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HomeMy WebLinkAboutMinutes 1996-01-24 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ~John R. Penna Robert Yee CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS GENDA REVIEW City Manager Wilson Requested: - Move Item 11 to be heard before Item 10. ORAL COMMUNICATIONS 1/24/96 Page 1 MINUTES City Council Municipal Services Building Community Room January 24, 1996 77 ACI!ON TAKEN 7:32 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. Rev. Neeley, Grand Ave. Baptist Church, gave the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont, stated she was quite concerned about the Park & Recreation Commission meeting to be held tomorrow at 7:30 p.m. in this building. She stated many people did not receive a survey card regarding what is going to be proposed - the swimming pool or a gymnasium. She feels everyone has a right to vote on what they want to see on Terrabay and that was why she was con- cerned that people who did not participate in the survey might not know about the meeting. She stated she attended the Commission meeting at Martin School and found her neighborhood was not covered by the survey. Mayor Drago asked the City Manager to check those who did not get a survey and have the Post Office verify that it was delivered for it could have AGENDA ACTION TAKEN 7 ORAL COMMUNICATIONS COMMUNITY FORUM 1/24/96 Page 2 ORAL COMMUNICATIONS been lost in the mail. Ms. Patricia Burke, 1700 El Camino Real, was concerned about messages going back and forth between certain members of the State Legislators, Board of Supervisors and the Grand Jury and will have a copy of a letter sent out for Council. She believes deeply in representative democracy and that is why she brings it up, because a judicial and legis- lative branch are arguing and it leaves her ashamed. She feels the balance of powers is what makes this government work. COMMUNITY FORUM Councilman Mullin noted Councilmember Spanelli from Burlingame had quite a lengthy letter on the Grand Jury process and he too was watching the situation. Mayor Drago related that last year the Council gave direction to improve the downtown area appearance and his feeling was to concentrate on the streets, sidewalks, buildings and deal with vacant lots which the City Manager will explain. City Manager Wilson explained: he is working with the Economic Development Committee of the Cham- ber of Commerce to come up with concepts on the less than pleasant lots that attract weeds; the concept is to turn them into green spots; staff is working with two property owners under license agreements to take a fence back and plant foliage to soften the appearance and make it green and in another ease grading the site and putting in minimal irrigation and landscaping and the concept came from a gentleman from the Oyster Point Marina Plaza where possibly they could adopt a spot in the City and make it green; etc. Mayor Drago continued and stated he would be pursuing certain goals this year as Mayor: direction had been given to move the Corporation Yard out of Orange Park to North Canal which will re- lieve traffic, open up valuable land and enhance a facility; seismic retrofitting of City Hall and the Library with the use of redevelopment funds and none from the General Fund; in February he wants specific direction on seismic retrofitting and options ~ENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 10/11/95, Regular Meeting of 10/25/95, Regular Meeting of 11/8/95, Special Meeting of 11/28/95, Special Meeting of 12/1/95 and Special Meeting of 12/13/95. 2. Motion to confirm expense claims of 1/24/96. Motion to accept the replacement of the Orange Park Pool Boiler Project as complete in accordance with the plans and specifications. 50 ~' Resolution authorizing an agreement between the California Department of Forestry and Fire Protection and the City for the Distribution of Grant Funds under the Small Business Administration Tree Plant- ing Program and Approving an Amendment to the Operating Budget for $5,000.00. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND ANY SUBSEQUENT AMENDMENTS BETWEEN THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PRO- TECTION AND THE CITY OF SOUTH SAN FRANCISCO AND APPROVING BUDGET AMENDMENT 96-5 TO THE 1995-1996 OPERAT- ING BUDGET 5. Resolution appropriating $11,400.00 to the Library Department Budget. 