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HomeMy WebLinkAboutMinutes 1997-10-15 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin ~lohn R. Penna Robert Yee SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 22, 1997 MINUTES City Council City Council Conference Room City Hall October 15, 1997 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 22nd day of October 1997, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session, pursuant to GC 54957.6, labor negotiations for the City Attorney and the Police Association. 2. At 6:30 p.m. - Summerhill/Kaiser property. 3. Adjournment. City Clerk City of South San Francisco Dated: October 16, 1997 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session, pursuant to GC 54957.6, labor nego- tiations for the City Attorney and the Police Associa- tion. ACTION TAKEN 5:10 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Yee and Fernekes. Council Absent: Penna. Council entered a Closed Session at 5:11 p.m. to discuss the item noticed. 10/15/97 Page 1 AGENDA ACTION TAKEN Councilman Penna Arrived at the Meeting. ~,ECALL TO ORDER: 2. At 6:30 p.m. - Summerhill/Kaiser property. ADJOURNMENT: Councilman Penna arrived at the meeting at 5:40 p.m. Mayor Fernekes recalled the meeting to order at 6:50 p.m., all Council was present, no action was taken and direction was given. City Manager Wilson stated the Summerhill people do not have their documentation complete, so the item will not be discussed. M/S Yee/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 6:51 p.m. RESPECTFULLY SUBMITTED, . attaya, City Clerk ~// ity of South San Francisco APPROVED. Ci~ of Sotith San ~'raMn~s~ 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. 10/15/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room October 22, 1997 S__P_E__C ! A L M_E__E I ! N G CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 22, 1997 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 22nd day of October 1997, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session, pursuant to GC 54957.6, labor negotiations for the City Attorney and the Police Association. 2. Adjournment. Dated: October 16, 1997 City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session, pursuant to GC 54957.6, labor nego- tiations for the City Attorney and the Police Associa- tion. ~CALL TO ORDER: ACTION TAKEN 7:14 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Penna, Yee and Fernekes. Council Absent: None. Council entered a Closed Session at 7:15 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 7:38 p.m., all Council was present, no action was taken, direction was given on the Police Association. 10/22/97 Page 1 AGENDA ACTION TAKEN ADJOURNMENT: City Attorney Mattas stated in the regular meeting the Council would take action on the City Attorney's contract with the following stipulations: contract extended to 9/14/98; increase to $21,000 per month, plus cost recovery; cost of legal secretary to be shared. M/S Yee/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:40 p.m. RESPECTFULLY SUBMITI'ED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Jo/geph A~ F erneke~,,,~'~ O~:y of Sbuth San Francisco ~e entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- ins, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the vffice of the City Clerk and are available for inspection, review and copying. 10/22/97 Page 2 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin -----John R. Penna Robert Yee CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS GENDA REVIEW City Manager Wilson Requested: - Remove Item//15. ORAL COMMUNICATIONS 10/22/97 Page 1 MINUTES City Council Municipal Services Building Community Room October 22, 1997 ACTION TAKEN 7:46 p.m. Mayor Fernekes presiding. Council Present: Datzman, Mullin, Penna, Yee and Fernekes. Council Absent: None. The Pledge was recited. Lay Minister John Cantley, Grace Covenant Church, gave the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Silvia Mason, 10 Arlington Dr., thanked the Council for their help in the defeat of the crematorium across from her neighborhood. She had a problem with an article that appeared in the Peninsula Independent 10/14/97 where Mr. Burns says he is still determined to expand his business and will look at other places because his business is building so fast. She finds it ironic that Mr. Burns said there are areas in S.S.F. where they will accept his business. Director of Economic & Community Development Van Duyn stated at the present time