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HomeMy WebLinkAboutMinutes 1991-06-12 Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna ----Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room June 12, 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 12th day of June 1991, at 7:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Presentation of Police Public Safety Awards. Barbara A. Battaya, City Clerk/ City of South San Francisco Dated: June 7, 1991 AGENDA ACTION TAKEN --CALL TO ORDER: (Cassette No. 1) 7:12 p.m. Mayor Drago presiding. ROLL CALL: Council present: Council Absent: Haffey, Nicolopulos, Penna, Teglia, and Dra9o. None. Presentation of Police Public Safety Awards. Police Chief Datzman described and pre- sented the following Public Safety Awards: Oscar Martin; Daniel Lilly; Alex Troubetzkoy; and Anthony Cullen. M/S Haffey/Penna - To adjourn the meeting. Carried by unanimous voice vote. ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco Time of adjournment was 7:20 p.m. Mayor~ th 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. 6/12/91 Page I Mayor Jack Drago Council: Richard A. Haffey Gus Nicolopulos John R. Penna --Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: AGENDA REVIEW City Manager Armas Requested: - A 4/5 vote to place Item 15a. on the agenda for action on a letter to the Board of Supervisors on the No. County Booking Facility in order to stay current with the Brown Act. ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room June 12, 1991 ACTION TAKEN 7:34 p.m. Mayor Drago presiding. Council present: Council absent: Haffey, Nicolopulos, Penna, Teglia, and Drago. None. The Pledge was recited. Rev. Jon Venema, First Baptist Church, gave the invocation. AGENDA REVIEW M/S Teglia/Haffey - To add Item No. 15a. on discussion of letter to Board of Supervisors on the No. County Booking Facility. Carried by unanimous voice vote. ORAL COMMUNICATIONS Mrs. Maggi Pierson, Art Rise, spoke of the new comedy being performed, Crimes of the Heart, and children's classes in drama and art that cost $35.00 for six weeks of lessons. COMMUNITY FORUM Councilman Nicolopulos stated that he wanted to see a beautification program begin on State owned land at Airport and Grand Avenue. Mayor Drago suggested that the subject be discussed under Items from Council. 6/12/91 Page i AGENDA ACTION TAKEN --COMMUNITY FORUM COMMUNITY FORUM He stated that during earlier discussions dealing with local district elections in our City, there were some comments made and the City Manager and City Attorney were directed to report back to the Council as to whether there was any fac- tual situations which may determine a violation of the Voting Rights Act of 1965. He stated that the conclusion by our City Attorney was that there was no available data or basis on which to conclude that the City, under its present at large method of Council elections, is in violation of Section 2 of the Voting Rights Act. He stated that he would give his copy of the City Attorney opinion to the City Clerk for public perusal. CONSENT CALENDAR CONSENT CALENDAR Motion to approve the Minutes of the Regular Meeting of 5/8/91, Adjourned Regular Meeting of 5/15/91, Adjourned Regular Meeting of 5/22/91, and Regular Meeting of 5/22/91. Motion to confirm expense claims /o~ of 6/12/91. ~ Motion to waive reading and adopt an ordinance establishing general right of appeals. Approved. Approved in the amount of $1,778,796.49. e AN ORDINANCE ADDING CHAPTER 1.28 ORDINANCE NO. 1102-91 ENTITLED "APPEAL" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Motion to waive reading and adopt ~ an ordinance to change the Gateway jl~~A?~ Specific Plan Zone District to add~ provisions for expanded office/ ~,~ sales/service and research and develop uses to allow athletic clubs for Homart Development Co. AN ORDINANCE AMENDING CHAPTER 20.57 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RE GATEWAY SPECIFIC PLAN ZONE DISTRICT ORDINANCE NO. 1103-91 6/12/91 Page 2 CONSENT CALENDAR Be Resolution authorizing an agreement with Reimer & Assoc. for engineer- ing design on storm drain improve- ments. A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN REIMER ASSOCIATES AND THE CITY FOR ENGINEERING DESIGN SERVICES (STORM DRAIN IMPROVEMENTS PROJECT) e Resolution awarding a construction contract to