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HomeMy WebLinkAboutMinutes 1994-05-25 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna -"Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room May 25, 1994 307 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MAY 25, 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 25th day of May 1994, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session - City Council to meet with its designated representatives - City Manager, Director of Personnel and Negotiator John Hughes regarding labor negotiations pursuant to GC 54957.6; the employee/employer organizations are AFSCME and Management and Confidential Employees. Dated: May 18, 1994 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: 1. Closed Session - City Council to meet with its desig- nated representatives - City Manager, Director of Personnel and Negotiator John Hughes regarding labor negotiations pursuant to GC 54957.6; the em- - ployee/employer organizations are AFSCME and Management and Confidential Employees. Councilman Penna Arrived at the Podium: City Clerk City of South San Francisco ACIIQN TAKEN 6:35 p.m. Mayor Fernekes presiding. Council Present: Drago, Teglia and Fernekes. Council Absent: Penna and Yee. Council adjourned to a Closed Session at 6:35 p.m. to discuss the items noticed. 5/25/94 Page 1 Councilman Penna arrived at the podium at 6:36 p.m. ~ENDA ACTION TAKEN ._yice Mayor Yee Arrived at the Podium: ECALL TO ORDER: ADJOURNMENT: - 308 Vice Mayor Yee arrived at the podiUm at 6:39 p.m. Mayor Fernekes recalled the meeting to order at 7:35 p.m., all Council was present, no action was taken and direction was given. MIS Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:37 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco APPROVED. Cit~ of South San Francisco entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- >ns, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the ~ce of the City Clerk and are available for inspection, review and copying. 5/25/94 Page 2 Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna ---Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room May 25, 1994 309 A~ENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE: INVOCATION: ~,ESENTATIONS Resolution Commending Arturo Senires Proclamation - Water Awareness Month - May 1994 Ralph Harrison, Caltrans Senior Engineer, on El Camino Real Traffic Signal Improvements ACTION TAKEN 7:45 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Drago, Penna, Teglia, Yee and Fernekes. None. The Pledge was recited. The invocation was given by Rev. Bowdish, St. Elizabeth's Episcopal Church. Councilwoman Teglia asked for a moment of silence for former First Lady Jackie Kennedy. PRESENTATIONS Mayor Fernekes read the Resolution aloud and presented it to Arturo Senires. Vice Mayor Yee read the Proclamation aloud and presented it to California Water Service Representative Dale Allen. Mr. Ralph Harrison gave a brief description of the project: it will install a new underground signal system along Millbrae, San Bruno, S.S.F., Colma and Daly City; where the conduits will be installed; the conduits are 2" in diameter and will be laid in trenches; when its filled with concrete and cable installed, it will be located in the shoulder of El Camino; when completed this would optimize the traffic flow; there will be a monitor in the district office in Oakland that can monitor the system by what comes up on the screen to take care of mai- functions; costs will be a $5.7 million; funding was coming from Air Quality, TMC and $100,000 from the State; the design and construction is com- ing from C/CAG; the schedule is to have the right- of-way certification done quickly, to lock up the funding; construction to start in December and will 5/25/94 Page 1 AGENDA ACTION TAKEN PRESENTATIONS AGENDA REVIEW Mayor Fernekes asked that Items 14, 17 and 18 be heard after the Consent Calendar. REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS 310 PRESENTATIONS take a year to complete; they would not close any lanes during the peak traffic periods; etc. Vice Mayor Yee stated the City had quite a traffic congestion problem at the intersection of Chestnut and El Camino and wanted to see an improvement to the intersection during the traffic signal improve- ments. He stated, if this is not done, then im- provements are not being done on the local streets - only on El Camino and this caused him a great deal of concern. Mr. Quan stated they were going to have a computer monitoring all of the signals for breakdowns or any other unforeseen events so they can send someone out to solve the problem and minimize the delay. He stated they would also do a traffic count and bring it back to the office for review, but felt the signals would minimize the delay on the side streets. Vice Mayor Yee stated he appreciated that, but that does not solve the congestion problem at Chestnut and El Camino. Public Works Director Parini stated they planned to restripe the Chestnut approach so there are two left turn lanes, however, the City was doing this outside of this project. AGENDA REVIEW Assistant City Manager Martell stated there were no changes to the Agenda. So ordered. REPORT OF THE CITY MANAGER Assistant City Manager Martell stated there were no additional reports. ORAL COMMUNICATIONS Ms. Joy Ann Wendler, 321 Granada Dr., stated she was Vice President of the Avalon/Brentwood Homeowners Assn. and the Assn. was concerned about the trees surrounding Avalon Drive, the park and the ballfieid. She stated the City was in negoti- 5/25/94 Page 2 A~ENDA ACTION TAKEN ORAL COMMUNICATIONS 5/25/94 Page 3 311 ORAL COMMUNICATIONS ations for the purchase of property on both sides of the trees, the District wants to sell to a developer and the Assn. is concerned about the removal of the thirty-year old trees. She spoke