Loading...
HomeMy WebLinkAboutMinutes 1999-09-08CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION: PRESENTATIONS MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING SEPTEMBER 8, 1999 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE 7:30 p.m. Present: (Cassette Tape No. 1) Councilmembers Femekes and Mullin, Mayor Pro Tem Matsumoto and Mayor Datzman Absent: Councilman Penna Led by Mayor Datzman Father Bill Justice, All Souls Church Introduction of New and Promoted City Employees - the following introductions were made: Director Marty Van Duyn, Department of Economic and Community Development, introduced new employee Laura Iskra. Director Barry Nagel, Department of Parks, Recreation and Maintenance Services, introduced new employees Sandra Ferrari, William Morrison, Javier Vasquez, and John Falzon. Director Valerie Sommer, Library, introduced promoted employee Leon Wilborn and new employee Mary Torres. Chief Russ Lee, Fire Department, introduced new employees Tina Ronzani, Jackie Kios, Rocque Yballa, Keir Rankin, and Stephen Mann, and promoted employees Terrance Long, Pete Melcher, Chris Campagna and John Lucia. City Clerk Sylvia Payne introduced new employees Angela Byrne and Linda Patrick. Chief Raffaelli, Police Department, introduced new employees Marty Mahon, Brian Huynh, Michael Toscano, Richard Cheechov, Zeke Mead, Marty Overton, Andrew Limtiaco and Dana Compani. · Proclamation - International Literacy Day, September 8, 1999: Presented by Mayor Datzman and accepted by Ken Metcalf, Ace Paul and Holly Fulghum-Nutters. · Proclamation - Judge F. Jose deLarios Mayor Datzman read proclamation and stated it would be presented to the family of Judge deLarios. · BART Monthly Update - Jaymie Steen Ms. Steen, BART Community Liaison, presented a visual and oral presentation of the construction and other related events that have taken place during the past month. She announced that the bids for the South San Francisco station were opened on August 31 and are currently under evaluation. She reviewed the work that is being done in conjunction with the Colma Creek Flood Control District, and the preparation work at the South Spruce Avenue BART crossing. She further outlined outreach efforts, notices sent to property owners, tours, and meetings with community organizations that have been held. AGENDA REVIEW City Manager Wilson requested Item No. 13 be removed and informed Council that staff reports for Item Nos. 3 and 8 have updated information. ORAL COMMUNICATIONS: Mr. Nicholas Paterson, P.O. Box 911, South San Francisco, informed Council of problems he is having with a neighbor that he believes is burglarizing his home. He attempted to file a police report without success. He expressed what difficulties he has been having and asked for an explanation as to why the police refused to file a report. Mayor Datzman referred the matter to the City Manager for follow-up. Mr. Ray Urbancic, Treasure Island Trailer Court, 1700 E1 Camino Real, Rue 19, Space 7, asked Council to assist residents of the trailer park in securing an agreement with BART to repair damages caused by construction at the trailer park. He elaborated on the problems that have been occurring at the trailer park, he did not agree with statements made by Public Works Director Gibbs at the August 11, 1999 meeting, and that residents at the trailer park are not in a position, financially, to make their own repairs. Ms. Melinda Cohen-Huntley, Treasure Island Trailer Court, 1700 El Camino Real, Rue 21, Space 37, stated that she is receiving complaints from residents at the trailer park that contractors are charging for the repair work. She would like to have Tutor Saliba's designated repairmen's names posted for the residents' information. She also stated other concerns, including dust control, night work, and the fear that BART/Tutor Saliba will be vacating the area without repairing their damage. REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 2 Mayor Datzman assured the speakers that the City is still very active in seeking a resolution to the trailer park' s problems and directed staff to follow-up and resume discussions with BART representatives. Mayor Pro Tem Matsumoto asked Ms. Steen for clarification on what BART is doing about the speakers' concerns. Ms. Steen stated she has weekly meetings with Tutor Saliba and all concerns are diligently executed and measures are taken to have them mitigated. She assured Council that she will meet with Tutor Saliba tomorrow morning (9/9/99) to discuss these issues and have them resolved with the residents. Councilman Mullin reminded Ms. Steen that the area of the trailer park abutting the BART construction line was to be re-asphalted, as mentioned at the August 11, 1999 meeting, and Ms. Steen responded that she did not know the status of that work. Councilman Mullin stated that the first step was to get a commitment from BART to make repairs before leaving the area. He offered to take part