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HomeMy WebLinkAboutMinutes 1999-06-09CALL TO ORDER: ROLL CALL: MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING JUNE 9, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CLOSED SESSION 10:30 p.m. Present: Absent: Councilmembers Fernekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman None Pursuant to Government Code Section 54957, Evaluation of City Manager Entered into Closed Session at 10:30 p.m. Reconvened into Open Session at 1:50 a.m. City Attorney Mattas announced that direction was given and no action was taken. ADJOURNMENT Motion-Fernekes/Second-Mullin: To adjourn the City Council meeting at 1:50 a.m. Unanimously approved by voice vote. Respectfully Submitted: Approved: · Payne, City C1/trk outh San Francisco J, m~s L.~Datz , Mayor ~Jity of ~outh~co The entries of this Council meeting show the action taken by the City Council 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. MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING JUNE 9, 1999 Municipal Services Building Community Room CALL TO ORDER: 7:42 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Fernekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. Absent: None PLEDGE OF ALLEGIANCE: INVOCATION: Reverend John Cantley, Grace Covenant Church PRESENTATIONS Peninsula Partnership for Children, Youth and Families - Director Jennifer Sedbrook, and Director of Community Outreach Heather Quinn Directors Sedbrook and Quinn made a visual presentation that reviewed the program, what the City can expect when it becomes a collaborative site, the benefits, funding, and what other San Mateo County collaborative sites are doing. In response to Mayor Pro Tem Matsumoto's question regarding the School District's role, Director Quinn stated a one year plan will be developed with the School District and focused around the Learning Center. In response to Councilman Mullin, Director Quinn stated that the South San Francisco site will work with other existing programs, including Parks & Recreation, Families on Track, Learning Center, and the Health Center, concentrating on children 0-8 years of age, learning readiness by kindergarten, and literacy by the third grade. Director Quinn also stated that Partnership staff will provide technical assistance and the funding can be used to hire staff. Council voiced their support for the program. AGENDA REVIEW City Manager Wilson requested Item No. 10 be continued to the June 23, 1999 regular meeting, stating no progress was made. Mayor Datzman requested Item No. 17 be taken as the first item after the Consent Calendar due to the number of speakers present. ORAL COMMUNICATIONS Mr. William Bagley, 426 Wildwood Drive, stated his dissatisfaction with TCI and their lack of service. Mayor Datzman informed Mr. Bagley that TCI will be discussed further under Item No. 15. Cultural Arts Commissioner Karen Ochsenhirt, 323 Holly Avenue, announced the Bonsai Exhibit, June 25-27, 1999 and a reception will be held on Friday night, June 25, from 7:00- 9:00 p.m. COMMUNITY FORUM · Councilman Penna reported on the Chamber mixer that was held at the new Grand Avenue restaurant, Bacchanal. Mayor Pro Tem Matsumoto reported on the progress of the ArtRise Subcommittee (Matsumoto/Fernekes) and that a staff report will be prepared with more detailed information and a recommendation for the ArtRise building. Mayor Pro Tem Matsumoto stated she attended the Adult High School graduation, held Tuesday, June 8, 1999 and that it was an impressive ceremony. · Councilman Femekes attended the Adult High School graduation and corroborated Mayor Pro Tem Matsumoto' s comments. · Mayor Datzman stated he attended the Elk's Club Flag Day ceremony the previous evening and complimented the Club for its positive tribute to the event. COUNCIL SUBCOMMITTEE REPORTS Councilman Femekes stated that the Cable Subcommittee (Femekes/Datzman) met and will make a report under Item No. 15. The Day in the Park Subcommittee (Femekes/Matsumoto) met with staff to discuss the day's activities. Councilman Mullin briefly reported on the Budget Subcommittee (Fernekes/Mullin) meeting and information will be provided at the June 16, 1999 Study Session. He also reported on the Airport/Community Roundtable letter he presented to the Chairman stating his displeasure with the formation of an Ad Hoc committee comprising of several San Mateo County cities and two Santa Clara County cities. All of the North San Mateo County city representatives concurred with the letter. He also reported on the Airport/Community REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 2 Roundtable Noise Complaint Subcommittee meeting which is close to completing a proposed new system for pinpointing single incident noise. Councilman Mullin commended the graduating class of South San Francisco High School and announced his retirement from the school, effective Friday, June 11, 1999. Mayor Pro Tem Matsumoto and Councilman Femekes thanked Councilman Mullin for his presentation on students in local government at the June 3, 1999, North San Mateo County Council of Cities meeting. CONSENT CALENDAR Motion to Approve the Minutes of the May 19 and 26 Special Meetings and May 26, 1999 Regular Meeting 2. Motion to Confirm Expense Claims of June 9, 1999 o Resolution No. 70-99, Requesting San Mateo County Board of Supervisors Use the San Mateo County Flood Control District as the Funding Mechanism to Support the Countywide National Pollution Discharge Elimination System (NPDES) Stormwater