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HomeMy WebLinkAboutMinutes 1994-04-13 Mayor Joseph A. Fernekes Council: Jack Drago " John R. Penna Roberta Cerri Teglia Robert Yee M!NU!ES City Council City Council Conference Room City Hall April 13, 1994 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APRIL 13, 1994 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 Spe~:ial Meeting on Wednesday, the 13th day of April 1994, at 5:00 p.m., in the City Council Conference Room, City I~!1, 400 Grand Avenue, So. San Francisco, California. Purpose of the meeting: 1. Closed Session for the evaluation of City Manager pursuant to Government Code 54957. RECESS: RECONVENE: 6:45 p.m. Municipal Services Building, 33 Arroyo Drive 2. Review of revisions to State's Open Meetings Act, as outlined by the City Attorney's Office. Dated: April 7, 1994 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) City Clerk City of South San Francisco Closed Session for the evalulation of City Manager pursuant to Government Code 54957. ACI!QN TAKEN 6:47 p.m. Mayor Fernekes presiding. Council Present: Drago, Teglia, Yee and Fernekes. Council Absent: Penna. Mayor Fernekes stated the Council did not hold the 5:00 p.m. session and the evaluation of the City Manager has been rescheduled. 4/13/94 Page 1 AGENDA ACTION TAKEN 241 Review of revisions to State's Open Meetings Act, as outlined by the City Attorney's Office. Interim City Attorney Nave stated he had asked a partner in his firm to give the Council recent amendments to the Brown Act. He stated that Mike Riback, Esq. will hand out two documents, those effective 4/1/94 and those signed by the Governor a week ago. Mike Riback, Esq. stated that the Brown Act had been mended this year, with substantial changes that went into effect 4/1/94 and so-called clean-up legislation went into effect 3/31/94. He stated the clean-up lelgislation was rushed through the legisla- ture and signed by the Governor on 3/31/94. He stated it was supposed to simply clean up some discrepancies between the three Brown Act Bills, however, First Amendment Coalition representatives took the opportunity to use the clean-up legislation to negotiate some new and substantive changes from the prior amendments. He stated that violation of the Brown Act carries with it criminal penalties and violation is a misde- meanor. He stated the standards for violating the Brown Act used to simply be knowledge of the fact that you were violating the Brown Act and it was a misdemeanor. He stated that had been changed to a wrongful intent standard, wherein if you violate the Brown Act with wrongful intent to deprive people from information they were intitled to - it's a misde- meanor. He gave highlights of the amendments to the Brown Act: standing committees having continuing subject matter jurisdiction or a fixed meeting schedule are subject to the Brown Act; has to meet in open ses- sion; prepare and post agendas; have public com- ment and take minutes; if the standing committee is of short duration (less than a year) and does not have regular meetings - it is not subject to the Brown Act and is considered an ad hoc committee. Discussion followed: disbanding Council Subcom- mittees and forming them when there is a need for a short duration; the Colma Creek Advisory Com- mittee was not appointed by the Council and is composed of planners and engineers who talk about potential improvements; these amendments were a result of Senator Kopp's Bill, that wanted meetings opened up to the public; the intent of the Bill was to correct improprieties of the S.F. Board of Supervisors; employees and the City Manager are 4/13/94 Page 2 A G_E._N D A ACTION TAKEN ?_42_ 2. Review of revisions to State's Open Meetings Act, as outlined by the City Attorney's Office - Continued. not covered under the Brown Act, unless appointed by the Council or the Planning Commission on a Committee; this applies to elected and appointed officials and not to staff meetings with other staff; Councilman Drago believed the former City Man- ager had violated the Brown Act by finding out where the majority of Council stood on issues. Mike Riback, Esq. continued his update: a seriatim meeting or a daisy chain meeting is a violation of the Brown Act - Councilmember A calls B, discuss- es an item on the agenda, asks what he thinks about it or says, if we change this, would you go for it and they arrive at a collective concurrence; if one of those Councilmembers calls a third, then you have a majority - he says, I have talked to Coun- cilman A and I want to know how you stand on this, that is a meeting; that is also the case if a member of the public, the City Manager, an appli- cant or a reporter contacts every Couneilmember and says, "Gee, what do you think about this - and I have a deadline and I want to wite something, what do you think about it" and has contacted a majority of the Council to see how they feel; he suggested the Councilmember ask if the inquirer has talked to any other Councilmembers, in order not be in violation; only elected or appointed officials can be in viola- tion of the Brown Act; a Couneilmember should avoid rendering any opinion when contacted by any individual to avoid violation; the Councilmember could ask if the individual intends to talk to any other Councilmember; if a husband and wife are elected, they may talk to one another, however, if they talk to another Councilmember they are in violation; what is not a meeting is if a Council- member talks with a citizen and answers their ques- tions without prejudging any item that will come before him or her - which is not a problem at all; two Councilmembers talking among themselves is not a