5 / ~-- A RESOLUTION APPROVING BUDGET AMENDMENT 96-6 TO THE 1995-1996 LIBRARY OPERATING BUDGET Resolution appropriating $7,000.00 to the Project Read Budget. ~ COMMUNITY FORUM that may prove better; in March incentives for the employees to live here in the City; in April using Parking Authority funds to pick up additional police officers; expansion of hours for the library during the week and on Sunday; and in May a proposal and discussion to make this City a Charter City; he encourages other Councilmembers to come up with things they want to see pursued this year. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Mullin. Approved in the amount of $1,797,922.18. Accepted. Removed from the Consent Calendar for discussion by Councilman Mullin. RESOLUTION NO. 10-96 1/24/96 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION APPROVING BUDGET AMENDMENT 96-7 TO THE 1995-1996 LIBRARY OPERATING BUDGET 7. Resolution approving destruction of Police records. A RESOLUTION APPROVING DESTRUCTION OF PUBLIC RECORDS PURSUANT TO GOVERN- MENT CODE 34090 Motion to approve Minutes of the Regular Meeting of 10/11/95, Regular Meeting of 10/25/95, Regular Meeting of 11/8/95, Special Meeting of 11/28/95, Special Meeting of 12/1/95 and Special Meeting of 12/13/95. Resolution authorizing an agreement between the California Department of Forestry and Fire Protection and the City for the Distribution of Grant Funds under the Small Business Administration Tree Plant- ing Program and Approving an Amendment to the Operating Budget for $5,000.00. ~- 19, D A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND ANY SUBSEQUENT AMENDMENTS BETWEEN THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PRO- TECTION AND THE CITY OF SOUTH SAN FRANCISCO AND APPROVING BUDGET AMENDMENT 96-5 TO THE 1995-1996 OPERAT- ING BUDGET CONSENT CALENDAR RESOLUTION NO. 11-96 RESOLUTION NO. 12-96 M/S Yee/Fernekes - To approve the Consent Calen- dar with the exception of Items 1 and 4. Carried by unanimous voice vote. Councilman Mullin requested the following correc- tions on the Minutes of the Special Meeting of 12/1/95: Page 3, oath of office should read - was given to Councilman-Elect Fernekes by Councilman Drago and to Councilman-Elect Mullin by Former Councilwoman Teglia; Page 4, second paragraph, there is a word or two missing on Councilman genna's comment. M/S Yee/Fernekes - To approve all Minutes on the Agenda and the corrections noted by Councilman Mullin. Carried by unanimous voice vote with the exception of Councilman Mullin's abstaining on the Minutes of the 10/11/95, 10/25/95 and 11/11/95 meetings. Councilman Mullin questioned if the plants will be provided by a firm in this City. Director of Parks, Recreation & Community Ser- vices Nagel stated yes, it will be supplied by the nursery at El Camino and Chestnut. Discussion followed: the total cost is $38,000 which is $200 per tree; Councilman Yee was uncomfort- able with the reference to "any subsequent amend- ment'' and if the cost was greater, staff would not come back to Council; Department of Forestry insisted that language be included; staff will not au- thorize any further funds without coming back to Council; staff is dealing with a deadline; Council- 1/24/96 Page 4 A~ENDA Resolution - Continued. ADMINISTRATIVE BUSINESS Resolution authorizing execution of an agreement between the City and Eugene Gonzales for a sanitary sewer connection for a 15 bed residential care at 201 Alta Vista Dr. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND EUGENE GON- ZALES FOR A SANITARY SEWER CONNEC- TION FOR A 15 BED RESIDENTIAL CARE FA- CILITY AT 201 ALTA VISTA DRIVE Motion authorizing submittal of application for exten- sion of contract services to LAFCO for sewer service at 201 Alta Vista Drive. ~-~t ~/ {o AC!IQN TAKEN 81 man Yee does not want this type of clause used in future. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 13-96 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Engineer Wong stated the Applicant at 201 Alta Vista made application 20 years ago for a sewer connection for a single family home, the the connection was approved, the property is in the County's unincorporated area and is approximately two parcels in size. He continued, approximately seven years ago the County approved a change of use from single family to a 15 bed residential care facility which has been constructed and he is asking to connect the project to the existing 4" diameter house sewer, the County has approved the sewer size and he is asking the City to agree to accept and treat the sewage from the care facility. He stated the City must apply to the San Mateo County LAFCO for approval to provide extra territorial sanitary sewer service at that site. He stated upon receiving LAFCO approval, the sewer service agreement can be executed by the City and recorded in the County records. He related: the Applicant is not supposed to change the use of the 15 bed care facility unless