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HomeMy WebLinkAboutMinutes 1998-10-14 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes '--Karyl Matsumoto lohn R. Penna MINUTES City Council City Hall Council Conference Room October 14, 1998 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 14, 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 14th day of October 1998, at 5:15 p.m. in the Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: Closed Session, pursuant to GC 54957.6, for a performance evaluation of the City Attorney. Dated: October 1, 1998 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session, pursuant to GC 54957.6, for a perfor- mance evaluation of the City Attorney. RECALL TO ORDER: ACTION TAKEN 5:25 p.m. Mayor Mullin presiding. Council Present: Council Absent: Datzman, Fernekes, Matsumoto, and Mullin. Penna. Council adjourned to a Closed Session at 5:26 p.m.to discuss the item noticed. Mayor Mullin recalled the meeting to order at 6:03 p.m., all Council were present with the exception of Councilman Penna, no action was taken and direc- tion was given. M/S Fernekes/Matsumoto - To adjourn the meeting. Carried by unanimous voice vote of those present. 10/14/98 Page 1 AGENDA ACTION TAKEN _.L?,ESPECTFULLY SUBMITTED, Mary Ls~Bolt, Deputy City Clerk City of South San Francisco APPROVED. City o~ 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. 10/14/98 Page 2 Chairman Eugene R. Mullin Boardmembers: James L. Datzman Joseph A. Fernekes --'Karyl Matsumoto John R. Penna MINUTES Capital Improvements Authority Municipal Services Building Community Room October 14, 1998 SPECIAL MEETING SOUTH SAN FRANCISCO CAPITAL IMPROVEMENTS FINANCING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 14, 1998 -74, NOTICE IS HEREBY GIVEN, pursuant Resolution of the City of South San Francisco, the Capital Improvements Financing Authority of the City of South San Francisco will hold a Special Meeting on Wednesday, the 14th day of October at 6:45 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to order. 2. Motion to approve the Minutes of the Special Meeting of 12/10/97. Resolution authorizing a bond issuance of $36 million to refinance the Gateway infrastructure and Willow Gardens Project Bond Issue. A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $36,000,000 PRINCIPAL AMOUNT OF REVENUE BONDS RELATING TO SOUTH SAN FRANCISCO REDEVELOPMENT PROJECTS, AUTHORIZING AND DIRECTING EXECUTION OF RELATED INDENTURE OF TRUST, AUTHORIZING SALE OF BONDS, APPROVING OFFICIAL STATEMENT, AND AUTHO- RIZING OFFICIAL ACTION 3. Adjournment. Dated: October 8, 1998 Clerk Capital Improvements ~nanclng ut ority City of South San Francisco AGENDA 2ALL TO ORDER: (Cassette No. 1) Ac_ZION TAKEN 6:55 p.m. Chairman Mullin presiding. 10/14/98 Page 1 AGENDA A~!!ON TAKEN 7~ _.ROLL CALL: 2. Motion to approve the Minutes of the Special Meeting of 12/10/97. Resolution authorizing a bond issuance of $36 million to refinance the Gateway infrastructure and Willow Gardens Project Bond Issue. ~6~',.~77 A RESOLUTION AUTHORIZING THE ISSU- ANCE OF NOT TO EXCEED $36,000,000 PRINCIPAL AMOUNT OF REVENUE BONDS RELATING TO SOUTH SAN FRANCISCO REDEVELOPMENT PROJECTS, AUTHORIZ- ING AND DIRECTING EXECUTION OF RE- LATED INDENTURE OF TRUST, AUTHO- RIZING SALE OF BONDS, APPROVING OF- FICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTION ^DJOURNMENT: Boardmembers present: Boardmembers absent: Datzman, Fernekes, Matsumoto, Penna and Mullin. None. M/S Fernekes/Datzman - To approve the Minutes of the Special Meeting of 12/10/97. Carried by unanimous voice vote. Director of Finance Brooks related: those people in the audience taking part in the bond issuance; the need for approval of the issuance of 1998 Tax Allocation Bond Series A to refinance the 1993 Gateway Redevelopment Project Tax Allocation Bonds and to issue 1998 Tax Allocation Bonds Series B in order to finance, in part, the Willow Gardens Housing Project tbr not to exceed $36 million; the reasons for the bond issue are substan- tially a higher interest rate, the refinancing is highly attractive to the City, the revenue generated will allow retirement of secondary debt still on the brooks from 1993 to Homart/Hines, the residual revenue