HomeMy WebLinkAboutMinutes 1985-09-11Mayor Richard A. Halley
Vice Mayor Roberta Cerri Teglia
Counci 1:
Mark N. Addiego
Emanuele N. Damonte
Gus Nicolopulos
A G E N D A
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
INVOCATION:
AGENDA REVIEW
City Manager Birkelo requested:
- Add Item 13a. Claim against the
City by Michael Friedman, Esq.
on behalf of James Blackwell and
family.
Mayor Haffey stated that the Clerk had
requested:
- Change Item 21 to read 9/18/85
rather than 10/18/85 for adjourn-
ment due to an error in the Agenda.
ORAL COMMUNICATIONS
MINUTES
City Council
Municipal Services Building
Community Room
September 11, 1985
ACTION TAKEN
7:37 p.m. Mayor Haffey presiding.
Council present:
Council absent:
Nicolopulos, Addiego,
Teglia, Damonte and
Haffey.
None.
The pledge of allegiance was recited.
Reverend Kendall, Aldersgate United
Methodist Church, gave the invocation.
AGENDA REVIEW
So ordered.
So ordered.
ORAL COMMUNICATIONS
Mrs. Doris Agee, 819 Ridge Court, spoke
of homeowners groups having problems with
the towing of cars and general enfor-
cement of parking regulations. She
stated that she had learned from the
Police Department that an Ordinance would
be forthcoming to Council to allow pri-
vate towing with assistance from the
Police and she wanted to make sure that
the homeowners groups were notified when
the Ordinance came before Council.
Councilman Damonte stated that in the
future he would like to have an explana-
ti on of private towing.
9/11/85
Page I
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Regular Meeting
of 8/14/85; Adjourned Regular
Meeting of 8/21/85 and the
Regular Meeting of 8/28/85.
ORAL COMMUNICATIONS
Mr. Larry Smith, 670 Commercial, stated
that in the past few weeks he had been
actively campaigning for City Council and
going from door to door in the various
neighborhoods to become familiar with the
people's concerns. He cited the
following neighborhood concerns: Pecks
Lots - speeding on Randolph; trash at the
top of the hill on the south side of the
peak cleaned up; existing barriors were
not prohibiting people from dumping
trash; abandoned autos above Randolph
should be removed; parking for the new
Magnolia Center; small businessmen feel
that the sign restrictions were too
severe; Cuesta Drive - problems with
trash, old cars, motorcycles and rats on
the utilities easement; Samtrans deter-
mining that there was not enough
ridership in Pecks Lots, when more ser-
vice was needed on Randolph; many people
would like the City to reacquire the Rod
& Gun Club site so that it would come
back under the City's jurisdiction.
COMMUNITY FORUM
Mayor Haffey noted the changes in admi-
nistration within the Chamber of Commerce
and offered assistance from the Council.
Mike Valencia, Esq., Chamber of Commerce,
stated that the a member of the Chamber
would attend all meetings for a greater
familiarity of City matters.
He stated that the dedication of the new
mural would be held on 9/20/85 on the 200
block of Grand Avenue at noon and invited
people to attend the function.
CONSENT CALENDAR
Approved.
9/11/85
Page 2
AGENDA ACTION TAKEN
CONSENT CALENDAR
®
Staff Report 9/11/85 recommending
adoption of a Resolution author-
izing the Purchasing Officer to
advertise for the purchase of one
(1) Street Flusher/Water Wagon.
A RESOLUTION APPROVING SPECI-
FICATIONS, AUTHORIZING THE PURCHASE
OF SUPPLIES, EQUIPMENT OR SERVICES
AND CALLING BIDS FOR ONE (1) STREET
FLUSHER/WATER WAGON
®
Staff Report 9/11/85 recommending
adoption of a Resolution
designating the intersection of
Maywood Way and Northwood Drive as
an intersection at which vehicles
are required to stop.
A RESOLUTION AMENDING RESOLUTION
NO. 3812, AS AMENDED, WHICH ESTA-
BLISHES CERTAIN TRAFFIC REGULATIONS
IN ACCORDANCE WITH CHAPTER 11.28 OF
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE (MAYWOOD WAY AND NORTHWOOD
DRIVE)
®
Staff Report 9/11/85 recommending
adoption of a Resolution
designating the intersection of
Briarwood Drive/Hazelwood Drive/
Northwood Drive as an inter-
section at which vehicles are
required to stop before entering.
