HomeMy WebLinkAboutMinutes 1997-04-09Mayor Joseph A. Fernekes
Council:
James L. Datzman
Eugene R. Mullin
tohn R. Penna
Robert Yee
7~
MINE_TE~
City Council
Municipal Services Building
Community Room
287
April 9, 1997
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
APRIL 9, 1997
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that
the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 9th day of April
1997, at 6:15 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco,
California.
Purpose of the meeting:
1. Interviews of Board and Commission applicants.
SEMS training by Fire Education Specialist Susan Kennedy.
'City Clerk
City of South San Francisco
Dated: April 2, 1997
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Interviews of Board and Commission applicants..5'/.~..~
2. SEMS training by Fire Education Specialist Susan
Kennedy. .5'0
ACTION TAKEN
6:17 p.m. Mayor Fernekes presiding.
Council Present:
Council Absent:
Datzman, Mullin, Penna, Yee and
Fernekes.
None.
Due to a mix-up in timing the interviews were can-
celled by order of the Mayor.
Fire Education Specialist Kennedy related: SEMS,
the Standardized Emergency Management Systems,
was created largely as a result of the Oakland Hills
Fire of 1991; as a result of legislation all local
governments and special districts must use SEMS in
order to be eligible for state compensation for re-
4/9/97
Page 1
A~ENDA A~TION TAKEN
288
2. SEMS training by Fire Education Specialist Susan
Kennedy - Continued.
sponse related personnel costs. She described the
five components of SEMS: the Incident Command
System OCS); the Multi Agency Coordination Sys-
tem (MACS) or Inter-agency Coordination System;
the State Master Mutual Aid Agreement; the Opera-
tional Area Concept; and the Operational Area
Satellite Information System (OASIS).
She continued: the five organizational levels of
SEMS are field response (police, fire, public works
in the field); local government (the city or county);
the operational area (the County and all political
subdivisions); the region (the state regional level for
mutual aid regions and OES regions); the state (the
overall state level responsible for coordinating re-
gions, and serving as the conduit for federal resourc-
es).
She stated SEMS also has five organizational com-
ponents which are very similar to Field ICS organi-
zational components: management for setting overall
priorities, objectives and strategies for the jurisdic-
tion; operations section is responsible for gathering
situation intelligence, and creating the disaster re-
sponse plan; logistics section is responsible for
acquisition of resources; finance section is responsi-
ble for arranging purchase financing and cost re-
covery for the jurisdiction's overall response effort.
She related: information and resource requests flow
from field to local government to operational area to
regional to state; resources flow from state to region
to operational area to local government to the field;
section chiefs at all levels should talk directly to
their counterparts at other organizational levels.
She spoke of the local organization: the Public
Information Officer, Legal Officer, Safety Officer
-- Director of Emergency Services -- the Council;
under which is OPS - police, fire and public works;
planning - battalion Chief or watch commander, the
message center, damage assessment, SIT stat, re-
source stat, recovery and documentation; logistics
with the Director of Park & Rec. then communica-
tions, personnel, care/shelter, supply, utilities, trans-
portation and staging manager; Finance with the
Director of Finance, claims for reimbursement from
FEMA, time stat and costs.
Discussion followed: Councilman Mullin wanted a
legal opinion, because as a School District Emer-
4/9/97
Page 2
A~ENDA A~TION TAKEN
2. SEMS training by Fire Education Specialist Susan
Kennedy - Continued.
ADJOURNMENT:
gency Coordinator with students, where does his
responsibility lie; Councilman Penna was also con-
cerned because he manages property and apartment
houses and wants to know where his responsibility
or obligation lies during an earthquake, flood or
other emergency; the EOC has been transferred back
to West Orange Library basement, because the tilt
up construction in the MSB is not dependable; there
will be an EOC drill on 5/16/97; the whole intent of
the plan is to have the best resources present during
an emergency.
M/S Mullin/Yee - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 6:52 p.m.
RESPECTFULLY SUBMITTED,
"-~rbara A. Battaya, City Clerk
ity of South San Francisco
APPROVED.
~°~ of sPh A~]Ft~rou ~kne~'r anMcaiYs co
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.
4/9/97
Page 3
Mayor Joseph A. Fernekes
Council:
James L. Datzman
Eugene R. Mullin
lohn R. Penna
Robert Yee
MINUTES
City Council
290
Municipal Services Building
Community Room
April 9, 1997
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
Caledonian Club Flag
INVOCATION:
IESENTATIONS
Proclamation - National Volunteer Week - Melanie Tan
Proclamation - Week of the Young Child April 13-19,
1997 - Elizabeth Penman
Proclamation - National Library Week - April 13-19,
1997 - Library Boardmember Joan Marvier
MTSMA and Rails to Trails Update - Angela Rae
ACTION TAKEN
7:53 p.m. Mayor Fernekes presiding.
