HomeMy WebLinkAboutMinutes 1982-01-06Mayor Gus Nicolopulos
Vice Mayor Roberta Cerri Teglia
Council:
Ronald G. Acosta
Mark N. Addiego
Emanuele N. Damonte
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
January 6, 1982
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the
Government Code of the State of California, that the City Council of the
City of South San Francisco will hold a Special Meeting on Wednesday, the
6th of January, 1982, at 6:00 p.m., in the Community Room, Municipal
Services Building, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
Closed Session for labor relations and litigation.
~Nicolopulos, M~yor
City of South San Francisco
Dated: December 24, 1981
AGENDA
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
CALL TO ORDER:
CLOSED SESSION:
RECALL TO ORDER:
ADJOURNMENT:
ACTION TAKEN
SPECIAL MEETING
Recited.
6:14 p.m. Mayor Nicolopulos presiding.
Council present: Damonte, Acosta, Teglia,
Addiego and Nicolopulos.
Council absent: None.
Council adjourned to a Closed Session at
6:15 p.m.
The meeting was recalled to order at
7:27 p.m., all Council present, Staff
was given direction.
M/S Addiego/Acosta - That the meeting be
adjourned.
Carried by unanimous voice vote.
The meeting was adjourned at 7:28 p.m.
1/6/82
Page 1
A G E N D A A C T I 0 N T A K E N '-
RESPECTFULLY SUBMITTED,
APPROVED:
Barbara A. Battaya, City ~]'erk
City of South San Francisco
-Gus Nicolopulos ,May~'~
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to
dispose of an item. Oral 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.
1/6/$2
Page 2
Mayor Gus Nicolopulos
Vice Mayor Roberta Cerri Teglia
Council:
Ronald G. Acosta
Mark N. Addiego
Emanuele N. Damonte
AGENDA
PLEDGE OF ALLEGIANCE
CALL TO ORDER: (Side 1 TF-O06)
INVOCATION:
AGENDA REVIEW
City Manager Birkelo requested:
- Add Item 17a regarding matters
relating to the flood and the
aftermath.
- Closed Session for litigation
at the close of the meeting.
ORAL COMMUNICATIONS
CONSENT CALENDAR
Staff Report 1/6/82 recommending
by Motion to deny and refer the
following claim to the City's
Insurance Adjuster and to the
Office of the City Attorney:
Claim as filed by Mattie L.
Denson, alleging damage to her
tire as the result of a poorly
marked construction area.
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
January 6, 1982
ACTION TAKEN
Recited.
9:01 p.m. Mayor Nicolopulos presiding.
Council present: Damonte, Acosta,
Teglia, Addiego and
Nicolopulos.
Council absent: None.
Pastor Jun W. Jue, Saint Paul's
United Methodist Church, gave the
invocation.
Council i expressed the~-r~ gratitude
to Staff for work done during the
storm.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
No one chose to speak.
CONSENT CALENDAR
So ordered.
1/6/82
Page 1
AGENDA ACTION TAKEN
CONSENT CALENDAR
2. Staff Report 1/6/82 recommending
by Motion to deny and refer the
following claim to the City's
Insurance Adjuster and to the
Office of the City Attorney:
Claim as filed by Betty M.
Leland, alleging damage to her
fence caused by roots from, a
City tree. ~~c~:
3. Minutes of the Special Joint
Meeting of 9/22/81 with the
Board of Supervisors.
4. Resolution for James E. Rice
retiring employee on 12/31/82.
A RESOLUTION COMMENDING JAMES
RICE ~/7
Resolution for Peter Campilongo
retiring employee on 1/29/82.
A RESOLUTION COMMENDING PETER
CAMPILONGO
6. Staff Report 1/6/82 recommending
by Motion to set 1/20/82 as a
Public Hearing date to consider
an appeal of Shamiana Inc./
UP-81-604 and Negative Declara-
tion No. 340.
7. Staff Report 1/6/82 recommending
by Motion to set 2/3/82 as a
Public Hearing date to consider
an appeal of Milan Jurkota/RPD-
81-25 and Negative Declaration
No. 342.
8. Staff Report 1/6/82 recommending
by Motion to set 2/3/82 as a
Public Hearing date to consider
an appeal of Sam Leonetti/V-81-251.
9. Staff Report 1/6/82 recommending
by Motion to set 2/3/82 as a
Public Hearing date to consider
an appeal of Sam Leonetti/UP-81-600.
