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HomeMy WebLinkAboutMinutes 1993-10-13Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes '-John R. Penna Robert Yee CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS .'--:oclamation - Emergency Nurses Day . .GENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM 10/13/93 Page 1 MINUTES City Council Municipal Services Building Community Room October 13, 1993 ACTION TAKEN 7:33 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Yee and Teglia. None. The Pledge was recited. Rev. Englund, Hillside Church of God, gave the invocation. PRESENTATIONS The Proclamation was not presented. AGENDA REVIEW City Manager Wohlenberg stated there were no changes to the Agenda. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Mayor Teglia made the following announcements: reinstatement of Youth In Government Day and a mock Council meeting will be held Wednesday, 11/10/93; Father Justin, All Souls Church, informed the Council of a special memorial mass on Tuesday, 11/2/93, at 9:00 a.m. for deceased employees; Recreation Department will have many Halloween activities on 10/27/93 and 10/30/93 in the Municipal Services Building; Cable TV will air C-Span 24 hours a day, however, C-Span2 will continue to be aired on a shared basis; the swearing in ceremony and changeover of Mayor and Vice Mayor will take place Tuesday, 11/23/93 and everyone was invited to attend. AGENDA ACTION TAKEN 35t (~OMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 8/25/93, Adjourned Regular Meeting of 8/28/93, Special Meeting of 9/8/93, Regular Meeting of 9/8/93, Special Meeting of 9/21/93, Special Meeting of 9/22/93, Regular Meeting of 9/22/93 and Ad- journed Regular Meeting of 10/5/93. Motion to confirm expense claims of 10/13/93. Resolution approving an agreement with AFSCME for the period of 7/1/93 - 6/30/94. t°- 0 o t~ A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MU- NICIPAL EMPLOYEES LOCAL 1569, UNIT A, FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1994 Resolution approving funding suggested by the Citi- zens Review Committee for Napolitana in the amount of $2,500.00 from the Downtown Commercial Reha- bilitation Program. ..~'0 · ~] A RESOLUTION APPROVING BUDGET RECOM- MENDATION FOR THE NAPOLITANA PIZZA IN THE DOWNTOWN COMMERCIAL REHABIL- ITATION PROGRAM Resolution approving agreement for a feasibility analysis for the No. Bayside Sewer Unit (NBSU) disinfection improvement project with Montgomery Watson in the amount of $48,200.00. ~-O <~ '7 A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR A FEASIBILITY ANALYSIS FOR THE NO. BAYSIDE SEWER UNIT (NBSU) DISINFECTION IMPROVEMENT PROJECT COMMUNITY FORUM Councilman Yee announced that the Historical Society's annual dinner will be held Friday night at the Ramada Inn. CONSENT CALENDAR Approved. Approved in the amount of $1,920,726.55. RESOLUTION NO. 128-93 RESOLUTION NO. 129-93 Councilman Penna did not participate. Removed from the Consent Calendar for discussion by Mayor Teglia. 10/13/93 Page 2 AGENDA ACTION TAKEN 357 CONSENT CALENDAR Motion to adopt an ordinance relating to appointments of Conference Center Authority Members and limit- ing contractual powers. .ffqO ~ 5'i67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AMENDING CHAPTER 2.78 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO APPOINTMENTS OF THE CONFERENCE CENTER AUTHORITY MEMBERS AND LIMIT- ING CONTRACTUAL POWERS 5. Resolution approving agreement for a feasibility analysis for the No. Bayside Sewer Unit (NBSU) ,_,_ disinfection improvement project with Montgomery Watson in the amount of $48,200.00. ~'-gS~ 7 A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR A FEASIBILITY ANALYSIS FOR THE NO. BAYSIDE SEWER UNIT (NBSU) DISINFECTION IMPROVEMENT PROJECT PUBLIC HEARINGS Public Hearing - To consider a proposed revision of the business license ordinance pertaining to junk collectors and to increase the annual license tax from $50.00 to 7% of gross receipts; Conduct Public Hear- ing; Motion to waive reading and introduce the ordi- nance. ~"'~3 -/'7 AN ORDINANCE AMENDING SECTION 6.26.060 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE LICENSE TAX FOR JUNK COLLECTORS CONSENT CALENDAR ORDINANCE NO. 1135-93 MIS Fernekes/Drago - To approve the Consent Calendar with the exception of Item No. 5. Carried by unanimous voice vote, with the exception of Item No. 4 - where Councilman Penna did not participate. Mayor Teglia questioned what the formula was based upon for cost sharing. City Engineer Von Dohren stated that it was based on correlation of tasks, however, it was not an exact formula. Councilman Yee stated he wanted that information in the future contained in the staff report. M/S Yee/Drago - To adopt the Resolution. RESOLUTION NO. 130-93 Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Teglia opened the Public Hearing. City Manager Wohlenberg stated this is an amendment to an existing ordinance which had been discussed during the budget as a revenue enhance- ment and did require a public hearing. Finance Director Margolis explained this would increase the business license fee for junk collectors 10/13/93 Page 3 AGENDA ACTION TAKEN PUBLIC HEARING I. Public Hearing - Continued. 