HomeMy WebLinkAboutMinutes 1998-05-13Mayor Eugene R. Mullin
Council:
James L. Datzman
Joseph A. Fernekes
Karyl Matsumoto
lohn R. Penna
SPECIAL
MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
MAY 13, 1998
MINUTES
City Council
Municipal Services Building
Community Room
May 13, 1998
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 13th day of May
1998, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco,
California.
Purpose of the meeting:
Closed Session, pursuant to GC 54956.9(b) conference with legal counsel on anticipated litigation - number of
cases - one.
City Clerk
City of South San Francisco
Dated: May 12, 1998
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
Closed Session, pursuant to GC 54956.9(b) conference
with legal counsel on anticipated litigation - number of
cases - one.
RECALL TO ORDER:
ACTION TAKEN
10:08 p.m. Mayor Mullin presiding.
Council Present: Datzman, Fernekes, Matsumoto,
Penna and Mullin.
Council Absent: None.
Council entered a Closed Session at 10:09 p.m. to
consider the item noticed.
Mayor Mullin recalled the meeting to order at 10:51
p.m., all Council was present, no action was taken
and direction was given.
M/S Datzman/Penna - To adjourn the meeting.
5/13/98
Page 1
AGENDA ACTION TAKEN
~DJOURNMENT:
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City Clerk~
City of South San Francisco
Carried by unanimous voice vote.
Time of adjournment was 10:52 p.m.
APPROVED.
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.
5/13/98
Page 2
Mayor Eugene R. Mullin
Council:
James L. Datzman
Joseph A. Fernekes
Karyl Matsumoto
lohn R. Penna
MINUTES
City Council
Municipal Services Building
Community Room
May 13, 1998
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
~ESENTATIONS
Proclamation - Water Awareness Month, May 1998
Gene Gravelle of California Water Service
Proclamation - Historic Preservation Week - May 10-16,
1998 - Historic Preservation Week - May 10-16, 1998
Historic Preservation Chairman Robert Mowat ..6-0 q ~
Police Commendation - Police Officers Cody Minick,
Michael Andriani, Michael Rudis, Daniel Gil, Adrian
Passadore and Ronald Cerf, Ms. Careena Laney and Ms.
Melanie Wylie
ACTION TAKEN
8:15 p.m. Mayor Fernekes presiding.
Council Present:
Council Absent:
Datzman, Fernekes, Matsumoto,
Penna and Mullin.
None.
The Pledge was recited.
Rev. Richard Neely, Grand Ave. Baptist Church,
gave the invocation.
Mayor Mullin stated the Council will adjourn
tonight's meeting in honor of former Mayor Guido
Rozzi who passed away yesterday.
PRESENTATIONS
Vice Mayor Datzman read the Proclamation aloud
and presented it to Mr. Gravelle.
Mayor Mullin read the Proclamation aloud and
presented it to Robert Mowat.
Mayor Mullin stated he will recess the meeting in 15
minutes to allow the high school student's agendas
to be checked off so they can leave the meeting.
Police Chief Raffaelli stated that Melanie Wylie
worked on cargo thefts of 1/23/98 by assisting the
police and locating the real name of a suspect and
$60,000.00 of warrants. He presented the Purple
Heart to Cody Minick for being knocked down by
the suspect's vehicle while responding to a burglary
in Westborough on 12/31/97. Two juveniles, ages
11 and 16, were swept into Colma Creek and car-
ried a mile down stream at 10 to 15 miles an hour.
He stated Officer Passadore jumped in the stream
with a garden hose to facilitate the rescue and he
and boys were swept along. The other officers
5/13/98
Page I
AGENDA ACTION TAKEN
PRESENTATIONS
Fire Dept. Good Samaritan Award - Nancy Meintz
Cultural Arts Chairman Burgess - Winners of the Joint
Cultural Art Commission/Public Library Poetry Contest
ECESS:
RECALL TO ORDER:
AGENDA REVIEW
City Manager Wilson Requested: - Continue Item 12 due to noticing.
- Open the Closed Session and also open the Special
Meeting.
ORAL COMMUNICATIONS
PRESENTATIONS
responded and the following were presented with
Certificates of Recognition - Explorer Carina Lane,
Fire Fighter Ron Cerf. Certificates of Meritorious
Conduct were given to Angela Andriani, Mike Rudis
and Danny Gil. He presented a Model of Valor to
Adrian Passadore.
