HomeMy WebLinkAboutMinutes 1999-06-23V ok .SS
MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
JUNE 23, 1999
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
CALL TO ORDER:
(Cassette Tape No. 1)
ROLL CALL: Present:
Councilmembers Fernekes, Mullin and Penna, Mayor Pro
Tem Matsumoto and Mayor Datzman.
Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION: None given.
PRESENTATIONS
· Public Safety Awards
Police Chief Raffaelli presented Certificates of Recognition to South San Francisco citizens
Ms. Barbara Rubino, Ms. Judith Henkle, Mr. Raul Gutierrez, and Daly City Police Detective
James Murphy for their civic actions and police assistance. Certificates of Commendation
were presented to South San Francisco Police Officers Michael Rudis and Eric McDaniel for
their heroic efforts at a serious multi-car accident, on a busy freeway, while off-duty.
Fire Chief Lee presented a Certificate of Excellence to Fire Captain Dick Dennin for taking
the lead in researching fire specifications for fire apparatus. A Certificate of Recognition was
presented to Fire Captain Tom Azzopardi for his efforts to re-initiate the United States
Search and Rescue Team. A Certificate of Recognition was presented to Firefighter Jeff
Gatton for his efforts in initiating a department respiratory protection program. A Certificate
of Commendation was presented to Dr. David Witt, Kaiser Hospital, for his cooperative
efforts working with the South San Francisco Fire Department's paramedic program, and a
Certificate of Commendation was presented to Mr. Dino Fontana for assisting an unknown
injured pedestrian who did not speak English (residents Virginia Chavez and Helen Heenan
were also recognized for their assistance, but were unable to attend the ceremony).
(Recess: 7:55 p.m. - 8:05 p.m.)
BART Monthly Update - Ms. Jaymie Steen presented a slide presentation and briefly
updated the Council on current construction. She stated that one mile of tunnel excavation is
completed and that 30 feet a day is being tunneled. She also reviewed the community
outreach efforts to keep residents informed.
Councilman Mullin asked what type of discharge will be coming from the ventilation ducts at
Chestnut Avenue and Ms. Steen offered to bring a BART engineer with her next month to
explain the emission system.
Mayor Datzman briefly mentioned his walk through the tunnel on June 12th with
Congressman Lantos and stated his appreciation for the complexity of the tunneling.
AGENDA REVIEW
City Manager Wilson requested Agenda Item No. 18 be removed, and Agenda Item No. 14 be
continued off-calendar.
ORAL COMMUNICATIONS
Ms. Kathleen Beebee, AFSCME Business Agent, speaking on behalf of the members of Local
829, thanked Council for the support they gave to the UCSF/Stanford laundry facility workers,
and Mayor Datzman and Councilman Mullin for appearing at the Board of Regents meeting to
present their letter of support.
COMMUNITY FORUM
Councilman Penna stated he had a concern regarding the proposed Extended Stay Hotel at Bay
West Cove. City Attorney Mattas informed Council that this item will be coming forward with a
modification to the precise plan (Redevelopment Agency) and recommended that comments be
held until then.
Mayor Pro Tem Matsumoto reported on the following:
· thanked those who attended the Cultural Art Commission's Mural Dedication at South City
Ford on June 12
· Poetry Night at the Morning Brew (June 10) was successful and will be held three times a
year
· the Bonsai Exhibit is June 25-27, 1999, in the Betty Weber Room with a demonstration
Sunday afternoon, June 27, 1999
· attended a County-wide summit on affordable housing, to discuss methods of encouraging
affordable housing in communities, and developing legislation at both the federal and state
level
· attended the Bay Clean-Up on June 12
· attended the Council of Cities Legislative Committee meeting; the Committee reached a
consensus to oppose AB670 (BART acquiring land for transit oriented development)
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Councilman Mullin reported that he attended the June 12 Bay Clean-Up, and watched an
outstanding performance at the South San Francisco Recreation Department's Annual Ballet
Recital at E1 Camino High School on June 19, 1999.
