HomeMy WebLinkAboutMinutes 1993-04-14 Mayor Roberta Cerri Teglia
Council:
Jack Drago
Joseph A. Fernekes
..... -lohn R. Penna
Robert Yee
MINUTES
City Council
Municipal Services Building
Community Room
April 14, 1993
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
~ PLEDGE OF ALLEGIANCE:
PRESENTATIONS
Proclamation - National Library Week April 18-24, 1993
"-'GENDA REVIEW
ORAL COMMUNICATIONS
COMMUNITY FORUM
CONSENT CALENDAR
1. Motion to approve Minutes of the Regular Meeting of
3/24/93.
Motion to confirm expense claims of 4/14/93.
~.. Resolution approving budget amendment for the weed
abatement program.
ACTION TAKEN
7:44 p.m. Mayor Pro Tem Fernekes presiding.
Council Present: Drago, Penna, Yee, and
Fernekes.'
Council Absent: Teglia.
The Pledge was recited.
PRESENTATIONS
Councilman Yee read the Proclamation aloud and
presented it to Library Boardmember Galeno.
AGENDA REVIEW
Interim City Manager Martel stated that there were
no changes to the Agenda.
Mayor Pro Tern Fernekes noted that Item No. 17
would be continued to the next meeting.
ORAL COMMUNICATIONS
Ms. Maggie Pierson, Art Rise, gave an update on
the new production "Relatively Speaking", and
invited the community to attend the performances.
COMMUNITY FORUM
N° one chose to speak.
CONSENT CALENDAR
Approved.
Approved in the amount of $1,679,423.89.
4/14/93
Page 1
AGENDA ACTION TAKEN
CONSENT CALENDAR
~. Resolution - Continued.
A RESOLUTION AUTHORIZING WEED ABATE-
MENT BY PRIVATE CONTRACT AND APPROV-
ING BUDGET AMENDMENT 93-9 TO THE 1992-
1993 OPERATING BUDGET
Resolution amending the Capital Improvement Pro-
gram Budget for the Baden Avenue Reconstruction
Project in the amount of $150,000.
Resolution authorizing a grant application to the
California State Library for Families for Literacy
funds in the amount of $20,750. 5'0Z3
A RESOLUTION AUTHORIZING THE SUBMIT-
TAL OF A GRANT APPLICATION FOR LIBRARY
SERVICES AND CONSTRUCTION ACT FUNDS
(FAMILIES FOR LITERACY)
6. Resolution awarding construction contract for the
,--. Oyster Point Interchange to Oliver De Silva in the
amount of $18,578,596 as the lowest responsible
bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE OYSTER POINT INTERCHANGE PRO-
JECT AND AUTHORIZING BUDGET AMEND-
MENT 93-11 TO THE 1992-1993 CAPITAL IM-
PROVEMENT BUDGET
Resolution amending the Capital Improvemem Budget
to appropriate construction funds in the Gateway
Assessment District. ,5- I 2, O
A RESOLUTION APPROVING BUDGET
AMENDMENT 93-12 TO THE 1992-1993 CAPI-
TAL IMPROVEMENT BUDGET
o
Resolution awarding comract for parking lot land-
scaping to New Horizon Landscaping in the amount
of $59,131 as the lowest responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE PARKING LOT LANDSCAPING PRO-
JECT
CONSENT CALENDAR
RESOLUTION NO. 32-93
Removed from the Consent Calendar for discussion
by Councilman Drago.
RESOLUTION NO. 33-93
Removed from the Consent Calendar for discussion
by Councilman Drago.
RESOLUTION NO. 34-93
Removed from the Consent Calendar for discussion
by Councilman Drago.
4/14/93
Page 2
A~ENDA ACTION TAKEN
CONSENT CALENDAR
Resolution approving plans and specifications, autho-
rizing the work and calling bids for the 1992-93
Street Resurfacing Project.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE WORK
AND CALLING BIDS FOR THE 1992-93 STREET
RESURFACING PROJECT
10.
