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HomeMy WebLinkAboutMinutes 1995-02-08 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes --'Iohn R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room February 8, 1995 3i7 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: AGENDA REVIEW ~ '" EPORT OF THE CITY MANAGER ORAL COMMUNICATIONS COMMUNITY FORUM "-")NSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 12/14/94. ACI!QN TAKEN 8:38 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Teglia and Yee. None. The Pledge was recited. AGENDA REVIEW City Manager Wilson stated there were no changes to the Agenda. REPORT OF THE CITY MANAGER City Manager Wilson stated he had nothing to re- port. ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont Ave., stated she attend- ed the 1/18/95 meeting wherein action on Terrabay had been postponed, she thought it was going to be on tonight's Agenda but found that Council had taken action at a previous meeting on the extension to August. The extension to 8/12/95 took her off guard and she wanted to see that other portions of the project be open hearings - reduction in the num- ber of homes and commercial areas. She felt the people need information on the project, in that the newspapers are silent on the matter. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. 2/8/95 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR L Motion to confirm expense claims of 2/8/95. PUBLIC HEARINGS 3. Public Hearing - To consider granting the franchise application requested by Santa Fe Pacific Pipeline to install, maimain and operate an 8-inch pipeline to be used for the transmission of oil and oil-related prod- ucts; Conduct Public Hearing; waive reading and introduce the ordinance. Motion to continue Public - Hearing to 2/22/95. AN ORDINANCE GRANTING A FRANCHISE TO SANTA FE PACIFIC PIPELINE PARTNERS, L.P. FOR TRANSPORTATION OF OIL AND PROD- UCTS THEREOF LEGISLATIVE BUSINESS Motion to waive reading and introduce an Ordinance to amend the South San Francisco Municipal Code related to Transportation System Management..5--tO~d> AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REPEALING AND READOPTING CHAPTER 18.04 OF THE SOUTH SAN FRANCIS- CO MUNICIPAL CODE RELATED TO TRANS- PORTATION SYSTEM MANAGEMENT PUBLIC HEARINGS Public Hearing - To consider granting the franchise application requested by Santa Fe Pacific Pipeline to install, maintain and operate an 8-inch pipeline to be used for the transmission of oil and oil-related prod- ucts; Conduct Public Hearing; waive reading and introduce the ordinance. Motion to continue Public 2/8/95 Page 2 CONSENT CALENDAR Approved in the amount of $1,064,645.94. Councilman Penna questioned if he could vote on the minutes due to the El Camino Corridor matter wherein he always abstains. City Attorney Mattas stated Councilman Penna can vote on the minutes. M/S Fernekes/Drago - To approve the Consent Calendar. Carried by unanimous voice vote. PUBLIC HEARINGS M/S Drago/Fernekes - To continue the Public Hear- ing to 2/22/95. Carried by unanimous voice vote. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Councilman Penna asked if anyone wanted to speak on Item No. 3, because it is a Public Hearing. PUBLIC HEARINGS Mr. Faloni, Spumoni Co., related background infor- mation on his concerns: installation of pipe, be- cause they are owners of property, as well as em- ployers; currently one of their properties has an existing Santa Fe pipeline that carries jet fuel cross- ing it; when they bought this property, 10 years ago, A~ENDA A~I!QN TAK~ 319 PUBLIC HEARINGS 3. Public Hearing - Continued. Hearing to 2/22/95. AN ORDINANCE GRANTING A FRANCHISE TO SANTA FE PACIFIC PIPELINE PARTNERS, L.P. FOR TRANSPORTATION OF OIL AND PROD- UCTS THEREOF PUBLIC HEARINGS Santa Fe did a Phase 1 analysis of the soil. There was some staining near the pipeline and, as it turns out, there is a valve on the pipeline and, after doing some core sampling, Santa Fe determined there were particles of diesel and other types of fuels in the soil coming from this existing pipeline; they were assured the pipeline was being monitored where they would detect any kind of leak or whatev- er; there were deposits that could only come from that pipeline; they said there was a leak at the valve and they would hire an engineering firm to come out and clean it up, which they did at their expense, which took a lot of work to remediate the situation; they are very concerned about a second pipeline having some of the same problems; the person who has to go into his pocket to correct the problem is the one who might not do that because it is an additional expense to him; as owners, there is a tremendous amount of liability if there are any kind of leaks that will get into the ground water, because that pipeline is at the lowest part of the City. Even if monitored, the ground water can get contaminated and affect the valuation of everyone's property down to zero with no lenders and serious legal problems; if the Council can't stop it they want to have full indemnification and full monitoring done by other than the people who have to pay for it if it goes wrong. Discussion followed: can the City require, as a condition, full indemnification for property owners, since we cannot stop it legally; no, but the City can propose that in the franchise, because