available can be escrowed to provide fund- ing for future transportation/childcare projects in the Gateway, the issue will provide the 3.15 million dedicated to the Willow Gardens Project; the reve- nue stream for payment of this bond will pay the principal and interest and continue to provide flexi- bility to Gateway projects in the future, the 20% low-moderate income housing set aside generated by our four-redevelopment projects will provide the revenue to pay the Series B Willow Gardens Project Bonds; the cost is $1/2 million or $3/4 million. Chairman Mullin stated he saw some errors in the documents, he had concerns for this is some serious money. M/S Datzman/Fernekes - To adopt the Resolution. RESOLUTION NO. CIP-119A-98 Carried by unanimous voice vote. M/S Penna/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:18 p.m. 10/14/98 Page 2 AGENDA ACTION TAKEN 7¢ RESPECTFULLY SUBMITTED, Barbara A. Battaya, Clerk ~t Capital Improvements Authority City of South San Francisco APPROVED. C ~ i~ffi p rMoUvl~ Irnn; fsh a/~rul~lha~ it y City of South San Francisco The entries of this Agency meeting show the action taken by the Capital Improvements Financing Authority to dispose of an item. Oral communications, 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. 10/14/98 Page 3 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes ' Karyl Matsumoto John R. Penna MINUTES City Council Municipal Services Building Community Room October 14, 1998 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS --ity Beautification - Fire Marshal/Chief Building Official Jim Kirkman ACTION TAKEN 8:00 p.m. Mayor Mullin presiding. Council Present: Council Absent: Datzman, Fernekes, Matsumoto, Penna and Mullin. None. The Pledge was recited. Rev. Neely, Grand Avenue Baptist Church, gave the invocation. PRESENTATIONS Assistant Fire Chief Sciandri related: that Mr. Kirkman was recently promoted to this position after taking over from Fred Lagomarsino after coming to the City in 1996; he has been active in building, fire matters and in the renovation of the City Hall, and in items of code enforcement and beautification. Fire Marshall/Chief Building Official Kirkman related: two and a half years ago he was looking for a more challenging career and he came to work for the City; plans for the Division have material- ized except for computerized permits; the move to the Annex with having Engineering, Fire Prevention and Planning in one area has streamlined the permit process for outside contractors and it has worked well; the window bar program has been initiated; we have hired two new code enforcement officers, and are back at full staff, and can increase activity levels for the citizens; we are recruiting a building inspec- tor and will conduct interviews for that position; there are a couple of major projects to beautify the City, 294 Hillside was an abandoned gas station and staff got it demolished and the other project is the Industrial Hotel whose structural integrity was such that we needed to get the people out of there - which we did; staff directed them to paint the entire inside a neutral color so it is not a blight; staff will bring Council a property maintenance ordinance with input 10/14/98 Page I AGENDA ACTION TAKEN PRESENTATIONS ity Beautification - Continued. uertificate of Appreciation Mary Meissner Tree Hero Award - Beautification Committee Member Al Seubert 1998 Beautification Awards - Virginia Smotherman Follow-up to S.S.F. Day In the Park and 90th Birthday - Councilman Fernekes AGENDA REVIEW City Manager Wilson Requested: - Remove Item No. 5. - Remove Atlas Heating from the Closed Session as it is a Redevelopment Agency issue. PRESENTATIONS from Planning, Public Works, the Police, P&R which will be far sweeping for code enforcement, for there are a lot of calls where we can only do voluntary compliance; he cited the number of calls received, the number of inspections made a month, plus plan checking; etc. Mayor Mullin asked that when the property ordi- nance comes before the Council he wants it ex- plained in great depth, for all of Council gets calls on buildings in the neighborhood that are causing blight to the neighborhood. He stated he looked forward to an ordinance