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HomeMy WebLinkAboutMinutes 1993-09-22Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room September 22, 1993 331 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO SEPTEMBER 22, 1993 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 22nd day of September 1993 at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco,California. Purpose of the meeting: 1. Closed Session for the purpose of the discussion of personnel matters, labor relations with AFSCME, Local 1569, property negotiations and litigation. Dated: September 16, 1993 City Clerk City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations with AFSCME, Local 1569, property negotiations and litigation. Councilman Yee Arrived. ACTION TAKEN 6:13 p.m. Council Present: Council Absent: Drago, Fernekes, Penna, and Teglia. Yee. Council adjourned to a Closed Session at 6:14 p.m. in the Police Department Confernce Room to discuss the items listed. Councilman Yee arrived at the meeting at 7:05 p.m. 9/22/93 Page 1 AGENDA ACTION TAKEN .;ECALL TO ORDER: Mayor Teglia recalled the meeting to order at 7:58 p.m., all Council was present, no action was taken. RESPECTFULLY SUBMITTED, 'Barbara A. Battaya, City Cier~ City of South San Francisco ~f~PPROVED. Roberta Cerri Teglia, ~ltayor 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. 9/22/93 Page 2 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes ~lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room September 22, 1993 333 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS "-'roclamation National Adult Day Care Week - September 20-26, 1993 AGENDA REVIEW 5'0q7 ORAL COMMUNICATIONS Presentation - President Marilyn Klaren, Western TV Cable, on Cable Rate Increase ACTION TAKEN 8:00 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Yee and Teglia. None. The Pledge was recited. Rev. Adamson, Aldersgate United Methodist Church, gave the invocation. PRESENTATIONS Mayor Teglia read the Proclamation aloud and gave it to Mrs. Helen Cain, a caregiver, and Ms. Myrtle Engle, a participant. AGENDA REVIEW City Manager Wohlenberg stated there were no changes to the Agenda. ORAL COMMUNICATIONS Mayor Teglia stated that many people had read in the newspapers about the Federal regulation on reregulating cable companies and were concerned how that would affect their rates, so that was the reason for the presentation. Ms. Marilyn Klaren stated that Western TV Cable wanted to take this opportunity to explain the recent changes that took place wherein they had imple- mented changes to comply with the complex rules set forth in the 1992 Cable Act which contains over 500 pages of rules. She stated that she would address the three parts that have the most impact which are the must carry rules, transmission consent and rate regulations and then answer some of your concerns. 9/22/93 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 9/22/93 Page 2 334 ORAL COMMUNICATIONS She expounded on must carry rules: the rules caused a channel realignment on a system that al- ready was faced with channel capacity; the must carry rules mandated that we add four new local commercial broadcast stations to our current lineup regardless of programming content; each commercial broadcast station is assigned to an area of dominant influence and is entitled to carry Cable TV systems within that area; this presented a hug problem be- cause we had channel capacity for only two addi- tional stations; in addition those rules state that all commercial broadcast stations could request specific channel positioning that could be their FCC call letters or the channel on which they were on 7/19/85 or 1/1/93; to comply with these rules it required us to make a major channel realignment which is always an inconvenience to our customers because of the limited channel capacity of Western TV Cable; they are out of contract with C-Span and C-Span 2; rather than take C-Span off totally as other companies have done; they sacrificed twelve hours of revenue and put the two programs on a shared channel base and it had not been an easy decision. She continued to the next area of concern which was retransmission consent: under the 1992 Cable Con- sumer Protection and Competition Act a television operator is prohibited from carrying a broadcast signal without the consent of the local station; these commercial broadcasters have the option to choose between must carry or exercise their right to negotiate for retransmission consent; station owners can ask us to pay them for carrying or retransmitting their signal which is ordinarily free; only four sta- tions opted for retransmission with Western TV Cable which are 2, 4, 5 and 7; they had finalized negotiations with Channel 4 and 7 that resulted in our giving future channel capacity for new channel satellite networks being launched that are owned by the broadcast networks; negotiations on-going with Channel 2 and 5; these stations have been negotiat- ing with TCIs and the Viacoms and they had to look out for their customers and the Company because negotiations after the first of the year could lead to retransmission fees being passed onto our custom- ers; these local stations receive better signal quality through Cable bigger viewership and a correspond- ing increase in advertising revenue. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 9/22/93 Page 3 ORAL COMMUNICATIONS She stated information on the last part which was the rate reregulations: all Western TV Co. customers have received their new bills reflecting the rate changes that were effective September lst; the Cable Act required us to restructure our rates based on a benchmark set by the Federal Communications Commission; the rates were calculated based on this Form 393 and there are about forty pages of rules and regulations; the new bills are now based on the following changes in our rate structure which will cause our overall revenue to decrease by $.25 mil- lion; broadcast service is going from $14.70 to $12.40; additional outlets are going from $5.00 to no charge; standard converters go from $1.50 to no charge; addressable converters from $4.00 to $1.15; remotes from $4.00 to $.40; insulation charges from $60.00 to $29.90; new rate regulations, which we are required to implement, affected customers differ- ently based on how many outlets, converters and remote controls; approximately 7095 of Western TV customers saw decreases in their bills and only 3095 saw an increase; many customers may have noticed a proration on their September bills because we staggered our billing into three cycles; the next statement received will reflect the amount you will pay in the future. She stated that, regarding the Times newspaper arti- cle, it was very difficult to determine the validity of the article because they were comparing apples to apples rather than comparing channels currently carried and those added. She stated that there was no mention of whether the old rates were compar- atively priced or on the high side. She stated that their old rates were not the highest nor the lowest. She stated that it was low because they could subsi- dize that level of service from the revenues from additional outlets. She related: the new rules do not allow subsidizing; TCI is fifty times larger than her Company; they have 10.5 million customers and have interest in another 15 million more customers; Western TV Cable was the 33rd largest multi-system operator with 18,500 customers and does not have the buying power that TCI has for programs and purchasing equipment; TCI pays a third less in programming fees than Western TV Cable. AGENDA ACTION TAKEN _ ORAL COMMUNICATIONS .._COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Adjourned Regular Meeting of 8/2/93, Adjourned Regular Meeting of 8/5/93, Special Meeting of 8/19/93, and Special Meeting of 8/23/93. 2. Motion to confirm expense claims of 9/22/93. Resolution authorizing acceptance of Title I Library Services and Construction Act Award and approving budget amendment to the 1993-1994 Operating Bud-~.~ get. ~. 1 ,,9, t A RESOLUTION ACCEPTING A CALIFORNIA LIBRARY SERVICES ACT GRANT FROM THE CALIFORNIA STATE LIBRARY FOR $28,440.00 AND APPROVING BUDGET AMENDMENT NO. 94-1 TO THE 1993-1994 OPERATING BUDGET Resolution accepting funds from Aetna Health Plans Bay Pacific Donor-directed fund and authorizing a $12,000 budget amendment to the 1993-1994 Operat- ing Budget. _6'-/2. O 336 ORAL COMMUNICATIONS She stated that there were advantages in being a small company and felt they gave better customer services to the community in which they live and work etc. Discussion followed: the standard converter boxes are no longer available; pay per view TV was still available and a person came into the office and paid a process fee of $10.00 for the box; however, if the truck had to roll, it costs $29.90; there is a monthly rental fee for the box; basic monthly rate is $26.40; $12.40 fee for local broadcast service only; negot- iations with satellite service was different than the other channels; the City did not have the authority to determine the channels to be shown; there was popular support for C-Span; certification was only for the rates; the must carry rule applied even if the channel did not have viewership; whether Cable TV would resurvey the C-Span issue; during the fran- chise process looking into the channel selection etc. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,921,934.93. RESOLUTION NO. 124-93 9/22/93 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION ACCEPTING FUNDS FROM AETNA HEALTH PLANS OF CALIFORNIA FOR $12,000 AND APPROVING BUDGET AMEND- MENT NO. 94-2 TO THE 1993-1994 OPERATING BUDGET Resolution approving Citizen's Review Committee funding changes for the Fowler Building for the Downtown Commercial Rehabilitation Program. ~0~c~ A RESOLUTION INCREASING THE CDBG GRANT AMOUNT PREVIOUSLY AWARDED TO FOWLER BUILDING Resolution approving Citizen's Review Committee funding changes for the Fowler Building for the Downtown Commercial Rehabilitation Program. ~'0 A RESOLUTION INCREASING THE CDBG GRANT AMOUNT PREVIOUSLY AWARDED TO FOWLER BUILDING 337 CONSENT CALENDAR RESOLUTION NO. 125-93 Removed from the Consent Calendar for discussion by Vice Mayor Fernekes. M/S Yee/Fernekes - To approve the Consent Calen- dar with the exception of Item No. 5. Carried by unanimous voice vote. CDBG Coordinator Fragoso stated that this item was a supplement to the one that came before Council two months ago for the renovation of the Good and Fowler Building located on Grand Ave. She stated there was a special design for this building which originally was a historic building and over the years had lost its character. She stated several months back she had come to the Council for a $5,000 grant and a $50,000 matching grant for this project, after which the owners of the building had requested that a portion of their matching contribution be in the form of $25,000 worth of seismic work that they completed recently on the building. She stated that she had come before the Council four months ago with a recommendation for up to $25,000 being allowed to be used as part of the owner's matching contribution in seismic work. She stated, in response to Vice Mayor Fernekes, that this $25,000 loan would be paid back to the pro- gram in addition to the original allocation of $5,000 and $50,000. She stated that Council had allocated an additional $100,000 to the program that this request would come from and the other $5,000 came from funds available frOm previous years. 9/22/93 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR L Resolution - Continued. PUBLIC HEARINGS Public Hearing - To consider changes to the Master Fee Schedule affecting Police, Parks, Recreation and Community Service, Planning, Finance, Fire for non- resident paramedic fees and CPR training; Conduct Public Hearing; Motion to adopt the resolution. ~'3 7 A RESOLUTION AMENDING THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO 33B CONSENT CALENDAR Discussion followed: that the staff report should say where the funds would come from; two to three members were not at the meeting when the unani- mous vote was taken at the Committee meeting; $25,000 would come from the $100,000 allocation which would leave $75,000 in funds; why that infor- mation was not included in the staff report; that these were Federal funds; the matching funds were intended to provide encouragement to retrofit buildings; the money was not drawn down from HUD until spent; repaid loans come back to the City and are used for other programs, whereas grants are not repaid; that these were 0% loans and what was to prevent others to ask for loans of the remaining $75,000; there had to be a significant match before a loan of that size would be considered; that the first loan made was to the Metropolitan Hotel, how- ever the loan was not used for seismic work; the City would be giving credit for the seismic work even though it was on paper; request by Mayor for the City Manager to give an update on the seismic program at the next meeting. M/S Fernekes/Yee - To adopt the Resolution. RESOLUTION NO. 126-93 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Teglia opened the Public Hearing. Director of Finance Margolis explained the proposed master fee changes: planning fees intended to in- crease flexibility by providing for the use of con- tractor services; surcharge for the processing of EIRs for inside costs; charging for appeals of the Chief Planner's decisions; imposing a new charge for transportation of advanced life support provided to non-residents when transported within the City limits. Mayor Teglia stated that she would ask the Fire Chief to come forward and go back over the charges for paramedic fees. Director of Finance Margolis continued: a second new charge is the program fee for those who attend 9/22/93 Page 6 AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. RECESS: ...... ECALL TO ORDER: 9/22/93 Page 7 PUBLIC HEARINGS CPR classes provided by the Fire Department; in the Police Department the fees will provide that animal control charges shall equal the actual charges made by the County and the Humane Society under their agreement; Police fee for fingerprinting and report copying are being modified; cost for copies of the budget from Finance will be increased to cover printing costs and a new charge added for copies of the annual financial report; Parks & Recreation fees for classes, programs and facility use will be increased to meet the Council mandate of having revenue cover 50% of operating costs. She stated that