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HomeMy WebLinkAboutMinutes 1998-11-10Mayor Eugene R. Mullin Council: James L. Datzman Joseph A. Fernekes Karyl Matsumoto John R. Penna MINUTES City Council Municipal Services Building Community Room November 10, 1998 ADDENDUM SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO NOVEMBER 10, 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 Tuesday, the 10th day of November 1998, at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to order. CONSENT CALENDAR 2. Motion to approve Minutes of the Regular Meeting of 10/14/98. 3. Motion to confirm expense claims of 11/10/98. 4. Motion to accept the ADA Miscellaneous Accessibility Upgrades Phase II Project as complete in accordance with the plans and specifications. 5. Motion to accept the Spruce Avenue Signal Interconnect as complete in accordance with the plans and specifications. 6. Resolution authorizing submittal of grant applications to the Bikeways and Pedestrian Advisory Committee and submission of proposed projects for Transportation Development Act, Article 3 funding. A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATIONS TO THE BIKEWAYS AND PEDESTRIAN ADVISORY COMMITTEE 7. Resolution authorizing submittal of grant application to the Bikeways and Pedestrian Advisory Committee per the Bicycle Advisory Committee. A RESOLUTION APPROVING THE ESTABLISHMENT OF A BICYCLE ADVISORY COMMITTEE AND APPOINTMENT OF COMMITTEE MEMBERS 8. Motion to accept the Alida/Ponderosa Storm Drain Project as complete in accordance with the plans and 11/10/98 Page 1 A~ENDA ACTION TAKEN CONSENT CALENDAR 8. Motion - Continued. specifications. Motion to accept the Repair Force Main and replace sluice gates as complete in accordance with the plans and specifications. 10. Motion to reject all bids for Orange Park Pool replastering. 11. Resolution approving an amendment to the 1998-99 Operating Budget to add $332,500 for use associated with the acquisition of 109 Longford Drive. A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (99-7) TO ADD $332,500 FOR USE ASSOCIATED WITH THE ACQUISITION OF 109 LONGFORD DRIVE WITH FUNDING FROM THE NON-DESIGNATED FUND RESERVE PUBLIC HEARINGS 12. Public Hearing - To consider modifying Use Permit 88-842/MOD 3 allowing indoor entertainment in the existing Shangri-La restaurant situated at 3963 Callan Boulevard, in the Retail Commercial (C-l) Zoning District, in accordance with SSFMC Sections 20.22.040(c) and 20.91.030 owner/applicant - Alex Tse; conduct Public Hearing; Motion to revoke the use permit through adoption of a resolution, or modify the use permit by adoption of a resolution or decline to make any change to the existing use permits which requires no further action. A RESOLUTION APPROVING A MODIFICATION TO USE PERMIT 88-842/MOD 3 IMPOSING ADDITIONAL CONDITIONS ON ENTERTAINMENT USES AT THE SHANGRI-LA RESTAURANT 13. Public Hearing - To consider PUD-98-059 and Categorical 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 Hearing; Motion to deny PUD-98-059 based on the findings in the staff report - continued from the 10/28/98 meeting, however, the Public Hearing was not opened. ADMINISTRATIVE BUSINESS 14. Resolution authorizing an agreement with Pinnacle BD, Inc., for architectural design and construction management services for the Spruce Elementary School. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $163,000 WITH PINNACLE DB. INC. TO PROVIDE ARCHITECTUR- AL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE SPRUCE ELEMENTA- RY SCHOOL RENOVATION PROJECT AND APPROVING AN AMENDMENT TO THE 1998-99 C.D.B.G. BUDGET(C.D.B.G. 99-1) TO APPROPRIATE $300,000 H.U.D. SECTION 108 FUNDS TO THE C.D.B.G. BUDGET FOR THE SPRUCE CLASSROOM RENOVATION PROJECT 15. Resolution awarding contract to Monterey Mechanical, Inc. in an amount not to exceed $41,444,000 for the Water Quality Control Plant Improvement Project. 11/10/98 Page 2 AGENDA ACTION TAKEN //~ ADMINISTRATIVE BUSINESS 15. Resolution = Continued 16. 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 CONTROL PLANT IMPROVEMENT PROJECT 17. Resolution approving an agreement with CH2M Hill, in the amount of $1,760,000.00 for the Water Quality Control Plant Improvement Project. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AN AGREEMENT WITH CH2M HILL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE WATER QUALITY CONTROL PLANT IMPROVEMENT PROJECT AND APPROVE THE CONSTRUCTION MANAGEMENT BUDGET IN THE AMOUNT OF $1,760,000.00 Resolution of award of contract to Carollo Engineering, in the amount of $1,970,000.00 as the lowest responsible bidder to support SDC contract provided to the WQCP. 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 ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 18. Closed Session, pursuant to GC 54957.6, labor negotiations for public safety managers, and pursuant to GC 54956.9, for a conference with legal counsel on existing litigation - S.S.F. vs. Siniora. ADJOURNMENT Dated: October 28, 1998 City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) AC_T!QN TAKEN 7:36 p.m. Mayor Mullin presiding. Council Present: Datzman, Femekes, Matsumoto and Mullin. Council Absent: Penna. Mayor Mullin stated Councilman Penna was out of 11/10/98 Page 3 AGENDA ACTION TAKEN LEDGE OF ALLEGIANCE: INVOCATION PRESENTATIONS AGENDA REVIEW ORAL COMMUNICATIONS COUNCIL SUBCOMMITTEE REPORTS CONSENT CALENDAR 2. Motion to approve Minutes of the Regular Meeting of 10/14/98. Motion to confirm expense claims of 11/10/98. ~'"z9/.