11.
Motion to accept the Municipal Services Building
Roof Replacement Project as complete in accordance
with the plans and specifications. ~O~ d~
Resolution approving budget recommendations for the
Downtown Commercial Rehabilitation Program for
Tyle Color in the amount of $5,000. .~O~
A RESOLUTION APPROVING BUDGET RECOM-
MENDATION FOR TYLE COLOR, A NEW BUSI-
NESS IN THE DOWNTOWN COMMERCIAL
REHABILITATION PROGRAM
Resolution authorizing agreement with Peninsula
Corridor Joint Powers Board for the Oyster Point
Interchange. 5 1
A RESOLUTION AUTHORIZING AND DIRECT-
ING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR CONSTRUCTION AND ON-
GOING MAINTENANCE OF THE NEW OYSTER
POINT BOULEVARD BRIDGE
13.
Resolution accepting dedication of easement for storm
drain maintenance and access to City property, and
dedicating an easement to the Basque Cultural Center
for access and parking on City property. _~O ~ tO
A RESOLUTION ACCEPTING AND GRANTING
SPECIFIC EASEMENTS ON PROPERTY LOCAT-
ED BETWEEN RAILROAD AVENUE AND
NORTH CANAL STREET AND COMMONLY
REFERRED TO AS THE MAGNOLIA AVENUE
RIGHT-OF-WAY
._1.4. Resolution authorizing joint public hearing on El
Camino Corridor Redevelopment Plan. ~'D~a]
A RESOLUTION AUTHORIZING A JOINT PUB-
LIC HEARING OF THE CITY COUNCIL OF THE
CONSENT CALENDAR
Removed from the Consent Calendar for disCUssion
by Councilman Yee.
So ordered.
RESOLUTION NO. 35-93
RESOLUTION NO. 36-93
RESOLUTION NO. 37-93
RESOLUTION NO. 38-93
4/14/93
Page 3
A~ENDA ACTIQ~ TAKEN
CONSENT CALENDAR
4. Resolution - Continued.
CITY OF SOUTH SAN FRANCISCO AND THE
REDEVELOPMENT AGENCY OF THE CITY OF
SOUTH SAN FRANCISCO TO CONSIDER ADOP-
TION OF THE PROPOSED REDEVELOPMENT
PLAN FOR THE EL CAMINO CORRIDOR REDE-
VELOPMENT PROJECT AREA
o
Resolution amending the Capital Improvement Pro-
gram Budget for the Baden Avenue Reconstruction
Project in the amount of $150,000. S0 ~0
A RESOLUTION APPROVING BUDGET
AMENDMENT 93-10 TO THE 1992-1993 CAPI-
TAL IMPROVEMENT BUDGET
CONSENT CALENDAR
105
M/S Penna/Drago - To approve the Consent Calen-
dar with the exception of Items No. 4, 6, 8 and 9.
Carried by unanimous voice vote.
Councilman Drago related: this Project started and
was approved three years ago for $550,000.00;
during the design process they discovered it would
cost more and it was raised $580,000; tonight staff
was asking for an additional $150,000 which brings
it up to over a million dollars. He questioned why
this didn't show up in the original design when there
had been soils tests and now they are again asking
about the soil.
City Engineer Van Dohren stated that the project
was begun and designed in 1986, and subsequently
went to construction. He stated that the project
came back in 1989 as it was to be designed in-
house, and when he started looking at it in the fall
of 1991 the staff had completed 30% of the design.
He stated that there was a desire to get the design
finished and go to construction and staff came back
to Council and requested that Council approve hav-
ing it designed by a consultant because staff could
not do it in priority order. He continued, the con-
sultants did the design; soils tests were done in
1986, however,' the depth of the utilities was not
reported; took twenty soil samples in four street
blocks and thought that was sufficient; then came up
with the design and the bids were $725,000 for
construction which was awarded in June 1992; had
problems between Spruce and Magnolia with the
depth of the utilities, and had to do a lot of utility
moving; had soil problems in the first and second
blocks on the R test to see how well the soils hold
together because the street was soft; dug out and
filled the streets which accounted for several change
orders for the second and third blocks; this addition
4/14/93
Page 4
AGENDA ACTION TAKEN
Resolution - Continued.
