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HomeMy WebLinkAboutMinutes 1996-05-22 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ---lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room May 22, 1996 VOl-..5-o CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ertificate of Recognition to Kevin Brandwold - Nomi- ~ted to Represent the State of California at High O'Brien Youth Foundation World Leadership Conference ,ff/.5'~ Goals and Objectives on Maintenance by Director of Parks, Recreation & Community Services Nagel 500 ~, ACI!ON TAKEN 7:30 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. Rev. Baltodadno Francisco, Mission del Espiritu Santo, gave the invocation. PRESENTATIONS Mayor Drago presented the Certificate to Mr. Brandwold and commented that this is a program that motivates young people to become leaders. Director of Parks, Recreation & Community Ser- vices Nagel presented a slide show and related: in 1994 Arroyo Seco did a maintenance study to come up with recommendations for improved service activities; at that time maintenance was divided into public works with streets and traffic, WQCP with sewers and stormwater, the garage and they all came under community services; in October of last year all services were combined under Mr. Nagel; the real challenge was to identify where they were going; he utilized Terry White and Rich Bordi to develop the operating and capital improvement budget; he formed an employee task force and the Union President would review the current work practices and improvements to be made responding to Arroyo Seco's suggestions; Jim Datzman sat down with them to establish goals, proper use of resources, technology, training, a statement of purpose and develop a list of management and per- formance standards and orchestrate all activities to hold people accountable; he wants the services to be visible and accessible while the men work as a team; 5/22/96 Page 1 AGENDA ACTION TAKEN PRESENTATIONS foals and Objectives - Continued. ~,GENDA REVIEW ORAL COMMUNICATIONS 5/22/96 Page 2 PRESENTATIONS projects were undertaken to show who is responsi- ble; offering of incentives; every goal incorporates the Arroyo Seco suggestions; he thanked Mr. Datzman for focusing his efforts. Discussion followed: what is the incentive other than an employee keeping his job; to improve the image and productivity and make people aware while improving the quality of life; outside compa- nies have a bonus or financial incentive; wouldn't that be more rewarding and maybe look into that; the Mayor felt it was worth considering; the Council felt the Director did a very good report; etc. Mayor Drago congratulated Councilman Mullin on his recent commendation for work in the School District. Councilman Mullin stated they have a process in which they chose 60 teachers from Excellence in Education and this is the 4th year where each was given a grant to use and his was for computer soft- ware. AGENDA REVIEW City Manager Wilson stated there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. James Luff, 331 Arbor Dr., thanked the Coun- cil for providing a transcript of Police Officer Molieri's hearing. He read it and firmly believes everyone should read it for there are obvious, seri- ous problems in the Police Department. He related: if this is the type of investigation made in personnel matters, what could they do in a criminal matter; the Personnel Board sent a message - "not guilty", and put the ball in the Council's hands; the message is that the City should not discriminate against minori- ties or anyone else, and anyone who does will be dealt with; this the citizens demand and the law demands; he read incidents against Hispanic citizens; he wants to know what has been done about it - is there a double standards for the officers investigat- ed; someone is allowing the Chief to determine whether it is against the law or Department rules; there are other police officer incidents against other AGENDA ACTION TAKEN ORAL COMMUNICATIONS 5/22/96 Page 3 ORAL COMMUNICATIONS minorities and females; he was told the officers being investigated will be released; he was told that the investigation has been completed and there is a memo to the officers that the results will not be released; we as citizens have paid for the investiga- tion and we have a right to know what it says; we demand that the entire investigation be released, so we know what is going on; remember the Chief of Police and the City Manager are accountable and the Council, as our elected officers, for we did not elect them to hide things; we demand you release the entire investigation that we the citizens have paid for; etc. City Attorney Mattas stated the City received the first draft from the individual investigators the City hired which the City Manager and himself are re- viewing and an Attorney is assisting them in the events. He stated there is substantial information that is protective of a police officer's rights, so the conclusion will be made public, but the entire report they are still reviewing. He stated there is an on- going EEC and we are preparing a response to