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HomeMy WebLinkAboutMinutes 1995-12-13 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ._~ohn R. Penna obert Yee MINU_T_ES City Council Municipal Services Building Community Room December 13, 1995 SPECIAL MEET!N~ CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECEMBER 13, 1995 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 December, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Presentation of Public Safety Awards. Dated: December 7, 1995 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Presentation of Public Safety Awards 12/13/95 Page 1 ACTION TAKEN 7:18 p.m., Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. Police Chief Raffaelli announced the Police and Fire Departments are giving awards to citizens who have assisted them in various acts. A group of supervi- sors in the Police Department, after scrutinizing the deeds of the candidates, approves the awards - and it is, therefore, an honor to be chosen as the individual has definitely merited the award. He called Mayor AGENDA ,..p, resentation - Continued. ADJOURNMENT: ACTION TAKEN 011 Drago to the podium to pass out each Certificate of Recognition. Certificates were presented to the following: Walter Petree, Lynda Jensen, Linda McGrath, Solomona Uli, Muhammed Raza, Davin Cole, Josuah Nair and Ron Payne. He stated Brant Lewis and Brian Smith would be receiving their Certificates at another time. He also called Capt. Moss and Officer Hart to the podium to help present a Certificate to City Manager Wilson for funding necessities for Project NEAT, the Police Department and the rest of the City, for helping in beautifying the City and for his work with the Summer Youth Program. Fire Chief Stark presented Certificates to the fol- lowing people who served the community and the Fire Department during the previous six months: Nikki Wolfe, Heidi Colgate, Sam Colbert, George Ryan, Det. Bob Eastman of the S.S.F. Police Dept. and Dan Martinez. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:38 p.m. RESPECTFULLY SUBMITTED, City of South San Francisco APPROVED. oD; asgo°u'~M;aYn° ~ r a n c i s c o~,~ 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. 12/13/95 Page 2 Chairman Jack Drago Boardmembers: Joseph A. Fernekes Eugene R. Mullin ..... 'ohn R. Perma ~obert Yee MINUTES Recreation and Park District Municipal Services Building Community Room December 13, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Special Meeting of - 3/8/95. ,5"15.3 ADJOURNMENT RESPECTFULLY SUBMITTED, El~i~ ,~D~pUt~y ~rk Recreation and Park District City of South San Francisco ACTION TAKEN 6:58 p.m. Chairman Drago presiding. Boardmembers Presem: Boardmembers Absent: Fernekes, Mullin, Yee and Drago Penna Chairman Drago explained that it is required by law that this meeting, the Surplus Property Authority, Industrial Development Authority and Capital Im- provements Financing Authority meetings are held once each year. M/S Fernekes/Yee - To approve the Minutes of the Special Meeting of 3/8/95. Carried by majority voice vote, with Boardmember Mullin abstaining. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 6:59 p.m. APPROVED. /J__a/ck' Dr g hir // ~.ecreation and Park District [,._./City of South San Francisco The entries of this Agency meeting show the action taken by the Recreation and Park District to dispose of an item. ":al communications, arguments and comments are recorded on tape. The tape and documents related to the items are file in the Office of the City Clerk and are available for inspection, review and copying. 12113/95 Page 1 Chairman Jack Drago Boardmembers: Joseph A. Fernekes Eugene R. Mullin lohn R. Penna Robert Yee MINUTE~. Surplus Property Authority Municipal Services BUilding Community RoOm December 13, 1995 3 A~ENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: 1. Approval of the Minutes of the Regular Meeting of 12/14/94. g/~-g ADJOURNMENT RESPECTFULLY SUBMITTED, Elaine J. Bil ,l~Deputy Clerk Surplus Property Authority City of South San Francisco ACTION TAKEN 7:00 p.m. Chairman Drago presiding. Boardmembers Present: Fernekes, Mullin, Yee and Drago Boardmembers Absent: Penna M/S Fernekes/Yee - To approve the Minutes of the Special Meeting of 12/14/94. Carried by majority voice vote, with Boardmember Mullin abstaining. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:01 p.m. APPROVED. ~ ,"Jack Drago, Chairm~n //:/Surplus Property A/uthority (//' City of South San Francisco The entries of this Agency meeting show the action taken by the Surplus Property Authority to dispose of an item. Oral communications, 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. 12/13/95 Page 1 Chairman Jack Drago Boardmembers: Joseph A. Fernekes Eugene R. Mullin John R. Penna robert Yee MINUTES Industrial Development Authority Municipal Services Building Community Room December 13, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Approval of the Minutes of the Regular Meeting of 12/14/94. .5'/,.6"~ ADJOURNMENT RESPECTFULLY SUBMITTED, Industrial Development Authority City of South San Francisco _ACI!QN TAKEN 7:02 p.m. Chairman Drago presiding. Boardmembers Present: Boardmembers Absent: Fernekes, Mullin, Yee and Drago Penna M/S Yee/Fernekes - To approve the Minutes of the Special Meeting of 12/14/94. Carried by majority voice vote, with Boardmember Mullin abstaining. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:03 p.m. APPROVED. /~ ? J_ac.k Drago, Chairman // / Industrial Development Authority QCity of South San Francisco The entries of this Agency meeting show the action taken by the Industrial Development Authority to dispose of an item. Oral communications, 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. 12/13/95 Page 1 Chairman Jack Drago Boardmembers: Joseph A. Fernekes Eugene R. Mullin --John R. Penna Robert Yee MINUTES Capital Improvements Financing Authority Municipal Services Building Community Room December 13, 1995 ,.9 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) ACTION TAKEN 7:04 p.m. Chairman Drago presiding. Boardmembers Present: Fernekes, Mullin, Penna, Yee and Drago Approval of the Minutes of the Special Meeting of 12/14/94. ~'/_6-.-~ ADJOURNMENT RESPECTFULLY SUBMITTED, Capital Improvements Financing Authority City of South San Francisco M/S Yee/Fernekes - To approve the Minutes of the Special Meeting of 12/14/94. Carried by majority voice vote, with Boardmember Mullin abstaining. M/S Fernekes/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:05 p.m. APPROVED. ck Drago, Chairm/an apital Improvements Financing Authority City of South San Francisco The entries of this Agency meeting show the action taken by the Capital Improvements Financing Authority to dispose of an item. Oral communications, 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. 12/13/95 Page 1 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room December 13, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS .--uperintendent of Streets - Tree Lighting Contest ACTION TAKEN 7:39 p.m., Mayor Drago Presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. Rev. Hubert L. Ivery, St. Paul's United Methodist Church, gave the invocation. PRESENTATIONS Superintendent of Public Works White stated that with the help of Dennis Crossland they made an outline drawing of the tree on Sign Hill, passed out over 2,000 copies of it to various schools in town and got back almost 500 responses. Students col- ored and designed the tree. One design was chosen, which was unique. Then our electricians put the strands on the tree on Sign Hill to make it look like the design the child had drawn. They had a tree lighting ceremony and the winner lit the tree and that is the design on Sign Hill for everyone to enjoy throughout the holiday season. He presented the ten finalists with their drawings in a picture frame and with a Certificate of Appreciation for their fine art work and efforts: Melissa Pacheco - Mater Dolorosa, Rachel Rameriz - Buri Buri, Jennifer Gibbs - Martin, Angela Adams - St. Veronica, Stephanie Blanch - Mater Dolorosa, Veronica Marti- nez - Sunshine Gardens, Myriam Rodriquez - Park- way, Tricia Baxter - St. Veronica, David Daneluz - Sunshine Gardens, and the winner Mark Smyth - Ponderosa. Mark Smyth was also presented with an art kit and a gift certificate from Bronstein Music on Grand Avenue. He thanked all who participated on the program and the staff who helped make it hap- pen. 12/13/95 Page 1 AGENDA _ACT!QN TAKEN PRESENTATIONS Consideration of Pasig City, Rizal, Philippines for Sister City affiliation (Lucy deLuna and Harry Farmer) ~/,5'.