that will enhance the quality of life in the community. Discussion followed: Councilman Penna stated he had an opportunity to work with the Department, and they are indeed busy and are doing a good job; Vice Mayor Datzman stated he did the background check on Mr. Kirkman and knows what kind of quality he brings to the City, as well as the work he did in other municipalities, and is glad he got the promotion. Mayor Mullin stated Ms. Meissner will be here on the 28th. Mr. Seubert presented the award to Mr. Rich Bordi and gave him a little saw. Beautification Committee Member Seubert presented the Residential Awards to: Frederick and Helen Young, 633 Serra Drive and William Hatch, 881 Newman Drive. He stated the Commercial Award was for the property at the corner of Chestnut and Antoinette Lane. City Manager Wilson stated this was being contin- ued to the next meeting. AGENDA REVIEW So ordered. 10/14/98 Page 2 AGENDA ORAL COMMUNICATIONS 10/14/98 Page 3 ACTION TAKEN ORAL COMMUNICATIONS City Clerk Battaya read the following memo into the record, dated 10/14/98, to Mayor Mullin and the City Council: I would like to take this opportunity tO announce to the City Council and the citizens of S.S.F. my retirement, which will be effective De- cember 30, 1998. I make this announcement sadly, but due to health conditions and my Doctor's advice, this decision was made to guaranty a quality of life in my retire- ment years. I was hired by the Finance Director of S.S.F. in January 1977 to serve as his Secretary. In August of 1979 I was appointed City Clerk to fill the va- cancy from the retirement of City Clerk Arthur Rodondi. I was successful in running for the elected position in 1980, returned to Office by the voters in 1985, 1989, 1993 and 1997 and, I am deeply grate- ful for the opportunity to have served my communi- ty tbr these past 19 years. The City Council, in the near future, will be making a decision to either appoint a new City Clerk to complete the two year tenure of office or will call a special election to fill the uncompleted two year term of the City Clerk's tenure of office, and I have faith that the newly chosen City Clerk will serve you faithfully. Respectfully submitted, Barbara A. Battaya. Ms. Elizabeth Nisperos stated she wanted everyone to know the good news of S.S.F. because of the antitoxin discovered which is the first vaccine against aids and the FDA approving one for breast cancer. She stated that S.S.F. and Genentech has been promoted in different networks which includes the author she named who is quite name worthy on dateline, and received the Peabody Award for achievement for broadcasting in 1994. She stated that S.S.F. is now a world class City. Mayor Mullin stated he sent a letter to Genentech congratulating them on the marketing of their im- portant advance on the treatment of breast cancer. Ms. Ruth Shaker, Kaiser Hospital, stated she is Chief of Obstetrics at Kaiser and wanted to take the opportunity to announce the Womens Health Care AGENDA .-ORAL COMMUNICATIONS COMMUNITY FORUM 10/14/98 Page 4 ACTION TAKEN ORAL COMMUNICATIONS Fair at the Hospital on the second floor, from ten to two. She stated it is for the community and Kaiser patients and wants everyone to come and benefit from the fair. The hospital will highlight education issues ranging from teenagers through older menopausal. She stated it is open for Kaiser mem- bers and the public this Saturday, and is in the cafeteria. COMMUNITY FORUM Councilman Penna stated, in response to his query, he received a memo from the Director of Informa- tion Technology and would like to go a step further while he appreciates his comments and response. He knows as a Director of Liberty Bank we have complied and we have tested the system so that the Bank will function formally in the year 2000. What he would like to know from the City's standpoint is which computers are required normal functions of City business, for he knows we need computers for the Water Quality Control Plant and he does not want that shut down because of non-compliance. Maybe direct the staff to get back to us with some sort of a spread sheet or however you want to do it, what the use of the computers are, and how sensitive are they to