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HomeMy WebLinkAboutMinutes 1987-03-11Mayor Mark N. Addiego Vice Mayor John "Jack" Drago Council: Richard A. Halley Gus Nicolopulos Roberta Cerri Teglia A G E N D A CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION AGENDA REVIEW ORAL COMMUNICATIONS M I N U T E S 0~000~. City Council Municipal Services Building Community Room March 11, 1987 ACTION TAKEN 7:31 p.m. Mayor Addiego presiding. Council present: Council absent: Halley, Drago, Nicolopulos, Teglia, and Addiego. None. The pledge of allegiance was recited and the colors were presented by Brownie Troop 236 and Girl Scout Troop 2. The invocation was given by Reverend Wade Cogan, 1st Assembly of God Church. AGENDA REVIEW City Manager Birkelo stated that he had nothing to add or delete from the Agenda, however, at the end of the meeting he would ask for an adjournment of tonight's meeting. Mayor Addiego stated that he and the Vice Mayor had suggested beginning the inter- view process of Planning Commissioners soon, due to the necessity of providing a quorum at their meetings. ORAL COMMUNICATIONS Mr. Andy Rodondi, 623 Miller Ave., expressed concern as a senior citizen and taxpayer over an abandoned underground fuel/oil storage tank at the Magnolia Center, that as far as he knew had not been removed. He stated that as a child going to school at Magnolia, he remem- bered fuel/oil trucks parking on Magnolia and filling their tanks. He stated that people who had been watching the construction or renovation had told him that it had been uncovered at least once or twice when they had installed the electrical conduit. He 3/11/87 Page I AGENDA ORAL COMMUNICATIONS ACTION TAKEN ORAL COMMUNICATIONS cited the following reasons for bringing it to Council's attention: 1) that it should be removed prior to grading and paving so that it would not be so costly; 2) if there is any toxic material in the tank it could affect the health of the citizens in the area, and if leaking could pollute the ground. Councilman Nicolopulos stated that Mr. Rodondi had brought this to his atten- tion and he had alerted staff to make a full investigation. He stated that he had been told there was no tank at that location. He requested the Deputy City Manager/City Engineer to respond to Mr. Rodondi's comments. Deputy City Mana9er/City Engineer Yee stated that this had come to his atten- tion during the construction of the parking lot when the contractor had excavated trenches for conduits. He stated that during the excavation he had come across what appeared to be a tank, and had asked what to do about it in terms of the Health Department and a pro- cedure. He stated that the site was then excavated and it was found that the sup- posed tank was an old patch of asphalt. He stated that the contractor had looked around the area and could not locate a tank after making every effort, however, if someone could point out the location another attempt would be made. Mr. Rodondi stated that on the sidewalk, going down Magnolia, there is a capped pipe which could be a vent-like fill pipe, and all the City had to do was to follow that pipe to the tank. He stated that it was his understanding that when the contractor had put in the storm drain he ran into two pipes under the sidewalk area of Magnolia some 24" underground, and then poured the concrete. He stated that he and his brother could describe the location to Mr. Yee. 3/11/87 Page 2 AGENDA ACTION TAKEN OOO0O3 COMMUNITY FORUM CONSENT CALENDAR 1. Approval of the Minutes of the Regular Meeting of 2/25/87. ® Staff Report 3/11/87 recommending adoption of a Resolution approving specifications, authorizing the work and calling bids for an Emergency Mobile Generator for the Water Quality Control Plant. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR EMER- GENCY MOBILE GENERATOR FOR' WATER QUALITY CONTROL PLANT PROJECT NO. WTP-86-1, BID NO. 1752 ® Staff Report 3/11/87 recommending adoption of a Resolution approving plans and specifications, author- izing the work and calling bids for the 1987-88 Street Resurfacing Project No. ST-87-1. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR 1987-88 STREET RESURFACING PROGRAM, PROJECT NO. ST-87-1, BID NO. 1750 Staff Report 3/11/87 recommending adoption of a Resolution approving a Grading Permit Form. A RESOLUTION APPROVING A GRADING PERMIT FORM COMMUNITY FORUM Councilman Nicolopulos questioned if the City was having difficulty meeting their payments in that Mr. Rogers' bill included interest. City Manager Birkelo stated that in the past Mr. Rogers had withdrawn the interest charge, due to the short time frame of the agreement. Councilman Nicolopulos invited everyone to the Greek Independence Day celebration on 3/22/87 at City Hall. CONSENT CALENDAR So ordered. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 19-87 Removed from the Consent Calendar for discussion by Councilman Nicolopulos. 3/11/87 Page 3 AGENDA ACTION TAKEN 000004 CONSENT CALENDAR Bo Staff Report 3/11/87 recommending adoption of a Resolution of award of contract for the Oyster Point Boulevard Sewer Improvement, Project No. SS-86-1 and the Duval and Bradford Sewer Improvement, Project No. SS-83-6 to American Pipeline Engineering in the amount of $39,105.50 as the lowest res- ponsible bidder. A RESOLUTION OF AWARD OF CONTRACT OYSTER POINT BOULEVARD SEWER IMPROVEMENT, PROJECT NO. SS-86-1 AND THE DUVAL AND BRADFORD SEWER IMPROVEMENT, PROJECT NO. SS-83-6, BID NO. 1745 0 Staff Report 3/11/87 recommending adoption of a Resolution to author- ize staff to solicit and receive proposals to reconstruct the Cupola at City Hall - Civic Center Renovation - Phase III, Project No. PB-81-2B. A RESOLUTION AUTHORIZING STAFF TO SOLICIT AND RECEIVE PROPOSALS FOR THE CIVIC CENTER RENOVATION - PHASE III, PROJECT NO. PB-81-2B (RECONSTRUCTION OF CITY HALL CLOCK TOWER CUPOLA) Adoption of a Resolution commending Doris R. Agee for her service to the City as a Planning Commissioner. A RESOLUTION COMMENDING DORIS R. AGEE Adoption of a Resolution commending Louis Martin for his service to the City as a Planning Commissioner. A RESOLUTION COMMENDING LOUIS MARTIN CONSENT CALENDAR RESOLUTION NO. 20-87 Removed from the Consent Calendar for discussion by Councilpersons Teglia and Nicolopulos. Removed from the Consent Calendar for discussion by Mayor Addiego. Removed from the Consent Calendar for discussion by Mayor Addiego. 3/11/87 Page 4 AGENDA ACTION TAKEN O0000S CONSENT CALENDAR ® Staff Report 3/11/87 recommending adoption of a Resolution approving specifications, authorizing the work and calling bids for an Emergency Mobile Generator for the Water Quality Control Plant. c~-~ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR EMER- GENCY MOBILE GENERATOR FOR WATER QUALITY CONTROL PLANT PROJECT NO. WTP-86-1, BID NO. 1752 Staff Report 3/11/87 recommending adoption of a Resolution approving a Grading Permit Form. A RESOLUTION APPROVING A GRADING PERMIT FORM e Staff Report 3/11/87 recommending adoption of a Resolution to author- ize staff to solicit and receive proposals to reconstruct the Cupola at City Hall - Civic Center Renovation - Phase III, Project No. PB-81-2B. ~2~ A RESOLUTION AUTHORIZING STAFF TO CONSENT CALENDAR M/S Naffey/Teglia - To approve the Consent Calendar with the exception of Items No. 2, 4, 6, 7 and 8. Carried by unanimous voice vote. Councilman Nicolopulos questioned if the generator would be serving all of the eight pumps. Deputy City Manager/City Engineer Yee stated that the generator would serve three of the pumps, however there should not be any problems for a long time. M/S Nicolopulos/Haffey - To adopt the Resolution. RESOLUTION NO. 21-87 Carried by unanimous voice vote. Councilman Nicolopulos requested a brief summary on this item. City Attorney Armento stated that this new form modernized the language for grading in the City. Councilman Nicolopulos requested that in future staff should show how a form had been and how it was being changed. M/S Nicolopulos/Haffey - To adopt the Resolution. RESOLUTION NO. 22-87 Carried by unanimous voice vote. Councilman Nicolopulos questioned if this item was just to solicit proposals without money being spent at this time. Deputy City Manager/City Engineer Yee stated that the proposal for the design would give a cost factor before going out to bid. He stated that this was only for the cupola and not the balustrade. 