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HomeMy WebLinkAboutMinutes 1997-02-26 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin --John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room 228 February 26, 1997 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO FEBRUARY 26, 1997 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 26th day of February 1997, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Public Safety awards to citizens City Clerk City of South San Francisco Dated: February 12, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Public Safety awards to citizens ADJOURNMENT: ACTION TAKEN 7:26 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Penna, Yee and Fernekes. Council Absent: None. Police Chief Raffaelli gave Public Safety Awards to Salvador Ruvalcaba and Julio Martin Roca and commended them for their actions. Fire Chief Stark gave a Public Safety Award to Garth Meeks and commended him for his actions. M/S Yee/Penna - To adjourn the meeting. Carried by unanimous voice vote. 7:32 p.m. 2/26/97 Page 1 A~ENDA A~TION TAKEN ..... ,RESPECTFULLY SUBMIT'rED, ar ara . attaya, City Clerk City of South San Francisco APPROVED. Jos~_ h' X. {.~ernekes, )d~or Cil/~ of S~th San F~ancisco 229 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. 2/26/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin --John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room February 26, 1997 230' CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. I) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ommunity Development Block Grant update by C_..DBG loordinator Fragoso ~-O'ig ~ ACTION TAKEN 7:33 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. The Pledge was recited. Rev. Francisco Baltadano, Mission del Espirito Santo, gave the invocation. PRESENTATIONS CDBG Coordinator Fragoso gave an update on the various projects under construction, in construction and going to construction which includes 305 Linden Ave., 306 Spruce, 200 Linden (temporary housing of the Grand Avenue Library), 731 Airport Blvd., the Liberty Hotel which is on the second floor of Bertolucci's, URM program at 615 Airport, 325 Grand Ave., Metro Hotel, City Hall handrails; work crews are working with P&R on the bay trail at Oyster Point and are also involved in Willow Gar- dens; Linden and Baden parking lot and Tapatia. Discussion followed: does the Grand Avenue Mexi- can Restaurant have funding and are they moving ahead; this took time for relocation of the restaurant and the living quarters by knocking out walls and doing the roof, for the owner had health problems; Ms. Fragoso thought it would be done by summer; monies from the Redevelopment Agency will take care of the URM work and the low and moderate funds will pay for the roof; these federal funds will rehab various projects without general fund monies being used; there will be a public hearing in March and another at the end of April for CDBG fund proposals; Councilman Datz- man felt this was a nice change from blight, deteri- 2/26/97 Page 1 A~ENDA ACTION TAKEN PRESENTATIONS AGENDA REVIEW City Manager Requested: - Remove Item No. 8. - Add a Closed Session, by a 4/5 vote, for pending litigation for an employee of the City was served with a lawsuit from Molieri, pending litigation pursuant to GC 54659. ORAL COMMUNICATIONS 231 PRESENTATIONS oration and negative things; Councilman Yee ques- tioned if the City can use these funds when the welfare reform program cease giving out SSI funds; staff should keep Council informed; City Manager and various staff members attended a seminar this morning with the County on non-profit agencies, and the County is concerned about babies without prenatal care and asked if cities will assist the Coun- ty; Councilman Mullin stated during the CDBG budget hearings Council should either set money aside or should look at those agencies that satisfy the most community needs; Councilman Yee would prefer the latter. AGENDA REVIEW So ordered. MIS Yee/Datzman - To add a Closed Session, pur- suant to GC 54659, on pending litigation Molieri vs. City of S.S.F. Carried by unanimous voice vote. ORAL COMMUNICATIONS Mr. Donald E. Mason, 10 Arlington Dr., expressed concern: on the construction of a crematory at 1950 El Camino Real in Colma, which is next door to Public Storage in S.S.F.; none of his neighbors were given notice of this use; its affect on the value of S.S.F. homes; whether or not residents will be able to smell the emissions, for many are elderly; the City Planner says that he cannot guarantee that you won't; the crematory has already been approved by the Colma City Council; the proposal by AAA Cremation Services states there are no residents near this site that will be affected, but they will be; the Manager of Public Storage lives there with his fami- ly, that includes small children, and he is very con- cerned with this use; he presented a petition signed by his neighbors; this will cause traffic problems and asked the Council to intervene, so this use will not go forward. 