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HomeMy WebLinkAboutMinutes 1991-05-08 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna --'Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room May 8, 1991 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 8th day of May 1991, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and litigation, and further interviews of City Attorney candidates. ~taya<~ City of South San Francisco Dated: April 29, 1991 AGENDA 'CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: ---ADJOURNMENT: ACTION TAKEN 6:44 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos., Penna, Teglia, and Drago. None. Council adjourned to a Closed Session at 6:44 p.m. to discuss the items noticed. Mayor Drago recalled the meeting to order at 7:30 p.m., all Council present, no action taken. M/S Haffey/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:30 p.m 5/8/91 Page 1 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco ~Jack Drago, Mayor/~/ .'ty 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. 5/8/91 Page 2 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna ---~.oberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS Proclamation - Water Awareness Month May 1991 >roclamation - National Salvation Army Week Proclamation - Clean Air Week May 6-12, 1991 and Don't Drive Alone Day, May 9, 1991 Proclamation - Historic Preservation Week, May 12-18, 1991 AGENDA REVIEW ORAL COMMUNICATIONS ]OMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room May 8, 1991 00 29 ACTION TAKEN 7:32 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The Pledge was recited. Rev. Golden, Our Redeemer Lutheran Church, gave the invocation. PRESENTATIONS Councilman Haffey read the Proclamation aloud and presented it to Mr. Gene Gravell, California Water Co. Councilwoman Teglia read the Proclamation aloud and presented it to Mrs. Celia Bronstein. Vice Mayor Nicolopulos read the Proclamation aloud. Councilman Penna read the Proclamation aloud and presented it to Historic Preservation Commissioner Feudale who gave a current overview of historic activities; and presented a certificate to Mr. Nicols that named the State Building as a historic resource. AGENDA REVIEW City Manager Armas stated that he did not have changes to the agenda. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Mayor Drago invited the audience to watch 5/8/91 Page i AGENDA ACTION TAKEN O0" -COMMUNITY FORUM CONSENT CALENDAR Motion to approve the Minutes of the Regular Meeting of 4/10/91; and Adjourned Regular meeting of 4/17/91; Adjourned Regular of 4/24/91; Regular Meeting of 4/24/91; and Adjourned Regular Meeting of 4/26/91. Motion to confirm expense claims of 5/08/91. Motion to accept Haskins Way Shoreline Trail as complete in accordance with the plans and specifications. .4'o~° e Resolution approving plans and spe- cifications, authorize the adver- tisement of bids for the 1990-91 Street Resurfacing Program. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1990-91 STREET RESURFACING PROGRAM Be Resolution of award of contract to Gavin Brothers Painting in the amount of $8,182 as the lowest responsible bidder for Grand Avenue Pole Painting. A RESOLUTION OF AWARD OF CONTRACT FOR THE GRAND AVENUE POLE PAINTING PROJECT 4. Resolution approving plans and spe- cifications, authorize the adver- ~-o go COMMUNITY FORUM the student mock Council meeting next Wednesday on Cable TV. CONSENT CALENDAR Approved. Approved in the amount of $1,016,069.25. So ordered. Removed from the Consent Calendar for discussion by Councilman Nicolopulos. RESOLUTION NO. 44-91 M/S Teglia/Haffey - To approve the Consent Calendar with the exception of Item No. 4. Carried by unanimous voice vote. Councilman Nicolopulos stated that 4th Lane between Linden and Cypress Avenues 5/8/91 Page 2 AGENDA ACTION TAKEN 4. Resolution - Continued. tisement of bids for the 1990-91 Street Resurfacing Program. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1990-91 STREET RESURFACING PROGRAM ADMINISTRATIVE BUSINESS 6. Discussion of Bay Vision 2020. was in bad shape and wanted it considered for inclusion in the program this year if there was sufficient money, and if not in next year's program. City Manager Armas stated that it could be treated as an alternate. Consensus of Council - To include it in this year's program as an alternate, an addendum, if the funds are available to add it to the list. M/S Nicolopulos/Haffey - To adopt the Resolution with the stated condition. RESOLUTION NO. 45-91 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mayor Drago stated that he had asked the City Manager to pursue this as an agenda item because the City had been asked to take a position on this report to the City/County Association of Government Committee of San Mateo County. Councilwoman Teglia stated that the Council had been asked to take a posi- tion, but they did not have to take a' position. City Manager Armas stated that the Council had been presented material that delineates a bit about what the Bay Vision 2020 effort is all about. He then related the following: better than a year ago Bay Vision 2020 Committee was established; its