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HomeMy WebLinkAboutMinutes 2009-04-08o~Tx-sANF~ MI TE S _:..~ NU o -.~~ o CITY COUNCIL ~:_ _~ -~"~"' CITY OF SOUTH SAN FRANCISCO cgLIFOR~IP REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, APRIL 8, 2009 CALL TO ORDER: 7:03 P.M. ROLL CALL: Present: Councilmen Garbarino, Gonzalez and Mullin, Vice Mayor Addiego, and Mayor Matsumoto. Absent: None. PLEDGE OF ALLEGIANCE: Led by Dr. Goldman. PRESENTATIONS • National Library Week Proclamation presented to Library Board President Cisca Hansen. Mayor Matsumoto presented a Proclamation establishing April 12tH- 18tH 2009 as National Library Week in the City of South San Francisco. Library Board President Cisca Hansen accepted the Proclamation and thanked Council for its support of the Library and its commitment to advancing literacy. • Proclamation Supporting Members of the United States Armed Forces and Adopting Echo Company, 2nd Battalion, 23rd Marines Regiment, 4th Marine Division presented to Major D'Amato. Paul Euchner, who assists the Division with family readiness related to deployment, noted that Council's support and the City's adoption of the Division would improve Marine morale. He stated he would act as a point of contact between the Division and the Mayor's Office to convey the unit's needs and provide feedback. He thanked Fire Chief White and the Council for making the adoption a reality. Major D'Amato, the Division's Peace Time War Time Support Team Officer thanked the families of Echo Company who were present in the audience. Mayor Matsumoto invited the family members to stand and be recognized as Council and the audience clapped in support. Major D' Alnato then provide? a Power Point presentation on the history of the Di~~ision and its current operations and service. Mayor Matsumoto presented the Proclamation supporting members of the United States Armed Forces and adopting Echo Coriipany of the 2"~ Battalion, 23rd Marines, ~+`~' Marine L-ivision based in San Bru::o, Caiiforria. She also read an e-mail that had been sent to Assistant to the City Manager Kennedy by a Corporal deployed out of San Bruno. The e- niaii thanked the City for its decision to adopt the Division and expressed profound gratitude for the City's supp~~rt. Council extended the Division a hearty welcome to the South San Francisco family and thanked the Division for its service to the Country. Report on the Senshu 16th International Marathon in Kishiwada, Japan and presenta±ion of gift from the i~layor of Kishiwada to Mayor Matsumoto of Soutr. San Francisco- Presented by Alyssa Speaker, runner who represented South San Francisco in the Marathon. Alyssa Speaker thanked Council and City staff for the opportunity to represent the City of South San Francisco in the Senshu 16th International Marathon, which took place in Kishiwada, Japan in February. She described the experience as an honor and to1_d of the events that made up a packed itinerary during her stay in South San Francisco's Sister City. She also provided a Power Point presentation that inchzded pictures of the events she attended, sites in Kishiwada and the Marathon. Ms. Speaker stated that she met the Mayor of Kishiwada and other City Officials and presented gifts from the City of South San Francisco, which were greatly appreciated. She then presented Mayor Matsumoto with a gift from Kishiwada's Mayor. Councilmembers thanked Ms. Speaker for being South San Francisco's ambassador in Japan. Ms. Speaker responded that she made many contacts and would stay in touch with several of the people she met while in Japan, including staff at an elementary school that expressed interest in having a writing exchange between students in Kishiwada and South San Francisco. AGENDA REVIEW No changes. PUBLIC COMMENTS None. REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 2 iTE.MS Fun~,~ COI_INCIL • Arr~ouncemer~is • Committee Reports Councilmembers reported on ~.ttendance at community meetings and events; including a Saturday spent making iriiprovements to the Paradise Valley Boys and Girls Club, a Sustainable San Mateo County Workshop that was co-sponsored by the South San Francisco Chamber of Commerce, the Skyline Coiiege Hermanos y Hermanas Program Barbecue, the Spelling Bee Challenge, the Little League Opening Day Parade and the Peninsula Council of Lions Police and Fire Awards. Council advised residents of upcoming events and meetings including a meeting between the City Council and School District Liaison Committee that would take place the following week regarding the future of the Serra Vista School site in the Winston Manor neighborhood ar_d the Volunteer Fair that would take place at the Municipal Services Building between 3:00 and 7:00 p.m. on Tuesday, April 21st. Council also commended the Library Department for the free informational programs it offered residents and the Parks and Recreation Department for its work on the Annual Easter Egg Hunt. Specific items for further action and/or consideration were set forth as follows: Cou~~cilman