HomeMy WebLinkAboutMinutes 1996-08-14 Mayor Jack Drago
Council:
loseph A. Fernekes
Eugene R. Mullin
.--lohn R. Penna
Robert Yee
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
AUGUST 14, 1996
MINUTES
City Council
Municipal Services Building
Community Room
August 14, 1996
VOL.
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that
the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 14th day of August
1996, at 6:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco,
California.
Purpose of the meeting:
Closed Session pursuant to GC 54956.95, regarding a claim by Danillo Molieri.
Interview of applicants for the Library Board.
City Clerk
City of South San Francisco
Dated: August 9, 1996
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Closed Session pursuant to GC 54956.95, regarding a
claim by Danillo Molieri.
RECALL TO ORDER:
Interview of applicants for the Library Board.
ACTION TAKEN
6:06 p.m. Mayor Drago presiding.
Council Present:
Council Absent:
Fernekes, Mullin, Yee and
Drago.
Penna.
Council adjourned to a Closed Session at 6:07 p.m.
to discuss the noticed item.
Mayor Drago recalled the meeting to order at 6:38
p.m., all Council was present, no action was taken.
Mayor Drago stated he would personally interview
the three applicants outside of the meeting and at the
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AGENDA ACTION TAKEN ~.
2. Interview of applicants for the Library Board - Con-
tinued.
ADJOURNMENT:
first meeting in September would present recom-
mendations for Council concurrence on one of the
three applicants - Eleanor Breite, Mina Richardson
and J. Kay Olson.
M/S Fernekes/Mullin - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:04 p.m.
RESPECTFULLY SUBMITTED,
APPROVED.
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
~ce of the City Clerk and are available for inspection, review and copying.
8/14/96
Page 2
Mayor Jack Drago
Council:
Joseph A. Fernekes
Eugene R. Mullin
--lohn R. Penna
Robert Yee
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
AGENDA REVIEW
ORAL COMMUNICATIONS
8/14/96
Page 1
MINUTES
City Council
Municipal Services Building
Community Room
August 14, 1996
VOL.
ACTION TAKEN
7:47 p.m. Mayor Drago presiding.
Council Present:
Council Absent:
Fernekes, Mullin, Perma, Yee and
Drago.
None.
The Pledge was recited.
Rev. Montanio, New Life Faith Center, gave the
invocation.
PRESENTATIONS
Mayor Drago acknowledged the achievements of the
following people: Recreation Service Manager
Wong as one of the 66 tennis umpires at the Olym-
pics in Atlanta; Councilman Penna for winning third
prize in photography at the San Mateo Fair.
AGENDA REVIEW
City Manager Wilson stated there were no changes
to the Agenda.
ORAL COMMUNICATIONS
Mr. Gabe Gonzalez, Jr., 254 Country Club Dr.,
asked the Council for an extended sewer service
agreement between himself and the City. He relat-
ed: he was building a home at 254 Country Club
Dr.; he has a sewer easement on an Exhibit A with
easement rights; previously when they made Pisa
Court there were three sewer laterals on the corner
of Constitution and Pisa for these two lots; he
showed documents containing a map and Exhibit A
which he says shows the actual lateral connection
which, he felt, would be his connection; he pulled a
permit from the County last Thursday and was not
aware that he needed to get this sewer service
agreement before the permit could be issued for the
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
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ORAL COMMUNICATIONS
home; Monday he received a phone call from the
County Engineer telling him they suspended the
permit because there was not a sewer agreement
with the City; so, as of Monday the job has been
closed down and he was here to see if this could be
resolved.
Mayor Drago stated the item has not been agend-
[zed, so the Council cannot act on it and the item
will be agendized at the second meeting in Septem-
ber.
Mr. Gonzalez, Jr. asked if the Council can take
some kind of poll because the County will be easily
satisfied with a paper saying we have come to some
kind of agreement.
Mayor Drago stated Council was bound by State law
and cannot act on items not on the Agenda, so peo-
ple will know it is on the Agenda, in case they do
not have the ability to be here.
City Manager Wilson stated there was a letter in
Council's Friday night packet from an individual
concerning the same area.
Mr. Gonzalez, Jr. stated the letter was concerning
the adjacent lot.
