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HomeMy WebLinkAboutMinutes 2002-05-08MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MAY 8, 2002 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:30 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Fernekes, Green, and Matsumoto, Mayor Pro Tem Gonzalez and Mayor Mullin Absent: None PLEDGE OF ALLEGIANCE: Led by Mayor Mullin INVOCATION: Pastor Emeritus Richard Neeley, Grand Avenue Baptist Church PRESENTATIONS · Proclamation - Emergency Medical Services Week, May 19-25, 2002; Mayor Mullin presented proclamation to Fire Department EMS Coordinator Travis Nuckolls · Update on Traffic Summit held May 6, 2002 - Terry White, Deputy Director of Maintenance Services provided a summary report to Council, which he stated was well received by the public. He stated that the Traffic Advisory Committee was introduced to the public and complaint/request forms are available for the public to submit to the committee for review. · BART Monthly Construction Update - South San Francisco BART Liaison Nia Crowder provided a visual presentation on the current status of work and an update on the culvert work on South Spruce Avenue. She stated that Epperly Masonry Restoration is restoring the culvert's cut stone bridge, built by O. H. Rand in 1863. Community outreach efforts were also reported along with the reminder that BART does have a live third rail running through South San Francisco. AGENDA REVIEW No changes. PUBLIC COMMENTS Mr. Del Schembari, 321 Alta Mesa Drive, representing San Bruno Mountain Watch, stated frustration that he has never received requested information on the status of the hook-ramp wall near the shellmounds from the Department of Public Works. He requested correspondence on the status of the wetlands mitigation process. Public Works Director Gibbs explained the status of the wall and the unanticipated delays that incurred. He stated the wetlands mitigation is being worked out with the Army Corp of Engineers, many entities are voicing their concerns and recommendations, and staff has been doing more than the minimum required obligations set forth in the program. Mayor Mullin directed Director Gibbs to prepare an outline report on the wall facing the mountain with cost estimates for Council and a copy to Mr. Schembari. He further requested that when the wetlands mitigation issue comes to a decision, Council and Mr. Schembari be notified. Mr. Erick J. McHuron, 1670 8th Avenue, San Francisco, speaking on behalf of Friends of San Bruno Mountain, invited Council to visit its greenhouse at Orange Memorial Park and that an open house is being scheduled for June. He explained the program and that plants/seeds from San Bruno Mountain are being propagated for planting back on San Bruno Mountain. ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports Councilman Green reported that he attended the annual firefighters' golf toumamentJfundraiser for the Alisa Ann Ruch Bum Foundation. Vice Mayor Gonzalez announced that the Police Association's annual fundraiser for the Police Special Olympics is being held Saturday, June 8, 2002. Members of the Police Department will be mowing lawns for $15. He reported that in April he attended the California Healthy Cities Conference in Glendale, CA. Councilman Femekes reported that the Water Quality Control Plant Subcommittee (Fernekes/Matsumoto) met and a presentation with recommendations to Council is forthcoming on WQCP improvements. He stated he attended the annual Youth Art Show, Little League dinner, South San Francisco Scholarship Association Chili Cook-Off, and the Sister City's Cinco de Mayo fundraising dinner. Councilwoman Matsumoto reported that she attended the City Employee Recognition Luncheon, the Council of Cities Dinner, and the Peninsula Library System Legislative Breakfast. She announced that free classes on indoor bonsai's is being offered at the greenhouse on Tuesdays at 6:00 p.m. Mayor Mullin reported that he recently attended the Chamber of Commerce's Scholarship Award program, and on Monday, May 13, the South San Francisco Scholarship awards will be presented. He stated that he will be attending City Legislative Days in Sacramento during the week of May 13. He announced that the Council meeting is being adjourned in memory of Mr. George Bugnatto, one of the founders of the Old Town Homeowners and Renters Association. He stated that a draft letter has been distributed to Council that is in support of House of Representatives Bill 4058, Military Standards for Airport