the convenience of the year 2000. City Manager Wilson stated he had a discussion with Councilman Penna, but for the sake of the commu- nity on the report indicated, police, fire, dispatch and technology has indicated they are in compliance and can verify it. Finance is in the process and that will be in compliance. If necessary they will bring in outside assistance to verify that where the embed- ded systems will be addressed. Councilwoman Matsumoto stated her concern was also with the people with whom we do business, and whether they could shut the City down. City Manager Wilson stated the Councilwoman wanted a certain level of confidence, that in the year 2000 there are not going to be a problem with ser- vices. We responded to that, but it was not ad- dressed adequately enough, so that Council feels comfortable and will not have services interrupted. What will be affected is Redwood City, and we have been assured by them that is not a problem, howev- COMMUNITY FORUM AGENDA 10/14/98 Page 5 ACTION TAKEN COMMUNITY FORUM er, he will get more information in two weeks. Vice Mayor Datzman: thanked the Mayor for sending a letter to the Convention Bureau saying we are going to be authorizing a $50,000.00 participa- tion, but there is a need to reorganize the Board of Directors consistent with the lines stated in the letter; he will be appearing on water transit asking for their support for the Oyster Point, and we have our last regular transit report in order to prepare a report to the Bay Area Counsel; his compliments to Councilman Fernekes and Director of Park, Recre- ation and Maintenance Services Nagel for their work in successfully hosting a Sister City dinner for the guests from Lucca, Italy, which took a lot of work and was much appreciated. Mayor Mullin related: attended a 55th anniversary hoedown and party; was in Sacramento on a variety of welfare work programs and his particular work was education to deal with the tremendous entities; on the 30th of the month he represented the North Peninsula Cities on noise at the Metro Facility look- ing at the entire phasing of the three Airport scenari- os at Oakland and San Francisco on providing the necessary transportation that is acceptable; also he had the opportunity to attend the Project Read going away party for Leslie Sheldon, and feels the City is loosing a fine person; attended a conference that addressed Janet Reno on police strategies that make them more community friendly and goes beyond the apprehension; one of the projects was not unlike Families on Track. Councilman Fernekes related: his thanks for the kind words on the Sister City dinner; it was the 20th anniversary of our singing with Lucca, which we visited last year and this year they came to visit us with a renewal of our friendship with the Vice Mayor and two Councilmen from Lucca; he com- plimented staff in putting everything together with a dinner for 168 residents, which were neighbors that participated in the event, a fun event; the other item is on Saturday at 9 a.m. there is the bay clean-up at the end of Haskins Way at the Industrial Park, people come to clean-up the bay and coastline, which we have been doing for many years and invited people to come out for the clean-up. AGENDA ACTION TAKEN .__COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 9/23/98 and Special Meeting of 9/30/98. 2. Motion to confirm expense claims of 10/14/98. ~'0 I.~, Motion to accept the new Corporation Yard Project as complete in accordance with the plans and specifi-_., cations. .DODO 4. Resolution dedicating a revenue source to the repay- ment of the State Revolving Fund Loan and authorize the City Manager to negotiate and execute the loan __ agreement. ~9~ 7 A RESOLUTION DEDICATING A REVENUE SOURCE TO THE REPAYMENT OF THE STATE REVOLVING FUND LOAN FOR THE WATER QUALITY CONTROL PLANT EXPANSION PRO- JECT NO. C-06-4614-110 AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE LOAN AGREEMENT Resolution awarding contract to Monterey Mechani- cal, in the amount of $41,444,000 for the Water Quality Control Plant Improvement Project. ~'~08 '7' A RESOLUTION APPROVING A CONTRACT WITH MONTEREY MECHANICAL INC., GEN- ERAL CONTRACTOR IN AN AMOUNT NOT TO EXCEED $41,444,000 