HomeMy WebLinkAboutMinutes 1985-06-12Mayor Richard A. Haffey
Vice Mayor Roberta Cerri Teglia
Counci 1:
Mark N. Addie§o
Emanuele N. Damonte
Gus Nicolopulos
MINUTES
City Council
Municipal Services Building
Community Room
June 12, 1985
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
PROCLAMATION - CHAMBER OF COMMERCE WEEK
6/24/85 - 6/30/85
PROCLAMATION - NATIONAL SAFETY IN THE
WORK PLACE WEEK 6/16/85 - 6/22/85
AGENDA REVIEW
City Manager Birkelo requested:
- A Closed Session prior to the
discussion of Item No. 31.
- Add Item 18a. Motion determin-
ing that the structure at 552
Railroad Ave. is not a landmark
pursuant to Ordinance No. 942-84.
- That the title of Item No. 25
had been corrected.
ORAL COMMUNICATIONS
ACTION TAKEN
7:45 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Addiego,
Teglia and Haffey.
Damonte.
The pledge of allegiance was recited.
The invocation was given by Father
Trainer, Mater Dolorosa Church.
Mayor Haffey read and presented the
Proclamation to Chamber of Commerce
President Bruce Roudabush.
Mayor Haffey read and presented the
Proclamation to John Scara, Chairman of
the South San Francisco Safety Committee.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Ms. Delores Nelson stated that her
daughter had spent $700 for a use permit
and business license for a dog grooming
shop in Serra Highlands and that the use
had been denied twice by the Planning
Commission. She questioned why an honest
business had been rejected when the dirty
bookstore have been operating in this
City for ten years.
6/12/85
Page I
AGENDA ACTION TAKEN 349
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Regular Meeting of
5/22/85 and the Adjourned Regular
Meeting of 5/29/85.
Staff Report 6/12/85 recommending
adoption of a Resolution to
authorize the Purchasing Officer to
advertise for bids for custodial
paper supplies for Building
Maintenance.
A RESOLUTION APPROVING
SPECIFICATIONS, AUTHORIZING THE
PURCHASE OF SUPPLIES, EQUIPMENT OR
SERVICES AND CALLING BIDS FOR
CUSTODIAL PAPER SUPPLIES
ORAL COMMUNICATIONS
She stated that she had talked to the
Vice Mayor concerning the matter and
still the Planning Commission had denied
the use. She stated that her daughter
had withdrawn her appeal to the City
Council on the matter because she did not
want to spent another $300.00.
Vice Mayor Teglia stated that she had
talked to the applicant and had stated
that this type of use was not allowed in
a C-1 zone and that Council would have to
do an Amendment to the General Plan if it
chose to allow the use, however the
appeal had been withdrawn.
Mayor Haffey requested a report from
Staff within the next two weeks.
COMMUNITY FORUM
Vice Mayor Teglia requested a report on
the slurry seal program in Serra
Highlands in that she had heard concerns
from citizens on the quality of the
work.
Mayor Haffey complimented the Police
Officer Dan Wright and others on their
recent successful arrest of Leonard Lake.
Councilman Nicolopulos requested a moment
of silence in memory of Councilman
Damonte's ninty-three year old father who
had passed away.
CONSENT CALENDAR
Approved.
RESOLUTION NO. 106-85
6/12/85
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
Staff Report 6/12/85 recommending
adoption of a Resolution to
authorize the Purchasing Officer to
advertise for bids for liquid
chlorine for the Water Quality
Control Plant.
A RESOLUTION APPROVING
SPECIFICATIONS, AUTHORIZING THE
PURCHASE OF SUPPLIES, EQUIPMENT OR
SERVICES AND CALLING BIDS FOR
LIQUID CHLORINE
e
Staff Report 6/12/85 recommending
by Motion to accept the Pump
Station No. 4 Emergency Generator
Installation Project No. WTP-83-6
as complete in accordance with
approved plans and specifications.
Bo
Staff Report 6/12/85 recommending
by Motion to accept the Civic
Center Renovation Project Phase I,
Project No. PB-81-2 as complete in
accordance with the approved plans
and specifications.