problem until a third is involved; if the con- versation is taken to a third Councilmember for a a collective concurrence - then they are in violation; etc. He continued: the Brown Act is now clarified that purely social affairs can be attended by a majority and are not meetings, so long as that majority does not discuss items before the Council. This also pertains to a majority of the Council attending the League of Calif. Cities or a workshop put on by the Chamber, however the majority cannot get together 4/13/94 Page 3 ~ENDA A~TION TAKEN 243 o Review of revisions to State's Open Meetings Act, as outlined by the City Attorney's Office - Continued. and talk abaout what is coming up at the next meet- ing; they could attend formal events and social occasions without violating the Brown Act as long as they don't get in a corner and talk business that is not part of the business meeting they are attending; these restrictions also apply to a newly elected Councilmember * even before he is seated; the City Manager can provide the Councilmembers with information; the question is whether or not the City Manager is attempting to obtain a collective concur- rence from the Council; the problem is when the City Manager gives a Councilmember a call and asks him to tell him where he stands on an issue; that would also apply if a Councilmember asked the City Manager to call another Councilmember and see how he stands on an issue; the Council can not act by secret ballot when selecting Commissioners and the vote must be taken in public, with proof of who voted for whom; prior to the amendments, an individual could not comment on issues at special meetings and study sessions - that has changed with the clean-up legislation now, at any and all meet- ings, the public must be given the chance to speak, however, the Council could limit their time to speak; etc. He stated that closed sessions have to be announced before the Council goes into those closed sessions and the purpose of each discussion to take place has to be noticed on the agenda. He continued, when the Council comes out of the closed session, and has taken action, then that must be announced. He stated the Brown Act clearly states what the Council can and cannot discuss at a meeting - you can only discuss the items on the agenda - with this exception: if a member of the public talks about a matter not on the agenda, you can ask questions, make brief comments, direct staff to look into the matter and place it on a future agenda. He stated there were always informal ways that an individual Councilmember may make a comment - positive or negative, or, if it is an item that came up after the agenda was posted, you can vote to place it on the agenda and deal with it. He stated the amendment allow Councilmembers to make individual reports on issues communicated to them by citizens on anything - that is okay and not a violation of the Brown Act, but there cannot be discussion by the rest of the Council until it is 4/13/94 Page 4 ~ENDA ACTION TAKEN Review of revisions to State's Open Meetings Act, as outlined by the City Attorney's Office - Continued. ADJOURNMENT: agendized. He stated the changes include the ability to discuss funding and budget priorities in closed session, but only in so far as it relates to providing instruction to the labor negotiator. Councilwoman Teglia felt that the Attorney should give this same presentation to all Boards and Com- missions of the City, as well as all Department Heads. Attorney Riback felt that was a good idea, because all Commissioners were exposed to the same liabili- ty as the Council and not as used to dealing with the Brown Act as the Council. M/S Teglia/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:36 p.m. ESPECTFULLY SUBMITrED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Jose:~ A. F~nekes, M/tyor City/al South San 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. 4/13/94 Page 5 Mayor Joseph A. Fernekes Council: Jack Drago John R. Perma Roberta Cerri Teglia Robert Yee M!NUIE_S o City Council Municipal Services Building Community Room April 13, 1994 CALL TO ORDER: ROLL CALL: AG_E_NDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Proclamation - Earthquake Preparedness April 1994 3ENDA REVIEW REPORT OF THE CITY MANAGER ACI!ON TAKEN 7:42 p.m. Mayor Fernekes presiding. Council Present: Drago, Teglia, Yee and Fernekes. Council Absent: Penna. The Pledge was recited. Rev. Lynn Bowdish, St. Elizabeth's Church, gave the invocation. PRESENTATIONS Mayor Fernekes read the Proclamation aloud and presented it to Fire Chief Stark. AGENDA REVIEW City Manager Wohlenberg stated there were no changes to the Agenda, however, there would be a Closed Session on 4/20/94 for labor negotiations. He proceeded to introduce the Interim Director of Economic & Community Development Bob Byer who will be here for a limited period of time to help us look at coordinating efforts in the planning and economic and community development arena. He stated Mr. Byer has an extensive background in local government, has been working as a private consultant for the last two or three years and has served as Deputy City Manager in San Jose, City Manager in San Rafael and Saratoga; etc. REPORT OF THE CITY MANAGER City Manager Wohlenberg gave updates on the following: to date we received 3/4 of the reim- bursement money from the Airport on the East of 101 study - totalling $375,000, and are expecting the last payment, of $125,000, to be paid shortly; this will be augmented by $50,000 to finish the 4/13/94 Page 1 A~ENDA REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS COMMUNITY FORUM ~ouncilman Penna Arrived at the Podium: CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 3/9/94, Regular Meeting of 3/9/94 and Special Meet- ing of 3/15/94. 