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HomeMy WebLinkAboutMinutes 1998-10-28 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes ~Karyl Matsumoto lohn R. Penna MINUTES City Council Municipal Services Building Community Room //,5 October 28, 1998 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OCTOBER 28, 1998 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 28th day of October 1998, at 7:10 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Public Safety Awards. City Clerk City of South San Francisco Dated: October 14, 1998 CALL TO ORDER: ROLL CALL: Public Safety Awards AGENDA (Cassette No. 1) ACTION TAKEN 7:23 p.m. Mayor Mullin presiding. Council Present: Council Absent: Datzman, Fernekes, Matsumoto, Penna and Mullin. None. Fire Chief Lee gave certificates to the following: John Herr for the Peninsula Fire Buffs; Fire Captain Azzopardi; Firefighter Lemp; Deputy Fire Marshall Fitzpatrick; Fire Marshall/chief Building Inspector Kirkman; Building Inspector Mammini; Building Inspector Bonner; Assistant Civil Engineer Antonio; Lead Building Maintenance Custodian Romero; Fire Battalion Chief Johnson; Fire Captain Lucia; Para- medic/Firefighter Melcher; Paramedic/Firefighter Krujac; Firefighter Saenz; Police Officer Carlino; Firefighter Young; Manager of Housing & Commu- nity Development Fregoso; Contract Consultant 10/28/98 Page 1 ~ENDA A~TION TAKEN ._L:~ublic Safety Awards - Continued. ADJOURNMENT: Sanchez; Police Lieutenant Devan; Police Sergeant Massoni; Fire Education Specialist Kennedy; Fire Captain Gonzalez; Firefighter Ottoboni; Firefighter Rivera; Firefighter Ramsey; Paramedic Firefighter LaRont; Mike Gonzalez was awarded Fireman of the Year at the Elks Club recently; Andy Scherer and Tom Meneley of Genentech; Ms. Teresita DeJesus; Paramedic Firefighter Haslam and Paramedic Firefighter Root. Police Chief Raffaelli presented certificates to: Dominick and Rebecca Saunders; Mike Charon; Officers Sharon Cervelli and Danny Gill; Kimberly Catelli, Debby Hopkins and Carine Blot. M/S Fernekes/Datzman - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 8:02 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 10/28/98 Page 2 Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes "-"Karyl Matsumoto lohn R. Penna MINUTES City Council Municipal Services Building Community Room October 28, 1998 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ~ertificate of Appreciation Health Center - Margaret Taylor Follow-up-to S.S.F. Day In the Park and 90th Birthday - Councilman Fernekes AGENDA REVIEW City Manager Wilson Requested: --Remove Items 10, 13, 14 and 15 from the Agenda. ACTION TAKEN 8:04 p.m. Mayor Mullin presiding. Council Present: Council Absent: Datzman, Fernekes, Matsumoto, Penna and Mullin. None. The Pledge was recited. Rev. Ken Jones, Good News Chapel, gave the invo- cation PRESENTATIONS Mayor Mullin stated Ms. Meissner was leaving to go to Burlingame after 30 years in teaching and administration. City Manager Wilson stated Ms. Taylor sends her regrets and the item will be rescheduled. Councilman Fernekes related: the event was a great success; 500 were served pancake breakfasts; there were 180 booths with all day entertainment; a video was made of the event; $35,000 was raised for non- profit organizations; he hosted a thank you luncheon for all employees who participated; his thanks to the Vice Mayor, Susan Kennedy, Wenda de Cahun, Dennis Crossland, Barry Nagel, Sharon Ranals, Rich Bordi, Terry White, Valerie Sommer, Council and the business community for their generosity who had picked up the major costs; Council had budgeted for $30,000 and only used $20,000. AGENDA REVIEW So ordered. 