our zoning ordinance does not allow crematoriums, so it will be difficult to find where that will be allowed. AGENDA ACTION TAKEN COMMUNITY FORUM 10/22/97 Page 2 COMMUNITY' FORUM Councilman Penna related: it has come to his atten- tion in the last couple of weeks that the Airport will be looking to expand another airfield; so, this would indicate another airfield for planes to come over S.S.F.; it would appear in talking to pilots that the ideal expansion would be at runway 1, that is the one that takes off over the bay and Millbrae and if that is expanded, then flights overseas can use the airfield; a couple of weeks ago we had a study ses- sion and statistics were given on the space needed in clearance for an aircraft to take off over Shaw Road; he feels it is a health and safety issue and it may be practical to suggest to the Airport that we are pre- pared to rezone to 30 and 40 storing buildings to prevent airplanes from taking off; he thinks it might be time to consider strongly the possibility that the new airfield being proposed be realigned, that air flights take off over the bay, other than over S.S.F.; he is proposing, to put this in written form, have a study session to meet with the staff and the Airport to see what can be done on a possible alignment, and let it be known we are considering a high rise zoning amendment; in talking with the City Attorney he learned, legally, the City may have some ground to do this and he plans to research it. Councilman Yee feels this item should be before the members of the Roundtable, for at this point there is no airfield, it is a proposed landing strip. He knows, as well as Councilman Penna, if it becomes a reality it is not going to happen for BCDC is not going to let it happen. It is not on Roundtable's agenda, and it is so remote that he does not think you should spend time talking about it, but you could send representatives to the Roundtable. Councilman Datzman noted, we could throw out that Millbrae and San Bruno construct high rises and there is no place to take off, for he has heard a great deal of concern in the community in the past weeks. The Council has an obligation to get straight facts back to the community, and in that effort, Council- man Penna is right we should form a subcommittee for we have already talked about hiring a consultant which the members of the community know. If we pull together and give the community straight facts then they will know where we are coming from because they don't have a clue. We have an obliga- tion as a body to come up with suggestions and then AGENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 10/1/97. Motion to confirm expense claims of 10/22/97..~O [ ,-~ Resolution to award construction contract for Spruce Avenue Traffic Signal Interconnect to Steiny & Co., Inc. in the amount of $153,400, as the lowest responsible bidder, and amend the CIP budget in the amount of $32,050 for a total project budget of $212,050 which runs from Miller to Mayfair Ave- nues. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE SPRUCE AVENUE TRAF- FIC SIGNAL INTERCONNECT PROJECT TO STEINY AND COMPANY, INC. IN THE AMOUNT OF $153,400 AND AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET (CIP 98-6) TO ADD $32,050 TO THE SPRUCE AVENUE INTERCONNECT PROJECT Motion to accept the Slurry Seal Project as complete in accordance with the plans and specifications..6"0 ~ Resolution amending the Capital Improvement Project to include $126,000 for the 1997 Junipero Serra Boulevard Reconstruction Project. COMMUNITY FORUM go out and sell those suggestions to the community. Mayor Fernekes related: California Water will begin operating a new filtrating system that will remove the magnesium that will improve the tap water; if there are problems please contact them and it started in the week of October 16th; a news letter was sent to the community in the mail and was well done by the Community Development Coordinator and the Manager's Office; it spoke of First Point's preparing for El Nino, if it persists, the award from SAMCEDA, beautification and the Wind Harp, Jack Drago Park; it is a good news letter and has a ques- tionnaire on the back and thanks to staff for a good job; he and the Vice Mayor attended an EMS meet- ing and there will be two or three meetings before we decide to stay in the JPA or not. CONSENT CALENDAR Approved. Approved in the amount of $2,432,946.87. RESOLUTION NO. 116-97 Accepted. Removed from the Consent Calendar for discussion by Vice Mayor Mullin. 