10/13/93 Page 4 PUBLIC HEARING from $50.00 annually to a fee of 7% of gross re- ceipts and did not change the definition of junk collectors. She stated that the ordinance would be effective 30 days after adoption, however, the busi- ness license fee would go into effect until 1/1/94 and would affect the five companies operating under this category, who were informed of this Public Hearing. Mr. Robert Johnson stated he felt this particular tax or franchise fee was legitimate and the affected companies had been in S.S.F. for a number of years and would continue to be part of the revenue gener- ating companies for this City. Mayor Teglia stated that her understanding was that this was not a new franchise fee but a business license fee of 7% of gross receipts. Ms. Beverly Boblitt, 2204 Delvin Way, explained that she had been in this business for over twenty years since the death of her husband, a former Councilman. She said that she and the other opera- tors felt the City was being fair in this tax in view of the need for additional revenue and they accepted the tax. She stated she had picked up a copy of the staff report today and she and her partners resent the implication by the S.S.F. Scavenger Company that they are not legitimate, even thought the City Attorney's letter says they are and have always been legal. She spoke of AB 1209, which she felt could help the City by having the companies recycling cardboard, wood and other salvagables and urged the Council to see through the issues and encourage small busi- nesses such as their own. Mr. Tony Lattice stated that these debris box com- panies, as well as his own, offer their customers a tremendous service in wood processing and paper recycling. Mr. Bruce Wright, 262 Grand Ave., stated he was a Partner in Good & Fowler and they would celebrate their 50th anniversary this year. He stated that they had started recycling this year and can fill two bins a day. He stated that he had been approached by AGENDA ACTION TAKEN 355 PUBLIC HEARINGS I. Public Hearing - Continued. 10/13/93 Page 5 PUBLIC HEARINGS DBG Co. and had hired them to take care of th~ recycling and he did not want to be left with a com- pany that did not care about his recycling needs if this ordinance did not pass. Ken Cera, Esq. stated that he was representing these small companies that had been doing business in this City for many years and they were feeling under threat from a big company trying to put them out of business. He stated that the Council would hear a lot about what the law says, but they were not here to talk about the junk dealers but the law that is going to put a tax on recycling. He stated that this was a fairly substantial tax and, although many companies will have to pay for it out of their own pockets, they are willing to pay their share. He stated that, if they get to legal issues, he was willing to defend them on the basis that the compa- nies had operated legally for many years. Mr. Paul Formosa, S.S.F. Scavenger Co., stated that the Company had made their position clear on this issue to members of the Council and the staff by way of a letter in the packet. He related the following for the edification of the public: debris box companies can come in and provide their services and use the junk collectors category; if the Scavenger Co. had a junk collectors license they would not be under the scrutiny of the City for audits; the purpose of the ordinance and the franchise is to protect the health and safety of people and to protect the rate for the services; residential garbage service has been subsidized by the commer- cial service for years; negotiations in 1990 for a 10% rate increase had resulted in residential service having two cans with a discount that led to a subsidy from commercial rates; debris box companies were taking away their customers and they had been nego- tiating this with the Subcommittee for two years; during negotiations in 1977 the draft franchise al- lowed debris box companies to operate, which af- fected 80% of their business, the same arguments were made and the debris box companies were dropped from the draft; they had asked that the debris box companies be examined as to being junk collectors; the definition was to include that a junk collector is either paying for the materials or AGENDA ACTION TAKEN PUBLIC HEARINGS I. Public Hearing - Continued. 