the EUC. He stated there is substantial information in the report that would require a Pitch's Motion for a police officer's personnel report and the Police De- partment cannot release it without a direct order from the Court, so they are looking to see what can be released. He thinks the conclusion can be re- leased, it was prepared at the request of the City Manager and City Attorney for the IR and for Offi- cer Molieri's attorney and they will be sending a response to Officer Molieri's attorney. Discussion followed: is there a time frame for Officer Molieri's attorney regarding the investiga- tion; there is something in a two week range; if the City institutes action there is an opportunity for an open hearing or a closed hearing; if closed that is not always made open to the public; should the alle- gations prove true, that officer will have the oppor- tunity for a public hearing, if there is disciplinary action, will that be made public; police officers files are covered under the Police Officer's Bill of Rights and State statutes and requires a Pitch's Motion in Superior Court and someone must show good cause, like litigation, and the records are relevant; etc. Mr. Mike Molieri asked if the Council had read the AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM 5/22/96 Page 4 ORAL COMMUNICATIONS transcript, and if not are they going to read it. Mayor Drago stated the Council did not have to respond to Mr. Molieri and he did not feel it was pertinent if they do or don't, however, he will read it for sure. Mr. Dennis Neil related the following: he wanted to see a more acceptable police department; he wanted to get a police complaint form and had a difficult time; the City's procedure is to go through a series of people to get to the top where, in some cities, you get it from a desk in the lobby; he came in on foot and asked to see pictures of employees and was turned away; the Watch Commander asked why, he gave him a reason and a second; he told him he wanted to see Officer Molieri's picture and was told no; he feels all officers should have busi- ness cards, including the Police Chief and he was not given one by the Chief or the police officer; etc. Discussion followed: all City employee's pictures are on a board in City Hall; City Manager has it in his Office; Mayor Drago was going to take the suggestion as constructive criticism for he does not want to see bashing; the Police Chief has a com- plainant speak to the Watch Commander, but some- times they are not satisfied with that; sometimes they fill out the forms and a lengthy investigation follows when they can talk to the Watch Command- er and settle the matter; all officers have business cards, but sometimes they run out and they have to be reordered; etc. COMMUNITY FORUM Vice Mayor Fernekes stated he attended a legislative breakfast where there was a most heated discussion of SCA36 that talks about a 2/3 thirds vote rather than a simple majority. He wanted the Council's feelings on the Bill because it will be brought out at the Council of Cities' dinner. Discussion followed: is this part of the constitu- tional amendment that will go on the ballot; Coun- cilman Mullin believes it is separate from the State revision; Vice Mayor Fernekes asked when the next School Liaison meeting will take place; City Manager Wilson is having difficulty scheduling a AGENDA ACTION TAKEN ORAL COMMUNICATIONS 5/22/96 Page 5 ORAL COMMUNICATIONS meeting; agendize the following for the meeting - update on the child care sector and money they are raising and status of the School District's surplus property and what they plan to do with El Rancho; as a Councilmember, Councilmember Mullin was surprised at the sizeable amount of information given each week to Council from each Deplartment; he made reference to a newspaper article given Council by the Police Chief relating to the presence of large numbers of gangs in the San Mateo area with an indication that the problem was more severe; he then asked for an update from the Police Chief at the next Council meeting and he invited that report. Police Chief Raffaelli stated he spoke to the Sergeant and he was misquoted in some areas. He was quite shocked that all the gang problems were in Redwood City and San Mateo, but they were not noticed in the article. Our City started to have zero tolerance to gangs and the gang problems have been reduced to three gangs in S.S.F. To date we have ten gangs and there was one incident in Daly City involving our gangs and there was retaliation but we are on top of them. There are the Cypress or South City Boys, the Susie Way Gang and the Westbor- ough Posse and there is conflict between them, but they stay in their own areas. He stated there is also a North County Gang Task Force of the North County Cities and every other weekend they go out and work the North County towns and pick up and identify the gang members, etc. Councilman Mullin thanked the Police Chief for clarifying and putting to rest concerns raised by the article of gang activity in this City. He stated Saturday he spent time at the Wind Chimes and saw a large cadre of City