HomeMy WebLinkAboutMinutes 1984-03-28Mayor Mark N. Addiego
Vice Mayor Richard A. Haffey
Council:
Emanuele N. Damonte
Gus Nicolopulos
Roberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
March 28, 1984
352
AGENDA
ACTION TAKEN
CALL TO ORDER:
ROLL CALL:
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
AGENDA REVIEW
City Manager Birkelo requested:
- Add Item 13a. Adoption of a Reso-
lution commending Leo Angelo
Crosariol upon his retirement.
- Add Item 16a. Adoption of a Reso-
lution for the sale of 822 W.
Orange Avenue to Roberto and
Marta A. Grelli as the high
bidder.
Councilwoman Teglia requested:
- Add Item 20a. Civic Center
Improvement Center.
- Add Item 2Ob. Set a date for
review of the General Plan policies
so that the General Plan can be
adopted on 4/11/84.
ORAL COMMUNICATIONS
COMMUNITY FORUM
7:35 p.m. Mayor Addiego presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Damonte, Teglia and.
Addiego.
None.
The presentation of colors was made by
Boy Scout Troop No. 181 and the pledge
was reci ted.
Rev. Evelyn Kendall, Aldergate United
Methodist Church, gave the invocation.
AGENDA REVIEW
Approved.
Approved.
ORAL COMMUNICATIONS
No one chose to speak.
COMMUNITY FORUM
No one chose to speak.
3/28/84
Page 1
AGENDA ACTION TAKEN 253
CONSENT CALENDAR
Staff Report 3/28/84 recommending
by Motion to deny and refer the
following claim to the City's
Insurance Adjuster and the Office
of the City Attorney: Claim as
fil ed by Deni se Powel 1 al 1 egi ng
damages to her automobile as the
result of a hole in the pavement at
the intersection of Harbor Way and
East Grand Avenue.
Staff Report 3/28/84 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bids for
the 1983-84 Street Resurfacing
Program, Project No. ST-83-6.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
1983-84 STREET RESURFACING PROGRAM,
PROJECT NO. ST-83-6
Staff Report 3/28/84 recommending
by Motion to accept the San Mateo
Avenue at Colma Creek Sanitary
Sewer Replacement Project No.
SS-83-3, as complete in accordance
with the approved plans and speci-
cations.
0
Staff Report 3/28/84 recommending
adoption of a Resolution of
Intention to form the Produce
Avenue Undergrounding Utility
District and set a Public Hearing
for 5/9/84.
A RESOLUTION OF INTENTION TO FORM
THE PRODUCE AVENUE UNDERGROUND
UTILITY DISTRICT
®
Staff Report 3/28/84 recommending
by Motion to award the bid for the
purchase of three trailer mounted
air compressors to Ingersol Rand as
the lowest responsible bidder in
the amount of $31,279.05.
Staff Report 3/28/84 recommending
adoption of a Resolution of
Intention to provide for the sale
CONSENT CALENDAR
So ordered.
RESOLUTION NO. 37-84
Approved.
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Approved.
3/28/84
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
6. Staff Report - Continued.
of 10.79 acres of real property
located at South Airport Boulevard
and Belle Air Road as surplus
property and providing notice
thereof.
A RESOLUTION OF INTENTION TO
DISPOSE OF REAL PROPERTY BY SALE
AND PROVIDING FOR NOTICE THEREOF
(SO. AIRPORT BOULEVARD AND BELLE
AIR ROAD)
Staff Report 3/28/84 recommending
adoption of a Resolution of
Intention to provide for the sale
of 3.09 acres of real property
located at South Spruce Avenue and
North Canal as surplus property,
and providing notice thereof.
