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HomeMy WebLinkAboutMinutes 1995-09-27 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes '--Iohn R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room September 27, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Proclamation - Adult Literacy Month AGENDA REVIEW City Manager Wilson Requested: - Delete 8 and 13 from the Agenda. - Applicant asked to continue Item 12 to 10/11/95, so Council needs to open the hearing and continue the item. ORAL COMMUNICATIONS ACTION TAKEN 7:30 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Perma, Teglia and Yee. Council Absent: None. The Pledge was recited. Lay Minister John Cantley gave the invocation. PRESENTATIONS Mayor Yee read the Proclamation aloud and pre- sented it to Ms. Leslie Shelton, Project Read, and Library Boardmember Carol Lefcourt. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Pat Burke, 1700 El Camino Real, gave a transit update: BART is proposing an Alternative C; SamTrans and the Joint Powers Authority are work- ing on the upgrading of Caltrain with an Airport station which is paid for except for the extension from S.F.; in order for BART to go on they need to receive more money and if the Federal Government won't pay, then it will be paid by the people of San Mateo County. Mr. Bob Stevens, 2435 Tipperary, related: he was an avid Council watcher; only comes to meetings to address the Council personally; he watched Council put the cardroom issue before the voters, and the 9/27/95 Page 1 AQENDA A~I!QN TAKEN ORAL COMMUNICATIONS 9127/95 Page 2 ORAL COMMUNICATIONS voters spoke eloquently and the message - there is no gambling wanted in S.S.F.; he proposed Council ban all forms of gambling within the City limits in accordance with the wishes of the voters and he strongly wished the Council pass such an ordinance. Ms. Patty Shelley, 2435 Tipperary, stated she was interested in looking at an area of service going down because there is no money to pay for it. The Council balanced the budget, but at what cost, she wants to see something come in and bring in money - not more warehouses for we need income and would like to see that happen. Mr. Al Waters, 2266 Shannon Dr., stated he wanted to see a spirit of cooperation with the citizens of Westborough. He asked the Council place on the agenda for the next meeting for the City Attorney to assist Westborough residents in getting a petition to dissolve the Westhorough Water District. He spoke of a package he had given Council: a letter to LAFCO and he had met with the Westborough Water District and they had told him to shut up which he felt was an insult coming from a public official; he went to the Council, Board and residents to ask them to intercede; 58% of the peo- ple in his precinct want to dissolve the District; most people remember when the District was started and feel they have been had; at the last meeting attended it was said that the sewers are pumped five plus miles uphill; close to a million dollars is spent and we can't get community needs serviced for seniors and the youth in Westborough; he realized that the Board can pass a resolution and do it, LAFCO is going to act on the sphere of influence and rule on whether a special district should exist and we are saying it should not, it is duplicating City services; Monte Verde and San Bruno pay half the costs; water and sewage is being pumped down- hill; the District has a six million dollar reserve; the Grand Jury recommended that the District be dissolved, but the County and the City swept it under the rug; he again asked for a spirit of cooper- ation from the Council; etc. Discussion followed: this would take the City Attorney time to research and forward an informed ORAL COMMUNICATIONS 9/27/95 Page 3 ACTION TAKEN .. 318 ORAL COMMUNICATIONS decision and would like to make sure he has a consensus of opinion of Council to compile the information; if there is a LAFCO opinion coming forth Council can purview that document before going through an analysis; there should also be an engineering viewpoint as to the condition of the Westborough plant so we know there is transmis- sion, servicing and outfall issues are addressed, so a study is important, as well as the funding; if the Board is interested the Council may want to autho- rize the funds to make an informed decision on the facts; this has been an issue for a number of years, but there is a legal structure - jurisdiction, the City of S.S.F. does not have jurisdiction with respect to water and sewage; there is a legal entity, the Board, which the residents vote for and if the people want it dissolved, then they must take the steps themselves and Councilwoman Teglia thought the Board would provide that means; fifteen years ago it was one matter even thought the gravity was better than pumping over the hill and the lines replaced, but the Plant needs capacity and the people would have to pay for it and that may be a larger bill than it is now; a decision must come from the jurisdiction that collects the taxes and the City has not been ap- proached by the Board of Directors whose responsi- bility it is to run the District; Mayor Yee wanted the City Manager directed to write a letter to the Board asking for comment on the question; Councilwoman Teglia suggested sending the Mayor to the Board to find out in a definitive way; Vice Mayor Drago wondered if it was possible to send a letter to the Board advising them of the City's study