A RESOLUTION AMENDING RESOLUTION
NO. 3812, AS AMENDED, WHICH ESTA-
BLISHES CERTAIN TRAFFIC REGULATIONS
IN ACCORDANCE WITH CHAPTER 11.28 OF
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE (BRIARWOODDRIVE/HAZELWOOD
DRIVE/NORTHWOOD DRIVE)
0
Staff Report 9/11/85 recommending
adoption of a Resolution author-
izing execution of an agreement for
construction of off-site public
improvements with Crop-Spieker-
Singleton, for the construction of
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Mayor Haffey.
RESOLUTION NO. 191-85
RESOLUTION NO. 192-85
9/11/85
Page 3
AGENDA ACTION TAKEN
CONSENT CALENDAR
5. Staff Report - Continued.
storm drains and sanitary sewers at
800-890 Dubuque Avenue - continued
from 8/28/85.
A RESOLUTION APPROVING AND AUTHOR-
IZING EXECUTION OF A DEVELOPMENT
AGREEMENT FOR THE DUBUQUE AVENUE
PROJECT
Ge
Staff Report 9/11/85 recommending
adoption of a Resolution of award
of contract for the Basin 9'Sewer
Replacement Project, Project No.
SS-83-2 to the lowest responsible
bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE BASIN 9 SEWER REPLACEMENT
PROJECT, PROJECT NO. SS-83-2
Staff Report 9/11/85 recommending
adoption of a Resolution of award
of contract for the Magnolia Creek
Storm Drain Improvements, Project
No. SD-85-1 to the lowest respon-
sible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE MAGNOLIA CREEK STORM DRAIN
IMPROVEMENTS, PROJECT NO. SD-85-1
®
Staff Report 9/11/85 recommending
by Motion to authorize the
Purchasing Officer to request bids
for the purchase of three flow
metering equipment for SSF-SB Water
Quality Control Plant, Project No.
WTP-85-1.
®
Staff Report 9/11/85 recommending
adoption of a Resolution which
authorizes execution of an indem-
nity and hold harmless agreement
and release, in favor of the City
of San Mateo for an 82 hour motor-
cycle training course for peace
CONSENT CALENDAR
RESOLUTION NO. 193-85
RESOLUTION NO. 194-85
RESOLUTION NO. 195-85
Removed from the Consent Calendar for
discussion by Councilman Nicolopulos.
Removed from the Consent Calendar for
discussion by Vice Mayor Teglia.
5/o5
9/11/85
Page 4
AGENDA
CONSENT CALENDAR
9. Staff Report - Continued.
officers - continued from 8/28/85.
A RESOLUTION AUTHORIZING EXECUTION
OF INDEMNITY AND HOLD HARMLESS
AGREEMENT AND RELEASE, IN FAVOR OF
CITY OF SAN MATEO
10.
Staff Report 9/11/85 recommending
adoption of a Resolution approving
the application for funds under the
California Senior Center Bond Act
of 1984 for Magnolia Center
A RESOLUTION APPROVING THE
APPLICATION FOR FUNDS UNDER THE
CALIFORNIA SENIOR CENTER BOND ACT
OF 1984 FOR THE MAGNOLIA CENTER
11.
Staff Report 9/11/85 recommending
adoption of a Resolution author-
izing application for grant funds
under the California Park and
Recreation Facilities Act of 1984
for Magnolia Center.
A RESOLUTION APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER
THE CALIFORNIA PARK AND RECREATION
FACILITIES ACT OF 1984 FOR MAGNOLIA
CENTER
12.
Staff Report 9/11/85 recommending
adoption of a Resolution supporting
a senior day care program in the
City of South San Francisco.
A RESOLUTION SUPPORTING A SENIOR
DAY CARE PROGRAM IN THE CITY OF
SOUTH SAN FRANCISCO
13.
Staff Report 9/11/85 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling for bids
for the Orange Pool Resurfacing
Project.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING FOR BIDS FOR THE
ORANGE POOL RESURFACING PROJECT
ACTION TAKEN
CONSENT CALENDAR
Removed from the Consent Calendar for
discussion by Councilman Addiego.
Removed from the Consent Calendar for
discussion by Mayor Haffey.
Removed from the Consent Calendar for
discussion by Vice Mayor Teglia.
