HomeMy WebLinkAboutMinutes 2012-01-17 SPECIAL MEETING
° VI e ri . MINUTES
fi rr _E. CITY COUNCIL
6.
O
J
OF THE
c9 R `' CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
CITY HALL CONFERENCE ROOM
400 GRAND AVENUE
SATURDAY, JANUARY 17, 2012
1. Call to Order. Time: 7:04 p.m.
2. Roll Call. Present: Councilmembers Addiego, Matsumoto and
Mullin *, Vice Mayor Gonzalez, and Mayor
Garbarino
Absent: None
* Councilman Mullin arrived at 7:05 p.m.
3. Agenda Review.
No changes.
4. Public Comments — comments are limited to items on the Special Meeting
Agenda.
None.
5. Further review of a Draft Private Sewer Lateral Ordinance.
Director of Public Works White presented the staff report recommending that the City Council
further review and discuss changes to the draft Private Sewer Lateral Ordinance prior to introduction
at a regular City Council meeting. The ordinance would clearly define the responsibilities for
construction, maintenance and inspection of the lateral connections from private properties to the
City's sewer collection system while ensuring the City's compliance with terms of the Baykeeper
Consent Decree. At a special meeting on October 18, 2011, staff provided Council with an overview
of a proposed ordinance. Council directed staff to perform further research on the structure of
similar ordinances in neighboring jurisdictions. Council requested further discussion on the presence
of a point -of sale trigger component which would require that all properties for sale have sewer
lateral lines inspected prior to transfer of title. The San Mateo County Association of Realtors
( "SAMCAR ") opposed this provision and submitted a letter which was attached to the staff report
submitted by Director White.
Paul Stewart of SAMCAR voiced concerns pertaining to the proposed ordinance. He opined that the
point of sale requirement places an undue burden on the home sale process. He noted that at this
time of critical weakness in the real estate market, it might further delay sales.
Director White stated that the most compelling argument for the point of sale approach is that it can
be handled in an efficient matter with a significant trigger point that protects the buyer while assuring
compliance with the terms of the Baykeeper Consent Decree. Accordingly, staff recommended that
the ordinance include a point -of -sale provision as a method of systemically ensuring that sewer
laterals be inspected and replaced, if necessary.
Councilwoman Matsumoto noted that the proposed ordinance included a point of sale or major
renovation trigger. She questioned whether a major renovation was defined by square foot or dollar
amount.
Director White advised a major renovation was 25% or more of the home's square footage.
Councilman Addiego suggested a more targeted approach requiring replacement of sewer lines in
homes with the problematic Orangeburg Pipe.
Director White advised a targeted approach would be difficult to implement due to the burden placed
on current property owners. He noted the point of sale approach would accomplish the objectives of
the Baykeepers consent decree while being folded into home financing and escrow deals.
City Manager Nagel noted that to meet Baykeepers obligations, Council essentially had two choices:
(1) it could target neighborhoods with Orangeburg and possibly partner at some level with
homeowners to perform inspections at the City's cost requiring replacement by homeowners within a
specific time frame; or (2) point of sale. He noted the latter would likely be viewed as less invasive
by current homeowners. To allay SAMCAR'S concerns, Council could consider a mechanism that
would not hold up the sale of properties.
Council expressed interest in the time extension certificate point of sale model implemented by East
Bay MUD.
6. Single Use Bag Ordinance update and review.
Assistant to the City Manager Kennedy presented the staff report recommending that Council
review the report provided on a proposed Single Use Bag Ordinance and provide staff with
direction regarding whether to finalize the ordinance or pursue participation in a possible uniform
countywide ordinance. She reviewed the terms of the proposed South San Francisco ordinance
as well as information she received at a County study session pertaining to a county -wide
ordinance. She further noted she would be participating in a County working group on the topic
that would be meeting for the first time tomorrow.
Assistant City Attorney Rosenberg noted pending cases that might impact the need for and/or
type of environmental review required for such an ordinance.
Councilman Mullin noted that the uniform County -wide approach had the dual advantages of: (1)
SPECIAL CITY COUNCIL MEETING JANUARY 17, 2012
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certainty for retailers and grocers; and (2) shared costs of environmental review among various
agencies.
Assistant Kennedy responded that in conversations with retailers and grocers, the general
preference is that something consistent be developed across the County so as to avoid a
competitive disadvantage across city lines.
Councilman Mullin expressed a preference for the County -wide approach so as not to put South
San Francisco retailers and grocers at a competitive disadvantage. He questioned how long the
County process was expected to take.
Councilwoman Matsumoto stated the County process would probably take some time.
Assistant Kennedy noted that no city on the Peninsula presently had such an ordinance.
Millbrae's City Council was set to consider one in the very near future, however.
Councilman Addiego suggested that the City take the lead on this issue so as to draw attention to
it on the County level.
Councilman Mullin questioned whether this would delay the County's efforts.
Assistant Kennedy responded she would have a better sense after meeting with County
representatives tomorrow. She requested general direction from Council on the issue in
preparation for the meeting.
Councilwoman Matsumoto noted she would like information as to how the costs of
environmental review would be shared.
Councilman Addiego suggested more realistic criteria for determining applicability than size of
store by square footage.
Councilmembers agreed the best approach would
bents consider
d County lm e urther when Assistant
Kennedy would be able to report back on developments
7. Adjournment.
Being no further business, Mayor Garbarino adjourned the meeting at 8:53 p.m.
Submitted: Approved:
/
.► , J. ichard arb
A. Garino, Mayor
i, City
City of South Sco City of South San Francisco
JANUARY 17, 2012
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