Council Present:
Council Absent:
Datzman, Mullin, Penna, Yee and
Fernekes.
None.
The Caledonian Club presented the colors and the
Pledge was recited after which Mr. Jim Hamilton,
Past Chief of the Club, presented the Mayor with a
bottle of scotch.
Rev. Ivy, United Methodist Church, gave the
invocation.
PRESENTATIONS
Mayor Fernekes read the proclamation aloud and
gave it to Melanie Tan.
Ms. Tan stated over 80 volumeers turned in
applications, of which 21 were placed in long term
positions and 50 in short term positions. She spoke
of the people doing volunteer work and working off
community service, and many teens were cleaning
up Sign Hill.
Councilman Datzman read the Proclamation aloud
and presented it to Elizabeth Penman of the Park &
Recreation Child Care Program.
Vice Mayor Mullin read the Proclamation aloud and
presented it to Boardmember Joan Marvier.
Boardmember Marvier announced: on 4/16/97 there
will be a log on day at the Library and an internet
demonstration; and on 4/18/97, 6:00 p.m., Frank
Miller will be present with his recorded children
stories.
Ms. Rae thanked City Manager Wilson and Coun-
4/9/97
Page 1
AGENDA ACTION TAKEN
PRESENTATIONS
iTSMA and Rails to Trails Update - Angela Rae - Con-
.3ENDA REVIEW
,~,ty Manager Wilson Requested:
Hear Item No. 3 under Administrative Business.
2.91
PRESENTATIONS
cilman Yee for accepting nominations as MTSMA
officers and she appreciated their being on board to
provide vigorous leadership. She proceeded to
briefly summarize their annual report: there are 8
cities in MTSMA; over 35% of employees are
carpooling, busing or commuting to work; this
represents a 6% increase and 15% in commute
alternatives from five or six years ago; we
attribute this to the outreach to the employees by the
employers and the shuttles; soon the Council will
receive a full annual report talking about current and
future promotions being delivered; she talked about
the trails that come after a year of fact finding; last
spring they were approached by Genentech and the
Bicycle Club with an idea to convert unused track to
a bike trail which has been happening all over the
State; they are taking the railroad corridors that are
dormant and converting them to public bicycle trails;
those miles of track are being converted to green
spaces for this use; it is one specific railroad track
that goes east to west one mile after the center of the
Oyster Point business park and terminates in the
Genentech Campus and the bay trail; she wanted to
encourage the positive benefits these trails will
bring; this will be good for the skaters, as well as
weekend strollers in route along the Bayshore, such
as the San Bruno fishing pier and the bay trail;
landscaping and the business park can attract new
business and generate revenues for the trail each
year.
In response to Councilman Yee's request she ex-
plained what MTSMA is: composed of 8 cities in
northern San Mateo County that hire a couple of
staff to do transportation information to get people
out of their cars by offering incentives and alterna-
tives like shuttles, van pools and bicycles; we set up
a program to pay for half the costs of the bicycle
locks to try to build infrastructure to support alterna-
tives; its goal is to reduce traffic congestion through
the use of grass root efforts and make an impact,
where it is no longer a regulation to do the program,
instead our programs are voluntary and we are
receiving continued interest; etc.
AGENDA REVIEW
So ordered.
4/9/97
Page 2
A~ENDA ACTION TAKEN
AGENDA REVIEW
Iayor Fernekes Requested:
- Item//9, he wants the Subcommittee to sit down with
the City Treasurer and come back to Council on a
future agenda.
ORAL COMMUNICATIONS
AGENDA REVIEW
29'k
So ordered.
ORAL COMMUNICATIONS
Mr. Dan Shattuc, Sunnyvale, stated he wanted ev-
eryone aware of Earth Week and earthquake aware-
ness and proceeded to give a demonstration of the
duck and cover procedure. He stated earthquakes
have an impact here because of the harmonic effect,
and he hoped the people of the community are tak-
ing necessary actions to get prepared in terms of
how to react during an earthquake to police and fire.
Mayor Fernekes stated, normally under this item
you have only five minutes to speak.
Mr. Shattuc stated he wanted answers to questions
he had written which the City Clerk gave to the
Mayor. He stated the plants he brought are native
to Terrabay which include poppies and a vase he
picked up on Hillside Blvd.