Cornelius Construction in the amount of $117,450.00 as the lowest responsible bidder for the Public Facilities Maintenance Project. A RESOLUTION OF AWARD OF CONTRACT FOR THE PUBLIC FACILITIES MAIN- TENANCE, FIRE STATIONS AND RECREATION CENTERS 0 Resolution approving the Carter Park I Final Map and authorizing related acts by the City Clerk. A RESOLUTION APPROVING THE FINAL MAP ENTITLED CARTER PARK I CONDO- MINIUM SUBDIVISION AND AUTHORIZING RELATED ACTS Be Motion to accept Buri Buri Improve- ments as complete in accordance with the plans and specifications. e Resolution directing preparation of an annual report for the South San Francisco Landscape and Lighting Maintenance Assessment District - Pointe Grand Business Park. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT CONSENT CALENDAR RESOLUTION NO. 56-91 ° RESOLUTION NO. 57-91 RESOLUTION NO. 58-91 Removed from the Consent Calendar for discussion by Councilwoman Teglia. RESOLUTION NO. 59-91 6/12/91 Page 3 AGENDA ACTION TAKEN ..... CONSENT CALENDAR 10. Motions: 1) approve utilizing Public Agency Retirement System to provide retirement benefits to all hourly part-time employees not previously covered in the existing program; 2) and direct staff to implement the program. 0 Motion to accept Buri Buri Park Improvements as complete in accordance with the plans and specifications. ADMINISTRATIVE BUSINESS 11. Resolution amending the Agreement with the City Manager. CONSENT CALENDAR So ordered. ~O00 M/S Haffey/Penna - To approve the Consent Calendar with the exception of Item No. 8. Carried by unanimous voice vote. Councilwoman Teglia stated that commit- ments had been made to neighbors when the park was first designed because there was a major concern: in extending the parking down behind residences; as to what would take place there, and the ability to police the area. She remembered that the parking was to be open on weekends for baseball games, and she wanted assurance that it had been taken care of. City Manager Armas stated that it had been. M/S Teglia/Penna - To accept Buri Buri Improvements as complete in accordance with the plans and specifications. Councilwoman Teglia complemented staff on the appearance of the park. Vice Mayor Nicolopulos offered the following caveat for the next two years: focus on a budget attitudinal change; minimize bank withdrawals, and maximize bank deposits for the future; tighten up operational projects; freeze levels of spending in non-priority areas, etc. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Manager Armas stated that this related to an amendment to the employment agreement that the Council authorized in 6/12/91 Page 4 AGENDA ADMINISTRATIVE BUSINESS 11.' Resolution - Continued. A RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO 12. Resolutions: a) agreement with Wilsey & Ham for the E1Camino Corridor; b) agreement with Angus McDonald & Assoc. in association with Komar & Assoc. and City for E1 Camino Corridor; c) authorizing budget amendment in the amount of ACTION TAKEN ADMINISTRATIVE BUSINESS 1988 upon his arrival in S.S.F. He stated that the term of the agreement was soon to expire, and this action would allow an amendment that provides and addresses both compensation and dealt with the question of the Council's oppor- tunity to consider the appointments and or dismissals of department heads and outlined the process by which there is ample opportunity for Council's concerns to be addressed. He stated that the Administrative and Finance Subcommittee had met with him and were in agreement, and he also was in full agreement. Mayor Drago explained that since he had initiated a part of the proposal, shifting the authority dealing with department heads, this was a compromise developed between he and Councilman Haffey and with the City Manager in attendance. He stated that even though it was a compromise, it would bring the elected official back into the loop of hiring and firing of department heads without undermining the administrative responsibility of the City Manager. He proceeded to read the four sections of the agreement. Councilman Haffey stated that it was truly a compromise that met the concerns of everyone because originally they had been 180 degrees apart. M/S Haffey/Penna - To adopt the Resolution. RESOLUTION NO. 60-91 Carried by unanimous voice vote. Chief Planner delivered the staff report. M/S Teglia/Haffey - To adopt the three resolutions. 