FOR CONSTRUCTION SERVICES FOR THE WATER QUALITY CON- TROL PLANT IMPROVEMENT PROJECT 6. Resolution authorizing the continuance of the Disad- vantaged Business Enterprise Program for Federally __ funded construction projects (ANIP). ,.6" 2.5t2, A RESOLUTION ADOPTING THE CITY OF SOUTH SAN FRANCISCO'S DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM COMMUNITY FORUM Councilwoman Matsumoto related: she was absent at the last meeting and attended a workshop on public markets and farmers markets and a written report is forthcoming; she attended a League of Cities seminar in Long Beach and will share that later; etc. CONSENT CALENDAR Approved. Approved in the amount of $2,909,131.72. Accepted. RESOLUTION NO. 120-98 Removed from the Consent Calendar by the City Manager. RESOLUTION NO. 121-98 10/14/98 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR 5. Resolution - Continued. THROUGH SEPTEMBER 30, 1999 Resolution to execute a construction and maintenance agreement with REST Investment (TRUX) for the Open Space Park/Fingers Parking Project. ~O~"5 A RESOLUTION APPROVING A CONSTRUC- TION AND MAINTENANCE AGREEMENT FOR THE "FINGERS" OPEN SPACE PARK BETWEEN REST INVESTMENT AND THE CITY OF SOUTH SAN FRANCISCO o Resolution accepting two LSTA grants for $94,900 and one grant for $10,000 from the Atkinson Foun- dation that will be used to support Project Read and the Community Learning Center. .5'12. tO A RESOLUTION AUTHORIZING THE ACCEP- TANCE OF TWO FEDERAL LIBRARY SERVICES AND TECHNOLOGY ACT GRANTS TOTALING $94,900.00 AND ONE GRANT TOTALING $10,000 FROM THE ATKINSON FOUNDATION AND APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (NO. 99-3) Resolution approving the change of control of the cable television franchise to reflect the merger of TCI Cablevision of California with AT&T. .5'/~3 A RESOLUTION APPROVING THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE 10. Motion to accept the Tennis Drive Lighting Project as complete in accordance with the plans and specifi- cations. ,O~-D~O 11. Resolution approving a budget amendment for litiga- tion for Hutchings vs. City of S.S.F. ~-2.-7 '2.- A RESOLUTION APPROVING AN AMENDMENT TO THE OPERATING BUDGET (NO. 99-4) RE- LATED TO LITIGATION SERVICES Resolution setting an evidentiary hearing for 11/10/98 to consider the Planning Commission recommendation to modify UP-88-342/MOD 3 allowing indoor enter CONSENT CALENDAR RESOLUTION NO. 122-98 RESOLUTION NO. 123-98 RESOLUTION NO. 124-98 RESOLUTION NO. 125-98 Removed from the Consent Calendar for discussion by Councilman Fernekes. 10/14/98 Page 7 AGENDA ACTION TAKEN ._CONSENT CALENDAR 2. Resolution - Continued. tainment at the Shangri-La restaurant, situated at 3963 Callan Blvd. ~'o~ A RESOLUTION SETTING A HEARING ON WEDNESDAY, NOVEMBER 10, 1998, AT 7:30 P.M. AT 33 ARROYO DRIVE, SOUTH SAN FRANCISCO TO CONSIDER THE PLANNING COMMISSION RECOMMENDATION TO MODIFY USE PERMIT 88-342/MOD 3 ALLOWING IN- DOOR ENTERTAINMENT AT 3963 CALLAN BOULEVARD, SHANGRI-LA RESTAURANT 13. Motion to adopt an ordinance effecting a meeting time change for the Personnel Board. /m. AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 2.62.050 REGARDING MEET- INGS OF THE PERSONNEL BOARD 12. Resolution setting an evidentiary hearing for 11/10/98 to consider the Planning Commission recommendation to modify UP-88-342/MOD 3 allowing indoor enter- tainment at the Shangri-La restaurant, situated at 3963 Callan Blvd. A RESOLUTION SETTING A HEARING ON WEDNESDAY, NOVEMBER 10, 1998, AT 7:30 P.M. AT 33 ARROYO DRIVE, SOUTH SAN FRANCISCO TO CONSIDER THE PLANNING COMMISSION RECOMMENDATION TO MODIFY USE PERMIT 88-342/MOD 3 ALLOWING IN- DOOR ENTERTAINMENT AT 3963 CALLAN BOULEVARD, SHANGRI-LA RESTAURANT Councilman Penna Returned to the Podium: ADMINISTRATIVE BUSINESS Resolution authorizing a bond issuance of $36 million to refinance the Gateway infrastructure and Willow Gardens Project Bond Issue. CONSENT CALENDAR ORDINANCE NO. 1231-98 M/S Penna/Fernekes - To approve the Consent Cal- endar with the exception of Items No. 5 and 12. Carried by majority voice vote, Councilman Penna was not present. Councilman Fernekes asked who the hearing was to be before. Director of Economic & Community Development Van Duyn stated it was