Loading...
HomeMy WebLinkAboutMinutes 1999-07-14CALL TO ORDER: ROLL CALL: MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING JULY 14, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 6:01 p.m. Present: (Cassette Tape No. 1) Councilmembers Fernekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. Absent: None Others Present: City Manager Wilson and Human Resources Director Bower ORAL COMMUNICATIONS: None Interview Applicants for Boards and Commissions: Library Board of Trustees and Parking Place Commission Director Bower introduced each applicant to the Council. Applicants were interviewed in the following order and responded to questions from each Councilmember: · Mary Giusti - seeking reappointment to the Parking Place Commission, first term expired December 31, 1997, but has continued to serve. · Eleanor Breite - seeking reappointment to the Library Board for a second term - only applicant. Upon completion of her interview, Mayor Datzman asked Ms. Breite to remain in the area as the Council will be making a decision shortly. · William Miranda - applicant for the Parking Place Commission. Discussion and Appointment of Boardmembers and Commissioners: Library Board of Trustees and Parking Place Commission Staff advised Council that two remaining applicants for the Parking Place Commission are scheduled to be interviewed on July 28, 1999, and Council is to take action at that time. Motion-Fernekes/Second-Mullin: To reappoint Eleanor Breite to a three year term on the Library Board of Trustees, term expiring June 30, 2002. Unanimously approved by voice vote. o Ms. Breite was invited to come back into the Community Room, and Mayor Datzman announced her reappointment and Council offered its congratulations. Closed Session: Pursuant to Government Code Section 54956.9, Existing Litigation - Molieri vs. City of South San Francisco Entered into Closed Session: Reconvened into Open Session: 6:31 p.m. 7:10 p.m. All Councilmembers present. Mayor Datzman announced that direction was given and no action was taken. ADJOURNMENT Motion-Femekes/Second-Mullin: To adjourn the meeting at 6:30 p.m. Unanimously approved by voice vote. Respectfully Submitted: Approved: ~.}via M. Payne, City Gterk u~fty of South San Francisco The entries of this Council Special 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 9, 1999 PAGE 2 MINUTES REDEVELOPMENT AGENCY/CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL JOINT MEETING JULY 14, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: ROLL CALL: CLOSED SESSION: Negotiations - Related to 208 East Grand Avenue, 169 Harbor Way and 185 Harbor Way; Negotiating Parties: Britannia Pointe Grand and South San Francisco Redevelopment Agency 6:31 p.m. (Cassette Tape No. 1) Present: Councilmembers Femekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. Absent: None Pursuant to Government Code Section 54956.8 Real Property Reconvened into Open Session: Mayor Datzman announced no action taken and the Closed Session is recessed until City Council Agenda Item No. 16 is considered. (Recess: 7:10 p.m. - 9:12 p.m.) Councilmember Penna stated he would abstain from participating in the Closed Session, in accordance with FPPC regulations (see City Council Regular Meeting minutes for discussion). Entered into Closed Session: 9:12 p.m. Reconvened into Open Session: 9:35 p.m. Present: Councilmembers Femekes and Mullin, Mayor Pro Tem Matsumoto and Mayor Datzman. Abstain: Councilman Penna City Attorney Mattas announced direction was given and no action was taken. 6:31 p.m. 7:10 p.m. All Councilmembers present. Entered into Closed Session: ADJOURNMENT Motion-Fernekes/Second-Matsumoto: vote. Abstain: Councilman Penna. Respectfully Submitted: To adjourn the meeting at 9:35 p.m. Approved: Approved by voice Sylvia M. Payne, Cit~JClerk City of South San Fr5ncisco of ~outh San F~'~;o The entries of this Special Joint 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. SPECIAL JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING MINUTES JULY 14, 1999 PAGE 2 MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING JULY 14, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:40 p.m. (Cassette Tape No. 1) ROLL CALL: Present: Councilmembers Fernekes, Mullin and Penna, Mayor Pro Tem Matsumoto and Mayor Datzman. Absent: None PLEDGE OF ALLEGIANCE Led by Mayor Datzman INVOCATION: Pastor Cynthia