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HomeMy WebLinkAboutMinutes 1987-09-23 Mayor Mark N. Addiego Vice Mayor John "Jack" Drago Counci 1: Ri chard A. Halley Gus Nicolopulos --Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Youth Commission on "Pros For Kids Fund Raiser" ,~q~O O AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room September 23, 1987 ACTION TAKEN 7:35 p.m. Mayor Addiego presiding. Council present: Council absent: Halley, Drago, Nicolopulos, Teglia and Addiego. None. The Pledge of allegiance was recited. Reverend Neely, Grand Avenue Baptist Church, gave the invocation. PRESENTATIONS Youth Commissioner Jennifer Yee described the three day program being put on in conjunction with PIBC for the bene- fit of the youth of the community. AGENDA REVIEW City Manager Lewis stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Mr. Alvaro Bettucchi, 609 Rocca, described the activities related to the second Italian American Games to be held on 9/27/87, and requested bus transpor- tation for the participants from Lucca, Italy involved in the key events. Mr. Serafino Fontana, President of the S.S.F. Italian American Citizens Club, presented the Mayor with an Italian flag, and requested that it be hung at City Hall during Italian festivities. Mayor Addiego stated that the City Manager and the Recreation Supervisor were coordinating the use of buses during the festivities. COMMUNITY FORUM 9/23/87 Page i A G E N D A A C T I 0 N T A K E N 0002~S COMMUNITY FORUM COMMUNITY FORUM Councilman Nicolopulos stated that a classification review had been done by Mr. Obenhuber, Employee Relations Services, through Council direction in 1985, which involved the position of Public Works Inspector and Building Inspectors. He stated that Staff had made a recommendation based on that study, for a reclassification to Senior Construction Inspector from Public Works Inspector with a 10% increase. He con- tinued, that recommendation had been based on the independence with which the Public Works Inspector functioned, as well as appeals made by the Union in response to the study. He stated that the Building Inspectors were members of the bargaining unit, however, they were not members of the Union and had not been represented in the appeals by the Union. He stated that the Building Inspectors had opted to make donations to their favorite charities, rather than pay dues to the Union. He stated that the Building Inspectors wanted to know how they could seek reclassification, because after three months of letters to their immediate supervisors they had been told their requests would be considered with six other positions as a package. He stated that Mr. Obenhuber, after a review of the position, had recommended a 21/2% increase for the Building Inspector. He stated that in reference to the Senior Construction Inspector reclassification, he felt he had not been given the entire facts about the survey study. He con- tinued, Council had directed Staff to use five cities to determine prevailing salaries and classification practices. He stated that it was later discovered through investigative efforts of Vice Mayor Drago, after Council had approved the recommendation, that only two cities were selected arbitrarily, and unila- terally used by Staff and Mr. Obenhuber. 9/23/87 Page 2 AGENDA ACTION TAKEN ---COMMUNITY FORUM COMMUNITY FORUM He stated that he felt that this type of incomplete staff report merited censure. He stated that he had the job specifica- tions for Senior Construction Inspector and Building Inspector, and felt that both were very similar in scope, as well as working with independence and having to file statements of conflict of interest. He stated that in the interest of justice, fairness and equality he would like to move, at the appropriate form and time, to adjust the Building Inspector to a parity salary to the Senior Construction Inspector. He requested that the item be put on the next Council meeting agenda for action. He read Ordinance No. 635, "An Ordinance Establishing Two Elective Terms for City Council", into the record (a copy is attached and a permanent part of the record of this meeting). He stated that there had been four legal opinions ren- dered to the effect that the Ordinance was not valid, i.e., City Attorney Rogers; City Attorney Armento; Legislative Council of the State of California, as requested by Senator Quinton Kopp on the City Clerk's behalf. He continued, Senator Kopp recommended that the City Clerk accept nominations papers from anyone seeking a third term. He questioned: if the four opinions had invalidated Ordinance No. 635; the defin- ition of separation of powers pursuant to the Constitution. City Attorney Armento stated that opin- ions could not invalidate an ordinance to the extent that the opinions indicated that the ordinance was not valid. She stated that she believed that the ordi- nance was not valid. She stated that in reference to separa- tion of powers, there was a judicial branch, executive branch and a legisla- tive branch of government. She stated 9/23/87 Page 3 ORDINANCE NO. 635 AN ORDINANCE ESTABLISHING TWO ELECTIVE TERMS FOR CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I. COUNCIL TERMS. A person elected to the Council in the general municipal election of 1974 and succeeding general municipal elections shall be eligible to serve only two successive four year elective terms after being so elected. SECTION II. VIOLATIONS; MISDEMEANOR. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punish- able therefor by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City Jail for a period of not more than six (6) months or by both such fine and imprison- ment. SECTION III. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published once in the "Enter- prise-Journal," a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 7th day of August , 1972 . Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 19 72 , by the following vote: 9/23/87 Page 3a 1. 5th day of September , CEN'I"~AL RECORDS 0002 i AYES, COUNCILMEN I! NOES, AB SENT, " Gordon T. Boblitt, F. Frank Ma~ini and Warren Steinkam!a Patrick E. Ahern and William A. Borba None ATTEST: ~ 2 City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this ~5~h day of September , 19 72 . . yor 9/23/87 Page 3~ AGENDA COMMUNITY FORUM ACTION TAKEN COMMUNITY FORUM that the opinions discussed the fact that the State Legislation had qualifications for municipal office that preempt local legislation. Councilman Nicolopulos stated that this was not a trial and that he was not a Judge, but wanted to ascertain by what process this ordinance could be legally invalidated. City Attorney Armento stated that the Council, or if anyone would like to, could go into Court on the issue of this ordinance. Councilman Nicolopulos stated that that was the answer he was looking for -- that the only people who could legally invali- date this ordinance was through a com- petent Court jurisdiction. He stated that he had taken a sworn oath as a local legislator to uphold Federal, State, County and local laws, and that he did not want to violate his sworn oath. He stated that he respected the four opi- nions that alleged the ordinance to be invalid, however, absent or failing a Court determination to issue a Writ of Mandate he was forced to operate on a two term limitation. He stated that when he received a legal decision from a com- petent Court jurisdiction, and the Judge told him to jump - then immediately he would respond with "how soon, and how far." Councilman Haffey questioned the use of the Community Forum section of the meeting for this type of discussion, and felt that it should have been discussed under Items from Council. He stated that the Community Forum section had been pro- vided for general information to the public on important issues. Mayor Addiego agreed with Councilman Halley. 9/23/87 Page 4 A G E N D A A C T I O N T A K E N ~-~,~ COMMUNITY FORUM CONSENT CALENDAR Staff Report 9/23/87 recommending by Motion to set 10/14/87 as a Public Hearing to consider a Zoning Amendment to amend Chapter 20.26 to require a Use Permit for religious assembly uses in the D-C, Downtown Commercial Zone District. APPROVAL OF BILLS 2. Approval of the Regular Bills of 9/23/87. RECREATION & COMMUNITY SERVICES Public Hearing - To consider requesting an exemption from the State for three convenience zones pursuant to the provisions of the California Container Recycling and Litter Reduction Act. Staff Report 9/23/87 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) No further action will be requested by Staff. COMMUNITY FORUM Vice Mayor Drago questioned if this item was to be added to the agenda as Item 6a, or whether the conversation had been closed. Mayor Addiego stated that it could be added to the agenda without action being taken tonight. CONSENT CALENDAR Public Hearing set for 10/14/87. M/S Haffey/Teglia - To approve the Consent Calendar. Carried by unanimous voice vote. APPROVAL OF BILLS M/S Haffey/Nicolopulos - To approve the Regular Bills of 9/23/87 in the amount of $1,150,106.60. Carried by unanimous voice vote. RECREATION & COMMUNITY SERVICES Director of Recreation & Community Services Norton stated that the original intent of calling the Public Hearing could no longer be met since an exemption will not be granted by the State. He stated that the recycling facility could not qualify for certification under the Act due to its association with Reynolds Aluminum. He continued, if the facility was to qualify, the operation would have to be totally non-profit. He spoke in detail of AB2020. He stated that the City operations would return to Saturday only and drop off services. 