CONSENT CALENDAR
So ordered.
Approved.
RESOLUTION NO. 1-82
RESOLUTION NO. 2-82
So ordered.
So ordered.
So ordered.
So ordered.
1/6/82
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
10. Staff Report 1/6/82 recommending
by Motion to set 2/3/82 as a
Public Hearing date to consider
an appeal of Kirk D. Lassiter/
UP-81-609.
11. Staff Report 1/6/82 recommending
by Motion to authorize the
Purchasing Officer to advertise
for bids for play equipment at
Orange Memoria~~uipment #1).
12. Staff Report 1/6/82 recommending
by Motion to authorize the
Purchasing Officer to advertise
for bids for play equipment at
Orange Memorial Park (Equipment #2).
13. Staff Report 1/6/82 recommending
by Motion to authorize the
Purchasing Officer to advertise
for bids for one 7 Gang Lawn Mower.
14. Staff Report 1/6/82 recommending
by Motion to authorize the
Purchasing Officer to award the
bid to Custom Courts for $10,500
for tennis court resurfacing and
to authorize a change order to
$5,000 for additional, services.
15. Staff Report 1/6/82 ~ecommending
by Motion to accept as complete
the Appian Village Unit #1 Condo
Subdivision ~~rovements.
16. Staff Report 1/6/82 recommending
adoption of a Resolution to
authorize the City to apply for
SB 174 funds (Sign Hill Enhancement
Project).
A RESOLUTION APPROVING THE
APPLICATION FOR GRANT FUNDS
UNDER THE ROBERTI-Z'BERG URBAN
OPEN-SPACE AND RECREATION PRO-
GRAM FOR SIGN HILL ENHANCEMENT
PROJECT
CONSENT CALENDAR
So ordered.
Approved.
Approved.
Approved.
Approved.
Removed from Consent Calendar for
discussion by Councilman Addiego.
RESOLUTION NO. 3-82
M/S Damonte/Acosta - Consent Calendar
be approved with the exception of Item
No. 15.
1/6/8~
Page ~
AGENDA ACTION TAKEN
CONSENT CALENDAR
15.
Staff Report 1/6/82 recommending
by Motion to accept as complete
the Appian Village Unit #1 Condo
Subdivision Public Improvements.
APPROVAL OF BILLS
17. Approval of the Regular Bills of
1/6/82.
17a.
A RESOLUTION DECLARING THE BUILD-
ING AT 52 FRANKLIN AVENUE, SOUTH
SAN FRANCISCO, CALIFORNIA, TO BE
A PUBLIC NUISANCE WITHIN A STREET
RIGHT-OF-WAY AND AN IMMEDIATE
HAZARD TO THE PUBLIC HEALTH AND
SAFETY AND ORDERING THE ABATEMENT
THEREOF
CONSENT CALENDAR
Carried by unanimous voice vote.
Councilman Addiego requested a des-
cription of the modifications of the
landscaping improvements which were
to have been completed at Appian Way,
Gellert and Westborough Boulevard
median strips.
Director of Parks and Recreation
Norton explained the modifications
which were required.
Discussion followed concerning the
improvements with a request by
Councilman Addiego that Council
not accept the improvements as
complete at this time and invited
Council to inspect the medians. He
stated his concerns relative to the
appearance of the medians.
Consensus of Council to continue
the item to the meeting of 1/20/82.
APPROVAL OF BILLS
M/S Damonte/Acosta - To approve the
Regular Bills.
Carried by unanimous voice vote.
Councilman Addiego did not partici-
pate or vote in the matter of the
claim of Brentwood Market.
City Manager Birkelo presented an account
of the damage which had been sus-
tained during the recent storm.
He explained the areas most affected
and repairs which were required.
Vice Mayor Teglia said that she
had received a call from a resident
concerned with the mud at the
corner of Dundee and Norwich
and requested that the area be
investigated.
City Manager Birkelo responded that
to his knowledge that area was in the
process of being cleaned. He in-
dicated that warning lights could be
1/6/82
Pa9e 4
AGENDA ACTION TAKEN
17a.
A Resolution declaring the build-
ing at 52 Franklin Avenue, South
San Francisco, California, to be
a public nuisance, etc. - Continued.
(TF-134)
set up to warn drivers of the condition.
