROBERT HARRIS, DECEASED ITEMS FROM STAFF PROPOSAL TO UPGRADE PUMP HOUSE IN EX- CHANGE FOR LAND COMMUNICATIONS RE BARGAINING RIGHTS TRANSFERRED FROM MARINE ENGINEERS' TO STATIONARY ENGINEERS LOCAL 39 PARTICIPATION IN CALIFORNIA LIBRARY SERVICES ACT The matter of the lease between the City of South San Francisco and Ella Yamas for the use of #3 So. Linden Avenue was the next to be considered. Director of Parks and Recreation Norton reported on the suggested use of school facilities and stated that the space available was not feasible at this time. He remarked that he was pursuing another alternative and would be back to Council with his recommendation. Council so approved. Mr. Norton advised Council that Mr. Robert Harris, employee of the Parks Division, had died early that morning; and that arrangements had not as yet been made. City Manager Birkelo stated that the Director of Public Services had a brief presentation to make to Council. Director of Public Services Addiego briefly explained to Council that he had received a letter from Mr. A. R. Mason, President of Northwest Equity Corporation, August 16, 1978, concerning the pump house located at Kimball and Swift Avenues. Mr. Mason had submitted a proposal to upgrade the pump house, grade the land, and landscape the area in exchange for the land around this facility. Discussion followed among Council, the.Director of Public Services, and the City Attorney concerning the exchange of land and expediency because of contruction now underway. Council requested that representatives of the Northwest Equity Corporation, be present at the study meeting. Council stated it would not take action until the next general meeting when all documents could be prepared. City Manager Birkelo stated that he had two communications for Council's attention: 1) letter dated August 9, 1978, from Ben Hudnall, Representative of the District No. 1, Pacific Coast District, MEBA (AFL-CIO) advising that the Marine Engineers' Beneficial Association has transferred its bargaining rights to the Stationary Engineers Local #39. He recommended that it be referred to the City Attorney for review and recommendation, and brought back to Council; 2) Staff Report, dated August 16, 1978, with respect to approval of participation in programs of the California Library Services Act and application and acceptance of funds under this Act. Mr. Birkelo requested that this item be considered along with the Library Budget. Since there were no objections, the recommendations of the City Manager were approved and accepted. 8/16/78 Page 15 168 ITEMS FROM COUNCIL USERS FEE - MARCH ELECTION BALLOT ITEM HAZARD OF NEWSPAPER VENDING MACHINES ON DOWNTOWN CORNERS PROHIBITION OF BICYCLE RIDING ON DOWNTOWN SIDEWALKS TRUCKS' PARKING ON EL CAMINO REAL AND PONDEROSA RD GOOD AND WELFARE COMPLAINTS OF MR. JAMES C. ELMORE RE VIOLATIONS OF BLDG CODES REMARKS CONCERNING EXPENDITURES Councilman Acosta remarked that the City of Hillsborough had imposed a $200 Users Fee and inquired why the City of South San Francisco could not do so. The City Attorney explained his reasons for advising against it after which City Manager Birke!o stated that it was being considered for the March election. Councilman Damonte brought the matter of newspaper vending machines on downtown corners in the City to Council's attention. Discussion followed concerning the requirement of a business license, hazardous conditions imposed upon pedestrians, and freedom of press under the First Amendment of the Constitution. City Attorney Noonan stated that he would research the Public Safety aspect and report to Council. Councilman Mirri brought forth the matter of bicycle riding on the sidewalks on Grand Avenue. He stated that the down- town merchants were concerned with the safety of youngsters and shoppers. He requested that some type of posted sign to remedy the situation whereby bicycle riding would be prohibited on downtown sidewalks be considered. City Manager Birkelo announced that staff would pursue the request and report to Council with proposals. Councilman Damonte requested that the Police Department be notified that it appeared that permanent residency was being taken by some trucks at the co,rner of E1 Camino Real and Ponderosa Road. Since Items from Council had been concluded, Mayor Borba asked if anyone wished to speak under Good and Welfare. Mr. James C. Elmore, 642 Commercial Avenue, spoke concerning the building violations and his acquiescence to correct the situation. He further commented on the City departments' not abiding by certain Building Codes. Mr. Elmore was requested to bring specific documents and facts to Council concerning his objections. In response to Council's request, the City Manager stated that he would meet with Mr. Elmore and examine the records in greater detail and report back to Council. Mr. John So!o, Commercial Avenue, spoke in opposition to the expenditure of monies by Council. He expressed concerns on the future financial climate of the country. 8/16/78 Page 16 ADJOURNMENT As no one else spoke under Good and Welfare, Mayor Borba adjourned the meeting to Thursday, August 17, 1978, 3:00 p.m., Council Conference Room, City Hall. Time of adjournment: 12:05 p.m. RESPECTFULLY SUBMITTED, APPROVED: ~?~g~tM. Pettigrew, Cit~/Clerk C~y of South San Francisco William A. BorDa, 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. 8/16/78 Page 17