charge was to examine and focus on development opportunities and managing growth over the longer term; to examine how the Bay Area could main- tain its quality of life in the face of regional growth, traffic and housing problems; that the draft of the final report contained findings and goals along with proposals for restructuring regional agencies to accomplish these goals; deve- loping a regional commission to look at 5/8/91 Page 3 AGENDA .... ~DMINISTRATIVE BUSINESS 6. Discussion - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS issues from a broader prospective; con- cern that in moving toward a regional effort, some of the authorities and the perogatives of the local government and local citizens might be sacrificed; balancing the needs of the local com- munity, as well as those of a larger perspective; common shared objectives of preservation of our natural beauty and managing growth in a reasonable manner where we have some ability to dictate how it goes; diminishing pressures of responding to needs that have taken pre- cidence over good land use planning; creating a commission with elected offi- cials and public members at large which C/CAG would be discussing this matter later this month, and Mayor Drago is the representative of this Council who will be asked to take a position; Council can endorse the efforts and take no position and support some or none at all, etc. Discussion followed: special districts; moving away from single purpose entities to multi purpose entities; dealing with those efforts that cross political boundaries; merging metropolitan Transportation Commission, Air Quality District and the Association of Bay Area Governments; Vice Mayor Nicolopulos was a strong advocate of clean air, and felt this all sprang from Brown's AB4242 that had made things helter skelter, and felt that the Council should take a position not to accept this and cited his reasons for not wanting to establish another Board; the findings were that they were trying to tie the nine counties into a single independent unit; they are trying to take clean air, clearwater, transpor- tation and put it under one board to govern because of the fact they overlap; Mayor Drago did not have a problem with the concept of regional government, but had problems with the mechanics and with the panel that will be appointing the public membe~ as to Wow it is put together; Vice Mayor Councilman Nicolopulos felt the three 5/8/91 Page 4 AGENDA ACTION TAKEN ---%DMINISTRATIVE BUSINESS 6. Discussion - Continued. ADMINISTRATIVE BUSINESS agencies were doing their job and mistakes made were being corrected; Councilman Penna had two concerns: land use and the loss of power with regards to City Councils on land use; Councilman Haffey spoke of the four major points in the report: a) State policy to reduce tax pressures and to fiscalize land use; b) consolidation of certain functions; c) preparing a regional plan in the next three years with no commitment on the local level; d) provides the regional commission the authority to permit or deny developments of regional importance during the planning period; he felt that a, b and c made major progress and opposed d) because we lose local control, and in no way did he want to see local land use given up carte blanche to some new regional commission which would be extre- mely unfortunate for the City; Councilwoman Teglia feels that local government takes care of the local interests better than some far off regional bodies; the Council had enough trouble getting County Government to con- sider us here in the north end; public at large members made her nervous because in her experience with other bodies it showed them as being very vocal lobbiest for special interests wherein the elected people represent the people; she was opposed to d) where they would dictate this City's housing goals; she felt Council should hang back, with C/CAG, and resist at all points giving up our ability to make land use decisions, etc. Mr. Charles Theiss, 2601 Donegal Ave., stated that it was time to get all of these people to sit down together and eliminate the cross number of committees and commissions that are presently in order. Mayor Drago directed the City Manager to draft a letter for him stating that at 5/8/91 Page 5 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 6. Discussion - Continued. e Discussion of district elections. ADMINISTRATIVE BUSINESS this time the City opposed it, and he he would present it at the next meeting. Mr. A1 Waters, 2266 Shannon Dr., stated that four years ago he had come before the Council and had asked about district elections, and had asked for it to be placed on the agenda on the 14th of Feb. 1987, wherein he had presented his case - and after that he had heard nothing. He stated that in four years he had done a lot of research, had talked to law pro- fessors all over the State, including Dallas. He continued, then the Watsonville case came after the Voter Rights Act in the 1960s, then an amend- ment in the 1980s that stated that minorities do not have a chance in an at large election. He asked the Council to think about it and form an advisory com- mittee