and see if they want to be part of that study, estimate the cost of their participation and give them 20 days to re- spond; City Manager Wilson has been in touch with the Board and they are not going to participate in an expanded study; Vice Mayor Drago still wants to give the Board some kind of a cost estimate and then when the Council knows the capacity of the plant we will know if they are going to take part in the study; Mayor Yee suggested that he and the City Manager meet with the Board of Directors; etc. Ms. Patty Shelly, Westborough Water District Board of Directors, related: the Board has a nonbreakable agreement with the North San Mateo Sanitation District; the Plant's capacity is fine and there are no problems; the overall issue is what would be the AGENDA ACI!QN TAKEN ORAL COMMUNICATIONS 9/27/95 Page 4 3%9 ORAL COMMUNICATIONS final cost to the people; she knows what the tax bills are because she lives in Westborough; what is being suggested is almost overwhelming in capital im- provements which the people will pay for and she did not know if she wanted to subject her residents to that; people complain about the cost of the sew- age pumped and want to beat the system, however, the Board tells them over and over how they can reduce the charge; the sewer rate is the same as Daly City; charges are based on usage in January and February and those are the months where people must conserve for lower rates during the year; the charge is $5.00 a hundred foot; if the District is dissolved the people will lose control of a public utility and it would be turned over to California Water and become a business proposition; etc. Ms. Shirley Hoch stated her bill is $100.00 a month but she has teenagers. She addressed an item from the last meeting on the CCBE Foundation's request for a fee reduction where she was not in attendance nor was she noti- fied of the meeting or the agenda. She stated she reviewed the tapes, twice the Mayor asked staff if Ms. Hoch was notified of the meeting and staff said yes. She talked to both the City Manager and As- sistant City Manager and both informed her that due to an error Council was misinformed about the notification and she feels there should be a written apology to her and the CCBE Board. The City Manager assured her that a letter would be forth- coming. The CCBE Board found that Art Rise, another non- profit agency who shares the same facility, was made exempt from the fee in 1991. She felt some of the information received by the Vice Mayor was erroneous and it had made her very angry, etc. She proceeded to give a history of CCBE (Citizens Concerned for Balanced Education); in 1991 the Board of Education eliminated elementary music because Proposition 13 and other Sacramento legis- lation resulted in the steady erosion of funds to our schools; this School District is the lowest funded per student in this County; the Foundation was created in 1992 by a group of disgruntled parents and citi- zens who were unhappy about the Board's decision ORAL COMMUNICATIONS 9/27/95 Page 5 ACTION TAKEN ORAL COMMUNICATIONS to remove the instrumental music classes and moved forward to fund raising activities as a non-profit organization and received clearance from the IRS; they were able to fund a music program at Burl Buri; at the time Ms. Hoch was looking for ways to establish on-going bingo activities to raise revenues for the various school programs; she was frustrated, but appreciative of the strict adherence to State Code by the Police Department in issuing bingo permits and their determination that the School District could not have a bingo permit, but a non-profit agency could; so CCBE was getting close to failing, so they met with the Board of Directors and established a means to expand the music pro- gram; the staff report, which she received late, had inaccuracies - that the business license was issued with the understanding that a use permit would be secured - not true; there was a misunderstanding - when they were planning to sublease the building they were told they would need a use permit, now they find that they are in a school and the other operators do not have a use permit or business license and are surprised they have to do it even though they said they would do what was required; she was hired without salary because the CCBE Board had no money; she explained the Board's mission statement, how Boardmembers are selected and their term of office; she explained the bingo operation and their meetings with the police to se- cure a permit; it is not true they forced out another agency in the school; she explained the distribution of bingo proceeds which included food costs for the bingo players; they have expanded the music pro- gram to three sites; she worked 23 months for CCBE, but did not believe she had made the kind of money stated - even in the two year period; etc. Discussion followed: the Vice Mayor had comment- ed at the last meeting that this was a worthy agency and the discussion was in the waiving of the permit fee; he questioned why CCBE operated so long without a use permit; whether this use went before the District; Ms. Hoch had a conflict of interest because of her position on the School Board; in the past a use for the Avalon School had been refused by the Citizens Rules Committee because it was in conflict with the neighborhood and why didn't they review this use; why was Ms. Hoch's salary raised over $50,000 and how much does Art Rise pay their A~GENDA ORAL COMMUNICATIONS 9/27/95 Page 6 ACTION TAKEN .. 