City Manager Birkelo then commented on
the condition of the home located at
52 Franklin Avenue stating that the
site had been carefully examined by
Staff and in order to prevent further
damage the house should be removed
from the street by the weekend. He
said that Staff had met with the owners
of the property and discussed the ways
in which the City could be of assistance
in resolving the problems which had
arisen and also had indicated that the
City had no choice but to give the
owners notice that the structure
had to be demolished and removed
within a certain time frame or the
City would then have to take action
and turn the cost back to the owners.
He further commented that the City
Attorney had indicated that he would
prefe~ in a situation like this, that
the discussion on the matter be in the
form of a hearing, and that the
discussion take place under oath.
City Attorney Rogers stated "I
suggest that you open the hearing
and hear from Mr. Wittwer and Mr.
Yee on the subject of the condition
of the structure and what they see as
the problem and what their opinions are
as to the situation and then allow
Mr. Leyva a chance to respond and to
present his side of the story."
Mayor Nicolopulos declared the
hearing open.
City Clerk Battaya then swore in
Director of Public Services Yee
saying "Do you swear that the testi-
mony you are about to give shall be
the truth, the whole truth, and
nothing but the truth so help you
God?" Director of Public Services
Yee responded yes.
1/6/82
Page 5
AGENDA ACTION TAKEN
17a.
A Resolution declaring the build-
ing at 52 Franklin Avenue, South
San Francisco, California, to be
a public nuisance, etc. - Continued.
Director of Public Services Yee
explained that he had inspected
the' site located at 52 Franklin Avenue
a number of times and stated that
it was his opinion based upon what
he had seen,"that the structure
currently on the street is relatively
safe, but it should be removed for
the public's safety, -- the distance
between the vehicle which was crushed
underneath the house and the curb is
approximately 8 feet and any potential
emergency exit would be restricted and
could cause a potential problem with
the house if it moves or falls. Be-
cause of that it is my recommendation
to Council that it should be considered
to remove that structure and also the
vehicles in the street as quickly as
is practical."
City Clerk Battaya then swore in
Chief Building Inspector Wittwer
saying "Do you swear that the testi-
mony you are about to give shall be
the truth, the whole truth, and
nothing but the truth so help you
God?" Chief Building Inspector
Wittwer responded yes.
Chief Building Inspector Wittwer
stated,"that as far as the condition
of the house goes, the movement was
so sudden; and so ~evere late Sunday
night and early Monday morning that
the house was pushed off its foundation
by a mud slide that came down from the
saturated hill up above and it pushed
the house completely off of its foun-
dation past the middle of the street
-- the garage under the living room
that is completely crushed, the floor
system is twisted and bent, demolished
to the point where there is no practical
way to solve the problem other than
to demolish the house."
City Clerk Battaya then swore in
Mr. Leyva, owner of the property
located at 52 Franklin Avenue
saying "Do you swear that the testi-
mony you are about to give shall be
the truth, the whole truth, and
1/6/82
Page 6
AGENDA ACTION TAKEN
17a.
A Resolution declarting the build-
ing at 52 Franklin Avenue, South
San Francisco, California, to be
a public nuisance, etc. - Continued.
nothing but the truth so help you
God?" Mr. Leyva responded yes.
Mr. Leyva expressed his gratitude
to Staff for their involvement in
helping in the evacuation of his
home. He requested that Council
wait until after he had met with
his lawyer on January 7, 1982 at
which time he would notify the
City of his decision regarding the
responsibility for the moving of
the house.
Mayor Nicolopulos expressed
concern with the tragedies which
had occurred as the result of
the storm.
Director of Public Services Yee
explained that the amount of the
cost for abatement of the nuisance
at 52 Franklin contained in the proposed
resolution may or may not be accurate
at this time because an estimate had
not been obtained from the contractor
for the work. He also indicated that
he could not guarantee that the abate-
ment would occur by Friday, January 8,
1982 as stated within the Resolution.
Discussion followed relative to the
cost for the abatement and the time
frame involved.
City Attorney Rogers stated that the
wording with respect to the date for
the abatement could be changed to
read "to insure that said nuisance
is abated on or about Friday, January
8, 1982 or as soon thereafter as
possible."
Mayor Nicolopulos then asked if there
was anyone else in the audience who
wished to speak on this matter - no
one chose to speak.
Mayor Nicolopulos declared the hearing
closed.
M/S Teglia/Addiego - To adopt the
Resolution.
1/6/82
Page 7
AGENDA ACTION TAKEN
17a.