~ PRESENTATIONS Councilman Yee pointed out he read in the paper that he was with the children when they lit up the tree - yet he knew nothing about it. He would have been there if he had known about it. Superintendent of Public Works White stated the San Mateo Times erroneously reported that Councilman Yee was there. Mayor Drago congratulated all of the finalists and told them their artistic efforts were appreciated. Harry Farmer, President of the S.S.F. Sister City Committee, stated: they are proposing an affiliation with the City of Pasig, which is a suburb of Manila on Manila Bay; there are a large number of Pasig City citizens who reside in S.S.F. and they have come together in a large group to form an organiz- ing committee for the Pasig City Committee, which would be part of the Sister City Committee or Pro- gram; present were the Vice Mayor of Pasig City and two other emissaries to make a presentation to the Council and stated comparisons between their City and S.S.F.; his own general membership voted to affiliate with them. He introduced Lorna Angel- es-Bernardo, the Vice Mayor of the City of Pasig. Lorna Angeles-Bernardo stated she was there to express the desire of the people of Pasig to become a Sister City and that their Mayor extended an invi- tation to the City Council to come to Pasig. She presented a profile of their City, stated Pasig is becoming the most progressive economic center in the Philippines and said she had a resolution estab- lishing a Sister City relationship with the City of So. San Francisco. Mayor Drago stated: the Sister City group is not a City Commission nor Agency, it is a group of pri- vate residents of the City involved in international relationships between cities; the City is only a signatory to the agreement; there are rules that gov- ern the relationship that the Sister City group en- forces; when a City is formally recognized by our City then our obligation is, on recognized visits from that City, we have a welcoming ceremony at City Hall, the City hosts a dinner for those delegates and that is all the City does. 12/13/95 Page 2 AGENDA ACTION TAKEN PRESENTATIONS ;uperintendent of Streets - Continued AGENDA REVIEW City Manager Wilson requested: Remove Item No. 20, Closed Session, as it was premature to report on the item at this time. ORAL COMMUNICATIONS COMMUNITY FORUM PRESENTATIONS Mayor Drago asked for two volunteers from the City Council to act as an ad hoc committee to work with the Sister City group. Councilmembers Penna and Mullin volunteered to be on the committee. Mayor Drago thanked the representatives of Pasig for visiting the City. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Patricia Burke, 1700 El Camino Real, announced she is again reporting on transportation but that her interest in the City is considerably more than that now. She attended a Peninsula Rail 2000 meeting on Monday and the group was floored that their names were mentioned as having had a part in the Grand Jury's information about the extension of CalTrain into San Francisco by Senator Kopp and they had nothing to do with that report. She would make available a copy of the Grand Jury's report if needed. COMMUNITY FORUM Councilman Yee reported: he visited our Sister City Atotonilco in Mexico, December 1 through 7, and the Mayor of Atotonilco gave him a Princess Fiesta De Lemone for placement in our curio cabinet; he visited the orphanages and played Santa Claus with the various gifts from the different departments of our City; our Historical Society gave a video tape, a history booklet and photos, which he gave to the library in Atotonilco; our Conference Center gave calendars and pencils; he presented an American flag for their use; there was a cooking contest be- tween Councilman Yee and the Mayor of Atotonilco - the Mayor of Atotonilco won; they enjoyed the salami from Vice Mayor Fernekes and the See's candy from Pat Mattel; they dedicated a South San Francisco Day; he enjoyed going there on behalf of the City. Councilman Mullin complimented the Old Town Homeowners & Renters Association on their annual 12/13/95 Page 3 AGENDA A~TION TAKEN COMMUNITY FORUM Councilman Penna left the Meeting. CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 7/26/95, Adjourned Regular Meeting of 7/27/95, __ Special Meeting of 8/9/95, Regular Meeting of 8/9/95, Special Meeting of 9/13/95, Regular Meeting of 9/13/95 and Special Meeting of 9/20/95. 2. Motion to confirm expense claims of 12/13/95. ~q'~9/_~ COMMUNITY FORUM holiday party. There was a large group present, there was great entertainment and it was a good and well attended evening. Mayor Drago asked if the P.G.&E. had a represen- tative present. City Manager Wilson stated that their Regional Representative was planning on being there but was reassigned to what they call their Storm Room, which they are manning 24 hours a day. They sent a fax stating they did lose service to 86,500 custom- ers in this County alone - of those, 35,000 have been restored and 51,501 have not been as of 2:00 p.m., December 12th. They indicated they are trying to make all conditions as safe as possible and now are going back and doing their restoration effort. They said the worse case scenario is that residents in the City could be without power until late this week. Discussion followed: Buri Buri in sections are still without power; last year the P.G.&E. was slow in response to the City and we received assurances this would not happen again; this is the worst problem this city has experienced; problems because of down-sizing by P.G.&E.; show number of emer- gency response teams they had in this City this year, versus what they had last year, versus what they had about five years ago; what is the status of correcting the problems; what the problems are and when they will be corrected; communications on a 1-800 num- ber were set up but what they said was that Buri Buri was not even on their list, even though there are wires down on an easement; get in touch with someone at P.G.&E. with authority; City Manager Wilson to call Bonnie Wells of P.G.&E. directly. Councilman Penna left the Meeting at 8:10 p.m. CONSENT CALENDAR Approved. Approved in the amount of $4,086,882.84. 12/13/95 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR Motion to cancel the Regular Meeting of 12/27/95 due to the holidays. 4. Resolution of award of contract for a Quint type Fire Apparatus to Simpson Ladder Towers, Inc. (High ./ Tech) in the amount of $527,310. ~-O q ~ A RESOLUTION AUTHORIZING AWARDING THE PURCHASE OF A QUINT TYPE FIRE AP- PARATUS TO SIMON LADDER TOWERS, INC. OF EPHRATA, PENN. THROUGH IT'S VENDOR HIGH TECH FIRE APPARATUS, INC. OF OAKDALE, CA o Motion to set a Public Hearing date for 1/10/96 for consideration of modification or revocation of the Ling Nam Noodle House use permit UP-93- 939/Modl at 2211 Gellert Blvd. ~-~ B' ~ 6. Resolution amending 94'95 CIP to add ADA upgrade of City buildings, awarding design plans, specifica- __ tions and cost estimates contract to Garcia/Wagner Assoc. and authorizing call for bids at completion of design. A RESOLUTION AUTHORIZING AND AP- PROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (NO. 95-21) TO INCLUDE THE AMERICAN WITH DISABILITIES ACT (ADA) FOR UPGRADING OF CITY BUILD- INGS AT A COST OF $432,502 AND AUTHORIZ- ING AND APPROVING AN AWARD OF CON- TRACT TO GARCIA/WAGNER ASSOCIATES OF SAN FRANCISCO FOR A FEE NOT TO EXCEED $52,000 FOR THE PROJECT AND AUTHORIZING ADVERTISING FOR CONSTRUCTION BIDS AT COMPLETION OF THE DESIGN Motion to accept the file the 1994-95 Annual Audit and Comprehensive Annual Financial Report (CAFR). Motion to accept Phase VIII Aircraft Noise Insulation Project as complete in accordance with the plans and specifications. ,.6-Y,8'q Resolution authorizing access to criminal history information for employment, licensing or certification purposes. ~ l,~3 CONSENT CALENDAR So ordered. RESOLUTION NO. 133-95 So ordered. Removed for discussion by Councilman Mullin. Removed for discussion by Councilman Yee. Approved. 12/13/95 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution- Continued A RESOLUTION AUTHORIZING ACCESS TO SUMMARY CRIMINAL HISTORY INFORMA- TION FOR EMPLOYMENT, LICENSING, OR CERTIFICATION PURPOSES 10. Resolution authorizing City Engineer to file applica- tion for federal Enhancements program funding. 6-0 A RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE METROPOLI- TAN TRANSPORTATION COMMISSION FOR THE SPRUCE AVENUE INTERCONNECT, THE CHESTNUT/GRAND AVENUES TRAFFIC SIG- NAL IMPROVEMENTS AND THE AIR- PORT/BAYSHORE HOOK RAMP PROJECTS 11. Resolution approving extension of and amendment to City Manager's contract. A RESOLUTION APPROVING AN EXTENSION OF, AND AMENDMENT TO, THE EMPLOY- MENT AGREEMENT WITH MICHAEL A. WIL- SON TO SERVE AS CITY MANAGER OF THE CITY OF SOUTH SAN FRANCISCO AND EX- ECUTIVE DIRECTOR OF THE REDEVELOP- MENT AGENCY o Resolution amending 94°95 CIP to add ADA upgrade of City buildings, awarding design plans, specifica- tions and cost estimates contract to Garcia/Wagner Assoc. and authorizing call for bids at completion of design. A RESOLUTION AUTHORIZING AND AP- PROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (NO. 95-21) TO IN- CONSENT CALENDAR RESOLUTION NO. 134-95 RESOLUTION NO. 135-95 RESOLUTION NO. 136-95 M/S Yee/Mullin - To approve the Consent Calendar with the exception of items No. 1, 6 and 7. Carried by majority voice vote. M/S Yee/Fernekes - To approve Item No. 1 of the Consent Calendar. Carried by majority voice vote, with Councilman Mullin abstaining. Councilman Mullin questioned that the staff report says the work must be completed by July 26, 1995 and asked if this was a required date or a target date. City Manager Wilson stated it was a target date and we have been dealing with the representatives of HUD, who find this transition program acceptable at this time because of the effort we are making. 