Mullin relayed that he had received a communication from a constituent interested in the benefits of red light cameras. Chief of Police Raffaelli advised the Department had been working on the issue of red light cameras for two (2) years. The problem for the City was that most of the hazardous intersections that would benefit from the installation of red light cameras were located on the El Camino, which was under Caltrans' jurisdiction. In addition, the cameras would need to be located in the center aisles, which were not wide enough in most locations en the El Camino in South San Francisco. The Police Department had several meetings with Caltrans and was encouraged by new technology that would allow placement of the camera at different positions around an intersection. The Department would continue to work with Caltrans on this issue. Mayor Matsumoto advised residents that the City had learned that several polling places would not be available for the May 19th Special Election. The sites included Spruce School, Alta Loma School, Ponderosa School, Los Cerritos School and Martin Elementary. Affected residents were reminded to consult their Sample Ballot to determine their polling location. Mayor Matsumoto also requested that the winners of the Spelling Bee Challenge and the City's recipients of the Peninsula Council of Lions Police and Fire Awards be invited to attend the next City Council meeting to be recognized. • Resolution No. 26-2009 in support of the Employee Free Choice Act. Mayor Matsumoto introduced the proposed Resolution supporting H.R. 800, the Employee Free Choice Act. She explained the Act, which was sponsored by Senator Edward Kennedy and Representative George Miller, had passed the House of Representatives and was pending before the Senate. The Act offered_a free choice to join others in order to barter for better wages. The Mayor sought Council's support of the Resolution. REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 3 City Attorney Mattas explained the Resolution supporting the Act and included in C~t~ncil's packet could be adopted by Motion. Vice Mayor Addiego observed the Act would allow the secret vote to be snore effecfive and help to take away the intimidation factor. Councilman Garbarino remarked he had observed impediments to union organization during his professional career. He was in avor of the Resolution. Motion -Councilman Garbarino/Second -Vice Mayor Addiego: to approve Resolution No. 26-2009. unanimously approved by voice vote. = Resonation No. 27-2009 establishing Biannual Board and Commission Interviews in December and/or January ar~d May and/or June of each year and establishing procedures for recruitment notices. Mayor Matsumoto introduced the discussion of the proposed Resolution, which would establish biannual Board and Commission interviews in December and/or January and May andior Julie of each year and procedures for recruitment notices. Councilman Gonzalez was in favor of holding interview meetings biannually. He expressed concern over appointing members seated on one Commission to another. He suggested that a Commissioner serve at least two (2) years or possibly a full term before being moved off of a Commission. Vice Mayor Addiego stated he would not want to be constrained by a rule that prohibited moving a seated Commissioner to a Board where their talent might be better utilized. Mayor Matsumoto explained the proposed interview and recruitment schedule would preempt the situation where an unscheduled vacancy, including the appointment of a seated Board or Commission member to another Commission, required an additional interview meeting outside of the proposed biannual schedule. She noted, however, that an unscheduled vacancy on the Planning Commission might be a special circumstance warranting an interview meeting outside of the biannual schedule. Councilman Garbarino observed that so long as a quorum existed, most Boards or Commissions could hold a meeting absent one member, although the Planning Commission might be an exception. City Attorney Mattas advised Council could adopt the Resolution and provide direction to staff that in the case of an unscheduled vacancy on the Planning Commission, Council could direct a special meeting for the purpose of interviews outside of the biannual time frame. City Clerk Martinelli-Larson also noted that in the event of an unscheduled vacancy on any Board or Commission, Council could declare an emergency and temporarily appoint someone to the seat outside of the interview process until the next scheduled biannual interview meeting. The position would also be added to the next biannual recruitment. REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 4 Motion -Councilman Garbarino/Second -Councilman Gonzalez: to adopt Resolution No. 27-2009 with direction that if an unscheduled vacancy on the Planning Commission occurred Council could request an earlier meeting outside of the biannual schedule for the purpose of interviewing candidates for the Commission. CONSEivTT CALENDAR Motion to approve the minutes of the meetings of Mar.,h 18, 2009 and March 25, 2009. 