approved by the City; inspect and repair the existing sewer lateral if damaged and install a property line clean- out if necessary; pay a $3,400 connection charge, not oppose any future assessment district formed to construct a sewer system for the Country Club area, in addition to paying the annual sanitary user service charge. Due to current law changes this must be processed through LAFCO. Councilman Yee stated he has a problem with the request - this is outside the City limits, the City does not have adequate capacity to connect any large development because the Plant is up to capacity, so by allowing this to happen outside the City limits this means we are using our capacity to serve out- side the City limits. He is not opposing the use, but questions what the Council policy is to use up the capacity for outside the City. 1/24/96 Page 5 A~ENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Resolution - Continued. 9. Motion - Continued. 1/24/96 Page 6 8Z ADMINISTRATIVE BUSINESS He reminded the Council that Westborough came to the Council to connect their sewers, so this particu- lar project is only 15 bed, which is a small busi- ness, but if we are going to spend millions of dol- lars in the near future then someone has to pay for the cost. Councilman Mullin asked the City Attorney, by allowing this do we set any precedent that would be binding should we have a similar use or a greater magnitude of use. City Attorney Mattas replied, no, you will be able to address this on a case by case basis and you can establish a policy. City Manager Wilson stated staff can take this back and add a clause to bind the property owner to his fair share for we are still a number of months away in developing a fair share formula, but we can dev- elop a fair share once it is determined. Mayor DragO stated he had a problem with that, he could support putting the County on notice tonight that there will be no further hookups until we have our system, but this is a constructed 15 bed facility, with an existing pipe. He was concerned about the size of the pipe and wondered if we approve the size, there are people waiting to get into the facility, and it is suggested they wait for the analysis. Discussion followed: it is not to develop dollars specifically, but a fair share; should it be a develop- ment fee, a rate base or a combination of the two and then that factor will be applied to this use; Councilman Yee feels every future business wanting to connect to the system has to pay their fair share for the expansion, and since we don't have the number tonight he can have a bond; the Applicant has had the permit for twenty years to build something and has used the sewage for two families; there can be a development fee and you would collect by the cost to the project and the available capacity and apply a dollar figure per unit in terms of strength of the discharge; comparison to the Oyster Point formula; City Manager related that as soon as staff gets to the point of creating a develop- ment fee they will identify the source of $15-20 million needed for the plant expansion; Mayor A~ENDA ADMINISTRATIVE BUSINESS 3. Resolution - Continued. 9. Motion- Continued. 1/24/96 Page 7 ACIIQ_N TAKEN ADMINISTRATIVE BUSINESS Drago stated these people are not going to pay that, it will be absorbed in the existing rates; no one is going to give staff a blank check for a connection fee; contention over what the original sewer permit was issued for - a single family unit or a 15 bed facility; etc. Mr. Bob Vasques stated he represented Mr. Gonza- les and the 15 bed facility project and twenty years ago the permit was for the 15 beds, however, Mr. Gonzales was unable to go forward with that. He and his client concur with the staff report and the agreement and was prepared to sign, proceed and pay the fee. He stated that now, getting to the public improvement, we concur with Councilman Yee that private people do need to participate in public improvements, they have no objections with a fair share allocation spread across the City over time, our neighbors will be charged and yes, he has that authority if it is a fair share cost across the City. He stated they will work with the Council towards annexation even though there are some objections from Country Club Park. When the facility is up and running he wants the Council to walk through for he knows they will appreciate the senior facility, but they first have to go to LAFCO and time is of the essence. City Attorney Mattas advised adding condition 4.5 because we are using the prior permit "Condition 4.5, permittee shall pay its fair share as determined by the City Engineer of the sewer capacity