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HomeMy WebLinkAboutMinutes 1997-08-27Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room August 27, 1997 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 27, 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 27th day of August 1997, at 7:15 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Presentation of Police and Fire Awards Dated: August 14, 1997 City Clerk City of South San Francisco AGENDA ACTION TAKEN CALL TO ORDER: (Cassette No. 1) 7:50 p.m. Mayor Fernekes presiding. ROLL CALL: Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. Presentation of Police and Fire Awards Fire Chief Stark cited meritorious actions by the following people and presented them with awards: Joel Dwyer, Mark Goodwell and Police Officer Keith Wall for responding to a cardiac arrest and giving CPR until the paramedics arrived. He com- mended Paul Camoirano and presented him with an award for responding to a fire next door to his home, putting a hose in the house and putting out a fire. Police Chief Raffaelli commended and gave an award to Police Officer Larry Cusick for his quick action in preventing a suspect from removing Ofc. 8/27/97 Page 1 AGENDA ACTION TAKEN presentation - Continued. ADJOURNMENT: Molieri's gun from its holster and averting potential serious action or injury. He commended and presented a certificate of recog- nition to Deputy District Attorney Charles Smith for his investigative work on a first degree murder where the suspect was arrested and found guilty. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 8:00 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk ~,/ City of South San Francisco APPROVED. .~y of' South S~n Francisco he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- L,ons, 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. 8/27/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin .... lohn R. Penna Robert Yee MEETING MINUTES Cky Cou.¢il Municipal Services Building Community Room August 27, 1997 CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 27, 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 27th day of August 1997, at 7:20 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session, pursuant to GC 54956.9a, Waste Resources Technology vs. City of S.S.F. Consideration and adoption of a resolution approving agreement between BART and the City of South San Francisco. A RESOLUTION APPROVING AN AGREEMENT BETWEEN BART AND THE CITY OF SOUTH SAN FRANCISCO City Clerk City of South San Francisco Dated: August 26, 1997 AGENDA ACTION TAKEN CALL TO ORDER: (Cassette No. 1) 8:15 p.m. Mayor Fernekes presiding. ROLL CALL: Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. 1. Closed Session, pursuant to GC 54956.9a, Waste Resources Technology vs. City of S.S.F. Mayor Fernekes stated this item will be heard at the end of the regular Council meeting. Consideration and adoption of a resolution approving agreement between BART and the City of South San Francisco. ~O6~ City Attorney Mattas presented his staff report through a slide show and proceeded to outline the multi-page BART agreement in great detail for staff had been working on it up to late this afternoon. 8/27/97 Page 1 AGENDA ACTION TAKEN ...2. Consideration- Continued. A RESOLUTION APPROVING AN AGREEMENT BETWEEN BART AND THE CITY OF SOUTH SAN FRANCISCO The Council may want to act on the document or have additional time and continue the item. Part of the necessity or reason for a special meeting is that BART has concluded their agreement with a number of cities and the only ones not done is S.S.F. and Burlingame. Because of the cancellation of the next meeting this Council will not have a regular meeting until after BART is trying to bring this to the BART Board, so he wanted to bring some of the provisions and Council can schedule another special meeting, delay action or act on it. He related: the agreement is 33 pages and breaks down into five sections which he described; concern over the right-of-way; to clearly identify the alterna- tive is an underground approach and not an aerial alignment; the subcontractors will provide security and fencing at the station line; these plans will be sent to the police and the departments prior to final approval. Discussion followed: Vice Mayor Mullin would prefer not acting on the document tonight, review the document and ask specific questions; he has concern for students during the construction and wants the access well maintained