HomeMy WebLinkAboutMinutes 1995-12-13 Mayor Jack Drago
Council:
Joseph A. Fernekes
Eugene R. Mullin
._~ohn R. Penna
obert Yee
MINU_T_ES
City Council
Municipal Services Building
Community Room
December 13, 1995
SPECIAL MEET!N~
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
DECEMBER 13, 1995
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 13th day of
December, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco,
California.
Purpose of the meeting:
Presentation of Public Safety Awards.
Dated:
December 7, 1995
City Clerk
City of South San Francisco
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
Presentation of Public Safety Awards
12/13/95
Page 1
ACTION TAKEN
7:18 p.m., Mayor Drago presiding.
Council Present:
Council Absent:
Fernekes, Mullin, Penna, Yee and
Drago.
None.
Police Chief Raffaelli announced the Police and Fire
Departments are giving awards to citizens who have
assisted them in various acts. A group of supervi-
sors in the Police Department, after scrutinizing the
deeds of the candidates, approves the awards - and it
is, therefore, an honor to be chosen as the individual
has definitely merited the award. He called Mayor
AGENDA
,..p, resentation - Continued.
ADJOURNMENT:
ACTION TAKEN
011
Drago to the podium to pass out each Certificate
of Recognition.
Certificates were presented to the following: Walter
Petree, Lynda Jensen, Linda McGrath, Solomona
Uli, Muhammed Raza, Davin Cole, Josuah Nair and
Ron Payne. He stated Brant Lewis and Brian Smith
would be receiving their Certificates at another time.
He also called Capt. Moss and Officer Hart to the
podium to help present a Certificate to City Manager
Wilson for funding necessities for Project NEAT,
the Police Department and the rest of the City, for
helping in beautifying the City and for his work with
the Summer Youth Program.
Fire Chief Stark presented Certificates to the fol-
lowing people who served the community and the
Fire Department during the previous six months:
Nikki Wolfe, Heidi Colgate, Sam Colbert, George
Ryan, Det. Bob Eastman of the S.S.F. Police Dept.
and Dan Martinez.
M/S Yee/Mullin - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:38 p.m.
RESPECTFULLY SUBMITTED,
City of South San Francisco
APPROVED.
oD; asgo°u'~M;aYn° ~ r a n c i s c o~,~
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.
12/13/95
Page 2
Chairman Jack Drago
Boardmembers:
Joseph A. Fernekes
Eugene R. Mullin
..... 'ohn R. Perma
~obert Yee
MINUTES
Recreation and Park District
Municipal Services Building
Community Room
December 13, 1995
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Approval of the Minutes of the Special Meeting of
- 3/8/95. ,5"15.3
ADJOURNMENT
RESPECTFULLY SUBMITTED,
El~i~ ,~D~pUt~y ~rk
Recreation and Park District
City of South San Francisco
ACTION TAKEN
6:58 p.m. Chairman Drago presiding.
Boardmembers Presem:
Boardmembers Absent:
Fernekes, Mullin, Yee and
Drago
Penna
Chairman Drago explained that it is required by law
that this meeting, the Surplus Property Authority,
Industrial Development Authority and Capital Im-
provements Financing Authority meetings are held
once each year.
M/S Fernekes/Yee - To approve the Minutes of the
Special Meeting of 3/8/95.
Carried by majority voice vote, with Boardmember
Mullin abstaining.
M/S Yee/Fernekes - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 6:59 p.m.
APPROVED.
/J__a/ck' Dr g hir
// ~.ecreation and Park District
[,._./City of South San Francisco
The entries of this Agency meeting show the action taken by the Recreation and Park District to dispose of an item.
":al communications, arguments and comments are recorded on tape. The tape and documents related to the items are
file in the Office of the City Clerk and are available for inspection, review and copying.
12113/95
Page 1
Chairman Jack Drago
Boardmembers:
Joseph A. Fernekes
Eugene R. Mullin
lohn R. Penna
Robert Yee
MINUTE~.
Surplus Property Authority
Municipal Services BUilding
Community RoOm
December 13, 1995
3
A~ENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
1. Approval of the Minutes of the Regular Meeting of
12/14/94. g/~-g
ADJOURNMENT
RESPECTFULLY SUBMITTED,
Elaine J. Bil ,l~Deputy Clerk
Surplus Property Authority
City of South San Francisco
ACTION TAKEN
7:00 p.m. Chairman Drago presiding.
Boardmembers Present: Fernekes, Mullin, Yee and
Drago
Boardmembers Absent: Penna
M/S Fernekes/Yee - To approve the Minutes of the
Special Meeting of 12/14/94.
Carried by majority voice vote, with Boardmember
Mullin abstaining.
M/S Yee/Fernekes - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:01 p.m.
APPROVED.
~ ,"Jack Drago, Chairm~n
//:/Surplus Property A/uthority
(//' City of South San Francisco
The entries of this Agency meeting show the action taken by the Surplus Property Authority to dispose of an item.
Oral communications, arguments and comments are recorded on tape. The tape and documents related to the items are
on file in the Office of the City Clerk and are available for inspection, review and copying.
12/13/95
Page 1
Chairman Jack Drago
Boardmembers:
Joseph A. Fernekes
Eugene R. Mullin
John R. Penna
robert Yee
MINUTES
Industrial Development Authority
Municipal Services Building
Community Room
December 13, 1995
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
Approval of the Minutes of the Regular Meeting of
12/14/94. .5'/,.6"~
ADJOURNMENT
RESPECTFULLY SUBMITTED,
Industrial Development Authority
City of South San Francisco
_ACI!QN TAKEN
7:02 p.m. Chairman Drago presiding.
Boardmembers Present:
Boardmembers Absent:
Fernekes, Mullin, Yee and
Drago
Penna
M/S Yee/Fernekes - To approve the Minutes of the
Special Meeting of 12/14/94.
Carried by majority voice vote, with Boardmember
Mullin abstaining.
M/S Yee/Fernekes - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:03 p.m.
APPROVED.
/~ ? J_ac.k Drago, Chairman
// / Industrial Development Authority
QCity of South San Francisco
The entries of this Agency meeting show the action taken by the Industrial Development Authority to dispose of an
item. Oral communications, arguments and comments are recorded on tape. The tape and documents related to the
items are on file in the Office of the City Clerk and are available for inspection, review and copying.
12/13/95
Page 1
Chairman Jack Drago
Boardmembers:
Joseph A. Fernekes
Eugene R. Mullin
--John R. Penna
Robert Yee
MINUTES
Capital Improvements Financing Authority
Municipal Services Building
Community Room
December 13, 1995
,.9
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No.
1)
ACTION TAKEN
7:04 p.m. Chairman Drago presiding.
Boardmembers Present: Fernekes, Mullin, Penna,
Yee and Drago
Approval of the Minutes of the Special Meeting of
12/14/94. ~'/_6-.-~
ADJOURNMENT
RESPECTFULLY SUBMITTED,
Capital Improvements Financing Authority
City of South San Francisco
M/S Yee/Fernekes - To approve the Minutes of the
Special Meeting of 12/14/94.
Carried by majority voice vote, with Boardmember
Mullin abstaining.
M/S Fernekes/Yee - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:05 p.m.
APPROVED.
ck Drago, Chairm/an
apital Improvements Financing Authority
City of South San Francisco
The entries of this Agency meeting show the action taken by the Capital Improvements Financing Authority to dispose
of an item. Oral communications, arguments and comments are recorded on tape. The tape and documents related to
the items are on file in the Office of the City Clerk and are available for inspection, review and copying.
12/13/95
Page 1
Mayor Jack Drago
Council:
Joseph A. Fernekes
Eugene R. Mullin
John R. Penna
Robert Yee
MINUTES
City Council
Municipal Services Building
Community Room
December 13, 1995
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No.
1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
.--uperintendent of Streets - Tree Lighting Contest
ACTION TAKEN
7:39 p.m., Mayor Drago Presiding.
Council Present:
Council Absent:
Fernekes, Mullin, Penna, Yee and
Drago.
None.
The Pledge was recited.
Rev. Hubert L. Ivery, St. Paul's United Methodist
Church, gave the invocation.
