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
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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.
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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
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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
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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
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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
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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
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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
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