12/13/95 Page 6 AGENDA ACTION TAKEN 6. Resolution - Continued CLUDE THE AMERICAN WITH DISABILITIES ACT (ADA) FOR UPGRADING OF CITY BUILD- INGS AT A COST OF $432,502 AND AUTHORIZ- ING AND APPROVING AN AWARD OF CON- TRACT TO GARCIA/WAGNER ASSOCIATES OF SAN FRANCISCO FOR A FEE NOT TO EXCEED $52,000 FOR THE PROJECT AND AUTHORIZING ADVERTISING FOR CONSTRUCTION BIDS AT COMPLETION OF THE DESIGN Motion to accept the file the 1994-95 Annual Audit and Comprehensive Annual Financial Report (CAFR). b- ~ RECESS: Councilman Penna returned to the Podium. RECALL TO ORDER: PUBLIC HEARINGS 12. Public Hearing - update on status of recycling and planned programs to meet State mandated goals and to consider a request for an increase in rates and __ charges collectible by the South San Francisco Scav- enger Company; conduct Public Hearing; adopt reso- lution authorizing a rate increase. ,5'2.9.'7 A RESOLUTION AUTHORIZING A SERVICE Councilman Mullin questioned: are all the first priorities designed to be finished by June of 1996; do we string them out based on their priority and the importance of the modifications to be made; reason why modifications to elevators in City Hall are a priority one, while modifications to elevators at Magnolia Center are a priority two. City Manager Wilson responded that all first priori- ties are designed to be finished by June of 1996, we string them out based on their priority and, regard- ing the elevators, they may be different types of elevators and he would research the issue. M/S Mullin/Yee - To adopt the resolution. RESOLUTION NO. 137-95 Carried by majority voice vote. Councilman Yee pointed out there is a management letter prepared by the auditor pointing out how to improve the efficiency and tighten the department. He wanted to have a date by which these things would be done. City Manager Wilson stated the Finance Director indicated this would be ready by next month. M/S - Yee/Fernekes - To approve Item No. 7. Carried by majority voice vote. Mayor Drago declared a recess at 8:21 p.m. Councilman Penna returned to the Podium at 8:29 p.m. Mayor Drago recalled the Meeting to order at 8:29 p.m., all Council present. PUBLIC HEARINGS Solid Waste Coordinator Reider announced the presentation would be in two parts - an overview of existing and planned recycling programs to meet the State adopted public policy to reduce waste, given by herself and Stephanie Uccelli of the So. San Francisco Scavenger Co., and the second part, by Dir. of Finance Brooks, on the recommendations from the rate review: in 1989 AB 939 was imple- 12/13/95 Page 7 PUBLIC HEARINGS 2. Public Hearing - Continued RATE INCREASE OF 10.57% FOR EACH OF THE FOLLOWING TWO YEARS FOR SOUTH SAN FRANCISCO SCAVENGER COMPANY, IN- CREASING THE PER CAN COST FOR THE SEC- OND GARBAGE CAN FOR WHICH DISPOSAL IS REQUESTED, AND AUTHORIZING AN ANNUAL RATE REVIEW PUBLIC HEARINGS mented; all cities and counties in California must reduce amount of waste delivered to the landfill by 25% by the end of this year and by 50% in the year 2000; California Integrated Waste Management Board was developed to insure that all cities and counties comply with the law; the commercial sector has to be targeted, which generates 70% of the garbage, in order to reach the 50% goal; in 1990 the City's recycling and diversion rate was estimated to be at 11%; total amount of waste disposed of in 1990 by sector totaled 84,000 tons; in 1995 it is estimated the Scavenger Co. will deliver approxi- mately 65,000 tons to the landfill; paper is the larg- est component in the waste stream, plastics in the commercial sector is pretty high and other organics, comprised of food and wood waste, are pretty high; one mandate of AB 939 was to perform four survey weeks to measure the amount of garbage disposed of at the landfill and to compare it to the 1990 baseline number; first two survey weeks show very high numbers by self haulers; calculate what would be typical disposal numbers, excluding the self hauler numbers; our diversion rate is estimated at some- where around 25%; final calculation will be per- formed once they get the final two survey weeks; they reviewed existing and planned programs to meet the State mandate; they work closely on plan- ning and implementing programs and cooperatively produce educational materials; planning is also done in cooperation with the other two Cities the Scaven- ger Company services - Brisbane and Millbrae, which provides cost and collection efficiencies; implementing recycling programs and what is in- volved, based on what is in our waste streams and available markets to purchase and turn the materials into new products; implementation can be expensive but can be partly offset by reduced disposal costs and by the sale of recyclable materials; they esti- mate, in the last year, the avoided disposal cost, due to the reduction of garbage delivered to the landfill, saved approximately $1,000,000; recyclables go through many processes before being turned into new products; costs for recycling programs can be expected to increase over time as new programs are put in place; need to increase education to communi- ty on why important to participate in programs and opportunities available to reduce waste and recycle; will periodically inform on status of programs and to measure progress of meeting State goals. 12/13/95 Page 8 A~ENDA A~TION TAKEN PUBLIC HEARINGS 2. Public Hearing - Continued (Cassette No, 2) PUBLIC HEARINGS Ms. Stephanie Uccelli described collection programs that were already implemented to comply with ABA 939: prices for recyclable materials are continuous- ly fluctuating; the programs were implemented because the materials have a value; programs cost money, because of the labor involved in the physical collection of materials and in their preparation for market; customers have received notification of programs; other programs are yet to come on line. Solid Waste Coordinator Reider discussed some of the promotional activities that will occur: coopera- tive efforts of the Scavenger Company will continue to educate residents on waste prevention and recy- cling opportunities; press releases, ads in local papers, direct mailers, newsletters and Christmas Tree Brochure; public service announcements will continue to air and new ones will be developed; County's Backyard Composting Bin Program will continue to be publicized; Reuse Program work- shops; Backyard Composting workshops. Ms. Stephanie Uccelli described the household hazardous waste collection programs: transfer sta- tion collects automobile batteries and was expanded to collect household batteries, motor oil, latex paints and anti-freeze; quarterly household hazardous waste clean-up events; household hazardous waste diver- sion does not count towards the City's overall diver- sion rate but is an element required by the State. Solid Waste Coordinator Reider discussed the pro- motional activities: drop-off program at transfer station for recyclable household and hazardous waste will be advertised through ads, through other means and with educational materials; County's Guide on Proper Disposal and Recycling will continue to be distributed; will offer household hazardous waste education and alternatives workshops. Ms. Stephanie Uccelli spoke on commercial recy- cling collection programs: contains number of facets in order to divert the amounts of materials necessary to reach State mandated goal; Commercial waste stream must be approached from a number of different avenues and it comprises a majority of the waste stream; commingled, semi-commingled and source separated recycling programs will be contin- ued where reduced rates will be offered, where 12/13/95 Page 9 PUBLIC HEARINGS 2. Public Hearing - Continued 12/13/95 Page 10 PUBLIC HEARINGS feasible, and payment made, where possible; co-op recycling for business "strip" areas will be examined and containers placed where feasible; high recycla- ble content, special materials marketing and materi- als exchange programs will be done where possible; businesses will continue to be approached through a variety of written literature, telephone calls and on- site visits; mixed waste processing