expan- sion costs as determined by the City". He stated the Council will determine how it will be funded and once that is done the City Engineer will determine what that is compared to the rest of the City. Councilman Mullin stated he did not believe that was acceptable for that is not what Mr. Vasques said. He said other than, and he is obligating you and I don't say you agreed to that but you said fair share apportionment, like for every user. Councilman Yee gave a hypothesis of how a fair share would be calculated. Mr. Vasques stated the way he understands it the expansion is a public improvement that will be paid by everyone hooked up to the sewer. If, for exam- AGENDA ADMINISTRATIVE BUSINESS g. Resolution - Continued. 9. Motion - Continued. 1/24/96 Page 8 ACTIQN TAKEN 84 ADMINISTRATIVE BUSINESS ple, staff based it only on new development, maybe he is hard pressed to say this - you are not going to have development unless you are planning large development. He stated the connection fee is $3,400.00 and the staff is still talking about a blank check. Discussion followed: the City could charge $5,000 and today Mr. Gonzales pays $3,400 because of the time element; Mr. Vasques stated if the City was talking about a range of $3,000-$5,000 that is one thing, but if you are talking about a blank check of a million dollars that is outrageous; the City must show there is reasonable proportion for the impacts vs. the fee charged; staff felt if it turned out that the fee seemed exorbitant then the gentleman can come back to the Council; Councilman Mullin had a prob- lem - if there was another request for a facility, that person would know what the fee is and decide if he wants to build, while Mr. Gonzales does not know what the fee is and has built; staff anticipated know- ing the numbers by April, so we are talking about three months delay before Mr. Gonzales can be tied into the sewer; Mayor Drago does not feel it is fair to hold up this permit when the building has already been constructed; the owner says the sewer line is already connected; Mayor Drago stated we have a project with an existing four inch pipe that is connected; the permit was approved on 10/7/68, he paid the connection fee, the sewer was installed and services have been provided ever since; Councilman Mullin was ready to introduce the resolution as written, but we don't know the dollar need for an increase or when the study is going to come through; is it possible that the expansion that is needed could be paid for in four increases for every- one, as well as an increase in new development; Mayor Drago felt they should deal with future de- velopment another night when this is completed and that puts the County on notice; there is a limit on institutions, a so-called agreement, that can go into Country Club Park; Councilman Penna saw no problem in establishing a policy for future use, but we are dealing with a use that is connected; if any use wants to get connected there will be a charge based on a formula; Councilman Mullin would not use the word moratorium, but when determined an additional charge or proration; City Attorney felt it necessary to separate that policy if it is the Council's AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS g. Resolution- Continued. 9. Motion - Continued. l. Revocation or modification of Use Permit No. 93- 939/Mod 1 by either adopting a resolution that re- vokes the Use Permit or by a Motion to approve the amended conditions. _~o~ q A RESOLUTION REVOKING USE PERMIT NO. 93-939/MODIFICATION 1; 2211 GELLERT BOU- LEVARD, LING NAM NOODLE HOUSE; MANTON WONG, PROPERTY OWNER; ANTO- NIO LIM, PERMIT APPLICANT 85 ADMINISTRATIVE BUSINESS desire; Mayor Drago stated Mr. Vasques agreed to a fair share, but unless there is a cap - it is difficult; the gentleman clarified it as something prorated to all hooked into the system and Council has not determined a policy; Councilman Yee wanted to put in the agreement that he pays the fair share; Mayor Drago does not feel that new development and new connections can make up the millions needed for the expansion, etc. M/S Mullin/Penna - To adopt the Resolution. RESOLUTION NO. 14-96 Carried by majority roll call vote, Councilman Yee voted no. M/S Mullin/Fernekes - To authorize submittal of application for extension of contract services to LAFCO for sewer service at 201 Alta Vista Drive. Carried by unanimous roll call vote. Police Chief Raffaelli stated he had met with the Applicant and the Attorney to work out conditions. The main condition allows him to suspend the use permit after midnight if there are further prob- lems and it will go back to the Planning Commis- sion. He related the