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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) REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 2 3¥ 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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 3 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 o 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. o 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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 4 o o o 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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 5 ,37 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 REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 6 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 REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 7 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 REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 8 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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 9 (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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 10 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. REGULAR CITY COUNCIL MEETING MINUTES JUNE 23, 1999 PAGE 11