occurs to some degree presently; continue examining garbage routes to collect only "dry" garbage in order to facilitate additional amounts of this mixed waste processing; wood recycling and the marketing of wood as alternate daily cover will be maximized to the fullest extent possible. Solid Waste Coordinator Reider explained the tech- nical assistance program: assists businesses in re- ducing waste and setting up and expanding recycling programs; waste assessments are conducted for businesses who want first hand assistance; other businesses helped through informational mailings and over the phone; workshop for hotels, motels and restaurants held at the Conference Center; other programs include the program for City departments, the program for schools and the Market Develop- ment Program. Dir. of Finance Brooks addressed the rate increase for the refuse collection. He reviewed the Franchise Agreement with the So. San Francisco Scavenger Company: entered into in 1990 and will expire in 2001; six years left on agreement; provides for an operating ratio of 90%; agreement has a stipulation that there is a balancing account - if the Scavenger Company earns more than 10%, a credit goes into the account to be applied against future rate increas- es, however, if the Scavenger Company earns less than 10%, the amount will also be put into the account as a credit and it will have to be recovered in future years of the agreement; since 1990 the Scavenger Company has lost approximately $1.9 million, which is in the balancing account and needs to be recovered in terms of rate increases. He dis- cussed the original rate increases proposed by the Scavenger Company: original rate increase was 27.6% on the next two years, comprised of the balancing account and 15.49[ of the points were for recovery on dump fees; operating expenses are also in the hole and to put them whole by 1997 they PUBLIC HEARINGS 2. Public Hearing - Continued 12113/95 Page 11 PUBLIC HEARINGS were asking for another 4.5 points out of the 27.6%; additional costs of recycling caused expenses to be in the hole; request would have provided $4.5 mil- lion to the Scavenger Company; the auditors re- viewed the request and found a reasonable increase would be 25.3% and the Scavenger Company did acquiesce to a reduction to 25.3%, which is still recovering the balancing account over a two year period - this would recover 100% of the balancing account and make the operation profitable. He explained staff's recommendation and the meth- odology proposed for implementing the increase: staff and City Manager proposed taking the balanc- ing account and recovering it over the six year life remaining on the franchise instead of doing it in two; have a 10.57% increase in the first year fol- lowed by a 10.57% increase in the second year; would recover $322,000 per year against the bal- ancing account plus also provide approximately $2.2 million in operating revenues to the Scavenger Com- pany to offset expenses they are incurring both at the dump and in the recycling programs; this is an increase of 3-%¢ on the current per gallon rate and an increase on the majority of users of the garbage collection service of about 92¢ each, per month, per can. He displayed an overhead showing a breakout of the types of services the Scavenger Company will be presenting to the City and its customers: 30 gal. cans represent 35% of their business; 32 gal. cans represent 38% of the business; these two rates go up about $1.06 and $.88; 20 gal. cans for senior citi- zens comprise 3.5% of their business; the less than 10% of customers who put out a second, third or fourth can will see substantial increases in their rates; idea is to increase recycling and decrease amount of refuse put out in the garbage cans; the additional cans are discounted about 25% in the first year and then come up to an equal price in the second year; most other rates are at a 10.57% in- crease in each year; increase would be retroactive to November 1, 1995, would be 10.575 in each year and would have a graduated increase in additional can charges to encourage recycling; will review the rate results next fall to ascertain if the results are in line with what we think they will be; hope that the recycling programs will be impacted by the rate increases and also serve to get at the 50% rate at the year 2000; Blue Line study was done earlier this AGENDA ACT!_ON TAKEN PUBLIC HEARING 2. Public Hearing - Continued PUBLIC HEARINGS year in which 59 cities were surveyed in San Mateo County - in the Bay Area the single can average rate was $15.41. Councilman Yee questioned why the 20 gal. can price was only extended to senior citizens, he felt this should be available to any resident. He stated if they split the total increase into two years only one third of the balance account is made up and won- dered when the other two thirds would be made up. Dir. of Finance Brooks stated the other two thirds would be amortized over the other four years that remain in the franchise agreement. City Manager Wilson related when you appreciate the larger concept, the State public policy of recy- cling, recycling is a more costly endeavor than land filling. This is an expensive public policy and the community should be aware there will be a gradual increase unless the demand for the product goes up higher. He stated Councilman Yee's observation was correct. They decided amortizing that cost should be more of a gradual impact to the commu- nity than a shock impact and would also expect some additional increases tied to recycling efforts to reach the 50% objective. Councilman Yee stated he thought citizens would like to see a low rate or no increase, at least that should be the objective. He felt we should start negotiating with the current franchisee to see if we can incorporate or redo the new franchise agreement so that the public could benefit. He wants to find a way to keep the rate as low as we can and not keep increasing it every year. Councilman Mullin asked if staff was saying that the 10+ % increase for next year and the year following will then be followed by similar increases each year or if staff was saying that the increase for those two years will generate, over the six year period, if all things stay equal, enough to bring the balancing account back into balance. City Manager Wilson stated they anticipate addi- tional increases, however, this rate, part of the percentage, is to bring that account into balance. 12/13/95 Page 12 AGENDA ACTION TAKEN PUBLIC HEARINGS 2. Public Hearing - Continued PUBLIC HEARINGS Councilman Mullin stated that does not take into account what appear to be dramatic increases at Ox Mountain - a 50% bump. He asked, regarding the operation at Ox Mountain, if we could anticipate whether this was a one time hit to encourage recy- cling or whether there will be ongoing increases and what we could do about this. City Manager Wilson stated he understands BFI, who is the operator of Ox Mountain, negotiated with the County for that immediate, large bump increase. It was predicated on a lot of investment they had to make to satisfy State law as far as dumps go. Cities told the County they thought there should be greater information and participation in the rate setting. County Manager's Office seemed receptive to that and a committee has been set aside to review future rates. Alternate sites have been explored. Councilman Mullin asked if the 10% guaranteed profit was an industry standard. City Manager Wilson stated it is the franchise stan- dard for this City, various franchises have different amounts, some get away from the "PUC mentality" and there are other methodologies that could be employed in a new franchise document. AB 939 is clearly an unfunded State mandate. Councilman Fernekes questioned if the majority of the rate increases were a result of the one State man- date. City Manager Wilson stated the vast majority of the rate increase is tied to two items - AB 939, which is the recycling/diversion standard, and because of enhanced standards at dump sites. Mayor Drago opened the Public Hearing for public comment. There was no public comment on the item and Mayor Drago closed the Public Hearing. Councilman Yee asked that the 20 gal. rate be avail- able to the general public rather than just senior citizens. The Scavenger Company agreed to this change. There was discussion on pilferage of aluminum cans prior to the Scavenger Company collecting the 12/13/95 Page 13 PUBLIC HEARINGS 2. Public Hearing - Continued RECESS: RECALL TO ORDER: 12/13/95 Page 14 ACIIQ_N TAKEN PUBLIC HEARINGS recyclables and how this effects rates.' This does impact the rates and Council will be approached regarding problem issues and potential service changes. Councilman Yee wanted staff to work with the Scavenger Company to look at the agreement and make the rates more reasonable from here on