Councilman Penna asked that the item be added to
the Agenda as an emergency item and discussed
tonight. He asked the City Engineer if there are two
laterals on the property
City Engineer Wong stated there were two items in
the Country Club area - Mr. Gonzales's sewer ex-
tension for his parcel and a parcel next to his parcel
requesting annexation into the City.
Councilman Penna questioned: there are two laterals
on the property, one going to Mr. Gonzalez' proper-
ty; are these sewer lines that exist in Country Club
to his property; if they exist why are they not ac-
knowledged.
City Engineer Wong responded: the laterals were
put in by the Developer and as far as he knows
they exist; the City acknowledge they exist, but
they cannot provide a permit to let them build on it
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
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ORAL COMMUNICATIONS
without permission for they do not have any ac-
knowledgement they can be served with a sewer
extension.
Mayor Drago stated this came up a few years ago
dealing with annexation and the Council made an
exception for the Nunnery and some other sewer
hookups. He asked if Mr. Gonzalez was speaking
of annexation.
Mr. Gonzalez, Jr. replied no, he was trying to
satisfy the County because his permit was frozen,
he was not considering annexation, however, next
door is Mr. Poletti's lot that is for sale. He stat-
ed the person who had asked about the annexation -
that he does not own the lot, he just sent the letter.
He stated he wants to tie his sewage into the one
on Pisa. He stated that the letter concerning annex-
ation of Mr. Poletti's lot, that was up for sale, had
been confused with his request for the sewer exten-
sion.
Mayor Drago asked if this could be discussed, if it
was an emergency.
City Attorney Mattas replied: it can be added to the
Agenda on a 2/3 vote because it needed immediate
action after the Agenda was closed; the concern he
would raise is the policy direction previously given;
this is not involving annexation, however, sewer
hookup permits ne~d LAFCO approval.
Mr. Gonzalez stated LAFCO's approval has not
been obtained, he talked to their Director, Mr.
Wong gave him the application and as soon as he
has the paperwork LAFCO will be his last step if
the Council allows the connection.
Discussion followed: the sewer services agreement
is subject to LAFCO approval if the connection is
allowed by Council; Councilman Yee stated the
property is not in the City limits and Mr. Gonzalez
was unaware that he needed a permit to connect to
the sewer - yet, shouldn't he be aware that a sewer
connection had to be done, either through the City
or the County; Mr. Gonzalez stated he does not
have twenty years of experience building houses for
he is building this house for himself; he knew he
needed permits from Cai Water and something from
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
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ORAL COMMUNICATIONS
the School District; Mr. Gonzalez stated he could
not afford to be shut down for 30 days; Councilman
Yee pointed out the process the Council has fol-
lowed in the past with sewer connections outside the
City and did not feel this was such an emergency,
even though he sympathizes with Mr. Gonzalez and
would deal with the item in the future; Mr. Gonza-
les stated he has family members helping him build
his house who took time off and a delay is crucial to
him; Councilman Yee asked if there was an agree-
ment for the laterals and who has it; etc.
Mr. Lou Poletti, 333 El Camino Real, related:
about seven years ago Standard Buildings purchased
the Nursery with consideration that these two lots be
held out, so he purchased the two lots from Standard
Builders; he was told the City wanted an easement
agreement for 35' because the street was narrow; he
told Standard Brands to get permission to put in 3
laterals and he gave them the necessary land, but he
wanted the laterals, curbs and sidewalks in and did
not know if the laterals are in. He stated without
the laterals he would never have given up the land,
for the street for someone in Engineering told him it
would be simpler with a road easement. He stated
the City now has the road easement on the half of
the street and there are three laterals in Country
Club, they are plugged and it is obvious those three
laterals were discussed during the construction of the
16 quality homes.
He does not know anything about the emergency
thing, but he thinks there is some commitment for at
least 2 of the 3 sewer commitments for you can only
put the two homes otherwise he would not have
given permission for the laterals.