3/11/87 Page 5 AGENDA ACTION TAKEN O0000G 6. Staff Report - Continued. SOLICIT AND RECEIVE PROPOSALS FOR THE CIVIC CENTER RENOVATION - PHASE III, PROJECT NO. PB-81-2B (RECONSTRUCTION OF CITY HALL CLOCK TOWER CUPOLA) Adoption of a Resolution commending Doris R. Agee for her service to the City as a Planning Commissioner. A RESOLUTION COMMENDING DORIS R. AGEE ® Adoption of a Resolution commending Louis Martin for his service to the City as a Planning Commissioner. A RESOLUTION COMMENDING LOUIS MARTIN APPROVAL OF BILLS Approval of the Regular Bills of 3/11/87. M/S Nicolopulos/Teglia - To adopt the Resolution. RESOLUTION NO. 23-87 Carried by unanimous voice vote. Mayor Addiego read the Proclamation aloud and presented it to Ms. Agee. Ms. Margaret Warren commended Ms. Agee on her work in this City, and for having awakened many people to participate in their City. Ms. Agee stated that she was returning to her home in Virginia Beach, which through over development she had left many years ago to become vocal in this City so that the same thing would not happen. She commended the City Council for not allowing what she had witnessed in her home happen in this City. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 24-87 Carried by unanimous voice vote. Mayor Addiego read the Proclamation aloud. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 25-87 Carried by unanimous voice vote. APPROVAL OF BILLS M/S - Teglia/Haffey - To approve the Regular Bills in the amount of $905,953.12. Carried by unanimous voice vote. 3/11/87 Page 6 AGENDA ACTION TAKEN 000007 CITY ATTORNEY 10. Staff Report 3/11/87 recommending: 1) Motion to waive further reading Of the Ordinance; 2) Motion to adopt an Urgency Ordinance on Smoking in restaurants that will take effect immediately. 1st Reading/Adoption AN URGENCY ORDINANCE AMENDING SECTION 8.50.030(a)(1) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO SMOKING IN RESTAURANTS .WITH A CAPACITY OF FIFTY OR MORE PERSONS CITY ATTORNEY City Clerk Battaya read the title of the ordinance in its entirety. Councilwoman Teglia stated that she and Vice Mayor Drago had met with owners of the Brentwood Lodge, Oliver's, Leaning Tower, Mexico Tipico, Hogan's, Bay View and the Chamber of Commerce which was a small part of a larger group that were very concerned over the smoking ordinance as it applied to restaurants that have a capacity for fifty or more persons. She stated that the amendment before Council this evening had been discussed, with a unanimous feeling of the people that one line should be deleted from that amend- ment. She stated that the second line, where patrons shall be asked whether they prefer smoking or non-smoking areas, is the line to be deleted. She stated that the restauranteurs felt that if the line was not deleted it would create problems, and that they could devise a policy to take into consideration each individual restaurant's setup by clien- tele. Vice Mayor Drago stated that the summary of the meeting given by Councilwoman Teglia was correct. Mr. Joe Ercoli, Owner of the Leaning Tower, commended the Council on creating the urgency ordinance, but felt that if the one line was stricken he and the others could live with the ordinance as reasonable businessmen. He stated that they wanted to take care of every one of their customers, smokers and non-smokers, and have them enjoy their restaurant. Mr. Don Farber, Owner and Manager of Hogan's, stated that he concurred with Mr. Ercoli comments. He stated that every patron in his establishment was very special, and every effort would be made to fulfill his wishes. 3/11/87 Page 7 AGENDA CITY ATTORNEY 10. Staff Report - Continued. ACTION TAKEN 000008 CITY ATTORNEY Mr. Jeff Santoro, Co-owner of Oliver's, stated that he and the other owners were concerned about the elimination of better than half of his seating area for non- smokers - which he felt was unfeasible to donate that much of an area to non- smokers. He stated that he would always make adequate room for the people that wanted smoking and non-smoking areas. He stated that he was a businessman, and did not want to lose business because of this ordinance. Discussion followed: on who would set the guidelines to establish policy; that each owner would set his own; that the original request for the ordinance had come from the workplace; that if a restaurant was smoky the patron would not return if he did not like the smoke, etc. Mr. Ercoli stated that ten years ago a patron wanted a good steak and a glass of red wine, now the patron wanted fish and a glass of white wine. Ms. Marilyn Isaacs, Health Alliance, stated that she felt it was less than courteous for the restaurants not to ask a patron if he wanted a non-smoking area. Mr. Jeff Santoro stated that if given the choice people that normally sit in the smoking section would sit in the