Loading...
HomeMy WebLinkAboutMinutes 1994-01-26 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna - Roberta Cerri Teglia Robert Yee MINUTES City Council ' Municipal Services Building Community Room January 26, 1994 SPE_CIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JANUARY 26, 1994 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 26th day of January 1994, at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Interview of candidates for appointment to the Planning Commission. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. Dated: January 21, 1994 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Interview of candidates for appointment to the Plan- ning Commission. ~t9 ~ ACTION TAKEN 6:07 p.m. Mayor Fernekes presiding. Council Present: Drago, Teglia, Yee and Fernekes. Council Absent: Penna. The following candidates were interviewed for the Planning Commission: Adrian J. Scaletti, Kevin C. Mullin, Della Martin and William Martin Romero. 1/26/94 Page 1 A~ENDA ACTION TAKEN ~, ,(~ouncilman Penna Arrived: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. ADJOURNMENT: Councilman Penna arrived at the meeting at 6:52 p.m. The following candidate was interviewed for the Planning Commission: Andrew Estigoy. Mayor Fernekes stated that appointment of a Plan- ning Commissioner from tonight's candidates would be done at the next regular Council meeting. The Council chose not to hold a Closed Session. M/S Penna/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:23 p.m. RESPECTFULLY SUBMITTED, APPROVED. t~arbara A. Battaya, City 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. 1/26/94 Page 2 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: AGENDA REVIEW REPORT OF THE CITY MANAGER 1/26/94 Page 1 MINUTES City Council Municipal Services Building Community Roo~n January 26, 1994 112 ACI!Q~ IAEE~ 7:53 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Drago, Penna, Teglia, Yee and Fernekes. None. The Pledge was recited. Reverend Neely, Grand Ave. Baptist Church, gave the invocation. A moment of silence was observed for Addie Bonalanza deceased mother of the current City Treasurer and wife of the deceased City Treasurer; Steven Sierra deceased husband of Assemblywoman Speier and Rita Rankin the daughter of City employ- ee John Rankin. AGENDA REVIEW City Manager Wohlenberg stated there were no changes to the Agenda. REPORT OF THE CITY MANAGER City Manager Wohlenberg stated that the Director of Public Works would give an update and review of the freeway flooding of Oyster Point that happened Monday. Director of Public Works Parini gave a summary of the flooding: during construction there is a net- work with some of the new drainage in place, some of the old storm drain system is in place and in some places they are connected; at the edge of the freeway there is an existing drainage inlet which is still there from the past and there are new storm drains that come up to it, temporarily interconnect- ed, which will be replaced in future; at the edge of the freeway there is an existing drainage inlet AGENDA ACT!aN TAKEN REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS 1/26/94 Page 2 REPORT OF THE CITY MANAGER still there from the past and we have some new storm drains that come up to it temporarily inter- connected which will be replaced in future; what happened was that there was a tremendous amount of rain in that short time caused a blockage to occur in that temporary connection point that caused the backup in the low point that caused the big pond; there were on-going critique discussions with Caltrans, Construction Management Team and the contractor to find ways to prevent this from hap- pening again throughout the various construction phases. He stated that all lines of communications had been improved upon. ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont Ave., cited her concerns and suggestions: safety for the exit coming off 101 onto Oyster Point Blvd.; wanted an exit sign for speed coming from 101 to Oyster Point, because there is no sign, and the sign should indi- cate that you are coming up to a T; to remove the large signs at the intersection because when you get to the top of the intersection looking to the left to Airport Blvd. it is very difficult to see; perhaps put up a three way stop sign or a blinking light because heading east or west and coming north it is difficult to turn left to Airport Blvd.; concern over Channel 5 saying S.S.F. will be held responsible for the flooding clean-up charges, and she wanted the charges passed on to the contractor rather than the citizens of S.S.F.; lastly she wanted to see more residents speaking their concerns under oral com- munications. Mr. Efraim Roman expressed concern over trees on B Street next to the High School that had electrical wires sparking during the recent rains and felt it was a safety and fire hazard. He urged the Council to do something about the trees, and if the trees are