throughout the construction process; also important is for BART to assign a single representative to handle the com- plaints for a project of this size may raise concerns with the members of the public and he wanted that person to address concerns within eight hours; Councilman Yee stated that was one of the important issues raised in the study sessions, which was to have BART pay for a coordinator or whatever that the City will hire who will be responsible to the City Manager, because a citizen will be calling City Hall and that person will be our representative; City Attorney stated no, if that was the Council direction staff may not have negotiated that in the agreement, but BART will have the representative - but, if the Council wants to have this; Councilman Yee stated stated there was a situation like this with Hetch Hetchy that was disastrous and we need our own representative; the City Attorney stated he would take Council direction and consult with BART; Vice Mayor Mullin stated he wants to read over the agreement and did not remember if we made that decision to appoint our own representative; he would want BART to have an employee directly responsi- ble to this community and we would have a City consultant to work with their person; he wants to 8/27/97 Page 2 AGENDA A~!QN TAKEN _2.. Consideration - Continued. 8/27/97 Page 3 read this before taking a position and perhaps call a special meeting; City Manager Wilson remembers the Council direction which said the City will hire an inspector; Councilman Yee, suggested, to keep the construction impacts to a minimum, we could require BART to do a phasing for we don't want the whole City limits trenched or ripped up for a year; Director of Public Works stated they talked about the City having an inspector supervise construction and the language in the agreement says the City will be reimbursed; yes, and there will be a coordination of the schedule with the Director of Public Works; one of the primary important things is unless they have prior City approval, they have to have one way access and must be one way in both directions; Councilman Yee told the City Attorney this meeting was conceptual in outline for him to go back and do modifications and he did not want to get into the paragraphs and sections of the agreement; Council- man Datzman was concerned about a 40 page docu- ment delivered tonight and staff was asking for action; his concern was when these kinds of things occur there should not be disruption and the first issue is timeliness, some kind of an indication other than we notified BART, and the third, is there going to be some kind of accountability and that rests with City staff because we cannot hold BART account- able; landscaping issues BART will be required to repair things damaged and staff will go out and take photos; impact from noise associated with the construction and must construct noise barriers; BART is to classify Kaiser as a special zone and monitor noise; required to plant trees; work hours are from 7:00 a.m. to 7:00 p.m. which includes hammering and equipment start up; spill over park- ing off the site; staff will monitor parking spill over into the neighborhoods; BART will bare the cost of spill over parking; potential for residential parking permits; those permits should not become a financial burden on the existing residents; traffic impacts and mitigation from street closures; what about parking next to the San Bruno station for that will have a major impact on the industrial parking; BART will provide information in advance of street closures to the School District and the City and will put up electronic signs; there will be a hold harmless clause to the City in the agreement; Bart, after agreement, will install a traffic signal to connect with the Hickey Blvd. traffic signal and the cost of the installation will be split on a 50 - 50 share; should the Macy's site develop with a different AGENDA ACTION TAKEN Consideration - Continued. 