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HomeMy WebLinkAboutMinutes 1996-01-10Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room 45 January 10, 1996 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JANUARY 10, 1996 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 M~ting on Wednesday, the 10th day of January 1996, at 6:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Interview of applicants for the airline position on the Conference Center Authority. Dated: January 3, 1996 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Interview of applicants for the airline position on the Conference Center Authority. ,.6"/-/~ 6/ --auncilman Penna Arrived at the Meeting: ACTION TAKEN 6:40 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Yee and Drago. None. Mayor Drago stated the Council will interview the applicants and later, in the regular meeting, Council will select a Commissioner. Council interviewed the following applicants: Julio Bonilla, Sid Protasio and Ronald Lemoge. Councilman Penna arrived at the meeting at 7:00 p.m. while Mr. Protasio was being interviewed. Discussion followed: whether Mr. Lemoge has a 1/10/96 Page 1 AQENDA Interviews - Continued. ADJOURNMENT: AC_TIQN TAKEN conflict of interest in serving as a Commissioner as he is a consultant to the Airport; if there is an ap- pointment it should be referred to the Attorney General; due to Mr. Lemoge's frequency of travel what is the leniency in a Commissioner missing meetings; there are only six meetings a year; etc. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:13 p.m. RESPECTFULLY SUBMITTED, City Clerk City of South San Francisco APPROVED. //iCity o South San rancisco he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- ~ns, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the ,.,fflee of the City Clerk and are available for inspection, review and copying. 1/10/96 Page 2 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ' ' John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room January 10, 1996 47 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: PRESENTATIONS Presentation by Pete Pellerito, Bay Area Bio-Science Center, on the results of a study on the bio-tech industry AGENDA REVIEW ACI!QN TAKEN 7:55 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. PRESENTATIONS Mr. Pellerito gave an overview of the bio-tech in- dustry: it started in S.S.F. twenty years ago; he mentioned a report finished last December; he had a newspaper clipping describing how the media felt about the industry and the study which was encour- aging for the long term economic development; he thanked the City Manager and the Interim Director of Economic & Community Developer for their help; he spoke of research in health care; about half the bio-tech companies in S.S.F. are publicly owned or privately owned; the largest company is Genentech which is second largest in the country and the world; the amount of people employed by these firms; there will be a 10% increase in em- ployees in 1996 which is three times the national average; products the companies are working on. They made the suggestion to the City to consider the possibility of creating or recreating an advisory counsel for this industry, to streamline the permit process and for the City and the Superintendent of Schools to work together to make students and people aware of the science companies in the com- munity; etc. AGENDA REVIEW City Manager Wilson stated he does not have changes to the Agenda. 1/10/96 Page 1 ~ENDA ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 9/27/95. 2. Motion to confirm expense claims of 1/10/96. 3. Resolution approving Final Subdivision Map for Heather Heights. A RESOLUTION THE FINAL MAP ENTITLED HEATHER HEIGHTS SUBDIVISION MAP AND AUTHORIZING RELATED ACTS Resolution authorizing Workers' Compensation Cov- erage for City Volunteers (PERS). p - a oo A RESOLUTION AUTHORIZING AND APPROV- ING THE PROVISION OF WORKER'S COMPEN- SATION INSURANCE COVERAGE FOR PER- SONS PERFORMING VOLUNTARY SERVICE 5. Motion to accept as complete the project for removal of contaminated soil at Fire Station//4. 05'0 ~O 6. Resolution approving proposed stop sign at Avalon Drive and Dorado Way. ..