Loading...
HomeMy WebLinkAboutMinutes 1997-06-11 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin --lohn R. Penna Robert Yee SPE. CIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JUNE 11, 1997 MINUTES City Council Municipal Services Building Community Room June 11, 1997 089 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 1 lth day of June 1997, at 6:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Interview of applicants for the Conference Center Authority. City Clerk City of South San Francisco Dated: May 29, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Interview of applicants for the Conference Center Au- thority. ~/~"~, ACTION TAKEN 6:30 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Penna, Yee and Fernekes. Council Absent: None. Council interviewed Jeri Clark and George Chimenti and V. Marie David was a no show. Mayor Fernekes stated the Council will make ap- pointments in two weeks. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. 6/11/97 Page 1 ~ENDA ACTION TAKEN ADJOURNMENT: 090 Time of adjournment was 7:00 p.m. ,,ESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk City of South San Francisco J~sepht A. Fernelces, Mayor {7ity 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. 6/11/97 Page 2 Chairman Joseph A. Fernekes Boardmembers: James L. Datzman Eugene R. Mullin "'lohn R. Penna Robert Yee MINUTES - Recreation and Park District Municipal Services Building Community Room '~ 091 June 11, 1997 SPECIAL MEETING RECREATION AND PARK DISTRICT OF THE CITY OF SOUTH SAN FRANCISCO JUNE 11, 1997 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the Recreation and Park District of the City of South San Francisco will hold a Special Meeting on Wednesday, the 1 lth day of June 1997, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Motion to approve the Minutes of the Special Meeting of 4/23/97. Resolution approving a joinder to the lease between Raiser, LLC and the San Mateo County Harbor District. A RESOLUTION APPROVING A JOINDER AND THE FIRST AMENDMENT TO THE GROUND LEASE BETWEEN THE SAN MATEO HARBOR DISTRICT AND RAISER RESOURCES LLC 3. Adjournment. City Clerk City of South San Francisco Dated: May 29, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Motion to approve the Minutes of the Special Meeting of 4~23~97. ACTION TAKEN 7:05 p.m. Chairman Fernekes presiding. Boardmembers Present: Boardmembers Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. MIS Penna/Datzman - To approve the Minutes of the Special Meeting of 4/23/97. 6/11/97 Page 1 A~ENDA 1. Motion - Continued. Resolution approving a joinder to the lease between Raiser, LLC land the San Mateo County Harbor District. oz"/~-.~ A RESOLUTION APPROVING A JOINDER AND THE FIRST AMENDMENT TO THE GROUND LEASE BETWEEN THE SAN MATEO HARBOR DISTRICT AND RAISER RESOURCES LLC ADJOURNMENT: ACTION TAKEN Carried by unanimous voice vote. 092 City Manager Wilson stated this item is still under negotiations and asked that the item be continued. So ordered. M/S Mullin/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:08 p.m. RESPECTFULLY SUBMITI'ED, . B~bara A. Battaya, City Clerk (./ ~creation and Park District ity of South San Francisco APPROVED. Jo h A ernekes, Chairman ~ph .A. l~erne Rgcreatlon and Park D~stmct city of South San Francisco The entries of this Council meeting show the action taken by the Recreation and Park District 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. 6/11/97 Page 2 Mayor Joseph A. Femekes Council: James L. Datzman Eugene R. Mullin ---Iohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room June 11, 1997 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JUNE 11, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 1 lth day of June 1997, at 7:15 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, conference with legal counsel on existing litigation - Johnson vs. City of S.S.F. 2. Adjournmem. City Clerk City of South San Francisco Dated: May 29, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session, pursuant to GC 54956.9, conference with legal counsel on existing litigation - Johnson vs. City of S.S.F. ,.5'/ .... ~CALL TO ORDER: ACTION TAKEN 7:15 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Penna, Yee and Fernekes. Council Absent: None. Council entered a Closed Session at 7:15 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 7:30, all Council was present, no action was taken and direction was given. 6/11/97 Page 1 A~ENDA A~TION TAKEN ADJOURNMENT: RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clert~ City of South San Francisco M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:31 p.m. APPROVED. lose~ h A. ~ernek~s, tVl-ayor Cit~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. 6/11/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin -'"lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room June 11, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS -:ce Hero Award to Al Seubert - Beautification Commit- e by Chairperson Marie Peterson AGENDA REVIEW City Manager Wilson Requested: - Remove Item 10, 13, 20, 21 and 22 and continue to 6/25/97 meeting. Mayor Fernekes Requested: - Continue Item No. 23. ORAL COMMUNICATIONS ACTION TAKEN 7:35 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. The Pledge was recited. Rev. Neely, Grand Ave. Baptist Church, gave the invocation. PRESENTATIONS Chairperson Peterson gave the award to Mr. Seubert and Mayor Fernekes stated he recently gave a Citi- zen of the Year award for the Elks Club to Mr. Seubert. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Mr. Ken Wall, 218 Bryce Ave., spoke on the Air- port Roundtable: He is here representing a number of residents; they are responding or reacting to an article in the Examiner regarding Atherton com- plaining of planes flying low overhead; an official quoted as saying there are more and larger plans to accommodate large number of passengers; FAA has established rules on major spaces of aircraft and limited approaches over the bay; many S.S.F. resi- dents sympathize with other cities with aircraft noise problems; many in his neighborhood are under the 6/11/97 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 6/I 1/97 Page 2 ORAL COMMUNICATIONS flight paths of the Pacific Rim flights and the planes are large, heavily loaded and make prolonged roars passing overhead; we are not happy living with the noise of the aircraft, but in all fairness we have to establish a benefit provided by a world class airport plus its economic vitality and being a conduit of travelers going to worldwide events and the vendors and contractors operating at SFO; the Airport em- ploys 30,000 individuals, many residing locally; we S.S.F. residents tolerate aircraft noise because we like living here for a number of reasons - most of us enjoy the weather, like being close to S.F. and major freeways, the major schools, the re, develop- ment; we are grateful for the insulation and the windows and doors from the insulation program; the article also said the Airport has offered to insulate the homes in Atherton and they are not interested, at least some of them because their enjoyment of the outdoors would be compromised; the FAA is going to increase 6,000'-7,000' to overfly Woodside; the article also mentioned the experiment over Pacifica, rather than the South County because of the com- plaints of the residents of Atherton and that ended when the residents complained in Pacifica; it is not a new issue and hits a responsive cord in the resi- dents; we don't know if having those cities in the south as voting members is appropriate or not; we urge you to consider it wisely to assure that S.S.F. and other impacted communities are fairly represent- ed on the Roundtable; make sure that giving voting rights is in our best interests; the residents will take it badly if there is increased noise in our City and if there is an experiment to increase aircraft noise just to see if we will complain as loudly as the others; he assured the Council this group will voice it and some among us feel the noise has increased over the past few years and want to talk to Councilman Yee about the airport noise. Councilman Penna related: Council has spoken about this at the last few meetings; is it for us to direct Councilman Yee to vote against this or have we not agendized the item; should it be put on the next meeting. Councilman Yee apprised Councilman Penna that it is on the agenda tonight, on the Consent Calendar. He offered to meet with Mr. Wall and the residents to deal with some of their concerns. AGENDA _ACIIQ_N TAKEN COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 5/7/97, Special Meeting of 5/14/97, Regular Meeting of 5/14/97, Special Meeting of 5/28/97 and Special Meeting of 5/28/97. 