Loading...
HomeMy WebLinkAboutMinutes 1996-03-27 Mayor Jack Drago Council: Joseph A. Fernekes Eugene R. Mullin ~lohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room March 27, 1996 166 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Aircraft Noise Insulation Update by Dave Valkenaar 59,g q A~TION TAKEN 7:37 p.m. Mayor Drago presiding. Council Present: Mullin, Penna, Yee and Drago. Council Absent: Fernekes. The Pledge was recited. Rev. Ken Jones, Good News Chapel, gave the invo- cation. PRESENTATIONS Mr. Valkenaar related: over 7,500 dwelling units are covered by the program; more than 2/3 of those are single-family homes and are top priority; as of this week over 3,000 homes have been completed or are under way; this includes single-family homes done in Brentwood, Avalon Park, Avalon Pines, Francisco Terrace, Parkhaven, Southwood, Mayfair Village, Town of Baden, Rancho Buri Buri, Sterling Manor and Serra Highlands; by next year all owners of the 5,624 single-family homes in the area covered by the MOU will have been offered the program; Phase IX construction will be completed next month; Phase X includes 304 single-family homes, mostly in Francisco Terrace, Parkhaven and Southwood and installations will start in April; Phase XI includes 307 homes, mostly in Mayfair Village and Town of Baden and the measuring of windows will be done in the next few weeks; Phase XII includes 554 homes, mostly in Rancho Burl Buri and Sterling Manor, plans are being prepared and the construc- tion contract will be awarded in June with window installations in September; Phase XIII includes 600 homes, mostly in Serra Highlands, the architect has the go-ahead to start surveying the homes and will award the construction contract in December; Phase XIV will cover Winston Manor and West Winston Manor and invitations to participate will be mailed in June; Westborough Way and West Park will get 3/27/96 Page 1 A~ENDA A~TION TAKEN 167 PRESENTATIONS ~ircraft Noise - Continued. BART Extension Update by Marty Van Duyn PRESENTATIONS invitations toward the end of the year; funding, up to now, is drawing on the $46.8 million MOU funds; with the Phase XI contract just awarded staff will start to draw down the $10 million East of 101 funds according to agreement; the ANIP schedule calls for completion of all work in early 2000 and it is on schedule; invited all Council to visit the show- case house; he will make a presentation to the Air- port Roundtable on 4/3/96. Director of Economic & Community Development Van Duyn related: funding has mostly been by the $710 million in the President's proposed budget for submittal to Congress; Additional funding of $1.1 billion is projected to include approximately $99 million from SamTrans, 172 million from SFIA, $98 million from the State, and additional Prop. 116 West Bay Bridge Funds as needed; BART indicates that no local contributions will be required; City provided comments last March on the Draft EIR and responses are due in mid to late May; the project approval is scheduled to be acted upon by the joint SamTrans and BART Boardmembers and they are approximately two weeks under schedule; BART has a relocation plan and plans to handle displaced property owners and tenants through the entire development proposal; BART staff indicated that once the project is approved it is prepared to sign a consultant contract with an architectural firm to begin design of the Hickey Station; the City was offered $50,000 for advance guidelines and Council authorized staff to contract with Group 4 Architec- ture to prepare design guidelines, but the funds have not been made available; BART may be able to issue the $50,000 ahead of schedule in June and will res- pond in the next few weeks for this document is important to be in place to design the station; last July a revised site plan was forwarded to BART which reflected changes which the Council en- dorsed; chief among those changes was expanding the retail pad at the northwest corner of the site by moving the adjacent midday parking lot to the site of a smaller retail pad on Mission Road; BART staff has agreed that the proposed change will be included in the Final EIR and staff will continue to work with BART to finalize details; City also proposed relocat- ing the kiss and ride drop off point from the interior of the site to the El Camino Real frontage; BART received comment from CalTrans objecting to the 3/27/96 Page 2 AGENDA A~TION TAKEN PRESENTATIONS ART Extension - Continued. AGENDA REVIEW ~City Manager Wilson Requested: Remove Item No. 9 and continue to the adjourned meeting for it parallels the action on the Redevelop- ment Agency Agenda. ORAL COMMUNICATIONS PRESENTATIONS relocation due to traffic safety concerns and this modification will not be reflected in the Final EIR; Fire Depts. are being requested to comment on tech- nical issues related to adequacy of fire control mea- sures; BART staff has indicated that it intends to work through all issues with the local jurisdictions; etc. Discussion followed: is there agreement in Con- gress for the President's commitment of $710 mil- lion to BART; there will not be a commitment until there is allocation of funds; a lot of the MTC money is Federal money; staff does not agree in cancelling the kiss and ride drop off program; Councilman Penna noted that BART is on record at a Council meeting that there will be five payments and any of those can be cut off, maybe while in the middle of the project; etc. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Ernie Molieri, 340 Alta Mesa Dr., stated he is a concerned citizen and would like to express his opinions. At the last meeting Mr. Datzman spoke to you and requested that the City Council consider disbanding the Personnel Board. His family and friends were present when he made these statements and they were outraged. Although he did not come out publicly by name and mention the Police Officer, the police officer whose hearing was held before the Personnel Board, it is common knowl- edge that he was referring to his brother, Officer Danilio Molieri. He told you the case was won on technicalities and the Personnel Board did not un- derstand justice. What amazed him was the fact that Mr. Datzman did not attend any of the five meet- ings, of which each lasted five hours, or know what happened at the hearing. However, he has an elabo- rate detailed opinion of what transpired. He can only wonder if this citizen, who just happened to be the former Chief of Police, is simply trying to con- fuse citizens of S.S.F. of the truth that was brought 3/27/96 Page 3 AGENDA ACTION TAKEN ORAL COMMUNICATIONS 3/27/96 Page 4 i69 ORAL COMMUNICATIONS to light during this public hearing. He would like to commend the Personnel Board for what they did, they performed a thankless non-pay- ing job in a professional manner and did what they had to do. The hearing was an eye opening experi- ence for all of us who attended and also left us sick with disgust when we heard what our so-called Police Department did in this case. This was a public hearing at the request of his Brother, Officer Molieri, he wanted it that way because he had noth- ing to hide. On the other hand, the Chief of Police didn't want other police officers to attend, they were told it could hurt their careers. It's truly a shame that these other police officers weren't allowed to attend, to see first hand, just like all of us here, just like he did and the Mayor, to see the problems in the Police Department. He respectfully requested that Council obtain the transcripts of the hearing, make them public for everyone to judge for them- selves to see what these people did and see how their tax dollars are being spent. You should force the Chief of Police to answer in public why notes were hidden in violation of the law. He should be forced to explain why other officers accused of similar acts were never investigated. It is obvious to him and many other people who attended the hear- ing there is a double standard in the Police Depart- ment. It is apparent that the rules and regulations that govern the Police Department appear to be definitely based on the officers ethnic background and something is very wrong here and you have the responsibility as elected officials to do something about it and if you don't do something it will be- come worse. He understands that the Police Chief serves at the will of the Council or City Manager and he urges Council to advise Police Chief Raffaelli that his services are no longer needed based on what hap- pened at that public hearing and comments that Mr. Raffaelli made after the hearing. The City cannot afford to keep someone like this in that position. He and all others involved are a liability to the Police Department and should be held accountable for their derelict actions. Such was the case in Los Angeles and San Francisco when those cities removed their Chiefs of Police. He wants the Council to know that they are not going to ignore this matter and AGENDA ACTION TAKEN ORAL COMMUNICATIONS 3/27/96 Page 5 ORAL COMMUNICATIONS request you act on this as quickly as possible. South San Francisco is a diverse ethnic melting pot and he will be watching Council to see what you will do in this matter. He demands fairness and justice - until now the Personnel Board is the only City organization pro- viding it. Will you please advise me when these transcripts are available. Mayor Drago stated the Council refers these to the City Manager and he reports back at the next meeting, so tonight he cannot give Mr. Molieri an answer on any of the questions. Mr. Pat Nobis, 125 Aldenglen, stated he was ad- dressing the Council on the action taken by the Planning Commission last Thursday. They ap- proved the development of 85 homes at the Chest- nut Street location. He has lived in the Aldenglen neighborhood