Smith, First Baptist Church of South San Francisco PRESENTATION Announcement of Cultural Arts Commission Scholarship Recipient - Presented by Cultural Arts Commission Chair Joy-Ann Wendler: Scholarship presented to South San Francisco High School student Joyce Poon. AGENDA REVIEW City Manager Wilson requested the following items be removed from the Agenda: Consent Calendar Item No. 5, and Public Hearing Item Nos. 13 and 14. ORAL COMMUNICATIONS: Ms. Melinda Cohen-Huntley, Treasure Island Trailer Court, 1700 E1 Camino Real, Rue 21 Space 37, stated that the BART construction has been operating past it's 7:00 p.m. quitting time several nights which is in violation of its permit with the Town of Colma. She contacted the South San Francisco Police Department and Colma Town Hall without any success for assistance. She felt there is an environmental issue due to the ground shifting beneath the trailer park, a lack of dust control, and mobile home ceilings cracking from the constant vibrations. Ms. Jaymie Steen, BART Liaison, addressed the community relation issues and stated that meetings with residents of the Treasure Island Trailer Court have been occurring since April and there has not been a lack of responsiveness from her office. The contractor, Tutor-Saliba, has been going over the time limit due to concrete being poured, but internal steps are being taken to keep the liaison office informed in the future. Ms. Steen explained that the contractor has been experiencing batch plant problems and a lack of manpower. She stated that the concrete pouring is scheduled for the next 14 days and she will be providing Treasure Island Trailer Court with daily updates. Mr. Bill Iwamoto, BART Group Manager, 979 Broadway, Millbrae, explained the problem the contractor has when starting a concrete pour and not being able to stop until a section is completed, thus insuring structural integrity. He further explained that there has been manpower problems, and he felt that the concerns mentioned are all part of a large construction project. Mayor Datzman stated that problems such as working past the 7:00 p.m. quitting time, dust, noise and other issues were discussed with BART in the beginning and a system was developed to respond to residents concerns. He stated his dissatisfaction with the recent occurrence. Mayor Datzman directed staff to work with Colma officials regarding Ms. Cohen-Huntley's complaint. Councilman Penna received a report that a property along C Street is slipping and Ms. Steen stated she will follow-up on the matter. Mr. John Mascio, 912 Linden Avenue, observed backfilling work at the Chestnut Avenue site and objected to the method of including scrap-metal and other refuse. He felt this method is environmentally unsafe. Mayor Datzman stated that the City Manager will have someone contact him with information. COMMUNITY FORUM Mayor Pro Tem Matsumoto announced that Councilman Fernekes was recently elected treasurer for the Peninsula Division of the League of California Cities Councilman Fernekes stated that the Day in the Park Subcommittee (Fernekes/Matsumoto) is meeting weekly with staff working on the September 18, 1999 event. He stated that the Children's Center fundraiser, held June 26, 1999, at the Bacchanal Restaurant was a success, and $6000 was raised. He also reported that he spoke with the City Manager regarding the lack of visitor parking spaces in the City Hall parking lot and requested that it be discussed at a future time. Councilman Mullin stated he attended a parliamentary procedures workshop on Monday, July 12, and was pleased by the large turn out of Boardmembers and Commissioners. He stated he attended the Greenridge housing project and reported that 1000 applications have been received for the 36 units (later determined to be 33 units, plus one unit for the manager). He stated that he attended the League of California Cities Policy Committee meeting which is reviewing pending legislation, including compulsory binding arbitration laws. Councilman Mullin also stated he will be attending an upcoming NOISE (National Organization to Insure a Sound-Control Environment) conference in Millbrae. Mayor Datzman thanked Mayor Pro Tem Matsumoto for arranging the parliamentary procedures program and stated that he, Mayor Pro Tem Matsumoto and Councilman Femekes were attending a Colma City Council meeting