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HomeMy WebLinkAboutMinutes 1996-07-10 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin --lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room July 10, 1996 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: PRESENTATIONS Aircraft Noise Insulation Program - David Valkanaar ot'2~ q GENDA REVIEW ACTION TAKEN 7:40 p.m. Mayor Drago presiding. Council Present: Council Absent: Fernekes, Mullin, Penna, Yee and Drago. None. The Pledge was recited. PRESENTATIONS Mr. Valkanaar related: there are over 7,500 dwell- ing units in SSF covered by this program; more than 2/3 of those are single-family homes judged top priority by the Council; as of this week over 3,600 homes have been completed or are under way; this includes all single-family homes whose owners applied in Brentwood, Avalon Park, Avalon Pines, Francisco Terrace, Parkhaven, Southwood, Mayfair Village, Town of Baden, Rancho Buri Buri, Sterling Manor, Serra Highlands, Winston Manor and West Winston Manor; by this time next year all owners of 5,624 single-family homes covered by the MOU will have been offered the program; to be completed this month is Phase IX which is most of the single fami- ly homes in Brentwood, Avalon Park and Avalon Pines neighborhoods; he described in detail the various phases of the project, the neighborhoods covered and scheduled completion dates; the owners of multi-unit residential properties will be invited to participate after all single family homes have been approached; the program is drawing on both the $46.8 million MOU funds and the $10 million East of 101 funds provided by the SFIA and no General Fund money is spent on the Program; he proceeded to show the Channel 4 News coverage of the SSF Aircraft Noise Program. AGENDA REVIEW City Manager Wilson stated there were no changes 7/10/96 Page 1 AGENDA ACTION TAKEN AGENDA REVIEW ORAL COMMUNICATIONS 7/10/96 Page 2 AGENDA REVIEW to the Agenda. ORAL COMMUNICATIONS Mr. Ernie Molieri, 340 Alta Mesa, questioned: the internal investigation that took place in the Police Dept. regarding racism; the methods or integrity and the morals under which this thing was conducted; quite a few citizens have been coming forth regard- ing this issue, a public hearing in which his brother, Officer Dan Molierei, was involved with back on February 5-9th; the City Manager and City Attorney requested there be an internal investigation; he had the impression the Council wasn't taking part in this position, but he feels the Council is very much responsible for the investigation, because they okayed the funding for the investigation; he was bothered that the Council did not take the time to read the transcript; he brought forth a request for citizens to have the opportunity to review the tran- scripts; he thought it was the Council's responsibili- ty when it comes to expenditures in this City - that it is a priority to see where the money's going to end up going and do a fact finding on figures and what have you to see where it is going to go; yet no one turned a page regarding this issue and he wondered why; why were none of these issues regarding the investigation put on a City Council agenda. Mayor Drago said he would read a prepared state- ment from the City Attorney that covers this, be- cause we are starting to mix the transcripts from the hearings with the allegations made at a later date. "Following receipt of Officer Molieri's allegations the City Manager authorized an independent investi- gation, that investigation was conducted over six weeks, included interviews with 49 individuals and a review of relevant City documents. The investigator concluded that the allegations of discrimination and retaliation were without merit and a summary of the investigation results is available for public review; and it was put out today or tonight at the West Orange Library. Since the report contains personnel information, State law limits a City's ability to re- lease and the City Attorney advises we should not release the entire report. Also given that the unfounded allegations serve as a basis for a $3 million claim our City Attorney has requested that any questions should be referred to the City A~ENDA ACTION TAKEN ORAL COMMUNICATIONS 7/10/96 Page 3 ORAL COMMUNICATIONS Attorney if we go beyond this, further, you can see our hands are tied presently." Mr. Molieri stated he is still concerned because the public hearing and the investigation are one and the same and why weren't any of these matters put