Resolution awarding construction contract for the
Oyster Point Interchange to Oliver De Silva in the
amount of $18,578,596 as the lowest responsible
bidder. ,5'/]
A RESOLUTION OF AWARD OF CONTRACT
FOR THE OYSTER POINT INTERCHANGE PRO-
JECT AND AUTHORIZING BUDGET AMEND-
MENT 93-11 TO THE 1992-1993 CAPITAL IM-
PROVEMENT BUDGET
1.06'
al money was sufficient to finish the project, &c. ~
Councilman Drago stated that his concern was in
using Measure A funds which he thought were
designated for the Hiekey Extension.
Director of Public Services Parini stated that they
were not suggesting that any road funds be used,
instead they had a windfall of $50,000 that was not
expended on a job, and staff had been conservative
on the CIP and had added a contingency allowance
in budgeting the project.
Discussion followed: that they were old streets with
soft soils; that future repair of streets would be more
costly because of the soil problem; Councilman Yee
noted that the project had a 20% overrun, and
should not be on the Consent Calendar; he felt the
Council should be more concerned with future pro-
jects to see that this does not happen again; he stated
that there was a $700,000 contingency that was not
talked about; ability of the soil to support the street;
staff should avoid assumptions when doing designs;
etc.
M/S Drago/Yee -. To adopt the Resolution.
RESOLUTION NO. 39-93
Carried by majority voice vote, Councilman Perma
abstained because he manages a property on that
street.
Councilman Drago noted that the bids were close,
but questioned why the staff report did not show the
firms involved.
Councilman Yee questioned why the engineer's
report was not in the staff report, and whether the
money was nailed down.
Director of Public Services stated that the money
was nailed down.
Councilman Yee stated that the resolution says that
Council rejects all other proposals which he did not
want to do until the contract was finished.
City Attorney O'Toole stated that that line could be
removed, however, it had been put in because of the
bid bonds being $2,000,000.00.
4/14/93
Page 5
8;
AGENDA
Resolution - Continued.
Resolution awarding contract for parking lot land-
scaping to New Horizon Landscaping in the amount
of $59,131 as the lowest responsible bidder.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE PARKING LOT LANDSCAPING PRO-
JECT
Resolution approving plans and specifications, autho-
rizing the work and calling bids for the 1992-93
Street Resurfacing Project. .5'0~0
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE WORK
AND CALLING BIDS FOR THE 1992-93 STREET
RESURFACING PROJECT
ACIIQN TAKEN
107
Councilman Yee stated that he wanted it removed
because if the City failed to enter into the contract
then it would have to go back out to bid.
M/S Yee/Drago - To adopt the Resolution with the
deletion of Item No. 3.
Councilman Drago commended Director of Public
Services Parini for his work on this project.
RESOLUTION NO. 40-93
Carried by unanimous voice vote.
Councilman Drago stated that again staff did not
indicate if these were local bidders, and wanted
these to remain local.
City Engineer Van Dohren stated he thought the
firm was on the peninsula.
M/S Drago/Yee - To adopt the Resolution.
RESOLUTION NO. 41-93
Carried by unanimous voice vote.
Councilman Yee questioned: how many miles of
streets were proposed; how many streets were in the
proposal; if a street cost $260,000 for a mile and we
do this - it will take 100 years to complete; should
look at a better way to do this to maximize the
dollars, and not go ahead with this project and see
what is the best way to go.
Discussion followed: pavement management system
had prioritized streets to a program level and levels
of maintenance; that system had been followed this
year; Councilman Yee wanted a copy of that report;
Councilman Penna wanted more information; the
street overlay program had been going on for three
years without problems of being over budget; was it
possible to carry $260,000 to the next fiscal year
with a consensus of Council so the money would not
be lost; because of the source of funds -- if they
are not used by June 30th, they would be lost; to
look at this in the next year's budget session; there
were no partnership grants on this, etc.
