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HomeMy WebLinkAboutMinutes 1998-05-13Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes Karyl Matsumoto lohn R. Penna SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MAY 13, 1998 MINUTES City Council Municipal Services Building Community Room May 13, 1998 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 13th day of May 1998, at 7:10 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 54956.9(b) conference with legal counsel on anticipated litigation - number of cases - one. City Clerk City of South San Francisco Dated: May 12, 1998 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session, pursuant to GC 54956.9(b) conference with legal counsel on anticipated litigation - number of cases - one. RECALL TO ORDER: ACTION TAKEN 10:08 p.m. Mayor Mullin presiding. Council Present: Datzman, Fernekes, Matsumoto, Penna and Mullin. Council Absent: None. Council entered a Closed Session at 10:09 p.m. to consider the item noticed. Mayor Mullin recalled the meeting to order at 10:51 p.m., all Council was present, no action was taken and direction was given. M/S Datzman/Penna - To adjourn the meeting. 5/13/98 Page 1 AGENDA ACTION TAKEN ~DJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk~ City of South San Francisco Carried by unanimous voice vote. Time of adjournment was 10:52 p.m. APPROVED. 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. 5/13/98 Page 2 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes Karyl Matsumoto lohn R. Penna MINUTES City Council Municipal Services Building Community Room May 13, 1998 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: ~ESENTATIONS Proclamation - Water Awareness Month, May 1998 Gene Gravelle of California Water Service Proclamation - Historic Preservation Week - May 10-16, 1998 - Historic Preservation Week - May 10-16, 1998 Historic Preservation Chairman Robert Mowat ..6-0 q ~ Police Commendation - Police Officers Cody Minick, Michael Andriani, Michael Rudis, Daniel Gil, Adrian Passadore and Ronald Cerf, Ms. Careena Laney and Ms. Melanie Wylie ACTION TAKEN 8:15 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Fernekes, Matsumoto, Penna and Mullin. None. The Pledge was recited. Rev. Richard Neely, Grand Ave. Baptist Church, gave the invocation. Mayor Mullin stated the Council will adjourn tonight's meeting in honor of former Mayor Guido Rozzi who passed away yesterday. PRESENTATIONS Vice Mayor Datzman read the Proclamation aloud and presented it to Mr. Gravelle. Mayor Mullin read the Proclamation aloud and presented it to Robert Mowat. Mayor Mullin stated he will recess the meeting in 15 minutes to allow the high school student's agendas to be checked off so they can leave the meeting. Police Chief Raffaelli stated that Melanie Wylie worked on cargo thefts of 1/23/98 by assisting the police and locating the real name of a suspect and $60,000.00 of warrants. He presented the Purple Heart to Cody Minick for being knocked down by the suspect's vehicle while responding to a burglary in Westborough on 12/31/97. Two juveniles, ages 11 and 16, were swept into Colma Creek and car- ried a mile down stream at 10 to 15 miles an hour. He stated Officer Passadore jumped in the stream with a garden hose to facilitate the rescue and he and boys were swept along. The other officers 5/13/98 Page I AGENDA ACTION TAKEN PRESENTATIONS Fire Dept. Good Samaritan Award - Nancy Meintz Cultural Arts Chairman Burgess - Winners of the Joint Cultural Art Commission/Public Library Poetry Contest ECESS: RECALL TO ORDER: AGENDA REVIEW City Manager Wilson Requested: - Continue Item 12 due to noticing. - Open the Closed Session and also open the Special Meeting. ORAL COMMUNICATIONS PRESENTATIONS responded and the following were presented with Certificates of Recognition - Explorer Carina Lane, Fire Fighter Ron Cerf. Certificates of Meritorious Conduct were given to Angela Andriani, Mike Rudis and Danny Gil. He presented a Model of Valor to Adrian Passadore. Mayor Mullin stated he could not tell the individuals how proud the Council was of their efforts. Fire Education Specialist Kennedy gave the Good Samaritan Award to Nancy Meintz for giving CPR on 3/6/98 to someone at work and her efforts before the paramedics arrived, and saved his life. Mr. Burgess stated that Joe Peterson of S.S.F. High School won the award with his "Blue and Grey Asphalt", however, he was not present this evening. Mayor Mullin stated Joe Peterson also participated in the Youth Government Day by representing Councilman Penna. Mayor Muilin called a recess at 8:45 p.m. Mayor Mullin recalled the meeting to order at 8:57 p.m., all Council was present. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Sophie Mason, 10 Arlington Dr., directed Council's attention to a public hearing notice issued by Dan Lundgren for the Department of Gambling Control. This is on the economic feasibility for the Colma gambling casino and in here it states that it is going to be held at the Colma Council at 9:00 a.m., Thursday, May 28, 1998. In yesterday's Enterprise Journal it also states that Matt Ross, a spokesman who issues licenses, said that the 5/28/98 public hearing has not been assigned a time or location, so she is trying to determine which is correct. 5/13/98 Page 2 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 5/13/98 Page 3 ORAL COMMUNICATIONS City Attorney Mattas stated he knows it is on the 28th, and he will report back to Ms. Mason. He has confirmed it, but the location sounds correct. Ms. Mason stated Mr. Mason met with Mr. Presley in Sacramento the 6th of May, and she followed up with a letter to Mr. Presley and she gave the City Clerk a copy of the letter, plus Mr. Van Duyn. She took a mile radius from the proposed site of the casino where there is a Church and schools and in the feasibility study there is a statement that says there are no schools, churches or hospitals in Colma - that is the statement in the feasibility study. In another section they talk about the revenue S.S.F. will get because the people will shop in S.S.F. In two other cases they say it won't be a traffic prob- lem because they will be bussed to and from the casino, so how can they say S.S.F. is going to get revenue if they are being bused in and out. The feasibility study is very very unclear, they use terms near and far with no mileage, for she knows two schools that are 2/10 of a mile from the site and El Camino is 1.3 miles of road miles. She stated she has been working very hard and were led to believe it was a done deal. Now, in the Enterprise Journal it says Mr. Matt Ross says a personal li- cense cannot be considered and background checks performed - so, it has not been a done deal for the last six months. She asked if anyone was going to be at the meeting. City Manager Wilson stated he had no one sched- uled to attend. Mr. Mason stated he went to Sacramento on his own and saw Assemblyman Papan and a Commissioner having a discussion and that upset him because his understanding of the law is you cannot serve liquor within 500' of a church. He stated he has other things to talk about with the Attorney on the Senate Bill, Bill Lockyear put forward to stop the gambling in California. He is wondering how much police work this City is going to have to do in S.S.F. because of the cardroom if it is allowed to continue on. The indians are demanding the same type of machines that they have in Reno and the same type of gambling. That was on the TV today, land Gov- ernor Wilson is against it, but he cannot do anything about it because it is a Federal law. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 5/13/98 Page 4 ORAL COMMUNICATIONS He feels this is the wrong location, putting it in the middle of the cemeteries and that is his personal opinion. Mr. Dan Shattuc, 907 W. Cardinal Dr., Sunnyvale, CA 94087, gave the City Manager a business card and wants the Mayor to call the person for they may be interested in purchasing property in the West Bay Cove. He happened to use CalTrain today and was dis- mayed when he came back - there is no transportation from the CalTrain Depot to the SamTrans District bus transportation. He happened to see someone driving a TCI van there, and he saw the Genentech bus and a little bus like that could suffice if you need a ride, like the people that are disabled. Mayor Mullin related, after a study session a week ago Council spent an hour and a half on the idea of transportation to and from the CalTrain Station and we hosted a charrette that is an exercise from a number of architects on designing an access by moving the platform and bring accessibility to the SamTrans. He assured Mr. Shattuc that the Council has been looking at this very seriously and has preliminary plans and if possible Mr. Van Duyn will give Mr. Shattuc a copy of the design. Council is concerned about making the CalTrain accessible for the employees on the east side of 101, and also make it successful on the west side. Mr. Shattuc stated, as an alternate idea consider ferry service for the Bay West Cove. Vice Mayor Datzman stated on the 27th of this month, in the City of Redwood City, the Bay Area Council is hosting such a forum for the Port of Redwood City and the Airport and at Oyster Point. He stated the idea is to take traffic off the Highway and making it cost effective. Mr. Shattuc asked that he be sent notice, and he will be there. He stated he has ridden the ferry to Vallejo and up and down the bay, it is efficient if you have to commute any where. He stated, then you will get the herring and striped bass back and the fishing pier back. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 5/13/98 Page 5 ORAL COMMUNICATIONS Mayor Mullin directed staff to send a copy of the notice to Mr. Shattuc. Mr. Shattuc stated tonight the bottom garage was completely packed and only one handicapped space. His sister needs to be close to the elevator because she is now handicapped, and he thinks there should be one more slot. Councilman Penna stated there are two handicapped spaces in front. Discussion followed: Mr. Shattuc stated there are steps outside; there is a ramp outside. Mr. Shattue stated water is a big issue with him because of El Nino you are going to get awful clean streets because it runs to the bay. He stated, what concerns him is what is on the streets and it gets pine needles and garbage. He hopes the trash is coming from the garbage man and he thinks they can get more trash around businesses that create trash, like wrappers. Mayor Mullin stated this City is part of a consor- tium dealing with storm drains and public education components, and this adds to that in addition to flyers and storm drains, and being aware to make sure an industrial component meets it; and Sunnyvale is part of that. Councilman Penna stated now there are Federal regulations that any development has to be filtered before connecting to the bay. Mr. Shattuc suggested, how about what Willy Brown calls the big sweep, and if we had two sweep ups. The most important one is in the late fall before the rains come down, and clean up before you wash it down the drain, for right now it is a lot of vegetation debris. He has a real difficult problem because he sees so much trash around and it is terrible to see all of this with the plastics that are not degradable. He showed a dead bird he had found, and stated he will find out the cause of death which is not readily discernable. He asked that the min- utes of this meeting be sent to him. He stated the Council should again do a proclamation for earth day. AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM/SUBCOMMITTEE REPORTS ORAL COMMUNICATIONS Mayor Mullin stated the Student Council did one at the Mock Council meeting on Youth Government Day. Mr. David Daneluz, 272 Oakcrest, stated he lives in Sunshine Gardens and would like to have someone attend the meeting of the Colma cardroom, for they think it is a land use and only belongs to Colma, yet it will impact our City. He stated tonight the City gave a Purple Heart to an officer, yet the impacts from strong arming and on families is not going to stay within the borders of Colma, but here and down the peninsula and it is a wrong place to be. He stated he has relatives buried in Colma and has children that attend schools in S.S.F. The casino is within 5,000' as the crow flies and urged Council to have someone attend the meeting and do something about the cardroom before it impacts us. COMMUNITY FORUM/SUBCOMMITTEE RE- PORTS Councilwoman Matsumoto related: four out of the five Councilmembers attended the Library Legislative breakfast and our City was well repre- sented with more than any of the other cities; she participated in April In Christmas and the clean-up on Sign Hill, and it was nice to see the children there; there were three houses and maybe next year we can put together a team of volunteers; while she was painting the home owners were very pleased and it was very satisfying. Councilman Fernekes thanked TCI for responding to the City's letter, as a result of comments at the last meeting, and for having two TV camerapersons tonight. He also enjoyed the Library breakfast. He stated Council received a letter from Jack Drago, Roy Bava and Ron Broschi asking for a museum in the City, and could we appoint a Subcommittee and look into the possibility. Mayor Mullin stated, with the consent of Council, he will appoint two persons to serve, and he needs to think about it for a day or two and will proceed. Vice Mayor Datzman suggested that the General Manager of TCI come before the Council and in- form the public of what they are getting in equip- 5/13/98 Page 6 AGENDA ACTION TAKEN COMMUNITY FORUM/SUBCOMMITTEE REPORTS COMMUNITY FORUM/SUBCOMMITTEE RE- PORTS merit. He stated there was a letter on the widening of Chestnut and there are concerns, but he thinks Council made every effort on the residents, but it is important to look at the big picture in the communi- ty. He takes it there is still public input before it is done; and, next is the hotline, we have a resident on Leo Circle