%-0 ~ A RESOLUTION AUTHORIZING THE INSTALLATION OF A THREE-WAY STOP SIGN AT THE INTERSECTION OF AVALON DRIVE AND DORADO WAY Resolution authorizing City Engineer to submit appli- cation, Transportation Development Act erDA) Arti- cle 3 Funds for Bicycle/Pedestrian Projects in San Mateo County. ,fi- O ~'D A RESOLUTION AUTHORIZING SUBMITTAL OF ACIIQN TAKEN ORAL COMMUNICATIONS Mr. Jake Jones, 12 El Campo, stated he has watched the S.F. inauguration of the Mayor, who was pre- sented with a cap which said "da mayor". He pre- sented Mayor Drago with a cap that said "which way did they go". COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved with an abstention by Councilman Mullin. Approved in the amount of $3,333,233.99. Removed from the Consent Calendar for discussion by Councilman Yee. RESOLUTION NO. 1-96 So ordered. RESOLUTION NO. 2-96 RESOLUTION NO. 3-96 1/10/96 Page 2 AC!!Q_N !AK_E_N CONSENT CALENDAR Resolution - Continued. A GRANT APPLICATION TO THE BICYCLE AND PEDESTRIAN ADVISOR COMMITTEE (BPAC) FOR BICYCLE/PEDESTRIAN PROJECTS IN SAN MATEO COUNTY Motion to adopt an ordinance authorizing renewal of a cable franchise agreement between the City and Western TV Cable. AN ORDINANCE RELATED TO THE GRANTING OF A CABLE TELEVISION FRANCHISE AGREE- MENT TO WESTERN TV CABLE, A SUBSID- IARY OF THE CHRONICLE PUBLISHING COM- PANY Resolution approving Final Subdivision Map for Heather Heights. _.~O ftC9 A RESOLUTION THE FINAL MAP ENTITLED HEATHER HEIGHTS SUBDIVISION MAP AND AUTHORIZING RELATED ACTS o Motion to adopt an ordinance authorizing renewal of a cable franchise agreement between the City and Western TV Cable. AN ORDINANCE RELATED TO THE GRANTING OF A CABLE TELEVISION FRANCHISE AGREE- MENT TO WESTERN TV CABLE, A SUBSID- IARY OF THE CHRONICLE PUBLISHING COM- PANY ~JBLIC HEARINGS 9. Public Hearing - abandonment of Kauffrnann CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Mullin. M/S Fernekes/Penna - To approve the Consent Calendar with the exception of Items No. 3 and 8. Carried by unanimous voice vote. Councilman Yee stated he voted no on this before and will again. He asked the City Engineer to take a look at Joseph Dr. and Ida Avenue on the map and then identify it as a private street and not a public street on the map. M/S Fernekes/Mullin - To adopt the Resolution. RESOLUTION NO. 4-96 Carried by majority voice vote, Councilman Yee voted no and Councilman Penna abstained. Councilman Mullin did not understand why the last page of the report listed a Daly City School and thought there was a mix-up in the names of schools. M/S Fernekes/Penna - To continue the item. PUBLIC HEARINGS Mayor Drago reopened the Public Hearing and 1/10/96 Page 3 A~ENDA PUBLIC HEARINGS ~. Public Hearing - Continued. Court and adjacent 5' side public utility easement; conduct Public Hearing; adopt resolution - continued from 10/25/95 and 12/13/95 meetings. ,G'b B O A RESOLUTION AUTHORIZING THE VACA- TION OF KAUFFMANN COURT AND AN ADJA- CENT 5' WIDE PUBLIC UTILITY EASEMENT, WITHIN THE CITY OF SOUTH SAN FRANCISCO Public Hearing - consider granting a request for "reasonable accommodation" to allow a residential living facility for up to 4 adults (including the on site manager) and 4 children at 18 Leo Circle, in a Single Family Residential District (R-l-D-P) where no more than six persons are normally allowed for a similar use in this district; conduct Public Hearing; Motion to grant "reasonable accommodation" after making tindings and adopting conditions in the staff report. ACIIQN TAKEN PUBLIC HEARINGS stated the Council has not heard a staff report. Director of Public Works Gibbs related: the City was approached by Genentech to abandon Kauffmann Court; this would provide a spine, cen- tral walkway, to bring together all their facilities; they are saying they can abandon this cul-de-sac and use the property more efficiently; staff can find no reason to maintain the Court and contacted the utilities and found no objection to the proposal. Discussion followed: did staff receive written veri- fication from the utility companies; yes they have; etc. Mayor Drago closed the Public Hearing. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 5-96 Carried by unanimous voice vote. Mayor Drago reopened the Public Hearing. Ms. Linda Carlson stated they were only asking for accommodation for one more child. She related: they have a facility in San Mateo that has been in existence for 25 years and have a letter from the Police Chief supporting their program. Mayor Drago stated he understood that the change was for 2 to 4 adults. Ms. Carlson stated it was expanded from the State for they recognized 6 to 10. Ms. Candace Gianni, 78 Leo Circle, related: she is an original home owner with children; these houses were built as single family units with amenities; the sewer lines were designed to accommodate single family units and not for multi-family units; she has no objection to the use, but to the number of resi- dents; she is afraid that the area will be open to rezoning and apartment use. Mayor Drago stated the State has allowed exceptions from zoning, so Council is dealing with a reasonable accommodation request. 