not their responsibility, talk to the appropriate utility company to take care of the problem. Ms. Maggy Pierson, Art Rise, stated the youth group would be performing "Barefoot In the Park" that opens on 1/28/94 through 2/6/94 on weekends. She stated that Art Rise would hold auditions on 1/31/94 from 7:30 p.m. to 10:00 p.m. for "Other People's Money", which is a comedy, and a special AGENDA AC!!QN TAKEN ORAL COMMUNICATIONS 1/26/94 Page 3 114 ORAL COMMUNICATIONS fund raiser would be held on 4/24/94 with a mystery chef. Mr. Joe Stamatis, 269 Avalon Dr., stated that Council was aware of the problems facing Country Club Park residents in their unending fight to keep from being overwhelmed from institutional facilities. He stated that a few months back residents from Country Club Park and members of the Avalon/Brentwood Homeowners Assn. met with the County Planning Dept. to discuss zoning changes in Country Club Park limiting institutional uses in Country Club Park. The Planning Dept. stated at that time that ten percent of Country Club Park is utilized by institutional uses now which is 30 times greater than any other comparable unincorporated areas in San Mateo County. He stated they had designed a new ordinance that would limit institu- tional uses to five institutions now existing. He stated that now, before the ordinance can be voted on by the Board of Supervisors another institution has purchased two lots on Alta Vista and are apply- ing for a use permit for a new facility with 117 parking spaces on the property. He stated that what happens in Country Club Park impacts on Brentwood and Avalon Park. He stated S.S.F. had shown an interest in Country Club Park by prezoning it rural estates, and asked the Council to draft a letter to the County Planning Commission and Board of Supervisors expressing their concern that this area is losing its identity as a single family residential area which is the primary zoning desig- nation the residents of Country Club Park, Brentwood and Avalon want and are enlisting Council support. Mayor Fernekes stated he had met with two resi- dents of the Brentwood area who had submitted a petition in this regard which he had sent to Council for their review and discussion tonight, and possibly be able to give direction to staff tonight to research what we can do to help. He stated that one could be a letter, which he would support, and have staff identify what alternatives we can and cannot do, and get back to the Council in a very quick time. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 1/26/94 Page 4 115 ORAL COMMUNICATIONS Councilwoman Teglia stated that after receiving the petition she made contact with people in the area, most specifically the people circulating the petition, and now understood the problem. She directed Council's attention to an article in the San Mateo Times wherein the Board of Supervisors in response to Menlo Park unincorporated residents concerned about people demolishing small homes on lots and building massive three story buildings that robbed the daylight, intruded on the privacy of neighborhood dwellings, are obtrusive and a visual pollution. She stated the County Planning staff had said in their report to the Board, in response to the residents concerns, the Board form an advisory committee of citizens. She stated the Board did this in August of 1992 and the group developed a set of rules and presented them to the Board. She stated the Board was now looking at an ordinance, and maybe the same kind of consideration should be shown by the Board for a neighborhood in the north. She recommended a letter be sent to the Board specifically requesting that impacted residents of Brentwood, Avalon and Country Club Estates be included in a committee to address our issues. She stated Council, in the past, has taken up the cause of the residents in Country Club Park, al- though they are not S.S.F. residents, and petitioned the County to either severely petition or limit institu- tional use in that area - which has fallen on deaf ears. She stated that the County has failed to be concerned about the cumulative impacts, effects of one after another of these institutional uses. She stated that to her knowledge there is no environ- mental report addressing these issues. She stated that now were getting complaints from our own residents on impacts on residential streets in our neighborhoods from this very intense institutional developments they are allowing. She stated concern over the City's sewer system and whether or not it had the capacity to continue allowing sewer hookups to these uses, and of late we had some studies that are red flagged and we may not have as much capacity as we always AGENDA ACTION TAKEN ORAL COMMUNICATIONS 1/26/94 Page 5 ORAL COMMUNICATIONS thought. She stated that each time we allow an outside hookup we are diminishing our ability to entertain and take care of development that we might want to consider. She suggested