2. Motion to confirm expense claims of 4/13/94. Resolution authorizing agreement with Menlo Park Fire Protection District, a Federal Emergency Man- agement Agency Urban Search and Rescue Task Force sponsoring agency, allowing the City's partici- . pation in Urban Search and Rescue activities. 3"oq3 A RESOLUTION APPROVING AN AGREEMENT WITH THE MENLO PARK FIRE PROTECTION DISTRICT ALLOWING THE SOUTH SAN FRAN- CISCO FIRE DEPARTMENT TO BECOME A TASK FORCE MEMBER ,~. Resolution approving agreement with Robert F. ~-O~ '~' Beyer, Principal for Beyer and Associates, for Interim ACTION TAKEN - 246 REPORT OF THE CITY MANAGER study and we are on track; have received notice that on the next two Saturdays, from 12:30 a.m. to 9:30 a.m., California Water Service will be doing a water flushing program. So, if people are using water during those hours, they will find lower pressure and a discoloration of water; citizen called on the Hofline and was happy the Council was not going to exclude heavy trucks in the East of 101 Plan. ORAL COMMUNICATIONS Mr. Eugene Sim, Art Rise, announced their produc- tion of ' Other People's Money' would be per- formed this coming weekend at 753 Del Monte Avenue. COMMUNITY FORUM Councilwoman Teglia announced: she would be cooking for the 4/24/94 Art Rise production; en- couraged people to help the S.S.F. Ministerium financially, to deal with feeding the hungry and homeless. Councilman Penna arrived at the meeting at 8:00 p.m. CONSENT CALENDAR Approved. Approved in the amount of $4,361,550.92. RESOLUTION NO. 36-94 4/13/94 Page 2 CONSENT CALENDAR ~. Resolution - Continued. Community Development Director services. A RESOLUTION APPROVING APPOINTMENT OF ROBERT F. BEYER AS INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT PUBLIC HEARINGS Public Hearing - Appeal by Utah Properties of the engineering conditions of approval on PM-92-298 for 505-551 Railroad Avenue; Conduct Public Hearing; Motion to deny the appeal and uphold the conditions. ACTION TAKEN . Z47 CONSENT CALENDAR RESOLUTION NO. 37-94 M/S Teglia/Yee - To approve the Consent Calendar. Carried by unanimous voice vote. PUBLIC HEARINGS Councilwoman Teglia asked the Interim City Attor- ney if she had a conflict of interest, in that she owned property within 500' of this site. Interim City Attorney Nave stated she did not have a conflict of interest. Mayor Fernekes opened the Public Hearing. Chief Planner Solomon gave the staff report and stated the appeal was on the Engineering Division's conditions requiring the inspection and possible repair of a sanitary sewer line, prior to acceptance by the City, and the requirement to construct a new sidewalk, curb and gutter along the Railroad Avenue frontage. He stated the applicant refutes the conditions, based on the following: the City has recognized the sewer line on its official map of the City since 1958 and has cleaned the sanitary sewer line when requested; the sidewalk improvements are not needed, in that the installation would be detrimental to the seven properties - because it would reduce the available parking on site; suggested that the City's Redevelop- ment Agency pay for the improvements, if required, because the site is located in the Downtown/Central Redevelopment Area. He continued with the staff report in detail: curb and gutter is required by ordinance; this is the last line of sidewalk between Spruce and Orange; the applicant contends, a sidewalk was not needed when another parcel was approved; requested the Council deny the appeal and uphold the decision of the 4/13/94 Page 3 A~ENDA PUBLIC HEARINGS L Public Hearing - Continued. 4/13/94 Page 4 A~!!QN TAKEN 248 PUBLIC HEARINGS Planning Commission. Mr. Lewis Arata, Engineer, stated he represented the applicants and noted there was a technicality in the notice - it is not Utah, but Railroad Avenue. He stated that the owners were out of town, however, he had talked to some of the owners last night and they were asking for a postponement for a month. Councilwoman Teglia stated she had a problem with a postponement, because Mr. Arata could speak for the owners. Councilman Drago stated he wanted to deal with this now, because it was one of the worst looking blocks in the City. Councilmembers Penna and Yee suggested going ahead with the item. Mr. Arata refuted the following: they had not asked for the Redevelopment Agency to pay for all of the proposed improvements, however, the district was formed for public improvements; all the people in the block, from Magnolia east of the Basque, don't walk - they drive, because it says no vehicle access; the sidewalk would reduce the parking; the S.S.F. Land and Improvement Co. originally developed the town and the sewer lines; the sidewalk was not required when the parcel was split off from the railroad strip when the Basque cut off their portion, and it said that a sidewalk could not be built on a railroad right of way; there would not be new devel- opment on the land; the owners would receive a quit claim deed on the railroad strip and clarify their property lines; the owners had granted an ease- ment for the sewer in the back of 5', engineering wanted 10' and there were no objections; the City has access over the whole vacant property - all the way to Spruce. Discussion followed: whether the sidewalk im- provements were on-site or off-site; the improve- ments would be within the railroad right-of-way strip; this appeared to be an off-site enhancement; does having extended a sewer service cleaning to that sewer mean it belongs to the City; cleaning the sewers does not mean ownership; Mr. Arata wanted the City to take over the sewer; it was not good A~DA PUBLIC HEARINGS 5. Public Hearing - Continued. 