with a cross section of the com- munity to study the problem. He stated that there were 15,000 people in Westborough of all races, colors, and creeds, and he represented the Westborough Concerned Citizens, and related the following: they ran a can- didate in 1973 as an experiment for the School District who had lost, then they ran a woman candidate, Patsy Hillard, for the School District who had won; in 1985 they ran Dr. Churchwell for the City Council and he had lost; he felt that people will vote and participate if they know what their candidate is about; 80% of the people in Westborough couldn't tell you who was on the Council; the Council had three choices - initiative, pass an ordinance or litigation; he did not believe in standing on a street corner collecting signatures and begging because this is a government by and for the people; people need an involvement in the electoral process; the district was not too small; Malcom X had said hypocracy -- democracy, and asked the Council to'prove him wrong. 5/8/91 Page 6 AGENDA --ADMINISTRATIVE BUSINESS 7. Discussion - Continued. ACTION TAKEN ADMINISTRATIVE BUSINESS He suggested that the City Manager and City Attorney be members of the advisory committee, as well as a cross section of the City to study district elections. Mayor Drago stated that Mr. Waters had talked before about the community of Westborough, now he was hearing minority representation -- which are two different animals. Mr. Waters pointed to different members of Council and stated which neighborhood they represented in town. Councilman Haffey stated that he repre- sented South San Francisco - the entire City. Mr. Robert Stevens, 2435 Tipperary, stated that he was personally opposed to having district elections, and felt it would be somewhat counter productive from the point of view of cohesion within the City. He felt that district elections would fractionalize us and tend to take us apart. He stated that there did not appear to be any minority rights that were violated because the last census stated that in certain towns and areas up here in north district, the whites are in minority, etc. Mr. Warren Colberg, 3770 Callan Blvd., stated that he wanted to go on record against district elections, and felt that perhaps in New York or Los Angeles, or San Francisco you could'justify district elections, but not in S.S.F. with its makeup. He felt that it would open the door to back room deals and everything else that causes problems in government. He stated that he had noticed great apathy in the Westborough area, and in a couple of other locations in the City when he had attempted to get people out to vote on something. He stated that he would challenge any contention that 5/8/91 Page 7 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 7. Discussion - Continued. ADMINISTRATIVE BUSINESS Westborough was not represented because of anything other than apathy. He stated that if the Westborough area residents were registered and voted it would be the greatest single voting block in the City and the elected people would have to be responsive to the people who vote. Mr. Charles Theiss, 2601 Donegal, stated that he was appalled that this agenda item had already been concluded in the Enterprise Journal by certain members of Council. He stated that the article had determined that Westborough was a forgot- ten entity, yet there were 14,000 people up there and would take less than 5,000 votes to elect anyone. He stated that if there was a subject that would rile people up - those people will be here. He stated that district elections would make it more disfracted, separated as we are now, but we need to join together all of our districts. Ms. Shirley Hoch stated that she was living evidence that a minority woman living in Westborough can be elected to a position in government in S.S.F. as an elected member of the Board of Trustees of the S.S.F. Unified School District. She asked the council to keep in mind that S.S.F. is a unique community in the fact that although we are near a big City we have the small town feel, and if you put in districts it would be fragmented and would lose the charm that had led her to live here. She felt that the Council represented the people well regardless of where the Councilmembers live, as long as they care about the people they are elected to serve. She stated that she never wanted to see a small group in one area fighting with a small group in another area because that is not what City government is about. 