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HomeMy WebLinkAboutMinutes 1993-01-13 Mayor Roberta Cerri Tcglia Council: Jack Drago Joseph A. Fernekes --John R. Penna Robert Yee MINI2I_ES City Council City Council Conference Room city Hall January 13, 1993 NOTICE IS HEREBY GIVEN, pursuant to Section 54955 of the Government code of the State of California that the special meeting of the City Council of the City of South San Francisco held on the 6th day of January 1993, at 4:00 p.m. in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California, was adjourned to an adjourned special meeting to Wednesday, the 13th day of January at 3:00 p.m. in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions, litigation and interviewing of executive search firms for the position of City Manager. Ileputy Cit3fl~lerk City of South San Francisco ~ated: January 7, 1993 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions, litigation and interviewing of executive search firms for the position of City Manager. Councilman Penna arrived at the Podium at 3:40 p.m. RECALL TO ORDER: ACTION TAKEN 3:14 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Femekes, Yee, and Teglia. Peuna Council adjourned to a Closed Session at 3:18 p.m., to discuss the item noticed. Mayor Teglia recalled the meeting to order at 6:05 p.m., all Council was present, no action was taken. M/S Penna/Yee - To adjourn the meeting. Carried by unanimous voice vote. 1/13/93 Page 1 --~DJOURNMENT Time of adjournment was 6:07 p.m. 023 RESPECTFULLY SUBMITTED, Elaine J. Bill, Deputy City Clerk City of South San Francisco APPROVED. The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 1/13/93 Page 2 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes -'-Iohn R. Penna Robert Yee MI UTI S City Council Municipal Services Building Community Room January 13, 1993 CALL TO ORDER: ROLL CALL: Afl NDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ommending Resolution for Marie Peterson AGENDA REVIEW ORAL COMMUNICATIONS ACTION TAKEN 7:32 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Femekes, Penna, Yee, and Teglia. None. The Pledge was recited. Given by Rev. Mert Johnson, Our Redeemer Lu- theran Church. PRESENTATIONS Mayor Teglia directed staff to find the Resolution, and it would be heard later in the meeting. AGENDA REVIEW City Manager Armas stated that there were no changes to the Agenda. ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont Ave., cited the follow- ing concerns: report in the Enterprise Journal on fault line on South Slope; had learned that Mr. Dean no longer owns the property, yet he had given ac- cess to the mountain for pedestrians; had talked to Calif. Water Co. regarding the water tower and had been assured that soil tests had been done and ev- erything was okay; did realize that the fault line was inactive at this time, but concerned about the future in the event of an earthquake. She questioned who was responsible for cleaning the catch basins, and who pays for the bales of hay on the mountain and maintenance thus far. City Manager Annas stated that the maintenance was being done under contract by the Developer, but 1/13/93 Page 1 ORAL COMMUNICATIONS COMMUNITY FORUM 1/13/93 Page 2 AcIIQN ORAL COMMUNICATIONS he did not know about the catch basins and would report back. lVts. Pont stated that ~er talking to a U.S. Geologist on the mountain she had gone to Menlo Park to get copies of the fault map and other information, how- ever, the office was closed, but she hoped to have further information in April. She stated that she was particularly concerned because she lived within 500' of the fault line. Mayor Teglia asked that the item be agendized for the next meeting with a staff report covering: own- ership status; maintenance; public access; if there was erosion; fault line; physical project status. She felt that it was known that there was a fault line on the slope, and commented that a good part of several cities were on a major fault line. Councilman Yee stated that Ms. Pont had contacted him during the holidays over the matter, and he had asked the Assistant City Manager earlier today to make a report. Assistant City Manager Mattel related: engineering had known of its existence, as well as the Develop- er; Developer and the City did two investigations through soils and geotechnical analyses, and that information was contained in the EIR; consultants felt that the fault had existed for hundreds of years; had contacted the geologist Ms. Pont had spoken with regarding the water tank and fire station being built on the fault and the geologist felt that there is no danger; geologist had not indicated a fault line, but a fault zone and did not remember discussion about the roads, and felt that the problem had to do with faulty road construction; geologists have been studying the mountain for maps for 20 years and had found no evidence of new movement, cracks or fissures; engineering had discussions with the geol- ogist during the permit process, etc. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 12/9/92, Regular Meeting of 12/9/92, and Special Meeting of lanuary 6, 1993. CONSENT CALENDAR Approved. 2. Motion to confirm expense claims of 1/13/93. ~ O t 3 Motion to accept the Water Quality Control Plant Electrical Rehabilitation Project as complete in accor- dance with the plans and specifications. .~OSg 7 Motion to accept the 1991-92 Street Resurfacing Program as complete in accordance with the plans~o._~ and specifications. Resolution amending agreement with Tillo Products Co. for sewage sludge disposal services. .g'O ~ '7 A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AGREEMENT FOR SEWAGE TREATMENT PLANT SLUDGE RE- MOVAL Resolution authorizing agreement with CH2M Hill to continue design services during construction phase of Oyster Point Interchange. 5 I I {, A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONTINUATION OF DESIGN SERVICES DURING CONSTRUCTION PHASE FOR THE OYSTER POINT INTERCHANGE Resolution authorizing agreement with Harris & Assoc. to provide construction management services for the Oyster Point Interchange Project. ~q'/ A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE OYSTER POINT INTERCHANGE Resolution awarding contract for Aircraft Noise Insu- lation Project - Phase VII to G. E. Chert Construc- tion, Inc. in the amount of $748,528, as the lowest responsible bidder, and authorizing a supplemental agreement with architectural design firm for 18 addi- tional homes. ~:z~ Approved in the amount of $4,309,498.04. So ordered. So ordered. RESOLUTION NO. 1-93 RESOLUTION NO. 2-93 RESOLUTION NO. 3-93 1/13/93 Page 3 CONSENT CALENDAR Resolution - Continued. A RESOLUTION OF AWARD OF CONTRACT FOR AIRCRAFT NOISE INSULATION PROJECT, PHASE VII 9. Resolution calling for the convening of a Fiscal Re- view Committee to review impact of proposed El Camino Corridor Redevelopment Project. ~6'D ~ c~ CONSENT CALENDAR RF_~OLU'~ON NO. 4-93 10. A RESOLUTION CALLING FOR THE: CONVEN- ING OF A FISCAL REVIEW COMMIT~E Resolution authorizing contract with Gordon H. Chong & Assoc. for study of feasibility of placement and construction of Parking Lot Structure between City Hall and Grand Ave. Library. A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A STUDY REGARDING THE FEASIBILITY OF LOCATING A PARKING LOT STRUCTURE BETWEEN CITY HALL AND GRAND AVENUE LIBRARY Commending Resolution for Marie Peterson 10. Resolution authorizing contract with Gordon H. Chong & Assoc. for study of feasibility of placement and construction of Parking Lot Structure between City Hall and Grand Ave. Library. .~0 ~ A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A STUDY REGARDING THE FEASIBILITY OF LOCATING A PARKING LOT STRUCTURE BETWEEN CITY HALL AND GRAND AVENUE LIBRARY RESOLUTION NO. 5-93 Removed from the Consent Calendar for discussion by Mayor Teglia. MIS Fernekes/Yee - To approve the Consent Calen- dar with the exception of Item No. 10. Carried by majority voice vote, Councilmembers Penna and Teglia abstained on Item No. 9. Mayor Teglia presented the Commending Resolution to Marie Peterson, and stated that it was a privilege to know and work with Mrs. Peterson. City Engineer Von Dohren stated that direction had been given by Council to look at a parking structure and prepare bid proposals. He stated that three proposals had been received, and the recommenda- tion was to award the bid to Gordon H. Chong & Assoc. Mr. Victor Feudale stated that this would compro- mise the fountain, City Hall and the library that were historic resources. He felt that the amount of money needed for this project would be better spent double decking present lots or buying new ones. 1/13/93 Page 4 ._~ONSENT CALENDA~ 0. Resolution- Continued. ADMINISTRATIVE BUSINESS 11. Motion to provide direction to staff regarding possible acquisition of the Wind Chime Tower and the parcel of land on which it is located at no cost to the City. ~'-oo ~ CONSENT CALENDAR Councilman Penna lef~ the podium after stating that he had a conflict of interest in that he owned prop- erty across the street. Mr. lake Jones stated that the Historical Society was asking that the Council deny this request because it was detrimental to the historic civic center, and felt the City should improve existing lots instead. He questioned what employee had made this sugges- tion. Discussion followed: that the recommendation came from the Parking Place Commission; Councilman Drago did not feel this was the time to spend money on feasibility studies; Vice Mayor Fernekes was against the money being spent for this, and preferred it being spent for double decking lots; Councilman Yee felt $27,000 was a lot of money for a study, and yet not look at seismic impacts on civic center; Mayor Teglia remembered this coming up many times over the years from the Commission, and if the work was done it would be paid for by the Park- ing District and not the General Fund; suggested Historical Society meet with staff or the Commission on this issue. MIS Yee/Fernekes - To reject the proposal. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Director of Recreation, Parks & Community Ser- vices Nagel presented his staff report. Discussion followed: Councilman Yee was con- cerned about the liability involved; Mayor Teglia wanted staff to further investigate; Councilman Drago was concerned about the City paying for the improvement, and felt that the City should go to the public for the improvement funds; Mayor Teglia agreed, and thought the Historic Preservation Com- mission should go to the public for the funds; Councilman Penna thought that the County normally forecloses after five years of unpaid taxes; City Manager related that windchimes land is a separate parcel, and maybe County didn't foreclose because of liability; how had the $3:5,000 figure been de- rived. 1/13/93 Page 5 __ADMINISTRATIVE BUSINF_~S 1. Motion- Continued. 12. Resolution to approve the location identified in the Orange Park-Expansion Design Refinement Plan to,, accommodate a potential "Art Rise~ Studio Theater. A RESOLUTION APPROVING LOCATION IN THE ORANGE PARK EXPANSION DESIGN RE- FINEMENT PLAN FOR "ART RISE" STUDIO THEATER 5o ADMINISTRATIVE BUSINESS M/S Fernekes/Drago - Direct staff to pursue, and obtain additional information. Carried by unanimous voice vote. Director of Recreation, Parks & Community Ser- vices Nagnl. stated that Art Rise, is4ookingfor a permanent home with 4,000 sq. ft. and the Master Plan had been looked at for Orange Park, and a location had been identifiedl He stated that if the Council adopted the resolution it would help Art Rise's endeavors for fund raisers for construction and the Recreation Commission had approved the request. Mr. Jake Jones stated that he was in favor of a theater in Orange Park, but did not feel it should be named for any one group and everyone should be able to use the facility. He stated that Art Rise charged money for their performances and, therefor, should be able to pay rent for a facility. He stated that he did not feel that special interest groups should take over City property when there existed a stage at the $iebecker facility. Mayor Teglia stated that her understanding was that they have to raise money to built it, and this just identifies a site, however, the City had not worked out who would use it. Ms. Maggie Pierson, Art Rise, related: that Art Rise had to raise $500,000 to build a building, and we are not saying it is only ours; we are interested in a site being designated for this type of quality community theater; the cost per performance was $I,000; no one was paid, and there were open audi- tions; if approved they could go to Corporations for funding - which would take at least five years. Discussion followed: Councilman Yee would sup- port it, but had seen other plans without a time period, and wanted a five year clause added that could be extended; Councilman Drago agreed, but wanted other groups to use the facility also; Mayor Teglia spoke of the fixed needs of a theater group, i.e., lights, equipment, and props that would be safeguarded; she did not have a problem with a five year clause. 1/13/93 Page 6 ADMINISTRATIVE BUSINESS 2. Resolution - Continued. 13. Motion to:approve fee waiver guidelines and policies;: and authorize the Director of Parks, Recreation and , Community Services to administratively review and approve or deny fee waiver requests for facility use. 030 ADMINISTRATIVE BUSINESS MIS Yee/Drago - To adopt the Resolution with a five year time table. RESOLUTION NO. 6-93 Carried by unanimous voice vote. Director of Recreation, Parks & Community Devel- ' opment Nagel presented his staff report. Discussion followed: why the School District used our facilities when they have their own; that there were trade offs between the two Bodies; whether the girl scouts were exempt by law from these fees; City Attorney would find out if they were exempt, etc. Ms. Nelva Marfinez related: was opposed to a fee for a non-profit organization; Council was composed of a former Fire Chief, a former School Board Member, a member with his name all over the City (Penna), and a former employee with experience in handling money (Yee), and Teglia, whom everyone knew; she always voted, and had voted for the Council expecting them to do the right thing; had talked before 300 people but was nervous talking to five; she volunteered many hours for the feed the hungry program; felt that the festivities for the hispanic community were cultural with great benefit to the community, and should not be charged a fee. Mrs. Eldie Gonzales read a letter from Superinten- dent of Schools Riggs, dated 1/13/93, that spoke again.st fees being charged for the Mexican Inde- pendence Day festivities because of the educational benefits derived. Mr. Pedro Gonzales stated that charging a fee would create a hardship, and felt that non-profit organiza- tions holding outdoor community events should be exempt from fees. He stated that he had asked why the Recreation Commission meetings were not published, and as a Commi~ioner had been told it was because they had to pay for it, and staff had sent letters to non-profit organizations. 