Mayor Mullin stated he could not tell the individuals
how proud the Council was of their efforts.
Fire Education Specialist Kennedy gave the Good
Samaritan Award to Nancy Meintz for giving CPR
on 3/6/98 to someone at work and her efforts before
the paramedics arrived, and saved his life.
Mr. Burgess stated that Joe Peterson of S.S.F. High
School won the award with his "Blue and Grey
Asphalt", however, he was not present this evening.
Mayor Mullin stated Joe Peterson also participated
in the Youth Government Day by representing
Councilman Penna.
Mayor Muilin called a recess at 8:45 p.m.
Mayor Mullin recalled the meeting to order at 8:57
p.m., all Council was present.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Ms. Sophie Mason, 10 Arlington Dr., directed
Council's attention to a public hearing notice issued
by Dan Lundgren for the Department of Gambling
Control. This is on the economic feasibility for the
Colma gambling casino and in here it states that it is
going to be held at the Colma Council at 9:00 a.m.,
Thursday, May 28, 1998. In yesterday's Enterprise
Journal it also states that Matt Ross, a spokesman
who issues licenses, said that the 5/28/98 public
hearing has not been assigned a time or location, so
she is trying to determine which is correct.
5/13/98
Page 2
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
5/13/98
Page 3
ORAL COMMUNICATIONS
City Attorney Mattas stated he knows it is on the
28th, and he will report back to Ms. Mason. He
has confirmed it, but the location sounds correct.
Ms. Mason stated Mr. Mason met with Mr. Presley
in Sacramento the 6th of May, and she followed up
with a letter to Mr. Presley and she gave the City
Clerk a copy of the letter, plus Mr. Van Duyn. She
took a mile radius from the proposed site of the
casino where there is a Church and schools and in
the feasibility study there is a statement that says
there are no schools, churches or hospitals in Colma
- that is the statement in the feasibility study. In
another section they talk about the revenue S.S.F.
will get because the people will shop in S.S.F. In
two other cases they say it won't be a traffic prob-
lem because they will be bussed to and from the
casino, so how can they say S.S.F. is going to get
revenue if they are being bused in and out.
The feasibility study is very very unclear, they use
terms near and far with no mileage, for she knows
two schools that are 2/10 of a mile from the site and
El Camino is 1.3 miles of road miles. She stated
she has been working very hard and were led to
believe it was a done deal. Now, in the Enterprise
Journal it says Mr. Matt Ross says a personal li-
cense cannot be considered and background checks
performed - so, it has not been a done deal
for the last six months. She asked if anyone was
going to be at the meeting.
City Manager Wilson stated he had no one sched-
uled to attend.
Mr. Mason stated he went to Sacramento on his own
and saw Assemblyman Papan and a Commissioner
having a discussion and that upset him because his
understanding of the law is you cannot serve liquor
within 500' of a church. He stated he has other
things to talk about with the Attorney on the Senate
Bill, Bill Lockyear put forward to stop the gambling
in California. He is wondering how much police
work this City is going to have to do in S.S.F.
because of the cardroom if it is allowed to continue
on. The indians are demanding the same type of
machines that they have in Reno and the same type
of gambling. That was on the TV today, land Gov-
ernor Wilson is against it, but he cannot do anything
about it because it is a Federal law.
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
5/13/98
Page 4
ORAL COMMUNICATIONS
He feels this is the wrong location, putting it in the
middle of the cemeteries and that is his personal
opinion.
Mr. Dan Shattuc, 907 W. Cardinal Dr., Sunnyvale,
CA 94087, gave the City Manager a business card
and wants the Mayor to call the person for they may
be interested in purchasing property in the West Bay
Cove.
He happened to use CalTrain today and was dis-
mayed when he came back - there is no
transportation from the CalTrain Depot to the
SamTrans District bus transportation. He happened
to see someone driving a TCI van there, and he saw
the Genentech bus and a little bus like that could
suffice if you need a ride, like the people that are
disabled.
