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HomeMy WebLinkAboutMinutes 1983-11-30Mayor Mark N. Addiego Vice Mayor Richard A. Haffey Counci 1: Emanuele N. Damonte Gus Nicolopulos Roberta Cerri Tegl ia AGENDA ADJOURNED REGULAR MEETING CALL TO ORDER: ROLL CALL: AGENDA REVIEW City Manager Birkelo requested: - Add Item 3, setting a meeting date to consider SA-83-81 and Negative Declaration No. 416, a revised Tentative Subdivision Map of Genstar Development, Inc. - Add Item 4, discussion of establishing a graffiti removal program. - Add Item 5, information on card room legislation. - Add Item 6, information on pipeline alignment for San Francisco Water Company. ORAL COMMUNICATIONS Requesting a Motion to waive further reading of the Ordinance; Requesting a Motion to adopt the Ordinance on the time and place of meetings. 2nd Reading/Adoption AN ORDINANCE AMENDING SECTION 2,04.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 1 OF ORDINANCE NO. 674 ENTITLED "AN ORDINANCE DESIGNATING TIME AND PLACE OF MEETINGS OF THE CITY COUNCIL MINUTES City Council City Council Conference Room November 30, 1983 ACTION TAKEN ADJOURNED REGULAR MEETING 7:00 p.m. Mayor Addiego presiding. Council present: Council absent: AGENDA REVIEW Nicolopulos, Haffey, Damonte and Addiego. Teglia. So ordered. ORAL COMMUNICATIONS No one chose to speak. Deputy City Clerk Gibson read the title of the Ordinance in its entirety. M/S Haffey/Damonte - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Addiego - To adopt the Ordinance. Councilman Nicolopulos stated "I wish to say a few things without interruption. am not seeking nor do I want any replies 11/30/83 Page 1 AGENDA ACTION TAKEN Adoption of an Ordinance on the time and place of meetings - Conti nued. i13 or rebuttals. I am not asking you to agree or disagree with what I have to say. All I'm asking is to respect my rights to speak uninterrupted. I will be succinct and to the point. Item No. 1: Mark, a few days before the changing of the guard ceremonies, you phoned seeking my support to remain as Mayor. A change in your schedule would now permit you time to devote to those duties. I expressed my preference for the Mayor's position. I preferred an equitable pro- cess, allowing Vice Mayor Damonte to serve. He has not been Mayor since 1977 and I felt he was qualified to serve, but you told me later that he did not want to serve as Mayor because of family and employment constraints. I told you I was a bit dissatisfied by the manner which ! learned of your desire to extend your Mayor's role. I was notified by Dave Murphy of the Times and Enterprise Journal a day before you phoned me. Learning about it by the press was distaste- ful to me. You apologized about thi since things were hectic for you. accepted your apology and told you the same thing I told Dave Murphy. I would be supportive of the best interests of the Council and would support you since Midge refused the position. Item No. 2: Plans for the changing of the guard ceremonies were being prepared by someone several weeks before the ceremony. I was never asked by you as Mayor nor anyone el se preparing plans for the ceremony to take part in the plans although I assumed it would be a Council function. I was never invited or told what the plans would con- sist of. You offered me some formal printed invitations to mail to my friends about five days before the party, but at that time you did not tell me that you wished to remain as Mayor. I thanked~you for the invitations, but refused them, because of my human frailties, I may have advertently omitted someone in the pro- cess. I felt a safer policy would be for me to invite my constituents, my friends and any other resident wishing to accept my offer by means of Channel 3. That 11/30/83 Page 2 AGENDA ACTION TAKEN !14 Adoption of an Ordinance on the time and place of meetings - Continued. opportunity arose at our Wednesday night meeting two nights before the party. I announced it during Items from Council. I then offered to pay my fair share of the expenses since I did publicly invite residents to the party, i again reminded you that I wished to pay my fair portion of the expenses even though I did not know what was to take place until I saw everything at the reception following the swearing in ceremonies. To this date and time I have not been informed what my fair portion is, whether you even wish to accept my offer, or whether you even care. Item No. 3: Sometime before the recent election, during the election, or shortly after the election, Rick Haffey, asked you Mark, to change the regularly scheduled Council meeting dates from the first