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HomeMy WebLinkAboutMinutes 1994-06-22Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room June 22, 1994 366 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS AGENDA REVIEW Mayor Fernekes Requested: - Pull Item No. 19 from the Agenda because he re- ceived another application and he wanted the City Attorney to investigate disbanding the Authority. REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS ACTION TAKEN 7:44 p.m. Mayor Fernekes presiding. Council Present: Drago, Penna, Teglia, Yee and Fernekes. Council Absent: None. The Pledge was recited. Rev. Linaman, Chaplain Kaiser Hospital, gave the invocation. Mayor Fernekes asked that a moment of silence be observed for the deaths of former employee Hugo Stompolino and Historic Preservation Commissioner Bartel. PRESENTATIONS There were no presentations. AGENDA REVIEW City Manager Wohlenberg stated there were no changes to the Agenda. So ordered. REPORT OF THE CITY MANAGER City Manager Wohlenberg stated he had nothing to report. ORAL COMMUNICATIONS Mr. Lou Dell'Angela, 460 Gardenside, related his concerns: believed the City should continue to hire an in-house City Attorney, due to the complexity of 6/22/94 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 6/22/94 Page 2 367 ORAL COMMUNICATIONS issues the City deals with, in spite of the article in the paper that said the City was looking to contract out for an Attorney; the City could help fund a dedicated in-house attorney through redevelopment funds or the Conference Center and put out prob- lems before larger ones come forth; he noted that land use problems had been discussed in the recent Town Hall meeting at Martin School, in reference to the eyesore quonset hut; he suggested using eminent domain to negotiate cleaning up the area or using the property maintenance ordinance, which has not been used as much as it should be used; he sent a letter to Council on one aspect of the East of 101 Area Plan, that of being sensitive to the economic climate. Ms. Maggie Pierson, Art Rise, invited everyone to attend their live theater production, opening Friday night. She spoke of their refurbished seats, which they recently acquired from the old Geary Theater, and new acting classes for adults and children. Ms. Patricia Burke, 1700 El Camino Real, cited her concerns on BART: BART's escalating costs; Sena- tor Kopp's pushing the Airport to contribute to BART costs and the Airport saying their funds can- not be used outside of the Airport; she felt this was no longer a transit issue but a political issue; she was awaiting a letter from the City about having a meeting on BART for those opposed to it; she tend- ed to agree with Daly City Councilman Teglia that the cities could do nothing to stop BART; people in the mobil park are very concerned about the work BART is doing behind the park; she talked to Molly Murphy to test her trailer during the BART work, with her dogs out, and had asked if this type of relocation was being addressed in the EIR - she related that she did not know; she was further con- cerned with BART causing respiratory problems in the park, due to the dust and pollution BART will stir up; she was also concerned and wanted to know whether BART was going to do work beneath the trailer park and whether the trailer park was includ- ed in the EIR; people were concerned about endan- gered species, such as snakes, yet 40 people in the trailer park have to undergo health hazards; etc. Discussion followed: BART costs have escalated in excess of $40,000,000; where was the funding coming from; Samtrans and Project 2000 is at- AGENDA ORAL COMMUNICATIONS COMMUNITY FORUM Proclamation - Wuhu City, Republic of China .~O ~ 7 ..._.Mayor Fernekes Requested: Move Item No. 20 to be heard after the Consent Calendar. CONSENT CALENDAR .. Motion to approve Minutes of the Regular Meeting of 5/11/94. _ACI!QN TAKEN - 368 ORAL COMMUNICATIONS tempting to get information on the funding; grants have not been applied for to defray the BART costs; a new redevelopment area was established to fund undergrounding of BART for $23,000,000 - not $40,000,000; the EIR will be available the end of July; what was BART going to do about the disruption of the trailer park; 2/3 of the people voted for BART to come into the County; etc. COMMUNITY FORUM Mayor Fernekes introduced a delegation from Wuhu City, Republic of