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Home My WebLink AboutMinutes 1996-12-18 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin --John R. Penna Robert Yee SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECEMBER 18, 1996 MINUTES /22 City Council Municipal Services Building Community Room December 18, 1996 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 18th day of December 1996, at 5:00 p.m. in the City Council Conference Room, City Hall, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Interview of applicants for the vacant City Council seat. City Clerk City of South San Francisco Dated: December 5, 1996 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Interview of applicants for the vacant City Council seat. ~'~/..6'",_~ ACTION TAKEN 5:07 p.m. Mayor Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: None. Mayor Fernekes invited the applicants, Karyl Matsumoto and James L. Datzman, to present the Council with background information and then respond to three questions: 1) Please describe what type of community activities you have been involved in within the City of South San Francisco; 2) This is a one year appointment, tell us why you would want to continue in office as a Council- member and seek a new four year term; and 3) What are three goals that you would like to see the City Council achieve within the next year? 12/18/96 Page 1 AGENDA ACTION TAKEN ....... !. Interviews-Continued. ADJOURNMENT: Councilman Yee stated, stepping up to the plate is a very difficult decision which he went through, but didn't want to because the commitment is im- mense and ties up one's life for 4 to 5 years. He extended good luck to both applicants. Councilman Mullin stated he was very impressed with both candidates, and the City will be well served by either candidate. Mayor Fernekes stated a decision would be made at the later meeting. M/S Yee/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 5:57 p.m. RESPECTFULLY SUBMITTED, arbara A. Battaya, City ,ity 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. 12/18/96 Page 2 Chairman Joseph A. Fernekes Boardmembers: Eugene R. Mullin John R. Penna --Robert Yee SPECIAL MEETING RECREATION AND PARK DISTRICT CITY OF SOUTH SAN FRANCISCO DECEMBER 18, 1996 MINUTES Recreation and Park District Municipal Services Building Community Room December 18, 1996 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the Recreation and Park District of the City of South San Francisco will hold a Regular Meeting on Wednesday, December 18, 1996, at 6:45 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Approval of the Minutes of the Regular Meeting of 12/13/95. 2. Adjournment. Dated: December 11, 1996 Clerk of the Recreation and Park Di~(rict City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Regular Meeting of 12/13/95. ,.9~'/5,..~ _ DJOURNMENT: ACTION TAKEN 7:01 p.m. Chairman Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: None. M/S Penna/Yee - To approve the Minutes of the Regular Meeting of 12/13/95. Carried by unanimous voice vote. M/S Yee/Perma - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:02 p.m. 12/18/96 Page 1 AGENDA ACTION TAKEN RESPECTFULLY SUBMITrED, ar ara . attaya, City Clerk Recreation and Park District City of South San Francisco APPROVED. City of South San Francisco The entries of this Agency meeting show the action taken by the Recreation and Park District to dispose of an item. Oral communications, 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. 12/18/96 Page 2 Chairman Joseph A. Fernekes Boardmembers: Eugene R. Mullin John R. Penna Robert Yee VoL.. -I 1:2,.g Industrial Development Authority Municipal Services Building Community Room December 18, 1996 SPECIAL MEETING INDUSTRIAL DEVELOPMENT AUTHORITY CITY OF SOUTH SAN FRANCISCO DECEMBER 18, 1996 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the Industrial Development Authority of the City of South San Francisco will hold a Regular Meeting on Wednesday, December 18, 1996, at 6:50 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Approval of the Minutes of the Regular Meeting of 12/13/95. 2. Adjournment. Clerk of the Industrial Developn~ Authority City of South San Francisco Dated: December 11, 1996 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Regular Meeting of 12/13/95. IOURNMENT: ACTION TAKEN 7:04 p.m. Chairman Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: None. M/S Yee/Mullin - To approve the Minutes of the Regular Meeting of 12/13/95. Carried by unanimous voice vote. M/S Yee/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:05 p.m. 12/18/96 Page 1 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk Industrial Development Authority City of South San Francisco APPROVED. Josh ~. Fernel~ I;idt y~S~ rfi ~c uDethVesl°d ~re:nt ciAs~othOrity C-ffl~i~an The entries of this Agency meeting show the action taken by the Industrial Development Authority to dispose of an item. Oral communications, 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. 12/18/96 Page 2 Chairman Joseph A. Fernekes Boardmembers: Eugene R. Mullin John R. Penna Robert Yee SPECIAL MEETING SURPLUS PROPERTY AUTHORITY CITY OF SOUTH SAN FRANCISCO DECEMBER 18, 1996 MINUTES Surplus Property Authority Municipal Services Building Community Room December 18, 1996 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the Surplus Property Authority of the City of South San Francisco will hold a Regular Meeting on Wednesday, December 18, 1996, at 6:50 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Approval of the Minutes of the Regular Meeting of 12/13/95. 2. Adjournment. Dated: December 11, 1996 Clerk of the Surplus Pro City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Approval of the Minutes of the Regular Meeting of 12/13/95. ~.~/~.~ DJOURNMENT: ACTION TAKEN 7:02 p.m. Chairman Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: None. M/S Yee/Penna- To approve the Minutes of the Regular Meeting of 12/13/95. Carried by unanimous voice vote. M/S Mullin/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:03 p.m. 12/18/96 Page 1 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Surplus Property Authority City of South San Francisco APPROVED. City of South San Francisco The entries of this Agency meeting show the action taken by the Surplus Property Authority to dispose of an item. Oral communications, 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. 12/18/96 Page 2 Chairman Joseph A. Fernekes Boardmembers: Eugene R. Mullin John R. Penna -'-Robert Yee MINUTES Capital Improvements Financing Authority Municipal Services Building Community Room December 18, 1996 SPECIAL MEETING SOUTH SAN FRANCISCO CAPITAL IMPROVEMENTS FINANCING AUTHORITY CITY OF SOUTH SAN FRANCISCO DECEMBER 18, 1996 NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco, that the South San Francisco Capital Improvements Financing Authority of the City of South San Francisco will hold a Regular Meeting on Wednesday, December 18, 1996, at 7:05 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Approval of the Minutes of the Regular Meeting of 12/13/95. 2. Resolution authorizing issuance and sale of Conference Center and public facilities improvements bonds. A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM ISSUANCE AND SALE OF CONFERENCE CENTER AND FACILITIES IMPROVEMENT BOND AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 3. Adjournment. Dated: December 11, 1996 'C~ San F~ Capital Improvements Financing Authority City of South San Francisco CALL TO ORDER: '--'DLL CALL: AGENDA (Cassette No. 1) Approval of the Minutes of the Regular Meeting of 12/18/96 Page 1 ACI!QN TAKEN 9:35 p.m. Chairman Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: None. M/S Yee/Mullin - To approve the Minutes of the AGENDA AC_TIQN TAKEN Approval of Minutes - Continued. 12/13/95. Resolution authorizing issuance and sale of Confer- ence Center and public facilities improvements bonds. A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING THE FORM ISSUANCE AND SALE OF CONFER- ENCE CENTER AND FACILITIES IMPROVE- MENT BOND AND AUTHORIZING DISTRIBU- TION OF A PRELIMINARY OFFICIAL STATE- MENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO ADJOURNMENT: Regular Meeting of 12/13/95. Carried by unanimous voice vote. Finance Director Brooks stated there are separate actions to be taken on the Council agenda and ex- plained the need to deposit with the State Treasury Conpensation Fund and execute a lease between the Authority and the City, however, the Authority will give up the right to the proceeds. He stated the City will lease directly with the Conference Authority, and then there will be a sublease. Discussion followed: is this buying the building with the same funds the City was using to lease the building; what is the risk financially to the City; the cost is $6.3 million for the issuance; what if the condemnation is higher; etc. M/S Mullin/Yee - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 10:00 p.m. tcESPECTFULLY SUBMITTED, Barbara A. Battaya, City Cl~9~k Capital Improvements Financing Authority City of South San Francisco APPROVED. ~~ee kmeS~t sCFh ~ni ~2n g Authority City of South San Francisco The entries of this Agency meeting show the action taken by the Capital Improvements Financing Authority to dispose of an item. Oral communications, 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. 