PRESENTATIONS
Superintendent of Public Works White stated that
with the help of Dennis Crossland they made an
outline drawing of the tree on Sign Hill, passed out
over 2,000 copies of it to various schools in town
and got back almost 500 responses. Students col-
ored and designed the tree. One design was chosen,
which was unique. Then our electricians put the
strands on the tree on Sign Hill to make it look like
the design the child had drawn. They had a tree
lighting ceremony and the winner lit the tree and
that is the design on Sign Hill for everyone to enjoy
throughout the holiday season. He presented the ten
finalists with their drawings in a picture frame and
with a Certificate of Appreciation for their fine art
work and efforts: Melissa Pacheco - Mater
Dolorosa, Rachel Rameriz - Buri Buri, Jennifer
Gibbs - Martin, Angela Adams - St. Veronica,
Stephanie Blanch - Mater Dolorosa, Veronica Marti-
nez - Sunshine Gardens, Myriam Rodriquez - Park-
way, Tricia Baxter - St. Veronica, David Daneluz -
Sunshine Gardens, and the winner Mark Smyth -
Ponderosa. Mark Smyth was also presented with an
art kit and a gift certificate from Bronstein Music on
Grand Avenue. He thanked all who participated on
the program and the staff who helped make it hap-
pen.
12/13/95
Page 1
AGENDA _ACT!QN TAKEN
PRESENTATIONS
Consideration of Pasig City, Rizal, Philippines for Sister
City affiliation (Lucy deLuna and Harry Farmer) ~/,5'.~
PRESENTATIONS
Councilman Yee pointed out he read in the paper
that he was with the children when they lit up the
tree - yet he knew nothing about it. He would have
been there if he had known about it.
Superintendent of Public Works White stated the San
Mateo Times erroneously reported that Councilman
Yee was there.
Mayor Drago congratulated all of the finalists and
told them their artistic efforts were appreciated.
Harry Farmer, President of the S.S.F. Sister City
Committee, stated: they are proposing an affiliation
with the City of Pasig, which is a suburb of Manila
on Manila Bay; there are a large number of Pasig
City citizens who reside in S.S.F. and they have
come together in a large group to form an organiz-
ing committee for the Pasig City Committee, which
would be part of the Sister City Committee or Pro-
gram; present were the Vice Mayor of Pasig City
and two other emissaries to make a presentation to
the Council and stated comparisons between their
City and S.S.F.; his own general membership voted
to affiliate with them. He introduced Lorna Angel-
es-Bernardo, the Vice Mayor of the City of Pasig.
Lorna Angeles-Bernardo stated she was there to
express the desire of the people of Pasig to become
a Sister City and that their Mayor extended an invi-
tation to the City Council to come to Pasig. She
presented a profile of their City, stated Pasig is
becoming the most progressive economic center in
the Philippines and said she had a resolution estab-
lishing a Sister City relationship with the City of So.
San Francisco.
Mayor Drago stated: the Sister City group is not a
City Commission nor Agency, it is a group of pri-
vate residents of the City involved in international
relationships between cities; the City is only a
signatory to the agreement; there are rules that gov-
ern the relationship that the Sister City group en-
forces; when a City is formally recognized by our
City then our obligation is, on recognized visits
from that City, we have a welcoming ceremony at
City Hall, the City hosts a dinner for those delegates
and that is all the City does.
12/13/95
Page 2
AGENDA ACTION TAKEN
PRESENTATIONS
;uperintendent of Streets - Continued
AGENDA REVIEW
City Manager Wilson requested:
Remove Item No. 20, Closed Session, as it was premature
to report on the item at this time.
ORAL COMMUNICATIONS
COMMUNITY FORUM
PRESENTATIONS
Mayor Drago asked for two volunteers from the
City Council to act as an ad hoc committee to work
with the Sister City group. Councilmembers Penna
and Mullin volunteered to be on the committee.
Mayor Drago thanked the representatives of Pasig
for visiting the City.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Patricia Burke, 1700 El Camino Real, announced
she is again reporting on transportation but that her
interest in the City is considerably more than that
now. She attended a Peninsula Rail 2000 meeting
on Monday and the group was floored that their
names were mentioned as having had a part in the
Grand Jury's information about the extension of
CalTrain into San Francisco by Senator Kopp and
they had nothing to do with that report. She would
make available a copy of the Grand Jury's report if
needed.
COMMUNITY FORUM
Councilman Yee reported: he visited our Sister City
Atotonilco in Mexico, December 1 through 7, and
the Mayor of Atotonilco gave him a Princess Fiesta
De Lemone for placement in our curio cabinet; he
visited the orphanages and played Santa Claus with
the various gifts from the different departments of
our City; our Historical Society gave a video tape, a
history booklet and photos, which he gave to the
library in Atotonilco; our Conference Center gave
calendars and pencils; he presented an American
flag for their use; there was a cooking contest be-
tween Councilman Yee and the Mayor of Atotonilco
- the Mayor of Atotonilco won; they enjoyed the
salami from Vice Mayor Fernekes and the See's
candy from Pat Mattel; they dedicated a South San
Francisco Day; he enjoyed going there on behalf of
the City.
Councilman Mullin complimented the Old Town
Homeowners & Renters Association on their annual
12/13/95
Page 3
AGENDA A~TION TAKEN
COMMUNITY FORUM
Councilman Penna left the Meeting.
CONSENT CALENDAR
1. Motion to approve Minutes of the Regular Meeting of
7/26/95, Adjourned Regular Meeting of 7/27/95,
__ Special Meeting of 8/9/95, Regular Meeting of
8/9/95, Special Meeting of 9/13/95, Regular Meeting
of 9/13/95 and Special Meeting of 9/20/95.
2. Motion to confirm expense claims of 12/13/95. ~q'~9/_~
COMMUNITY FORUM
holiday party. There was a large group present,
there was great entertainment and it was a good and
well attended evening.
Mayor Drago asked if the P.G.&E. had a represen-
tative present.
City Manager Wilson stated that their Regional
Representative was planning on being there but was
reassigned to what they call their Storm Room,
which they are manning 24 hours a day. They sent
a fax stating they did lose service to 86,500 custom-
ers in this County alone - of those, 35,000 have
been restored and 51,501 have not been as of 2:00
p.m., December 12th. They indicated they are
trying to make all conditions as safe as possible and
now are going back and doing their restoration
effort. They said the worse case scenario is that
residents in the City could be without power until
late this week.
Discussion followed: Buri Buri in sections are still
without power; last year the P.G.&E. was slow in
response to the City and we received assurances this
would not happen again; this is the worst problem
this city has experienced; problems because of
down-sizing by P.G.&E.; show number of emer-
gency response teams they had in this City this year,
versus what they had last year, versus what they had
about five years ago; what is the status of correcting
the problems; what the problems are and when they
will be corrected; communications on a 1-800 num-
ber were set up but what they said was that Buri
Buri was not even on their list, even though there
are wires down on an easement; get in touch with
someone at P.G.&E. with authority; City Manager
Wilson to call Bonnie Wells of P.G.&E. directly.
Councilman Penna left the Meeting at 8:10 p.m.
CONSENT CALENDAR
Approved.
Approved in the amount of $4,086,882.84.
12/13/95
Page 4
AGENDA ACTION TAKEN
CONSENT CALENDAR
Motion to cancel the Regular Meeting of 12/27/95
due to the holidays.
4. Resolution of award of contract for a Quint type Fire
Apparatus to Simpson Ladder Towers, Inc. (High ./
Tech) in the amount of $527,310. ~-O q ~
A RESOLUTION AUTHORIZING AWARDING
THE PURCHASE OF A QUINT TYPE FIRE AP-
PARATUS TO SIMON LADDER TOWERS, INC.
OF EPHRATA, PENN. THROUGH IT'S VENDOR
HIGH TECH FIRE APPARATUS, INC. OF
OAKDALE, CA
o
Motion to set a Public Hearing date for 1/10/96 for
consideration of modification or revocation of the
Ling Nam Noodle House use permit UP-93-
939/Modl at 2211 Gellert Blvd. ~-~ B' ~
6. Resolution amending 94'95 CIP to add ADA upgrade
of City buildings, awarding design plans, specifica-
__ tions and cost estimates contract to Garcia/Wagner
Assoc. and authorizing call for bids at completion of
design.