the Council consider a moratorium on any further sewer hookups in that area until we have some data that shows it would be warranted, and that should be communicated in some respect to the Board of Supervisors. She stated this was currently before the Planning Commission, would probably pass and be appealed to the Board - and that is where we make our case. She again requested a letter to the Board requesting an advisory committee of S.S.F. residents, and communicate City action on the moratorium on hookups. Councilman Drago agreed, and stated the Council should only deal with the Board because last time we dealt with the Planning Commission on the health care center and it did not hold water. He stated that there were other factors, such as the development saying they can provide fire systems and such, and he was not sure they can at that loca- tion. He stated that the sewer tie-ups are a most important consideration, but we should main- tain our position on the prezoning and do whatever it takes to help the residents in our City. Councilmembers Penna and Yee concurred. City Attorney O'Toole stated the Council had given a list of options on how we can approach the County Board of Supervisors and what the best legal ap- proaches we need to take care of in that area. Councilwoman Teglia stated she wanted to see a letter shot off immediately indicating support of the position of the neighborhoods, and ask for the cre- ation of an advisory committee. She wanted a mor- atorium agendized at the next meeting which would take specific action of this Council that would be communicated to the County. City Attorney O'Toole stated he would be working closely with the Planning staff to review the envi- ronmental documents and present the options avail- AQ~RA A~I!Q~ IAK~ ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 1/12/94. 2. Motion to confirm expense claims of 1/26/94. Resolution approving plans and specifications and calling bids for tennis court recoloring and/or resur- facing. ,~O D ~ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR TENNIS COURT RE- COLORING AT STONEGATE, BURl BURl, OR- ANGE, SELLICK AND WESTBOROUGH PARKS AND TENNIS COURT RESURFACING AT BRENTWOOD PARK Motion to accept the Aircraft Noise Insulation Project Phase VII as complete in accordance with the plans and specifications. .5-~. ~ q Motion to accept the Water Quality Control Plant Renovation Project as complete in accordance with the plans and specifications. ..~--~ ~ 7 6. Resolution approving additional funding for the Good .-_ & Fowler renovation project as suggested by the , Downtown Citizens Review Committee. ~-t9~ '~ A RESOLUTION INCREASING THE CDBG GRANT AMOUNT PREVIOUSLY AWARDED TO ORAL COMMUNICATIONS 117 able. Ms. Joy Ann Wendler, 321 Granada Dr., thanked each of the Council on their recent vote to purchase surplus school property at Avalon School for parks, ballfields and open space which would benefit this and generations of residents to come in this City. She specifically thanked Councilwoman Teglia for unwaivering support for ten years in this regard by coming to meetings, as well as Laurie Mazzetti for their on;going efforts for the residents. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,742,157.62. RESOLUTION NO. 7-94 Removed from the Consent Calendar for discussion by Councilwoman Teglia. Removed from the Consent Calendar for discussion by Councilwoman Teglia. RESOLUTION NO. 8-94 1/26/94 Page 6 AGENDA A~TION TAKEN CONSENT CALENDAR · Resolution - Continued. FOWLER BUILDING Resolution of Intention to amend the Public Employ- ees' Retirement System (PERS) contract to provide military service credit for local miscellaneous and police personnel. ~-60 D A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO Motion to accept the Aircraft Noise Insulation Project Phase VII as complete in accordance with the plans and specifications. .~.9.~ ~ CONSENT CALENDAR 118 Removed from the Consent Calendar for discussion by Councilman Drago. MIS Drago/Penna - To approve the Consent Calen- dar with the exception of Items 4, 5 and 7. Carried by unanimous voice vote. Councilwoman Teglia stated this project spoke to 118 homes, and questioned how many homes had been completed in total and how many were in construction. City Engineer Von Dohren stated that 600 homes had been completed, and there was a disagreement in the agreement language and nothing was in con- struction. City Manager Wohlenberg stated it was just a matter of the attorneys working out the language. Councilwoman Teglia expressed concern that there was $126 million hanging around waiting for ease- ment language, and if she had not asked tonight she still would not know it was not settled. City Engineer Von Dohren stated the Airport was to meet with a group of cities, and if there was agree- ment between the attorneys on the language the work would be done a week from Monday. He stated that staff wanted to keep the noise limit in place and the