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HomeMy WebLinkAboutMinutes 1981-11-04Mayor 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 November 4, 1981 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 4th day of November, 1981, at 6:30 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for labor relations. Dated: October 29, 1981 JG~s q~icolopulos, May~r City of South San Francisco AGENDA SPECIAL MEETING PLEDGE OF ALLEGIANCE CALL TO ORDER: (Side 1 TF-319) CLOSED SESSION: RECALL TO ORDER: ACTION TAKEN SPECIAL MEETING Reci ted. 6:40 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia and Nicolopulos. Council absent: Addiego Council adjourned to a Closed Session at 6:41 p.m. Councilman Addiego arrived at 6:41 p.m. The meeting was recalled to order at 7:28 p.m., all Council present, no action taken. M/S Damonte/Addiego - That the meeting be adjourned. Carried by unanimous voice vote. 11/4/81 Page 1 AGENDA ACTION TAKEN ADJOURNMENI!: RESPECTFULLY SUBMITTED, City of South San Francisco Time of adjournment 7:29 p.m. APPROVED: ~Gus-Nicolopu/os, may~r 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 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. 11/4/81 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-328) AGENDA City Manager Birkelo requested: - Closed Session on litigation at the end of the meeting. - Add as Item 7A a request to set a Public Hearing date of 12/2/81 for an appeal of the Planning Commission's decision by Trux, Inc. - Discussion of funding for the Christmas decorations under Oral Communications. - Remove Item 4 from the Agenda. ORAL COMMUNICATIONS MINUTES CITY COUNCIL Municipal Services Building Community Room November 4, 1981 ACTION TAKEN Recited. 7:40 p.m. Mayor Nicolopulos presiding. Council present: Damonte, Acosta, Teglia, Addiego and Nicolopulos. Council absent: None. Mayor Nicolopulos asked that a moment of silence be observed in memory of former Mayor Terry Mirri's mother. AGENDA So ordered. So ordered. So ordered. So ordered. ORAL COMMUNICATIONS Mr. Don Edwards, President of the South San Francisco Downtown Merchants Association, 10 Escanyo Drive, related that during prior discussion with Council concerning the funding for the Christmas decorations, he had concluded that the costs would be split for materials purchased and that the City would provide the installation, stor- age,and the electricity for the decor- ations and requested clarification of this understanding. 11/4/81 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS ORAL COMMUNICATIONS City Manager Birkelo responded that the Minutes indicated that there had been a Motion by Councilmember Teglia, seconded by Councilmember Acosta "That the City would participate 50/50 per- cen~ in garlands, lights, refurbishing of existing decorations and their installation." He indicated that there had been a second motion to include 22 brackets and strings of lights. Mr. Edwards reiterated his prior concerns stating that during the prior discussions at Merchants meetings and in other communications regarding this matter it was with the understanding that the City would match funds for~the costs of the materials, and that the installation, the storing and the electricity would be handled by the City. Discussion followed regarding the action taken by the City and the total costs for installation of the decorations. M/S Teglia/Acosta - That the City will install, store and provide electricity for the strings of lights and the garlands. An in-depth discussion followed regarding the costs involved in the decorating of the downtown area; the concerns relative to theiacquisition of materials with Mr. Edwards clarifying the items which had been previously agreed that the costs would be split: 1) 18 lanterns and 24 bows; 2) 11 lighted garlands; 3) 22 brackets; 4) cable and brackets for lights. He stated that the total cost would be $8,972.39 which would be split with the City. The City's share would be $4,486.19. Further discussion followed relative to the history of the Christmas decorations on Grand Avenue and the benefits derived from this action. 11/4/81 Page 2 AGENDA ACTION TAKEN ORAL COMMUNICATIONS CONSENT CALENDAR 1. Staff Report 11/4/81 recommending by Motion deny and refer the following claim to the City's Insurance Adjuster and to the Office of the City Attorney: Claim as filed by Bautista and iStrain, Attys. at Law, on behalf of Castula Herrera, alleging false arrest by members of the South San Francisco Police Department. ~f 2. Staff Reoprt 11/4/81 recommending by Motion deny and refer the following claim to the City's Insurance Adjuster and to the Office of the City Attorney: Claim as filed by Albert Miller alleg- ing property damages when a motorist pursued by the South San Francisco Police Department lost control of his vehicle. ~~' 3. Staff Report 11/4/81 recommending by Motion to approve the specifications and authorize the Purchasing Officer to advertise for bids for carpeting for the West Orange Library. 