and third Wednesdays to the second and fourth Wednesdays to accommodate his work schedule with the City of Belmont. You used your office as Mayor to direct Walt Birkelo to prepare an ordinance agenda item to accomplish this change. It was placed on the Friday changing of the guard ceremony night meeting as a late introduction item, without the regu- lar public notice, nor the opportunity for public input. You did not then nor have you taken the common courtesy to ask me what, if any, impact this change would have on me personally, which inci- dentally it does personally impact me. You have totally disregarded me, Mark. I learned of the anticipated date changes by reading the local papers the afternoon before the meeting on Friday night. A wise Council many years ago implemented a safeguard or protection policy prohi- biting the ramroding or bulldozing of an agenda item at the last minute without adequate public notice or input if that item is objected to by one Council member. There were two objections at the Friday night meeting. Yet you directed the passage of such an item in violation of our protection policy. Several months ago you displayed courage, strong convic- tions and deep concern for the public's protection when you felt an item was 11/30/83 Page 3 AGENDA ACTION TAKEN Adoption of an Ordinance on the time and place of meetings - Continued. Councilwoman Teglia arrived. Councilman Nicolopulos stepped down from the podium being ramroded through. You objected vehemently and your request for introduc- tion at a subsequent meeting was granted. It is incomprehensible why, tonight, you wish to take away the public's protection in such matters, when only several months ago, you were its staunchest supporter. I respect the right of any person to say or do what that person wishes to do in spite of the fact that I might in many instan- ces disagree with that person. I believe we all can profit from what Abraham Lincoln said shortly after he freed the slaves. President Lincoln said 'no person is good enough to govern another person without that others consent!' I pledged a cooperative rather than an adversary relationship for the Council before, I still do and will continue to do so as long as I'm here. But I must qualify that statement. I will pledge cooperation for the constructive purposes. I will not be a party to a vote on an issue which I feel is destructive. Removing a safe- guard or protection tool is not in the best interest of the City of South San Francisco. Mark, call me back to the podium at the appropriate time. Councilwoman Teglia arrived at 7:07 p.m. Councilman Nicolopulos stepped down from the podium at 7:08 p.m. Councilman Damonte stated that he recognized the opposition to the proposed ordinance and that there would be minor inconveniences on his part, and indicated that he would not oppose the passage of the ordinance. Mayor Addiego stated that when there was a first reading and a second reading there was an inherent safeguard. He stated that if Councilman Damonte had a problem with the proposed date, perhaps con- sideration should be given to Mondays or Tuesdays. He commented on the method which had been used to bring this matter to Council and explained that he believed that the public good was not in question 11/30/83 Page 4 AGENDA ACTION TAKEN Adoption of an Ordinance on the time and place of meetings - Continued. RECESS: RECALL TO ORDER: Councilman Nicolopulos returned to the podium. Consideration of a draft Ordinance on Property Maintenance Standards. AN ORDINANCE REPEALING ORDINANCE NOS. 405, 287 AND 345 CHAPTER 8.24, 8.32 AND 8.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.24 ENTITLED "ABATEMENT OF NUISANCES" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE as far as governmental action was concerned. Councilman Damonte requested that the policy be reinstated that Councilman Nicolopulos had referred to and in the future consider it as a policy. Mr. James Keegan, 1244 Crestwood Drive, spoke on the reinstatement of the policy and stated that the rule had been enacted in March of 1976 to prevent what had been referred to as midnight legislation. He commented on the passage of legislation concerning the Marina. ORDINANCE NO. 936-83 Carried by unanimous roll call vote. Vice Mayor Haffey expressed appreciation to Councilman Damonte for his cooperation in this matter. The meeting was recessed to the Redevelopment Agency meeting at 7:15 p.m. The meeting was recalled to order at 7:17 p.m., all Council present. Councilman Nicolopulos returned to the podium at 7:17 p.m. Assistant City Attorney Katz stated the proposed draft of the abatement