on Monday, July 12, 1999. REGULAR CITY COUNCIL MEETING JULY 14, 1999 MINUTES PAGE 2 COUNCIL SUBCOMMITTEE REPORTS Councilman Mullin reported on the Child Care Subcommittee's (Mullin/Penna) discussion with staff regarding the inclusion of childcare requirements/provisions in the General Plan for the commercial/industrial area. He stated he attended the SFO/Community Roundtable meeting on July 7, 1999, and discussed concerns regarding the fast-track work program for Runways 2A Right and 2A Left. He also reported that a FAA regional director, recently assigned here, indicated that Washington is reviewing the 65db CNEL noise level footprint with a possible downward reappraisal. (Cassette Tape No. 2) CONSENT CALENDAR 2. Motion to Confirm Expense Claims of July 14, 1999 in the amount of $2,850,789.46 o Motion to Adopt an Ordinance Amending SSFMC Chapter 3.12 to Reflect Council- Approved Position Title Additions, Deletions and/or Changes Motion to Accept the Americans with Disabilities Act Play Area Renovation Project - Phase II as Complete in Accordance with Plans and Specifications Resolution Awarding Contract to Orinoco Construction, Inc. for Americans with Disabilities Act Play Area Renovations Project at Winston Manor No. 1 in the Amount of $112,549 Item No. 5 - removed from Agenda. o Resolution No. 95-99 Awarding Contract to H. M. Construction for Seismic Retrofit of the Apparatus Doors at Fire Station Nos. 2, 4, and 5 in the Amount of $74,950 Resolution No. 96-99, Supporting Senate Bill 3, the California Library Construction and Renovation Bond Act of 2000 10. Resolution No. 97-99, Authorizing an Agreement Between the City of South San Francisco and the Public Safety Managers 11. Resolution No. 98-99, Amending Agreement with Meyers, Nave, Riback, Silver & Wilson Councilman Mullin requested Item Nos. 1 and 6 be pulled from the Consent Calendar and Mayor Datzman asked that Item 7 be pulled. Motion-Matsumoto/Second-Fernekes: To approve Consent Calendar Items 2, 3, 4, 8, 9, 10, and 11. Approved by voice vote. Motion to Approve the Minutes of the June 16, 1999 Special Meeting and June 23, 1999 Regular Meeting. REGULAR CITY COUNCIL MEETING JULY 14, 1999 MINUTES PAGE 3 Councilman Mullin pulled Item No. 1 inadvertently. Motion-Mullin/Second-Fernekes: To approve the minutes as presented. Unanimously approved by voice vote. o Resolution Awarding Construction Contract to Brady Air Conditioning, Inc., for Municipal Services Building HVAC Replacement Project in the Amount of $186, 417 Councilman Mullin asked staff to explain the increase in cost for the HVAC project and City Engineer Kianpour explained what the work included. There was a discussion of administrative and inspection costs and City Manager Wilson explained how they are controlled internally. Councilman Mullin stated his concern regarding built-in contingencies but supported the award of the contract. Councilman Penna stated his concern regarding the size (load factor) of the air conditioning system and felt the cost was excessive for the amount of work being done. City Engineer Kianpour explained that a large portion of the job is duct work. Mayor Datzman shared Council's concern, but, speaking from experience, the building's current air conditioning system is inadequate. Motion-Mullin/Second-Fernekes: To approve Resolution No. 99-99, authorizing a construction contract with Brady Air Conditioning, Inc. for MSB HVAC Replacement Project and approving an amendment to the 1998-99 Capital Improvement Program Budget. Unanimously approved by voice vote. Resolution Rejecting All Bids Received for the West Orange Library Parking Lot Improvements and to Re-Advertise the Project Mayor Datzman asked for verification of the number of required parking spaces per code for the Library and staff responded that under the current Code the Library should have 120 as indicated in the staff report. Motion-Matsumoto/Second-Mullin: To approve Resolution No. 100-99, authorizing rejection of all bids received on June 30, 1999 for the West Orange Library Parking Lot Improvement Project and re-advertise the project. Unanimously approved by voice vote. PUBLIC HEARING 12. Resolution Modifying the Master Fee Schedule Including Changes to Sewer Fees, Parks and Recreation Service Fees, and Library Fees Public heating opened. Staff report presented by Finance Director Mike Brooks. Public hearing closed. REGULAR CITY COUNCIL MEETING JULY 14, 1999 MINUTES PAGE 4 Councilman Mullin noted that a Library service fee was being decreased. Motion-Fernekes/Second-Matsumoto: To approve Resolution No. 101-99 Approving the Modification of Specified Sections of the Master Fee Schedule. Unanimously approved by voice vote. (Recess: 8:38- 8:45p.m.) 13. Resolution Authorizing Assessment of Costs for Nuisance Abatement Work at 113 Pecks Lane in the Amount of $1226.16 Item removed from the Agenda. 