A Resolution declaring the build-
ing at 52 Franklin Avenue, South
San Francisco, California, to be
a public nuisance, etc. - Continued.
CITY CLERK
18.
Staff Report 1/6/82 recommending
adoption of a) a Resolution order-
ing and calling the Municipal
Election for 4/13/82; b) a Reso-
lution requesting the County Clerk
to render specified election services;
c) a Resolution determining matters
related to candidates' statements.
A RESOLUTION ORDERING AND CALLING THE
MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, APRIL 13, 1982, ESTABLISHING
THE NOMINATION PERIOD FOR TERMS OF
OFFICE, ORDERING THE PUBLICATION OF
A NOTICE OF ELECTION AS REQUIRED BY
THE ELECTIONS CODE, ESTABLISHING
THE HOURS DURING WHICH THE POLLS
SHALL BE OPEN AND OTHER RELATED
MATTERS
A RESOLUTION REQUESTING COUNTY CLERK
OF SAN MATEO COUNTY TO RENDER SPECI-
FIED ELECTION SERVICES
A RESOLUTION DETERMINING MATTERS
RELATED TO CANDIDATES' STATEMENTS
(QUALIFICATIONS) AND "OTHER MATERIAL'
IN ACCORDANCE WITH ELECTIONS CODE
SECTION 10012 AND RELATED SECTIONS
(GENERAL MUNICIPAL ELECTION 1982)
RESOLUTION NO. 4-82
Carried by unanimous voice vote.
City Manager Birkelo requested
Council authorization to use funds
from the City's catastrophic
reserve to cover some of the project
costs as Staff proceeded.
M/S Addiego/Damonte - To approve the funds.
Carried by unanimous voice vote.
CITY CLERK
City Clerk Battaya explained that
the first Resolution declares
the date of the Municipal Election
as April 13, 1982, orders the
publication of the Notice of Election,
incorporates the provision for a
measure or measures, and establishes
the hours when the polls are open.
The second Resolution requests
specified election services from the
County Clerk; and the third Resolution
deals with the candidates's statements
and departs from City policy of billing
candidates after the fact and requires
prepayment of the estimated prorated
cost of the statement to be paid when
the nomination papers were filed.
She said that questions regarding the
Resolutions should be directed to the
City Attorney as the author of the
Resolutions.
M/S Teglia/Addiego - To adopt the
Resolution ordering and calling
the Municipal Election for April, 1982.
Councilman Acosta stated that he
had read in the newspaper that
Superior Court Judge Melvin Cohn had
overruled the decision of the San
Mateo County Board of Supervisors
in their decision concerning the
consolidation of election for the
City of Daly City. He stated that
in essence the decision had said
that the Board of Supervisors must
allow the City of Daly City to hold
1/6/82
Page 8
AGENDA ACTION TAKEN
CITY CLERK
18. Staff Report 1/6/82 - Continued.
(TF-264)
CITY CLERK
its election in November of 1982
provided there was space on the
ballot. He commented that it was
his understanding that the Board of
Supervisors would meet on 1/7/82
first in an executive session for the
purpose of discussing if the Board would
want to appeal the decision of Judge
Cohn or if not would the City of
Daly City hold its election as
was scheduled for November of 1982,
or allow all cities that petitioned
under SB 230 to hold their elections
as so designated. He stated that he ~
would prefer to see what action the
Board of Supervisors took before con-
sidering the proposed Resolutions.
He suggested that this item be tabled
until that time.
M/S Damonte/Acosta - To table the
item until after the Board of
Supervisors meet.
Discussion followed concerning parlia-
mentary procedure governing motions;
the deadline for adopting the proposed
Resolutions with City Clerk Battaya
stating that the nomination period
would begin January 14, 1982.
City Attorney Rogers in response
to a request for clarification on
the Motions which had been made
stated that a Motion to postpone
indefinitely or table had precedence
over a main motion.
Further discussion followed regarding
parliamentary procedure and the right
of a citizen to speak on an item when
Council was on the question.
City Attorney Rogers stated that there
is no debate on a motion to table.
Motion to table the item passed by a
majority roll call vote. Councilmembers
Addiego and Teglia voted no.
Mr. James Keegan, 1244 Crestwood Drive
1/6/82
Page 9
AGENDA ACTION TAKEN
CITY CLERK
18. Staff Report 1/6/82 - Continued.
CITY CLERK
asked if City Attorney Rogers had
previously stated that the Daly City
case did not affect the other juris-
dictions.