-~ Motion to accept the ADA Miscellaneous Accessibility Upgrades Phase II Project as complete in accordance with the plans and specifications. state. Was recited. Rev. Francisco Baltodano, the Mission del Espiritu Santo, gave the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW City Manager Wilson stated there were no changes to the Agenda. ORAL COMMUNICATIONS No one chose to speak. Mayor Mullin related: he attended the Healthy City Symposium; 80 community members voiced con- cerns; it would allow non-profit agencies, the com- munity based organizations, the government, school districts and residents alike to meet and talk in groups and continue delivery of all services regard- less of income; it was a very successful day that was under the direction of the Director Community Outreach. COUNCIL SUBCOMMITTEE REPORTS Mayor Mullin related: recently attended the Airport Roundtable meeting, the next will be tentatively December second, which will be at the Millbrae Community Center; they are looking at six alterna- tive landing sites, but it looks like that is the direc- tion they are taking, and a report will come out; any changes will be advertised on cable channel three. CONSENT CALENDAR Approved. Approved in the amount of $1,864.895.28. Approved. 11/10/98 Page 4 A~NDA ACI!QN TAKEN CONSENT CALENDAR Motion to accept Spruce Avenue Signal Interconnect as complete in accordance with the plans and specifi- cations. ~'&'g dp Resolution authorizing submittal of grant applications to the Bikeways and Pedestrian Advisory Committee and Submission of proposed projects for Transporta- tion Development Act, Article 3 funding. .fiDS] dP A RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATIONS TO THE BIKEWAYS AND PEDESTRIAN ADVISORY COMMITTEE. Resolution authorizing submittal of grant application to the Bikeways and Pedestrian Advisory Committee per the Bicycle Advisory Committee. ~'O A RESOLUTION APPROVING THE ESTABLISH- MENT OF A BICYCLE ADVISORY COMMITTEE AND APPOINTMENT OF COMMITTEE MEM- BERS Motion to accept the Alida/Ponderosa Storm Drain Project as complete in accordance with the plans and specifications. Motion to accept the Repair Force Main and replace sluice gates as complete in accordance with the plans and specifications. ~6"~ 'g 7 10. Motion to reject all bids for Orange Park Pool replastering. 11. Resolution approving an amendment to the 1998-99 Operating Budget to add $332,500 for use associated with the acquisition to 109 Longford Drive. A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (99-7) TO ADD $332,500 FOR USE ASSOCIATED WITH THE ACQUISITION OF 109 LONGFORD DRIVE WITH FUNDING FROM THE NON-DESIGNATED FUND RESERVE 10. Motion to reject all bids for the Orange Park Pool replastering. CONSENT CALENDAR Approved. RESOLUTION NO. 138-98 RESOLUTION NO. 139-98 Approved. Approved. Removed from the Consent Calendar by Council- woman Matsumoto for discussion. Removed from the Consent Calendar by Mayor Mullin for discussion. M/S Fernekes/Datzman - To approve the Consent Calendar with the exception of Items No. 10 and 11. Carried by unanimous voice vote. Councilwoman Matsumoto requested an explanation of cost, it seems the longer you let something go, the more costly it gets and the bids contradict each other, and why a December date. 11/I0/98 Page 5 AGENDA ACTION TAKEN __.CONSENT CALENDAR 0. Motion - Continued. 11. Resolution approving an amendment to the 1998-99 operating budget to add $332,500 for use associated with the acquisition to 109 Longford Drive. ,fid'gq A RESOLUTION APPROVING AN AMENDMENT TO THE 1998-99 OPERATING BUDGET (99-7) TO ADD $332,500 FOR USE ASSOCIATED WITH THE ACQUISITION OF 109 LONGFORD DRIVE WITH FUNDING FROM THE NON-DESIGNATED FUND RESERVE PUBLIC HEARINGS 12. Public Hearing - To consider modifying Use Permit 88-842/MOD 3 allowing indoor entertainment in the existing Shangri-La restaurant situated at 3963 Callan Boulevard, in the Retail Commercial (C-l) Zoning District, in accordance with SSFMC Sections 20.22.040(c) and 20.91.030 owner/applicant - Alex Tse; conduct Public Hearing; Motion to revoke the use permit through adoption of a resolution, or modi- fy the use permit by adoption of a resolution or de CONSENT CALENDAR Director of Public Works Gibbs related: correct, it gets more expensive the longer you let it go, Park and Recreation Staff have looked at the pool and it can wait awhile, especially when one bid is 50% higher; the engineers are on the mark with $100,000 comparing it with the Airport Noise Contract, where one was twice as much as the other; you take a good look at the December date because there is less use, people are Christmas shopping. MIS Fernekes/Datzman - To reject all bids for the Orange Park Pool replastering. Carried by unanimous voice vote. Mayor Mullin requested an explanation on the $50,000 increase. Director of Economic & Community Development Van Duyn related: the appraisal is a year and half old and is an estimated amount; the City or the owner can have an appraisal done; it is possible the property, although in poor condition, could appraise higher. Vice Mayor Datzman requested clarification, was this the property described as a community eyesore. Director of Economic & Community Development Van Duyn said, correct. M/S Matsumoto/Fernekes - To adopt the Resolu- tion. RESOLUTION NO. 140-98 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Mullin opened the Public Hearing. Chief Planner Jim Harnish related: the use permits were subject to conditions for banquet facilities on Friday, Saturday and Sunday nights and were for private parties; the police department found viola- tions where the events were publicized on the radio and attracted persons not