Security Screeners Act. Mayor Mullin announced that Communication Dispatchers Karen Grimley and Sue Galloway have been recognized as Dispatchers of the Year by their San Mateo County colleagues. He further announced that Ron Burgess has resigned from the Cultural Arts Commission. Councilwoman Matsumoto announced that City employees Dave Castagnola and Mich Mercado were recognized as Employees of the Year at the Annual Employee Recognition Luncheon. REGULAR CITY COUNCIL MEETING MAY 8, 2002 MINUTES PAGE 2 In addition, Mayor Pro Tem Gonzalez stated he attended the Recreation Division's Annual Spring Ballet performance and the first meeting of the Community Preservation Task Force. CONSENT CALENDAR Motion to approve the minutes of the April 10 and 24 regular meetings and April 17 special meeting Pulled from Consent Calendar, see below for discussion. 2. Motion to confirm expense claims of May 8, 2002 in the amount of $1,664,035.76 o Motion to adopt an ordinance adopting a development agreement with Slough SSF for the Britannia East Grand Project Pulled from Consent Calendar, see below for discussion. ° Resolution No. 33-2002, accepting grant funds from the Metropolitan Transportation Commission in the amount of $75,000 and authorizing the execution of an agreement with Callander Associates, Landscape Architecture Inc., for the Linear Park Project conceptual plan and community outreach program in an amount not to exceed $75,000 ° Resolution No. 34-2002, awarding contract to Carlin Company, Inc. for alterations to Fire Station No. 64 in the amount of $240,500 Acknowledgement of proclamations issued: Dave Castagnola and Mich Mercado, Employees of the Year, April 26, 2002; Veterans Appreciation Month, May 1, 2002, Skyline College Extended Opportunity Programs and Services, May 3, 2002 Councilman Femekes requested Item No. 1 be pulled and Councilman Green requested Item No. 3 be pulled. Motion-Fernekes/Second-Matsumoto: To approve Consent Calendar Items Nos. 2, 4, 5 and 6. Unanimously approved by voice. Vote. Item No. 1: Councilman Femekes and Mayor Pro Tem Gonzalez stated that they will be abstaining from approval of the April 24 minutes as they were not present at that meeting. Motion-Green/Second-Matsumoto: To approve the minutes of the April 10 and 24 regular meetings and April 17 special meeting. Approved by voice vote. Abstain: Councilman Fernekes and Mayor Pro Tem Gonzalez. Item No. 3: Councilman Green questioned why Council was not informed at the April 24 meeting that there was a pending modification to the Britannia East Grand Project that is currently before the Planning Commission. Staff responded that the item needed to be presented to Council the exact way it was presented to the Planning Commission. E&CD Director Van Duyn stated that two buildings are being combined into one, but REGULAR CITY COUNCIL MEETING MAY 8, 2002 MINUTES PAGE 3 because proper public notice was not given the applicant was advised to resubmit a permit modification. The revision requires Planning Commission approval only. Motion-Green/Second-Matsumoto: To adopt Ordinance No. 1308-2002, adopting a development agreement with Slough SSF for the Britannia East Grand Project. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS Resolution authorizing the execution of a purchase and sale agreement for street right- of-way on Mission Road Staff report presented by Director Van Duyn. Ms. Nadia V. Holober, Berliner Cohen, 10 Almaden, San Jose, applicant's representative, stated that the applicant concurs with the staff report. (Letter distributed to Council.) Mr. Garrett Hinds, 4185 Blackhawk, Danville, project manager, submitted a site plan for Council's information. Mayor Pro Tem Gonzalez confirmed with staffthat the issue of a driveway accessing McLellan Drive has been modified to staff's satisfaction. Motion-Fernekes/Second-Gonzalez: To approve Resolution No. 35-2002, approving a purchase and sale agreement with Mission Colma LLC (Trumark) related to property located along Mission Road in Colma. Unanimously approved by voice vote. o Resolution accepting the public improvements constructed pursuant to the Terrabay Phase II, Woods East and Woods West Subdivision Improvement Agreement Staff report presented by Director Gibbs. Motion-Matsumoto/Second-Femekes: To approve Resolution No. 36-2002, accepting the public improvements constructed pursuant to the Terrabay Phase II, Woods East and Woods West Subdivision Improvements Agreement. Unanimously approved by voice vote. LEGISLATIVE BUSINESS Motion to waive