City Attorney Rogers replied "I said
I could not guarantee that the decision
of the judge would be broad enough
so that the ruling would cover our
fact situation, there were some
slight differences in facts between
Daly City and South San Francisco
and I said even though we might wait
for the decision to come down, I
couldn't guarantee that the decision
wouldn't be narrow and not cover us.
However, after reading the decision
today and looking at it carefully,
it is my opinion that the decision
is very broad and covers not only
Daly City's fact situation, but the
entire issue of the power of the
Board of Supervisors to act in the
fashion that they did without regard
to the fact differences -- even
though we didn't sue, the Judges ruling
covers our fact situation."
An in-depth discussion followed con-
cerning the decision of Judge
Cohn in relation to the Board of
Supervisors action involving South
San Francisco.
Mr. Keegan inquired if after the
Board of Supervisors meeting on
1/7/82 would~Daly City be the only
City allowed to consolidate their
election,-is the City of South San
Francisco governed by Judge Cohn's
decision or does South San Francisco
have to go to court.
City Attorney Rogers replied "if
the Board of Supervisors did that
they would clearly be incorrect,
the remedy would be that we would
seek a Writ of Mandate on behalf of
this City. The decision is so broadly
stated that its clear that what the
Judge said is they did not have a right
1/6/82
Page 10
AGENDA ACTION TAKEN
CITY CLERK
18. Staff Report 1/6/82 - Continued.
CITY MANAGER
19.
Staff Report 1/6/82 recommending
adoption of a Resolution authorizing
and approving the appointment of the
City Attorney.
A RESOLUTION AUTHORIZING AND APPROV-
ING THE APPOINTMENT OF THE CITY
ATTORNEY ~p~~
RECESS: ~-~ ~--~
RECALL TO ORDER:
20.
Staff Report 1/6/82 recon~ending
adoption of a Resolution approving
and authorizing execution of Joint
Exercise of Powers Agreement for
Processing of Parking Citiations
A RESOLUTION APPROVING AND AUTHOR-
IZING EXECUTION OF A JOINT EXERCISE
OF POWERS AGREEMENT FOR THE PRO-
CESSING OF PARKING CITATIONS (J-PARK)
CITY CLERK
to make their decision with regard
to a general law city taking into
consideration anything other than
whether or not they could accommo-
date the ballot and that was an
administerial act on their part
and if they could not consider
anything to do with the length of
councilmembers terms or anything
else like that." He further
stated "the precedent is there
now:within San Hateo County that the
Court has ruled that with regard to a
general law city that the County action
was wrong - they didn't give any fact
distinction, they just talked about the
law."
CITY MANAGER
M/S Addiego/Damonte - To adopt the
Resolution.
RESOLUTION NO. 5-82
Carried by unanimous voice vote.
Mayor Nicolopulos declared a recess
at 10:05 p.m.
The meeting was recalled to order
at 10:25 p.m., all Council present.
City Manager Birkelo explained that
the City had been involved with
other cities in the Northern Judicial
District, Bart and the Airport in
seeking solutions to the parking
citation collection process to avoid
a backlog of citations which had
occurred previously which resulted in
the dismissal of large numbers of
citations. He stated that the con-
clusion of.all of the participating
groups following a study authorized
the Criminal Justice Council would be
for the Agencys to seek a private
contractor to process the parking
citations.
1/6/82
Page 11
AGENDA ACTION TAKEN
CITY MANAGER
20. Staff Report 1/6/82 - Continued.
21.
22.
Staff Report 1/6/82 recommending
adoption of a Resolution accepting a
Memorandum 'of Understanding for
Unit #3 field and office.
A RESOLUTION ACCEPTING AND APPROVING
MEMORANDUM OF UNDERSTANDING FOR
UNIT NO. 3 FIELD AND OFFICE EMPLOYEES
REPRESENTED BY AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 1569 AFL-CIO JANUARY 1, 1982 -
DECEMBER 31, 1982 ~f~5~
Staff Report 1/6/82 recommending
adoption of a Resolution on part-time
salaries.
A RESOLUTION AUTHORIZING AND APPROV-
ING CERTAIN SALARY ADJUSTMENTS FOR
PART-TIME POSITIONS EFFECTIVE
JANUARY 1, 1982
COMMUNITY DEVELOPMENT
2S.
Staff Report 1/6/82 recommending
introduction of an Ordinance on
Condominium Conversions: 1) Motion
to waive further reading of the
Ordinance; 2) Motion to introduce
the Ordinance.