Management Plan Resolution No. 71-99, Authorizing the Acceptance of a $30,000 Grant from the Peninsula Community Foundation to Fund a Third Year of the Project Read Computer Lab and Amending the 1998/99 Library Budget 5. Motion to Adopt an Ordinance Restricting the Sale, Possession and Use of Laser Pointers Resolution No. 72-99, Approving the Joint Powers Agreement for the Continued Participation in C/CAG Motion-Penna/Second-Fernekes: To approve the Consent Calendar as presented. Approved by voice vote. ABSTAIN: Mayor Pro Tern Matsumoto - May 19 Special Meeting. ITEMS FROM COUNCIL 17. Resolution Opposing Layoffs at UCSF-Stanford Health Care City Attorney Mattas presented the staff report. Mayor Datzman invited speakers to voice their concerns. Mr. Don Padilla, 1607A Church Street, San Francisco, stated his concerns with Marriott's methods of accountability and track record of poor performance and suggested a quarterly report be made available to see if Marriott is a cost savings. REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 3 Mr. Gerald Kaleikini, 827 Gellert Boulevard, Daly City, stated that public involvement and support for the employees is needed and his employer has not been up front with the employees. He felt Marriott will not provide the quality service that is being provided now. Mr. Michael Abadilla, 3340 San Bruno Avenue, #6, San Francisco, stated his dissatisfaction with UCSF and that the employees are not being treated fairly. Mr. Bobby Rouse, 21133B Alameda Avenue, Alameda, stated that the employees and their families appreciated Council's support. Mr. Anton Hammons, 11 Young Court, San Francisco, informed Council of the kinds of people who work at the facility, some with limited skills and language problems, and the help the facility brings to the community, including the South San Francisco School District. Mr. Daniel Regalado, 640 Florence Street, Daly City, stated he was one of the people who received a lay-off notice and described the problems that he will be facing. He stated that the workers can not take the jobs in Gilroy. Mr. Ed Nishimura, Pacifica, stated the merger between UCSF and Stanford was a mistake and a failure. Ms. Linda "Spike" Kahn, 422 Judah Street, #101, San Francisco, stated her appreciation to Mayor Datzman and Councilman Mullin for coming to the facility and showing their support for the employees. She discussed Marriott's potential take-over plans and stated once the equipment is sold there will be no going back. She stressed that the importance of the facility was to provide a service and not to be a money-making operation. Councilman Mullin commented on his visit to the facility and the entry-level jobs it provided. He stated he will be attending the Board of Regents meeting and will request the facility in South San Francisco remain open. Mayor Datzman discussed his recent conversation with Mr. Van Etten, UCSF-Stanford Health Care CEO, and the disappointing attitude Mr. Van Etten conveyed regarding the close down. He expressed his appreciation for those who spoke, what they will be facing, and the pride that they have shown. Mayor Datzman stated he would be attending the Board of Regents meeting. Councilmembers Fernekes and Penna, and Mayor Pro Tem Matsumoto asked Mayor Datzman and Councilman Mullin to convey their support to the Board of Regents. Councilman Mullin suggested a minor modification to the resolution (change "storage" to "storehouse", and "city residents" to "city and area residents"). REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 4 Motion-Mullin/Second-Fernekes: To approve Resolution No. 73-99, to oppose closing the UCSF Stanford Storehouse and Laundering facilities and the resulting loss of jobs. Unanimously approved by voice vote. (Recess 8:45 p.m. - 8:50 p.m.) PUBLIC HEARING Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Fiscal Year 1999-2000 for the West Park 1 and 2 Parks and Parkways Maintenance District Staff report presented by Parks, Recreation and Maintenance Services Director Barry Nagel. Public hearing opened and closed. Mayor Pro Tem Matsumoto asked what will happen when the assessments are concluded in 2001, and staff indicated that the level of service will remain the same and maintenance will be paid through the normal property tax process. (Cassette Tape No. 2) Councilman Mullin discussed the public improvement work and staff verified the much- needed repair and renovation work that has transpired. Motion-Penna/Second-Matsumoto: To approve Resolution No. 74-99, approving engineer's report, confirming diagram and assessment, ordering levy of assessment for fiscal year 1999-2000 for the City of South San Francisco West Park 1 and 2 Parks and Parkways Maintenance District. Unanimously approved by voice vote. o Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Fiscal Year 1999-2000 for the West Park 3 Parks and Parkways Maintenance District Staff report presented by Director Nagel. Public hearing opened and closed. Councilman Mullin briefly verified and staff confirmed that the public improvement work was previously completed. Motion-Mullin/Second-Penna: To approve Resolution 75-99 approving engineer's report, confirming diagram and assessment, ordering levy of assessment for Fiscal Year 1999- 2000 for the City of South San Francisco West Park 3 Parks and Parkways Maintenance District. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 5 o Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for Fiscal Year 1999-2000 for the Willow Gardens Parks and Parkways Maintenance District Staff report presented by Director Nagel. Public hearing opened and closed. Councilman Mullin briefly verified and staff acknowledged that the public improvement work was previously completed. Motion-Mullin/Second-Penna: To approve Resolution No. 76-99, approving engineer's report, confirming diagram and assessment, ordering levy of assessment for fiscal year 1999-2000 for the City of South San Francisco Willow Gardens Parks and Parkways Maintenance District. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 10. Motion to Adopt an Ordinance Approving the Amended and Restated Terrabay Development Agreement Phase II (continued from the May 26, 1999 City Council meeting) Continued to the June 23, 1999 regular meeting. 11. Resolution Awarding a Consultant Contract to Kimley Horn Associates for Design and Engineering of Traffic Signalization at Hilton Avenue and Hickey Boulevard in the Amount of $75,165 and Appropriating $80,000 from the Gas Tax Fund Staff report presented by Public Works Director John Gibbs. Councilman Penna asked how the new signalization will effect the flow of traffic along Hickey Boulevard, and Director Gibbs indicated that it will be improved. Council discussed the proposed work with staff, including adding lanes, and the possible removal of the pedestrian bridge. Staff indicated that input from the neighborhood will be solicited and their comments will be brought back to the Council for consideration. In response to Councilman Mullin, City Engineer Kianpour indicated that the intersection with the highest accident rate is Linden Avenue at Airport Boulevard. Mayor Pro Tem Matsumoto asked if BART's work is being taken into consideration, and City Engineer Kianpour confirmed that it is and alterations will not be necessary when the BART line is completed. Motion-Fernekes/Second-Penna: To approve Resolution No. 77-99, authorizing an agreement with Kimley Horn in an amount not to exceed $75,165 for design of the traffic signals at the intersection of Hickey and Hilton Avenue and authorizing an amendment to REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 6 12. the 1998-1999 Capital Improvement Program Budget (CIP-99-7). Unanimously approved by voice vote. Resolution Awarding a Contract to Ghilotti Construction Co. for Oyster Point Widening Project in the Amount of $3,017,492.50 and Awarding a Contract to L & M Environmental in an Amount Not to Exceed $392,000 for Hazardous Material Removal and Approving an Amendment to the 1998-99 Capital Improvement Program Budget to Show the Oyster Point Boulevard Widening Project Budget as $4,600,000 Staff report presented by Public Works Director Gibbs. Councilman Mullin confirmed that the contract with Ghilotti is lower due to the work that RGW completed and was not included in the bid. Motion-Mullin/Second-Fernekes: To approve Resolution No. 78-99, awarding a construction contract to Ghilotti Construction in an amount not to exceed $3,017,492 for the Oyster Point Boulevard Widening project, awarding a contract to L&M Environmental in an amount not to exceed $392,000 for hazardous material removal and approving an amendment to the 1998-99 Capital improvement Program Budget (99-8). Unanimously approved by voice vote. Mayor Datzman asked that the businesses in the area be notified of the construction timeframe, and Director Gibbs confirmed that businesses will be notified and that a sign will be posted with information regarding the work including an 800 number for people to call. LEGISLATIVE BUSINESS 13. Motion to Waive Reading and Introduce an Ordinance Amending the Policy for Appointing Conference Center Authority Commissioners Staff report presented by City Attorney Mattas highlighting the modifications. Conference Center Authority members Fernekes and Penna stated their support for the recommendation from the Conference Center Authority. Council agreed to modify the section requiring the City Manager to attend all meetings by adding 'or his designee' to the ordinance, with the stipulation that the City Manager make every effort to attend the meetings. Council discussed the rotation of Council members on the Commission. City Attorney Mattas stated that Council rotation is not part of the ordinance. The Council subcommittee (Fernekes/Penna) agreed to come back to the Council with a recommendation. Motion-Mullin/Second-Fernekes: To waive reading of an Ordinance amending Chapter REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 7 2.78 of the Municipal Code regarding Conference Center Authority Commissioners. Unanimously approved by voice vote. Motion-Fernekes/Second-Penna: To introduce an Ordinance amending Chapter 2.78 of the Municipal Code regarding Conference Center Authority Commissioners. Unanimously approved by voice vote. 14. Motion to Waive Reading and Introduce an Ordinance Related to Appointment Procedures for Boards and Commissions, Terms of Cultural Arts Commissioners and Compensation Paid to Commissioners Staff report presented by City Attorney Mattas. Mayor Datzman asked that action on this item be continued in order to get feedback from the Cultural Arts Commission. Council discussed various concerns regarding the Historic Preservation Commission, a letter received from the Historical Society, stipends for the Housing Authority and Cultural Arts Commission. Councilman Mullin suggested corrective language to several sections of the ordinance that was confusing, which City Attorney Mattas agreed to correct. It was agreed that Mayor Pro Tem