1/10/96 Page 4 AGENDA PUBLIC HEARINGS Public Hearing - Continued. 1/10/96 Page 5 ACTIQ~ TAKEN PUBLIC HEARINGS Mr. Leo Padreddii, 64 Leo Circle, related: he had made a presentation at the last meeting on this matter; he was satisfied with the presentation except for the person from the County who supervised the operation; he has lived there since the houses were built; he goes by this street four times a day; they say every two weeks they supervise the facility; there are four to five cars with up to six people living there; transits are the people living there without regard for the neighborhood for they throw things out in the street; the transits live there for two to six months and have no regard for the property, yet there is a home owners improvement association for the single family homes; if the Council approves this, it is going to compound the problems and that is why he objects to the increase; if allowed other facilities will do the same things in the community and create more problems. Mayor Drago closed the Public Hearing. Discussion followed: Councilman Mullin is eon- cerned about the increase of 6 to 8 residents; is the on-site manager a resident and, if so would increase it one more; staff feels the on-site manager should be counted, however, they cannot get an answer from the operators; the case law supporting this is based on Federal law where the Council has to look at reasonable accommodation for certain classes, included disabled when they can; the children also fall under that Act; the City has no control over the number of residents during the time the house is occupied with this use; the City has ways to monitor the residents; the City could be involved in a lot of things and never understand what is taking place in the operation; Mayor Drago is concerned with the DCC&Rs for they state six people and how the Council can go over that figure; people in the neigh- borhood could have seven or eight children, so that has not been enforced; the DCC&Rs are not guiding Council action; we have people in Westborough that have mentioned DCC&Rs and the Mayor is looking for consistency; Councilman Mullin would suggest Option B, the findings of denial that the Municipal Code limits group care facilities single family to six persons and would be inconsistent with the land use of a medium residen- tial area, and follow up on that; recommendation from the Police Department for deadbolts for priva- A~ENDA PUBLIC HEARINGS Public Hearing - Continued. 11. Public Hearing - appeal of two Planning Commission conditions of approval for UP-95-997 to allow a 24 hour truck fueling station with scales, washing and parking facilities and an automobile gasoline station including a convenience store with drive-up fast food service, Applicant and Owner Olympian Oil Co. at 176-180 Gateway Blvd.; conduct Public Hearing; Motion to deny appeal and uphold the decision of the Planning Commission, but consider revising the basis of calculation for the Oyster Point impact fee. A~TION TAKEN 52 PUBLIC HEARINGS cy; that condition was put in the staff report so the Police can require that if the facility requires total privacy, but after Sgt. Petroeehi talked to the repre- sentative, he found that the facility is open with little privacy, so that condition would not be re- quired; Councilman Mullin wants his question re- searched on whether the manager is included; etc. M/S Yee/Fernekes - To deny the request for "rea- sonable accommodation". Carried by unanimous voice vote. Mayor Drago reopened the Public Hearing. Director of Public Works Gibbs related: the first issue is the Oyster Point fee and the next was the alcohol sales; staff has revisited the fee based on comments and calculated a new fee structure that is acceptable to Olympic Oil Co.; if approved the alcohol permit will be handled by the Police De- partment; etc. Police Sgt. Petrocchi spoke on the alcohol sales and police concerns: Planning Commission, on a ease by case basis, has people that want to sell alcohol with gasoline sales and the Commission has never approved a use like that; when applicants were made aware of the Commission's history on issuance of licenses, most have withdrawn their applications; the truck stops are places where loitering and prostitu- tion occur which allowing alcohol can increase its likelihood; there are 50 ABC licenses in this area; MAD and other agencies