2. Motion to confirm expense claims of 6/I 1/97. ~ ! ,.3 3. Resolution to rename the 400 block of Point San Bruno to DNA Way. SO~o A RESOLUTION RENAMING THE 400 BLOCK OF POINT SAN BRUNO BOULEVARD "DNA WAY" Resolution approving the proposed Amendment No. 2 to the 1981 Airport/Community Roundtable Memo- _ randum of Understanding. 5 / ~ A RESOLUTION APPROVING AND AUTHORIZ- ING THE EXECUTION OF AMENDMENT NO. 2 TO AIRPORT/COMMUNITY ROUNDTABLE MEMORANDUM OF UNDERSTANDING Resolution of award of contract to Accutite Environ- mental Engineering, in the amount of $132,871, as the lowest responsible bidder for the removal/re- placement of underground storage tanks and a budget amendment of $152,871 to authorize an additional contingency of $51,000 for contaminants. ,5'~5~ o ,5'J 2-D 6/11/97 Page 3 COMMUNITY FORUM Vice Mayor Mullin related: last Saturday night his neighborhood had an extremely heavy aircraft fly over, which happens to be outside the noise foot- print, and the residents will be holding a neighbor- hood meeting to deal with those particular issues. There was a United Airline flight that had an engine blowout on takeoff and had to come out and circle the City and make a large loop to return to the Airport, and that accounted for the incident Saturday night at 11:45 p.m. He does not know about the incident Friday night, but they rivaled each other. Mayor Fernekes directed staff to look into a day in September or October to have S.S.F. Day to show- case the Departments to the residents on the things that the City offers. This used to be done with a street fair, but this will not be to the same degree. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Yee. Approved in the amount of $1,262,885.28. Removed from the Consent Calendar for discussion by Councilman Datzman. Removed from the Consent Calendar for discussion by Vice Mayor Mullin. Removed from the Consent Calendar for discussion by Mayor Fernekes. AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO ACCUTITE ENVIRON- MENTAL ENGINEERING FOR THE REMOV- AL/REPLACEMENT OF UNDERGROUND FUEL TANKS PROJECT IN THE AMOUNT NOT TO EXCEED $132,871.00, APPROVING A PROJECT BUDGET OF $152,871.00 AND AUTHORIZING AN ADDITIONAL CONTINGENCY IN THE AMOUNT OF $51,000.00 TO BE USED IN THE EVENT CONTAMINANTS ARE ENCOUNTERED 6. Resolution authorizing the Caltrans Master Agreement for Federal Aid Projects. 5'0'~ d) A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANS- PORTATION, AGREEMENT IDENTIFIED AS AGENCY - STATE MASTER AGREEMENT NO. 04-5177 Resolution of award of contract to Harry Pipelines, Inc., in the amount of $69,160.00, as the lowest re- sponsible bidder, for the McDonnell Drive Sewer Project and approving a budget amendment of $94,560.00 of the Capital Improvement Budget..~,O'~'7 50~1 A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO HARTY PIPELINES, INC. FOR THE MCDONNELL AVENUE SANITARY SEWER REPLACEMENT PROJECT IN THE AMOUNT OF $69,160.00, APPROVING A PRO- JECT BUDGET OF $94,560.00 AND AMENDING THE 1996-97 CAPITAL IMPROVEMENT BUDGET 8. Motion to approve plans and specifications and au- thorize the advertisement of bids for the Orange Park Interior and Exterior Painting Project. ,ffoz~ 9. Resolution awarding a two year contract for landscape and street median maintenance of the West Park 1, 2 & 3, Grandview Commons, Stonegate Ridge and Willow Gardens Common Greens to Environmental Care in the amount of $679,829.00, as the lowest _ responsible bidder. ,5'0 t9 ~, A RESOLUTION OF AWARD OF CONTRACT CONSENT CALENDAR RESOLUTION NO. 59-97 RESOLUTION NO. 60-97 Approved. RESOLUTION NO. 61-97 6/11/97 Page 4 AGENDA ACIIQN TAKEN CONSENT CALENDAR Resolution - Continued. FOR WEST PARK 1, 2 & 3, GRANDVIEW COM- MONS, STONEGATE RIDGE, WILLOW GAR- DENS COMMON GREENS AND STREET MEDI- ANS 10. Resolution approving a joinder to the lease between Raiser Resources LLC, San Mateo County Harbor District and Recreation and Park District. .5'/I ~ A RESOLUTION APPROVING A JOINDER AND THE FIRST AMENDMENT TO THE GROUND LEASE BETWEEN THE SAN MATEO COUNTY HARBOR DISTRICT AND RAISER RESOURCES, LLC 11. Resolution amending the Capital Improvement Pro- gram Budget for the Junipero Serra Blvd. Tree and Street Overlay Project in the amount of $300,000.00. A RESOLUTION AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE JUNIPERO SERRA BLVD. TREE AND STREET OVERLAY PROJECT 12. Resolution amending the Capital Improvement Pro- gram Budget for the Callan Blvd. Tree and Street Overlay Project in the amount of $147,700.00..,~'/2.0 A RESOLUTION AMENDING THE CAPITAL IM- PROVEMENT PROGRAM BUDGET FOR THE CALLAN BLVD. TREE AND STREET OVERLAY PROJECT Motion to approve Minutes of the Special Meeting of 5/7/97, Special Meeting of 5/14/97, Regular Meeting of 5/14/97, Special Meeting of 5/28/97 and Special Meeting of 5/28/97. Resolution to rename the 400 block of Point San Bruno to DNA Way. ~ $O CONSENT CALENDAR Removed and continued by the City Manager under Agenda Review Removed from the Consent Calendar for discussion by Councilman Yee. Removed from the Consent Calendar for discussion by Councilman Yee. RESOLUTION NO. 66-97 M/S Penna/Yee - To approve the Consent Calendar with the exception of Items No. 1, 3, 4, 5, 11 and 12. Carried by unanimous voice vote. Councilman Yee asked that page 48 of the 5/14/97 minutes be changed from the name Drago to Datzman. Carried by unanimous voice vote. Councilman Datzman stated the Mayor worked with Genentech for this and there is no impact. He 6/11/97 Page 5 AGENDA ACTION TAKEN Resolution - Continued. ~ RESOLUTION RENAMING THE 400 BLOCK OF POINT SAN BRUNO BOULEVARD "DNA WAY" Resolution approving the proposed Amendment No. 2 to the 1981 Airport/Community Roundtable Memo- randum of Understanding. ff]~ A RESOLUTION APPROVING AND AUTHORIZ- ING THE EXECUTION OF AMENDMENT NO. 2 TO AIRPORT/COMMUNITY ROUNDTABLE MEMORANDUM OF UNDERSTANDING asked if there will be signage for those people going down Forbes looking for Point San Bruno. City Manager Wilson stated there will be signage in both directions. M/S Datzman/Penna - To adopt the Resolution. RESOLUTION NO. 62-97 Carried by unanimous voice vote. Assistant City Manager Moss stated the recommen- dation from the City Attorney is to approve the proposed Amendment to the Airport/Community Roundtable MOU. He stated certain cities in San Mateo County have expressed interest in joining the Roundtable in order to participate in efforts to re- duce aircraft noise. Vice Mayor Mullin stated, in light of the previous speaker he wanted to share with the general public the provisions, and also Resolution No. 93-01. He does not know who is going to make the report, but would make comments after that. Assistant City Manager Moss stated in December 1993, Resolution 93-01 was adopted to memorialize the long standing policy of not shifting from one community to another the noise when related to aircraft operations at SFIO. The Roundtable will continue to adhere to the policy set forth in Resolu- tion 93-01 allowing new voting members will not change the prior policies established, but would allow the new cities, 1) to be represented and be- come voting members of the Roundtable, agree to comply with the original MOU and Amendment No. 1 to the MOU, and 3) to contribute annual funding to the Roundtable in the same amount as current city members contribute or such additional funds as may be recommended by the Roundtable. If Council concurs with the proposed Amendment No. 2 chang- es, as is recommended for this, would not change the patterns or noise from one area to another. Vice Mayor Mullin stated, at the 5/14/97 meeting when Mr. Chinn, who has been retained by the Airport as a coordinator for government relations. He referred Council to page 47 of the minutes of that particular meeting, pages 47 and 48, talking about what it would take to make a lot of changes 6/11/97 Page 6 A~ENDA ACTION TAKEN _..3. Resolution - Continued. A RESOLUTION RENAMING THE 400 BLOCK OF POINT SAN BRUNO BOULEVARD "DNA WAY" Resolution approving the proposed Amendment No. 2 to the 1981 Airport/Community Roundtable Memo- randum of Understanding. ,5' / ~-3 A RESOLUTION APPROVING AND AUTHORIZ- ING THE EXECUTION OF AMENDMENT NO. 2 TO AIRPORT/COMMUNITY ROUNDTABLE MEMORANDUM OF UNDERSTANDING asked if there will be signage for those people going down Forbes looking for Point San Bruno. City Manager Wilson stated there will be signage in both directions. M/S Datzman/Penna - To adopt the Resolution. RESOLUTION NO. 63-97 Carried by unanimous voice vote. Assistant City Manager Moss stated the recommen- dation from the City Attorney is to approve the proposed Amendment to the Airport/Community Roundtable MOU. He