5/8/91 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Discussion - Continued. ADMINISTRATIVE BUSINESS Councilwoman Teglia stated that newspaper reporters had called some of the Council on their opinions, and she was sorry that Mr. Theiss felt the matter had been concluded in the press. She stated that she did have an opinion that she expressed and had given her reasons, but there may be some evidence that would make a difference which she looked for- ward to discussing. Councilman Penna stated that he had the opportunity to speak to some of the mem- bers for the district elections and the main reason he had received was that they feel it is a big area that needed repre- sentation - which he did not agree with that viewpoint because this is a city of 50,000 people. He continued, he did not think in terms of various sections of the City, but thought that what affects one part of the City affected the City as a whole. He stated that people in Westborough: had served on boards and commissions; Gordon Boblett served on the Council, but unfortunately was unable to serve out the term; back in the late 60s and 70s there had been a large group in Westborough that became involved in city government and had elected people they trusted, such as Mr. Boblett, etc. He stated that he had asked the Clerk to get a break down by area of election results from 1968 through 1973 when Westborough had an active political group that had been pointedly instrumental in soliciting voter turnout, as well as getting candidates elected. He did not feel that the City had anything to gain in district elections, because we don't have the diversity of San Mateo County, and felt that the Council would listen to anyone's con- cerns, and anyone could run for election. 5/8/91 Page 9 ACTION TAKEN AGENDA - tDMINISTRATIVE BUSINESS 7. Discussion - Continued. Appeal of URM designation of the~O~ building located at 409 Grand Avenue; Motion to affirm the determination and deny the appeal. Councilman Penna Left the Podium: ADMINISTRATIVE BUSINESS Vice Mayor Nicolopulos spoke of his long tenure and experience as a policeman and related an experience of searching for a child in the Westborough area, and seeing the cooperation and closeness of the com- munity in joining the search. Councilman Haffey stated that he would not support district elections, and wanted the entire community to come together and neighborhoods support one another - which would not be true if the City was divided into districts. Mayor Drago stated that there was a con- sensus of Council to not have district elections. He stated that he would like an advisory committee set up with the City Manager and City Attorney to review our existing method of voting to see if there was any question of its legality. Councilman Penna asked the Acting City Attorney if he should excuse himself from any discussion of this item. Acting City Attorney Haile responded, that would be appropriate since Councilman Penna did have clients that had URM buildings, and it would be pru- dent and well for him to excuse himself. Councilman Penna left the podium and did not take part in the discussion for vote on item No. 8. Mayor Drago opened up the semi-public hearing and asked the City Attorney to comment - dealing with this mater, and with the question of the Appelant's written communications and procedures for the Council to follow. Acting City Attorney Haile stated that this was an administrative appeal hearing, and was not technically a public hearing that was published and posted or the like. He continued, it was an appeal from Helen Price, the owner of 5/8/91 Page 10 AGENDA ACTION TAKEN ---qDMINISTRATIVE BUSINESS 8. Appeal - Continued. ADMINISTRATIVE BUSINESS 409 Grand Ave. to the City Council from a determination of the Building Appeals Board. He stated that it was really a one on one between the Appellant and the City and not technically a public hearing. He continued, however, if the Council wanted to hear from other members of the public, it could do that. He recited the procedure: to open the hearing; have a staff report; he would list items for the record which were for the Council; Elaine Costello would make an oral presentation; then a written or oral presentation from the Appellant. He stated that the Attorney for Mrs. Price has a written brief on file with the City and has chosen not to appear in person, and he did not.believe Mrs. Price was present tonight either. He stated that it was appropriate for the appellant to make an appearance either in writing or orally or both. He stated that after the appellant's position was taken it would be appropriate for a response by staff if they choose to; then a discussion by the Council; a decision by the Council, and then adopt findings. He stated that if the Council chose to affirm the appeal, it could adopt the same findings that the Appeals Board had adopted. He recited the following for the record, because there was an idle threat for some litigation and he wanted to make sure the record showed exactly what was before the Council: 1) a staff report dated 5/8/91 to the Council from Elaine Costello, Director of Economic & Community Development; 2) a stenographic transcript with 14 exhibits which has been on file with the City Clerk for you to read at your leisure, and was made known to you by his memo; 3) there are findings of fact and determination of issues before the Appeals Board dated 3/5/91; 4) notice of appeal dated 3/12/91 from Helen Price from the adverse decision of the Appeals 5/8/91 Page 11 AGENDA ACTION TAKEN · ADMINISTRATIVE BUSINESS 8. Appeal - Continued. ADMINISTRATIVE BUSINESS Board; 5) memo dated 4/30/91 from him, which was a supplemental memo to the staff report and it contained a stipula- tion and agreement between himself and ' the Attorney for Helen Price as