Ge
Staff Report 6/12/85 recommending
adoption of a Resolution approving
plans and specifications and
calling for bids for the replace-
ment of existing steel frame and
windows at Central Fire Station,
Project No. PB-83-10.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR
THE REPLACEMENT OF EXISTING STEEL
FRAME AND WINDOWS AT CENTRAL FIRE
STATION, PROJECT NO. PB-83-10
e
Staff Report 6/12/85 recommending
adoption of a Resolution approving
plans and specifications and
calling for bids for the West
Orange Library Parking Lot Improve-
ments, Project No. PB-83-4.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE WEST
ORANGE LIBRARY PARKING LOT IMPROVE-
MENTS, PROJECT NO. PB-83-4
CONSENT CALENDAR
RESOLUTION NO. 107-85
Approved.
Removed from the Consent Calendar for
discussion by Vice Mayor Teglia.
RESOLUTION NO. 108-85
Removed from the Consent Calendar for
discussion by Vice Mayor Teglia.
6/12/85
Page 3
AGENDA ACTZON TAKEN 35i
CONSENT CALENDAR
e
Staff Report 6/12/85 recommending
adoption of a Resolution approving
plans and specifications and
calling for bids for the Mission
and Evergreen Storm Drainage
Improvements, Project No. SD-81-2A.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
MISSION AND EVERGREEN STORM DRAINAGE
IMPROVEMENTS, PROJECT NO. SD-81-2A
e
Staff Report 6/12/85 recommending
adoption of a Resolution to award
the contract for the
Lux-California-Pine Storm Drain
System, Phase I, Project No.
SD-83-8 to Kennelly Construction
Company, Inc., in the amount of
$290,190.00, as the lowest respon-
sible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR LUX-CALIFORNIA-PINE STORM DRAIN
SYSTEM, PHASE I, PROJECT NO.
SD-83-8
10.
Staff Report 6/12/85 recommending
adoption of a Resolution to award
the contract for the Rodent Control
Program to Bay Pest Control in the
amount of $11,718.95, as the lowest
responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE RODENT CONTROL PROGRAM
11.
Staff Report 6/12/85 recommending
by Motion to set 6/26/85 as a
Public Hearing for Revenue Sharing.
12.
Staff Report 6/12/85 recommending
adoption of a Resolution to
authorize the Purchasing Officer to
advertise for bids for printing of
the Quarterly Leisure Activities
Brochures for the Fiscal Year
1985-86.
A RESOLUTION APPROVING
SPECIFICATIONS, AUTHORIZING THE
PURCHASE OF SUPPLIES, EQUIPMENT OR
SERVICES AND CALLING BIDS FOR
LEISURE ACTIVITIES BROCHURES
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Vice Mayor Teglia.
RESOLUTION NO. 109-85
RESOLUTION NO. 110-85
RESOLUTION NO. 111-85
6/12/85
Page 4
AGENDA ACTION TAKEN
CONSENT CALENDAR
13.
Staff Report 6/12/85 recommending
adoption of a Resolution accepting
dedication of Parcel "B" of Parcel
Map No. 85-225, P.S. Business Park,
southwest corner of Produce and San
Mateo Avenues.
A RESOLUTION ACCEPTING DEDICATION
FOR ROADWAY AND UTILITY PURPOSES
(PM-85-225) "P.S. BUSINESS PARK"
14.
Staff Report 6/12/85 recommending
by Motion to set June 26, 1985, as
the date to consider approval of a
Tentative Subdivision Map to create
a three-lot condominium project
with fifty (50) residential units,
related common facilities, parking,
and landscaping on property located
on the west side of Carter Drive
between Kilconway Lane and Cromwell
Row (Geortom, Inc. and San Mateo
Development Company,
SA-85-89/Carter Park I).
15.
Staff Report 6/12/85 recommending
by Motion to set June 26, 1985, as
the date to consider approval of a
Tentative Subdivision Map to create
a five-lot condominium project with
eighty-four (84) residential units,
related common facilities, parking
and landscaping on property located
on the north side of Carter Drive
between Callan Boulevard and
Shamrock Court (Li Shah
Investment/Michael Callan,
Applicant, SA-85-90/Carter Park
II).