10/22/97 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION AUTHORIZING A CAPITAL IMPROVEMENT PROGRAM BUDGET AMEND- MENT (CIP 98-7) BY ADDING $126,000 FOR THE 1997 JUNIPERO SERRA BOULEVARD RECON- STRUCTION PROJECT Resolution of award of contract to Metcalf and Eddy in an amount not to exceed $28,900, and a Motion to approve the advertising for the Repair of Sluice Gates at Pump Station No. 11 and Repair Force Main at Pump Station No. 3 for construction once design is complete. ~'~d~ ~ ']' A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT TO METCALF AND EDDY IN AN AMOUNT NOT TO EXCEED $28,900 FOR DE- SIGN OF THE REPLACEMENT OF SLUICE GATES AT PUMP STATION NO. 11 AND RE- PAIR FORCE MAIN AT PUMP STATION NO. 3 Resolution opposing the Government Cost Savings and Taxpayer Protection Amendment. A RESOLUTION DECLARING OPPOSITION TO THE GOVERNMENT COST SAVINGS AND TAX- PAYERS PROTECTION AMENDMENT Resolution naming "Irish Town Greens" at the newly renovated area between Armour Avenue and Linden Avenue along Airport Boulevard. .~t0 t9 A RESOLUTION AUTHORIZING THE NAMING OF THE NEWLY RENOVATED AREA BETWEEN ARMOUR AVENUE AND LINDEN AVENUE ALONG AIRPORT BOULEVARD AS IRISH TOWN GREENS Resolution authorizing an application for grant funds through the California Integrated Waste Management Board for a Local Government Used Oil Opportunity Grant. ~5~,o ~ d> A RESOLUTION AUTHORIZING THE SUBMIT- TAL OF AN APPLICATION TO THE CALIFOR- NIA INTEGRATED WASTE MANAGEMENT BOARD FOR A LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT - FOURTH CYCLE CONSENT CALENDAR RESOLUTION NO. 117-97 Removed from the Consent Calendar for discussion by Councilman Datzman. RESOLUTION NO. 118-97 RESOLUTION NO. 119-97 10/22/97 Page 4 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution approving a contract amendment to the contract with Meyers, Nave, Riback, Silver and Wilson for City Attorney services. A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF SOUTH SAN FRAN- CISCO AND MEYERS, NAVE, RIBACK, SILVER AND WILSON AND APPROVING A BUDGET AMENDMENT Resolution amending the Capital Improvement Project to include $126,000 for the 1997 Junipero Serra SI 2.t~ Boulevard Reconstruction Project. ..6-t3~ A RESOLUTION AUTHORIZING A CAPITAL IMPROVEMENT PROGRAM BUDGET AMEND- MENT (CIP 98-7) BY ADDING $126,000 FOR THE 1997 JUNIPERO SERRA BOULEVARD RECON- STRUCTION PROJECT CONSENT CALENDAR RESOLUTION NO. 120-97 M/S Mullin/Penna - To approve the Consent Calen- dar with the exception of Items No. 5 and 7. Carried by unanimous voice vote. Vice Mayor Mullin questioned, based on the damage of the road shown in the picture, why this was not in the original contract for this results in a 50% increase to the project. Director of Public Works Gibbs stated that on this street the subgrade was not installed correctly and most of the money is for additional quantity for subgrade repairs and staff found, when checking the subgrading, it was inadequate for the traffic. Vice Mayor Mullin stated, as the traffic has in- creased there is a greater need, but obviously that was known because the Director came to Council for additional money. Discussion followed: staff assumed, from the origi- nal drawings, that it was adequate, but when that work was done it was not like the original drawings and it was a Caltrans project; Caltrans did not meet the specifications and staff found the street was out of alignment; it has been some 30 years since there have been repairs of this nature and being construct- ed properly; most of the damage was due to the trees; Caltrans has put a concrete slab under the asphalt where the bus stops; it has been a pricy street, but it will outlive staff and the Council; etc. M/S Mullin/Datzman - To adopt the Resolution. RESOLUTION NO. 121-97 Carried by unanimous voice vote. 10/22/97 Page 5 AGENDA AC~!ON TAKEN Resolution opposing the Government Cost Savings and Taxpayer Protection Amendment. ~ 9.. 25 D A RESOLUTION DECLARING OPPOSITION TO THE GOVERNMENT COST SAVINGS AND TAX- PAYERS PROTECTION AMENDMENT PUBLIC HEARINGS Public Hearing - To consider RZ-96-014, Negative Declaration No. 96-014 and Negative Declaration No. 96-113 for the downtown flexibility, zoning adminis- trator and minor use permit ordinance; Conduct Public Hearing; Motion to approve Negative Decla- ration No. 96-014, and portions of 96-113; Motion to waive reading and introduce a zoning ordinance to approve ZA-96-014. .