stated certain cities in San Mateo County have expressed interest in joining the Roundtable in order to participate in efforts to re- duce aircraft noise. Vice Mayor Mullin stated, in light of the previous speaker he wanted to share with the general public the provisions, and also Resolution No. 93-01. He does not know who is going to make the report, but would make comments after that. Assistant City Manager Moss stated in December 1993, Resolution 93-01 was adopted to memorialize the long standing policy of not shifting from one community to another the noise when related to aircraft operations at SFIO. The Roundtable will continue to adhere to the policy set forth in Resolu- tion 93-01 allowing new voting members will not change the prior policies established, but would allow the new cities, 1) to be represented and be- come voting members of the Roundtable, agree to comply with the original MOU and Amendment No. I to the MOU, and 3) to contribute annual funding to the Roundtable in the same amount as current city members contribute or such additional funds as may be recommended by the Roundtable. If Council concurs with the proposed Amendment No. 2 chang- es, as is recommended for this, would not change the patterns or noise from one area to another. Vice Mayor Mullin stated, at the 5/14/97 meeting when Mr. Chinn, who has been retained by the Airport as a coordinator for government relations. He referred Council to page 47 of the minutes of that particular meeting, pages 47 and 48, talking about what it would take to make a lot of changes 6/11/97 Page 6 AGENDA ACTION TAKEN 4. Resolution - Continued. 6/11/97 Page 7 with respect to the Roundtable in response to some questions. That it would take a unanimous vote, legal opinion says a majority vote carries, then the item about Pacifica that was mentioned in Sunday's paper as well. It goes on, Pacifica is opposing this with the Roundtable for it was an experiment to reroute over Pacifica that was conducted poorly, where at 7,000' it slam dunked across Pacifica and the bay at a high altitude. There were some changes in arrivals over southerly cities as low as 3,500' over Atherton. It goes on to say, FAA ruling is that you cannot shift noise from one community to an- other and that is set in stone. There is a problem in the south that can be corrected. Why is that in order to shift noise from Atherton they did run an experiment so, how did that procedure occur when there is no allowance of a noise shift, etc. Councilman Yee explained: a year or so ago there were a lot of planes coming from the far East during the early evening hours to land at SFO, and that caused a lot of concern for people in Atherton, Menlo Park, Palo Alto and so forth; there are a lot of pilots that live in the area, as well as sit on the Roundtable; so there was a recommendation that perhaps those planes coming at those hours could fly high over the Pacific Ocean into Pacifiea, and over the Bay and make a so-called slam dunk, they call it a teardrop maneuver; this was thought to not impact anyone coming over the Bay and into SFO and they tried the experiment; this looked good on paper, but in actuality it didn't work in Pacifica and caused a lot of problems and the Roundtable ceased the ex- periment; this was never intended to be a sol- ution, so that created a great deal of concern with the southern cities; so, they were performing their own group of 8 or 10 cities for a Roundtable; so the question was, should we have two Roundtables or one so all the concerns can be in one large Roundtable; there was a consensus during the dis- cussion that the Roundtable would be more useful than two Roundtables; there are 13 cities on the Roundtable and it takes 7 votes as a majority to change the policy; they already have 5 members voting for the change and most of these people are associated with the Airport and S.F. County and so forth; we are all going to have concern about noise and the operation at the Airport and should not separate into two Roundtables for all of those con- cerns should be addressed by one body; our goal is to not have more noise than we already have and the AGENDA ACTION TAKEN 4. Resolution - Continued. 6/11/97 Page 8 current MOU does not allow shifting of noise; there are two choices - do not approve this amendment and they form their own Roundtable, he recom- mends approving the Amendment and be well repre- sented on the Roundtable. Vice Mayor Mullin noted this states that an alternative member will be appointed to represent the City, yet he once filled in for Councilman Yee. Councilman Yee stated he is the representative and the Mayor is the alternate if he could not attend a meeting. Vice Mayor Mullin stated Resolution 93-01, if there was a move to change that, and he understood it took a majority vote for the ability to eliminate the policy of not shifting noise from one community to another. Councilman Yee stated the MOU with the Airport has to change, but does not know the process. City Manager Wilson stated it is a majority vote and the concurrence of the Airport. Discussion followed: letters received from Foster City on this subject; the FAA has sole jurisdiction, for they control air traffic because safety is of ut- most concern; Councilman Penna reiterated concerns from the last meeting that Millbrae is also impacted, for 85% of all flights take off over the Bay with the back roar into Millbrae, Burlingame and Hillsbor- ough; his having served several years on the Roundtable he is very familiar with the moves South County has made in the past of trying to get onto the Roundtable with the same reasons given, and it was resisted at that time. Councilman Penna related: the resistance is because S.S.F., Pacifica and San Bruno are heavily impacted by outgoing flights and we always felt that Hillsborough, Burlingame, Millbrae and Foster City are short a few votes, but if you add South County cities in with their vote you suddenly have Menlo Park, Atherton, Portola Valley, Woodside and Red- wood City; then there is a substantial amount of votes to make an imbalance which could influence a political decision, this is his concern; his other concern is that when you have people like Shirley Temple Black, George Schultz, the Secretary of AGENDA ACTION TAKEN 4. Resolution - Continued. 6/11/97 Page 9 State living in Portola Valley and Woodside there is a great deal of influence that does take place in that part of the County on policy having to do with the Federal Government and the FAA, and for that reason the Council has always resisted this in the past; he does not see two Roundtables being estab- lished without some sort of Airport input; he feels it is not in our best interests to allow these cities to come into the Roundtable because he thinks they are there for just one specific reason and that is to elimi- nate flights over their cities; the thought right now is to raise the height that they come in from 6,000' to 7,000' and if done, it will eliminate the problem as was done before, but now they are back to 6,000' and the complaints are back; this is something the FAA can handle with those cities and they do not have to come into the Roundtable, for they are not impacted as we are here and he cannot support this resolution. Councilman Datzman stated Mr. Moss did a good job of describing the mixed blessing that comes with having an Airport in the area, the kind of complex- ity of the issues we are facing and why the Roundtable was formed to begin with, and we know the noise doesn't go away. The reason for Council- man Yee's presence at those meetings is represent- ing our citizens and our City's concerns and he thought he did a good job a couple of weeks ago of laying out a scenario that was helpful for him to understand. It was for people to discuss the noise issues and try to decide if we would be best served by altering, and so forth. When the issue came up of the cities to the south, and it is not a new issue, it is real clear it is not going to go away. If they are not allowed to participate in a Roundtable, he heard clearly, then they go and form their own group and start pressuring and we will have to have someone sit in on that group to protect our interests in addi- tion to the Roundtable meetings already occurring. He knows there is a certain amount of risk, but it is clear to him if we enlarge the Roundtable, listen to their concerns, and then we can still represent our own interests. Councilman Penna stated they cannot form their own group unless they have the sanction of the Airport, and the Airport is not about to sanction another group. Councilman Yee stated the Airport sanctioned this AGENDA ACTION TAKEN 11. Resolution - Continued. Resolution of award of contract to Accutite Environ- mental Engineering, in the amount of $132,871, as the lowest responsible bidder for the remov- al/replacement of underground storage tanks and a budget amendment of $152,871 to authorize an addi- tional contingency of $51,000 for contaminants. ,,fiD'8 A RESOLUTION AWARDING THE CONSTRUC- TION CONTRACT TO ACCUTITE ENVIRON- MENTAL ENGINEERING FOR THE REMOV- AL/REPLACEMENT OF UNDERGROUND FUEL TANKS PROJECT IN THE AMOUNT NOT TO EXCEED $132,871.00, APPROVING A PROJECT BUDGET OF $152,871.00 AND AUTHORIZING AN ADDITIONAL CONTINGENCY IN THE AMOUNT OF $51,000.00 TO BE USED IN THE EVENT CONTAMINANTS ARE ENCOUNTERED Resolution amending the Capital Improvement Pro- gram Budget for the Junipero Serra Blvd. Tree and Street Overlay Project in the amount of $300,000.00. A RESOLUTION AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE JUNIPERO SERRA BLVD. TREE AND STREET OVERLAY PROJECT amendment and if we are going to do anything we should do it in a cooperative manner - not only with the Airport, but with all the communities around us, etc. M/S Mullin/Datzman - To adopt the Resolution. RESOLUTION NO. 63-97 Carried by majority roll call vote, Councilman Penna voted no. Vice Mayor Mullin felt this was a close call and this was the right way to go. Mayor Fernekes agreed, and stated we have been pioneers in noise insulation in this County in a cooperative effort with the Roundtable, the FAA and the Airport. Mayor Fernekes stated that the Company he works for owns Accutite and he will not participate or vote on the issue. M/S Penna/Yee - To adopt the Resolution. RESOLUTION NO. 64-97 Carried by majority voice vote, Mayor Fernekes abstained on the item. Councilman Yee cited his questions: how did the process take place, because we already approved the entire State Grading Project at the last meeting; according to the staff report you asked for another $250,000 which seems like a large number; when he looks at that he says what happened, don't you look at these before you go to bid; explain how you after the award need this amount of money. Director of Public Works Gibbs stated he decided that the reconstruction go to the City limits on the west side underneath the bridge. It was not included and we felt it should and that is the additional resur- 6/11/97 Page 10 AGENDA ACTION TAKEN 11. Resolution - Continued. 12. Resolution amending the Capital Improvement Pro- gram Budget for the Callan Blvd. Tree and Street Overlay Project in the amount of $147,700.00. ,.~ A RESOLUTION AMENDING THE CAPITAL IM- PROVEMENT PROGRAM BUDGET FOR THE CALLAN BLVD. TREE AND STREET OVERLAY PROJECT facing. He stated item one is a change order, item two is for the removal of the trees, if you remember some time back, March 12th, there was a presenta- tion on the method of removing trees. Councilman Yee asked who was going to remove and replant the trees. Director of Public Works Gibbs stated the contractor will remove and replace the trees. Discussion followed: what about the conduit; it is from Avalon/Hickey Blvd.; Councilman Yee cited a number of concerns - he is concerned that there is only $16,000 different between the first and second bid and a possible challenge, for after you awarded the contract you changed the project significantly by a quarter of a million dollars; if they had known you were going to do that they may have been the low bidder; he is not sure that is fair; he can understand a change order is not unforeseen, for you could have known all along and he is concerned for this is a 25 % change order before even starting the project; his suggestion is to remove the last item be- cause he believes they can get funding from TSM rather than spend our money; the distance is way too far from Hickey to King and you are not going to get traffic through in a timely manner; he does not know how you can incorporate less than a quarter of a million dollars to Interstate for trees, for they have to sub it out; he asked the City Attorney if he understood his concerns. City Attorney Mattas stated the change order is within the permissible approach in percentages, but if it's your desire to bid for a competitive quote then he does understand, but the change order is 25% of the contract and the numbers are within the scope. With some projects there are change orders for excavations and it is isolated and this is not changing the object of the project. Councilman Yee stated the reason he pulled Item 12 was because it deals with the trees also. He sug- gested consolidating the tree project as one bid from 11 and 12. He also has the same concerns on the change order and this gives him the impression these things are not well thought out. Director of Public Works Gibbs stated Interstate would still be lower, based on the surface, but he 6/11/97 Page 11 AGENDA ACIIQ_N IA_KEN 12. Resolution - Continued. 6/11/97 Page 12 can argue if you enlarge the second bid the second bidder could bid differently. He stated this is the right contractor, but item 2 and 3 could be consoli- dated with Callan Blvd. that has a similar tree plant- ing. He stated Councilman Yee was right for costs were not included. Councilman Yee stated he felt the City could proba- bly go to bid on the tree project rather than go through Interstate, for he is not a tree contractor. Director of Public Works stated the only problem he had with the suggestion, some of the trees have to be removed before we rip up the street for the roots have to be cut and that will be done based on Park & Recreation. Some of the trees could fall over if you remember the presentation. Councilman Yee says he gives up. Councilman Datzman stated he is hearing, like anything else, there are a number of ways and the City Attorney says this is proper, but he understands that Councilman Yee has a different perspective. Vice Mayor Mullin asked if the conduit and the pull boxes are not items where Measure A monies can be used. This is for potential signalization and where will that be installed. Director of Public Works Gibbs stated this request came from the City Engineer and then the resurfac- ing. The cost at this time will be considerably less and Councilman Yee is correct there are probably funds for it, but if we choose to use the funds that may not be the case at that time. Councilman Yee related: we have a number of interconnections - El Camino and Spruce, use AB funds and grant monies only if those streets are qualified; it is hard for him to believe we need an interconnection, for it's nothing more than traveling from one end to the other where you don't stop; you spend $43,000 to put it in and it is a waste of mon- ey. Councilman Datzman thought there was discussion for future development between King Drive and Hickey. Councilman Yee stated this is nothing more than a AQENDA A~!!QN TAKEN 12. Resolution - Continued. RECESS: RECALL TO ORDER: PUBLIC HEARINGS 13. Public Hearing - Consideration of Negative Declara- tion ND-97-030 and General Plan Amendment GP- 97-030 deletion of freight forwarding and related uses from the Planned Industrial land use category of the East of 101 Area Plan; Public Hearing opened and closed on 5/14/97 and continued to this date; Motion to continue to the 6/25/97 meeting. 5'~ ~ ~ A RESOLUTION ADOPTING NEGATIVE DEC- LARATION ND-97-030 AND APPROVING GEN- ERAL PLAN AMENDMENT GP-97-030 AMEND- ING THE EAST OF 101 AREA PLAN POLICY 5A TO DELETE FREIGHT FORWARDING AS A USE conduit between Avalon and King or Serramonte. If we need it let's try to get grant funds for $43,000 is a lot of money. If it is needed we can use the shoulder area for it is not a big project and he does- n't like to use money that will be sitting here for another year. Director of Public Works Gibbs stated maybe we can leave this item off and report back on this item. City Manager Wilson recommended that Council proceed with the change order and not activate the $43,000, because he thinks some good points were raised. M/S Penna/Mullin - To adopt the Resolution for the Junipero Serra Blvd. Tree and Street Overlay Pro- ject. RESOLUTION NO. 65-97 Carried by unanimous voice vote. M/S Yee/Datzman - To adopt the Resolution for the Callan Blvd. Tree and Street Overlay Project. RESOLUTION NO. 66-97 Carried by unanimous voice vote. Mayor Fernekes called a recess at 8:45 p.m. Mayor Fernekes recalled the meeting to order at 9:00 p.m. PUBLIC HEARINGS M/S Penna/Datzman - To continue the item to 6/25/97. Carried by majority voice vote, Mayor Fernekes did not participate or vote on the item. 6/11/97 Page 13 AGENDA _ACIIQN TAKEN PUBLIC HEARINGS Public Hearing - Continued. CONSISTENT WITH THE PLANNED INDUSTRI- AL LAND USE CATEGORY 14. Public Hearing - Extension, for a period of 10 months and 15 days, an ordinance prohibiting the processing or approval of applications for use per- mits, variances or other land use permits or zoning entitlements for freight forwarding, warehouse and distribution or related uses which may conflict with proposed amendments to the East of 101 Area Plan and the City General Plan; Conduct Public Hearing; Motion to waive reading and adopt an urgency ordi- nance that takes effect immediately; Motion to approve report describing measures taken to alleviate condition leading to adoption of interim ordinanc~/~ AN EXTENDED INTERIM URGENCY ORDI- NANCE PROHIBITING THE PROCESSING AND APPROVAL OF APPLICATIONS FOR USE PER- MITS, VARIANCES OR OTHER LAND USE PER- MITS OR ZONING ENTITLEMENTS FOR FREIGHT FORWARDING OPERATIONS WHICH MAY CONFLICT WITH PROPOSED AMEND- MENTS TO THE EAST OF 101 AREA PLAN 15. Public Hearing - Consideration of an appeal of the Planning Commission denial of UP-97-012 and Miti- gated Negative Declaration ND-97-012 to allow a charter bus parking lot and vehicle washing area with associated landscaping located at 119 So. Linden Avenue in the M-1 Light Industrial Zone District in accordance with S.S.F. Municipal Code Section 20.30.030(c) Asian American Charter/4C Contrac- tors, Applicant, Jon Mead, Owner; Conduct Public Hearing; Motion to deny the appeal and uphold the decision of the Planning Commission. (Councilman Penna Left the Podium Due to a Con- flict of Interest). PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Pro Tem Mullin opened the Public Hearing. Mayor Pro Tem Mullin closed the Public Hearing when no one chose to speak. M/S Yee/Datzman - To waive reading and adopt the Urgency Ordinance. ORDINANCE NO. 1204-97 Carried by majority voice vote, Mayor Fernekes did not participate or take part in the vote. Mayor Fernekes opened the Public Hearing. Chief Planner Harnish related: the applicant began operating the business sometime prior to 1/10/97 without a use permit or business license; on January 10th a Code Enforcement Officer visited the site and issued a cease and desist order after discovering that construction was occurring without any building or other required City permits; this was done with full knowledge of the City's permit requirements; the applicant and his representative met with staff as early as November 1996, to discuss the City permit requirments and necessary site improvements; de- spite the clear understanding of the need to obtain necessary approvals and permits, the applicant im- proved the site and began operation of the business without obtaining a single City permit or approval; next was a stop order and the applicant continued to carry out physical improvements and operate the business; and the site was visited by Water Quality Control Inspector Honan and staff, and the applicant was informed about the requirement of the water 6/11/97 Page 14 AGENDA ACIIQ_N TAKEN /~ PUBLIC HEARINGS ~. Public Hearing - Continued. 6/11/97 Page 15 PUBLIC HEARINGS control and it is not determined whether or not the construction complies with Code; the application for the use permit was received in February, about a month after the cease and desist order; after hearing the testimony from the staff, the Planning Commis- sion asked the applicant's contractor about the deci- sion to go ahead without the permits, and was told it was a business decision; based on the testimony, the Commission determined this project was a parking lot for charter vehicles and washing space; the Com- mission was concerned that even though this use would be permitted with the use permit there was the disregard of the City's requirements and the construction that took place, and there were no inspections and some of it was underground or covered up with no way of telling if it complied with the Code and they denied the use; staff is asking Council to uphold the Commission's denial of the use permit; if Council thinks it is appropriate to grant the appeal, then all of the conditions of ap- proval in the Planning Commission staff report should be imposed and four additional conditions - that the current business ceases until all conditions are complied with, the use permit be granted for a period of 90 days and an extension be considered following certification by staff and finally the applicant reimburses the City for enforcement ac- tions related to the project. Mr. Lou Dell'Angela, Consultant, stated he was hired to represent John Mead after the Planning Commission meeting was held. He related: here is a situation where you have a particular use that meets the Zoning Ordinance; because of the actions of a contractor the project proceeded ahead without permits and the application was denied; he knows what has to be done to comply with all of the City's requirements and he has prepared an updated map showing the improvements proposed for compliance; the landscaping on the plan is substantial on the property and is on close to 20% of the lot; Mr. Mead's lease ran out in Burlingame and he found a lot here, complied with the General Plan and hired a general contractor and said this is what needs to be done; the contractor went ahead and assured him it could be done with minor penalties - which was a drastic mistake; people hire contractors and put their faith in them and trust that they are going to do the right thing, and if they make mistakes you have to AGENDA ACTION TAKEN PUBLIC HEARINGS 3. Public Hearing - Continued. 6/11/97 Page 16 PUBLIC HEARINGS pay for it; he has been in contact with the contractor and he was uncooperative and opinionated on what has to be done; this use is a good use, a proper use and he has a petition from the surrounding property owners one of whom is Four Star Automotive; Mr. Mead has every intention to make the changes the City wants; they met with all City staff on all the important things that had to be done - the storm- water on the site had to be separate from the washer in the rear, so we do not have wash water going into the system; they met with Ray Honan on the capaci- ty and worked the stormwater out on the plan and it has been approved by Mr. Honan of the WQCP; Mr. Mead has agreed to all the conditions of ap- proval and is here to agree on the record that he will make the necessary connections that need to be made; the only modification they ask is in terms of landscaping, if there should be a six foot strip along the property line and he asked this be removed because it backs up to a railroad and we have done the landscaping that is most visible and is twice what is required by the City; the second condition is there should be an enclosure cover on the washing, but for the purpose of maneuvering this condition it makes that difficult, and a pneumatic valve is being suggested as a substitute in lieu of the covering, because the covering can prevent serious problems; the third request is that Mr. Mead has been operat- ing the utility system, which is not hooked up, and there cannot be business until there is a water sys- tem, but for all intents and purposes other than landscaping, it is a completed lot; he asked the Council to allow Mr. Mead, during the 90 day period, to operate and the Council can be the judge if he does not perform; this is a conforming and permitted use and Mr. Mead is asking for another chance by upholding the appeal and be allowed to continue operations during the 90 days and go ahead and get the improvements done so he can have an on-going business; he stated the contractor acted as Mr. Mead's agent, but not in a responsible way; a pneumatic valve closes when buses are being washed in the area, so the drainage goes into the sanitary sewer and not the stormwater; if the top is covered and not the side you will have water into the stormwater drain, so the value may be more effective and give more maneuverability around the site; until there is rainwater on the site there will be no business on the site; at the Commission meeting AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearings - Continued. 