16.
Staff Report 6/12/85 recommending
adoption of a Resolution
designating the intersection of
Alida Way and Alta Vista Drive as
an intersection at which vehicles
are required to stop.
A RESOLUTION AMENDING RESOLUTION
NO. 3812, AS AMENDED, WHICH
ESTABLISHES CERTAIN TRAFFIC
REGULATIONS IN ACCORDANCE WITH
CHAPTER 11.28 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
I
CONSENT CALENDAR
RESOLUTION-NO. 112-85
Set 6/26/85 as date to consider approval
of Tentative Subdivision Map SA-85-89.
Set 6/26/85 as date to consider approval
of Tentative Subdivision Map SA-85-90.
RESOLUTION NO. 113-85
6/12/85
Page 5
A G E N D A AC T Z 0 N TA K E N 35S
CONSENT CALENDAR
17.
Staff Report 6/12/85 recommending
adoption of a Resolution accepting
dedication for storm drainage and
sanitary sewer purposes Country
Club Park No. 5 (PM-83-212).
A RESOLUTION ACCEPTING DEDICATION
FOR STORM DRAINAGE AND SANITARY
SEWER PURPOSES COUNTRY CLUB PARK
NO. 5 (PM-83-212)
18.
Staff Report 6/12/85 recommending
by Motion to set a Public Hearing
date of 6/26/85 to consider the
amendment of sewer rental charges
for 1985-86.
18a. Staff Report 6/12/85 recommending
that determination be made that the
structure at 552 Railroad Avenue,
owned by Robleto, is not a landmark
pursuant to Interim Ordinance
No. 942-84.
®
Staff Report 6/12/85 recommending
by Motion to accept the Civic
Center Renovation Project Phase I,
Project No. PB-81-2 as complete in
accordance with the approved plans
and specifications.
CONSENT CALENDAR
RESOLUTION NO. 114-85
Public Hearing date set for 6/26/85.
So ordered.
M/S Teglia/Addiego - To approve the
Consent Calendar with the exception of
Items 5, 7 and 8.
Carried by unanimous voice vote.
Vice Mayor Teglia questioned if the six
items dealing with the Library had been
addressed.
Deputy City Manager/City Engineer Yee
stated that the Library carpet was not a
part of this Project.
Councilman Nicolopulos questioned if
litigation was still underway with
Harvest Construction and whether the City
would receive money from the 10% reten-
tion for work not completed.
Deputy City Manager/City Engineer Yee
stated that Harvest had filed a claim
against the City and that the City felt
it should exercise whatever was necessary
to collect from the contract.
City Attorney Rogers stated that Harvest
was asking for damages from an arbitra-
6/12/85
Page 6
AGENDA ACTION TAKEN
e
e
Staff Report - Continued.
Staff Report 6/12/85 recommending
adoption of a Resolution approving
plans and specifications and
calling for bi ds for the West
Orange Library Parking Lot Improve-
ments, Project No. PB-83-4.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE WEST
ORANGE LIBRARY PARKING LOT IMPROVE-
MENTS, PROJECT NO. PB-83-4
Staff Report 6/12/85 recommending
adoption of a Resolution approving
plans and specifications and
calling for bids for the Mission
and Evergreen Storm Drainage
Improvements, Project No. SD-81-2A.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
MISSION AND EVERGREEN STORM DRAINAGE
IMPROVEMENTS, PROJECT NO. SD-81-2A
tion board and that the City was allowed
to withhold the 10% retention.
M/S Nicolopulos/Teglia - To accept the
Civic Center Renovation Project Phase I
as complete in accordance with the
approved plans and specifications.
Carried by unanimous voice vote.
Vice Mayor Teglia stated that she did not
want to do the slurry seal on this
Project.
Deputy City Manager/City Engineer Yee
stated that slurry seal cost 4~ a foot
vs. $1.00 a foot for overlay. He stated
that he was trying to stretch the City's
dollars for streets that need improvement
and to overlay all the streets would be
expensive and was not needed if the foun-
dation was good. He stated that he was
looking for alternate methods to deal
with citizen complaints.
