HomeMy WebLinkAboutMinutes 2006-11-29
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MINUTES
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
SPECIAL MEETING
WEDNESDAY, NOVEMBER 29, 2006
MUNICIP AL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
(Cassette Tape No.1)
Call to Order
7:31 p.m.
Roll Call
Present: Councilmembers Addiego, Gonzalez and
Matsumoto, Mayor Pro Tern Garbarino and Mayor
F ernekes
Absent: None
PLEDGE OF ALLEGIANCE Led by Mayor Fernekes
INVOCATION Given by Pastor John Cantley, Grace Covenant Church
Mayor Fernekes requested the meeting be adjourned in memory of Daphne Pignone and
Antonia Gonzalez.
PRESENT A nONS
. Fall 2006 Citizens Academy Class Graduation - Assistant to the City Manager Kennedy
gave a visual presentation and presented certificates of completion to Daniel Baker, Amanda
Bortoli, Caitlan Bortoli, Doris Chives, Charles Elliott, Arline Elliott, Barbara Ervin, Pat
FitzPatrick, Mary Franco, Kayla Gallagher, Bob Grossman, Richard Holt (not present),
Jeannette Holt (not present), Arnel Junio, Martha Larson, Vemelyn Macaraeg, Debbie
Mendes (not present), Sean Morgan (not present), Anna Nastari, Stacey Oborne, Sylvia
Payne (not present), Jackie Pousson-Cheng, Nancy Stampfer (not present), Gloria Taormina
and Frances Valido.
Mayor Fernekes recognized Assistant to the City Manager Kennedy, Administrative
Assistant Debbie Crisafi and her son, Jeff Crisafi, for their work organizing the academy
program.
(Recess)
. Developers Update on 333 Oyster Point Boulevard Project
Under disclosure, Councilmembers Matsumoto, Fernekes, Garbarino and Gonzalez stated
they had met with Slough representatives.
Senior Civil Engineer Sam Bautista presented a brief overview of what the presentation will
entail, including an update and findings from representatives of Slough Estates, San
Francisco Bay Area Regional Water Quality Control Board, and Bay Area Air Quality
Management District.
Mr. Jon Bergschneider, senior vice president of Slough Estates, USA, stated disagreement
with claims made by residents of the Oyster Cove and Oyster Point marinas related to the
grading at 333 Oyster Point Boulevard. He stated that all regulatory boards we:re contacted
during the permit review process, work and oversight programs were approved, and
procedures are being adhered to and exceeded. He stated Slough's commitment to work
with the City and community.
Mr. Tom Graf, geotechnical and registered engineer, stated his role is coordination of
activities related to chemicals in soil, groundwater and regulatory interaction. (Information
and a summary of comments were submitted to Council). He stated that chemical
concentrations were within acceptable levels and the soil management control plan is being
monitored, adhered to, and refined to include additional dust control measures. He reviewed
testing procedures, measurements of dust off-site (exhibits displayed), material
concentrations being found in the soil (e.g. radio active slag), and corroborated findings that
residents are at no risk to exposure to site contaminants.
Councilmembers questioned and asked for further explanation related to the grading
process, dust control schedulle and testing, wind path and monitoring, analyzing soil samples
and difficulty of substantiating where contaminated soil is originating from, lack of
complaints from surrounding properties. It was requested that when completed, the one
month's wind monitoring data be forwarded to the Engineering Division.
Mr. Randy Lee, San Francisco Bay Regional Water Quality Control Board, Toxic Clean-Up
Division, gave an overview ofthe division's role at the Slough site related to clean up
compliance, monitoring, and substantiated that screening level of contaminants (slag) is low
and poses no threat to human health when managed properly. He confirmed that no
violations have been recorded by the Board.
Mr. Steven Hill, San Francisco Bay Regional Water Quality Control Board, addressed the
Board's independent enforcement authority and fines that can be given for failure to report
satisfactory activities. He stated that the Air Quality Management District has enforcement
authority also.
In response to Council, Mr. Graff stated the grading/excavating work will con1tinue until
February and then landscaping and utility processing work will begin.