8/27/97 Page 4 type of use, then the City will look for reimburse- ment at that location; Councilman Yee questioned if the City was paying 50%; the EIR concluded that a stop sign should be installed, but BART has no legal obligation based on the EIR and City staff thought the sign appropriate; Councilman Yee stated if the signal is not needed, that is one thing, but if Caltrans says it is warranted then BART should pay for it; BART will be required to use the Council guidelines following the safety and security stan- dards; Councilman Yee wants staff to come forward at different phases for Council review and wants that in the report; the City Engineer had said they would touch base with the Council throughout the entire design phase; BART has an agreement with Samtrans that obligates them to study design and spend up to $2 million for the construction of a bicycle path; the language includes a couple of points, it clearly says that BART and Samtrans, MTSMA and local agency share any other source of funding; is that in combination with other cities getting funds, so we could end up with no fund- ing; there is a minimum commitment of $2 million; the bicycle path speaks of trees, benches, landscap- ing and lighting along the site; there should be green spaces around a linear park; Councilman Yee stated two years ago as Mayor his concern was, when the project was completed what will we see - a dirt path, and we should have landscaping for people to enjoy and BART agreed; there was no $2 million, we just wanted it landscaped; at the end we better have a nice landscaped path before we accept this without these amenities; City Attorney stated he could include language; is the City Attorney intend- ing to talk to BART about Council direction; Vice Mayor Mullin stated staff needs to be more specific on the amenities; City Manager stated ask for land- scaping without hooks; Council has two options - to adjourn providing it is within five days or call an- other special meeting; Mayor Fernekes stated call a special meeting for Tuesday, 9/2/97, at 11:45 a.m., City Attorney will finalize the draft agreement and send it to Council Friday with the resolution; Councilman Yee will not be here Friday and in its present form he does not believe he can vote on the agreement; he is leaving for Italy on 9/5/97 and will return on 9/19/97; Mayor Fernekes will leave on 9/9/97 and be back on 9/22/97; Mayor Fernekes stated there will be a special meeting on 9/2/97, 11:45 a.m. AGENDA ACTION TAKEN RECESS' RECALL TO ORDER: 1. Closed Session, pursuant to GC 54956.9a, Waste Resources Technology vs. City of $.S.F. RECALL TO ORDER: ADJOURNMENT: Mayor Fernekes stated the Council will recon- vene after the regular Council meeting and recessed at 10:26 p.m. Mayor Fernekes reconvened the meeting at 11:37 p.m., all Council was present with the exception of Council Penna, who due to a conflict, did not partic- ipate in the Closed Session. Council entered a Closed Session at 11:38 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 12:48 p.m., all Council was present, no action was taken, direction was given. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:49 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Ci~.~f ~t~r~n 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. 8/27/97 Page 5 Chairman Joseph A. Fernekes Boardmembers: James L. Datzman Eugene R. Mullin --John R. Penna Robert Yee MINUTES Recreation and Park District Municipal Services Building Community Room August 27, 1997 SPECIAL MEETING RECREATION AND PARK DISTRICT OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 27, 1997 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the Recreation and Park District of the City of South San Francisco will hold a Special Meeting on Wednesday, the 27th day of August 1997, at 7:25 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Motion to approve the Minutes of the Special Meeting of 6/11/97. Resolution approving a joinder to the lease between Raiser, LLC and the San Mateo County Harbor District. A RESOLUTION APPROVING A JOINDER TO THE GROUND LEASE BETWEEN THE CITY, THE SAN MATEO COUNTY HARBOR DISTRICT, AND RAISER RESOURCES LLC, RELATED TO PROPERTY AT THE OYSTER POINT MARINA 3. Adjournment. Dated: August 14, 1997 City Clerk Recreation and Park District City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Motion to approve the Minutes of the Special Meeting of 6/11/97. ACTION TAKEN 8:16 p.m. Chairman Fernekes presiding. Boardmembers Present: Boardmembers Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. M/S Yee/Mullin - To approve the Minutes of the Special Meeting of 6/11/97. 8/27/97 Page 1 AGENDA ACTION TAKEN . 1. Motion - Continued. Resolution approving a joinder to the lease between Raiser, LLC and the San Mateo County Harbor Dis- trict. ..