CITY MANAGER
Discussion ensued relevant to the
conditions of the agreement; method
of selecting contractor; costs to
each agency involved in the JPA;
anticipated revenues to be received;
auditing procedures, etc.
M/S Acosta/Addiego - To adopt the
Resolution.
RESOLUTION NO. 6-82
Carried by unanimous voice vote.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 7-82
Carried by unanimous voice vote.
M/S Acosta/Damonte - To adopt the
Resolution.
Vice Mayor Teglia expressed concern
regarding the amount of the adjustment
and indicated that she felt the unit
deserved more than a 3% percent in-
crease.
RESOLUTION NO. 8-82
Carried by majority voice vote.
Councilmember Teglia voted no.
COMMUNITY DEVELOPMENT
1/6/82
Page 12
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
23. Staff Report 1/6/82 - Continued.
4.
1st Reading/Introduction
AN ORDINANCE REPEALING CHAPTER 15.52
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE AND ORDINANCE NO. 869, ENTITLED
"AN ORDINANCE REGULATING THE CONVERS-
ION OF CONDOMINIUMS, STOCK COOPERA-
TIVES AND COMMUNITY APARTMENT PRO-
JECTS'' AND ADDING CHAPTER 19.80 TO
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE, ENTITLED "CONDOMINIUM CON-
VERSIONS REGULATED"~~~_~,~
Staff Report 1/6/82 recommending
introduction of an Ordinance on
Subdivisions: l) Motion to waive
further reading of the Ordinance~
2) Motion to introduce the Ordinance.
25.
1st Reading/Introduction
AN ORDINANCE ADDING SECTIONS
19.08.052, 19.08.054, 19.08.056,
19.08.058, 19.08.094, 19.08.124,
19.08.134, 19.08.204, 19.08.212,
19.08.214, 19.08.216, 19.08.218,
19.08.294 AND 19.08.296 TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE,
WHICH SECTION PROVIDE FOR VARIOUS
DEFINITIONS TO BE USED WITHIN
TITLE 19 OF THAT CODE ~~/~~
Staff Report 1/6/82 recommending
introduction of an Ordinance on
Subdivisions: 1) Motion to waive
further reading of the Ordinance;
2) Motion to introduce the Ordinance.
1st Reading/Introduction
AN ORDINANCE AMENDING AND ADDING
SECTIONS TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND ORDINANCE NO.
861 ENTITLED "AN ORDINANCE
REGULATING THE DESIGN, IMPROVE-
MENT AND SURVEY DATA OF SUB-
DIVISIONS AND CERTAIN OTHER
DIVISIONS OF LAND AND THE FORM
AND CONTENT OF TENTATIVE, FINAL
AND PARCEL MAPS THEREOF: PROVID:
ING PENALTIES FOR THE VIOLATION
HEREOF AND DESIGNATING AN ADVIS-
COMMUNITY DEVELOPMENT
City Clerk Battaya read the entire
title of the Ordinance aloud.
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Tegl~a/Addiego - To introduce the
Ordinance.
Carried by unanimous voice vote.
City Clerk Battaya read the entire
title of the Ordinance aloud.
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Acosta - To introduce the
Ordinance.
Carried by unanimous voice vote.
1/6/82
Page 13
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
25. Staff Report 1/6/82 - Continued.
ORY AGENCY, SAID ORDINANCE BEING
ADOPTED PURSUANT TO THE SUBDIV-
ISION MAP ACT AS AMENDED, AND TO
THE GENERAL POWERS OF THE CITY
OF SOUTH SAN FRANCISCO, STATE OF
CALIFORNIA: AND REPEALING ORDIN-
ANCES 603, 619, 692, 694, 742,
750, 829 AND 851"
FINANCE
26.
Staff Report 1/6/82 recommending
introduction of an Ordinance on
Business License Fees: 1) Motion
to waive further reading of the
Ordinance; 2) Motion to introduce
the Ordinance.
1st Reading/Introduction
AN ORDINANCE AMENDING SECTION
6.16.040 OF THE SOUTH SAN FRANCISCO
COMMUNITY DEVELOPMENT
City Clerk Battaya read the entire
title of the Ordinance aloud.