6/12/91 Page 5 AGENDA ACTION TAKEN --ADMINISTRATIVE BUSINESS 12. Resolutions - Continued. $68,414.00. 6.o~° a) A RESOLUTION AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN WILSEY & HAM AND THE CITY FOR THE EL CAMINO CORRIDOR b) A RESOLUTION AUTHORIZING AND ~a~u DIRECTING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN ANGUS MCDONALD & ASSOCIATES IN ASSOCIATION WITH KOMAR & ASSOCIATES AND THE CITY FOR THE EL CAMINO CORRIDOR c) A RESOLUTION APPROVING BUDGET ~0 AMENDMENT 90-19 TO THE 1990- 1991 OPERATING BUDGET Resolution directing automatic 5~ogQ appeal from Planning Commission determinations within the E1Camino Corridor Study Area. A RESOLUTION DIRECTING AUTOMATIC APPEAL FROM PLANNING COMMISSION DETERMINATIONS ON LAND USE WITHIN THE EL CAMINO CORRIDOR LEGISLATIVE BUSINESS 14. Motion to waive reading and adopt an ordinance establishing parking standards for residential care facilities. A REINTRODUCTION OF ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND REPEALING ORDINANCE NO. 1099-91 ADMINISTRATIVE BUSINESS Mayor Drago asked the City Attorney if it was proper to use one motion to adopt the three resolutions since there was not a negative declaration. Acting City Attorney Haile stated that because there was not a negative declaration, it would be all right to introduce them and adopt them as a blanket action. RESOLUTION NO. 61-91 RESOLUTION NO. 62-91 RESOLUTION NO. 63-91 Carried by unanimous voice vote. Chief Planner Solomon stated that the resolution implements Council direction to see all projects in the E1Camino Real corridor. M/S Teglia/Penna - To adopt the Resolution. RESOLUTION NO. 64-91 Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. M/S Haffey/Penna - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Haffey/Penna - To adopt the Ordinance. ORDINANCE NO. 1104-91 Carried by majority roll call vote, Councilwoman Teglia and Mayor Drago voted RO, 6/12/91 Page 6 AGENDA ACTION TAKEN --ITEMS FROM COUNCIL City Attorney Michael J. O'Toole 15. Comments on the local economy by Mayor Drago. 15a. Motion to direct letter to Board of Supervisors on the North County Booking Facility ITEMS FROM COUNCIL Mayor Drago introduced Michael J. O'Toole as the new City Attorney, and stated that he would begin employment on 6/17/91. Mayor Drago related the following: that two years ago Council had felt it needed to aggressively attract new businesses to our City and to retain what we have; staff had assembled a development strate- gy; City conducted confidential survey of local businesses, with 3,000 question- naires being sent out with business license renewals; 1,200 were returned; statistics were compiled on employers and employees, a firm's plans to leave the area or expand, space needs, sales tax generators; staff liaison established to assist businesses; promotional brochures put out by the City; less revenue was anticipated, etc. Councilwoman Teglia stated that the City recognized that there could be sharp downturns in sales tax, and the City had prepared for that, and this year the hotel tax was also a means to protect future sources of revenues. She spoke at length on new costs for booking fees and the collection of property taxes sanc- tioned by the State. Councilwoman Teglia related: that 3-4 weeks ago S.S.F. had joined with other No. County cities and had petitioned the Board of Supervisors to keep the local booking facility at Mission Road open for an additional two months; this would give the cities an opportunity to do a study to see if we could not put together a joint powers agreement to either be responsible for transporting of prisoners or perhaps use a portion of the existing facility to retain people to effect efficiency and cost savings and not lose that entire service; the Board had concurred; Daly City wanted to form a whole new committee even though there was a committee working on this; the committee met in Daly City for the express purpose of giving the scope of 6/12/91 Page 7 AGENDA ACTION TAKEN -ITEMS FROM COUNCIL 15a. Booking Facility - Continued. ITEMS FROM COUNCIL work to the firm of Hughes Heiss & Associates; when she arrived there was not a representative of the firm and the Daly City folks had taken it upon them- selves to not