12/18/96 Page 2 Mayor Joseph A. Fernekes Council: Eugene R. Mullin John R. Penna -"-Robert Yee MINUTES City Council Municipal Services Building Community Room December 18, 1996 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECEMBER 18, 1996 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 18th day of December 1996, at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: CALL TO ORDER .... PRESENTATIONS VFW Representative Jim Lineberger - Police Officer of the Year, Firefighter of the Year and Voice of Democracy Award David Connor, South San Francisco Hotel Assoc., - Use of Transit Occupancy Tax Mayor Fernekes - Students from the Italia Exchange Program AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve the minutes of the Special Meeting of 11/6/96, Special Meeting of 11/13/96, Regular Meeting of 11/13/96, Special Meeting of 11/27/96, Special Meeting of 12/2/96 and Special Meeting of 12/3/96. 2. Motion to confirm expense claims of 11/27/96 and 12/11/96. -- 3. Resolution authorizing award of design contract to EQE, Inc. in the amount not to exceed $96,000 for the City Hall Retrofit Project. A RESOLUTION APPROVING A CONSULTANT SERVICE AGREEMENT WITH EQE INTERNA- TIONAL FOR COMPLETION OF THE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR 12/18/96 Page 1 AGENDA ACTION TAKEN CONSENT CALENDAR 3. Resolution - Continued. SEISMIC UPGRADE OF CITY HALL AND AUTHORIZING ADVERTISING FOR BIDS BASED ON THE FINAL PLANS AND SPECIFICATIONS Resolution amending the 1995-97 Capital Improvement Program by adding the Baden/Linden Parking Lot. A RESOLUTION APPROVING AN AMENDMENT TO THE 1996-97 CAPITAL IMPROVEMENT BUDGET (CIP 97-7) IN THE AMOUNT OF $179,221.59 TO ADD THE PURCHASE AND CON- STRUCTION OF A PARKING LOT AND A LANE WIDENING AT THE CORNER OF BADEN AND LINDEN AVENUES Resolution of award of design contract for the Sewage Treatment Plant to John Corollo Engrs. in the amount of $3,051,905 million and transferring $1.5 million from the Sewer Enterprise Fund to the project for interim financing; Motion to proceed with the application for State funding sources, and/or bond sales, authorize staff to issue contract documents for bidding and authorize staff to establish appropriate cost sharing procedures with participating cities. A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH COROLLO ENGINEERS FOR PREPARATION OF DESIGN AND CONTRACT DOCUMENTS RELATED TO THE SOUTH SAN FRANCISCO/SAN BRUNO WATER QUALITY CONTROL PLANT EXPANSION AND UPGRADE PROJECT AND AUTHORIZING CAPITAL IMPROVEMENT BUDGET AMEND- MENT (CIP 97-8) TRANSFERRING $1,500,000 FROM THE SEWER ENTERPRISE FUND TO CAPITAL IMPROVEMENT BUDGET Motion to reject all bids for the construction contract for the Corporation Yard and a Motion to readvertise for bids. Motion to accept the Aircraft Noise Insulation Program Phase XI as complete in accordance with the plans and specifications. Resolution authorizing award of consulting agreement for professional services to Fehr & Peers Assoc. in an amount not to exceed $19,030 as the lowest responsible bidder for the Chestnut/Hillside Traffic Signal. A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH FEHR AND PEERS ASSOCIATES FOR THE DESIGN OF A TRAFFIC SIGNAL INSTALLATION AT HILLSIDE AND CHESTNUT AND A TRAFFIC SIGNAL INTERCONNECTION MODIFICATION FOR HILLSIDE AND RIDGEVIEW COURT Resolution authorizing award of consulting agreement for professional services to Kimley-Hom & Assoc. in the amount of $27,650 as the lowest responsible bidder for the Spruce Avenue Traffic Signal Intercon- nect. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR DESIGN OF THE SPRUCE AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT 10. Resolution authorizing award of contract to Harty Pipelines in the amount of $115,240 as the lowest responsible bidder for the Airport/Armour Storm Drain. 12/18/96 Page 2 AGENDA ACTION TAKEN /5¥ CONSENT CALENDAR 10. Resolution - Continued. A RESOLUTION AWARDING THE AIRPORT BOULEVARD STORM DRAIN IMPROVEMENTS PROJECT TO HARTY PIPELINES, INC. OF SAN FRANCISCO IN THE AMOUNT OF $115,250 11. Resolution approving an Owner Participation Agreement between the City and the owner of the Liberty Hotel, 421 Cypress Avenue, for a rehabilitation loan from the City's HOME Consortium Investment Fund (CDBG). A RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE OWNERS OF THE LIBERTY HOTEL FOR A REHABILITATION LOAN FROM THE CITY'S HOME CONSOR- TIUM INVESTMENT FUND AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY LOAN DOCUMENTS 12. Resolution authorizing a banking services agreement with Liberty Bank to administer housing and commercial rehabilitation loan programs (CDBG). A RESOLUTION APPROVING AN OPERATING AGREEMENT FOR A DEFERRED LOAN PROGRAM AND AN OPERATING AGREEMENT FOR COMPENSATING BALANCE LOAN PROGRAM BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND LIBERTY BANK 13. Resolution amending the Joint Powers Agreement for San Mateo County Cable Television Authority (SAMCAT). A RESOLUTION AMENDING THE JOINT POWERS AGREEMENT FOR SAN MATEO COUNTY CABLE TELEVISION AUTHORITY (SAMCAT) 14. Adoption of ordinances and resolutions on the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition of the Uniform Administrative Code, 1994 Edition of the Uniform Building Code, Volumes 1, 2 and 3, 1993 Edition of the National Electrical Code, 1994 Edition of the Uniform Fire Code, Volumes 1 and 2, 1994 Edition of the Uniform Housing Code, 1994 Edition of the Uniform Mechanical Code, 1994 Edition of the Uniform Plumbing Code. AN ORDINANCE ADDING CHAPTER 15.18 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.06 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1994 EDITION AND TO REPEAL THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE UNIFORM ADMINISTRATIVE CODE, 1994 EDITION AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES 12/18/96 Page 3 A~ENDA A~!Q~ ~AK~ CONSENT CALENDAR 14. Resolution and ordinances - Cominued. AN ORDINANCE AMENDING CHAPTER 15.08 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TO ADOPT THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1994 EDITION, AND TO REPEAL THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1994 EDmON AN ORDINANCE AMENDING CHAPTER 15.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRICAL CODE, 1993 EDITION AND TO REPEAL THE NATIONAL ELECTRICAL CODE, 1990 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE NATIONAL ELECTRICAL CODE, 1993 EDITION AN ORDINANCE AMENDING CHAPTER 15.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1994 EDITION AND TO REPEAL THE UNIFORM FIRE CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFI- CATIONS TO THE UNIFORM FIRE CODE, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.10 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1994 EDITION, TO REPEAL THE UNIFORM HOUSING CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE UNIFORM HOUSING CODE, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1994 EDITION AND TO REPEAL THE UNIFORM MECHANICAL CODE, 1991 A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE UNIFORM MECHANICAL CODE, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1994 EDITION, AND TO REPEAL THE UNIFORM PLUMBING CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICA- TIONS TO THE UNIFORM PLUMBING CODE, 1994 EDITION 15. Resolution amending the Operating Budget for the transfer of funds for computer equipment. A RESOLUTION APPROVING BUDGET AMENDMENT NO. 97-8 TO THE 1996-1997 OPERATING 12/18/96 Page 4 AQ~RA A~I!Q~ IAK~ CONSENT CALENDAR 15. Resolution- Continued. BUDGET FOR THE TRANSFER OF $10,800 FROM FINANCE DEPARTMENT BUDGET TO CITY MANAGER BUDGET FOR ACQUISITION OF COMPUTERS 16. Motion to accept the annual audit. 17. Motion to accept the WQCP Fine Bubble Aeration System Program as complete in accordance with the plans and specifications. 18. Resolution authorizing a budget transfer from the Redevelopment Agency for Joe Heim, Inc., in the amount of $21,000, to remove all structures and sump tanks and asphalt pave the site where required. A RESOLUTION APPROVING AWARD OF CONTRACT TO JOE HElM INC. FOR REMEDIATION OF 27 SOUTH LINDEN AVENUE AND APPROVING A BUDGET AMENDMENT TRANSFERRING $21,000 FROM THE REDEVELOPMENT AGENCY TO THE 1996-97 CAPITAL IMPROVEMENT BUDGET (CIP 97-9) PUBLIC HEARINGS 19. Hearing - Resolution of Necessity for condemnation of the Conference Center. A RESOLUTION DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THIS ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS 20. Evidentiary Hearing - Consideration of revocation of UP-93-939/Mod 1 (allowing for operation of a restaurant during the hours between midnight and 6:00 a.m.) at 2211 Geller Blvd. known as Ling Nam Noodle House; Conduct Public Hearing; Motion to uphold the Planning Commission decision and revoke UP-93-939/Mod 1. 