China and read the proclamation aloud. He stated the delegation was here visiting S.S.F. and he thanked Vice Mayor Yee for taking them on tours of factories in the area. Fire Chief Stark spoke of classes, beginning on Monday, 7/25/94, on emergency response team training. So ordered. Councilwoman Teglia gave Subcommittee reports on the San Mateo Convention & Visitors Bureau and the School Liaison meetings regarding: she and Councilman Drago presented the performance crite- ria to the Convention Bureau and there was a spirit- ed discussion; City's purchase of school sites and the JPA maintenance agreement; one proposal dealt with the City continuing to book the Spruce Gym; etc. Councilman Penna stated he met with the City Man- ager and Finance Director on a computer software system and wanted a Subcommittee of Council set up to deal with the subject. Mayor Fernekes appointed himself and Councilman Penna to be the Subcommittee and asked the City Manager to set up a meeting. CONSENT CALENDAR Approved. 6/22/94 Page 3 AGENDA ACTION TAKEN 369 CONSENT CALENDAR !. Motion to confirm expense claims of 6~22~94. -~'~ ! 3 Resolution authorizing pick up of employee retire- ment conversions, pursuant to the agreement between the City and its Management and Confidential Group, and resolution extending the M.O.U. to 12/31/94. /oO~o A RESOLUTION IMPLEMENTING A TAX BENE- FIT OFFERED BY SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE (IRC) FOR MAN- AGEMENT AND CONFIDENTIAL EMPLOYEES A RESOLUTION AMENDING THE MANAGEMENT AND CONFIDENTIAL EMPLOY- EE COMPENSATION PROGRAM Resolution authorizing pick up of employee retire- ment conversions, pursuant to the agreement between the City and AFSCME Local 1569, AFL- CIO, and extending the M.O.U. to 12/31/94. /°~&oo A RESOLUTION EXTENDING THE MEMORAN- DUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND AFSCME LOCAL 1569 AFL-CIO AND AUTHO- RIZING THE IMPLEMENTATION OF TAX BEN- EFIT, IRC SECTION 414 (h) (2) Resolution extending the M.O.U. between the City of S.S.F. and the International Assoc. of Firefighters, Local 1507 through 12/31/94. t°-tg°~ A RESOLUTION AUTHORIZING AN AMEND- MENT TO THE MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1507, WHEREIN SAID AMENDMENT IS TO EXTEND THE CONTRACT PERIOD THROUGH DECEMBER 31, 1994 Resolution authorizing pick up of employee retire- ment conversions for the International Assn. of Oper- ating Engineers, Local 39, AFL-CIO (WQCP) t°-O~ A RESOLUTION IMPLEMENTING A TAX BENE- FIT OFFERED BY SECTION 414(h) (2) OF THE INTERNAL REVENUE CODE (IRC) FOR INTER- NATIONAL ASSOCIATION OF OPERAT- CONSENT CALENDAR Approved in the amount of $2,277,487.35. RESOLUTION NO. 76-94 RESOLUTION NO. 77-94 RESOLUTION NO. 78-94 RESOLUTION NO. 79-94 RESOLUTION NO. 80-94 6/22/94 Page 4 AQENDA A~I!QE TAKEN (~ONSENT CALENDAR 5. Resolution - Continued. ING ENGINEERS, LOCAL 39, AFL-CIO Resolution authorizing agreement with the Redevelop- ment Agency to provide partial funding for the seis- mic retrofit of the Grand Avenue Library. ,5-~ ~ 0 A RESOLUTION APPROVING AN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO WHEREIN THE REDEVELOPMENT AGENCY WILL REIMBURSE THE CITY OF SOUTH SAN FRANCISCO AN AMOUNT NOT TO EXCEED $800,000 FOR SEISMIC RETROFIT OF THE GRAND AVENUE LIBRARY BUILDING 8. Resolution of award of contract for the Slurry Seal Program to American Asphalt Repair & Resurfacing Co., Inc. in the amount of $29,246.57, as the lowest responsible bidder, and appropriates $56,000 to the Operating Budget. ~'t0~O A RESOLUTION APPROVING BUDGET AMENDMENT 94-7 TO THE 1993-1994 OPERAT- ING BUDGET AND AWARD OF CONTRACT FOR THE SLURRY SEAL PROJECT Resolution delegating authority to adopt Police De- partment Rules and Regulations Manuals to the Chief of Police and City Manager. A RESOLUTION REPEALING RESOLUTION NO. 128-80 AND DELEGATING THE AUTHORITY TO ADOPT POLICE DEPARTMENT RULES AND REGULATIONS MANUALS TO THE CHIEF OF POLICE AND CITY MANAGER 10. Resolution awarding contract for purchase of a por- tion of the Communications Radio Console Project Equipment to Ericson/GE Company, in the amount of $95,748.00, as the lowest responsible bidder, and appropriating an additional $6,075.00 to supplement the budget. .b'-/~-~ A RESOLUTION OF AWARD OF CONTRACT FOR THE COMMUNICATIONS RADIO CON- SOLE PROJECT CONSENT CALENDAR RESOLUTION NO. 81-94 RESOLUTION NO. 82-94 RESOLUTION NO. 83-94 RESOLUTION NO. 84-94 370 6/22/94 Page 5 AGENDA ACTION TAKEN I~ONSENT CALENDAR Resolution supporting the foundation of the Alameda Center for Environmental Technology. ..5' Z.