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HomeMy WebLinkAboutMinutes 1992-10-14 Mayor John R. Penna Council: Jack Drago Joseph A. Fernekes --"Roberta Cerri Teglia Robert Yee MINUTES City Council . ~ Municipal Services Building Community Room October 14, 1992 315 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: PRESENTATIONS Commending Resolution for Helen Evans ommending Resolution for Jake Jones Commending Resolution for Aldo De Tomasi Commending Sandra and Steve Firpo Proclamation - White Cane Safety Day October 15, 1992 _A C_T !Q N TAKEN 7:50 p.m. Mayor Penna presiding. Council Present: Council Absent: Drago, Fernekes, Teglia, Yee, and Penna. None. The Pledge was recited. PRESENTATIONS Councilman Fernekes read the Resolution aloud and presented it to former Library Boardmember Helen Evans. Councilman Drago read the Resolution aloud and presented it to former Park and Recreation Com- missioner Jones. Former Parking Place Commissioner De Tomasi did not appear at the meeting. Vice Mayor Teglia read the Commendation aloud and presented it to Mr. and Mrs. Steve Firpo for their work in producing the historic preservation video. Mayor Penna read the Proclamation aloud and pre- sented it to Mr. Gene Miller. The video on historic preservation was shown by Cable TV. Historic Preservation Commissioners Feudale, Arndt, and Harks presented a plaque with a picture of S.S.F. to Mr. and Mrs. Firpo. Commissioner Feudale stated that copies of the video are available at City Hall, both Libraries, and at the Historical Society's museum for purchase. 10/14/92 Page 1 AGENDA A~TION TAKEN AGENDA REVIEW ORAL COMMUNICATIONS 10/14/92 Page 2 316 AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Mr. Peter Griffin, PG&E, stated that PG&E was presenting rebates for energy efficient programs'for new construction that upgrades building facilities. Councilman Yee asked that staff work with Mr. Griffin on two projects in progress: Orange Avenue Library, and the Corporation Yard. Mr. Griffin stated that the program was available for new construction and renovation of any commercial or industrial facility, and at this time there was only a $100 rebate for residential insulations. Mr. Gunter Ullmann, Gunter's Restaurant, related the following and pleaded for Council support: presented petitions to the City Clerk to save Gunter's Restaurant; after 30 years of being in existence, they were handed a 30 day eviction notice without any other communication given by the face- less and heartless Corporation in Southern Ca.; he pleaded on behalf of his family and workers who had been with him for many years, and his custom- ers; that the restaurant was a meeting place for seniors, regulars, as well as a meeting place to exchange views and is a second home away from home; rumor was that the coffee shop was going to be turned into an auto parts store - that was not needed in the area; that they had been very sup- portive of all local organizations; involved with the abatement program, jobs for high school students, police activities, and girl scouts; that to many the coffee shop was like a historical landmark; and requested the Council intervene with the landlord. Ms. Mary Horner-Gannells, 15 San Felipe, stated that she as a single parent had worked for Gunter's for 30 years, and knew that the coffee shop served the needs of its customers through its low priced meals and as a meeting place. She felt that the demise of Gunter's would not add to the quality of life for the seniors and the families in Buri Buri, and asked the Council to intervene. AGENDA ORAL COMMUNICATIONS 10/14/92 Page 3 ACTION TAKEN , 317 ORAL COMMUNICATIONS Mr. Dale Hughes, 510 A St., Colma, stated that he had been a customer of Gunter's for ten years and had seen a lot of seniors socializing because of the good food, reasonable prices, and friendly atmo- sphere. He stated that he worked for a nursing home, felt that enough was not being done for the aging, and this was a place they could walk to and meet with their friends. He stated that the area did not need another auto store when this was the only restaurant in the area for two or three miles, and implored the Council to intervene. Mr. Ray Fawthrop, 3623 Hillcrest Dr., Belmont, stated that he was born and raised in S.S.F., now lived in Belmont, and his 81 year old mother uses Samtrans and Gunter's is her place. He stated that if we lose Gunter's we will be doing a disservice