21. Public Hearing - Consideration of request from SunChase G.A. California 1, Inc. Applicant, for a ten year extension of the Terrabay Specific Plan and Development Agreement approvals, which are due to expire on 2/14/97, Final Supplemental EIR; Public Hearing opened on 11/13/96 on the Development Agreement and Specific Plan; conduct Public Hearing, Motion to motion to waive reading and introduce the ordinance, adopt resolution amending the Specific Plan, adopt resolution certifying the SEIR and approving Statement of Overriding Considerations. A RESOLUTION APPROVING AND ADOPTING A TEN YEAR EXTENSION OF THE TERM OF THE TERRABAY SPECIFIC PLAN A RESOLUTION ADOPTING FINDINGS REGARDING SIGNIFICANT AND POTENTIALLY SIGNIFICANT IMPACTS, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN FOR THE TERRABAY SPECIFIC PLAN AND DEVELOPMENT AGREEMENT TERMINATION DATE EXTENSIONS AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREE- MENT BETWEEN SUNCHASE G.A. 12/18/96 Page 5 AQENDA A~I!QN TAKEN /,o-77 PUBLIC HEARINGS 21. Public Hearing - Continued. CALIFORNIA, INC. (AS SUCCESSOR TO W.W. DEAN AND ASSOCIATES) AND THE CITY OF SOUTH SAN FRANCISCO RELATED TO EXTENDING THE EXPIRATION DATE OF THE AGREEMENT TO FEBRUARY 14, 2007 22. Public Hearing - Consideration of amending the Oyster Point Grade Separation Formula; Conduct Public Hearing, Motion to continue the Public Hearing to 1/22/97. ADMINISTRATIVE BUSINESS 23. Resolution authorizing issuance and sale of Conference Center and public facilities improvement bond. A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING AND AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECT- ING CERTAIN ACTIONS WITH RESPECT THERETO 24. Resolution amending Resolution 72-92 relating to transfer of obligations of the Conference Center lease. A RESOLUTION MODIFYING CITY COUNCIL RESOLUTION 72-92 TO DELETE THE TRANSFER OF RIGHTS, DUTIES AND OBLIGATIONS FROM THE CITY OF SOUTH SAN FRANCISCO TO THE CONFERENCE CENTER AUTHORITY RELATED TO THE GROUND LEASE FOR 255 SOUTH AIRPORT BOULEVARD 25. Resolution approving a budget amendment to the City Attorney's Budget for litigation services. A RESOLUTION APPROVING AN OPERATING BUDGET AMENDMENT TO ADD $99,240 TO THE CITY ATTORNEY'S BUDGET FOR LITIGATION SERVICES AND EXPERT WITNESS FEES RELATED TO SSF V. MAYER AND JOHNSON V. SSF 26. Report on the hotel incentive package. 27. R~ort on stares of freight forwarding in South San Francisco. 28. Report on the Kaiser site land use option at West Orange and Railroad Avenues. ITEMS FROM COUNCIL 29. Consideration and direction on the report on salary and benefit evaluations of the City with comparable cities made by Consultant Obenhuber - requested by Councilman Yee and adoption of a resolution to increase the City Clerk's salary and benefits. A RESOLUTION AMENDING COMPENSATION PACKAGE FOR THE CITY CLERK AND REPEALS RESOLUTION NO. 70-96 30. Resolution appointing to the Office of City Councilmember. 12/18/96 Page 6 A~/~NDA ACTION TAKEN ITEMS FROM COUNCIL 30. Resolution - Continued. A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO APPOINTING ~ TO THE OFFICE OF CITY COUNCILMEMBER GOOD AND WELFARE CLOSED SESSION 31. Closed Session - pursuant to GC 54956.9, conference with legal counsel on pending litigation - the case of United Anglers v. City of S.S.F. and Johnson v. City of S.S.F.; and pursuant to GC 54957 for labor negotiations for the Firefighters Unit. ADJOURNMENT )ated: CALL TO ORDER: ROLL CALL: December 12, 1996 AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS VFW Representative Jim Lineberger - Police Officer of the Year, Firefighter of the Year and Voice of Democracy Award City of South San Francisco ACTION TAKEN 8:03 p.m. Mayor Fernekes presiding. Council Present: Mullin, Penna, Yee and Fernekes. Council Absent: None. The Pledge was recited. Rev. Neeley, Grand Ave. Baptist Church, gave the invocation. PRESENTATIONS Police Chief Raffaelli stated the VFW, this year, was honoring Detective Sullivan for 30 years of accumulative efforts in investigations of sexual assaults and presented him with the VFW Officer of the Year plaque and a $50.00 check. Fire Chief Stark stated the VFW was honoring Fire Captain Richard Denny for the design and construc- tion of the new quint and ambulance and presemed him with a VFW plaque. 12/18/96 Page 7 AGE_NDA ACT_ION TAKEN PRESENTATIONS David Conner, South San Francisco Hotel Assoc. - Use of Transit Occupancy Tax Mayor Fernekes - Students from the Italia Exchange Program AGENDA REVIEW City Manager Wilson Requested: - Open and continue the Public Hearing on Item No. 22. ORAL COMMUNICATIONS PRESENTATIONS Assistant Principal Michael Coine presemed the VFW Democracy Award to Larry Pasqua who is a senior in student leadership and on the Youth Com- mission. Mayor Fernekes congratulated all recipients of the VFW awards. Mr. David Conner related: six weeks ago there was a plan to promote S.S.F. as a whole with the Con- ference Center with a request for $32,000; $26,000 was for a sales person and $6,000 for the internet; the Council directed him to go back to the Hotel Assoc. and see if they would buy into the proposal; he did, and now has a new proposal; they are still requesting the $32,000 towards this program and having the hotels participate, but this time the pro- posal is for $26,000 which includes a brochure to hand out with a welcome by the Mayor, describing the area and a bit about the Chamber; the Hotel Assoc. will take over the $6,000 of the internet, as individuals, but they cannot take on the brochure; this will be a partnership between the Hotel Assoc. and the City for a year and then, judge the results; etc. Mayor Fernekes introduced Meg Milani and the students from the Italia Exchange Program and commended the Program. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Ana Altube, 532 Zita Dr., related: she read the article in the Independent and did not appreciate the comments made by Police Officers Assoc. President Dan Wright about Officer Molieri; she feels the Union President should read the transcripts before making any more inappropriate comments; she feels red flags were raised in the transcripts where an officer alleges Mr. Molieri punched the person and shoved him twice, but did not see him do it in the dark room; she felt there was lying and someone is covering up for Officer Molieri's co-workers; she feels the City should reevaluate, and see who is 12/18/96 Page 8 AGENDA ACIIQN TAKEN ORAL COMMUNICATIONS 12/18/96 Page 9 ORAL COMMUNICATIONS accountable, for this is costing the City money for lawsuits that are based on assumptions; she feels Officer Molieri is the victim and she and others will not tolerate racism or discrimination in the Police Department. Mr. James Luff, 331 Arbor Dr., stated "Months ago I attended the Molieri public hearing and took my own time to read the transcripts. After this, I spoke to you, the Council, and advised you this Officer was treated unfairly. Also, this hearing brought to light that discriminatory practices exist within the S.S.F. Police Department. Many other S.S.F. citi- zens, as well as, members of the Molieri family have advised you of this problem. A recent article appeared where the President of the S.S.F. Police Assoc. and their elected boardmembers wrote a letter advising all of us that if we exercise our feder- al and state rights we will not be supported. If this association president took the time to read those transcripts and then knowingly made this type of statement, then he' too is supporting this type of discrimination and misconduct to exist within the organization. This association president did not even have enough time to come to the hearing so that he could fairly represent all of their members. Instead, he took it upon himself to warn citizens not to expose this type of discriminatory behavior. I want to remind council that your obligation is to the citizens of S.S.F., because this Hispanic Officer, his family, friends and I have exercised our federal and state rights, are now being warned to keep quiet about this issue. I want to remind the Council and its members that if this is not put to a stop then you are simply aiding and abetting this type of behavior. By not taking any action, you are conspiring and promoting this type of action in violation of federal law. Patiently, many of us have been wait- ing for the council to take some sort of action, but instead it has allowed this cancer to spread. I really feel for some of the police officers who are having to work and exist in this type of environment. I want to remind you that there is no way you can change what took place in that hearing, you can only try to correct it. Thank you for your time and please attach this letter to the council's meeting agenda." AGENDA ACIIQN TAKEN /~/ ...ORAL COMMUNICATIONS '~OMMUNITY FORUM CONSENT CALENDAR Motion to approve the minutes of the Special Meeting of 11/6/96, Special Meeting of 11/13/96, Regular Meeting of 11/13/96, Special Meeting of 11/27/96, Special Meeting of 12/2/96 and Special Meeting of 12/3/96. 2. Motion to confirm expense claims of 11/27/96 and 12/11/96. ~"-~ / 3 ORAL COMMUNICATIONS City Attorney Mattas stated the members of the Council, the City, has reviewed many of the allega- tions, and has hired an outside individual to investi- gate all of the claims raised by Officer Molieri. The findings have been transmitted to the EOC and the allegations are not substantiated and he does not believe it is appropriate for the Council to respond for they have responded to their obligation. The City Council has been advised and Mr. Molieri was advised through the EOC process. There is a possi- bility that the City will be served with a law suit, and he does understand the civil rights statute and Officer Molieri has the right to have the suit heard in a civil or federal court. Mr. Joe Valcazar, 721 Spruce Avenue, stated he was representing the Oldtown Historic Homeowners Assoc. and thanked the Council for their past ser- vices to the community and work that has affected the well being of S.S.F. He stated the community lives in harmony which would not be possible with- out good leadership, etc. COMMUNITY FORUM Councilman Mullin spoke of an article in the Exam- iner on Sunday that made heroes of gang members from other communities that were portrayed in S.S.F. He stated he will be writing a letter to the Examiner to make sure that in future they show a proper view of this City, for he had also received calls from residents who were also concerned. Councilman Penna stated he also received a call from the same individual, because he too requested the City Manager to write a letter for the Council in response to the article, for the paper to show a true representation of S.S.F. CONSENT CALENDAR Approved. Approved in the amount of $4,334,882.12. 