RESOLUTION NO. 196-85
9/11/85
Page 5
AGENDA
ACTION TAKEN
CONSENT CALENDAR
13a. Staff Report 9/11/85 recommending
by Motion to deny and refer the
following claim to the City's
Insurance Adjuster and the Office
of the City Attorney: Claim as
filed by Michael Friedman, Esq. on
behalf of James Bl ackwell, and as
guardians on behalf of their mi nor
children, Janee Blackwell and
Joy Blackwell alleging unlawful
assault, false arrest and impris-
onment as the result of an
incident involving members of the
Pol ice Department.
Staff Report 9/11/85 recommending
adoption of a Resolution author-
izing the Purchasing Officer to
advertise for the purchase of one
(1) Street Flusher/Water Wagon.
A RESOLUTION APPROVING SPECI-
FICATIONS, AUTHORIZING THE PURCHASE
OF SUPPLIES, EQUIPMENT OR SERVICES
AND CALLING BIDS FOR ONE (1) STREET
FLUSHER/WATER WAGON
Staff Report 9/11/85 recommending
by Motion to authorize the
Purchasing Officer to request bids
for the purchase of three flow
metering equipment for SSF-SB Water
Quality Control Plant, Project No.
CONSENT CALENDAR
So ordered.
M/S Damonte/Teglia - To approve the
Consent Calendar with the exception of
Items No. 2, 8, 9, 10, 11 and 12.
Carried by unanimous voice vote.
Mayor Haffey questioned the status of the
account after the expenditure of $68,000.
Director of Community Services &
Recreation Norton stated that on 7/1/85
the fund had a balance of $60,000-70,000
and that the balance would be
$10,000-11,000 on 6/30/86 after vehicles
were purchased.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 197-85
Carried by unanimous voice vote.
Councilman Nicolopolus questioned whether
the City had purchased this equipment in
the past.
Deputy City Manager/City Engineer Yee
stated the other purchased equipment had
been for Shaw Road.
M/S Teglia/Addiego - To authorize bids
for the purchase of three flow metering
equipment.
Carried by unanimous voice vote.
9/11/85
Page 6
AGENDA ACTION TAKEN
®
10.
11.
12.
Staff Report 9/11/85 recommending
adoption of a Resolution which
authorizes execution of an indem-
nity and hold harmless agreement
and release, in favor of the City
of San Mateo for an 82 hour motor-
cycle training course for peace
officers - continued from 8/28/85.
A RESOLUTION AUTHORIZING EXECUTION
OF INDEMNITY AND HOLD HARMLESS
AGREEMENT AND RELEASE, IN FAVOR OF
CITY OF SAN MATEO
Staff Report 9/11/85 recommending
adoption of a Resolution approving
the application for funds under the
California Senior Center Bond Act
of 1984 for Magnolia Center y~'K
A RESOLUTION APPROVING THE
APPLICATION FOR FUNDS UNDER THE
CALIFORNIA SENIOR CENTER BOND ACT
OF 1984 FOR THE MAGNOLIA CENTER
Staff Report 9/11/85 recommending
adoption of a Resolution author-
izing application for grant funds
under the California Park and
Recreation Facilities Act of 1984
for Magnolia Center. ~)~)
A RESOLUTION APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER
THE CALIFORNIA PARK AND RECREATION
FACILITIES ACT OF 1984 FOR MAGNOLIA
CENTER
Staff Report 9/11/85 recommending
adoption of a Resolution supporting
a senior day care program in the ~_~
City of South San Francisco.
A RESOLUTION SUPPORTING A SENIOR
Vice Mayor Teglia questioned whether the
hold harmless agreement was reciprocal
when the training was done in this City.
Police Chief Datzman stated that it was.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 198-85
Carried by unanimous voice vote.
Councilman Addiego requested an update on
Items No. 10 and 11.
Director of Community Services &
Recreation Norton explained the grant
funds and the competitive process for
selection among cities.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 199-85
Carried by unanimous voice vote.
Mayor Haffey questioned if this item had
been brought before the Park & Recreation
Commission.
Director of Community Services &
Recreation Norton stated that the
Commission had approved the application
last year, however the application had
been pulled because it was immature.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 200-85
Carried by unanimous voice vote.
Vice Mayor Teglia requested this item be
explained for the edification of the
audience.
Director of Community Services &
Recreation Norton stated that the
9/11/85
Page 7
AGENDA
ACTION TAKEN
12.
Staff Report - Continued.
DAY CARE PROGRAM IN THE CITY OF
SOUTH SAN FRANCISCO
APPROVAL OF BILLS
14.