Airport wanted to throw it out, how- ever, the Council would see the final wording. M/S Teglia/Penna - To accept the Aircraft Noise Insulation Project Phase VII as complete in aecor- 1/26/94 Page 7 AGENDA ACTION TAKEN Motion - Continued. Motion to accept the Water Quality Control Plant Renovation Project as complete in accordance with the plans and specifications. _%-0 ~' '7 119 dance with the plans and specifications. Carried by unanimous voice vote. Councilwoman Teglia expressed concern over the sludge digesters. Director of Public Works Parini stated the work was to rehabilitate four sludge digestors, however, one is defective and was taken out and the other three have a folder problem, a biological problem. He stated that the fourth digester is a known need, it has a deficiency, but it was not in the Capital Improve- ment Program at this time. Councilwoman Teglia stated she wanted the infor- mation to be more specific when making improve- ments for she would like to think the consultants knew what they were doing in spending $12 million when the problems are not corrected and the em- ployees are disgruntled and bear the brunt. She questioned if the City got its money's worth. City Manager Wohlenberg stated there would be a visitation to the plant for the Council to see what has been done. Councilman Yee questioned the claim. Director of Public Works Parini stated the City had not received money on the Shell Co. leaks yet, which they hoped to get by June, and if not the City Attorney would handle. Councilman Drago expressed frustration in spending $12 million without having recourse with the con- tractor when it is foaming like a septic tank. Discussion followed: Councilman Penna questioned if the toxics found on the Price Club property were affected by the same leakage and the City should get interest for money found for clean-up; Councilwom- an Teglia wants precise information because real estate deal fell through because of toxic soil; Coun- cilman Yee noted it was Council's responsibility to find out why it was foaming, and the Council Clean- up Committee Should investigate the problem; staff needed to file a 10% completion notice, but the big thing is Council does not understand what the $12 million was spent for etc. 1/26/94 Page 8 AGENDA A~!!QN TAKEN __,5. Motion - Continued. Resolution of Intention to amend the Public Employ- ecs' Retirement System (PERS) contract to provide military service credit for local miscellaneous and police personnel. /o~ OtPD A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ~ECESS: 120 M/S Teglia/Penna - To accept the Water Quality Control Plant Renovation Project as complete in accordance with the plans and specifications. Carried by unanimous voice vote. Councilman Drago stated this was a matter of prin- cipal because Council was not being told the impacts of certain benefits. He stated that this was put on the table for Mid-Management, it was approved yet now instead of it being for six employees it will be for seventy six employees because no one realized that PERS does not accept partial groups. He did not understand why Council was not given the total impact of these benefits and was concerned that they had lost one of their bargaining chips, so in future he wanted to know the total costs and the number of people effected. Director of Personnel Gonzales stated that the ideas is that the principal cost is borne by the individual based on their age, however the City pays a per- centage which she could not estimate. Mayor Fernekes stated that the Council was com- mitted even though they do not know the future cost. City Manager Wohlenberg stated that it was obvi- ously an oversight in the course of the negotiations. City Attorney O'Toole stated this was a contract with a bargaining unit and through an oversight the impact was hard to hold against a bargaining unit because it has an impact beyond that unit. Councilman Drago stated that he pulled this off the Consent Calendar to point up what could happen because the Council had been burnt by the Personnel Director five or ten years ago. He stated that he did not have a problem with this, but wanted staff to give Council all impacts. M/S Drago/Teglia - To adopt the Resolution. RESOLUTION NO. 9-94 Carried by unanimous voice vote. Council adjourned to a recess at 9:14 p.m. 1/26/94 Page 9 AGENDA ACTION TAKEN RECALL TO ORDER: r~DMINISTRATIVE BUSINESS Resolution authorizing an agreement with San Mateo County to include the City of S.S.F. in the First Time Homebuyers Program and the Mortgage Credit Cer- tificate Program. ...,mD g a~ A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN MATEO COUNTY FOR FIRST TIME HOMEBUYERS PROGRAM AND MORTGAGE CREDIT CERTIFICATE PRO- GRAM Mayor Fernekes recalled the meeting to order at 9:22 p.m., all Council was present. ADMINISTRATIVE BUSINESS Councilman Penna stepped down from the podium and did not participate in the discussion of this item. CDBG Coordinator