12/18/96 Page 10 AOE_NDA ACTION TAKEN CONSENT CALENDAR Resolution authorizing award of design contract to EQE, Inc. in the amount not to exceed $96,000 for the City Hall Retrofit Project. -~'D caf~ A RESOLUTION APPROVING A CONSULTANT SERVICE AGREEMENT WITH EQE INTERNA- TIONAL FOR COMPLETION OF THE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR SEISMIC UPGRADE OF CITY HALL AND AU- THORIZING ADVERTISING FOR BIDS BASED ON THE FINAL PLANS AND SPECIFICATIONS Resolution amending the 1995-97 Capital Improve- ment Program by adding the Baden/Linden Parking Lot. ~6"12 0 A RESOLUTION APPROVING AN AMENDMENT TO THE 1996-97 CAPITAL IMPROVEMENT BUD- GET (CIP 97-7) IN THE AMOUNT OF $179,221.59 TO ADD THE PURCHASE AND CONSTRUCTION OF A PARKING LOT AND A LANE WIDENING AT THE CORNER OF BADEN AND LINDEN AVENUES Resolution of award of design contract for the Sewage Treatment Plant to John Corollo Engrs. in the amount of $3,051,905 million and transferring $1.5 million from the Sewer Enterprise Fund to the project for interim financing; Motion to proceed with the applica- tion for State funding sources, and/or bond sales, authorize staff to issue contract documents for bidding and authorize staff to establish appropriate cost shar- ing procedures with participating cities. A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH COROLLO EN- GINEERS FOR PREPARATION OF DESIGN AND CONTRACT DOCUMENTS RELATED TO THE SOUTH SAN FRANCISCO/SAN BRUNO WATER QUALITY CONTROL PLANT EXPANSION AND UPGRADE PROJECT AND AUTHORIZING CAPI- TAL IMPROVEMENT BUDGET AMENDMENT (CIP 97-8) TRANSFERRING $1,500,000 FROM THE SEWER ENTERPRISE FUND TO CAPITAL IMPROVEMENT BUDGET Motion to reject all bids for the construction contract for the Corporation Yard and a Motion to readvertise for bids. 3'"080 CONSENT CALENDAR RESOLUTION NO. 170-96 RESOLUTION NO. 171-96 City Manager Wilson stated the amount is $2.9 million. RESOLUTION NO. 172-96 So ordered. 12/18/96 Page 11 ~ONSENT CALENDAR 1. Motion to accept the Aircraft Noise Insulation Pro- gram Phase XI as complete in accordance with the plans and specifications. ~c~ Resolution authorizing award of consulting agreement for professional services to Fehr & Peers Assoc. in an amount not to exceed $19,030 as the lowest re- sponsible bidder for the Chestnut/Hillside Traffic Signal. ._6"t9 ~ O A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH FEHR AND PEERS ASSOCIATES FOR THE DESIGN OF A TRAFFIC SIGNAL INSTALLATION AT HILLSIDE BOULEVARD AND CHESTNUT AVENUE AND A TRAFFIC SIGNAL INTERCONNECTION MODIFI- CATION FOR HILLSIDE AND RIDGEVIEW COURT 9. Resolution authorizing award of consulting agreement for professional services to Kimley-Horn & Assoc. in the amoum of $27,650 as the lowest responsible bidder for the Spruce Avenue Traffic Signal Intercon- neet. ...~Z9 ~'0" A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR DESIGN OF THE SPRUCE AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT 10. Resolution authorizing award of contract to Harty Pipelines in the amount of $115,240 as the lowest responsible bidder for the Airport/Armour Storm Drain. ~D~t9 A RESOLUTION AWARDING THE AIRPORT BOULEVARD STORM DRAIN IMPROVEMENTS PROJECT TO HARTY PIPELINES, INC. OF SAN FRANCISCO IN THE AMOUNT OF $115,250 11. Resolution approving an Owner Participation Agree- ment between the City and the owner of the Liberty Hotel, 421 Cypress Avenue, for a rehabilitation loan from the City's HOME Consortium Investment Fund (CDBG). .~O~f A RESOLUTION APPROVING AN OWNER PAR- TICIPATION AGREEMENT WITH THE OWNERS CONSENT CALENDAR Accepted. RESOLUTION NO. 173-96 RESOLUTION NO. 174-96 RESOLUTION NO. 175-96 12/18/96 Page 12 AGENDA ACTION TAKEN CONSENT CALENDAR 1. Resolution - Continued. OF THE LIBERTY HOTEL FOR A REHABILITA- TION LOAN FROM THE CITY'S HOME CON- SORTIUM INVESTMENT FUND AND AUTHO- RIZING THE CITY MANAGER TO EXECUTE THE NECESSARY LOAN DOCUMENTS 12. Resolution authorizing a banking services agreement with Liberty Bank to administer housing and com- mercial rehabilitation loan programs (CDBG). A RESOLUTION APPROVING AN OPERATINGAGREEMENT FOR A DEFERRED LOAN PROGRAM AND AN OPERATING AGREEMENT FOR COMPENSATING BALANCE LOAN PROGRAM BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND LIBERTY BANK 13. Resolution amending the Joint Powers Agreement for San Mateo County Cable Television Authority oz~Z~ D (SAMCAT). A RESOLUTION AMENDING THE JOINT POW- ERS AGREEMENT FOR SAN MATEO COUNTY CABLE TELEVISION AUTHORITY (SAMCAT) 14. Adoption of ordinances and resolutions on the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition of the Uniform Administrative Code, 1994 Edition of the Uniform Building Code, Volumes 1, 2 and 3, 1993 Edition of the National Electrical Code, 1994 Edition of the Uniform Fire Code, Volumes 1 and 2, 1994 Edition of the Uniform Housing Code, 1994 Edition of the Uniform Mechanical Code, 1994 Edition of the Uni- form Plumbing Code. ,.~2_/ AN ORDINANCE ADDING CHAPTER 15.18 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM CODE FOR THE ABATE- MENT OF DANGEROUS BUILDINGS, 1994 EDI- TION CONSENT CALENDAR RESOLUTION NO. 176-96 Removed from the Consent Calendar so Councilman Penna could register an abstention vote. RESOLUTION NO. 177-96 ORDINANCE NO. 1192-96 RESOLUTION NO. 178-96 12/18/96 Page 13 AGENDA ACTION TAKEN /~- CONSENT CALENDAR 4. Resolutions and ordinances - Continued. AN ORDINANCE AMENDING CHAPTER 15.06 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM ADMINIS- TRATIVE CODE, 1994 EDITION AND TO RE- PEAL THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM ADMINISTRATIVE CODE, 1994 EDITION AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES AN ORDINANCE AMENDING CHAPTER 15.08 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TO ADOPT THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STAN- DARDS, 1994 EDITION, AND TO REPEAL THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM BUILDING CODE AND UNI- FORM BUILDING CODE STANDARDS, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE NATIONAL ELECTRI- CAL CODE, 1993 EDITION AND TO REPEAL THE NATIONAL ELECTRICAL CODE, 1990 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE, 1993 EDITION AN ORDINANCE AMENDING CHAPTER 15.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1994 EDITION AND TO REPEAL THE UNIFORM FIRE CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS CONSENT CALENDAR ORDINANCE NO. 1193-96 RESOLUTION NO. 179-96 ORDINANCE NO. 1194-96 RESOLUTION NO. 180-96 ORDINANCE NO. 1195-96 RESOLUTION NO. 181-96 ORDINANCE NO. 1196-96 12/18/96 Page 14 AGENDA _ACTIQN TAKEN CONSENT CALENDAR 4. Resolution and ordinances - Continued. TO THE UNIFORM FIRE CODE, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.10 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1994 EDITION, TO REPEAL THE UNI- FORM HOUSING CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM HOUSING CODE, 1994 EDI- TION AN ORDINANCE AMENDING CHAPTER 15.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANI- CAL CODE, 1994 EDITION AND TO REPEAL THE UNIFORM MECHANICAL CODE, 1991 A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM MECHANICAL CODE, 1994 EDITION AN ORDINANCE AMENDING CHAPTER 15.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1994 EDITION AND TO REPEAL THE UNIFORM PLUMBING CODE, 1991 EDITION A RESOLUTION FINDING AND DETERMINING THE NEED FOR CHANGES OR MODIFICATIONS TO THE UNIFORM PLUMBING CODE, 1994 EDITION 15. Resolution amending the Operating Budget for the transfer of funds for computer equipment. A RESOLUTION APPROVING BUDGET AMENDMENT NO. 97-8 TO THE 1996-1997 OP- ERATING BUDGET FOR THE TRANSFER OF $10,800 FROM FINANCE DEPARTMENT BUD- GET TO CITY MANAGER BUDGET FOR AC- QUISITION OF COMPUTERS ~6. Motion to accept the annual audit. ..~ ~ '7 '7 12/18/96 Page 15 CONSENT CALENDAR RESOLUTION NO. 182-96 ORDINANCE NO. 1197-96 RESOLUTION NO. 183-96 ORDINANCE NO. 1198-96 RESOLUTION NO. 184-96 ORDINANCE NO. 1199-96 RESOLUTION NO. 185-96 RESOLUTION NO. 186-96 Removed from the Consent Calendar for discussion by Mayor Fernekes. AGENDA _AC_T!QN TAKEN /'7"7 (~ONSENT CALENDAR Motion to accept the WQCP Fine Bubble Aeration System Program as complete in accordance with the plans and specifications. 50 18. Resolution authorizing a budget transfer from the Redevlopment Agency for Joe Heim, Inc., in the amount of $21,000, to remove all structures and sump tanks and asphalt pave the site where required. A RESOLUTION APPROVING AWARD OF CON- TRACT TO JOE HEIM INC. FOR REMEDIATION OF 27 SOUTH LINDEN AVENUE AND APPROV- ING A BUDGET AMENDMENT TRANSFERRING $21,000 FROM THE REDEVELOPMENT AGEN- CY TO THE 1996-97 CAPITAL IMPROVEMENT BUDGET (CIP 97-9) 16. Resolution authorizing a banking services agreement with Liberty Bank to administer housing and com- mercial rehabilitation loan programs (CDBG). SD'ge] A RESOLUTION APPROVING AN OPERATING AGREEMENT FOR A DEFERRED LOAN PRO- GRAM AND AN OPERATING AGREEMENT FOR COMPENSATING BALANCE LOAN PROGRAM BETWEEN THE CITY OF SOUTH SAN FRANCIS- CO AND LIBERTY BANK Motion to accept the annual audit. ~..~ -7 7 17. Motion to accept the WQCP Fine Bubble Aeration System Program as complete in accordance with the plans and specifications. .