Mayor Mullin related, after a study session a week
ago Council spent an hour and a half on the idea of
transportation to and from the CalTrain Station and
we hosted a charrette that is an exercise from a
number of architects on designing an access by
moving the platform and bring accessibility to the
SamTrans. He assured Mr. Shattuc that the Council
has been looking at this very seriously and has
preliminary plans and if possible Mr. Van Duyn will
give Mr. Shattuc a copy of the design. Council is
concerned about making the CalTrain accessible for
the employees on the east side of 101, and also
make it successful on the west side.
Mr. Shattuc stated, as an alternate idea consider
ferry service for the Bay West Cove.
Vice Mayor Datzman stated on the 27th of this
month, in the City of Redwood City, the Bay Area
Council is hosting such a forum for the Port of
Redwood City and the Airport and at Oyster Point.
He stated the idea is to take traffic off the Highway
and making it cost effective.
Mr. Shattuc asked that he be sent notice, and he will
be there. He stated he has ridden the ferry to
Vallejo and up and down the bay, it is efficient if
you have to commute any where. He stated, then
you will get the herring and striped bass back and
the fishing pier back.
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
5/13/98
Page 5
ORAL COMMUNICATIONS
Mayor Mullin directed staff to send a copy of the
notice to Mr. Shattuc.
Mr. Shattuc stated tonight the bottom garage was
completely packed and only one handicapped space.
His sister needs to be close to the elevator because
she is now handicapped, and he thinks there should
be one more slot.
Councilman Penna stated there are two handicapped
spaces in front.
Discussion followed: Mr. Shattuc stated there are
steps outside; there is a ramp outside.
Mr. Shattue stated water is a big issue with him
because of El Nino you are going to get awful clean
streets because it runs to the bay. He stated, what
concerns him is what is on the streets and it gets
pine needles and garbage. He hopes the trash is
coming from the garbage man and he thinks they
can get more trash around businesses that create
trash, like wrappers.
Mayor Mullin stated this City is part of a consor-
tium dealing with storm drains and public education
components, and this adds to that in addition to
flyers and storm drains, and being aware to make
sure an industrial component meets it; and
Sunnyvale is part of that.
Councilman Penna stated now there are Federal
regulations that any development has to be filtered
before connecting to the bay.
Mr. Shattuc suggested, how about what Willy
Brown calls the big sweep, and if we had two sweep
ups. The most important one is in the late fall
before the rains come down, and clean up before
you wash it down the drain, for right now it is a lot
of vegetation debris. He has a real difficult problem
because he sees so much trash around and it is
terrible to see all of this with the plastics that are not
degradable. He showed a dead bird he had found,
and stated he will find out the cause of death which
is not readily discernable. He asked that the min-
utes of this meeting be sent to him. He stated the
Council should again do a proclamation for earth
day.
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM/SUBCOMMITTEE REPORTS
ORAL COMMUNICATIONS
Mayor Mullin stated the Student Council did one at
the Mock Council meeting on Youth Government
Day.
Mr. David Daneluz, 272 Oakcrest, stated he lives in
Sunshine Gardens and would like to have someone
attend the meeting of the Colma cardroom, for they
think it is a land use and only belongs to Colma, yet
it will impact our City. He stated tonight the City
gave a Purple Heart to an officer, yet the impacts
from strong arming and on families is not going to
stay within the borders of Colma, but here and
down the peninsula and it is a wrong place to be.
He stated he has relatives buried in Colma and has
children that attend schools in S.S.F. The casino is
within 5,000' as the crow flies and urged Council to
have someone attend the meeting and do something
about the cardroom before it impacts us.
COMMUNITY FORUM/SUBCOMMITTEE RE-
PORTS
Councilwoman Matsumoto related: four out of the
five Councilmembers attended the Library
Legislative breakfast and our City was well repre-
sented with more than any of the other cities; she
participated in April In Christmas and the clean-up
on Sign Hill, and it was nice to see the children
there; there were three houses and maybe next year
we can put together a team of volunteers; while she
was painting the home owners were very pleased
and it was very satisfying.
Councilman Fernekes thanked TCI for responding to
the City's letter, as a result of comments at the last
meeting, and for having two TV camerapersons
tonight. He also enjoyed the Library breakfast. He
stated Council received a letter from Jack Drago,
Roy Bava and Ron Broschi asking for a museum in
the City, and could we appoint a Subcommittee and
look into the possibility.