~-II~ A RESOLUTION APPROVING A JOINDER TO THE GROUND LEASE BETWEEN THE CITY, THE SAN MATEO COUNTY HARBOR DISTRICT, AND RAISER RESOURCES LLC, RELATED TO PROPERTY AT THE OYSTER POINT MARINA Carried by unanimous voice vote. Counsel Mattas stated this is a request for a lease to construct a hotel with 100 rooms and 2,000 sq. ft. of meeting space. The approval before the District is unique to this Board and the City Council. He related: JPA between the City and the Harbor District runs through the year 2026; Raiser has proposed to construct a hotel at the marina, they are seeking a lease beyond that year and the Council needs to ratify the lease documents through the joinder and first amendment to the lease; he spoke of the ground lease and transient occupancy tax that the hotel will produce for the General Fund and Raiser will pay $1,000 a month until the TOT oc- curs; he described the percentage rent based on the gross receipts; as long as the Harbor District is the landlord, then they are the recipient of the rental payment; after 2026 the City steps in as landlord and gets the rental stream; there is a need on the part of the Developer to prove they have secured the land; the second provision is the initial holding of the City and Harbor District harmless and indemnify them; the amendment clarifies the distribution of condemnation proceeds to the various parties where the condemning authority is neither the City nor the Harbor District; since the City is the owner they have been added to the lease; the City or the Harbor District can condemn the lease similar to what it is doing with the Conference Center; what staff has done in negotiations with the Developer and the Harbor District is to devise a formula where the City and the District split the proceeds of the land itself in a manner allowing them to continue their obligations through the end of the lease and we get the remaining improvements back for the hotel development after the lease runs out; he repeated, that at the end of the 55 year land lease the City will continue to be the owner of the land and the im- provements up to the end of the lease Raiser contin- ues to own the improvements. Discussion followed: does the 55 year period begin with the date of construction; the lease term shall not begin until the City has issued all discretionary approvals; the Harbor District approved the land lease many years ago and staff had negotiations for the first amendment and now Raiser will continue with the land use; the Harbor District has property in Half Moon Bay with a hotel and the transient tax goes to the County; if Raiser sold the property or 8/27/97 Page 2 AGENDA ACTION TAKEN 2. Resolution - Continued. RECESS: RECALL TO ORDER: 2. Resolution - Continued. 8/27/97 Page 3 assigns it to someone else, what is going to take place - are we going to approve the new ownership; Counsel could not see that specified; the Vice Chairman felt the City would have that authority under our jurisdiction; Counsel asked the Board not to take action, since it was also on the Council agenda, not until after it was heard on the Council agenda. The Board recessed the meeting at 8:30 p.m. Chairman Fernekes recalled the meeting to order at 10:43 p.m., all Boardmembers were present. Discussion followed: what if Raiser transferred 30% and then transferred another 30% - how does that affect the lease, why not make any change of interest come before the Board; if you transfer more than 50%, then any consignee has to conform to the lease; this is a 55 year lease, suppose the Harbor District improvements are inferior to the City's and we take it over, then the lease post dates and we would also sign off because we are responsible; Counsel Mattas can add that to the ground lease if that is what the Board wants; Boardmember Yee is concerned the lease is for a long time and feels the Board should have the authority to approve any assignee to the lease; Counsel Mattas will add Item 17 to amend paragraph 18 where the landlord and the City have to approve it, and it should say for any 25 % assignee; Boardmember Penna recom- mended 20% assinee; Boardmember Yee wants it to come to Council at different levels and say the City Manager is responsible and he only comes to Coun- cil with a problem and he deals with it as an admin- istrator; Vice Chairman Mullin wants Counsel to use 20% and put it on the Council's Consent Calendar. M/S Mullin/Penna - To adopt the Resolution ap- proving the joinder and amendment to the lease to include a new Section 17 to identify Section 18 adding City and landlord to approve any change of 20% or more. RESOLUTION RPD-100-97 Carried by unanimous voice vote. M/S Penna/Mullin - To adjourn the meeting. Carried by unanimous voice vote. AGENDA ACTION TAKEN ADJOURNMENT: Time of adjournment was 10:57 p.