in the meetings with BART/Tutor Saliba representatives, if necessary. Mr. Urbancic and Ms. Cohen-Huntley stated that there are also electrical, plumbing and gas line problems. Councilman Fernekes stated he visited the area and that the residents' need to be assured that their problems will be addressed. Ms. Steen reiterated her course of action and stated that she will follow-up with Councilman Mullin. Pedro Gonzalez, 804 Olive Avenue, invited Council to attend the annual Mexican Independence Day festivities being held Sunday, September 12, 1999, on the front steps of City Hall. He introduced members of Sur San Francisco Unidos, and detailed the day's activities. Mr. Bobby Rouse, 21133B Alameda Avenue, Alameda, representing the employees at the UCSF Stanford Storehouse on Forbes Boulevard, thanked Council for its support and announced that there has been a delay in closing down the storehouse until December 1, 1999. Ms. Linda "Spike" Kahn, 422 Judah Street, #101, San Francisco, representating UCSF Stanford Storehouse employees, updated Council on problems UCSF/Stanford is having with the Marriott laundry facility in Gilroy. She stated that a state auditor examined the merger books and found it to be a failure. She reported on Senator Speier's hearings, and that the San Francisco Weekly will be doing an expose on the merger and the poor work that Marriott is doing. Ms. Kahn believes that if UCSF-Stanford un-merge the laundry facility will re-open since the equipment was not sold. She stated that the Board of Regents is holding a meeting on September 16, 1999, at 1:00 p.m., and urged Councilmembers to attend the meeting and to continue their letter writing. COMMUNITY FORUM Mayor Pro Tem Matsumoto announced a Council of Cities Legislative Breakfast will be held on October 17, 1999 and Councilmembers are invited to attend. REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 3 Councilman Mullin stated that a comprehensive final draft comment letter on the SFO Runway Reconfiguration Program was executed and delivered to the City of San Francisco today and copies of the letter can be provided to those who are interested. Mayor Datzman thanked the San Francisco Giants and owner, Peter McGowan, for the hospitality that was extended to the City of South San Francisco at 3Com Park on September 1, 1999. He also reported that he recently met with Historic Preservation Commissioner Feudale regarding the preservation of the Lux Barn on Oak Avenue. He stated that Commissioner Feudale requested, with Council's consent, that an exploratory letter be sent to San Mateo County Supervisor Griffin to examine the feasibility of moving the barn structure to County property across the street from its current location and utiliziing it as a North County Historical Museum site. Councilmembers stated no objection. Mayor Datzman stated that his last item concerned a letter complaining about the catering trucks that stay for long periods of time at Orange Park. He directed staff to investigate the matter and respond to the letter. COUNCIL SUBCOMMITTEE REPORTS Day in the Park Subcommittee Presentation: Councilman Fernekes reported on the September 18, 1999, Day in the Park festivities and displayed the poster designed by Cultural Arts Commissioner Dennis Crossland. Mayor Pro Tem Matsumoto displayed the pins commemorating the day, and t-shirts designed by Mr. Crossland. Director Nagel highlighted the days events, including entertainment, food, beverages, and public safety demonstrations. (Cassette Tape No. 2) Councilman Fernekes also mentioned the day's main sponsors that include Genentech, Britannia Development, and RCN and twenty other community sponsors. Mayor Datzman stated that, in absence of Councilman Penna, he attended a San Mateo County Convention and Visitors Bureau meeting along with representatives of the cities of San Mateo, Millbrae and Burlingame to discuss alternative funding programs. Another meeting with the Bureau is scheduled for October 4, 1999 to continue a review of this matter and to finalize a funding formula. He also announced that the Council will be making necessary appointments to the Housing Authority in October, but a plan to fill Historic Preservation Commission expired seats must be studied before any action is taken. Mayor Datzman announced that Mayor Pro Tem Matsumoto and Councilman Mullin have agreed to serve on a Council subcommittee to study the matter and to report back to the full Council with a recommendation. CONSENT CALENDAR Motion to Approve the Minutes of the August 11, 1999 Regular Meeting, and August 11 and August 18, 1999 Special Meetings REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 4 o o o Motion to Confirm Expense Claims of September 8, 1999 in the amount of $7,697,808.83. Resolution No. 115-99, Authorizing the Acceptance of a Library Services and Technology Act (LSTA) Grant from the California State Library in the Amount of $20,000 to Purchase Young Adult Materials Resolution