A RESOLUTION OF INTENTION TO
DISPOSE OF REAL PROPERTY BY SALE
AND PROVIDING FOR NOTICE THEREOF
(SOUTH SPRUCE AVENUE AND NORTH
CANAL)
Staff Report 3/28/84 recommending
adoption of a Resolution approving
the plans and specifications,
authorizing the work, and calling
for bids for new play equipment at
Buri Buri Park and Siebecker
Center.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR BURI-
BURI PARK/SIEBECKER CENTER PLAY
EQUIPMENT - BID NO. 1611
Staff Report 3/28/84 recommending
by Motion to accept the Paradise
Valley Park Fencing Project No.
PR-82-5, as complete in accordance
with the approved plans and speci-
fications and that all bonds, cer-
tificates of deposits and/or cash
deposits related to the project be
released as stipulated.
10.
Staff Report 3/28/84 recommending
by Motion to accept the Ponderosa/
Spruce Fencing Project No. PR-83-2,
CONSENT CALENDAR
RESOLUTION NO. 38-84
RESOLUTION NO. 39-84
Removed from the Consent Calendar for
discussion by Mayor Addiego.
Approved.
Approved.
3/28/84
Page 3
AGENDA ACTION TAKEN
355
__ CONSENT CALENDAR
10. Staff Report - Continued.
as complete in accordance with the
approved plans and specifications
and that all bonds, certificates
related to the project be released
as stipulated.
11.
Staff Report 3/28/84 recommending
adoption of a Resolution author-
izing execution of the Program
Supplement No. 1 Revision No. i for
the installation of railroad cross-
ing protection work at East Grand
Avenue and Harbor Way intersection.
A RESOLUTION AUTHORIZING EXECUTION
OF SUPPLEMENT NO. 1, REVISION 1, TO
LOCAL AGENCY STATE AGREEMENT NO.
04-5177 (FEDERAL AID SAFETY
IMPROVEMENT PROJECT
12.
Staff Report 3/28/84 recommending
adoption of a Resolution author-
izing execution of an agreement
with Pacific Gas & Electric Co. to
convert City-owned street lights on
Rate Schedule LS-2A and authorize
the Purchasing Officer to request
sealed bids for the purchase of
street light conversion kits.
A RESOLUTION APPROVING STREET LIGHT
CONVERSIONS FROM MERCURY VAPOR TO
HIGH PRESSURE SODIUM
13.
Resolution commending Louise
Coleman on her retirement after
thirty-seven years with the City.
A RESOLUTION COMMENDING LOUISE J.
COLEMAN
13a. A RESOLUTION COMMENDING LEO
4. Staff Report 3/28/84 recommending
adoption of a Resolution of
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
RESOLUTION NO. 40-84
RESOLUTION NO. 41-84
M/S Teglia/Haffey - To approve the
Consent Calendar with the exception of
Items No. 4, 8, 11 and 12.
Carried by unanimous voice vote.
Councilman Nicolopulos questioned what
PG&E's cost would be.
3/28/84
Page 4
AGENDA ACTION TAKEN
4. Staff Report - Continued.
11.
Intention to form the Produce
Avenue Undergrounding Utility
District and set a Public Hearing
for 5/9/84.
A RESOLUTION OF INTENTION TO FORM
THE PRODUCE AVENUE UNDERGROUND
UTILITY DISTRICT
Staff Report 3/28/84 recommending
adoption of a Resolution approving
the plans and specifications,
authorizing the work, and calling
for bids for new play equipment at
Buri Burl Park and Siebecker ~_~k)k{
Center.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR BURI-
BURI PARK/SIEBECKER CENTER PLAY
EQUIPMENT - BID NO. 1611
Staff Report 3/28/84 recommending
adoption of a Resolution author-
izing execution of the Program
Supplement No. i Revision No. I for
the installation of railroad cross-
ing protection work at East Grand
Avenue and Harbor Way intersection.
A RESOLUTION AUTHORIZING EXECUTION
OF SUPPLEMENT NO. 1, REVISION 1, TO
LOCAL AGENCY STATE AGREEMENT NO.
04-5177 (FEDERAL AID SAFETY
IMPROVEMENT PROJECT
City Manager Birkelo stated that PG&E
would not estimate the cost until after
the adoption of the Resolution.
