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HomeMy WebLinkAboutMinutes 1995-01-11Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes -John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room January 11, 1995 270 CALL TO ORDER: ROLL CALL: AGI~NDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: AGENDA REVIEW ~cting City Manager Martel Requested: - Continue Item 9 to 1/25/95 because the Negative Declaration was not noticed. REPORT OF THE CITY MANAGER ACI!Q_N TAKEN p.m. Mayor Yee presiding. CoUncil Present: Drago, Penna, Teglia and Yee. Council Absent: Fernekes. City Clerk Battaya stated Councilman Fernekes had informed her Office, he had an emergency and was called out of town. The Pledge was recited. AGENDA REVIEW Councilman Drago asked why it could not stay on the Agenda. City Attorney Mattas stated the Council could open the Public Hearing, have a discussion, waive read- ing, introduce the ordinance and continue it to 1/25/95 for the Negative Declaration and second reading of the ordinance. REPORT OF THE CITY MANAGER Acting City Manager Martel spoke of a memo of 1/10/95 from the Director of Parks, Recreation & Community Services on stOrm related tree incidents and proceeded to give a brief report. Discussion followed: Buri Buri was without elec- tricity for 18 hours; troubles getting through to PG&E; Greenwood Dr. was without electricity for 24 hours; 4,000 volt line was out in San Bruno; PG&E should give the people some sort of time frame as to when power is going to be reinstalled, because people are bothered when their freezers are out for a long time; Mayor Yee instructed the 1/11/95 Page 1 AQ~NDA A~!!Q~ !A~ 271, REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS IJOMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of ._ 11/9/94 and Adjourned Regular Meeting of 11/16/94. Motion to confirm expense claims of 1/11/95..5't9/~ 3. Resolution accepting a California Library Services REPORT OF THE CITY MANAGER Acting City Manager to have PG&E respond at a Council meeting on what took them so long to re- store service; BART EIR and the Supplemental were received in the City Manager's Office Friday and will go out in the packet with the executive summa- fy; copies will be placed at City Hall and the Librar- les; there will be a BART press conference on the draft documents on 1/13/9:5 at I0:00, which starts a 60 day comment period; Acting City Manager re- ceived a communication from the Superintendent of the School District stating their 1/12/95 meeting had an item on the Agenda that has some impact on this City; should consider having a joint meeting in lieu of existing liaison meetings; Councilwoman Teglia learned this afternoon that one Trustee wants to do away with the Liaison Subcommittee, however, both elected bodies always have the option for a joint meeting, but discussions get stymied; she sees a lot of value in the Liaison Committee. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Discussion followed on the City Treasurer's invest- mere policies: Councilman Penna received a report and felt the funds were invested very frugally and were collecting approximately 5 % interest; Council- woman Teglia complimented Acting City Manager Martel for a fine job of filling in, because this was her last meeting in that role; 1/26/95 is the Town Hall Meeting; Mayor received a call in reference to the City observing the Martin Luther King Holiday; that subject had been brought up in negotiations, to substitute that for another holiday; this subject should be discussed in Closed Session; to observe the holiday would cost thousands of dollars; agendize the cost for another meeting; etc. CONSENT CALENDAR Approved. Approved int he amount of $2,840,585.41. 1/11/95 Page 2 CONSENT CALENDAR Resolution - Continued. AGENDA Act (CLSA) award of $28,844 from the State Library and approving a budget amendment for $4,720 to the 1994-1995 Operating Budget. ~'O A RESOLUTION ACCEPTING A CALIFORNIA LIBRARY SERVICES ACT GRANT FROM THE CALIFORNIA STATE LIBRARY FOR 428,844.00 AND APPROVING BUDGET AMENDMENT 95-6 TO THE 1994-1995 OPERATING BUDGET Motion to adopt an ordinance related to unreinforced masonry buildings. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 15.28 OF THE SOUTH SAN FRANCISCO MU- NICIPAL CODE RELATED TO UNREINFORCED MASONRY BUILDINGS Motion to adopt an ordinance regulating massage establishments and massage services. .~ / 0 ~ 5167 AN ORDINANCE AMENDING CHAPTER 10.