4/13/94 Page 5 AC_T!Q_N TAKEN 249 PUBLIC HEARINGS business sense to take something over that is old and needs repair without the owners repairing it; staff had recently discovered it was not a dedicated sew- er, it belongs to the property owners and the City has a sewer easement; this was a historic omission - where a private sewer was connect to the City; how many other private sewers had not been dedicated; the property does fall under the Redevelopment Agency; the S.P. gave the right-of-way jointly to the property owners and they could expand on their buildings, based on the acquisition of the right-of- way. Mr. Arthur Fox, 211 S. Hill Dr., Brisbane, stated he was an employee of one of the owners who could not make the meeting. He stated that the owners of the seven parcels were not able to acquire indiv- idual pieces of the 50' right-of-way strip, because S.P. would only give the strip to one entity. So, the seven owners joined as one entity to take the one strip, with the idea of getting approval of the City so each property owner would have legal parking. He felt the City had a reasonable request for the sidewalk, but the sewer thing surprised him. He stated the sewer is in the rear of these properties, we are talking about the 50' strip in the front and no connection to allow the property owners to subdivide so each can acquire a piece of the 50' strip and use it. He felt that, with the City cleaning and repairing the sewer, it should take over the sewer. Discussion followed: since the City does not now own the sewer line and, if it fails, it is the responsibility of the owners to take care of it; the owners have been maintaining the sewer line and wanted to correct the records by granting an ease- ment, however, City staff is saying, if we accept the easement, the City is definitely accepting the ease- ment of the sewer from now on - which they did not want. Mr. Fox requested the Council separate the two issues and not deal with the sewer in connection with the subdivision, because the two were not con- nected. He stated that, in reference to the sidewalk issue, it is and has been an industrial area for some time, there is a sidewalk on the residential side of the street and, once one got to Spruce, there is only A~ENDA A~TION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 4/13/94 Page 6 250 PUBLIC HEARINGS a retaining wall. He questioned why the sidewalk was being required when no one was going to be using it. However, if required, the Redevelopment Agency should pay for it. Mayor Fernekes closed the Public Hearing. Discussion followed: how many other areas of the City were affected by non-dedicated private sewers; Vice Mayor Yee noted one issue is the sewer line in the back of the property between North Canal and Railroad, mid-way; the sewer line has been there for 30 or 40 years; the land slopes towards the back rather than towards Railroad Avenue, otherwise it would be a public sewer; today we say we don't have an easement, and then you must dedicate a sewer; if the sewer is on the street it becomes the City's, but the sewer in the back is not the City's; Councilman Yee believed the sewer should belong to the City and there are others built at that time that should not be excluded; there was not a problem unless there was a need for major repair on the sewer; the City allowed the Basque Cultural Center to connect to the sewer; now the sidewalk is on Railroad and the sidewalk is nothing more than a Subdivision Map Act, which requires the public im- provements - and the sidewalk is one of those; Councilman Yee's position was that the City needed the sidewalk, take a close look at that, because the opportunity is now for the public improvements, and have Mr. Arata put in the curb and gutter; the curb and gutter were in, but not the sidewalk; the property owners were coming before the Council, because they wanted to segregate the 50' strip; Councilman Yee felt the Agency money could be used for the sidewalk; Interim City Attorney Nave confirmed that the money could be used for the sidewalk. Councilman Yee proposed: use the Agency funding to construct the sidewalk, but the driveway should be the responsibility of the property owners, because it is for their benefit. Mr. Arata related he made a plan with the existing buildings and parking, showing what was usable and the total property, including the strip. He stated, when the sidewalk went in, he would modify the plans for the parking and the driveway would be A~ENDA PUBLIC HEARINGS $. Public Hearing - Continued. 4/13/94 Page 7 _ACI!QN TAKEN 251 PUBLIC HEARINGS consolidated. He stated there was a 7' proposed easement that would clear a sidewalk, if it were built, and include curb and gutter and four feet of pavement. He stated that the sidewalk, including the driveways would cost $40,000 to the end of the block. Councilman Yee proposed that the City accept dedi- cation of the sewer and the easement and he would like to see the Agency fund construction of the sidewalk. Councilman Drago agreed with Councilman Yee and also felt this was an opportunity to clean up the eyesore. He questioned if they were going to re- move the railroad tracks and what the landscaping requirements were. Chief Planner Solomon stated they were not going to remove the tracks and the only landscaping require- ment is that each property have two box trees on each side. Councilman Drago stated the Agency would have considerable expense and felt the property owners should be required to remove the tracks. He thought the property owners would change the area when they acquired the 50' strip