321 ORAL COMMUNICATIONS Director; why was CCBE's rent $30,000 in arrears and yet they planned to sublet to have bingo on other days; someone went to the School District, and as a result, the District dropped the rent to 10%; Ms. Hoch stated the District lost nothing in rent because the building had not been used for years before the CCBE use and the School District gained $50,000 in revenue; $30,000 is a great deal of mon- ey owed in unpaid rent, yet they raised the rent for the pre-school and they had to move out; if CCBE paid Ms. Hoch's salary and the back rent, there would be a deficit; the Vice Mayor will appear before the School Board on the pre-school's behalf; Assistant City Manager Martel and Police Chief Raffaelli related their actions on the follow up of the use permit; etc. Ms. Marie D'Alessandro, 773 Baden Ave., stated she was concerned that a Chronicle article showed an east bay consultant taking credit for the defeat of Measure A when it was due to the efforts of local people who were not fooled by fancy brochures. What they said was - our town is not for sale. She further felt the rent issue was the business of CCBE and the School District - not the Council's. Discussion followed: CCBE had not paid the School District $30,000 in back rent, yet $20,000 had been given to the School District for the music program and Councilman Fernekes wanted further clarifica- tion; Ms. Hoch asked if Councilman Fernekes slept through her presentation; etc. Mr. Tony Khorizian thanked those people who voted yes on Measure A, questioned if there was a deficit, how many City employees were laid off and has the City done anything to reinstate those people. City Manager Wilson stated he remembered only one, a part-timer in 1995, however, there were 40 laid off in the last 4 or 5 years. He also stated this was a balanced budget and there is not a deficit. Mayor Yee stated nothing had been done to reinstate the people laid off. Mr. Khorizian stated he gets the feeling that because Measure A was defeated the Mayor wants to get even, yet he has to act wisely as a Mayor, because if A~ENDA A~!!~E TAKEN ORAL COMMUNICATIONS RECESS: RECALL TO ORDER: 9/27/95 Page 7 322. ORAL COMMUNICATIONS one person is laid off, then a family is involved. Mayor Yee stated he gets the feeling, because Mea- sure A was defeated, Mr. Khorizian wanted to get even, he does not want to get even nor does he want to respond to that. This City is run by 5 people and Mr. Khorizian was after him because the Mca- sure was defeated, yet all he had done was vote no on the Measure and there is no guaranty anyone has a job in this City. Mr. Khorizian pointed out that Mayor Yee was never voted into office by the people and felt the Mayor was going to kick everyone else off the Council and be a chief. He felt the Mayor has to resign. Mayor Yee declared a recess at 8:25 p.m. Mayor Yee recalled the meeting to order at 8:35 p.m., all Council was present. Mr. Manny Madriaga stated President Clinton made a major announcement last week, he would like every school in the nation to be onqine by the year 2000 and a pilot for 20% of California schools be connected to the super highway by the end of the year, etc. He spoke in depth: of student scores going up as much as 30% through the use of computers; Levy Strauss upgrading their 386s to pentiums and making the old ones available to schools; if other companies were encouraged to donate their old equipment to the schools it would jump set technology; he wanted to see a shared computer networking between the Boys and Girls Club, Park & Recreation, the schools and libraries for kids to access; etc. Ms. Victoria Von Schell, 880 Stonegate, stated she is on the School Board, however, she was speaking as an individual this evening. When the School Board hired Mr. Tramatola in February she did not get a chance to meet him, even though she was on the Committee to handle the bond measure for school improvements to meet the sources of tech- nology by retrofiting the schools. The Committee spoke to Mr. Tramatolo at length on how to get a 2/3 vote - which is very difficult to get from the AGENDA ACI!QN TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to confirm expense claims of 9/27/95. Resolution authorizing acceptance of $55,000 from the State Literacy Resource Center for a contract with Project Read to coordinate a Statewide New Reader Conference for adult learners. ,~0 A RESOLUTION AUTHORIZING ACCEPTANCE OF $55,000 FROM THE STATE LITERACY RE- SOURCE CENTER FOR PROJECT READ TO COORDINATE A STATEWIDE NEW READER CONFERENCE IN MARCH, 1996 ORAL COMMUNICATIONS community. Mr. Tramatolo indicated how impor- tant it is to get the backing of the government, which he explained was not always the case. She explained at length the School District's unique opportunity to accomplish the bond measure and they hired Mr. Tramatolo to successfully pass the measure. When Mr. Tramatolo notified the District he was also working on Measure A, she was concerned because four Councilmembers were proponents and this could jeopardize the bond measure. She asked if Mr. Tramatolo had a financial interest in the San Pablo cardroom and he became offended. She took it one step further and proved he had an interest in the San Pablo cardroom and put his own financial interests before the School District's. She related: Mr. Tramatolo was hypocritical; he tells the community cardrooms are bad, so he can keep his across the bay; he jeopardizes the District's proposition; she would not be serving her constitu- ency if she did not speak out tonight against Mr. Tramatolo and the Chronicle article. She spoke at length: the School District's deficit and closing of the pre-school childcare center; look- ing for increased revenue and not having to close the pre-school that serves a vital need in the community which she felt was unconscionable. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved in the amount of $2,059,047.07. RESOLUTION NO. 102-95 9/27/95 Page 8 A~ENDA A~I!~N TAKEN CONSENT CALENDAR Resolution authorizing the filing of a grant application to the State Literacy Resource Center for a Computer Assisted Learning grant in the amount of $23,868..509-.3 A RESOLUTION AUTHORIZING THE SUBMIT- TAL OF A GRANT APPLICATION FOR A COM- PUTER ASSISTED LEARNING GRANT FOR 1995- 1996 FISCAL YEAR Resolution authorizing a contract with Paine Webber, Inc. through the selection process to provide services to the City of South San Francisco as managing un- derwriter on bond and assessment district financing. ,~3 '7 7 A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PAINE WEBBER, INC. TO PROVIDE SERVICES AS MANAGING UN- DERWRITER ON BOND AND ASSESSMENT DISTRICT FINANCING Resolution of award of contract to O'Grady Paving Inc. in the amount of $256,616.10 as the lowest responsible bidder for the 1995-96 Street Resurfacing Program. ~O A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND O'GRADY PAVING, INC. OF MOUNTAIN VIEW, CA. FOR THE RESUR- FACING OF GELLERT BOULEVARD FROM KING DRIVE TO WESTBOROUGH BOULEVARD AND SPRUCE AVENUE FOR STARLIGHT STREET TO HUNTINGTON AVENUE Resolution approving reclassifications and salary adjustments for the Management and Confidential Group and AFSCME Unit Compensation Plans. ~-O~ A RESOLUTION APPROVING RECLASSI- FICATIONS AND SALARY ADJUSTMENTS, AND AMENDING THE CITY OF SOUTH SAN FRANCISCO'S MANAGEMENT AND CONFI- DENTIAL GROUP AND AFSCME UNIT COM- PENSATION PLANS Resolution approving an amendment to a professional services agreement with Meyers, Nave, Riback, ,.~'2.'7 Silver and Wilson. CONSENT CALENDAR RESOLUTION NO. 103-95 RESOLUTION NO. 104-95 RESOLUTION NO. 105-95 RESOLUTION NO. 106-95 324 9/27/95 Page 9 ~~A ~TION TAKEN 325 CONSENT CALENDAR ?. Resolution - Continued. A RESOLUTION APPROVING A CONTRACT AMENDMENT TO THE CONTRACT WITH MEYERS, NAVE, RIBACK, SILVER AND WIL- SON REGARDING CITY ATTORNEY SERVICES o Resolution approving a modification to agreement with the San Mateo County Transportation Authority (SMCT). A RESOLUTION APPROVING A MODIFICATION TO AGREEMENT WITH SAN MATEO COUNTY TRANSPORTATION AUTHORITY (SMCT) Resolution certifying the election results by the City Clerk for the Special Municipal Election of 9/7/95 on Measure A, the cardroom proposal, that failed by a Yes Vote of 4,631 (44.18%) and a No Vote of 5,846 (55.77%). A RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF THE SPECIAL MU- NICIPAL ELECTION HELD IN THE CITY OF SOUTH SAN FRANCISCO ON SEPTEMBER 12, 1995 Resolution certifying the election results by the City Clerk for the Special Municipal Election of 917/95 on Measure A, the cardroom proposal, that failed by a Yes Vote of 4,631 (44.18%) and a No Vote of 5,846 (55.77%). ..5~]g}~ A RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF THE SPECIAL MU- NICIPAL ELECTION HELD IN THE CITY OF SOUTH SAN FRANCISCO ON SEPTEMBER 12, 1995 CONSENT CALENAR RESOLUTION NO. 107-95 Removed from the Agenda under Agenda Review by the City Manager. Removed from the Consent Calendar by Council- woman Teglia for discussion. M/S Penna/Fernekes - To approve the Consent Calendar with the exception of Items 8 and 9. Carried by unanimous voice vote. Councilwoman Teglia read a six page report into the record which is attached and a permanent part of the record of these minutes. She concluded by saying that never was an approach made to the City by Mr. Tramatolo and that information should be taken back to the District. Vice Mayor Drago commented: he has the same feelings as Councilwoman Teglia; he facetiously felt there are a lot of happy people out there in San Pablo, Colma, San Jose, and Artichoke Joe's who will feel safer without the cardroom bringing more crime and prostitution and he will not be finding Charley Manson in his backyard; he will look at card players in a different light now for he knows some of their habits; it is too bad that 650 people 9/27/95 Page 10 IN THE PUBLIC SECTOR .... WHEN GOVERNMENT, SCHOOL DISTRICTS, SPECIAL AGENCIES COME TOGETHER IN SUPPORT OF A PROJECTS THAT RESULT IN AN IMPROVED ROADWAY SYSTEM ..... SUCH AS THE OYSTER POINT OVERPASS WHICH WILL BE DEDICATED WITH EXTENSIVELY PLANNED FESTIVITIES NEXT WEEK; OR THE SSF CONFERENCE CENTER; OR A CHILD CARE CENTER; OR A SENIOR COMPLEX, SUCH AS MAGNOLIA PLAZA; OR A NEW PARK (AND I WISH I COULD SAY ORANGE PARK, BUT THAT PROJECT IS NO WHERE NEAR FINANCIAL REALITY); OR JUST A REJUVENATED OLD PARK SUCH AS BURI BURI PARK; OR A NEW RESTORED COMMUNITY AMENITY ATTACHED TO A SCHOOL, SUCH AS THE SPRUCE GYMNASIUM ....... WHEN THESE THINGS HAPPEN, PEOPLE CELEBRATE. THE COMMITTEES, THE STAFFS, THE PUBLIC OFFICIALSWHO WORKED TO MAKE THESE PROJECTS A REALITY COME TOGETHER WITH THE RESIDENTSWHO WILL BENEFIT FROM SUCH PROJECTS. PEOPLE WHO LED THE EFFORT ARE RECOGNIZED FOR THEIR UNSELFISH CONTRIBUTION OF TIME AND ENERGY ..... OFFICE HOLDERSWHOARE SEEN AS RESPONSIBLE FOR THE IMPLEMENTATION OF THE EFFORTARE ACKNOWLEDGED ..... BRASS PLAQUES ARE APPROPRIATELY PLACED ..... THE COMMITTEES, THE CONTRACTORS, THE PUBLIC OFFICIALS ...THEIR NAMES ARE ALL CALLED OUT SO PEOPLE WILL REMEMBER THAT SOMETHING GOOD, IN THE PUBLIC INTEREST, HAPPENED HERE ..... ESPECIALLY IF THAT SOMETHING GOOD WAS DONE WITHOUT RELIANCE ON ADDITIONAL TAXATION OF THE PUBLIC. WHEN A PROJECT IS DESTROYED ...... AS HAPPENED WITH MEASURE A .... AND THE MOST CURRENT VERSION OF THE SHEARWATER PROJECT .... THERE IS NO COMMUNAL CELEBRATION. TRUE THE VICTORS CELEBRATE THE CAMPAIGN VICTORY .... BUT THOSE WHO HAVE THE RESPONSIBILITY OF PICKING UP THE PIECES, THOSE WHO WILL NEVER SEE THE BENEFITS OF THAT EFFORT, MOURN THE LOST OPPORTUNITY. THE IDENTITIES OF THOSE RESPONSIBLE FOR THAT LOSS TEND TO FADE FROM MEMORY. THERE ARE NO BRASS PLAQUES WITH NAMES INSCRIBED TO REMIND PEOPLE WHY ITHAPPENED ..... WHY IT FAILED. WHAT WE ARE LEFT WITH TODAY IS A NEED TO REUNITE PEOPLE AND TRY TO MAKE THE BEST OF THE SITUATION. AND THAT IS WHAT WILL HAPPEN WITH THE RESPONSIBLE PEOPLE I KNOW AND WORK WITH. HOWEVER, BEFORE THAT CAN BEGIN .... SOME THINGS THAT OCCURRED NEED TO BE EXAMINED AND ADDED TO THE PUBLIC RECORD BEFORE THE COVERS ON THAT CHAPTER OF LIFE IN SOUTH SAN FRANCISCO CAN BE CLOSED. I, FOR ONE WISH TO ADDRESS, AT THE VERY LEAST ON THE PUBLIC RECORD, SOME OF THE MANIPULATIONAND LIES THAT I SAW FOISTED ON THE PUBLIC AS CAMPAIGN TACTICS. I BELIEVE THAT THESE NEED TO BE CALLED OUT AND ANSWERED AS UNTRUTHS .......... BECAUSE TO REMAIN SILENT, WOULD BE TO ACKNOWLEDGE AND ACCEPT THE LIES AS TRUTH ..... AND THAT I WON'T DO. TONIGHT, WE AS A COUNCIL WILL ACCEPT THE OFFICIAL CANVASS OF THE VOTE FOR MEASURE A ...... IT WAS A DEFEAT .... THE SHEARWATER PROJECT, AS IT WAS PRESENTED TO THE VOTERS WILL NOT BECOME A REALITY. WHAT WILL HAPPEN TO THAT SITE, NO ONE KNOWS FOR SURE ..... IT IS HOWEVER, PRETTY DOUBTFUL THAT WHATEVER PROPOSALS DO COME DOWN THE ROAD, WILL COME ANYWHERE NEAR TO MATCHING THE POTENTIAL FOR COMMUNITY ENHANCEMENT THAT THIS PROJECT OFFERED. I FOR ONE, HOPE AND PRAY THAT SOMETHING WONDERFUL DOES COME OUR 9/27/95 Page lOa . 327 WAY ..... BECAUSE WE DO NEED TO MAKE THE BEST OF OUR LOT. I READ THE STATEMENTS OF OUR MAYOR, AND OTHERS, THAT THEY BELIEVE THAT THE PLANNED AIRPORT EXPANSION WILL SAVE US .... EVEN THOUGH WE KNOW THAT THE TYPE OF DEVELOPMENT THAT THE AIRPORT BRINGS IS WAREHOUSING, IMPORT/EXPORT ACTIVITY, AND FREIGHT FORWARDING ..... ALL OF WHICH COVER A GREAT DEAL OF LAND, GENERATE LITTLE IN PROPERTY TAXES, ALMOST NOTHING IN SALES TAX AND CREATE VERY FEW JOBS. AS FAR AS A CARD CLUB IS CONCERNED ..... THE COMMUNITY HAS BEEN SAVED. I SERIOUSLY DOUBT THERE WILL EVER BE ANOTHER CARD CLUB ELECTION IN SOUTH SAN FRANCISCO, SO THOSE WHO HAVE APPOINTED THEMSELVES GUARDIANS OF OUR MORALS CAN REST .... SSF IS SAFE FROM THAT PERCEIVED THREAT. I, FOR ONE, HOWEVER, WILL BE INTERESTED IN HOW THESE GUARDIANS WILL TREAT THE COLMA CLUB AND THE PACIFICA CLUB, AND THE SAN MATEO CLUB .... WHICH OFFER THE SAME IMPLICATIONS FOR SOCIAL DISORDER THAT THE OPPONENTS SAID WOULD BE CAUSED BY THE SSF CLUB. POTENTIAL CRIME, MORAL DECAY, SUPPOSED VICTIMIZATION OF THE POOR, DEGENERATION OF OUR YOUTH AND FAMILIES ..... THESE SOCIAL ILLS DO NOT KNOW CITY LIMITS .... SO I WOULD THINK THAT THE CRUSADE THAT STARTED HERE, WILL, OF MORAL NECESSITY, NEED TO BE EXTENDED TO THOSE OTHER NEAR AREAS AS WELL. I APPLAUD WHOMEVER ADVISED THE OPPONENTS TO MAKE REVENUE TO THE SCHOOLS AN ISSUE IN THE CAMPAIGN. IT WAS BRILLIANT CAMPAIGN STRATEGY DESIGNED TO CAUSE A GUT REACTION IN PEOPLE AND IT DID SO. AS A DIGRESSION, I WOULD LIKE TO NOTE THAT WHEN THE PEOPLE OF THE STATE OF CALIFORNIA VOTED ON THE LOTTERY ..... WHICH WAS TO BENEFIT SCHOOLS .... I DON'T REMEMBER COUNTY GOVERNMENT OR CITY GOVERNMENT PEOPLE RAISING A CRY AND SAYING .... "DON'T VOTE FOR THE LOTTERY BECAUSE NOT ONE RED CENT WILL GO TO PARKS, OR HOSPITALS, OR POLICE OR FIRE SERVICES." TO PUT THINGS IN PERSPECTIVE LOCALLY, MEASURE A, ..... WAS A LAND DEVELOPMENT ISSUE WITH SUBSTANTIAL REVENUE FOR THE CITY ..... TO PAY FOR THE SERVICES THAT THE CITY PROVIDES. LET US REMEMBER THAT A SUBSTANTIAL NUMBER OF THESE SERVICES GO TO THE CHILDREN OF OUR SCHOOL DISTRICT .... BECAUSE THEY ARE ALSO THE CHILDREN OF OUR CITY. FEW PEOPLE REALIZE THAT THIS CITY COUNCIL VOTES EACH YEAR TO CONTINUE TO SPEND NEARLY $300,000 TO PROVIDE SERVICES TO THE SCHOOL DISTRICT THAT THE CITY IS NOT REQUIRED TO PROVIDE, AND THAT THE SCHOOL DISTRICT COULD NOT AFFORD TO PROVIDE IF IT WERE NOT FOR THE CITY. WE HAVE PARTICIPATED IN MANY PROJECTS BENEFITING THE DISTRICT AND DID SO WILLINGLY BECAUSE WE FELT IT BENEFITED THE COMMUNITY AT LARGE. I AM PROUD TO SAY THAT THIS CITY HAS NEVER BEEN CHEAP OR MISERLY ABOUT THE SERVICES IT RENDERS TO THE DISTRICT. MEASURE A WAS NEVER ADVERTISED AS A SCHOOL REVENUE ISSUE .... AND MORE IMPORTANT .... THOSE ELECTED SCHOOL BOARD MEMBERS WHO CHOSE TO OPPOSE MEASURE A .... NEVER ONCE, TO MY KNOWLEDGE, APPROACHED THE CITY TO NEGOTIATE A TRUST, OR ANY OTHER MECHANISM 9/27/95 Page 10b 328 OF ENGINEERING FIRMS HIRED TO PREPARE REPORTS SINCE 1984. THIS LAYMAN'S VERSION WAS PREPARED BY THE FIRM OF TREADWELL & ROLLO,~ I BELIEVE ABOUT AUGUST 28TH OF THIS YEAR. "APPROXIMATELY 40,000 CUBIC YARDS OF SOIL ARE CURRENTLY BELIEVED TO BE CONTAMINATED WITH LEAD, PETROLEUM HYDROCARBONS AND POLYCHLORINATED BIPHENYLS (PCB'S). THIS REPRESENTS A VOLUME OF SOIL SUFFICIENT TO COVER A FOOTBALL FIELD APPROXIMATELY 35 FEET DEEP ...... ALL OF THE CHEMICALS LISTED ARE CONSIDERED BY REGULATORY AGENCIES TO BE TOXIC AT CONCENTRATIONS WHICH OCCUR AT THE SITE. ........ THE ENVIRONMENTAL PROTECTION AGENCY (EPA) IS CURRENTLY FORMING A NATIONAL PROGRAM TO IDENTIFY AND REMEDIATE AREAS OF CONTAMINATED SEDIMENT REFERRED TO AS "TOXIC HOT SPOTS" THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD HAS BEEN INFORMED THAT THE SHEARWATER SITE IS LISTED BY EPA AS A "TOXIC HOT SPOT" ........ AT THIS TIME, THE COSTS FOR SITE CLEAN-UP OR REMEDIATION RANGE, ACCORDING TO THIS SAME REPORT ..... "BETWEEN 2.3 TO 5.1 MILLION DOLLARS. TO THIS COST MUST BE ADDED THE COSTS OF PERMITS, FIELD INVESTIGATION, REPORTS, ENGINEERING, DESIGN AND DEVELOPMENT OF PLANS AND SPECIFICATIONS, AND COMPLIANCE MONITORING WHICH WILL DRIVE THE RANGE UP TO 4.5 AND 9 MILLION DOLLARS" .... AND THIS IS NOT A CAP. IT IS TRUE, THAT WHOMEVER DEVELOPS THE SITE WILL NEED TO ADDRESS THE ISSUE OF CLEAN-UP ..... AND THAT OF ITSELF, BECAUSE OF THE MAGNITUDE IS A DETERRENT TO DEVELOPMENT. THE LONGER THE SITE REMAINS UNPRODUCTIVE ..... THE LONGER BENEFITS TO THE COMMUNITY ARE POSTPONED. THE LAST ISSUE I WISH TO ADDRESS IS THAT OF THE STATE OF CITY FINANCES. THERE IS A SAYING THAT ALL IS FAIR IN LOVE AND WAR ..... AND I GUESS THAT INCLUDES POLITICAL CAMPAIGNS. I BELIEVE THAT WHILE POLITICAL OPERATIVES MAY NOT BE HELD TO ANY STANDARD WHATSOEVER, I THINK IT IS DISHONORABLE AND REPREHENSIBLE FOR PUBLIC OFFICIALS TO MISREPRESENT FACTS TO THE COMMUNITY SIMPLY TO WIN THE ISSUE. SINCE THE ELECTION, I AND OTHERS ON THIS COUNCIL HAVE BEEN APPROACHED BY EMPLOYEES, AND RESIDENTS ANGERED THAT THE COUNCIL HAD REDUCED CITY SERVICES, ELIMINATED OR NOT FUNDED OVER 40 CITY POSITIONS,(9 IN THE POLICE DEPARTMENT ALONE), THAT HOURS AT THE LIBRARY HAD BEEN CUT, THAT PARK AND RECREATION PROGRAMS HAD BEEN GUTTED, THAT OUR PUBLIC FACILITIES ARE ON DEFERRED MAINTENANCE PROGRAMS, THAT EMPLOYEES OF OUR CITY HAVE NOT HAD INCREASES FOR OVER TWO YEARS .... THEY WANTED TO KNOW THE TRUTH. WAS THE COUNCIL TRUTHFUL IN WHAT IT WAS SAYING AND IN THE ACTIONS IT WAS TAKING OR WAS WHAT THE MAYOR ACCURATE IN WHAT HE SAID ON TELEVISION DURING THE CAMPAIGN. THE TELEVISION REFERENCE IS TO REPEATED STATEMENTS MADE ON NEWS PROGRAMS BY THEMAYOR TELLING THE COMMUNITY THAT SOUTH SAN FRANCISCO HAD PLENTY OF MONEY, HAD A BALANCED BUDGET, MONEY IN RESERVES AND WAS SPENDING MONEY ON CAPITAL IMPROVEMENTS. THE QUESTION WAS THEN WHY ALL THESE CUTS .... WHY IS THE CITY DOING THIS TO US? FOR FOUR YEARS, THREE ESPECIALLY HARD YEARS,EVERY MEMBER OF THIS COUNCIL HAS HAD PRESENTED TO THEM QUARTERLY REPORTS SHOWING 9/27/95 Page 10c . 329 THE CONTINUED DECLINE OF REVENUE; HAS HAD PRESENTED TO THEM ANNUAL PRE-BUDGET MESSAGES FORETELLING THE SHORTFALL OF REVENUES GOING INTO THE BUDGET PROCESS AND INDICATING FINANCIAL TRENDS WHICH WERE ALL DOWNHILL; HAS SAT THROUGH NUMEROUS STUDY SESSIONS, AND COUNCIL MEETINGS HAVING TO DECIDED WHICH JOBS, WHICH SERVICES, WHICH CHILDREN PROGRAMS, WHICH SENIOR SERVICES, WHICH LIBRARY PROGRAMS WOULD BE CUT TO BALANCE THE BUDGET. WE ALL HAD THE SAME INFORMATION, THE SAME REPORTS, THE SAME EXPERIENCES IN APPROVING A NEW BUDGET. WE ALL KNOW THAT OUR CITY IS NOT RECEIVING THE SAME NUMBER AND LEVELS OF SERVICE THAT IT DID THREE YEARS AGO. WE DO HAVE A BALANCED BUDGET .... BALANCED ON THE BACKS, OF OUR EMPLOYEES; ON THE BACKS OF SERVICES THAT ARE NOT RENDERED TO THE PUBLIC; ON THE BACKS OF LIBRARY PATRONS, STUDENTS WHO HAVE REDUCED ACCESS TO THE LIBRARY; ON THE BACK OF LESS POLICE PERSONNEL, LESS FIRE PERSONNEL ..... BUT WE HAVE A BALANCED BUDGET. THIS IS NOT SOMETHING WE BRAG ABOUT .... IT IS SOMETHING WE FIND WE HAVE TO DO BECAUSE WE HAVE THE RESPONSIBILITY OF KEEPING THIS CITY FINANCIALLY VIABLE. I AM PROUD TO SAY THAT THIS CITY HAS ALWAYS TRIED TO BALANCE ITS BUDGET IN THE LEAST IMPACTING MANNER TO ITS CITIZENS ...... BUT THE PAIN OF THESE REDUCTIONS CAN ONLY BE POSTPONED SO LONG BEFORE IT IS FELT AND IS OBVIOUS TO ALL. IT IS TRUE THAT THE CITY HAS SOME 10 MILLION IN RESERVE ..... PLEASE KNOW THAT THOSE DOLLARS ARE JUST LIKE YOUR FAMILY SAVINGS ACCOUNTS. ONCE WITHDRAWN AND SPENT THEY ARE GONE. THERE IS NO REVENUE STREAM THAT ANNUALLY REPLACES THESE SPENT DOLLARS. THEREFORE IT WOULD BE FISCALLY IRRESPONSIBLE TO OPERATE OUR CITY ON THESE FUNDS. MANY OF THESE DOLLARS ARE ALSO IN RESTRICTED ACCOUNTS .... MEANING THAT BY LAW THEY CAN ONLY BE SPENT IN A SPECIFIC WAY .... NOT FOR ACROSS THE BOARD GENERAL SERVICES AND OPERATIONS. ADDITIONALLY, THIS CITY IS SELF INSURED .... SO IT MUST KEEP A LEVEL OF FUNDING AVAILABLE FOR EMERGENCIES AND CLAIMS. IT HAS BEEN POINTED OUT THAT WE ARE SPENDING SOME 16 MILLION IN CAPITAL IMPROVEMENTS .... HOW CAN THAT BE IF FUNDS ARE SO SHORT? WHAT WAS NOT TOLD IS THAT THE VAST MAJORITY OF THESE DOLLARS, COME FROM THE AIRPORT INSULATION PROJECT AND CAN ONLY BE SPENT ON THAT PROJECT AND NOTHING ELSE .... THAT OUR CITY CAPITAL IMPROVEMENT EXPENDITURES ARE ONLY SOME 2.8 MILLION AGAINST A NEEDS LISTS OF 43 MILLION DOLLARS. ALL THE REPORTS I HAVE MENTIONED, ARE PUBLIC RECORDS, ANYONE INTERESTED CAN AVAIL THEMSELVES OF THE SAME INFORMATION. PEOPLE CAN CHOOSE TO BELIEVE WHATEVER THEY WANT .... BUT FACTSARE FACTS .... AND TRUTH IS TRUTH AND NOT SUBJECT TO NEGOTIATION. THE PUBLIC CAN DRAW ITS OWN CONCLUSIONS AS TO TRUTH AND SUBTERFUGE. THE VOTERS HAVE SPOKEN AND THAT HAS TO BE RESPECTED AND ACCEPTED ..... AND I DO SO, AND I BELIEVE THAT THE MEMBERS OF THIS COUNCIL ACCEPT AND RESPECT THAT DECISION. HOWEVER, THERE AREMANY THOUSANDS OF PEOPLE IN OUR COMMUNITY THAT TRULY