10/13/93 Page 6 36C PUBLIC HEARINGS picking up for free and not collecting for the service - that was his understanding; when they left the meeting in 1988 they asked City Attorney Armento what ordinance was on the books on junk collectors; Muni. Code 6.56 prohibited junk collectors to in- elude garbage, so it was never discussed after that; they discovered that the ordinance was repealed in Sept. of 1990 along with twelve other ordinances that were characterized as being out of date; his Company did not know it had been repealed; they objected to calling these companies junk collectors when they do the same service his firm does; a junk collector should collect scrap metal or big material without charge; if they charge for their services they are garbage collectors; they do not believe passing this ordinance is of benefit to them or the City etc. Mayor Teglia stated she served on that Subcommit- tee and her recollection was different than Mr. Formosa's and proceeded to refute his testimony: it was not true that the Subcommittee wished to give a break to people with two or three cans; the trucks rolled one time to pick up one, two or three cans and there needed to be a better rational and they told you to go back and reevaluate and build in your profit and that resulted in the people not being over- charged - which is different than giving them a break; the Company was trying to recover their costs; it was agreed that audits would be performed, but the Company begged off because of the comput ers; the Subcommittee did not press but the first time the franchise went into effect attention was turned to that to find out the cost for 2 or 3 cans etc. Councilman Drago questioned the prohibition in the ordinance on junk collectors and asked if it was repealed - why, and how did we get to dealing with this tonight. City Attorney O'Toole stated there was a definition in the Business License Code on junk collectors and the imposition of a business license tax and Muni. Code 6.56 prohibits collecting junk with garbage and that was repealed. He stated that he had not been able to find out the reasoning but the effect was to allow them to operate without that restriction. Mr. Formosa expressed further concern: they did AGENDA ACTION TAKEN ,PUBLIC HEARINGS I. Public Hearing - Continued. 10/13/93 Page 7 PUBLIC HEARINGS have the proposed contract that included language to operate as a debris box company and it was put in the final agreement; junk collectors should be col- lecting scrap or paper but not charging. Mayor Teglia stated that the negotiations had be- come so embroiled that the Subcommittee went with the status quo. Mr. Formosa stated that was true and after the meeting they had asked the City Attorney for copies of the various ordinances on junk collectors and, after reviewing them, felt the definition was clear; now the interpretation had charged and they could come in and perform the services we have been given an exclusive right to etc. City Attorney O'Toole read the definition of junk collector in response to Councilman Penna's request. Director of Finance Margolis stated that a franchisee does not come under the business license category. Discussion followed: definition of a scavenger; debris box collection should be without compensa- tion; repealed ordinance had a number of provisions prohibiting pickup and transport of garbage etc. Don Dowling, Esq. stated that he represented the Scavenger Co. and he wanted to make it clear that they do not oppose competition from recyclers for there were many companies that actively go out and contact commercial business and recycle wood, bottles and other things. He stated that this was permitted under the City ordinance, however, there is a definition of what recycling is and a presump- tion that for recycling to take place the person is not being paid to haul it away. He stated that the five companies were going out to the customers with a dumpster for collection and some of it is recyclable, but much ends up at Altamont Pass - that is what we object to. He continued citing his concerns: charging people to fill up a debris box is not recycling; the franchise agreement gives us the exclusive right to do that; Residential rates are affected by the revenue that the Scavenger Co. makes in debris boxes; debris box AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 10/13/93 Page 8 PUBLIC HEARINGS companies take revenue away from the Scavenger Co. when they have the exclusive right to collect the garbage; Scavenger Co. had paid well in excess of $500,000; when the agreement was entered into it was assumed there was a prohibition on recyclers with a mixed load; he had listened to the tape of the meeting where the ordinance was repealed and both Councilmember Drago and Councilmember Nicolopulos expressed concern over not knowing the specifics of the ordinances being repealed for all they saw were line items; City Attorney Armento said in essence these ordinance have been super- seded by the recycling ordinances; how was the City going to monitor the receipts and collect the revenue from the junk collectors; where were the safeguards as there were in the Scavenger Co. collections etc. Mayor Teglia asked if the Scavenger Co. had a problem with recyclers that come to the City and take material away free without charging the customer or about tallow being collected from res- taurants. Don Dowling, Esq. stated that he did not have a problem with the first and believed that the restau- rant was charged for picking up the tallow. Vice Mayor Fernekes stated he did not believe that tallow was considered solid waste. Discussion followed: you pay recyclers to take away rubber tires; Don Dowling, Esq. related that the big bad S.S.F. Scavenger Company was not trying to run people out of business; debris box operators indicated that S.S.F. is only 5% of their overall business; etc. Mr. Ken Serra stated it was not true that residential rates would go up do to their business operations because the City had to approve scavenger rates. He stated that they collect 10% of the amount col- lected by the scavengers. Mayor Teglia pointed out that nothing was changing with this ordinance except the rate. Discussion followed: how could they determine what a 5% gross receipts tax would yield; $50,000 a year revenue equaled $10,000 per junk collector; AGENDA ACTION TAKEN PUBLIC HEARINGS 7. Public Hearing - Continued. 