Approval of the Regular Bills of_
RECESS:
RECALL TO ORDER:
CITY CLERK
15.
Staff Report 9/11/85: 1)
Certifying the sufficiency of the
Referendum Against a Resolution
passed by the City Council
approving and authorizing execution
of an Amendment to the San Bruno
Mountain Area Habitat Conservation
Plan to Permit Site-Specific
Geotechnical Repairs; 2) Memo from
the City Attorney stating his opi-
nion on the Referendum; 3)
Supplemental Staff Report from the
City Manager outlining the proce-
dural options for the City Council.
A RESOLUTION CALLING FOR A SPECIAL
ELECTION ON A REFERENDUM AGAINST_
(Cassette No. 2)~/~~<' vL~
Resolution expressed support of the
funding for senior day care center at E1
Rancho by the Guy F. Atchinson Company
and the Area Agency on Aging.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 201-85
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Damonte/Teglia - To approve the regu-
lar bills of 9/11/85 in the amount of
$1,141,463.74.
Carried by unanimous voice vote.
Councilman Addiego did not participate or
vote in the matter of the claim of
Brentwood Market.
Mayor Haffey declared a recess at 8:00
p.m.
Mayor Haffey recalled the meeting to
order at 8:05 p.m., all Council present.
CITY CLERK
City Clerk Battaya handed the Council a
letter from Adams, Broadwell & Russell,
Attys., dated 9/9/85, that she had
received in her office on 9/10/85. She
stated that the Certificate of
Sufficiency for the Referendum had 2,932
valid signatures which was greater than
the 10% required for a referendum.
City Manager Birkelo stated that his
memo to the Council was supplemental in
that it referred to the procedures based
on the City Attorney's report and that he
had indicated the Staff recommendation
and procedures of action if they were
accepted. He stated that the staff
report under discussion pointed out that
the Council was required to take action
of this matter tonight as presented by
the City Clerk and if this Body did not
adopt the staff recommendation then you
have to adopt one of two resolutions:
9/11/85
Page 8
AGENDA
ACTION TAKEN
CITY CLERK
15. Staff Report - Continued.
CITY CLERK
either rescinding the prior resolution
approving the HCP Amendment or calling
for an election.
He stated that the staff recommendation
was to approve the City Attorney's recom-
mendation to take no action on the peti-
tion because it challenges an
administrative rather than a legislative
act.
City Attorney Rogers stated that his ana-
lysis of the matter essentially was that
the referendum petition had been
inappropriately brought to Council under
the law because in California for an act
to be subject to the referendum process
it must be a legislative act and that his
analysis of Council's act in approving
the Amendment to the HCP; and the
Agreement; and authorizing application
to the Amendment to the Section iOA
Permit under the Endangered Species Act
was that it was an administrative act.
He stated that in brief, for an act to be
legislative in nature it should prescribe
a new policy or plan, that it was an act
that sets the direction the City is going
to take on a policy level. He continued,
an act that is administrative in nature
pursues or implements that plan; and
could amend that plan as long as it was
moving in the same general policy direc-
tion which was originally enacted.
He spoke at great length citing cases
that talk about the definition of an
administrative act vs. a legislative act:
Lincoln Property Co. vs. Law; Fishman vs.
City of Palo Alto; Friends of Mount
Diablo vs. County of Contra Costa, etc.
He presented the following conclusions:
adoption of the Terrabay Specific Plan
was a legislative act; adoption of the
prezoning of South Slope of San Bruno
Mountain as the Terrabay Specific Plan
Zone District was a legislative act;
adoption of the amendment to that act,
9/11/85
Page 9
AGENDA ACTION TAKEN
CITY CLERK
15. Staff Report - Continued.
CITY CLERK
etc. He stated that the Federal law had
set forth the policy for dealing with
these kinds of issues and the Council was
acting under that law and was the admi-
nistrative agent of a superior power that
had set forth the policy of how to deal
with the endangered species to be
affected by potential development, etc.
He stated that when the Council adopted
the resolution on 11/15/82 authorizing
application for a Section iOA Permit to
allow development in an area where
endangered species had been located and
in his view that was clearly an admi-
nistrative act. He stated that the
Council act on 7/10/85 was clearly an
administrative act.
He stated that the HCP Agreement itself
provides for amendments to it if those
amendments are supported by a biological
study demonstrating that the amendment
does not conflict with the primary pur-
pose of the HCP to provide for the inde-
finite long term perpetuation of the
Mission Blue, Callippe Silverspot and
other species of concern.