Kelly Wei, Director of Compliance Enforcement of Bay Area Air Quality Management
District, reviewed his office's responsibilities. He stated he has only received five
complaints from the Oyster Cove area, none from surrounding buildings/facilities, and no
violations have been observled. He stated that the site is visited daily and the District has
been unable to confirm any impacts of dust on the Cove property.
SPECIAL CITY COUNCIL MEETING
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NOVEMBER 29,2006
PAGE 2
City Manager N agel informed the public that the agencies will be available in the atrium
following public comments to answer any questions. Senior Civil Engineer Bautista stated
that all reports are available in the City Engineer's office.
AGENDA REVIEW
City Manager Nagel requested Item No.2 be removed from the Agenda, as no claims were
submitted.
PUBLIC COMMENTS
City Manager Nagel reported the internal affairs investigation related to the dog shooting
incident at Zamora Park has been completed and the officer has been found to be acting in
compliance with department rule:s and regulations, thus no action has been taken against the
officer and the police report is available to the public. City Attorney Mattas explained the
confidentiality of the I.A. investigation report, that it is a personnel document and not a public
document.
Speakers (related to presentation for 333 Oyster Point Boulevard Project):
Ms. Nina Smith, resident, stated disagreement to the statement that dust control m(~asures were
in place for months and countered that control began when the new plan was implemented on
November 8. She thanked Council for its help.
Mr. David Howell, resident, reiterated statements regarding the lack of dust control measures
before November and the damage that has occurred to his boat.
Mr. Dustin Nolet, resident, stated the commercial dust that is hitting his boat is continuing
although it has lessened, and that the wind is blowing from 333 Oyster Point in the: direction of
Oyster Cove. He asked that regulations be corrected.
Mr. John Moses, resident, took umbrage with statements made by Mr. Graf, including missing
data for August-September, Route 101 being the cause of the problem, soil sampling from 6"
and excavating 30', the dust management plan became effective November 2006 and there was
months of no dust control. He thanked Council for it's vigilance to keep the developer doing
the right thing.
Mr. Dave McCarthy, resident, stated current dust control measures would not have: been
implemented if it were not for the marina residents' efforts; he reported on the research he has
been doing, and stated disappointment with the developer's comments. He thanked Council for
their efforts.
Councilman Addiego asked that Council be provided with the data for the week during August-
September.
(Recess)
SPECIAL CITY COUNCIL MEETING
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NOVEMBER 29, 2006
PAGE 3
ITEMS FROM COUNCIL
. Announcements
. Committee Reports
Councilmembers reported on attendance at community and regional meetings and events,
announced upcoming events and fundraisers, and acknowledged members of the community for
their contributions.
Councilman Gonzalez requested a special meeting be held to discuss the Water Transit
Authority. City Manager Nagel stated a study session could be scheduled for December 20th.
He also requested an update from Public Works Director White on the Lindenville pump
station. He disclosed that he me1t with Veejay Patel regarding a new hotel in South San
Francisco.
Councilwoman Matsumoto reported the 2008 centennial committee (Matsumoto/Fernekes) met
and that there will be a kick -off on December 31, 2007 with a gala ball. She asked that Council
be kept apprised of the SFO power plant proposal.
Vice Mayor Garbarino reported on a meeting with Genentech and Amgen that included
Recreation and Community Services Director Ranals, on the after school science project and
pledges are being made by the biotech companies to launch the program next year. He reported
on a third grade history project that Spruce School teachers are interested in formulating to
better teach local history as mandated; the teachers are looking for resources to use in the
classroom and a facility for a permanent display. He further reported that Genentech has begun
a program to pay its employees $4 a day to use public transportation.
Mayor Fernekes reported on the St. Vincent de Paul subcommittee (Fernekes/Matsumoto) and
that a meeting is being scheduled with its president and executive director to discuss
possibilities. He reported the Fairfield subcommittee (Fernekes/Garbarino) held its last meeting
to finalize that development's outstanding issues. He disclosed a meeting with Veejay Patel
regarding a second hotel, and other representatives proposing a project for the 700-900 block of
Linden Avenue.