A RESOLUTION AUTHORIZING AND AP-
PROVING AN AMENDMENT TO THE CAPITAL
IMPROVEMENT PROGRAM (NO. 95-21) TO
INCLUDE THE AMERICAN WITH DISABILITIES
ACT (ADA) FOR UPGRADING OF CITY BUILD-
INGS AT A COST OF $432,502 AND AUTHORIZ-
ING AND APPROVING AN AWARD OF CON-
TRACT TO GARCIA/WAGNER ASSOCIATES OF
SAN FRANCISCO FOR A FEE NOT TO EXCEED
$52,000 FOR THE PROJECT AND AUTHORIZING
ADVERTISING FOR CONSTRUCTION BIDS AT
COMPLETION OF THE DESIGN
Motion to accept the file the 1994-95 Annual Audit
and Comprehensive Annual Financial Report
(CAFR).
Motion to accept Phase VIII Aircraft Noise Insulation
Project as complete in accordance with the plans and
specifications. ,.6-Y,8'q
Resolution authorizing access to criminal history
information for employment, licensing or certification
purposes. ~ l,~3
CONSENT CALENDAR
So ordered.
RESOLUTION NO. 133-95
So ordered.
Removed for discussion by Councilman Mullin.
Removed for discussion by Councilman Yee.
Approved.
12/13/95
Page 5
AGENDA ACTION TAKEN
CONSENT CALENDAR
Resolution- Continued
A RESOLUTION AUTHORIZING ACCESS TO
SUMMARY CRIMINAL HISTORY INFORMA-
TION FOR EMPLOYMENT, LICENSING, OR
CERTIFICATION PURPOSES
10.
Resolution authorizing City Engineer to file applica-
tion for federal Enhancements program funding. 6-0
A RESOLUTION AUTHORIZING SUBMITTAL OF
A GRANT APPLICATION TO THE METROPOLI-
TAN TRANSPORTATION COMMISSION FOR
THE SPRUCE AVENUE INTERCONNECT, THE
CHESTNUT/GRAND AVENUES TRAFFIC SIG-
NAL IMPROVEMENTS AND THE AIR-
PORT/BAYSHORE HOOK RAMP PROJECTS
11. Resolution approving extension of and amendment to
City Manager's contract.
A RESOLUTION APPROVING AN EXTENSION
OF, AND AMENDMENT TO, THE EMPLOY-
MENT AGREEMENT WITH MICHAEL A. WIL-
SON TO SERVE AS CITY MANAGER OF THE
CITY OF SOUTH SAN FRANCISCO AND EX-
ECUTIVE DIRECTOR OF THE REDEVELOP-
MENT AGENCY
o
Resolution amending 94°95 CIP to add ADA upgrade
of City buildings, awarding design plans, specifica-
tions and cost estimates contract to Garcia/Wagner
Assoc. and authorizing call for bids at completion of
design.
A RESOLUTION AUTHORIZING AND AP-
PROVING AN AMENDMENT TO THE CAPITAL
IMPROVEMENT PROGRAM (NO. 95-21) TO IN-
CONSENT CALENDAR
RESOLUTION NO. 134-95
RESOLUTION NO. 135-95
RESOLUTION NO. 136-95
M/S Yee/Mullin - To approve the Consent Calendar
with the exception of items No. 1, 6 and 7.
Carried by majority voice vote.
M/S Yee/Fernekes - To approve Item No. 1 of the
Consent Calendar.
Carried by majority voice vote, with Councilman
Mullin abstaining.
Councilman Mullin questioned that the staff report
says the work must be completed by July 26, 1995
and asked if this was a required date or a target
date.
City Manager Wilson stated it was a target date
and we have been dealing with the representatives of
HUD, who find this transition program acceptable at
this time because of the effort we are making.
12/13/95
Page 6
AGENDA ACTION TAKEN
6. Resolution - Continued
CLUDE THE AMERICAN WITH DISABILITIES
ACT (ADA) FOR UPGRADING OF CITY BUILD-
INGS AT A COST OF $432,502 AND AUTHORIZ-
ING AND APPROVING AN AWARD OF CON-
TRACT TO GARCIA/WAGNER ASSOCIATES OF
SAN FRANCISCO FOR A FEE NOT TO EXCEED
$52,000 FOR THE PROJECT AND AUTHORIZING
ADVERTISING FOR CONSTRUCTION BIDS AT
COMPLETION OF THE DESIGN
Motion to accept the file the 1994-95 Annual Audit
and Comprehensive Annual Financial Report
(CAFR). b- ~
RECESS:
Councilman Penna returned to the Podium.
RECALL TO ORDER:
PUBLIC HEARINGS
12. Public Hearing - update on status of recycling and
planned programs to meet State mandated goals and
to consider a request for an increase in rates and
__ charges collectible by the South San Francisco Scav-
enger Company; conduct Public Hearing; adopt reso-
lution authorizing a rate increase. ,5'2.9.'7
A RESOLUTION AUTHORIZING A SERVICE
Councilman Mullin questioned: are all the first
priorities designed to be finished by June of 1996;
do we string them out based on their priority and the
importance of the modifications to be made; reason
why modifications to elevators in City Hall are a
priority one, while modifications to elevators at
Magnolia Center are a priority two.
City Manager Wilson responded that all first priori-
ties are designed to be finished by June of 1996, we
string them out based on their priority and, regard-
ing the elevators, they may be different types of
elevators and he would research the issue.
M/S Mullin/Yee - To adopt the resolution.
RESOLUTION NO. 137-95
Carried by majority voice vote.
Councilman Yee pointed out there is a management
letter prepared by the auditor pointing out how to
improve the efficiency and tighten the department.
He wanted to have a date by which these things
would be done.
City Manager Wilson stated the Finance Director
indicated this would be ready by next month.
M/S - Yee/Fernekes - To approve Item No. 7.
Carried by majority voice vote.
Mayor Drago declared a recess at 8:21 p.m.
Councilman Penna returned to the Podium at 8:29
p.m.
Mayor Drago recalled the Meeting to order at 8:29
p.m., all Council present.
PUBLIC HEARINGS
Solid Waste Coordinator Reider announced the
presentation would be in two parts - an overview of
existing and planned recycling programs to meet the
State adopted public policy to reduce waste, given
by herself and Stephanie Uccelli of the So. San
Francisco Scavenger Co., and the second part, by
Dir. of Finance Brooks, on the recommendations
from the rate review: in 1989 AB 939 was imple-
12/13/95
Page 7
PUBLIC HEARINGS
2. Public Hearing - Continued
RATE INCREASE OF 10.57% FOR EACH OF THE
FOLLOWING TWO YEARS FOR SOUTH SAN
FRANCISCO SCAVENGER COMPANY, IN-
CREASING THE PER CAN COST FOR THE SEC-
OND GARBAGE CAN FOR WHICH DISPOSAL IS
REQUESTED, AND AUTHORIZING AN ANNUAL
RATE REVIEW
PUBLIC HEARINGS
mented; all cities and counties in California must
reduce amount of waste delivered to the landfill by
25% by the end of this year and by 50% in the year
2000; California Integrated Waste Management
Board was developed to insure that all cities and
counties comply with the law; the commercial sector
has to be targeted, which generates 70% of the
garbage, in order to reach the 50% goal; in 1990 the
City's recycling and diversion rate was estimated to
be at 11%; total amount of waste disposed of in
1990 by sector totaled 84,000 tons; in 1995 it is
estimated the Scavenger Co. will deliver approxi-
mately 65,000 tons to the landfill; paper is the larg-
est component in the waste stream, plastics in the
commercial sector is pretty high and other organics,
comprised of food and wood waste, are pretty high;
one mandate of AB 939 was to perform four survey
weeks to measure the amount of garbage disposed of
at the landfill and to compare it to the 1990 baseline
number; first two survey weeks show very high
numbers by self haulers; calculate what would be
typical disposal numbers, excluding the self hauler
numbers; our diversion rate is estimated at some-
where around 25%; final calculation will be per-
formed once they get the final two survey weeks;
they reviewed existing and planned programs to
meet the State mandate; they work closely on plan-
ning and implementing programs and cooperatively
produce educational materials; planning is also done
in cooperation with the other two Cities the Scaven-
ger Company services - Brisbane and Millbrae,
which provides cost and collection efficiencies;
implementing recycling programs and what is in-
volved, based on what is in our waste streams and
available markets to purchase and turn the materials
into new products; implementation can be expensive
but can be partly offset by reduced disposal costs
and by the sale of recyclable materials; they esti-
mate, in the last year, the avoided disposal cost, due
to the reduction of garbage delivered to the landfill,
saved approximately $1,000,000; recyclables go
through many processes before being turned into
new products; costs for recycling programs can be
expected to increase over time as new programs are
put in place; need to increase education to communi-
ty on why important to participate in programs and
opportunities available to reduce waste and recycle;
will periodically inform on status of programs and to
measure progress of meeting State goals.