2. Motion to confirm the expense claims of April 8, 2009 in the amount of $1,558,001.12. 3. Resolution No. 28-2009 authorizing the City Manager to execute an Exclusive Negotiating Rights Agreement for property located at 415-417 Grand Avenue. 4. Resolution No. 29-2009 awarding a Construction Services Contract for playground equipment installation to Earth Stone Constructions at three locations: Terrabay Gymnasium and Recreation Building, Project No. ~ 1-13232-0941; Avalon Park and City Hall play area, Project No. 51-13232-0943, in the amount of $33,625. 5. Resolution rejecting a proposed amendment to the Caltrain Station Project Specifications by the Peninsula Joint Powers I3oard (JPB), and urging the JPB to complete negotiations with Union Pacific, preserve the project funding, and construct the South San Francisco Caltrain Station in a timely manner. Motion -Councilman Gonzalez/Second -Councilman Garbarino: to approve Consent Calendar Items Nos. 1-3. Unanimously approved by voice vote. Item No. 4: Superintendent of Parks and Facilities Maintenance Bates explained the proposed Resolution would permit certain playground improvements at three (3) City Parks, including the City Hall Park, Terrabay and Avalon Park. Councilman Gonzalez questioned whether all the units in the parks would be replaced. He further questioned whether worn benches at the City Hall Playground would be replaced and whether there would be signs indicating the intended age group for equipment. Superintendent Bates responded that everything at the three (3) sites would be taken down and replaced, including the surface and benches. She further advised that safety placards including intended age group information would be installed at the parks. Motion -Councilman Addiego/Second -Councilman Garbarino: to approve Resolution No. 29-2009. Unanimously approved by voice vote. Item No. 5: Director of Public Works White explained that staff had been working on the Train Station Relocation Project with the full cooperation of JPB and Caltrain. Based on JPB's communications with the City regarding their plans, staff had believed JPB was well REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 5 on its way with respect to its responsibilities related to the Station. JPB recently advised that certain issues had arisen with respect to Union Pacific Railroad ("UP") related to alignment of UP's track. The proposed design called for the pedestrian tunnel to go under the track and come up in the middle of the platform. Certain tracks needed. to be spread in order to permit this design. UP did not agree to JPB's plans and walked away from the table. Because JPB believed UP was not going to budge on the issue, it advised the City that an alternate build was possible. However, the alternate design would not include access to the platform between the tracks or the plaza. Because the City had been acquiring property and taking other steps based upon the original design and plans for the Project, staff recommended that the Council send a strong message to JPB indicating an unwillingness to accept that nothing could be done to salvage the previous design/plan. Councilman Mullin requested the monetary value of the tunnel JPB was offering. Chief Engineer Razavi responded JPB's commitment was roughly $20 - $25 million. Councilman Mullin indicated a desire to maintain the City's relationship with JPB. He further expressed concern that staff and Council were not hearing more about the underlying complications with respect to UP, and noted he would like more information about the resources needed to make the critical project for the City and the region happen. He requested staff's assurance that the City would continue to pursue the project as initially envisioned and work with JPB. He also questioned whether staff believed the $20 million commitment would still be there if other impediments were removed. Director White responded that the City and the JPB had been in negotiations for many months regarding cost sharing and construction agreements. However, the JPB had not signed the agreements. Accordingly, neither party was bound. In addition, the JPB had given the City until Apri120th to respond to its proposal to build the tunnel. However, it was not offering to connect the tunnel to a middle platform or the plaza and had not provided any plans with respect to the details of the design modification. Accordingly, staff was not recommending acceptance of the proposal. City Manager Nagel added that JPB could not guarantee the $20 million would remain available if Council rejected the proposal. Mayor Matsumoto advised she spoke with Mike Scanlon and informed him that South San Francisco had taken all steps necessary to meet its obligations with respect to the proposed Project. She questioned him as to what might be done about UP. She was told that help from Congressional leadership had been unsuccessfully tried with UP in the past. Mayor Matsumoto also opined