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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 8/14/96 Page 1 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 8/14/96 Page 2 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 8/14/96 Page 3 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 8/14/96 Page 4 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 8/14/96 Page 5 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 Page 11