4. Staff Report 11/4/81 recommending by Motion to authorize the Purchasing Officer to advertise for bids for playground equipment for the Orange Memorial Park. Staff Report 11/4/81 recommending adoption of a Resolution to award the contract for the 1981-82 Colma Creek Tributaries Dredging Program, Project No. SD-81-1 to Arthur "Buzz" Haskins in the amount of $16,275.00. A RESOLUTION OF AWARD OF CONTRACT 1981-82 COLMA CREEK TRIBUTARIES DREDGING PROGRAM - PROJECT SD-81-1 ORAL COMMUNICATIONS Carried by majority voice vote. Councilmembers Addiego and Damonte voted no. CONSENT CALENDAR So ordered. So ordered. Approved. Removed from Agenda under Agenda Review. Removed from the Consent Calendar for discussion by Councilman Acosta. 11/4/81 Page 3 AGENDA ACTION TAKEN 99 CONSENT CALENDAR Staff Report 11/4/81 recommending adoption of a Resolution to authorize execution of a cost service contract agreement with the California State Personnel Board (Cooperative Personnel Services). 7A. A RESOLUTION AUTHORIZING EXECUTION OF COST SERVICE CONTRACT AGREEMENT WITH THE CALIFORNIA STATE PERSONNEL BOARD (COOPERATIVE PERSONNEL SERVICES) Staff Report 11/4/81 recommending by Motion final acceptance of Winston Manor Park renovations. Request that a Public Hearing date be set for 12/2/81 for an appeal by Trux, Inc., on the Planning Commission's decision. Staff Report 11/4/81 recommmending adoption of a Resolution to award the contract for the 1981-82 Colma Creek Tributaries Dredging Program, Project No. SD-81-1 to Arthur "Buzz" Haskins in the amount of $16,276.00. A RESOLUTION OF AWARD OF CONTRACT 1981-82 COLMA CREEK TRIBUTARIES DREDGING PROGRAM - PROJECT SD-81-1 CONSENT CALENDAR RESOLUTION NO. 131-81 So ordered. So ordered. M/S Damonte/Addiego - Consent Calendar be approved with the exception of Item No. 5. Councilman Acosta questioned the comment within the Staff Report, "The final cost of the dredging program will vary depending upon the severity of this winter's rains." He asked if there could be more dredging than the project had allocated and if there was a possibility of staff returning with another dredging program de- pending upon the amount of rain. Director of Public Services Yee explained that the project was for the dredging of various creeks and upon the need for these services. He indicated that the contractor would be paid by the hour and the actual cost could not be anticipated at this time. Discussion followed regarding the method used to base the cost for the dredging, with a request by Councilman Acosta that the Resolution be changed to reflect a unit price. 11/4/81 Page 4 A_.GEN_D._A A C T I 0 N T A K E N CONSENT CALENDAR 5. Staff Report 11/4/81 - Continued. APPROVAL OF BILLS 8. Approval of the Regular Bills of 11/4/81. CITY MANAGER Staff Report 11/4/81 recommending adoption of a Resolution accepting a Memorandum of Understanding for Unit 8 for fiscal year 7/1/81 - 6/30/82. 10. A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING UNIT 8 SOUTH SAN FRANCISCO CONFIDENTIAL EMPLOYEES JULY 1, 1981 - JUNE 30, 1982 Staff Report 11/4/81 recommending adoption of a Resolution adjusting the salary for the Executive Secretary. A RESOLUTION APPROVING AND AUTHORIZING A CERTAIN SALARY ADJUSTMENT CONSENT CALENDAR Acting City Attorney Rogers explained that the Resolution could be changed to indicate unit price, indicating the lowest responsible bidder based upon the sample of 100 hours and a limitation could be Placed on additional hours. Discussion followed on the costs of dredging in prior years. M/S Acosta/Damonte - To adopt the Resolution with the wording changed to refer to an hourly rate, also to refer to the 100 hour sample and give the Director of Public Services the ability to go up to his budget limit of $30,000. RESOLUTION NO. 132-81 Carried by unanimous voice vote. APPROVAL OF BILLS M/S Teglia/Damonte - To approve the Regular Bills. Carried by unanimous voice vote. Councilman Addiego did not participate in the matter of the claim of Brentwood Market. CITY MANAGER M/S Acosta/Teglia - To adopt the Resolution. RESOLUTION NO. 133-81 Carried by unanimous voice vote. M/S Teglia/Acosta - To adopt the Resolution. RESOLUTION NO. 134-81 Carried by unanimous voice vote. 11/4/81 Page 5 AGENDA ACTION TAKEN !01 CITY MANAGER 11. Staff Report 11/4/81 recommending adoption of a Resolution which adopts an Affirmative Action Plan for the City of South San Francisco. A RESOLUTION ACCEPTING AND ADOPTING THE AFFIRMATIVE ACTION PLAN FOR THE CITY OF SOUTH SAN FRANCISCO COMMUNITY DEVELOPMENT 12. Public Hearing - Century Office Park/ UP-81-598, an appeal by the City of San Bruno of the decision of the Planning Commission. Staff Report 11/4/81 recmmending: l) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to continue the matter to the 11/18/81 meeting. (TF-515) 13. Staff Report 11/4/81 recommending adoption of a Resolution approving a cooperative agreement with San Mateo