the recreation fees are expected to generate an additional $88,000 per year, the non- resident paramedic fees will generate $30,000 this fiscal year and these revenues had been anticipated in the budget except for the paramedic fees - which would provide new revenue. Mayor Teglia declared a recess at 9:07 p.m. Mayor Teglia recalled the meeting to order at 9:14 p.m., all Council was present. Fire Chief Stark stated that the Fire Department took pride in having the lowest fee for paramedic service and supplies in the County. He stated that the aver- age bill from the County is $700.00, but this City subsidizes the service to keep it the lowest. He stated that because of the tight budget it was time to offset the cost but not go to the level where it would pay for itself, the plan was to fund the program 755 which was felt to be fair and equitable and still be below the County rate which could be as much as $1,000.00. He stated that staff had looked at the collection rate and the Medicare allowable limits and established the rate to recover 80% of the cost and, based on that, established rates to net the City 75% of the cost etc. Director of Finance Margolis explained that staff did encourage people to contact their insurance company or Medicare on their coverage and once payment was received from the insurance the individual was then billed for the balance owed. AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 9/22/93 Page 8 34O PUBLIC HEARINGS She stated that if the person could not pay the re- maining bill it was reviewed and sometimes it was forgiven depending on the needs of the individual. Mayor Teglia wanted the people to understand that the City could forgive the bill and did not want to put people in the poor house. Mr. Robert Stevens stated that he was shocked when he saw the proposed $465.00 which was up from the $200.00 fee and was a doubling of the charge. He stated that he had heard assuring comments made to the seniors, but there are a lot of seniors who won't admit they cannot afford the fee and gave an example: on Tuesday after the 4th of July his moth- er was not feeling well, took a cab and had a stroke because she was afraid of a $500.00 ambulance bill - and this is a 90 year old woman. He stated that the City is providing on-duty person- nel irrespective of whether there is a paramedic call etc. Ms. Patty Shelly stated she had listened to the President's speech and the stories of seniors had made her cry because of their choices of buying food or medicine. She stated that the seniors are having a hard time making ends meet and a lot of them cannot afford an ambulance, have a lot of pride and will not let you know they cannot afford it. She stated that she was appalled at the doubling of the price and questioned why the City assumed the insurance is going to pick that up. She stated that she worked in the insurance business and looked at charges for hospital and other services - they only pay 60 - 70% and some will not cover it at all. Mayor Teglia read excerpts from AARP President Ahlstrom's letter that urged the Council to establish a lesser fee because this was not in the best interests of the seniors. Mr. Jake Jones, 12 El Campo Drive, stated that he was a 53 year resident in S.S.F. and remembered when there were volunteer firefighters, and was happy with the paramedic program taking care of AGENDA fifi!!Q~ TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 9/22/93 Page 9 341 PUBLIC HEARINGS the residents. He stated he heard the Fire Chief compare our rates with the County - but that is a private contract and not comparable. He stated that our firemen are being paid for the call while on duty and there were a lot of people in the community who cannot pay the fee. He questioned what the actual cost for a paramedic call was for the person as the only cost is the vehicle because they are on duty and now you are going to turn around and double the fees to make up the shortage in the budget. He urged the Council to reconsider the vote from the last meeting that raised the resident fees for paramedic services. Discussion followed: the Council was only dealing with the non-resident paramedic fees tonight; no one was speaking against non-resident fees; Councilman Drago had been responsible for the original para- medic program being established and was concerned over what Medicare patients are paying; non- residents had not been paying different rates from the residents in the past etc. Councilman Drago stated that he did not have a problem with charging businesses for CPR training but did have a problem charging residents to learn CPR - for he felt that was an obligation of the Department. He stated that he would not support charging any residents to learn CPR. Discussion followed: request for staff to do a sur- vey of the past year where the City was reimbursed by Medicare for the