who has a problem with cleanliness and landscaping deficiency on Linden and Hillside. He knows it was turned over to Code Enforcement, but wants to know if it will come back to Council. He stated lastly he wanted to compliment those individu- als in public safety that went an entire year without sick leave - Police Chief Raffaelli and Fire Chief Lee. City Manager Wilson stated he would provide a written report. Councilman Penna spoke of the concerns of the Chestnut Avenue widening, and stated it may be possible to acquire additional property for parking in front to pull in and park and removing a strip and part of the sidewalk to the individual property. There is a lot purchased on Grand and Chestnut and the Mayor brought up the possibility of creating parking on that lot. Mayor Mullin stated he asked for something to mitigate the potential loss of parking as we widen. He asked the City Manager to assign someone to attend the meeting in Colma and bring back a re- port, so we are aware. He complimented Council- member Matsumoto for going to the Christmas in April, that is worthwhile and last year we did work on ArtRise and a home on B Street. During the same weekend he represented the City in New York looking at community school in Washington Town Heights and the City is going to be participating with non-profits to set-up a community school mod- eled after the childrens aid of New York and it is a very exciting project unfolding and will be part of the Parkway Heights. This will be providing education and support services for the students and the parents. He will give a report when he gets it out of the computer. He stated tomorrow at 8 a.m. there is going to be a BART/SFO Extension Project symposium sponsored by the Chamber and for those 5/13/98 Page 7 AGENDA ACTION TAKEN COMMUNITY FORUM/SUBCOMMITTEE REPORTS COMMUNITY FORUM/SUBCOMMITTEE RE- PORTS who want to know about the Project, and there will be refreshments. He stated it will be here at the MSB tomorrow from 8:00 a.m. through 9:30 a.m., and there will be a number of students to look at the symposium and he invited the public. He asked if there were any Subcommittee reports. Councilmember Matsumoto reported: at the Airport Community Roundtable one of the items was that the noise variance is almost set to go, and S.S.F. has major concerns so staff prepared a detailed break down and she presented it, and asked that the comments be extended 30 days. She found support for our City, but it was not well received by the Airport and Supervisor Griffin. She is waiting for a response and will invite support. The Airport has requested extension of the noise variance. Mayor Mullin stated SB1853 by Senator Kopp, about which we had significant discussion in the last two meetings, failed in the Senate Appropriations Committee and Kopp is asking reconsideration and it seems appropriate. He sent a letter requesting re- consideration of that particular measure and he will entertain discussion on that if any one has com- ments. Councilmember Penna stated he is all in favor of support programs and in controlling the noise, but he saw a staff report that addressed the Bill and indicated that the teeth in the Bill are not strong. He referred to the noise problem, of course, for it is referred to the D.A., but the actual thing lies with the D.A., He stated, it is not clear what can be recovered and if that is the case, what encourage- ment do we have for the D.A., if there is no encour- agement, it is only like false hope. Mayor Mullin stated those questions are worthy of reconsideration, and the letter would ask them to provide answers to each of the questions. The follow-up is do we wish to do a resolution. This is a preliminary step for the point is mute if they don't reconsider. He asked if there was opposition for him to send a letter to ask for reconsideration -- there is consensus, there is no opposition to his sending the letter. He stated he did receive an analysis from the City Attorney, but legislation is 5/13/98 Page 8 AGENDA ACTION TAKEN COMMUNITY FORUM/SUBCOMMITTEE REPORTS CONSENT CALENDAR 1. Motion to approve Minutes of the Special Meeting of 4/15/98 and Regular Meeting of 4/22/98. Motion to confirm expense claims of 5/13/98. Resolution amending the Capital Improvement Pro- gram in the amount of $230,000 for the Oyster Point Interchange Project (Hook Ramps). A RESOLUTION APPROVING AN AMENDMENT TO THE 1997-98 CAPITAL IMPROVEMENT PRO- GRAM BUDGET (CIP 98-23) ADDING $250,000 FOR PHASE III OF THE OYSTER POINT INTER- CHANGE PROJECT (HOOK RAMPS) Resolutions directing the preparation of an Annual Report, approving the Preliminary Annual Report and setting a public hearing for 6/10/98 for West