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HomeMy WebLinkAboutMinutes 2000-07-26 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING JULY 26, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 1. Call to Order 6:30 p.m. 2. Roll Call Present: Absent: Staff present: 3. Public Comments: None 4. Interview Applicant for Library Board (Cassette Tape No. 1) Councilmembers Gonzalez, Mullin and Penna, and Mayor Matsumoto Mayor Pro Tem Fernekes City Manager Wilson, Assistant City Manager Moss and Human Resources Director Bower Ms. Jacqueline Kay Olson responded to Council questions regarding her reappointment to the Library Board. 5. Discussion and Appointment of Library Board Member On the first ballot Council voted 4-0 to reappoint Ms. Olson to the Library Board. Motion-Penna/Second-Gonzalez: To reappoint Ms. Jacqueline Kay Olson to the Library Board, term expiring 6/30/03. Unanimously approved by voice vote. 6. Closed Session: Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Jennifer Bower for Confidential Unit Convened into Closed Session: Reconvened into Open Session: Report from Closed Session: 6:41 p.m. 6:56 p.m., Councilmembers Gonzalez, Mullin and Penna, and Mayor Matsumoto were present Mayor Matsumoto reported direction given/no action taken. 7. Adjournment Motion-Mullin/Second-Penna: Submitted by: Sylvi~/M. Payne, City C~rk City of South San Francisco To adjourn the meeting at 6:56 p.m. Approved by voice vote. Approved: ~~t~moto~, M~ayor 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 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. SPECIAL CITY COUNCIL MEETING JULY 26, 2000 MINUTES PAGE 2 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING JULY 26, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: ROLL CALL: 8:28 p.m. Present: Absent: PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS (Cassette Tape No. 1) Councilmembers Gonzalez, Mullin and Penna, and Mayor Matsumoto Mayor Pro Tem Fernekes Led by Mayor Matsumoto Given by Reverend Francisco Baltadano, Mission Espirito Santo Church BART Monthly Update - Ms. Jaymie Steen and Rick Teixeira Ms. Steen introduced Mr. Teixeira as the new BART liaison for South San Francisco. She informed Council that she will continue working for the BART/SFO project, but will be moving on to a different aspect of it in Millbrae. Mr. Teixeira updated Council on current and future construction activities in South San Francisco regarding the BART parking structure, ventilation system, and Colma Creek improvements. He invited Council to a tour on August 15, at 10:00 a.m. AGENDA REVIEW City Manager Wilson reminded Council that the Redevelopment Agency will reconvene for a joint meeting to consider Council Agenda Item No. 10 with Redevelopment Agency Item No. 5. PUBLIC COMMENTS: None ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Gonzalez reported on the recent death of Mrs. Lura Sellick, 1908-2000, a charter member of the Parks and Recreation Commission. He updated Council on the meetings and events he attended in the past two weeks, including a kindergarten readiness subcommittee meeting, and a San Mateo County Emergency Services special meeting to discuss the proposed modernizing of its radio communication system. (Cassette Tape No. 2) Mayor Matsumoto requested the meeting be adjourned in memory of Parks and Recreation Commissioner Emeritus Lura Sellick. Councilman Mullin reported that he attended the monthly meeting of the ABAG Executive Board that had a re-vote on the housing allocation formula, at the request of the City and County of San Francisco, that reaffirmed that the allocation will be on a 50-50 basis. Mayor Matsumoto announced that the City's General Plan received a State award for outstanding planning and comprehensive planning. She also announced that the Saturday Farmers' Market will be serving samples of grilled fruits and vegetables and urged residents to attend. CONSENT CALENDAR Motion to approve the minutes of the June 28 and July 12 regular meetings and July 12 and July 19 special meetings 2. Motion to confirm expense claims of July 26, 2000 Item removed from Consent Calendar, see below for discussion. Motion accepting Commercial Avenue Reconstruction Project as complete in accordance with plans and specifications Motion accepting Orange Avenue Storm Drain Line Project as complete in accordance with plans and specifications 5. Resolution No. 90-2000, adopting the revised version of the City's Emergency Plan Resolution No. 91-2000, adopting a budget amendment increasing the Fire Department's budget by $39,565.38 Resolution No. 92-2000, authorizing a Memorandum of Understanding with the Confidential Unit o Resolution No. 93-2000, adopting Section 1094.8 of the Code of Civil Procedure providing for expedited judicial review REGULAR CITY COUNCIL MEETING JULY 26, 2000 MINUTES PAGE 2 Councilman Penna requested Agenda Item No. 2 be removed from the Consent Calendar. Motion-Mullin/Second-Penna: To approve Consent Calendar Item Nos. 1, 3, 4, 5, 6, 7 and 8. Approved by voice vote. Consent Calendar Item No. 2: Councilman Penna asked for clarification on expense claims regarding garnishments, a self-insurance payment to Firm Solutions, and payments to