they aclmowl- edge they would clean it up; Mr. Faloni wanted his firm's attorney present during the negotiations; City Attorney Mattas will take the attorney's input, put it in as a proposal and see if Santa Fe will accept it; Mr. Brenit stated Gates Rubber was there before his firm and he is also concerned their current invest- ment will go to zero and Santa Fe can lay pipe and walk away; he felt the piping should be double con- tained, but the real issue is contaminated soil; City Manager Wilson noted that the ground water is serious matter after an earthquake, especially if a pipe breaks; Shell Oil Co. is a private Co., without condemnation authority. So, they hire Santa Fe, a quasi public agency, to allow the private company to make a profit; etc. 2/8/95 Page 3 AGENDA ACTION TAKEN I.EGISLATIVE BUSINESS Motion to waive reading and introduce an Ordinance to amend the South San Francisco Municipal Code related to Transportation System Management. AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REPEALING AND READOPTING CHAPTER 18.04 OF THE SOUTH SAN FRANCIS- CO MUNICIPAL CODE RELATED TO TRANS- PORTATION SYSTEM MANAGEMENT ,~O ~ O ADMINISTRATIVE BUSINESS 5. Informational report to City Council on the BART Extension. 5t9 ~ ~ LEGISLATIVE BUSINESS Assistant City Manager Martel stated that the goal of the County TSM Plan is to reduce traffic congestion and the ordinance accomplishes needed revisions. Ms. Angela Rey, Executive Director of MISMA, stated this will insure and maintain the funding and will result in trip reductions. She stated the Spumo- ni Co. had achieved their goals in trip reduction and 90% of S.S.F. employers are in compliance. M/S Teglia/Drago - To waive reading and introduce the ordinance. Carried by unanimous roll call vote. ADMINISTRATIVE BUSINESS City Manager Wilson related areas of greatest con- cern: traffic and parking impacts, public safety impacts, land use impacts and Hickey Station design issues. He stated there is an item in the document that talks about Colma Creek and backing up of water up- stream. Staff mentioned it to the BART staff and that we want to make sure the proposal will not exacerbate problems in the area which tends to flood. Interim Director of Economic & Community Devel- opment Beyer stated information received from the traffic consultant has delayed our review three weeks. He stated C/CAG staff has informed us of its intent to formally request a three week extension of the review period and are contacting affected cities to see if they are supportive. There is a Council meeting scheduled tentatively for 3/8/95 to allow the transportation subcommittee to review all the preliminary data and make recommendations to the Council. He stated the Chief Planner has reviewed the EIR with the four issues the City Manager mentioned and Mr. Beyer proceeded to briefly cover those items. Chief Planner Solomon discussed in detail: Council established the acceptable alignment as full subway to South Spruce with a Hickey Station; two alterna- tives are a cut and covered railway or an open 2/8/95 Page 4 AGENDA ADMINISTRATIVE BUSINESS ~. Informational report - Continued. 2/8/95 Page 5 ACI!Q_N IAKE_N 321 ADMINISTRATIVE BUSINESS trench down Spruce; changes are needed because of the subway, where some of the structures are strung out along the station; easements needed; angling the walls to make sure they don't topple over; the Tanforan station alternative; impacts from the size of structures; another impact is Spruce Avenue as BART comes to grade at Spruce; staff recommends the BART line permit a 45 mph design speed for the Spruce overpass; other impacts are due to construc- tion in the Treasure Island Trailer Court; etc. Discussion followed: notices will be mailed to affected homes and churches of the BART hearings; all of Sunshine Gardens and Francisco Terrace should be notified rather than rely on churches or word of mouth; notifying the entire City; there are 6,000 households to notify in the City; So. Spruce is proposed to be elevated 8 feet as an overpass; there is an open house at the Conference Center, 255 So. Airport, 2/15/95, from 5:00 p.m. to 7:00 p.m. and a public hearing from 7:00 p.m. to 10:00 p.m.; the public hearing will be continued to the following Saturday and then a second hearing on Saturday, 3/4/95, from 11:00 a.m. in Millbrae; put the meet- ing in layman's language and make staWs informa- tion available to the public; if C/CAG gets the ex- tension the public hearing will be on 3/22/95; there will be a meeting with BART staff to try to achieve quality in the future design of the station; etc. Interim City Engineer Town stated the City is a participant in the Colma Creek District and the Committee is studying additional improvements to benefit the drainage basin. He stated a consultant was asked to review and evaluate the upstream improvements and what impacts the improvements will have. He stated the major issues were the timing of the improvements with the downstream improvements that are scheduled to be done. He stated, at this time, the study is in a draft format and has not been approved by the Technical Committee nor the Flood Control District but comments have been made by the Technical Advisory Committee. Discussion followed: why the Council did not have a copy of the draft; they were working the bugs out; an alternative not