to coming before the Council to have this appeal because there was not a provision in the Code to have an appeal to the Council on this type of a matter; 6) there was before Council the method of iden- tification of URM buildings that con- sisted of 8 pages, including diagrams and pertinent extracts from the State Seismic Safety Commission Guidebook of December 1987 which was used in making the deter- mination by the Building Official, and a floor plan sketch of 409 Grand Ave.; and finally the Appellant's written brief which consists of a letter dated 4/30/91 to the City Council from the Attorney for Mrs. Price, and he had also sent a corrective letter dated 5/1/91, and his 4/30/91 letter has a notice of appeal to the City Council; the application for an appeals hearing to the Appeals Board; an Attachment B which is a statement in lieu of personal appearance which is submitted on behalf of Helen Price, which in turn has attachment letters dated 3/25/91 to the City Clerk; a memo to the Building Official Jeff Baca from Helen Price; a letter dated 5/13/91 to Helen Price from Jeffery Baca with an attached copy of a preliminary list of URM buildings - that is the administrative record before the Council. Director of Economic & Community Development Costello stated that what the Council had before it was an appeal by a property owner of the designation of 409 Grand Ave. She stated that these buildings were made of masonry material which did not have evidence of adequate reinforcement. She stated that the buildings were built before 1946 when the City's first Building Code was established and when the first earth- quake resistance standards were set up. 5/8/91 Page 12 AGENDA ACTION TAKEN ---ADMINISTRATIVE BUSINESS 8. Appeal - Continued. ADMINISTRATIVE BUSINESS She stated that staff initially had iden- tified this building as an unreinforced masonry building back over a year ago - which had been questioned by the owner and staff had presented its rational for the designation. She proceeded to relate more background: the basis for the designation; hearing before the Appeals Board and the lack of evidence to support Mrs. Price's contention that it was not a URM building; Appeals Board upheld staff's determination that it was a potentially hazardous building through unreinforced masonry construction; requirement was to submit an engineering analysis by February 1992 to find out the severity of the problem, etc. Mayor Drago invited the Appellant to step to the dais and speak - no one appeared and he closed the hearing. M/S Haffey/Teglia - To affirm the deter- mination of the Building Appeals Board and the Building Inspection Div. that the building located at 409 Grand Ave. is a potentially hazardous building and was subject to the requirements as stipulated in Chapter 15.28 of the S.S.F. Muni. Code and using the same findings. Councilwoman Teglia questioned if there had been any new evidence presented to the City from the time the hearing had been held, the determination made, to this date. Director of Economic & Community Development stated there had not been. Vice Mayor Nicolopulos thought it was unusual that the Appellant was not pre- sent this evening. Acting City Attorney Haile stated that they had made an appearance through a written brief, and it was quite proper to make the appeal in writing. Carried by unanimous voice vote. 5/8/91 Page 13 AGENDA ACTION TAKEN ---~UBLIC HEARINGS Councilman Penna Returned to the Podium: Public Hearing - To consider General Plan Amendment GP-90-42, and Negative Declaration No. 707, pro- posed amendment to the City's General Plan and environmental determination of same to allow the addition of drive-thru windows at fast food restaurants in certain circumstances; Motion to approve Negative Declaration No. 707, and adopt Resolution. A RESOLUTION APPROVING AMENDMENT GP-90-42 TO THE GENERAL PLAN TO PROVIDE FOR DRIVE-THROUGH WINDOWS IN FAST FOOD RESTAURANTS IN CERTAIN CIRCUMSTANCES PUBLIC HEARINGS Councilman Penna returned to the podium. Chief Planner Solomon stated that staff agreed with the Planning Commission recommendation to amend the General Plan that would allow drive through windows in the Westborough planning area, Area 10, for existing fast food restaurants. He stated that a use permit would be allowed to allow any drive through windows in this area. He continued, a further unre- lated amendment was also recommended to change minor inconsistencies in policies for drive through windows. Mayor Drago opened the Public Hearing. Mrs. Diana Byers stated that she and her husband Nelson were the applicants for the proposed General Plan policy con- cerning drive through service windows. She stated that they had been the owner/operators for the last five years at Westborough and Gellert Boulevard. She proceeded to itemize the underlying needs behind the policy change request: convenience and service; residents would not have to get out of their car to purchase the food; provide comfort and warmth against the Westborough cold wind; people do not have to get dressed up; service to the handicapped and the elderly. She related background information: 12/7/90 filed an