Vice Mayor Teglia stated that unless
the slurry seal was properly applied the
complaints would continue.
Consensus of Council - To carry the item
over to another meeting.
Vice Mayor Teglia questioned if this was
only an interim step to solve the one
probl em.
Deputy City Manager/City Engineer Yee
stated that it was an interim project to
only solve this problem. He stated that
the County wanted a master plan and yet
there was still the problem wi th garages
flooding, however a long term solution
would be worked out later. He stated
that currently there was no protection
with flooding in winter and this would
alleviate the problem for two homes on
Evergreen.
Discussion followed on the down track
into Colma Creek that needed to be
addressed; Mission Road and high water
elevation and silt coming down stream,
etc.
6/12/85
Page 7
AGENDA ACTION TAKE, 255
8. Staff Report - Continued.
APPROVAL OF BILLS
19. Approval of the Regular Bills of
6/12/85.
LIBRARY
20.
Staff Report 6/12/85 recommending
adoption of a Resolution
authorizing a grant request appli-
cation for a LSCA Grant for the
L i bra ry. ~~ ~
A RESOLUTION AUTHORIZING
APPLICATION FOR LIBRARY SERVICES
AND CONSTRUCTION ACT GRANT FUNDS
FROM THE CALIFORNIA STATE LIBRARY
THE CALIFORNIA STATE LIBRARY
COMMUNITY DEVELOPMENT AND ADMINISTRATION
21.
Public Hearing - To consider a
Zoning amendment to allow amusement
arcades in theatres in a PCM Zone.
Staff Report 6/12/85 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to approve
Negative Declaration No. 506; 4)
Motion to waive further reading of
the Ordinance; 5) Motion to intro-
duce the Ordinance to allow amuse-
ment arcades in theatres in a PCM
Zone. ~'~
1st Reading/Introduction
AN ORDINANCE ADDING SECTION
20.66.050I TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE (USES
PERMITTED IN PCM ZONE)
M/S Nicolopulos/Teglia - To adopt the
Resolution.
RESOLUTION NO. 115-85
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Teglia/Addiego - To approve the
Regular Bills of 6/12/85 in the amount of
$1,644,363.67.
Carried by unanimous voice vote.
Councilman Addiego did not participate or
vote in the matter of the claim of
Brentwood Market.
LIBRARY
City Librarian Goodrich stated that this
was an exciting proposal that would send
trained people into the schools to
establish an after school reading
program.
M/S Teglia/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 116-85
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT AND ADMINISTRATION
City Clerk Battaya read the title of the
Ordinance in its entirety.
Mayor Haffey opened the Public Hearing
and invited those wishing to speak in
favor of the Amendment to step to the
dais.
Mr. Jack Haig stated that he had met and
worked with Staff to satisfy the City's
requirements.
Mayor Haffey invited those wishing to
speak in opposition to step to the dais -
no one chose to speak and he closed the
Public Hearing.
M/S Teglia/Addiego - To approve Negative
Declaration No. 506.
6/12/85
Page 8
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT AND ADMINISTRATION
21. Staff Report - Continued.
22.
23.
Staff Report 6/12/85 recommending
adoption of a Resolution that
accepts a report to the Council and
proposed Redevelopment Plan which
consents to joint public hearings
with the Agency on the proposed
Redevelopment Plan and set the
time, date and place therefor
(7/10/85).
A RESOLUTION CONSENTING TO AND
CALLING A JOINT PUBLIC HEARING ON
THE REDEVELOPMENT PLAN FOR THE
SOUTH SAN FRANCISCO U.S. STEEL
PLANT SITE REDEVELOPMENT PROJECT
Staff Report 6/12/85 recommending:
1) Adoption of a Resolution of
Intention to amend the contract
with the Board of Administration of
the Public Employees' Retirement
System; 2) Motion to waive further
reading of the Ordinance; 3) Motion
to introduce an Ordinance
authorizing an amendment to the
contract between the City and the
Board of Administration of the
California Public Employees'
Retirement System.