in detail about the esthetics and economic value of the trees and proceeded to read from a new study from the U.S. Forestry on planting and main- taining trees: that trees have a natural ability to aid water control, block the wind, sequester tons of carbon, mitigate noise and lesson the green house effect. She stated that all of the trees in Avalon were large and mature, save the homes heating costs and in- crease property values. She stated that many of the homes on Granada have inclines or a hill and the trees maintain the stability of the ground. She stated the Assn. felt the trees should be protected by exist- ing tree preservation ordinances, it should be un- lawful for anyone to remove the trees - even those on School District property declared surplus, and urged the Council to not allow the Avalon trees to be removed. Ms. Pat Burke, 1700 El Camino Real, stated she was again asking the Council to reconsider their decision about BART, because in S.S.F. the cost quoted has been doubled and is $48 million. She passed out information on the Flood District, whose actions would affect the residents of the mobile home. She stated that she had been assured that BART trenches would be cut and covered be- hind the mobile park, yet the Flood District people are saying the homes will be moved and they prefer that Colma Creek be relocated adjacent to the BART corridor, which would cause much disruption. She felt the Council should know that there are people out there telling residents their homes will be moved. She stated that she had on tape a conversation with BART, with their permission, who assured her they will move homes for the extension that will go to Tanforan, because that is as far as they are intending to build. She had phoned the Board of Supervisors and had ~ENDA ~ION TAKEN ORAL COMMUNICATIONS OMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 4/13/94 and the Adjourned Regular Meeting of 4/20/94. 2. Motion to confirm expense claims of 5/25/94. Resolution approving proposed amendment to MOU with Police Association clarifying the implementation of IRC 414 (h)(2) tax exemption. A RESOLUTION IMPLEMENTING A TAX BENE- FIT OFFERED BY SECTION 41401)(2) OF THE INTERNAL REVENUE CODE (IRC) FOR POLICE ASSOCIATION EMPLOYEES 312 ORAL COMMUNICATIONS received a copy of the flood control measures, be- cause we don't know what is going on or what is happening. She fully supports the concept of a Caltrain station at the Airport, which will carry people from Gilroy to San Francisco, they already have the tracks and it would cost $20 million. She further urged the Council to reconsider their position on BART. She had contacted the members of the BART Task Force, had sent them material and Member Keegan stated the City could not win because BART is going through S.S.F.; etc. Discussion followed: the EIR will be coming for- ward and there will be public meetings; BART is providing a series of open houses during the month of June, with representatives of BART and Samtrans providing information on the BART alternatives to the public; the City is expected to provide a re- sponse; etc. COMMUNITY FORUM Councilwoman Teglia stated a resident had contacted her regarding the noise insulation program and questioned if a property owner could hire his own contractor or go with a higher bid, as was being done in other cities. She stated she had received a report from the Director of Public Works, however, she did not feel it contained enough information. CONSENT CALENDAR Approved. Approved in the amount of $1,609,036.30. ~O-OOO RESOLUTION NO. 56-94 5/25/94 Page 4 AGENDA _AC_TIQN TAKEN 313 CONSENT CALENDAR Resolution to enter into a Funding Agreement with the Bay Area Air Quality Management District for replacing a diesel powered street sweeper with a compressed natural gas fueled sweeper during Fiscal Year 1994-1995. ,~5"O ~ A RESOLUTION AUTHORIZING APPROVAL OF A FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO, PENDING B.A.A.Q.M.D. APPROVAL, FOR RE- PLACEMENT OF A DIESEL POWERED STREET SWEEPER WITH A COMPRESSED NATURAL GAS FUELED SWEEPER Resolution to execute an Agreement for Public Works Mutual Aid with various cities and the County of San Mateo. A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE PUB- LIC WORKS MUTUAL AID AGREEMENT FOR SAN MATEO COUNTY Resolution directing preparation of Annual Report for Willow Gardens Parks and Parkways Maintenance District and resolution of intention to order improve- ments and levy assessments, accept the Report and set a Public Hearing on 6/8/94. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT 7. Resolution directing the preparation of an Annual Report for the West Park 1 & 2 Parks and Parkways Maintenance District and resolution of intention to order improvements and levy assessments, accept the Report and set a Public Hearing for 6/8/94. _,~',~7 ~" A RESOLUTION DIRECTING PREPARATION OF CONSENT CALENDAR RESOLUTION NO. 57-94 Removed from the Consent Calendar for discussion by Councilwoman Teglia. RESOLUTION NO. 58-94 RESOLUTION NO. 59-94 RESOLUTION NO. 60-94 5/25/94 Page 5 AGENDA ACTION TAKEN ~ONSENT CALENDAR 7. Resolutions - Continued. ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT o Resolution directing the preparation of an Annual Report for the West Park 3 Parks and Parkways Maintenance District and resolution of intention to order improvements and levy assessments, accept the Report and set a Public Hearing for 6/8/94. _~- ~2__~-' A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAIN- TENANCE DISTRICT Motion to adopt an ordinance establishing a Cultural Arts Commission. 