employees and volunteers working up there, and towards the end of the day there were donations by the Haskins Grading Co. to do a large portion per bono. Vice Mayor Fernekes stated Saturday he attended the program at Martin School by the Economic & Community Development Department that was very well received and they did a wonderful job. AGENDA ACTION TAKEN CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 5/8/96 and Regular Meeting of 5/8/96. Motion to confirm expense claims of 5/22/96. Resolution of award of contract to Shaw Pipeline Inc., as the lowest responsible bidder, in an amount not to exceed $377,507.00 for the Orange Avenue Storm Drain Improvements Project. .5'05 "7 A RESOLUTION AUTHORIZING AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SHAW PIPELINE, INC. FOR INSTALLATION OF PIPE REPLACEMENTS TO INCREASE THE CAPACITY OF STORM DRAINS ON ORANGE AVENUE 4. Resolution authorizing execution of Caltrans Agree- ments for Program Supplement Agreement Numbers 016 and 017 to Local Agency-State Agreements No. 04-5177 to install safety warning devices and surfac- ing at the railroad crossing on Utah Avenue and to install warning gates and surfacing at the railroad crossing on Harbor Way. A RESOLUTION AUTHORIZING EXECUTION OF TWO AGREEMENTS BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CALTRANS FOR THE RAILROAD CROSSINGS ON UTAH AVE- NUE AND HARBOR WAY o Resolution approving the amended map of Carter Park I and authorizing the recordation of the map and related documents by the City Clerk. A RESOLUTION APPROVING THE AMENDED MAP OF CARTER PARK I CONDOMINIUM SUB- DIVISION AND AUTHORIZING RELATED ACTS Resolution approving plans and specifications for the Slurry Seal Program and authorize advertisement for bids. .ff, O~D A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1996-1997 SLUR- RY SEAL PROGRAM CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Yee. Approved in the amount of $1,278,340.37. RESOLUTION NO. 77-96 RESOLUTION NO. 78-96 RESOLUTION NO. 79-96 RESOLUTION NO. 80-96 5/22/96 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution approving plans and specifications for the 1996-97 Street Resurfacing Project and authorizing advertisement for bids. .5'0 'SD A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1996-1997 STREET RESURFACING PROJECT o Resolution approving job specifications and salary range for a Revenue and Contract Compliance Audi- tor and approving the salary range for the Projec..t Read Office Manager./"- oo A RESOLUTION AMENDING THE CITY OF SOUTH SAN FRANCISCO AFSCME UNIT AND MANAGEMENT GROUP COMPENSATION PLANS Resolution of intention to amend the PERS contract to provide 2% at age 55 retirement benefit for miscella- neous employees, p-ooO A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO 10. Resolution of award of contract for specific Street and Parkway Landscape areas to Enviroscapes in the amount of $65,760.00 as the lowest responsible bid- der. ,5'0o A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LAND- SCAPE AREAS 11. Resolution of award of contract for landscape mainte- nance of the West Park 1, 2 & 3, Grandview Com- mons, Stonegate Ridge and Willow Gardens Common Greens to North Bay Landscaping in the amount of $261,600.00 as the lowest responsible bidder. 500 A RESOLUTION OF AWARD OF CONTRACT FOR THE WEST PARK 1, 2 & 3, GRANDVIEW COMMONS, STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS CONSENT CALENDAR RESOLUTION NO. 81-96 RESOLUTION NO. 82-96 RESOLUTION NO. 83-96 RESOLUTION NO. 84-96 RESOLUTION NO. 85-96 5/22/96 Page 7 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution authorizing submittal of grant application for Families for Literacy Funds for 1996/97 Fiscal Year. ~ o ,2 A RESOLUTION AUTHORIZING THE SUBMIT- TAL OF A GRANT APPLICATION FOR FAMI- LIES FOR LITERACY FUNDS FOR 1996/97 FIS- CAL YEAR FOR THE SOUTH SAN FRANCISCO LIBRARY 13. Resolution providing interim spending authority dur- ing the first 60 days of the 1996-97 fiscal year. :ffl20 A RESOLUTION APPROVING INTERIM FUND- ING FOR FISCAL YEAR 1996-1997 FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS 14. Resolution authorizing an amendment to the City Manager's contract. ,-q~, ~5 D A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL A. WILSON AND THE CITY OF SOUTH SAN FRANCISCO DATED DECEMBER 14, 1994 1. Motion to approve Minutes of the Special Meeting of 5/8/96 and Regular Meeting of 5/8/96. CONSENT CALENDAR RESOLUTION NO. 86-96 Removed from the Consent Calendar for discussion by Councilman Mullin. RESOLUTION NO. 87-96 M/S Fernekes/Penna - To approve the Consent Calendar with the exception of Items No. 1 and 13. Carried by unanimous voice vote. Councilman Yee related: on page 14, Item 1 (on the minutes of the 5/8/96 regular meeting), on the Motion, it is not clear on the discussion about two lanes - it does not indicate the 22' that they talked about. So, maybe, if it is okay could they incorpo- rate into the minutes that ingress and egress is part of the extension of Sunset Avenue into the Subdivi- sion and shall be widened to accommodate two lanes, 22' wide. Then the height of the fence was not clear, so maybe the City Attorney could clarify that. City Attorney Mattas stated he and the City Engineer came up with amended language to reflect the Council's direction which they thought they reflected in this, that the fence should be 10' in 5/22/96 Page 8 AGENDA ACTION TAKEN Motion to approve Minutes - Continued. 