County for HCDA Funds for 1982-1985. CITY MANAGER City Manager Birkelo stated that the Affirmative Action Plan had been developed over a period of two years, with the assistance of consultants is intended to give guidelines to achieve a balanced mix of employees. He said that the Plan contained a Statement of Policy by the Council, and indicated that the Policy would be administered to the best of the City's ability. M/S Damonte/Teglia - To adopt the ResolUtion. RESOLUTION NO. 135-81 Carried by unanimous voice vote. COMMUNITY DEVELOPMENT City Manager Birkelo indicated that from discussions with the City's Staff and Staff from the City of SanlBruno that it would be best to continue the hearing for decision to the meeting of 11/18/81. Mayor Nicolopulos declared the Public Hearing open and invited those who wished to speak in favor of the matter to step to the dias -- no one chose to speak. Mayor Nicolopulos then invited those who wished to speak in opposition to the matter to step to the dias -- no one chose to speak. M/S Damonte/Addiego - To continue the hearing to 11/18/81. Carried by unanimous voice vote. 11/4/81 Page 6 it AGENDA ACTION TAKEN !02 COMMUNITY DEVELOPMENT 13. Staff Report 11/4/81 - Continued. PARKS AND RECREATION 14. Staff Report 11/4/81 recommending introduction of an Ordinance which amends Ordinance No. 675, regulating COMMUNITY DEVELOPMENT Director of Community Development Dell'Angela stated that since the City's population was under 50,000 it was necessary to apply through the County of San Mateo in order to qualify for housing and community block grant funds. He explained the application procedure and in- dicated that the City had adopted a similar Resolution previously when the City had joined the pro- gram. M/S Teglia/Addiego - To adopt the Resolution. Councilman Acosta inquired if there was a guarantee of funds. Director of Community Development Dell'Angela responsded that there was no guarantee. He stated that there were indications that there would be funds. Councilman Acosta asked if there was a specific direction in which the funds must be allocated. Director of Community Development Dell'Angela said there was certain criteria in the federal laws which were geared toward providing housing for low to moderate income persons and provide certain improvements in the community. Vice Mayor Teglia stated that the money could be used for other types of support systems other than housing for those persons within the target area of the City. RESOLUTION NO. 136-81 Carried by unanimous voice vote. PARKS AND RECREATION City Clerk Battaya read the Ordinance title in its entirety. 11/4/81 Page 7 AGENDA ACTION TAKEN 102 PARKS AND RECREATION 14. Staff Report 11/4/81 - Continued. conduct in parks, providing for enforcement, and prescribing penalties and violations: 1) Motion to waive further reading of the Ordinance; 2) Motion that the Ordinance be introduced. 15. 1st Reading/Introduction AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 675, AS AMENDED, ENTITLED "AN ORDINANCE REGULATING CONDUCT IN PARKS, PROVIDING FOR ENFORCEMENT, AND PRE- SCRIBING PENALTIES FOR VIOLATIONS Staff Report 11/4/81 recommending by Motion to authorize the Purchasing Officer to advertise for bids for the resurfac~;ng of tennis courts. PUBLIC SERVICES 15. Hearing - Demolition and disposal of a former structure at 2304 Olympic Drive and the related costs for the subject abatement. Staff Report 11/4/81 recommending: l) Open the Hearing and permit the property owner and/or other affected persons to speak on the costs of the abatement of the structure; 2) Close the Hearing; 3) Adopt a Resolution. PARKS AND RECREATION City Manager Birkelo explained that this Ordinance had been introduced at the previous meeting, however, as the City Attorney had indicated there were blanks to be filled in and an appendix to be added. M/S Teglia/Acosta - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Damonte/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. Director of Parks and Recreation Norton stated there was currently $15,000 in the budget for the pro- posed resurfacing. He stated that Brentwood Park would be a priority matter since it had been inoperable since February of 1981. He in- dicated that Staff's recommendation was for full funding for both Brentwood Park and Orange Memorial Park which costs were estimated to be $31,000 for both projects. He stated that the courts at the Orange Memorial Park had not been resurfaced since 1973. M/S Damonte/Addiego - To approve. Carried by unanimous voice vote. PUBLIC SERVICES 11/4/81 Page 8 AGENDA ACTION TAKEN PUBLIC SERVICES 16. Hearing - Continued. A RESOLUTION CONFIRMING THE STATEMENT OF EXPENSES IN THE MATTER OF THE ABATEMENT OF THE BUILDING AT 2304 OLYMPIC DRIVE, SOUTH SAN FRANCISCO, CALIFORNIA, A PUBLIC NUISANCE (TF-569) PUBLIC SERVICES Acting City Attorney Rogers stated that this was a hearing on the costs of the abatement of the structure located