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HomeMy WebLinkAboutMinutes 2002-10-09MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING OCTOBER 9, 2002 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:45 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Femekes, Green, and Matsumoto, Mayor Pro Tem Gonzalez and Mayor Mullin Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Mullin INVOCATION: Reverend John Cantley, Grace Covenant Church PRESENTATIONS · Proclamation - Fire Prevention Week, October 6-12, 2002: Proclamation presented to Deputy Fire Chief Phil White by Mayor Mullin. · Proclamation - Recreation Supervisor John Wong. Proclamation presented to Recreation Supervisor John Wong by Mayor Mullin in recognition of his commitment to the game of tennis and for being invited to officiate at this year's Tennis Masters Cup Games in Shanghai, China. · Day in the Park, September 21, 2002 - Councilmembers Femekes and Matsumoto presented a "Certificate of Recognition" to Day in the Park Coordinator Wenda da Cunha. Councilmember Femekes highlighted the day's activities with a visual presentation. AGENDA REVIEW Mayor Mullin announced that Agenda Item No. 8 will be continued to October 23, 2002. PUBLIC COMMENTS Mrs. Sophie Mason, 10 Arlington Drive, asked for clarification on Agenda Item No. 6 and if the traffic signal project is being delayed. Mayor Mullin suggested the item be pulled from the Consent Calendar for the staff report to be presented. ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Green briefly reported on Day in the Park and that he enjoyed the event. Mayor Pro Tem Gonzalez reported that he attended the ribbon cutting ceremony for Advanced Learning Technology at Skyline College, participated in Coastal Clean-Up Day along Littlefield Avenue, visited seniors at Jefferson High School to encourage students to register to vote, attended the Board and Commission's Recognition Brunch, and the Community Preservation Task Force meeting. Councilwoman Matsumoto reported that she attended the Chamber's General Membership Luncheon with guest speaker County Supervisor Jerry Hill, the CCAG's Bikeways Pedestrian Advisory Committee meeting, and the Water Transit Authority meeting on locating a terminal in San Mateo County. Councilman Femekes reported that he attended the Chamber's General Membership Luncheon and announced that the Historical Society's annual dinner is October 18. Mayor Mullin reported that he attended the Bay Bio (the Bay Area Bioscience Center) grand opening celebration yesterday, and spoke before the North San Mateo County Leadership Forum at Skyline College on airport issues. CONSENT CALENDAR Motion to approve the minutes of the September 18 and 25 special meetings and September 25 regular meeting 2. Motion to confirm expense claims of October 9, 2002 in the amount of $2,200,493.35 o Motion to adopt Ordinance No. 1316-2002, amending Chapter 20.71 of the South San Francisco Municipal Code related to front, rear and side yard regulations Resolution No. 88-2002, accepting funds from the Califomia Law Enforcement Equipment Program for technology in the Police Department in the amount of $49,015 o Resolution No. 89-2002, accepting funds from the Supplemental Law Enforcement Services Fund Program in the amount of $121,165 Resolution amending the FY 2002-2003 Capital Improvement Program Budget to include the E1 Camino Real/Arlington Drive Traffic Signal Project Item pulled from Consent Calendar, see below for discussion. Acknowledgement of proclamations issued: Genentech Goes to Town, September 17, 2002 Mayor Mullin requested Item No. 6 be pulled from the Consent Calendar. Motion-Green/Second-Femekes: To approve the Consent Calendar with the exception of Item No. 6. Approved by voice vote. Abstain: Councilman Green, Item No. 1, minutes of September 25. REGULAR CITY COUNCIL MEETING OCTOBER 9, 2002 MINUTES PAGE 2 Item No. 6: Staff report presented by Public Works Director Gibbs. In response to Mayor Mullin's question regarding the cost-sharing agreement, Director Gibbs indicated that the City would still be participating in the agreement even if the City had not initiated the project. Mrs. Mason stated that her concerns had been addressed regarding the project going forward next summer. Motion-Femekes/Second-Matsumoto: To approve Resolution No. 90-2002, amending the riscal year 2002-2003 Capital Improvement Program budget (No. 03-5) to include the E1 Camino Real/Arlington Drive Traffic Signal project and appropriate $10,000 in order to establish a budget for coordination efforts. Unanimously approved by voice vote. PUBLIC HEARING Hearing to consider negative declaration for the East of 101 Traffic Fee; motion to continue to the regular meeting of October 23, 2002 Motion-Gonzalez/Second-Matsumoto: To continue consideration of the negative declaration for the East of 101 Traffic Fee to the regular meeting of October 23, 2002. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 9. Resolution extending the term limits of Housing Authority Commissioners Staff report presented by City Attomey Mattas. Although realizing that the Housing Authority is a difficult commission to recruit, Mayor Mullin reiterated his concern that extending the current two-term limit to four- terms is excessive and that he believes in rotation. He stated his vote will be consistent with his prior vote on this issue. Motion-Femekes/Second-Green: To approve Resolution No. 91-2002, extending the term limits of Housing Authority Commissioners from two consecutive terms to four consecutive terms. Approved by the following roll call vote: AYES: Councilmembers Fernekes, Green and Matsumoto, and Mayor Pro Tem Gonzalez. NOES: Mayor Mullin. ABSTAIN: None. ABSENT: None. LEGISLATIVE BUSINESS 10. Consideration of consumer information privacy legislation: a) Waive reading and introduce an ordinance adding Title 6, Chapter 50 to SSFMC regulating the disclosure of confidential consumer information by financial institutions; REGULAR CITY COUNCIL MEETING OCTOBER 9, 2002 MINUTES PAGE 3 b) Resolution supporting adoption of statewide legislation requiring consumer authorization for disclosure of consumer financial information Staff report presented by City Attorney Mattas. Mayor Mullin, noted that the scope of coverage of the ordinance is not as extensive as the ordinances adopted by Daly City and San Mateo County, and asked for clarification on the commerce clause. City Attorney Mattas stated that the ordinance would only cover those who live in or operate a business in the city. Councilwoman Matsumoto stated she supports the concept, but at this time is inclined to just support the resolution. She stated her concems, asked for clarification of the pros and cons of the options as listed in the staff report and noted limitations of the proposed ordinance. She stated her concerns include litigation fees. Mayor Mullin further discussed litigation expenses and advised that Council has the option to decide the degree of involvement in legal actions brought against the City. Councilwoman Matsumoto asked for clarification on the penalty fees and the process for implementing the ordinance. She suggested the level of the City Attorney's involvement be specified in the ordinance. Councilman Green stated he could not support the option of introducing an ordinance and then tabling it, but he would support a resolution in support of state legislation. Mayor Pro Tern Gonzalez asked for clarification on the ramification of approving the resolution, which City Attorney Mattas explained is an expression of Council policy and there would be no basis for a court challenge. Mayor Mullin stated his support for the second option as stated in the staff report, the thorough analysis made by the City Attomey, and felt it was the right thing for Council to do. He further stated that this is a high-profile issue that will be back before the governor's office and legislature next year. Councilman Femekes announced that on the advice of counsel he was stepping down from his seat and not participating in the discussion as he serves on the board of directors for a local credit union. Mayor Mullin suggested the options be considered in the order of strength (Option 2, Option 1, then Option 3). He stated he could not support the resolution if Option 1 or 2 fails, as the resolution will not have any merit if an ordinance is not introduced. Mayor Mullin requested Council consider Option 2. Motion-Mullin: Waive reading and introduce an ordinance adding Chapter 50 to Title 6 of the South San Francisco Municipal Code related to consumer financial information privacy requirements and direct staff to place the matter on the next agenda for adoption. The motion failed for a lack of a second. REGULAR CITY COUNCIL MEETING OCTOBER 9, 2002 MINUTES PAGE 4 Mayor Mullin requested Council consider Option 1. Motion-Gonzalez: Waive reading and introduce the ordinance adding Chapter 50 to Title 6 of the South San Francisco Municipal Code related to consumer financial information privacy requirements and direct staff to not place the matter on the City Council agenda until a court has ruled that local governmental agencies are authorized to adopt such an ordinance. The motion failed for a lack of a second. Mayor Mullin requested Council consider Option 3. Motion-Matsumoto/Second-Green: To approve a resolution expressing the City of South San Francisco's support for State legislation imposing similar consumer financial privacy obligations on a statewide basis. The motion failed by the following roll call vote: AYES: Councilmembers Green and Matsumoto. NOES: Mayor Pro Tem Gonzalez and Mayor Mullin. ABSTAIN: Councilman Femekes. ABSENT: None. Councilman Fernekes returned to his seat. CLOSED SESSION 11. Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Bower on Operating Engineers' negotiations Time entered into Closed Session: Time reconvened into Open Session: Report from Closed Session: ADJOURNMENT 8:59 p.m. 9:37 p.m., all Councilmembers present. Mayor Mullin reported direction given/no action taken. Motion-Femekes/Second-Green: To adjourn the meeting at 9:30 p.m. Unanimously approved by voice vote. Submitted by: · Payne, City C~erk City of South San Francisco ~ (ff.,i'ty of South San Francisco REGULAR CITY COUNCIL MEETING OCTOBER 9, 2002 MINUTES PAGE 5