A RESOLUTION OF INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE
CITY OF SOUTH SAN FRANCISCO
1st Reading/Introduction
AN ORDINANCE OF THE CITY COUNCIL OF
COMMUNITY DEVELOPMENT AND ADMINISTRATION
Carried by unanimous voice vote.
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Addiego - To introduce the
Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 117-85
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Nicolopulos/Teglia - To adopt the
Resolution.
RESOLUTION NO. 118-85
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Teglia - To introduce the
Ordinance.
Carried by unanimous voice vote.
""~ J 6/12/85
Page 9
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT AND ADMINISTRATION
23. Staff Report - Continued.
THE CITY OF SOUTH SAN FRANCISCO
AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES'
RETI REMEN T SYSTEM
24.
Staff Report 6/12/85 recommending
adoption of two Resolutions
authorizing the City to enter into
lease agreements wi th Warmington
Company for a strip of City owned
property adjacent to Warmington's -
continued from 5/8/85, 5/13/85 and
5/22/85.
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF LEASE NO. 1
BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE ROBERT P.
WARMINGTON COMPANY
A RESOLUTION AUTHORIZING APPROVAL
AND EXECUTION OF LEASE NO. 2
BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE ROBERT P.
WARMIN GTON COMPANY ~~
POLICE
25.
Staff Report 6/12/85 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
introduce the Ordinance designating
holidays for vehicle and traffic
enforcement. ~~
1st Reading/Introduction
ORDINANCE AMENDING SECTION 2.11
OF ORDINANCE NO. 491 AND SECTION
11.04.120 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH SAN FRANCISCO
DESIGNATING HOLIDAYS FOR VEHICLE
AND TRAFFIC ENFORCEMENT
TEC~ICAL AND MAINTENANCE SERVICES
26. Hearing - Show Cause Hearing
regarding violations of Chapters
14.04 and 14.08 of the South San
I
I
COMMUNITY DEVELOPMENT AND ADMINISTRATION
City Manager Birkelo stated that the
leases had been re-written with new rates
and that the OPA Agreement with Homart
would enter into negotiations for the
sale of the property.
M/S Nicolopulos/Addiego - To adopt the
Resolution for Lease 1.
RESOLUTION NO. 119-85
Carried by unanimous voice vote.
M/S Addiego/Nicolopulos - To adopt the
Resolution.
RESOLUTION NO. 120-85
Carried by unanimous voice vote.
POLICE
City Clerk Battaya read the title of the
Ordinance in its entirety and noted that
the title had been changed by the City
Attorney.
M/S Teglia/Nicolopulos - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To introduce the
Ordinance.
Carried by unanimous voice vote.
TEC~ICAL AND MAINTENANCE SERVICES
City Manager Birkelo requested that this
item be continued.
6/12/85
Page 10
AGENDA ACTION TAKEN
TECHNICAL AND MAINTENANCE SERVICES
26. Hearing - Continued.
Francisco Municipal Code occurring
at 1410 E1Camino Real South San
Francisco, California - continued
from 5/8/85, 5/13/85 and 5/22/85
meetings.
Staff Report 6/12/85 recommending:
1) Continue the Hearing and hear
testimony; 2) Close the Hearing; 3)
Motion for a Cease and Desist
Order.
27.
Public Hearing - To determine
whether or not the public health,
safety or welfare require the for-
mation of the Produce Avenue
Underground Utility District No. 2.
Staff Report 6/12/85 recommending:
testimony; 2) Close the Public
Hearing; 3) Motion to waive further
reading of the Ordinance; 2) Motion
to introduce the Ordinance.
1st Reading/Introduction
AN ORDINANCE ORDERING REMOVAL OF
OVERHEAD STRUCTURES, WIRES AND
FACILITIES AND INSTALLATION OF
UNDERGROUND WIRES AND FACILITIES IN
THE PRODUCE AVENUE UNDERGROUND
UTILITY DISTRICT NO. 2
ITEMS FROM STAFF
ITEMS FROM COUNCIL
28. Discussion of the Senior Home
Repair Program.