2/26/97 Page 2 A~ENDA A~TION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM 2/26/97 Page 3 232 ORAL COMMUNICATIONS Mr. Brock K. Burke, 1700 El Camino Real stated he is the Manager of Public Storage and reiterated many of the things said by Mr. Mason; he was afraid of the safety factors in creating a driveway for the crematorium; Public Storage tried to buy this same property and was told by Colma they could not cut down the trees, yet that condition was waived for the crematorium; he asked the Council to inter- vene and ban this use. Discussion followed: has the crematorium come to this City for a sewer permit; a permit has not been applied for, however, there is a sewer agreement with the Town of Colma; LAFCO is involved in the process; staff should acquire and review all the Colma documents and relate Council's options and find out why S.S.F. residents and the Council were not notified of this use going in and staff should send a letter to Colma citing Council's concerns over this use; Councilman Yee instructed staff to contact CalTrans about the driveway on El Camino, which is in their jurisdiction, between Hickey and this corner, for they may have a master plan of improvements; etc. COMMUNITY FORUM Councilman Penna related: some people are not satisfied with the windows put in through the insu- lation program, because the contractors will not put in the windows the home owner wants; anyone with this problem should call the Council hotline; he will be attending a Directors meeting of the Visitors & Convention Bureau and asked for any Council com- ments he could pass along, otherwise he will make his normal presentation. Vice Mayor Mullin related: there was a flyer dis- tributed in the City yesterday or today that had correct and incorrect home phone numbers of Councilmembers and he received several phone calls from residents for and opposed to BART; he appre- ciated the residents calls and would shortly be re- turning those calls. Mayor Fernekes related: he has a copy of the flyer that went out to some of this City's residents; the flyer has mistruths; this process has been going on for several years; the BART issue was voted on by AQENDA A~I!Q~ TAKEN ORAL COMMUNICATIONS CONSENT CALENDAR 1. Motion to approve minutes of the Special Meeting of 2/12/97. 2. Motion to confirm expense claims of 2/26/97. ~D/,3 Resolution authorizing submittal of an application to the San Mateo County HOME Consortium for funds available through the HOME Investment Partnership Act. $0 A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUNTY CONSORTIUM FOR HOME PROGRAM 233 ORAL COMMUNICATIONS the public to extend BART; the vote was 60% in favor of BART through this City; he has information for the public to address the misinformation; he found it irritating, for Council has worked hard for the residents, so that BART comes through our streets in the best possible way and that is Council's obligation; originally BART was to have been in a retained cut, that was the preferred alternative and the Council created a redevelopment area to fund undergrounding of BART; this was the first thing misrepresented in the flyer; gridlock on Hickey Blvd. - this is not expected to significantly disrupt traffic on Hickey Blvd.; etc. Councilman Datzman noted there was not an author of the flyer so people could respond to the Coali- tion One Stop Terminal (COST). Councilman Penna stated he also received phone calls with a preponderance number for BART and only two against. He made it a point to get phone numbers and make sure they were residents. He stated there is a flyer BART put out in response, and he proceeded to air his concerns about BART and its impact on this City relating to ridership, parking and proper bus service. Discussion followed: BART has indicated there will be a cut and cover without impact to Spruce Ave.; there will be impact during construction; the BART guidelines will be on the next meeting's agenda; citizens were encouraged to call BART for informa- tion. CONSENT CALENDAR Approved. Approved in the amount of $2,231,843.08. RESOLUTION NO. 14-97 2/26/97 Page 4 CONSENT CALENDAR AGENDA Resolution - Continued. FUNDING Resolution awarding a contract for a telecommuni- cations needs assessment to Wolfe and Associates. A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH WOLFE AND ASSOCIATES REGARDING TELECOMMUNICA- TIONS NEEDS ASSESSMENT Resolution rescinding the Joint Powers Agreement with San Mateo County and approving an mainte- nance agreement for the catchment basins in the Terrabay Project and a transfer of the obligation to San Mateo County. ~'O~'~/ A RESOLUTION RESCINDING THE JOINT POW- ERS AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO RELATED TO THE MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MO- UNTAIN DATED JUNE 21, 1983 AND APPROV- ING AN "AGREEMENT BETWEEN THE COUN- TY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO FOR THE MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MOUN- TAIN" Resolution awarding a contract for a telecommunica- tion needs assessment to Wolfe and Associates. 