~O ~ AN ORDINANCE ADDING CHAPTERS 20.48 AND 20.89 AND ADDING SECTIONS 20.71.040, 20.71.050, AND 20.74.125 AND AMENDING CHAPTER 20.80 AND SECTIONS 20.06.100, 20.071.030, 20.073.020, 20.74.150, 20.88.040, 20.90.020 AND 20.91.030 OF THE ZONING PRO- VISIONS OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE Councilman Datzman stated there were no support- ing documents for this item, and questioned why government would oppose government cost savings; the City Manager stated had a thick packet on the subject from the League of Cities and from the County and have a list of pro and cons, but the real essence comes down to local control, cost and the ability to get work done; staff has systems to allow cities to retain outside engineering firms which is the practice, which this City did for the Treatment Plant; this was initially sponsored by engineers, for it would restrict the cities ability to do this on any project where State funds are involved; most large projects are paid for by a blending of city and state monies; etc. M/S Datzman/Mullin - To adopt the Resolution. RESOLUTION NO. 122-97 Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Fernekes opened the Public Hearing. Chief Planner Harnish stated this proposed amend- ment has a number of changes to the zoning ordi- nance, but they actually are compact to address a limited number of issues. He continued: it addresses Council issues in the downtown where property owners want to make changes to their homes and they are required to go through the use permit process which is expensive and time con- suming; the changes start at Railroad and Airport going north just past Armour and across coming over past Maple to the west and down, and goes west just north of Tamarack to Chestnut and south on Chestnut which is the westerly border which is largely the older part of the City; first there is the modification to the zoning ordinance standards that will allow some variation in the old town for they will be provided additional flexibility, including some setbacks and encroachments will be allowed and involve a minor use permit; fence heights will be increased from 6' to 8'; changes in landscaping and parking spaces, decks, setbacks and minor encroachments; the provisions set out criteria for 10/22/97 Page 6 AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 10/22/97 Page 7 PUBLIC HEARINGS those things to be allowed by a zoning administra- tor who will make a finding or a decision on wheth- er or not to allow the change; the second aspect is the zoning administrator position, this is not a new person or job in the City, but would be a new title that the Chief Planner would have to conduct these hearings; he would act as a zoning administrator and hearing officer, and any decision will be appealable to the Planning Commission; the third aspect, which is the most significant, is the creation of a class of permits called minor use permits that will be dele- gated to the staff, recognizing that the decisions can be appealed to the Planning Commission; the Plan- ing Commission had two concerns that are reflected in the ordinance - one in regards to an alternate ad- ministrator and a summary of the administrator's actions at previous hearings would be given to the Commission to review; this was reviewed by the Historic Preservation Commission and they were concerned on how it would affect historic structures, for now the only restrictions are on demolition of structures; there were four or five Planning Com- mission meetings on this and neighborhood concerns were included, and the Commission recommends approval of the changes; limited responsibility has been delegated to staff for minor use permits that are defined in the Code and that is the only reason to define the position of administrator and at a later date the Council and Commission can delegate further authority. Mayor Fernekes closed the Public Hearing. Discussion followed: Councilman Yee remembers that 25 years ago there was a similar position and maybe twenty years ago we did away with that, so why do we need the position for it can be handled by the Chief Planner; he has a problem with the Chief Planner being the one who talks to people at the counter and is not going to change his mind at the hearing level so, how can he be impartial; if there was disagreement at the neighborhood level, the hearing officer would refer it to the Commis- sion; the Economic & Community Development Director would sit as administrator in the Chief Planner's absence; why isn't the Director the ad- ministrator; he could, but the Planner