on a City Council agenda. City Attorney Mattas stated the independent investi- gation has been reviewed as part of the claim that was filed by Officer Molieri against the City, so the Council has been apprised of the results of the inde- pendent investigation, other than there is an out- standing claim in his office, and the Council has limited its comments. He will meet with any repre- sentative of Officer Molieri, if that is his desire, to answer any questions. Mayor Drago stated the summary is available. City Attorney Mattas stated yes, it is a one page and is available for public review at the West Orange Library if the members of the public want to see it. Mr. Molieri again questioned why it was never on the agenda, regardless of the results, and what was the expenditure for the investigation. City Attorney Mattas stated it was agendized and the results of the investigation were discussed in a closed session regarding their response to the $3 million claim filed by Officer Molieri against the City. Mr. Molieri stated that answered one question, but not what the cost was to the taxpayer which would have come out of the General Fund for funding. City Attorney Mattas recalled the cost was approxi- mately $19,000. Mayor Drago asked the cost of the attorney for the hearing before the Personnel Board. City Attorney Mattas stated those costs were includ- ed with the retainer of his firm, they are not sepa- rately billed. Mr. Molieri stated the point is that it resulted in AGENDA _AC_TIQN TAKEN 3o! ORAL COMMUNICATIONS 7/10/96 Page 4 ORAL COMMUNICATIONS unsubstantiated charges - where Mr. Mattas elo- quently changed his verbiage to say the charges were without merit - that is what concerns him. If this was a fair and impartial investigation, how come his brother was never interviewed by the investigator and the only other African American Officer was never interviewed. Mayor Drago stated as part of the investigation of the allegations made by Officer Molieri, the City's independent investigator requested an interview, Officer Molieri agreed and when he arrived, on the advice of his Attorney, declined to participate. Thus Officer Molieri was given every opportunity to participate. Mr. Molieri said his brother was invited to come in and based on his representative he was willing to comply, but he was declined by the investigator. The end result is his concern on how these are being dealt with, for the police have not stopped. He is concerned because the Council is not looking at the City Manager and the City Manager is not looking at the Police Chief. Now there are rumors and they affect members of his family and this irritates him because of these other police investigations. City Attorney Mattas stated Officer Molieri has filed a complaint with the EEOC, they are investigating the case, at some point in the future, after the inves- tigation, after a finding of no cause, or if cause they will issue a right to sue later. At that time Officer Molieri will institute a lawsuit, so for now it is before the EEOC. They can issue a right to sue letter after 180 days after the complaint was filed and that was at the beginning of February. Mr. Molieri stated the investigation that is taking place now - the Police Dept. is chasing after rumors, they are saying that his brother, Officer Molieri, that he stated something against another officer and they went at it again. Rumors that took place on Memorial Day weekend and the other implicated his younger brother and the police are still on the witch hunt because they lost and are trying to justify it. Now, rather than getting their facts straight, they were interviewing little kids. The person they thought was my brother was my father and it was a fund raiser for Parkway. He is questioning the AGENDA A~TION TAKEN ORAL COMMUNICATIONS 7/10/96 Page 5 ORAL COMMUNICATIONS Council's morals and integrity because this is still going on and he asks the Council to tell the police to knock it off. Mr. Pat Nobis, 125 Alden Glen Dr., expressed extreme disappointment with the Council with their decision to allow Sunstrearn Homes to build 80 homes of which 16 will be backed up to Suzie Way and will suffer the same conditions he and his neigh- bors have for six years. This has made him very angry and intends to expose the Council's incompe- tent vote who went against the advice of the Plan- ning and Police Departments and were more con- cerned about the peoples' view from the apartments that generate all of the problems to their health and safety. He