HomeMy WebLinkAboutMinutes 1979-08-01Mayor Terry J. Mirri
Vice Mayor Ronald G. Acosta
Council:
William A. Borba
Emanue!e N. Damonte
Roberta Cerri Teglia
MINUTES
CITY COUNCIL
178
W. Orange Avenue Library Auditorium
August l, 1979
A G E N D A
Regular Meeting
CALL TO ORDER - (TF-O01)
PLEDGE OF ALLEGIANCE
PRESENTATION
RESOLUTION COMMENDING JUDITH ROSATANO
AND LOUIS ERCOLI (RESO. NO. 86-79)
AGENDA REVIEW (TF-O07)
Addition of Item 21 - Report re
Crestwood Drive Drainage Problem
Request to defer Item 19
CONSENT CALENDAR (TF-Oll)
1. Minutes of Regular Meeting of 7/18/79
2. Application for Leave To Present Late
Claim as filed by Eschoo, DuBois,
Scott & Pollock, Attys at Law, on be-
half of Marie M. Brandfass, alleging
negligence of traffic signal function
on 7/6/78
3. Claim as filed by CA State Automobile
Assn., on subrogated claim (Billy C.
& Dorothy McWilliams) alleging damages
as result of collision with City
vehicle
4. Claim as filed by Julie Ormando alleg-
ing property damage as a result of
incident involving City vehicle
ACTION TAKEN
Regular Meeting
7:30 p.m., Mayor Mirri presiding.
Council present: Acosta, Borba, Teglia and
Mayor Mirri; absent, Damonte
Recited
PRESENTATION
In the absence of Judith Rosatano and Louis
Ercoli, Mayor Mirri continued the presentation.
AGENDA REVIEW
Request for addition of Item 21 under ITEMS FROM
STAFF - Report on the current status of Crest-
wood Drive Drainage Problem.
No objections - so approved.
Request to defer Item 19 under PUBLIC SERVICES
for the resolution of some legal problems.
No objections ~ so approved.
CONSENT CALENDAR
Approved
M/S Borba/Teglia - That the Application be re-
jected on the basis that it is untimely in that
it does not comply with California Government
Code ~ 911(b).
Carried unanimously by voice vote; Damonte, abse~
Denied and referred to Insurance Carrier and
to Office of City Attorney.
Denied and referred to Insurance Carrier and
to Office of City Attorney.
AGENDA (Continued) ACTION TAKEN (Continued)
CONSENT CALENDAR (_Continued) CONSENT CALENDAR
The following claims were submitted by City Attorney NQonan requested the Claims
Irell & Manella, Attys at Law, on be- No.. 5 through No, 10 be continued to the
half of JHS Real Estate Company for next regular meeting.
alleged damages in connection with
real property comprising: No objections - so approved.
Westborough Hills Condo Assn. No. 1
6. Westborough Hills Condo Assn. No. 3
7. Westborough Hills-~ondo Assn. No. 5
8. Westborough Hills Condo Assn. No. 6
9. Westborough Hills Condo Assn. No. 7
10. Westborough Hills Co~o Assn. No. 8
ll. Staff Report 8/1/79 recommending
award for Quarterly Leisure Activitie;
Brochure. .~L~~
12. Staff Report 8/1/79 recommending
adoption of Reso authorizing Staff
to advertise for bids for 1979-80
Street Resurfacing Program
Awarded contract to Rapid Printers & Litho-
graphers, Inc.
13.
RESOLUTION APPROVING PLANS & SPECS,
AUTHORIZING WORK & CALLING BIDS FOR
1979-80 STREET RESURFACING PROGRAM,
PROJECT NO. ST-79-3
Staff Report 8/1/79 recommending
acceptance of Gellert Blvd. Extension
Project Assessment Dist., Phase II
Street Improvements
APPROVAL OF BILLS (TF-030)
RESOLUTION NO. 87-79
Acceptance of the Project
M/S Borba/Acosta - That the Items 1 through 13,
with the exception of 5 through 10, be approved
and accepted and the resolutions be adopted.
Carried unanimously by voice vote; Damonte,absen
APPROVAL OF BILLS
14.
Regular Bills of August 1, 1979
Due to a conflict of interest, Councilman Borba
recited the list of bills he wished deleted.
M/S Borba/Acosta - That the bills of August l,
1979, as amended, be approved.