Councilman Damonte stated stated that
PG&E would put in the line at their own
cost and those sharing the line were
responsible up to the meter.
Vice Mayor Haffey questioned if this type
of project was prioritized throughout the
City and if not thought that it should be
in the future.
M/S Nicolopulos/Damonte - To adopt the
Resolution.
RESOLUTION NO. 42-84
Carried by unanimous voice vote.
Mayor Addiego questioned where the equip-
ment would be located.
Director of Parks & Recreation Norton
stated that it would be on a portion of
the area and fence bordering the
Westborough expressway.
M/S Addiego/Teglia - To adopt the
Regulution.
RESOLUTION NO. 43-84
Carried by unanimous voice vote.
Councilman Nicolopulos questioned what
the work entailed.
City Manager Birkelo stated that it would
modify the PUC rail-highway grade
crossing from 9 signals to preempted
traffic signals on East Grand Avenue and
Harbor Way and that the Government would
pay 95% of the project.
M/S Nicolopulos/Teglia - To adopt the
Resolution.
RESOLUTION NO. 44-84
Carried by unanimous voice vote.
3/28/84
Page 5
AGENDA ACTION TAKEN
12.
Staff Report 3/28/84 recommending
adoption of a Resolution author-
izing execution of an agreement
with Pacific Gas & Electric Co. to
convert City-owned street lights on
Rate Schedule LS-2A and authorize
the Purchasing Officer to request
sealed bids for the purchase of
street light conversion kits.
A RESOLUTION APPROVING STREET LIGHT
CONVERSIONS FROM MERCURY VAPOR
HIGH PRESSURE SODIUM 4~
APPROVAL OF BILLS
14.
Approval of the Regular Bills of
3/28/84.
CITY MANAGER
15.
Staff Report 3/28/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance providing for ~.~
an Industrial Development ~l
Authority.
2nd Reading/Adoption
AN ORDINANCE ADDING SECTION
2.18.030 TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE PROVIDING FOR AN
INDUSTRIAL DEVELOPMENT AUTHORITY
COMMUNITY DEVELOPMENT ~'~
16. Public Hearing - UP-84-678/Naugles,
Inc. to consider the appeal of the
Planning Commission decision of
1/26/84 to construct an 1,800
square foot restaurant with a
drive-through service window at
Hickey Blvd. and E1Camino Real -
continued from 3/14/84.
Staff Report 3/14/84 recommending:
1) Continue the Public Hearing and
hear testimony; 2) Close the
Councilman Nicolopulos questioned why
PG&E would only pay $72.00 per light.
City Manager Birkelo stated that the City
owned the street lights in Cabot Cabot &
Forbes and other areas.
M/S Nicolopulos/Damonte - To adopt the
Resol uti on.
RESOLUTION NO. 45-84
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Haffey/Teglia - To approve the regu-
lar bills of 3/28/84 in the amount of
$1,728,764.41.
Carried by unanimous voice vote. Mayor
Addiego did not participate or vote in
the matter of the claim of Brentwood Market.
CITY MANAGER
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Damonte/Haffey - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Damonte/Haffey - To adopt the
Ordinance.
ORDINANCE NO. 946-84
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
Mayor Addiego stated that City Planner
Gorny had received a communication from
the Naugles organization requesting a
continuance to 4/25/84 in that they were
unable to attend the meeting.
Councilman Damonte stated that he would
like an explanation from the Naugles
organization about the newspaper article
that stated that the organization had
closed 35 restaurants in the State.
3/28/84
Page 6
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
16. Public Hearing Staff Report - Cont.
Public Hearing; 3) Motion to deny
the appeal based on the findings.