rather than waiting to the year 2000, because, the way we are going, for the next two years we are only going to recoup about $300,000, we still have about $900,000 in the balance account and there is no way we can catch up. He wants to redo the agreement and have some guarantees in the rate structure. Mayor Drago asked the negotiators for the Scaven- ger Company if they could give a definite yes on the 20 gal. can for any resident and they agreed. He ascertained we do a rate review every year and an audit every other year and there was discussion on how to implement Councilman Yee's suggestion. City Manager Wilson recommended adopting the resolution as presented then follow Councilman Yee's suggestion and open up negotiations and, if a new franchise with a new structure is reached, then come back to supersede this action. M/S - Yee/Fernekes - To adopt the resolution, with Exhibit E, with the understanding that the 20 gal. can would be available to all citizens of the com- munity. RESOLUTION NO. 138-95 Carried by unanimous voice vote. Mayor Drago declared a recess at 9:30 p.m. Mayor Drago recalled the Meeting to order at 9:34 p.m., all Council present. Mayor Drago introduced a surprise visitor, State Senator Kopp. Senator Kopp stated legislature reconvenes for the 1994/95/96 session and wanted to forecast that the budget deliberations may be less vexatious this year if prosperity continues to bring in more tax money AGENDA ACTION TAKEN PUBLIC HEARINGS 13. Public Hearing - consider granting a request for "reasonable accommodation" to allow a residential living facility for up to 4 adults (including the on-site manager) and 4 children at 18 Leo Circle, in a Single Family Residential District (R-l-D-P) where no more than six persons are normally allowed for a similar use in this district; conduct Public Hearing; Motion to ~ grant "reasonable accommodation". ~0'~' than was predicated as part of the budget. Income and sales tax collections for the first quarter were almost $700 million more than forecast and, if this continues, the fear of diversions of money from local governments will abate and you won't have to worry about money being taken for the school dis- tricts or money being taken for some other purposes to balance the budget. He stated, regarding the recycling being an unfunded mandate, part of that deals with not only the fact of pending Bill ACA9, but also the political complexion of the legislature. This portends to him that ACA9 will probably get out of the Assembly. Basically, the Bill is another effort to strengthen the requirement of providing money any time a mandate is enacted. He stated what he thought would happen in the Senate with that Bill and other parts of what will probably be the Assembly, Republican agenda: changing of the laws on legal liability, which is probably a popular favor- ite with local governments, since local governments usually are defendants rather than plaintiffs; reduc- ing some environmental regulations and some of the Medical programs, like the optional benefits; chang- ing more of the welfare programs over which the State still has jurisdiction or power, like AFDC; these kinds of measures will collide in the Senate because the Democrats in the Senate have 21 and will have 22 probably by the end of March. The third factor is the Governor, who now has the time to concentrate on State issues. Ordinarily one would predict compromise in these circumstances but he didn't know if this is predictable, because of the pent-up resentment in the Assembly over having been thwarted this year in having all of its policy issues passed. He invited recommendations, inqui- ries or comments during the year and expressed wishes for a happy holiday season. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Chief Planner Solomon stated: the Women's Reha- bilitation Association has currently been operating a group care facility at 18 Leo Circle for three quar- ters of a year; size of current use allows it to oper- ate without City approval under State law; they wish to expand the use slightly, which makes it subject to City review and approval; normally a group care facility over six persons is not permitted in the single family zoning district; recent court 12/13/95 Page 15 A~ENDA PUBLIC HEARINGS Public Hearing - Continuexl ACTION TAKEN PUBLIC HEARINGS cases on fair housing over six persons is not permit- ted in the single family zoning district; recent court cases on fair housing law obligate the City to make "reasonable accommodation" for certain types of uses, including this one; this is a new process for the Planning Department; they have been advised to treat this matter similarly to a use permit to be heard by Council; adjoining property owners have been noticed and staff has prepared findings and condi- tions of approval for Council's consideration; use is a supervised, residential care facility, currently with three adults and three children and WRA wants to increase the operation by including an additional child and a supervisor, for a total of four adults and four children; zoning issues are related to parking; proposed number of bedrooms, five, would normally require additional parking but, since residents are not allowed to use a car, the only vehicles at the site will be a van and possibly the supervisor's car; staff is suggesting a condition that a fifth bedroom be eliminated when this use ceases to be at this resi- dence, because City records do not reflect the fifth bedroom - which would have required an additional parking place; neither the police nor fire depart- ments report any problems with the existing opera- tion; use will have 24 hour supervision; because use will not apparently have a significant impact on this single family neighborhood, staff is recommending Council grant request, subject to the proposed condi- tions of approval. He stated Linda Carlson, Execu- tive Dir., WRA, was present. Mr. Steve Low, 30 Leo Circle, was against the increase. He was not aware the house was used for that type of facility. He has lived in his house for 17 years. He has talked to his neighbors and they don't want the increase either. Mr. David Raleigh, 70 Leo Circle, opposes the facility and had two concerns; granting the request to allow a residential living facility and increasing the number of occupants to nine, which is four adults, four children and one on-site manager - where no more than six persons are normally al- lowed. He has lived at the location for 15 years. Neither he nor any of his neighbors were notified of a request to allow a residential living facility. There will be increased vehicles without adequate garage space, which means they will be on the street. 12/13/95 Page 16 AQENDA PUBLIC HEARINGS 3. Public Hearing - Continued A~!!Q~ TAKEN 3Z PUBLIC HEARINGS Visitors of the facility are sleeping in their cars overnight, on the street, which he has witnessed personally on at least one occasion. He is concerned about transitory neighbors, with regard to owner- ship, maintenance and building value - predicated on a lack of monitory investment in the property by the residents of the facility. Mr. Leo Padreddii, 74 Leo Circle, spoke against the project, he has lived there since the homes were built. They were never notified of the existing use. It is being used as a transit house, people living there are there from two weeks to six months. There is an average of three to six cars there all the time, usually at least two in the driveway and three in the street. Last month there were two vehicles there with six occupants living in them. They were eating junk food, with everything being thrown out the window to the street and sidewalk. There is a 15 ft. planter area with a few trees and about six months ago there were children there from the facili- ty and they literally destroyed almost every tree on the block. They rolled big boulders down the 30' or 40' hill to the street, about 40 or 50 of them, some of them hit parked cars and he yelled at the chil- dren, who were not supervised by the residents of the facility. They dump transmissions, oil cans, beer bottles and cans, boxes, wood, two years in a row an old Christmas tree and old tires directly across from that house, it's like the So. San Fran- cisco dump is there. He didn't feel it is legal for this type of an operation in that unit. In December of 1977 the official records, the Declaration of Covenants, Conditions and Restrictions, say the unit is a dwelling designed for residential use by one family only, for residential purposes only not any hospital, sanitorium or institution for like or kindred nature. The units are all just four bedroom homes and, if they have five bedrooms, this means they have an illegal unit. Having transient people in a unit in that neighborhood increases the chances of a burglary by 50%, as there is no security in the back of their