. Donation to Sister City Atotonilco Mexico Orphanage (Alberque Infantil de Atotonilco)
Mayor Fernekes asked for consensus to donate two city vehicles our sister city.
Councilwoman Matsumoto asked that the surplus value be reported to Council. All
Councilmembers consented to the donation.
CONSENT CALENDAR
1. Motion to approve the minutes of November 8 and 15, 2006
SPECIAL CITY COUNCIL MEETING
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NOVEMBER 29,2006
PAGE 4
2. Motion to confirm expense claims of November 29, 2006
Item removed from Agenda.
3. Resolution authorizing the acceptance of funds from the State under the Supplemental
Law Enforcement Services Fund Program for front line police activities in the amount of
$120,332
4. Resolution authorizing the acceptance of funds from Genentech Foundation to support
library services in the amount of $25,000
5. Resolution authorizing the acceptance of funds from Soroptimist International of North
San Mateo County for library programming in the amount of $2,500
6. Resolution awarding the consultant agreement to Wetlands Research Association for the
Oyster Point Hook Ramp Wetland Mitigation Project
7. Resolution approving new members to Bicycle/Pedestrian Advisory Committee
Motion-Garbarino/Second-Addiego: To approve the Consent Calendar as presented.
Unanimously approved by voice vote.
ADMINISTRATIVE BUSINESS
8. Direction regarding Alta Vista Drive traffic calming cost sharing with San Mateo
County
Staff report presented by Senior Civil Engineer Chuck.
Mayor Fernekes addressled the history of the issue; the meetings and discussions held
with the Board of Supervisors and stressed the concern that emergency vehicle response
time will be impeded if speed bumps are installed. He asked that there be support for
the cost sharing recommendation and a consensus that the proposal include:s a caveat
that if the radar speed limit signs are unsuccessful, after the 6-12 month evaluation
period, the signs be retained by the City for other uses. Council concurred..
City Attorney Mattas advised Council that an understanding will be needed with the
County to indemnify the City against any related claims and to specify the County's
obligation to maintain the signs.
Motion-Gonzalez/Second-Addiego: To direct staff to negotiate a 50% cost sharing with
San Mateo County for solar powered radar speed limit signs on Alta Vista Drive, and
that the City is to retain ownership of the signs if the County decides not to use them
anymore and installs speed bumps, and that San Mateo County has the obligation to
maintain the signs. Unanimously approved by voice vote.
SPECIAL CITY COUNCIL MEETING
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NOVEMBER 29,2006
PAGE 5
9. Direction regarding San Mateo County plan to improve center median on Westborough
Boulevard
Staff report presented by Public Works Director White.
Mayor Fernekes informed Council that the County's preferred alternative was reducing
eastbound traffic on Westborough Boulevard to one lane, otherwise the City could pay
a portion (17%) of the cost for a concrete barrier or double beam guardrail.
Councilman Gonzalez stated support for the double beam guardrail.
Councilman Addiego rationalized that the boulevard is scenic and the guardrail has an
industrial/offensive look, and he would like something more appealing.
Councilwoman Matsumoto asked for the Westborough traffic count figures and Public
Works Director White stated he will get those numbers to Council. Director White
commented that the County public works director did not feel having one lane on
Westborough would cause gridlock. Councilwoman Matsumoto stated she disliked k-
rail as it is often subject to graffiti. She suggested the guardrail be painted to make it
more acceptable.
Vice Mayor Garbarino commented that the one-lane option would be problematic, the
medal railing is unattractive, but more reasonable priced than the concrete barrier.
Mayor Fernekes commented that Council needs to be pro-active to solve the problem.
He asked that the painting of the galvanized railing posts be explored. He stated that he
supports the railing or concrete wall but not the one-lane option.
After a discussion of the aesthetics of a concrete wall, Councilman Addiego stated
support for the guardrail (and that it be painted).
The Council further discussed painting the railing, hiding the barrier with landscaping,
reducing the speed limit to 40 mph, and the City's liability. City Attorney Mattas
advised Council that this is a County facility and the City should not suggest it's design.