invite a representative of the firm - which she took exception to in that it was the sole purpose and was the same understanding other elected officials had in that room; they had discussed the whole issue and the alter- natives and to her knowledge the only additional alternative asked to be added to the list for study was the possibility of a quote from Supervisor Schumacher, a paddy wagon type of approach - that was added; cities were asked to identify their major concerns, and Daly City asked if there were any deal breakers; she had identified her concerns that had been brought to the Council's attention - 1) that the study would not in any way resurrect the issue of a jail for incar- cerated or sentenced people at that site; 2) that in fact if there was to be any expansion of the physical plans they would be very modest and had drawn a line of not preferring expansion and no more than 40 beds in rated capacity wherein it currently was rated at 17; 3) were very concerned that the facility not be used as a State Detox Facility to deal with convicted felons and drug problems -- these were this City's three deal breakers. She stated that another meeting was set for this morning to give the actual direc- tion with the representatives of the con- sulting firm there. She stated that the meeting did take place, and in the interim something occurred. She stated that it appeared that there was great consensus between the Cities of Daly City and Brisbane, and Supervisor Schumacher with respect to the fact that the whole issue of Class II should be revisited again; and should put absolutely no limits on the possibility of expansion of the facility. She stated that she, the 6/12/91 Page 8 AGENDA --ITEMS FROM COUNCIL 15a. Booking Facility - Continued. ACTION TAKEN ITEMS FROM COUNCIL Police Chief, and the City Manager had tried very hard to tell the No. County Cities that we did want to stand with them, but we could not participate in this study financially or any other way; in a sense we were being asked to finance construction of our own noose because they were really closing the door on us. She stated that Mr. Schumacher had raised some concerns that if in fact the booking facility closed we would lose the courts and would be a risk to the health faci- lities there. She stated that the County Manager had said, that was not a given, yet the bug was planted and the water poisoned, so S.S.F. left and we told them we were not going to be part of this. She stated that Supervisor Griffin had spoken strongly on S.S.F.'s behalf, and had said that if they were going to resurrect this Class II jail she would not go for it. She continued, Supervisor Schumacher's response was - "fine, you won't go for it, but I will." She stated that Mr. Nevin of Daly City had pushed this very hard, and the feeling expressed by their Asst. City Manager was that there may not be money there today for a jail, but in a year or two - who knows. She felt this should be pointed out to the residents of No. County because Mr. Nevin had indicated that he wants to represent part of No. County on the Board of Supervisors, and she felt that he was definitely not a friend to our community. She gave Council a copy of the scope of study presented to the Committee this morning - when it was supposed to have been faxed to the members earlier for perusual. She suggested that the list of items on page 2 be placed in a letter to the Board of Supervisors and proceeded to outline the information (the document is attached and a permanent part of the record of this meeting). She stated that funding would be needed for the booking in Redwood City and described the alter- natives in the scope. 6/12/91 Page 9 Alternatives to be evaluated: 1. The operation of short-term detent-ion and the booking facility at the existing PDF in So. San Francisco with: a. Joint transport by cit_~es to Redwood City; b. Use of Sheriff's transportation for transport to Redwood City during available hours. Use of existing city detention facilities for temporary detention and common transport by cities to Redwood City. Joint transport system from North County cities to Redwood City (without detention). RemodelLing or expansion of detention, facilities to allow in-custody prisoners to remain in North County avoiding routine transportation bet~en Redwood City and the North County courts. Variation: Use of Colma Site for expanded facilities to serve North County courts; Ce Variat_fon: Use of potential Daly City site for expanded facilities to support North County courts; Use of San Francisco woman's jail facility for detention facilities to support North County courts; Above alternatives to determine current facility capacity needs and future capacity needs (Year 2001) to provide adequate court services and support_lng detention facilities in North County. 