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HomeMy WebLinkAboutMinutes 1997-07-23 Mayor Joseph A. Fernekes Council: James L. Datzman Eugene R. Mullin .... tohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room July 23, 1997 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Grand and Chestnut Avenues Modification and Alignment - ~nprovements - Director of Public Works Gibbs ACTION TAKEN 7:30 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Datzman, Mullin, Penna, Yee and Fernekes. None. The Pledge was recited. Chaplain Gene Linamen gave the invocation. PRESENTATIONS Director of Public Works Gibbs gave an overview of the Project: some time ago we were talking about traffic lights on Hillside and the interface, entrance and exits as they come down Chestnut; he showed the proposed alignment at Miller; he is going to pull the street to one side and when completed will have two lanes in either direction and sidewalk and gut- ter; there is parking in the back of the new develop- ment on Chestnut further up which the homes have access to; they must put in an 8' retaining wall and the utilities are on the east side of the street; because of the utilities, they have to form an underground utility district; at Grand he is proposing to take part of the vacant lot and make a right turn as we go north into Grand Avenue and take approximately 5'; he doubts that the trees can be saved, the foundation for the retaining wall will be there, but when we get to that stage we will replace them up the slope; etc. Discussion followed: Councilman Yee stated there is a tremendous movement to make a right turn in the intersection and if we are going to do it any way, to get the right-of-way, we could get an ex- clusive right-of-way for the site because if you don't, then the person in front of you is going to block all the vehicles trying to make a right hand turn; take ten or twelve feet instead of six feet for the intersection; this is in the CIP Budget for this 7/23/97 Page 1 AGENDA ACTION TAKEN PRESENTATIONS ,rand and Chestnut Avenues - Continued. GFOA Certificate of Achievement - Finance Director Brooks AGENDA REVIEW City Manager Wilson Requested: - Remove Item No. 10. RAL COMMUNICATIONS COMMUNITY FORUM PRESENTATIONS year and next year; Councilman Penna thinks if staff were to go across the street and take more of the property from across the street there would still be plenty of room for them to have their driveways, can have aprons and allow parking on the west side of the street, otherwise those people will not have any parking at all; the Director of Public Works will take a look at it; Councilman Penna stated he uses the street on a daily basis and is familiar with the configuration, so if you can widen it to take two lanes of traffic it will help; etc. Mayor Fernekes stated the Finance Dept. has re- ceived this Certificate for the last nine years for their financial report, and he commended the Fi- nance Director and his staff for this and the budget being prepared and passed on time. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Councilman Datzman related: there are telephone solicitations from Telecom Communications in Con- cord, however, they are not representing any S.S.F. police program; this organization takes 79% of contributions for overhead and collected over $200,000; he wants the public to know that all PAL funds go to PAL. Vice Mayor Mullin related: Council received a letter about trees being removed on Callan and the owner did not get notification from the City; he believes the City did a thorough job on notifying people; renewed the first annual Buri Buri Park and talked to people about over flight noise; there were kudos on the Alta Loma Park and the use of the Macy's site; he met with the Chamber and staff on an outreach program to solicit input for they are looking to employ more business and servicing what is here; Westborough Community Center meeting on 9/4/97 and at the El Rancho School on 9/11/97 on 7/23/97 Page 2 AGENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR I. Motion to approve Minutes of the Regular Meeting of 6/11/97 and Regular Meeting of 6/25/97. 2. Motion to confirm expense claims of 7/23/97. 3. Resolution of award of contract to Steiny and Com- pany, Inc. in the amount of $193,746.00 and approve the amount of $277,746.00, which is funded by De- velopers for the Terrabay, Heather Heights, and Chestnut Estates Development in the amount of $300,000, for the Hillside Blvd. Signal Installation Program. .:q'O ~50 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE HILLSIDE BOULEVARD SIGNAL INSTALLATION PROJECT TO STEINY AND COMPANY, INC. IN THE AMOUNT OF $193,746.00 o Resolution authorizing execution of Amendment No. 2 to the Master Contractual Services Agreement with Corlett, Skaer & DeVoto Architects for design and construction support services for the Aircraft Noise Insulation Program. A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE MASTER CONTRAC- TUAL SERVICES AGREEMENT WITH CORLETT, SKAER & DEVOTO WITH REGARD TO THE AIRCRAFT NOISE INSULATION PRO- GRAM Motion to approve plans and specifications and au- thorize the advertisement for bids for the Tennis Drive Street Light Improvements. :5"'O COMMUNITY FORUM the community focus with respect to the outreach program from the League to improve and enhance the quality of life by looking at community projects. Mayor Fernekes related: the Irish Town Reunion Dinner will be held on 11/1/97, the capacity is 200 and there are five seats left; 9/27/97 will be the S.S.F. Day In the Park which is growing in enthusi- asm and it will be co-chaired by the Chamber of Commerce. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Datzman. Approved in the amount of $3,431,480.28. RESOLUTION NO. 86-97 Councilman Penna abstained due to a conflict of interest. RESOLUTION NO. 87-97 Removed from the Consent Calendar for discussion by Councilman Datzman. 7/23/97 Page 3 AGENDA ACTION TAKEN CONSENT CALENDAR CONSENT CALENDAR Resolution approving corrected salary range for the Information Systems Manager. ~- ooo A RESOLUTION CORRECTING THE SALARY RANGE FOR THE CLASSIFICATION OF INFOR- MATION SYSTEMS MANAGER Removed from the Consent Calendar for discussion by Vice Mayor Mullin. Resolution authorizing an agreement between the City/County Assoc. of Governments (C/CAG) and the City for Bus Route Repair Maintenance Program. A RESOLUTION AUTHORIZING AN AGREE- MENT BETWEEN THE CITY/COUNTY ASSOCI- ATION OF GOVERNMENT AND THE CITY OF SOUTH SAN FRANCISCO FOR BUS ROUTE REPAIR/MAINTENANCE PROGRAM IN THE AMOUNT UP TO $31,698.00 FOR REIMBURSE- MENT RESOLUTION NO. 88-97 o Motion to approve the Terrabay Recreation Center design. .fid 5~/ Approved. Motion to adopt an ordinance relating to the location of meetings of the Historic Preservation Commission. AN ORDINANCE AMENDING SECTION 2.58.070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE LOCATION OF MEETINGS OF THE HISTORIC PRESERVATION COMMISSION ORDINANCE NO. 1206-97 10. Resolution approving a construction contract with Harris & Assoc. for a peer review of the WQCP. Removed from the Consent Calendar by the City Manager. A RESOLUTION APPROVING A CONSULTANT SERVICES AGREEMENT WITH HARRIS AND COMPANY RELATED TO PEER REVIEW OF WATER QUALITY CONTROL PLANT IM- PROVEMENTS M/S Penna/Mullin - To approve the Consent Calen- dar with the exception of Items 1, 5, 6 and 10. Carried by unanimous voice vote with the exception of Item 3 wherein Councilman Penna abstained due to a conflict of interest. Motion to approve Minutes of the Regular Meeting of 6/11/97 and Regular Meeting of 6/25/97. Councilman Datzman asked that page 7 of the Regu- lar Meeting of 6/25/97 showing his comments on the 7/23/97 Page 4 AGENDA ACTION TAKEN Motion - Continued. Motion to approve plans and specifications and au- thorize the advertisement for bids for the Tennis Drive Street Light Improvements. ,~tg~tO Resolution approving corrected salary range for the Information Systems Manager. p-ca~d~ A RESOLUTION CORRECTING THE SALARY RANGE FOR THE CLASSIFICATION OF INFOR- MATION SYSTEMS MANAGER ADMINISTRATIVE BUSINESS 11. Resolution authorizing a change in policy for the Aircraft Noise Insulation Program order of work for all remaining funds coming from the $120 million airport allocation to the MOU shall be to provide noise insulation to those dwelling units that are out- side the 1995 NEM 65 db CNEL contour inside 83 NMEL contour before providing such improvements to those buildings that are inside the 1995 NEM 65 db CNEL contour. Conference Center read, quite adequate. M/S Datzman/Mullin - To approve the Minutes of the Regular Meeting of 6/11/97 and Regular Meet- ing of 6/25/97 with the correction noted. Carried by unanimous voice vote. Councilman Datzman thought this was a plus, be- cause it is an important street into the park. He asked where the private street ended and the City street began. City Manager Wilson stated the Orange Park Master Plan discusses that, and as we proceed it will be addressed. Vice Mayor Mullin understood the need to take out trees, but does not want the Prevetti Palms removed. City Manager Wilson stated they would only remove some eucalyptus trees. M/S Datzman/Penna - To approve plans and speci- fications and authorize the advertisement for bids for the Tennis Drive Street Light Improvements. Carried by unanimous voice vote. Vice Mayor Mullin wanted to be assured that this position will start at the A step. City Manager Wilson assured him it would be so. M/S Mullin/Penna - To adopt the Resolution. RESOLUTION NO. 89-97 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS ANIP Program Manager Valkenaar gave an over- view and summary of the program: the 65 CNEL noise contour from the 1983 footprint; the program was intended to provide noise insulation of those homes within the noise contour; the current City policy is to provide that to the single family homes, townhouses, then condos, then multi-family dwell- ings each in order of their proximity to the Airport; with the basic funding we have received from the 7/23/97 Page 5 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 1. Resolution - Continued. A RESOLUTION CHANGING CITY OF SOUTH SAN FRANCISCO POLICY CONCERNING PRI- ORITIZATION OF EXPENDITURES OF FUNDS FOR THE AIRCRAFT NOISE INSULATION PRO- GRAM