Park 1 & 2 Parks and Parkways Maintenance District. ,~9, ~ A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT Resolutions directing the preparation of Annual Re- port, approving the Preliminary Annual Report and setting a public hearing for 6/10/98 for Willow Gar- dens Parks and Parkways Maintenance District. ~,z// COMMUNITY FORUM/SUBCOMMITTEE RE- PORTS tricky at times, but maybe follow-up with a bullet time analysis. Vice Mayor Datzman asked, as a part of anything that is provided in the way of an addendum, that we have some indication of what it is that represent the Director of the Airport and Supervisor Griffin's concerns. CONSENT CALENDAR Removed from the Consent Calendar by Councilmember Matsumoto and continued to the next meeting so she can speak to the City Clerk. Approved in the amount of $3,023,826.95. Removed from the Consent Calendar for discussion by Mayor Mullin because he had a speaker card. RESOLUTION NO. 51-98 RESOLUTION NO. 52-98 5/13/98 Page 9 AGENDA ACTION TAKEN CONSENT CALENDAR Resolutions - Continued. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IM- PROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WIL- LOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT Resolutions directing the preparation of Annual Re- port, approving the Preliminary Annual Report and setting a public hearing for 6/10/98 for West Park 3 Parks and Parkways Maintenance District. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IM- PROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTE- NANCE DISTRICT Resolution authorizing submittal of a grant application for Project Read, in the amount of $30,000, to the Peninsula Community Foundation for the second year of a computer lab at W. Orange Library. A RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE PENINSULA COMMUNITY FOUNDATION FOR $30,000 TO FUND THE COMPUTER LEARNING LAB FOR A SECOND YEAR, AND UPON RECEIPT OF SAID GRANT FUNDS APPROVING AN AMENDMENT TO THE 1997-98 OPERATING BUDGET (NO. 98- 12) Resolution awarding a construction contract to Trini Chance Construction Co. in the amount of $43,800, as the lowest responsible bidder, for ADA Miscella- neous Accessibility Upgrades. .~'~9~ CONSENT CALENDAR RESOLUTION NO. 53-98 RESOLUTION NO. 54-98 RESOLUTION NO. 55-98 RESOLUTION NO. 56-98 RESOLUTION NO. 57-98 5/13/98 Page 10 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $43,800 TO TRINI CHANCE CONSTRUCTION COMPANY FOR THE AMERICANS WITH DIS- ABILITY ACT MISCELLANEOUS ACCESSIBILI- TY UPGRADES PHASES II PROJECT Motion to adopt an ordinance amending the Zoning District Map for the Finger Piers. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF SOUTH SAN FRANCISCO TO CHANGE THE ZONING OF PARCEL NO. 015-180-020 FROM OPEN SPACE (O-S) TO PLANNED INDUSTRIAL (P-I) 10. Motion to adopt the telecommunications usage policy. 51_.63 Resolution amending the Capital Improvement Pro- gram in the amount of $230,000 for the oyster Point Interchange Project (Hook Ramps). ~IzG A RESOLUTION APPROVING AN AMENDMENT TO THE 1997-98 CAPITAL IMPROVEMENT PRO- GRAM BUDGET (CIP 98-23) ADDING $250,000 FOR PHASE III OF THE OYSTER POINT INTER- CHANGE PROJECT (HOOK RAMPS) CONSENT CALENDAR RESOLUTION NO. 58-98 ORDINANCE NO. 1220-98 Approved. M/S Penna/Fernekes -To approve the Consent Cal- endar with the exception of Items No. 1 and 3. Carried by unanimous voice vote. Mayor Mullin stated this has not be approved from Phase 3. City Manager Wilson stated this only covers the moving of dollars. Mayor Mullin stated he was thinking of Terrabay and asked if this is additional to the already ap- proved $230,000. City Manager Wilson stated the addendum should be considered, for there is a clerical error, but this deals with advancing funds in the CIP which was intended to spend next year. Mr. Dan Shattuc stated he took a lot of looks at transportation over there and he found a lot of trucks contributed to the transit. He thinks the hook ramps are accommodating the trucks, and he is looking at the disruption and the impacts of the construction of how you are going to put things. You are talking about $250,000 and an economic analysis. Both things are important, for we haven't even approved what is going to happen, for it is 5/13/98 Page 11 AGENDA A~TION TAKEN 3. Resolution - Continued. LEGISLATIVE BUSINESS 11. Motion to waive reading and introduce an ordinance to allow the City Attorney to prosecute misdemeanor Municipal Code violations as infractions at his dis;...