homes - it's all closed in. Mayor Drago closed the Public Hearing. Councilman Mullin stated Mr. Padreddii cited their CC&R's, which seem to exclude this type of a use and asked if there is a conflict between the CC&R's 12/13/95 Page 17 A~ENDA PUBLIC HEARINGS 3. Public Hearing - Continued AC!IQ_N TAKEN 33 PUBLIC HEARINGS and the State law that allows this type of use. City Attorney Mattas stated State law requires cities treat single family residential units with six or fewer people as single family units, so you cannot distin- guish between types of uses going in, as long as they are residential in character. He stated that action of Council would not be to consider whether or not any type of use could go in there but whether the expanded use is permissible there as a "reason- able accommodation". Regarding the CC&R's themselves, the only Supreme Court case on point is the Edmonds case, which is what is the basis of this request for "reasonable accommodation", it was directed at the Fair Housing Act and was a city attempting to come within a regulation, so they were not asked to address the issue of preexisting CC&R's. He was not in a position that night to advise Council as to whether or not the neighbor- hood would have their own, separate cause of ac- tion. He advised Council that they could not rely on the CC&R's as a basis for denial. Councilman Mullin asked for an identification of people with substance abuse. City Attorney Mattas stated it is a combination. The specific "reasonable accommodation" being request- ed is not under the ADA, it is under the Fair Hous- ing Act. The Fair Housing Act and ADA use very similar statutory definitions. A recovering substance abuser is a person protected under the ADA and is a person identified as disabled under the Fair Housing Act. Councilman Mullin asked what the type of occupan- cy was before this use and if it was under the gen- eral classification of transitory. Ms. Linda Carlson stated 18 Leo Circle has been a County funded program since April, but they have utilized that site as a residential, transitional home for recovering substance abusers for approximately five years. Other rehabilitation facilities and busi- nesses have utilized it in the past. They are licensed by the State of California and are not only mandated by the State to be licensed but also because it is a County funded program they are also under their policies and regulations. The WRA has been oper- 12/13/95 Page 18 A~ENDA ACTION TAKEN pUBLIC HEARINGS 3. Public Hearing - Continued 12/13/95 Page 19 PUBLIC HEARINGS ating women's residential programs since 1970. They are looking at the possibility of expanding for one child. They are licensed for children five years and under. The minimum length of stay in the program is 90 days to one year. The program is supervised 24 hours a day by staff, seven days a week. Councilman Yee asked if the comments by the neighbors indicating that there are too many cars, there is trash etc. were true. Ms. Linda Carlson stated to her knowledge this was not true. Residents are not allowed to have an automobile. This site has a vehicle that transports the residents and children to their counselling center every day from 12:30 to 4:30 to their Burlingame site, so they are not in the home five days a week. They have visitors on Sundays. She has never had any reports in the five years they have been there from any of the community or staff that there are people sleeping in cars, throwing trash etc. Discussion followed: when women come into the program they are free from substances the entire time they are in the program; they are discharged based on criteria; these are women who have chil- dren who have been on substance abuse but who are off and are reprogramming themselves for the work place; the facility is checked by the organization frequently; the property is owned privately by Laila Tannous and she has leased it to the organization for close to five years; police do not recall any record of problems on Leo Circle but no list of phone calls for service at that address was run. Councilman Yee asked the possibility of postponing the item to the next meeting in order to obtain more information. Discussion followed that more infor- mation from the police department was needed, the site should be visited and that the delay would not cause a problem, so long as we are not unreasonable in the delay. M/S Yee/Penna - To continue the item to the Janu- ary 10, 1996 meeting. Carried by unanimous voice vote. AGENDA ACTIQN TAKEN PUBLIC HEARINGS .4. Public Hearing - abandonment of Kauffmann Court and adjacent 5' wide public utility easement; conduct Public Hearing; adopt resolution - continued from 10/25/95 and a request for the item to be continued again. ,5'0 ~ t9 A RESOLUTION AUTHORIZING THE VACA- TION OF KAUFFMANN COURT AND AN AD- JACENT 5' WIDE PUBLIC UTILITY EASEMENT, WITHIN THE CITY OF SOUTH SAN FRANCISCO 15. Public Hearing - appeal of Planning Commission _ decision to deny modification of PUD-95-46 to allow a patio enclosure to encroach in the rear yard; con- duct Public Hearing; Motion to deny the appeal and uphold the decision of the Planning Commission - continued from 10/25/95. ,5'o .fi-co v,., 35 PUBLIC HEARINGS M/S Fernekes/Penna - To continue the item to com- ply with the applicant's request. Carried by unanimous voice vote. Councilman Yee stated he understood the reason for the continuance was because the Planning Commission did not have a quorum. Discussion followed: the Planning Commission did not have a quorum two meetings ago, they had a quorum and took action at the meeting of last Thursday night but staff did not have time to prepare the staff report; staff should know whether or not there will be a quorum - it doesn't make sense for people to go there and find there is no meeting; have the Plan- ning Commissioners call if they cannot attend; plan on a joint meeting with the Planning Commission right after the first of the year to discuss some of the problems. Mayor Drago re-opened the Public Hearing. Interim Dir. Econ. & Comm. Dev. Beyer stated that several questions from the October 25, 1995 meeting were addressed in the staff report. There are two issues for consideration relative to the appeal: one issue is whether or not a patio cover can legally be constructed in the zone or PUD - the answer is yes; the ordinance requires a 15' setback between the rear of the residence and the rear property line; can be a patio cover or enclosure, but it can only cover 5' into the 15' rear yard setback; it provides for a minimum rear yard of 10'; the applicant's patio enclosure goes approximately 12' into the setback and leaves only 3' from it to the property line; also encroaches on the side yard setback, where the minimum is 3', by about 1-%'; and the other issue is that, because it is a PUD, any action to change the standards, if this were to be approved or if the change be approved, would also effect approximate- ly 116 other units in that same PUD, because the standards would then be reflective on the other parcels as well; there is a potential it could also effect a number of other units within the Westborough Townhome Overlay District, which would include this area. City Manager Wilson stated Code Enforcement received an anonymous complaint that a neighbor 12/13/95 Page 20 A~ENDA PUBLIC HEARINGS 5. Public Hearing - Continued (Cassette No. 3) 12/13/95 Page 21 ACTION TAKEN 36 PUBLIC HEARINGS had constructed this room, we were going through a remodeling at that time and the item got lost. It was rediscovered and a communication went to the prop- erty. The property owner responded back to the City and we explained what the dilemma was about a constructed structure without Code Enforcement - so we were not sure whether it was structurally appropriate or if it met the zoning codes. After review, it was suggested it exceeded what the zoning code would allow. Before a building inspection was done they needed to find out what the Council would allow. Council requested the City go there, review it and take a physical look. This was done by the Fire Department and Building Inspection. The Building Inspector found it could be converted simply into an enclosed patio, a non-habitable space, where you could have heating and that the room was being used as a recreational workout room. The Inspector found, if this is going to be an acceptable use, the room could be brought to code by minor modifications and modest cost. The Fire Depart- ment looked at it as an individual structure and to see, if it set a precedent, if it would cause a dilem- ma regarding fire fighting and safety issues. Their opinion was, if built to code, it would not cause any great hazard. The issue now is whether or not that space would be appropriate to be enclosed or not enclosed. Councilman Yee asked if Council approved the space to be enclosed then could every other property in that specified area get a similar use. Discussion followed: the PUD was planned to accommodate the concept of having private open space in addition to the public open space; to ac- commodate existing law it would have to be cut back to comply with setbacks or be totally removed. Mr. Rodolfo Julao, 3906 Savannah Court, owner and applicant, stated there was a list of neighbors who approved the existence of the patio and he also brought a couple of neighbors to assist in getting approval of the modification. At the last meeting, prior Mayor Yee recommended the City Manager help him modify the patio, not remove it or cut it down, and the then Vice Mayor Drago's major concern was about it being a fire hazard. On No- vember 7th the Fire Department came to the house A~ENDA PUBLIC HEARINGS 5. Public Hearing - Continued AC!!QN TAKEN o,.. 