Carried unanimously by voice vote; Damonte,abser
M/S Acosta/Teglia- That the deleted bills be
approved.
Carried unanimously by voice vote; Damonte, abse
Borba, abstaining.
8/1/79
Page 2
AGENDA (Continued)
CITY ,ATTORNEY,.
15. Staff Report 8/1/79 re Election
Alternatives for Restoration of
Magnol i .a Center
(TF-041)
ACTION TAKEN (Continued)
CITY ATTORNEY
Councilwoman Teglia excused herself at 7;40 p.m.
She stated that she owned property within 300 ft.
of the subject Magnolia Center.
City Manager Birkelo expanded upon the report
from the City Attorney by bringing forth several
facts for Council's consideration: 1) That the
City does not have current accurate estimates
of cost of rehabilitation or demolition of the
structure and does not have an appraisal on the
value of the property for sale purposes; 2) That
the use of the property is unclear because of
the present Municipal Services building's
accommodating most recreational department's
activities; 3) The State Legislature has not
as yet passed legislation, SB 785 (Foran) which
would clarify the availability of seeking voter
approval of "Special Tax" for the purposes of
funding any rehabilitation project; 4) That a
proposition submitted on the Nov. ballot could
be only general in nature and would require a
second ballot proposition for specific funding.
He suggested public hearings be held for public
opinions, and the public would be in a better
position to make their decision.
Council indicated that it was aware of the sub-
mittal of the Resolution of Intent by Aug. 24
for the Nov. ballot but felt that the people
should have the right to vote on the decision
to renovate or demolish the structure.
City Manager Birkelo commented that his sugges-
tion of public hearings would give Council a
feeling of the public's wishes for the uses of
the facility and allow for a project specifi-
cally designed for its use.
Council agreed but that each delay would accel-
erate costs and that a study had been made con-
cerning the renovation and cost of the center.
Council commented that the public might decide
not to renovate in the first ballot and would
not be an issue on the next election but it was
their opportunity to be heard. It was next
suggested that the matter be continued to the
next agenda when Councilman Damonte would be
present.
Director of Finance Anderson explained that
Council cannot place an Ad Valorum tax and
the "Special Tax" is yet to be defined.
8/1/79
Page 3
AGENDA ('Continued
CITY ATTORNEY (Continued)
15.
Staff Report 8/1/79 re Election
Alternatives for Restoration of
Magnolia Center (TF-120)
CITY MANAGER
Staff Report 8/1/79 recommending
authorization of Leave of Absence to
employee in accordance with Personnel
Rules & Regulations Sec. 11.'05
(TF-135)
ACTION TAKEN !Continued)
CITY ATTORNEY (Continued)
It was the consensus of Council that a decision
would be withheld until Councilman Damonte was
present. It was decided that the meeting would be
adjourned to Wednesday, August 8, 1979, 7:00 p.m.,
for further discussion on the matter.
Councilwoman Teglia appeared present at 7:58 p.m.
City Manager Birkelo explained the appeal of
Communications Dispatcher Wendy Grainger for a
4-months' Leave of Absence rather than the recom-
mended 1-month by the Communications Policy Board.
He further clarified the maternity leave, disa-
bility leave and the request for an extension of
the Leave of Absence.
Dispatcher Graing~rrelated her previous requests
for the Leave of Absence extension and the advice
of her Supervisor to submit this request in writ-
ing. She further commented on her pregnancy and
birth of her child, and of her request which
would be without payment or benefits from the City
She expanded upon the recent hiring of an addi-
tional dispatcher in the unit.
Communications Supervisor Dueane Williams explaine
the use of the 90-day Sick Leave, L.T.D. program,
and the advice to Mrs. Grainger regarding State
Law to provide up to 4 months~ Leave of Absence.
He commented on the findings of the Communications
Policy Board and its recommendation.
Councilman Borba moved to grant a 30-day Leave
of Absence to Dispatcher Grainger. Motion died
for lack of a second.
Council discussed the economic consequences of the
11 dispatchers should the request be denied.
City Manager Birkelo suggested that Council might
consider the possibility of allowing the Supervis(
and his office grant the Leave of Absence as coul¢
be available.
Council requested clarification of the request
for this leave and its cause.
City Manager explained that the employee wished t(
care for her new-born child while the policy boar(
felt it was for the convenience of the employee
and not an urgent matter in their view.