and wanted the track removed and the landscaping in, because we are relieving them from the sewer and sidewalk. Councilman Yee questioned if it was legally possible to deal with private property. Interim City Attorney Nave stated, if the Council chose to impose a sidewalk condition and further, by motion, directed the Redevelopment Agency to fund the improvements, it would be necessary for the property owners to dedicate in fee the area that will be improved with the sidewalk. He continued, and, if indeed, if we are taking tracks out with the improvements, then the area that the tracks lay in should be given to the City, but he did not know where the tracks were. Councilman Drago stated they were between the sidewalk and the buildings. He stated that, if the conditions cannot be met, he would vote to turn down the appeal. A~ENDA PUBLIC HEARINGS ~. Public Hearing - Continued. 4/13/94 Page 8 AC_T!Q_N TAKEN . 252 PUBLIC HEARINGS Councilman Yee stated the tracks are on private property and the City cannot use Agency funds. So, if we want them removed, we have to make that a requirement. Councilman Penna agreed with Councilmen Yee and Drago - this is the time to clean the areas up and use Agency funds, as well as the dedication of the sewer line. He stated he had heard that, as long as a rail- road exists, the owner of the tracks is charged a service charge for the right-Of-way being there and not being used. Interim City Attorney Nave stated his only experi- ence was in abandoned right-of-ways and proceeded to explain what that involved. Discussion followed: on what Federal or State Agencies could force or fine the companies for non- removal of railroad tracks; there were tracks in more than a few industrial areas; Councilwoman Teglia could support using the Agency funds, but she did not feel it would facilitate anyone but the owners; she had a problem accepting the sewer line without an inspection and was surprised staff had not mentioned that; she spoke of the problems on Circle Court, from a broken sewer line, that had been accepted by the City. It failed and the City had to move the line out to the street; she suggested having the inspection and, if we want to, accept it; there was no sewer connection beyond the Basque Cultural Center; the sewer line goes from the Cul- tural Center to Spruce and joins to the City's line; Interim City Attorney Nave suggested that, when the City required the Basque Center to connect to a private sewer, it may have made it a public sewer and maybe the City should make it a public sewer; it's possible, under Health and Safety Code, that the improvements could be done on a public sewer; getting a title report from Southern Pacific on the right-of-way for spur tracks and restrictions on removing the tracks. Councilman Yee requested: the applicant dedicate the sidewalk, after constructing the sidewalk, and the City or Agency will reimburse the applicant; put the sidewalk and driveway along the frontages; applicant to submit a plan on how they are going to do the driveway and sidewalk, after approval by A~ENDA ACTION TAKEN 253 PUBLIC HEARINGS ~. Public Hearing - Continued. Public Hearing - 1994-95 Community Development Block Grant Program; Conduct Public Hearing and provide direction to staff regarding funding priorities for the 1993-94 program. .5-0~ PUBLIC HEARINGS City staff; applicant to remove the tracks in one year and probably complete the improvements within a certain time - six months; pave over or remove the tracks; the reimbursement money will come from the Downtown Commercial and the amount of money should be approved by staff before the contract is issued; the dedication of the easement will be recovered and the sewer line will be accept- ed by the City. Interim City Attorney Nave stated the Council could modify the existing conditions and, before making a motion on the list, the Redevelopment Agency should take a formal action at some time so one of the conditions is - subject to Redevelopment Agency reimbursing the applicant. M/S Penna/Yee - To accept the sewer line as a public sewer; applicant agrees to put in sidewalk, subject to Redevelopment Agency reimbursement, and include the above stated provisions. Carried by unanimous voice vote. Mayor Fernekes opened the Public Hearing. CDBG Coordinator Fragoso presented her staff report. The following representatives from various agencies appeared before Council: Bernice Perazzo, Friends to Parents; Mart Katz Hauck, Project Reach; Colette Hoffman, Elipse; Judy Gaither, HIP; Ann Marquart, Project Sentinal; Irene Papan, John's Closet; Ray Pittsinger, CID; Leslie Shelton, Project Read; Don Bryant, Legal Aid; Steve Eckert, No. Peninsula Family Alternatives; Marcy Cisneros, Abused Women Advocate Service; Ortencia Lopez, Neigh- borhood Services. Mayor Fernekes closed the Public Hearing. Discussion followed: whether Project Sentinal can be funded by Redevelopment funds; because it is only counseling services, it is ineligible; services offered by Neighborhood Services; Mayor Fernekes stated the Subcommittee would meet again and come back to Council with recommendations for the next public hearing; whether there should be a point 4/13/94 Page 9 AGENDA AC_T!QN TAKEN PUBLIC HEARINGS 6. Public Hearing - Continued. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS Resolution authorizing amendment to agreement with San Francisco International Airport regarding exten- sion of deadline for East of 101 Plan Amendmen~ A RESOLUTION APPROVING THE THIRD AMENDMENT FOR AIRCRAFT NOISE MITIGA- TION Resolution approving a First Supplement Lease Agreement with California Health Facilities Financing Authority, amending financing documents for State loan for improvements at Magnolia Senior Center. A RESOLUTION APPROVING THE AMEND- MENT OF LEASE AGREEMENT AND EXECU- TION OF ALTERNATE CREDIT FACILITY AND EXECUTION OF SUPPLEMENTAL AGREEMENT RE CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY REVENUE BONDS FOR THE MAGNOLIA CENTER REHABILITA- TION PROJECT Resolutions approving submittal of grant applications to the Bay Area Air Quality Management District and County Transportation Authority for the Multi-City Traffic Management Program for a "Guaranteed Ride Home" Program. ,5"~0 {~ A RESOLUTION APPROVING SUBMITTAL OF GRANT APPLICATION TO THE COUNTY TRANSPORTATION AUTHORITY THE MULTI- CITY TRAFFIC MANAGEMENT PROGRAM FOR A GUARANTEED RIDE HOME PROGRAM A RESOLUTION APPROVING SUBMrI'rAL OF PUBLIC HEARINGS system when reviewing applicants on what or how the City benefits; if the Council is concerned about children, they could turn the entire amount to organizations benefiting children, i.e, Neighborhood Services and John's Closet. Mayor Fernekes called a recess at 10:25 p.m. Mayor Fernekes recalled the meeting to order at 10:35 p.m., all Council was present. ADMINISTRATIVE BUSINESS M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 38-94 Carried by unanimous voice vote. M/S Teglia/Penna - To adopt the Resolution. RESOLUTION NO. 39-94 Carried by unanimous voice vote. Discussion followed: cost effectiveness of program; AB434 contribution of MIFSA; anticipating a $400,000 grant; all cities have to compete for funds; etc. M/S Yee/Teglia - To adopt the two Resolutions. RESOLUTION NO. 40-94 RESOLUTION NO. 41-94 Carried by unanimous voice vote. 4/13/94 Page 10 AGENDA _AC_TIQN TAKEN ADMINISTRATIVE BUSINESS ~ Resolutions - Continued. GRANT APPLICATION TO THE BAY AREA AIR- QUALITY MANAGEMENT DISTRICT BY THE MULTI-CITY TRAFFIC MANAGEMENT PRO- GRAM FOR A GUARANTEED RIDE HOME PRO- GRAM ADMINISTRATIVE BUSINESS 255 10. Further review and discussion of prior decision to approve a 1994 Grand Avenue Festival. City Manager Wohlenberg stated the Council.had given conceptual approval at the last meeting, tried to arrange an agreement for the out of pocket costs, meetings had taken place and Mr. Costa was to pick up a big part of the cost. He stated, one person along the street objected to the event and they have attempted to met with them and make reconciliation, but all has not been re- solved. Mr. Dan Ricketts, 415 Grand Ave., stated there was no one polled, except the one business out of 20 at 415 Grand Ave., nor had there been any attempt by the promoter to negotiate or discuss the objections to the festival. He stated that he had recently watched another Agency of the City run a church out of the building with a demand for parking and by placing restrictions on when and how often they could meet. He felt this was going on again - on the two days of the fair the Croatian caterer would not have access to the building and there was a projection of 20,000 people who would attend the fair. He stated that he had not attended the 1991 fair because of the traffic and drunks, yet Mr. Costa says he is not going to sell liquor when the bars, liquor and grocery stores will. He felt this was not appropriate and the event would only benefit the promoter. He stated, if it was going to be a City affair, it should be in the park and invite the whole City. Ms. Georgia Ricketts, 415 Grand Ave., stated her business was weddings and special events and she stood to lose income on both of the fair days. She reiterated comments made by Mr. Ricketts and did not believe businesses in the 400 block were looking 4/13/94 Page 11 A__O _E .N D A ACI!QN TAKEN _-ADMINISTRATIVE BUSINESS [0. Grand Avenue Festival - Continued. 4/13/94 Page 12 256 ADMINISTRATIVE BUSINESS forward to this fair. She stated she has been selling handmade goods and four years ago teenagers had wine, which they spilled over her goods. She watched a wedding party arrive with the bride's gown being dragged through the filthy street. She stated that she was for street fairs that are done in parks, with cleanliness and care, and asked the Council to take a second look at where they wanted to hold this fair, but not on Grand Avenue. She did not want her landlady to lose anymore income due to these fairs. Mr. Milan Cvilaovic, 415 Grand Ave., asked the Council to refuse issuance of the permits for this fair, because, for ten years, the merchants used to run the street fair and it was a pain and a loss. He stated that it would be one thing if the merchants were making the money and benefitting from the fair, but they were not and they stopped it. He stated he knew that the City was not going to benefit from a one block fair - just the promoter will bene- fit. Ms. Doreen Cvitanovic, 415 Grand Ave., stated she and her husband owned the building and ran a Croatian catering business and urged the Council not to approve the fair because she would lose money. She stated she had twenty tenants in the building, yet she alone received the poll on the fair. Mr. Jack Jones, 12 El Campo Dr., stated the His- torical Society wanted the City to continue the street fair, because it was a chance for the community to get together. He stated they run a museum and have a lot of historical houses they take care of and wanted to see the fair continued. He stated he did not know why the businesses do not work with them on the fair, Millbrae has it and everyone cooperates, as it is good for the community. Mr. Louis T. Bartell, Jr., 352 Ferndale Ave., stated he was a member of the S.S.F. Historical Society, they were in favor of continuing the street fair and he concurred with what Mr. Jones had said. ~ENDA ACT!aN TAKEN A~DMINISTRATIVE BUSINESS Grand Avenue Festival - Continued. 