application for a Citywide General Plan Policy change to allow the addition of drive through ser- vice windows under controller circumstan- ces; 4/18/91, after holding 3 meetings by the Planning Commission and substantial discussion recommended a policy change to the Council that would clarify some ambiguous language of the General Plan, and allow the drive through window to an existing restaurant in Westborough; that the recommendation was narrower than on a Citywide basis in scope, but was accep- 5/8/91 Page 14 '"JUBLIC HEARINGS 9. Public Hearing - Continued. RECESS: Councilman Haffey Left the Meeting. PUBLIC HEARINGS table to the Applicants; they urged the Council to approve the recommendation and the wording in Policy No. 10-8. Mayor Drago stated that Ms. Ada LeBlanc of 3880 Callan Blvd., #202, had to leave the meeting, but wanted to go on record as being 100% behind the drive through window. The following people spoke in favor of the General Plan policy amendment to allow the drive through window: Connie Roedder, 3948 Crofton Way; Anne Garry, 2455 Unwin Court; Shirley Yee, 40 Seville Way; Kenneth Davis, 3815 Susan Dr.; Judy Kong, 2407 Emily Lane; Ike Riser, 2821 Berkshire, San Bruno; Robert Stevens, 2435 Tipperary; Warren Colbert, 3770 Callan Blvd.; Gerald Simotas, 2760 Tipperary; Charles Theiss, 2601 Donegal Ave.; Perry Bautista, 2437 Rowntree Way; Mary Ann Browder, 2431Unwin Court; Ken Romano, 296 Evergreen Dr., ; Charlene Edwins, 2643 Tyrone Court; Marilyn Vitalie, 2780 Merion Dr., San Bruno; Philip Bernhein, 3606 Bassett Court; Sylvia Dee, 2960 Medina Dr.; Valerie Pal, 45 Escanyo Dr.; Reno Barsotti, 240 Madison Ave., San Bruno. Mayor Drago closed the Public Hearing. M/S Haffey/Teglia - To approve Negative Declaration No. 707. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 46-91 Carried by unanimous voice vote. Mayor Drago recessed the meeting at 9:55 p.m. Councilman Haffey left the meeting at 5/8/91 Page 15 AGENDA ---~ UBLIC HEARINGS RECALL TO ORDER: 10. Public Hearing - Consideration of Proposed Statement of Objectives and Projected Use of Community Development Block Grant Funds for Fiscal Year 1991-92; conduct Public Hearing; adopt resolution. A RESOLUTION APPROVING AND AUTHOR- IZING THE SUBMITTAL OF THE STATEMENT OF OBJECTIVES AND PROJECTED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1991-92 ACTION TAKEN PUBLIC HEARINGS 9:55 p.m., and did not return. Mayor Drago recalled the meeting to order at 10:12 p.m., all Council present. Mayor Drago opened the Public Hearing. Councilwoman Teglia stated that she lived in the immediate area and had asked the Acting City Attorney if she had a conflict of interest, he had said she did not because it was only a clean up so she could participate. Director of Economic & Community Development Costello stated that the recommendation was to keep on-going programs at existing levels of funding because there would be CDBG fund cuts next year. She spoke of the funding recommendations, and stated that funding was not being recommended for projects that can not prove they help low and moderate families. Councilwoman Teglia stated that Council might want to revise this process next year so to have it be a one year only request and allow the organization to apply again the following year. Vice Mayor Nicolopulos stated that there were five new projects and he felt that projects like Project Read should not be limited to one year because of the impor- tance of the project to all age levels. Director of Economic & Community Development Costello reiterated that there would be less money next year, and the City having to look at all options. City Manager Armas commented that there were restrictions on the use of CDBG funds. Mayor Drago stated that he was bothered at his lack of input in the recommen- dations when now it was in print, and if 5/8/91 Page 16 AGENDA ACTION TAKEN --~PUBLIC HEARINGS 10. Public Hearing - Continued. PUBLIC HEARINGS he voted no, he was the bad guy. He con- tinued, in reference to Project Reach - he felt there were better programs out there and some have funding from other means. Councilwoman Teglia stated that she had problems with some programs that the City had funded on a long term bases and felt the Council should have latitude wherein next year staff just give what the organization were asking for and Council make the recommendations. Mayor Drago stated that it bothered him for staff to decide priorities. He stated that there had been one public hearing wherein Council took information, and he had been prepared tonight to discuss the allocations. City Manager Armas stated that next year he would emphasize the need for direction. Mr. Eldon Luce stated that all of the organizations were pleased with Council support, and would answer questions if needed. Mayor Drago closed the Public Hearing. Councilman Penna stated that after reviewing the initial report he had cited his concerns to the Director, and had been satisfied with the report that came back. He requested that in future Council review the recommendations and the programs. City Manager Armas stated that he could forgo any staff recommendations if the Council was concerned that they were being preempted. Mayor Drago stated that he had a problem with the new programs, their documen- tation and rational. 