invited; the security guards were not approved by the police department; the 11/10/98 Page 6 A~NDA ACTION TAKEN 121 PUBLIC HEARINGS Z. Public Hearing - Continued. cline to make any change to the existing use permit which requires no further action. A RESOLUTION APPROVING THE MODIFICA- TION TO USE PERMIT 88-842/MOD 3 IMPOSING ADDITIONAL CONDITIONS OF ENTERTAIN- MENT USES AT THE SHANGRI-LA RESTAU- PUBLIC HEARINGS Planning Commission's hearing was to determine to modify the use permit; it included a required notifi- cation 30 days in advance to the police department of any activities held at the banquet facilities and no events were to be held until the City Council took action on the item; so as not to penalize private parties, those booked prior tot he Planning Commis- sion hearing, the Police Chief gave authority to go ahead, but no new bookings until Council took action; he added, the Police Chief was available tonight to answer questions regarding the police actions; and he is here to explain any specific use 3ermit questions. Councilwoman Matsumoto had a question for the Police Chief on three violations rather than two and between conditions five and two were there any overlaps. Police Chief Raffaelli related: two overlaps, three open parties that were held; two of them had secu- rity personnel not approved by the department, and the other was the open function itself. Vice Mayor Datzman questioned: is it not unusual to get telephone calls when you have an issue like this, and not unusual to have people make a recommendation and have somebody sit down with the Police Chief; if there is an issue, work their way through those issues with the Chief; did that occur, and are you comfortable with recommendations. Police Chief Raffaelli related: he did have meetings with Mr. Tse the owner; he received a letter first, and then had a meeting; they discussed the problems and how it could work out; discussed the recom- mendations we were going to make, and he was in agreement with that; we would impose a suspension immediately, but so as not to penalize the public, we allowed the booked parties to continue through October; now leaving it up for Council to impose additional suspension, but that will hurt the public again. Vice Mayor Datzman questioned did the staff report contain some other conditions or is it wrong. Chief Raffaelli replied, there is a 30 day waiting period, and we need, in addition, to know 30 days 11/10/98 Page 7 A~ENDA PUBLIC HEARING 2. Public Hearing - Continued. 11/10/98 Page 8 ACTION TAKEN PUBLIC HEARING period, and we need, in addition, to know 30 days in advance. Mr. Alex Tse, owner of the Shangri-La restaurant introduced himself and gave testimony: the purpose of the restaurant was for functions serving the com- munity; a function place for families for baptisms, weddings, birthdays and special functions for the Democratic Club meetings; he did not realize enter- tainment permits were for programs where singing and dancing occurred, the KMEL party he thought would be good to keep the young people off the street; he used Sheriff department officers for secu- rity, thinking it was o.k.; the mortality rate for a new business is very high in the early years, and he is seeking all the support he can get, and so any departments that can give service is appreciated; the Police came down to inform him of the violations; he realized he was wrong and it will not be repeated again, and asked for another chance to show he was a positive force in the neighborhood; he was al- lowed to continue with the parties booked, but not allowed to book any new parties in October; there was punishment for what we have done which he tried to protest, but they would not agree; usual business is 10-12 functions but we did not book any in October; he stated, he believed they were pun- ished already; he took a big loss in business and is sorry; he would rather go to jail; he wished Council would have leniency and compassion for his young business. Mayor Mullin stated he and his wife go there regu- larly. Mr. Marco Panoringan, 3540 Callan Boulevard, //206, SSF., related: being on the Daly City bor- derline, he felt he had to speak; he wants to con- vince the Council to support the plea of Mr. Tse; He acknowledged he made a mistake and realized it; he gave all kinds of reasoning; he has been penalized with no business in October and is en- couraging reconsideration to vote for the permit; stating Mr. Tse had to apply for a loan to stay open and he himself knows how hard it is to pay the rent with no income; he added there was not a security guard company list offered. Mayor Mullin closed the Public Hearing. A~DA _ PUBLIC HEARINGS ~. Public Hearing - Continued. 11/10/98 Page 9 TAKEN PUBLIC HEARINGS City Attorney Mattas stated this was an evidentiary hearing, and they must weigh the information in the staff report. Councilwoman Matsumoto asked for clarification, is this an on-going situation to be monitored over six months. Chief Raffaelli stated yes, they were to report to the Planning Commission any findings going on during that time for an assessment for any more modifica- tion. When he applied for the permit, it was only for small functions, and was to notify the Police Department, to determine if private security was needed, or if police officers were needed, then the person who is renting the hall makes arrangements through the companies, none of this was reported and there were some reports of officers working there, and there was the open public invitation on KMEL; then if its like an emergency, and the 30 day report options are