San Mateo County for parking penalties, which staff responded to. Councilman Mullin requested information regarding a payment made to the School District for an easement on Junipero Serra Boulevard, which staff explained. Motion-Mullin/Second-Penna: To confirm expense claims for July 26, 2000 in the amount of $3,253,721.86. Approved by voice vote. PUBLIC HEARING 9. Resolution ordering the vacation of a 3,620 square foot portion of the easterly end of Forbes Boulevard, at its intersection with DNA Way Public heating opened. Staff report presented by Public Works Director Gibbs. Mr. Peter Yee, Genentech, Inc., stated his agreement with the staff report and explained the advantages that the bus shelter will provide. Councilman Gonzalez stated his appreciation for the recent tour Mr. Yee gave of the Genentech facilities. Mr. Yee extended the invitation to tour the facilities to all Councilmembers. Closed public heating. Motion-Mullin/Second-Penna: To approve Resolution No. 94-2000, approving the vacation of a 3,620 square foot portion of the easterly end of Forbes Boulevard, at it intersection with DNA Way. Approved by voice vote. ADMINISTRATIVE BUSINESS Mayor Matsumoto reconvened the Redevelopment Agency for a joint meeting. 10. Resolutions approving real property transfers with Robert and Kathleen Giorgi: a) Resolution approving the transfer of property located at 124 Linden Avenue to the Redevelopment Agency and entering into a Promissory Note with the Redevelopment Agency for said transaction REGULAR CITY COUNCIL MEETING JULY 26, 2000 MINUTES PAGE 3 b) Resolution approving the transfer of property located at 205 Baden Avenue from the Redevelopment Agency to Robert and Kathleen Giorgi (Referred to Redevelopment Agency) c) Resolution approving the transfer of property located at 124 Linden Avenue from the Redevelopment Agency to Robert and Kathleen Giorgi (Referred to Redevelopment Agency) Refer to Redevelopment Agency minutes for discussion. Motion-Mullin/Second-Gonzalez: To approve findings pursuant to Section 33433, related to the disposition of the property at 124 Linden Avenue and 205 Baden Avenue. Approved by voice vote. Motion-Mullin/Second-Gonzalez: To approve Resolution No. 95-2000, approving the transfer of property located at 124 Linden Avenue to the Redevelopment Agency and entering into a promissory note with the Agency. Approved by voice vote. (Recess: 8:58 p.m. - 9:21 p.m.) 11. Motion to approve ordinance amending SSFMC Chapter 11.68, Determination and Declaration of Prima Facie Speed Limits City Manager Wilson explained that the item is being considered under Administrative Business due to the concerns Councilman Penna expressed when the ordinance was introduced. Motion-Gonzalez/Second-Mullin: To adopt Ordinance No. 1274-2000, amending Chapter 11.68 of the South San Francisco Municipal Code Determination and Declaration of Prima Facie Speed Limits. Approved by roll call vote: AYES: Councilmembers Gonzalez and Mullin, and Mayor Matsumoto. NOES: Councilman Penna. ABSTAIN: None. ABSENT: Mayor Pro Tem Femekes. LEGISLATIVE BUSINESS 12. Motion to waive reading and introduce an ordinance deleting Chapters 10.10 and 20.37 of the SSFMC and adding new Chapters 10.60 and 20.101 relating to regulation of adult oriented business Councilman Penna discussed his skepticism whether the ordinance will accomplish its intent to limiting adult oriented businesses in South San Francisco since sales can be made over the internet or at drag stores. Chief Raffaelli stated that any business with profits over 30% in sales of adult oriented type novelties can only operate within the designated zoning area located in the East of 101 area. REGULAR CITY COUNCIL MEETING JULY 26, 2000 MINUTES PAGE 4 Councilman Gonzalez commented on how the internet has invaded the privacy of our homes. He further discussed the wording included in Page 2, Section 1, § (c), and City Attorney Mattas stated this was included to cover 1st Amendment rights, and has been required by the courts. Councilman Mullin stated his support for the ordinance and asked if the ordinance would pass muster if challenged in court and City Attorney Mattas stated it will. City Attorney Mattas further stated that this issue and its restrictions are evolving continuously by the courts. Mayor Matsumoto stated her support for the ordinance and complimented staff for their work. Chief Raffaelli stated that the ordinance is comprehensive and may be used as a model by the Law Enforcement Environmental Planning Association of California. Motion-Gonzalez/Second-Mullin: To waive reading and introduce an ordinance deleting Chapters 10.10 and 20.37 of the SSFMC and adding new Chapter 10.60 and 20.101 relating to regulation of adult oriented business. Approved by voice vote. ADJOURNMENT Motion-Penna/Second-Gonzalez: To adjourn the meeting at 9:45 p.m. in memory of Parks and Recreation Commissioner Emeritus Lura Sellick. Unanimously approved by voice vote. Submitted by: Sylvi/i/M. Payne, City Clerk City o'ff South San Francisco Approved: oto, Mayor 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 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. REGULAR CITY COUNCIL MEETING JULY 26, 2000 MINUTES PAGE 5