6/11/97 Page 17 PUBLIC HEARINGS it was said that the tandem spaces were not accept- able, so they went out and restriped for the tandem; one of the first things he did when he came in was to talk to the contractor, for he is the source of the problem; he asked for a site plan to show to staff and make sure they are satisfied with the improve- ments, and the contractor did not produce the plan until the last moments; he is as frustrated with this as staff, but that does not answer your question for he has been jerked around by the contractor. Discussion followed: Councilman Yee asked if a plan could be circulated now; staff did not attempt to pass it out, because they did not review it to provide direction; Councilman Datzman asked if the applicant filed a complaint on the contractor; the contractor was very argumentative with Mr. Dell'Angela; etc. Mr. John Mead stated he is a resident home owner in S.S.F., thanked the Council for hearing this tonight and he was sorry to take up their time. He related: Mr. Dell'Angela did point out that the staff report did refer to the applicant being aware of certain things, but he assures Council they are not referring to him; he is a small businessman operat- ing buses in the Bay Area and have no idea of what goes on in these kinds of actions and never bought property or dealt with a contractor; he thought this was the contractors responsibility to get the permit; he accepted responsibility, was swayed by the con- tractor, and had no time to realize the severity; after talking to the City Attorney, he called the contractor and said something had to be done, and he indicated this was not a problem for he has friends on the Planning Commission; the staff report says he was aware of the worse case scenario and he asked the contractor once and he stated that you would have to pay penalties and he said he had no problem with that, but had no intention of completely disregarding the City's process; if the Council allows his business to operate in this City, he has every intention to comply with whatever the City requires of him; in response to Councilman Datzman, no he has not filed any sort of complaint against the contractor, for he is between a rock and a hard space and is still in the middle of an open contract,, but considering what has transpired he is considering it; there is washing presently on the site; we temporarily AQENDA A~!!QN TAKEN //~ PUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 18 PUBLIC HEARINGS site; we temporarily borrow a hose and borrow water from Four Star; he told them they could use it to spray on the windows, so yes we have been doing it for a short time; there are used mops at the site; etC. Mayor Fernekes closed the Public Hearing. Discussion followed: Councilman Datzman noted, the face sheet of the staff report, second paragraph is testimony by staff at the hearing indicated that the applicant began operating prior to January 10th without a use permit or business license; a cease and desist order was issued when it was discovered that there was construction without any building permits, the next line says this was done with full knowledge of the City's requirements; Mike Rozzi and Ray Honan visited the site, and the staff report said they had conversation with Steve Carlson and Richard Harmon; work was done on the public right-of-way without permits and Mr. Rozzi red tagged him; Mr. Rozzi stated he was at the site when Rich DeSanto issued the citation; Mr. Rozzi stated the contractor poured the apron going to the parking lot and there was some steel; that would be the actual driveway approach, on the City right-of-way from back of the curb without an encroachment permit and he poured all the way out to the sidewalk and we said stop; the apron is all the way to the curb, a big piece of concrete; Mr. Rozzi has an appointment with a contractor adjacent to the site, he pulled up and he was talking to Mr. Cory; Mr. Rozzi asked what they were doing and said don't you think you need a permit and Rich DeSanto came by and he asked him to issue it; the concrete was not poured within the right-of-way; after receiving the stop work order the contractor poured concrete the following Saturday; do we have storm drainage on the site; Mr. Honan does not believe we do, when he talked to the con- tractor in December for he was referred to him by engineering and he gave him his requirements at that time, and say you may have a problem with the stormwater for to his knowledge there are not any storm drains and did not know how he could con- form the drainage for the nearest is on So. Linden and Victory; the City Engineer has not seen the latest plan; Mr. Honan stated the cover would mini- mize the water into the sanitary sewer; an alternative down at Oyster Point there is a transfer station and AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 19 PUBLIC HEARINGS they have an electric pneumatic valve and when it rains the rain hits that and the valve turns and de- faults to the storm drain system; it lets the first five minutes of rainfall go into the separator, then into the sewer and after that, it closes to the sanitary sewer and all water goes to the storm drain system; this can be done at some of our sites where they don't have to have a cover; Councilman Datzman reread the staff report on the decision to proceed without permits; Councilman Yee does not see it quoted that way in the minutes, and he was at that particular Planning Commission meeting and that is not his recollection, there is a tape but it was not transcribed here; Mr. Mead was not at the Com- mission meetings due to pressing matters he had to attend to; first of all he looked at the letter and interpreted it as a recommendation that the use permit be approved and he still asked the contractor if it was necessary to attend, because he had person- al things to take care of, and he said no it was not necessary; page 5 of the entire report, one of the concerns was the impression that the decision to go forward was made, but it was a business decision and the applicant was not at the meeting and there was no way to tell that the representative made accurate comments; Vice Mayor Mullin did think that Mr. Mead got blind sided by the contractor, but there is a six month trail and you acknowledged a number of events along the way; he read through everything and there are all sorts of red tags and stop orders, but did Mr. Mead ever sit down and say he was being shafted by this guy; Councilman Yee had not personally heard that, but as far as he could tell at the Planning Commission meeting that the only contact with Mr. Mead was early in the process and the engineer represented him through all of the rest of the contacts; Councilman Datzman was also convinced of that, but there is still an illegal use going on; he does not know where the water is going and he is concerned about the culpability and whether the work being done has rebar and meets Code; Mr. Mead should go after his contractor; the red flags should have tipped off staff that all is not right and all the work has to be verified. Discussion followed: Mayor Fernekes had problems with the June 24th memo from Mr. DeSanto and a day later Mr. Mead knew the problems and yet, work was still proceeding; the contractor told Mr. AGENDA ACIIQN TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 20 PUBLIC HEARINGS DeSanto on 1/10/97 on site that he was working on permits and coming in; prior to the contact back of curb to the asphalt portion at the gateline; on the 16th of January Mr. DeSanto checked to see if the use permit had been activated and it had not; on 1/22/97, Mike Rozzi said this was a new driveway on a Monday, and the driveway had been poured on the weekend; Mr. DeSanto started working on a letter in January and mailed it to the business owner, as well as to the contractor, but there was no response and then Mr. Corey, the contractor, did call him on 2/4/97 to advise him he was still work- ing on the plan and expected to get it in a couple of days; so no other work has proceeded; the site is not hooked up to the sanitary sewer; Mr. Mead did apply for a business license and was told it would be subject to the use permit and there was no use in proceeding; it was filed a month ago, but previous to that in November he was told it would be subject to the use permit; Councilman Yee stated everyone had the same emotion in reading the report - we have to get even with this guy and show control, but when you put emotions aside and deny it now - what are you going to have there for there is no other option, we have to make use of the property; City Attorney Mattas stated, if Council denies it you will authorize the commencing of an action to close the operation down and go to Court, which we did in the Christmas Tree operating without a license; Councilman Yee stated Council has to deal with the problem so it does not have to deal with it again; he asked if Mr. Mead agreed with the conditions, other than the three items identified earlier; Mr. Mead stated he did; Councilman Yee recalled, the land- scaping on the back Mr. Mead preferred not to have, and to delete the covering for the wash area; in lieu of that, approval of a pneumatic valve system as staff recommended and a utility hookup; Mr. Dell'Angela stated one of the things that engineering wanted was