5050
16a. A RESOLUTION ACCEPTING THE OFFER TO
PURCHASE THE REAL PROPERTY LOCATED
AT 822 WEST ORANGE AVENUE
FINANCE
17. Staff Report 3/14/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt an Ordinance on authorized
signatures; 3) Motion to waive
further reading of the Ordinance;
4) Motion to adopt an Ordinance on
· bonding requirements of City offi-
~. 2nd Reading/Adoption
AN ORDINANCE AMENDING CHAPTER 2.22
OF THE SOUTH SAN FRANCISCO MUNI-
CIPAL CODE ENTITLED "SIGNATURES"
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTION
2.20.020 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND SECTION 3 OF
ORDINANCE NO. 728 ENTITLED "AN
ORDINANCE ESTABLISHING BONDS
REQUIRED OF OFFICERS OR EMPLOYEES
OF THE CITY OF SOUTH SAN FRANCISCO
AND REPEALING ORDINANCE NO. 1,
ADOPTED OCTOBER 5, 1908" AS AMENDED
BY ORDINANCE NO. 898
COMMUNITY DEVELOPMENT
Vice Mayor Haffey requested that the
newspaper articles be included in the
Staff Report of 4/25/84.
Mr. Roger Barbosa, Naugles Project
Manager, stated that his firm was closing
35 restaurants but that only three are in
California.
Consensus of Council - To continue the
item to 4/25/84.
City Attorney Birkelo stated that the
City had requested an earlier offer as
being insufficient and that on this bid
he recommended that the City accept the
high bid of $110,000.
M/S Haffey/Damonte - To adopt the
Resolution.
RESOLUTION NO. 46-84
Carried by unanimous voice vote.
FINANCE
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Haffey - To adopt the
Ordinance.
ORDINANCE NO. 947-84
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Haffey - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Haffey - To adopt the
Ordinance.
3/28/84
Page 7
AGENDA ACTION TAKEN 059
FINANCE
17. Staff Report - Continued.
COMMUNICATIONS
18.
Letter dated 3/17/84 from Western
TV Cable, with a written notice to
the franchisor enclosed, advising
of the intent of Western TV Cable
to place itself under provisions
of Section 53066.1 of the
Government Code which will change
rates, charges and rate structures
will be established between Western
TV Cable and its subscribers and
without the involvement of the
franchising authority; Letter
dated 3/19/84 from Western TV Cable
stating the requirements of Section
53066.1 (d) of the Government Code
of the State of California to
satisfy requirements.
FINANCE
ORDINANCE NO. 948-84
Carried by unanimous voice vote.
COMMUNICATIONS
Councilman Damonte expressed concern in
that the franchise gave a great deal of
protection to Cable TV and this meant
that that the City was relinquishing
control.
Discussion followed on the newspaper
article on Cable TV and reference to the
fees of 75% of the CPI and not wanting to
gouge the public; present fees for regu-
lar service and special service and how
that would change; an inconsistency bet-
ween the newspapers and the correspon-
dence from Western TV Cable; why Mr.
Stowell was not in attendance to respond
to questions; that Cable wanted to call
the shots to charge the community and
still have the protection of the
franchise; that the City Attorney was
quoted in the newspaper as having input
for the Council this evening.
City Attorney Rogers stated that
Government Code Section 53066.1 does pro-
vide for a means for a company to deregu-
late, a kind of self distructive
regulation on it, if it meets the cri-
teria set forth in there. He continued,
if they give the proper notice and do all
the things they are supposed to do under
that section, however that section also
contains a little subsection that says
that the rights that the Cable TV
Companies have under this law can not be
waived by a contractual agreement entered
into after 1/1/83. He stated that there
is no intent to either validate or inva-
lidate any such contractual agreement
entered into prior to that date. He
stated that he had done research and
found that Ordinance No. 834, which is
the basic cable franchise ordinance, has
restrictions on rate setting and sets
forth the procedure on rate setting for
the basic services - not the operational
services that Mrs. Teglia was talking
3/28/84
Page 8
AGENDA ACTION TAKEN
COMMUNICATIONS
18. Letter from Western TV Cable -
Continued.