is also the zoning administrator and they have the authority to delegate that to other staff and is similar to the AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 10/22/97 Page 8 PUBLIC HEARINGS coordinator position; the City Manager stated what staff tried to accomplish was for someone to mediate the issue, and sometimes a neighborhood wants to do something and the Chief Planner is trying to streamline the process for the applicant/neighbor and give the staff flexibility; Council directed staff to come back with something, so we have an admin- istrator to be able to sit down with the individual and not have to go to the Planning Commission; Councilman Yee wanted to know if staff was going to neighborhood by neighborhood with ordinances; staff feels the zoning should not be citywide and yes, there are two or three neighborhoods where we had issues, but this is the first; Councilman Yee feels staff should look at the neighborhoods and see if there is a need for overlays rather than just this one; Councilman Datzman suggested a person wants to improve his property and the City says you have to correct your driveway at the same time, yet the people could have had the driveway for 30 years and you are allowing them to proceed; width of drive- ways; problems in old town with accommodating enclosed parking on a 25' lot when a standard ga- rage is 18' wide, and then there is a staircase if it is two story, so can there be a zero lot line on one side and be able to encroach to the second level so the homes will fit; that is not contemplated here on the side yard setbacks under those circumstances; this was not intended to increase density, but where an older structure had need, but not to triple its size but allow the property owner to improve his property without being forced to face the whole magnitude as with a new home; Councilman Penna is concerned with people who want to add on in old town and feels this is a good start; Vice Mayor Mullin wants to know if the administrator's actions would be received by the Commission in enough time to be brought up at their next meeting if needed; one thing this will do is establish administrative procedures with on-site hearings and that will be in an agenda packet with a summary; Vice Mayor Mullin stated there may be two or three Commissioners who become interested in a particular packet and they may want to go and look at the site, and he would be more comfortable if less than a majority could bring up an item even though they cannot muster up a majority for a report; he believes in an expe- dited process and anyone of the seven could want to have a report and have the wording replaced with AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 10/22/97 Page 9 PUBLIC HEARINGS two or three Commissioners or whatever the Coun- cil would like to see; City Attorney says case law says you have to draw a line on where the Commis- sion pulls up an item - you don't want them to discuss it without a full hearing, so the issue of a majority vs. one or two because you don't want them to have a conversation when they have not called it up; he has no problem with the Council dropping it to a lesser figure, say two rather then the Commissioner has to get two others interested; the Vice Mayor would be comfortable with that; Coun- cilman Yee stated the administrator rules, it is re- ported to the Planning Commission and one or two, without a majority, wants to take a look at that and discuss it so you schedule it for another meeting and the Commission adjudicates it and says we don't like the administrator's decision; so, you go tell the applicant it is not what he told him earlier, because the Planning Commission overruled him - that is not expediting anything if he only wants to change a bathroom; Vice Mayor Mullin feels the Historic Preservation Commission would like to have some notification of any changes to structures that are on their potential historic list, because they have no reviewing authority and are not part of the process; he suggested they be part of the process through notification and perhaps get a packet as a courtesy and wanted Council to recommend this be forwarded to the Planning Commission on the minor use per- mit, that you also send it as a courtesy, if nothing else, to the Historic Commission; he also concurs with Councilman Yee that if you have an applicant and you walk that person through the process and, you become the hearing officer - then you should not be at the counter; Director