nuisance ordinance was a product of several revi- sions and comments from participating department heads, Code Enforcement Officer and Building Inspector. She explained that the proposed ordinance was an attempt to repeal the current chapters of the Municipal Code concerning trash accummulation, delapidated buildings~ weed removal, abandoned refrigerators and wells by placing them in a combined aba- tement nuisance ordinance, and expanding the definition of the public nuisance. Assistant City Attorney Katz explained in depth the sections of the pro posed ordinance which dealt with 11/30/83 Page 5 AGENDA ACTION TAKEN Consideration of a draft Ordinance on Property Maintenance Standards - Continued. 117 nuisances to public health, hazardous premises, dangerous buildings, offensive conditions, storage of trailers, campers, boats or other mobile equipment for more than 72 hours. She explained that Chief of Police Datzman had requested that if the City was to adopt the 72 hour limit, there should be consideration given to the revision of the Code Section per- taining to 120 hours for vehicles on City property. Chief of Police Datzman stated that the abandoned vehicle ordinance currently set a limit of 120 hours. He indicated that communities differed in the amount of hours required before a vehicle could be designated abandoned and stated that the only concern he had with universal use of 72 hours would be the impact that it would have on the amount of activity per- taining to abandoned vehicles. Discussion followed regarding negligently maintained landscaping; solar collectors; manmade nuisances; dangerous and hazar- dous conditions and the procedures to follow when enforcing the proposed ordinance. Further discussion followed relative to the depreciation in property values when public nuisances were evident within a neighborhood; economic conditionsof the owners of homes which needed attention; rental property; legal impact upon the City when dealing with private property owners; etc. Councilwoman Teglia indicated that many older residents of the City had contacted her regarding cars which were hanging on the curbs and making it dangerous to walk in those areas. She inquired how the proposed ordinance would affect this situation. Chief of Police Datzman stated that pre- sently this matter is addressed when a complaint regarding cars parked on sidewalks and curbs was received by 11/30/83 Page 6 AGENDA ACTION TAKEN e Consideration of a draft Ordinance on Property Maintenance Standards - Continued. the Police Department from a concerned citizen and that a request was made for voluntary compliance by the owner of the vehicle. In-depth discussion followed concerning the need for a policy in regard to vehicles which parked or infringed on the public walkways in order to provide safety for those walking; the procedure for enforcement of the abandoned vehicle ordinance; dangerous areas of the City where no sidewalks currently existed, etc. Councilwoman Teglia asked that Chief of Police Datzman obtain information regarding the City of San Bruno's parking requirements for the area located east of E1Camino Real and Green Street. Mr. James Keegan indicated that parking on the curbs was a condition which existed throughout the City and commented on other hazardous parking conditions, Mrs. Pat Martinson, 1288 Morningside Drive, read the following statement: "There is a problem of long standing existing in our neighborhood which rela- tes to this agenda item tonight and about which I wish to inform the Council. A certain resident of Sunshine Gardens drives a tow truck for a local salvage yard. He tows salvaged vehicles to his residence and stores them in his drive- way, across his driveway, and in the street in front of his house. Some of these vehicles run, some do not, some he fixes, some he does not. They are kept for periods of time varying from a day or two to several years. He has told me that if these vehicles are left at the salvage yard they are stripped the first night they are there. The street is never cleaned in front of his house or the adjoining residents. Any visitors he might have, park in front of his neighbors' houses, always. There are currently two large sedans, one semi- tractor (which he says he intends to con- 11/30/83 Page 7 AGENDA ACTION TAKEN o Consideration of a draft Ordinance on Property Maintenance Standards - Continued. 