~ 7Z cretion. ~- / ~ AN ORDINANCE ADDING SECTION 1.24.050 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO PROSECUTION OF VIO- LATIONS OF THE MUNICIPAL CODE very sensitive - the wet lands and indian site, for it is pretty and could be prepared as a park. He does not know about Terrabay and the tails, is it being closed out for it is one site that is disappearing, unfortunately. He would like to promote that, we look at the front end as the opportunity to do some- thing right, it is very sensitive, it has water and butterflies and nature. Look over the beach front property for it is environmental. M/S Fernekes/Datzman - To adopt the Resolution. RESOLUTION NO. 59-98 Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. City Attorney Mattas related: unless the Municipal Code identifies infractions, it is prosecuted as a misdemeanor; the fine is up to $1,000 and a jail term; this gives the discretion to the City Attorney; he gave examples of public intoxication and viola- tion of land use matters; citations are issued and the City Attorney acts with 1225 cases a year processed. Councilman Penna asked why we would want to change the ordinance. City Attorney Mattas stated he would rather do the infraction process where there is no jury trial or jail term. Vice Mayor Datzman asked, the Attorney mentioned public intoxication in the downtown - how does this affect that. City Attorney Mattas stated it doesn't for it is a misdemeanor and still will be, but gives him the option. M/S Matsumoto/Fernekes - To waive reading and introduce the ordinance. Carried by unanimous voice vote. 5/13/98 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Motion to approve Negative Declaration ND-97-027 and Subdivision Final Map SA-97-037/Rev. for South San Francisco Unified School District/El Rancho Project. 13. Resolution approving the Promenade Subdivision Final Map, SA-96-116, accepting dedication, approv- ing Subdivision Improvement Agreement, DCC&Rs and authorizing the recordation of map by the City Clerk; resolution approving the annexation of the former lands of McLellan to the City of S.S.F. D"t) gq A RESOLUTION APPROVING THE PROMENADE FINAL MAP (SA-96-116), ACCEPTING OFFERS OF DEDICATION, APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, AUTHORIZING THE RECORDATION OF THE MAP AND AP- PROVING THE DECLARATION OF COVE- NANTS, CONDITIONS AND RESTRICTIONS A RESOLUTION ANNEXING CERTAIN TERRI- TORY TO THE CITY OF SOUTH SAN FRANCIS- CO DESIGNATED "ANNEXATION OF LANDS OF MCLELLAN TO THE CITY OF SOUTH SAN FRANCISCO" ADMINISTRATIVE BUSINESS Removed from the Agenda by the City Manager under Agenda Review. Director of Public Works Gibbs read the staff report aloud. Mayor Mullin stated a resident was concerned and wanted to increase the sight distance where the signal is to be place. Councilman Penna asked if anything is to be done with the walkway. City Manager Wilson stated it will be signalized. Mr. Don Lapidus stated there is a signal at McLellan, that is the main entrance, but there is another down the street put in by BART and that is where the walkway is. Councilman Penna stated, something doesn't make sense here, if BART is going to have a signal by the walkway that means the entrance to BART is going to be further south, but he thought it was going to be closer to Hickey Blvd. He feels a pedest- rian over crossing is safer. Mr. Lapidus stated that is correct, he believes that Hickey is a secondary access to BART and Costco, and another by the walkway. City Manager Wilson stated the lights will be coor- dinated so they work in unison, but if you recall we are signalizing the south end so it doesn't conflict and is further away from McLellan. He stated that was need to service the BART station for there are high traffic volumes. Mr. Lapidus thanked Council for the opportunity to build this project and wanted to make a point of thanking the staff for their help in getting through the project. M/S Penna/Matsumoto - To adopt the Resolution annexing the lands of McLellan to the City. RESOLUTION NO. 60-98 5/13/98 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 3. Resolution - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 14. Closed Session. pursuant to GC 54957.6, labor nego- tiations for AFSCME. ECALL TO ORDER: ADJOURNMENT: RESPECTFULLY SUBMITI'ED, Barbara A. Battaya, City Clerl~ City of South San Francisco ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. M/S Penna/Fernekes - To adopt the Resolution approving the Promenade Final Map SA-96-116. RESOLUTION NO. 61-98 Carried by unanimous voice vote. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:08 p.m. to discuss the item noticed. Mayor Mullin recalled the meeting to order at 10:50 p.m., all Council was present, no action was taken and direction was given. M/S Datzman/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:51 p.m. APPROVED. 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. 5/13/98 Page 14