non- smoking section. City Attorney Armento stated that the urgency ordinance after adoption, would be effective simultaneously with Ordinance No. 1010-87 on 3/13/87. M/S Teglia/Nicolopulos - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To adopt the Urgency Ordinance after deleting, 3/11/87 Page 8 AGENDA ACTION TAKEN O0000D CITY ATTORNEY 10. Staff Report - Continued. RECESS: RECALL TO ORDER: COMMUNITY DEVELOPMENT & ADMINISTRATION 11. Public Hearing - To consider the Sign Regulation Sections of the Revised Zoning Ordinance, Title 20 of the South San Francisco Municipal Code. Staff Report 3/11/87 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to waive further reading of the Ordinance regulating Signs; 4) Motion to introduce the Ordinance. 1st Reading/Introduction AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADD CHAPTER 20.76 AND CHAPTER 20.86 PERTAINING TO THE REGULATION OF SIGNS CITY ATTORNEY "Patrons shall be asked whether or not they prefer smoking or non-smoking seating areas." ORDINANCE NO. 1013-87 Carried by majority voice vote, Haffey voted no. Mayor Addiego declared a recess at 8:30 p.m. Mayor Addiego recalled the meeting to order at 8:50 p.m., all Council present. COMMUNITY DEVELOPMENT & ADMINISTRATION Director of Planning Smith stated that the Council had adopted the revised Zoning Ordinance on 11/12/86, but had culled out the sign provisions for further study by the Planning Commission. She spoke of the study session with the Downtown Merchants Board of Directors and the Planning Commission, and three addi- tional study sessions and three public hearings. She stated that the redraft addressed the issue and concerns raised at prior meetings, and allowed the Commission a certain amount of flexibility in con- sidering applications. She stated that concept of sign districts had been aban- doned, and a more liberal amortization period was included, also that sign mat- ters would not be appealed to the City Council under the proposed provisions. She proceeded to highlight the sign provisions. Mayor Addiego opened the Public Hearing and invited those wishing to speak in favor of the ordinance to step to the dais. Mr. Frank Strazzarino, Executive Director of the Chamber of Commerce, applauded the efforts of the Council, Staff and 3/13/87 Page 9 AGENDA COMMUNITY DEVELOPMENT & ADMINISTRATION 11. Staff Report - Continued. ACTION TAKEN 0000 .0 COMMUNITY DEVELOPMENT & ADMINISTRATION Planning Commission to have come to such major concessions. He expressed concern about the appealability to the City Council by the business community as a final review or appeal before its elected representatives. Mr. Alan Zellmer, Downtown Merchants Assoc., complimented the Staff and Commission on the time and effort that went into effecting this ordinance, however, the Merchants were also concerned over the issue of appealability. He stated that there were two issues in the ordinance that were highly subjective, and because of that felt there should be a local avenue of appeal, i.e., classic signs and the special circumstances. Mr. Lou Dell'Angelo, Environmental Development Group, stated that he was representing several clients: Park'N'Fly, Lou Poletti, and Larry Bertolucci. He stated that his clients were concerned about the restaurant and some properties along E1 Camino Real, and problems of non-conformance that the ordinance would create. He spoke in detail on the following: unique sign needs in the E1 Camino area; the 11~ square foot of sign area for each foot of lot frontage ratio may be too generous for planning industrial areas and to restrictive for commercial uses along Highway 101 and E1Camino Real corridors; a 3 square feet of sign area for each foot of street frontage should be retained for the Highway 101 and E1 Camino Real corridor areas; that freestanding signs should be allowed on Highway 101 and E1Camino Real corridor in the current ordinance; that there was too much review and bureaucracy in the sign process, and the Design Review Board and Commission should be limited only to very tall and very large signs and sign programs, and let staff handle the smaller signs; that everyone should have 3/11/87 Page 10 AGENDA COMMUNITY DEVELOPMENT & ADMINISTRATION 11. Staff Report - Continued. ACTION TAKEN 0000 COMMUNITY DEVELOPMENT & ADMINISTRATION the opportunity to come to the Council on an appeal of the Planning Commission on signs; that