Mr. Eugene Sim, ArtRise, thanked the Mayor, Vice
Mayor, Council, the staff and the entire community
who served and attended the fund raiser spaghetti
dinner and showed their support for ArtRise.
Vice Mayor Mullin welcomed his sixth period gov-
ernment class and hoped it was an education. He
wanted Mr. Shattuc to know that prior to this meet-
ing and redevelopment meeting, at 6:15 p.m., the
entire staff and the Council went through informa-
tion and training on the standard emergency system
which is the plan that is in place in this City. So,
he found it interesting that these activities dove-
tailed.
He stated last night some 30 people and staff met
with a good community focus for a pilot project
over 9 to 12 months to bring to the community on
5/20/97 at the Leo J. Ryan School site. The com-
munity will sit down together and see if we can gain
a more inclusive community with one or more pro-
jects, so he encouraged people to take part if they
are called.
4/9/97
Page 3
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
4/9/97
Page 4
293
ORAL COMMUNICATIONS
Councilman Datzman stated Council recently re-
ceived letters and phone calls from customers of
TCI Cablevision about digitalizing and raising
monthly fees. He stated he and the Mayor are a
Subcommittee to work with the Manager and he
wanted the public to know that they would be look-
ing into these things at TCI.
Councilman Yee related, cities in the southern pen-
insula are interested in joining the Roundtable and
he felt the Roundtable wanted to know the position
of the cities on whether or not they want to allow
that to happen.
Discussion followed: they should be allowed to join
if they have the same concern that we have; this
would create a very large group; the concern for
them is not the aircraft taking off, but landing;
the cities in the southern part of the County are not
voting members and the ones that have the vote are
largely impacted; afraid it would put the Roundtable
in the hands of those cities not as affected; envision
a situation where they might change the approaches
and spread it more and decrease it for those margin-
ally impacted, but that would not happen if they
become members; the southern cities want a voice
on the Roundtable to deal with the Airport; in the
MOU it is clear that no city should allow it to shift
noise from one area to another and he wanted to
make sure this city is not impacted any more and as
long as we keep that in mind, anybody else is an
initial benefit as long as we don't get into a worse
situation; the planes going over the southern cities
are much higher and do not meet the CNEL of all
flights taking off over here and this city has always
taken the short end of the stick even though Council-
man Penna appreciates their wanting to have a voice
in the equation; if you look at the whole configura-
tion of the Airport it is unlikely they can shift take
offs over us; when the wind changes they land on
the S.S.F. side, but that is rare, but what they are
complaining about is the planes coming over at 4:00
a.m. and most of the people don't get used to that in
the morning; the insulation program has been limited
to 65 CNEL; these people are from Woodside and
Atherton, so they are not looking for money; the
Roundtable is advisory to an extent, but it has repre-
sentatives of each city to deal with the Airport;
with so many members, where will the meetings be
AGENDA ACTION TAKEN
COMMUNITY FORUM
RECESS:
RECALL TO ORDER:
CONSENT CALENDAR
Motion to approve minutes of the Special Meeting of
3/26/97, Special Meeting of 3/26/97 and Regular
Meeting of 3/26/97.
Motion to confirm expense claims of 4/09/97.
Resolution approving a loan from non-designated
funds for design and to amend the Capital Improve-
294
COMMUNITY FORUM
held; suggestion is to have the meetings here at the
MSB for the other places are too small; the Mayor
will follow up and support Councilman Yee's rec-
ommendation.
Mayor Fernekes stated, for a long time Councilman
Drago met with the citizens on Camaritas that were
concerned why they were not under the original
insulation program. As you remember that dealt
with their being outside of the 65 CNEL and they
requested the data and asked the Airport to retest.
The result came back in preliminarily and supported
the original data as being correct and he and Dave
Valkenaar will meet with the property owners and
make sure their questions are answered.
He stated that BCDC is a very important agency and
we are pleased that Councilman Yee has been ap-
pointed to that agency, as this is the first time we
were chosen and he congratulated Councilman Yee.
He stated the Board of Supervisors approved the
agreement with the airlines, so that part of the fund-
ing has been authorized by the Board of Supervisors
and will go to the BART Board for approval.
He stated a week ago the wind harp was dedicated
as a City park and gave a lot of thanks to the park
people. One additional item is what Mr. Sim talked
about concerning ArtRise, and he personally wanted
to thank the Council and the staff for having cooked
and served 300 dinners to the community for the
benefit of ArtRise.