to the seniors, as well as the employees, and asked the Council to intervene. Mr. Barry P. Molley, 112 Indio, spoke of the value of Gunter's to people of all ages in the community with its central location which fast food restaurants cannot replace, and wanted to see Gunter's continue in business. Mr. Jim Menard, 883 Sneath Lane, San Bruno, stated that he had lived in Westborough and fre- quented Gunter's and had always enjoyed its friendly atmosphere. He stated that a former Councilman had told him to go to the coffee shop on Grand Avenue which has a counter top and is not comfort- able, and one had to pay for a coffee refill, and h/id' gone back to Gunter's. He stated that he was writing a book on his adven- tures in the jungles of the Amazon while at Gunter's, because the atmosphere was very condu- cive to his efforts. He stated that the council and Planning Commission should intervene because there were clauses in the Thrifty lease that had been neglected, and he felt that the City's Attorney should look at the docu- ment. Mayor Penna stated that he was born and raised in AGENDA ACTION TAKEN ._ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 9/9/92, Regular Meeting of 9/23/92, and Adjourned Regular Meeting of 9/30/92. 2. Motion to confirm expense claims of 10/14/92. 3. Resolution authorizing training agreements with the A California Highway Patrol and the S.S.F. Police Department. 5' 03 ORAL COMMUNICATIONS S.S.F., had been a customer of Gunter's some years before, and realized the comradery in socializing every day in a coffee shop. He stated that this item came up under Oral Com- munications and the Council could not take action, but would direct staff to look and see if there is anything we can do on behalf of Gunter's. Discussion followed: that Thrifty owns the master lease and Mr. Gunter was subletting; the shopping center is owned by the Donati and Bertolucci fami- lies, and is managed by Poletti Realty; the rumor is that the lease was sold to Japanese or Koreans or Blockbusters; Gunter's lease with Thrifty ran out in 1990, and there was a verbal agreement for at least another three years; repeated requests for a written lease had been ignored; Gunter's attorney was looking at a clause in the lease that would allow another 15 years; that Gunter's attorney should work with the City Attorney after the investigation; to have the Mayor meet with whomever gave the eviction notice to Mr. Gunter and have a conference to discuss the community interest; that staff should research, and the Mayor have the conference; Vice Mayor Teglia spoke of the City going to bat for the Winston Manor neighborhood over the cemetery issue; Councilman Drago was interested in the City being able to control the intended new usage through the use permit process. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR So ordered. Councilman Drago abstained on the Minutes of the Regular Meeting of 9/23/92. Approved in the amount of $1,437,748.26. 10/14/92 Page 4 AGENDA A~TION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AU- THORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SOUTH SAN FRANCISCO AND THE STATE OF CALIFORNIA, DEPARTMENT OF PATROL Motion to accept the Municipal Services Building Skylight Project as complete in accordance with the plans and specifications. Resolution amending the Capital Improvement Pro- gram, authorizing agreement with MacKay & Somps Engineers, and calling bids for construction work for Appian Way Reconstruction. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR FINAL DESIGN AND CALL- ING BIDS FOR CONSTRUCTION WORK ON THE APPIAN WAY RECONSTRUCTION PROJECT, AND APPROVING BUDGET AMENDMENT 93-3 TO THE 1992-1993 CAPITAL IMPROVEMENT BUDGET Resolution authorizing a Fuel Efficient Traffic Signal Management Program grant application. ~O~D A RESOLUTION AUTHORIZING A FUEL EFFI- CIENT TRAFFIC SIGNAL MANAGEMENT PRO- GRAM GRANT APPLICATION Resolution approving AFSCME M.O.U. for the ~0 ~ Oo O period of 7/1/92 through 6/30/93. A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MU- NICIPAL EMPLOYEES LOCAL 1569, UNIT A, FOR THE PERIOD OF JULY 1, 1992 THROUGH JUNE 30, 1993 ._8. Motion to approve a salary step increase from B to C for the City Attorney effective 10/1/92. ~' 2. '7 2. CONSENT CALENDAR 3' 9 RESOLUTION NO. 129-92 So ordered. Removed from the Consent Calendar for discussion by Councilman Yee. RESOLUTION NO. 130-92 RESOLUTION NO. 131-92 So ordered. 