Mrs. Grainger paraphrased her previous letters
requesting full information on what medical leave
was available to her.
8/1/79
Page 4
AGENDA (Continued)
CITY MANAGER (Continued)
16.
!ACTIONS TAKEN (Continued)
!CITy MANAGER (Continued) ~ ~
Staff Report 8/1/79 recommending autho-!Mrs. Grainger detailed her pregnancy and the
rizati'on of Leave of Absence of em- ~complications of the child's birth. She remarked
ployee in accordance with Personnel ~that her doctor and the child's pediatrician had
Rules & Regulations Sec. 11.05 (Cont.) advised her that the 4-months' extension would be
(TF-267) for her benefit and the child's welfare.
M/S Teglia/Acosta - That a 4-months' Leave of
Absence be granted to Dispatcher Grainger.
Carried unanimously by voice vote; Damonte, absent
17.
Public Hearing - Proposed Rezoning of
Lands of Cunningham
Staff Report 8/1/79 recommending
first reading/introduction of Ord.
(TF-300)
Mayor Mirri declared the Public Hearing opened.
City Manager Birkelo explained that this is the
first application of the R-E Rural Estates Zoning
in that portion of the Country Club Estates. He
commented on the recommendation of LAFCO that
County island areas of less than 100 acres be
annexed to the cities and on the 4 hearings to
be held before LAFCO and County Board of Super-
visors. He stated it was Staff' recommendation
to approve the Negative Declaration and intro-
duce the Ordinance.
As no one further spoke, Mayor Mirri declared
the Public Hearing closed.
M/S Borba/Teglia - That the Negative Declaration
No. 219 be approved.
Carried unanimously by voice vote; Damonte, abseni
1st Reading/Introduction M/S Borba/Teglia - That the reading of the Ordi-
AN ORDINANCE OF THE CITY OF SOUTH SAN nance in its entirety be waived and that the
FRANCISCO PREZONING A PARCEL DESIGNATEC Ordinance be introduced and read for the first
AS THE LANDS OF CUNNINGHAM IN COUNTRY
CLUB PARK TO A RURAL ESTATES ZONE
time by reading title only. The title was read.
Carried unanimously by voice vote; Damonte, absen'
M/S Borba/Teglia - That the Ordinance be intro-
duced by reading title only.
Carried unanimously by voice vote; Damonte, absen
RESOLUTION COMMENDING JUDITH ROSATANO
AND LOUIS ERCOLI
(TF-332)
Mayor Mirri took the opportunity to recognize
Mrs. Judith Rosatano and requested that she come
to the podium. He expressed Council's admiration
and commended her for the quick action that saved
another person's life. He read the Resolution
into the records.
Mrs. Rosatano thanked Council for this commend-
ation.
8/1/79
Page 5
AGENDA (Continued)
POLICE
18. Staff Report 8/1/79 recommending
first reading/introduction of Ord.
1 st Readi ng/I ntroducti on
AN ORDINANCE REGULATING PALMISTRY AND
OTHER SIMILAR PRACTICES
(TF-336)
ITEMS FROM STAFF
20. Report re Zoning Violations
640 Commercial Avenue
(TF-352)
PUBLIC SERVICES
21.
Status Report on Crestwood Creek
Drainage
(TF-367)
ACTIONS TAKEN (Continued)
POLICE
City Manager Birkelo that the Ordinance was being
introduced, not because of any instance but for
a long-term control.
Police Chief Datzman explained the change on
Page 1, Section 2, clarifying the advertising
regarding signs. He explained the other change
on Page 4., Section 10 concerning civic control.
M/S Borba/Teglia - That the reading of the Ordi-
nance in its entirety be waived and that the
Ordinance be introduced and read for the first
time by reading title only. The title was read.
Carried unanimously by voice vote; Damonte, abse~
M/S Borba/Teglia - That the Ordinance be intro-
duced by reading title only.
Carried unanimously by voice vote; Damonte, abse~
ITEMS FROM STAFF
Council requested that the matter be continued
until Mr. Elmore could be present.
City Manager Birkelo reported that the infor-
mation submitted required no action, but was
informational only and the infraction had been
taken care of.
Council requested that Mr. Goldman also be
contacted.