Mayor Mullin stated, with the consent of Council,
he will appoint two persons to serve, and he needs
to think about it for a day or two and will proceed.
Vice Mayor Datzman suggested that the General
Manager of TCI come before the Council and in-
form the public of what they are getting in equip-
5/13/98
Page 6
AGENDA ACTION TAKEN
COMMUNITY FORUM/SUBCOMMITTEE REPORTS
COMMUNITY FORUM/SUBCOMMITTEE RE-
PORTS
merit. He stated there was a letter on the widening
of Chestnut and there are concerns, but he thinks
Council made every effort on the residents, but it is
important to look at the big picture in the communi-
ty. He takes it there is still public input before it is
done; and, next is the hotline, we have a resident on
Leo Circle who has a problem with cleanliness and
landscaping deficiency on Linden and Hillside. He
knows it was turned over to Code Enforcement, but
wants to know if it will come back to Council. He
stated lastly he wanted to compliment those individu-
als in public safety that went an entire year without
sick leave - Police Chief Raffaelli and Fire Chief
Lee.
City Manager Wilson stated he would provide a
written report.
Councilman Penna spoke of the concerns of the
Chestnut Avenue widening, and stated it may be
possible to acquire additional property for parking in
front to pull in and park and removing a strip and
part of the sidewalk to the individual property.
There is a lot purchased on Grand and Chestnut and
the Mayor brought up the possibility of creating
parking on that lot.
Mayor Mullin stated he asked for something to
mitigate the potential loss of parking as we widen.
He asked the City Manager to assign someone to
attend the meeting in Colma and bring back a re-
port, so we are aware. He complimented Council-
member Matsumoto for going to the Christmas in
April, that is worthwhile and last year we did work
on ArtRise and a home on B Street. During the
same weekend he represented the City in New York
looking at community school in Washington Town
Heights and the City is going to be participating
with non-profits to set-up a community school mod-
eled after the childrens aid of New York and it
is a very exciting project unfolding and will be part
of the Parkway Heights. This will be providing
education and support services for the students and
the parents. He will give a report when he gets it
out of the computer. He stated tomorrow at 8 a.m.
there is going to be a BART/SFO Extension Project
symposium sponsored by the Chamber and for those
5/13/98
Page 7
AGENDA ACTION TAKEN
COMMUNITY FORUM/SUBCOMMITTEE REPORTS
COMMUNITY FORUM/SUBCOMMITTEE RE-
PORTS
who want to know about the Project, and there will
be refreshments. He stated it will be here at the
MSB tomorrow from 8:00 a.m. through 9:30 a.m.,
and there will be a number of students to look at
the symposium and he invited the public. He asked
if there were any Subcommittee reports.
Councilmember Matsumoto reported: at the Airport
Community Roundtable one of the items was that
the noise variance is almost set to go, and S.S.F.
has major concerns so staff prepared a detailed
break down and she presented it, and asked that the
comments be extended 30 days. She found support
for our City, but it was not well received by the
Airport and Supervisor Griffin. She is waiting for a
response and will invite support. The Airport has
requested extension of the noise variance.
Mayor Mullin stated SB1853 by Senator Kopp,
about which we had significant discussion in the last
two meetings, failed in the Senate Appropriations
Committee and Kopp is asking reconsideration and it
seems appropriate. He sent a letter requesting re-
consideration of that particular measure and he will
entertain discussion on that if any one has com-
ments.
Councilmember Penna stated he is all in favor of
support programs and in controlling the noise, but
he saw a staff report that addressed the Bill and
indicated that the teeth in the Bill are not strong.
He referred to the noise problem, of course, for it
is referred to the D.A., but the actual thing lies with
the D.A., He stated, it is not clear what can be
recovered and if that is the case, what encourage-
ment do we have for the D.A., if there is no encour-
agement, it is only like false hope.
Mayor Mullin stated those questions are worthy of
reconsideration, and the letter would ask them to
provide answers to each of the questions. The
follow-up is do we wish to do a resolution. This is
a preliminary step for the point is mute if they don't
reconsider. He asked if there was opposition for
him to send a letter to ask for reconsideration --
there is consensus, there is no opposition to his
sending the letter. He stated he did receive an
analysis from the City Attorney, but legislation is
5/13/98
Page 8
AGENDA ACTION TAKEN
COMMUNITY FORUM/SUBCOMMITTEE REPORTS
CONSENT CALENDAR
1. Motion to approve Minutes of the Special Meeting of
4/15/98 and Regular Meeting of 4/22/98.