Councilman Fernekes stated he attended the following:
· Poetry Night, and commended Cultural Arts Commissioner Dennis Crossland for organizing
the event
· Cultural Art Commission's mural dedication at South City Ford
· Police Officer Mike Dickson's retirement brunch
· visited the UCSF/Stanford laundry facility and spoke with several employees with Mayor Pro
Tem Matsumoto
· Bay Clean-up on June 12
· Lou Papan's discussion of the State Budget with staff on June 12
· Juneteenth Celebration at Westborough Park on June 12
Mayor Datzman stated that he also attended the Juneteenth Celebration and thanked Ersie
Johnson and the Westborough community for their hard work. He reported that he attended a
meeting of the Metropolitan Transportation Commission concerning continued funding for the
BART/SFO project.
COUNCIL SUBCOMMITTEE REPORTS
Councilman Fernekes stated that the Conference Center Authority Subcommittee
(Fernekes/Penna) met to discuss an orderly rotation of the subcommittee. The recommendation
is a two year rotation, with Councilman Fernekes stepping down on December 1, 1999, followed
by Councilman Penna stepping down December 1, 2000. It was also recommended that
Councilman Penna's replacement be appointed to the San Mateo County Convention and
Visitors Bureau, as both appointments are tied together. He reported that the Day in the Park
Subcommittee (Fernekes/Matsumoto) met with staff and the day will start off with a pancake
breakfast. He further reported that the School Liaison Subcommittee (Fernekes/Datzman) met
with the School District Subcommittee (Latham/Dell'Angela) and it was agreed that the
Sunshine Gardens park renovation be put on hold. A second item discussed with the School
District Subcommittee was a second educational summit in Spring 2000, more details will be
forthcoming.
Councilman Mullin reported on the Airport/Community Roundtable Review Subcommittee
which is looking at the Roundtable's structure with the possibility of including independent
staffing (aviation law attorneys). He also reported that the Airport Runway Reconfiguration
Partnership Study Group met for the sixth time. The group is composed of 60 professional
people, who are providing input on the reconfiguration before the environmental process begins.
He also reported that the Child Care Subcommittee (Mullin/Penna) met with staff to continue
discussion of unmet child care needs in the community and County. He stated the subcommittee
is seeking Council's approval to have Community Outreach Director Heather Quinn conduct an
in-house survey/study of communities who have instituted a system to meet those needs. Council
gave their approval.
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Mayor Pro Tem Matsumoto announced that there will be a community meeting on the Runway
Reconfiguration Program on July 15, 1999, 7:00 - 9:00 p.m. at the San Mateo City Hall Council
Chambers.
Councilman Penna stated he will be attending a San Mateo County Convention and Visitors
Bureau meeting tomorrow morning, June 24, 1999.
Councilman Fernekes stated he has been working on a committee to raise funds for the South
San Francisco Unified School District's Children's Center and that there will be a fundraising
dinner at the new Bacchanal Restaurant on Friday, June 26, and Saturday, June 27, 1999, 7:00
p.m.
CONSENT CALENDAR
Councilman Mullin requested Item Nos. 3 and 8 be pulled from the Consent Calendar, and
Councilman Penna requested Item Nos. 6 and 9 be pulled.
1. Motion to Approve the Minutes of the June 9, 1999 Special and Regular Meetings
2. Motion to Confirm Expense Claims of June 23, 1999 in the amount of $4,013,099.49
Resolution No. 83-99 to Award Contract for ANIP Phase XIX A and B for Multi-Family
and Single Family Units Located in Southwood Subdivision in the Amount of $2,274.600
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Motion Accepting the Removal/Replacement of Underground Fuel Tanks-Phase II as
Complete in Accordance with Plans and Specifications
Motion to Adopt an Ordinance Amending the Policy for Appointing Conference Center
Authority Commissioners
10.
