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HomeMy WebLinkAboutMinutes 2000-04-26MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING April 26, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:35 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Datzman, Mullin and Penna*, Mayor Pro Tem Fernekes and Mayor Matsumoto. Absent: None *Councilman Penna arrived at 8:52 p.m. PLEDGE OF ALLEGIANCE: Led by Mayor Matsumoto INVOCATION: Given by Reverent Richard Neeley, Grand Avenue Baptist Church. He announced that Thursday, May 4, 2000 is National Day of Prayer and a ceremony will be held 12:30 p.m. at the City Hall Fountain. PRESENTATIONS · Proclamation: Older Americans Month, May 2000 - Presented by Councilman Mullin to Senior Advisory Boardmember Dag Alholm · Proclamation: Municipal Clerks Week, April 30 - May 6, 2000 - Presented by Mayor Pro Tem Fernekes to City Clerk Payne · Presentation: $150,000 loan repayment from Fran Wagstaff, Director of Mid-Peninsula Housing Coalition, for Greenridge housing project. Proclamation presented by Councilman Datzman to Ms. Fran Wagstaff. AGENDA REVIEW No changes PUBLIC COMMENTS Mr. Nick Patterson, 103 Cherry Avenue, discussed his recent contact with the District Attorney's office and Police Department regarding problems he is having with a neighbor. Mayor Matsumoto advised Mr. Paterson to seek retribution through the court system. Ms. Jackie Williams, 242 Longford Drive, stated her concern regarding the school zone designation, the length of time it is taking to have the matter resolved, Councilman Datzman's replacement for the School Liaison Subcommittee, 'and reinstating Good and Welfare on the agenda. Mr. Don Mason, 10 Arlington Drive, stated his frustration with the hearing process and the lack of opportunity to address staff regarding issues. Messrs. Norm Faria, Chamber of Commerce President, and Jim Metz, Chairman of the Downtown Merchants Association, acknowledged Councilman Datzman for his community service and presented him with plaques from each organization. Councilman Datzman stated his appreciation for the recognition, announced that this was his last meeting and acknowledged his family members that were present. He briefly addressed the years he lived and worked in the community, his support for staff and appreciation for public participation. (Recess. 8:05 p.m. - 8:29 p.m.) ITEMS FROM COUNCIL · Community Forum · Council Subcommittee Reports Councilman Fernekes reported on the recent Oyster Point Overcrossing Subcommittee (Matsumoto/Fernekes) meeting and the ArtRise Subcommittee (Matsumoto/Fernekes) meeting. Two draft plans for a new theater were presented and further revisions were recommended. He updated Council on the School Liaison Subcommittee (Femekes/Datzman) regarding Winston Manor Homeowner's Association recommendation to adopt the "S" zoning designation. Councilman Femekes stated his support for this designation and asked that this item be agendized. Councilman Datzman further commented on the "S" designation and explained the complications that transpired. He stated his support for the school designation, disappointment in the School District's upkeep of Serra Vista School, the pride the Homeowner's Association have in their neighborhood, and asked that the matter be agendized. At the request of Councilman Mullin, the ArtRise Subcommittee further explained the status of the new theater and its cost ($2.3 million). The facility will include a gallery, theater in the round, with 180 moveable seats, multi-purpose facility, two classrooms and a kitchen. Initial discussions have been to assign the facility to the Park and Recreation Department. Funding mechanisms are being explored. Councilman Mullin announced a noise conference sponsored by Regional Airport Planning Committee (RAPC) will be held at the Conference Center on May 4, 7:00 p.m. He encouraged residents to attend. Mayor Matsumoto thanked those students who participated in the Cultural Arts Commission Annual Youth Art Show. She also recognized South San Francisco High School students who REGULAR CITY COUNCIL MEETING APRIL 26, 2000 MINUTES PAGE 2 are participating in the Quiz Kids and have advanced to the second round of competition, which will be held May 6, 12:45 p.m. The competition will be aired on Peninsula TV, Channel 26. She also stated that a housing study session was held on April 19, and meetings are open to the public. CONSENT CALENDAR Motion to approve the minutes of the April 12 special and regular meetings and April 13, 2000 community meeting 2. Motion to confirm expense claims of April 26, 2000 in the amount of $4,908,341.54 o Motion to accept the Avalon Terrace public improvements for maintenance, and release the project bonds Resolution No. 31-2000, awarding construction contract to G&G Builders, Inc. for Buri Buri play area renovations in the amount of $48,830 o Resolution No. 