10/14/92 Page 5 AGENDA A~!!Q~ !AKEN (~ONSENT CALENDAR Resolution amending, the Capital Improvement Pro- gram, authorizing agreement with MacKay & Somps Engineers;and calling bids~for construction work for Appian Way Reconstruction. ~ I z. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR FINAL DESIGN AND CALL- ING BIDS FOR CONSTRUCTION WORK ON THE APPIAN WAY RECONSTRUCTION PROJECT, AND APPROVING BUDGET AMENDMENT 93-3 TO THE 1992-1993 CAPITAL IMPROVEMENT BUDGET 320 CONSENT CALENDAR M/S Teglia/Fernekes - To approve the Consent Calendar with the exception of Item No. 5 Carried by unanimous voice vote with the exception of Item No. 1 where Councilman Drago abstained on the Minutes of the Regular Meeting of 9/23/92. Councilman Yee stated that he had pulled the item to let people know the strategy of this Project because there are people who want to see this go forward, and wanted the process to be explained. Director of Public Works Parini stated that the plan was to complete the design this winter and call for bids, and then award the contract. He stated that the Project would be coordinated with the utility compa- nies so all work would be done at the same time. Vice Mayor Teglia stated that she was under the impression that the Developer had gone bankrupt, and questioned if the City was calling in the bonds that guaranty the work. Director of Public Works Parini stated that instead of calling in the bonds, they were giving the Devel- oper the alternative to pay the City and we get the work done. Discussion followed: that the work to be done was beyond the simple road; that the performance bonds dealt with the obligation for the street, and staff was proposing using a portion to fund the roadway in advance of the Project going forward which the new lender is interested in pursuing on one of the pro- jects; that both projects have been inactive; one of the projects was foreclosed and the new lender believes they do not have responsibility for the bonds, and the City contends that they do; flight on the area because of the projects; that the City could go into Court against the Developer; that the Coun- cil had to go forward with the project and use Capi- tal reserves; City Attorney stated that the City would make a demand on the Surety Company, but meanwhile they were still talking to the Developer for a week or two and would then go into Court; the City would have an answer by the end of the month; Councilman Yee related that in his conversa- tion with the Sunrise people they had indicated 10/14/92 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution o Continued. ADMINISTRATIVE BUSINESS Resolution designating a Survey Area for the purpose of studying the area to determine if a redevelopment project is feasible. 5'~9~'~ A RESOLUTION DESIGNATING A SURVEY AREA IN THE CITY OF SOUTH SAN FRANCIS- CO PURSUANT TO HEALTH & SAFETY CODE SECTION 33310. ET SEQ. CONSENT CALENDAR that the amount the City was demanding was more than what the bond had been posted for and were balking. However, this was a City project that would go through with or without the money from the Developers; to go ahead with the project, and pursue reimbursement. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 132-92 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mayor Penna stated that he and Councilman Drago had a conflict of interest due to their real estate licenses, and Vice Mayor Teglia lives near the pro- ject, so based on the City Attorney's advice had drawn straws and Vice Mayor Teglia will sit in to effect a quorum of Council. Mayor Penna and Councilman Drago left the podi- um at 9:15 p.m., and did not take part in the dis- cussion or vote on the item. Director of Economic & Community Development Costello displayed two maps of the survey area, and stated that the purpose for adopting the survey pro- cess is to allow for the study to see if it meets the criteria that the area is blighted and suitable for redevelopment. She described in detail the sequence: Council designates a survey area, and is not precluded from expanding the area at a later date before adopting the survey area; Council adopts the survey area to be studied, and is not precluded from expanding the area at a later date; Planning Commission will select a project area and adopt the preliminary plan and submit it to the Redevelopment Agency; Coun- cil and the Commission review the Draft EIR and Draft Redevelopment