there was no guarantee that the $20 million would be there down the road due to many upcoming transportation projects in the region. She noted JPB's deadline of April 20th fell before the next Council meeting. City Manager Nagel stated he hoped that if Council required additional information prior to taking action on the proposal, JPB could wait until Apri123rd, the day after Council's next Regular Meeting. He also noted the item could be agendized as part of a Special Meeting on April 15th REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 6 Mayor Matsumoto requested that Caltrain Chief Development Officer Ian McAvoy be invited to address Council on the subject and that the item be agendized for either one of the upcoming meetings that Mr. McAvoy was able to attend. Councilman Garbarino shared Councilman Mullin's concerns regarding the choice Council faced, which he characterized as accepting the project as presently proposed with a "tunnel to nowhere" or risking potentially losing the $20 million commitment. He supported requesting that Mr. McAvoy attend a future meeting to address Council on the subject. Vice Mayor Addiego requested an answer to Councilman Mullin's question regarding whether approval of the proposed Resolution would be construed as a provocative action. City Manager Nagel responded the answer to this question was unclear, although he believed it would not be taken as hostile. Mayor Matsumoto stated that based on correspondence and communications she had with Mr. McAvoy she also believed approval of the Resolution would not be taken as hostile. She further commented that when she spoke with Mike Scanlon at the TA meeting he mentioned that a promise had been made to Joe Fernekes when he sat on the TA Board. City Manager Nagel clarified that their initial proposal did not include the pedestrian tunnel. With then Councilman Joe Fernekes being on the Board, the City was able to make a push for an East to West access point which was ultimately incorporated in the proposal. Councilman Mullin stated he had difficulty with the concept of putting $20 million in taxpayer money into a project that might not be seen through to full completion. He agreed it would be helpful to have Mr. McAvoy address Council on the subject. City Manager Nagel stated staff would consult with Mr. McAvoy regarding his schedule and place the item on an upcoming agenda based upon his availability. Councilman Gonzalez advised he would reserve his comments for the upcoming meeting. He noted, however, that he was very concerned about losing the $20 million commitment. City Attorney Mattas stated the item could be included on one of the upcoming meeting agendas and Council did not have to take any action on the proposed Resolution then before it. Recess: 8:43 p.m. Meeting resumed: 8:52 p.m. PUBLIC HEARING 6. Resolution No. 30-2009 approving the fiscal year 2009-2010 one year action plan for the Community Development Block Grant program. Public Hearing opened: 8:53 p.m. REGULAR CITY COUNCIL MEETING Apri18, 2009 MINUTES PAGE 7 Communit;~ Developmen~ Coordinator Adams presented the Staff TZcnnrt recommending adoption of a resolution approving the fiscal year 2009-2010 one-year action plan for the Community Development Block Grant Program. She explained the City w~~?ld submit its annual plan to San Mateo County as a component of the County's Consolidated Plan by May 1, 2009. "ihe County Consortium's Consolidated Plan would be submitted to HUD by May i 5, 2009. Jacob Lyie of Shelter Networri appeared to thank Council for its continued support of its programs. He explained that Shelter Network provided housing to homeless faiiiilies and individuals and programming to bring residents back to self-sufficiency. Shelter Network's waiting list was as high as it had ever been at 150 families. Doren Martin, Development Coordinator for North Peninsula Neighborhood Services, introduced himself to Council. He thanked Council for its support of North Peninsula's programs. He stated the organization had experienced a 98% increase in requests for food assistance and a 38% increase in rental assistance. Councilman Addiego thanked her. Martin for introducing himself and noted that Mr. Martin's position at North Peninsula was funded by Genentech. Joy Dickinson, Grants and Contract Manager at CORA, thanked Council for supporting its programs that provided emergency shelter for victims of domestic violence. The funds allocated would help with needed ADA renovations to a ~4 year old shelter. She noted that over the last 18 months requests for shelter had doubled. She also invited Council to CORA's annual spring fundraiser at i~ohl Mansion. Public Hearing closed: 9:05 p.m. Councilman Gonzalez requested identification of the services offered under the City- sponsored Housing Program. Coordinator Adams responded that the Housing Program included an emergency debris box voucher program, emergency code enforcement program and low interest home repair loans offered to residents. Councilman Mullin thanked Coordinator Adams and