are against this use; off- sale alcohol facilities cause problems; SB646 regu- lates these license by population which has already been exceeded in S.S.F., so a new license could not be issued until January 1998 providing the total number, 32, licenses diminishes; if this use is ap- proved please let the Police Department place condi- tions on the permit; there have been 34 police calls in 39 months for this use; etc. Mr. Rusty Firenzi, Vice President Olympic Oil, negated Sgt. Petrocchi contentions: the potential for loitering exists everywhere, but that does not mean it happens; he did not agree with the recom- mended alcohol denial; they run three other facili- ties; they had an application denied in Daly City for 1/10/96 Page 6 AGENDA ACTION TAKEN 53 PUBLIC HEARINGS 1. Public Hearing - Continued. 1/10/96 Page 7 PUBLIC HEARINGS they did not realize it was by a school; there is no pedestrian traffic and no residential, schools or churches; they agree with the Police report and will install the TV and buzzers and a timing device on the locked cabinets; they have no intention of being open 24 hours a day; no alcohol beverages are allowed on the premises; they operate three facili- ties with off-sale beer and they operate in S.S.F.; they do not turn their heads and allow the law to be broken; they sell petroleum to the truckers asso- ciation which will be writing a letter to the City; this will be the first time Olympic Oil Co. will be denied and proceeded to give background information of the Company; he urged the Council to uphold their appeal and help them with the competition in view of their many years as a good business in S.S.F. Councilman Mullin complemented Mr. Bertetta for his speech on the reduction of the EPA staffing for he happened to be taping the Majority Whip and heard Mr. Bertetta's erudite speech. He recalled Mr. Bertetta's application for a off-sale license in the 1970s on Hickey Blvd, or his father's applica- tion, which as a member of the Planning Commis- sion had set a precedence on conditions. Mr. Berretta stated he came to work for his father in 1964 and did not remember making that application to the City. Police Chief Raffaelli stated the police are opposed to alcohol sales associated with gasoline sales. Other applicants wanted to do the same thing and if allowed it would open the door for others to come forward. Something done in the early 1980s or 1970s doesn't need to be done again, for they could fill up their gas and buy groceries for this use is for the transits to keep awake while driving. It is too convenient to get alcohol and drink and drive, and he felt it was incumbent on the Council to deny the use for it is not going to do anything for the com- munity. A 24 hour use allows anybody at any time to go in there for there already are too many liquor licenses in this City for a City of this size. Mr. Pedro Gonzales, 804 Olive Avenue, stated he was a member of the Oldtown Homeowners Assn. which was close to this area and was against the liquor license being issued. This store is going to PUBLIC HEARINGS 1. Public Hearing - Continued. RECESS: RECALL TO ORDER: 12. Public Evidentiary Hearing - consideration of modifi- cation or revocation of the Ling Nam Noodle House use permit UP-93-939/Mod 1 at 2211 Gellert Blvd.; Conduct Public Hearing; Resolution to revoke UP-93- 939/Mod 1 based on the findings in the staff report. 54 PUBLIC HEARINGS be for truckers who are going to buy beer, go through the area and back onto the freeway. In the Oldtown area there is plenty of alcohol and he is against the liquor license. Discussion followed: if a business has a license can it move the license to another location; Mr. Bertetta met three times with staff and agreed to all condi- tions but one; etc. Mayor Drago closed the Public Hearing. Discussion followed: Councilman Penna has a problem with alcohol at a drive-in facility; accuracy of the new revised figures; etc. M/S Yee/Fernekes - To agree with the staff report on the Overpass fee based on 478 trips for $94,213.00 on Engineering Division Condition No. 4. Carried by unanimous voice vote. M/S Mullin/Penna - To deny the appeal on those two conditions and not allow alcohol on the facility based on the Police report. Carried by majority roll call vote, Vice Mayor Fernekes voted no. Mayor Drago declared a recess at 9:28 p.m. Mayor Drago recalled the meeting to order at 9:35 p.m., all Council was present. Mayor Drago opened the Public Hearing. Chief Planner Solomon gave the staff report: the police report substantiates the revocation; recom- mendation is to not continue the operation after 12:00, but allow the Police Chief to revoke the use permit if there are violations. Mayor Drago questioned if the Planning Commis- sion has seen Condition A5 received tonight for everything Council has seen contradicts this. Police Chief Raffaelli stated the concept of guard service is something the Commission agreed to in 1/10/96 Page 8 A~ENDA PUBLIC HEARINGS 2. Public Evidentiary Hearing - Continued. 