Plan; Commission submits a written report and recommendation, and can hold a public hearing on the Redevelopment Plan; joint public hearing with the Redevelopment Agency on the proposed final redevelopment plan; Council adopts an ordinance approving the redevelopment plan; time element involved; areas impacted by 10/14/92 Page 7 AGENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS Resolution - Continued. RECESS: RECALL TO ORDER: 322. ADMINISTRATIVE BUSINESS the SP lines; had tried to exclude every residential property; properties included; that Subcommittee members Yee, Fernekes, Windier, and DeZordo had looked at the document on 10/6/92 and approved the area with a strong interest in development before it was brought back for adoption as a project area for the economic issues; an additional meeting would be held with the Subcommittee to go over the con- cerns; it will go to the Commission 11/5/92, and will come back to the Council in November; that the key area is the section between Mission Road and El Camino; boundaries involved. Vice Mayor Teglia stated that she wanted to enlarge the area to extend it a finger up Hickey Blvd. to Junipero Serra, which was an entrance to the City. Discussion followed: the Avalon School was closed and later there would be development, and Vice Mayor Teglia felt it should be overlayed and in- cluded, as well as the slope with the water line; that there were serious restraints on construction, so that the benefit of the redevelopment project area is nonexistent; that the primary objective was to un- derground BART, and pledge the redevelopment funds to the purpose rather than producing benefits for the area; that S.F. Water would allow the City to plant the area; that the area could be expanded in the next step of the process if the Council chose; that the Vice Mayor was talking about the areas traveling down Romney in the direction of the schools so one could see where the triangle ends; a redevelopment area was in effect for 25 years; that the El Rancho site was surrounded by single family dwellings; to study the map during the recess. Vice Mayor Teglia declared a recess at 9:40 p.m. Vice Mayor Teglia recalled the meeting to order at 9:50 p.m., all Council was present. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 133-92 Carried by unanimous voice vote. 10/14/92 Page 8 AGENDA A~TIO~ TAKEN ..__Mayor Penna and Councilman Drago returned to the odium. · rEMS FROM COUNCIL 16. Resolution in support of Proposition 162 - the Cali- fornia Pension Protection Act of 1992. ,~'l ~'~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO EX- PRESSING ITS SUPPORT FOR PROPOSITION 162 ADMINISTRATIVE BUSINESS 10. Resolution amending the Operating Budget due to the State budget. ,5-1 2.0 A RESOLUTION APPROVING BUDGET AMENDMENT 93-1 TO THE 1992-1993 OPER- ATING BUDGET 323 Mayor Penna and Councilman Drago returned to the podium at 9:51 p.m. ITEMS FROM COUNCIL Mayor Penna stated that Item No. 16 would be heard next. Mr. Al Seuert, 224 Northwood, spoke in favor of Proposition No. 162: the Proposition would pro- hibit State or local government to divert pension funds or stacking the Board with political appoint- ees; it places safeguards against the funds being used elsewhere; three times in the last year the Governor has tried to take from the fund which was successful twice, and the last time is being contested in Supreme Court; there are 750,000 members in the PERS system; that the average pension was $800.00 a month of which most were unable to go into Social Security; the State wants to take the money to balance the budget; and urged a yes vote on Proposition 162. M/S Fernekes/Teglia - To adopt the Resolution. RESOLUTION NO. 134-92 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Manager Armas explained the effects on S.S.F. from the State budget cuts that amounted to a re- duction of $638,000 in revenue to the General Fund, and $378,000 to the Redevelopment Agency with final figures to be calculated by the County Control- ler. He stated that this was composed of reductions in property tax revenue that went to the State to satisfy their obligations. He stated that there was information in the staff report on the year just ended, and on the continued effects of the recession. He spoke of the reductions outlined in his report, and on a longer term basis, having each Department look at its services and whether they were required under State or Federal law, and if they were local the Council had discretion in continuing those ser- vices. He stated that he proposed that the analysis would be completed by mid-year when he came 10/14/92 Page 9 AGENDA ACTION TAKEN , 32,4 __ADMINISTRATIVE BUSINESS 0. Resolution - Continued. 