5/8/91 Page 17 A G E N D A A C T I 0 N T A K E N ~,~,~..~."~,]~ '--'PUBLIC HEARINGS 10. Public Hearing - Continued. ITEMS FROM COUNCIL 11. Discussion of booking fees (Councilwoman Teglia). PUBLIC HEARINGS Councilwoman Teglia suggested having a study session next year between the two public hearings. She stated that in the past when there had been less staff, Council had a better track record of where the money went. Consensus of Council - To hold a study session between the two public hearing on CDBG funds. M/S Tegtia/Penna - To adopt the Resolution. RESOLUTION NO. 47-91 Carried by unanimous voice vote. ITEMS FROM COUNCIL Councilwoman Teglia stated that the latest scuttlebutt from representatives in Sacramento was that 2557 would end in July, and if that was the case then the business of the County being able to charge for property tax collections, as well as the booking will fall away. She stated that she did not know what the County was going to do to make up for the lost revenue. She stated that tomorrow morning at 7:30 there was one more meeting in a series of meetings of elected officials in the north end of the County they are being held to try and come up with a solution to keeping the booking facility in S.S.F. open. She stated that the current plan was to close it in July and there was some indication from the County to keep it open until October to give North County more time to talk and come up with viable solutions. Mayor Drago questioned why we didn't just accept the booking fee and pass the charge on to the person being booked and not release him from jail until he had paid it. Councilman Penna stated that there was 5/8/91 Page 18 AGENDA '--iITEMS FROM COUNCIL '11. Discussion - Continued. GOOD AND WELFARE (Cassette No. 2) ACTION TAKEN ITEMS ~ROM COUNCIL another problem at the State level wherein there was a lawsuit that looks like it was being decided in favor of companies who are doing business in the State but are foreign companies, and were being taxed higher amounts than what they were actually doing business in the State. He stated that it looked like the suit was being lost by the State for a shortfall of approximately three billion dollars which will be added to the defi- cit. He stated that he would feel more comfortable if this City planned for shortfalls in the State. Councilwoman Teglia had attended a Harbor District meeting as liaison for the City and had taken a tour of their bed and breakfast facility which she encouraged the Council to visit. Councilman Penna requested the City manager investigate the three million dollars of Harbor District funds that were used for capital improvement, because there was talk of the funds being diverted to Pilar Point. Councilwoman Teglia stated that for Cable TV to be in the Marina it required a 35-40' tower. She stated that it would require a use permit and it may not be compatible with the architecture for that area. GOOD AND WELFARE Mr. Charles Theiss, 2601 Donegal, stated that his daughter was a member of the Westborough Marching Band, and he was very concerned that the Council had put a stipulation on the $1,800 donation that it be matched by the School District. He stated that the School District was in dire straights and unable to match any outside funding. Councilman Penna spoke of the City facing a $1,000,000 deficit through the booking 5/8/91 Page 19 AGENDA ACTION TAKEN -SOOD AND WELFARE --'~.LOSED SESSION .12. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. 13. Motion to adjourn the meeting to Wednesday, 5/15/91, at 7:00 p.m. City Hall, Council Chambers, 400 Grand Avenue, South San Francisco, for a study session on Capital Improvement Budget and sewer fees. ADJOURNMENT: GOOD AND WELFARE fees, property tax, and capital improve- ments. He stated that there was a per- ception in the past that the City had the resources, yet it was looking at a short- fall of $2,000,000. He suggested that the band approach some of the large firms in the City. Councilwoman Teglia stated that the only program that the City funded straight out was the Close Up Program, and encouraged fund raisers and often waived fees for the use of City buildings. She stated that in the past 13 years the School District had not matched any funds, and she felt that they had skated. Vice Mayor Nicolopulos did not feel that the band members should have been made pawns and the Council should have voted yes or no without mentioning the School District. CLOSED SESSION Council chose not to hold a Closed Session. M/S Penna/Teglia - To adjourn the meeting to 5/15/91 at 7:00 p.m. at City Hall for a study session on the Capital Improvement Budget and sewer fees; and interviews for the Personnel Board and the Historic Preservation Commission. Carried by unanimous voice vote. Time of adjournment was 11:07 p.m. 5/8/91 Page 20 AGENDA ACTION TAKEN --'RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco 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 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. 5/8/91 Page 21