He stated that he would like to speak to
the letter received from Ann Broadwell,
Esq., received this evening. He stated
that he agreed with her comment that the
City Clerk did not have the authority to
carry forward - no argument. He con-
tinued, that he did not agree with the
footnote concerning Elections Code 4055
because it made reference to an
ordinance wherein there is the 30 day
delay in the adoption of the ordinance to
give people a chance to prevent a
referendum petition and the ordinance
would not be effected.
He spoke of someone bringing in an ille-
gal referendum petition to the City
Council which was in error and the
Council did not have to take action upon
the petition as it was illegal.
9/11/85
Page 10
AGENDA
CITY CLERK
15. Staff Report - Continued.
ACTION TAKEN
CITY CLERK
He rebutted the following: the third
paragraph on page 3 having incorrect
mathematics; did not agree with the
Attorney's analysis that the amendment
was significant; etc.
Assistant City Attorney Kasper stated
that he agreed that the City Clerk had
administrative duties; that none of the
cases cited by Broadwell, Esq. stand for
the proposition that this Council had to
deny the petition or place it on the
ballot which normally would apply to ini-
tiatives rather than referendums; that
this was an administrative act rather
than a legislative act.
Mayor Haffey stated that even though this
item was not a public hearing there were
a number of speaker cards and asked if
the Council had questions on the presen-
tation by staff.
Vice Mayor Teglia stated that the
underlying question was whether or not
there should be any development on the
South Slope of San Bruno Mountain. She
stated that if the majority of the people
wanted to stop the activity on the deve-
lopment then perhaps ten or twelve
millions should be found to place the
slope in public ownership. She stated
that she believed that the Council had
acted responsibly at each step of the
process and that without new evidence,
without reconsidering matters that were
extensively before a number of bodies.
She continued: she could not support
rescinding the previous actions; that the
Council served the people; that the
matter should be put before the people;
that the matter of legislative and admi-
nistrative acts belonged in a court of
law; that she supported the development
that resulted from the process; that the
mountain had been saved for the enjoyment
of the children and their children
through limited development; that the
Council should not feel threatened by
9/11/85
Page 11
AGENDA ACTION TAKEN
CITY CLERK
15. Staff Report - Continued.
CITY CLERK
placing this on the ballot and make
necessary motions to reaffirm past
actions on the habitat, etc.
Councilman Addiego stated that in the
course of gathering signatures for the
referendum that there were a lot of
people that expressed a desire for no
development, however that was not the
issue. He stated that he did not want
the Vice Mayor to back the Council into a
corner of growth or no growth. He stated
that the public had no problem with the
original amendment, but the grading of
the upper slopes of the mountain was
unacceptable to the citizens.
Mayor Haffey stated that there was some
confusion as to the issue - it was not
whether the Council was voting on the
project of which he was 100% for the
development, but the issue was the right
of the people to vote on the issue. He
questioned whether the people signing the
referendum had been informed about the
legal issue of the petition before
signing.
City Attorney Rogers stated that the
issue had been written about in the
papers many times and felt that it should
not be a surprise as to the legal issue.
Mayor Haffey questioned what the implica-
tions were if the Council did not move
ahead on the item.
City Attorney Rogers surmised that there
would be litigation, a writ filed, by the
petition circulators.
Councilman Damonte commented that
Councilman Addiego had consistently made
his stand on the matter perfectly clear
throughout the proceedings. He stated
that the Mayor and Vice Mayor had stated
they agreed with the construction and
that it was going in the right direction;
then they state that people should voice
their opinion and have a right to a vote
9/11/85
Page 12
AGENDA
CITY CLERK
15. Staff Report - Continued.
ACTION TAKEN
CITY CLERK
on the matter. He stated that now the
implication was that three Councilpeople
wanted the people to vote on the issue
and he understood that there was indica-
tion that there was majority for the
development that wanted to see it
proceed. He continued, and we want the
people to vote, but the Attorney says it
is an illegal act - yet the three were
saying they were going to allow the
people to vote. He stated that he did
not see a need to have people speak on
the matter when it was apparent that
three members were going to vote for the
matter to go to a public vote and why
waste everyone's time.