1/10/96 Page 9 ACTION TAKEN 55 PUBLIC HEARINGS concept. City Attorney Mattas recommended the Council listen to the Applicant's Attorney who will ask for a continuance. Mayor Drago stated he had many cards against the revocation, but they still may want to speak after the intention to continue the item is stated. John Mangienny, Atty., stated he represented the owners of the Noodle House and had been prepared to put on a case against revocation, however, a few minutes ago he received the proposed condition. He spoke to the owner and the security company and conceptually they agree with the proposed condition but have not had time to think through the wording and come up with comments. He would like the opportunity to sit down with the Police Department and see if we can come up with a condition on the use permit that will be satisfactory to all parties. They are against closing down for a period of time, but understand the legitimacy of maintaining the safety of the area. They think they can do both and in putting this condition on all sides will be satisfied. Councilman Yee stated he visited the site late at night and is very concerned with the lighting of the area, it is very dark and seems to him to encourage people to loiter in the area. His position, if he was to approve operations after 12:00 a.m., is to see the lighting improved. The landlord should be ap- preached because of the safety of the customers, but without the improved lighting he can not go along with this use. Councilman Penna agreed and did not think it mat- tered who does the lighting improvement. Mayor Drago also supports the improved lighting. Mr. Isidro Protasio, 3 Pisa Court, minimized the incidents in the parking lot as young people in as- sembly. He has his headquarters on East Grand Avenue and also has a problem with security, his car is parked outside his building and someone stole his battery and remove stuff from his car. There is a problem in his area and a resource must be found to protect property, because if there is a regular A~ENDA A~TION TAKEN PUBLIC HEARINGS 2. Public Evidentiary Hearing - Continued. 1/10/96 Page 10 56 PUBLIC HEARINGS patrol of the area this would be avoided as it would be at the Noodle House. He stated: last week in Serramonte at 9:00 p.m. there was a gun incident; the Council cannot revoke this permit for it is not a solution, more police patrols are the answer; how come Denny's, who is open 24 hours a day, is not being bothered for these incidents happen; etc. Mr. Pep Red Vasquez, Editor of the Filipino Guardian, spoke against the revocation: one robin does not make a summer; why punish a business establishment for a police report; any gun related problem is a police problem and is not a concern of the establishment's; if such an incident occurred in front of Denny's or Lyon's will the police recom- mend the same thing for it is a question of fairness; this restaurant, during the recent disaster, that opened their doors for the hundreds of people with- out electricity; etc. Police Chief Raffaelli stated the police would take a position and hire security guards and they have an option to revoke the permit based on the use permit. He stated in this situation there is a continuance, they met with the owners about trespassing and security guards, signs were to be posted, the lights have never been fixed nor were the signs posted until the police came back. The security guards were not doing a good job, there were several police calls with danger to the community with people being beaten. He was talking about people from gangs that caused problems and it is his job to pro- tect the community and to start with there is an agreement and they have a good security and with a plan that came up with condition A5 and they are trying to work on the lighting. He thinks this can be worked out and hope for a win win situation. Discussion followed: Lyon's only has a police call every once in a while, but nothing significant; if this had gone to the Planning Commission a month ago this would not be before the Council today for revo- cation; there was a prior revocation in the south of Linden area