at 2304 Olympic Drive which had previously been declared a nuisance. He indicated that the sole issue of the hearing would be the cost of the abate- ment. He said that "due to some of the legal history of this case and due to the fact that it is a public nuisance abatement, and we are going to a~ess costs as the results of this hearing, I am requesting that you receive into evidence sworn testimony first from your Director -- I am sorry your Chief Building Inspector who made the veri- fication, then by anyone representing the homeowners or other affected parties who wishes to be heard on the matter." Mayor NicOlopulos declared the Public Hearing open and invited those who wished to speak in favor of the matter to step to the dais. City Clerk Battaya then swore in Chief Building Inspector Wittwer saying "Do you swear that the testi- mony you are about to give in the matter now pending shall be the truth, the whole truth and nothing but the truth - so help you God?" Chief Building Inspector Wittwer responded yes. Acting City Attorney Rogers then asked Chief Building Inspector Wittwer if the document contained in the Agenda, entitled "A Verification" and listed as Exhibit "A" to a Resolution and asked if this document was in his possession. Chief Building Inspector Wittwer re- sponded yes. Acting City Attorney Rogers proceeded to ask Chief Building .Inspector Wittwer if the signature on the bottom of the document was his, Chief Building Inspector Wittwer responded yes. Acting City Attorney Rogers then asked if the document correctly reflected the costs which he had expended in the abatement of the building at 2304 Olympic Drive. Chief Building Inspector 11/4/81 Page 9 AGENDA ACTION TAKEN PUBLIC SERVICES 16. Public Hearing - Continued. PUBLIC SERVICES Wittwer responded yes it does. Councilman Damonte requested clar~ficatio~ of the purpose of the pump. Chief Building Inspector Wittwer stated that "after the delapidated building was demolished the pump well was placed under the rear corner of Where the building was formerly lo- cated. That pump-well serves to de- water that area and keep the sub- terranean waters from coming to the surface." Councilman Damonte requested, to whose benefit was the pump-well placed at the residence. Chief Building Inspector Wittwer stated it was for the benefit of that property. Mayor Nicolopulos then asked if there was any representative of the Henderson family or a member of the Henderson family who wished to speak on this matter to step to the dais. Acting City Attorney Rogers made reference to a letter from the attorney representing Mr. and Mrs. Edward Henderson, stating "that inasmuch as this letter is not a sworn docu- ment and there is no sworn testimony to be presented, it is my opinion that its use is limited to that of argument and the credibility that should be given to it is that of argument rather than evidence. Furthe~ except for the statements in the fifth paragraph most of which appears on page 2 beginning with 'this is particularly true' except for that portion of that paragraph, it is my opinion that this letter mainly is an attempt to argue that the nuisance is not to be placed on the Hendersons at all. In other words they are arguing against the 11/4/81 Page 10 AGENDA ACTION TAKEN 16. Hearing - Continued. nuisance which was the first hearing, and they are arguing against any liability. The issue tonight is solely whether the costs are correct, where the costs are appropriate and what the costs actually should be are attached in this matter. That argu- ment about the $561.60 is the only relevant argument I see in there. And I would ask if Council was going to consider a document they would keep that in mind." Mayor Nicolopulos then asked for response from Acting City Attorney Rogers regarding the third para- graph on Page 1 of the letter, which stated "This letter, which is in lieu of a personal appearance at the hearing, is to protest any assessment of the above charges against the Hendersons. We ask that this letter be made part of the record in this proceeding." Acting City Attorney Rogers replied "I advise you to receive the letter as argument and make it part of the record, but indicate it is not evidence, it is argument. And also, my opinion is the only relevant portion of the letter to this particular hearing is the portion I pointed out with regards to the pump." Acting City Attorney Rogers then stated "Finally, your Honor I would ask that you make the verification an official part of the record as evidence, it has been authenticated by Mr. Wittwer and he has been questioned on it." Mayor Nicolopulos then verified the report as submitted. M/S Damonte/Addiego - I move that we confirm the statement and assess the costs of the items of verification against the property. (The letter from the Henderson's attorney is attached as a part of the Minutes) Carried by unanimous voice vote. 11/4/81 Page ll O]~ERT C. FIELD ,EORGE F. DUNKER. JR. MERRILL J..