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES Resolution amending the Conflict of Interest Code to update positions for designated employees filing statements. A RESOLUTION AMENDING THE LIST OF DES- IGNATED POSITIONS FOR THE CITY OF SOUTH SAN FRANCISCO'S CONFLICT OF IN- TEREST CODE Motion to accept the Comprehensive Financial Re- ports for 1994 and the 1994 Report to the City Council prepared by the Auditors. Motion to adopt an ordinance rMated to unreinforced masonry buildings. 50 ~ ~ 1/11/95 Page 3 _AC_TIQN TAKEN CONSENT CALENDAR RESOLUTION NO. 1-95 Removed from the Consent Calendar for discussion by Councilman Drago. ORDINANCE NO. 1156-95 RESOLUTION NO. 2-95 Removed from the Consent Calendar for discussion by Councilman Drago. M/S Teglia/Penna - To approve the Consent Calen- dar with the exception of Items 4 and 7. Carried by unanimous voice vote. Councilman Drago questioned how this affects Item 12, the retrofit of City Hall. AGENDA A~ION TAK_E__N Motion - Continued. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 15.28 OF THE SOUTH SAN FRANCISCO MU- NICIPAL CODE RELATED TO UNREINFORCED MASONRY BUILDINGS Motion to accept the Comprehensive Financial Re- ports for 1994 and the 1994 Report to the City Council prepared by the Auditors. ~'O/o / ADMINISTRATIVE BUSINESS 12. Resolution approving Supplement No. 1 to Degenkolb Structural Engineers Agreement for preparing Plans, specifications and cost estimates for the seismic up- grade project in an amount not to exceed $61,000 and authorizes completion of plans and specifications; Resolution awarding contract to Geo/Resource Con- sultants, Inc. for additional soils investigation in an amount not to exceed $15,000. o~0 ~; O A RESOLUTION APPROVING SUPPLEMENT NO. 1 TO THE AGREEMENT WITH DEGENKOLB STRUCTURAL ENGINEERS FOR THE DESIGN OF SEISMIC UPGRADES OF CITY HALL AND GRAND AVENUE LIBRARY A RESOLUTION AUTHORIZING AWARD OF CONTRACT WITH GEO/RESOURCE CONSUL- TANTS, INC. FOR ADDITIONAL SOILS INVES- TIGATION FOR THE CITY HALL AND THE GRAND AVENUE LIBRARY Interim Director of Economic & Community Devel- opment Beyer stated the City does not have to fol- low the ordinance, but it requires that buildingsbe brought up to Code in seven years. Councilwoman Teglia asked that the item be held over to the discussion of Item 12. Discussion followed: Councilman Drago stated he had a problem with the second paragraph and the term "unqualified opinion"; the term means that the City has a clean bill and is good; the document is not user friendly; it was not prepared for laymen; the revenue and expenditures are out of balance; the audit letter recommendations are the same as offered in 1993; Public Facilities Corp. has not had a meet- ing since 1984; follow up on actuarial valuations for insurance program; neod to hire a position to do that; missing one member on the Public Facilities Corp., which Council must appoint; etc. M/S Drago/Teglia - To accept the Comprehensive Financial Reports for 1994 and the 1994 Report to the City Council prepared by the Auditors. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Interim Director of Public Works Wykoff gave background information on the Project: on 8/25/93 Council authorized award of a design contract to Seismically upgrade City Hall and the Grand Avenue Library with a cap of $156,136; the total cost of the project is $5,000,000 and, since this exceeded cur- rent funds available, the consultant was put on "hold"; 4/27/94 Council approved completing seis- mic plans for both buildings, without major remod- eling of City Hall; this reduced the Project cost to $3,000,000; Library portion of $800,000 will be funded by the Redevelopment Agency; the City Hall portion of $2,200,000 will be funded through the CIP; etc. Councilman Drago commented: he is not comfort- able with the geological study and noted there was supposed to be a more thorough one made; the $1,500,000 figure had escalated to $5,000,000 and now it is back to $3,000,000; he was bothered by there not being a guaranty on the results; in light of what he has been reading on earthquakes he was not 1/11/95 Page 4 AQENDA A~IIQN TAKEN ADMINISTRATIVE BUSINESS 2. ResOlutions - Continued. 