~ZP'~ CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Mullin. Removed from the Consent Calendar for discussion by Councilman Yee. M/S Mullin/Penna - To approve the Consent Calen- dar with the exception of Items No. 12, 16, 17 and 18. Carried by unanimous voice vote. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 187-96 Carried by majority voice vote, Councilman Penna abstained. Finance Director Brooks stated there were no find- ings of exceptions and the audit contained two sug- gestions. M/S Yee/Penna - To accept the annual audit. Carried by unanimous voice vote. Councilman Mullin asked what increase was gained by the installation in capacity. Director of Public Works Gibbs stated the last anal- ysis of the plant had a capacity of 8.3 per day and after the installation it was 9. per day. 12/18/96 Page 16 AGENDA ACTION TAKEN 17. Motion - Continued. 18. Resolution authorizing a budget transfer from the Redevelopment Agency for Joe Heim, Inc., in the amount of $21,000, to remove all structures and sump tanks and asphalt pave the site where required. .~/20 A RESOLUTION APPROVING AWARD OF CON- TRACT TO JOE HElM INC. FOR REMEDIATION OF 27 SOUTH LINDEN AVENUE AND APPROV- ING A BUDGET AMENDMENT TRANSFERRING $21,000 FROM TIlE REDEVELOPMENT AGEN- CY TO THE 1996-97 CAPITAL IMPROVEMENT BUDGET (CIP 97-9) ~UBLIC HEARINGS 19. Hearing - Resolution of Necessity for condemnation of the Conference Center. A RESOLUTION DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THIS ACQUISITION OF CERTAIN LAND AND DI- RECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS M/S Penna/Yee - To accept the WQCP Fine Bubble Aeration System Program as complete in accordance with the plans and specifications. Carried by unanimous voice vote. Councilman Yee asked what is to be done with this property for this is north east of Linden and was an old battery shop. City Manager Wilson stated it was originally need- for the Spruce bridge with further demands when the wall is put in. Some unauthorized people are using the property and have put in parking. Colma Creek Advisory Board has other projects to do before this and work on this area is 3 or 4 years away. M/S Yee/Penna - To adopt the Resolution. RESOLUTION NO. 188-96 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Fernekes opened the Hearing. City Attorney Mattas explained: the City was extending an offer of $4.3 million and the owner is not interested; the condemnation process offers benefits to the owner; this will save $630,000 by the end of the lease with City ownership rather than having a leasehold interest; he considers the proper- ty necessary even for the substantial cost; he ex- plained GC 7267 and stated the City was offering a fair market value. Mayor Fernekes invited those wishing to speak for or against the item to step to the dais - no one did and he closed the Hearing. Councilman Mullin asked for a brief description of the basis for a City to take private property by eminent domain. Atty. David Skinner, Meyers, Nave, Riback, Silver & Wilson, Attorneys, explained: the California Constitution gives a city the power to exercise and acquire property for public use; certain findings 12/18/96 Page 17 AGENDA ACTION TAKEN PUBLIC HEARINGS }. Hearing - Continued. ECESS: 12/18/96 Page 18 PUBLIC HEARINGS must be laid out; the issue is a fair market value for the property owner to be paid just compensation; if there is a dispute the city can go into court and have them decide; three methodologies to evaluate prop- erty. Councilman Yee asked at what point does the Coun- cil have the latitude to increase the offered amount and in a worst case scenario, what if the offer is greatly higher. City Attorney Mattas stated there may be offers of settlement in a court case. Attorney Skinner stated a condemnation agreement cannot pay more because it is a gift of public funds, however, if the case is settled the city may have to come up with additional funds for they may have to pay for the litigation. Councilman Yee stated he has concerns and wants the Attorney to tell the Council of the different levels of risk or cost, as well as a schedule of events. City Attorney Mattas stated he would in Closed Session. Councilman Mullin questioned "gift of public funds", and questioned if the condemning agency has the obligation to pay for other party appraisals. Attorney Skinner stated the city could be liable for the property owners attorney fees. Discussion followed: Councilman Yee wants a financial breakdown - attorney fees and all; $93,000 includes the appraisal, witness and litigation costs; there is a tax advantage for the property owner. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 189-96 Carried by unanimous roll call vote. Mayor Fernekes called a recess at 8:53 p.m. AGENDA ACI!QN TAKEN __RECALL TO ORDER: rUBLIC HEARINGS 20. Evidenciary Hearing - Consideration of revocation of UP-93-939/Mod 1 (allowing for operation of a res- taurant during the hours between midnight and 6:00 a.m.) at 2211 Gellert Blvd. known as Ling Nam Noo- dle House; Conduct Public Hearing; Motion to up- hold the Planning Commission decision and revoke UP-93-939/Mod 1. Mayor Fernekes recalled the meeting to order at 9:07 p.m. PUBLIC HEARINGS Mayor Fernekes opened the Public Hearing. Director of Economic & Community Development Van Duyn gave a letter to the Council from Leach, McGreevy & Bautista, LLP, received by FAX 12/12/96, however, he feels ther has been sufficient time of do the work and recommends action on the revocation. Marq Bautista, Arty, stated he was the Attorney for Ling Nam and described their efforts to meet the City's requirements for the lighting, for the owner of the property would not honor his obligations for the light standards: Mr. Lim has spent $8,000 and $2,000 more for the extra fixtures; most of the lighting has been completed, except there will be three light fixtures rather than 4; there are only two light standards that need to have fixtures added, unfortunately everything with respect to the light standards are not off the shelf and must be manu- factured for the re-aiming of the fixture on the light standard; even with their rush order, the fixtures will not be ready for installation until about three weeks from the date of 11/25/96. City Attorney Mattas related: it is only a matter of a few hours to put the mounting hardware on the light standards; it would be five or six hours to completely comply with the Planning Commission requirements; it would take an hour for the lighting engineer to retarget the lights; he spoke to Sgt. Petrocchi who told him there have not been inci- dents since this commenced; he believes the stan- dards will be in by Friday and before Christmas; this was not entirely Mr. Lim's fault, it was a prob- lem with the owner and then a problem with the making and shipping of the item. Police Sgt. Petrocchi described staff's recommenda- tions: to improve the lighting and do a lighting analysis; this should have been accommodated by October; it was not done in Oct., there was a hear- ing, and they were asked if they could get this done within the next month, yet it is not done; the police want the building safe; the City Attorney said there were no incidents - no major calls, but there were 12/18/96 Page 19 A__QE N D A &CTIQN TAKEN /~oz--/ PUBLIC HEARINGS 0. Evidenciary Hearing - Continued. ADMINISTRATIVE BUSINESS 23. Resolution authorizing issuance and sale of Confer- ence Center and public facilities improvement bond. A SOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, APPROVING AND AUTHORIZING EXECUTION OF A PUR- CHASE AGREEMENT, APPROVING THE FORM AND AUTHORIZING DISTRIBUTION OF A PRE- LIMINARY OFFICIAL STATEMENT IN CON- NECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECT- ING CERTAIN ACTIONS WITH RESPECT THERETO 24. Resolution amending Resolution 72-92 rdating to transfer of obligations of the Conference Center lease. A RESOLUTION MODIFYING CITY COUNCIL RESOLUTION 72-9?, TO DELETE THE TRANS- PUBLIC HEARINGS 16 calls for assaulted behavior; most restaurants get one call a month, but not for assaulted behavior, for these are potentially dangerous situations. Mayor Femekes closed the Public Hearing. Discussion followed: Councilman Mullin asked if the order for these particular items will go forward after the revocation; Mr. Lim's Attorney was not sure it was before October, because he was new on the case; staff feels there has been a reluctance to comply with the requirement; the police are con- cerned and feel the lighting standards will increase security; because the owner will not make the im- provements the obligation is upon the applicant; the applicant is going to withhold the rent for the light standards, but wants to go forward and fix it; Coun- cilman Yee suggested extending the deadline to January for it looks like the applicant is doing some- thing. M/S Yee/Penna - To continue the Hearing to the 1/22/96 meeting. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Mayor Fernekes stated items 23, 24 and 25 would be heard next, and then the Capital Improvement Authority meeting. M/S Penna/Yee - To adopt the Resolution. RESOLUTION NO. 190-96 Carried by unanimous voice vote. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 191-96 12/18/96 Page 20 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Resolution - Continued. FER OF RIGHTS, DUTIES AND OBLIGATIONS FROM THE CITY OF SOUTH SAN FRANCISCO TO THE CONFERENCE CENTER AUTHORITY RELATED TO THE GROUND LEASE FOR 255 SOUTH AIRPORT BOULEVARD 25. Resolution approving a budget amendment to the City Attorney's Budget for litigation services. At/~-o A RESOLUTION APPROVING AN OPERATING BUDGET AMENDMENT (97-10) TO ADD $99,240 TO THE CITY ATTORNEY'S BUDGET FOR LITI- GATION SERVICES AND EXPERT WITNESS FEES RELATED TO SSF V. MAYER AND JOHN- SON V. SSF PUBLIC HEARINGS 21. Public Hearing - Consideration of request from SunChase G.A. California 1, Inc. Applicant, for a ten year extension of the Terrabay Specific Plan and Development 'Agreement approvals, which are due to expire on 2/14/97, Final Supplemental EIR; Public Hearing opened on 11/13/96 on the Development Agreement and Specific Plan; conduct Public Hear- ing, Motion to waive reading and introduce the ordi- nance, adopt resolution amending the Specific Plan, adopt resolution certifying the SEIR and approving Statement of Overriding Considerations. .5'"~gfi'q /~ A RESOLUTION APPROVING AND ADOPTING A TEN YEAR EXTENSION OF THE TERM OF THE TERRABAY SPECIFIC PLAN A RESOLUTION ADOPTING FINDINGS RE- GARDING SIGNIFICANT AND POTENTIALLY SIGNIFICANT IMPACTS, ADOPTING A STATE MENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN FOR THE TERRABAY SPECIFIC PLAN AND DEVELOPMENT AGREEMENT TERMINA- TION DATE EXTENSIONS AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN SUNCHASE G.A. CAL- IFORNIA, INC. (AS SUCCESSOR TO W.W. ADMINISTRATIVE BUSINESS Carried by unanimous voice vote. M/S Mullin/Penna - To adopt the Resolution. RESOLUTION NO. 192-96 Carried by unanimous voice vote. PUBLIC HEARINGS Director of Economic & Community Development Van Duyn stated the Final Supplemental EIR indi- cated minor amendments which are not changes, but corrections and wanted to make sure the record is clear. He proceeded in great depth: on the exten- sion of the Specific Plan and Development Agreement, plus their respective resolutions and ordinance; and Mr. Thomas Reed will proceed with the presentation for they wanted the consultants to respond on the efficiency of the HCP. Mr. Thomas Reed stated his firm was hired to im- plement the Plan as approved in 1983. He continued: his firm was contracted by the Trustees for the last 13 months and he has been with the Project for fifteen years; he stated the Program has been in compliance with the HCP for the past four years; the north east ridge in Brisbane is under way with units erected, as well as in Daly City; he must make sure that the HCP boundaries identified on the map are not disturbed, are maintained; fences have been erected for the dedication of the habitat; Juntas Ravine was the major area dedicated to open space and is great for a hiking spot; restoration is part of what is required for a development to try to restore the habitat; since most of the major develop- 12/18/96 Page 21 PUBLIC HEARINGS 1. Public Hearing - Continued. DEAN AND ASSOCIATES) AND THE CITY OF SOUTH SAN FRANCISCO RELATED TO EX- TENDING THE EXPIRATION DATE OF THE AGREEMENT TO FEBRUARY 14, 2007 AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN SUNCHASE G.A. CAL- IFORNIA, INC. (AS SUCESSOR TO W.W. DEAN AND ASSOCIATES) AND THE CITY OF SOUTH SAN FRANCISCO RELATED TO EXTENDING THE EXPIRATION DATE OF THE AGREEMENT TO FEBRUARY 14, 2007 PUBLIC HEARINGS part of what is required for a development to try to restore the habitat; since most of the major develop- ment has just started, the HCP says we are not going to rely on disturbed habitat and are learning a lot about it; we are making good efforts by getting experts; his group is supposed to work with the Fish & Game people, but have not heard from them, nor has the County; the mountain has 73 acres of eucalyptus and 10,000 native plants were planted in the last year; the major plan is to remove the weeds; the butterfly population is stable; etc. Mayor Fernekes stated there were 11 speaker cards this evening and strongly recommended the speakers not be repetitive, their testimony is important, but will be allowed five minuts speaking time each speaker. Mr. David Schooley, San Francisco/San Bruno Mountain Watch, related: his group has been involved with the Mountain for 28 years; the groups conducts hikes on the Mountain, in addition to restoration and watching the Mountain; at this point the group does not agree with the so-called compro- mise or HCP affecting not just San Bruno Mountain, but the United States for this is a destruction of rare and endangered habitat and an attempt to recreate that destruction in another area; San Bruno was the first place this HCP took place; they are not in agreement with Sunchase and urge that any repair of native habitat mitigation not take place after the destruction happened; he was recently in Sacramento and noted that Fish & Game are also relooking at San Bruno Mountain, as well as the whole of the United States, and are worried and trying to make new plans for all areas; the lower South Slope that used to be called Paradise Valley has been destroyed in S.S.F. and they do not believe any of it can be repaired; they also hold that the public here and around the United States will be aware of what that habitat conservation destruction did; he has concern for what will happen in the third phase for it feels it is a very critical area for the native Americans lived there for 5,000 years and Terrabay and Sunchase have not given a clear statement of what the third phase will do and hope the Council will not accept it as it is right now until there is a careful study of that area is done; he requested that this portion of the EIR; they feel the document 12/18/96 Page 22 PUBLIC HEARINGS l. Public Hearing - Continued. 12/18/96 Page 23 PUBLIC HEARINGS should be something they can all understand of what will happen after the next 13 years; they request that this portion of the EIR be studied and perhaps put off right now; finally there is a possible purchase of the shell mounds which would then be added to the open space on San Bruno Mountain and there be a much more careful study for this is the last of San Bruno Mountain and one of its last spe- cial areas by the bay; it is one of the last places in the whole bay and that is critical to the future of this City; we all know growth is enormous, but that is not always a good thing; etc. Mr. Lewis Buchner, Bay Area Mountain Watch, stated it seems to him the issue is a development agreement which is a fairly broad development agreement of what will happen to the land around San Bruno Mountain. He related: the area is ex- tremely unique with a native habitat in tact with intrinsic value to our children and is precious and important; the Sunchase Project seems to be divided into three phases, one and two are along Sister Cities Blvd. and three will be at old Bayshore for the hotel; he feels the agreement should be revised and only apply to Phase One and Two; forwards; he feels the damage has been done, but they work with the habitat, but Phase Three should be handled special for there is a serious offer to purchase the shell mounds and dedicate them; Sunchase gets a profit, there is a dedication contiguous to Juncas Ravine and we can say we did something right; etc. Mr. Ken Sinclair, 22 Sonora Ave., spoke in favor of granting the extension, because Sunchase is has expressed a willingness to deal with the environ- mental aspects. Mr. Terry Matlock spoke strongly in support of safeguarding indian ancestral culture and remains throughout California and recited history of that oppression. He feels the shell mounds are very important to make people stop and think about indi- ans because so much has been taken away from them and try to make up for the terrors of the past. He feels these are cemeteries and should not be disturbed but protected and put in trust for the indi- an people. Mr. Fred Matthews, 843 Easton Ave., San Bruno, AGENDA ACIIQN TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. PUBLIC HEARINGS related: he is also a member of the Bay Area Mountain Watch; he noted, as the century ends there are fewer and fewer virgin lands; he feels an exten- sion of the agreement would be a mistake at this time, because the public is no longer in agreement with the open space element; etc. Ms. Marcy Schultz, Business Mgr. for the Building and Construction Trades, spoke in support of the extension. She stated this is a battle that has gone on for 20 years to get development on the Mountain, plus there were more public hearings than she cared to remember and had been fought in the Courts. She related: the Project has been started, Phase One; it is a very good Project; over the last few months the Building Trades have been working with Sunchase and they want to use union contractors, many of which are S.S.F. residents; the Project is going to bring permanent jobs in Phase 3 and homes; we know San Mateo is in need of housing which is a need this Project is supplying; her main concern after 20 years of battles is to get respon- sible development and the development be done by well trained construction workers; if it is turned down, after all of these years of working towards this end goes down the drain, if they do not get the extension - we don't have a project. Mr. Farnum Alston, 21 Sunnyside, Corte Madera, President of Environmental Mitigation who are trying to acquire environmental habitat and set them up for protection of endangered species. His group has reviewed the Terrabay proposal, are not opposed to the development, but want to purchase the areas of the shell mounds for several million dollars to set up an environmental area to protect the shell mounds that exist. This has been turned down by Terrabay, but they feel it is the highest use of the property. Ms. Jan Pont, 111 Belmont Ave., related: she feels all phases are important, but there should be more public hearings and studies in regard to traffic that has not been completed; the hook ramps have to be constructed and part of that is going to go into the shell mounds; she has not seen any of the draw- ings; she is concerned about the fly aways and more traffic on Hillside and Sister Cities Blvd.; right now the Oyster Point Blvd. is inadequate and needs more 12/18/96 Page 24 AGENDA ACTION TAKEN /~--~ PUBLIC HEARINGS 1. Public Hearing - Continued. 