COMMUNICATIONS
about. He continued, Ordinance 835 was
passed in 1980 prior to 1/1/83 which
extended Western TV Cable's franchise in
this City, he thought, for a period of
fifteen years from that date. He stated
that in order for that extension and the
franchise under it to have effect they
had to come back to us in writing and
accept the terms and conditions of that
franchise within 40 days of the adoption
of the extension of it. He stated that
they did that, specifically saying they
accepted the terms and conditions under
834 and 835. He noted that in 834 there
is a specific section that says it is
contemplated that perhaps the Federal
Government would pass laws that affected
the rate setting, never the less the par-
ties to a franchise of this Ordinance are
agreeing that their rights are contrac-
tual in that regard. He continued, they
did this prior to 1983 and his feeling is
that there is a contractual obligation of
Western TV Cable to honor its franchise
conditions of contractual obligations and
any attempt by them to deregulate would
be a violation of that contract and its
lawful under the Government Code Section
we are talking about for us to take that
position.
Mayor Addiego stated that that part of
the contractual agreement would run with
the franchise and questioned if that was
1980.
City Attorney Rogers stated that 1980 was
when the City extended their contract and
also when the City adopted Ordinance 834
which is an update of the TV Ordinance.
Discussion followed: that it was eight
year increments; market penetration
figures; how many homes were served;
verification of the Cable TV figures,
etc.
City Attorney Rogers stated that the
extension was for a period of fifteen
years and the Ordinance was passed in
August 1980, which would make it run to
1995. He stated that if the Council
3/28/84
Page 9
AGENDA ACTION TAKEN
COMMUNICATIONS
18. Letter from Western TV Cable -
Continued.
ITEMS FROM STAFF
19. Staff Report 3/28/84 requesting a
review of the 3/13/84 and 3/20/84
reports on building permits for the
Interim Ordinance on landmarks.
ITEMS FROM COUNCIL
~0. Report on the Youth Employment
Program.
20a. Civic Center Improvement Center.
2Ob. Set date for General Plan policies
for adoption of General Plan at
April 11, 1984 meeting. ~a~
GOOD AND WELFARE
COMMUNICATIONS
wanted to make sure these rates are set
forth in the Ordinance then it should
take the position that they are in anti-
cipatory breach of the contract between
us right now and notify them of that and
tell them we are not going to set still
for deregulation under these two
Ordinances - beyond that it is a subject
for closed session.
Consensus of Council - That the Council
takes the position that Western Cable TV
are in anticipatory breach of the
contract between the City and Cable TV
and the City Attorney is to notify Cable
TV that the City is not going to sit
still for deregulation under these two
Ordinances (834 and 835).
ITEMS FROM STAFF
Consensus of Council - To approve the
building permits and direct Staff to pick
a break off year for historical buildings.
ITEMS FROM COUNCIL
M/S Teglia/Addiego - To approve $1,500 on
the program and Staff is to find an
office for a County worker to use 2 days
a week fo recruitment.
Mayor to appoint Subcommittee to advise
Council on the proposed expenditures and
prioritize.
City Manager with Vice Mayor Haffey to
establish meeting date.
GOOD AND WELFARE
Mr. Lawrence Pera spoke of being arrested
again for barbequing in his yard;
complained about the neighbors, that the
street drains needed to be cleaned, that
Baden Avenue should be repaved, etc.
3/28/84
Page 10
AGENDA ACTION TAKEN
CLOSED SESSION
21.
Request for a Closed Session for
the purpose of the discussion of
personnel matters, labor relations
and litigation.
ADJOURNMENT
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
CLOSED SESSION
Council adjourned to a Closed Session at
at 8:37 p.m. for discussion of the
noticed items.
The meeting was recalled to order at
11:04 p.m., all Council present, no
action taken.
M/S Haffey/Nicolopulos - That the meeting
be adjourned.
Carried by unanimous voice vote.
The meeting was adjourned at 11:05 p.m.
APPROVED:
City of South San Francisco
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 communications, 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.
3/28/84
Page 11