and Council's policy is zero tolerance, establishments were contacted and the City received their full cooperation; because it is an evidentiary AGENDA A~TION TAKEN PUBLIC HEARINGS 2. Public Evidentiary Hearing - Continued. ADMINISTRATIVE BUSINESS 13. Presentation by Paine Webber on bond realignment. PUBLIC HEARINGS hearing the Council should ask questions, but with- hold any decisions; the item is being continued and a decision will not be made tonight; etc. Mr. Armando Gonzalez, 713 W. Orange Ave., stated he is the owner of the security business, wants to speak, but will wait until the next meeting. Mr. Manny Madriaga, 23 Sunrise Court, stated he wants to speak now, because he does not know if he can be at the next meeting. He is a customer during the day at the Noodle House, because they sell the kind of food he loves and it reminds him of home - both this place and Goldilocks. There are lots of people that come from outside of the area to eat and others come there to shop. He and his wife have eaten at the place close to midnight and after mid- night. He can see enough kids and they loiter and with the presence of firearms there could be inci- dents but, it is a cultural landmark for the Filipinos. He says that because when visitors come over from Japan and Taiwan they come to Ling Nam. He is happy to hear there may be a win win situa- tion with several conditions and the permit will not be revoked, so if we can continue the process - that will be great. As the City has indicated in the past we are always looking to improve sales tax which this does, and as a customer he would not like to go to S.F. to eat his food. Mr. Amada M. Villanueva, Filipino American Chamber of Commerce San Mateo County, stated he will speak at the continued meeting. MIS Yee/Perma - To continue the Public Evidentiary Hearing to 1/24/96. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mr. John Costheliola, Paine Webber, related: he was hired in early October to bring forward a poten- tial to refinance bonds; bond rates are at an all time low; if the bonds are reissued it will lower the prop- erty owners rates; will affect existing assessments such as the Gateway, the Downtown, El Camino Plaza and others; a prospectus is being prepared and 1/10/96 Page 11 AGENDA AC_T!QN TAKEN 58 ADMINISTRATIVE BUSINESS 3. Presentation - Continued. 14. Three resolutions for the acquisition of Wind Chimes/Forbes Tower. .5-0~9 A RESOLUTION DECLARING SURPLUS FUNDS IN THE CABOT, CABOT & FORBES INDUSTRI- AL PARK SPECIAL ASSESSMENT DISTRICT UNIT NO. 2 AND APPLYING THE SURPLUS FUNDS TO DELINQUENCIES AT THE WIND HARP PARCEL (APN 015-250-100) A RESOLUTION DECLARING SURPLUS FUNDS IN THE CABOT, CABOT & FORBES INDUSTRI- AL PARK ASSESSMENT DISTRICT UNIT NO. 3 AND APPLYING THE SURPLUS FUNDS TO DELINQUENCIES AT THE WIND HARP PARCEL (APN 015-250-100) A RESOLUTION DIRECTING NEGOTIATION WITH GENENTECH FOR IT TO PROVIDE FUNDS TO ASSIST THE CITY IN ACQUIRING AND MAINTAINING THE WIND HARP PARCEL AND DIRECTING THE CITY TO DESIGN AND CONSTRUCT A PARK AT THE WIND HARP PARCEL (APN 015-250-100) ADMINISTRATIVE BUSINESS they are planning to have investor tours; saving $800,000 - $1.2 million; staff will be back for ap- proval for marketing of the bonds; will need a pub- lic hearing to extend the maturity of the bonds, but plan to maintain and reduce debt service and won't need a public hearing, plus the property owners gets a reduction; City gets a lower assessment for prop- erty owners and it increases the ability to develop the property. Director of Recreation & Community Services Nagel stated there was much interest to acquire this property without cost to the City and Genentech will pay $5,300, the City has assessment dollars for improvements and the City will share the mainte- nance with Genentech. M/S Penna/Yee - To adopt the Resolution for As- sessment District No. 2. RESOLUTION NO. 6-96 Carried by unanimous voice vote. M/S Fernekes/Penna - To adopt the Resolution for Assessment District Unit No. 3. RESOLUTION NO. 7-96 Carried by unanimous voice vote. M/S Mullin/Penna - To adopt the Resolution direct- ing negotiation with Genentech. RESOLUTION NO. 8-96 Carried by unanimous voice vote. Discussion followed: wasn't there an outstanding property tax bill and was it waived; The Director was not sure; the City reevaluated the property for sewer and such taxes; they were waived; credit should be given to Mr. Jake Jones, Mr. John Feudale and the Director; those people could be invited at the appropriate time; etc. Director of Parks, Recreation & Community Ser- vices Nagel related: School