Resolution No. 80-99, Awarding a Construction Contract for the Commercial Avenue
Reconstruction Project to G. Bartolotto & Co./Ramirez Developers A.J.V. in the Amount
of $1,404,670, and amend the Capital Improvement Program in the Amount of $228,499
Motion-PennaJSecond-Fernekes: To approve Items 1, 2, 4, 5, 7, and 10 as presented.
Unanimously approved by voice vote.
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Resolution Declaring Date of the General Election as November 2, 1999 for Election of
Two Council Members and Requesting Services from the County Clerk
Councilman Mullin asked for clarification on the first day to issue nomination papers and
City Clerk Payne stated that the correct date is July 12, 1999, and that the correct date for
the extension of the nomination period is August 11, 1999.
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Motion-Mullin/Second-Femekes: To approve Resolution No. 81-99, Declaring the Date
of the General Municipal Election of 1999, Ordering the Publication of a Notice of
Election as Required by the Elections Code and Establishing the Hours During Which the
Polls Shall be Open; and approve Resolution No. 82-99, Requesting County Clerk of San
Mateo County to Render Specified Election Services. Unanimously approved by voice
vote.
Resolution Approving the City Treasurer's Investment Policy and Investment Report
Councilman Penna acknowledged City Treasurer Ford for her prudent investing.
Motion-Penna/Second-Matsumoto: To approve Resolution No. 84-99, Approving
Implementation of the city Treasurer's Investment Policy Pursuant to SB564, Chapter
783 of the Government Code of the State of California. On the question: Councilman
Mullin asked if consideration could be given to local banks for investing if rates are
comparable. Finance Director Brooks stated that if local banks have the same guarantees
the City Treasurer will use them, whereas, some do not offer the same vehicles in their
portfolio as Wells Fargo offers. Councilman Mullin encouraged local banks be used
when possible. Motion continued: Unanimously approved by voice vote.
Resolution Approving the South San Francisco Conference Center FY 1999-2000 Budget
Councilman Mullin asked how the hotel occupancy rate in South San Francisco compares
to other communities. Conference Center Director Sandra O'Toole responded that it is
running at 68% and that the Airport hotel corridor area market has been softening since
1998. She stated that South San Francisco is 2-3 occupancy points behind Millbrae/
Burlingame. There was a discussion of the factors involved, skewing of numbers to
determine the hotel occupancy rate, and that she used conservative estimates to prepare
the budget. There was also a discussion of the new hotels increasing the inventory in the
City and the length of time it takes for them to establish and come on line with the rest of
the hotels. Councilman Mullin asked if the softening of the hotel occupancy had
anything to do with Conference Center usage and Director O'Toole responded that
historically the day use of the conference space has continually increased, as is projected
for the next two years. Director O'Toole stated that 60-65% of the Conference Center
usage is related to hotel room usage.
Motion-Fernekes/Second-Mullin: To approve Resolution No. 85-99, Approving the
Conference Center Fiscal Year 1999-2000 Budget. Unanimously approved by voice
vote.
Resolution Authorizing the Acceptance of a $50,020 ABC Grant and Amending the
1998/99 Police Department Budget
Councilman Penna asked if the grant was to be used to enforce violations regarding
underage drinking and Chief Raffaelli responded that it will be used to enforce ABC
violations.
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Motion-Penna/second-Fernekes: To approve Resolution No. 86-99, Authorizing the
Acceptance of a Grant from the State of California, Department of Alcoholic Beverage
Control and Amending the 1998-99 Police Department Budget. Unanimously approved
by voice vote.
PUBLIC HEARING
11.
Resolutions Establishing Stormwater Management Program Charges for FY 1999-2000, and
Adopting the Finance Director's Report of FY 1999-2000 Stormwater Management Service
Fees
Public hearing opened.
Staff report presented by Public Works Director Gibbs.
Public hearing closed.
Motion-Fernekes/Second-Matsumoto: To approve Resolution No. 87-99, Approving
Stormwater Management Service Charges for Fiscal Year 1999-2000; and Resolution No.