Discussion followed: the City Attorney has not seen
the copy of the plans; the laterals have been record-
ed, there are notations; so, does it need Council's
approval or could it be administratively done by the
City Engineer; City Attorney stated, if in fact the
agreement has a deal that was struck with the adja-
cent property owner that conferred the right, then
the Council has taken action and the City Engineer
has the authority; he wants to speak with the City
Engineer and review the document to see if such a
right has been conferred; the City Engineer could
act on it tomorrow assuming the agreement exists;
AGENDA ACTION TAKEN 7
ORAL COMMUNICATIONS
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ORAL COMMUNICATIONS
Councilman Yee stated it would be unique that a
staff member can overrule a Council decision, be-
cause the staff has no authority over property out-
side the City; Councilman Yee wants more data and
his position, if in fact the City agreed to have the
laterals, was for servicing the lots; if that is not the
case, then we have to start from the beginning; so,
if that is the City's commitment with the map then
you have the approval and that is the best commit-
ment Council can give him tonight because we don't
have a document in front of us; Mr. Poletti stated
engineering allowed the laterals to go in; the City
Engineer did see a plan with 3 laterals; City Attor-
ney stated it depends on how the document is put
together, if it is on the plans that is significant so, to
approve it based on the City Engineer's approval
even absent the agreement because the agreement is
not to show a public easement; there appears to be
strong evidence of intent; City Engineer is to look at
the plans with the City Attorney for conformance;
Council action is not necessary, for staff can admin-
istratively go to LAFCO depending what the plans
show if there is enough evidence that the past Coun-
cil was in agreement that those two lots would be
hooked up and Mr. Gonzalez is home free; what
delays occur depend upon the County, but Mr.
Gonzales has a better than equal chance with at lease
a good chance of City approval; the map was re-
corded with the laterals; etc.
M/S Yee/Fernekes - To add to the Agenda the sewer
hookup for Mr. Gonzalez and the basis is there is a
need to take immediate action because he is in the
early stages of construction and this item came to
the Council's attention to late for the posting of the
Agenda.
Carried by unanimous roll call vote.
M/S Yee/Mullin - To allow Parcel No. 013-132-020
to connect to the City sewer providing there is an
existing lateral and agreement as proven by the City
Engineer and City Attorney.
Carried by unanimous voice vote.
Mr. Pat Nobis, 125 Aldenglen Dr., stated he was
happy to report there were no life threatening things
occurring which he attributed to the Police Depart-
AGENDA AC_TIQN TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
8/14/96
Page 6
ORAL COMMUNICATIONS
ment who have been diligent in patrolling the area
and are taking care of the matter. He asked if May-
or Drago was able to find, in the staff report, the
City Planner's recommendation - which is not a
question now. He asked if Councilman Yee was
able to obtain other police reports and is satisfied for
there are only 3 reports for this year for the police
purge reports.
Ms. Maggie Pierson, Art Rise, announced their next
production on 9/6/96-9/20/96 is Bells which has 6
sisters in 2 acts and 39 phone calls. Opening night
will feature dessert at 7:00 p.m. and it will be a
fund raiser.
COMMUNITY FORUM
Councilman Penna spoke of a letter from Liberty
Market saying they have received a good response
from the Police Department.
Mayor Drago stated a letter was also received from
residents in Mayfair Village, which he felt was very
good.
Councilman Mullin related: last month he, the
Chamber and staff made two visitations to two of
the larger businesses to talk about City retention and
he was happy to report both of the companies were
complimentary to staff indicating their concerns
were met with alacrity. He spoke in depth of efforts
to attract new businesses and stated it is an on-
going effort.
Mayor Drago related: that a solution to crime is
jobs; each business will be sent a flyer asking
them to inform the City of their openings showing
salaries, duties and benefits and these will be placed
in the Libraries and in the Personnel Dept.; this was
started in Palo Alto; tonight the Council was extend-
ing the hours at the W. O. Library to 9:00 p.m. on
Wednesday and in September we are going to have
an afternoon tea because of improving the services;
on August 24th the City will be dedicating the mural
opposite the train station and will name a train after
the City; he invited everyone to join him at 9:30
a.m. at the train station for there will be refresh-
ments and the artist will be present.
COMMUNITY FORUM
CONSENT CALENDAR
1. Motion to approve Minutes of the Regular meeting of
7/10/96, Special Meeting of 7/24/96 and Regular
Meeting of 7/24/96.