~CH',S/ARTZ Ro ~Ot~--DON ~A;KE;~ JR* · STAIqI~:, STE,q~I~T, .~VELLS ~¢. _I~OBtN.qON 1 0 7 ATTORNEYS AT LA~,..'' FIDELITY PLAZA - 147~ FLOOR HERBERT ' 180 ~RAND AVENUE I I~ ~ bEtTOR ROBINSON' {RETIREO~ TELEPHONE (415) ~34-220 ~1-~ '~ '- '~ NATHAN G. GRAY November a, l~y C. Walter Birke!o, City Manager City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Dear Sir: Damage to the HOme of Mr. and Mrs. Edward Henderson 2304 Olym_~_p~.Drive, South San Francisco, CA. we represent Mr. and Mrs. Edward H~nderson, formerly residing at. 2304 Olympic Drive. We previously 'received from the Department of Public Services a verified statement of costs involved in demolition of the'Hendersons' house and the notice setting a hearing on those costs before the City Council on November 4, 1981. According'to the verified statement of Mr. H. J. Wittwer, Chief Building inspector, the costs were $7,400 for demolition and r~moval of the residence and $561.60 for placing a new pump well and PVC discharge line. Based on this notice, we understand that the Council will be asked to approve the costs and then assess them against Mr. and Mrs. Henderson's property. This letter, which is in lieu of a personal appearance at the hearing, is to protest an~ assessment of the above charges against the Hendersons. We ask that this letter be made part of the record in this · proceeding. As you are probably awarer there is now pending a lawsuit by'the Hendersons against the City and other defendants seeking damages for, among other things, the loss of their home and real property. As a result of the defendants' acts snd omissions and through no fault of their own, the Hendersons were forced to evacuate their home of approximately 17 years. We contend that the above costs of $7,961.60 are not properly chargeable to the HendersonSo They are innocent parties whose property has become dedicated to public use by virtue of the water coursing through and under it. In these circumstances, the charges are properly ]]/4/8] Page ]Ia C.~ Walter Bi. rkelo, City Manager Pag e~ Two November 4, 1981 !08 borne by the community at large. This is particularly true regarding the $561.60 which is for the placement of a new pump well and PVC discharge line. That equipment supposedly is to control a continuing' problem which the City has not been able to solve. The function of the pump is, as we understand it, to protect nearby property and therefore~. constitutes a public use. There is no justification whatsoever for this charge to be assessed against the Hendersons. Mr. and Mrs. Henderson have already been through a terrible ordeal, both~emotionally and economically. Since they are the victims in this situation, they should not be asked to sacrifice further on behalf of a problem not of their making. Moreover, on June 19, 1980, Robert C. Field of this office, ~n a letter to John Noonan, then City Attorney, offered ~he City a license to enter the property to accommodate either demolition or removal of the house and the performance of drilling or excavation activities as the City deemed necessary, so long as the Hendersons' rights were preserved and they were absolved from any liability or expense. This offer was in response to Mr. Noonan's earlier request for a license to allow the City to enter the Henderson property. Although Mr. Noonan expressed his opinion that the conditions were reasonable and ac- ceptable to the City, the license was never formally prepared or presented for execution by Mr. and Mrs. Henderson. It is our under- standing, however, that the City thereafter entered the Hendersons' property to investigate, to attempt repairs and to perform other activities related t0 the earth subsidence and damaged drainage system. Upon learning of this, .our office wrote Robert S~ 'Yeet Director of Public Services, recounting these communications with Mr. Noonan and stating that the Hendersons would not be responsible for any costs the City incurred. Under ail of the above circumstances, we strongly object to the imposition of $7,960.16 in cost~ against the Hendersons: who bear no responsibility for the situation giving rise to these costS. Very truly yours, STARK, STEWART, WELLS & ROBINSON Fonda Karelitz FK:bbc cc: Honorable Gus Nicolcpu!os, Mayor: South Sas Francisco Roberta Cerri Teglia, Vice Mayor City Council Members Acosta, Addiego and Damonhe Robert K. Rogers, Jr., City Attorney Robert S. Yee, Director of Public Services 11/4/81 Page llb AGENDA ACTION TAKEN PUBLIC SERVICES 16. Hearing - Continued. RECESS: RECALL TO ORDER: ITEMS FROM STAFF 17. Appointment to the Colma Creek ' Flood Advisory Commission. 