5/ AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION PURSUANT TO CHAPTER 2.80 OF THE SOUTH SAN FRANCISCO MUNICI- PAL CODE 10. Resolution designating the South San Francisco Con- ference Center Authority as the City of South San Francisco's agent for the preparation and monitoring of performance criteria for the disbursement of funds to the San Mateo County Convention and Visitors .0 Bureau. .6"6tO ~ A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO DESIGNATING THE SOUTH SAN FRANCISCO CONFERENCE CEN- CONSENT CALENDAR RESOLUTION NO. 61-94 RESOLUTION NO. 62-94 RESOLUTION NO. 63-94 ORDINANCE NO. 1142-94 RESOLUTION NO. 64-95 314 5/25/94 Page 6 AQENDA A~I!Q~ TAKEN 315 CONSENT CALENDAR Resolution - Continued. TER AUTHORITY AS THE AGENCY RESPONSI- BLE FOR ESTABLISHING PERFORMANCE CRI- TERIA AND MONITORING PERFORMANCE OF THE SAN MATEO COUNTY CONVENTION AND VISITORS BUREAU Resolution to execute an Agreement for Public Works Mutual Aid with various cities and the County of San Mateo. ~'O ~ A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE PUB- LIC WORKS MUTUAL AID AGREEMENT FOR SAN MATEO COUNTY ADMINISTRATIVE BUSINESS 14. Discussion and action on options to control institu- tions in the Avalon Park and Brentwood areas, in- cluding a Motion to waive reading and adopt an urgency ordinance. AN INTERIM ORDINANCE PROHIBITING THE PROCESSING AND APPROVAL OF USE PER- MITS, VARIANCES, OR OTHER ZONING ENTITLEMENT FOR INSTITUTIONAL USES WHICH MAY CONFLICT WITH CONTEMPLAT- ED GENERAL PLAN, ZONING MAP AND ZeN- CONSENT CALENDAR M/S Teglia/Penna - To approve the Consent Calen- dar with the exception of Item No. 5. Carried by unanimous voice vote. Director of Public Works Parini stated there is not a formal written agreement for emergency services and the resolution spells out responsibilities. Councilwoman Teglia stated she had budgetary concerns. We are trying to keep our services in tact and wondered what would be the likelihood of our people being called out with this agreement. She was further concerned about overtime with the City's budgetary restraints and did not want to take up other City's slack when they call an emergency. Director of Public Works Parini stated he would be contacted in an emergency, however, he would consult with the City Manager and it is our choice on whether or not to help. M/S Drago/Penna - To adopt the Resolution. RESOLUTION NO. 65-94 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Chief Planner Solomon stated the City was being asked to explore the possibility of a zoning amend- ment to make the City's zoning as restrictive as the County's. He related: those uses were defined and a maximum of one institution per ten acres was imposed; City does not have anything comparable and would have to adopt that type of limitation; the County had set a floor ratio that is based on square footage of the lot size or 12,000 sq. fi. - whichever is less; again that is a requirement the City does not have; the County defined institutions; there were 5/25/94 Page 7 AQENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS 4. Motion - Continued. lNG TEXT AMENDMENTS AND DECLARING THIS ORDINANCE TO BE AN URGENCY MEA- SURE NECESSARY FOR THE PRESERVATION OF PUBLIC OF PUBLIC PEACE HEALTH AND SAFETY 316 ADMINISTRATIVE BUSINESS seven options if the Council wanted to implement the zoning changes; staff could be directed to amend the General Plan to accommodate the change; or consider an interim zoning ordinance prohibiting that use which will put a stop on the uses during the time staff prepares the amendment - which is a moratorium. He stated that questions that will arise with a mora- torium are: shall it apply to expansions of the facili- ties, as well as new construction; there are two institutions adjacent to Country Club Park which are requesting additions to the buildings; what are the boundaries of the moratorium; staff is consider- ing including the whole of Avalon Park and the County island, going to 280, to the Golf Club and almost to El Camino; 14 institutions, both in the County and the City; the first time period for a moratorium is 45 days; a further ordinance can be adopted for a total of two years; the Church of Christ was requesting exemption because they have a permit in process; etc. Mr. Joe Stamatis, 269 Avalon Drive, stated he was currently an officer in the Avalon/Brentwood Home- owners Assn. and felt there was a conflict in the General Plan and his neighborhood, specifically 8 and 9, "no institutions will be permitted in the area or immediately adjacent." He stated this had been revoiced in 1984 and adopted as the General Plan in 1986 to control institutional use. He stated that policy 11 pertains to all of S.S.F.; etc. He stated that currently the zoning in the Avalon/ Brentwood area and adjoining Country Club has 14 institutions in operation now, plus two valid use permits - one for a large care facility and the other for a convent. He stated that with the two use permits it will make five facilities located in the rural estates and they are being overrun with institu- tions. He urged the Council to adopt the ordinance as outlined in the staff report to protect the prezoning of Country Club Park. Steven Vettel, Esq., 177 Post St., S.F., stated he was representing the Alta Vista Church of Christ and was concerned with the detail of the moratorium that is being described as being against permits or uses that may conflict with the General Plan. 5/25/94 Page 8 ~QENDA ADMINISTRATIVE BUSINESS 4. Motion - Continued. 