2. Motion to confirm expense claims of 8/14/96. 50 /
3. Motion to cancel the Regular Meeting of 8~28~96. 511,g
4. Motion to adopt an ordinance establishing an under
ground utility district on Tennis Drive. f-'~06't9
~/~7
AN ORDINANCE ORDERING REMOVAL OF
OVERHEAD STRUCTURES, WIRES AND FA-
CILITIES AND INSTALLATION OF
UNDERGROUND WIRES AND FACILITIES IN
THE TENNIS DRIVE UNDERGROUND UTILITY
DISTRICT
Motion to adopt an ordinance amending the zoning
map and reclassifying 636 Forbes Blvd.
AN ORDINANCE OF THE SOUTH SAN FRAN-
CISCO CITY COUNCIL AMENDING THE ZON-
ING MAP OF THE CITY OF SOUTH SAN FRAN-
CISCO BY RECLASSIFYING 636 FORBES BOU-
LEVARD (APN 015-232-250) FROM PLANNED
INDUSTRIAL (P-I) TO PLANNED INDUSTRI-
AL/RESEARCH AND DEVELOPMENT DISTRICT
(P-I/R&D)
Resolutions establishing revised fee agreements with
the Town of Colma for police dispatch services and
with the Colma Fire Prevention District for fire dis-
patch services.
A RESOLUTION AUTHORIZING A REVISED FEE
COMMUNITY FORUM
Vice Mayor Fernekes stated he read the newspapers
the other day about the Hilton Hotel, it is going to
remain open one or two years which will change the
funding for the Visitor & Convention Center.
Councilman Mullin commented: on the excellent
analysis of the Visitors & Convention Center fund-
ing events; he wanted the schools to receive infor-
mation also on job availability for those leaving high
school.
CONSENT CALENDAR
Removed from the Consent Calendar for discussion
by Councilman Mullin.
Approved in the amount of $3,215,491.41.
ORDINANCE NO. 1189-96
ORDINANCE NO. 1190-96
8/14/96
Page 7
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolutions - Continued.
AGREEMENT WITH THE TOWN OF COLMA
FOR POLICE DISPATCH SERVICES
A RESOLUTION AUTHORIZING A REVISED FEE
AGREEMENT WITH THE COLMA FIRE PRE-
VENTION DISTRICT FOR FIRE DISPATCH SER-
VICES
Motion to approve Minutes of the Regular Meeting of
7/10/96, Special Meeting of 7/24/96 and Regular
Meeting of 7/24/96.
ADMINISTRATIVE BUSINESS
Discussion and direction regarding the City's interest
in negotiating potential incentives in the form of fee
forgiveness, in-kind services or economic write
downs to attract major hotel development. ~'O ~ a/
CONSENT CALENDAR
RESOLUTION NO. 127-96
RESOLUTION NO. 128-96
M/S Fernekes/Penna - To approve the Consent
Calendar with the exception of Item No. 1.
Carried by unanimous voice vote.
Councilman Mullin requested the following changes
in minutes: meeting of 7/24/96 under Presentation
should read Spare the Air, rather than Space the
Air; page 16 final sentence should read, be a reeval-
uation, rather than he a reevaluation; minutes of
7/10/96, page 4 last paragraph should read Mr.
Molieri implicated, rather than Mr. Molieri imple-
mented; and the reference to capacity of 13 and 9,
should read 13 MGD and 9 MGD.
M/S Mullin/Penna - To approve the Minutes of the
Regular Meeting of 7/10/96, Special Meeting of
7/24/96 and Regular Meeting of 7/24/96 as amend-
ed.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
City Manager Wilson related: the SFIA major
expansion will attract Pacific Rim traffic and cus-
tomers; what part of the expansion will be advanta-
geous to this City for there are a certain amount of
negatives in traffic that will impact this City; staff is
encouraged by the recent tourism approaching the
City and it may be good to attract a large facility, a
300-400 room hotel, although we are in contention
with San Francisco, but we have the proximity to
the Airport and the City; the Coordinator of
Economic & Community Development will explore
incentives the City can promote and staff will take a
proactive approach with proper documentation; etc.
Coordinator of Economic & Community Develop-
8/14/96
Page 8
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
Discussion- Continued.
o
Resolution of intention to participate in continued
development of a countywide ALS (Advanced Life
Support) System Program and to commit to fund
continued research and development with an amount
not to exceed $10,000.00.