Mayor Fernekes called a recess at 8:45 p.m.
Mayor Fernekes recalled the meeting to order at
8:52 p.m., all Council was present.
CONSENT CALENDAR
Removed from the Consent Calendar to record an
abstention vote by Councilman Yee because he was
absent that evening.
Approved in the amount of $1,505,594.70.
Removed from the Consent Calendar by the City
Manager to be heard under Administrative Business.
4/9/97
Page 5
A~ENDA A~ION TAKEN
CONSENT CALENDAR
t. R~olution - Continued.
ment Program to include design of the Oyster Point
Widening Project. 5 ! 2. O
A RESOLUTION APPROVING THE AWARD OF
CONTRACT CHANGE ORDER NO. EW-4 TO
CH2M HILL FOR THE DESIGN AND PREPARA-
TION OF CONSTRUCTION DOCUMENTS FOR
THE WIDENING OF A PORTION OF OYSTER
POINT BOULEVARD AND APPROVING AN
AMENDMENT TO THE CAPITAL IMPROVE-
MENT PROGRAM BUDGET FOR THE BOULE-
VARD WIDENING AND APPROVING A LOAN
OF $300,000 TO THE SOUTH SAN FRANCISCO
REDEVELOPMENT AGENCY TO FUND THE
COST OF PREPARING THE CONSTRUCTION
DOCUMENTS AND ACQUIRING THE NECES-
SARY RIGHT-OF-WAY
4. Motion to accept a 66" storm drain and an 8" sanitary
-_ sewer for the Avalon Heights Subdivision. ~: ~'
Motion to schedule an evidentiary hearing on 4/23/97
for Use Permit Modification UP-78-471 Mod. 3 to
allow upgrade restriping of the parking spaces located
at 1200 El Camino Real - Garage in the P-C Planned
Commercial Zone District in accordance with SSFMC
20.74.080(e) and 20.91.030(1) Kaiser Perma-
nente/Noah Kahn, Owner/Applicant.
Motion to approve the installation of a Mission Bell
by the S.S.F. Women's Club at the southwest corner
of El Camino Real and Arroyo Drive near the Munic-
ipal Services Building. ~'/,~-
Resolution approving a request from the
Avalon/Brentwood Homeowners Assoc. to rename the
renovated Avalon Lots to Avalon Memorial Park..~'Oo/o
A RESOLUTION APPROVING A REQUEST
FROM THE AVALON/BRENTWOOD HOME-
OWNERS ASSOCIATION TO RENAME THE
RENOVATED AVALON LOTS TO "AVALON
MEMORIAL PARK"
Resolution authorizing a contract with Kleinfelder for
special inspection and material testing in an amount
not to exceed $16,210; authorizing a contract with
295
CONSENT CALENDAR
Approved.
Approved.
Removed from the Consent Calendar for discussion
by Vice Mayor Mullin.
RESOLUTION NO. 26-97
4/9/97
Page 6
AGENDA ~TION TAKEN
296
CONSENT CALENDAR
t. Resolution - Continued.
Harlan, Tait, Assoc. for geotechnical inspection and
testing in an amount not to exceed $25,000; authorize
a contract with Brian Kangas Foulk for construction
staking in an amount not to exceed $14,500 for the
new Corporation Yard. ,5't~'~ 0
A RESOLUTION AUTHORIZING AWARD OF
CONTRACTS TO KLEINFELDER, HARLAN-TAIT
ASSOCIATES AND BRIAN KANGAS FOULK FOR
THE INSPECTION AND CONSTRUCTION STAK-
ING RELATED TO THE NEW CORPORATION
YARD PROJECT
Motion to approve Minutes of the Special Meeting of
3/26/97, Special Meeting of 3/26/97 and Regular
Meeting of 3/26/97.
Motion to approve the installation of a Mission Bell
by the S.S.F. Women's Club at the southwest corner
of El Camino Real and Arroyo Drive near the Mu-
nicipal Services Building. ~"d~'~ E)
ADMINISTRATIVE BUSINESS
3. Resolution approving a loan from non-designated
funds for design and to amend the Capital Improve-
ment Program to include design of the Oyster Point
Widening Project. ..~ I
A RESOLUTION APPROVING THE AWARD OF
CONTRACT CHANGE ORDER NO. EW-4 TO
CH2M HILL FOR THE DESIGN AND PREPARA-
TION OF CONSTRUCTION DOCUMENTS FOR
THE WIDENING OF A PORTION OF OYSTER
CONSENT CALENDAR
RESOLUTION NO. 27-97
M/S Penna/Datzman - To approve the Consent
Calendar with the exception of Items No. 1, 3 and
6.