10/14/92 Page 10 ADMINISTRATIVE BUSINESS back wi~the budge. He spoke of the $600,000 reduction outlined in the report to alleviate the State cuts. Vice Mayor Teglia questioned the $10,000 reduction in the Attorney's Office because of the reassignment of the clerical position, and whether it was part-time and being looked at for elimination. City Attorney O'Toole stated that the salary was $40,000 which included benefits, and the Secretary had been assigned to the Conference Center for a budget reduction for a quarter of the year and those funds came from Measure C. He stated that there could be further savings if the Secretary did not come back in three months because she was cur- rently working full time at the Conference Center, and fills in on emergencies and vacation in his of- rice. City Manager Armas stated that they were looking at all positions, but this position while housed in the Attorney's office had been providing help to person- nel and labor relations. Vice Mayor Teglia stated that she had concerns about postponing the mid-management training program because it had been established because it was a weakness in the entire management operation with liability associated with that; and this was to hold it accountable to being good mid-management, and this was a step backwards. City Manager Armas stated that the sum was $8,000 and was to be done in concert with other communi- ties to spread the cost, however, the other communi- ties were experiencing their own financial problems, and to do it alone was not financially prudent. He stated that the front line training was continuing, which had been intended to provide additional train- ing. Vice Mayor Teglia expressed concern about reduc- ing the advertising budget because in these economic times it was important to advertise the City, and felt saving $1,300 would make the City pay more in the long run. She questioned delaying hiring a senior typist clerk for six months to save $5,700, and AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS ~). Resolution - Continued. 10/14/92 Page 11 ADMINISTRATIVE BUSINESS the work is getting done even though the Planning Division is a sweat shop. She questioned eliminat- ing historic grants when a video had just been pro- duced. Director of Economic & Community Development Costello stated that the Council had already reduced the funds from $20,000 to $10,000, but there are $17,000 in funds left over from the previous year they can use. Vice Mayor Teglia questioned the $25,500 in the Fire Dept. for reduced maintenance costs for equip- ment. City Manager Armas stated the Fire Dept. had looked at the maintenance cost. Vice Mayor Teglia expressed concern: with Parks & Recreation reductions in building maintenance of $30,000 due to property insurance for this year; reducing; reducing materials and services when this had been going on for three years, and soon they will run out of supplies; eliminating child care at Orange Parka for $3,800; scaling back on the se- nior vehicles. City Manager Armas responded: that as part of the pool insurance experience this City was experiencing a very good year; yes, they would have to be re- plenishing materials and services at some point; etc. Director of Parks, Recreation & Community Ser- vices Nagel responded: that they were scaling down, especially in the summer programs in field trips and luxury items; were looking at actualities on the senior vehicles; enrollment was slow for Orange Park child care and it was eliminated, but had offered to pickup the six youths and transport them to needed areas; previous help in registrations and in summer rental will now be taken on by Su- pervisors. Vice Mayor Teglia felt that the Public Works Dept. reducing the street resurfacing program by $40,000 would make the bad streets worse and worse. Director of Public Services Parini stated that it only means that a street waits a year before getting fixed. AGENDA _A~TION TAKEN,. 3~ ADMINISTRATIVE BUSINESS 0. Resolution - Continued. 