10/28/98 Page 1 ORAL COMMUNICATIONS COMMUNITY FORUM RECESS: RECALL TO ORDER: Councilman Penna left the Meeting: ONSENT CALENDAR 1. Motion to approve Minutes of the Special Meeting of ORAL COMMUNICATIONS Ms. Joy Ann Wendler, Cultural Arts Commission thanked the Council, City Manager and staff for improving the aesthetics in the City. In the contest for a sculptor at Westborough and Junipero Serra there were over 30 entries, which are in the foyer, and she invited Council to see before the judging in November. Mr. Pedro Gonzales, 804 Olive Ave., thanked Council for the opportunity for S.S.F. Unidos and the Oldtown Homeowners Assn. to take part in the Day In the Park, and they had made $1,000 for two scholarships. He reminded everyone to vote on Tuesday. COMMUNITY FORUM Councilman Fernekes commended Mike Demetroff for painting the letters on Sign Hill and being an Eagle Scout. Councilwoman Matsumoto stated she noted some confusion in ArtRise, and feels there should be a subcommittee to provide direction. She stated the farewell dinner for Senator Kopp will be held Friday 11/13/98 and Jim Dunbar will be the Master of Ceremonies. Vice Mayor Datzman stated the San Mateo County Convention & Visitors Bureau gave an endorsement to water ferries. Mayor Mullin related: attended the Mark Hopkins Hotel realignment meeting of the SFIA runway, of which there are six different options; this Friday there will be a community consortium on health, childcare, and a variety of services. Mayor Mullin called a recess at 8:30 p.m. Mayor Mullin recalled the meeting to order at 8:45 p.m., all Council was present. He stated Council- man Penna had an 8:30 p.m. appointment. Councilman Penna left the meeting. CONSENT CALENDAR Approved. 10/28/98 Page 2 ~GEND^ ACTION TAKEN CONSENT CALENDAR i. Motion- Continued. 10/7/98 and Special Meeting of 10/14/98. 2. Motion to confirm expense claims of 10/28/98..5-0 t ! Motion to cancel the Regular Meeting of 11/11/98, due to the holiday, and schedule a Special Meeting for 11/10/98. ~- ! ~,~ Resolution amending the Police Department budget to include $133,524.59 the Department will receive from the State under the Supplemental Law Enforce- ment Services Fund. ~'-/2 A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (NO. 99- 5) TO INCLUDE THE $133,524.59 THE DEPARTMENT WILL RECEIVE FROM THE STATE UNDER THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) PRO- GRAM Resolution awarding contract to Transworld Con- struction, Inc., in the amount of $2,165,000 as the lowest responsible bidder, for the Aircraft Noise Insulation Program Phase XVII. A RESOLUTION APPROVING A CONTRACT WITH TRANSWORLD CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $2,165,000 FOR CONSTRUCTION SERVICES FOR THE AIR- CRAFT NOISE INSULATION PROGRAM - PHASE XVII Resolution approving installation of stop signs at Alida and Ponderosa and Orange and Southwood.~--~d? A RESOLUTION AUTHORIZING THE INSTAL- LATION OF STOP SIGNS AT THE INTERSEC- TION OF PONDEROSA AVENUE AT ALHAMBRA DRIVE AND WEST ORANGE AVE- NUE AT SOUTHWOOD DRIVE Resolution amending the Police Department's budget to include $28,000 from the Office of Traffic Safety (OTS) grant, and accept the consulting agreement with Jan Ford of Public Information Directors. ,5'/20 CONSENT CALENDAR Approved in the amount of $2,169,928.37. So ordered. RESOLUTION NO. 129-98 Removed from the Consent Calendar for discussion by Mayor Mullin. Removed from the Consent Calendar for discussion by Mayor Mullin. Removed from the Consent Calendar for discussion by Vice Mayor Datzman. 10/28/98 Page 3 AGENDA ACIIQ_N TAKEN CONSENT CALENDAR Resolution - Continued. A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (99-6) TO ADD $28,000 TO THE POLICE DEPARTMENT BUDGET FOR THE AVOID THE 23 CAMPAIGN WITH FUNDING RECEIVED FROM THE OFFICE OF TRAFFIC SAFETY GRANT AND APPROVING A CONSULTANT SERVICES CONTRACT WITH PUBLIC INFORMATION DIRECTORS Resolution approving an amended contract for City Attorney services with Meyers, Nave, Riback, Silver and Wilson. A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE PROFESSIONAL SER- VICES CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MEYERS, NAVE, RIBACK, SILVER & WILSON Resolution awarding contract to Transworld Con- struction, Inc., in the amount of $2,165,000 as the lowest responsible bidder, for the Aircraft Noise Insulation Program Phase XVII. A RESOLUTION APPROVING A CONTRACT WITH TRANSWORLD CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $2,165,000 FOR CONSTRUCTION SERVICES FOR THE AIR- CRAFT NOISE INSULATION PROGRAM - PHASE XVII Resolution approving installation of stop signs at Alida and Ponderosa and W. Orange and Southwood. A RESOLUTION AUTHORIZING THE INSTAL- LATION OF STOP SIGNS AT THE INTERSEC- TION OF PONDEROSA AVENUE AT ALHAMBRA DRIVE AND WEST ORANGE AVE- CONSENT CALENDAR RESOLUTION NO. 130-98 M/S Fernekes/Matsumoto - To approve the Consent Calendar with the exception of Items No. 5, 6, and 7. Carried by majority voice vote, Councilman Penna was not present. Mayor Mullin asked why this was the first time we used this bidder when he was 75 % lower than the unsuccessful bidders. Mr. Valkenaar stated they had bid on earlier projects, but added in too much for condos. M/S Datzman/Fernekes - To adopt the Resolution. RESOLUTION NO. 131-98 Carried by majority voice vote, Councilman Penna was absent. Mayor Mullin feels there is low usage and ques- tioned the need for a three way stop sign. 10/28/98 Page 4 AGENDA ACTION TAKEN ...CONSENT CALENDAR 5. Resolution - Continued. NUE AT SOUTHWOOD DRIVE Resolution amending the Police Department's budget to include $28,000 from the Office of Traffic Safety (OTS) grant, and accept the consulting agreement with Jan Ford of Public Information Directors. ~l 2.0 A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (994) TO ADD $28,000 TO THE POLICE DEPARTMENT BUDGET FOR THE AVOID THE 23 CAM- PAIGN WITH FUNDING RECEIVED FROM THE OFFICE OF TRAFFIC SAFETY GRANT AND AP- PROVING A CONSULTANT SERVICES CON- TRACT WITH PUBLIC INFORMATION DIRECTORS PUBLIC HEARINGS Hearing - To consider Resolution of Necessity for 109 Longford; conduct Hearing, adopt resolution of necessity. .5'~'~ A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND LOCAT- ED AT 109 LONGFORD DRIVE AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEED- INGS CONSENT CALENDAR City Engineer Kianpour stated there are two con- cerns: the speed of traffic on W. Orange, and the School District property on Southwood creates a lot of queuing. He stated adding the stop signs reduces congestion. Councilwoman Matsumoto stated there are two major dips that slow her down. M/S Datzman/Fernekes - To adopt the Resolution. RESOLUTION NO. 132-98 Carried by majority voice vote, Councilman Penna was absent. Vice Mayor Datzman questioned the incentives. Police Chief Raffaelli related: it is for jackets that are provided and is a traffic safety grant for the officers; provides money for strike teams checking drunk drivers during the holidays; because of this there have been no deaths with the educational and enforcement efforts through New Years; Jan Ford spearheaded this. M/S Datzman/Matsumoto - To adopt the Resolution. RESOLUTION NO. 133-98 Carried by majority voice vote, Councilman Penna was absent. PUBLIC HEARINGS Mayor Mullin opened the Public Hearing. City Attorney Mattas related: 109 Longford is a residential property that has been in a boarded up condition; this is a hearing where the property owner can comment with regards to the issues, but it is the City's right to take the property; the issues are identified in the staff report; the hearing this evening is the City's right to condem the property; the prop- erty is boarded up and is a blighting effect and the City over a course of time had several discussions to acquire the property or fix it up and make it consis- tent with the neighborhood; unfortionately, staff has not been able to reach resolution, so we bring this 10/28/98 Page 5 PUBLIC HEARINGS ~. Hearing - Continued. A~ENDA 10/28/98 Page 6 ACTION TAKEN PUBLIC HEARINGS resolution of necessity to the Council; if the Council approves this we will move forward with the con- demnation and he will be given the purchase price for the property and there is a judication process where if there is a different value, they present it to the Court and they determine the value; it is always given at the fair public market value; after hearing from the property owner, staff recommends the Council adopt the resolution of necessity. Mr. Paul Kaufmann stated he is the owner of 109 Longford Dr. and related the following: this has been going on for 41 and 1/2 years of his life; in 1957 the City was informed that a contractor sur- veyed the house for it was going into the public easement; a letter was sent to him by Louis Goss, who notified Stonson and it was his responsibility to do the repair of the 30" pipe, if not the City would take care of it and bill Stonson - that was May of 1957; no one from the City came out to the house for many months until it was January of 1958; then the Chief Building Inspector, who was Mayor Rozzi's brother, came out and viewed