14. Resolution Imposing Assessment of Costs for Abatement of Abandoned Vehicle in the Amount of $270.30 Item removed from the Agenda. ADMINISTRATIVE BUSINESS 15. Resolution Authorizing a Contract with Dyett and Bhatia for Planning and Urban Design Services for Preparation of the Oyster Point Marina/Park Concept Plan Economic and Community Development Director Van Duyn introduced the new Chief Planner, Thomas C. Sparks. Chief Planner Sparks presented the staff report recommending approval of the project. Councilman Penna asked staff to explain the difference between the proposed plan that was done in the early 1980's and what the City hopes to gain with a new conceptual plan. City Manager Wilson responded that the update parallel the previous one, but will include developments that have occurred in surrounding areas. He stated and this was an item supported by the Harbor District Subcommittee and will also include the transit hub and market concept. Councilmembers Mullin and Fernekes, and Mayor Pro Tem Matsumoto stated their support for the study and felt it was money well spent. Mayor Datzman stated his support and mentioned the need for land site improvements as recommended by the Bay Area Council study for the ferry terminal. Motion-Matsumoto/Second-Femekes: To approve Resolution No. 102-99, authorizing a contract with Dyett & Bhatia, Urban and Regional Planners to prepare the Oyster Point Marina Concept Plan. Unanimously approved by voice vote. Mayor Datzman requested Item No. 16 be taken as the last Agenda Item. 17. Resolution Authorizing Acceptance of Quitclaim Deed from BHP Minerals International, Inc. for the City Owned Property at Oyster Point Marina Motion-Penna/Second-Mullin: To approve Resolution No. 103-99, authorizing REGULAR CITY COUNCIL MEETING JULY 14, 1999 MINUTES PAGE 5 Certificate of Acceptance for Quitclaim Deed from BHP Minerals International, Inc., for Roadway Easement Located with Oyster Point Marina Parcel A. Unanimously approved by voice vote. LEGISLATIVE BUSINESS 18. Motion to Waive Reading and Introduce an Ordinance Related to Appointment Procedures for Boards and Commissions, Terms of Cultural Arts Commissioners and Compensation Paid to Commissioners Motion-Penna/Second-Mullin: To waive reading and introduce an Ordinance Amending Title 2 of the Municipal Code Regarding Appointment Procedures. Unanimously approved by voice vote. ITEMS FROM COUNCIL 19. Appointment of City Council Subcommittee for Naming Facilities and Streets Mayor Datzman announced the appointment of Mayor Pro Tem Matsumoto and Councilman Fernekes to the Naming Facilities and Streets Subcommittee. ADMINISTRATIVE BUSINESS (continued) 16. Motion Approving Findings Related to a Resolution Authorizing the Execution of a Disposition and Development Agreement for Britannia Point Grand Mayor Datzman reconvened Redevelopment Agency Item No. 4, and called for Special Joint Meeting Item No.3 (Closed Session). City Attorney Mattas recounted his discussion with Councilman Penna regarding his participation on this item. City Attorney Mattas felt Councilman Penna may have a conflict of interest and suggested he abstain, as he is waiting for an opinion letter from the FPPC, giving final clarification of the Teasley matter. Councilman Penna stated his disagreement and feels he does not have a reasonable expectation of ever having a real estate transaction at this location and should not be excluded from participating. Mayor Datzman reminded Councilman Penna that the City Attorney's opinion has been followed in the past. City Attorney Mattas further explained the uncertainty of risk and the possibility of civil and criminal penalties. Councilman Penna agreed not to participate and will abstain in accordance with FPPC regulations. Mayor Datzman announced a Closed Session (refer to minutes for the Special Joint Meeting Item No. 3) (Closed