the utility hookup and he wanted to meet with engineering to see what they needed; his other condition was to continue operating during the improving process and continue to use the lot and not be closed other than that John Mead will say he is in full agreement with all conditions in the staff report; City Attorney Mattas asked the owner to state for the record his conditions including the alternative conditions related to reimbursement; Mr. Mead has not been told a number for reimbursement AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 21 PUBLIC HEARINGS to the City; City Manager does not yet know the enforcement amount; City Attorney stated the City can only charge the reasonable charge, but quantify the staff effort since the unlawful actions, but it will be in the thousands of dollars for it involves his and the Manager's time; Councilman Yee wants to go with the staff recommendation for the 90 days and report back to the Council to see progress on all the items to be done; he wants to see the concrete drive- way removed and replaced with the proper permits, for clearly it was in violation when the inspector went out there and stopped the work; his recommen- dation included the 3 or 4 items from Mr. Dell'Angela, the landscaping and covering included; Councilman Datzman is finding difficulty with a map presented tonight that was not reviewed by staff, so unless staff changes its recommendation then we should proceed and let the process take care of itself; Councilman Yee does not want the City Attorney to spend time in Court to stop Mead's operation, for eventually we have to deal with the problem tonight or two months from now, so give him 90 days and get all these facts strengthened out rather than deal again with the permit for this is only a parking lot and realizes Mr. Mead did wrong; etc. Director of Economic & Community Development Van Duyn related: he did recommend that the project was consistent with the General Plan at that time; when the matter went before the Planning Commission and all the violations were noted there was no reasonable way to approve this; staff recom- mendation is to see this appeal denied and in the denial to cease/desist this operation, refile the appli- cation and go through the proper permits like any- one else submitting this application in consistence with City requirements; would go through the de- partment procedures that would accomplish what Councilman Yee is talking about and still bring the project up to a standard; give the opportunity to review the plans, make sure all the assurances for the conditions for compliance and necessary utility hookups are correct and have them in some sort of guaranty and heard by the Planning Commission and it can be approved there and doesn't have to come back to Council provided all the assurances have been made and complied with and the hearing is conducted properly; that is staff's recommendation AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. (Cassette No. 2) 6/11/97 Page 22 PUBLIC HEARINGS and we are prepared to stand by it this evening. Councilman Yee asked, wouldn't the 90 days do the same thing for you. City Attorney Mattas related: the critical issue on the 90 days is whether or not you allow them to continue to operate during the 90 day period until such time as they have satisfied all the permit re- quirements, and he understood that to be Mr. Dell'Angela's request - to be allowed to continue to operate while it is proceeding, his opinion, from the standpoint of ultimate conclusion of this issue is if the Council was to go with the staff recommendation of not allowing them to operate until such time as the conditions have been brought into place and they are satisfied, then that would accomplish the goal in the Director of Economic Development's statement that he should not be allowed to operate until such time as he has all permits in hand, but it would also forego the additional steps that would be incumbent upon going to court and getting an order directing him not to operate, if in fact he doesn't voluntarily choose to operate; if this Council denies the applica- tion he shouldn't be operating at all tomorrow, the operations should cease automatically because there are no permits, he has exhausted all of his adminis- trative rights and it would be a blatant violation if he should be in operation tomorrow; he believes there is merit in Councilman Yee's contention that if ulti- mately the Council believes that a properly con- structed and authorized use out there is an appro- priate land use, then staff's recommendation, includ- ing cessation of use out there, accomplishes that goal. Councilman Yee related: two options the Council should take unless Councilman Datzman Changes his position - deny the permit and let the applicant go back and start from zero, stop business until he gets a permit which could mean a month, and he hates to see that he is responsible for him not operating a business even though he is responsible for the prob- lems; nevertheless, he has a local business in town and we all know this business is going to take place in town; he does not see the Planning Commission in the future denying it, or us too, for this is the right kind of use for the area; or we can go with the City Attorney's suggestion until he gets a permit which could be months in which he would be with AGENDA ACTION TAKEN pUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 23 PUBLIC HEARINGS out a business. Mr. Mead stated, closing him down for 90 days would create an extreme hardship, for it is his ob- jective to run his business in compliance with City Codes; it will be hard to find a facility because it took him years to find this one. Councilman Datzman reiterated the process which could be started tomorrow morning, and he has a problem with that process being short circuited. Councilman Yee asked, can we allow the applicant to continue the use on the site and come back to Council with all the conditions, say within 30 or 60 days, so we don't have to get into the cease and desist. Director of Economic & Community Development Van Duyn stated, this use has been out there since January as a business in full operation without the necessary permits or approvals, now part of the recommendation of the Planning Commission and staff is there is not a lot of compliance issues as pointed out, and the land issue has substantial merit, but there is extensive staff time in running this thing down; maybe it's $1,000 or $2,000 of staff's time here, but this man can comply within two weeks; the net effect of that is operating the business with- out a hookup and he has to vacate the premises potentially to bring the project up to Code; so, the total penalty for starting a business and running that business in this City without permits illegally is a two week suspension of his businesses; we have code enforcement, street inspectors, sanitary sewer inspectors, City Manager, two City Attorneys, planning staff and others dealing with this issue -- and then only have a two week suspension; that doesn't seem to be much of a penalty, so what will prevent someone else from doing the same thing; he thinks if Mr. Mead had a proper contractor it could be done in two weeks, and he brings it into compli- ance within 90 days, which is the alternative recom- mended from staff. Motion by Councilman Datzman - To deny the appeal and uphold the Planning Commission denial of UP-97-010. AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 24 PUBLIC HEARINGS City Attorney Mattas made a clarification, based on findings that are equal to those adopted by the Plan- ning Commission that are in your packet and also on the testimony heard tonight. Motion failed for lack of a Second. Motion by Vice Mayor Mullin - For the alternate Motion set out on page 2 of the staff report that will include cessation of business until all the appropriate permits are obtained, that the use permit be granted for a period of 90 days to come back for review (I presume by the Planning Commission, in substantial conformity -- sorry, by the Council). That the applicant reimburse the City for all the enforcement costs incurred and he is not sure that would neces- sarily be the case if this is denied and if a new process is begun. Also that the work done, particu- larly with the illegal concrete apron and access into the City right-of-way be curb cut or cut to, or what- ever the process would be to determine that it meets City standards, and City Codes rather than up and pour a new one; and the map that has been forward- ed to the City be verified for consistency and the rear set-back area landscaping could be deleted; that the pneumatic valve, assuming that staff finds that to be an adequate measure to prohibit additional storm water entering the sanitary sewer system and the other appropriate water related issues be properly addressed. Mayor Fernekes Seconded the Motion. Councilman Yee asked, what about the continued use of the property. Vice Mayor Mullin stated that is not part of his Motion, the operation ceases until they comply - as short or as long as it takes, probably shorter if he gets another contractor. Councilman Yee asked, does compliance mean physically all the work done or just get the plans done. Vice Mayor Mullin stated his Motion would include whatever the standard procedures of the departments are to indicate compliance. PUBLIC HEARINGS 5. Public Hearing - Continued. 