not available, then Mr. Tse can call Officer Hart and arrange that function. Councilwoman Matsumoto stated she would like to support the owner, however, she has a major problem with that, due to the fact, there were three violations and feels the police department has better things to do with their time than to monitor Mr. Tse's business. You are a responsible man, you agreed to the terms, and then turn around with three violations. She hoped he understood where she was coming from, and does not want to see him there again. Vice Mayor Datzman stated, for the record, there is an error on the title sheet to be changed from musi- cal code section to municipal code section. City Attorney Mattas stated it will be corrected. Vice Mayor Datzman related: if he understands things correctly, and early on there was a thorough job done by the Planning Commission reviewing and hearing testimony and getting feedback from people; initially someone comes in and is given guidelines and stipulations, perhaps there was a misunderstand- ing, a misunderstanding times three; being clearly aired out by the Planning Commission, you would think it there was not a list of security to call, A~ENDA ._I~UBLIC HEARING 2. Public Hearing - Continued 11/10/98 Page 10 ACTION TAKEN iz'-/ PUBLIC HEARING your next step would be to call the police depart- ment, or call Chief Raffaelli. Councilman Fernekes stated he also has an issue with this, being three times, not once, and he also supports the recommendation. Mayor Mullin stated there is a need for clarification, there were three violations and KMEL was clearly an unauthorized function. Chief Raffaelli reiterated, Mr. Tse had knowledge of what functions he could have and could not have. Mayor Mullin was concerned that the owner would lose business through November. Chief Raffaelli restated he has options on a case by case basis through contact with Sergeant Hart. Vice Mayor Datzman requested clarification for there was already a drastic reduction in bookings due to a penalty period in October, do we want to consider that, or an additional penalty. Chief Raffaelli stated he felt that the 30 day notifi- cation took care of that, and any December book- ings are already in the 30 day requirement. Mayor Mullin requested definition from the City Attorney on the Planning Commission staff report verbiage on September 17th, the bottom line, he thought, the security used was the off duty San Mateo County Sheriffs and they would be on an approved list, and the public is permissively invited. City Attorney Mattas stated it should be indeterminately. Chief Raffaelli stated for clarification it was not San Mateo County, it was San Francisco Sheriffs. We use private security or our own policemen, although it was the San Francisco Sheriffs, it did not appear as if it was in official capacity, and it appeared as if it was a side job. Mayor Mullin closed the Public Hearing. MIS Datzman/Fernekes - To adopt the Resolution. A~ENDA A~TION TAKEN PUBLIC HEARINGS !. Public Hearing - Continued. RECESS: RECALLED TO ORDER: 13. 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 a side yard setback requirements for the Econo- my Inn at 701 Airport Boulevard; Conduct Public Hearing; Motion to deny PUD-98-059 based on the findings in the staff report - continued from 10/28/98 meeting, however, the Public Hearing was not opened. PUBLIC HEARINGS RESOLUTION NO. 141-98 Carried by majority roll call vote. Mayor Mullin declared a recess at 8:31 p.m. Mayor Mullin recalled the meeting to order at 8:37 p.m., and all Councilmembers were present. Mayor Mullin opened the Public Hearing. Chief Planner Harnish related: The project was originally approved in 1980 with 21 rooms and 27 parking spaces; in 1982 the applicant requested to add two rooms and at that time it was denied; they wish to add two rooms and expand two existing rooms under the ones being built; one being made into a handicap accessible room; the entire building is slated to be remodeled; with the expansion of the two rooms, the parking will be reduced by two parking spaces; the landscaping will be upgraded; the remaining landscaping will be reduced by 125 sq. ft. and will be 15% of the site; the applicant will donate $500 to the cultural arts fund; he continued with a slide show of how these areas would be changed, and photos showing the areas as they would look; the Planning Commission held two hearings and supported the two upgrades, however, their concerns were over the PUD process and a way of modifying the process; originally the appli- cant requested a variance; findings for a variance are very specific - so, it was decided this was the only vehicle, for this type of change; it allows the applicant to deviate from existing standards in ex- change for some community benefits or amenities, but the Commission found this project did not come up to that level; the Commission was looking for some direction from Council so as to be consistent with the Council policy and recommended that you agree with their findings, and deny the PUD. Mayor Muilin asked if Council had any questions of the Chief Planner, before testimony of the applicant. Councilwoman Matsumoto questioned why did staff, if denied twice, make this recommendation. Chief Planner Harnish related; we deliberated at some length, had some of same the concerns as the 11/10/98 Page 11 AGENDA _PUBLIC HEARINGS 3. Public Hearing - Continued. 