12/18/96 Page 25 PUBLIC HEARINGS widening areas which should not be in Phase Three; in ten years who is going to be on Council; she gave the Council the San Bruno/San Francisco Bay Watch newspaper which she found most interesting. Mr. Dan Shattuc, 907 W. Cardinal Dr., Sunnyvale, related: he has been following San Bruno Mountain for 25 to 30 years; he is familiar with the snakes, turtles and wetlands of which he is very concerned because no one seems to want to listen to the envi- ronmental issues; this is pristine property that has been vastly destroyed and the good top soils have been buried by the grading; the site needs to be preserved; he has been adamant about earthquakes, and there are going to be problems for there are sliding homes in this vicinity, overflows and flood- ing - yet the experts say no; there will be many environmental impacts from the development; the traffic is a bottleneck and it will only get worse; there is not enough space to put in hook ramps; this is the industrial city and there are many trucks, you must know the times also for the public transporta- tion study that must be done; he does not agree with the ten year extension; maybe we can hold back and complete what we have and let the rain fall for a couple of years; 101 is always congested and is out of our control, but we can control what we put in; he suggested putting in a two or three year extension based on completion and bringing forward plans. Mr. John Ward, 792 Willborough Place, Burlingame, refutted earlier comments on the Pro- ject: this is a state of the art habitat; there is anoth- er 22 acres that will be eventually accepted by the Council and added to the park; repair has been completed on the landslide area and money is committed by the Developer to carry them through subsequent phases; he urged the Council to approve the extension and modify the Specific Plan. Ms. Espanola Jackson, 3231 Ingalls, stated she was appointed by the Indian Tribunal and urged the Council to vote against the proposal. She had heard tonight about the habitat and $50,000 going to some group. She stated she is an aborigine, however, most people are not aware of shell mounds which are really grave yards. Most people are not aware of the culture of the areas for over ten thousand years. When they heard they were talking about AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 12/18/96 Page 26 PUBLIC HEARINGS cementing over a grave site and making a parking lot and it reminded her of poltergeist. We are talk- ing about burial mounds and spiritual lands to the indians, yet the people tonight are talking about disturbing the grave sites. She stated they did not bury like you do with one here and one there, we went upwards - that is why it is called mounds and is of emotional concern. She stated that her group had asked S.F. for money for Bayview Hill for the burial grounds. She stated Candlestick Park is made up of bones, shell mounds and relics. Mr. Rich Follansbee, 1705 Church St., g202, stated he is a mathematics instructor at two local colleges. He stated that the HCP was an attempt to get nature to act right and on San Bruno Mountain it has been attempted to create habitat for butterflies where the butterflies didn't previously live. There are gallant efforts to do that, but money to continue such efforts went away and for five years no restoration took place. San Bruno is the poster that everyone looks to for success to take the idea elsewhere through the United States. It has not worked here, maybe the habitation plan could work but no one has shown it to work, instead it has been the destruction of the habitat by development. He asked the Council to think about the two options it has - to allow the continuation of the Plan for the ten years which may yield some more jobs and take it toll, but which will certainly kill some endangered species; or give up some jobs and have the assur- ance you will have the endangered species longer than the ten years. When the hotel goes bankrupt or the you cement over the shell mound - you will not have the habitat. Ms. Elizabaeth Nisperos, 111 Francisco Place, appealed to the Council as a resident, a scientist and an artist and hoped the Council will think several times before any more development. She read articles from the Bay Guardian and was very con- cerned about a destruction of the habitat. She could in no way value hotels over shell mounds of the indians which is history, culture and people; etc. Mr. Gary Saunders, 1519 Rollin Rd., Burlingame, AG_~NDA ~C_TION T A_.K E ~ /ff~ PUBLIC HEARINGS 1. Public Hearing - Continued. 12/18/96 Page 27 PUBLIC HEARINGS spoke in favor of the extension and stated it would bring jobs into S.S.F. and urged the Council to extend the agreement. Mr. Breen, Sunchase, stated this is the end of a long process and he feels it is like a graduation because it is a commencement and gives them a chance to start something. This gives them time to develop the plans and develop Phase 2 and 3 for Phase 1 is completed with the rec center that was wanted for years. The funding for the childcare center and the rest of the project can go forward with good, sensi- tive planning with the ability to make something saleable to the community. He feels the things on the Mountain have been handled well by his firm. He presented Council with a letter from Sterling Pacific Management Services, Inc. dated 12/17/96 as a response to a letter from EMAX. Mayor Fernekes closed the Public Hearing. Discussion followed: the staff report refers to cap- ping the site to preserve it and a recommendation to change the language; if Council grants the ten year extension all plans will be subject to Council review and will be subject to a new round of environmental reviews for Phases 2 and 3 as indicated in the Sup- plemental EIR and all archeological recommenda- tions will be forthcoming in response to the site plans; so, there is nothing at this point that impacts the shell mound location; staff has prepared some exhibits on the hook ramps and there is no reason to believe they will affect the shell mounds; Council- man Yee noted, the staff report indicates five dif- ferent ways to deal with the mitigation of the shell mounds; Councilman Yee was the one who had brought the matter up, but the language does not satisfy him because we do not know what way we are going to preserve the shell mounds and he did not want the Developer to make a decision based on the five ways; and, sure, capping is a way but that does not mean that is what the Council is going to approve; Councilman Penna believes it is a grave- yard and should be preserved for he was involved in the archeological team that went out and took a look at the site that is a graveyard and found people and animal bones in there, but the report has been kept AGENDA A~T!ON _TA__K~__N PUBLIC HEARINGS 1. Public Hearing - Continued. 12/18/96 Page 28 PUBLIC HEARINGS quiet; Councilman Yee agareed, but there is not enough information but need to put language in there so a future Council can make the decision after our giving them enough latitude; Councilman Penna stated the site cannot be capped, because that is 5,000 years of history that is going to be com- pressed and lost and there is too much involved on the site to let it go; this is a small site, 50 acres, and when you talk about the hook ramps your talking about redesign and ground fill; Councilman Penna uses Sister City Blvd. to get to the freeway and he does not think the Council is pursuing the right course; he does not prefer seeing the hook ramps in S.S.F. and thinks they should be in Brisbane; he feels the State is going to see it is a graveyard and it is going to be a long term problem and he feels the graveyard should be removed from the Project or sold off; Councilman Mullin stated there should be language to meet Councilman Penna's concerns that the Council does not want capping under any cir- cumstances, and Councilman Yee is saying, in the future there will be options to deal with it if there is latitude; if the State says it is a burial ground, then we cannot do anything, but can't the Council come up with language so when Phase 3 gets under way there will be options to deal with; City Attorney Mattas stated the language in the staff report and the modifications by Councilman Yee give the Council to employ the options of preservation; when the Council is being asked to approve an extension of the Development Agreement that sets forth pa- rameters in Phase 2 and 3 where the shell mounds are and an environmental study; the Council will be presented with any of these options, including pre- servation; Councilman Penna wants the Council to make a clear statement tonight that says if the site is an archeological site we cannot allow the capping of that site; Councilman Mullin concurred, particularly capping for a parking lot is not the preferred method and if it is a valid archeological site the State will step in, but he does not