10/14/92 Page 12 ADMINISTRATIVE BUSINESS Councilman Yee stated that money for the resurfac- ing project comes from Gas Tax funds, so if you re- duce this project you are not fulfilling the obligation of those funds that are meant to be used for streets. He stated that he was concerned with eliminating the $100,000 reserve for Colma Creek dredging which is very important. He stated that staff was trying to use the reserve to handle the budget cut, and felt they should go back and look at the total budget for Public Works. He stated that an annual report must be made to the State to show how much Gas Tax funds have been used on streets. He stated that the Council was not looking at the General Fund for this department - nor should General Funds be used for streets. City Manager Armas stated that Gas Tax Funds are insufficient to meet the needs. Councilman Drago questioned: since when are department funds carried over from one year to the next rather than going into the General Fund; sav- ing money from the person in the Conference Cen- ter, but because they have benefits we are charging the Enterprise Fund more and they should hire their own employees - say, at the next meeting they could hire their own employees. Director of Finance Margolis stated that the Historic Preservation Budget Resolution says that unexpended funds can be carried over. City Attorney O'Toole stated that the Center was going to hire by December 1st, and if it is his per- son, then his position is vacant and they have saved $10,000 already. Councilman Drago expressed concern in moving money around - robbing Peter to pay Paul when the 1992-93 budget has a $1.2 million deficit. He questioned if the PERS rebate was included in the reserves. City Manager Armas stated that it was not, and Council had committed some PERS funds to the URM retrofitting. Councilman Drago stated that it was obvious that AGENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS ~). Resolution - Continued. 10/14/92 Page 13 3Z7 ADMINISTRATIVE BUSINESS staff and Council did not have the same priorities such as: child care in Orange Park; $100,000 for Colma Creek dredging when - if it rains and the banks cave in from flooding - there will be great problems; when the Manager would not touch his own staff that comes up to 1/4 of a million dollars - that has to be looked at; these were the same 3 % reductions introduced earlier and turned down in August; and he was not prepared to vote on this tonight. Vice Mayor Teglia stated that they could eliminate the Attorney's Secretary and save $40,000. and didn't think you should look at management but at across the board cuts, rather than look at a particular department when they all provide some service. She stated she wanted to remind Councilman Drago that it was Council that told the Manager to hire an assistant and an assistant to the City Manager - which was not what he wanted to do. Councilman Drago stated he remembered that the Labor Coordinator -- the duties of that job were to be the duties of the Assistant City Manager and that was one of the recommendations he would like to make sooner or later that someone would accept. He stated that he saw that position as unneeded, had not seen the position used for a year, and didn't see it being used for another six months - and we hold a position on the books valued at maybe $80,000.- $90,000, and yet we are going to close down a child care center at Orange Park. He stated that when you cut budgets it was not done by cutting clerk typists or janitors, and he wanted to keep those positions and find out how many jobs we are going to keep vacant when we can hire 2 or 3 persons for the price of one. City Manager Armas stated that he wanted to iden- tify Council choices even if it sacrifices manage- ment, and he would identify and show the rami- fications. Councilman Drago commented that perhaps the people causing the problems are the ones looking for the solutions, and we have positions open in the City that can be done better by another staff member. AGENDA ACTION TAKEN 32_8 ADMINISTRATIVE BUSINESS 0. Resolution - Continued. I 1. Motion to approve request from S.S.F. Sister City Committee to change the name of Hillside Blvd. ~5-t~'~ Extension to Sister City Blvd. 12. Motion to approve proposed fee waiver guidelines and policies, and authorize the Director of Parks, Recreation & Community Services to approve or deny future fee waiver requests. ADMINISTRATAIVE BUSINESS Councilman Yee felt that eliminating the contingency for Colma Creek was shallow thinking - by saying I don't think we are going to need