~ A RESOLUTION SUPPORTING THE ALAMEDA CENTER FOR ENVIRONMENTAL TECHNOLO- GIES (ACE) 12. Resolution approving appropriation limit for 1994- 1995. ,$'~/Z D A RESOLUTION APPROVING THE 1994-1995 APPROPRIATION LIMIT FOR THE CITY OF SOUTH SAN FRANCISCO PURSUANT TO ARTI- CLE XIIIB OF THE CALIFORNIA CONSTITU- TION 13. Resolution extending budget appropriations for the period of 60 days. D-- / ~rD A RESOLUTION APPROVING INTERIM FUND- ING FOR FISCAL YEAR 1994-1995 FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS LEGISLATIVE BUSINESS 20. Motion to adopt an ordinance related to junk collec- tors. ~ 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADD- ING CHAPTER 6.56 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO JUNK COLLECTORS CONSENT CALENDAR 371 RESOLUTION NO. 85-94 RESOLUTION NO. 86-94 RESOLUTION NO. 87-94 M/S Yee/Penna - To approve the Consent Calendar. Carried by unanimous voice vote. LEGISLATIVE BUSINESS Vice Mayor Yee stated he was on vacation at the last Council meeting when this ordinance was dis- cussed, wanted to understand the changes made and his basic concern in the beginning was that this does not affect the scavenger's right to collect garbage and allows the recyclers to collect recyclables. Discussion followed: the answer to both questions was yes, there are no substantive changes; there was language changed in response to the Attorney from the debris company; this would not force legitimate recyclers out of business; this would not affect small pieces of garbage being put in debris boxes; garbage on the surface of the debris boxes should be re- moved by the junk collectors; the scavengers have an exclusive right to pick up garbage but not recy- cling; garbage pickup was mandatory; etc. 6/22/94 Page 6 ~ENDA ACTIQ~ TAKEN LEGISLATIVE BUSINESS Motion - Continued. PUBLIC HEARINGS 14. Public Hearing - Consideration of amendments to the Master Fee Schedule, request to open the Public Hearing and continue it to 7/13/94. d~-3 -7 '7 A RESOLUTION AMENDING THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO ADMINISTRATIVE BUSINESS 15. Resolution requesting the San Mateo County Flood Control District to impose charges to fund the Countywide National Pollution Discharge Elimination System (NPDES) General Program for FY 1994- 1995. .D'-~g'7 A RESOLUTION RECOMMENDING THAT THE SAN MATEO COUNTY FLOOD CONTROL DIS- TRICT IMPOSE CHARGES FOR FUNDING THE COUNTYWIDE NATIONAL POLLUTION DIS- CHARGE ELIMINATION SYSTEM (NPDES) GEN- ERAL PROGRAM FOR FISCAL YEAR 1994-1995 372 LEGISLATIVE BUSINESS Mr. Frank Cvetovac, Waste Resource Technologies, expressed his concerns: that the City be the policing agent for garbage in debris boxes - not the scaven- gers; he wanted to continue operating in the manner he had operated in for 23 years and are not going to pick up wet garbage; they did not want the scaven- gers to attack their customers; if this became an issue they would turn it over to the voters; there are people who pick up tires, couches and chairs who do not have to go through the issues the debris box companies have to go through; etc. M/S Drago/Penna - To adopt the Ordinance. ORDINANCE NO. 1144-94 Carried by majority roll call vote, Councilwoman Teglia voted no. PUBLIC HEARINGS Mayor Fernekes opened the Public Hearing and continued it to 7/13/94. ADMINISTRATIVE BUSINESS City Manager Wohlenberg related: City entered into an agreement last year for a multi-city/county plan, pursuant to the Stormwater District Federal Law; a joint plan was submitted, which extends through 1998; etc. Mr. Patrick Sweetwater, C/CAG Advisor, related: the mechanism is found in the Flood District to impose fees; the budget has gone through review at C/CAG before presentation to the Board; the fund- ing formula is $3.72 for residential and $24.86 for industrial parcels, to finance the program activity of one million dollars; etc. Discussion followed: last year the residential fee was $1.50; whether the cities were paying more than the County for the program; Daly City was paying $400,000, Menlo Park $280,000 and Pacifica 6/22/94 Page 7 AGENDA AC_TIQN TAKEN 373 ADMINISTRATIVE BUSINESS 5. Resolution - Continued. 