service: staff could do a random sampling of how the fee was paid; 1/3 of the provid- ers are charging $1,000.00 for paramedic service; the Finance Director would compile the information within a month and come back to Council the first meeting in November; CPR training for residents could be done in any fire house; history of the billing program; Vice Mayor Fernekes concurred that the businesses should pay for CPR training and the residents not pay; Councilman Penna asked for an explanation of the fee to appeal the Chief Planner's decision; this would not apply to residents, AGENDA ACTION TAKEN ,_P_UBLIC HEARINGS Public Hearing - Continued. Public Hearing - Report of Housing and Urban De- velopment on CDBG 1992-93 Grantee Performance; Conduct Public Hearing; Motion to approve submittal of Report to the Department of Housing and Urban Development. ,fi'-O ~ ~] PUBLIC HEARINGS only to non-residents as a processing fee; Council- man Penna was concerned about charging for people to come up and appeal a decision when they pay taxes, provide jobs, and produce revenue for the City; charging a $200.00 fee removes the right of the person from coming forward and speaking to the Council; staff presented this as a means of re- couping the costs and discouraging frivolous ap- peals; there is a separate appeal process for Planning Commission decisions; Councilman Yee felt there were situations in the zoning that are in conflict to begin with and wanted to see those defined and see what is justified - whether the individual resided in the City or not; Councilman Penna remembered cases where an appeal was justified; this was penal- izing a person for not agareeing with you; Council man Drago suggested refunding the fee if the appli- cant was right; to not distinguish between residents and non-residents paying the fee etc. Mayor Teglia closed the Public Hearing. Consensus of Council - To charge a $200.00 fee for appeals of the Chief Planner's decisions but to not distinguish between residents and non-residents. Consensus of Council - To exempt CPR training charges for residents. M/S Fernekes/Yee - To adopt the Resolution with the noted changes. RESOLUTION NO. 127-93 Carried by unanimous voice vote. Mayor Teglia opened the Public hearing. CDBG Coordinator Fragoso gave the staff report and described the HUD requirements. Mayor Teglia invited those wishing to speak to step to the dais - no one did and she closed the Public Hearing. Discussion followed: on the unexpendexl amount for the fiscal year; usually $200,000 to $400,000 carried over; balance is $634,000; total of $1.2 million in funds available. 9/22/93 Page 10 AGENDA ACTION TAKEN 343 PUBLIC HEARINGS Public Hearing - Continued. ADMINISTRATIVE BUSINESS o Motion to adopt the traffic study recommendation to require installation of a loading zone along the south side of Hazelwood Drive to accommodate tractor trailer parking for Smart & Final. ,,,~0 ~ c~ PUBLIC HEARINGS M/S Penna/Yee - To approve submittal of the report to the Department of Housing and Urban Develop- ment. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Interim Director of Economic & Community Devel- opment Solomon stated that as a condition of ap- proval a traffic study was made to improve traffic circulation on the adjacent streets. He stated that the traffic study recommends Council require installation of a loading zone along the south side of Hazelwood Drive to accommodate tractor trailer parking and another along the north side to accommodate small delivery trucks. He stated that the report looked at two groups of improvements to the intersection of Hazelwood and El Camino and also to Kenwood and Hazelwood. He proceeded to relate the staff report in detail: widening Hazelwood Drive to add an exclusive right turn lane; improvements of from $100,000 to $200,000; Kenwood Way Closure; impacting the residential area; improving the timing of signals at El Camino and Hazelwood to make it easier for the cars to cross which requires cooperation with Caltrans; size and location of truck loading zones; prohibiting pedestrians on the narrow sidewalk, etc. Discussion followed: possibility of widening the sidewalk so it is safe; that had not been considered; the sidewalk going east and west of the City parking lot was only two feet wide and a barrier was being suggested; Schumacher School of Dance protests the use and its further generation of traffic and would jeopardize the safety of their 500 children enrolled in the school etc. Mr. Tony Khorozian, 209 El Camino, stated that every shop has ten to twelve customers who are parking on the street rather than in the parking lot. He questioned how many feet were in the loading zone because the street was tight already with traf- fic. He stated that these people are wholesalers and questioned the amount of money the City would get 9/22/93 Page 11 ADMINISTRATIVE BUSINESS 3. Motion - Continued. 