32-2000, awarding construction contract to Vargas & Esquivel Construction Inc., for Chestnut and Grand Avenues traffic signal improvements in the amount of $187,317 and to amend the project budget of an additional $91,750 in Measure A funds o Resolution appropriating $89,500 from the Conference Center undesignated fund balance to the FY 1999-2000 operations budget to fund professional services to conduct the Conference Center expansion feasibility study Item pulled from Consent Calendar for discussion (see below). Resolution No. 33-2000, authorizing a master lease agreement with the Municipal Finance Corporation for the acquisition of an ambulance, fire truck and street sweeper Councilman Mullin requested Item No. 6 be pulled from the Consent Calendar. Motion-Femekes/Second-Mullin: To approve Consent Calendar Item Nos. 1, 2, 3, 4, 5, and 7. Approved by voice vote. Consent Calendar Item No. 6: Councilman Mullin asked for clarification from Conference Center Director O'Toole regarding the contract for the proposed feasibility study and what it will encompass. She stated it will look at the demand for a potential expansion, and based on sufficient demand it will look at what type of services the expansion will include (meeting, exhibit, storage spaces, etc), financial projections, and potential requirements for attracting a headquarters hotel to support an expanded center. Councilman Mullin stated his objection to the scope of study and its focus. Discussion continued regarding the hotel analysis information and how it will be used, actual expansion of the Conference Center and how that will be accomplished, and linking the Conference Center to a headquarters hotel. REGULAR CITY COUNCIL MEETING APRIL 26, 2000 MINUTES PAGE 3 Conference Center Authority members Penna and Femekes stated their support for the study. Mayor Pro Tem Fernekes noted this item was unanimously approved by the Authority. Councilman Mullin requested monthly informational reports on Conference Center bookings be provided to Council. Mayor Matsumoto stated the performing arts center could also be used for overflow bookings. Motion-Fernekes/Second-Penna: To approve Resolution No. 34-2000, approving a budget appropriation of $89,500 from the Conference Center undesignated fund balance to the FY 1999-2000 operations budget to fund professional services to conduct the Conference Center expansion feasibility study. Unanimously approved by voice vote. PUBLIC HEARING Oakmont Vistas: Consideration of Negative Declaration, ND-98-054; Planned Unit Development, PUD-98-054; Vesting Tentative Subdivision Map, SA-98-054; Tentative Parcel Map, PM-98-054 - a 33-unit single family residential subdivision; Applicant: John Hansen PSC, Inc. (continued from January 26, February 9, and March 22 meetings) To be continued to June 14, 2000 meeting Motion-Mullin/Second-Femekes: To continue Oakmont Vistas, PUD-98-054, to the June 14, 2000 meeting. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS o Receive projected use of funds for Community Development Block Grant Program Year 2000-01, approve resolution authorizing submittal of all required documents to the Department of Housing and Urban Development and authorizing the execution of all documents necessary to secure and award CDBG funds for the City (continued from April 12) Staff report presented by Housing and Community Development Manager Fragoso Motion-Penna/Second-Datzman: To approve Resolution No. 35-2000, authorizing submittal of all required documents to the Department of Housing and Urban Development and authorizing the City Manager to execute all documents necessary to secure and award Community Development Block Grant funds for the City. Unanimously approved by voice vote. 10. Consideration of report related to funding for Oyster Point Grade Separation Phases II and III and resolution authorizing budget amendment Staff report presented by Public Works Director Gibbs. REGULAR CITY COUNCIL MEETING MINUTES APRIL 26, 2000 PAGE 4 11. 12. Council complimented Director Gibbs for accomplishing the agreement for project funding. Mayor Matsumoto discussed with Director Gibbs the potential lack of bidders on the project and the availability of cement. Director Gibbs indicated that there are contractors who are interested in this project and although materials are in demand it is expected that work at the airport will be slowing down when this project begins. Councilman Mullin discussed with Director Gibbs the $897,000 allocated to pay for contaminated soil clean-up, difficulties handling contaminants, and a previous contractor's concern with handling contaminated material. Motion-DatzmandSecond-Femekes: To approve Resolution No. 36-2000 authorizing an amendment to the 1999-2000 Capital Improvement Program budget (CIP 00-4) for the Oyster Point Boulevard Widening Project, Oyster Point Grade Separation Phase II (Flyover) Project, Oyster Point