Manager of Housing and Community Development Fragoso for their work on the CDBG Program. Mayor Matsumoto requested that Project Read be allocated an additional $1000 based upon an expected increase in program demand, the program's funding request and what had been allocated to it in previous years. After reviewing allocations to other programs in the same category, she suggested allocating $7000 to CORA and shifting the additional $1000 to the Project Read Program. She also questioned the number representing those served by Project Read. Councilman Addiego supported increasing Project Road's allocation but could not support moving the funding away from CORA. REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 8 Councilman Garbarino supported increasing Project Road's allocation by $? OOiI and suggested moving t1^ie funds fi-om the Tooth Mobile's allocation. Councilman Mullin requested staff s recommendation as to where the funds might be moved from to support increasing Project Reads allocation. Coordinator Adams first responded tc Niayer Matsumoto's question regarding the figures reflecting the number of Project Read Program participants. She noted discrepancies might reflect the fact that certain organizations provided the entire number of people in South San Francisco served by their agency as opposed to the specific number of people participating in the program for which CDBG funding was being sought. Coordinator Adams further recommended. moving the n1000 Council was seeking to add to Project Road's allocation from Tooth Mobile's allocation, since Tooth Mobile received substantial funding from other organizations. City Attorney Mattas regr~ested that Councilmembers confirm they did not respectively sit on the boards of any of the organizations that were proposed to receive funding. G~uncil~~~embers so confirmed. Motion -Councilman Garbarino/Second -Councilman Mullin: to approve Resolution No. 30-2009 with the amendment that Project Read would be allocated $6000 and Tooth Mobile would be allocated $9000. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 7. Review and direction pertaining to Newsrack Ordinance options. City Attorney Mattas presented the Staff Report recommending that Council review the possible models for a proposed Newsrack Ordinance and direct the City Attorney to prepare a draft Newsrack Ordinance based on the second option to regulate newsracks in the Downtown and El Camino areas. The basic component of the ordinance under all options included the requirement of the filing of a newsrack permit application with the Public Works Department to be reviewed by the Public Works Director. A nonrefundable permit application would accompany the filing. City Attorney Mattas summarized the difference in the three (3) model ordinance options as follows: The first option was described as the publisher-owned newsrack approach. Under this option, newspaper distributors would purchase and place their own newsracks. The City would have the ability to designate and limit the locations where the newsracks were placed so long as appropriate First Amendment access was protected. Under this option there would be less uniformity of appearance and more complicated code enforcement issues. Option two (2) called for City-owned and installed modular newsrack banks often (10) or 12. The primary component of this option enabled the City. to select the locations where newsracks would be placed. This option would also ensure the newsracks would be maintained to the City's standards and in proper working order. Option three was not recommended by staff due to its potential to incite litigation, but it involved issuing an RFP and awarding a contract to one vendor for provision, installation and maintenance of newsracks. The selected vendor would provide the newsracks free of charge to the City in exchange for REGULAR CITY COUNCIL MEETING April 8, 2009 MINUTES PAGE 9 tieing allowed to sell ?dvertising on the backs cf the ne ~vsracks. City Attorney Mattas cicsed by noting staff s recommendation was to pursue Option two (2). Councilman Garbarino questioned whether the Ordinance would cover newsracks located ai places such as Safeway and Kaiser. City Attorney Mattas ad~~~ised the newsracks could be limited on private property, but t11e focus of the proposed ordinance pertained to public property. He suggested that if regulation of newsracks on private property were to be included, restrictio,~s should be geared towards uniform appearance as opposed to prohibition. Councilman Mullin questioned whether Option two (2) permitted individual newsracks to be placed around the City through receipt of a permit. Ie further observed that 12 unit banks might lead to the situation where certain racks were left unfilled and requested flexibility with respect to the number of modular racks placed in an area. City Attorney Mattas clarified that under Option two (2) all newspapers distributed in the Downtown and El Camino Area would have to be centained in the City provided newsracks. Outside of