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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 She stated that her daughter had withdrawn her appeal to the City Council on the matter because she did not want to spent another $300.00.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