88-99, Adopting a Report of Stormwater Management Services Fees for Fiscal year 1999-
2000 pursuant to South San Francisco Municipal Code Section 14.04.110. Unanimously
approved by voice vote.
(Cassette Tape No. 2)
12.
Resolutions Establishing Rate Schedules for Sewer Service Charges and Imposing the FY
1999-2000 Fees on the Property Tax Rolls and Adopting the Report of Sewer Rentals and
Charges for FY 1999-2000
Public hearing opened.
Staff report presented by Public Works Director Gibbs.
Public hearing closed.
Councilman Mullin asked for a clarification on why the rate increase is not a fixed number
and Director Gibbs explained how the increase is averaged out. City Manager Wilson
continued the discussion on how the rate is determined by using federal guidelines, he
explained that a restaurant's discharge may be less costly to process than the effluent from a
residence.
Councilman Fernekes acknowledged that South San Francisco sewer rates are the second
lowest in the County and complimented staff for their efforts in keeping the rates down.
Motion-Mullin/Second-Fernekes: To approve Resolution No. 89-99, Approving Sewer Rates
Effective Fiscal Year 1999-2000 and Amending the Master Fee Schedule to Include the
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Rates; and Resolution No. 90-99, Adopting a Report of Annual Sewer Rentals and Charges
for 1999-2000 Pursuant to Chapter 14.12 of the South San Francisco Municipal Code.
Unanimously approved by voice vote.
13. Resolution Authorizing Assessment of Costs for Abatement of Abandoned Vehicles
Public hearing opened.
Staff report presented by Director Brooks.
Mr. Samir Habash, 70 Manzanita Avenue, Millbrae, objected to the assessment stating that a
current tenant in his complex at 950 Antoinette Lane, is the actual owner of the vehicle, and
notification of the violation or of the right to an administrative hearing was never received.
Police Officer Riordan responded to Council's questions regarding legal notifications and the
owner's recent address change from 2272 Kenry Way to his current home in Millbrae.
Officer Riordan stated that the Assessor's Tax Rolls still indicate the Kenry Way address for
Mr. Habash.
Mr. Wing Ma, 1718 26th Avenue, San Francisco, objected to the assessment stating that the
former tenant at 3600 Bettman Way, abandoned the vehicle in the driveway. He made
several phone calls to the City to resolve the situation and to obtain information, but felt it
was the tenant's responsibility. Officer Riordan reviewed his notes on the case, including
dates of notification, and a conversation Mr. Ma had with Officer Dickson.
Council discussed Messrs. Habash and Ma's objections, the process that the City follows,
notifications, and property owner responsibilities. Councilman Penna stated his concern that
the property owner was being held responsible for the tenants' violations.
Mayor Pro Tem Matsumoto asked for clarification on the notification process and verified
that Mr. Habash was eventually given proper notification. Mr. Habash stated that he was told
by the tow truck driver not to worry about it.
Mayor Pro Tem Matsumoto and Mayor Datzman discussed the complaints that the City
receives regarding nuisances, blighted situations in the community, and the cumbersome
process to have them corrected.
Councilmembers Mullin, Penna and Fernekes stated their support to waive the assessment of
costs on the basis of extenuating circumstances. Councilman Mullin felt that one property
owner was unaware of the violation and the other property owner attempted to have the
vehicle towed. Messrs. Habash and Ma were following the process by appealing the costs to
Council.
Mayor Datzman felt that proper notification was given, the process is in place and it was
followed, and the property owners have civil recourse.
Motion-Mullin/Second-Penna: To waive the assessment of costs as requested by Mr. Samir
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Habash for $267.75, and Mr. Wing and Julie Ma, for $265.20. Approved by the following
roll call vote: AYES: Councilmembers Fernekes, Mullin and Penna. NOES: Mayor Pro
Tem Matsumoto and Mayor Datzman. ABSTAIN: None. ABSENT: None.