the whole property and said nothing was wrong; his insurance company offered $7,000 when it was selling for $13,000; there is $7,300 of structural damage be- cause of the undermining of the storm drain on the property; after reading his report, that is on file in City Hall, which was a memo going to the City Council saying nothing was wrong; he attended many Council meetings at that time; he got to the point where he finally got the Director of Public Works out there and the City had no equipment and hired the Sheehy Drayage Co. and Mr. Goss went down the deep manhole because he had showed him pictures showing what was happening inside with the mortar falling off and into the manhole and it was in bad shape; Mr. Goss went down, hit the bottom, where there is a four foot culvert where the pipe leaves my property; he lived in the house for years and the house was built with drainage under the house; he had a claim filed with the attorney and a registered structural engineer helped with the claim in 1957; Mr. Goss came out of the manhole and said the line was as sound as a dollar; so that was when he took the pictures and they hired the finn from San Leandro; the Council was not happy with the pictures and he had an expenditure of $26,000; the City should have the engineer's report PUBLIC HEARINGS ~. Hearing - Continued. A~ENDA 10/28/98 Page 7 A~TION TAKEN PUBLIC HEARINGS (Woodward's) in file from 1958, some place in City Hall, and they said it was undermined and in bad shape; it was a well written report, but he ran into the same thing, some things were omitted; everything that goes on at 109 Longford - things are omitted; the manhole was out and it was realigned to take care of the off-set; he wants the Council to see what is out there today and showed a diagram that was in the Woodward report; since the City paid for the report there is no mention of the break in the 30" line - it was omitted; the City decided to do the repair work because we had heavy rains, and he had to take his wife and three children out of the house because the ground was disappearing, because there was a period of 19 years before any repair work was done out there; Mr. Goss showed that the 30" line was to grade and said to do repair work only to the 12" line; Associated got the bid and came out with heavy equipment to do the repair work; they had him sign a document that he would allow them to come in to excavate to a 14' depth to get to the 12" line; he fought for this and saved the City a disaster, because the 12" line would never have lasted that winter because the ground was going down and he was afraid for his family; the 30" pipe is 16' down and it takes time for the voids to collapse; they did a single hole which is down deep and there are voids that have to collapse first; the bid called for the work supposedly to be done on standard public works and under the Division of Highways, and it was not done to those specifications; he has the blue prints; what they did instead of putting the new pipe in, they took a piece of canvas and put a band around it and brought it down to grade; put two three quarter inch pipes and entombed it on concrete and it went on top of clip (sic); the soil was not good; when Associated Pipeline was out there they put a patch in the 36" line and closed it down; now the water that was going through couldn't go through; he did not know the house was built over a major storm drain; the City street was going down at Hilton and Hickey, and that is the next manhole that is 200' away - which he did not think was good engineering; most manholes are 300 to 500' apart; Associated Pipeline was out there and closed down the pipeline; he questioned City Hall on the bill and got a revised bill; he and his wife filed a claim against the City; City Attorney Noonan invited him to City Hall with Attorney Chatwick, who was with _PUBLIC HEARINGS ~. Hearing - Continued. AGENDA 10/28/98 Page 8 TAKEN PUBLIC HEARINGS Hartford Insurance Co., and a private attorney out of San Jose, because the City would not admit there was a problem with the storm drain and asked what would I like; he said he would like to be placed in another home with the same house payments - that was all he asked; Mr. Chatwick said he could not make a