City Manager Nagel asked for clarification on the 17% contribution and Mayor Fernekes
stated it would be 17% ofthe total project cost.
Motion-Matsumoto/Second-Garbarino: To direct staffto convey to San Mateo County
the request that the County construct a barrier device on the portion of West borough
Boulevard, within the County's jurisdiction that does not presently contain the barrier,
that the City would request that that would be similar in design to the existing barrier
that is up there but recognizing that the design and engineering and installation of that
would be within the County's discretion and County's responsibility; that the City
would be willing to pay the percentage of cost that we've articulated earlier which
would be 17% of the cost ofthat installation and that the city would request that the
County agree to provide indemnification to the City and hold the city haffillless from any
SPECIAL CITY COUNCIL MEETING
MINUTES
NOVEMBER 29, 2006
PAGE 6
claims that might be filed in relation to the installation, operation, maintenance of that
barrier facility. Unanimously approved by voice vote.
10. Motion to deny requests from applicants at 209 Alta Vista Drive and 275 Country Club
Drive, in the unincorporated Country Club area, for extension of sewer service
Staff report presented by Senior Civil Engineer Chuck.
Mr. Sherman Chiu, resident of Country Club Drive, informed Council of the pending
addition to his home, the fees he paid to the City for the hook-up, and requested an
exemption to the City policy for a connection to the City's sewer system.
(Cassette Tape No.2)
Councilmembers Gonzalez, Matsumoto, and Garbarino stated support for staff's
recommendation to deny the request.
In response to Councilman Addiego's question regarding the fees Mr. Chiu has paid,
Senior Civil Engineer Chuck responded that if the application is denied the (LAFCO
application) fees will be refunded. Councilman Addiego stated he supported the sewer
connection, and for health reasons it is better to have the residents on a sewer system
than septic tanks.
Mayor Fernekes commented that 20 years ago there was a vote on annexation with an
80% vote in opposition. He stated he could not support the piecemeal approach and that
the area should become part of the City.
Councilman Gonzalez stated concern that new property owners are not informed of the
septic tank/sewer connection issue.
Motion-Matsumoto/Second-Gonzalez: To deny the requests from the applicants at 209
Alta Vista Drive and 275 Country Club Drive for extension of sewer service to their
properties. Approved by the following voice vote: Ayes: Councilmembers Gonzalez,
and Matsumoto, Vice Mayor Garbarino and Mayor Fernekes. Noes: Councilman
Addiego. Abstain: None. Absent: None.
11. Resolution approving guidelines for the installation of stop signs
Staff report presented by Senior Civil Engineer Chuck.
Motion-Addiego/Second-Matsumoto: To approve Resolution No. 94-2006, adopting
guidelines for the installation of stop signs within the City of South San Francisco.
Unanimously approved by voice vote.
SPECIAL CITY COUNCIL MEETING
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NOVEMBER 29, 2006
PAGE 7
12. Resolution approving installation of stop at Alta Vista Drive and Mira Vista Way
Staff report presented by Senior Civil Engineer Chuck.
Ms. Suzann Marzetta-Kirk, resident, spoke in favor of the stop sign, commented on the
dangerous driving situation at the corner, and the stop sign will hopefully slow down the
traffic.
Motion-Garbarino/Second-Matsumoto: To approve Resolution No. 95-2006,
authorizing the installation of 3-way stop signs at the intersection of Alta Vista Drive
and Mira Vista Way. Unanimously approved by voice vote.
COUNCIL COMMUNITY FORUM
No report.
ADJOURNMENT
Being no further business, Mayor F ernekes adjourned the meeting at 11: 1 0 p.m. in memory of
Daphne Pignone and Antonia Gonzalez.
Submitted by:
J
~n u^a~
Sylvia M. Payne, 6ity Clerk*
City of South San Francisco
Approved:
i0'e1~ 11 /i~..
Joseph A. FerneU{r~ayor
City of South San Francisco
*meeting attended by Deputy City Clerk Sara Nichols
SPECIAL CITY COUNCIL MEETING
MINUTES
NOVEMBER 29,2006
PAGE 8