Tom Adams, Esq., 400 South E1 Camino
Real, Suite 580, San Mateo, stated that
he strongly disagreed with the opinions
expressed to the effect that this was not
a proper matter for referendum and pro-
ceeded to refute the Attorney's prior
testimony: that it was a close reading
for the Developer's own Attorneys; who
was to decide whether it was a legal or
an administrative act - the Courts or the
City Council; that he did not agree that
it was not a referendum item; that the
adoption of the HCP constituted a legisla-
tive act which set forth policy; when a
legislative act was amended it took
another legislative act to effect it;
that the Courts had established a clear
line for making the determination on
legislative matters; that case law had
held resolutions to be referendumable;
that the Council should call a special
election for the referendum; that a
referendum could not be impeded; that it
was for the Courts to decide a legal
issue rather than the City Council.
Mr. James King requested the Council put
the referendum on the ballot and follow
the democratic process to vote. He
stated that while gather signatures for
the referendum many people stated that
they did not want to see the mountain
scarred or benched. He stated that Vice
9/11/85
Page 13
AGENDA ACTION TAKEN
CITY CLERK
15. Staff Report - Continued.
CITY CLERK
Mayor Teglia requested great evidence
that the people wanted a vote and that
over 3,000 signatures gathered were her
proof that the people wanted to vote on
this issue.
Ms. Quimby Smith, Committee To Save San
Bruno Mountain, stated that the
Committee's concern was for the current
proposal to bench halfway up the mountain
and was not in opposition of the develop-
ment. She stated that benching was not
the solution to the slope instability
which put people's homes underneath
landslides and that was why there was
support from the Committee to put the
referendum to a vote of the people. She
stated that the Committee wanted an
attractive and safe development and
reiterated Mr. King's concerns.
Ms. Eloesser, 2121 Lyons St., San
Francisco, rebutted the City Attorney on
housing and the conservation plan being a
new policy which would fit with legisla-
tive action by the Council. She
suggested putting a small tax on the
citizens to raise money for parks rather
than development to provide the funds for
preservation of the butterflies. She
stated that this was not a local issue
but a national issue of endangered
species.
She stated that the people should be
allowed to vote to save the butterflies
and that San Bruno Mountain should be
kept natural without scars or benching.
Mr. David Schooley, Committee to Save San
Bruno Mountain, stated that he and the
committee had been working for fifteen
years to preserve the mountain for future
generations to enjoy and watch nature as
it unfolds. He stated that this was a
crucial moment and that that was why so
many people had signed the referendum.
9/11/85
Page 14
CITY CLERK
15.
AGENDA
Staff Report - Continued.
ACTION TAKEN
CITY CLERK
Mr. Douglas Butler, 133 Adrian Ave.,
stated that he was surprised that the
recommendation before Council tonight was
for no action. He felt that that make a
mockery of the referendum process which
had been instituted to protect the citi-
zenry and give them a voice. He stated
that instead the question was being asked
for a legal opinion. He spoke of the
valid signatures on the petition that
asked for the Council to rescind its
action.
He stated that for the Council to ignore
the document was the height of stupidity
because of the recommendation that it was
an administrative act rather than a
legislative act - which was something
that would be decided in a court of law.
Mr. Charles Garry, 482 Wellington, Daly
City, stated that he felt that the moun-
tain should be kept in its natural state
and was opposed to all building, benching
and the resultant slides. He urged the
Council to call a Special Election for
the people to vote on this issue.
Mr. Charles Bonny, 633 Post St., San
Francisco, reiterated the validity of the
referendum and the people's right to vote
on the mountain.
Ms. Shirley Drye, 1232 Crespi Dr.,
Pacifica, stated that she was an
archiologist and amateur botanist. She
stated that she was very involved in the
open space task force.
She stated that she felt it would be
political suicide for the Council to
ignore the signatures that had been
collected for the voice of the people was
never illegal.
She spoke of the various indian burial
sites that would be destroyed by
construction and urged the Council to
preserve the natural history of the moun-
tain.
9/11/85
Page 15
AGENDA ACTION TAKEN
CITY CLERK
15. Staff Report - Continued.
CITY CLERK
Howard Ehlman, Esq., Visitation
Associates, stated that the legal
question was not a burden for the Council
to resolve. He stated that the Council
was being asked to undertake a special
election and incur the expenses of that
election and the disruption created on an
issue through spending $20,000-25,000
against a void act. He stated that if
the proponents believed in this they
should go to Superior Court and resolve
the issue of an administrative vs. a
legislative act. He stated that he felt
that the City Attorney would win the case
after the election or before and urged
Attorney Adams to take Court action.