10/13/93 Page 9 36 ,' PUBLIC HEARINGS one of the five companies was affiliated with the S.S.F. Scavenger Co.; changing the name from junk collector to recycler; it was noted that the S.S.F. Scavenger Co. did not have a problem with recyclers operating competitively, so why not change the ordinance where the recyclers have fran- chises with the City; there were a number of ex- ceptions in the ordinance in relation to the Scavenger's exclusive right to collect trash; Assem- bly Bill requires all communities to recycle 50% of their waste and the five companies feel they could help the City to help the environment by keeping material out of the landfill; junk collectors charge $50.00 a load because of their expenses for trucks and hiring employees, whereas the S.S.F. Scavenger Co. charges $100.00 and takes it to the landfill; every business had to have a garbage pickup and the junk collectors only take care of paper, wood chips, tires and other recyclables; debris boxes were also filled with garbage; the companies recycle metal, concrete and dirt; BFI was a subsidiary of the S.S.F. Scavenger Co.; etc. Mr. John Pugliaresi, 309 Hazelwood Dr., stated that he was an employee of a recycler and the Scavenger Attorney had related that they would lose $5,000,000 if this law passes, yet they don't earn that amount of money. He continued, they claim that the rates, would double and triple - which he felt was absurd. He stated that he made a survey of bedroom communities and the rates were $9.00 and up to $10.77 a month and it was a mandatory twice a month pickup. He stated that those cities had the same dump rates from BFI that this City pays and the same disposal rate as Blue Line Transfer. He stated that the total revenue for the Scavenger Co. is $80,000. There were 50,000 residents, another 5,000 or 6,000 served by front loaders and, if their rates would go up, he was sure that other companies would like to bid on the franchise. City Manager Wohlenberg also noted that the Coun- cil regulates the scavenger rates. He stated that the issue tonight is narrow enough that, if you chose to not adopt this, perhaps it should be further explored and the issues separated. He stated that if the tax was adopted there was no loss or gain. A~ENDA PUBLIC HEARINGS I. Public Hearing - Continued. 10/13/93 Page 10 A~!!Q~ TAKEN 364 PUBLIC HEARINGS Mayor Teglia commented that the ordinance should define recyclers. Don Dowling, Esq. stated that the $5,000,000 figure did include front loaders and debris boxes. Howev- er, you can't compare rates in other cities because Millbrae does not receive free yard clipping services - so there are variables in the cities. Mayor Teglia stated at the time of negotiations there were three cities and, pretty much what we did, they watched and adopted, then the two year discussions and the nine gallon can - that turned into two and three that a person paid more for than in Millbrae. She stated that part of the give-and-take in the nego- tiations was a 3 % profit margin for the scavengers, there was no guaranty and the City guaranteed them a 10% profit over the legitimate expenses of the Company. She stated the City gave in on the nine gallon can because they were facing the landfill and were trying to encourage them to recycle and the City walked away and didn't change the 10% profit etc. Discussion followed: Council had a letter in the file from the City Attorney on a test case in Palm Springs on whether a garbage franchisee has the exclusive right to recycling; City Attorney related specifics of the case etc. Mr. Colin Post questioned why residents were pay- ing recyclers to pickup material when they were selling it. Mayor Teglia closed the Public Hearing. Councilman Drago stated that the franchise fee pays for police services and allows the City to control the operations for the best interests of public safety by holding them accountable through audits. He stated that he was not supportive of this ordinance and wanted the definitions clear so the competition of the playing field was level. He felt that the rules should be the same in the 7 % fee, the audits being applied and paid for by the companies, and all City buildings are without AGENDA ACTION TAKEN PUBLIC HEARINGS 7. Public Hearing - Continued. PUBLIC HEARINGS charge. He questioned how the City could maintain control if this ordinance was passed, why the former City Attorney said repealing the ordinance was just a clean-up when it was on a matter that was negotiat- ed. Finance Director Margolis stated, as with other areas that have a gross receipts tax, the City has the ability to access the books and records of the