9/22/93 Page 12 ADMINISTRATIVE BUSINESS from sales tax to have all of these problems. Mr. John Ballas, 173 Northwood Dr., cited his concerns: that the size of the street is 40' across and if you park a big rig on the corner it extends out into the street and the bus doesn't have room; driving a truck over the curb when this is City property and there was potential liability if someone gets hurt; fork lifts not being stable; the area was already congested without this use; his paying more tax to the City than this use would produce, so why have it; who would pay for damage to the streets etc. Ms. Katherine Bartolotti, 156 Hazelwood, stated she represented Schumacher's who had a further prob- lem on Saturday with congestion from people going to the stores and the students and parents have great difficulty parking and have to park on the streets even without this use. Mr. Matt Heslin stated that he was speaking for the applicant who had paid for the traffic study with the consultants hired by the City. He stated that they were of the opinion that to alleviate the problem would require a loading zone, but other than that it was just a matter of the use permit being approved. Mr. David Gaoni, Smart & Final, urged the Council to adopt the traffic study because they were willing to comply and move forward and be in the commu- nity. Mayor Teglia expressed concern: the main problem was the deliveries; the trucks not clogging up the street and causing congestion with the residents and shops; whether something could be done with the 1940s building structurally; to enlarge the loading zone so it is not on the street; etc. Discussion followed: if it were a new supermarket they would have to back into the loading dock; the opportunities were limited on this building; Hazelwood was not wide enough to make the turn; narrow sidewalk; moving the curb in and provide additional room for the trucks; should accept or reject report or offer a modification; City could recall the use permit but must identify issues and problems; Mr. Heslin felt the City was asking for AGENDA ACTION TAKEN 345 ~DMINISTRATIVE BUSINESS Motion - Continued. (Cassette No. 2) RECESS: RECALL TO ORDER: Motion to authorize hiring for special Public Works programs, and policy direction regarding potential new City revenue sources. ~5~"/Y_. ADMINISTRATIVE BUSINESS a blank check because a traffic controller is expen- sive and the costs could be a million dollars; staff should come up with improvements to traffic circu- lation with a means to insure the improvements; work that should be done should cover loading zones, right turn lane, and closing Kenwood at Hazelwood; should have a letter of credit; uncom- fortable with only one year to correct deficiencies; Councilman Yee asked the City Attorney to compose the motion because it was a legal matter, etc. M/S Yee/Drago - To adopt the engineer's report that is before you and to reserve the right to recall the use permit if evidence produces itself that they are causing parking problems that need to be miti- gated and at the time the use permit is recalled to impose the conditions that the Council discussed: the installation of a right turn at El Camino; the improvements that will be necessary to close Kenwood Way; the improvements that will be neces- sary to widen a portion of Hazelwood to accommo- date the off-loading of trucks; as a further condition of approval, that some type of security - be it a letter of credit or CD deposit that is acceptable to the City Attorney in form, be submitted in an amount that is approved by the City Engineer as the engineer's estimate to complete the Council directed improvements. Mayor Teglia stated that she continued to be very much opposed to this use at this location and again wanted to clarify this was not what they were con- sidering this evening because that decision had already been made by a majority of the Council. She stated that she would support this but does not support the location of that business in that area. Carried by unanimous roll call vote. Council declared a recess at 11:30 p.m. Mayor Teglia recalled the meeting to order at 11:40 p.m., all Council was present. City Manager Wohlenberg spoke of Council discus- sions and direction on filling several positions to further expanded proposals in the budget and gave further direction on revenue options. He stated that the positions involved the Stormwater Management 9/22/93 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS }. Motion - Continued. 