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. ~ ~~a~B a~aya, Ci~ Recreation and Park District City of South San Francisco J~seph ~/. Fernel~es,-Cl~airman l~.~creation and Park District Meeting 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. 8/27/97 Page 4 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room August 27, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: RESENTATIONS Proclamation - Fighting the Cancer of Prejudice Introduction of Newly Promoted Employees ACTION TAKEN 8:30 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. The Pledge was recited. Rev. Francisco Baltodano, Mission de Espiritu Sancto, gave the invocation. Mayor Fernekes asked for a moment of silence in commemoration of the loss through death of John Vetter and Maggie Pierson. PRESENTATIONS Councilman Penna read the Proclamation aloud and presented it to Nella Conti of the Italian American Citizens Club. Police Chief Raffaelli introduced: Police Captain James Cooper, Police Sergeant William Carter, Police Lieutenant Leo Tealdi, Police Sergeant Charles DeSoto, Police Sergeant Gregory Hart and Police Officer II Elizabeth M. Ritter. Fire Chief Stark introduced Paramedic/Fire Fighter Peter Melcher. Public Works Director Gibbs introduced WQCP Operator II John Ellcessor, Jr., Storm Water Mgmt. Coord/Source Control Supervisor Raymond Honan and Senior Maintenance Worker Martin Quintero. City Librarian Sommer introduced herself, Library Assistant II Rosa Hernandez and Head of Informa- tion and Reader Services Banafsheh Rucker. Director of Economic & Community Development 8/27/97 Page 1 AGENDA ACTION TAKEN PRESENTATIONS ~troduction of Newly Promoted Employees - Continued. AGENDA REVIEW City Manager Wilson Requested: - Pull Item No. 10 from the Agenda and reconvene the Special Meeting on the BART Item. City Attorney Mattas Requested: Remove Item No. 6 from the Consent Calendar and hear it after the Special Recreation & Park District which has the same item. ORAL COMMUNICATIONS PRESENTATIONS Van Duyn introduced his Secretary II Marie Regis. Director of Parks, Recreation & Community Ser- vices introduced Garage Supervisor William O'Connor, Senior Equipment Mechanic Michael Aquilina, Parks Bldg. Maintenance Supervisor Gary Bethe, Senior Building Maintenance Custodian Robert Romero. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Mr. James L. MacDonald, 18 Conrad Court, pre- sented a petition from residents in Sterling Manor, Winston Manor and Buri Buri to be included in the Aircraft Noise Insulation Program. He stated it is inconceivable that these neighborhoods were not included when they are across the street from houses that have been insulated. He stated they were in contact with Senator Kopp seeking his support to change the noise contour map and wants the Council to support Kopp's efforts. He stated this is impor- tant because the noise will become worse with the Airport expansion. Mr. Roger Lewis, 901 Gibbs, stated he is one of a growing number of residents impacted by aircraft noise that are not included in the 65 CNEL footprint and want the Council to help represent them at the 9/3/97 Committee Roundtable meeting for the cur- rent noise patterns are increasing that suggest it is 60.6 CNEL. He stated that the airplanes may be quieter, but the number of aircraft is increasing. They want inclusion into the program, want the Council to enlist the support of other agencies for inclusion in the program. He related: the need to pass necessary legislature on aircraft noise; infor- mation available on the internet; the lack of noise standards on single noise events which was struck 8/27/97 Page 2 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 8/27/97 Page 3 ORAL COMMUNICATIONS down in the early 1970s; they are looking to a noise engineering firm to further their efforts by seeking data from increasing and daily noise by the growth of the Airport; they seek Council's financial, moral and time being committed to this. Councilman Yee stated he sits on the Roundtable and there is a meeting next Wednesday for a vari- ance public hearing. He suggested that either Mr. Lewis or someone in his group make a presentation for it is more effective coming from them rather than from an elected official. As he indicated to some of his group members he is always willing to help, but they need to deal in the most effective manner by for they know what they