18. Discussion of Election date change pursuant to Senate Bill No. 230. (TF-650) PUBLIC SERVICES Mayor Nicolopulos then invited those who wiShed to speak against the matter to step to the dais -- no one chose to speak. Mayor Nicolopulos declared the Public Hearing closed. M/S Damonte/Addiego - To adopt the Resolution. RESOLUTION NO. 137-81 Carried by unanimous voice vote. Mayor Nicolopulos declared a recess at 8:34 p.m. Mayor Nicolopulos recalled the meeting to order at 8:47 p.m., all Council present. ITEMS FROM STAFF Councilman Damonte stated that due to the passing of Harry Pariani a vacancy now exists on the Commission. M/S Damonte/Acosta - To nominate Hugo Stoppoloni for appointment to the Colma Creek Flood Advisory Commission. Carried by unanimous voice vote. City Clerk Battaya apprised Council that there was material from County Clerk Church's Office consisting of two letters for their information on election costs and that Acting City Attorney Rogers had further information. Acting City Attorney Rogers commented that he had been asked "about the time- frame for passing the ordinance and there was a sub-question to that, how would this affect a referendum attempt and would it give enough time to put a referendum up and still have lead time to do the election. The answer to the sub-question is no, but I don't think that the item would be 11/4/81 Page 12 AG E N DA A CT I O N TAKEN !IO.~. ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. ?0 ITEMS FROM STAFF re~erendable. Looking at the referendum sections in the Elections Code and the regulatory scheme of the referendum provisions it appears to me and I have talked to the State (a lawyer at the Department of State who deals with elections a lot) and he agreed with me. It appears to me that the scheme of the referendum provisions is to prevent an ordinance from taking effect by bringing a petition before the legislative body before its effective date and then what happens is the effective date is suspended until certain other actions are taken. One of the sections of Article 2 which deals with referendums is that it almost restates Government Section 36937, which talks about ordinances -- that don't have to wait 30 days before they are effective. One is an Ordinance calling or otherwise relating to an election, and I think that if you were to pass an ordinance generally calling or relating to an election - it would take effect immediately upon its adoption and not be referend6ble. The Senate Bill which was codified in as portions of the Election Code and as portions of the Government Code provides that an ordinance that you pass pursuant to these sections -- the ordinance we are talking about which is to change the election, would be- come operative, to me that means it would take effect, upon approval of the Board of Supervisors. So there is no language in there which says that you have to wait a 30 day period, which is really the kind of ordinance we are talking about that are referend- umable; and you don't have a period of time to get a petition before the body. For example, if the communication lines worked out to such an extent that you passed an ordinance on Wednesday night and it went before the Board of Supervisors on the following day or the following Tuesday, that would clearly be very very little time to pass a referendum and get a petition for your l 1/4/8] Page 13 AGENDA ACTION TAKEN ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. ITEMS FROM STAFF consideration; and I think that the regulatory scheme of the referendum sections of the Election Code and the Senate Bill as it was codified does not contemplate that this ordinance be referendumable. There are other actions, initiatives to amend it later and other things they can do, but as far as referendum goes - I don't think that the Bill is referendable. There is some discussion on this among City Attorneys, it is an unchartered area, but this is what IWink." Councilman Acosta made reference to a Resolution which was passed by the Board of Supervisors stating that the cities may do this with the exception of the Primaries. He asked if that meant that the cities had been given carte blanche authority to proceed and "we almost have their authority to do it right now." Acting 'City Attorney Rogers responded that "almost, but I think it muddies the water more." He suggested, if Council were to pass any ordinance changing the election date pursuant to these sections, that they send the ordinance to the Board of Supervisors requesting official approval. He said "I will prepare the form so that instead of just the Mayor's approval signature there will be a second set of language down there and we will get some kind of a stamp of approval from the Board of Supervisors to make it official. I think that is the way it should be approached." Councilman Acosta stated that he con- curred with Acting City Attorney Rogers. He then commented on the possibility of an advisory vote in June and asked if the matter had been researched. He continued to question the time element involved if Council were to hold their election in November of 82; November of 83; the number of issues on the ballots; the need for approval by the Board of Supervisors. 