5'~ A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH WOLFE AND ASSOCIATES REGARDING TELECOMMUNIC- ATIONS 5. Resolution rescinding the Joint Powers Agreement 2/26/97 Page 5 ACTION TAKEN CONSENT CALENDAR Removed from the Consent Calendar for discussion by Vice Mayor Mullin. Removed from the Consent Calendar for discussion by Councilman Yee. M/S Mullin/Yee - To approve the Consent Calendar with the exception of Items No. 4 and 5. Carried by unanimous voice vote. Vice Mayor Mullin questioned the two phases. Assistant City Manager Moss related: staff will get formal bids, prepare an RFP and bring back the costs; there will be implementation and construction, and then they will train employees. M/S Mullin/Datzman - To adopt the Resolution. RESOLUTION NO. 15-97 Carried by unanimous voice vote. Councilman Yee stated he did not have an objection AGENDA ACTION TAKEN 5. Resolution - Continued. with San Marco County and approving a maintenance agreement for the catchment basins in the Terrabay Project and a transfer of the obligation to San Mate9 County. ~7o gq T'~RRg~ A RESOLUTION RESCINDING THE JOINT POW- ERS AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO RELATED TO THE MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MO- UNTAIN DATED JUNE 21, 1983 AND APPROV- ING AN "AGREEMENT BETWEEN THE COUN- TY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO FOR THE MAINTENANCE OF CATCHMENT BASINS ON SAN BRUNO MOUN- TAIN'' ADMINISTRATIVE BUSINESS 6. Resolution authorizing an agreement with San Matex) County to continue administration of the First Time Homebuyer and the Mortgage Credit Certificate Pro- gram. ~"~ ~' A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN MATEO COUNTY TO CONTINUE ADMINISTRATION OF THE FIRST TIME HOME BUYERS PROGRAM AND MORTGAGE CREDIT CERTIFICATE PRO- GRAM Resolution approving $25,800 for a marketing pro- . ~ gram for the Conference Center. ~t9 "/ 235 on the agreement, but was concerned about there being a hold harmless clause as there is in the next item. City Attorney Mattas stated he would add the hold harmless language wherein the access in S.S.F. is privately owned and we are not responsible. If something affects surrounding property, we may need the County to defend us. He sees no harm in a mutual hold harmless clause with joint negligence, even though ours is remote. He will add this to the County agreement. M/S Yee/Penna - To adopt the Resolution with the amended language in the agreement. RESOLUTION NO. 16-97 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS CDBG Coordinator Fragoso related: this was a program continued from 1994, and no additional funding is required; this just authorizes the County to continue administration of the funds fully expend- ed and no new funds are anticipated unless the fund is paid back; the administration is through lending institutions where an individual cannot meet loan requirements and a bank will call the County to see if any of these funds are available; the MCC pro- gram is on-going and assists first time home buyers with tax deductions; she stated there is a County table attached to the staff report that is misleading; there is a maximum $35,000 loan with 3% interest for 20-30 years, but there are no funds available now. Vice Mayor Mullin noted the MCC mortgage chart does not make sense, and when he sees errors like this he suspects the whole program. M/S Penna/Datzman - To adopt the Resolution. RESOLUTION NO. 17-97 Carried by unanimous voice vote. M/S Yee/Datzman - To adopt the Resolution. RESOLUTION NO. 18-97 2/26/97 Page 6 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. A RESOLUTION APPROVING BUDGET AMENDMENT NO. 97-13 TO THE 1996-1997 OPERATING BUDGET TO REALLOCATE $25,800 FROM ACCOUNT NUMBER 10-07110- 4380 TO FUND THE PORTION OF SOUTH SAN FRANCISCO HOSPITALITY SALES/MARKETING PROGRAM 8. Resolution approving a LAFCO umbrella agreement for sewer hookups in Country Club. 5 / q cd A RESOLUTION APPROVING AN AGREEMENT WITH LAFCO RELATED TO SEWER HOOKUPS IN THE COUNTRY CLUB AREA 9. Mid-year budget review. .5" 236 ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. Councilman Penna stated, even though the item was removed, people are interested in when this will be on the agenda. City Manager Wilson stated it will be on the next agenda. Finance Director Brooks related: there are ten revenue sources; there is a total of $28,823,745 in revenue which by the end of the year will be $29,344,184; there is a surplus of $524,000 which is 1.8% over the conservative forecast; sales tax will be higher; property tax won't change; T.O.T. is up 14% by 85-90% occupancy; business licenses will be slightly lower than projectures because current businesses have fewer employees while those busi- nesses leaving the City had more employees. Discussion followed: the projection was higher in business licenses than last year; what is annual sewer revenue from 15,000 residents; $7 million from residents and business; what can be done with the Transit Occupancy Tax; it is in the General Fund and can be used for anything; Councilman Datzman wants to keep businesses, and focus on what the hotels do for the community; the Finance Director is looking at a total budget of $32,979,000 for the end of the year with $740,000 unexpended that will go into reserves, and said the City is in a good financial position thanks to Departments staying within their budgets; Vice Mayor Mullin complemented the Departments for staying within their budgets; Coun- cilman Yee stated a number of years ago the Coun- cil had looked at creating an incentive for those who try to save costs, rather than just keeping their jobs; he would like to establish an incentive program to reward departments; Vice Mayor Mullin was at an employee relations conference and brought back 2/26/97 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Mid-year budget - Continued. 10. Consideration of status on the Personnel Board by Boardmember Scaletti. 237 ADMINISTRATIVE BUSINESS tapes that mentioned Pittsburgh has an incentive program and there are a couple in Southern Califor- nia; he asked staff to contact the City Attorney of Pittsburgh and track this; Councilman Penna agrees to the concept of a bonus program, for businesses always give bonuses when there is a profit and he sees the $500,000 as a profit from all the employ- ees, and he would also like to give back some of the profit to the residents - like lowering the sewer rates; City Manager stated it is returned to the Gen- eral Fund and the surplus is used to improve the capital improvement program for the community; Councilman Penna suggested giving the 400 employ- ees $50.00 each as a bonus; Councilman Datzman asked if they were talking about a management incentive program, but they have to talk about de- partment heads and then talk about extending it further down; Mayor Fernekes asked that it be scheduled for a study session. City Attorney Mattas stated the ordinance requires Boardmembers to be electors of the City, Mr. Scale- tti's application stated he is, he has served since 1991 and staff recently learned that Mr. Scaletti has not been a registered voter for six years. The Coun- cil acted on a similar situation recently and he pro- ceeded to advise the Council of their options since Mr. Scaletti registered effective 1/28/97: the Council may acknowledge that he is a registered voter or remove him from the Personnel Board. Mr. Scaletti told him that he thought he was registered previous- ly with his wife, and is here to respond to questions. Mr. Scaletti stated this caught him by surprise, for in 1990 he registered with his wife, but found out a few weeks ago he was not registered. Councilman Datzman stated Mr. Scaletti's wife is a registered voter and gets voter pamphlets, so why did Mr. Scaletti not notice there was not one for him. Mr. Scaletti stated he read his wife's, he has been away for six months during an election and was away during other elections. Councilman Penna noted that the County made a mistake in the past and questioned what assurance the Council had that Mr. Scaletti was not registered. 2/26/97 Page 8 A~ENDA ADMINISTRATIVE BUSINESS O. Consideration - Continued. LEGISLATIVE BUSINESS 11. Motion to adopt an ordinance establishing a voluntary campaign expenditure limit for elections to City offic- es as a result of the passage of Proposition No. 208. AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE LIMIT FOR ELEC- TIONS TO CITY OFFICERS AND ADDING SEC- TION 2.16.020 TO TITLE 2 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE _AC!!QN TAKEN P38 ADMINISTRATIVE BUSINESS City Attorney Mattas stated his Office and the City Clerk verified, on three separate occasions, that Mr. Scaletti did not have a registration status as a regis- tered voter. Councilman Datzman stated he was prepared to make a motion because we took action on a similar case due to a policy. Councilman Yee was concerned because the Council did take action on another case. In 1990 Mr. Seal- etti thought he had registered and let it go - can Mr. Scaletti demonstrate that he did in fact register. Does Mr. Scaletti's wife know or someone, for he did not want to not believe Mr. Scaletti, but they had facts from the County that he is not a registered voter. He asked if Mr. Scaletti was aware of the earlier case of a Boardmember not