District has severe shortage of classrooms for mandated programs; the 1/10/96 Page 12 AGENDA ACTIQN TAKEN ADMINISTRATIVE BUSINESS 5. Resolution authorizing execution of Agreement be- tween the City of South San Francisco and the South San Francisco Unified School District for Before And After School Day Care. ~-/O A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT FOR A BEFORE AND AFTER SCHOOL DAY CARE PROGRAM , ;EMS FROM COUNCIL 16. City issued affinity credit cards. (Cassette No. 2) ADMINISTRATIVE BUSINESS City can take no action or put together an agreement for $80,000 of CDBG funds for portable sites, the cost will be $1.00 for each child; total cost is approximately $240,000. Discussion followed: the City will pay $20,000 a year to pay off; program is complete in Sept. of this year; Councilman Mullin does not have a conflict of interest to vote on this item because he works for the School District per the City Attorney; the City is giving an outright gift of $80,000 to the School District to continue the program and he hoped it will open the door to cooperation; he put himself on the Liaison Committee; if the Council does not do it there will be three centers closed down. M/S Fernekes/Penna - To adopt the Resolution. RESOLUTION NO. 9-96 Carried by unanimous voice vote. ITEMS FROM COUNCIL Director of Finance Brooks stated this was brought up by the Mayor, the City could get 5/10 of 1% of the charges and he was looking for direction. Councilman Mullin stated: in order for the Bank of Maryland to generate the advertising and marketing and pay the City they must charge a higher interest rate; what is the difference in credit cards; is it a trend to do this; if we make an arrangement and at some point some local banks are interested - will this be detrimental to local banks; he would rather do business in the local area and determine restrictions and do it locally or at least in California. Director of Finance Brooks stated: he called locally and in California and they have withdrawn this option, Bank of America especially and others do not have this available; there was a great interest some years ago, but after a few years they found it was not that profitable; the bank he found is the largest and there are contract periods; Atlanta, Geor- gia was the first to do this. 1/10/96 Page 13 AGENDA ACTION TAKEN _.LTEMS FROM COUNCIL 6. City issued credit cards - Continued. 17. Electronic voting machines. Appointment of an Airline Representative to the Conference Center Authority. -_..q'q'~ q 19. Submission of claim to PG&E for outage. 6O ITEMS FROM COUNCIL Mayor Drago stated he got the idea from Marie Peterson after reading about it in another State. Councilman Mullin stated two out of every three people carry balances from month to month. Finance Director will investigate further. Finance Director Brooks rdated: gave Council a packet tonight on one machine with two panels installed, one for Council and one for the Planning Commission; the board will show yes, no or abstain and the City Clerk will turn the switch and reset for the next vote; each member would have a switch and he needs direction. Councilman Mullin stated he was in the dark about the need for this; what is the rational; this is a small City, however, he could see it in a large City. Finance Director Brooks stated he did have a boom and he could put a mike in front of Council for a $60.00-$70.00 a piece charge. There were five written votes for Mr. Julio Bonilla to be the Airline Representative for the S.S.F. Con- ference Center Authority. Director of Finance Brooks stated that he had pro- duced a bill for $6,500 for the Mayor to submit a claim to PG&E. Mayor Drago stated the letter will be submitted to the PUC criticizing PG&E's responses. He stated a year ago the Council asked for a system to alert the public in an emergency. He stated there are claims at City Hall and anyone interested in making a claim against PG&E should come to City Hall and pick one up. Councilman Mullin questioned why Councilmembers did not receive a copy of the claim to be submitted by the Mayor. Director of Finance Brooks stated the Mayor asked him to develop the claim, but if he was filing it he would have given it to all Councilmen. Councilman Mullin questioned if copies come to 1/10/96 Page 14 A~ENDA ITEMS FROM COUNCIL 9. Submission of claim - Continued. GOOD AND WELFARE 1/10/96 Page 15 ACT!QN TAKEN ITEMS FROM COUNCIL Council and do they get a chance to input. City Manager Wilson stated they were usually circu- lated in the Friday report, but this concerns policy so, he did