Matsumoto would go back to the Cultural Arts Commission and discuss compensation and term limits. It was agreed that the Historic Preservation Commission Subcommittee (Fernekes/Mullin) will review its notes regarding stipends for the Housing Authority and consideration of founding member and/or Commissioner emeritus for the Historic Preservation Commission. Council agreed to reschedule this item for the June 23, 1999 regular meeting for further consideration. ITEMS FROM COUNCIL 15. Resolution Approving TCI Side Letter Agreement and Modification of Current Cable TV Franchise Agreement Performance Standards Staff report presented by Finance Director Mike Brooks. Councilman Fernekes reported that the Cable TV Subcommittee (Datzman/Fernekes) met and reviewed the terms of the settlement agreement. The agreement includes that there must be twelve successive months of compliance. He and Mayor Datzman stated their satisfaction with the agreement. Councilman Mullin asked what the $75,000 security fund is used for and Director Brooks indicated that the City draws interest on it, and it can be drawn from if there is a violation of the contract that is specified in the penalty clauses of the franchise agreement. There was also a discussion of the deferred rate increase and staff indicated that the rates South San Francisco subscribers will be charged under the new agreement will be in closer REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 8 16. alignment with other rate structures. Director Brooks informed Council that staff will be coming back to Council with a plan regarding participation in Peninsula TV, including SAMNET, in the very near future Councilman Penna, agrees with the subcommittee's work, and stated it was good for the community to have another cable company to choose from and bring quality service.. Mayor Pro Tern Matsumoto queried Ms. Nicolosia Bloom, TCI Customer Service Representative, why customers are not given an automatic credit when there is a disruption in service. Ms. Bloom stated that TCI does not have a process to allow automatic credit, TCI must be contacted and the credit must be requested. There was further discussion of TCI's poor customer service during the upgrade and not letting customers know refunds could be requested. Ms. Bloom agreed to notify customers of refunds due to interruptions in service when the coupon packets are mailed. City Manager Wilson stated the information will also be put in the City newsletter. Mr. John Mascio, 912 Linden Avenue, reported poor cable service during a two week period at his daughter's house and the problem was blamed on BART. Motion-Fernekes/Second-Penna: On the question: Councilman Fernekes stated that a component of the agreement is performance and requested staff provide Council with a monthly update. Motion continued: To approve Resolution No. 79-99, approving a letter agreement with TCI related to a grant to the City and modified performance standards. Unanimously approved by voice vote. Approve Policy for Naming Facilities and Streets Report presented by Director Nagel. Councilman Penna reported that as a member of the Naming of Facilities and Streets Subcommittee (PennaJDatzman) he supports the proposed policy. Mayor Datzman corroborated his report. In response to his question regarding Veteran's Boulevard at the former Shearwater site, staff indicated that the request has not yet been verified due to the owner being out of town. Council discussed financial gifts to the City for the benefit of a name change, the subcommittee stated that this was a concern, but requests will be carefully reviewed and scrutinized by a committee before approval. Council discussed the review of street names for proposed new developments before the approval of its subdivision map. Staff indicated that a bank of names could be developed to draw from. A majority of Councilmembers (Penna, Mullin and Fernekes) stated their interest in reviewing projects with regards to proposed street names. Staff stated that the policy will be clarified to reflect review of street names by Council through the Planning process. It was agreed that the item will be brought back to Council for review at the June 23, 1999 regular meeting. REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 9 (Agenda Item No. 17 was taken after the Consent Calendar) ITEMS FROM COUNCIL (continued) Mayor Pro Tem Matsumoto suggested that a class be given to new Boardmembers and Commissioners on parliamentary procedures and that a facilitator (Florence Rhodes) was available to give a training class. Mayor Datzman suggested the request be referred through the normal City process. GOOD AND WELFARE None. CLOSED SESSION (Cassette Tape No. 3) Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator on Public Safety Managers; Pursuant to Government Code Section 54956.9, Existing Litigation - Molieri vs. City of South San Francisco; Pursuant to Government Code Section 54956.9c, Initiation of Litigation - One Case Entered into Closed Session: 10:31 p.m. Reconvened into Open Session: 1:50 p.m. All Councilmembers were present. City Attorney Mattas announced that direction was given and no action was taken. ADJOURNMENT Motion-Mullin/Second-Fernekes: To adjourn the meeting at 1:50 a.m. Unanimously approved by voice vote. Respectfully Submitted: Approved: Sylk, i'a M. Payne, City C}6rk 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 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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 1999 PAGE 10