PUBLIC SERVICES
Director of Public Services Yee recapitulated thc
problems of the Crestwood Creek Drainage and the
direction of Council to negotiate with Colma and
County of San MateD. He explained the meetings
held and the subsequent preparation of plans &
specs with bids to be let some time in August
if Council approves. He explained the step leve
of 70% of the total cost will be participated in
by Colma and County, remaining 30% by City,
total cost of $250,00~ He stated the reason he
is before Council is that City needs to acquire
an easement from the School District and a small
piece of property from a private owner.
M/S Teglia/Acosta - That the Director of Public
Services be authorized to continue negotiations
in this regard.
8/1/79
Page 6
AGENDA (Continued)
PUBLIC SERVICES (Continued)
21. Status Report on Crestwood Creek
Drainage (Continued)
ITEMS FROM COUNCIL
Request re service in West Winston
Manor- SamTrans
(TF-394)
Request for report on use of
Runway 28
(TF-403)
Comments re misuse of Memorial
Park on weekends
(TF-419)
Request for Report concerning
conditions of City Medium Strips
(TF-426)
Comments re Condition of City
Hall Grounds
(TF-433)
ACTIONS TAKEN (Continued)
PUBLIC SERVICES (Continued)
City Manager Birkelo remarked that the net
cost to the City after deducting the engineering
cost would be approximately $50,000, and which
would appear in the new Capital Improvement Budg~
Carried unanimously by voice vote; Damonte, absent
ITEMS FROM COUNCIL
Councilwoman Teglia requested a report concerning
the discontinuance of service of SamTrans in the
West Winston Manor area.
City Manager Birkelo remarked that he had been
in contact with residents in the area and had
requested they meet in City Hall with representa-
tives of SamTrans; and from this meeting, a
report would be forthcoming to Council.
Councilwoman Teglia next requested a report con-
cerning the greater use of Runway 28 because of
its impact on the community.
City Manager Birkelo stated that Planning Staff
had attended a meeting at the Airport several
weeks ago and had discussed the take-off patterns
and Shoreline departure route. He suggested that
Council might wish to discuss the matter before
an official communication is sent.
Councilwoman Teglia pointed out that the Land UsE
Study would be concluded in January and one
recommendation was that as much as 75% of the
flights from the Airport would be from Runway 28,
Council requested Staff to report in 4 weeks.
Councilman Acosta spoke about the can-and-bottle
debris onweekends in Memorial Park.
City Manager Birkelo stated that he would have a
Staff Report on this submitted to Council.
Councilman Acosta wished the item of park reser-
vations be added to the report.
Councilwoman Teglia brought the ~matter of the
condition of the medium strips to the floor.
It was requested that a report be submitted in
the Status Report concerning care of the mediums
Mayor Mirri next spoke about the landscaping car
of the City Hall grounds. He commented on the
rotating schedules and its not having successful
results in the care of the growths.
8/1/79
Page 7
AGENDA (Continued)
ITEMS FROM COUNCIL (Continued)
Comments re Condition of City'
Hall Grounds (Continued~
GOOD AND WELFARE
Comments re Audience-participation
in discussions on Agenda Items
(TF-456)
ADJOURNMENT
RESPECTFULLY SUBMITTED,
ACTION TAKEN (Continued)
ITEMS FROM COUNCIL (Continued)
185
Council further discussed resodding and irriga-
tion-system plans for the Civic Center complex
and the funds for this project; and the main-
tenance of the present landscaping.
As no one else spoke, Mayor Mirri invited anyone
present in the audience to speak.
· GOOD AND WELFARE
Mrs. Helen Price, 350 Myrtle Avenue, Redwood Ci~
spoke about audience participation in the items
before Council, and concurred in the suggestion
of the City Manager to hold Public Hearings with
respect to the rehabilitation of the Magnolia
Center. She further spoke about the civic pride
and felt South San Francisco should stimulate
this feeling.
Mayor Mirri explained that the audience was
invited to speak and he explained the modifi-
cations to the Palmistry Ordinance. An explana-
tion of the Zoning Ordinance to restrict certain
section for this type of business was next given
to Mrs. Price.
Since no one else spoke, Mayor Mirri entertained
a motion to adjourn.
M/S Borba/Acosta - That the meeting be adjourned
to Wednesday, August 6, 1979, 7:00 p.m.
Carried unanimously by voice vote; Damonte, ab~r
Time of adjournment: 9:05 p.m.
APPROVED:
Terry O~-/Mir~, Mayor
City of South~San Francisco
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 are
available for inspection, review, and copying.
8/1/79
Page8