conditions: Police Chief may suspend the operation of the restaurant after 12:00 midnight pending a hearing on the revocation of this use permit if there is a single significant violent crime, etc.; required to employ and deploy three uniformed security guards on-site anytime the busi- ness is open after 12:00 midnight, etc.; shall assure that the parking lot, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with high intensity discharge lighting with sufficient wattage for adequate illumination, although the Applicant is not the owner, but the owner said he will upgrade the lighting by March 1st, and the Applicant shall submit a lighting plan to be approved by the Police Department, etc. Mayor Drago stated he wanted the background on the Council comments at the evidentiary hearing and the history of this violation voiced for those in attendance. 1/24/96 Page 9 AGENDA ADMINISTRATIVE BUSINESS 1. Resolution - Continued. 10. Discussion of downtown zoning issues. ACTIQN TAKEN ADMINISTRATIVE BUSINESS Police Chief Raffaelli related: he had other meet- ings with the Applicants during the summer; they had a security guard company that was not doing its job; we met in October and indicated we were going to close them at midnight and now they have a new security company - one without problems; the Planning Commission did indicate if there are no problems they hoped that Council would look at that and allow them to stay open. John Mangini, Attorney, 333 Gellert Blvd., Ste. 200, Daly City, stated during the last three months, with the new security people in there, there are no problems and he felt this could all be settled with the security guards and the increased lights. They met with the Police Chief and Sgt. Petrocchi and are satisfied with the modification, if approved by the Council. M/S Penna/Mullin - To adopt the Resolution. Motion and Second withdrawn. M/S Penna/Mullin - To approve the modified con- ditions and findings in the staff report. Councilman Yee stated he drove to the back of the building and did not see any guards at 1:30 a.m. Mr. Armando Gonzales stated sometimes the guards patrol the back by walking the area in uniform. Carried by unanimous voice vote. Councilman Penna questioned if he had a conflict of interest on this item since he owns three properties in the area. City Attorney Mattas stated the discussion was going to be on broad generalities and there was not a conflict. Mayor Drago stated he asked for this to be looked into because he wanted improvements on the lanes, many people wanted to improve their garages and correct conditions on their properties and could not because of the setback requirements. He stated the Lanes are rapidly deteriorating, so perhaps Council could be more flexible and he asked staff to come 1/24/96 Page 10 A~ENDA ADMINISTRATIVE BUSINESS 1. Resolution - Continued. 1/24/96 Page 11 ACI!Q_N IAK_E_N ADMINISTRATIVE BUSINESS back with recommendations. Director of Economic & Community Development Van Duyn gave an overview of the staff report: the intention is for Council to explore the report and give direction to staff on the old town residen- tial areas that are substantially substandard by today's codes and ordinances relative to lot size and built under prior codes that do not meet today's codes; suggestions on changing the use permit process or the variance exceptions; the appeal pro- tess; performance standards; flexible standards and lesser setbacks; change regulations and zoning alter- natives to be used with existing structures; etc. Mayor Drago wanted a consensus on whether staff should continue to explore this or if there is no interest, then it should stay as it is. Discussion followed: Councilman Mullin has a problem - when there is an application the neighbor is contacted with a schematic, but who talks to whom; he needs verification that everyone has been contacted and what was said to each one; is there a model for this; the Director is aware of one; the area of notification is defined and requires direct contact with each adjacent property owner and the application must bring evidence that everyone was approached and signed it; notification is 100' and is only if the program is approved; there is also a posting notification; Councilman Mullin feels neigh- bors are intimidated; a minor use permit is intriguing, such as the Genentech overlay; certain types of uses allow for minor use permits; yes, side yard setbacks and the like would and Councilman Mullin would be happy to have the professional staff take care of minor permits; the notification is to adjoining or abutting properties; Councilman Fernekes remembers a case where a guy had a Christmas