11/10/98 Page 12 ACTION TAKEN PUBLIC HEARINGS Commission, recommend approval based on the fact that the PUD process has been used in the past for variations from existing standards; he looked at the parking studies, and he personally went out in the evenings to confirm the numbers, as parking was the issue and with that resolved, then the only minor issue was the landscape. Councilman Fernekes inquired if there were other PUD in the area related to parking; what does the City ordinance state. Chief Planner Harnish related: there was another motel down the street, and is not certain if a PUD was used; the guideline is one parking space per room, and there is some reduction, or other criteria being met, such as airport related shuttle bus service and this does not have that. Mayor Mullin announced the applicant could now speak. Mr. Lou Dell'Angela, representing Motel Partners and Ken Ameen, representing the ownership and Ron Kerner is the architect. He responded to Coun- cilman Fernekes questions: there were two PUD, one on the Armour Motel with 34 rooms and they do not provide 35 parking spaces, for the Council heard the PUD and granted a waiver for three parking spaces and a variance; there is not a side yard setback and landscape, and is less than 5 % and United Sign Company; so a precedent has been set on the street, and he respectively requests your approval; the project is requesting very minor ex- ceptions to city codes; $200,000 of improvements to the exterior of the building, providing $10,000 in landscape on the side, the design was approved by the Design Review Board, as well as, the landscap- ing been approved by staff; we are trying to achieve what the City wants in the revitalization of the Airport Boulevard area; it is privately funded so there is no redevelopment funding; in two public hearings staff accepted, and recommended a de- tailed landscape plan and the parking being planned was going to work on site; the parking was verified; on the landscape issue they hired an archi- tect and were very certain they had addressed all the con- cerns, and were amazed at the second hearing concerns, and were amazed at the second hearing AGENDA PUBLIC HEARINGS 3. Public Hearing - Continued 11/10/98 Page 13 A~ION TAKEN /:z7 PUBLIC HEARINGS results of the Planning Commission; we feel it fulfills all the City's requirements for the revitaliza- tion; we feel it will set a good example in the neigh- borhood; we have used PUDS for the last 15 years for projects big and small; he checked with planning records, 31 PUDS have been approved over the last three year period; he passed a copy of the list to Council and the Clerk; we are talking about a $200,000 project and there will be a very soft look on the front, the Ameen family are good business people without the major renovations they would not be able to make the major improvements as they can now; he may have caused a misunderstanding in a comment at the Commission meeting, they will continue to improve the building and surroundings over time, if not approved. Mayor Mullin closed the public hearing. Vice Mayor Datzman related: on page 5 of the staff report, in the second hearing of the Commission, he could see why a possible misunderstanding may have occurred, that has been clarified; I see where the staff looked at a project and felt the PUD pro- cess was an appropriate approach, we see the plus and minus, the two rooms being added, the one with handicap access, the remodeled exterior, upgraded landscaping, and a $500 contribution to cultural arts; the possible minus being a 1% reduction or a little more than that of landscape, and two parking spaces; was a continuance due to landscape and neighborhood parking. Chief Police Raffaelli stated a parking study was done and there was no impact to the neighborhood. Vice Mayor Datzman pointed out the landscaping in the area being two parks and a business across the street, which looks better, but his concern is the maintenance. Councilman Fernekes related: concern over the dif- ference between this project and what the require- ments would be for a new project; compact spaces; impact to the neighborhood; and shuttle service. Chief Planner Harnish related: the requirement would be 27 parking spaces, and that equates to what is presently there, which are three compact A~ENDA PUBLIC HEARING 5. Public Hearing - Continued. 11/10/98 Page 14 ACTION TAKEN PUBLIC HEARING spaces; the only shuttle service is a private contract they hold with truckers. Councilwoman Matsumoto stated she agreed with the Vice Mayor, with an exception, what about addition of one room instead of two. She agrees with the revitalization and the whole plan, but is concerned about the land being maintained. She is seeing a lot of money, $10,000 going in, and no conditions for a gardener, which she would like to see. Chief Planner Harnish related: there is a standard three condition requirement being met, in answer to the one room addition, it would take up only one parking space. They originally looked at a post, but being enclosed would be better and the rooms are smaller so that is the idea behind extending them out. The applicant offered the $500, but if they calculated out the 124 square foot it would equal $950. Vice Mayor Datzman inquired if, in the future, staff could number the pages in the staff report it would be easier to find what concerns him; who conduct- ed the two week study on the occupied parking spaces, as it shows only one time in two weeks they were all occupied; is staff satisfied with this. Chief Planner Harnish related: it was the hotel manager; when they conducted a study, it was only in the daytime there has been no reports to the police department. Councilman Fernekes asked if anyone inquired with the hotel