12/13/95
Page 8
A~ENDA A~TION TAKEN
PUBLIC HEARINGS
2. Public Hearing - Continued
(Cassette No, 2)
PUBLIC HEARINGS
Ms. Stephanie Uccelli described collection programs
that were already implemented to comply with ABA
939: prices for recyclable materials are continuous-
ly fluctuating; the programs were implemented
because the materials have a value; programs cost
money, because of the labor involved in the physical
collection of materials and in their preparation for
market; customers have received notification of
programs; other programs are yet to come on line.
Solid Waste Coordinator Reider discussed some of
the promotional activities that will occur: coopera-
tive efforts of the Scavenger Company will continue
to educate residents on waste prevention and recy-
cling opportunities; press releases, ads in local
papers, direct mailers, newsletters and Christmas
Tree Brochure; public service announcements will
continue to air and new ones will be developed;
County's Backyard Composting Bin Program will
continue to be publicized; Reuse Program work-
shops; Backyard Composting workshops.
Ms. Stephanie Uccelli described the household
hazardous waste collection programs: transfer sta-
tion collects automobile batteries and was expanded
to collect household batteries, motor oil, latex paints
and anti-freeze; quarterly household hazardous waste
clean-up events; household hazardous waste diver-
sion does not count towards the City's overall diver-
sion rate but is an element required by the State.
Solid Waste Coordinator Reider discussed the pro-
motional activities: drop-off program at transfer
station for recyclable household and hazardous waste
will be advertised through ads, through other means
and with educational materials; County's Guide on
Proper Disposal and Recycling will continue to be
distributed; will offer household hazardous waste
education and alternatives workshops.
Ms. Stephanie Uccelli spoke on commercial recy-
cling collection programs: contains number of
facets in order to divert the amounts of materials
necessary to reach State mandated goal; Commercial
waste stream must be approached from a number of
different avenues and it comprises a majority of the
waste stream; commingled, semi-commingled and
source separated recycling programs will be contin-
ued where reduced rates will be offered, where
12/13/95
Page 9
PUBLIC HEARINGS
2. Public Hearing - Continued
12/13/95
Page 10
PUBLIC HEARINGS
feasible, and payment made, where possible; co-op
recycling for business "strip" areas will be examined
and containers placed where feasible; high recycla-
ble content, special materials marketing and materi-
als exchange programs will be done where possible;
businesses will continue to be approached through a
variety of written literature, telephone calls and on-
site visits; mixed waste processing occurs to some
degree presently; continue examining garbage
routes to collect only "dry" garbage in order to
facilitate additional amounts of this mixed waste
processing; wood recycling and the marketing of
wood as alternate daily cover will be maximized to
the fullest extent possible.
Solid Waste Coordinator Reider explained the tech-
nical assistance program: assists businesses in re-
ducing waste and setting up and expanding recycling
programs; waste assessments are conducted for
businesses who want first hand assistance; other
businesses helped through informational mailings
and over the phone; workshop for hotels, motels and
restaurants held at the Conference Center; other
programs include the program for City departments,
the program for schools and the Market Develop-
ment Program.
Dir. of Finance Brooks addressed the rate increase
for the refuse collection. He reviewed the Franchise
Agreement with the So. San Francisco Scavenger
Company: entered into in 1990 and will expire in
2001; six years left on agreement; provides for an
operating ratio of 90%; agreement has a stipulation
that there is a balancing account - if the Scavenger
Company earns more than 10%, a credit goes into
the account to be applied against future rate increas-
es, however, if the Scavenger Company earns less
than 10%, the amount will also be put into the
account as a credit and it will have to be recovered
in future years of the agreement; since 1990 the
Scavenger Company has lost approximately $1.9
million, which is in the balancing account and needs
to be recovered in terms of rate increases. He dis-
cussed the original rate increases proposed by the
Scavenger Company: original rate increase was
27.6% on the next two years, comprised of the
balancing account and 15.49[ of the points were for
recovery on dump fees; operating expenses are also
in the hole and to put them whole by 1997 they
PUBLIC HEARINGS
2. Public Hearing - Continued
12113/95
Page 11
PUBLIC HEARINGS
were asking for another 4.5 points out of the 27.6%;
additional costs of recycling caused expenses to be
in the hole; request would have provided $4.5 mil-
lion to the Scavenger Company; the auditors re-
viewed the request and found a reasonable increase
would be 25.3% and the Scavenger Company did
acquiesce to a reduction to 25.3%, which is still
recovering the balancing account over a two year
period - this would recover 100% of the balancing
account and make the operation profitable.
He explained staff's recommendation and the meth-
odology proposed for implementing the increase:
staff and City Manager proposed taking the balanc-
ing account and recovering it over the six year life
remaining on the franchise instead of doing it in
two; have a 10.57% increase in the first year fol-
lowed by a 10.57% increase in the second year;
would recover $322,000 per year against the bal-
ancing account plus also provide approximately $2.2
million in operating revenues to the Scavenger Com-
pany to offset expenses they are incurring both at
the dump and in the recycling programs; this is an
increase of 3-%¢ on the current per gallon rate and
an increase on the majority of users of the garbage
collection service of about 92¢ each, per month, per
can. He displayed an overhead showing a breakout
of the types of services the Scavenger Company will
be presenting to the City and its customers: 30 gal.
cans represent 35% of their business; 32 gal. cans
represent 38% of the business; these two rates go up
about $1.06 and $.88; 20 gal. cans for senior citi-
zens comprise 3.5% of their business; the less than
10% of customers who put out a second, third or
fourth can will see substantial increases in their
rates; idea is to increase recycling and decrease
amount of refuse put out in the garbage cans; the
additional cans are discounted about 25% in the first
year and then come up to an equal price in the
second year; most other rates are at a 10.57% in-
crease in each year; increase would be retroactive to
November 1, 1995, would be 10.575 in each year
and would have a graduated increase in additional
can charges to encourage recycling; will review the
rate results next fall to ascertain if the results are in
line with what we think they will be; hope that the
recycling programs will be impacted by the rate
increases and also serve to get at the 50% rate at the
year 2000; Blue Line study was done earlier this
AGENDA ACT!_ON TAKEN
PUBLIC HEARING
2. Public Hearing - Continued
PUBLIC HEARINGS
year in which 59 cities were surveyed in San Mateo
County - in the Bay Area the single can average rate
was $15.41.
Councilman Yee questioned why the 20 gal. can
price was only extended to senior citizens, he felt
this should be available to any resident. He stated if
they split the total increase into two years only one
third of the balance account is made up and won-
dered when the other two thirds would be made up.
Dir. of Finance Brooks stated the other two thirds
would be amortized over the other four years that
remain in the franchise agreement.
City Manager Wilson related when you appreciate
the larger concept, the State public policy of recy-
cling, recycling is a more costly endeavor than land
filling. This is an expensive public policy and the
community should be aware there will be a gradual
increase unless the demand for the product goes up
higher. He stated Councilman Yee's observation
was correct. They decided amortizing that cost
should be more of a gradual impact to the commu-
nity than a shock impact and would also expect
some additional increases tied to recycling efforts to
reach the 50% objective.
Councilman Yee stated he thought citizens would
like to see a low rate or no increase, at least that
should be the objective. He felt we should start
negotiating with the current franchisee to see if we
can incorporate or redo the new franchise agreement
so that the public could benefit. He wants to find a
way to keep the rate as low as we can and not keep
increasing it every year.
Councilman Mullin asked if staff was saying that the
10+ % increase for next year and the year following
will then be followed by similar increases each year
or if staff was saying that the increase for those two
years will generate, over the six year period, if all
things stay equal, enough to bring the balancing
account back into balance.
City Manager Wilson stated they anticipate addi-
tional increases, however, this rate, part of the
percentage, is to bring that account into balance.
12/13/95
Page 12
AGENDA ACTION TAKEN
PUBLIC HEARINGS
2. Public Hearing - Continued
PUBLIC HEARINGS
Councilman Mullin stated that does not take into
account what appear to be dramatic increases at Ox
Mountain - a 50% bump. He asked, regarding the
operation at Ox Mountain, if we could anticipate
whether this was a one time hit to encourage recy-
cling or whether there will be ongoing increases and
what we could do about this.