are going through from the noise because this is a public hearing and it is not for the Board to complain. He stated he would be happy to help to make a presen- tation and he thought what was said tonight was very effective. Councilman Penna stated he previously served on the Roundtable and heard residents from San Bruno and Millbrae who spoke to the Roundtable. He stated he is getting complaints on shoreline flights from the people in Oldtown, for they are being inundated from the shoreline because the planes are not coming out from east of 101, but are looping over the residential areas. Vice Mayor Mullin stated he lives in Buri Buri and also signed the petition. Ms. Judy Korte, 755 Camaritas, stated the 700 block of Camaritas has been trying for 18 months to be included in the Program and her friend Hilda have been attending the Airport meetings for the last year. She wrote a letter to Mr. Ellis on 8/7/97 stating Councilman Yee telephoned in response to her letter asking him to reconsider his not running for Council, for he is the Roundtable representative and we do not want to lose him. When she asked him why the Council was not more directly repre- senting our block he said we needed a plan of ac- tion. It seems to her the only plan of action for the Council is the suggestion of Mr. Ellis to hire an acoustical engineer and do an independent noise study. She stated her neighborhood has been ex- panded to include Sterling and Buri Buri and some AGENDA ACTION TAKEN ORAL COMMUNICATIONS 8/27/97 Page 4 ORAL COMMUNICATIONS people in Westborough that are equally impacted by aircraft noise. This group is going to explore the hiring and ask the City: do you know of an acousti- cal engineer the Airport would approve; would you be willing to continue the study begun. They intend to include Saturday and Sunday and have it run for three 48 hour periods. It was observed that their neighborhoods were tested, for single event noise is not taken into affect. Station 16 has increased read- ings which is another reason we want to be heard. Even though with the expansion most of the added flights will use the Airport departure that is creating noise now. Discussion followed: Councilman Yee asked, is the maximum Small Claims figure $10,000 now; City Attorney believes it is $5,000; is it still possible for residents to sue the Airport over aircraft noise under the nuisance abatement; Councilman Datzman has a problem with the idea of citizens collectively or individually going out and hiring their own acousti- cal engineer even though he knows that in the last six months there has been a rebirth of noise and more in the future; he thinks we are responding to everything in a piecemeal fashion, he suggests Council consider an assessment and a special meet- ing to sit down and examine this; Councilman Yee stated the issue with the neighborhood is noise insu- lation; the contention that most of their homes are on the fringe of the 1983 footprint for they are not 65 CNEL, which is the rule; unless you can prove to the Airport that they are in a 65 CNEL area you are not going to get money; what the group is say- ing, they believe they could be in the footprint and prove to the Airport they are right, but they don't have the resources so they ask Council, can you help to get that; his suggestion, before they go too far, we should have communication with Judy, him, Mike and Mr. Martin to let them know what the citizens concerns are and the direction in which this is going to go; you need to establish some sort of communication and find out from the Airport what is their direction so we can have a meaningful plan; City Manager thinks it makes a lot of sense to meet with John Martin and he likes the idea of a study session; the City used to use Maurice Garbel as a noise consultant and he was helpful with the strate- gy; Councilman Datzman wants to see a package assessment of the issues about the neighborhoods AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM ONSENT CALENDAR Motion to confirm expense claims of 8/27/97. ORAL COMMUNICATIONS impacted, for he thinks Council has to go back to square one; Ms. Korte thanked Councilman Yee for his correct interpretation of the neighborhood con- cerns; the City Manager and Councilman Yee will be in attendance at the Roundtable meeting and will make sure the comments heard tonight will be brought forward. Mr. Pedro Gonzales, Art Rise, announced: a new Art Rise production on 9/5/97 to 9/27/97; white elephant sale