compa- nies to assure that payment is made, however, it would be different than the S.S.F. Scavenger Co. where they pay for the audit. Councilman Drago stated that in the case of the hotels and the Transit Occupancy Tax we paid an auditor a percentage of the tax to go out and audit. He stated that the S.S.F. Scavenger Co. paid $25,000 and he feared that was going to be passed on to its customers. He felt that this ordinance could be easily challenged in Court and there was also the definition of recyclers discussed by both attorneys that is not settled. Discussion followed: that the City would only break even with the ordinance because the scavengers would pay less and the junk collectors more; Mayor Teglia felt this was a means to implement the 7% tax that the City had not had for twenty years be- cause the City needed the revenue due to the budget crunch; Councilman Penna stated the ordinance did not limit the amount of people that could come into the community and obtain the license and the City could end up with 125 companies that can cut their rates and undercut the scavengers; the franchise was a collective monopoly and the City controls the fees; what the $50,000 revenue estimate was based on; the community was being served by the fran- chise; getting $50,000 in revenue was not worth it if the City had to pay for the audit; Finance Director related that a staff member would do the audit; Vice Mayor Fernekes pointed out that the revenue this year would only be $25,000; Councilman Yee re- minded Council the question tonight was whether they were going to raise the rate and if the Council did not agree with the concept then the discussion was academic; a base should be shown so the City does not have 7% of zero; the other separate issue is whether it is garbage or recycling; could have a mandate that all businesses have garbage service and 10/13/93 Page 11 AGENDA ACTION TAKEN PUBLIC HEARINGS I. Public Hearing - Continued. 10/13/93 Page 12 PUBLIC HEARINGS let the five companies do what they want with the recycling whether people pay for it or not; City Attorney related that garbage service was mandatory and that would also allow that service from a junk collector; what was the problem with not changing the ordinance; if the City did not charge the junk dealers 7 % it was not being fair to the franchisee; Mayor Teglia pointed out that these five companies had been operating in the City for 15 years contrary to Councilman Penna saying this ordinance would bring in more companies; this difference between the scavengers and the junk collectors definition and their rates had been discussed for many years but it was only this year when the City had looked at ways to augment revenues that this ordinance had devel- oped along with other new fees; Vice Mayor Fernekes concurred with Councilman Yee on the two issues and with Councilman Drago on being uncomfortable with the ordinance; he would not support the ordinance until it came forward again with information on the issues discussed etc. Mayor Teglia related that for ten to twelve years the S.S.F. Scavengers have been trying to eliminate these people and they wanted the City to do it for them and the Council had refused. She stated that through those years anyone could have come in and gotten a license but there still remained the five companies and they have not been a problem other than to the S.S.F. Scavengers. She stated that she could show a letter you would find most interesting dealing with this, and they have every right to exist which has been recognized for over twenty years. She stated that they had given four options - one was to retain the status quo and allow the debris box companies to operate as in the past, to modify it and allow them to pay the scavengers, require a fee like the franchise fee and prohibit junk dealers or prohibit debris box com- panies from operating in the City etc. Councilman Drago asked, didn't we have a closed session and the next day we received a letter from the debris box companies about a public hearing. He questioned the confidentiality of the session. He stated that he had a few of those letters and his notes and he remembered the City Attorney getting a letter from an unidentified source to recall three AGENDA ACTION TAKEN PUBLIC HEARINGS I. Public Hearing - Continued. Public Hearing - Zoning Amendment ZA-93-84 and Negative Declaration No. 755 for Robert and Julie Strupeni to modify the SSF Municipal Code Section 20.06.160(i) to include a definition for "reverse cor ner lots" and Section 20.71.030 to reduce the depth 10/13/93 Page 13 PUBLIC HEARINGS Councilmembers - all of this was within twelve hours. He stated that he did not have a problem with the franchise but did have a problem with the term junk collector and he did not see how it could be en- forced either way because it was to open ended. Mayor Teglia asked if there were any amendments Councilman Drago could make. Councilman Yee suggested tabling the item to give Council time to give more thought to it because bringing it back won't solve the problem. City Attorney O'Toole stated that in the interim the debris box companies would continue to