5/25/94 Page 9 _ACI!QN TAKEN -- 317 ADMINISTRATIVE BUSINESS However, he felt this moratorium was broader than that - it puts a moratorium on all uses including his client's, who has a small expansion that has been in the works for some time. He stated that it was a small church, with 85 mem- bers, who are proposing a 92 sq. ft. addition, which would be the construction of a small fellowship hall behind the church building, and reconfiguration of classrooms. He stated that his client's addition would not be in conflict with the City's nor the County's zoning and wanted the ordinance to exempt permits in the pipeline or ones not in violation. He stated that most cities do exempt uses that are con- sistent with the current zoning. He stated this moratorium would be unfair to the church because they have been working on the addition, hired an architect, spent a lot of money, gone through two design reviews and the Planning Commission is going to hear it next month. He stated that, if the moratorium was adopted without the amendment cited in his 5/24/94 letter, it will be two years the church will be delayed for no reason, because it is consistent with the current zoning; etc. Ms. Raquel R. Major, 803 Red Leaf Court, stated she was Superintendent of the Church and proceeded to speak on behalf of the children, because that was the reason for the addition - to have more room for classrooms. Ms. Vivian Fender, 4159 Callan, D.C., stated she has been a member of this church for 49 years, as well as teaching bible school, and felt that the church's 50 years in the community has been an asset. Rev. Donald Major stated his concern was for the spiritual life of the people and without the expansion they could not teach the children more effectively. He stated the old hall will be converted to the children's classrooms and the other will be the fellowship hall. He stated the congregation had been there for 25 years and they felt part of the community. Discussion followed: concern over intensity of use and parking; the parking was sufficient with the AQENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS ~. Motion - Continued. RECESS: RECALL TO ORDER: 5/25/94 Page 10 318 ADMINISTRATIVE BUSINESS contemplated shared relationship; it was staff's intention to make the shared use a condition of approval; whether there was intense evening and Sunday use; there were two services on Sunday with 100 people in the morning and 20 in the evening; whether the church had shown the plan to Country Club Park and the adjoining neighborhoods; no, they had not; taking a recess to allow the church to show the plan to the audience and the Council. Council declared a recess at 9:00 p.m. Mayor Fernekes recalled the meeting to order at 9:07 p.m., all Council was present. Discussion followed: Council should not prejudge something that has yet to go to the Planning Com- mission; Council was here to determine if they want to enact a moratorium and not to determine the merits of the plan; how did the homeowners feel about the plan. Mr. Stamatis stated the homeowners did not have a problem with the church going ahead, but they wanted to shake the City up with what is going on with the facilities. He stated this was not the Coun- ty of San Mateo - we are S.S.F. and have a General Plan and policies that should be upheld. Councilwoman Teglia related: with that statement made she would Motion to exempt this application and allow the expansion -- exempt this application for entitlement for the expansion and those that are filed and received to the date that the ordinance is adopted under the zoning regulations in effect 5/25/94. This would apply to any applications that are currently before the Planning Commission. She questioned how many applications had been received. Discussion followed: this was the only application received; staff would have to make minor changes in the moratorium in Section 822, striking the word building permits and changes in other places; the Russian Orthodox Church was a County matter; why not make the ordinance apply to the whole City; Council would have to agree on definition of institu- tions; there are eight to ten planning areas in the AGENDA A~TION TAKEN ADMINISTRATIVE BUSINESS ~,. Motion - Continued. LEGISLATIVE BUSINESS 17. Motion to waive reading and introduce an ordinance requiring separation of recyclables by commercial and industrial customers (continued from the 5/11/94 meeting). AN ORDINANCE AMENDING SECTION 8.16.090 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE SEGREGATION OF REFUSE AND RECYCLABLE '. 319 ADMINISTRATIVE BUSINESS City - El Camino Real to 280, from County Golf Course to the National Cemetery; have a pause for the issuance of permits for 45 days and any expan- sions to use permits would be subject; what is the urgency or emergency; because of potential develop- ment - the Fejet Mosque wants to increase their square footage; Council can direct staff without adopting this ordinance; whether traffic is the big deal; staff did not bring this forward - Mr. Stamatis did; Council did not do anything for our City zoning after the County changed their zoning. Motion withdrawn. M/S Teglia/Drago - To adopt the urgency ordinance with the changes and an exemption of the Alta Vista Church. Councilman Drago wants a thorough unbiased report on what the Council was dealing with in expansions. Motion and Second failed a 4/5 vote by majority roll call vote, Councilman Penna abstained and Vice Mayor Yee voted no. MIS Drago/Teglia - To proceed along lines present- ed for limitations in the entire City. Chief Planner Solomon stated the entire City would take six months, however, he would come back with Country Club Park first - within two months. Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the ordinance title in its entirety. Councilwoman Teglia related: there was an exclu- sive franchise with the Scavenger Co., a problem has been in defining what is waste and what is recy- clable; there were Supreme Court rulings; the two should be separated before going into the waste stream; etc. Mr. Paul Formosa, S.S.F. Scavenger Co., stated that just prior to the last meeting they had submitted a six page letter on the ordinance and questioned 5/25/94 Page 11 AGENDA AC_TIQN TAKEN !.EGISLATIVE BUSINESS 7. Motion - Continued. 