37 PUBLIC HEARINGS and did the inspection. The Planning Department did not come to inspect the place. Five deficiencies were shown as needing to be corrected and they are just minor. Once done there will be no Fire or Building concerns. He is ready to begin compli- ance. He stated the recommendation on the staff report of 12/13/95 was to uphold the application appeal subject to guidelines and findings. Mayor Drago asked if he was saying that the building, as it exists now, is not a fire hazard to the main structure itself. City Manager Wilson stated the Fire Marshall indi- cated, because it is within the 3' setback, it would require a 1-hour fire wall and the owner would have to remove the siding, clad it and then reinstall the siding. Mr. Julao stated that in the Conditions Of Approval it says the addition must meet the UBC requirements within six months and asked when the time starts to run. City Manager Wilson stated the confusion was that if Council agrees to modify the standards within that PUD then, once in place, the City would be working with the applicant to bring the building up to code. If the planning standard is not modified, then the applicant would be facing a reduction in the size of or removal of structure. Mr. Julao stated at the last meeting it was said the Council would set up the standard and tho setback was not a major issue at that time since this is a PUD. City Manager Wilson stated the standard is a major item. It is a standard that has been adopted and the question is whether it's going to be modified. Mr. Van Ocampo, 3900 Savannah Ct., stated he is the next door neighbor. He said that even though, in the space between the garage and the house, you are allowed to build a single story addition very few actually have that. Regarding impact, whether in the front or in the back, it doesn't make a differ- ence. 360 days per year it is foggy, cold or windy in their community, you cannot even have a barbe- 12/13/95 Page 22 A~ENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued 12/13/95 Page 23 PUBLIC HEARINGS cue outside and asked Council to please let the applicant use the enclosure. He commented on the anonymous complaint of three years ago and asked, if it is such a fire hazard, why has it taken staff so long to sort out the paperwork. He asked why recommendations in the staff report say to uphold the appeal. Interim Dir. of Econ. & Comm. Dev. Beyer ex- plained the differences between the recommendations on the Agenda and in the staff report. He stated this staff report is different than that originally provided to accommodate the two options for Council - to deny the appeal or to approve it according to that condition or make modifications to some other standard. Mayor Drago asked if the Planning Commission was aware, when they made their denial, that a modifi- cation could be made at a moderate cost to make the structure legal. Interim Dir. of Econ. & Comm. Dev. Beyer an- swered that would bring it into compliance with the Building Code. The Planning Commission had a lot of discussion on the rear yard setback. Discussion followed: A Building Inspector was not even sent up to the site until they had to answer Council inquiries, because they were focusing on whether it would be a permitted activity before they determined if it were structurally sound or appropri- ate; Planning Commission denied it because they felt it was not an appropriate land use; land use and what the Ordinance says the land is to be used for; building regulations and public safety. Mr. Julao stated that in the area you are allowed a one story addition. There are areas where they have built an enclosure of two stories and asked if anyone has looked at those. There are plenty of patios out there that have been built not to specification and if this one is turned down Mr. Julao wanted the others to be refused. Mayor Drago closed the Public Hearing. Discussion followed: public open space and private open space; two private open spaces - between the AQENDA A~I!QN TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued 16. Public Hearing - appeal of 2 Planning Commission conditions for UP-95-997 to allow 24 hour truck fueling station with scales, washing and parking facilities and an automobile gasoline station including a convenience store with drive-up fast food service; conduct Public Hearing; Motion to deny appeal and ~o ~o 12/13/95 Page 24 PUBLIC HEARINGS garage and the main dwelling and the space between the main dwelling and the public open space; devel- opment allowed between the garage and the main structure but not in the 15' rear yard setback; Westborough area has a weather problem; when the PUD was created Planning Commission felt there should be private open space, exclusive of the area between the garage and the house; not only has this applicant illegally built into that area but others also have; Council presented all people who bought homes in the PUD with the assumption that the standards set for the 117 units, plus other areas, would be adhered to, there would be uniformity and n6 dramatic changes; although this is the best of the illegal buildings in the rear area, what do you tell the other people who have followed the rules; changes should only be made if they enhance or improve the area - these illegal uses do not; weather in Westborough has always been this way; rules or CC&R's the Association has to follow; send it back to the Planning Commission to see if there is a way where the encroachment into the rear yard area could be accomplished; appeal would have to be denied and then sent back to the Planning Commis- sion to review the PUD status. M/S Yee/Penna - To allow a structure into the rear yard and side yard setback, direct the Planning Commission to draft standards that could be used to modify this PUD so that the same standards would apply to all residences in that PUD district and direct staff to suspend enforcement of this particular action pending resolution on that PUD modification. Denied by majority roll call vote, Councilmembers Penna and Yee voted yes. M/S Mullin/Fernekes - To deny the appeal, and findings for denial are Exhibit 1. Carried by majority roll call vote, Councilmembers Penna and Yee voted no. Mayor Drago opened the Public Hearing. Chief Planner Solomon related: Olympian Oil had appealed several conditions of the use permit; use similar to that on an adjoining property; the two issues in original appeal have been resolved; two A~ENDA PUBLIC HEARINGS fi. Pubic Hearing - Continued uphold the decision of the Planning Commission. 12/13/95 Page 25 A~TION TAKEN 4O PUBLIC HEARINGS remaining items are a condition prohibiting sale of alcoholic beverages at the mini-mart and the amount of the Oyster Point Overpass Impact Fee; Police De- partment included a request to prohibit the sale of alcoholic beverages; there are no gas stations in the City selling alcoholic beverages; applicant has ap- pealed the amount of the Oyster Point calculation; original amount was $226,000 and could be revised to $189,000; Olympian Oil first suggested correct amount should be $11,000 and later stated they believed they owed no fee; recent approval by the Planning Commission of a separate phase at the site for the truck parking would increase the amount of the fee by about $6,000; Engineering Division re- viewed applicant's submittal and maintains the cor- rect amount is the $189,000 fee; staff is recommend- ing Council uphold the Commission's conditions for the permit but that the amount of the Oyster Point Fee be recalculated in the manner used in the Bay Area/Diablo appeal of last month. Councilman Penna stated at the last meeting they reduced the amount of money for a new business coming into town and didn't understand why this applicant, who has an established business and is just expanding on it, has to pay a fee. Chief Planner Solomon stated any application for an expansion that requires a use permit, that is trig- gered by 100 cars per day, is subject to an addition- al fee. Discussion