5/22/96 Page 9 height, except where the slope -- because the slope on the Willow Greens actually slopes downward and as you are looking over the points where the fence -- the property line where the fence would be built would be at the same grade level as the usable part of the common greens park area. In other parts it actually slopes down and would be below it. He suggested turning to page 15 of the minutes begin- ning on the 5th line after the word "be" - strike the rest of that sentence and insert "10' except where the property line between Chestnut Estates and Willow Gardens is at the same grade as the usable Willow Gardens park where the fence shall be 8'. Portions of the fenced area shall be between 8' and 10' as determined by the City Engineer based on the slope of the grade from the usable Willow Gardens to the property line." With that amendment the City Engineer believes that he has sufficient direction and they believe it will be sufficiently clear to the Devel- oper to clearly express what was the Council's direction at the last meeting..It will obviously take the City Engineer to diagram this out, because the fence could conceivably be 10', it could be 9' in some areas and at the lowest height it will be 8'. Councilman Yee stated he does not have a map in front of him and does not know where lots 49-64 are, in fact all those lots are on the westerly side of the subdivision. City Attorney Mattas replied, they are and for the record he believes the Council received a copy of the memo he provided to the City Clerk changing the lot designations from 45-64 that were incorpo- rated into the minutes to 49-64. The purpose of that was to reflect the lots 45-48 are not part of the common greens area. There was significant discus- sion at the Planning Commission meeting as to the desire of those property owners who are behind Chestnut Estates who did not have a high fence, to the Council's entire discussion about the elevation of the fence related to that portion of the fence that adjoins the common greens area and that is the basis of the change to 45-48. Councilman Yee stated, so the Attorney is saying that for lots 45-48 the fence will be determined be- tween the Developer and the property owner. City Attorney Mattas stated that was correct. AGENDA ACTION TAKEN Motion to approve Minutes - Continued. 13. Resolution providing interim spending authority dur- ing the first 60 days of the 1996-97 fiscal year. ~1,20 A RESOLUTION APPROVING INTERIM FUND- ING FOR FISCAL YEAR 1996-1997 FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS Motion by Councilman Yee - To approve Item 1. Councilman Mullin stated he has other changes in addition to the lot numbers, also reversing "detailed design" to "design details", paragraph 5, line 3 on page 15. Another change is on page 3, bottom paragraph, where he commented on Christmas in April and apparently said it was in the 300 block of Miller Avenue when in actuality the work took place on the 300 block of B Street. M/S Yee/Fernekes - To approve the minutes of the regular meeting of 5/8/96 as amended by Council- man Mullin with the exception of the discussion of Chestnut Estates. Carried by unanimous voice vote. M/S Yee/Fernekes - To approve the minutes of the regular meeting of 5/8/96 as amended relative to Chestnut Estates. Carried by majority voice vote, Councilman Penna abstained and did not take part in the discussion or vote. Councilman Mullin asked if this was common place for cities such as this to have continuing resolutions for periods of time prior to adoption of the fiscal year budget. If this is so - why and what are the factors for a continuing resolution. Finance Director Brooks stated the continuing reso- lution is put through to give the Council some lee- way for if there were a problem and the budget was not adopted by 6/26/96 there would be 10 days until the next meeting without authority to fund anything. There have been years where the budget was not adopted until October or December, but last year it was adopted in July. M/S Mullin/Yee - To adopt the Resolution. RESOLUTION NO. 88-96 Carried by unanimous voice vote. Discussion followed: when will the Council get a copy of the budget; next week; staff will meet with the Subcommittee and the budget will go to Council in June. 5/22/96 Page 10 AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Use Permit Modification UP-93- 949/Mod 1 and Variance V-93-321 per resolution of the Planning Commission recommending the City Council modify the conditions of UP-93-949 pursuant to Section 20.91 of the S.S.F. Municipal Code. El Meson del Mariachi (Roberto Sanchez), Applicant; Harry Simotas, Owner of 151 Spruce Avenue; Con- duct Public Hearing; adopt resolution. 