5/25/94 Page 12 320 LEGISLATIVE BUSINESS why that letter was not made a part of the staff report. He highlighted their concerns: it is not necessary to require businesses to separate their trash to reach the goals, because the City has adopted a source reduc- tion plan and recycling is part of that requirement; the plan had gone to the County and been submitted to the State as methods of achieving those goals; this ordinance was one of those methods and confuses what happens to the element; was this going to replace the plan or was it in addition to the plan; the plan already has it in it and expanding the recycling is in the plan, but is not mandatory; there are busi- nesses that already separate and there are ways to increase that without it becoming a requirement on businesses; this could create a labor or storage prob- lem to businesses; they were not in agreement with it being mandatory. Mr. Mario Caimettta stated he was Assistant Man- ager of the Golden Gate Terminal and proceeded to cite his concerns: on a day-to-day basis, they have 75,000 boxes and, in the summer, additional fruit boxes; they have 20 debris boxes that are used by all of the tenants and the boxes are emptied; if the ordi- nance is enacted, and it generates the separation, then the Terminal has to increase from 20 to 80 debris boxes to accommodate the garbage; their garbage is composed of a mixture of wood, card- board and plastic; this would compound manhours to segregate and would be burdensome; the tenants are in the wholesale business and the Scavengers have been preforming this task efficiently, which is im- portant because of the perishable commodities; they have people who recycle and reuse the boxes; they did not want to change this procedure and urged Council to look at the impacts this would cause their industry; etc. Mayor Fernekes stated the City Manager had re- ceived letters to the Council from the Terminal, as well as the letter from the Scavenger Co., which were not reflected in the staff report. Assistant City Manager Martell stated she presented the same report on May 1 lth and the City Manager did not indicate those letters should be included. She stated there was also a letter from Waste Re- ~ENDA ~TION TAKEN ADMINISTRATIVE BUSINESS ¢. Motion - Continued. 18. Motion to waive reading and introduce an ordinance related to junk collectors. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADD- ING CHAPTER 6.56 TO THE SOUTH SAN FRAN- CISCO MUNICIPAL CODE RELATED TO JUNK COLLECTORS 321 ADMINISTRATIVE BUSINESS source Technologies. Mayor Fernekes wanted this to be looked at more closely in the future and information go to the mem- bers of the public. Discussion followed: Shelly Rider was hired a week ago as Waste Resource Manager; the City has an agreement with Millbrae to develop programs; the plan was to get to a 50% reduction in the waste stream; whether the City had reached the 16% re- duction to date and how it was determined; it was by the amount of waste weighed in at Blue Line; there are at least four debris box companies who are not mandated to report to other agencies on waste; the Waste Resources Manager is putting together a survey for the debris box companies; Councilwoman Teglia felt there has to be related evidence from the lesser waste being deposited at Ox Mountain in line with scavenger charges being reduced; there was not State law for Ox Mountain to keep books on the fill; recycling garbage into com- post; how do we gauge what the recyclers are dump- ing at Ox Mountain; in the five years of the program, 16% of solid waste has been reduced at Ox Mountain from the scavengers; Ms. Rider planned to survey the recyclers on dumping reduc- tions; the Chamber wanted to send information to the business community before this ordinance was adopted; Councilwoman Teglia did not feel the Council needed to take action on this ordinance, due to the Supreme Court rulings, and felt _it should be put to bed; she felt the next ques- tion to be handled is "what is waste and what is recyclable." City Clerk Battaya read the title of the ordinance in its entirety. Interim City Attorney Mattas gave his staff report: City has an exclusive franchise with the Scavenger Co. for collection of solid waste which includes salvageables; prior to the repeal of Chapter 6.56 it prohibited junk collectors from collecting garbage, refuse and materials which are rejected, abandoned by owners and allowed junk collectors to collect junk - identified as rags, bottles, sacks, cans, pa- pers, metals or any other discarded material; Section 8.16.120 appears to authorize junk collectors to pick 5/25/94 Page 13 AGENDA ACTION TAKEN I~EGISLATIVE BUSINESS 8. Motion - Continued. 5/25/94 Page 14 322 LEGISLATIVE BUSINESS up refuge with salvageable materials; if Chapter 6.56 was readopted junk collectors would again be prohibited from collecting garbage, refuse, waste and other materials rejected or discarded by owners; a recent California Supreme Court decision does not authorize cities to enter into exclusive contracts for collection of recyclable materials; the Subcommittee directed staff to put together this ordinance; the major change in the ordinance and its priority is the definition of junk and what they can and cannot pickup; etc. Mr. Paul Formosa, S.S.F. Scavenger Co., related: he had studied the staff report, met with the Sub- committee, heard the opinion expressed, agrees with the City Attorney's proposed changes and felt it was important to clear up the ambiguities that have led to problems; there were concerns that someone could determine a material not on the list could be reused in some other manner and not enter the waste stream because that latitude was still in the language. A representative from Waste Resource Technologies stated they had been in business for 25 years and were not interested in wet garbage - only in recy- cling and construction material. He stated the com- panies were only interested in the right to operate and feel