9/23/87 Page 5 A G E N D A A C T I 0 N T A K E N ~)00~'~ RECREATION & COMMUNITY SERVICES 3. Staff Report - Continued. ITEMS FROM STAFF ® Staff Report 9/23/87 recommending adoption of a Resolution in support of the library's actively pursuing the goal of making sure every child obtain a library card by the end of the 1987-88 school year. ~.~3 A RESOLUTION SUPPORTING THE NATIONAL CAMPAIGN TO ENCOURAGE CHILDREN TO OBTAIN LIBRARY CARDS Be Report from the Planning Commission on "Transitional Designation" for area bounded by East Grand/Gateway Extension/South Airport/Highway 101. RECREATION & COMMUNITY SERVICES Mayor Addiego opened the Public Hearing and invited those wishing to speak for or against the issue to step to the dais - no one chose to speak, and he closed the Public Hearing. Discussion followed: that the new law mandated that markets would provide recycling facilities; that if the City had a non-profit operation it would have to operate 30 hours a week, etc. ITEMS FROM STAFF City Librarian Goodrich stated that she had started the day by attending a literacy breakfast on Project Read that would kick-off the campaign to encourage children to obtain library cards. Children's Librarian Cynthia Baird stated that this program would visit every pri- mary school this year, with "the best gift you will ever give your child." She presented an overview of the serv- ices developed in the Children's Department. Vice Mayor Drago commended the Library Staff on their achievements through Project Read. M/S Haffey/Drago - To adopt the Resolution. RESOLUTION NO. 108-87 Carried by unanimous voice vote. Acting Planning Director Gorny stated that the area bounded by East Grand, Gateway Extension, South Airport and the Bayshore Freeway was currently developed with light industrial and warehouse uses. He stated that the Council had referred this item to the Planning Commission for a study and consideration of a possible transitional designation governing land 9/23/87 Page 6 A G E N D A A C T I 0 N T A K E N ~~r'~'~ UU~~ ITEMS FROM STAFF 5. Report - Continued. ITEMS FROM COUNCIL Request for the adoption of a Resolution opposing the elimination of the Hetch Hetchy Water Supply System. ~/~ A RESOLUTION OPPOSING THE ELIMINATION OF HETCH HETCHY WATER SUPPLY SYSTEM 6a. Request to waive the festival fees for All Souls' Church on 10/9-11/87. ITEMS FROM STAFF uses in this area. He stated that the area in question contained 15 parcels plus railroad right-of-way and contains three private streets, and that except for the large PG&E parcel in the northeast location which was not available for development, two parcels were undeveloped. He cited the following options in relation to the site: 1) change the designation the General Plan and Zoning Ordinance to one allowing the light industry and warehousing--probably P-I, Planned Industrial; 2) develop another zoning designation within the commercial use category (such as an H-C, Heavy Commercial) to allow certain warehouse-type uses; 3) leave the designation as P-C. He stated that the General Plan designa- tion was to provide for future land use, continuation of nonconforming uses and structures provided the means for amor- tizing existing structures. He stated that the Planning Commission was of the opinion after review of the area, that through the use permit proce- dure uses which are both economically feasible and appropriate under current land use designations could be approved; and no change in land use designation or zoning was recommended. ITEMS FROM COUNCIL Councilwoman Teglia read the Resolution aloud for the benefit of the viewing audience. M/S Teglia/Haffey - To adopt the Resolution. RESOLUTION NO. 109-87 Carried by unanimous voice vote. M/S Teglia/Haffey - To waive the festival fees. 9/23/87 Page 7 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 6a. Waiver of Fees - Continued. 6b. Ordinance No. 635 Establishing a Two Term Limitation. GOOD AND WELFARE CLOSED SESSION e Closed Session for the purpose of the discussion of personnel mat- ters, labor relations and litigation. ADJOURNMENT: ITEMS FROM COUNCIL Carried by unanimous voice vote. Vice Mayor Drago questioned if the Council was obligated to go to Court or repeal the Ordinance. City Attorney Armento stated that the Council was not obligated to do anything. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Haffey/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment 8:37 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cle~ City of South San Francisco APPROVED. Markka'city o~f~SouthAddi~g'O~san Franci~ 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. 9/23/87 Page 8