4/13/94 Page 13 257 ADMINISTRATIVE BUSINESS Mr. Harry Costa stated there were no bars in the 400 block of Grand Avenue, and one or two liquor stores, over which he had no control. I-Ie stated this was not a new event, this would be the 12th year and it was always well attended by the residents. He stated it was a good place for the people to get together and talk over old times. He stated he had made concessions and offered businesses free space on the street to sell their wares. He spoke of the results of the survey, what he had raised for the merchants in prior years and his expenses. Vice Mayor Yee questioned why a particular church had been bumped out of 415 Grand Ave. Chief Planner Solomon related: it was a Filipino church who rented the third floor several days a week and it became such a parking problem they were instructed to provide a shuttle service to control traffic; the church had moved and the entire congregation now meets in Daly City; there had been complaints from Mary's Deli, La Tapatia and Sams Deli - five complaints in total, saying that they lost 300 customers who shopped there or had breakfast three times a week; many problems with double parking; the church had been instructed not to park on Grand Avenue between Maple and Spruce and to try to accommodate their people in parking lots. Vice Mayor Yee stated the church could have ap- pealed the Planning Commission decision to this Body. Councilman Penna stated his business was in that block and the complaints he heard from the mer- chants was that there was no place to park from 8:00 a.m. to noon and that affected a lot of mer- chants. He had asked if the church did business with the merchants and they said no, they came to the services and left. He stated that, in the evening, they back up the streets from 5:00 p.m., parking was jam packed and there were comments from business operators. Councilwoman Teglia questioned if the church was made aware they could appeal. She stated the hours AGENDA _ACT!QN TAKEN ADMINISTRATIVE BUSINESS 10. Grand Avenue Festival - Continued. 4/13/94 Page 14 ADMINISTRATIVE BUSINESS they meet are not the times businesses are operating, there should have been parking and a block away there is parking that is not used. She stated, if it was on Saturdays, we have a lot of business, but not on Tuesdays and we have a lot of other people who go to church at All Souls. Councilman Penna stated he had personally talked to them about the parking lot at City Hall and the parking lot on Maple and Miller that could be used, and had even encouraged the use. Discussion followed: if the church was operating under a use permit; yes, and it did not say religious assembly; the church did not appeal; the building was a social hall that could entertain 350 people, however, there is no parking dedicated to that building; the church also had Sunday morning services; whether the fair should be held in the park or further down the street; Councilwoman Teglia felt people were tremendously relieved when the fairs died, because most people, at the end, were not attending because the kids were running around and terrorizing them; she felt it was unfair to impact that particular block and felt it should be in the park as a community affair, because it was central to the City; Councilman Penna agreed with Councilwoman Teglia that it should be in the park as a community affair, because he did not think the City had that much to show where its being proposed, because of the type of people who would be attracted; he felt Mr. Costa was a very good promoter and he would like to see him have the opportunity to have it in the park; Councilman Drago had seen a lot of our local people enjoying previous fairs; Mr. Costa stated at least 80% of the events are held on the main street, and that he did five or six of them locally; he said he did not have a problem holding it in the park, except for this year, because he already had invitations circulating; the Woodside Fair is in the woods and is very successful; Director of Parks, Recreation & Community Services noted that, by holding it in the park, expenses for recreation would go up and public works expenses would go down, however, he would have figures by the next m~t- ing. Mayor Fernekes directed staff to put it on the next agenda, as well as the waiving of licenses and fees. ADMINISTRATIVE BUSINESS l. Consideration of proposal to conduct an organization- al and service delivery survey of City services and Motion to approve a Request for Proposals to conduct the survey (continued from the 3/23/94 and 4/6/94 meetings). 12. Discussion of proposal to create a Cultural Arts Com- mittee/Commission for the City. 259 ADMINISTRATIVE BUSINESS City Manager Wohlenberg stated this idea grew out of budget sessions and the shortfall of the General Fund and Council needed to look at ways to be cost effective. He stated that this proposal would bring in a professional to look at services, in order to operate with quality services at a better price; etc. Councilwoman Teglia expressed concern about doing this from the bottom up and disrupting employees. She felt that the need was to address the level of services and include all General Fund activi- ties - period. She stated the collaborative process comes after we get the information, because there could be strike possibilities, and she wanted the options put on the table. Councilman Yee suggested Councilwoman Teglia get involved in the selection process with staff, because she had clear goals on this and he agreed with those goals. Councilwoman Teglia felt the City was at a cross- roads and the City must examine this, for she was concerned about the health of the