119 vert to a tow-truck), one limousine and one van. The van is sometimes driven, but is from the salvage yard also. Besides all of this, his tow-truck is never left at the yard, but used for his transportation to and from the salvage yard and to be available at home when he receives radio calls for service. He parks it in front of neighbhoring resi- dences and it is a terrible eyesore. Are there existing ordinances to protect us from this kind of situation? Are they enforcable? If so, I respectfully ask that the Council so protect us; if not, I ask that they pass an ordinance or ordi- nances that will protect us. This request is made only in the interests of the residential neighborhoods and not meant to be considered with any problems the City may or may not have with any salvage yard." Mayor Addiego inquired if residents were allowed to bring business vehicles homes. Chief of Police Datzman explained that it was permitted. He explained that if the business was being conducted on the pre- mises, it would be a different situation. Vice Mayor Haffey requested that the Police Department advise Council of the resolution of Mrs. Martinson's problem. An in-depth discussion followed relative to the abatement of vehicles; public nuisances; rights of property owners, etc. Mr. Jake Jones, 16 E1Campo Drive, spoke of the parking conditions on Bonita Avenue and stated that he could understand why car owners would park on the sidewalk, in order to provide space for ongoing traffic to pass. Discussion followed regarding the traffic on Arroyo and E1 Camino and the need expressed by Mr. Jones of a one-way street between Arroyo and Alta Loma. 11/30/83 Page 8 AGENDA ACTION TAKEN Consideration of a draft Ordinance on Property Maintenance Standards - Continued. Set 12/14/83 asa meeting date to.~ consider SA-83-81 and Negative Declaration No. 416, a revised Tentative Subdivision Map of Genstar Development, Inc. (Broadmoor Homes). Discussion of establishing a graffiti removal program. Information on card room legislation. Mayor Addiego requested that Director of Public Services Yee contact the owners of the businesses in the area regarding the installation of a one-way street. Mr. Keegan expressed concern regarding the public's safety with respect to the old Kaiser building and the status of the Willow/Grand development. Mayor Addiego indicated that it would be beneficial to advise the public of the proposed ordinance and receive input before proceding further. Discussion followed regarding maintenance property standards adopted by the City of Fresno; importance of having neighborhood involvement in maintaining their areas; visual and structural damage to property; health hazards caused by debris; the need for the City to receive support from homeowners, churches, services clubs in preparation and enforcement of property maintenance standards. Further discussion followed regarding the scheduling of a second study session after input had been received from the various homeowners associations, churches, community groups, womens clubs, PTA's, etc. M/S Teglia/Haffey - To set 12/14/83 as a meeting date. Carried by unanimous voice vote. Consensus of Council to continue. City Attorney Rogers stated that recent legislation had been passed per- tinent to the operation of card rooms within California cities. He stated that effective January 1, 1984, in accordance with the law which was recently passed, if cities have permitted card rooms in the City prior to January 1, 1984, then you 11/30/83 Page 9 AGENDA ACTION TAKEN 121 Information on card room legislation - Continued. iTEMS FROM STAFF Information on pipeline alignment for San Francisco Water Company proposal. may not locate one in your City unless the people vote by an affirmative majority to permit the operation of a card room within the City. He explained that the City currently did not allow card rooms, however, there are two existing card rooms which existed prior to the zoning ordinance coming into effect. He stated that the new law would not mean that the current card rooms operating within the City would have to go out of business, however, if they were to relocate, it was his opinion that the people should vote on the matter and that of new card rooms coming into the City. He explained that the new law would not deter cities from regulating the use of card rooms. Chief of Police Datzman stated that he had attended an Attorney General Zone Meeting in San Jose and had inquired as to the intention of the law regarding card rooms. He stated that he had been advised that the Attorney General's Office would have the card rooms submit a valid registration in order to maintain a file on those operating within the State and that all local regulations and concerns that people had would be handled on a localized basis. Councilwoman Teglia stated that the policies relating