decision, come back next year, he did, and he said they could not give any more than what your insurance offered for $7,500 which is only for struc- tural damage; he asked that the house be fixed so he could live there; so he had to absorb the loss and did nothing, then he hired an attorney so the statute would not run out; he filed the law suit in San Fran- cisco rather in Redwood City and it took three years for a change of venue; so, after going through many demurs and motions to strike, his lawsuit was cut down to nothing against the City and Stonson, but after six and a half years he got into Court 12/19/66; he signed an agreement with the attorney and was supposed to have a jury trial and he made a deal with Stonson not to have a jury trial; he told his attorney he was not asking the right questions, espe- cially when Mr. Goss was a hostile person; the attorney said Mr. Goss was not in the office when this went through, so he had three days of it and went home to his wife; he decided not to go back to Court, for it was eating him up; he stated City people got up and perjured themselves; he cannot believe the staff report that you people want to buy into this property with redevelopment money when this property should have been investigated by engi- neers; the staff report says it is a single family home that has been vacant since 1994 - that is true; my wife and I tried to made the best of their lives in knowing we lost the case, but things started happen- ing in 1990 and he took in a letter to the City Clerk, which was clocked in, and to City Engineer Arthur Wong requesting an inspector; the staff report says the house was boarded up and left unattended, yet he is out there four times a week, there are no weeds in front or in back, and he is doing every- thing he was asked to do when he asked about what kind of plywood to use to board up the house; he has furniture at the house and there is no garbage or litter dumping, there are no illegally parked cars; there is a neighbor's car, there is a white cadillac that is out there day in and day out; his neighbors never say anything, they wish me well in his fight, that maybe some day he may come out of this mess PUBLIC HEARINGS AGENDA 10/28/98 Page 9 ACTION TAKEN PUBLIC HEARINGS for it is 41 and 1/2 years; he pays taxes of $214 a year; he went to the Assessor, for the structural damage is over $100,000 and why should he repair it when it still has defects, and the camera down the pipe in November says the 12" line has two off-sets; Dennis Chuck, 1/13/94 wrote a memo to him put out by Montgomery Watson, hired by the City, and they did camera work but again certain things were omitted; if you look at the film you can see the cracks, yet there was nothing put in the report about the cracks; again, this pounding of water in the line - there are problems there, and you can't hide it; last year he got money back for the sewer tax, yet as a property owner he has a voice in City govern- ment, and that is one reason why he is out here to tell the story; he sees that Mr. Gibbs was out to see the property and two years ago he said he was going to give me an answer; he talked to Mr. Gibbs during the year and the Assistant City Manager and again, one thing he has to say -- you people talk about an appraisal, which he brought to the attention of the City Manager, that the person signing the appraisal didn't see the property - his wife did, yet an ap- praisal certifies he was the one that came out there; so, that is why he is not taking the $213,000; he had a neighbor who was out there and he had her card; how can the City spend $207,000 when things are omitted from the report; he told the Assistant City Attorney Patrick Whitner on August 20, that he would not go along with it, so the Assistant City Attorney wrote a letter and said he could make a counter offer; he said he was not going to do it, he was going to dump it back and go on his constitu- tional right that just compensation will be paid, for the market value is $270,000 which the offer is below; he would like to have his rent money back, $38,000, for just compensation; he cannot ask more than what the law says he is entitled too, but in all fairness, but he is also told he is entitled to rent money; had the property been