organization. Mayor Fernekes stated he would work with Councilwoman Teglia and staff. Consensus of Council - To authorize issuance of the RFP on approval of the Subcommittee. Councilman Drago stated the purpose of this item is to improve the visual aspects of the community through sculptures in City entrances. He stated transportation and highway funds will be available for these sculptures and he felt the Council should sit down, set goals, put it under a Department Head and form a Committee that will be appointed by the Council. Councilwoman Teglia stated this had been attempted some years ago and they had a developer who contributed. She suggested appointing fifteen members and divide it up, where each Council- member appoints three, and, after that, the Mayor will appoint members with the concurrence of Coun- cil and she felt it should be under the City Manager. Councilman Drago felt it should be under Park & 4/13/94 Page 15 A~ENDA ADMINISTRATIVE BUSINESS ~2. Discussion of proposal - Continued. 13. Report on Grand Avenue modifications and improve- ments, including bench removal and limited parking issues. 5~ ~ 0 14. Consideration of report regarding use of Town Hall citizen participation program. ,5'/~'-'--~ ACTION TAKEN ADMINISTRATIVE BUSINESS Recreation. City Manager stated this would take a lot of staff time and suggested it be under Park & Recreation. Consensus of Council - For staff to prepare an ordinance for the next agenda with fifteen members on the Commission, each Couneilmember shall appoint three members and subsequent members shall be appointed by the Mayor with the concur- rence of Council. Councilman Penna stated there was loitering and drinking on the 200 block of Grand and the mer- chants felt, if the benches were removed, it would take care of the problem. He felt they were embed- ded in the dirt and are movable. Police Chief Raffaelli stated there is a high concen- tration of hotels down there and residents. He stated that people eat their lunches in the breezeway in the 300 block of Grand and there was nothing to prevent the drunks from moving to the breezeway when the benches are removed from the 200 block. Councilman Yee stated it is the people, not the benches, who cause problems and there may be an- other solution - remove the wood part of the bench and it could be put back at a later time. Councilwoman Teglia questioned if that would cause a hazard. Councilman Yee stated the wood part was bolted, anchored to the bench. Councilman Drago suggested that this item and the next six items be continued to the 4/27/94 meeting, due to the late hour. Mayor Fernekes continued the item to the next meeting. Councilman Yee stated that, if Council agrees to the meeting, staff should contact people in old town. City Manager Wohlenberg stated a meeting could be held the third week in May. 4/13/94 Page 16 AGENDA fiCTION TAKEN ADMINISTRATIVE BUSINESS 5. Monthly progress report on City goals and objectives - April, 1994. 16. Report and recommendation on current State legisla- tive bills and Motion to oppose various State Legisla- tive bills. ~'2.,B LEGISLATIVE BUSINESS 17. Motion to adopt an ordinance .formally adding and deleting certain positions to and from Competitive and Non-Competitive Services from the Municipal Code. AN ORDINANCE OF THE SOUTH SAN FRaN- CISCO CITY COUNCIL AMENDING CHAPTER 3.12 OF THE MUNICIPAL CODE BY ADDING AND DELETING CERTAIN POSITIONS TO AND FROM THE COMPETITIVE AND NON-COMPET- ITIVE SERVICE ITEMS FROM COUNCIL 8. Oral Committee Reports. 19. Appointment of the restaurant representative to the Conference Center. 5 ~D ~ GOOD AND WELFARE CLOSED SESSION 20. The City Council will meet in Closed Session to meet with its designated representatives - City Manager, Director of Personnel, Fire Chief and Negotiator John Hughes, regarding labor relations matters pursuant to GC 54957.6; the employee/employer organizations are Fire and AFSCME Units; and to confer with its City Attorney regarding litigation pursuant to GC 54956.9(b) (1) who is hereby of the opinion that a .__ significant exposure to litigation exists. :ECALL TO ORDER: ADMINISTRATIVE BUSINESS 261 Concurrence of Council - To accept the report as is. Concurrence of Council - To continue the item to the next meeting. LEGISLATIVE BUSINESS M/S Teglia/Yee - To adopt the Ordinance. ORDINANCE NO. 1141-94 Carried by majority voice vote, Councilman Drago voted no. ITEMS FROM COUNCIL The Council chose not to give reports, due to the hour. Concurrence of Council - To appoint Joseph Ercoli as the restaurant representative to the Conference Center to serve a second three year term. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 12:07 a.m. to confer with its City Attorney regarding litigation, pursuant to GC 54956.9(b) (1), who is hereby of the opinion that a significant exposure to litigation ex- ists. Mayor Fernekes recalled the meeting to order at 12:12 a.m., all Council was present, no action was taken. 4/13/94 Page 17 AGENDA ACTION TAKEN ADJOURNMENT: 262 M/S Penna/Yee - To adjourn the meeting to Wednesday, 4/20/94, 8:30 a.m., City Council Con- ference Room, City Hall for a Closed Session for the evaluation of the City Manager, pursuant to GC 54957; to meet with designated representatives City Manager, Director of Personnel, Fire Chief and Negotiator John Hughes regarding labor relations matters, pursuant to GC 54957.6, the employee/ employer organizations are Fire and AFSCME Units. Carried by unanimous voice vote. Time of adjournment was 12:13 a.m. RESPECTFULLY SUBMITrED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. ~!/y ~f ~ 0/1 ~lr ~eakne~'r an caiYs°c~ 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. 4/13/94 Page 18