party, showed plans for an addition to the neighbors who later did not like the plans; this is looking at simple projects with minor improvements where there are neighborhood issues for a fence or a garage where a code notice in the mail generates a negative response at a public hearing and once they hear some information they feel more comfortable; Councilman Mullin would like to see some samples or experiences of other communities; on handi- capped ramps, staff will grant permits; accessory AQENDA A~I!QN TAKEN 88 ADMINISTRATIVE BUSINESS 1. Resolution - Continued. ITEMS FROM COUNCIL Discussion of a policy on the appointment to Boards and Commissions. .ff / ~ ADMINISTRATIVE BUSINESS structures, front and back yards and inside setbacks have buildable rights; there is a problem with putt- ing a second structure within 1 to 2' of a main structure; 3' would be better; handieapp parking in front yards is a minor use permit; increasing the size of fences; a 50' wide lot is limited to 400 sq. ft, 20 foot setback and includes attached decks; acces- sory on lanes; many requests for exceptions and expansion of non-conforming uses; Councilman Mullin feels there should be some control of the non-conforming uses; City Engineer to approve driveway with minimum standards; Councilman Penna wants reconsideration of an overlay between Railroad and Baden between Spruce and Cypress and Cypress and Olive and Armor and Miller with a density of 40 units to the acre changed to 30 units to the acre; density is another issue and it should be agendized or be given to the Planning Commission; Mayor Drago stated there is consensus for staff to continue to explore this item. ITEMS FROM COUNCIL Councilman Penna stated this thought occurred to him after listening to Mayor Brown asking for a resume from every Board and Commission Member and felt maybe Council should change its policies. So, it occurred to him to go and review the Mem- bers after each election to see if they are expressing Council policy, if not thank them and relieve them of that responsibility and appoint others. Councilman Yee felt four years is a limited time for people who volunteer and work hard, did not agree to reviewing them every two years and only wants to do it when their term is up. This Council is not Willy Brown and should not fall into the same think- ing. Councilman Fernekes stated he concurred. He brought the roster and wanted to see if they are following policies, because Council sees more ap- peals coming forth and some of the Council is not happy. Mayor Drago stated his concern is the process. Councilman Penna stated the best way is to deter- mine policy and look at their voting record com- 1/24/96 Page 12 A~ENDA A~TION TAKEN ITEMS FROM COUNCIL .2. Discussion of a policy - Continued. ,3. Consideration of letter from Hollywood Park and direction to staff on contested 9/12/95 election costs. ITEMS FROM COUNCIL pared to the policy set by Council, then thank them and ask them to resign. Councilman Mullin stated he strongly wants to keep the four year term for Council always has the option of appointing to a second term. Council has the option to vote one or more off for they serve at the will of Council and are donating vast mounts of time. He noted that Council may not always be united in its voting for there are vote splits. Mayor Drago stated there are a couple of Boards asking for joint meetings, we could explain that the Boards reflect Council, give them policies and there may be people who do not want to follow those policies and will resign. The first Boards for joint meetings should be Park & Recreation and the Plan- ning Commission and asked the City Manager to set up meetings as soon as possible. Councilman Penna stated sometimes these meetings get charged, which he did not want, for they react to what we say and do not state their ideas. Mayor Drago stated Hollywood Park is contesting a certain portion of the bill and related: Hollywood Park was told it would be $40,000-$45,000; the total bill is over $66,000, they are not questioning that, but are questioning the printing charges of $31,000; there is no question they are obligated to pay the bill, they made that commitment; what we are look- ing at tonight - is there any legitimacy in the remain- ing $18,000; and asked the City Clerk to respond on her role which is the major concern of the letter - the printing. City Clerk Battaya read from Elections Code No. 13001, "The elections official in providing the mate- rials required by this division need not utilize the services of the county or city purchasing agent". She stated the Clerk is not required by law to go through a bidding process, which is the contention of the letter. There are arguments and rebuttals that make time of the essence so to her, in reading the letter, that was the biggest contention they had - that she should have followed the bidding process. However, they are not aware of the costs associated with condensing the 64 page ordinance down to a 45 page election pamphlet with arguments, rebuttals, 1/24/96 Page 13 AGENDA ITEMS FROM COUNCIL 3. Consideration of letter - Continued. 