followed: their original contribution would have been $226,076 but, because of an inter- pretation of the formula on a similar permit, it was reduced by 20% or more; if they were a warehouse user or hotel and were increasing the size of the warehouse or number of rooms we would not be in- creasing their fee; no fee change if there are no additional trips. Mr. Fred Bertetta, Jr., President of Olympian Oil, stated he was there to appeal the use permit condi- tions. He presented a history of their business in So. San Francisco, where it was born 41 years ago, and of the project they are discussing on East Grand Avenue, which they built 15 years ago. He an- swered the questions and responded to the assump- tions in the staff report: no new trips to the area A~ENDA ACTION TAKEN PUBLIC HEARINGS 6. Public Hearing - Continued ADMINISTRATIVE BUSINESS 17. Resolution authorizing budget transfer for removal and disposal of hazardous materials, amending pur- chase contract and authorizing staff to recover cost. A RESOLUTION AUTHORIZING AND AP- PROVING A TRANSFER OF $125,000 FROM THE UNDESIGNATED GENERAL FUND TO THE 12/13/95 Page 26 PUBLIC HEARINGS will be generated; competition from Bay Area Petro- leum will capture a percentage of their business, so they are forced to build a new facility to retain their present business volume; a fifteen year old facility cannot compete with a new facility; Bay Area can gain from their business and because they belong to a competing network; zoning changes impacted them; Forbes Blvd., the extension of Harbor Blvd., on the north side of East Grand Ave., generates much more traffic for Harbor than the Gateway extension, north of East Grand Ave., does for Gate- way; two studies he presented refute staff assump- tions; they feel they should have the same treatment Bay Area was given, with the same mini-mart with a Subway fast food attachment, of zero; there business will be shifted over to the new location to match the competitive nature of the new facility on the other side; they felt they should be given credit for 30 trucks and half of the car spaces Avis uses; the fee for the parking should not be charged; they now think 279 trips equals a contribution of $58,537.96. Mayor Drago closed the Public Hearing. Discussion followed: exceptions were granted to the other oil company; Olympian Oil is paying more than the other oil company; there will most likely not be new trips but lost trips; no credit was given for the Avis parking; Council adopted the formula over ten years ago, staff has applied this to everyone and there was never an appeal until two weeks ago; need for a postponement, for staff and Olympian to discuss the figures and for Council to review data; formula should be reviewed. M/S Yee/Fernekes - To continue the item to January 10, 1996. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mayor Drago stated they had a problem last time because the geological study made a recommenda- tion and now they are in a bind with almost $200,000. They are attempting to recover money from the consultant service. Discussion followed: agreement reached with Water AfiENDA ADMINISTRATIVE BUSINESS 7. Resolution - Continued 1994-1995 CAPITAL IMPROVEMENT PROGRAM FOR CONSULTANT AND CONSTRUCTION SER- VICES AND STAFF ADMINISTRATION AND AMENDING THE CAPITAL IMPROVEMENT PROGRAM (NO. 95-20) TO INCLUDE ADDI- TIONAL SCOPE OF WORK AND AUTHORIZING AMENDING A PURCHASE CONTRACT FOR THE REFUSE REMOVAL IN AN ESTIMATED AMOUNT OF $100,000 IN CONNECTION WITH GULL DRIVE REFUSE REMOVAL 18. Resolution approving transfer of Western TV Cable franchise to Tele-Communications, Inc. A RESOLUTION APPROVING TRANSFER OF CABLE TELEVISION FRANCHISE FROM CHRONICLE PUBLISHING COMPANY TO TELE- COMMUNICATIONS, INC./TCI COMMUNICA- TIONS, INC. ACIIQ_N TAKEN O. 42 ADMINISTRATIVE BUSINESS Quality and methodology to correct the problem; doing initial research on exposure, liability and fault; it is known who did the dumping but there may be another part at fault; will dispose of materials locally, or in Utah if necessary because of contamination level; total investment will be close to $250,000; our work plan is defined for our right-of- way only; we are complying with Water Quality Control, under their plan we removed a percentage of that dirt and they are now allowing us to put a cap on it, leaving the balance of the material down there; the toxic materials are paints, leads, thinners, solvents. M/S - Penna/Fernekes To adopt the Resolution. RESOLUTION 139-95 Carried by unanimous voice vote. Asst. City Manager Martel stated: current Ordi- nance provides terms and conditions for operation of the system; City Council must approve by resolution any sale, lease, transfer or assignment of the exist- ing franchise but cannot unreasonably refuse; a cable operator seeking to transfer ownership of the system that has been owned longer than three years must submit FCC Form 394 to the local franchise authori- ty; form was filed in the alternative by both TCI Communications, Inc. and TCI Cablevision of Cali- fornia; will be owned and managed as part of the country's largest cable television company, which is TCI. Valerie Castelana, Dir. of Planning and Dev. for TCI, stated: transfer is part of TCI's long term plan to acquire most of the cable properties throughout Northern California; plan is to interconnect all of the networks and build a telecommunications network; existing, good service will continue and you won't see a change in staffing. Discussion followed: the change will be invisible to the customers and Council; the employees will be in place, maintaining and installing cable; changes may eventually occur in the senior management staff. M/S Fernekes/Yee - To adopt the resolution approv- ing the transfer of Western TV Cable franchise 12/13/95 Page 27 A~ENDA A~TION TAKEN ADMINISTRATIVE BUSINESS g. Resolution - Continued LEGISLATIVE BUSINESS 19. Ordinance authorizing renewal of a cable franchise agreement between the City and Western TV Cable. Motion to waive reading and introduce the Ordinance. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL RELATED TO THE GRANTING OF A CABLE TELEVISION FRAN- CHISE AGREEMENT TO WESTERN TV CABLE, A SUBSIDIARY OF THE CHRONICLE PUBLISH- ING COMPANY ITEMS FROM COUNCIL 43 ADMINISTRATIVE BUSINESS to Tele-Communications, Inc. RESOLUTION NO. 140-95 Carried by unanimous voice vote. LEGISLATIVE BUSINESS Mayor Drago related: 5% of gross annual revenues is a standard franchise fee and that fee is passed on to the consumer; raise the fees to generate $150,000 in new General Fund revenue or keep it at the cur- rent franchise fee; City has the ability to request up to 30¢ per subscriber, per month, which would also put in $50,000 and it will also be added to the bill. Discussion followed: this is what the Scavenger Company does; sooner or later someone has to pay; purpose of charging a franchise fee; money is com- ing from the user; not costing us that much to moni- tor the franchise. M/S Yee/Fernekes - To waive reading of the ordi- nance. Carried by unanimous voice call vote. M/S Yee/Penna - To introduce the ordinance with the modification of Section 2.2 to reflect 2-~A % instead of 5%. Carried by unanimous voice call vote. ITEMS FROM COUNCIL Councilman Penna stated there is an increasing problem along Chestnut and Hillside with traffic and asked Council to have staff look at having contrac- tors developing in the area contribute to a stop light. City Manager Wilson related that intersection is within the Capital Budget and will come to Council in January with the issue. Councilman Fernekes asked about revising the sign ordinance. City Manager Wilson related it was sent to the Planning Commission, the drafts were done by the 12/13/95 Page 28 AGENDA AC!IQN TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 20. Closed Session pursuant to GC 54957.6, for labor relations with the City Manager, and pursuant to GC 54956.9(a) pending litigation - Syufy v. Alioto, et al. ADJOURNMENT 44 ITEMS FROM COUNCIL Attorney and it will probably be ready for the sec- ond meeting in January. Mayor Drago suggested that no new issue is started at the City Council Meetings after 11:30 p.m. and he thought we should restructure the layout of the meetings to deal with the public items first, so par- ticipants wouldn't have to sit until midnight. Mayor Drago stated Friday night the Selection Com- mitte~ for the County has a number of vacancies that will have to be voted on and he asked for and was given consensus for leeway to negotiate with other cities. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Deleted under Agenda Review. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:08 a.m. RESPECTFULLY SUBMITTED, City of South San Francisco 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 Office of the City Clerk and are available for inspection, review and copying. 12/13/95 Page 29