classic signs should not be limited to just the D-C zone district; that the amortization provisions should be deleted because they related to the zoning ordinance; that the amortization period for on-premises signs was currently 15 years from the effective date of the new sign ordinance, which should be clearly stated; that no existing sign should have a one year amortization period; that a use permit application procedure for classic signs is unne- cessary and burdensome, and a streamlined application procedure should be used; etc. Mr. Steven Luzaich, 700 E1Camino, Millbrae, stated that he represented the Brentwood Shopping Center. He stated that the ordinance did not address the traffic patterns and uses in the City, i.e., Grand Avenue being pedestrian; E1 Camino and the Bayshore being high driver areas yet a 24' height limit was proposed in all of the areas. He stated that the Commission had stated that it would look at each special sign need on its own merits, which would put a person at the ever changing philosophy of the Commission. He stated that he felt that the Bayshore and E1 Camino were special districts and should be treated dif- ferently in the ordinance. He stated that the sign at the shopping center was reasonable, because they had to compete with Tanforan which necessi- tated a larger sign. He touched upon the right to appeal because of the special conditions that would be attached to the ordinance. He spoke of the necessity of reader boards, and that with the new ordinance a permit was needed to change the boards. 3/11/87 Page 11 AGENDA COMMUNITY DEVELOPMENT & ADMINISTRATION 11. Staff Report - Continued. (Cassete No. 2) ACTION TAKEN 0000:12, COMMUNITY DEVELOPMENT & ADMINISTRATION Discussion followed: whether the reader board in Brentwood was available to all tenants; that Mr. Luzaich was a Planning Commissioner in Millbrae; whether there was a height restriction on E1 Camino Real in Millbrae; how other cities treated signs in the business community; that only in the downtown area could new classic signs be petitioned for; that Councilman Nicolopulos wanted the Council to remain as the appeal body; Councilman Haffey had concern over Council not being the appeal body on classic signs and spe- cial conditions in the downtown, etc. Vice Mayor Drago stated that in the Planning Commission minutes a Commissioner had pulled out four items for discussion, and he questioned whether there was some merit to some of those conflicts. Director of Planning Smith stated that she felt they had been addressed, and related that the burden was on the indi- vidual merchant to maintain his signs in a safe condition. Vice Mayor Drago stated that the minutes show that the Commission decided unani- mously, that the Council should hear the sign appeals, yet the staff report says the Commission should handle the sign appeals. Director of Planning Smith stated that the Commission had actually adopted, or recommended the ordinance to the Council saying that there would not be the appeal process, but they recognized and acknowledged in their public hearing and discussion that ultimately it was the City Council that was going to make the decision. Vice Mayor Drago stated that the minutes said that the Commission concurred that the Council should decide whether it wanted to hear sign appeal cases, it 3/11/87 Page 12 AGENDA COMMUNITY DEVELOPMENT ADMINISTRATION 11. Staff Report - Continued. ACTION TAKEN 00001.3 COMMUNITY DEVELOPMENT & ADMINISTRATION should be left to their discretion, and yet in the staff report it says, "unanimously recommend that the Planning Commission would be the final decision making appeal body on the sign matters." He stated that there was some sort of a conflict. Director of Planning Smith stated that she didn't think it was necessarily a conflict, but the Commission recognized that it was basically up to the Council to do so. Vice Mayor Drago stated that staff would have to amend the ordinance to handle the appeal process through the Council. He stated that he concurred with Councilman Haffey's suggestion that it be limited to those two areas, and not tie the Council down with every possible sign problem that came up. Consensus of Council - That the Council would be the appeal reviewing body on classic signs and special conditions. Mayor Addiego closed the Public Hearing. M/S Haffey/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To introduce the Ordinance, but with a change in the appeals process, special conditions, and classic signs. City Attorney Armento requested direction on the amortization process, should it be deleted by removing Title 17 in its entirety, and insure that all signs come under the 15 years provision. Amended Motion/Second Haffey/Teglia - To introduce the Ordinance, but with a change in the appeals process, special conditions, and classic signs; and remove 3/11/87 Page 13 AGENDA ACTION TAKEN 0000 .4 COMMUNITY DEVELOPMENT & ADMINISTRATION 11. Staff Report - Continued. 