in livable space, he could rent it for $1,400 to $1,500 a month, but he is not asking for that; you give me $270,000, and $38,000 of the four years of rent and he hopes the City will finally take care of the problem that is out there and that is to demolish that house and do the property repair work to the storm drain; he has informed the Director of Public Works that there is movement there and the sidewalk is going down; he had an underground contractor who looked at the PUBLIC HEARINGS ~ENDA 10/28/98 Page 10 ACTION TAKEN PUBLIC HEARINGS film on his television set; he again asked for his just compensation; he offered documents to City Attor- ney Mattas two years ago next month, but people don't want to listen. Mayor Mullin stated, obviously, this has been a painful process for Mr. Kauffman. Ms. Sydney Marcroplus stated she lives around the corner from Mr. Kauffman. She stated Mr. Kauffman maintains his lawn better than any one. The cadillac is next door and there is no car parked in front of his house. He painted his home to draw attention and draw people to the problem. She thinks this is a pity - you work all your life for security and lose, and it makes her wonder how secure are their homes, are they going to be under- mined as well. She saw a letter talking about mak- ing a green space, and questioned if the taxpayers are going to pay for that. She feels that will bring a lot of litter where people dump shopping carts. She stated the neighbors want to see him be made whole again, and are praying for him. Mayor Mullin close the Hearing. City Attorney Mattas stated, the issue before Coun- cil is to adopt the resolution taking the property, and the issue of values are not before the Council. If this goes to a trial there will be an opportunity to put an evaluation, but the City did obtain an ap- praisal and the value was identified for a purchase price. The issue is the right to take and whether or not you believe there is a blight to exercise con- demnation to acquire the property. If you acquire the property, the aim is to rehab and put it on the market - that is the intent. There was discussion of a green space, but that is feasible because it is in the middle of the block. There has been a number of studies in 1994 by Montgomery Watson, who looked at the facility who cited his concerns, and Mr. Gibbs has looked at it, but he was not a structural engi- neer. Staff recommends that the Council authorize the resolution and we move forward with the rehab and Mr. Kauffman was with Mr. Moss and himself and worked with him for a resolution which they were not able to do. Mayor Mullin reopened the Hearing for the Vice ..-EUBLIC HEARINGS Hearing - Continued. AGENDA 10/28/98 Page 11 ACTION TAKEN PUBLIC HEARINGS Mayor to ask questions of Mr. Kauffman. Vice Mayor Datzman stated he wanted to make sure he understood, because this goes back 40 years and he went to Court 30 years ago for the problems and underwent a lot of frustration. Did he hear Mr. Kauffman say he paid $14,000 for the house. Mr. Kauffman stated he bought it for $11,500 as he was a veteran, and lived in it for 40 years when he found it was built over a major storm drain. In 1957 the houses were sold for $13,000 and the insurance offered $7,500, and in 1960 the houses sold for $14,000. He moved out of the house four years ago and rents an apartment in Burlingame. Mayor Mullin closed the Hearing. Discussion followed: staff's pictures were taken a year ago, but it looks pretty much the same today; Vice Mayor asked staff to look into it because he couldn't believe the blighted condition in a residen- tial neighborhood; the City spent money for im- provements, and we hope the residents will take care of their property; next to the property are flowers and a well manicured fence; the subject roof has a tarp over it, yet next door and the neighborhood takes pride in their property and the rest of the neighborhood is well maintained; he takes it the staff report is valid with the appraisal, and that number mentioned was refused; Councilwoman Matsumoto asked if the neighborhood was surveyed on whether or not that this is right, because the lawn was being maintained; the property does have a history of code enforcement; there were complaints with Sue Harris, and