Grade Separation Phase III (Hook Ramps) Project and authorizing the City to enter into the funding agreement described in the San Mateo County Transportation Authority (SMCTA) Resolution No. 1999-31. Unanimously approved by voice vote. Resolution adding the Corporex/Hilton Hotel site at Marina Boulevard remediation project to the 1999-2000 Capital Improvement Program and establishing a project budget of $1.8 million Staff report presented by Public Works Director Gibbs. With reference to the Third Amendment Ground Lease Agreement, Councilman Penna asked for clarification on recovering costs of remediation through transient occupancy tax revenues and length of time payback will occur. Staff explained the payback is guaranteed whether Hilton builds or does not build. City Attorney Mattas clarified the indemnifying provision. Director Gibbs explained how the site will be developed to avoid an exposure situation and assured Council that additional remediation at the site will require Council approval. Councilman Penna stated his concern regarding methane gas and Director Gibbs stated that it will be controlled by a burner system. Motion-Fernekes/Second-Mullin: To approve Resolution No. 37-2000, authorizing an amendment to the 1999-2000 Capital Improvement Program budget (No. 00-6) establishing a project budget of $1.8 million for the Hilton Hotel site remediation project. Discussion of vacancy on City Council Concern was expressed regarding Councilman Penna's vacation and Councilman Penna stated he will be returning from his vacation in sufficient time to be prepared for interviewing applicants on May 23. He suggested applications be transmitted to him as they are submitted. (Recess: 9:55 p.m. - 10:06 p.m.) REGULAR CITY COUNCIL MEETING APRIL 26, 2000 MINUTES PAGE 5 13. Council discussed options and agreed to Option No. 1: to receive applications, and prepare documents in the event Council calls for an election. Motion-Mullin/Second-Fernekes: To direct staff to place an ad requesting applications from residents who desire to serve on the City Council and also to prepare documents in the event that City Council elects to have the vacancy filled by election. Unanimously approved by voice vote. By consensus of Council interviews will be held May 23 and applications will be accepted until May 19, 5:00 p.m. Applications will be forwarded to Council as they are received and faxed to Councilman Penna in Europe. Depending upon the number of applications received, thirty-minute interviews will be scheduled for May 23. Notices will be sent to the San Mateo Times, Peninsula Independent, City's website, the Community TV channel, and will be posted at City Hall, Municipal Services Building, libraries, and City Hall Annex. Another announcement will also be made at the May 10 meeting. Status report regarding Fair Political Practices Commission rulemaking process Staff report presented by City Attorney Mattas. (Cassette Tape No. 2) City Attorney Mattas discussed with Council the current status of the Teasley opinion and the time attorney Liane Randolph spends representing the City at FPPC meetings. Councilman Mullin suggested the hours be reduced and that Ms. Randolph's services be retained only for meetings held at the end of the process rather than interested party meetings. Mayor Pro Tem Fernekes and Councilman Datzman concurred with this proposal. Councilman Penna discussed the history of the issue dating back to 1990, concurred with Councilman Mullin's suggestion, and mentioned AB 1838 (related to the Political Reform Act of 1974) be reviewed as it pertains to this matter and may solve the problem. In response to Mayor Matsumoto, City Attorney Mattas stated it would be appropriate that the final version of the regulations be brought back to Council for direction before a position is taken on behalf of the City and the retainer will stop for the duration of the rulemaking process. Motion-Mullin/Second-Fernekes: Retainer will stop for duration of rulemaking process and resume when final version of the FPPC regulations, related to conflict of interest on land use issues, is brought back to Council for direction. Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING APRIL 26, 2000 MINUTES PAGE 6 CLOSED SESSION 14. Pursuant to Government Code Section 54957.6, conference with Labor Negotiator Entered into Closed Session: 10:47 p.m. Reconvened into Open Session: 11:07 p.m., all Councilmembers present Report from Closed Session: Mayor Matsumoto announced direction given/no action taken. ADJOURNMENT Motion-Datzman/Second-Fernekes: To adjourn the meeting at 11:07 p.m. Unanimously approved by voice vote. Submitted by: · Payne, CitOtClerk City of South San Francisco Approved: ~l!u~mot~o, ~!or 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 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. REGULAR CITY COUNCIL MEETING APRIL 26, 2000 MINUTES PAGE 7