Carried by unanimous voice vote.
M/S Penna/Datzman - To approve the Minutes of
the stated meetings.
Carried by majority voice vote, Councilman Yee
abstained.
Vice Mayor Mullin wanted to acknowledge the
Womens Club's activity through the Federation of
Women Clubs to place one of the Mission Bells, for
originally there were 450 that today number 150.
M/S Mullin/Datzman - To approve the installation
of a Mission Bell by the S.S.F. Women's Club.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
City Attorney Mattas described the changes to the
resolution he will make: Item 2 will read "the City
Council further authorizes the City Manager to
award a time and material contract in an amount
not to exceed $25,000 for the widening of Oyster
Point and to enter into a contract consistent with the
first phase of the preliminary design and come back
to you"; he recommended that the Council leave
Item 1 in there, that is the City agreeing to lend the
money; Items 3, and 4, to amend the CIP, have
4/9/97
Page 7
~ENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
t. Resolution - Continued.
POINT BOULEVARD AND APPROVING AN
AMENDMENT TO THE CAPITAL IMPROVE-
MENT PROGRAM BUDGET FOR THE BOULE-
VARD WIDENING AND APPROVING A LOAN
OF $300,000 TO THE SOUTH SAN FRANCISCO
REDEVELOPMENT AGENCY TO FUND THE
COST OF PREPARING THE CONSTRUCTION
DOCUMENTS AND ACQUIRING THE NECES-
SARY RIGHT-OF-WAY
Report on the salary and benefits of the City Trea-
surer and a Motion for direction on further action.
297
ADMINISTRATIVE BUSINESS
authority for the expenditure for 4; the widen-ing
comes from the CIP and with those changes it is in
order.
Councilman Yee stated Item 2 related to the right-
of-way for $45,000.00.
City Attorney Mattas stated no, it is all in the
$25,000, but that would be included in the total
authorization of $25,000 and the Manager would
enter into a time and materials contract. He
again read Item 2: He took out $45,000., "the City
Council further authorizes the City Manager to
award time and material in an amount not to exceed
$25,000 for the widening and to enter into a contract
for right-of-way acquisition activities."
Councilman Yee stated his only concern with the
right-of-way acquisition, is that we would not know
for certain what right-of-way.
City Manager Wilson stated it is the railroad right-
of-way we are talking about and it can be changed
to read that, for they would pick up the whole right-
of-way and tentatively we are not acquiring any
other private right-of-way, but it has to be deter-
mined. He believed the railroad right-of-way will
be sufficient, so you know there will be some of
Shearwater included because it is coming through
the project. He would rather keep it separate, for
we are looking at 2 or 3 other areas. They would
undertake this, not using CH2M Hill.
Councilman Yee stated that was okay, if the width is
different.
Councilman Penna stated that is a very historic site,
the railroad right-of-way.
M/S Yee/Penna - To adopt the Resolution as
amended.
RESOLUTION NO. 28-97
Carried by unanimous voice vote.
Mayor Fernekes stated the Subcommittee will meet
with the Treasurer and the item will be reagendized.
4/9/97
Page 8
AGENDA ACTION TAKEN
LEGISLATIVE BUSINESS
Motion to waive reading and introduce an ordinance
amending City Council compensation. 5'/~ 7'
AN ORDINANCE REPEALING CHAPTER 2.12
AND ADDING A NEW CHAPTER 2.12 TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE
RELATING TO CITY COUNCIL COMPENSA-
TION
LEGISLATIVE BUSINESS
City Clerk Battaya read the title of the ordinance in
its entirety.
City Attorney Mattas related: City Council com-
pensation is established by the Government Code;
the City Council is paid $300 a month for Council
duties that are extensive and that was established in
1976 and no increases have been authorized since
then; the amount that was authorized in 1976 was
based on population which was less than today;
Council, based on population, may be paid up to
$500.00 a month and there are ways to have the
salary go beyond that by a CPI which this Council
has chosen not to do; the $500.00 salary is to pro-
vide you with a moderate compensation for the
Council meetings and meeting with the citizens and
various things involved in and by statute; the ordi-
nance before the Council would set in motion the
$500.00 monthly salary effective in December,
because any amendment to compensation is not
effective until a number of Council are seated in an
election year; a comparison of other cities salaries,
with populations over 50,000, was included in the
packet; the raise is equivalent to other cities and
substantially lower than others.