not know. Mayor Drago related: he found legislature on Cable late charges, and sometimes time is a factor; if it was a critic of the League it would be circulated to all Council; he has never seen an outage for 4-5 days which it should not have been for the storm was not that severe; PG&E was cutting manpower for the same thing happened last year; the most important thing is communication for some people were on life support systems, so there should be standards of response; he is saying they should have the standards and we should enforce it to the PUC. Councilman Penna stated PG&E is asking for a deregulation and are downsizing in the wrong area. The Council asked them a year ago to dedicate some crews and PG&E should be held accountable. Consensus of Council - No problem with the Mayor forwarding the letter and claim. GOOD AND WELFARE Councilman Penna expressed concern over the coloration of water and asked if the City can do anything. California Water Co. crews are telling citizens its it because they mix well water with Hetch Hetchy water and some of the tanks are old. Mayor Drago stated the pipe was installed prior to 1932 in that neighborhood. Councilman Mullin stated there is a high level of chlorine in the water system which was to have been short lived, and it is not and wants staff to investi- gate the area west of El Camino. Mayor Drago recommended that Vice Mayor Fernekes replace former Councilwoman Teglia on the Conference Center Authority. Councilman Penna stated he believes Boards and Commissions should be open and not automatically reappointed. _A GE_ND A ACTION TAKEN _..GOOD AND WELFARE Motion to adopt an ordinance authorizing renewal of a cable franchise agreement between the City and Western TV Cable. 5- I ~ ~ 5-t 6 '7' AN ORDINANCE RELATED TO THE GRANT- ING OF A CABLE TELEVISION FRANCHISE AGREEMENT TO WESTERN TV CABLE, A SUB- SIDIARY OF THE CHRONICLE PUBLISHING COMPANY CLOSED SESSION 20. Closed Session pursuant to GC 54957.6, for labor negotiations with all Units, and pursuant to GC 54956.9(a) pending litigation - Syufy v. Alioto, et al. RECALL TO ORDER: GOOD AND WELFARE Councilman Mullin related: scavenger change in pick-up schedules were sent out in multi envelopes and many people are unaware of the pickups; recommended a simple postcard during the holidays for a change in pickup for the notification was ob- scure; upgrading and relighting of the City seal on the outside of this building should have the Cultural Arts Commission oversee; which staff have car phones and beepers, and what are the reasons when they are not in safety or executive positions. City Attorney Mattas asked the Council to rescind the earlier motion on Item 8 to continue the item, adopt the ordinance, because the question on wheth- er it was the Westborough middle that was not on Cable now is true and when TCI takes over the City can negotiate that school having Cable in- stalled. M/S Fernekes/Penna - To rescind the earlier Mo- tion. Carried by unanimous voice vote. M/S Fernekes/Mullin - To adopt the Ordinance. ORDINANCE NO. 1176-96 Carried by unanimous voice vote. CLOSED SESSION Council adjourned to a Closed Session at 11:20 p.m. to discuss the items noticed. Mayor Drago recalled the meeting to order at 12:20 a.m., no action was taken on labor negotiations and direction was given. City Attorney Mattas asked the Council for a Mo- tion to direct the City Attorney to file settle agree- ment papers as expressed and discussed in Closed Session. M/S Mullin/Fernekes - To direct the City Attorney to file settle agreement papers as expressed and discussed in Closed Session. 1/10/96 Page 16 ~ENDA ACTION TAKEN 63 1. Request to adjourn the meeting to Wednesday, 1/17/96, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue, for the purpose of a study session to discuss: 1) CIP Budget Workshop, 2) Sidewalk Repair Program and 3) Mid-Year Budget Review. ADJOURNMENT: Carried by unanimous voice vote. City Manager Wilson asked that the meeting be continued to Wednesday, however, it will only be for the CIP Budget Workshop and Sidewalk Repair Program. M/S Mullin/Fernekes - To adjourn the meeting to Wednesday, 1/17/96, 7:00 p.m., City Council Con- ference Room, City Hall, 400 Grand Avenue for the purpose of a study session to discuss: 1) CIP Bud- get Workshop and 2) Sidewalk Repair Program. Carried by unanimous voice vote. Time of adjournment was 12:22 a.m. RESPECTFULLY SUBMITTED, APPROVED. __ /"~I~ck Drago, Mayor Barbara A. Battaya, City ity of South San Francisco ///~ ffity 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. 1/10/96 Page 17