proceeded to take various things out of a bag that were used as missiles against his and his neighbors' homes and yards: remnants of two beer bottles that hit his house and roof; plastics; full cartons of milk; various types of balls like soccer and basket balls and frisbees he throws back over the fence; rocks and dirt clods. He stated these things make a lot of noise when they hit the decks in the morning, afternoon and evening when you are sitting there watching television and they hit your house. They call the police, they come out and say they are sorry, but there is nothing they can do and with the Council decision they are exposing other people to this type of attack. The people start 4th of July fireworks two weeks before and after the date which are fire hazards. He spoke of the pellets shooting out his and his neighbors' bathroom win- dows, the police came out, investigated and said it was five and six year olds, but this did not make them feel better knowing they could be hurt by five or six year olds. He stated the City has a big prob- lem here, it is going to be emphasized at each meet- ing until the Council reverses its decision. He put out a rough draft of a flyer for new home owners and the Council will be characterized in it for they moved in there six years ago and no one told them about the problems. He stated Council- man Mullin had his class there when the decision was made, however, they left early and he wanted the Councilman to explain to his class the reason for not voting for the protective barrier recommended by the departments. He stated the Mayor said we need to deal with this as social problems - what AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to confirm expense claims of 7/10/96. o~''-o ! ~ 2. Resolution to award contract for Aircraft Noise Insu- lation Program Phase XII to G. E. Chen Construc- tion, Inc. in the amount of $5,674,000 as the lowest responsible bidder. ,5"z~ ~ A RESOLUTION AUTHORIZING AWARD OF CONTRACT TO G.E. CHEN CONSTRUCTION, INC. FOR THE AIRCRAFT NOISE INSULATION PROGRAM -P PHASE XII Resolution to amend the ANIP Consultant agreement with Corlett, Skaer & DeVoto Architects for design and construction support services for the Aircra_~_ Noise Insulation Program. A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE MASTER CONTRAC- TUAL SERVICE AGREEMENT WITH CORLETr, SKAER & DEVOTO WITH REGARD TO THE AIRCRAFT NOISE INSULATION PROGRAM Resolution approving the first amendment to the exclusive negotiating rights agreement with REST In- vestments for a period of 120 days. ,5'-~ ~q A RESOLUTION EXTENDING THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH REST ON THE (FINGERS) PARKING LOT PRO- JECT Resolution awarding contract for the 1996-1997 Street Resurfacing Program to Interstate Grading and Pav- ing, Inc. in the amount of $239,752 as the lowest responsible bidder. ~-o ~ o ORAL COMMUNICATIONS programs have you brought forward, how are you going to protect his neighbors. Mayor Drago asked the Police Department to re- spond at the next meeting and tell what they are going to do about it. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved in the amount of $3,116,180.82. RESOLUTION NO. 107-96 RESOLUTION NO. 108-96 RESOLUTION NO. 109-96 7/10/96 Page 6 AGEN. DA ACTION TAKEN ~ q CONSENT CALENDAR J. Resolution - Continued. A RESOLUTION AUTHORIZING AWARD OF CONTRACT TO INTERSTATE GRADING AND PAVING, INC. FOR THE 1996-1997 STREET RESURFACING PROGRAM Motion to adopt an ordinance amending civic zoning district regulations. ~- / 6 AN ORDINANCE ADDING CHAPTER 20.64 TO TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND AMENDING SECTION 20.06.070 RELATED TO CIVIC ZONING DIS- TRICT REGULATIONS PUBLIC HEARINGS Public Hearing - To consider adoption of 1996-97 Fiscal Year sewer service charges and connection fees; conduct Public Hearing; resolution adopting sewer rates, resolution establishing sewer connection fees and resolution adopting report of annual se,~.~, rentals and charges for Fiscal Year 1996-97. A RESOLUTION ESTABLISHING SEWER RATES EFFECTIVE FY 1996-97 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES A RESOLUTION ESTABLISHING SEWER CON- NECTION FEES EFFECTIVE FY 1996-97 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE FEES A RESOLUTION ADOPTING REPORT OF AN- NUAL SEWER RENTALS AND CHARGES FOR 1996-97 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE CONSENT CALENDAR RESOLUTION NO. 110-96 ORDINANCE NO. 1187-96 M/S Fernekes/Mullin - To approve the Consent Calendar. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. City Manager Wilson stated a letter came to the Council from the Chamber of Commerce asking for more time to study the item. He stated the Director of Public Works made a presentation before the Chamber and they feel there is more information to give their members. He suggested open the Public Hearing, have the Director of Public Works proceed with the staff report, take no action and continue the item to the next meeting. He stated he had a meeting with the Chamber and would share further information and they realize there is a time element involved for the County to get this on the tax rolls. Director of Public Works Gibbs stated action on this item will establish sewer rates, connection fees and the annual sewer report for fiscal year 1996-97 and amend the Master Fee Schedule. He related: the report recommends an increase for residential of 13.5% for the coming year; the connection fee increased from $500 to $860 which is 13.5%; non- residential fees are based on water usage; the 13.5% increase encompasses keeping the Plant operational and eliminating the raw sewage by up- dating the Plant and provide for treatment capacity; 7/10/96 Page 7 AGENDA ACTION TAKEN PUBLIC HEARINGS 7. Public Hearing - Continued. Public Hearing - Appeal of the Planning Commission decision on SC-96-035 Burger King Corporation at the Ramada Inn, 245 S. Airport Blvd.; Public Hear- ing opened on 6/26/96 and continued; hear testimony; Motion to uphold the decision of the Planning Com- mission and deny the appeal. 5'0 fl?/ PUBLIC HEARINGS the Plant is shared by San Bruno at 33 % and SSF at 66%; the Plant was designed with a capacity of 13MGD's, but with State changes the capacity is now 9MGD's; the Plant is operating at capacity and during periods of high demand it is beyond capacity; a consultant was hired for analysis of the capacity and expansion; the purpose is to procure the capital to offset the future costs of the expansion; compari- son of charges of sewer fees in the other San Mateo County cities; etc. Councilman Yee wanted the public to understand that Council is talking about increasing the connec- tion fees because we need the Plant expansion for future growth and it has nothing to do with the existing people connected. The Council is talking about connections for new residential and industrial uses and spoke in detail of the standards set by the Clean Air Act and the new fees paying for the ex- pansion of the Plant. M/S Yee/Penna - To continue the item to the next meeting. Carried by unanimous voice vote. Councilman Penna stated he had a conflict of inter- est and stepped down from the podium at 8:30 p.m. Director of Economic & Community Development Van Dyun related: the prohibition against canned signs; Burger King says the allowed sign is incon- sistent with their corporate image; the Applicant wants to exhibit three logo signs, 3x3 and 5x5; etc. Discussion followed: the only issue is a wall sign; they are making a hamburger out of many signs; this is the first Burger King within a hotel and there is no precedence; what if there are three businesses - will there be a Burger King, a KFC and another wall sign. In addition there will be a Burger King sign on the monument and the pole sign. Mr. Fred Phillips, Development Manager for Burger King, stated their architect had drawn up their logo that they want to use, which is their standard logo with a white background and a canned sign used on TV. This is their first use in a hotel, normally there is signage on the road, but they won't understand 7/10/96 Page 8 AGENDA ACTION TAKEN PUBLIC HEARINGS Councilman Penna Returned to the Podium: ADMINISTRATIVE BUSINESS Hearing - Hear testimony from property owners; adopt resolution imposing assessments for the unpaid costs of removing abandoned vehicles from private property and direct the City Clerk to file these as- sessments with the. County for inclusion in the 1996 -97 property tax rolls. ;.