16. Resolution in support of the Countywide Economic Development Plan and commit $5,000 to its first year operations. O~D~ A RESOLUTION APPROVING THE CITY OF SOUTH SAN FRANCISCO'S PARTICIPATION IN A PARTNERSHIP WITH OTHER PUBLIC AND PRIVATE AGENCIES REGARDING THE COUNTYWIDE ECONOMIC DEVELOPMENT PLAN AND AUTHORIZING AN APPROPRIA- TION OF $5,000 FOR THE CITY'S SHARE OF THE COST OF THE PROPOSED PARTNERSHIP '-'". Resolution awarding a contract to Arroyo Seco Asso- ciates, Inc., in the amount of $37,000.00, to conduct a maintenance services delivery system analysis for the City. ~'z- ~ ADMINISTRATIVE BUSINESS $170,000; how many cities did not enact a local program; three cities did not; there was not a stan- dard for any city in what they are supposed to do to comply with the plan; minimum activities to meet the mandate and be cost effective; whether this would end in five years; there were six basic com- ponents to the plan; tasks required in each of the program years; the tax is driven solely by parcel; etc. M/S Teglia/Yee - To adopt the Resolution. RESOLUTION NO. 88-94 Carried by majority roll call vote, Councilman Drago voted no. City Manager Wohlenberg stated that a member of the Board of Supervisors had encouraged Council to support this Plan and commit $5,000.00 to develop an economic development strategy for the County. He stated that he attended some of the meetings and it was his and Mr. Beyers' opinion to go into the Plan and see if anything comes out of it. Interim Director of Economic & Community Devel- opment Beyers stated that, if all of the cities contrib- ute $5,000, the City's share will go down prop- ortionately. City Manager Wohlenberg stated originally the suggested contribution was $15,000 and it had come down to $5,000. Discussion followed: applying the same perfor- mance criteria for contributions as was done with the Visitors and Convention Bureau, because Coun- cilman Drago saw another level of bureaucracy in this; C/CAG started talking about enlarging the bureaucracy with a staff and a budget; this effort was meant to get San Mateo County to be more competitive; each city has its own Chamber of Com- merce; this was a big waste of time; the Council needed to support their own City; etc. City Manager Wohlenberg stated that this item grew out of Council direction to look at the organization's effectiveness and its cost effectiveness compared to the private sector, to effect the budget's bottom line. 6/22/94 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. A RESOLUTION OF AWARD OF CONTRACT TO CONDUCT A SERVICES DELIVERY ANALYSIS OF PUBLIC WORKS AND PARKS LAND MAIN- TENANCE AND A CITYWIDE SECRE- TARIAL/CLERICAL WORKLOAD ANALYSIS 18. Discussion of East of 101 Area Plan revisions recom- mended by the Planning Commission and request for consensus on the goals and policies. ,5-t9o° '~' ADMINISTRATIVE BUSINESS He stated that Arroyo Seco Associates had per- formed this service in many cities satisfactorily. Councilwoman Teglia stated the Subcommittee is not interested in a philosophical report but was interest- ed in getting down to the nitty gritty, with informa- tion to deal with the situation. Based on the fact that the Fire Department has done a substantial restructuring, as well as the Police, they were culled out of the study. Vice Mayor Yee stated he just received the proposal in detail, at the beginning of the meeting, was think- ing about abstaining but did not want the Council, as a whole, to think he did not support the vote. He stated he would vote yes, because he was relying on the Subcommittee report. Councilwoman Teglia stated that Council had been getting many reports very late. She stated that the packets go out on Friday and this report needed to be in that packet, did not feel the Council was being well served and felt things were getting very sloppy from staff. Mayor Fernekes concurred, the reports are appear- ing the day of the meeting, Council needs an amount of time to prepare for the decisions and asked, in the future, that the reports be out in a timely manner. M/S Teglia/Drago - To adopt the Resolution. RESOLUTION NO. 89-94 Carried by unanimous voice vote. Mayor Fernekes and Councilman Penna stepped down from the podium, due to potential conflicts of interests, and did not take part in the discussion nor vote. Chief Planner Solomon gave his staff report: this was a compilation of all of the policies; there were a number of significant changes; the FARs had been increased to .55; allows commercial parking struc- tures; fast food uses; noise element left out of the document; includes letter from Mr. Dell'Angela on LU-4B; includes letter from Mr. Graeb; fast food use barred within 500' of freeway, unless it is in a 6/22/94 Page 9 ~ENDA ~TION TAKEN ADMINISTRATIVE BUSINESS 8. Discussion- Continued. Mayor Fernekes and Councilman Penna Returned to the Podium. 