some of the issues have been resolved, but the blighted condition still exists; in terms of having the house in the condition of being boarded up and in a residential neighborhood, this house stands out, so staff did not walk and survey; the impact was part of the complaint; there are prior written complaints; the film does show some joint separation on a couple of the pipes, they also show some cracking and the entire pipeline was televised; Director of Public Works Gibbs stated he looked at the video tonight, the report stating that the water is standing there and if it was not standing there the joint would be open; there is a rubber ring to allow some movement during construction, for these pipes have been here A~ENDA ACTION TAKEN _ ,.PUBLIC HEARINGS }. Hearing - Continued. 10. Public Hearing - To consider PUD-98-059 and Cate- gorical Exemption for a Planned Unit Development to allow a two-room addition onto an existing 21-room motel with requested exceptions top standard parking and side yard setback requirements for the Economy Inn at 701 Airport Boulevard; Conduct Public Hear- __ ing; Motion to deny PUD-98-059. ~i)~ ouncilman Penna Returned to the Meeting. PUBLIC HEARINGS some 40 years; he met with Mr. Kauffman back in 1993, he has grown very found of him, because he aggravates him; this has been through five department heads, a number of staff and Council and was finally televised - the manhole, the big one, culvert that you see on the diagram; one would expect from the way it is built that there would be some settling; staff investigated the building and did not see extensive subsidence, and felt the work could be completed by spending $30,000 by using some of the exterior landscaping to do modest land- scaping that is compatible with the neighborhood; the tarp covering the roof is pretty ragged; what happens inside; staff is at a loss to come up with other options, they want it to come up to standard; consultants say the site is sound and we want to get the site back into compatible use in the neighbor- hood; staff is not interested in investing City funds, but want to clean up the site and that is why the recommendation to adopt the resolution, rather than allowing it to continue deteriorating; Mr. Kauffman wants to tell more of the truth; Mayor Mullin stated Council had listened to Mr. Kauffman for an hour; Vice Mayor Datzman stated the people at home can- not see the pictures of the house, but 109 Longford speaks for itself, staff has made all reasonable cf- forts to correct the negative influence on the sur- rounding neighborhood in Winston Manor; he pic- tures himself in trying to sell his home and people driving by and seeing a house like this, etc. M/S Datzman/Fernekes - To adopt the resolution. RESOLUTION NO. 134-98 Carried by majority voice vote, Councilman Penna was absent. Removed from the Agenda by the City Manager under Agenda Review. Councilman Penna returned to the podium at 10:07 p.m. 10/28/98 Page 12 AGENDA ACTION TAKEN //0 _ ADMINISTRATIVE BUSINESS 1. Resolution approving the S.S.F. Conference Center Authority's 1998-99 Budget. ~'~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AP- PROVING THE CONFERENCE CENTER FISCAL YEAR 1998-99 BUDGET 12. Resolution establishing a procedure for industrial disability retirement determination of local safety officer employees of the Public Employee Retirement System. ~- tgc~ O A RESOLUTION ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ADMINISTRATIVE BUSINESS Conference Center Director O'Toole related: the hotel activity is reflected to be flat; this is a conser- vative budget; 2.32% increase; the primary market is the corporate level; 76.3% occupancy, but she projected 78%; and projected 76% this time, even though the hotels thought it would be 85% occu- pancy, however, there is a leveling; the convention center is promotional and sells to a variety of mar- kets; the bookings generate hotel rooms. Councilman Fernekes complimented the Authority's staff, and stated the Authority is pleased with the budget and recommends its adoption. Vice Mayor Datzman commented: he was glad two Council/Subcommittee members approve the budget; concern about the leveling of business; keeping the facility looking attractive; commended the Subcommittee for