of Economic & Community Development stated the present costs of permits are prohibitive for homeowners and they will usually do the improvements illegally rather than pay the fee, and the intent is to not add another layer of bureaucracy or not to have to go to the Planning Commission through this minor use permit procedure; if the process was a major controversy the Chief Planner would direct it straight to the Planning Commission; this ordinance took staff over a year and a half to draft; Council- man Datzman complimented staff for streamlining the process for these minor improvements; etc. Consensus of Council - To go with two Planning AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 12. Resolution approving the BART Agreement. ~O ~ A RESOLUTION APPROVING A COMPREHEN- SIVE AGREEMENT BETWEEN BART AND THE CITY OF SOUTH SAN FRANCISCO PUBLIC HEARINGS Commissioners who can bring this up to a Commis- sion meeting. City Attorney Mattas stated he would change the language before the document comes back to Coun- cil. M/S Mullin/Penna - To waive reading and introduce the ordinance with the modifications noted by Coun- cil. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Attorney Mattas related: he made available to Council and members of the public the BART com- prehensive agreement; there have been meetings on the agreement with BART, staff and the Subcommit- tee and all but one item has been resolved; all de- partments were involved in the review and are sup- porting the agreement. He proceeded to summarize the agreement: site management; the general contractor will provide security for the site and continue to provide pedes- trian access adjacent from Mission Road to El Camino for the high school students throughout the construction; Council discussed the possibility of a City Project Manager on the project with the cost of the person reimbursed by BART, which BART was uncomfortable about; BART will assign a single representative for the complaints and BART will publicize the name and number of the individu- al; in reference to any health and safety issues BART is obligated to return phone calls within four hours, and all other complaints within eight hours; the City Manager will have a quarterly review to see if BART is acting responsively, then BART could conceivably assign a new person if necessary; there will be preconstruction and irrigation facilities; City will supply trees to BART to plant; in the provisions for parking there are two different types of mitiga- tion - validating parking or a surcharge on rides; if parking in neighborhoods, BART must do a manda- tory survey to determine spill over parking, and then do parking mitigation; there must always be two way access and if there is a street closure there must be a 72 hour notice for traffic mitigation; Hickey 10/22/97 Page 10 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 2. Resolution - Continued. ADMINISTRATIVE BUSINESS Blvd. must be installed on a 50/50 basis with the City's share reimbursed by the Federated site; de- sign guidelines standards must provide 60 day sur- face improvements and $2 million spent on lighting, benches, landscaping, sod and irrigation and there may be a JPA formed for that construction, if not BART, BART will have a joint development along that alignment if the $2 million is not enough; SamTrans may be willing to have the same commit- ment to finish the alignment and he will add lan- guage that BART will share the increase of $500,000 if SamTrans makes the commitment; BART's bid package will be released 11/6/97 and will include San Bruno, Millbrae, Colma and S.S.F.; etc. Discussion followed: Councilman Yee noted who is the person responsible to the City to oversee the project; BART will assign an individual to this community and staff wants the response time down to four hours on health and safety issues; the City Manager is happy with the proposal; he stated BART and SamTrans and the cities are to maintain the line; the $2 million is not going to develop the area to the City's satisfaction and the City will have to invest money to meet our needs; if it doesn't occur, wherein Samtrans can't do it, then the City will share the cost with BART and attach language for the bicycle path and we can use redevelopment funds for this purpose; the agreement is subject to SamTrans' proportionate share with BART; Sam- Trans committed to $1 million a piece per agency; so, we get $500,000 from SamTrans and the City supplements with redevelopment