9/22/93 Page 14 ADMINISTRATIVE BUSINESS Program, Waste Minimization and Aircraft Noise Insulation. He stated there were two positions in the Stormwater Management Program - a Coordinator and a Source Control Inspector who would be shared by San Bruno and he was suggesting that the employee formerly in the eliminated position of Assistant to the City Manager be offered the Coordinator posi- tion which is lower than the previous position's salary. He stated that the two positions for the Aircraft Noise Program had been discussed as being contract positions which needed to be authorized by Council otherwise it would be limited grant funded positions. Discussion followed: there would be three new positions in the Public Works Department; Council did not have a problem with those positions; revenue enhancements; sidewalk repair and whether the people on the list should be grandfathered in; other cities had problems implementing the sidewalk repair program being at the owner's expense; if a street tree damages a sidewalk the City should pay for it; if a car damages the sidewalk the owner should pay; if the City causes the problem it should pay; in the past the Street Department had latitude in determining if the City caused the problem and its settlement; suggestion to have three policies - City at fault and pays, home owners responsible - he pays and others being matching funds where both pay; encroachment permits; whether repairs be done by City crews or outside contractors; create an ordi- nance covering sidewalk repairs and if not paid place a lien on the property; if the City has notice of a defective street and someone is hurt then the City is responsible; without notice the City is not liable; if a property owner calls the City reporting that the sidewalk outside of his home is in disrepair then the City would do the repairs and charge the property owner 50 % of the charge; concern over people who could not pay; to apply the same principle for para- medic bills for people who could not pay; street crews are already employed by the City, so what is the cost; driveways are the responsibilities of the home owners; whether the improvement of curb and gutters were being separated out of the program; Councilman Yee felt that curbs and gutters were the AGENDA ACtiON TAKEN 347 ADMINISTRATIVE BUSINESS ~. Motion - Continued. LEGISLATIVE BUSINESS 10. Motion to waive reading and introduce an ordinance relating to appointments of Authority Members and limiting contractual powers. .fi"~/-/ 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 AUTHORITY MEMBERS AND LIMITING CONTRACTUAL POWERS ITEMS FROM COUNCIL 11. Oral Committee Reports. ADMINISTRATIVE BUSINESS City's responsibility if they are not one with the sidewalk etc. M/S Penna/Fernekes - To authorize hiring for spe- cial Public Works projects. Carried by unanimous voice vote with the exception of a no vote by Councilman Drago on the Storm- water Management Program. Discussion followed: staff should come up with a policy on sidewalk repairs; there would be problems if City crews were not used; staff to get more infor- mation on present policies on curbs and gutters as to who pays; expanded amusement tax; looking at business license tax at movie theaters and video rentals; looking at gyms and their membership lists; shouldn't single out businesses with gross receipt tax - instead it should be a fiat rate for all; effect tax on square footage rather than gross receipts; staff to come back with information; fire service fees; per- mit issuance fees; Councilman Drago disagreed because the fire inspections are mandatory; Fire Code allows 40 different permits; staff to develop information. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Teglia stated that the staff report was straight forward and Council and requested a Mo- tion. M/S Drago/Penna - to waive reading and introduce the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL Vice Mayor Fernekes related: attended Legislative Committee meeting Saturday; there was a request to the S.F. Board of Supervisors that a San Mateo resident be placed on the Airport Commission; request to write letter to Governor to veto SB53 on pension spiking. 9/22/93 Page 15 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 1. Oral Committee Reports - Continued. CLOSED SESSION 12. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. 13. Motion to adjourn the meeting to Tuesday, 10/5/93, 7:00 p.m., Municipal Services Building Community Room, 33 Arroyo Drive for a study session with the Planning Commission on the East of 101 Area Plan and EIR, and a Closed Session pursuant to Govern- ment Code. ADJOURNMENT: ITEMS FROM COUNCIL 34B Councilman Drago stated that he was against the veto. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Penna/Fernekes - To adjourn the meeting to Tuesday, 10/5/93, 7:00 p.m., at the Municipal services Building Community Room, 33 Arroyo Drive for the reasons stated on the Agenda. Carried by unanimous voice vote. Time of adjournment was 12:25 p.m. ESPECTFULLY SUBMITTED, l}arbara A. Battaya, City City of South San Francisco APPROVED. Roberta Cerri Teglia,~ ity 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. 9/22/93 Page 16