Councilman Mullin asked that the record show that his no vote does not mean that he is in
favor of neighborhood blight.
Motion-Fernekes/Second-Penna: To approve Resolution No. 91-99, Authorizing Assessment
of Costs for Abatement of Abandoned Vehicles excluding Mr. Samir Habash ($267.75) and
Mr. Wing and Julie Ma ($265.20). Approved by voice vote: AYES: Councilmembers
Femekes, Mullin and Penna. NOES: Mayor Pro Tem Matsumoto and Mayor Datzman.
ABSTAIN: None. ABSENT: None.
(Recess: 9:50 p.m. - 10:02 p.m.)
ADMINISTRATIVE BUSINESS
14. Motion to Adopt an Ordinance Approving the Amended and Restated Terrabay Development
Agreement Phase II (continued from the May 26, and June 9, 1999 City Council meetings)
Staff requested that the agenda item be continued off-calendar.
Motion-Fernekes/Second-Matsumoto: To continue the agenda item, Adoption of an
Ordinance Approving the Amended and Restated Terrabay Development Agreement Phase
II, off-calendar. On the question: Councilman Mullin asked if there was any indication of
how long the continuance will be. City Manager Wilson explained that there have been
meetings with Mr. Dennis Breen's attorney, and another developer who is looking at
developing Phase III, but there is no indication of moving forward at this time. Motion
continue& Unanimously approved by voice vote. ABSTAIN: Councilman Penna.
15. Resolution Approving the Operating Budget for the City of South San Francisco for FY
1999-2000 and Appropriate the Corresponding Funds
Staff report presented by Finance Director Brooks with a visual presentation. A summary of
each departments' budget was reviewed.
Mayor Pro Tem Matsumoto asked for clarification on the Gann Appropriations Limit chart
and how the percentages are determined and staff indicated the percentages are dictated by
the State. She also asked if the set-aside funds can be used toward the purchase of land for
affordable housing or green spots and staff indicated that a non-designated fund balance of
$8 million is available for Council to do that.
Motion-Fernekes/Second-Mullin: To approve Resolution No. 92-99, Approving the Fiscal
year 1999-2000 Operating Budget for the City of South San Francisco and Adopting
Corresponding Appropriations. On the question: Councilman Penna stated that he did not
see a budget item for the Oyster Point Flyover and staff indicated that it will be in the Capital
Improvement Budget. Councilmembers Mullin and Fernekes complimented Director Brooks
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for his thorough work and expertise. Motion continued: Unanimously approved by voice
vote.
16. Resolution Approving Personnel Changes, including Classification Descriptions,
Adjustments to Salary Schedules, and Changes in Unit Designations
Staff report presented by Human Resources Director Bower.
Mayor Pro Tem Matsumoto asked for clarification regarding the Executive Assistant to the
City Manager position and if a salary adjustment was included. Staff indicated that a change
in unit designation was the only recommendation as a salary adjustment was given last year.
Mayor Pro Tem Matsumoto asked if the single classification positions could be part of career
paths for other employees to aspire to and staff stated they could be but each require more
skill and specialized training. Mayor Pro Tem Matsumoto asked if these new designations
were comparable with positions in other communities for recruiting purposes and staff
indicated that the salary ranges are compared to the ten benchmark cities, and that the job
titles are fairly standard.
Motion-PennaJSecond-Fernekes: To approve Resolution No. 93-99, Approving
Classification Descriptions, Salary Levels and/or Unit Designations for the Positions of
Building Maintenance Craftsworker, Community Services Coordinator, Communications
Dispatcher, Environmental Compliance Coordinator, Executive Assistant to the City
Manager, Lead Equipment Mechanic, Local History Specialist, Payroll Coordinator, Permit
Technician, Police Records Manager, Rehabilitation Specialist, and Supervising
Communication Dispatcher. Unanimously approved by voice vote.