customers or neighbors to see if any cus- tomer had to park on the street. Chief Planner replied there was no such calls or reports. Mayor Mullin related: he did an extensive study, so much so he had to explain to his wife why he was gone so long; he was there four times and the lot was not full; he is not happy with a PUD being used as the vehicle for a project of this size; he suggested a study session to look into the PUD process and its use. There was a letter addressed to Senior Planner Kalkin relating the project suggested the A~DA PUBLIC HEARING L Public Hearing - Continued 11/10/98 Page 15 ACTION TAKEN PUBLIC HEARING City will benefit not only in appearance, but tax revenue; he wanted a better explanation, of the PUD process. Chief Planner Harnish related a PUD is used on a difficult property with steep slopes, to preserve open space, or create open space, and is the exception rather than the rule, however, we do not have a definite process at this time; he said he would sup- port a recommendation directed to staff from Coun- cil, and back to the Commission for some other process. Mayor Mullin stated, in his experience when he was in the Planning Commission back in the 70's things have changed so, if we impose a change it could create a hardship on the applicant. Vice Mayor Datzman inquired about the blank ordinance in the packet as being the proper vehicle for approval, if the motion had not been denied, and asked the City Attorney for direction. City Attorney Mattas related if the Council would not uphold the prior denial by the Planning Com- mission the direction would be, to direct staff to come back to you at your next meeting with a reso- lution approving the project as proposed; as there are specific requirements under a PUD and the reductions of parking are present, so have staff come back with the proposed resolution drawn for approval, which would go on the consent calendar at the next meeting. Councilman Fernekes asked, could you describe the benefits to the Community. Chief Planner Harnish stated there is not a clear reason, the benefits are so minor they do not meet that typical level. M/S Datzman/Matsumoto - To approve the informa- tion contained in the original staff report recom- mending PUD-98-059 based on the comments to - night, motion to include direction for staff to come back with a resolution approving the project for Council consideration on the Consent Calendar. Carried by majority roll call vote, Councilman A~ENDA ACTION TAKEN .._PUBLIC HEARING 3. Public Hearing - Continued ADMINISTRATIVE BUSINESS 14. Resolution authorizing an agreement with Pinnacle BD, Inc., for architectural design and construction management services for the Spruce Elementary School. .5-O~ O A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $163,000 WITH PINNACLE DB. INC. TO PROVIDE ARCHITEC- TURAL DESIGN AND CONSTRUCTION MAN- AGEMENT SERVICES FOR THE SPRUCE ELEMENTARY SCHOOL RENOVATION PROJECT AND APPROVING AN AMENDMENT TO THE 1998-99 C.D.B.G. BUDGET (C.D.B.G. 99-1) TO APPROPRIATE $300,000 H.U.D. SEC- TION 108 FUNDS TO THE C.D.B.G. BUDGET FOR THE SPRUCE CLASSROOM RENOVATION PROJECT PUBLIC HEARING Fernekes voted no. ADMINISTRATIVE BUSINESS Director of Public Works Gibbs gave the staff re- port: instructing the architect to go in and examine this structure to see how it was built, when it was built, where it was built; once that established, he will draw up some working drawings to publish a bid package, whereby we can get some costs of the remediation of the gym; the cost is $163,000, once the bid documents have been prepared and bids received, then the construction manager will execute the subcontract work; we will then actually contract for the renovations. City Manager Wilson related: if this appears a little bit different to you, it is; this is our first ex- ploratory attempt of a design built concept, and in research we found we are not eligible; the law has not progressed to the point where one, all cities can attempt it because design built work has only been approved for a handful of cities who have received special legislative approval; there was an adoption effort to put out legislation allowing design built, but it did not get out of the Governors office, but this does allow the city to follow a design build, but we have to bid out the product; the bidding we would actually conduct, then we assign it out to the architect, then we decide on a fixed price and he delivers the work for us; this is a unique building which we are all familiar with and is shrouded with all sorts of potential problems, as all remodels are, especially when you have to satisfy the field act. Mayor Mullin requested clarification on design build. City Manager Wilson stated, typically you have a situation where the city would hire an architect, the architect would design the project, he would then issue the bid out and a separate contractor would bid on it. The project would be done according to those findings, and in this process we are having an archi- tect/construction manager go out to bid that through the RFP process and receive some selections based on a variety of issues, right now it would still be Pinnacle, they would do the exploratory work with staff, would come up with a design for the building 11/10/98 Page 16 AGENDA ACTION TAKEN /-~/ ADMINISTRATIVE BUSINESS ¢. Resolution - Continued 11/10/98 Page 17 ADMINISTRATIVE BUSINESS we would find acceptable. Then the city would bid this project out, and when the bids come in we would be subcontracting the builder out, not as in general contracting. The manager would then bid