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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