17. Motion to Waive Reading and Introduce an Ordinance Amending Chapter 3.12 of the
SSFMC to Reflect Council-Approved Position Title Additions, Deletions, and/or Changes
Staff report presented by Human Resources Director Bower.
Motion-Penna/Second-Fernekes: To waive reading and introduce an Ordinance Amending
Section 3.12.010 of the South San Francisco Municipal Code. Unanimously approved by
voice vote.
18.
Resolution Approving the Administering of Agency-State Agreement #04-5177 Covering
Preliminary Engineering, Right-of-Way, Construction Engineering, and Construction for
Junipero Serra Boulevard, Hickey Boulevard to Clay Avenue, and King Drive to Arroyo
Drive
Agenda item withdrawn.
19. Resolution Recognizing the PAC Election and Approval of the Project Area Committee
(PAC) as Elected
Staff report presented by Redevelopment Project Manager Beyer.
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(Cassette Tape No. 3)
Councilman Mullin queried staff if the Boys and Girls Club serves the Willow Gardens and E1
Camino project area and staff indicated it did. There was a discussion why Mid-Peninsula was
not on the PAC and if they were notified or invited. Staff indicated that it was not known why
they were not on the PAC, but will follow-up on Council's request. Mayor Pro Tem Matsumoto
asked if the Director of Community Outreach was consulted regarding the participation of other
community organizations and Project Manager Beyer indicated that the CDBG Coordinator
Fragoso had contacted Director Quinn.
Motion-Fernekes/Second-Mullin: To approve Resolution No. 94-99, Certifying the Election of
the Amended E1 Camino Corridor Redevelopment Project Area Committee. Unanimously
approved by voice vote.
ITEMS FROM COUNCIL
20. Approve Policy for Naming Facilities and Streets
Report presented by Parks, Recreation and Maintenance Services Director Nagel.
Councilman Penna asked if naming a street "Veterans Boulevard" in the Bay West Cove
Development was discussed with the owner, and staff stated the owner has agreed to the
street name.
Motion-Penna/Second-Matsumoto: To approve the Policy for Naming Facilities and Streets.
Unanimously approved by voice vote.
21. Procedures for Boards and Commissions, Terms of Cultural Arts Commissioners and
Compensation Paid to Commissioners
Mayor Pro Tem Matsumoto reported that the Cultural Arts Commission discussed the
Council's proposal for compensation and to modify the length of term on the Commission to
four years. She stated that the Commission thanked Council, but respectfully declined the
offer for compensation and term limits. The Commission felt it was not an issue to have
future appointments made by the full Council.
Mayor Datzman further discussed the three issues with Mayor Pro Tern Matsumoto for
clarification. Councilman Mullin asked if the Commission took a vote on the matter and
Mayor Pro Tem Matsumoto stated yes, and the Commission's vote was unanimous.
The Council reached a consensus to support the Cultural Arts Commission's request to
remain uncompensated, without term limits, and that future appointments will be made by
the full Council.
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The Mayor directed staff to modify the proposed ordinance accordingly.
GOOD AND WELFARE None.
CLOSED SESSION
22. Closed Session:
· Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator on
Public Safety Managers;
Pursuant to Government Code Section 54956.9, Existing Litigation - Molieri vs. City of
South San Francisco;
· Pursuant to Government Code Section 54956.9 (b)(1), Pigozzo Claim.
Entered into Closed Session:
11:00
Reconvened into Open Session: 11:55. All Councilmembers present.
Mayor Datzman announced that direction was given, no action taken on the first item (Public
Safety Managers); the second item (Molieri) was information only, and the third item (Pigozzo
claim) was authorized to settle at $31,000.
ADJOURNMENT
Motion-Fernekes/Second-Mullin: To adjourn the meeting at 11:55 p.m. Unanimously approved
by voice vote.
Respectfully Submitted:
Approved:
ayne, City Clerk(.]
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral
communications, arguments, and comments are recorded on tape. The tape and documents related to the items are
on file in the Office of the City Clerk and are available for inspection, review and copying.
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