11/4/81 Page 14 AGENDA ACTION TAKEN ][!2 ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. ITEMS FROM STAFF Discussion followed relative to the Board of Supervisors approval of the ordinance if adopted by the City Council. Acting City Attorney Rogers stated that it was his opinion "that any ordinance adopted pursuant to the subdivision is only operative upon the approval of the Board of Supervisors." He further stated" ..... if your going to pass an ordinance before the April election, when should you do it ..... ? I got together with Mrs. Battaya, we sat down and talked about the legalities and practicalities of this thing. Our suggestion is if you are going to pass this ordinance to move the coming April election back to any other date, that you introduce it at the November 18th Council meeting and then adopt it at the December 2nd Council meeting in order to give her enough time to get her election material going and also have sufficient time to get it before the Board of Supervisors to get it approved and effected." City Manager Birkelo stated that both he and City Clerk Battaya had spoken with County Clerk Church and that he had specifically asked County Clerk Church "would it be possible for the City to get an advisory proposition on the June Primary Ballot of 1982." He stated that County Clerk Church had "indicated that it was possible, but that he could not guarantee at this time that it wouldn't require an additional voting mechanism, the card in addition to the machine processing for the rest of the ballot. He thought it might be but he couldn't guarantee it, or if the other happened we could stand some added cost from having to process our propo- sition through the punch card system. I assume when he said that he was speaking for the Board, since the Board indicated either one of the November dates was all right by their standpoint." He further stated that he had checked on the costs 11/4/81 Page 15 AGENDA ACTION TAKEN ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. ITEMS FROM STAFF and explained that a !etter~'had been received fromi:the County Clerk in- dicating the revised figures and with the removal of the prior estimate cost of a proposition. "What he has in- dicated is that the General Election of 1982 just for Council positions - no propositions, he estimated $9,500 to $11,500 and the General Election of 1984 $10,000 to $12,000. Then he makes a point ~at those figures have been adjusted for inflation but the comparative figure of our City election of 1980 of $15,887 should also be adjusted upward to be truly comparative." Councilman Addiego asked if there would be a problem with placing the advisory vote on the April Municipal Election. City Manager Birkelo responded that there would be no problem if Council was to go ahead with the April election, the advisory vote cou]:d be placed on the ballot at that time. He Commented that he had asked the question related to the placing of the advisory vote on the June ballot, due to a Councilmember asking if it would be possible to adopt an ordinance setting November of 1982 as the election date then have an advisory vote in June to see if the voters wanted to move the election to November of 1983. Councilman Addiego stated that he would propose that "we hold the regular schedUled municipal election in April asking for an advisory vote of the people, putting a proposition or two on there - giving alli ~he options ~o the ~ublic." Councilman Damonte requested input be heard regarding the pros and cons of both the November of 1982 and November of 1983 elections. He ex- pressed his concern with the past presidential election wherein the results were announced early in the 11/4/81 Page 16 AGENDA ACTION TAKEN 114 ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. ITEMS FROM STAFF afternoon and subsequently many persons did not vote thinking that their vote would not count. He related that if the Municipal Election was consolidated with the presidential election this could be disastrous for the City's Municipal Election. He further commented on the low turn out for the School Board Election. Discussion followed on the alternatives available and the need to consider the actions taken by other cities with reference to the adoption of an ordinance consolidating their elections. Pat Martinson, 1288 Morningside Avenue, asked what the Council meant by an advisory vote. Councilman Acosta responded that an advisory vote "would be advising the Council that they may do something." Pat Martinson said if the City was going to have an advisory vote, why not proceed with the election. Councilman Addiego responded that the City would be forever changing the date to be saving a substantial amount of money over the long run. Councilman Addiego asked if there were other arguments to having an advisory vote as opposed to an ordinance. Acting City Attorney Rogers said, if the election is set by a vote of the people then it can't be modified, it would have to go back to another