Motion to confirm expense claims of 5/13/98.
Resolution amending the Capital Improvement Pro-
gram in the amount of $230,000 for the Oyster Point
Interchange Project (Hook Ramps).
A RESOLUTION APPROVING AN AMENDMENT
TO THE 1997-98 CAPITAL IMPROVEMENT PRO-
GRAM BUDGET (CIP 98-23) ADDING $250,000
FOR PHASE III OF THE OYSTER POINT INTER-
CHANGE PROJECT (HOOK RAMPS)
Resolutions directing the preparation of an Annual
Report, approving the Preliminary Annual Report and
setting a public hearing for 6/10/98 for West Park 1
& 2 Parks and Parkways Maintenance District. ,~9, ~
A RESOLUTION DIRECTING PREPARATION OF
ANNUAL REPORT OF THE CITY OF SOUTH
SAN FRANCISCO WEST PARK 1 & 2 PARKS
AND PARKWAYS MAINTENANCE DISTRICT
A RESOLUTION OF INTENTION TO ORDER
IMPROVEMENTS AND LEVY ASSESSMENTS
AND PROVIDING FOR HEARING AND NOTICE
FOR THE CITY OF SOUTH SAN FRANCISCO
WEST PARK 1 & 2 PARKS AND PARKWAYS
MAINTENANCE DISTRICT
Resolutions directing the preparation of Annual Re-
port, approving the Preliminary Annual Report and
setting a public hearing for 6/10/98 for Willow Gar-
dens Parks and Parkways Maintenance District. ~,z//
COMMUNITY FORUM/SUBCOMMITTEE RE-
PORTS
tricky at times, but maybe follow-up with a bullet
time analysis.
Vice Mayor Datzman asked, as a part of anything
that is provided in the way of an addendum, that we
have some indication of what it is that represent the
Director of the Airport and Supervisor Griffin's
concerns.
CONSENT CALENDAR
Removed from the Consent Calendar by
Councilmember Matsumoto and continued to the
next meeting so she can speak to the City Clerk.
Approved in the amount of $3,023,826.95.
Removed from the Consent Calendar for discussion
by Mayor Mullin because he had a speaker card.
RESOLUTION NO. 51-98
RESOLUTION NO. 52-98
5/13/98
Page 9
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolutions - Continued.
A RESOLUTION DIRECTING PREPARATION OF
ANNUAL REPORT OF THE CITY OF SOUTH
SAN FRANCISCO WILLOW GARDENS PARKS
AND PARKWAYS MAINTENANCE DISTRICT
A RESOLUTION OF INTENTION TO ORDER IM-
PROVEMENTS AND LEVY ASSESSMENTS AND
PROVIDING FOR HEARING AND NOTICE FOR
THE CITY OF SOUTH SAN FRANCISCO WIL-
LOW GARDENS PARKS AND PARKWAYS
MAINTENANCE DISTRICT
Resolutions directing the preparation of Annual Re-
port, approving the Preliminary Annual Report and
setting a public hearing for 6/10/98 for West Park 3
Parks and Parkways Maintenance District.
A RESOLUTION DIRECTING PREPARATION OF
ANNUAL REPORT OF THE CITY OF SOUTH
SAN FRANCISCO WEST PARK 3 PARKS AND
PARKWAYS MAINTENANCE DISTRICT
A RESOLUTION OF INTENTION TO ORDER IM-
PROVEMENTS AND LEVY ASSESSMENTS AND
PROVIDING FOR HEARING AND NOTICE FOR
THE CITY OF SOUTH SAN FRANCISCO WEST
PARK 3 PARKS AND PARKWAYS MAINTE-
NANCE DISTRICT
Resolution authorizing submittal of a grant application
for Project Read, in the amount of $30,000, to the
Peninsula Community Foundation for the second year
of a computer lab at W. Orange Library.