TECHNICAL AND MAINTENANCE SERVICES
Consensus of Council - To continue the
item.
City Clerk Battaya read the title of the
Ordinance in its entirety.
Mayor Haffey opened the Public Hearing
and invited those wishing to speak for or
against the item to step to the dais - no
one chose to speak and he closed the
Public Hearing. ~7~//~
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Addiego - To introduce the
Ordinance.
Carried by unanimous voice vote.
ITEMS FROM STAFF
No one chose to speak.
ITEMS FROM COUNCIL
Director of Recreation & Community
Services Norton stated that he had
researched this program in other cities
and found that Palo Alto had minor repair
services that utilized retired persons to
do minor repairs for seniors. He stated
that the fees for the work were based on
a sliding scale dependent on the income
of the seniors and was subsidized by the
City for low income seniors.
/12/85
age 11
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
28. Discussion of the Senior Home
Repair Program.
29.
Consideration of Council's support
of PG&E's position regarding reli-
censing of hydro-electric facili-
ties.
30.
Staff Report 6/12/85 on the City
Attorney's opinion of 5/15/85
regarding qualifications of can-
didates for election.
ITEMS FROM COUNCIL
He stated that the County did not have a
major regional organization coordinating
council to enter into a program for
senior home repairs.
Vice Mayor Teglia stated that a gentle-
men came and spoke to the Senior Advisory
Board who in turn wrote a letter to the
Council asking if there was the same
capability for this City. She stated
that Staff had investigated and had
agreed that there was a need for this
type of program in this City.
Discussion followed on the sensitivity of
the program due to the vulnerability of
the seniors; whether there was a need to
hire a part-time program director, etc.
Consensus of Council - That Staff is to
investigate and find a proposal for this
City.
Mr. Wigden, PG&E, gave an in-depth analy-
sis of PG&E's position on the relicensing
of hydro-electric facilities and the
pending legislation now pending in the
House of Representatives. He strongly
urged the Council to adopt a Resolution
in support of his Company's position.
Consensus of Council - Staff to draft a
Resolution in support of PG&E's position
on the relicensing of hydro-electric
facilities.
City Attorney Rogers spoke in depth on
terms of City Council members in so far
as they restrict Council members to two
consecutive elective terms: that the
restriction was ripe for challenge this
year and unlawful; that General Law
Cities fell under State and Government
Code qualifications for election; that
the Attorney General issued an opinion
that the State legislature fully occupies
and controls the method of elections and
terms of municipal offices; cited law
cases on preemption; constitutional
argument relating to the 14th Amendment
in the U. S. Constitution; that in his
opinion this particular provision for
6/12/85
Page 12
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
30. Staff Report - Continued.
ITEMS FROM COUNCIL
this City as a General Law City was
unlawful and should not be enforced and
it should be repealed.
Discussion followed: that the Ordinance
was passed in 1972 and amended in 1981 to
allow for the nineteen month extension
of terms; that the Attorney had
researched all Ordinances on the books
pertaining to elections and had had
repealed the Ordinance on political acti-
vities of employees to conform with State
Law; that the only way a limitation could
be put on Council members was by a
Statewide initiative or for a Charter
Committee to be set up and establish this
City as a Charter City, etc.
City Manager Birkelo stated that he had
received a phone call from Councilman
Damonte who stated that upon completion
of his second term he had no intention of
seeking a third term and in fact would
support some effort by the Council to
continue this policy in some form, if not
in an Ordinance.
Councilman Addiego suggested leaving the
Ordinance on the books to allow someone
to challenge it in the future which would
bring the issue to the forefront and open
up the debate again.
Mayor Haffey asked if there was a problem
of leaving it on the books.
City Attorney Rogers stated that the pru-
dent thing was for him to send a memo to
the City Clerk telling her that if
someone comes in and seeks nomination
papers for a third term she is not to
cite that Section and tell them they
can't do it because he did not think the
City could enforce it.
City Clerk Battaya expressed concern that
an Ordinance was on the books that stated
that no one will have three consecutive
terms and questioned how she could accept
nomination papers.