6/11/97 Page 25 PUBLIC HEARINGS City Attorney Mattas stated, it would have to be physically done and approved by a City inspector. Councilman Yee noted that is going to be a long, long time. He questioned, if this Motion passes how do you proceed with the stop operation. City Attorney Mattas stated, if we are advised by code enforcement tomorrow that they continue to operate then we would seek a temporary restraining order because they would be operating in violation of the approval of the Council and would ask the Court to order them to stop operating. He asked the Motion maker to approve the Negative Declaration as part of the Motion, and secondly ask that the applicant State for the record his concur- rence to the conditions posed in the Motion. Vice Mayor Mullin amended his Motion to include the Negative Declaration. Mr. Mead stated he will comply with those require- ments. Councilman Yee asked Mr. Mead, you concur with the Motion that you will stop operation tomorrow and will continue to stop your operation until you complete all the improvements. Mr. Mead stated he could see a possibility of his complying with that, but his question is whether he could leave his vehicles that are not going to operate in the facility and go ahead and take out vehicles that he does intend to operate and store somewhere else, at another location. City Attorney Mattas stated the Motion would have to be amended to permit vehicles, unused, to stay on the premises. Vice Mayor Mullin stated he would be willing to amend his Motion, for the second time, to allow the storage of non-operational vehicles not subject to verification or the permit process. That amendment is not in any way to infer that there would be any operation on that site. The business in effect would cease until all permitting was met by the logistics of storing non use vehicles. AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. ouncilman Penna Returned to the Podium. 16. Public Hearing - Consideration of ordering assess- ments for fiscal year 1997-98 for the West Park l&2 Parks and Parkways Maintenance District; Conduct Public Hearing; adopt resolution. A RESOLUTION APPROVING ENGINEER'S RE- PORT, CONFIRMING DIAGRAM AND ASSESS- MENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1997-98 FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 AND 2 PARKS AND PARKWAYS MAINTENANCE DIS- TRICT 17. Public Hearing - Consideration of ordering assess- ments for fiscal year 1997-98 for West Park 3 Parks and Parkways Maintenance District; conduct Public Hearing; adopt resolution. PUBLIC HEARINGS Mayor Fernekes Seconded the two amended Mo- tions. Discussion followed: Councilman Datzman stated he heard that the applicant will pay for all enforce- ment costs - he asks up to where, if the applicant changes his mind about paying those costs. The City Attorney stated it is in the thousands of dollars and may very well be $10,000-$20,000, he does not know the costs which staff will tabulate and if he fails to pay it, it will go against the property as a lien and in violation of their use permit and would not be able to begin operation and that is part of the penalty of not obtaining the proper permits. The City Manager stated the enforcement costs will be prepared within a couple of days; the charges are due and payable before they commence their busi- Bess. Carried by majority roll call vote, Councilman Datzman voted no, and Councilman Penna ab- stained. Councilman Penna returned to the podium at 11:00 p.m. Mayor Fernekes opened the Public Hearing. Director of Parks, Recreation & Community Ser- vices Nagel stated bonds were issued for these three assessment districts for a payback in the year 2001. He stated there are no increases in the three assessments and this one remains at $54.00 per parcel and is exempt from Proposition 218 because it is a payback. Mayor Fernekes closed the Public Hearing. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 67-97 Carried by unanimous voice vote. Mayor Fernekes opened the Public Hearing. Director of Parks, Recreation & Community Ser- vices Nagel stated this assessment remains at $60.00 per parcel. 6/11/97 Page 26 AGENDA ACTION TAKEN PUBLIC HEARINGS 7. Public Hearing - Continued. A RESOLUTION APPROVING ENGINEER'S RE PORT, CONFIRMING DIAGRAM AND ASSESS- MENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1997-98 FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT 18. Public Hearing - Consideration of ordering assess- ments for fiscal year 1997-98 for Willow Gardens Parks and Parkways Maintenance District; Conduct Public Hearing; adopt resolution. ,5'~' A RESOLUTION APPROVING ENGINEER'S RE- PORT, CONFIRMING DIAGRAM AND ASSESS- MENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1997-98 FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DIS- TRICT DMINISTRATIVE BUSINESS 19. Resolution requesting San Mateo County Board of Supervisors use the San Marco County Flood Control District as the funding mechanism to support the County-wide NPDES General Program. ~'0 ~ '7 A RESOLUTION RECOMMENDING THAT THE SAN MATEO COUNTY FLOOD CONTROL DIS- TRICT IMPOSE CHARGES FOR FUNDING COUNTY-WIDE NATIONAL POLLUTION DIS- CHARGE ELIMINATION SYSTEM (NPDES) GEN- ERAL PROGRAM 20. Resolution approving the Scavenger Franchise Agree- mem. 3"~. ~-'7 A RESOLUTION APPROVING AN AGREEMENT FOR COLLECTION AND DISPOSAL FAA SOLID WASTE BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SOUTH SAN FRANCISCO SCAVENGER COMPANY AND AUTHORIZING EXECUTION OF THE AGREEMENT PUBLIC HEARINGS Mayor Fernekes closed the Public Hearing. M/S Penna/Mullin - To adopt the Resolution. RESOLUTION NO. 68-97 Carried by unanimous voice vote. Mayor Fernekes opened the Public Hearing. Director of Parks, Recreation & Community Ser- vices Nagel stated the cost per parcel of this District is $230.00 per parcel. Mayor Fernekes closed the Public Hearing. M/S Penna/Mullin - to adopt the Resolution. RESOLUTION NO. 69-97 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mr. Ray Honan, WQCP, stated the rate is the same as FY 1996-97 and we are now in the 5th year of the Program. Councilman Yee asked staff to investigate another alternative because there is going to be a new pro- gram that perhaps we can do ourselves. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 70-97 Carried by unanimous voice vote. Continued to 6/25/97, by the City Manager under Agenda Review. 6/11/97 Page 27 AGENDA ACTION TAKEN ]2.~-- LEGISLATIVE BUSINESS Motions to waive readings and introduce ordinances on junk collectors. ~'2 Z-~ AN ORDINANCE AMENDING CHAPTER 8.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL AN ORDINANCE AMENDING CHAPTER 8.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO RECYCLABLE MATERI- ALS AN ORDINANCE AMENDING CHAPTER 6.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX- ES PAYABLE BY PRIVATE RECYCLING AGENTS AN ORDINANCE AMENDING CHAPTER 6.56 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO PRIVATE RECYCLING AGENTS Motion to waive reading and introduce an ordinance on nuisance abatement. ,5'2.'/ AN ORDINANCE ADDING CHAPTER 8.26 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO ABATEMENT OF NEIGH- BORHOOD NUISANCES ITEMS FROM COUNCIL 23. Resolution opposing passage of AM 158 on cardrooms. ,5-/ A RESOLUTION OPPOSING PASSAGE OF AB 158 AND AUTHORIZING THE CITY MANAGER TO PROVIDE INFORMATION TO THE CALIFORNIA LEGISLATURE GOOD AND WELFARE ADJOURNMENT: LEGISLATIVE BUSINESS Continued to 6/25/97, by the City Manager under Agenda Review. Continued under Agenda Review by the City Man- ager. ITEMS FROM COUNCIL Mayor Fernekes asked that Item 23 be continued under Agenda Review. GOOD AND WELFARE No one chose to speak. M/S Mullin/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:10 p.m. 6/11/97 Page 28 AGENDA ACTION TAKEN R___ESPECTFULLY SUBMITI'ED, APPROVED. ~ya, City Cl~rk~~ City of South San Francisco Joseph A. Fernekes, Mayor 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. 6/11/97 Page 29