City Manager Wilson stated he understands BFI,
who is the operator of Ox Mountain, negotiated with
the County for that immediate, large bump increase.
It was predicated on a lot of investment they had to
make to satisfy State law as far as dumps go. Cities
told the County they thought there should be greater
information and participation in the rate setting.
County Manager's Office seemed receptive to that
and a committee has been set aside to review future
rates. Alternate sites have been explored.
Councilman Mullin asked if the 10% guaranteed
profit was an industry standard.
City Manager Wilson stated it is the franchise stan-
dard for this City, various franchises have different
amounts, some get away from the "PUC mentality"
and there are other methodologies that could be
employed in a new franchise document. AB 939 is
clearly an unfunded State mandate.
Councilman Fernekes questioned if the majority of
the rate increases were a result of the one State man-
date.
City Manager Wilson stated the vast majority of the
rate increase is tied to two items - AB 939, which is
the recycling/diversion standard, and because of
enhanced standards at dump sites.
Mayor Drago opened the Public Hearing for public
comment. There was no public comment on the
item and Mayor Drago closed the Public Hearing.
Councilman Yee asked that the 20 gal. rate be avail-
able to the general public rather than just senior
citizens. The Scavenger Company agreed to this
change.
There was discussion on pilferage of aluminum cans
prior to the Scavenger Company collecting the
12/13/95
Page 13
PUBLIC HEARINGS
2. Public Hearing - Continued
RECESS:
RECALL TO ORDER:
12/13/95
Page 14
ACIIQ_N TAKEN
PUBLIC HEARINGS
recyclables and how this effects rates.' This does
impact the rates and Council will be approached
regarding problem issues and potential service
changes.
Councilman Yee wanted staff to work with the
Scavenger Company to look at the agreement and
make the rates more reasonable from here on rather
than waiting to the year 2000, because, the way we
are going, for the next two years we are only going
to recoup about $300,000, we still have about
$900,000 in the balance account and there is no way
we can catch up. He wants to redo the agreement
and have some guarantees in the rate structure.
Mayor Drago asked the negotiators for the Scaven-
ger Company if they could give a definite yes on the
20 gal. can for any resident and they agreed. He
ascertained we do a rate review every year and an
audit every other year and there was discussion on
how to implement Councilman Yee's suggestion.
City Manager Wilson recommended adopting the
resolution as presented then follow Councilman
Yee's suggestion and open up negotiations and, if a
new franchise with a new structure is reached, then
come back to supersede this action.
M/S - Yee/Fernekes - To adopt the resolution, with
Exhibit E, with the understanding that the 20 gal.
can would be available to all citizens of the com-
munity.
RESOLUTION NO. 138-95
Carried by unanimous voice vote.
Mayor Drago declared a recess at 9:30 p.m.
Mayor Drago recalled the Meeting to order at 9:34
p.m., all Council present.
Mayor Drago introduced a surprise visitor, State
Senator Kopp.
Senator Kopp stated legislature reconvenes for the
1994/95/96 session and wanted to forecast that the
budget deliberations may be less vexatious this year
if prosperity continues to bring in more tax money
AGENDA
ACTION TAKEN
PUBLIC HEARINGS
13. Public Hearing - consider granting a request for
"reasonable accommodation" to allow a residential
living facility for up to 4 adults (including the on-site
manager) and 4 children at 18 Leo Circle, in a Single
Family Residential District (R-l-D-P) where no more
than six persons are normally allowed for a similar
use in this district; conduct Public Hearing; Motion to
~ grant "reasonable accommodation". ~0'~'
than was predicated as part of the budget. Income
and sales tax collections for the first quarter were
almost $700 million more than forecast and, if this
continues, the fear of diversions of money from
local governments will abate and you won't have to
worry about money being taken for the school dis-
tricts or money being taken for some other purposes
to balance the budget. He stated, regarding the
recycling being an unfunded mandate, part of that
deals with not only the fact of pending Bill ACA9,
but also the political complexion of the legislature.
This portends to him that ACA9 will probably get
out of the Assembly. Basically, the Bill is another
effort to strengthen the requirement of providing
money any time a mandate is enacted. He stated
what he thought would happen in the Senate with
that Bill and other parts of what will probably be the
Assembly, Republican agenda: changing of the laws
on legal liability, which is probably a popular favor-
ite with local governments, since local governments
usually are defendants rather than plaintiffs; reduc-
ing some environmental regulations and some of the
Medical programs, like the optional benefits; chang-
ing more of the welfare programs over which the
State still has jurisdiction or power, like AFDC;
these kinds of measures will collide in the Senate
because the Democrats in the Senate have 21 and
will have 22 probably by the end of March. The
third factor is the Governor, who now has the time
to concentrate on State issues. Ordinarily one would
predict compromise in these circumstances but he
didn't know if this is predictable, because of the
pent-up resentment in the Assembly over having
been thwarted this year in having all of its policy
issues passed. He invited recommendations, inqui-
ries or comments during the year and expressed
wishes for a happy holiday season.
PUBLIC HEARINGS
Mayor Drago opened the Public Hearing.
Chief Planner Solomon stated: the Women's Reha-
bilitation Association has currently been operating a
group care facility at 18 Leo Circle for three quar-
ters of a year; size of current use allows it to oper-
ate without City approval under State law; they
wish to expand the use slightly, which makes it
subject to City review and approval; normally a
group care facility over six persons is not permitted
in the single family zoning district; recent court
12/13/95
Page 15
A~ENDA
PUBLIC HEARINGS
Public Hearing - Continuexl
ACTION TAKEN
PUBLIC HEARINGS
cases on fair housing over six persons is not permit-
ted in the single family zoning district; recent court
cases on fair housing law obligate the City to make
"reasonable accommodation" for certain types of
uses, including this one; this is a new process for
the Planning Department; they have been advised to
treat this matter similarly to a use permit to be heard
by Council; adjoining property owners have been
noticed and staff has prepared findings and condi-
tions of approval for Council's consideration; use is
a supervised, residential care facility, currently with
three adults and three children and WRA wants to
increase the operation by including an additional
child and a supervisor, for a total of four adults and
four children; zoning issues are related to parking;
proposed number of bedrooms, five, would normally
require additional parking but, since residents are
not allowed to use a car, the only vehicles at the site
will be a van and possibly the supervisor's car; staff
is suggesting a condition that a fifth bedroom be
eliminated when this use ceases to be at this resi-
dence, because City records do not reflect the fifth
bedroom - which would have required an additional
parking place; neither the police nor fire depart-
ments report any problems with the existing opera-
tion; use will have 24 hour supervision; because use
will not apparently have a significant impact on this
single family neighborhood, staff is recommending
Council grant request, subject to the proposed condi-
tions of approval. He stated Linda Carlson, Execu-
tive Dir., WRA, was present.
Mr. Steve Low, 30 Leo Circle, was against the
increase. He was not aware the house was used for
that type of facility. He has lived in his house for
17 years. He has talked to his neighbors and they
don't want the increase either.
Mr. David Raleigh, 70 Leo Circle, opposes the
facility and had two concerns; granting the request
to allow a residential living facility and increasing
the number of occupants to nine, which is four
adults, four children and one on-site manager -
where no more than six persons are normally al-
lowed. He has lived at the location for 15 years.
Neither he nor any of his neighbors were notified of
a request to allow a residential living facility. There
will be increased vehicles without adequate garage
space, which means they will be on the street.
12/13/95
Page 16
AQENDA
PUBLIC HEARINGS
3. Public Hearing - Continued
A~!!Q~ TAKEN
3Z
PUBLIC HEARINGS
Visitors of the facility are sleeping in their cars
overnight, on the street, which he has witnessed
personally on at least one occasion. He is concerned
about transitory neighbors, with regard to owner-
ship, maintenance and building value - predicated on
a lack of monitory investment in the property by the
residents of the facility.
Mr. Leo Padreddii, 74 Leo Circle, spoke against the
project, he has lived there since the homes were
built. They were never notified of the existing use.
It is being used as a transit house, people living
there are there from two weeks to six months.