6/12/85
Page 13
ITEMS FROM COUNCIL
30. Staff Report - Continued.
ITEMS FROM COUNCIL
City Attorney Rogers that that the Clerk
would receive written instructions that
it is against the law for the City to
have that Ordinance and that it can not
be enforced. He stated that any official
who has reason to believe that what they
are doing is unlawful and may infringe on
someone's civil rights is personally
liable for a bad faith move in that
directions. He stated that the Clerk
would be in a difficult position but she
would have to not enforce that Section.
Councilman Addiego stated that this was
just the City Attorney's opinion, the
best that the Council had at this time,
but it may not be the only opinion out
there.
Discussion followed: whether this would
have to be determined in a court of law;
that if a two term member of the Council
walked into the City Clerk's Office and
asked for nomination papers the Attorney
was telling the Clerk to disregard the
Ordinance because it was unlawful; that
if the Clerk refused to issue nomination
papers that she may be opening herself up
to some kind of civil rights suit in
which the Councilmembers could also be
defendants to the action.
Councilman Nicolopulos stated that until
three things occurred the Attorney's opi-
nion was only that: a challenge occurs;
litigation takes place; and a final
determination is made by a Judge. He
stated that the voters had the right of
an initiative or referendum.
Discussion followed: that the City of
San Bruno voters had passed an initiative
that placed a two term limitation on
Councilpeople; that if the Clerk refused
to issue nomination papers that the can-
didate could go into court and request an
preliminary injunction be issued ordering
the Clerk to issue the papers; bad faith
this and good faith this in civil rights
actions; violating an individual's civil
rights; damages that could include
exemplary damages, against i~d~vidual
people wno wou/a De suea no~ in their
6/14/85
Page 14
ITEMS FROM COUNCIL
30. Staff Report - Continued.
CLOSED SESSION
For the purpose of the discussion
of personnel matters, labor rela-
tions, litigation.
RECALL TO ORDER:
ITEMS FROM COUNCIL
31.
Consideration of Executive
Management pay plan.
A RESOLUTION AMENDING THE CITY
OF SOUTH SAN FRANCISCO EXECU-
TIVE MANAGEMENT COMPENSATION
PROGRAM AND SETTING SALARIES FOR
MEMBERS OF THE EXECUTIVE MANAGE-
MENT IN ACCORDANCE WITH THE
PROVISIONS OF SAID COMPENSATION
PROGRAM
ITEMS FROM COUNCIL
official capacity but as individuals;
that a voter could bring an action
because they were not being allowed to
vote for the candidate of their choice;
that if an individual Councilperson does
not act in concert to perpetrate this
type of violation of rights, then that
individual would be less likely to be
named as an individual defendant but
would still probably be named in their
official capacity, etc.
Vice Mayor Teglia stated that two years
hence, not knowing whether she would run
for a third term, she guaranteed that she
would walk into the Clerk's Office and
take out papers. She continued, either
the Clerk will either accept my papers or
she won't accept them and her next stop
would be an attorney's office and a
challenge.
CLOSED SESSION
Council adjourned to a Closed Session at
9:40 p.m. to discuss the items noticed.
Mayor Haffey recalled the meeting to
order at 10:29 p.m., all Council present,
no action taken.
ITEMS FROM COUNCIL
Council did not discuss this item.
Vice Mayor Teglia requested that the
matter of the two term limitation be
placed back on the next agenda so she
could express a vote at that time.
6/14/85
Page 15
^CTZO, 363
ADJOURNMENT
RESPECTFULLY SUBMITTED:
Barbara A. Battaya,
City of South San Francisco
M/S Teglia/Nicolopulos - To adjourn the
meeting to Wednesday, 6/19/85, at 5:30
p.m. at City Hall for the discussion of
the fiscal budget.
Carried by unanimous voice vote.
Time of adjournment 10:30 p.m.
APPROVED:
Ri ~ha ~'~~A. F ~f~ey~, ~~
Ci y of South San Fra~J~o
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral communications, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the Office of the City Clerk and are
available for inspection, review and copying.
6/12/85
Page 16