funds; Coun- cilman Yee asked, what if the Council does not approve this agreement for it seems with no negotiation there is no agreement for what BART told us at the last meeting did not happen; City Manager stated the Council can approve it subject to SamTrans; City Attorney stated BART can move forward without the agreement; City Manager re- minded Council they were going to spend $23 mil- lion to underground BART, so now we can partici- pate in the bicycle path; Councilman Yee feels BART should not go back on their word, for they basically push you over and it is not right; he was a strong supporter, and is very disappointed in BART; Councilman Penna concurred and will not vote for this agreement; Councilman Datzman stated it is not 10/22/97 Page 11 AGENDA. ACTION TAKEN ADMINISTRATIVE BUSINESS 2. Resolution - Continued. RECESS: RECALL TO ORDER: ~3. Overview by Director of Public Works Gibbs on the Water Quality Control Plant Project, both the opera- tional changes and revenues. ~"~)~ ADMINISTRATIVE BUSINESS a perfect world, you negotiate and try to minimize disruption and take the best deal; Mayor Fernekes agreed, it has been going on a long time and the sole purpose was to underground BART to through S.S.F. at no cost to the City. M/S Mullin/Datzman - To adopt the Resolution with the following language 'BART's share shall be calculated based on the total amount committed by BART and SamTrans ($2,000,000) in the event that SamTrans authorizes BART to allocate said total amount to the cost sharing specified in this para- graph." RESOLUTION NO. 123-97 Carried by majority roll call vote, Councilmembers Yee and Penna voted no. Mayor Fernekes declared a recess at 9:40 p.m. Mayor Fernekes recalled the meeting to order at 9:55 p.m., all Council was present. Director of Public Works Gibbs presented an over- view of the improvements of the Water Quality Control Plant: he stated consultants John Corollo, Mike Briten and Laurel Stowall were present to respond to questions; the Plant was started in 1945 in accordance with an agreement between two cities and the U.S. Navy to pump raw sewage from the creek into the San Bruno Canal; this facility was built in the 1950s for $110,000, because in 1946 discharge into the bay was prohibited; he spoke of BODs, suspended solid waste, updates for industrial and new State requirements and to accommodate growth in the two cities; these improvements included another pumping station and two final clarifying stations that cost $2.5 million and brought the capacity up to 12.5; today the Plant has the NPD for 13.3 after a 1984 study of stress tests and it was 8.5 and we made improvements on the modification to meet emergencies; in 1995 Corollo did another capacity test and we keep them on staff to work through the improvements for the demands from San Bruno, Colma and Daly City and the Redevelopment Agency to show how our City was going to expand; working with the Subcommittee for the past two years he has established a scope and has worked 10/22/97 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 3. Overview - Continued. ADMINISTRATIVE BUSINESS with Bartle Wells on bonds and how the cost will be allocated; staff is in touch with the State and have a loan number, but not approval; staff brought the negative declaration to Council with comments from BCDC; sometime in December plans will be sent to the State with the construction estimate from the engineer and hopefully a funding will come forward in January and February when they have the bids out; Mike Briten will go through the handout, then Laura Stowali will explain how we have worked out the rate increase and how the money will be generat- ed. Mr. Mike Briten spoke of revamping the Treatment Plant and how it will be shared by the two cities and proceeded with a slide show on the aerial photo- graphs. He stated originally his design was in- creased to 13 which is not an expansion, but the original capacity of discharge and there are rigid State requirements and to go beyond that in dis- charge would take more work. He then addressed: the wet ramifications of weather conditions; 20 year period of expansion project schedule; 70% complete in design and will go to bid in the Spring of 1998; have funding built in for part of work; stretched out project for cash flow; total project cost is $41.4 million which has gone up because of capacity in- creases; San Bruno's share cost is 7.8% and S.S.F. 33.6%; etc. Ms. Laura Stowall, Bartle Wells, spoke on: aspects of State Revolving