1/11/95 Page 5 274 ADMINISTRATIVE BUSINESS certain we are doing the right thing for that amount of money; he asked the Fire Chief to purchase tapes or take handouts on an earthquake seminar he will attend; he felt the question of stability is in the soils below it rather than the structure itself; he felt City Hall is sitting on solid rock and could Stand up to an earthquake so the money will be spent foolishly; etc. Acting City Manager Mattel related: the additional work to be done will provide updated information; there was a geological study done in 1991 and there was much information that related to the stability of the soil, but the focus was on the number of faults in the area and retrofitting to lesson the risks of liability; the Council had to weigh the risks of loss of lives and property without retrofitting; etc. Mayor Yee stated Councilman Drago had asked whether the soil underneath City Hall will withstand a normal earthquake. To answer that requires an expert and representatives from Geo/Resources should be asked to come to a Council meeting for direct dialogue between Council and the firm. Councilwoman Teglia related a presentation from Mr. Bob Field from EOC on the Mexico earth- quake. There was a bank of information that was not part of the geological report. Buildings standing side by side had one stand and one collapse. She suggested he be called for information. She asked the Fire Chief if there is some data some- where in a scientific journal and, if there is, she wanted to see it pursued, because she did not feel the soils people are the right people to give the Council what it needs. Fire Chief Stark stated he did not have specific knowledge of the state of the art, however, it was generally known about soil and compaction and how it affects the activity of buildings. Discussion followed: the key thing is to have some- one you have confidence in; have the experts at a study session; Councilman Penna had questions on landfill, such as in the San Francisco Marina, and he agreed with Councilman Drago that spending mil- lions of dollars retrofitting City Hall would not do the City justice; etc. AGENDA _A C T_IQ N TAKEN ADMINISTRATIVE BUSINESS 2. Resolutions - Continued. Motion to adopt an ordinance related to unreinforeed_ masonry buildings. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 15.28 OF THE SOUTH SAN FRANCISCO MU- NICIPAL CODE RELATED TO UNREINFORCED MASONRY BUILDINGS RECESS: RECALL TO ORDER: · PUBLIC HEARINGS Public Hearing - To consider Zoning Amendment ZA-94-88 that adopts by reference definitions of "Massage" and "Massage Establishment", amends the 275 ADMINISTRATIVE BUSINESS Mr. Alan Askar was delighted the Council was raising the issue on how much benefit or gain there would be in retrofitting. He stated this is a critical issue and Councilwoman Teglia brought up the Mexico quake, which he was familiar with and knew Mexico is built on a lake with an island that was once occupied by Montezuma. He spoke in detail of the buildings and marble floors that surVived the earthquake on the landfill. He stated more concern for a modem building on South Airport then for City Hall, because it is built on a disturbed field and the water table is closer to the surface. He was also interested in discussions with regard to the impact the soils will have on a specific structure, because that is why buildings react differently. He felt that could have significant bearing upon the discussion on whether it is wise to spend $3,000,000, $6,000,000 or $10,000,000 to retrofit City Hall. He stated, if City Hall was built on landfill, it should be tom down. However, he would be more comfortable in City Hall in an earth- quake than being in another URM building. He felt Council should look strongly at what type of safety they are buying for the millions of dollars. Mayor Yee stated the item will be continued for more information. M/S Drago/Teglia - To adopt the Ordinance. ORDINANCE NO. 1157-95 Carried by majority voice vote, Councilman Penna abstained due to a conflict of interest. Mayor Yee declared a recess at 9:38 p.m. Mayor Yee recalled the meeting to order at 9:57 p.m., all Council was present. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. 1/11/95 Page 6 A~NDA PUBLIC HEARINGS 3. Publi~ Hearing - Continued. lists of uses subject to a use permit in the Retail · Commercial, Planned Commercial, Downtown Commercial Planned Industrial and Industrial, making "Massage Establishments" conditional uses, uses requiring discretionary approval by the Planning Commission, and deletes the provision of the Adult Entertainment Overlay District regulations related to "Massage Parlor(s)", Conduct Public Hearing; Con-. duct Public Hearing; Motion to waive reading and _ introduce Zoning Text Amendment 94-88. AN ORDINANCE AMENDING CHAPTERS 20.06, 20.22, 20.24,20.26, 20.30, 20.32 AND 20.37 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE DEFINING BY REFERENCE "MASSAGE ESTABLISHMENTS", LISTING SUCH USES AS REQUIRING USE PERMITS IN THE COMMER- CIAL AND INDUSTRIAL ZONING DISTRICTS AND DELETING PROVISIONS PERTAINING TO MASSAGE PARLORS IN THE ADULT ENTER- TAINMENT OVERLAY DISTRICT REGULA- TIONS Public Hearing - To consider granting the franchise application requested by Santa Fe Pacific Pipeline to install, maintain and operate an 8-inch pipeline to be used for the transmission of oil and oil-related prod- ucts; Conduct Public Hearing; waive reading and introduce the ordinance. AN ORDINANCE GRANTING A FRANCHISE TO SANTA FE PACIFIC PIPELINE PARTNERS, L. B. FOR TRANSPORTATION OF OIL AND PROD- UCTS THEREOF ACI!Q_N PUBLIC HEARINGS !AKE_N ,. Mayor Yee opened the Public Hearing. Chief Planner Solomon gave a brief staff report. Mayor Yee closed the Public Hearing. M/S Penna/Teglia - To waive reading and introduce the ordinance. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Yee opened the Public Hearing. Imerim Director of Public Works Wykoff related: on 12/14/94 Council adopted the Resolution of Intention to establish 3,600 linear feet of 8" pipeline within the City streets; the pipeline will operate at a pressure not to exceed 1,440 pounds per square inch and will transport gasoline and diesel fuel to Shell Oil Company's storage tanks at the South Airport Blvd. facility; City will receive $750 yearly in fran- chise fees; the pipeline will be located uMer cross- ing utilities within the public streets, except where depth of the existing facility makes this unfeasible; this will reduce the possibility of damage to the pipeline during future excavation of the streets for the repair, installation or replacement of utilities; the route would come down Shaw Rd.; etc. Mayor Yee questioned who owns the land adjacent to the creek. 1/11/95 Page 7 AGENDA fiCTION TAKEN PUBLIC HEARINGS }. Public Hearing - Continued. 1/11/95 Page 8 277 PUBLIC HEARINGS Mr. Jerry Westerman, Santa Fe Pacific Pipelines, stated he did not know who owns that property but the Shell Facility is in the middle. He stated the pipeline will be on the southside of the north access road and encroaching the north access until it hits the 'Shell Facility and then goes north. He stated that Shell Oil Co. has asked to connect this to ship the fuel, because they have a pipe that Crosses the bay. He stated that Shell representatives did not come tonight because the item was supposed to be continued. Discussion followed: the existing 8" pipeline is maintained but is not in use; it was used to deliver to the southern end of the Airport; why should the City take risks to accommodate Santa Fe when there can be ruptures in the line; how was this going to be placed under the Freeway; the location of the exist- ing pipeline; there will be some disruption of traffic, but there will be a City traffic control program; it appears that once it goes under the Freeway it is property owned by the San Francisco Airport, which is not open space land but this is natural habitat land; why tear up a street to put in a pipeline; becaUse there is not much room and the pipeline company feels it is a better location; Councilman Penna was not in favor of the streets being torn up for this purpose, because it is a serious traffic prob- lem for the businesses in the Shaw Road area; the City has thg authority to grant or not grant the franchise, however, in that it is a public facility, they have eminent domain status; Mayor Yee wants a legal opinion from the City Attorney for the next meeting; this would be refined petroleum products only; this is a statutory process that sets the fran- chise fee the City can recover and provides th.e op- portunity to negotiate protection for the City in the agreement that would not be present in eminent domain; the Council may waive reading and intro- duce the ordinance for adoption at the next meeting; Mayor Yee was not in a position to take that action; the franchise fee is set by statute and an agreement; Mayor Yee wants to see the cross section and assur- ance that the street will be paved all the way to the gutter; etc. M/S Drago/Teglia - To continue the Public Hearing to 1/25/95. A~ENDA ACTION TAKEN 278 PUBLIC HEARINGS ). Public Hearing - Continued. ADMINISTRATIVE BUSINESS 10. Resolution of intent expressing intent to support and participate in the Peninsula Partnership Initiative.~_/..g~ A RESOLUTION EXPRESSING INTENT TO SUPPORT AND PARTICIPATE IN THE PENIN- SULA PARTNERSHIP INITIATIVE 11. Resolution authorizing the extension of the current Joint Use of Facilities Agreement between the City and the S.S.F. Unified School District throueh 6/30/95.