Consensus of Council - To postpone the item to a
future meeting after more information is received.
4/14/93
Page 6
AGENDA ACTION TAKEN
Resolution - Continued.
ADMINISTRATIVE BUSINESS
15. Request for a sign permit fee waiver from Our Re-
demers Lutheran Church. 5't9~ a/
16.
Resolution authorizing an agreement with Hilton
Farnkopf & Hobson to conduct a review of the Scav-
enger Company's. 1993-95 rate request, and 59.9,'7
appropriating the required funds.
A RESOLUTION AUTHORIZING AND DIRECT-
ING THE CITY MANAGER TO EXECUTE AN
AGREEMENT TO PROVIDE RATE REVIEW
SERVICES FOR THE SOUTH SAN FRANCISCO
SCAVENGER COMPANY AND APPROVING
BUDGET AMENDMENT 93-10 TO THE 1992-1993
OPERATING BUDGET
Interim City Manager Martel stated that the apPro-
priation would not carry over automatically, but the
Council could reappropriate it and discuss it at a
study session.
ADMINISTRATIVE BUSINESS
Assistant to City Manager Mitchell-Wade stated that
the Church was experiencing financial difficulty and
had made this request to waive the $200 sign permit
fee.
She stated that if the Council decides to waive the
fee it would be setting a precedent for other types of
request for non-profit organizations.
Mrs. Dorothy Chirolo, 557 Joaquin Dr., stated that
this was a small church and the sign would be closer
to El Camino Real to allow recognition for resi-
dents. She stated that the Church's budget was
primarily salary, and they contributed to feeding the
homeless. She urged the Council to approve the
request.
M/S Drago/Yee - To waive the sign permit fee.
Discussion followed: that the fee was to cover staff
time for review of the permit; this was not a
precident with only one request; this was only a
replacement of an existing sign; a policy should be
set for requests from non-profit organizations; limit-
ing your ability for first amendment rights - that is
an endangering preeident; this is the first request in
seven years, etc.
Carried by unanimous voice vote.
Director of Finance gave the staff report requesting
adoption of the resolution for a review of the Scav-
enger Company's rate request, appropriating the
funds, and authorizing a review of rate structure.
She related: the fee will be reimbursed .by the Scav-
enger Compar~y; request for the Council to look at
the rate structure for an additional can; waste reduc-
tion rather than reward people for more waste; to
come up with good estimates if 2% cost is passed on
to customers; contract is based on hours worked
with a cap, etc.
Councilman Yee stated that if the Council was going
4/14/93
Page 7
AGENDA
ADMINISTRATIVE BUSINESS
6. Resolution- Continued.
PUBLIC HEARINGS
17.
18.
Public Hearing - Consideration of Appeal of Use 5'05'0
Permit UP-92-917 and environmental determination to
allow a retail/wholesale store offering groceries and
janitorial items situated in the Brentwood Shopping
Center at 249 Kenwood Way in the Retail Commer-
cial (C-l) Zone District in accordance with provisions
of South San Francisco Municipal Code Chapter
20.22.060, Case No. UP-92-917, Negative Decla-
ration No. 739, Applicant Smart & Final, Owner:
Brentwood Holding Co. (Appeal by Tony Khorozian);
Open Public Hearing; Motion to continue the item to
4/28/93.
Public Hearing - 1993-94 Community Development
Block Grant Program; Conduct Public Hearing; and
provide direction to staff regarding funding priorities
for the 1993-94 program year. .ffZ~'~
_AC_T!Q N TAKEN
ADMINISTRATIVE BUSINESS
109
to spend $30,000 Council should know the scope of
work. He felt that this sould go to a Subcommittee
rather than just spend the $30,000.