being a registered voter. Mr. Scaletti stated yes, but he thought a background check was made by the County. Vice Mayor Mullin stated he concurred with Coun- cilman Datzman, we set a precedent and we don't do background checks. In this question we have to rely on the County Clerk's Office and he is prepared to use the information that Mr. Scaletti has not been a registered voter and has not voted in six years. M/S Datzman/Mullin - To remove Mr. Scaletti from the Personnel Board for non-compliance as a regis- tered voter. Carried by majority voice vote, Councilman Yee voted no. LEGISLATIVE BUSINESS Councilman Yee stated that after the last Council meeting people talked to him for there was a lot of confusion. One woman thought he was not agreeing with a cap, which is not the case, for this is not election reform. The voluntary ordinance says we limit it to $20,000, the other says you can spend as much as you want. Someone said the advantage is to the incumbent and the lower limit is in his favor, yet he wants to make it higher for the advantage of the person running against an incumbent. A person 2/26/97 Page 9 A~NDA LEGISLATIVE BUSINESS 1. Motion - Continued. ITEMS FROM COUNCIL 2/26/97 Page 10 ACTION TAKEN 239 LEGISLATIVE BUSINESS can receive $250.00 per person if they accept the voluntary limit and $100.00 if he does not accept the voluntary limit, yet in the last election only two people spent more than $20,000.00. Vice Mayor Mullin related: he could not disagree more, Proposition 208 is not reform, but is on the first steps of run away control in election spending; he reiterated his statistics from the last meeting; this is an encouragement that triples the amount and no one is going to spend $60,000 for a $300.00 job; someone cannot go out in the last few days and collect thousands of dollars; $20,000 is enough to run a campaign and if you exceed it you give the voluntary people the opportunity to spend three times that amount; people overwhelmingly passed Proposition 208, but it is not a perfect vehicle. Councilman Datzman stated there was a healthy debate two weeks ago, but the feedback was mother and apple pie. This was arbitrary and rushed and when people ask him in November, for he has no problem with the $20,000 limit, but it is a disad- vantage to the unknown. He reiterated his concerns about the lack of inflation provisions for future elections, for the ordinance is well intentioned but there is trouble with the wording. Councilman Penna agreed money had to be taken out of elections, and yes this is not perfect legisla- tion, but is a step in the right direction and he will vote affirmatively. Mayor Fernekes agreed it is not a perfect initiative, but it is here and it gives options for both and he will continue his yes vote. M/S Mullin/Penna - To adopt the Ordinance. ORDINANCE NO. 1201-97 Carried by majority voice vote, Councilmembers Datzman and Yee voted no. ITEMS FROM COUNCIL Councilman Yee related: he received a letter from the Mayor of Foster City who is concerned with the Airport's 101 extension; when the item comes up in A~ENDA ITEMS FROM COUNCIL GOOD AND WELFARE l la. Closed Session, pursuant to GC 54659 pending litigation with Molieri vs. City of S.S.F. RECALL TO ORDER: DJOURNMENT: _AC_TIQN TAKEN 24O ITEMS FROM COUNCIL the Roundtable meeting about the airport extending a couple of hundred feet from Highway 101 back into Millbrae and want the Council to be aware of this issue; the airport says they need that space to ac- commodate larger aircraft for landings and take-offs with safety and efficiency. Councilman Penna stated runway IL and 1R take off over Millbrae, go out over the bay, and both are shorter than runway 27. Others take off over the gap and bank hard over the industrial center of S.S.F. and then go east. Councilman Yee felt it was advantageous for Council to support Millbrae. Mayor Fernekes related: there will be a grand opening of Starbucks this Friday from 11:00 a.m. - 1:00 p.m.; there is to be a generous contribution to after school sports once Starbucks is open for all the proceeds for a particular date will go towards the contribution. Councilman Yee stated he will be away from the City from 3/11/97 through 3/27/97 and will miss the next two Council meetings. GOOD AND WELFARE No one chose to speak. City Attorney Mattas corrected the earlier misstated Government Code Section cite to GC 54956.9. Council entered a closed session at 10:27 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 11:09 p.m., all Council was present, no action was taken and direction was given. M/S Yee/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:10 p.m. 2/26/97 Page 11 AGENDA ACTION TAKEN -- 241 RESPECTFULLY SUBMITrED, Barbara A. Battaya, Cit City of South San Francisco APPROVED. ~:.~f ~ ;t~t~r~kne~'r aMn ~ss 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. 2/26/97 Page 12