Fragoso explained the County invited cities to participate in two programs the Mortgage Credit Certificate Program which is a mortgage credit certificate to take credit in purchasing a home for the first time, and First Time Homebuyer Program and the County has made funds available to provide a second mortgage that would reduce the first mortgage and down payment for the first time buyer. She proceeded to describe the program: the house- hold income limit must not exceed 120% of the area median; the income limit is based on a family size of six persons with an income up to $70,000; for a household of two with an income up to $44,000; maximum purchase price shall not exceed $280,000 if the Mortgage Credit Certificate is not used; $203,400 if it is used in conjunction with the Mortgage Credit Certificate; the certificate could be used by itself or used jointly; the City would assist the County in marketing, publicity and providing information to the community and referring appli- cants to the County who will give them a training certificate; lenders in S.S.F. that want to participate must go through a training program and execute an agreement to participate in the program and would then be placed on a list of all the lenders throughout San Marco County where homes could be purchased through this County program; realtors would not be connected with the County, but when the person purchased the home the realtor is then involved but not in the direct operations of the certificate pro- grams. Councilman Yee reiterated that this was nothing more than a second mortgage to help with the down payment for a first time buyer for a price not to exceed $280,000. He proceeded to simply the process for the benefit of the audience. Discussion followed: whether CDBG money could be used to assist this program; the County would pay for a lot of the brochures and flyers, and the 1/26/94 Page 10 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS ITEMS FROM COUNCIL Reports of the Mayor and Members of Council, including status reports on City Council Committees and Council Liaisons. (Cassette No. 2) GOOD AND WELFARE ADMINISTRATIVE BUSINESS City will need to advertise in the newspapers; CDBG funds being used was something staff had to investigate; suggestion to advertise the program in the Leisure Brochure etc. M/S Yee/Drago - To adopt the Resolution. RESOLUTION NO. 10-94 Carried by majority voice vote, Councilwoman Teglia abstained and Councilman Penna did not vote or participate or vote on the item and returned to the podium. ITEMS FROM COUNCIL Councilman Penna reported on his attendance at a C/CAG meeting and the items discussed: Airport traffic congestion, committee assignments and form- ing committees without the members being elected. Councilwoman Teglia expressed concern over public members having a vote when they do not have a constituency responsibility. She noted that C/CAG in the last six months is getting more control for South County. She expressed concern over a Commissioner missing meetings and wanted a letter by staff regarding absences that are not for illnesses. Councilman Yee suggested the Mayor contact the individual and get his side. Councilwoman Teglia asked that the following be agendized within two meetings: criteria on AB939 on waste vs. recyclables, and an ordinance requiring businesses to separate the two. Consensus of Council - To agendize the item for two meetings from now and have the City Attorney prepare the information. GOOD AND WELFARE No one chose to speak. 1/26/94 Page 11 AGENDA ACTION TAKEN CLOSED SESSION Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: 11. Motion to adjourn the meeting to Wednesday, 2/2/94, 7:00 p.m., City Council Conference Room, City Hall, 400 Grand Avenue for a study session to discuss: Mid-year budget review, resolution approving 1993-94 budget amendments, multi-year general fund projections, further consideration of sidewalk repair participation, amusement tax, rental car parking lot tax, fire per- mits; proposed ordinance establishing fee on rental car storage facilities surplus; proposed ordinance and resolutions deleting non-existing positions and includ- ing new positions and a Closed Session pursuant to Government Code. DJOURNMENT: 123 CLOSED SESSION Council adjourned to a Closed Session at 9:57 p.m. to discuss property acquisition of 368 Comur - Jesus Armas pursuant to GC 54956.8, and personnel matters - City Attorney pursuant to GC 54957. Mayor Fernekes recalled the meeting to order at 11:06 p.m., all Council was present, no action was taken. M/S Teglia/Yee - To adjourn the meeting to Wednesday, 2/2/94, 7:00 p.m. City Council Con- ference Room, City Hall for the purposes stated. Carried by unanimous voice vote. Time of adjournment was 11:07 p.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, citY Clerk ~/ City of South San Francisco Jos~h A. ~Fernekes, Mayor 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. 1/26/94 Page 12