the language should be cleaned up, which their attorneys were looking at right now. Councilman Yee questioned if this ordinance pre- vented the junk dealers from operating here. Interim City Attorney Mattas stated it did not, how- ever, they need to obtain a permit, as well as a business license. Ms. Beverly Bobblitt, Waste Resource Technologies, stated her Company had paid City and Chamber fees for 25 years and wanted to continue in business. She noted the large number of scavenger drivers present this evening and stated all of their workers were in bed asleep and were not interested in wet garbage. She stated she would rather see their business called recyclers, rather than junk dealers. Andrew Genis, Esq. stated he had reviewed all of the documents and felt there should be a reworking of this ordinance and the scavenger ordinance. AQENDA A~!!QN TAKEN LEGISLATIVE BUSINESS 8. Motion - Continued. RECESS: RECALL TO ORDER: UBLIC HEARINGS 11. Public Hearing - Appeal of the Planning Commission's condition limiting the hours of operat- ing at a proposed self-service car wash at 375 So. Spruce Avenue in the P-C Planning Commercial Zone District, Appellants: David Galli, Richard Broocker, & Robert Waldvogel, dba Clean Machine (Rose Bertuci, owner); UP-94-957, Negative Declaration No. 761; Conduct Public Hearing, Motion to deny the appeal and uphold the Planning Commission's conditions of approval. '.assette No. 2) 323 LEGISLATIVE BUSINESS Councilman Drago stated that the earlier ordinance had been repealed because the City Attorney had grouped a bunch of ordinances together to be re- pealed, however, the Council did not have the ordi- nance before them and he did not believe it was a conflict. M/S Yee/Penna - To waive reading of the ordi- nance. Carried by unanimous voice vote. M/S Yee/Penna - To introduce the ordinance. Carried by unanimous voice vote. Council adjourned to a recess at 10:37 p.m. Mayor Pro Tern Yee recalled the meeting to order at 10:45 p.m., all Council was present, with the excep- tion of Mayor Fernekes, who left the meeting and did not return. PUBLIC HEARINGS Mayor Pro Tern Yee opened the Public Hearing. Chief Planner Solomon stated the appeal was on one condition that limited the hours of operation from 6:00 a.m. to 11:00 p.m. He stated this would alle-. viate noise in the neighborhood, however, if the Council disagreed, the language could be revised. Mr. David Galli, 2717 Debbie Court, San Carlos, refuted the need for the limited hours of opera- tion: he had letters from law enforcement in Belmont and San Carlos, in addition to the absence of complaints from land owners; suggested the police monitor late night operations on site; late night/early morning hours are quiet and closing during those hours promotes vandalism; these were self service businesses and closing early would necessitate chains and security guards; the City has a Hillside carwash that runs for 24 hours. Councilwoman Teglia stated her concern is for particular neighborhoods that are noise impacted, and See's Candy tries to preserve the neighborhood through work habits. She felt the Planning Corn- 5/25/94 Page 15 AQENDA A~!!QN TAKEN 324 PUBLIC HEARINGS 1. Public Hearing - Continued. 12. Public Hearing - Rezoning of the 10,164 square foot lot located on the west side of Oakmont Drive, ap- proximately 165 feet south of Westborough Blvd., from R-1-E-P Single Family Residential District, Planned Unit Development, 8 units per acre, to R-1-F Single Family Residential District, 8.7 units per acre; PUBLIC HEARINGS mission was generous because the lights could be subdued and people would know the business was closed. Police Chief Raffaelli stated the business could have damage from coin machine burglaries, even though they have alarms, and he had suggested putting up chains. He stated that the opportunity for burglary was there, whether the business was open during the night or not. He stated the police could monitor the business after three or four months and, if there was a problem close them down. Councilman Penna felt the sound factor is minor because Francisco Terrace has been sound insulated and felt there would be vandalism if the business was closed. Mayor Pro Tem Yee closed the Public Hearing. Discussion followed: Councilwoman Teglia could not see a 24 hour operation at that site; Councilman Drago felt the 24 hour operation should be allowed for six months and, if there were problems, close them down during the hours in question; Mayor Pro Tem Yee had looked at their other operations, liked the columns and questioned why they were not at this site; he also wanted to see the sides closed up so it does not look like an exposed attic; Mr. Galli said that was not a problem, he would take care of it. M/S Drago/Penna - To uphold the appeal with Condition No. 11 being revised and the building elevations; add subsection to add tresses, review the permit after six months and there will be a structural review. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Pro Tem Yee opened the Public Hearing. Chief Planner Soloman stated this ordinance will make the zoning consistent with the area. Mr. Herring stated this was a straight forward mat- ter. 5/25/94 Page 16 AGENDA A~!!Q~ TAKEN 325 _PUBLIC HEARINGS 2. Public Hearing - Continued. Herring & Worley, Inc., Applicant (A.B. Pace own- er), RZ-93-85, Negative Declaration 760; Conduct Public Hearing, Motion to waive reading and intro- duce the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO REZONING A 10.164 SQUARE FOOT PARCEL ON WESTBOROUGH BOULEVARD FROM R-1-E-P SINGLE FAMILY RESIDENTIAL DISTRICT PLANNED UNIT DE- VELOPMENT TO R-1-F SINGLE FAMILY RESI- DENTIAL DISTRICT ADMINISTRATIVE BUSINESS 13. Resolution adopting a policy to retain surplus assess- ment district construction funds for use in mainte- nance of the improvements in an amount up to 10% of the original bond amount, with any additional amounts to be refunded to property owners within the district, and a determine surplus and direct application thereof for the Gellert Boulevard Extension Assess- ment District. (Adopt either of the following resolu- tions.) A RESOLUTION DETERMINING SURPLUS AND DIRECTING APPLICATION THEREOF FOR CER- TAIN ASSESSMENT DISTRICTS A RESOLUTION DETERMINING SURPLUS AND DIRECTING APPLICATION THEREOF FOR THE GELLERT BOULEVARD EXTENSION ASSESS- MENT DISTRICT PUBLIC HEARINGS Mayor Pro Tern Yee closed the Public Hearing. M/S Penna/Drago - To approve Negative Declara- tion No. 760. Carried by unanimous voice vote. M/S Penna/Drago - to waive further reading and introduce the ordinance. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Finance Margolis related that staff's proposal is to adopt a policy to deal with all of the current assessment districts by retaining surplus assessment district construction funds, allocating $1,000 to the general fund and using an amount up to 10% of the original improvement funds for main- tenance of the improvements, with any additional amounts to be refunded to property owners within the district. She stated that this issue had been raised with the Gellert Assessment District and she had provided a variety of alternatives to deal with Gellert or with all of the districts through different resolutions. She stated that the difference of opinion could be in the work not being completed or completed. She stated the Council had acted on a similar issue in 1986 when 22 bond funds were resolved, with $1,000 paid to the general fund and the rest to main- tenance. She stated that now there are a number of other districts and all together she was talking about $1.2 million. She cited the alternatives: keep the money fully for maintenance; give it to the property owners; provide a full refund; develop a budget based on current maintenance needs and refund any excess over that budget. She stated there were a number of issues relating to Mr. Callan, however, she would not address those 5/25/94 Page 17 AQENDA ADMINISTRATIVE BUSINESS 3. Resolutions - Continued. 5/25/94 Page 18 _AC_TIQN TAKEN 326 ADMINISTRATIVE BUSINESS issues unless the subject arises. Tom Adams, Esq. stated Mr. Callan's assessment district is different, because there has never been an acceptance of completion on the project - contrary to what the Finance Director mentioned. He stated that the districts should be handled on an individual basis, rather than what is shown in her report. He stated the history goes back to 1977, they have an assessment district and the Callans are the only property owners. He stated that he had handled the bonds, while a partner in Wilson, Mortan and Lynch handled the bonding for the special district. He stated that Mr. Callan has been paying every year a substantial amount of money on the bonds and the interest and the City has a record of what that surplus amounts to since 1977. He stated that Mr. Callan had property on the west side that has never been developed and his conten- tion is that he did not pay off the bonds because Mr. Tronoff told him when he wanted to develop the money was there. He stated that he and his client had been trying for four years to get a meeting with the staff and the Council, with a history of letters to Ms. Margolis - who has always put them off. He stated that the former City Treasurer Bonalanza had put it in an interest bearing account, from which the City ob- tained the interest - in addition to the interest from Mr. Callan. He asked that the monies Mr. Callan has paid in interest on the unspent balance should be returned to Mr. Callan to pay off the bonds. He stated the City had been receiving double interest and now the Finance Director was suggesting that you can take money and give him nothing, or 10% of the unspent balance. He did not know how much is interest or principle, but believed the law provides for him to pay off the bonds. He stated that, as far as the cost to the City for the district handling, they have been paid for picking up a check from the County and get $25,000. lie stated his client wanted the unspent balance on Bonds 4 and 5 and the interest on those bonds to be credited to Mr. Callan when he wants to pay off the AGENDA AC!IQN TAKEN ADMINISTRATIVE BUSINESS 3. Resolutions - Continued. 5/25/94 Page 19 327 ADMINISTRATIVE BUSINESS bonds, because they had paid for the interest includ- ing the interest on the interest bearing account. He stated that Mr. Callan had paid cash for a por- tion of Gellert Boulevard and then came the assess- ment; etc. Discussion followed: this district predates staff; Jones, Hall Hill & White, Attys. had indicated that interest could be accommodated to Mr. Callan; every assessment district had special counsel, rather than using the City Attorney; Former City Attorney Armento had written to Mr. Callan in 1986 citing the note she wrote to the Director of Finance point- ing out the three discretionary points and said the funds could be distributed, depending upon how the bonds were issued; Cassalegio, Esq. in a letter to Mr. Callan, said the City could do it any way they wanted, which, in the interest of fairness to Mr. Callan, should be done; whether Mr. Callan was the sole owner of the property; Finance Director Margolis stated that is not what the County Assessor's Office indicates in ownership of Parcel 5; Mayor Pro Tern Yee stated that was only important if the City chose to refund the money; he stated that originally, when the district was formed, they sold more bonds than needed for the cost of the improve- ments, which created a surplus that was put into an interest bearing account; Mr. Callan plays the principle and interest on the bonds every year; recently discovered there was surplus money and wanted to use the money; Mr. Callan's