Session: 9:12 p.m. - 9:35 p.m.) Staff report presented by Redevelopment Project Manager Robert Beyer. Ms. Janet Fogarty, Attorney at Law, 1133 Bayshore Boulevard, Suite 329, Budingame, stated she is representing the Rizzetto family, commented that she did not receive notice REGULAR CITY COUNCIL MEETING JULY 14, 1999 MINUTES PAGE 6 until today. She requested that her comments be included as part of the Redevelopment Agency record. She stated that the DDA requires an environmental review or initial review, and should include compliance by the developer with CEQA. She explained her client's dilemma and pending court case with the owner of the property (Kaul family). Ms. Fogarty requested that the City delay taking action for a reasonable length of time to allow appraisal of the property, and more importantly, the Council/Agency's action will directly effect the dispute and put Mr. Rizzetto at a disadvantage. City Attorney Mattas stated a negative declaration was prepared for the project when it was heard by the Planning Commission, and that the DDA does include an appraisal price of $740,000, but is not a final determination. He further advised Council that the disagreement between Mr. Rizzetto and Mr. Kaul is for them to resolve. There was further discussion with Ms. Fogarty regarding Mr. Rizzetto's case, the request to delay action, and the adverse effect Council action will have for Mr. Rizzetto. City Attorney Mattas and Project Manager Beyer advised Council of the DDA process and time schedule. Motion-Femekes/Second-Mullin: To approve the findings related to a resolution authorizing the execution of a Disposition and Development Agreement for Britannia Pointe Grand. On the question: Councilman Mullin asked staff if relocation costs were paid by the Agency and staff confirmed that they are. Ms. Fogarty stated that there are limits which are insufficient in this case. Staff responded that there are categories that have limitations, but it is how you present the costs. Ms. Fogarty stated there is a concern whether or not Mr. Rizzetto will be able to remain in business. Mayor Pro Tem Matsumoto asked how long the relocation consultant has been working with Mr. Rizzetto and how many sites are proposed by the consultant. Staff stated Mr. Rizzetto liked one site, but other sites are still being researched. In response to Mayor Pro Tem Matsumoto's question regarding the timeframe for Mr. Rizzetto's business to be displaced, City Attorney Mattas stated 90 days, which will give him from August to November and he can request an additional 45 days. Councilman Fernekes verified that during this 90 day period Mr. Rizzetto and Mr. Kaul can continue their discussions regarding property ownership and staff indicated an affirmative. Motion continue& Approved by the following roll call vote. AYES: Councilmembers Fernekes and Mullin, and Mayor Datzman. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: Councilman Penna. ABSENT: None. ITEMS FROM COUNCIL (continued) Councilman Mullin observed graffiti at 208 East Grand Avenue and Mr. Bob Bristow, Brittania Development, 1930 Harrison Street, Oakland, stated the building will be demolished on Friday, July 16, 1999, which will take care of the problem. Councilman Mullin asked for a report on abatement work at 905 Linden Avenue and Director Van Duyn indicated that the clean-up work has begun. Councilman Mullin stated his concern regarding the potential of an increase in abatement of nuisances and asked that Council be provided with a list of nuisances that are being brought to the City's attention. REGULAR CITY COUNCIL MEETING JULY 14, 1999 MINUTES PAGE 7 Councilman Fernekes announced that next week he will be out of town on vacation and will not be attending the July 21, 1999 Study Session. Councilman Penna returned to his seat. GOOD AND WELFARE None. CLOSED SESSION 20. (Cassette Tape No. 3) Closed Session Pursuant to Government Code Section 54957.6, Labor Negotiations for Executive Management Compensation Entered into Closed Session: Reconvened into Open Session: 10:15 p.m. 10:45 p.m. Mayor Datzman announced that direction was given and no action was taken. ADJOURNMENT Motion-Penna/Second-Mullin: voice vote. Respectfully Submitted: To adjourn the meeting at 10:45 p.m. Unanimously approved by Approved: 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 JULY 14, 1999 MINUTES PAGE 8