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HomeMy WebLinkAboutMinutes 2013-01-16SPECIAL MEETING S NIINU'FES CITY COUNCIL OF THE ZIPOVRL CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Half, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at, MUNICIPAL SERVICES BUILDING' COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH S,�, N FRANCISCO, CA WEDNESDAY, JANUARY 1G, 2013 6:30 P.M. Call to Order, TIME: 6:32 P.M. 1 Roll Call. PRESENT: Counci Irri embers Add ego, Garbarillo and Gupta, Mayor Pro Tcm Matsumoto and Mayor Gonzalez. ABSENT: None. Public Comments — comments are limited to items on the Special Meeting Agenda. Prior to taking public comments, Mayor Pro Tein Matsumoto made a point of order and stated her intent to motion to table the matter of the Residential Point of Sale Safety Inspection, She believed the iten-i had been considerably vetted and she no longer wished to pursue it any further at this point. Councilman Addlego welcomed the Mayor Pro Tem's motion and stated his opinion that the ordinance may be a bit of an overreach on the City's part and that it might create a lot of angst and heartache. Councilman Garbarino began by agreeing with the motion, but stated he understood what the Department was trying to do. He further noted that South San Francisco Fire Chief, Phil White was held in the highest regard and had an impeccable reputation. While the ordinance may have been trying to do too much, he did not appreciate the accusatory tone of the correspondence he had received in opposition to it and found. it to be quite unprofessional. After conferring with City Attorney Mattas, he cautioned the public the City would not be held responsible for negative Findings after the sale and purchase of a home. City Attorney Mattas confirmed that issues arising from non-disclosure would be between the seller and the buyer and dealt with pursuant to California Real Estate Law. The City would have no further liability, Although he was prepared for the debate, Councilman Gupta supported the motion as well. While he agreed with the Chief's objectives of promoting and improving the safety of the citizens, it was his opinion that the current structure of the ordinance did not achieve these objectives in the most painless and cost-effective way possible. He opined that without the ordinance, the problems would still exist and hoped that those in the field could look towards working together. Mayor Gonzalez reported he had received numerous complaints from homeowners who felt they had been uninformed about code violations inherent in the properties they bad purchased. These complaints served as the main impetus for pursuing the ordinance which had taken a great amount of staff time and effort and required numerous meetings. For the sake of his colleagues, the Mayor would support the motion to drop the item. He deferred to City Attorney Mattas for further direction. City Attorney Mattas stated Council could table the matter indefinitely if it wished. As this was a public meeting, Council could still entertain public comment though its wishes had been clearly communicated. For the benefit of the public, Attorney Mattas stated the Residential Point of Sale Safety Inspection was an issue that had been substantially covered, with substantial public comment heard to this point. Council determined to hear public comment. Mayor Gonzalez cautioned be would adhere strictly to the three-minute time limit for each speaker. Councilman Addiego added a request that speakers refrain from anecdotal comments. He preferred that comments be of a broader term and from a legal standpoint. Public Comments: John Penna stood in agreement with Councilman Garbarino regarding the reputation of the Fire Chief and staff-, however, he felt the issue was not a political matter but rather a legal matter. He believed some of the issues could be resolved if Code Enforcement was placed back under the Building Division, or perhaps even with the City Attorney's Department, rather than staying under the Fire Department, Michelle Zaconne, Legal Counsel for SAMCAR, reiterated her prior statements as to the hardships the proposed ordinance would present. It was her opinion that Fire Department staff was neither sufficiently trained, nor qualified to conduct inspections and warned the City it would be acting in an unconstitutional manner if such inspections took place. She characterized the ordinance as a desperate attempt to legalize an illegal concept and felt the City would not have the support of its constituents and be exposed to litigation as a result. Councilman Addiego restated the objective of tabling the matter was to prevent a reoccurrence of the events of prior meeting(s) on this subject. SAMCAR representative Paul Stewart thanked Council, particularly the Mayor Pro Tem, but desired to relay follow-up concerns. He asked what the follow- up process would be; would there SPECIAL CITY COUNCIL MEETING JANUARY 16, 2013 MINUTES PAGE be a convening of stakeholders who could help craft new language? If so, when? He also wanted to reinforce the comments made by Mr. Penna and agreed that Code Enforcement should be returned to the Building Division. Mayor Pro Tem Matsumoto restated that the issue, for her, was dead. However, she might be moved to change her mind and defend the Fire Department if necessary, Councilmembers Addiego and Garbarino shared her sentiment. SAMCAR representative Greg Bryant thanked Council and communicated his willingness to work with City staff in the future. SAMCAR representative Christine Fuller thanked Council for the opportunity to provide input. Attorney Mattas advised Council that since there were no further speakers, a motion could be entertained. Motion — Councilman Garbarino/Second — Mayor Pro 'Tern Matsumoto. to table the matter of proposed Chapter 8.63 of the South San Francisco Municipal Code, establishing the Residential Point of Sale Safety Inspection Program. Unanimously approved by a voice vote. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 6:54 pm. Submitted: Anna M. Brown, Deputy City Clerk City of South San Francisco SPECIAL CITY COUNCIL MEETING MINUTES Approved: Pedro Gonzalez, Ma�or City of South San Francisco JANUARY 16, 2013 PAGE 3