5. Evaluate use of a port~on of current North County facilities to be converted to detoxificatiCn facility for locally arrested individuals. Ail a~ternat~ves are to be evaluated under current freeway traffic conditions and projected conditions in year 2001. JCM/rp 6/12/91 6/6/91 Pa§e 9a North County Booking Facility Cooperation. City has actively cooperated with County and cities to identify means of preserving booking functions in North County. Funding. City expressed Willingness to help fund study to examine different alternatives. Joint Power Authority. City expressed willingness to consider membership in and funding of JPA to provide viable booking capabilities in North County. Neighborhood Preservation.' Of utmost concern to the City has been the need to assure that a jail (Class II) facility for sentenced prisoners not be located in the heart of our City and adjacent to residential neighborhoods. Focus of Study Changed. As of this.date, the scope of the study has been modified to include an examination, of creating a Class II facility in South San Francisco. City Position. Council is asked to forward lette~ to Board of Supervisors expressing above points and indicating the following City position: South San Francisco will neither fund nor participate in the study. South San Francisco will not contribute funds toward operating a booking facility under the auspices of a JPA. South San Francisco supports the ultimate closure of the North County facility and is concerned that its continued presence will preserve the option of a Class II facility being located here. Effective July 1, the.Police Department will book its prisoners in Redwood City. 6/12/91 Page 9b AGENDA ~ITEMS FROM COUNCIL 15a. Booking Facility - Continued. 15b. State Property on Airport and Grand Avenue. GOOD AND WELFARE CLOSED SESSION 16. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: ACTION TAKEN ITEMS FROM COUNCIL Councilman Haffey commended the Council- woman for her diligence but noted that it had come full circle, when this City had fought very hard to prevent a jail at that site in the middle of the neigh- borhood of Sunshine Gardens. M/S Teglia/Haffey - To endorse the City's six concepts and convey them into a letter to the Board of Supervisors. Councilwoman Teglia stated that she wanted a report on the subject from the Police Chief. Carried by unanimous voice vote. Vice Mayor Nicolopulos stated that he wanted Samtrans to use a bulldozer to clear the State land so staff can plant flowers. Councilwoman Teglia stated that the State was not going to do anything, and to have it done the City would have to do it. She stated that staff could use recycled water in City trucks from the Treatment Plant as they did for the medians. Vice Mayor Nicolopulos stated that there was also the well on his property his father used to own. Consensus of Council - To pursue Vice Mayor Nicolopulos' idea. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 8:38 p.m. to discuss the items noticed. Mayor Drago recalled the meeting to order at 9:30 p.m., all Council present, no action was taken. 6/12/91 Page 10 AGENDA ACTION TAKEN Motion to adjourn the meeting to Wednesday, 6/19/91, at 7:00 p.m., in the City Council Conference Room, City Hall, for the purpose of a study session on the 1991-92 Operating Budget, and a Closed Session. ADJOURNMENT M/S Haffey/Teglia - To adjourn the meeting to 6/19/91, at 7:00 p.m., at the City Council Conference Room, City Hall, for the purpose of a study session on the 1991-92 Operating Budget, and a Closed Session. Carried by unanimous voice vote. Time of adjournment was 9:30 p.m. RESPECTFULLY SUBMITTED, ar ara A. Battaya, City C~rk City of South San Francisco APPROVED.~/~ ity of South S~n Franci sco 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. 6/12/91 Page 11