to card rooms should be deal t with when considering the General Plan. ITEMS FROM STAFF City Manager Birkelo stated that new developments had come about regarding the proposal. He presented a background on the subject and stated that a Council subcommittee had met with the San Francisco Water Company and an agreement had been reached as to the routing of the pipeline. Councilwoman Teglia stated that the ori- ginal proposal submitted by the Water Company had not been acceptable since it 11/30/83 Page 10 AGENDA ACTION TAKEN ITEMS FROM STAFF 6. Information on pipeline - Continued. ITEMS FROM COUNCIL Councilman Nicol opul os: ITEMS FROM STAFF would be cutting through residential areas of the City. She stated that there had been three other options con- sidered by the Council subcommittee which had been presented, but were not possible for various reasons, indicating that a option had been presented and a consensus had been made to present the proposal to the full Council. City Manager Birkelo outlined the propo- sal, commenting on the alternatives which were available, etc. An in-depth discussion followed regarding the proposed route and alternatives suggested. Councilman Damonte commented on the need to obtain information on the concerns which had been expressed by Fire Ch{el Drago over the proposal. Mayor Addiego stated that the San Francisco/San Mateo County Task Force would be meeting in South San Francisco with representatives to discuss the Bart Spur and the Water Main Alignment and further information could be obtained at that time. ITEMS FROM COUNCIL Gave an update on Magnolia Center. He explained that there was a considerable amount of dry rot throughout the building and that overall the building would require extensive work. He explained that there was sufficient information to proceed with Phase 2. An in-depth discussion followed regarding the importance of the building as a historical site; cost of renovating; retaining the front portion of the site and the need to proceed with Phase 2 which would consist of an architectural analysis, marketing study and a preliminary process. Consensus of Council to proceed with Phase 2. 11/30/83 Page 11 AGENDA ACTION TAKEN ITEMS FROM COUNCIL Councilwoman Teglia: Mayor Addi ego: GOOD AND WELFARE ITEMS FROM COUNCIL Requested that the matter of the safety lights on San Bruno Mountain be agendized for the next regular meeting of the City Council, since direction was needed from Council. City Manager Birkelo explained that he would give a report outlining the issue after meeting with Dr. Garbell. Councilwoman Teglia requested that the discussion of post card stickers for the Noise Abatement Office be placed on the next agenda for the next regular City Council meeting. Stated that the Police Department was sponsoring a cultural awareness seminar and explained that there would be four sessions and advised Council of the dates and times of the sessions. Stated that he would be contacting each member of the City Council regarding their preference in serving on different agencies on the City's behalf. GOOD AND WELFARE Mr. Jake Jones, 12 E1Campo Drive, expressed concern regarding the construc- tion on North Canal. Director of Public Services Yee explained that there was a need to pour hot asphalt, but that the contractor could not accomplish this during the current rains. Discussion followed regarding the City's liability in this regard. Mrs. Pat Martinson, 1288 Morningside Drive, commented on the flooding which took place near E1Camino High School. 11/30/83 Page 12 AGENDA ACTION TAKEN GOOD AND WELFARE CLOSED SESSION Request for a Closed Session for the pur@ose of discussion of personnel matters, labor relations and litigation. RECALL TO ORDER: ADJOURNMENT RESPECTFULLY SUBMITTED, ~arbara A. Battaya, City~Cler~ City of South San Francisco GOOD AND WELFARE Director of Public Services Yee explained that a study had been made pertinent to this problem and that funding in the amount of $140,000 would be necessary to address the issue. He stated that the city was presently in the process of trying to obtain the participation of the County and the Town of Colma. CLOSED SESSION Council adjourned to a Closed Session at 9:45 p.m. for the discussion of personnel matters, labor relations and litigation. The meeting was recalled to order at 11:10 p.m., all Council present, no action taken. M/S Teglia/Haffey - To adjourn the meeting. Carried by unanimous voice vote. The meeting was adjourned at 11:11 p.m. APPROVED: Mark N. Addiego, Mayor . City of South San Francisco T)le 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. 11/30/83 Page 13