present in the EIR is to incorpo- rate a realignment of Colma Creek for BART; the Colma Creek alignment does not go directly on top ADMINISTRATIVE BUSINESS 5. Informational report - Continued. (Cassette No. 2) 2/8/95 Page 6 ADMINISTRATIVE BUSINESS for an alignmem because of the railway problem within the Trailer Court area; the alignment would size Colma Creek for a 50 year event and Mayor Yee wants to make this as a City review comment to BART; why not make the box bigger with bigger. pipe, because, for a 100 year storm, it is only a cou- ple of feet deeper and will not impact upstream or downstream; it is the Flood Control Agency recom- mendation that the final validation study be transmit- ted to BART for the final report, which staff wants to review with Council; S.P.. Railroad going over Colma Creek - is it going to be taken care of; finally getting a permit from Corps. of Engineers, which took eight to nine years; need to get Board of Super- visors to extend Hickey Blvd. to Mission and then Hillside; BART will pay for Hiekey from El Camino to Mission Rd.; Mayor Yee wants to see a statement that funding is part of the BART project - for the Board of Supervisors to fund the Hickey Extension; the Mayor and City Manager should have a meeting with two Supervisors to remind the Board that the . affected neighborhood is the one that rode buses to Redwood City on another issue; City Manager is to make arrangements for a meeting with Mayor Yee, Councilman Fernekes, Supervisors Griffin and Neven; what to call the new station - Hickey Sta- tion, South City Station or Baden Station; BART should go under So. Spruce not above it; it is a grid structure with a 4% grade, so it has to go above So. Spruce Ave.; concern about elevation of the station; concern over ear burglaries at a BART station; radius of crime around a BART station; what kind of training is needed for an emergency in BART; a tunnel presents a problem in an emergency, but it has been mitigated, for BART has always provided the equipment; the Police Chief asked for a security plan of BART; Councilman Penna wants statistics on crime at Caltrain stations; comments should mention there are elderly people in Mayfair Village who will be impacted by noise; how many trees will be re- moved in Orange Park; right-of-way for Treasure Island is a trench that is cut and covered and the residents want BART to pick up the cost to under- ground the park; impacts on Trailer Park and neigh- borhoods must be mitigated; the Planning Commis- sion prefers Alternate No. 1; etc. M/S Teglia/Drago - To join with other cities and ask BART for a three week extension of the hearing. · _DMINISTRATIVE BUSINESS Informational report - Continued. ITEMS FROM couNcIL 2/8/95 Page 7 323 ADMINISTRATIVE BUSINESS Carried by majority voice vote, Councilman Penna voted no. MIS Teglia/Fernekes - To authorize staff to meet with BART on the alternative site. Carried by majority voice vote, Councilman Perma voted no. Motion by Councilwoman Teglia - To agree with staff comments and authorize that Council comments be included in the comment letter to BART. Mayor Yee stated he wanted to see the traffic report and the response to the EIR and that there will be future opportunities to discuss this issue and it is not necessary to make a Motion now. Councilwoman Teglia withdrew her Motion. Councilman Fernekes stated the Subcommittee needs to see the work before it comes to the Council. Mayor Yee directed staff to prepare a letter to BART asking for the extension. Councilman Penna stated he was opposed to BART and felt the Council should look at TSM or the Caltrain systems. He stated that BART, coming from Colma to the Airport, will cost a lot and the City will have little input. He cited his other con- cerns on BART: people will have to transfer to use BART to the Airport; there will only be one train every one half hour to the Airport and it takes 40 minutes to get to the Airport; the Federal Govern- ment will pay funds in phases; it could start as a trench and not be done for twenty years. ITEMS FROM COUNCIL MaYor Yee stated that applicants for Boards and Commissions will be interviewed on 3/6/95 at 6:30 p.m. in the Municipal Services Building, Communi- ty Room, in fifteen minute time slots. Councilwoman Teglia wants a list of the people who want to be reappointed. AG_E. ND_D_A AG_T!ON TAK_E_.N ~ ~OOD AND WELFARE CLOSED SESSION Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Assistant City Manager, Director of Personnel and Labor Negotiator on labor relations matters and the employee organizations are: AFSCME, Fire, Police Association, Operating Engineers and Confidential & Public Safety Managers; pursuant to GC 54956.8, conference with real property negotiator regarding price and terms 368 Contour St. - negotiating party Jesus Armas, RECALL TO ORDER: .DJOURNMENT: GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 10:30 p.m. to discuss the items noticed. Mayor Yee recalled the meeting to order at 1:00 a.m., all Council was present, no action was taken, direction was given. M/S Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 1:01 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City City of South San Francisco APPROVED. Robert Y~,~ayor 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 t° the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 2/8/95 Page 8