out as a general contractor. We wanted to explain this before we went any further, so as not to have confusion when we get into later steps in this pro- cess, so, we are eliminating who would be the general contractor in this case. We are recommend- ing that Pinnacle carry the roll of architect calling it a construction manager, but he would be a general contractor and what we would be doing is biding out the subcontractor. Director of Public Works Gibbs added, it is expedi- ent and cost effective. Mayor Mullin stated any chance of asbestos in a building that old. City Manager Wilson replied yes. Director of Public Works Gibbs said probably in the tiles and most certainly lead based paint. Mayor Mullin stated what we save on one end will go out in the other. Vice Mayor Datzman stated for the general public and the benefit for those who do not remember why are we doing this, the purpose of the 15 year lease and 10,000 square foot is for - the learning center. We look at a project and said this looks like the right place for the learning center, it sounds like once we started taking those additional steps we ran into some issues that did not occur, there is possible structural, and potential water damage inside. Director of Public Works stated we will not know the issues until we do demolition and open up some ceilings and walls. Vice Mayor Datzman related we have to do all that first. City Manager Wilson related this process allows us to get some numbers that are possible, then we can terminate this and seek another site. A~ENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS Resolution - Continued, 15. Resolution awarding contract to Monterey Mechanical Inc. in an amount not to exceed $41,444.00 for the Water Quality Control Plant Improvement Project. A RESOLUTION APPROVING A CONTACT WITH MONTEREY MECHANICAL INC., GENERAL CONTRACTOR, IN AN AMOUNT NOT TO EXCEED $41,444.00 FOR CONSTRUC- TION SERVICES FOR THE WATER QUALITY CONTROL PLANT IMPROVEMENT PROJECT ADMINISTRATIVE BUSINESS Mayor Mullin related it's a great location given the other services orbiting in the area. He stated; some of the old timers, of which I guess I am one, said when they tried to tear down the original high school which was the gymnasium and upholstering shop it was a very difficult job to knock it down because the concrete was so thick and strong. M/S Fernekes/Matsumoto - To adopt the resolution. RESOLUTION NO. 142-98 Carried by unanimous voice vote. Director of Public Works, Gibbs related: at the beginning of the meeting requested a correction in the amount of $44,000 in the item read; when giv- ing the staff report his presentation contained all three staff reports, one is an award for the construc- tion of the Water Quality Control Plant improve- ments, the construction management contract, and for the design engineers to supply their design ser- vices through the construction project; the plant is shared with San Bruno; he was showing where we stand now and how we arrived there; three years ago a study was done to show the capability of the plant, tested for stress, and found it over loaded, we were running 8 million MGD's, the immediate needs were 9; we used a chemical process at the front end to help with the BOD levels; we could artificially increase the plant capacity; the plant does not meet the wet weather capacity we have to put into place; we are in violation with the Water Quali- ty Control Board; we were sued by United Anglers who used our own recording data against us; he proceeded to show a layout of the new maintenance buildings in front, new clarifiers, new aeration basins, he then showed the current maintenance buildings, explaining there is really no way they could be redone except superficially, the new main- tenance building is cost effective, some new offices next to the current buildings and a new laboratory, which was way over one million the current vacuators will be demolished; there will be a visitor parking area, a new head works and effluence sta- tion, new piping, new eeo pumps for discharge into the bay, secondary clarifier, chlorine contact basins where the sludge ponds are now; a dewatering building, primary clarifiers with a pump 11/10/98 Page 18 AGENDA _._ADMINISTRATIVE BUSINESS 5. Resolution- Continued. 11/10/98 Page 19 ACTION TAKEN ADMINISTRATIVE BUSINESS dewatering building, primary clarifiers with a pump station between them, digester control building, new aeration building, which pushes the air into the 3asins to help with the bugs as they generate, of course, keeping the Tillo operations as is right now; Tillo at this point at 8.7 MGD maxes out, and is why we need the dewatering building as it dewaters the sludge and enables it to be taken to a dumping station or dump site. Tillo is maxed out and the in- crease in the plant capacity will be taken care of by the dewatering building. Trux development will be coming in on the fingers next to Tillo. Mayor Mullin asked if Tillo had greater space, could they increase their product. Director of Public Works Gibbs related the pipes would have to be enlarged. Mayor Mullin then added, so we will have increased trucking of dry sludge getting into the 13 mil MGD, and will this impact the 50%, and what are the options. Director of Public Works Gibbs related yes, which is pretty normal for this time and we do intend to keep Tillo going as much as we can. The regula- tions are based on the 1990 tonnage, so we have a waiver. He went over a hand out going over the flow projections and usage requirements going out to the year 2020. The plant is at 9.5 MGD; there is an