Councilman Yee stated that Mr. Penna, Mr.
Datzman and himself may not benefit from this if
we are not elected, conversely, of course, the Mayor
and Vice Mayor will benefit. He stated he had been
with the Council for four or five years and can
honestly say in terms of time spent for compensa-
tion, $500.00 is not enough. He said, by the same
token he is prepared to take nothing because he
believes this is a job he is willing to serve, and it is
not the dollars and sense that cause him to be here.
So, he believes it is justified and he may or
may not benefit and he will introduce the ordinance
after it is discussed.
Councilman Datzman related: it is authorized by the
Government Code and 21 years is a long time since
it was changed; compensation here is lower than five
or six cities on the peninsula; even after the increase
we are still below other cities and it does not take
place until after the election and no CPI which is a
straight forward approach.
M/S Yee/Datzman - To waive reading and introduce
4/9/97
Page 9
AGENDA
A_.CTION TAKEN
LEGISLATIVE BUSINESS
0. Motion - Continued.
ITEMS FROM COUNCIL
11. Appointments to the Historic Preservation Commis-
sion and the Personnel Board by the City Council.
GOOD AND WELFARE
LEGISLATIVE BUSINESS
the ordinance.
Carried by unanimous roll call vote.
ITEMS FROM COUNCIL
Mayor Fernekes was uncomfortable with the lack of
applicants to consider for the Historical Preservation
Commission.
Councilman Datzman questioned if the policy is that
people will not be considered unless they are inter-
viewed.
City Clerk Battaya stated Mr. Pendergast and Mr.
Molina did not appear for their interviews.
The City Council, by majority written vote, appoint-
ed Eloise Kee to the Personnel Board.
GOOD AND WELFARE
Mr. Pat Nobis, Alden Glen, related: more vandal-
ism attacks on his property; the police caught some
of the perpetrators and identified them, for which he
was grateful; he wants clarification, for Sunstream
Homes damaged their fence with a bulldozer which
they fixed, but during the encounter with Sunstream
he made reference to the 10' wall that Sunstream did
not build, even though it was recommended by the
police and planning, and was told Sunstream knew
they would not have to build the wall after a meet-
ing with Mr. Yee and another Councilmember
which he realized was against the Brown Act.
Councilman Yee stated he attended no such meeting
and does not break the law.
Mr. Nobis stated the Sunstream person said that Mr.
Yee was at the private meeting and they were as-
sured that a wall would not be built. He wants to
know if it happened, was it a violation of the Brown
Act, because he did identify Mr. Yee.
Councilman Yee reiterated that he does not violate
law, did not attend any such meeting, and asked the
City Attorney how he could be safeguarded against
untrue accusations. He wants to know who said it
and when the date was, for we cannot let people
4/9/97
Page 10
A~ENDA ACTION TAKEN
300
GOOD AND WELFARE
12.
Motion to adjourn the meeting to Wednesday,
4/16/97, 6:00 p.m., City Council Conference
Room,400 Grand Avenue, for a joint meeting with
the Planning Commission for a kickoff of the General
Plan and then a Council study session on the EMS
Program and a second ambulance.
ADJOURNMENT:
GOOD AND WELFARE
accuse us of violating the Brown Act when it is not
true.
Vice Mayor Mullin stated he never met with
Sunstream at any time, either for a one on one or
two meeting and does not know the Sunstream peo-
ple.
Mr. Nobis stated the other Councilmember was not
Penna or Datzman.
City Attorney Mattas stated it is very difficult for a
public official, while there are citizen damages,
however, he will look into the allegation.
Mr. Nobis stated the wall we were discussing was to
be atop the green belt and it was a divided wall with
high density walls and this Council voted it down so
the apartments did not lose their views. At one
meeting Sunstream needed that wall to protect their
people, at the next meeting they wanted a 6' wall
and Council said a 10' fence at the property line -
which he currently has and it does not work. He
personally will inform the new people that buy the
new homes of the existing problem that was not
addressed by the Council.
M/S Mullin/Penn - To adjourn the meeting, but not
to a date certain as requested on the Agenda.
Carried by unanimous voice vote.
Time of adjournment was 9:28 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Cler
City of South San Francisco
APPROVED.
Joss~ pl~ A.~Fer~
Cit~'of S~uth San Francisco
4/9/97
Page 11
AGENDA ACTION TAKEN
301
.The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
ons, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the
~ffice of the City Clerk and are available for inspection, review and copying.
4/9/97
Page 12