BELIEVE THAT A INCREDIBLE OPPORTUNITY WAS LOST TO SOUTH SAN FRANCISCO ON ELECTION DAY. I HOPE THAT THEY WILL REMEMBER THOSE RESPONSIBLE FOR THAT 9/27/95 Page 1Od - 330 WHEREBY THIS MEASURE COULD PRODUCE REVENUE FOR OUR SCHOOLS AS WELL. IT WAS CLEVER OF THE OPPONENTS TO MAKE IT APPEAR THAT PARENTS WERE BEING HOODWINKED INTO BELIEVING THAT MEASURE A PROMISED REVENUE FOR SCHOOLS AND THAT THAT PROMISE WOULD NOT BE KEPT, ESPECIALLY SINCE NO SUCH PROMISE WAS EVER MADE ...... AGAIN, MEASURE A WAS NEVER, NEVER A SCHOOL FINANCING MECHANISM. I FIND IT INTERESTING THAT THE SCHOOL BOARD HAS THIS YEAR COMMITTED $36,000 OF TAXPAYER DOLLARS TO HIRING A POLITICAL CONSULTANT TO STRATEGIZE A CAMPAIGN FOR A BOND MEASURE TO FURTHER TAX THE TAXPAYER. WHAT I FIND SURPRISING IS THAT THIS CONSULTANT, (WHO WE NOW LEARN IS AN OWNER OF THE SAN PABLO CARD CLUB) IS THE VERY SAME CAMPAIGN CONSULTANT THAT LED THE SAN PABLO CAMPAIGN TO APPROVE A CARD CLUB ..... AND WHICH MEASURE, WE NOW LEARN, CONTAINED A TRUST FUND SET UP TO BENEFIT SCHOOLS IN SAN PABLO ...... I WOULD HAVE THOUGHT, AND HOPE THAT OTHER THINKING SOUTH SAN FRANCISCANS WOULD ALSO THINK THAT THIS CONSULTANT, AT THE VERY LEAST, OWED HIS CLIENT, OUR OWN SOUTH SAN FRANCISCO SCHOOL DISTRICT, THE ADVICE THAT SUCH A FUND WAS SET UP IN SAN PABLO; THAT HE KNEW HOW IT COULD BE DONE IN SOUTH SAN FRANCISCO; AND ADVISE THE SCHOOL BOARD TO MEET AND NEGOTIATE SOME AVENUE OF FINANCIAL PARTICIPATION IN MEASURE A THAT WOULD HAVE BENEFITTED THE SCHOOL DISTRICT. TO MY KNOWLEDGE, THIS WAS NEVER DONE ..... OF COURSE THE CONSULTANT MIGHT HAVE BEEN WORKING AGAINST HIS OWN BEST FINANCIAL INTERESTS BECAUSE HAD SUCH ADVICE BEEN GIVEN, AND FOLLOWED THROUGH ON, AND IF MEASURE A HAD THEN GAINED THE ADDITIONAL PUBLIC SUPPORT IT NEEDED AND GONE ON TO WIN ON ELECTION DAY, THE SCHOOL BOARD MIGHT NOT HAVE NEEDED A TAX MEASURE AND THEREFOR MIGHT NOT HAVE HAD FURTHER NEED FOR SUCH A CONSULTANT. I DON'T KNOW, LADIES AND GENTLEMEN, TOO MUCH OF WHAT I AND OTHERS ARE READING IN THE NEWSPAPERS SINCE THE ELECTION MAKE ME WONDER ..... I HOPE THEY MAKE THE RESPONSIBLE CITIZENS OF OUR CITY WONDER AS WELL. I DO KNOW THAT THE PEOPLE OF SAN BRUNO, COLMA, AND SAN PABLO ARE LAUGHING AT US .... LAUGHING ALL THE WAY TO THE BANK. I WOULD LIKE TO VERY BRIEFLY ADDRESS THE ISSUE OF TOXIC CONTAMINATION OF THE SHEARWATER SITE ..... BECAUSE THIS WASANISSUE THAT OPPONENTS SPOOFED AND TOLD PEOPLE WAS NOT A SERIOUS CONCERN. BEFORE, I GIVE YOU SOME SPECIFIC FACTS IN THIS REGARD .... I WOULD LIKE TO SAY THAT WHEN COUNCILMEMBERS AND OTHER ELECTED OFFICIALS MAKE STATEMENTS TO THE PUBLIC .... GENERALLY, THEY HAVE REPUTABLE RESEARCH REPORTS AVAILABLE TO BACK UP THOSE STATEMENTS. UNFORTUNATELY, IN A POLITICAL CAMPAIGN, POLITICAL OPERATIVES, MAY SAY ANYTHING THEY WISH .... AND NEVERHAVE THE OBLIGATION TO BACK UP ANYTHING THEY SAY. ONLY A DEMANDING PUBLIC CAN REQUIRE STATEMENTS TO BE BACKED UP BY FACT ..... AND AS WE KNOW, THAT ALL TOO OFTEN DOES NOT HAPPEN. I AM GOING TO QUOTE FROM A LAYMAN'S VERSION OF RECENT REPORTS PREPARED ON THE SITE CONTAMINATION ISSUE BY THE FIFTH IN A SERIES 9/27/95 Page lOe 331 DEFEAT. BY NAME AND FACE .... AND HOLD THEM RESPONSIBLE FOR THEIR VICTORY. THE FUTURE AND HISTORY WILL JUDGE THIS EVENT AS TO WHETHER IT WAS A TRAGIC LOST OPPORTUNITY OR TRULY THE SALVATION OF OUR COMMUNITY. MEANWHILE, WE WHO ARE RESPONSIBLE FOR THE WELL BEING OF THIS CITY HAVE A JOB TO DO .... AND AS THE SAYING GOES, "WHEN THE GOING GETS TOUGH, THE TOUGH GET GOING!" ..... AND WE NEED TO GET GOING! 9/27/95 Page 1Of .___9. Resolution certifying the election results - Continued. PUBLIC HEARINGS 10. Public Hearing - Zoning Text Amendment ZA-95-91 related to establishing findings of approval and to enable the Planning Commission to establish design guidelines; Conduct Public Hearing; Motion to waive reading and introduce the ordinance - continued from._ the 9113/95 meeting. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 20.84 - PLANNED UNIT DEVELOPMENT PER- MIT PROCEDURE - OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO ADDING FINDINGS OF APPROVAL, ENABLING THE PLANNING COMMISSION TO ESTABLISH DESIGN GUIDELINES ACTION TAKEN .. 332 can change the history of this City, but that is a democracy; he took the devil's advocate position - assume, for cooperation sake, that the opponents are correct - the City has a lot of money, the toxic cleanup is highly inflated, the City should cleanup the site and the City can turn the site over to a new developer; he wants the Council, at the next meet- ing, to consider cleaning that site on a City level. Councilman Fernekes also feels this measure was a missed opportunity, but respects the vote of the people and it changed our potential future. On the political scene a lot of misinformation went out to people's mailboxes and through their phone. After the election he traveled through the City's many departments and has never seen the spirits so low for they saw a future that was lost, etc. He stated he was a gentleman and did not address Ms. Hoch's comment - was he sleeping during her presentation, but he was very concerned about the $30,000 in unpaid rent, etc. Ms. Pat Burke was very concerned about the votes, for it was not a moral issue, but what was best for the City. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 108-95 Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Yee stated the Public Hearing had been previously opened. Chief Planner gave a brief staff report. Mayor Yee closed the Public Hearing. M/S Penna/Drago - To waive reading and introduce the ordinance. Carried by unanimous voice vote. 9/27/95 Page 11 AGENDA ACTION TAKEN . 