feel eom- fortable telling a future Council that they can do; Mr. Shattuc talked about the drainage problems with buildout and Councilman Mullin thought those con- cerns have been adequately addressed in the EIR; the runoff has been addressed with storm drains and sewers in the development; the plans have been reviewed by numerous agencies and constructed accordingly and there are no problems; the likeli- A~ENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Terrabay - Continual. A RESOLUTION ADOPTING FINDINGS RE- GARDING SIGNIFICANT AND POTENTIALLY SIGNIFICANT IMPACTS, ADOPTING A STATE- MENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PLAN FOR THE TERRABAY SPECIFIC PLAN AND DEVELOPMENT AGREEMENT TERMINA- TION DATE EXTENSIONS A RESOLUTION APPROVING AND ADOPTING A TEN YEAR EXTENSION OF THE TERM OF THE TERRABAY SPECIFIC PLAN PUBLIC HEARINGS hood of having more problems because of the buildout is negligible; in 1992 we had a major storm, a 100 year storm and we handled and Mr. Gibbs takes his hat off to the engineers; one gentle- man stated this was a relocation of the butterflies; Ms. Victoria Harris stated they have not relocated the butterflies other than the grading; staff has not heard problems from Fish & Game; $50,000 for the remainder lands is a ten year plan; obligation to the HCP is to the homeowners; Mr. Mark Crane, Crane Transportation, stated by the year 2000 the bayshore will exceed four lanes and in 2010 there will be a greater need and the hook ramps will be needed; the flyover will be needed between 2000 and 2010 to serve in-bound travel; a pro rata share must be addressed similar to the Oyster Point formula to get a fair share allocation; AB1600 methodology was taken into account and Terrabay has contributed to the flyover and hook ramps; the 101 study is two years old and the Brisbane study was made in 1993; the existing development agreement, page 6, is not revised except for the child care center, so Council carries all these conditions forward for 10 years; we want the development to go forward with the eom- mercial for revenue sources; the significance of residential and commercial hook ramps; the develop- ment agreement has to be approved by ordinance, so if introduced tonight both the resolution and ordi- nance would be effective in February. M/S Yee/Mullin - To adopt the Resolution. RESOLUTION NO. 193-96 Carried by majority voice vote, Councilman Penna voted no. M/S Yee/Mullin - To adopt the Resolution (to include the following amendment to the text of the Specific Plan the second bullet from the bottom of the page on page 5 of the Specific Plan is amended to read that: "As part of the Phase III Precise Plan approval, preserve the archeological site through methods including, but not limited to, avoidance, incorporation into a planned park or open space, through deed into a conservation easement, or pre- serve through capping." RESOLUTION NO. 194-96 12/18/96 Page 29 AGENDA ACIIQN TAKEN / ~ / PUBLIC HEARINGS 1. Public Hearing - Terrabay - Continued. ECESS: RECALL TO ORDER: 22. Public Hearing - Consideration of amending the Oyster Point Grade Separation Formula; Conduct Public Hearing, Motion to continue the Public Hear- ing to 1/22/97. .~//~ ADMINISTRATIVE BUSINESS 26. Report on the hotel incentive package. ? 27. 28. Report on status of freight forwarding in South San Francisco. Report on the Kaiser site land use option at West Orange and Railroad Avenues. ~-O PUBLIC HEARINGS Carried by majority voice vote, Councilman Penna voted no. M/S Yee/Mullin - To waive reading of the ordi- nance. Carried by unanimous voice vote. M/S Yee/Mullin - To introduce the ordinance for a ten year extension of the Development Agreement, amended to include Section 2.5 to read as follows: "In furtherance of Development Agreement Exhibit E-l, No. 21, the project sponsor shall, within sixty (60) days of the effective date of the extension, submit for City Council review and approval, a schedule for preparation of plans and specifications for construction of hook ramps, for obtaining ap- provals from the State Department of Transportation and other affected agencies; and for construction of the hook ramps." Carried by unanimous voice vote. Mayor Fernekes called a recess at 12:05 a.m. Mayor Fernekes recalled the meeting to order at 12:20 a.m., all Council was present. Mayor Fernekes opened the Public Hearing. M/S Penna/Yee - To continue the Public Hearing to 1/22/97. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Continued by the City Manager under Agenda Re- view. Continued by the City Manager under Agenda Re- view. City Manager Wilson stated the City was ap- proached by Kaiser to sell their property and our concern is the property is zoned light commercial and if the City has concerns with the zoning it should be addressed early on. The Director of Economic & Community Development Van Duyn 12/18/96 Page 30 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8. Report - Continued. ['EMS FROM COUNCIL 29. Consideration and direction on the report on salary and benefit evaluations of the City with comparable cities made by Consultant Obenhuber - requested by Councilman Yee and adoption of a resolution to increase the City Clerk's salary and benefits. ~ I ~ A RESOLUTION AMENDING COMPENSATION PACKAGE FOR THE CITY CLERK AND RE- PEALS RESOLUTION NO. 70-96 ADMINISTRATIVE BUSINESS identified the traffic issue and compatibility to the surrounding area and now, staff needs direction. Councilman Penna has concern for the area between Grand/Railroad and Orange Avenues and think it should be rezoned if there is a new development. He wants the Council to think about changing the name of Railroad Avenue for most people don't like that as an address. Councilman Mullin stated the traffic generation points to residential northerly, whether mixed or not, to make it compatible and create a secondary street. He is also concerned with the apartment complexes in that area and mixed zoning and densi- ty. Councilman Yee agreed for it is close to the park, has residential and other mixed uses. Mayor Fernekes agrees and does not want apartment complexes. ITEMS FROM COUNCIL Mr. Obenhuber related: he interviewed the City Clerk in October and passed on the information received from her to be included in the package; he conducted a total compensation in summary form, including base salary with 8 or 9 benefits including health, vacation, holidays, car allowance and items of that nature; he surveyed nine different cities in the bay area and five were added to bring it to a higher level because when you only do four or five you have a problem with comparability; so, they surveyed nine and the results showed the S.S.F. City Clerk was 27% below the average and 34% below with the benefits; the clerk duties were es- sentially the same in all cities whether elected or appointed; in Milpitis clerk has a staff of nine and handles all word processing for the city; etc. Discussion followed: why the survey took so long; Alameda and Hayward are not in the group sur- veyed; the cities the survey includes; some cities use 18 or 20 cities for salary surveys and the consortium cities only use four or five, but the majority use ten to twelve; Councilman Mullin stated it is clear our City Clerk is below all the cities included in the 12/18/96 Page 31 AGENDA AC_TIQN TAKEN /~ ITEMS FROM COUNCIL 9. Consideration and direction - Continued. 30. Resolution appointing City Councilmember. to the Office of A RESOLUTION OF THE CITY OF SOUTH SAN FRANCISCO APPOINTING TO THE OFFICE OF CITY COUNCILMEMBER GOOD AND WELFARE ITEMS FROM COUNCIL survey and is below the median in total compensa- tion and salary and an adjustment is warranted; Mayor Fernekes, because of the many factors in- volved, appointed Councilmembers Penna and Yee as a Subcommittee to meet with the Clerk and come back to the Council with a recommendation. Ms. Francis Row, 709 Harvard, Sunnyvale, stated that Sunnyvale's Deputy City Clerk makes $60,636 and gets an annual review for an additional 10% salary annually. She feels a City Clerk is greater than a Deputy and $56,000 for the S.S.F. Clerk should be greater and she was glad the Council was going to give her a raise. A written ballot was taken of the two applicants, James L. Datzman and Karyl Matsumoto, and James L. Datzman received 3 votes and Karyl Matsumoto received 1 vote. M/S Yee/Penna - To adopt the Resolution appoint- ing James L. Datzman to the Office of City Council effective 1/8/97. RESOLUTION NO. 195-96 Carried by unanimous voice vote. GOOD AND WELFARE Councilman Penna stated he was attending a San Mateo County Visitors & Convention Center meet- ing tomorrow and asked if there was anything the Council wanted to see as a measure and no one responded. CLOSED SESSION 31. Closed Session - pursuant to GC 54956.9, conference with legal counsel on pending litigation - the case of United Anglers v. City of S.S.F. and Johnson v. City of S.S.F.; and pursuant to GC 54957 for labor nego- tiations for the Firefighters Unit. ECALL TO ORDER: CLOSED SESSION Council adjourned to a Closed Session at 12:34 a.m. to discuss the items noticed. Mayor Fernekes recalled the meeting to order at 1:27 a.m., all Council was presem, no action was taken and direction was given. 12/18/96 Page 32 ADJOURNMENT: RESPECTFULLY SUBMITrED, Barbara A. Battaya, City Clerk ~ City of South San Francisco M/S Penna/Mullin - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 1:28 a.m. APPROVED. Cit~ 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. 12/18/96 Page 33