Mayor Pro Tem Fernekes asked if Councilman Yee
wanted to postpone the item until there was a Sub-
committee recommendation.
Discussion followed: how this firm was selected;
staff did not go out for proposals, however, this
firm had made a propOsal; there was time to move
expeditously, etc.
Consensus of Council - To have a Subcommittee
formed at the study session, and continue the item.
PUBLIC HEARINGS
Mayor Pro Tem Fernekes opened the Public Hear-
ing.
MIS Penna/Yee - To continue the item to 4/28/93.
Councilman Drago questioned who had asked for the
item to be continued.
Interim City Manager Martel stated that the Mayor
had.
Carried by unanimous voice vote.
Mayor Pro Tem Fernekes opened the Public Hearing
and stated that he would allow three to five minutes
per agency to speak.
CDBG Coordinator Fragoso explained that the City
was scheduled to receive CDBG entitlement of
$600,000 for 1993-94 which was an increase of
$62,000 from the prior year's grant. She stated that
there was also $35,007 from the prior year, and
$10,000 in reprogrammed funds available for a total
of $645,007.
She proceeded to explain the purpose of the two
public hearings: opportunity for citizen participation;
obtain citizens views on the housing and community
development needs, etc.
4/14/93
Page 8
AGENDA
ACTION TAKEN .
110
PUBLIC HEARINGS
8. Public Hearing - Cominued.
Public Hearing - Precise Plan to allow expansion of
an existing boat yard and storage facility at 671 Mari-
na Blvd. in the Oyster Point Marina Specific Plan
Zone District - Applicant Summit Marine by Ron H.
Rozak, owner; Conduct Public Hearing; Motion to
approve Precise Plan 92-24 based on the findings and
conditions of approval. ~ I ~/~
PUBLIC HEARINGS
The following organizations addressed the Council:
Susan Williams; Judy Gaitiherer/Laura Fancchi of
Human Investment Project; Irene Papan of John's
Closet; Christina Suthefland, Shelter Network; Peter
Reid of Legal Aid Society; Marina Pineda-
Kamaristis for La Roza Centro Legal; Shirley
Moore/Mary Kate Hauck, of Project Reach; P. J.
Magik of CID; Ann Marquant of Fair Housing and
Project Sentinel; Peter Schrager, Sheryl Young,
Daniel Agostine, John Chessari of Poplar Center.
Mayor Pro Tem Fernekes stated that there was also
a letter from Friends to Parents, and proceeded to
close the Public Hearing.
Discussion followed: eligibility for redevelopment
funds for the non-profit organizations; staff made
recommendations and Council made the decision on
the awarding of funds, however, tonight's meeting
was only to supply a description of each proposal
including the ones eligible for redevelopment funds;
Council would make the decision at the 5/12/93
public hearing, etc.
Mayor Pro Tem Fernekes opened the Public Hear-
ing.
Interim Director of Economic & Community Devd-
opment Solomon stated that approval of this item
would allow an expansion of an existing boat yard,
repair area and storage facility including changes to
the building} sign program and reduction in the
parking spaces subject to the conditions of approval
and based on the findings.
Mr. Ron Rozak related: he had been with this firm
since August, and in meetings with City staff knew
the firm had problems; he had come to an agreement
with staff, on behalf of his firm, with the exception
of Item No. 4 for additional landscapping; he re-
quested Item No. 4 be removed because it entailed
additional costs without benefit to his firm and
would be an obstacle rather than a beautification to
remove the blacktop and put in curbs and
landscapping; he did plan to put in trees along Mari-
na Blvd. and take the fence back 4' with new
landscapping.
4/14/93
Page 9
PUBLIC HEARING
9. Public Hearing - Continued.
(Cassette No. 2)
4/14/93
Page 10
PUBLIC HEARING
Councilman Drago questioned who had made the
parking study.
Mr. Rozak stated that he had pursuant to the direc-
tion of staff because there are no standards for mari-
na parking.
Mayor Pro Tem Fernekes closed the Public Hearing.