reading and introduce an ordinance adding Title 1, Chapter 1.25 of the SSFMC entitled Administrative Citations Staff report and visual presentation given by Deputy Fire Chief Philip White. (A handout entitled, "Comparison of CE "Tools" was submitted to Council for clarification.) City Attorney Mattas informed Council of a California Supreme Court opinion regarding the selection of hearing officers and advised that Section 1.125.100F be REGULAR CITY COUNCIL MEETING MAY 8, 2002 MINUTES PAGE 4 deleted. He further advised Council that other minor changes to the ordinance will be read into the record when the motion is being considered by Council. Councilwoman Matsumoto stated her support for the ordinance, but requested the fines be increased. She further discussed the issue of repeat violations which staff clarified to be a sufficient time period. City Attorney Mattas explained the lien process for Council and why it is not permitted under the Administrative Citation process. Councilman Femekes stated his support and clarified with staff the City's code enforcement programs that help those who are indigent. Councilman Green stated his support for the ordinance and agreed with Councilwoman Matsumoto that the fines be increased. Councilman Gonzalez stated support for the ordinance, and questioned the process for a hardship waiver and community outreach efforts. Deputy Chief White explained the reasonable person test and the wealth of resources that the code enforcement personnel use. The Code Enforcement Task Force will be addressing community outreach efforts. Mr. Rudy Manzanares, 822 Hawthorne Place, speaking in support of the ordinance, stated problems he has had with a neighbor over the past three years. (Photos distributed to Council.) Mayor Mullin stated support for the ordinance and felt that the recommended fines were appropriate. He suggested that Council review the fines in one year. Deputy Chief White and City Attorney Mattas explained the fine structure, which is based on the Government Code. A discussion of the issue ensued and it was agreed that staff will verify the fines set by other cities and report back to Council in time for consideration at the next meeting. City Attorney Mattas stated that the staff report will provide Council with a resolution that will give Council the flexibility to have a discussion on setting a fine at a level it deems appropriate. Motion-Fernekes/Second-Gonzalez: To waive reading and introduce an ordinance adding Title 1, Chapter 1.25 of South San Francisco Municipal Code related to the Administrative Citations and modify as follows: 1.25.020 A - Chief Building Official shall mean as designated by the City of South San Francisco 1.25.020 C - Finance Director shall mean as designated by the City of South San Francisco 1.25.020 D - Hearing Officer shall mean as designated by the City Manager of the City of South San Francisco Unanimously approved by voice vote. REGULAR CITY COUNCIL MEETING MAY 8, 2002 MINUTES PAGE 5 PUBLIC COMMENTS - continued Mr. Chris and Mrs. Dawn Regan, 2744 Kilconway Lane, stated their concem regarding a development that is being constructed near their property line that is affecting the wildlife in the area, including foxes, bobcats and deer. They stated frustration with code enforcement and the police department regarding the property's condition and that it is a dumping ground. They further informed Council that they have a petition of 70 signatures from residents in the neighborhood who are equally upset about the construction work and the number of eighteen- wheelers driving in and out of the neighborhood. Staff verified that it is the Carter Park development. Mayor Mullin directed staff to respond back in a timely manner to Council and Mr. and Mrs. Regan with a report. CLOSED SESSION 10. Pursuant to Government Code Section 54956.9(a), existing litigation: Aetna Realty v. City of South San Francisco, and pursuant to Government Code Section 54957.6 conference with Labor Negotiator Wilson on Executive Management labor negotiations Time entered into Closed Session: Time reconvened into Open Session: Report from Closed Session 9:16 p.m. 10:29 p.m., all Councilmembers present. Direction given/no action taken on both items. ADJOURNMENT Motion-Gonzalez/Second-Green: To adjoum the meeting at 10:30 p.m. Unanimously approved by voice vote. Submitted by: Syll~t M. Payne, City Cl~rk City of South San Francisco Approved: ~f. ge:~ e . llin, Mayor ~f 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 MAY 8, 2002 MINUTES PAGE 6