1/24/96 Page 14 ACTION TAKEN ITEMS FROM COUNCIL City Attorney analysis, etc. Councilman Mullin questioned if there was a legal question involved. City Attorney Mattas stated the Elections Code takes precedence over the City's procedures that the Council requires in the Municipal Code. Items that are over $10,000 would be in the competitive bid process, but the Elections Code takes precedence. What the Clerk did was proper for there are times when she may not have a sufficient amount of time to be able to entertain a competitive bid process. The legal authority appears to be there, that she does not have to follow the competitive bid process. Councilman Yee asked the Clerk how the $45,000 figure was derived. City Clerk Battaya stated the 1981 special Terrabay election was $30,000 and she brought the figure up to $45,000 which was just a wild guess for she had nothing to base it on. Councilman Yee stated so, it was not a cap that we agreed on. City Attorney Mattas stated the fee agreement that they signed also referred to estimated costs of $40,000-$45,000, but it was not a cap. As the Clerk pointed out the issue came up towards the end of the discussion of the ballot and the Clerk wasn't provided sufficient time - it was just an estimate. The discussion took place that night, Mr. Poland asked the approximate costs and he was provided with them and there was the expectation they would be covering the full cost of that election. Councilman Yee questioned if they could ask the printer to reduce the cost of the printing or is the City going to pay for it or is Hollywood Park going to pay for it - those are the three options. Mayor Drago replied, that is not the question - the City is not going to pay for it. The question is, is the City Clerk satisfied or feel justified that the cost of the printing for this election was comparable with the cost of printing of past elections. It is simple we just say to Hollywood Park - pay the bill. AGENDA AC_TIQN TAKEN ITEMS FROM COUNCIL 3. Consideration of letter - Continued. QOOD AND WELFARE CLOSED SESSION 14. Closed Session pursuant to GC 54957.6, for labor negotiations for the City Manager and all Units. RECALL TO ORDER: ITEMS FROM COUNCIL She stated she felt comfortable and also talked to Pacifiea because they used the Times for their elec- tion. She had documented all costs to be sent to Mr. Ito of Hollywood Park and had several conver- sations with him after he received the printing bill plus costs totaling over $66,000 and put him in touch with the Times Editor. She stated Mr. Ito was convinced that if I had gone out to bid for printing costs the bill would have been much less. I explained, on several occasions by telephone, that I was not required to go to bid by Elections Code. I further informed him that due to the election timetable for printing and proofing argu- ments, rebuttals, the ordinance and analysis time is of the essence for the election official where the bidding process is not practical or timely. Mayor Drago directed the City Manager to send a letter to Hollywood Park demanding payment. GOOD AND WELFARE Councilman Mullin asked staff to investigate: using information on other municipal services such as the library on the net super highway; who has car phones and could they be reduced by the use of cellular phones; check signal outside on El Camino for one sits in their car for a long time waiting for pedestrians to cross before the light changes; ab- sence of sidewalk on the south side of Chestnut before Parkway Estates. Vice Mayor Fernekes wants a Terrabay update on the next agenda. Councilman Penna wants the sidewalk looked at from Chestnut to Livingston. CLOSED SESSION Council entered a Closed Session at 10:08 p.m. to discuss the items noticed. Mayor Drago recalled the meeting to order at 11:20 p.m., all Council was present, no action was taken and direction given. M/S Penna/Yee - To adjourn the meeting. 1/24/96 Page 15 A~ENDA A~!~N TAKEN ~DJOURNMENT: Carried by unanimous voice vote. Time of adjournment was 11:21 p.m. RESPECTFULLY SUBMITTED, 'Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. .~.ck Drago, Ma~/. C~ty of South Sari/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. 1/24/96 Page 16