A RESOLUTION OF INTENTION TO PARTICI-
ADMINISTRATIVE BUSINESS
ment Beyer related: obviously a hotel, what we call
a first class or top quality hotel, of 350 rooms is an
asset to the community and contributes TOT of
$450,000-$500,000 to the City; he has outlined the
fees, if we have an incentive, of what the range of
fees might be.
He continued: he suggested streamlining the permit
process; providing financial assistance in the form of
infrastructure and possibility of land acquisition or
operating subsidy in the first year to make it work;
if the City moves forward it would depend on the
process and the cost; moving the occupancy up to
60%; preparing a marketing program; etc.
Discussion followed: Councilman Yee endorses the
concept, but rather than waive the fee, use the TOT
to offset it; he wants to set up some sort of process
to directly meet with these people early on - either
with the Mayor or Vice Mayor to encourage busi-
nesses; Mayor Drago and Councilman Penna agreed
and felt it was an excellent suggestion; Councilman
Mullin asked if this was inspired in-house or has the
City been approached by people; City Manager
Wilson stated he was approached by a Council-
member; Councilmember Mullin wants to make sure
the incentives do not disadvantage existing business-
es; the Council should go whole hog if there is an
interest, but Councilman Mullin does not want a
fishing expedition with the Airport expansion; the
City Manager will put in some staff time for a pro-
motion and spend a few thousand dollars; Mayor
Drago wants to put out a video, publicizing this
City, with the important words, "location, location,
location"; could use money from redevelopment
from the downtown and package something to
pledge a new stream of funds; the City can use TOT
funds for limited periods of time; Mayor directed
that a first class video be done by a firm and go out
and get the businesses; City Manager will put it in
content form and bring it back to Council.
Fire Chief Stark related: County Managers and Fire
Chiefs are taking on a challenge to improve revenue,
provide services from private providers to over 50
fire companies; there are still unresolved issues with
labor that are being worked on; the County has a 9
minute response to calls; this City's first response
and ambulance service is provided within 3-5 min-
8/14/96
Page 9
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
3. Resolution - Continued.
PATE IN A COUNTYWIDE ALS (ADVANCED
LIFE SUPPORT) SYSTEM
ITEMS FROM COUNCIL
9. Appointments to the Cultural Arts Commission, the
Library Board and the Conference Center Authority
by the Mayor with the concurrence of the Council.
.5' o q
GOOD AND WELFARE
CLOSED SESSION
10. Closed Session pursuant to GC 54957.6, to meet with
its designated representatives - City Manager, Direc-
tor of Personnel and City Attorney on labor matters
for the Fire Department personnel; and pursuant to
GC 54956, conference with legal counsel on pending
litigation United Anglers vs. City of S.S.F.
ECALL TO ORDER:
ADMINISTRATIVE BUSINESS
utes; planning to bring all firemen up to ALS skill
levels; put fire and emergency services into one
dispatch or on a regional dispatch position paper as
being suggested by labor; etc.
Mayor Drago stated he believes regionalization
should take place, he supports it, 20 cities want to
go into this, this is for the whole County, but the
document is vague.
M/S Fernekes/Penna - To adopt the resolution.
RESOLUTION NO. 129-96
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Mayor Drago recommended the following: Eliza-
beth Nisperos to the Cultural Arts Commission;
re, appointment of Library Board Member Carol
Lefcourt and make other Library appointments in
September; reappoint Councilman Penna and Vice
Mayor Fernekes, Julio R. Bonilla, David Connor
and Bob Rodriguez to the Conference Center Au-
thority.
M/S Yee/Mullin - To concur with the Mayor's
recommendation on appointments to Boards and
Commissions.
Carried by unanimous voice vote.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at 9:35 p.m.
Mayor Drago recalled the meeting to order at 10:34
p.m., all Council was present, no action was taken
and direction was given.
8/14/96
Page 10
AGENDA ACTION TAKEN
ADJOURNMENT:
M/S Fernekes/Penna - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 10:34 p.m.
RESPECTFULLY SUBMITTED,
APPROVED.
Barbara A. Battaya, City Clerk~/
City of South San Francisco
/
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral 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.
8/14/96
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