ADMINISTRATIVE BUSINESS Airport and the East of 101 and the interest we have earned and the investment of the funds we can complete all but the multi-family units; so the ques- tion addressed is how can we do more and where can we get the funding; the first source is to get the Airport to release the MOU and should be lobbied to release the portion of the $120 million MOU funds that are being reserved for Burlingame, Bris- bane and Foster City which will increase the base funding to SSF by a little over $3 million; the other is FAA funds to show the 1995 contour only for work inside the 1995 contour; FAA funds can be used to expand the total funding only if they are obtained after the original MOU allocation is used up; thus, by first spending the MOU funds on multi- family buildings outside the 1995 contour and addi- tional FAA funds can be used to insulate the multi- family buildings inside the 1995 contour which is the new map which was made and is smaller and makes the areas smaller; when the FAA did the new study for the DBL they found the footprint is small- er than the 1983 footprint and the noise level is decreased and he assumes they did that because they replaced the planes with quieter aircraft; many peo- ple feel the noise has not been reduced and is worse; if the policy is changed as proposed, 582 dwelling units in 34 multi-family buildings in Brentwood, Avalon Park, Avalon Pines and Southwood will have to wait for FAA funding to have the work done; assuming the current rate of FAA funding continues, it will take about 3 years after the MOU funds are depleted to complete all of the buildings; if the current policy is unchanged, about 800 dwell- ing units in about 115 buildings will not be done for currently there are no prospects for additional fund- ing to cover these building; in either case, the 104 apartments in the Skyline View Gardens will proba- bly not be funded; there are 35 noise stations around the Airport and they measure the noise using a State formula to determine the CNELs; contour of the footprint where the ground rises and is closer to the airplane; etc. Discussion followed: is there a way to challenge the new footprint; part of the reason for the new study is to minimize the FAA funding; the Airport com- mitted $120 million for noise insulation in the foot- print from any and all sources; our program is spending $12 to $15 million a year; the Airport is 7/23/97 Page 6 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 1. Resolution - Continued. 7/23/97 Page 7 ADMINISTRATIVE BUSINESS making the money up out of their pocket, it doesn't get replaced; the MOU is covered in the 1983 foot- print; if we use the money for houses outside the 1985 footprint then you can go back and use FAA funds in the new footprint but we may negate the FAA funds for the old, so it is an advantage to do the old first; but the Airport only guarantees the $120 million regardless of where the funds come from; after expending 20% funding the FAA has no further obligation; the Airport will continue to pay their 20% against the FAA's 80% funding if needed beyond the $120 million for that is a statement in the MOU; if this is not true than the Manager rec- ommendation tonight does not mean anything; Councilman Yee talked to the FAA and they will continue at the $2 million per year, but also there was an indication, because of the $120 million, you better hold back the 20% within the '83 footprint; we have to make sure we have the 20% from the Airport in addition to the $120 million; is the $120 million a cap; Councilman Yee stated the Airport has been funding the program for the past 8 years and they have no problem with it continuing; if we can get a statement from the Airport about guaran- teeing the 20%, if we get within the footprint Councilman Yee would be satisfied; Councilman Penna stated the Airport's motivating factor is not to insulate the homes, but to prevent lawsuits from citizens, so they can travel over their air space by getting the air rights; the Airport wants the noise easements, so the property owners will not sue and they are protected against nuisance lawsuits; Coun- cilman Yee stated the Skyline, units will not be done within the 1995 footprint, however, if we get a portion of the funding of Foster City will we be able to do it; no, if we get the $3 million from the Air- port or the FAA we expect to do all of the units except those apartments, but if we don't get ether one then there is a significant number that will not be done, such as the ones farthest away; the chance of getting the $3 million is good, but you can't count on it; the problem is the number of other units in jeopardy with the 1983 footprint; why focus on the 115 units if the policy doesn't change; staff will work on a two year lead contract to keep the con- struction flow; Councilman Yee has two concerns - the people in the 1995 footprint were offered insul- ation, and this can impact them and should we make a decision to impact them, and he is not sure he can AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 1. Resolution - Continued. Councilman Penna Left the Podium. LEGISLATIVE BUSINESS 12. Motion to adopt three ordinances on junk collectors. AN ORDINANCE AMENDING CHAPTER 6.56 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO PRIVATE RECYCLING AGENTS AN ORDINANCE AMENDING CHAPTER 8.