12. Staff Report 3/11/87 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to introduce the Ordinance on the Uniform Building Code; 3) Motion to set a Public Hearing for 4/8/87. 1st Reading/Introduction '5~/~ AN ORDINANCE AMENDING CHAPTER 15.08 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TO ADOPT THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1985 EDITIONS, AND TO REPEAL THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1982 EDITIONS COMMUNITY DEVELOPMENT & ADMINISTRATION Title 17 in its entirety. Carried by unanimous roll call vote. City Clerk Battaya read the title of the ordinance in its entirety. Chief Building Inspector Wittwer cited the major changes in the ordinance from the prior 1982 Code: removal of the 2" concrete coverage; 2) using one hour rate paper rather than 10 minute rated paper; hazard control in cut work; change to a Hearing Officer procedure rather than a Hearing Appeals Board. Vice Mayor Drago stated that three years ago Mr. Wittwer had presented findings to support the 2" concrete coverage for rat proofing. He stated that the UCB spoke of an Appeals Board that was not composed of employees of the jurisdiction. Chief Building Inspector Wittwer stated that the Assistant City Manager Lewis would be the Hearing Officer. Councilman Haffey stated that if there was a Hearing Officer it should be someone outside of the City. Vice Mayor Drago stated that the person should be qualified in experience to rule on problems in building construction. Discussion followed: that it was a sen- sitive issue, with merits in Vice Mayor Drago's comments; that the Code would have to be amended to change the title; that the Hearing Board should be unbiased; direction to staff to explore other cities' use of an Appeals Board or a Hearing Officer, etc. M/S Haffey/Nicolopulos - To waive further reading of the Ordinance. Carried by unanimous voice vote. 3/11/87 Page 14 AGENDA ACTION TAKEN 0000 .5 COMMUNITY DEVELOPMENT & ADMINISTRATION 12. Staff Report - Continued. 13. Staff Report 3/11/87 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to waive further reading of the Ordinance on the Uniform Plumbing COMMUNITY DEVELOPMENT & ADMINISTRATION M/S Haffey/Teglia - To introduce the Ordinance. Carried by majority voice vote, Vice Mayor Drago voted no. Councilman Haffey and Nicolopulos stated that they may change their vote after the requested information was received. M/S Teglia/Haffey - To set 4/8/87 as Public Hearing. Carried by majority voice vote, Vice Mayor Drago voted no. Mr. Leroy Paller, 250 Gateway Blvd., stated that he had a serious concern to express in connection with the appeal issue. He proceeded to explain the dif- ferences in the 1985 Code from the 1982 Code: that the old Code had an Appeals Board; that the new thinking on the appeal process was that the members of the Board should not be members of the City Staff. He stated that the appeals process was very precious, and he had a problem with the City having a Hearing Officer in the ordinance rather than an Appeals Board. He stated that an Appeals Board would be composed of experts in the building field, who would be fair and unbiased in hearing an appeal of a contractor because they were not City employees. He stated that the UCB, as written, protected cities from lawsuits through a Board of Appeals. He urged the Council to think twice before taking away the right of the citizen to have his appeal heard by a Board of Appeals. City Clerk Battaya read the title of the ordinance in its entirety. Chief Building Inspector Wittwer stated that there were two changes in the Code to be adopted: 1) the hearing 3/11/87 Page 15 OOO016 AGENDA ACTION TAKEN COMMUNITY DEVELOPMENT & ADMINISTRATION 13. Staff Report - Continued. Code; 3) Motion to set a Public Hearing for 4/8/87. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 15.