before the City Council. M/S Fernekes/Datzman - To adopt the Resolution. RESOLUTION NO. 126-98 Carried by majority voice vote, Councilman Penna was not present. Councilman Penna returned to the podium. ADMINISTRATIVE BUSINESS Director of Finance Brooks related: the need for approval of the issuance of 1998 Tax Allocation Bond Series A to refinance the 1993 Gateway Rede- 10/14/98 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 4. Resolution - Continued. A RESOLUTION APPROVING THE ISSUANCE OF NOT TO EXCEED $31,500,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO 1998 TAX ALLOCATION BONDS, SERIES A (GATE- WAY REDEVELOPMENT PROJECT, AND THE ISSUANCE OF NOT TO EXCEED $4,500,000 CITY OF SOUTH SAN FRANCISCO REDEVEL- OPMENT AGENCY 1998 TAX ALLOCATION BONDS, SERIES B (HOUSING SET-ASIDE TAX REVENUES) 15. Resolution adopting the 1998-99 Capital Improvement Program. ..~/ZO A RESOLUTION APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1998-99 ADMINISTRATIVE BUSINESS velopment Project Tax Allocation Bonds and to issue 1998 Tax Allocation Bonds Series B in order to finance, in part, the Willow Gardens Housing Pro- ject for not to exceed $36 million; the reasons for the bond issue are substantially a higher interest rate, the refinancing is highly attractive to the City, the revenue generated will allow retirement of sec- ondary debt still on the books from 1993 to Homart/Hines, the residential revenue available can be escrowed to provide funding for future transpor- tation/childcare projects in the Gateway, the issue will provide the $3.15 million dedicated to the Wil- low Gardens project; the revenue stream for pay- ment of this bond will pay the principal and interest and continue to provide flexibility to Gateway pro- jects in the future, the 20% low-moderate income housing set aside generated by our four-redevelop- ment projects will provide the revenue to pay the Series B Willow Gardens Project Bonds. Mayor Mullin commended the Finance Director for taking advantage of the bond market, and for the transit oriented child care and strong direction being taking for Willow Gardens. M/S Fernekes/Matsumoto - To adopt the Resolution. RESOLUTION NO. 127-98 Carried by unanimous voice vote. Director of Public Services Gibbs related: staff brought the CIP to Council on September 30th, and did an extensive review; it has been before the Planning Commission and is consistent; this pro- vides a list of projects and includes the structure work and the regular work for storm drains and major projects for the Oyster Point Widening to the Marina and the large improvement to the WQCP; the total cost of the program is $96 million and 36 million is a prior appropriation approved by the Council; the remaining $39 million is from the loan from the State Revolving Fund for the WQCP, plus other funds such as Gas Tax Funds; etc. Councilman Fernekes complimented staff on the new format and the prior presentation, for he felt it was a job well done. 10/14/98 Page 9 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 5. Resolution - Continued. ITEMS FROM COUNCIL 16. Direction to staff on the acquisition and use of a citizen input timing device. _5' 1~3 ADMINISTRATIVE BUSINESS M/S Matsumoto/Datzman - To adopt the Resolution. RESOLUTION NO. 128-98 Carried by unanimous voice vote. ITEMS FROM COUNCIL Director of Finance Brooks related: he was asked to bring this to Council's attention; the equipment is available for use by the Council for citizen input for anticipated hearings; the use of this device is to make hearings run smoothly and eliminate the ne- cessity interruptions; the particular device is shown in the attachment to the staff report, and he de- scribed the device at the Mayor's position on the dias and this could be set; the input device has a timer for the time consumed and shows the status of input summation, and can be set at five minutes or any length of time; at the podium would be a similar device with the time and the lights, and then in front of the dias there would be something similar to a stop light and it would progress through the lighting and then if you want reset the time and give addi- tional time; this particular device is available from New York and the total