A RESOLUTION AUTHORIZING SUBMITTAL OF
A GRANT APPLICATION TO THE PENINSULA
COMMUNITY FOUNDATION FOR $30,000 TO
FUND THE COMPUTER LEARNING LAB FOR A
SECOND YEAR, AND UPON RECEIPT OF SAID
GRANT FUNDS APPROVING AN AMENDMENT
TO THE 1997-98 OPERATING BUDGET (NO. 98-
12)
Resolution awarding a construction contract to Trini
Chance Construction Co. in the amount of $43,800,
as the lowest responsible bidder, for ADA Miscella-
neous Accessibility Upgrades. .~'~9~
CONSENT CALENDAR
RESOLUTION NO. 53-98
RESOLUTION NO. 54-98
RESOLUTION NO. 55-98
RESOLUTION NO. 56-98
RESOLUTION NO. 57-98
5/13/98
Page 10
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolution - Continued.
A RESOLUTION AWARDING A CONSTRUCTION
CONTRACT IN AN AMOUNT NOT TO EXCEED
$43,800 TO TRINI CHANCE CONSTRUCTION
COMPANY FOR THE AMERICANS WITH DIS-
ABILITY ACT MISCELLANEOUS ACCESSIBILI-
TY UPGRADES PHASES II PROJECT
Motion to adopt an ordinance amending the Zoning
District Map for the Finger Piers.
AN ORDINANCE AMENDING THE ZONING
DISTRICT MAP OF THE CITY OF SOUTH SAN
FRANCISCO TO CHANGE THE ZONING OF
PARCEL NO. 015-180-020 FROM OPEN SPACE
(O-S) TO PLANNED INDUSTRIAL (P-I)
10. Motion to adopt the telecommunications usage policy.
51_.63
Resolution amending the Capital Improvement Pro-
gram in the amount of $230,000 for the oyster Point
Interchange Project (Hook Ramps). ~IzG
A RESOLUTION APPROVING AN AMENDMENT
TO THE 1997-98 CAPITAL IMPROVEMENT PRO-
GRAM BUDGET (CIP 98-23) ADDING $250,000
FOR PHASE III OF THE OYSTER POINT INTER-
CHANGE PROJECT (HOOK RAMPS)
CONSENT CALENDAR
RESOLUTION NO. 58-98
ORDINANCE NO. 1220-98
Approved.
M/S Penna/Fernekes -To approve the Consent Cal-
endar with the exception of Items No. 1 and 3.
Carried by unanimous voice vote.
Mayor Mullin stated this has not be approved from
Phase 3.
City Manager Wilson stated this only covers the
moving of dollars.
Mayor Mullin stated he was thinking of Terrabay
and asked if this is additional to the already ap-
proved $230,000.
City Manager Wilson stated the addendum should be
considered, for there is a clerical error, but this
deals with advancing funds in the CIP which was
intended to spend next year.
Mr. Dan Shattuc stated he took a lot of looks at
transportation over there and he found a lot of
trucks contributed to the transit. He thinks the hook
ramps are accommodating the trucks, and he is
looking at the disruption and the impacts of the
construction of how you are going to put things.
You are talking about $250,000 and an economic
analysis. Both things are important, for we haven't
even approved what is going to happen, for it is
5/13/98
Page 11
AGENDA A~TION TAKEN
3. Resolution - Continued.
LEGISLATIVE BUSINESS
11. Motion to waive reading and introduce an ordinance
to allow the City Attorney to prosecute misdemeanor
Municipal Code violations as infractions at his dis;...~ 7Z
cretion. ~- / ~
AN ORDINANCE ADDING SECTION 1.24.050 TO
THE SOUTH SAN FRANCISCO MUNICIPAL
CODE RELATING TO PROSECUTION OF VIO-
LATIONS OF THE MUNICIPAL CODE
very sensitive - the wet lands and indian site, for it
is pretty and could be prepared as a park. He does
not know about Terrabay and the tails, is it being
closed out for it is one site that is disappearing,
unfortunately. He would like to promote that, we
look at the front end as the opportunity to do some-
thing right, it is very sensitive, it has water and
butterflies and nature. Look over the beach front
property for it is environmental.
M/S Fernekes/Datzman - To adopt the Resolution.
RESOLUTION NO. 59-98
Carried by unanimous voice vote.
LEGISLATIVE BUSINESS
City Clerk Battaya read the title of the ordinance in
its entirety.
