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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