~'Councilman Yee questioned if they had a permit for
the fence.
Interim Director of Economic & Community Devel-
opment Soloman stated that they did not get approv-
al and the size was not right, and they had made a
number of changes without City approval.
Councilman Yee stated that he had looked at the site
tonight and had not seen anything but a lot of
weeds, however, if it was fixed up they would
not need to move the fence if the landscaping was
fixed.
He questioed how staff was counting the parking
spaces. He stated that they are supposed to have 51
parking spaces, however, it was unusual to have the
applicant give the City a parking count. He stated
that he had problems in taking out parking spaces,
and felt if the City was going to require him to
spend money - he should get some value.
M/S Penna/Drago - To approve Precise Plan 92-24
based on the findings and conditions of approval
after the elimination of Condition No. 4 of the
findings.
Discussion followed: that this was a descretionary
recommendation from the Design Review Board;
that a permit was not approved for the second story;
Design Review Board demanded the fence be re-
moved; there should be a time element to get the
work done; they felt they could do the work in six
to nine months; concern over aesthetic aspects rather
than structural; the fence was not installed where it
had been approved; fence was well constructed with
chain link and you could see the landscaping through
it; could cost $4,000 to move the fence; Mr. Solo-
mon was to bring back alternate landuage on the
AGENDA ACTION TAKEN
',,. 112
PUBLIC HEARINGS
9. Public Hearing - Continued.
ITEMS FROM COUNCIL
20. Oral Committee Reports.
GOOD AND WELFARE
CLOSED SESSION
_23. Closed Session for the purpose of the discussion of
personnel matters, labor relations, property negotia-
tions and litigation.
PUBLIC HEARINGS
time frame of the work to be performed; include
Mr. Solomon's language, etc.'
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Councilman Penna related that he had a meeting
with the Chamber of Commerce and had discussed
the smoking ordinance.
Councilman Yee questioned where the report was
from the TSM Executive Director.
Interim City Manager Martel stated that it would be
presented at the next meeting.
Councilman Penna requested the terms and number
of terms for individuals serving on the Downtown
Revitalization Committee.
He spoke of sharing the $150,000 cost for a stop
light with the County at Hillside and Chestnut due to
the many accidents during peak traffic hours.
Interim City Manager Martel stated that Council had
received copies of accident reports in that location,
and staff did recommend a stop light. She stated
that because it was the most critical location it had
been added to the list.
Councilman Yee related: that every stop sign request
required Council approval; the County must partici-
pate in a stop light at this location because this
portion belongs to the County; the City must follow
procedures for County approval, because the City
could not put a stop sign on a County road; staff
should get a letter of approval from the County for a
stop light before putting it on the agenda.
GOOD AND WELFARE
CLOSED SESSION
Council adjourned to a Closed Session at 11:10 p.m.
to discuss property negotiations, Chevron Station at
Baden and Linden, pursuant to GC 54956.8; and
personnel matters, City Manager recruitment, pursu-
ant to GC 54058.
4/14/93
Page 11
AGENDA
RECALL TO ORDER:
22.
MOtion to adjourn the meeting to Wednesday,
4/21/93, 7:00 pm., City Council Conference Room,
City Hall for the purpose of a joint meeting with the
Parking Place Commission; the CDBG Program; sale
and use of municipal property; and a Closed Session
pursuant to Government Code.
ADJOURNMENT
ACTION TAKEN
113
Mayor Pro Tem Fernekes recalled the meetin~ to
order at 11:30 p.m., all Council present, no action
was taken.
M/S Penna/Yee - To adjourn the meeting to
Wednesday, 4/21/93, 7:00 p.m. City Council Con-
ference Room, City Hall for the purposes stated,
and the appointment of a Subcommittee to review
the Scavenger Company rate request.
Carried by unanimous voice vote.
Time of adjournment was 11:31 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City
City of South San Francisco
APPROVED.
' Tem
j°~. Fernek(~
City of South San Francisco
lhe 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.
4/14/93
Page 12