the money, but if we do, give it to me later. He stated that in the first budget meeting he had suggested another budget level cut, and yet staff had still not presented one, and suggested deferring this item. Mayor Penna stated that it sounded like Council wanted to take this under submission. Councilman Fernekes stated concern with the re- duction of $40,000 in resurfacing, when we had approved Appian Way as a nuisance abatement. Discussion followed: that the street name should be Sister Cities Blvd.; that there are no addresses along this road, and they should look at the begin- ning of the Y and go to Airport Blvd., etc. M/S Yee/Fernekes - To change the name to Sister Cities Blvd. Carried by unanimous voice vote. Director of Parks, Recreation & Community Ser- vices Nagel explained that at the regular meeting of 9/23/92 Councilman Yee had suggested that fee waivers be handled by the department in the future rather than by Council, and this item responded to that request. He proceeded to describe the policies and procedures for fee waivers that he would be employing. Discussion followed: on Item No. 5 Councilman Drago would prefer that it read, any necessitated overtime would be paid by the people and not waived; on Item No. 4 Councilman Yee suggested not saving fees depending on a per capita basis - based on a greater or lesser number of people where more paper towels, toilet paper and such are needed - to charge $20.00 or whatever to cover the cost; to look at actual cost when considering the waiving of fees; waiving fees only by 50%. Consensus of Council - To send the item to the Park & Recreation Commission for their input. 10/14/92 Page 14 329 ADMINISTRATIVE BUSINESS Resolution establishing sister city relationship with Kishiwada, Japan and authorizing the Mayor to sign related documents. A RESOLUTION ESTABLISHING SISTER CITY RELATIONSHIP WITH KISHIWADA, JAPAN, AND AUTHORIZING THE MAYOR TO SIGN RELATED DOCUMENTS LEGISLATIVE BUSINESS 14. Motion to waive reading and introduce an ordinance on Graffiti. .6-/~ AN ORDINANCE AMENDING CHAPTER 10.48 ENTITLED "GRAFFITI" AND REPEALING SEC- TIONS 10.48.070 AND 10.48.080 ADINISTRATIVE BUSINESS City Manager Armas stated that this dealt with the formalization of a sister city relationship with Kishiwada, Japan through the signing of formal documents by Mayor Penna in Kishiwada on Octo- ber 30th to coincide with the 70th anniversary of that City's formation. Vice Mayor Teglia stated that she appreciated the exceptional nature taking place, however, when we did the other Sister Cities it was a policy of all the Councils that preceded us that elected officials were responsible for their own expenses. She felt that this may be an exception, but she needed to know that the policy has not changed and others traveling will do so at their own expense. City Manager Armas stated that language will be written for the Council Handbook for such a policy. He stated that he will pay his own expenses, and charge it to vacation. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 135-92 Carried by unanimous voice vote. Vice Mayor Teglia stated that there was a $3,000 cap, and she wanted documentation of reasonable expenses by the Mayor. LEGISLATIVE BUSINESS Police Captain Raffaelli explained that the present ordinance was cumbersome and time consuming to administer due to locating the property owner and obtaining permission to remove the graffiti. He stated that the new ordinance would allow the city to eliminate gang graffiti in one week because it is well known that gang graffiti not only produces visual blight, but it creates an atmosphere of fear and violence as a result of the gang activities that arise from it. 10/14/92 Page 15 AGENDA AC!!Q~ !AKEN 330 LEGISLATIVE BUSINESS 4. Motion - Continued. PUBLIC HEARINGS 15. Public Hearing - Intention to make changes and modi- fications with respect to Gateway Assessment District No. ST-82-2; Public Hearing opened on 9/9/92 and continued. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ORDER- ING CHANGES AND MODIFICATIONS WITH RESPECT TO GATEWAY ASSESSMENT DIS- TRICT NO. ST-82-2 ITEMS FROM COUNCIL 16. Resolution in support of Proposition 162 - the Cali- fornia Pension Protection Act of 1992. LEGISLATIVE BUSINESS Discussion followed: concern over not contacting the property owner before removing graffiti; prob- lems with this in other agencies have been minimal; that the policy should be the same for public and private; want a shorter time period which could even be 24 hours; could put a flyer on a door that says if it is not taken care of in five days the City will do it; could redraft ordinance and cut down days with notification to property owner; the need is based on emergency gang problems and additional crime; need to remove immediately and notify all property owners of removal; attempt to notify property owners before removing graff~ti; staff to redraft ordinance and come back with a minimum amount of notice. PUBLIC HEARINGS City Manager Armas stated that the Public Hearing was published in the newspaper as required by law, property owners were notified, had heard from Rouss Assoc. on the improvements, and recom- mended that the resolution be adopted. Mayor Penna closed the Public Hearing. M/S Teglia/Yee - To adopt the Resolution. RESOLUTION NO. 136-92 Carried by unanimous voice vote. ITEMS FROM COUNCIL Handled earlier in the agenda. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO EX- PRESSING ITS SUPPORT FOR PROPOSITION 162 17. Oral Committee Reports Mayor Penna asked what the City's position was to be for the vote on the C/CAG Ad Hoc Committee's agreement, because there was a disagreement on traffic, and felt that this City's needs had to be addressed. 10/14/92 Page 16 A_GENDA AC__T!_.ON TAKEN ITEMS FROM COUNCIL 7. Oral Committee Reports - Continued. 18. Appointments to Boards and Commissions (Person- Pc)po riel Board, Parks & Recreation Commission, and .5-00 tv Historic Preservation Commission). ITEMS FROM COUNCIL Discussion followed: to control the shoreline departure; should have computerized map because 80% of flights use shore line departure improperly; Airport developed CNEL equivalency for single events; Airport will be responsible for contributing $120 million for insulation; agreement addresses noise insulation, congestion management plan, and traffic mitigation; etc. Councilman Yee wanted staff to prepare a report on he and Councilman Drago's status on PERS. He stated that he wanted to put his portion into deferred comp., and the sooner it was enacted, the sooner it will take place. He stated that staff kept postponing it, and was not solving the problem. He stated that he had asked for it at the last meeting, which the Assistant City Manager attended, and questioned why she did not follow through with the City Man- ager. Mayor Penna stated that he had received a letter from Historic Preservation Commissioner Feudale in reference to a plaque on the windchimes, and asking the City to purchase the property from CC&F. City Manager Armas stated that the Company has decided not to pay their back taxes and not satisfy any obligations. Councilman Yee stated that the property was owned by CC&F and there had been an effort to put in flood lights with the money donated for the work. He suggested that staff determine the cost to buy the property and revamp the monument. M/S Teglia/Fernekes - To appoint all those eligible for a second term: Personnel Board - Reappointed Carlo A. Giusti, and Jay Murray; Parks & Recre- ation Commission - Larry Caporale, and Albert J. Dimminger. Carried by unanimous voice vote. By written vote the following people were appoint- ed: Personnel Board - Frank D'Alessandro; His- toric Preservation Commission - Louis Bartell, Arturo Senates, William Zemke, and Robert Mowat; Parks and Recreation Commission - appointed Cynthia Fitzgibbon, and Lenny Patane. 10/14/92 Page 17 AGENDA A~TION TAKEN 332 GOOD AND WELFARE CLOSED SESSION 19. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER; 20. Motion to adjourn the meeting to Wednesday, 10/21/92, 7:00 p.m. City Council Conference Room, City Hall, 400 Grand Avenue, for the purpose of interviews of applicants for the Planning Commission, and a Closed Session pursuant to Government Code. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 12:25 a.m. to discuss litigation in the case of Marquillan vs. City, Case//356889, pursuant to GC 54956.9(a). Mayor Penna recalled the meeting to order at 12:27 a.m., all Council present, no action was taken. M/S Teglia/Fernekes - To adjourn the meeting to Wednesday, 10/21/92, at 7:00 p.m. as requested. Carried by unanimous voice vote. ADJOURNMENT Time of adjournment was 12:28 a.m. ,_KESPECTFULLY SUBMITTED, Barbara A. Battaya, City of South San Francisco APPROVED. Ci~ of Soutl~an Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 10/14/92 Page 18