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL ADMINISTRATIVE BUSINESS support this unless he knows the 20% is not part of the $120 million and he knows staff is trying to stretch the money; he feels we should notify the people this is the direction we are going in; was there a schedule for multi-family units in the 1995 footprint; the Manager had put together a schedule for it all, but there is no time schedule; if this is not adopted it puts in jeopardy the $6 million. M/S Mullin/Penna - To adopt the Resolution. RESOLUTION NO. 90-97 Carried by majority voice vote, Councilman Yee voted no. Discussion followed: the FAA requested the Airport to do another study to minimize the footprint; ANIP Manager Valkenaar replied yes, on the basis that the old one was done in 1980; Vice Mayor Mullin is going to assume that the potential to increase it beyond those two footprints is nil or non existing, although it seems that the level of noise has in- creased; ANIP Manager Valkenaar stated, based on the noise studies and the 35 monitoring stations that come up with monthly monitoring they are showing a decrease; they did noise restudies twice on Camaritas and the noise levels are lower, because they average despite single event noise; Councilman Yee asked that the report be sent to Council. Councilman Penna left the podium at 8:53 p.m. due to a conflict of interest. LEGISLATIVE BUSINESS City Manager Wilson stated that due to the conten- tious nature of the item it was not put on the Consent Calendar. Ms. Beverly Boblitt, 2204 Delvin Way, stated she has operated WRT for 25 years after the death of her husband. The firm paid their business licenses and provide services to small businesses. Two weeks ago there was a statement about the amount of our business and that this would not put us out of business. Because we are a small business it is very important to our success and over 7/23/97 Page 8 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS Motion- Continued. AN ORDINANCE AMENDING CHAPTER 8.28 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO RECYCLABLE MATERI- ALS LEGISLATIVE BUSINESS the last few weeks our business increased and we can not get our customers to source separate for we provide a recycling service that keeps down the landfill. The subject of hamburgers or tacos was made an issue. We don't want them mixed with the recycling and request that only recycling be put in it. Many charges have been made in the 25 years for her husband was a Planning Commissioner and a Councilman and worked to decrease the products filling the landfill, such as with the cardboard. Please allow our customers to mix the paper, card- board in the containers for us to pick up and we will be diligent about no garbage and we will work with them. She cannot believe the Council wants to give total monopoly to the Scavengers and urge the Council to allow them to commingle and be picked up by us. They will offer reports and intend to comply and work with the City. Ms. Candice Giani, 78 Leo Circle, stated she sat here, along with family and friends, until 2:00 a.m. and said nothing, went home and found she did have something to say. She related: her parents bought a house in 1951, she was born in 1953 and has a younger brother; she has lived here 44 years, went to school and college, bought a house and is now raising her children; her father was killed in an accident leaving the family in debt and her mother ran the business with a very small profit and with small salaries; at that time there were other debris operators, we charged $35.00 a box and she answered the phone; even then the Scavengers thought they could have a monopoly even without having good services; they looked for ways to wipe us out, but they did not count on the individual tenacity that would not back down in every adversity most of the other companies fell by the wayside and we were recycling long before the Scavengers, were reselling it and into other things; we sold plastics and changed our name to Waste Resource Technolo- gy; long before our local scavengers, my brother Craig found a way to change it to compost and his Company has won an award for buyable product that would otherwise clutter our land fill; she was angered to watch the scavengers throw everything into their trucks, toss and damage the recycling bins, yet they are the very same people that want to be 7/23/97 Page 9 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS 2. Motion - Continued. 