Funds and City bonds; debt service from the sewer charges; 2-1/2-3% State bond rate and the City can make payments after completion of project; City may have to issue reve- nue bonds if they cannot get State loans or they can have both; she did 15 year projections on sewer rates which are $159.00 and in five years will go to $200.00; there is a 3 % inflation in operation costs; keep at least $1 million in the Sewer Fund; on-going collection fees; $6 million is projected out to 2001; everyone is facing the rebuilding of old plants. Discussion followed: Councilman Yee questioned if the Council is ready to review connection fees and is there enough to offset a lower rate, make sure we reserve the capacity for this City for that is critical; he noted that on page 2 the figure 33 ap- pears to be transposed; Ms. Stowall will check out 10/22/97 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 3. Overview - Continued. 14. Resolution transferring $1.6 million from the Sewer Enterprise Fund to the S.S.F./San Bruno Water Qual- ity Control Plant Improvement Upgrade Proiect .~0 $ A RESOLUTION APPROVING AN AMENDMENT TO THE 1995-97 CAPITAL IMPROVEMENT PRO- GRAM BUDGET TO APPROPRIATE $1,600,000 FROM THE SEWER RENTAL FUND TO THE SOUTH SAN FRANCISCO/SAN BRUNO WATER QUALITY CONTROL PLANT IMPROVEMENT PROJECT 15. Resolution authorizing the allocation of $12,500, and a budget amendment to the Operating Budget, to match funds granted by the County Office of Educa- tion to SSFUSD for an After School/Homework/ Tutorial Center. A RESOLUTION AUTHORIZING A GRANT OF $12,500 TO THE SOUTH SAN FRANCISCO UNI- FIED SCHOOL DISTRICT FOR AFTER SCHOOL/ HOMEWORK/TUTORIAL PROGRAM AND AU- THORIZING AN AMENDMENT TO THE 1997-98 OPERATING BUDGET ITEMS FROM COUNCIL ADMINISTRATIVE BUSINESS connection fees; and yes the 33 figure was trans- posed; City Manager Wilson plans to follow up after the Council meeting and apprise businesses; it is fortunate the State Fund will give us a loan. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 124-97 Carried by unanimous voice vote. Removed from the Agenda by the City Manager under Agenda Review. ITEMS FROM COUNCIL Councilman Datzman related: Senator Kopp talked about positions of the SFIA variances at the Pon- derosa meeting, and want that looked at; concerned about local newspapers taking comments out of context, such as open space. Councilman Yee stated a meeting of the Airport Roundtable addressed the Airport variance last month, and Council could get a summary of that meeting. The only comment related to S.S.F. was inclusion in the footprint, and he is going to refute that at the next meeting. City Manager Wilson stated Senator Kopp's position is aggressive to the Airport and is looking for vari- ous communities support. He feels the Council should reexamine and develop strategy and maybe 10/22/97 Page 14 AGENDA ACTION TAKEN ITEMS FROM COUNCIL ITEMS FROM COUNCIL changing the scale could benefit this City and look at the broader spectrum. GOOD AND WELFARE CLOSED SESSION 16. Closed Session, pursuant to GC 54956.9, conference with legal counsel on existing litigation - WRT vs. S.S.F.; and pursuant to GC 54957.6, labor negotia- tions on the Police Association. RECALL TO ORDER: ADJOURNMENT: Councilman Yee stated our community complains of single noise events and we can't get money from Airport if we fight them, because the FAA is not going to change the rules. We need a strategy because we can't change the footprint. Councilman Datzman stated our community looks to us for guidance whether through legislation or the D.A. prosecuting the Airport, and a wrong impres- sion was given at the Kopp meeting. Councilman Yee thought the Council was taking a lead role with hiring a consultant and forming a subcommittee. Councilman Penna agrees and was cautious on the presentation from Senator Kopp, but he wants sup- port, wants the State to prosecute and there be a different scale, yet the State gets the money, and we get nothing out of it. GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Council entered a Closed Session at 10:45 p.m. to discuss the items noticed. Mayor Fernekes recalled the meeting to order at 10:55 p.m., all Council was present, no action was taken and direction was given. M/S Mullin/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:56 p.m. 10/22/97 Page 15 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Jose h°A. l~ern~ekes, Mayor Cit~oh~s~uth 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. 10/22/97 Page 16