5'O'g~ A RESOLUTION APPROVING MODIFICATION OF THE CONDITIONS OF THE UP-93-949 PUR- SUANT TO SECTION 20.91 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING 151 SOUTH SPRUCE AVENUE PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Director of Economic & Community Development Van Duyn related: underage drinking and fighting at the restaurant has necessitated police response; the police have worked with the owners to address the problems; the Council has a set of modifications that were negotiated by all parties involved; there will be increased security and police on outdoor conduct of the underaged and increased on-site management responsibility; these modifications allow the Police Chief to suspend the use permit for violence or problems that occur; there are indica- tions that the operations have improved in recent weeks and staff recommends the Council approve the conditions and the owner agreed to the condi- tions at the Planning Commission meeting. Mayor Drago invited anyone wishing to speak for or against the item to step to the podium - no one did and he closed the Public Hearing. Director of Economic & Community Development Van Duyn stated there is one amendment he would like to bring to the Council, Exhibit A, which is specifically related to the modification. Mayor Drago reopened the Public Hearing. Director of Economic & Community Development Duyn stated Exhibit A, paragraph 6, that the Plan- ning Commission can avoid this without public hearing, that should read that it requires a publicly noticed hearing. Discussion followed: the regular patrons and the underage patrons will be separated - this is part of the policy drafted by the Police; the restaurant had a DJ, was serving alcohol to underaged patrons on one side and 21 year olds on another; there were over 200 people there and a fight occurred and the police were out numbered; because it is a restaurant under- age people can be in there, but no dancing can start until everyone under 21 has left the area; people were dancing in the parking lot; the police have been working on the security, there are five guards that check IDs of the patrons; a few weeks ago some underaged people got in past the guards and there was a fight; the restaurant provides entertainment 5/22/96 Page 11 AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. ADMINISTRATIVE BUSINESS Resolution approving Sister City Program guidelines identifying the City's responsibility. .5'/.5'.~ A RESOLUTION APPROVING SISTER CITY PROGRAM GUIDELINES IDENTIFYING THE RESPONSIBILITIES OF THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO SISTER CITY COMMITTEE PUBLIC HEARINGS and does not want problems or fights and the police are working towards that goal and the tools have been put in place. Discussion followed: do the police screen through the promotion material to see that there is not pro- motion activity that encourages people under 21; the restaurant will not have any types of parties with patrons under 21 and if they do they will close down the bar; the Police Chief feels confident in control- ling the problems through the ability to pull the use permit and suspending the dance permit; etc. Mayor Drago close the Public Hearing. M/S Mullin/Fernekes - To adopt the Resolution. RESOLUTION NO. 89-96 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Parks, Recreation & Community Ser- vices Nagel related: the City currently has three sister cities: Lucca, Italy, Atotonilco, Mexico and Kishiwada, Japan; this will be a fourth sister city; Council felt it was important to develop guidelines; the Subcommittee met with staff and the Sister City Group and two meetings were held on the guide- lines; the maximum number of sister cities being proposed is four; he cited the City's responsibilities to a sister city - a welcome at City Hall, a tour of the City, host a dinner for no more than 12 guests, regardless of the guests in attendance, the City will participate with a gift exchange; appoint a Subcom- mittee to act as the delegates; in the event that a Councilmember is to travel to the sister city the cost will be provided by a consortium and other busi- nesses which was approved by the local committee and staff is recommending adoption of the local guidelines. Councilman Yee questioned what was the rational for a maximum of four sister cities. Director of Parks, Recreation & Community Ser- vices Nagel replied: to put some limit on the num- ber of cities because most cities only have one or 5/22/96 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS fi. Resolution - Continued. 