7/23/97 Page 10 LEGISLATIVE BUSINESS responsible for recycling; she feels it is a matter of public safety, but for the Council to grant the Scav- engers a monopoly without an effort is unthinkable; you have given them a plum that many companies would pay you more than the asking price; she asked the Council to reconsider and allow free enter- prise to flourish and give the people a choice; etc. Councilman Yee remembered the last Council meet- ing, staff indicated the recycling business would continue as it is now, if that is the case he does not understand the concern. City Attorney Mattas staged they can continue to collect recyclable materials. The junk collectors, that have most of the debris boxes, require that the material be source separated. The definition in all three ordinance requires that they separate it into different categories that are saleable without further sorting, i.e., cardboard separated from plastic. They can have bins to allow them to collect those things that are saleable, but the only additional obligation would be they have to source separate the materials. The junk collectors are prohibited from carrying waste. The prior ordinance said they have to source separate, that is the requirement and they can still pickup recycling, however, some of the collectors are picking up more than that and the source separation was a way to go closer to the goal. Mr. Frank Cvetiac, Waste Resources, stated there is a need to commingle the bins for recycling which allows the customers to use one bin and we are not asking to touch any wet garbage, but to handle recyclable products for you can't have that many bins on the street. We are asking to continue doing business. We do not have a problem with the issue of tonnage, and he feels they are being punished when they have complied with all the rules and regulations and he wanted the Council to take that into consideration. He hopes this can be solved and they don't have to go outside the City Council. We have been in business a long time and have a lot of blood, sweat and tears and hope the Council sympa- thizes with their issues. Councilman Datzman stated he has a long standing respect for the speakers, as well as other people AGENDA ACTION TAKEN {c~ LEGISLATIVE BUSINESS ~.. Motion - Continued. 7/23/97 Page 11 LEGISLATIVE BUSINESS involved and it has degenerated into the Hatfields and McCoys. He knows a lot more about recycling than he did before, he does not think it is the end, but the beginning for there are hosts of things that are on-going concerns. There is a need to look out there and see what is occurring out there in the commercial with the recycling with the goals we are mandating. The second thing is the books, and those have been ignored, yet what is going into the landfill, is it small numbers. He is finding it difficult to grasp, there are confusing areas and what is happening to the fees. After the last Council meeting, Mr. Moore talked about his expertise in this and he believed him, then we get a letter ad- dressed to the City Attorney giving the deadline to have something done by the weekend. Everything received on this issue has been handled contrary for everything is at the last minute, and when we looked at the contents of the letter on WKP is challenged in Court and wants an injunction while the issue is pending in Court. He stated there is a Council election in November and it is not inconceivable that a new Council composition would be affected. He does not know if Mr. Moore is going to direct this to the next election and suggesting it in a threatening posture. City Attorney Mattas stated there was no additional contact from Mr. Moore since he sent a response to his letter. M/S Mullin/Datzman - To adopt the Ordinance relating to private recycling agents. ORDINANCE NO. 1207-97 M/S Datzman/Mullin - To adopt the Ordinance. Carried by majority voice vote, Councilman Penna abstained. ORDINANCE NO. 1208-97 Carried by majority voice vote, Councilman Penna abstained. M/S Datzman/Mullin - To adopt the Ordinance. ORDINANCE NO. 1209-97 LEGISLATIVE BUSINESS 2. Motion Continued. Councilman Penna Returned to the Podium. ITEMS FROM COUNCIL 13. Appointment to the Planning Commission by the City Council to fill the unexpired seat of Leo Padreddii. GOOD AND WELFARE LOSED SESSION ,4. Closed Session, pursuant to GC 54957.6, salary negotiations for AFSCME. RECALL TO ORDER: ADJOURNMENT: LEGISLATIVE BUSINESS Carried by majority voice vote, Councilman Penna abstained. Councilman Penna returned to the podium at 9:22 p.m. ITEMS FROM COUNCIL By written majority vote Judith Honan was appoint- ed to fill the unexpired term of Leo Padreddii, Councilman Yee and Vice Mayor Mullin voted for Ms. Avila. GOOD AND WELFARE Councilman Penna cited his concerns: speeding in Buri Buri and Sunshine Gardens; wants a report on efforts to slow down vehicles by narrowing the streets or putting in speed bumps; commended the good tree plants, but some neighborhoods still don't have trees. CLOSED SESSION Council adjourned to a Closed Session at 9:24 p.m. to discuss the item noticed. Mayor Fernekes recalled the meeting to order at 9:30 p.m., all Council was present, no action was taken and direction was given. M/S Mullin/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 9:31 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. J eph F er n e"k~h~~ ~ ~~~of%~! Francisco 7/23/97 Page 12 AGENDA ACTION TAKEN (q2.- .._..~e entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- ons, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the ~ffice of the City Clerk and are available for inspection, review and copying. 7/23/97 Page 13