those areas, permits for placement of individual newsracks could be obtained. Regarding the number of m~eduiar units in specific areas, City A ttorney Mattas advised flexibility could be structured into the ordinance. Vice Mayor Addiego questioned the cost of the units and whether the $3500 figure pertained to a bank of 12. He also asked whether Option two (2) proposed an annual fee for placement of newspapers in the City owned racks and whether the law with respect to the type of regulation proposed in Option two (2) had changed. City Attorney Mattas clarified the cost for 12 unit banks might be slightly higher as the $3500 cost pertained to a bank of eight (8) newsracks. The proposed annual fee for placement of newspapers in City owned racks would be allocated based upon administrative costs and/or a portion of the cost of the racks over time. Cities with similar ordinances had implemented a range of annual fees from $60 - $140. San Bruno's approach, which was similar to the approach staff was proposing, included a preliminary installation fee of $200-$300 in addition to the annual fee. Regarding the law governing the ordinance, City Attorney Mattas advised as long as the ordinance proposed a reasonable time place and manner restriction it would withstand First Amendment scrutiny. Councilman Gonzalez stated he believed 12 racks might be too many and recommended placing less than 12 racks in a given location. He further pointed out that there were many racks in front of the Smart and Final and Goodwill Stores in the Brentwood Shopping Center that could be seen from the El Camino. He questioned whether these racks could be regulated. Finally he asked whether newspaper distributors could be required to share in the cost of the racks. City Attorney Mattas responded that Option two (2) included an installation fee and annual fee that would be charged to the newspapers using the racks. Regarding newspaper racks on the El Camino, he advised staff could expand the map of regulated areas to include the entire El Camino and would look closely at areas such as Smart and Final and Goodwill in developing the final proposal. With respect to the size of the newsracks, he indicated that REGULAR CITY COUNCIL MEETING Apri1.8, ?009 MINUTES PAGE 10 staff ~voulcl conduct surveying to discern the expected n>>mber of newspapers that. might utilize the City's racks and come back to Council with a recommendation as to the number of racks it believed warranted. Councilman Gonzalez questioned whether the racks in front of the Post Office on Linden ~~,venue could be moved. City Attorney Mattas stated staff could consult with the Post Office regarding p1_acement of t'_nP racks in front of the buildir_g. Vice Mayor Addiego stated he believed the ordinance was the right direction to go in, given the unseemly nature and condition of many of the newspaper racks around town. He noted the City would be taking responsibility for maintenance of the racks, but suggested it was likely a burden the City should carry in order to preserve its appearance. He stressed the importance of access to news and questioned how use of the racks would be determined amongst tree publications. City Attorney Mattas advised staff would come back to Council with a recommended prioritization criteria that would govern in the event there were less racks available than newspapers desiring io use the space. He noted that frequency of publication ~~~as a criteria employed by many cities witri similar ordinances. Councilman Gonzalez stated he was concerned about the availability of x-rated publications in some newsracks around town. City Attorney Mattas advised the proposed draft ordinance would be limited by the First Amendment and noted that restrictions favoring one form of periodical over another might be considered as content and/or viewpoint discrimination. However, certain limits on what could be posted on newsracks and requirements as to blinders, etc. might be considered. Mayor Matsumoto noted that standardized newsracks make a large aesthetic difference. She questioned whether staff could provide information as to the types of newspapers that might be interested in utilization and their respective frequencies of publication. She further stated she would like the El Camino Real encompassed in the ordinance. The Mayor surveyed Council, which expressed a unanimous preference for pursuing Option two (2). Councilman Mullin suggested this might be an opportunity to encourage certain out of area and national newspapers to utilize newsracks in the City, suggested papers included the Wall Street Journal, New York Times, Los Angeles Times, San Jose Mercury News and others. COMMUNITY FORUM None. REGULAR CITY COUNCIL MEETING ~ April 8, 2009 MINUTES PAGE 11 r~DJOURNiV1E~?T Being no further business, Mayor Matsumoto adjourned th? meeting at 9:46 p.m. Submitted by: C_ . Krista Martl - r , .,ity Clerk City of South San Francisco Appro~~ed: Karyl atsumoto, T.~ayor City of South San Francisco REGULAR CITY COUNCIL MEETING MINUTES April 8, 2009 PAGE 12