allow- ing it to stay competitive. Mayor Mullin questioned what the contingency was for a $100,000 CIP. Conference Center Director O'Toole stated it was for catastrophic things like earthquakes, where noth- ing is done until needed. Discussion followed: there is an increase in the rental; $34,000 a month lease; City will be the landlord because of the Court decision. M/S Datzman/Fernekes - To adopt the resolution. RESOLUTION NO. 135-98 Carried by unanimous voice vote. City Attorney Mattas related: this is an administra- tive law proposal in the event of a termination; establishes a trained administrative law judge to make determinations to Council; this covers police and fire for PERS, but not building inspectors; there are two alternatives where a law judge brings it to Council, or the Council makes the final determina- tion: the ALJ process is Option No. 1 and is written as the default. M/S Matsumoto/Penna - To adopt the resolution. 10/28/98 Page 13 ~ENDA _AC!!QN TAKEN ADMINISTRATIVE BUSINESS 2. Resolution - Continued. 13. 14. 15. 16. Resolution awarding contract to Monterey Mechani- cal, Inc. in an amount not to exceed $41,444,000 for the Water Quality Control Plant Improvement Project. A RESOLUTION APPROVING A CONTRACT WITH MONTEREY MECHANICAL INC., GEN- ERAL CONTRACTOR, IN AN AMOUNT NOT TO EXCEED $41,444,000 FOR CONSTRUCTION SERVICES FOR THE WATER QUALITY CON- TROL PLANT IMPROVEMENT PROJECT Resolution approving an agreement with CH2M Hill, in the amount of $1,760,000.00, for the Water Qual- ity Control Plant Improvement Project. ~O'ff 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AN AGREEMENT WITH CH2M HILL TO PROVIDE CONSTRUC- TION MANAGEMENT SERVICES FOR THE WA- TER QUALITY CONTROL PLANT IM- PROVEMENT PROJECT AND APPROVE THE CONSTRUCTION MANAGEMENT BUDGET IN THE AMOUNT OF $1,760,000 Resolution of award of contract to Carollo Engineer- ing, in the amount of $1,600,000.00, as the lowest responsible bidder to support SDC contract provided to the WQCP. .5'"D '~ A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH CAROLLO ENGINEERS, IN THE AMOUNT OF $1,970,000 TO CONTINUE DESIGN SERVICES DURING THE CONSTRUCTION PHASE OF THE WATER QUALITY CONTROL PLANT PROJECT Resolution establishing a survey area for amendment of the El Camino Corridor Redevelopment Area. 5~gq A RESOLUTION DESIGNATING A SURVEY AREA ADMINISTRATIVE BUSINESS RESOLUTION NO. 136-98 Carried by unanimous voice vote. Removed from the Agenda by the City Manager under Agenda Review. Removed from the Agenda by the City Manager under Agenda Review. Removed from the Agenda by the City Manager under Agenda Review. Councilman Penna left the podium, because this is a land use issue, and the FPPC states he cannot take part in the discussion or vote due to the fact that he is a real estate broker. Coordinator of Economic & Community Develop- ment Beyer stated this is an amendment of the El Camino Corridor Redevelopment Area that requires Council approval. 10/28/98 Page 14 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Resolution - Continued. ITEMS FROM COUNCIL 17. Motion to cancel the Regular Meeting of 11/25/98 and call a Special Meeting on 11/24/98 due to the holiday. St GOOD AND WELFARE ADMINISTRATIVE BUSINESS MIS Fernekes/Matsumoto - To adopt the resolution. RESOLUTION NO. 137-98 Carried by majority voice vote, Councilman Penna was not present. ITEMS FROM COUNCIL Consensus of Council - To cancel the Regular Meet- ing of 11/25/98 and call a Special Meeting on 11/24/98. GOOD AND WELFARE No one chose to speak. CLOSED SESSION 18. Closed Session, pursuant to GC 54956.9, for a con- ference with legal counsel on existing litigation - North Bay landscape vs. City of S.S.F. ~ECALL TO ORDER: ADJOURNMENT: CLOSED SESSION Council entered a Closed Session at 10:28 p.m. to discuss the item noticed. Mayor Mullin recalled the meeting to order at 11:00 p.m., all Council was present, no action was taken, direction was given. MIS Fernekes/Matsumoto - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:01 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk ~2] City of South San Francisco APPROVED. City of South San Francisco he entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- ~ns, 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. 10/28/98 Page 15