There is an average of three to six cars there all the
time, usually at least two in the driveway and three
in the street. Last month there were two vehicles
there with six occupants living in them. They were
eating junk food, with everything being thrown out
the window to the street and sidewalk. There is a
15 ft. planter area with a few trees and about six
months ago there were children there from the facili-
ty and they literally destroyed almost every tree on
the block. They rolled big boulders down the 30' or
40' hill to the street, about 40 or 50 of them, some
of them hit parked cars and he yelled at the chil-
dren, who were not supervised by the residents of
the facility. They dump transmissions, oil cans,
beer bottles and cans, boxes, wood, two years in a
row an old Christmas tree and old tires directly
across from that house, it's like the So. San Fran-
cisco dump is there. He didn't feel it is legal for
this type of an operation in that unit. In December
of 1977 the official records, the Declaration of
Covenants, Conditions and Restrictions, say the unit
is a dwelling designed for residential use by one
family only, for residential purposes only not any
hospital, sanitorium or institution for like or kindred
nature. The units are all just four bedroom homes
and, if they have five bedrooms, this means they
have an illegal unit. Having transient people in a
unit in that neighborhood increases the chances of a
burglary by 50%, as there is no security in the back
of their homes - it's all closed in.
Mayor Drago closed the Public Hearing.
Councilman Mullin stated Mr. Padreddii cited their
CC&R's, which seem to exclude this type of a use
and asked if there is a conflict between the CC&R's
12/13/95
Page 17
A~ENDA
PUBLIC HEARINGS
3. Public Hearing - Continued
AC!IQ_N TAKEN
33
PUBLIC HEARINGS
and the State law that allows this type of use.
City Attorney Mattas stated State law requires cities
treat single family residential units with six or fewer
people as single family units, so you cannot distin-
guish between types of uses going in, as long as
they are residential in character. He stated that
action of Council would not be to consider whether
or not any type of use could go in there but whether
the expanded use is permissible there as a "reason-
able accommodation". Regarding the CC&R's
themselves, the only Supreme Court case on point is
the Edmonds case, which is what is the basis of this
request for "reasonable accommodation", it was
directed at the Fair Housing Act and was a city
attempting to come within a regulation, so they were
not asked to address the issue of preexisting
CC&R's. He was not in a position that night to
advise Council as to whether or not the neighbor-
hood would have their own, separate cause of ac-
tion. He advised Council that they could not rely on
the CC&R's as a basis for denial.
Councilman Mullin asked for an identification of
people with substance abuse.
City Attorney Mattas stated it is a combination. The
specific "reasonable accommodation" being request-
ed is not under the ADA, it is under the Fair Hous-
ing Act. The Fair Housing Act and ADA use very
similar statutory definitions. A recovering substance
abuser is a person protected under the ADA and is a
person identified as disabled under the Fair Housing
Act.
Councilman Mullin asked what the type of occupan-
cy was before this use and if it was under the gen-
eral classification of transitory.
Ms. Linda Carlson stated 18 Leo Circle has been a
County funded program since April, but they have
utilized that site as a residential, transitional home
for recovering substance abusers for approximately
five years. Other rehabilitation facilities and busi-
nesses have utilized it in the past. They are licensed
by the State of California and are not only mandated
by the State to be licensed but also because it is a
County funded program they are also under their
policies and regulations. The WRA has been oper-
12/13/95
Page 18
A~ENDA ACTION TAKEN
pUBLIC HEARINGS
3. Public Hearing - Continued
12/13/95
Page 19
PUBLIC HEARINGS
ating women's residential programs since 1970.
They are looking at the possibility of expanding for
one child. They are licensed for children five years
and under. The minimum length of stay in the
program is 90 days to one year. The program is
supervised 24 hours a day by staff, seven days a
week.
Councilman Yee asked if the comments by the
neighbors indicating that there are too many cars,
there is trash etc. were true.
Ms. Linda Carlson stated to her knowledge this was
not true. Residents are not allowed to have an
automobile. This site has a vehicle that transports
the residents and children to their counselling center
every day from 12:30 to 4:30 to their Burlingame
site, so they are not in the home five days a week.
They have visitors on Sundays. She has never had
any reports in the five years they have been there
from any of the community or staff that there are
people sleeping in cars, throwing trash etc.
Discussion followed: when women come into the
program they are free from substances the entire
time they are in the program; they are discharged
based on criteria; these are women who have chil-
dren who have been on substance abuse but who are
off and are reprogramming themselves for the work
place; the facility is checked by the organization
frequently; the property is owned privately by Laila
Tannous and she has leased it to the organization for
close to five years; police do not recall any record
of problems on Leo Circle but no list of phone calls
for service at that address was run.
Councilman Yee asked the possibility of postponing
the item to the next meeting in order to obtain more
information. Discussion followed that more infor-
mation from the police department was needed, the
site should be visited and that the delay would not
cause a problem, so long as we are not unreasonable
in the delay.
M/S Yee/Penna - To continue the item to the Janu-
ary 10, 1996 meeting.
Carried by unanimous voice vote.
AGENDA ACTIQN TAKEN
PUBLIC HEARINGS
.4.
Public Hearing - abandonment of Kauffmann Court
and adjacent 5' wide public utility easement; conduct
Public Hearing; adopt resolution - continued from
10/25/95 and a request for the item to be continued
again. ,5'0 ~ t9
A RESOLUTION AUTHORIZING THE VACA-
TION OF KAUFFMANN COURT AND AN AD-
JACENT 5' WIDE PUBLIC UTILITY EASEMENT,
WITHIN THE CITY OF SOUTH SAN FRANCISCO
15. Public Hearing - appeal of Planning Commission
_ decision to deny modification of PUD-95-46 to allow
a patio enclosure to encroach in the rear yard; con-
duct Public Hearing; Motion to deny the appeal and
uphold the decision of the Planning Commission -
continued from 10/25/95. ,5'o .fi-co
v,., 35
PUBLIC HEARINGS
M/S Fernekes/Penna - To continue the item to com-
ply with the applicant's request.
Carried by unanimous voice vote.
Councilman Yee stated he understood the reason for
the continuance was because the Planning
Commission did not have a quorum. Discussion
followed: the Planning Commission did not have a
quorum two meetings ago, they had a quorum and
took action at the meeting of last Thursday night but
staff did not have time to prepare the staff report;
staff should know whether or not there will be a
quorum - it doesn't make sense for people to go
there and find there is no meeting; have the Plan-
ning Commissioners call if they cannot attend; plan
on a joint meeting with the Planning Commission
right after the first of the year to discuss some of the
problems.
Mayor Drago re-opened the Public Hearing.
Interim Dir. Econ. & Comm. Dev. Beyer stated that
several questions from the October 25, 1995 meeting
were addressed in the staff report. There are two
issues for consideration relative to the appeal: one
issue is whether or not a patio cover can legally be
constructed in the zone or PUD - the answer is yes;
the ordinance requires a 15' setback between the
rear of the residence and the rear property line; can
be a patio cover or enclosure, but it can only cover
5' into the 15' rear yard setback; it provides for a
minimum rear yard of 10'; the applicant's patio
enclosure goes approximately 12' into the setback
and leaves only 3' from it to the property line; also
encroaches on the side yard setback, where the
minimum is 3', by about 1-%'; and the other issue
is that, because it is a PUD, any action to change
the standards, if this were to be approved or if the
change be approved, would also effect approximate-
ly 116 other units in that same PUD, because the
standards would then be reflective on the other
parcels as well; there is a potential it could also
effect a number of other units within the
Westborough Townhome Overlay District, which
would include this area.
City Manager Wilson stated Code Enforcement
received an anonymous complaint that a neighbor
12/13/95
Page 20
A~ENDA
PUBLIC HEARINGS
5. Public Hearing - Continued
(Cassette No. 3)
12/13/95
Page 21
ACTION TAKEN
36
PUBLIC HEARINGS
had constructed this room, we were going through a
remodeling at that time and the item got lost. It was
rediscovered and a communication went to the prop-
erty. The property owner responded back to the
City and we explained what the dilemma was about
a constructed structure without Code Enforcement -
so we were not sure whether it was structurally
appropriate or if it met the zoning codes. After
review, it was suggested it exceeded what the zoning
code would allow. Before a building inspection was
done they needed to find out what the Council
would allow. Council requested the City go there,
review it and take a physical look. This was done
by the Fire Department and Building Inspection.
The Building Inspector found it could be converted
simply into an enclosed patio, a non-habitable space,
where you could have heating and that the room was
being used as a recreational workout room. The
Inspector found, if this is going to be an acceptable
use, the room could be brought to code by minor
modifications and modest cost. The Fire Depart-
ment looked at it as an individual structure and to
see, if it set a precedent, if it would cause a dilem-
ma regarding fire fighting and safety issues. Their
opinion was, if built to code, it would not cause any
great hazard. The issue now is whether or not that
space would be appropriate to be enclosed or not
enclosed.