operate at $50.00 a year. City Manager Wohlenberg questioned if the Council wanted a study session to deal with the issues. Councilman Yee felt that a study session would be more appropriate in a different arena. M/S Yee/Penna - To not introduce the ordinance. Carried by majority roll call vote, Mayor Teglia voted no. A gentleman stated that he did not understand this at all. He stated he read what the Council did with the paramedics bill that stuck the people and now Mr. Penna is sitting there rejecting additional revenue. He stated that as a business person and a taxpayer he found objectionable what the Council just did. Mr. Frank Cvetovac stated it was absolutely incred- ible because it did not change the status because they had been in business for 22 years and questioned if the Council was trying to put them out of business. He stated that it was incredible that they were reject- ing a fee needed in the City. City Clerk read the title of the ordinance in its entirety. Mayor Teglia opened the Public hearing. AGENDA ACTION TA :EN PUBLIC HEARINGS Public Hearing - Continued. of the required rear yard setback from 20 feet to 15 feet in a R-1 Zone; Conduct Public Hearing; Motion to approve Negative Declaration No. 755; Motion to waive reading and introduce the ordinance. AN ORDINANCE ADDING SECTION 20.06.160 (i) (5) AND ADDING NOTE (q) TO TABLE 20.71.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO REVERSE CORNER LOTS PUBLIC HEARINGS Interim Director of Economic & Community Devel- opment Solomon stated that this ordinance would amend the Zoning Code to create a new 15 foot minimum rear yard setback for substandard reverse corner lots in the R-1 Zone. Ms. Julie Strupeni stated that they had asked for the amendment because they were interested in adding to their home for a family and planned to bring the home up to today's standards. She proceeded to elaborate on her 60' lot, the existing setbacks, enclosure, prohibition against going out ten addi- tional feet, the required separate detached garage would be without a setback and building an attached two car garage would encroach on the rear yard setback. She stated these were the reasons for the amendment. She stated that many homes were small and if the owners can't add on to make them liveable through adoption of the ordinance, then the City would be losing young people and revenue. Mr. Colin Post spoke of the asset to the neighbor- hood by allowing this addition through adoption of the ordinance. Councilman Penna felt that this amendment should apply also to 50' lots because we are looking at new development in the City with 15' setbacks and this should be expanded to read that all R-1 properties should have 15' setbacks. Interim Director of Economic & Community Devel- opment Solomon stated that it was possible to do that in a later ordinance, however, the matter would have to go back to the Planning Commission. Discussion followed: the garage would be 23' with a 15' setback; staff had been asked to look at R-2 zones with two houses on a lot which had still not come forth; there would be workshops in November with the Planning Commission; Mayor Teglia want- ed the process speeded up and have joint meetings with Council. M/S Penna/Fernekes - To approve Negative Declar- ation No. 755, to waive reading and introduce the ordinance. 10/13/93 Page 14 AGENDA ACTION TAKEN PUBLIC HEARINGS Public Hearing - Continued. ADMINISTRATIVE BUSINESS 9. Status report on Unreinforced Masonry Buildings (URMs). .5~0 ~ ~ PUBLIC HEARINGS Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Councilman Penna stated that he would not partici- pate or vote on this matter. Interim Director of Economic & Community Devel- opment Solomon stated that the report was in re- sponse to a request by Council for an update on staff and building owners activities on URM ordinance. He proceeded to relate the contents of the staff report: four buildings were removed from the URM list; three buildings have had retrofit construction; buildings at 450 East Grand have been demolished; 18 URM buildings remain; still working with three property owners to secure their engineering analysis; staff was working on the retrofitting of the two City URM buildings; looking at a number of aspects for the ordinance; working with County Recorder's Office to develop property recording procedures so when the building is sold it will enable the City to enforce the ordinance; in the downtown area there are no practical zoning incentives due to zero set- backs and the parking standards; property owners are finding it difficult to find financing to retrofit and for staff to come to grips and develop a program; loan program as being looked at from the redevelopment and housing setbacks on a pro rata basis that contains housing; a pooled loan program and spreading the risks across more banks that are interested in doing that etc. Mayor Teglia stated concern over the three property owners that had asked for an extension until Febru- ary of 1993 and yet compliance had not occurred. She wanted to go forward and move on the ordi- nance. Chief Building Inspector Baca stated the three own- ers had financial difficulty and staff had been coop- erating with the owners. He stated that they could work with the people or seek the City Attorney's Office for legal processing if that is the direction of the Council. Discussion followed: in one building there were three tenants and six units; the second was a restau- 10/13/93 Page 15 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS ;~. Status report - Continued. (Cassette No. 2) ITEMS FROM COUNCIL 10. Oral Committee Reports. 