~,~ A RESOLUTION OF CITY OF SOUTH SAN FRANCISCO APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT AU- THORIZING JOINT USE OF FACILITIES ?EMS FROM COUNCIL 13. Discussion regarding Chairperson for C/CAG. PUBLIC HEARINGS Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Acting City Manager Martel stated she and the former Mayor had attended a meeting of the Penin- sula Partnership, which is an organization of repre- sentatives from various cities and social agencies. She stated it was to develop local comprehensive, integrated systems for young children and their families with tools to be successful in school and throughout life; etc. Discussion followed: there is not an initial cost; the group wants cities and the School District to be supportive and involved in the five year action plan; submitting the letter of intention does not commit the City to anything but the preliminary plan; Coun- cilman Drago felt this is bureaucratic, of no benefit to the people and he was not going to support it; this was created by representatives of the service provid- ers; Councilman Penna felt the City has limited resources and did not want another level of gov- ernment between the people; etc. Councilwoman Teglia did not have a problem with this going through but wanted direction to be given immediately to get agreement in place. She stated the Guard Crossing Program the City no longer needs to fund, according to the State, and she felt that and the Police Liaison Program should also be discussed. Discussion followed: there should be a list of ser- vices provided the School District; the District did away with their Liaison Subcommittee, so there is no one to discuss it with; the agreement ends in June and we are morally committed. M/S Drago/Teglia - To adopt the Resolution. RESOLUTION NO. 3-95 Carried by unanimous voice vote. ITEMS FROM COUNCIL Discussion followed: history of C/CAG; South County is orchestrating activities; discussion of the 1/11/95 Page 9 AGENDA ACTION TAKEN ITEMS FROM COUNCIL 3. Discussion regarding Chairperson for C/CAG. GOOD AND WELFARE CLOSED SESSION 14. Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - Acting City Manager, Director of Personnel, City Attorney and Labor Negotiations Consultant on labor relations matters and the employee organizations are: AFSCME, Police, Fire, Operating Engineers, Man- agement and Confidential Group and Public Safety Managers; pursuant to GC 54956.9, initiation of litigation. 279 ITEMS FROM COUNCIL Congestion Management Plan with penalties and controls on land use in areas such as S.S.F. and there will be heavy voting from the small southern cities; the Chairmanship is up, there is competition and Councilwoman Teglia was not crazy about any of the choices; who to vote for; leave it up to the Mayor and maybe others will place their names in nomination; Councilman Penna liked Madeline Agrimonti from Daly City for Chairperson; if a person is from the south that person may not be fair to northern cities; if this City pulled out of C/CAG others might also; etc. · GOOD AND WELFARE Discussion followed on Council: Council does not want to reinterview applicants previously inter- viewed; ask Kaiser Hospital for a presentation on the West Orange site at a Council meeting; etc. Mr. Eugene Simm, Art Rise, announced the 25th anniversary of Art Rise to be celebrated on 4/28/95 and asked if he could place the Council's name on the program as being in support of the affair. He spoke of a problem he had on Shannon Dr.: some people put concrete slabs down to divert wa- ter; the downspots are heading towards his house; this needs to be mitigated; the wood frame and chimney started to crack and are subject to dry rot; neighbor built a shed, whole backyard is concrete and the over flow of water comes onto his property, Mayor Yee stated there should be plastic pipes to the gutter and it must have a splash blade. CLOSED SESSION Council adjourned to a Closed Session at 11:26 p.m. to discuss the items noticed. 1/11/95 Page 10 AGENDA _AC T IQ_N TAKEN 28C RECALL TO ORDER: 15. Motion to adjourn the meeting to Wednesday, 1/18/95, 7:00 p.m., City Council Conference Room, City Hall for a study session on the Terrabay Project and Shearwater Site Redevelopment Proposal. ADJOURNMENT: Mayor Yee recalled the meeting to order at 1:10 a.m., all Council was present. He announced that direction was given on labor relations; Council authorized the initiation of litigation against Crown Sterling, if necessary, for the collection of Transit Occupancy Tax. M/S Teglia/Drago - To adjourn the meeting to Wednesday, 1118/95, 7:00 p.m., Municipal Services Building Community Room, 33 Arroyo Drive, for a study session on the Terrabay Project and Shearwater Site Redevelopment Proposal. Carried by unanimous voice vote. Time of adjournment was 1:12 a.m. RESPECTFULLY SUBMITTED, APPROVED. ,..B_Barbara A. Battaya, City Clerk ~' ' ity of South San Francisco Robert Yee, Mayor 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. 1/11/95 Page 11