City Attorney Mattas related: unless the Municipal
Code identifies infractions, it is prosecuted as a
misdemeanor; the fine is up to $1,000 and a jail
term; this gives the discretion to the City Attorney;
he gave examples of public intoxication and viola-
tion of land use matters; citations are issued and the
City Attorney acts with 1225 cases a year processed.
Councilman Penna asked why we would want to
change the ordinance.
City Attorney Mattas stated he would rather do the
infraction process where there is no jury trial or jail
term.
Vice Mayor Datzman asked, the Attorney mentioned
public intoxication in the downtown - how does this
affect that.
City Attorney Mattas stated it doesn't for it is a
misdemeanor and still will be, but gives him the
option.
M/S Matsumoto/Fernekes - To waive reading and
introduce the ordinance.
Carried by unanimous voice vote.
5/13/98
Page 12
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
Motion to approve Negative Declaration ND-97-027
and Subdivision Final Map SA-97-037/Rev. for South
San Francisco Unified School District/El Rancho
Project.
13.
Resolution approving the Promenade Subdivision
Final Map, SA-96-116, accepting dedication, approv-
ing Subdivision Improvement Agreement, DCC&Rs
and authorizing the recordation of map by the City
Clerk; resolution approving the annexation of the
former lands of McLellan to the City of S.S.F. D"t) gq
A RESOLUTION APPROVING THE PROMENADE
FINAL MAP (SA-96-116), ACCEPTING OFFERS
OF DEDICATION, APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT, AUTHORIZING
THE RECORDATION OF THE MAP AND AP-
PROVING THE DECLARATION OF COVE-
NANTS, CONDITIONS AND RESTRICTIONS
A RESOLUTION ANNEXING CERTAIN TERRI-
TORY TO THE CITY OF SOUTH SAN FRANCIS-
CO DESIGNATED "ANNEXATION OF LANDS
OF MCLELLAN TO THE CITY OF SOUTH SAN
FRANCISCO"
ADMINISTRATIVE BUSINESS
Removed from the Agenda by the City Manager
under Agenda Review.
Director of Public Works Gibbs read the staff report
aloud.
Mayor Mullin stated a resident was concerned and
wanted to increase the sight distance where the
signal is to be place.
Councilman Penna asked if anything is to be done
with the walkway.
City Manager Wilson stated it will be signalized.
Mr. Don Lapidus stated there is a signal at
McLellan, that is the main entrance, but there is
another down the street put in by BART and that is
where the walkway is.
Councilman Penna stated, something doesn't make
sense here, if BART is going to have a signal by the
walkway that means the entrance to BART is going
to be further south, but he thought it was going
to be closer to Hickey Blvd. He feels a pedest-
rian over crossing is safer.
Mr. Lapidus stated that is correct, he believes that
Hickey is a secondary access to BART and Costco,
and another by the walkway.
City Manager Wilson stated the lights will be coor-
dinated so they work in unison, but if you recall we
are signalizing the south end so it doesn't conflict
and is further away from McLellan. He stated that
was need to service the BART station for there are
high traffic volumes.
Mr. Lapidus thanked Council for the opportunity to
build this project and wanted to make a point of
thanking the staff for their help in getting through
the project.
M/S Penna/Matsumoto - To adopt the Resolution
annexing the lands of McLellan to the City.
RESOLUTION NO. 60-98
5/13/98
Page 13
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
3. Resolution - Continued.
ITEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
14. Closed Session. pursuant to GC 54957.6, labor nego-
tiations for AFSCME.
ECALL TO ORDER:
ADJOURNMENT:
RESPECTFULLY SUBMITI'ED,
Barbara A. Battaya, City Clerl~
City of South San Francisco
ADMINISTRATIVE BUSINESS
Carried by unanimous voice vote.
M/S Penna/Fernekes - To adopt the Resolution
approving the Promenade Final Map SA-96-116.
RESOLUTION NO. 61-98
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
No one chose to speak.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at 10:08 p.m.
to discuss the item noticed.
Mayor Mullin recalled the meeting to order at 10:50
p.m., all Council was present, no action was taken
and direction was given.
M/S Datzman/Fernekes - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 10:51 p.m.
APPROVED.
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.
5/13/98
Page 14