Saturday, 9:00 a.m. to 4:00 p.m. at 616 Linden Ave. and asked people to bring their items to the building on Saturday 8/30/97; and following that will be an old fashioned hoe down. COMMUNITY FORUM Councilman Penna stated there will be a memorial service for Maggie Pierson Thursday at 3:00 p.m. at 415 El Camino Real in Burlingame. Councilman Datzman complimented the City Man- ager, staff, the park crew and the San Mateo Times for the improvements to the park. He stated that after having deferred maintenance it was nice to pick up the paper and see the bright side of City govern- ment. The City provides 16.3 acres of park, we have a master plan and he is pleased with what has been accomplished. Mayor Fernekes related: today there was a Grand Avenue Library dedication and he complimented the staff for putting the celebration together and Mr. Gibbs for making it safe with completion of the seismic retrofit project; 9/27/97 is S.S.F. Day in the Park; public safety staff will put on a pancake break- fast in the MSB at 7:00 a.m. which is free to the public; the Cultural Arts Commission will put on an art show following the breakfast; and from 10:00 a.m. to 4:00 p.m. in Orange Park will be festivities, which are free, with presentations by Department groups, bands, booths with businesses from the industrial park, arts and crafts booths, with service organizations doing food booths. CONSENT CALENDAR Approved in the amount of $2,372,441.73. 8/27/97 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR Motion to accept the Project as complete and adopt a resolution approving an amendment to the Capital Improvement Budget for the Sodium Hypochlorite. q.a>~ Facilities Project. A RESOLUTION APPROVING A BUDGET AMENDMENT TO THE 1997-98 CAPITAL IM- PROVEMENT PROGRAM (CIP 98-4) TO IN- CREASE THE ALLOCATION BY $24,000.00 FOR THE SODIUM HYPOCHLORITE FACILITIES Resolution of award of contract for Tennis Drive Street Light Improvement Project to Bass Electric, in the amount of $64,767.00 as the lowest responsible bidder. ~.6'O~3 A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT TO BASS ELECTRIC FOR AN AMOUNT NOT TO EXCEED $64,767.00 FOR THE TENNIS DRIVE STREET LIGHT IMPROVE- MENTS PROJECT AND APPROVING A BUDGET AMENDMENT TO THE 1997-98 CAPITAL IM- PROVEMENT PROGRAM (CIP 98-5) TO IN- CREASE THE ALLOCATION BY $15,000.00 FOR THE TENNIS DRIVE STREET LIGHT IMPROVE- MENTS Motion to accept the McDonnell Avenue Sanitary Sewer Replacement as complete in accordance with the plans and specifications. ~0~ 7' Motion to accept the Carnegie Library Book Moving and Storage Project as complete in accordance with the plans and specifications. ,.6'~ Resolution approving a joinder to the lease between Raiser Resources LLC, San Mateo County Harbor District and Recreation and Park District. CONSENT CALENDAR RESOLUTION NO. 97-97 RESOLUTION NO. 98-97 Accepted. Accepted. Removed from the Consent Calendar, to be heard later on the Agenda. Motion to adopt an ordinance changing the zoning ordinance on RZ-97-004. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO ESTABLISH A DENSITY DES- IGNATOR OF H (15 UNITS PER ACRE) FOR MIXED USES IN THE C-I RETAIL COMMER ORDINANCE NO. 1210-97 8/27/97 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR Motion - Continued. CIAL ZONE IN PLANNING AREA 6 ALONG EL CAMINO REAL Motion to adopt an ordinance amending the zoning district map for 1450 El Camino Real. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO CHANGE THE PREZONING OF PROPERTY LOCATED AT 1450 EL CAMINO REAL FROM OPEN SPACE (O-S) TO MEDIUM DENSITY RESIDENTIAL (R-2-H) 9. Resolution amending the list of designated positions filing Conflict of Interest Code Forms. 5'3~ A RESOLUTION AMENDING THE LIST OF DES- IGNATED POSITIONS FOR THE CITY OF SOUTH SAN FRANCISCO'S CONFLICT OF IN- TEREST CODE TO ADD THE POSITION OF INFORMATION TECHNOLOGY MANAGER ADMINISTRATIVE BUSINESS 10. Resolution approving the ALS Joint Powers Agree- ment. A RESOLUTION AUTHORIZING THE CITY OF SOUTH SAN FRANCISCO'S PARTICIPATION IN THE JOINT POWERS AGREEMENT TO PROVIDE COUNTY-WIDE ADVANCED LIFE SUPPORT SERVICES 6. Resolution approving a joinder to the lease between Raiser Resources LLC, San Marco County Harbor District and Recreation and Park District. A RESOLUTION APPROVING A JOINDER AND THE FIRST AMENDMENT TO THE GROUND LEASE BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND RAISER RESOURCES, LLC CONSENT CALENDAR ORDINANCE NO. 1211-97 RESOLUTION NO. 99-97 M/S Yee/Penna - To approve the Consent Calendar with the exception of Item No. 6. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Removed from the Agenda by the City Manager under Agenda Review. (This item was discussed at the Special Park and Recreation District meeting.) M/S Mullin/Penna - To adopt the Resolution ap- proving the joinder and amendment to the lease to include a new Section 17 to identify Section 18 adding City and landlord to approve any change of 20% or more. 8/27/97 Page 7 AGENDA ACTION TAKEN CONSENT CALENDAR t. Resolution - Continued. LEGISLATIVE BUSINESS 11. Motion to adopt an ordinance on nuisance abatement. AN ORDINANCE ADDING CHAPTER 8.26 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO ABATEMENT OF NEIGH- BORHOOD NUISANCES Motion to waive reading and introduce an ordinance for security bars. S/3 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADDING SECTION 15.08.055 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AMENDING THE UNIFORM BUILDING CODE RELATING TO SECURITY BARS ON BED- ROOM WINDOWS CONSENT CALENDAR RESOLUTION NO. 100-97 Carried by unanimous voice vote. LEGISLATIVE BUSINESS M/S Mullin/Datzman - To adopt the Ordinance. ORDINANCE NO. 1212-97 Discussion followed: on article in the Independent, "Punish the Right People"; Police Chief has 34 programs, yet there is a need to work hand in hand with the community; landlords are accountable and they have to help the police solve the problem; the police try to get landlords to clean up, remove de- bris and replace lights. Carried by majority roll call vote, Councilmembers Yee and Penna voted no. City Clerk Battaya read the title of the ordinance in its entirety. Fire Chief Stark related the staff report: this re- quires bars on windows be releasable in bedrooms and have smoke alarms; Fire Dept. is going to educate residents on the danger of bars on bed- rooms; the cost is $240 a window and there is a plan to use housing rehab funds for low income families to replace the bars. Discussion followed: why is Sept. of 1998 the compliance date; it allows one year to get the work to be done, arrange financing; the general penalty provisions shows this as a misdemeanor; the purpose of the ordinance is to safeguard property and life, Councilman Yee wants to financially assist residents or get a contractor to do this and the City get reim- bursed for this is critical; that is the intent with low interest loans; Councilman Yee sees certain ethnic groups who use bars to keep people out and the City needs more hands on effects; the Vice Mayor felt $240 is a substantial amount of money, especially for him and agree with Councilman Yee that we don't know if the residents need assistance but he wants to assist them; Westborough has a fair number of bars, plus other places in town; the Vice Mayor is bothered by the misdemeanor and is not 8/27/97 Page 8 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 2. Motion - Continued. ,rEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 13. Closed Session, pursuant to GC 54957.6, labor nego- tiations for AFSCME and Executive Management and pursuant to GC 54957 for the evaluation of the City Attorney. RECALL TO ORDER: DJOURNMENT: LEGISLATIVE BUSINESS prepared to take action on this; he wants to see alternatives, like a two year period; RDA housing funds can be used, but not 80% set aside funds and we should not be subsidizing someone with the means to pay the money; Councilman Penna was sorry we had an ordinance that allows bars on win- dows; this ordinance is nothing more than a tool to get this thing done correctly through education and assistance; are there social clubs to help; one window in a bedroom has to have a releasable bar on the window; there are 350 homes, but 259 win- dows that don't meet the Code. M/S Datzman/Yee - To waive reading of the ordi- nance. Carried by unanimous voice vote. M/S Yee/Datzman - To introduce the ordinance. Carried by unanimous roll call vote. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council entered a Closed Session at 11:37 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 12:47 p.m., all Council was present except Coun- cilman Penna who left the Closed Session at 12:25 a.m., no action was taken and direction was given. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:48 p.m. 8/27/97 Page 9 AGENDA RESPECTFULLY SUBMITTED, Barbara A. Battaya, C~ City of South San Francisco ACTION APPROVED. TAKEN Jo~?. ia A. ~ernekes,-~13'~r Ci~'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. 8/27/97 Page 10