Director of Community Development
Dell'Angela stated that a minor
problem had arisen regarding the
wording in Section 5 of the proposed
ordinance pertaining to CC&R's and
assigned parking spaces within the
parking district. He requested
that the wording be changed to
read "section assigning parking
space(s) for the exclusive use
of the owners or occupants of each
unit. The number of parking spaces
to be assigned to each unit shall be
determined with reference to the
requirements for off-street parking
as set forth in Chapter 20.52 of
this Code."
Discussion followed concerning the
availability of parking spaces within
the parking district and the effect
the proposed change would have.
M/S Damonte/Teglia - To waive further
reading of the ordinance with the
modified wording.
Carried by unanimous voice vote.
M/S Damonte/Teglia - To introduce
the Ordinance with Exhibit "A".
Carried by unanimous voice vote.
FINANCE
1/6/82
Page 14
AGENDA ACTION TAKEN
FINANCE
26. Staff Report 1/6/82 - Continued.
MUNICIPAL CODE AND SECTION 4.5 OF
ORDINANCE NO. 720 ENTITLED "AN
ORDINANCE LICENSING THE TRANS-
ACTIONS AND CARRYING ON OF CERTAIN
BUSINESSES, TRADES, PROFESSIONS,
CALLINGS AND OCCUPATIONS IN THE CITY
OF SOUTH SAN FRANCISCO, FOR THE
PURPOSE OF RAISING MUNICIPAL REVENUE
AND PROVIDING A PENALTY FOR THE
VIOLATION THEREOF" AS AMENDED BY
ORDINANCE NO. 751 AND ADDING
SECTION 6.16.045 TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
POLICE
27.
Staff Report 1/6/82 recommending
introduction of an Ordinance on
Coin Operated Amusement Devices:
1) Motion to waive further reading
of the Ordinance; 2) Motion to intro-
duce the Ordinance.
1st Reading/Introduction
AN ORDINANCE REPEALING THE FORMER
CHAPTER 6.44 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE AND
ORDINANCE NO. 636 ENTITLED "AN
ORDINANCE OF THE CITY OF SOUTH
SAN FRANCISCO REGULATING MECHAN-
ICAL AMUSEMENT DEVICES AND PRO-
VIDING FOR LICENSE FEES, PROHI-
BITING ILLEGAL DEVICES AND PRO-
VIDING FOR LICENSE FEES, PROVID-
ING PENALTIES" AND ADDING CHAPTER
6.44 ENTITLED "COIN OPERATED AMUSE-
MENT DEVICES REGULATED"
FINANCE
City Clerk Battaya read the entire
title of the Ordinance aloud.
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Damonte - To introduce
the Ordinance.
Councilman Addiego asked why the
City had chose the 1% of the
gross rather than a set fee.
City Attorney Rogers explained
that it was a State law, that
you had to use a percentage
rather than a set fee; and
that it must remain at 1% of the
gross receipts.
Discussion followed regarding the
exempt status of non-profit
organizations.
Carried by unanimous voice vote.
POLICE
City Clerk Battaya read the entire
title of the Ordinance aloud.
City Manager Birkelo explained that
the proposed Ordinance would provide
for enforcement within the Municipal
Code for operators of coin operated
amusement devices.
Sargeant Petrocchi in response to
Vice Mayor Teglia's inquiry stated
that the reason for not allowing
amusement devices within 300 feet
of a public playground or public/private
school was to prevent truancy and
the use of lunch money for playing the
machines.
An in-depth discussion followed con-
cerning businesses which had coin
operated devices and were located
1/6/82
Page 15
POLICE
27.
Staff Report 1/6/82 - Continued.
(TF-648)
POLICE
within 300 feet of schools and play-
grounds; enforcement of the licensing
of the machines; restrictions on
individual machines and those which
apply to arcades.
Councilman Addiego expressed concern
that the ordinance should address
the hours of operation rather than
the location of the machines.
Discussion ensued relative to the
responsibility for enforcement of
the rules governing the use of the
machines with relation to the location
of the devices versus the hours of
operation; potential~problems as
viewed from the Police Department;
the need to address the possible
fire hazards; etc.
Margaret Warren, 790 Stonegate Drive,
expressed concern regarding the num-
ber of coin operated amusement devices
located at the Safeway Market where
she shops; and stated that the location
of the machines near the entrance/exit
creates a safety hazard.
Vice Mayor Teglia commented on the
operation of the Straw Hat Pizza
Parlor which had a mini-arcade and
the satisfactory manner in which
it was handled.
Discussion followed on the need:
toaddress specifi,c:.a~eas Qf_concern
within the ordinance.
