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