additional 150,000 gallons coming in from Genentech which is very clean water, so we are playing catch up, we predict the year 2012 the plant will be maxed out. Mayor Mullin stated by then the City will have reached capacity. Director of Public Works Gibbs stated we went after a state revolving loan rather than bonds; one thing not paid for in the loan is a change order contingency we show to you at $2.1 million that is 5% of the construction cost, $41 mil is not totally for construction it is also for equipment; construc- tion management construction management is a covered service due in construction the Bay Conser- vation and BDCD trail improvement permit which was negotiated. We took Trux under our wing in A~ENDA --ADMINISTRATIVE BUSINESS 5. Resolution - Continued 11/10/98 Page 20 A~TION TAKEN ADMINISTRATIVE BUSINESS around the project and will require us to build a foot bridge so BCDC gave us our permit and it has been signed and recorded. Vice Mayor Datzman said, so that $41 million con- tains landscaping. Director Public Works Gibbs stated yes, the cost is 905 to us and San Bruno is 10%; improvements will be 74% us, 26% San Bruno; Colma and Daly City were left out because usage is only 1% and wet weather will be 60/40, SSF will be bearing 83% and San Bruno 17% of that package, due to length of sewers, now the rates, we went back into the struc- ture on series basis of operation with an increase of CPI per anum. We took in $1.2 million for the CPI for the in town infrastructure plus the cost of the improvements, in the October, 1997 meeting $203 per year will now be $211 per year. The wet weather facilities required an additional loan and it is built into the loan, Lois Stowell the finance con- sultant as well as Mike Britton the project manager are here for questions. In 2004 we will come back to Council going for a three year rate base of $311 residential, and in near future I will submit a con- nections rate fee analysis. Councilwoman Matsumoto asked if she could ask questions on all three staff reports, at this time; she had a concern on a chart on page 104, five items down as it was blacked out; what is an A & B license, she requested an explanation. Does Monterey Mechanical have all. How was the selec- tion process negotiated; Director of Public Works Gibbs explained an A license is the top license you can get, it allows the contractor to do any part of the work he chooses, a B license is specific to the type of work like elec- trical or concrete, a C license is hazardous waste. Monterey Mechanical holds all licenses, the selec- tion process includes ranking and the interviewing team is personnel. Vice Mayor Datzman asked if there is a way to present this for commercial use. He feels we should draw some similar kinds of comparisons to show consideration for the commercial sector. A~ENDA AC!!Q~ IAKEN A_DMINISTRATIVE BUSINESS 5. Resolution - Continued. 16. Resolution approving an agreement with CH2M Hill, in the amount of $1,760,000.00 for the Water Quality Control Plant Improvement Project. ._~o 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 IMPROVE- MENT PROJECT AND APPROVE THE CONSTRUCTION MANAGEMENT BUDGET IN THE AMOUNT OF $1,760,000.00 17. Resolution of award of contract to Carollo Engineer- ing, in the amount of $1,970,000.00 as the lowest responsible bidder to support the SDC contract pro- ..... vided in the WQCP. .~ "7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH CAROLLO ENGINEERS, IN THE AMOUNT OF ADMINISTRATIVE BUSINESS Director of Public Works Gibbs stated yes. City Manager Wilson stated there is a formula the Federal Government demands you show in equitable systems, it is designed to meet your loads and there should be a similar ratio to residential on a pro-rata share. Mayor Mullin questioned how do we come in with a lower rate structure in comparison to other Cities. Director Public Works Gibbs related the only com- parison he could think of is San Bruno, being low until they got into this program, and did not have a definite program of expansion and improvement as we do each year. Public works will be starting a program of tracking the sewer systems to include the date constructed, when last maintained, what repairs were done, what needed to be replaced and we need that for a level of confidence, we need a preventative maintenance budget. M/S Fernekes/Datzman - To adopt the Resolution. RESOLUTION NO. 143-98 Carried by unanimous roll call vote. M/S Datzman/Fernekes - To adopt the Resolution. RESOLUTION NO. 144-98 Carried by unanimous voice vote. M/S Matsumoto/Fernekes - To adopt the Resolu- tion. RESOLUTION NO. 145-98 Carried by unanimous voice vote. 11/10/98 Page 21 ~ENDA ACT!~N TAKE~ __ADMINISTRATIVE BUSINESS 17. Resolution - Continued. $1,970,000 TO CONTINUE DESIGN SERVICES DURING THE CONSTRUCTION PHASE OF THE WATER QUALITY CONTROL PLANT PROJECT ADMINISTRATIVE BUSINESS ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 18. Closed Session, pursuant to GC 54957.6, labor nego- tiations for public safety managers, and pursuant to GC 54956.9, for a conference with legal counsel on existing litigation - S.S.F. vs. Siniora a, DJOURNMENT: ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION City Manager Wilson stated closed session was not needed this evening. M/S Fernekes/Datzman - To adjourn the meeting. Carried by unanimous voice vote. 'rime of adjournment was 10:34 p.m. RESPECTFULLY SUBMITI~ED, Mary L. EOlt, Deputy City Clerk City of South San Francisco APPROVED. Eci'~l~f ~ u ~ u~ h~ 'F rMaanYc~ o The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 11/10/98 Page 22