1/13/93 Page 7 __ADMINISTRATIVE BUSINESS 3. Motion - Continued. 1/13/93 Page 8 ADMINISTRATIVE BUSINESS Mayor Teglia suggested scheduling another hearing before the Commission, and bringing this back later to the Council. Miss Alma Jacuinde, High School Student, ex- pressed appreciation for the September Mexican festivities. Mr. Pablo Gonzales spoke agn_inst fees being charged for hispanic cultural events because their value to the community in culture and heritage. Miss Elizabeth Contreras, High School Student, spoke of the folkloric dancers that perform without charge during the Mexican festivities. Mr. Pedro Gonzales asked the Council to strike out the gradual 50% fee for the next few years to allow the word to go out to the people. Mr. Jake Jones stated that this had come up during his tenure as a Commissioner and he had asked the Director what this fee would result in, and was told that this would save only $15,000-20,000 a year when these various organizations gave much to the Mayor Teglia spoke of budget restraints and this was the first step in many to be made. Discussion followed: that there were 20 org_n~ni~a- tions involved, and only six had attended the public meetings before the Commission; that Council's intent was to cover out of pocket expenses such as overtime for janitors; to exempt groups contributing to the cultural events of the City, and make up the difference by charging the Arts and Wine Festival more; that the savings was not significant in doing this; to elimin_n_te fees for outdoor events, but have them pay for any overtime; that this was a small amount in comparison to the benefit to the commu- nity; Councilman Yee wanted to give notice over the next few years for a percentage fee, and do nothing on this tonight, and make a decision at budget time; Councilman Drago wanted to waive fees for outdoor events excluding overtime; Councilman Fernekes agreed with Councilmembers Yee and Drago; May- or Teglia agreed to hold off a decision, and look at Arts and Wine Festival as a paying function; what were the real out of pocket expenses for setting up ~DMINISTRATIVE BUSINESS 3. Motion - Continued. 14: Discussion and direction on desired amendments to the residential second units ordinance, Chapter 20.79 of the Municipal Code. .~C ~c~ 03Z ADMINISTRATIVE BUSINESS stages and chairs; should charge for any insurance fees, etc. M/S YeefPenna - That all requests for facility per- mits should be handled by the Director of Recre- ation, Parks & Community Services, and accept guidelines for a 100% waiver until changed by ' Council. Carried by unanimous voice vote. Chief Planner Solomon stated that the staff report responded to Council concerns, and staff needed direction for any future action. Councilman Penna stated that he felt people that have room to add a granny unit in a basement or elsewhere should be allowed to do so without addi- tional parking, setbacks, or landscaping to open up housing in the City. Discussion followed: Councilman Drago wanted the granny units to be for families only so it would not cause problems in the neighborhood; why had only three applications been received in six years, and only one approved; assumption is that the ordinance is too restrictive, land is more than the State; that the additional parking space requirement limits the opportunity for people to come forward; staff did not have a recommendation because this was a value judgment on parking; if there were two parking spaces and an additional 640 sq. ft. was added Councilman Yee then felt it was sufficient, however, if there was not street parking it could cause prob- lems; there were enough crimes now because of homes being rented out, and Mayor Teglia wanted to discourage cutting up homes and destroying neighborhoods; granny units cease to be then when the granny leaves and the unit is rented out; that San Mateo and Burlingame do allow this; Councilman Penna felt that blight was a product of an individual, and wanted quality type housing; City could not say that an individual could not rent to those other than family; Council should look at the real causes of blight; market place is dictating granny units for housing; Vice Mayor Fernekes wanted to see what other cities are doing, as well as have input from Planning Commi.~sion; that at the time of sale of a house, the City then had a tool to find illegal 1/13/93 Page 9 ADMINISTRATIVE BUSINESS 4. Discussion- Continued. 