Councilman Yee asked if Council approved the
space to be enclosed then could every other property
in that specified area get a similar use.
Discussion followed: the PUD was planned to
accommodate the concept of having private open
space in addition to the public open space; to ac-
commodate existing law it would have to be cut
back to comply with setbacks or be totally removed.
Mr. Rodolfo Julao, 3906 Savannah Court, owner
and applicant, stated there was a list of neighbors
who approved the existence of the patio and he also
brought a couple of neighbors to assist in getting
approval of the modification. At the last meeting,
prior Mayor Yee recommended the City Manager
help him modify the patio, not remove it or cut it
down, and the then Vice Mayor Drago's major
concern was about it being a fire hazard. On No-
vember 7th the Fire Department came to the house
A~ENDA
PUBLIC HEARINGS
5. Public Hearing - Continued
AC!!QN TAKEN
o,.. 37
PUBLIC HEARINGS
and did the inspection. The Planning Department
did not come to inspect the place. Five deficiencies
were shown as needing to be corrected and they are
just minor. Once done there will be no Fire or
Building concerns. He is ready to begin compli-
ance. He stated the recommendation on the staff
report of 12/13/95 was to uphold the application
appeal subject to guidelines and findings.
Mayor Drago asked if he was saying that the
building, as it exists now, is not a fire hazard to the
main structure itself.
City Manager Wilson stated the Fire Marshall indi-
cated, because it is within the 3' setback, it would
require a 1-hour fire wall and the owner would have
to remove the siding, clad it and then reinstall the
siding.
Mr. Julao stated that in the Conditions Of Approval
it says the addition must meet the UBC requirements
within six months and asked when the time starts to
run.
City Manager Wilson stated the confusion was that
if Council agrees to modify the standards within that
PUD then, once in place, the City would be working
with the applicant to bring the building up to code.
If the planning standard is not modified, then the
applicant would be facing a reduction in the size of
or removal of structure.
Mr. Julao stated at the last meeting it was said the
Council would set up the standard and tho setback
was not a major issue at that time since this is a
PUD.
City Manager Wilson stated the standard is a major
item. It is a standard that has been adopted and the
question is whether it's going to be modified.
Mr. Van Ocampo, 3900 Savannah Ct., stated he is
the next door neighbor. He said that even though,
in the space between the garage and the house, you
are allowed to build a single story addition very few
actually have that. Regarding impact, whether in
the front or in the back, it doesn't make a differ-
ence. 360 days per year it is foggy, cold or windy
in their community, you cannot even have a barbe-
12/13/95
Page 22
A~ENDA ACTION TAKEN
PUBLIC HEARINGS
5. Public Hearing - Continued
12/13/95
Page 23
PUBLIC HEARINGS
cue outside and asked Council to please let the
applicant use the enclosure. He commented on the
anonymous complaint of three years ago and asked,
if it is such a fire hazard, why has it taken staff so
long to sort out the paperwork. He asked why
recommendations in the staff report say to uphold
the appeal.
Interim Dir. of Econ. & Comm. Dev. Beyer ex-
plained the differences between the recommendations
on the Agenda and in the staff report. He stated this
staff report is different than that originally provided
to accommodate the two options for Council - to
deny the appeal or to approve it according to that
condition or make modifications to some other
standard.
Mayor Drago asked if the Planning Commission was
aware, when they made their denial, that a modifi-
cation could be made at a moderate cost to make the
structure legal.
Interim Dir. of Econ. & Comm. Dev. Beyer an-
swered that would bring it into compliance with the
Building Code. The Planning Commission had a lot
of discussion on the rear yard setback.
Discussion followed: A Building Inspector was not
even sent up to the site until they had to answer
Council inquiries, because they were focusing on
whether it would be a permitted activity before they
determined if it were structurally sound or appropri-
ate; Planning Commission denied it because they felt
it was not an appropriate land use; land use and
what the Ordinance says the land is to be used for;
building regulations and public safety.
Mr. Julao stated that in the area you are allowed a
one story addition. There are areas where they have
built an enclosure of two stories and asked if anyone
has looked at those. There are plenty of patios out
there that have been built not to specification and if
this one is turned down Mr. Julao wanted the others
to be refused.
Mayor Drago closed the Public Hearing.
Discussion followed: public open space and private
open space; two private open spaces - between the
AQENDA A~I!QN TAKEN
PUBLIC HEARINGS
5. Public Hearing - Continued
16. Public Hearing - appeal of 2 Planning Commission
conditions for UP-95-997 to allow 24 hour truck
fueling station with scales, washing and parking
facilities and an automobile gasoline station including
a convenience store with drive-up fast food service;
conduct Public Hearing; Motion to deny appeal and
~o ~o
12/13/95
Page 24
PUBLIC HEARINGS
garage and the main dwelling and the space between
the main dwelling and the public open space; devel-
opment allowed between the garage and the main
structure but not in the 15' rear yard setback;
Westborough area has a weather problem; when the
PUD was created Planning Commission felt there
should be private open space, exclusive of the area
between the garage and the house; not only has this
applicant illegally built into that area but others also
have; Council presented all people who bought
homes in the PUD with the assumption that the
standards set for the 117 units, plus other areas,
would be adhered to, there would be uniformity and
n6 dramatic changes; although this is the best of the
illegal buildings in the rear area, what do you tell
the other people who have followed the rules;
changes should only be made if they enhance or
improve the area - these illegal uses do not; weather
in Westborough has always been this way; rules or
CC&R's the Association has to follow; send it back
to the Planning Commission to see if there is a way
where the encroachment into the rear yard area
could be accomplished; appeal would have to be
denied and then sent back to the Planning Commis-
sion to review the PUD status.
M/S Yee/Penna - To allow a structure into the rear
yard and side yard setback, direct the Planning
Commission to draft standards that could be used to
modify this PUD so that the same standards would
apply to all residences in that PUD district and
direct staff to suspend enforcement of this particular
action pending resolution on that PUD modification.
Denied by majority roll call vote, Councilmembers
Penna and Yee voted yes.
M/S Mullin/Fernekes - To deny the appeal, and
findings for denial are Exhibit 1.
Carried by majority roll call vote, Councilmembers
Penna and Yee voted no.
Mayor Drago opened the Public Hearing.
Chief Planner Solomon related: Olympian Oil had
appealed several conditions of the use permit; use
similar to that on an adjoining property; the two
issues in original appeal have been resolved; two
A~ENDA
PUBLIC HEARINGS
fi. Pubic Hearing - Continued
uphold the decision of the Planning Commission.
12/13/95
Page 25
A~TION TAKEN
4O
PUBLIC HEARINGS
remaining items are a condition prohibiting sale of
alcoholic beverages at the mini-mart and the amount
of the Oyster Point Overpass Impact Fee; Police De-
partment included a request to prohibit the sale of
alcoholic beverages; there are no gas stations in the
City selling alcoholic beverages; applicant has ap-
pealed the amount of the Oyster Point calculation;
original amount was $226,000 and could be revised
to $189,000; Olympian Oil first suggested correct
amount should be $11,000 and later stated they
believed they owed no fee; recent approval by the
Planning Commission of a separate phase at the site
for the truck parking would increase the amount of
the fee by about $6,000; Engineering Division re-
viewed applicant's submittal and maintains the cor-
rect amount is the $189,000 fee; staff is recommend-
ing Council uphold the Commission's conditions for
the permit but that the amount of the Oyster Point
Fee be recalculated in the manner used in the Bay
Area/Diablo appeal of last month.
Councilman Penna stated at the last meeting they
reduced the amount of money for a new business
coming into town and didn't understand why this
applicant, who has an established business and is
just expanding on it, has to pay a fee.
Chief Planner Solomon stated any application for an
expansion that requires a use permit, that is trig-
gered by 100 cars per day, is subject to an addition-
al fee.
Discussion followed: their original contribution
would have been $226,076 but, because of an inter-
pretation of the formula on a similar permit, it was
reduced by 20% or more; if they were a warehouse
user or hotel and were increasing the size of the
warehouse or number of rooms we would not be in-
creasing their fee; no fee change if there are no
additional trips.