5/22/96 Page 13 ADMINISTRATIVE BUSINESS two; this City is getting up to four cities. Councilman Penna noted a great deal of cost, staff and Council time that goes into a sister city rela- tionship, in addition to being expected to attend their functions, so the Subcommittee felt it was proper to limit the number of sister cities. He stated this goes on forever, unless there is some sort of a formal way of dissolving the relationship, but it could be embarrassing to the United States to cancel a sister city relationship because of not participating any more. Councilman Yee stated he could appreciate that, but the purpose is to make friends throughout the world and if you worry about economics, well that can be dealt with if you don't want to spend money. This did not make sense to him to not make more friends around the world, because the world changes and S.S.F. has a tremendous opportunity to deal with the Pacific Rim. He does not feel staff did a lot of work on any of the sister city relationships, so the benefit is greater. Discussion followed: there can only be one sister city per country; could add another at a later time; this City has had other requests from cities in the Philippines for a sister city relationship; the Council in future could always reconsider if a group comes to the Council for a sister city relationship; Coun- cilman Yee stated, mark my words within a very short time you are going to change it from four cities, but there is no one standing in line to ask for a sister city relationship; he felt a lot of businesses also participate in sister cities functions; he asked the meaning of the last paragraph "in the event a Councilmember is required to travel" does it mean if someone wants to go they can use other people's money; a Councilmember has to provide his own funding; that policy is looking to the community, a consortium or group to fund this for the Council; that can be done without this condition; Council has always provided their own funding; if someone gave a Councilman $5,000 for a trip it would be against the law; this was a political way to say the City is not going to fund those trips, so no one is embarrassed; change the resolution and use the words, if a Councilmember is requested rather than required; Councilman Mullin stated we can be AGENDA ACTION TAICEN ADMINISTRATIVE BUSINESS 17. Resolution establishing a sister city relationship be- tween Pasig City and South San Francisco and nam- ing the City's designee to journey to Pasig City to sign necessary documents. 5'/,5'~ A RESOLUTION ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PASIG CITY ADMINISTRATIVE BUSINESS friends with many cities without having a sister city relationship with them for if we opened up trade with Korea we would not have to have a sister city relationship; etc. City Attorney Mattas stated the new language in the staff report would be amended to read "in the event that a Councilmember is requested to travel to a sister city the costs for such a trip will be provided by a consortium of appropriate community organi- zations and/or businesses" and will be inserted in the resolution as No. 7. M/S Penna/Mullin - To adopt the Resolution with the change read by the City Attorney. RESOLUTION NO. 90-96 Carried by majority voice vote, Councilman Yee voted no on the maximum number of sister cities. Director of Parks, Recreation & Community Ser- vices Nagel chronicled the request and fruition of establishing a sister city with Pasig City who had adopted a resolution last fall for the formal relation ship. The Subcommittee is recommending that the Council move into the relationship and there is a signing on 6/27/96 through 7/8/96 which adoption of this resolution will set in place. The resolution also designates a representative of the Council to take part in the signing, however, if Council is not available it is okay to have a designee. Staff has investigated and yes they can appoint an official to go and sign the documents. The Sister City Group met last night and appointed Elizabeth Nisperos and she will be on the trip and if it is the Council's desire, she can be appointed. Discussion followed: were there any consortium funds available for the trip; shouldn't the Council send some kind of a gift; it is expected that gifts are exchanged by both sides; Mayor Drago wants to meet at City Hall with the person designated to represent him; etc. Ms. Elizabeth Nisperos stated she was appointed to be Vice President of the Sister City Group, she is interested in Pasig and S.S.F., is a computer pro- grammer for the State of California Industrial Rela- 5/22/96 Page 14 AGENDA ACTION TAKEN 2. W'7 ADMINISTRATIVE BUSINESS 18. Resolution authorizing a contract amendment with Wagstaff Assoc. for the Terrabay supplemental EIR in the amount of $38,782.00. A RESOLUTION APPROVING A CONTRACT AMENDMENT WITH WAGSTAFF AND ASSOCI- ATES FOR THE TERRABAY SUPPLEMENTAL EIR EGISLATIVE BUSINESS Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Library 5/22/96 Page 15 ADMINISTRATIVE BUSINESS tions; etc. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 91-96 Carried by unanimous voice vote. Director of Economic & Community Development Duyn related: the Council authorized a contract for the supplemental Terrabay EIR with Wagstaff Assoc. which was prepared and released for public review; Council extended the public review to 3/20/96; this generated more comments that were extensive and the additional work will be ready for public distribution and review in nine weeks and public hearings would begin in 29 weeks; the De- veloper will bear the additional cost which is a general policy of the City. Discussion followed: this is strictly for Phase One; the document identifies the shell mounds; will the Council get the so-called report from Hollman; staff is trying to get the document released; part of the problem is getting access to the report for it is a private document that Sunchase does not control; Councilman Penna has seen portions of the report and feels it is critical for the shell mounds; the Council has to take formal action to extend the Development Agreement and the Specific Plan that allows the entitlement to continue on for an extended period of time and that is why the EIR is being processed and houses are being built; if there are concerns raised relative to geotechnical instabilities and they happen to be in areas construction is taking place on - is that sufficient to override the Project; cities have the ability to withhold building permits if there is a threat to health and safety; etc. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 92-95 Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of each of the seven ordinances aloud. AGENDA ACTION TAKEN ._LEGISLATIVE BUSINESS Motion - Continued. Board Trustees. AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.52.040 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY LIBRARY BOARD TRUST- EES 20. 22. 23. Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Planning Commissioners. ,.q'o ~ AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.56.030 RELATED TO ATTENDANCE AT REGULAR MEETINGS BY THE PLANNING COMMISSION Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Confer- ence Center Authority Commissioners. .5'/'/0 AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.78.050 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY CONFERENCE CENTER AUTHORITY COMMISSIONERS Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Historic Preservation Commissioners. ,5'Ot9 AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.58.050 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY HISTORIC PRESERVA- TION COMMISSIONERS Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Parks & Recreation Commissioners. 5'00 AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.60.030 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY PARKS AND RECRE- LEGISLATIVE BUSINESS M/S Fernekes/Penna - To waive reading and intro- duce the seven ordinances. Councilman Yee stated people currently waiting for reappoitment who fall into this category may not be reappointed a year from now. City Attorney Mattas stated, after the ordinances are effective they would apply to all existing and future Commissions. Carried by unanimous voice vote. 5/22/96 Page 16 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS Motion - Continued. ATIONS COMMISSIONERS 24. Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Cultural Arts Commissioners. .~'t~ O AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.80.090 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY CULTURAL ARTS COM- MISSIONERS 25. Motion to waive reading and introduce an ordinance related to attendance at regular meetings by Personnel Board Members. /'-06 O AN ORDINANCE AMENDING SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 2.62.030 RELATED TO ATTENDANCE AT REG- ULAR MEETINGS BY PERSONNEL BOARD MEMBERS ;EMS FROM COUNCIL Councilman Penna noted that the Conference Center Authority meets tomorrow and without appointments being made it is hard to get a quorum. Mayor Drago stated the individual serves until reappointment or appointments are made. Councilman Yee asked for an update by the Police Chief on the Ling Nom Restaurant. Police Chief Raffaelli stated the property owner did not want to play for the improvements and Sgt. Petrocchi sent a letter, thus far there have only been two incidents. Councilman Yee stated if conditions were not corrected the matter should come back to Council. GOOD AND WELFARE LEGISLATIVE BUSINESS ITEMS FROM COUNCIL GOOD AND WELFARE Mr. Jake Jones thanked staff and everyone who worked on the Wind Chimes clean-up for a job well done. Councilman Penna stated there is no sidewalk on 5/22/96 Page 17 AGENDA A~I!Q~ TAKEN GOOD AND WELFARE CLOSED SESSION 26. Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Director of Personnel and City Attorney on labor matters for all Units and the City Manager. 27. Motion to adjourn the meeting to Wednesday, 5/29/96, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue, for a study session to discuss the WQCP sewer rates and the stormwater sewer rates. DJOURNMENT: GOOD AND WELFARE Chestnut and Hillside at Calif. Water and wants staff to put a strip of sidewalk in for safety. Councilman Yee suggested that be done with the Subdivision on Chestnut between Hillside and Grand. CLOSED SESSION Council chose not to hold a Closed Session. M/S Yee/Fernekes - To adjourn the meeting to Wednesday, 5/29/96, 7:00 p.m., City Council Con- ference Room, City Hall, 400 Grand Avenue for a study session to discuss the WQCP sewer fees and the stormwater sewer rates. Carried by unanimous voice vote. Time of adjournment was 9:48 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. ~J/C: D~io, Mayor t_~/.'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 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. 5/22/96 Page 18