William Sterling, Esq., W. W. Dean &
Associates, stated that he had heard
about the 3,000+ people who had signed
the referendum, however he had not heard
about the rest of the people in South San
Francisco who would have to pay for the
Special Election. He also urged Attorney
Adams to have the Court determine whether
this was a legal referendum before an
election was called.
He questioned the legality of inter-
ferring with the Federal Endangered
Species Act and further urged the
Attorney to put the matter before a Court
of Law after the Council determine that
it was not a legislative act.
Councilman Addiego stated that the
burden could be put on the people or the
Developer to take the matter to Court and
force a legal determination.
M/S Teglia/Addiego - To adopt a
Resolution by title only to call for a
special election on Tuesday, 12/10/85.
Councilman Nicolopulos stated that he
felt that the Attorneys opinion had been
corroborated with case law and substan-
tially similar and believed that the
Council's act had been administrative
9/11/85
Page 16
AGENDA
CITY CLERK
15. Staff Report - Continued.
ACTION TAKEN
CITY CLERK
until proved to be a legislative act by a
court of law.
He spoke of the 1981 election; the ameni-
ties to the City from the project; storm
drains to correct slides; improving
public transportation; that the City will
have a voice on the project; that the
Council wanted to see a project that was
viable and workable; that an election
could subject the City to a costly
lawsuit by the Developer; that it was
more cost effect for the attorneys to go
to court for a determination; that he
would not be a party to a decision to
cost this City any more money
unnecessarily.
M/S Nicolopulos/Damonte - To take no
action on the referendum.
Councilman Addiego stated that he was the
one Councilperson who is in the minority
on this issue and who actively supported
the referendum and felt the people should
decide the issue at an election.
He stated that the attorneys on both
sides of the issue expounded on case law
in defense of their positions and were
very persuasive. He stated that he too
had a position but did not feel that that
was what was at hand. He stated that the
fine point had to do with whether or not
the Council will force the people into
court to protect their rights or for the
Developer to enter Court to protect his
rights. He stated that he wanted to
caution the Council to be wise and protect
the rights of the people if they believed
in the process.
He stated that he wanted to appeal to Mr.
Dean to go into court and have the issue
decided by a Judge before the election
was under way and costs were incurred.
Councilman Damonte stated that most of
the arguments he had heard tonight were
not on the subject - they dealt with no
9/11/85
Page 17
AGENDA ACTION TAKEN
CITY CLERK
15. Staff Report - Continued.
RECESS:
RECALL TO ORDER:
COMMUNITY DEVELOPMENT & ADMINISTRATION
16. Public Hearing - Consideration of
the extension of Interim Ordinance
CITY CLERK
construction rather than the Amendment.
He stated that he appreciated Mr.
Schooley's sensitivity and dedication to
the endangered species and the animals of
the mountain. He stated that he believed
that construction on the mountain would
allow people to live there that wanted to
live in this City.
He stated that until the Court ruled that
this was a legislative act, he must
follow the recommendation of the City
Attorney.
Mayor Haffey stated that as the newest
member of the Council that he done a lot
of research on the mountain and was 100%
for development. He stated that tonight
the issue was not the development but the
democratic process which should be
listened to whether it was legal or not.
He called for a roll call vote on the
Motion and Second to take no action on
the referendum.
Addiego, Teglia and Haffey voted no;
Nicolopulos and Damonte voted yes -
Motion failed.
Mayor Haffey called for a vote on the
Motion and Second to adopt a Resolution
calling for a Special Election on
12/10/85.
RESOLUTION NO. 202-85
Carried by majority roll call vote,
Nicolopulos and Damonte voted no.
Mayor Haffey declared a recess at 9:30
p.mo
Mayor Haffey recalled the meeting to
order at 9:52 p.m., all Council present.
COMMUNITY DEVELOPMENT & ADMI-NI. STRATt. ON
City Clerk Battaya read the title of the
Ordinance in its entirety.
9/11/85
Page 18
AGENDA
ACTION
TAKEN
" COMMUNITY DEVELOPMENT & ADMINISTRATION
16. Public Hearing - Continued.
962 which prohibits uses which may
conflict with zoning proposals
related to General Plan Amendments.
Staff Report 9/11/85 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to waive further
reading of the Ordinance; 4) Motion
to adopt the Ordinance extending
Ordinance No. 962 as an Urgency~
Ordinance to take effect immed-
iately.