for six years and several of you are aware of the experiences with the apartment behind him. His neighborhood does not believe that the builders and the City take into account the health and safety matters and to go ahead with the project and develop several homes backing up to the apartments is not responsible planning. It is pro- posed to tear down the back fence and extend their yards to City property and build an 9' wall at the top of the grade. According to the Police Depart- ment this is going to solve the problems, believe him, that is not going to solve the problems, but will make them more visible to the apartment complex. He stated he personally has had a pellet shot through his bathroom window and his neighbor has had three through his window and no one has investigated and the only place it could have come from is from the apartments. He stated there have also been golf balls through the windows and he personally has filed 20 police reports and all he gets is a lot of sympathy. He stated these planners are not looking at this and the City is not looking at their responsi- bility to new residents. One of the planners said, you should be happy with this because we are going to build others who will be targets. The Council will be hearing this on April 10th and the neighbor- hood committee has retained an attorney and he will looking into the EIR. He stated the soil has had AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 3/6/96, Special Meeting of 3/13/96, Special Meeting of 3/13/96 and Regular Meeting of 3/13/96. 2. Motion to confirm expense claims of 3/27/96. Resolution of award of contract for the San Mateo Avenue and Shaw Road Pump Stations Project to replace bar screens to N. V. Heathorn, Inc. in the amount of $412,288 and approving an amendment to the Capital Improvement Program (CIP 95-22). 512. C. A RESOLUTION AUTHORIZING AND APPROV- ORAL COMMUNICATIONS pesticides dumped on it for years and there have been no traffic reports to answer the questions and he wants Council aware of these concerns. Councilman Penna asked: if bullet holes have been put into windows, it should be put through ballistics to trace the force and where they are coming from; is there any way the City can sue property owners that are being irresponsible for the type of tenden- cies they have and asked that be made a part of the report. COMMUNITY FORUM Councilman Mullin related: notification of the 75th anniversary of Martin School; they will have a birthday dinner on 4/25/96; they would appreciate door prizes being donated; monies raised will assist the teachers in purchasing additional art supplies, library books, and computer software that the regu- lar school budget does not provide; etc. Councilman Penna stated he wrote a series of letters to various Legislators on earthquake insurance, received a letter from Farmers Insurance telling him if the insurance was removed it cannot be reinstated for two years for the insurance companies are not writing new insurance to bring pressure on Legisla- tors. He proceeded to read a letter he wrote to Congressman Lantos telling of his premiums going from $200 to $1,177, the 15% deductible clause and wanted to have people write their Legislators using a similar letter for this was price fixing. CONSENT CALENDAR Approved. Approved in the amount of $2,287,246.68. RESOLUTION NO. 28-96 3/27/96 Page 6 AGENDA A~TION TAKEN 1 72 CONSENT CALENDAR 3. Resolution - Continued. lNG AN AMENDMENT TO THE CAPITAL IM- PROVEMENT PROGRAM (CIP 95-22) TO RE- PLACE BAR SCREENS FOR THE SAN MATEO AND SHAW ROAD PUMP STATIONS IN THE AMOUNT OF $500,000 AND AUTHORIZING AND APPROVING AN AWARD OF CONTRACT TO N. V. HEATHORN, INC. OF OAKLAND, CALIFORNIA FOR A FEE NOT TO EXCEED $412,288 TO PROCEED WITH THE PROJECT 4. Resolution authorizing an agreement with C/CAG for the AB434 Grant for the City's portion of MTSMA activities and resolution authorizing an agreement for municipal employees' commute to work by bicycle. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY ACCEPTING FUNDING UN- DER AB434 (CITY'S PORTION OF MTSMA AC- TIVITIES - $51,748) A RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE BICYCLE AND PEDESTRIAN ADVISOR COMMITTEE (BPAC) FOR BICYCLE/PEDESTRIAN PROJECTS IN SAN MATEO COUNTY o Resolution authorizing a budget transfer of $1.215 million from the undesignated general fund balance to the Capital Improvement Program for the Gull Drive hazardous material removal construction of protective barrier and installation of monitoring program/wells and resolution approving the application for grant funds from the Integrated Waste Management Board. A RESOLUTION AUTHORIZING AND APPROV- ING A TRANSFER OF $1,215,000 FROM THE UNDESIGNATED GENERAL FUND TO THE 1994-1995 CAPITAL IMPROVEMENT PROGRAM FOR CONSULTANT AND CONSTRUCTION SER- VICES, COUNSEL SERVICES AND STAFF AD- MINISTRATION AND AMENDING THE CAP- ITAL IMPROVEMENT PROGRAM (NO. 95-23) IN CONNECTION WITH GULL DRIVE REFUSE REMOVAL CONSENT CALENDAR RESOLUTION NO. 33-96 RESOLUTION NO. 34-96 RESOLUTION NO. 35-96 3/27/96 Page 7 A~ENDA ACTION TAKEN CONSENT CALENDAR 5. Resolution - Continued. A RESOLUTION APPROVING THE APPLICA- TION FOR GRANT FUNDS FROM THE SOLID WASTE DISPOSAL SITE CLEANUP TRUST FUND 6. Resolution appropriating $8,102 to the Operating _ Budget for Project Read. .5' / 2_0 A RESOLUTION APPROVING BUDGET AMENDMENT 96-11 TO THE 1995-1996 LIBRARY OPERATING BUDGET Resolution appropriating $17,194.62 to the Paramedic Division budget to purchase a new twelve lead EKG machine and medical supplies due to the donation from Genentech. 