15.. Motion approving Council policy on Sister. City ex- penses. 5'1~ 3 16. Resolution authorizing agreement with an executive search firm related to the selection of a new City Manager, and approving Budget Amendment No. 93-6 to the Operating Budget. A RESOLUTION AUTHORIZING AGREEMENT WITH AN EXECUTIVE SEARCH FIRM RELAT- ED TO THE SELECTION OF A NEW CITY MANAGER, AND APPROVING BUDGET AMENDMENT NO. 93-6 TO THE OPERATING BUDGET ;~ I 2 LEGISLATIVE BUSINESS 17. Motion to waive reading and introduce an ordinance revising Municipal code Chapter 14.08 entitled 'Wa- ter Quality Control.' AN ORDINANCE AMENDING SECTIONS 14.08.020, 14.08.100, 14.08.120, 14.08.130, 14.08.160, 14.08.180, 14.08.190, 14.08.200, 14.08.220, 14.08.260, 14.08.310, 14.08.500, 14.08.520 AND 14.08.530 ENTITLED "WATER QUALITY CONTROL" OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ITEMS FROM COUNCIL · ~. Oral Committee Reports ADMINISTRATIVE BUSINESS granny units; Councilman Drago wanted to know the legal limits of Council authority on granny units; there were provisions now for owner occupied with deed restrictions; City Attorney O'Toole related that with adoption of new law it was questionable wheth- er the City could enforce that; City had latitude in parking, set backs, and height limits, etc. Consensus of Council - To direct staff to bring back requested information. MIS Yee/Drago - To approve the recommendation. Carried by unanimous voice vote. MIS Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 7-93 Carried by majority voice vote, Councilman Drago voted no. LEGISLATIVE BUSINESS Director of Public Works Parini presented his staff report, and stated that the ordinance complied with Federal regulations. M/S Fernekes/Drago - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Fernekes/Drago - To introduce the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL The Council chose not to give reports. 1/13/93 Page 10 0:34 ITEMS FROM COUNCIL 9. Discussion and direction regarding land use regula- tions (Councilman Penna). ~- 1 ~'~ GOOD AND WELFARE ITEMS FROM COUNCIL Councilman Penna stated that he had noticed a reluctance for people to come to the City to get permits because of the parking and set back regula- tion, and conflicts between the Building Division and the Pl_anning Department which placed the indi- vidual in a "catch 22" position. He stated that contractors are saying "do it, and don't worry about permits", and the City is losing money for permits to put in heaters. He stated that he wanted the matter referred to the Planning Commission. councilman Drago questioned how planning got involved when they were talking about industrial districts. He wanted to see specific requests and tracing, because there was a place on Airport that ignores landscaping requirements. City Manager Armas stated that the problem was with non-conforming uses or maybe land configura- tion created problems. Mayor Penna questioned: why there was a quansit hut on Linden Ave. and what was Planning doing about it; was been told that 6,000 sq. ft. building needed 40 parking stalls yet the property only had room for 18 stalls. Mayor Teglia related: that parking is a big prob- lem; Council needed flexibility for the exceptions in the industrial areas; there were problems in neigh- borhoods with large lots with lanes. Councilman Penna wanted this tied into public trans- portation. Consensus of Council - For staff to study Council- man Penna's concerns. Councilman Penna thanked Bayview for contributing the equipment for the hearing impaired. GOOD AND WEI.FARE Mr. lake Jones stated that he was glad that the graffiti perpetrators had been caught, and he hoped they would be prosecuted. 1/13/93 Page 11 _CLOSED SESSION Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: 21. Motion to adjourn the meeting to Wednesday, 1/20/93, 7:00'p.m~., ~City Council Conference Room,'; - City Hall, for discussion of the following items: 1. Employee Attitude Survey; 2. Street Medi- ans/Islands; 3. Code Enforcement & Weed Abatement strategies; and 4. Closed Session pursuant to Gov- ernment Code. ADJOURNMENT CLOSED SESSION Council adjourned to a Closed Session at 10:15 pm. to discuss property negotiations pursuant to GC 54956.8 on School surplus property, and labor rela- tions on Police Unit C pursuant to GC 54957.6. Mayor Teglia recalled the meeting to order at 11:20 p.m., all Council present, no action was taken. M/S Femekes/Drago - To adjourn the meeting o Wednesday, 1/20/93, 7:00 p.m.,~ City Council Con- ference Room, City for the stated purposes. Carried by unanimous voice vote. Time of adjournment was 11:20 p.m. RESPECTFULLY SUBMITTED, Ej/aine J. BilE, Deputy City Clerk City of South San Francisco APPROVED. Rober~a Cerri T6gl~Mayor 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 communica- tions, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 1/13/93 Page 12