~3 '7 A RESOLUTION AUTHORIZING ASSESSMENT OF COSTS FOR ABATEMENT OF ABANDONED VEHICLES PUBLIC HEARINGS where this is so they located the signage on the building that it is in and there is a drive-through. He went on in detail describing the need and loca- tion for lights and outside signs guiding people to their site and the need to be competitive against KFC in that corridor. Mayor Drago closed the Public Hearing. Discussion followed: food courts are ancillary use; Councilman Yee thought the Council was governed by a written policy and the Council was going to be business friendly; this has been going on for 18 months and now there is a problem with their im- age, yet he does not see a problem with the signs; Mayor Drago agreed that the Council should respect the corporate logo; Councilman Mullin is concerned about the status of that building due to the Confer- ence Center next door and the kind of mixture this will produce bothers him; the Conference Center is aware of this use; City Attorney Mattas stated the Council can allow the sign, but if they amend the General Plan policy it will take longer, however, the staff can come back with a resolution of findings if the Council allows the sign. M/S Yee/Fernekes - To uphold the appeal and staff is to come back with findings to support the canned sign of the Applicant. Carried by majority voice vote, Councilman Mullin voted no. Councilman Penna returned to the podium at 9:12 p.m. and did not take part in the conversation or vote on the previous item. ADMINISTRATIVE BUSINESS Director of Finance Brooks read the procedures from the Municipal Code on abatement of aban- doned vehicles and explained the procedures fol- lowed for tagging vehicles and noticing owners. M/S Fernekes/Mullin - To adopt the Resolution. RESOLUTION NO. 111-96 Carried by unanimous voice vote. 7/10/96 Page 9 AGENDA ACTION TAKEN ~9 7 ADMINISTRATIVE BUSINESS ~). Resolution approving revised Conditions, Covenants and Restrictions for the Terrabay Development Pro- ject. .5--o ~ q -FEverS/~-~ A RESOLUTION APPROVING AMENDED CON- DmONS, COVENANTS, AND RESTRICTIONS FOR THE TERRABAY DEVELOPMENT PROJECT ADMINISTRATIVE BUSINESS City Attorney Mattas stated Mr. Saputo drafted the CC&Rs which staff reviewed and compared to previous ones. Mr. Saputo related: changes were made following the standards of the Department of Real Estate which were substantial; there are six pages of changes from one piece of legislation; the original CC&Rs had two pages of requirements and he worked diligently to bring them into conformance; he explained why there are now three CC&Rs; all parcels belong to a homeowners group which in- eludes open space, and they own the common area and there is an individual association for the private streets and driveways through different sub-associ- ations; the landscaping and open space and linear parks go up to the habitat; the utilities on the public street are covered by the Master CC&Rs; the CC&Rs do not cover the catchment basins. Discussion followed: City Manager thought the County JPA for catchment basins had been dis- solved; City Engineer said the County is preparing documents to dissolve the JPA and it will be main- tained by the County; the composition of the Board for the CC&Rs is in the by-laws; every purchaser will be provided with CC&Rs copies through es- crow; Councilman Yee concerned on whether the catchment basins have been monitored in the few years for there were supposed to have a Geologist and an Engineer survey the slopes and do an in- spection in September - what has happened in that regard in the last eight years; Director of Public Works stated the City monitored the winterization and the slump on Randolph, Sterling paid for; in Sept. 1993 they spent $200,000 to bring the project into condition and repaired the slides and cleaned the drains and catchment basins; the project is in a design state, so they keep it monitored and the catchments cleaned; the Association will assume responsibility to insure slopes are properly moni- tored. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 112-96 Carried by unanimous voice vote. 7/10/96 Page 10 AGENDA ACTION TAKEN ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 11. Closed Session pursuant to GC 54956, conference with legal counsel on pending and existing litigation - United Anglers vs. City of S.S.F. and International Association of Firefighters vs. City of South San Francisco; pursuant to GC 54957.6, a personnel matter with the City Manager concerning the reap- pointment of the Library Director. ADJOURNMENT: ITEMS FROM COUNCIL Councilman Penna stated he could not attend the C/CAG meeting on 8/8/96 and asked someone else to attend. Vice Mayor Fernekes stated he would attend the meeting. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council entered a Closed Session at 9:43 p.m. to discuss the items noticed. M/S Yee/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:26 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco // Jack Drago, Mayor (,.~ty 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. 7/10/96 Page 11