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
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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
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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
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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
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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