Vice Mayor Teglia requested that the
matter be put over for a Study Session.
Consensus of Council to put over for
Study Session.
Discussion followed concerning
the type of legislation which was
needed.
1/6/82
Page 16
AGENDA ACTION TAKEN
POLICE
27. Staff Report 1/6/82 - Continued.
ITEMS FROM STAFF
28. Airport Round Table representation
policy.
ITEMS FROM COUNCIL
Councilman Damonte:
POLICE
Consensus of Council to hold a Study
Session on Wednesday, January 13, 1982,
at 6:00 p.m., in the City Council
Conference Room, City Hall, 400 Grand
Avenue, South San Francisco for the
purpose of a field trip to visit estab-
lishments with coin operated amusement
devices.
ITEMS FROM STAFF
City Manager Birkelo explained that
a letter had been received from the
Chairman of the Board of Supervisors
requesting clarification of the
City's representative to the Round
Table.
Vice Mayor Teglia explained that the
City had previously designated
that she be the representative for
South San Francisco and that Councilman
Acosta and Mayor Nicolopulos as alternates.
She requested that the Board of
Su'pervisors be notified as to the City's
representatives.
ITEMS FROM COUNCIL
Requested that the Air Quality Control
Management District~be advised of the
City's support of SB 33.
Requested direction regarding the
forthcoming meeting with the Colma
Creek Flood Control District con-
cerning the $2,600,000 which the City of
South San Francisco loaned to the County
of San Mateo for the reconstruction
of Colma Creek. He explained the
alternatives available: 1) Defer
payment from 1982 to 1992 and collect
interest; 2) Take payment of $350,000 each
year and put it ~in a special fund in the
event the ~County needs the funds.
Discussion followed relative to the
amount of interest to be received if
the money was deferred; the control
of the funds; possibility of suits
as the result of the recent flood;
1/6/82
Page 17
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
Councilman Damonte:
Vice Mayor Teglia:
ITEMS FROM COUNCIL
the actions which Daly City and
San Bruno were considering, etc.
Director of Public Services Yee
stated that the only benefit the
City would derive by deferring payment
at this time would be if Daly City
was to not defer then the City would
have greater control of the money,
thus being able to dictate which
projects to pursue and when.
An in-depth discussion followed
concerning the District's pri-
orities with respect to the
completion of the repair of
the creek.
Consensus of Council that the City
should request other cities within
the District to defer payment at this
time and that the City would also defer.
Stated that a letter had been received
from the Historical Society dated
11/9/81 concerning the City's 75th
anniversary on 9/9/83 and noted
the fact that on the City's 50th
anniversary the Post Office had issued
a special cancellation to commemorate
the occasion; she indicated that the
Historical Society would like to see
this happen again and stated that it
was not within their sphere of operation
to undertake this task and suggested
that either the City or the Chamber of
Commerce could proceed. She stated
that the cost was estimated at $150. She
further stated that correspondence had
been received from the Postmaster con-
cerning this matter.
Consensus of Council to proceed.
Requested a report from the POlice
Department and Engineering Division
regarding the shower in the Police
jail facility be submitted to Council.
1/6/82
Page 18
AG E N DA A CT I O N TAKEN S~)g
ITEMS FROM COUNCIL
Councilman Addiego:
Mayo~ Nicolopulos:
CLOSED SESSION:
RECALL TO ORDER:
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
{Barbara A/~Bat~:aya, Cit~
City of South San Francisco
ITEMS FROM COUNCIL
Commented on a traffic situation which
had been brought to his attention by
a resident of Avalon Park, stating that
the traffic in the area of Avalon Drive,
along the Dean project, the traffic
moving east and west along there and
onto and off of the freeway was un-
controllable.
Discussion followed concerning the
installation of stop signs at the
intersection.
Requested reports from Council committee
members at the next regular meeting.
Council adjourned to a Closed Session
at 12:28 a.m.
The meeting was recalled to order at
12:58 a.m., all Council present, no
action taken.
M/S Accsta/Damonte - That the meeting
be adjourned to Thursday, January 7,
1982, at 5:00 p.m., in the City Council
Conference Room, City Hall, 400 Grand
Avenue, South San Francisco, California.
Carried by unanimous voice vote.
The meeting was adjourned at l:O0 a.m.
APPROVED:
fG~u§ Nicolo~ulos, May6r
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to
dispose of an item. Oral 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.
1/6/82
Page lg