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1982 EDITION, AND TO REPEAL THE UNIFORM PLUMBING CODE, 1976 EDITION FIRE 14. Staff Report 3/11/87 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to Introduce Ordinance on the Fire Code; 3) Motion to set a Public Hearing for 4/8/87. 1st Reading/Introduction AN ORDINANCE AMENDING CHAPTER 15.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1985 EDITION AND TO REPEAL THE UNIFORM FIRE CODE, 1982 EDITION COMMUNITY DEVELOPMENT & ADMINISTRATION officer procedure, which he felt to be more efficient and effective; 2) a pro- hibition against plastic water pipes. Vice Mayor Drago questioned why the 1985 Code was not being adopted. Chief Building Inspector Wittwer stated he had ordered the 1982 Code, and that in 1988 the City would adopt all of the Codes. Consensus of Council - Staff is to pre- pare a new ordinance to adopt the 1985 Code, and no action will be taken on the 1982 Code. FIRE City Clerk Battaya read the title of the Ordinance in its entirety. Fire Marshal Lagomarsino stated that with adoption of the 1985 Code the ordinance would not add or delete any of the provisions. Vice Mayor Drago questioned why there was not a change for a Hearing Officer. Fire Marshal Lagomarsino stated that the Council was the Appeals Board and only once in 1976 or 1977 had anyone filed an appeal. M/S Teglia/Haffey - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To introduce the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To set 4/8/87 as a Public Hearing. Carried by unanimous voice vote. 3/11/87 Page 16 AGENDA ACTION TAKEN 0000 .? ' POLICE 15. Staff Report 3/11/87 recommending: 1) Motion to waive further reading Of the Ordinance; 2) Motion to adopt the Ordinance to regulate consumption of alcoholic beverages in public parking places. ~4~/0~ 2nd Reading/Adoption AN ORDINANCE ADDING CHAPTER 10.40 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PARKING PLACES, PARKING LOTS AND MOTOR VEHICLES ITEMS FROM STAFF ITEMS FROM COUNCIL POLICE City Clerk Battaya read the title of the Ordinance in its entirety. Councilwoman Teglia questioned how this ordinance would affect the wine festival. Police Chief Datzman stated that it did not affect the wine festival because it was a sanctioned affair by the Council. M/S Haffey/Teglia - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Teglia - To adopt the Ordinance. ORDINANCE NO. 1014-87 Carried by unanimous voice vote. ITEMS FROM STAFF No one chose to speak. ITEMS FROM COUNCIL Councilman Halley stated that at the next meeting he wished to discuss a personnel matter in Closed Session. He requested a study session be set to discuss Council goals and objectives as prepared by the Subcommittee. He further requested a study session be set to discuss acquisition of property for the Orange Park Expansion Project. Councilwoman Teglia stated that she had received complaints from individuals wishing to add in-law quarters to their residences, and that the 1500 square foot provision in the zoning ordinance was too restrictive and should be changed to 1800 square foot. She requested that this item be agendized for a future meeting. 3/11/87 Page 17 AGENDA ACTION TAKEN 0OOO1.8 ITEMS FROM COUNCIL ,5'-1o/ t::'- 000 GOOD AND WELFARE CLOSED SESSION 16. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations, property negotiations and litigation. ITEMS FROM COUNCIL Mayor Addiego read a letter into the record from School Board President Edward R. Rodondi, dated 3/9/87, in reference to City elections being consolidated with the General Election (a copy is attached and a permanent part of the record of this meeting). Councilwoman Teglia requested that discussion of the steno requirement for secretaries be agendized. She stated that the in-law quarters, when brought forward on the agenda, should not consider the necessity of additional parking. City Attorney Armento stated that the State Code, in reference to the Parking Place Commission had a maximum require- ment of three members that were residents of the City. Deputy City Manager/CD&A Lewis suggested having advisory members on the Commission that could be non-residents of the City. Councilwoman Teglia stated that she was not interested in the appointment of non- residents to the Commission. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Mayor Addiego stated that a Closed Session would not be held. M/S Haffey/Teglia - To adjourn the meeting to Wednesday, 3/18/87, 6:00 p.m., Council Chambers, City Hall, to discuss the following: 1) Interview applicants for the Planning Commission (4) people); 2) Council goals and objectives; 3) Establish 1987-88 Operating Budget proce- 3/11/87 Page 18 00O019 ADMINISTRATION Superintendent ADMINISTRATION BUILDING, 398 "B" STREET eOkl~O OF SOUTH SAN FRANCISCO, CALIFORNIA 94080 (415) 877-8700 Vl~e Preaideflt March 9, 1987 The Honorable Mark Addiego, Mayor City of South San Francisco 400 Grand Avenue South San Francisco CA 94080 Member Mem0M Dear Mayor Addiego: It has been brought to my attention and that of the other members of the Board of Trustees, through newspaper articles, that consideration is being given to the proposal that the election date for Council members be changed to consolidate with the changed election date for members of the Board of Trustees. On behalf of the Board, I wish to express to you our concern for this proposal and our reasons why we believe that this should not take place. As you will recall, a number of years ago, the City opte~,..,~o-'"~hange its election date from spring of even-numbered years to coincide w~th~C the Trustees' election date--fall of odd-numbered years. We do not believe that the goal that was established for this change was met; that is, more participation in the electoral process. Rather, as we stated at the time the Council was debating and finally deciding to change, we opposed the proposal at that time feeling that it would not achieve the goals that were established. Our concerns can best be expressed as follows: l) There is no significant gain in voter participation for the election dates that we have had over the past 12 years. We believe that our election consolidated with the General Election of even-numbered years will better achieve that goal. 2) We do not believe that significant cost benefits accrued as a result of consolidation. It is our belief that no significant savings were affected. 3) It is our belief that the consolidation of two local elections--Council and Board--has led to confusion on the part of too many voters. The governmental offices were often confused by people. Additionally, the number of people who were available and would work for a candidate's 3/11/87 Page 18a The Honorable Mark Addiego, Mayor March 9, 198'7 Page Two 0000 0 election did not increase and the mixing of elections means in all too many cases that people who would work on an election campaign had to choose; and, therefore, candidates for offices were deprived of those services. For the above-stated reasons, it is the contention of the Board that for a reasonable trial period, and I would recommend the next two elections or up to 1990, that the current separation of elections for Board and Council be maintained; that is, fall of odd-numbered years for election of members to Council and even-numbered years for election of members of the Board of Trustees. I think that after a fair trial of this program we and/or our successors would better be able to judge whether future additional consolidation should take place. I would ask that you share this with members of Council and staff and also that it be read into the public record at your next regularly scheduled Council meeting. Please accept my sincere thanks for your consideration of our concerns. Sincerely, Edward R. Rodondi, President Board of Trustees ERR:cc Enclosure: Voter Participation, Elections since 1975 (Source--San Mateo County Clerk/Recorder) cc: Board of Trustees 3/11/87 Page 18b OOOO2:[ VOTE~ PARTICIPATION - ELECTIONS SINCE 1972 (SoUrce--San Mateo County Clerk/Recorder) March 1975 March 1977 November 1977 November 1981 November 1983 November 1985 17,982 Registered 8,577 Votes cast 47.7 Percent 22,015 Registered 4,173 Votes cast 18.96 Percent 22,978 Registered 7,851 Votes cast 35.69 Percent 24,165 Registered 4,143 Votes cast 17.14 Percent 26,260 Registered 7,488 Votes cast 28.51 Percent 28,321 Registered 9,347 Votes cast 33.0 Percent 3/11/87 Page 18c AGENDA ACTION TAKEN 0000 ; ADJOURNMENT: RESPECTFULLY SUBMITTED , Barbara A. Battaya, City of South San Francisco dures; 4) Review Capital Improvement Program; 5) Constitute Board of Appeals; 6) Closed Session for the usual items. Carried by unanimous voice vote. Time of adjournment 10:45 p.m. APPRO~ , ,. ~ . . ~ 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. 3/11/87 Page 19