1st Reading/Adoption
AN ORDINANCE EXTENDING ORDINANCE
NO. 962 ENTITLED "AN INTERIM
ORDINANCE PROHIBITING USES WHICH
MAY CONFLICT WITH ZONING PROPOSALS
RELATED TO GENERAL PLAN AMENDMENTS"
AS EXTENDED BY ORDINANCE NO. 968
ITEMS FROM STAFF
17.
Participation in Arts and Wi ne
Festival and Christmas Decoration
funding from the Downtown Merchants
Association.
COMMUNITY DEVELOPMENT & ADMINISTRATION
Director of Planning Smith stated that
adoption of this Urgency Ordinance that
extended Ordinance No. 962 would allow
time for the new zoning ordinance to be
written.
Mayor Haffey opened the Public Hearing
and invited those wishing to speak for or
against the Ordinance to step to the dais
- no one chose to speak and he closed the
Public Hearing.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Addiego - To adopt the
Ordinance as an Urgency Ordinance to take
effect immediately.
ORDINANCE NO. 992-85
Carried by unanimous voice vote.
ITEMS FROM STAFF
City Manager Birkelo stated that a prece-
dent could be set by the City contri-
buting after the fact to the Arts and
Wine festival, which had been very suc-
cessful for the community.
Discussion followed: provide electrical
and to store Christmas decorations; that
this should also be available to areas of
the City; City picking up the Police
costs this year and maybe a joint spon-
sorship next year; if City was to invest
it should take part in the planning and
receive a financial statement.
M/S Damonte/Teglia - To pay $1,456.00 of
the Police costs and 50% of the Christmas
decoration refurbishing.
Carried by unanimous voice vote.
M/S Teglia/Nicolopulos - To pickup half
of the Christmas refurbishing costs -
$2,550.
9/11/85
Page 19
AGENDA ACTION TAKEN
' ITEMS FROM STAFF
17. Participation - Continued.
18.
Discussion of Youth Advisory Board.
19.
Consideration of Memorandum of
Understandings for Units #3 and #9.
}TEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
20.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
RECALL TO ORDER:
Request to adjourn the meeting to
Wednesday, 9/18/85, at 7:30 p.m.
at City Hall for a joint meeting
with the Personnel Board to discuss
items of mutual concern.
ADJOURNMENT
RESPECTFULLY SUBMITTED,
rbara A. Battaya, City C2~rk
City of South San Francisco
ITEMS FROM STAFF
Carried by majority volice vote, Damonte
voted no.
Director of Recreation & Community
Relations Norton presented a memo to the
Council for their consideration and
stated that the item would be agendized
for a future meeting.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 203-85
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
No one chose to speak.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at
10:50 p.m., to discuss property acquisi-
tion and litigation.
Mayor Halley recalled the meeting to
order at 11:30 p.m., all Council present,
no action taken.
M/S Teglia/Damonte - To adjourn the
meeting to Wednesday, 9/18/85, at 7:30
p.m. at City Hall.
Carried by unanimous voice vote.
Time of adjournment 9:51 p.m.
Ric f
City of South San ~,-a/sr~'sco
- 11/85
Page 20
AGENDA
ACTION TAKEN
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.
9/11/85
Page 21
CITY OF SOUTH SAN FRANCISCO
INTER-OFFICE MEMORANDUM
D=te Becember 17, 1985
TO:
SUBJECT:
FROM:
CITY CLERK
CHANGES TO THE SEPTEMBER 18, 1985 MEETING BETWEEN
THE CITY COUNCIL AND THE PERSONNEL BOARD.
PERSONNEL BOARD
COP~S TO:
Please be advised that the following are changes to
be made as part of the permanent record for the
minutes of the September 18, 1985 meeting between
the City Council and the Personnel Board.
1. Page 2, 3rd paragraph: The end of this
paragraph should read, "He stated that the
he was happy with the new positions in
Personnel who were good, new and they would
do a.good job."
2. Page 4, 5th paragraph: The begining of this
paragraph should read, "Boardmember Zertuche..."
3. Page 5, 5th paragraph: The beginning of this
paragraph should read, Boardmember Zertuche
commented on..."
4. Page 6, 3rd paragraph: The beginning of this
paragraph should read, "Boardmember Zertuche
spoke of..."
Sincerely,
Oscar Galeno .....
Chairman of the Board
Ki~ty HC~bert
Pdrsonne! Board Member
rk
~ersonnel Board Member
' ~lrsoZ~e~C~ard Member
AS/SS 205 (8~84) 5M