51ZD A RESOLUTION APPROVING BUDGET AMENDMENT 96-12 TO THE 1995-1996 FIRE DEPARTMENT PARAMEDIC DIVISION BUDGET Resolution authorizing submittal of application to the San Mateo County Consortium for funds available through the HOME Investment Partnership Act. ,~tS~t~ A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE SAN MATEO COUN- TY CONSORTIUM FOR HOME PROGRAM FUNDING ADMINISTRATIVE BUSINESS Resolution authorizing an exclusive negotiating rights agreement with Bay West Group for post develo£-,~...st ment of the Shearwater site. A RESOLUTION AUTHORIZING AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH BAY WEST GROUP FOR POST DEVELOPMENT OF THE SHEARWATER SITE 10. Resolution approving budget proposed for the facade 3/27/96 Page 8 CONSENT CALENDAR RESOLUTION NO. 36-96 RESOLUTION NO. 37-96 RESOLUTION NO. 38-96 RESOLUTION NO. 39-96 M/S Mullin/Penna - To approve the Consent Calen- dar. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Removed from the Consent Calendar by the City Manager during Agenda Review. CDBG Coordinator Fragoso related: this property AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS ,3. R~olution - Continued. restoration of the property located at 211 Linden avenue (Giorgi Bros.)- continued from the 3/13_/9~6gr~,5o3 meeting. A RESOLUTION APPROVING A CDBG GRANT OF FIVE THOUSAND DOLLARS ($5,000) AND A CDBG MATCHING GRANT OF FIFTY THOU- SAND ($50,000) TO ROBERT AND KATHLEEN GIORGI FOR EXTERIOR FACADE DESIGN, SIGNAGE, AND BUSINESS EXPANSION ITEMS FROM COUNCIL 11. Appointments to various Boards and Commissions. 51,37 12. Community focus project: Institution for Local Self Government. ADMINISTRATIVE BUSINESS was originally a theater; the rehabilitation includes the seismic work and the owner will bring back the original facade with the use of the matching grants. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 40-96 Carried by unanimous voice vote. ITEMS FROM COUNCIL M/S Yee/Penna - To appoint Nancy Britt as a Ten- ant Commissioner to the Housing Authority. Carried by unanimous voice vote. M/S Yee/Penna - To appoint Richard A. Garbarino as a Commissioner to the Parks & Recreation Com- mission. Carried by unanimous voice vote. City Manager Wilson stated this is a non-profit educational component of the League of California Cities and the purpose is to establish a model pro- gram involving citizens in problem solving. Councilman Mullin stated he has worked as a con- sultant since 1989 for the League and spoke of the merits of this pilot program: to come in and devel- op focus and hone in on weaknesses and strengths and decide on solutions to problems in a particular area; it is a pro-active design with a neighborhood; nothing will take place until December; he met with the consultant and discussed recycling and tobacco reduction; the consultant will be the facilitator; excited that this City was fortunate enough to be chosen and he wants to work with these people. Councilman Yee stated he was at a meeting, but is not as familiar with the program as Councilman Mullin and wants the consultant to make a presenta- tion to the Council because of the commitment to the Council and the community. 3/27/96 Page 9 A~ENDA ACTION TAKEN · 175 ITEMS FROM COUNCIL 2. Community focus project - Continued. GOOD AND WELFARE CLOSED SESSION 13. Closed SeSsion: pursuant to GC 54956.8, conference __ with real property negotiator regarding 820 Tennis Drive, concerning price and terms of payment - negotiating party Mazzanti. RECALL TO ORDER: 14. Motion to adjourn the meeting to Wednesday, 4/3/96, City Council Conference Room, 400 Grand Avenue, for the following purposeS: 7:00 p.m. - joint meeting with the Park & Recreation Commission to discuss items of mutual concern. 8:00 p.m. - Study Session, Water Quality Control Plant expansion. ADJOURNMENT: ITEMS FROM COUNCIL Councilman Penna thought it exciting that this City is one of three cities chosen for .-the. pilot program. Mayor Drago asked the City Manager to set up the presentation. Councilman Mullin asked why the point system for evaluation was not attached to the two staff reports. Councilman Penna stated he was playing with the Web and the only information on S.S.F. was on police and the library. He felt the City should have more on the Web. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed SeSsion at 8:35 p.m. to discuss the item noticed. Mayor Drago recalled the meeting to order at 8:39 p.m., all Council was present, no action was taken and direction was given. M/S Penna/Yee - To adjourn the meeting to Wednesday, 4/3/96, City Council Conference Room, City Hall, for the following purposes: 7:00 p.m. - joint meeting with the Parks & Recreation Commission to discuss items of mutual concern; 8:00 p.m. - Study Session, Water Quality Control Plant expansion and Item No. 9 on this Agenda. Carried by unanimous voice vote. Time of adjournment was 8:39 p.m. 3/27/96 Page 10 ~ENDA ~ION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. .4acl~ Drago, Mayor U' 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. 3/27/96 Page 11 APR--O~-96 ~2~04 PM ~ANILO MOLIERI March 26, 1996 415 952 77Y Good evening Mr. Mayor and m~mber$ oftlxe City Coun~l, At thc last City Council mccthtg, Mr. J'tm Detrain spoke to you and requested that thc City Council disband the City's Personnel Board. My family and friends wcre present when he made this statement. Wc wcr~ all ~ to hear such a statement. Although he did not come out and publicly name the Police Officer whose hearing was held before the Personnel Board, it i~ common knowledge to you and to most other people in this City that he was refe~ti~g to my brother Officer D-,milo Moiled. He told you that the ca~e was won on technicalMe~ and that ~parently the Personnel Board did not understand justice. What amazed mc was the fact that Mr. Datzman did not attend any portion of thc hearing which lasted five evening% live hours per n~t. He does not have the faintest idea ofwl~t happened dung that hearing, however, has such aa elaborate and detailed opinion ofw~at transpired. I can only wonder R'this citizen, who just happens to be the ~ormer CMcfofPolicc, i~. simply trying to confuse the citizens' of South S~ Francisco of thc truth which was b~'ought to light during that public hearing. ' Contrary to crlticia;n, ! weald like to commend the Personnel Board tot what they did. They performed a thankless, non-paylngjob i~ a vegy professional mannc:t' and did what they had to do. The hearing was an eye-opening exl~exience for those of us who atteaded. It also ]el~ us .~ck in disgust when w~ heard what our so called Police Department did in this case. This was a public hearin8 at the request of thc Polic~ Officer. He wanted k that way because he kad nothing to hide. On the other hand, the Chief of Pollce did not want other Police Officers to attend. They were told, "It could hm't their car~er~". It' s rmly a shame that these other Police Offivers weren't allowed to attend so they could sec ~rst hand, just as I did, the problems with the South San Francisco Police Department. I rcspc~ully request that you, Mr. Mayor and mo*abets ofthe City Council, obtaiu thc transcripts of that hearing and make them public. E-'ve~ citizcn in South San Francisco ahould have an opportunity to review those transcripts and judg~ for themselves what the. se people did. It w~]l -also give them an opportunity to sec how their tax dollars are being spent. ~pR-~--96 12:05 PM ~At~ILO MOLIERI 415 952 You should force the Chief of Police to imswer, hi public, why notes were hidden in violation of thc law. Hc should bc forced to explain wl~y other officers accusal of similar a~ts were n~ver investigated. It was obvious to mc and to many ofth~ other pcoplc who atte~d~ that hearing that there is a double standard within our Police Department It was apparent that roles, laws, and regulations that govern the Polic~ Department appear to be erd'orced differently based ou ~your officer's e~lmic background. SOMETHING IS VEKY WRONG HERE AND YOU HAVE A RESPONSIBffJTY, AS OUR, ELECTED OFFICIALS, TO DO $OMETIIING ABOUT IT. lit YOU DON'T DO $OME~G ABOUT IT, IT WILL ONLY BECOME WORSE I have bccn told thnt the Chief of Police is an at-will employee. In other words~ hc serves at the will ofthc City Manager or City Council. I urge you to advise Chief Raffelli that his services arc no longer nccdcd. Bascd on what happcncd and the public comments that Mr. Rafaelli made alter the hearing, the City cannot afford to keep somconc like this in that posldon. He and all thc others involved arc a liabilil'y to the Police Dcpa~meat and the City of South San Francisco and should be held accountable for their derelict actions. Such was the care in Los Angeles and San Francisco when those cities removed their Chief'of Police. I want you to know that we are not going to ignore this mattor. We demand that you act on this as quickly as porn'bio. South San Francisco is a diverse ethnic "mdthg pot" mad all witl be watching you to see what you will do in this matter. We demand fairness .and justice. Until now, thc Personnel Board is thc ouly City organization that is providing PIease advise us as to when thc transcripts w~l be available. Thank you.