10/13/93 Page 16 374 ADMINISTRATIVE BUSINESS rant only; the third one deals with apartments; busi- ness was being carried on and there was occupancy yet the analysis had not been done; Council should advise the City Attorney on the means of enforce- ment and if they do not comply within 30 days staff will do whatever to gain compliance; staff had diffi- culties contacting the owners which included a language barrier; the property owners needed to be taught the severity of the problem; why redevel- opment funds could not be used for the third prop- erty owners; there was one property where the owner indicated he would prefer demolishing the building; the question was how the Council wanted the ordinance formed; the buildings were unsafe; the retrofitting was to be done in seven years or at the time of sale; inheritance would not trigger it unless money passed hands; staff planned to bring an ordinance forward in February etc. Mr. Alan Asker stated his understanding was that the death of a relative would not trigger retrofitting because money would not change hands and the other was to keep to the seven year timetable. He stated that the property owners had suggested the retrofit occur at the time of transfer and not include the death of a family member. Discussion followed: seven year time frame does not start until the ordinance was adopted, yet this had started three year ago; if buildings were not sound then retrofitting does not save lives; property owners had many years of collecting rents, so they should take out a loan, upgrade the property, charge triple rent and regroup etc. ITEMS FROM COUNCIL Councilman Penna reported on a Chamber of Com- merce meeting: shuttle service; business award; request for better signage because the turnoff was confusing between Grand and East Grand; wants the smoking ordinance ban expanded to the whole City which will include all bars and restaurants; etc. Mayor Teglia related: did not agree with the ex- pansion of the smoking ordinance; request from Recreation Commission Chairman for a joint meet- ing and asked the City Manager to schedule meet- ing; she had met with the Ministerium regarding the AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 11. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. ECALL TO ORDER: ITEMS FROM COUNCIL County Jail, as well as meeting separately with the Sheriff; appears Sheriff has some funds but if sales tax measure fails it won't continue; she wants a letter drafted to Sheriff asking his plans for the facility and where the money was coming from for the County Detention Center etc. Acting Police Chief Raffaelli related: talked to Sheriff who plans to open the jail 12/1/93 on week- ends and the funds would come from seizure and forfeiture; if Proposition 172 passes then he could not guaranty it; told him the City is against it being open as a full time jail etc. Mayor Teglia stated she wanted that in writing and wanted a firm commitment, otherwise this City will transport prisoners to Redwood City. Consensus of Council - To have a letter drafted to the Sheriff. Discussion followed: Councilman Yee wanted an agenda item, for a San Mateo resident to be on the Airport Commission; Mayor Teglia suggested stay- ing out of it and protecting our position; Councilman Penna agreed with the Mayor; Vice Mayor Fernekes agreed with Councilman Yee; Councilman Drago related that San Francisco would have to change its Charter; City Manager met with Mr. Turpin who would agree if San Francisco had a seat on the San Mateo Board of Supervisors; Councilman Yee wants a report from staff on what cities in this County made this request. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 11:32 p.m. to discuss litigation pursuant to GC 54956.9(a) Charito Antaran vs. City of S.S.F., property acqui- sition pursuant to GC 54956.8 on a vacant lot at the corner of Noor and El Camino Real. Mayor Teglia recalled the meeting to order at 11:50 p.m., all Council was present, no action was taken. 10/13/93 Page 17 AGENDA A~TION TAKEN 12. Motion to adjourn the meeting to Wednesday, 10/20/93, 7:00 p.m., City Council Conference Room, City Hall for discussion of: Presentation on Police reorganization; Congestion Management Plan; and a Closed Session pursuant to Government Code. ADJOURNMENT: M/S Drago/Fernekes - To adjourn the meeting to Wednesday, 10/20/93, 7:00 p.m., City Council Conference Room, City Hall for the purposes agendized. Carried by unanimous voice vote. Time of adjournment was 11:51 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco APPROVED. City of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, 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. 10/13/93 Page 18