333 PUBLIC HEARINGS 1. Public Hearing - Submittal of Community Develop- ment Block Grant 1994-95 Grantee Performance Report to HUD; Conduct Public Hearing; resolution authorizing submittal to the Department of Housing and Urban Development. 3-O~ A RESOLUTION AUTHORIZING SUBMITTAL OF THE 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 12. Public Hearing - To consider appeal of a Planning Commission condition of approval regarding calcula- tion of the Oyster Point Overcrossing contribution for a truck and auto fueling facility at 128 Harbor Way, Case Number UP-95-994, Bay Area/Diablo Petro- leum Co., Applicant; Conduct Public Hearing; Mo- tion to deny the appeal. ~t9.~5> ADMINISTRATIVE BUSINESS 13. Discussion and direction on the City's Sidewalk Repair Program. 4. Resolution extending the Franchise Agreement with Western TV Cable on a month-to-month basis..5'/~ A RESOLUTION APPROVING THE EXTENSION PUBLIC HEARINGS Mayor Yee opened the Public Hearing. CDBG Coordinator Fragosi stated the Performance Report is required by law, however, there have not been comments from the public. Mayor Yee closed the Public Hearing. Discussion followed: what is the status of funds given Friends to Parents to purchase property; they have an option on property behind So. City Lumber, funding is in place and they are hoping to go for- ward in early 1996; how are the ADA projects coming; staff has $430,000 to spend on accessibility modifications and are moving forward by 6/30/96; $20,000 set aside funds to Friends to Parents have been carried forward for more than a year; of the $20,000, $10,000 has been used and Council added $10,000 for site acquisition; Councilwoman Teglia wants to know if possible to use this money for the child care closing and re,allocate the money next year; to do this it requires a public hearing and Council action; Councilman Fernekes questioned if Friends to Parents have exceeded the time frame; it was targeted for spring and summer. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 109-95 Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. M/S Penna/Drago - To continue the item to the 10/11/95 meeting per the request from Bay Ar- ea/Diablo Petroleum Co. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Removed from the Agenda by City Manager Wilson under Agenda Review. Councilman Fernekes related: he and Vice Mayor Drago serve on the Subcommittee; they met with the Assistant City Manager and the CABLE Manager; rebuilding to a state of the art; need an 9/27/95 Page 12 ~ENDA ~TION TAKEN 334 ADMINISTRATIVE BUSINESS 4. Resolution - Continued. OF THE TERM OF THE CURRENT WESTERN TV CABLE FRANCHISE AGREEMENT ON A MONTH TO MONTH BASIS UNTIL SUCH TIME THAT A NEW FRANCHISE AGREEMENT IS SUBMITTED ITEMS FROM COUNCIL 15. Consideration of request from the Town of Atherton to become a regular member of the Airport Commu- nity Roundtable. 51 ~ ~ OOD AND WELFARE ADMINISTRATIVE BUSINESS ordinance and they will make a recommendation later. Vice Mayor Drago related: he feels there should be a cap on this; he keeps hearing about a potential sale of the Company; feels the sooner the franchise is in place, the better and does not want to go longer than 90 days for he has worked on it for two years. Assistant City Manager Martel related: anticipate an agreement in November and the negotiations will be complete; there will be a second reading; franchise will be sent to TCI and expect it to be in place in 90 days; TCI has an agreement with the Chronicle and is doing a due diligence for purchase of CABLE Co. Vice Mayor Drago related: we are better off work- ing with the seller; if TCI does not get a favorable tax ruling they will spin it off to their local subsid- iaries; thought this would be the time for the City to take over CABLE which works for San Bruno; if this is prolonged he wants to take over the system. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 110-95 Carried by unanimous voice vote. Consensus of Council - For the Subcommittee to pursue the takeover by the City of CABLE TV. ITEMS FROM COUNCIL Councilmembers Penna and Teglia are not interest- ed. Councilwoman Teglia stated that Citizens for Sensi- ble Government Committee put out a 4 page slick on Measure A, however, there is no such Committee registered with the Secretary of State and wants the City Attorney to investigate. City Attorney Mattas stated he could pass it along to the District Attorney. GOOD AND WELFARE No one chose to speak. 9/27/95 Page 13 A~ENDA A~TION TAKEN CLOSED SESSION .6. Closed Session, pursuant to GC 54956.9(a), confer- ence with legal counsel on existing litigation, 1 case - South San Francisco vs. Amico. RECALL TO ORDER: ADJOURNMENT: 335 CLOSED SESSION Council adjourned to a Closed Session at 10:12 p.m. to discuss the items noticed. Mayor Yee recalled the meeting to order at 10:15 p.m., and Council advised the City Attorney that the City will not pay money and all Councilmembers were present and Councilwoman Teglia left the meeting. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:16 p.m. RESPECTFULLY SUBMITTED, larbara A. Battaya, 2ity of South San Francisco APPROVED. Robert Ye~..' ~ayor City of Sou h San Francisco The entries of this Council meeting show the action taken by the City Council 'o 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. 9/27/95 Page 14