Mr. Fred Bertetta, Jr., President of Olympian Oil,
stated he was there to appeal the use permit condi-
tions. He presented a history of their business in
So. San Francisco, where it was born 41 years ago,
and of the project they are discussing on East Grand
Avenue, which they built 15 years ago. He an-
swered the questions and responded to the assump-
tions in the staff report: no new trips to the area
A~ENDA ACTION TAKEN
PUBLIC HEARINGS
6. Public Hearing - Continued
ADMINISTRATIVE BUSINESS
17.
Resolution authorizing budget transfer for removal
and disposal of hazardous materials, amending pur-
chase contract and authorizing staff to recover cost.
A RESOLUTION AUTHORIZING AND AP-
PROVING A TRANSFER OF $125,000 FROM THE
UNDESIGNATED GENERAL FUND TO THE
12/13/95
Page 26
PUBLIC HEARINGS
will be generated; competition from Bay Area Petro-
leum will capture a percentage of their business, so
they are forced to build a new facility to retain their
present business volume; a fifteen year old facility
cannot compete with a new facility; Bay Area can
gain from their business and because they belong to
a competing network; zoning changes impacted
them; Forbes Blvd., the extension of Harbor Blvd.,
on the north side of East Grand Ave., generates
much more traffic for Harbor than the Gateway
extension, north of East Grand Ave., does for Gate-
way; two studies he presented refute staff assump-
tions; they feel they should have the same treatment
Bay Area was given, with the same mini-mart with a
Subway fast food attachment, of zero; there business
will be shifted over to the new location to match the
competitive nature of the new facility on the other
side; they felt they should be given credit for 30
trucks and half of the car spaces Avis uses; the fee
for the parking should not be charged; they now
think 279 trips equals a contribution of $58,537.96.
Mayor Drago closed the Public Hearing.
Discussion followed: exceptions were granted to the
other oil company; Olympian Oil is paying more
than the other oil company; there will most likely
not be new trips but lost trips; no credit was given
for the Avis parking; Council adopted the formula
over ten years ago, staff has applied this to everyone
and there was never an appeal until two weeks ago;
need for a postponement, for staff and Olympian to
discuss the figures and for Council to review data;
formula should be reviewed.
M/S Yee/Fernekes - To continue the item to January
10, 1996.
Carried by unanimous voice vote.
ADMINISTRATIVE BUSINESS
Mayor Drago stated they had a problem last time
because the geological study made a recommenda-
tion and now they are in a bind with almost
$200,000. They are attempting to recover money
from the consultant service.
Discussion followed: agreement reached with Water
AfiENDA
ADMINISTRATIVE BUSINESS
7. Resolution - Continued
1994-1995 CAPITAL IMPROVEMENT PROGRAM
FOR CONSULTANT AND CONSTRUCTION SER-
VICES AND STAFF ADMINISTRATION AND
AMENDING THE CAPITAL IMPROVEMENT
PROGRAM (NO. 95-20) TO INCLUDE ADDI-
TIONAL SCOPE OF WORK AND AUTHORIZING
AMENDING A PURCHASE CONTRACT FOR
THE REFUSE REMOVAL IN AN ESTIMATED
AMOUNT OF $100,000 IN CONNECTION WITH
GULL DRIVE REFUSE REMOVAL
18.
Resolution approving transfer of Western TV Cable
franchise to Tele-Communications, Inc.
A RESOLUTION APPROVING TRANSFER OF
CABLE TELEVISION FRANCHISE FROM
CHRONICLE PUBLISHING COMPANY TO TELE-
COMMUNICATIONS, INC./TCI COMMUNICA-
TIONS, INC.
ACIIQ_N TAKEN
O. 42
ADMINISTRATIVE BUSINESS
Quality and methodology to correct the problem;
doing initial research on exposure, liability and
fault; it is known who did the dumping but there
may be another part at fault; will dispose of
materials locally, or in Utah if necessary because of
contamination level; total investment will be close to
$250,000; our work plan is defined for our right-of-
way only; we are complying with Water Quality
Control, under their plan we removed a percentage
of that dirt and they are now allowing us to put a
cap on it, leaving the balance of the material down
there; the toxic materials are paints, leads, thinners,
solvents.
M/S - Penna/Fernekes To adopt the Resolution.
RESOLUTION 139-95
Carried by unanimous voice vote.
Asst. City Manager Martel stated: current Ordi-
nance provides terms and conditions for operation of
the system; City Council must approve by resolution
any sale, lease, transfer or assignment of the exist-
ing franchise but cannot unreasonably refuse; a cable
operator seeking to transfer ownership of the system
that has been owned longer than three years must
submit FCC Form 394 to the local franchise authori-
ty; form was filed in the alternative by both TCI
Communications, Inc. and TCI Cablevision of Cali-
fornia; will be owned and managed as part of the
country's largest cable television company, which is
TCI.
Valerie Castelana, Dir. of Planning and Dev. for
TCI, stated: transfer is part of TCI's long term plan
to acquire most of the cable properties throughout
Northern California; plan is to interconnect all of the
networks and build a telecommunications network;
existing, good service will continue and you won't
see a change in staffing.
Discussion followed: the change will be invisible to
the customers and Council; the employees will be in
place, maintaining and installing cable; changes may
eventually occur in the senior management staff.
M/S Fernekes/Yee - To adopt the resolution approv-
ing the transfer of Western TV Cable franchise
12/13/95
Page 27
A~ENDA A~TION TAKEN
ADMINISTRATIVE BUSINESS
g. Resolution - Continued
LEGISLATIVE BUSINESS
19. Ordinance authorizing renewal of a cable franchise
agreement between the City and Western TV Cable.
Motion to waive reading and introduce the Ordinance.
AN ORDINANCE OF THE SOUTH SAN FRAN-
CISCO CITY COUNCIL RELATED TO THE
GRANTING OF A CABLE TELEVISION FRAN-
CHISE AGREEMENT TO WESTERN TV CABLE,
A SUBSIDIARY OF THE CHRONICLE PUBLISH-
ING COMPANY
ITEMS FROM COUNCIL
43
ADMINISTRATIVE BUSINESS
to Tele-Communications, Inc.
RESOLUTION NO. 140-95
Carried by unanimous voice vote.
LEGISLATIVE BUSINESS
Mayor Drago related: 5% of gross annual revenues
is a standard franchise fee and that fee is passed on
to the consumer; raise the fees to generate $150,000
in new General Fund revenue or keep it at the cur-
rent franchise fee; City has the ability to request up
to 30¢ per subscriber, per month, which would also
put in $50,000 and it will also be added to the bill.
Discussion followed: this is what the Scavenger
Company does; sooner or later someone has to pay;
purpose of charging a franchise fee; money is com-
ing from the user; not costing us that much to moni-
tor the franchise.
M/S Yee/Fernekes - To waive reading of the ordi-
nance.
Carried by unanimous voice call vote.
M/S Yee/Penna - To introduce the ordinance with
the modification of Section 2.2 to reflect 2-~A %
instead of 5%.
Carried by unanimous voice call vote.
ITEMS FROM COUNCIL
Councilman Penna stated there is an increasing
problem along Chestnut and Hillside with traffic and
asked Council to have staff look at having contrac-
tors developing in the area contribute to a stop light.
City Manager Wilson related that intersection is
within the Capital Budget and will come to Council
in January with the issue.
Councilman Fernekes asked about revising the sign
ordinance.
City Manager Wilson related it was sent to the
Planning Commission, the drafts were done by the
12/13/95
Page 28
AGENDA AC!IQN TAKEN
ITEMS FROM COUNCIL
GOOD AND WELFARE
CLOSED SESSION
20. Closed Session pursuant to GC 54957.6, for labor
relations with the City Manager, and pursuant to GC
54956.9(a) pending litigation - Syufy v. Alioto, et al.
ADJOURNMENT
44
ITEMS FROM COUNCIL
Attorney and it will probably be ready for the sec-
ond meeting in January.
Mayor Drago suggested that no new issue is started
at the City Council Meetings after 11:30 p.m. and
he thought we should restructure the layout of the
meetings to deal with the public items first, so par-
ticipants wouldn't have to sit until midnight.
Mayor Drago stated Friday night the Selection Com-
mitte~ for the County has a number of vacancies that
will have to be voted on and he asked for and was
given consensus for leeway to negotiate with other
cities.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Deleted under Agenda Review.
M/S Yee/Fernekes - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 12:08 a.m.
RESPECTFULLY SUBMITTED,
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.
12/13/95
Page 29