cost is the control device and the input and the carrying case in which the whole unit can be contained; this device can be used by the Council, the Planning Commission, as well as for town meetings to limit time of input; it can be delivered in four to six weeks; to acquire the light and the clock is $1,830, and questioned if the Coun- cil wants to consider this and proceed with the item or not. Vice Mayor Datzman stated he had asked that this item be considered a while back. Why would he do that, because the Council has been a year free of controversy, but he has had some years sitting in the audience and was part of some highly charged meet- ings and feels this is a good device. He feels this should be considered now, rather than wait until there is a situation. Our agenda says anyone wish- ing to speak can speak for five minutes, but we have not held anyone to that, so if we arbitrarily on an evening start to implement that - it could cause dispute in itself because we have no standard in place. 10/14/98 Page 10 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 5. Direction - Continued. GOOD AND WELFARE 10/14/98 Page 11 ITEMS FROM COUNCIL Councilman Penna stated he appreciated the Vice Mayor's comments, but there have been times with heated meetings where we did install the five minute rule and the one that comes to mind was the card- room, and the hearing was a very long one. In the last nine years it was either a three or a five minute rule. His only question on this - who gets to play with the clock, is it the Mayor. Mayor Mullin stated the Mayor's position is the one when the speaker begins. Discussion followed: the larger clock faces out to the audience; Councilman Fernekes thought it as a good idea, for he has sat here through controversial meetings and it is difficult to get a speaker to five minutes; in Councilwoman Matsumoto's experience the use of the clock is fair and objective to all speakers; she supports this but wants to see clear guidelines set down for the number of minutes; even with this mechanical system the Council is always able to extend the time if they choose; when you have tens of speakers the Council is looking at hours of input, and we want them to summarize their comments; whatever is chosen should be uniformly applied; this should be used for hearings like Terrabay; it should be left to the decision of the Mayor or Chairman on whether to use the device or not. M/S Penna/Matsumoto - To acquire the light and clock for $1830.00. Carried by unanimous voice vote. GOOD AND WELFARE Vice Mayor Datzman feels that the Cultural Arts Commission should be given some direction on the murals, and he will sit down with them. Mayor Mullin stated he will create a Subcommittee for he attended the meeting on the Grand Auto mural and objected to its location and wanted them to look at alternate sites. He lodged an objection as a citizen on how the process should work between Boards and Council. CLOSED SESSION 7. Closed Session, pursuant to GC 54956.9, for a con- ference with legal counsel on existing litigation - Hutchings vs. City of S.S.F. and Atlas Heating & Plumbing vs. City of S.S.F., and pursuant to GC 54956.8, real property negotiations with Negotiator Bob Beyer for the property at the south east corner of Marina Drive and Oyster Point Blvd. (Parcel No. 015-010-280). RECALL TO ORDER: .DJOURNMENT: CLOSED SESSION Atlas Heating & Plumbing vs. City of S.S.F. was removed by the City Manager under Agenda Re- view. Councilman Penna stated he will leave the meeting on any discussion having to do with land issues due to a conflict of interest pursuant to a ruling by the FPPC. Council adjourned to a Closed Session at 9:40 p.m. for the items noticed and removed. Mayor Mullin recalled the meeting to order at 11:00 p.m., all Council was present except Councilman Penna, who left the meeting at 9:50 p.m. and did not return, no action was taken and direction was given. M/S Datzman/Matsumoto - To adjourn the meeting. Carried by majority voice vote, Councilman Penna was not present. Time of adjournment was 11:01 RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Eu~,en~t~. IVlUllln, ~vlayor 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. 10/14/98 Page 12