Engineer Tronoff had suggested leaving the money in the account in case Mr. Callan wanted to build up the west side or leave it there until the bonds are through; the accumulated amount was $388,000; the question was how much money, if any, did the Council want to release to Mr. Callan; a staff of engineers should look at the improvements and see if anything needs to be corrected, so the Council would not go back and later try to deal with the improvements to correct problems; Mayor Pro Tern Yee felt this should be done with all assessment districts; it was pointed out that, when streets are dedicated, the City did not take money to use for maintenance for City owned streets; alternatives available to Council; this assessment district had been set up to help the slope if needed, but the district had never been activated; Interim City A~ENDA A~TION TAKEN ADMINISTRATIVE BUSINESS 13. Resolutions - Continued. 15. Resolution of award of contract for vehicle exhaust extraction system for Fire Stations No. 2, 3, 4 and Central to Air Exchange, Inc., in the amount of $53,021.29; resolution approving contract for repair of composite wood roof beams at Fire Station No. 4 to DASSE Design, Inc., in the amount of $7,480, and authorizing advertisement of construction contract to repair the beams in an amount not to exceed $50,000 and authorize an agreement with DASSE Design, Inc. to conduct a seismic safety analysis for Fire Station 4 '- not to exceed $10,000; resolution to authorize prepa- tion of plans and to advertise for a construction contract to replace the roof at Fire Station No. 4. ADMINISTRATIVE BUSINESS Attorney pointed out that Mr. Callan was required to sign a covenant to maintain the slopes; Director of Finance stated the maintenance district does not exist - just a covenant; Councilman Drago wanted to separate the Callan assessment from the others, survey the public improvements and give back the rest of the funds to the property owners; when Mr. Callan built K-Mart he was told the bonds were a lien on the property - so he had paid off the bonds on K-Mart; Mr. Callan said the district was formed and bonds sold in December 1977 and he had a letter dated in 1979 from City Treasurer Bonalanza noting interest was earning on the remaining bal- ance; there were originally seven bonds on Gellert; Finance Director told Mr. Callan her records indi- cated interest had only been paid since 1984 and he had been told that in 1989 the bonds were not col- lecting interest; etc. Councilman Drago stated there were outside bonds dealing with the wind chimes and questioned if a portion of the funds could be used for their acquisi- tion. Discussion followed: a committee should look at each of the districts and the Gellert District will need negotiations with Mr. Callan; a release of the surplus Gellert money would require separate action; Mayor Pro Tern Yee directed that a meeting be set up with the Subcommittee, Atty. Casalegio, the Finance Director, Tom Callan, Tom Adams, Esq. and Interim City Attorney Nave; Mr. Callan stated he wanted to know how much surplus and interest had accumulated on each bond. Mayor Pro Tem Yee stated that Fire Station No. 4 was built in the 1960's and did not want to spend the $10,000 for a seismic safety analysis. M/S Teglia/Perma - To adopt the Resolution for the contract in the amount of $53,021.29; adopt the Resolution for repair of composite wood roof beams for $7,480, not spend $10,000 to conduct a seismic safety analysis and adopt a Resolution for a roof re- placement at Fire Station 4. 5/25/94 Page 20 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS ;. Resolution- Continued. A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE VEHICLE EXHAUST EX- TRACTION SYSTEM FOR FIRE STATIONS 2, 3, 4 AND CENTRAL A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREE- MENT TO PREPARE PLANS AND SPECIFICATIONS FOR THE REPAIR OF COMPOSITE WOOD ROOF BEAMS AND AUTHORIZING ADVERTISING FOR BIDS FOR A CONSTRUCTION CONTRACT TO RE- PAIR THE BEAMS AND AUTHORIZING NEGOTIA- TION OF AN AGREEMENT TO CONDUCT A SEISMIC SAFETY ANALYSIS AT FIRE STATION 4 A RESOLUTION AUTHORIZING THE CITY ENGI- NEER TO PROCEED WITH PLANS AND SPECIFI- CATIONS FOR ROOF REPLACEMENT AT FIRE STATION 4 ADMINISTRATIVE BUSINESS RESOLUTION NO. 66-94 RESOLUTION NO. 67-94 RESOLUTION NO. 68-94 Consideration of proposal to operate a state licensed pre- school program at the vacant Foxridge School site and provide staff with further direction. GOOD AND WELFARE 19. Motion to adjourn meeting to Wednesday, 6/1/94, City Council Conference Room, City Hall at 7:00 p.m. for the discussion of the WQCP expansion and upgrading; review of Corporation Yard options; ;and review of Orange Park ..._. Design options. ADJOURNMENT: Councilwoman Teglia stated she wanted more information on this item, because she wanted to see the program expanded. Discussion followed: the $27,000 in rent to the School District cannot be recouped; could the City negotiate with the District; there was an increase of $400 a year per child for the coordinator; School District is only looking at school age children and not at pre-school programs; staff should pursue. GOOD AND WELFARE No one chose to speak. Councilwoman Teglia stated she wanted a meeting with the Interim City Attorney and the City Clerk on the issu- ance of notices of subcommittee meetings and have a report forwarded to the Council. M/S Penna/Drago - To adjourn the meeting to Wednesday, 6/1/94, City Council Conference Room, City Hall at 7:00 p.m. for discussion of items on this agenda. Carried by unanimous voice vote. Time of adjournment was 12:43 a.m. 5/25/94 Page 21 AGENDA AC_TIQN TAKEN 330 ESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco APPROVED. ~t,y of: eph-~s~)uFt~r San Francischeroes' 4q[ay°ro 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. 5/25/94 Page 22