vote to modify it. If you want the flexibility of Council action then your vote before the people should be an advisory vote. Councilman Acosta asked how the proposed change would be affected by an Ordinance the City presently has in effect, stating that a Council person may only serve for two con- 11/4/81 Page 17 AGENDA ACTION TAKEN !!5 ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. ITEMS FROM STAFF secutive terms of office. Acting City Attorney Rogers replied "This law states that you can't shorten a Council term ..... this law would supercede, would preempt our Ordinance in that respect and you are only running for two terms even though you are extending the term." Discussion followed pertinent to the extension of terms. Also discussed was the action which woul. d have to be taken by the City Council if they were to chose to consolidate with either the General Election in November of 1982 or the School Board Election in November of 1983. Acting City Attorney Rogers indicated if Council would give their direction he would have thec~two ordinances prepared by the meeting of November 18, 1981 for their consideration. Councilman Acosta commented that he preferred consolidating with the School Board Election in November of 1983 in order to keep itqocalized. Councilman Addiego stated that he would like to keep the election localized and ~ndicated_his desire to become aware'of the actionsitaken by Other cities in the area in order to have the election~date standardized throughout this part of the County. Vice Mayor Teglia stated that she would be in agreement to consolidating with the November of 1982 in relation to the cost savings. She stated that she would have a problem with voting to extend to November of 1983 without the public expressing their approval. Mayor Nicolopulos stated that he preferred consolidating with the November 1983 election and commented on the voter apathy. Discussion followed on the voting trends of the area. 11/4/81 Page 18 AGENDA ACTION TAKEN ITEMS FROM STAFF 18. Discussion of Election date change pursuant to Senate Bill No. 230 - Continued. GOOD AND ~ELFARE (TF-925) ITEMS FROM STAFF Councilman Acosta stated that the would prefer to have a one time only change in the election date. Discussion followed on City's re- sponsibility to make their decision with respect to SB 230. Also discussed was the purpose of the passage of the Bill and its intent. Acting City Attorney Rogers said "Section 2.16.010 of the Municipal Code states 'a person elected to the Council in the General Municipal Election of 1974 and succeeding General Municipal Elections shall be eligible to serve only two successive four year elected terms after being so elected.' My opinion is that you can still pass your ordinance and you can still extend the terms, if your uncomfortable with that I can make reference in there - in the new ordinance that refers back to this and says not withstanding that the terms would be extended." Concurrence of Council that the Acting City Attorney be directed to prepare two ordinances: 1) consolidating with the General Election of November of 1982; 2) consolidating with the School Board Election of 1983. GOOD AND WELFARE Mr. Larry Casey, 363 Forestview Drive, asked what the procedure would be if Council were to change the length of their terms without the benefit of the proposed ordinance, and asked if it would take a vote of the public. Acting City Attorney Rogers responded that he would have to research the matter. Mr. Casey commented that ~be..April election could be held and the change in the terms of office would be effective then. 11/4/81 Page 19 AGENDA ACTION TAKEN GOOD AND WELFARE CLOSED SESSION: RECALL TO ORDER: 19. Request to adjourn the meeting to 11/9/81 at 4:45 p.m., at the City Hall Conference Room, for the pur- pose of discussing the Brentwood Parking Lot and the Grand Avenue Overpass Design. ADJOURNMENT: RESPECTFULLY SUBMITTED, B~ara A. Battaya, City Cl~'r~l~ City of South San Francisco GOOD AND WELFARE Pat Martinson, 1288 Morningside Avenue, asked for clarification of the conver- sation between City Manager Birkelo and County Clerk Church regarding the holding of the General Municipal Election with me June Primary. City Manager Birkelo replied that the County Clerk had stated that there was a possibility of placing a proposition on the ballot so it could be voted on at that time. He further said that the Board of Supervisors had said no to the consolidation of General Municipal Elections with the June Primary. Council adjourned to a Closed Session at 9:40 p.m. The meeting was recalled to order at 10:30 p.m., all Council present, no action taken. M/S Addiego/Damonte - To adjourn to Monday, November 9, 1981, at 4:45 p.m., in the City Hall Conference Room, 400 Grand Avenue, South San Francisco. Carried by unanimous voice vote. 10:30 p.m. APPROVED: -l~u-s Nicolop-ulos, Maj~6r 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. 11/4/81 Page 20