19. Council appointment to the Parking Place Commis- sion. LEGISLATIVE BUSINESS 20. Motion to adopt an ordinance related to junk collec- tors. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADD- ING CHAPTER 6.56 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO JUNK COLLECTORS 375 ADMINISTRATIVE BUSINESS hotel; letter on policy No. 4; etc. Mr. Knox cited his concerns: Appendix B, Page B- 28, the last bullet is not clear; Policy D-578, Stor- age - word is open and not defined and he had recommended language. Discussion followed: Councilwoman Teglia wanted the storage screened on all sides; Mr. Knox's client is Avis; he assumed the City would allow open storage in a light industrial area; Mr. Knox had problems with Policies 34 and 35 and felt some clarification was needed for consistency in the poli- cies; storage is allowed, provided it is properly screened from public view; City had a problem with a hotel use that was deleterious; Council should deal with the issue of screening from public view; over- head views from adjacent property; second bullet concerns parking lot shrubs - it says 10%, yet the memo of 3/4/94 on DE-57 says 5%; Consensus of Council - to change to 5%; Mr. Dell'Angela felt 0.8 or 1.0 FARs could be used for hotels/motels, be- cause the 0.6 standard discourages business; Coun- cilwoman Teglia and Councilman Drago felt Mr. Dell'Angela was right, it should be up to 1.6 FARs, with Planning Commission approval; Mr. A. R. "Bud" Mason felt this was down grading lots and had problems with the FARs; it they were changed a second EIR would have to be done and recirculated; Brisbane is concerned over impacts on their streets; to delete 10; does not address WQCP issue of ca- pacity; etc. Mayor Fernekes and Councilman Penna returned to the podium at 12:08 a.m. Removed from the Agenda by Mayor Fernekes under Agenda Review. LEGISLATIVE BUSINESS This item was handled after the Consent Calendar. 6/22/94 Page 10 AQENDA A~!!QN TAKEN LEGISLATIVE BUSINESS Motion to waive reading and introduce an ordinance on the Stormwater Management Plan (continued from the 6/8/94 meeting). AN ORDINANCE REPEALING CHAPTER 14.04 ENTITLED UNLAWFUL DEPOSITS IN STORM SEWERS AND ADDING CHAPTER 14.04 ENTI- TLED "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE GOOD AND WELFARE CLOSED SESSION 22. Closed Session: a) pursuant to GC 54956.9 (a), regarding litigation, United Sign (Bernstein) vs. City of S.S.F., Case No. 387874, with the Interim City Attorney, b) pursuant to GC 54956.8, to give instruc- tions to the Negotiator regarding Jesus Armas and the sale of property at 368 Contour St. and instructions will include price, terms of payment and/or both, and c) pursuant to GC 54957.6, labor negotiations on IAFF, Local 1507 (Firefighters), AFSCME, Local 1569, Operating Engineers and Management and Confidential Employees. ,,ECALL TO ORDER: 376 LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Discussion followed: this was discussed before and it has nothing to do with the fee; a person was charged $50.00 for each infraction. M/S Yee/Penna - To waive reading and introduce the ordinance. Councilman Drago questioned if there could be a higher penalty for violation of this ordinance. Interim City Attorney Mattas stated it could be elevated from an infraction to a misdemeanor. Motion and Second were withdrawn. M/S Yee/Drago - To waive reading of the ordi- nance. Carried by unanimous voice vote. M/S Yee/Teglia - To introduce the ordinance and amend the infraction to a misdemeanor. Carried by majority voice vote, Councilman Drago voted no. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 12:20 p.m. to discuss the items noticed on the Agenda. Mayor Fernekes recalled the meeting to order at 1:04 a.m., all Council was present, no action was 6/22/94 Page 11 AGENDA ACTION TAKEN .. 377 ADJOURNMENT: taken. M/S Penna/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 1:05 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk ~ City of South San Francisco APPROVED. The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 6/22/94 Page 12