No. 116-99, Amending the List of Designated Positions that are Subject to the Conflict of Interest Code Resolution No. 117-99, Providing the Director of Public Works with Authority to Execute Right-of-Way Certifications Motion to Accept Public Improvements Constructed in Connection with the Chestnut Estates Subdivision as Complete Motion-Fernekes/Second Mullin: To approve the Consent Calendar as presented. Approved by voice vote. (Recess: 9:00 p.m. - 9:12 p.m.) PUBLIC HEARING Cecchini Realty, SC-99-044 - Appeal of Planning Commission Denying Type "C" Sign Permit to Replace Existing Double Face Sign and One Readerboard Sign at 1010 E1 Camino Real Public hearing opened. Staff Report presented along with a visual presentation by Chief Planner Sparks. Mr. Dante Cecchini, owner, 1010 E1 Camino Real, stated that the current readerboard is in disrepair, and explained other related problems. He felt that this was the time to change the current sign and let a computer do the work. He referred to the sign as a landmark to the area. He stated that he would not abuse the use of the sign and would not change the sign copy that often. Mr. Steve Peterson, applicant, ADART Sign Co., explained that the proposed readerboard sign is not like Serramonte's, that it can only do one color, and there will be no flashing or blinking. He informed Council that the readerboard's purpose is to change the copy more efficiently; he briefly explained the sign's features. Mr. Jeff Aaron, 1010 E1 Camino Real, stated his support for the electronic readerboard, endorsed its usuage, and that this type of sign is becoming more common. He stated that Municipal Code Section 20.76.170 already addresses the use of electronic readerboards, the Federal Court has studied the issue and found that a city can not oppose them if there's an ordinance. He continued that the electronic readerboard will not be a distraction and will be used at the BART station. He suggested that the issue of this application setting a precedent should be dealt with later. He agreed that each REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 5 readerboard should be evaluated individually. He reiterated the comment that the current sign is a landmark and that the new sign will only add class to the area. Chief Planner Sparks advised Council that Municipal Code Section 20.76.170 referred to time and temperature type signage. He informed Council that there was a fundamental basis of concern with electronic readerboards (rapid flashing, colors changing) and the precedent it would set for future sign requests. He stated that staff would like to have clear guidelines to follow if electronic readerboard signs are to be permitted in South San Francisco. Mr. Aaron reiterated that the sign will not flash, even though State law allows such signage to change every four seconds. He added that Cecchini Realty will only be changing sign copy every 20 hours and its use will not be abused. Public hearing closed. Councilman Fernekes stated his support for staffs recommendation and the need for clearer policy. Councilman Mullin felt approving the readerboard would set a precedent, and discussed with staff Municipal Code Section 20.76.170 and 125. City Attorney Mattas reviewed the sections dealing with the appeal process, exceptions, legalities of the current sign, and suggested that Council might want to address a policy for electronic readerboards. Councilman Mullin doubted electronic readerboards would be used outside the BART station, as they are currently only used at station platforms. He stated he agreed the sign needed to be improved, but could not support an electronic readerboard in the community. Mayor Pro Tem Matsumoto supported sign conformity in the community and stated she could not support an electronic readerboard that advertises, and felt it would be setting a precedent. City Attorney Mattas reiterated that the current readerboard is legal, but non-conforming, and that the readerboard mechanism is the issue. Mayor Datzman agreed that the current sign was not visually pleasing, but questioned whether or not the proposed electronic readerboard would be visually acceptable. He discussed with staff the possibility of denying the application without prejudice and have the proposal brought back after staff has had an opportunity to study the matter further. City Attorney Mattas advised Council to deny the application and to avoid giving mixed signals. Motion-Mullin/Second-Fernekes: To uphold the Planning Commission's recommendation to deny Sign Permit SC-99-044 based on the attached findings and to direct staff to conduct a sign study. Approved by roll call vote. Absent: Councilman Penna. REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 6 With Council's agreement, Mayor Datzman suggested staff conduct a sign study that would include size, color, flashing, and changing of copy. Staff indicated that a sign study will be conducted as part of the General Plan implementation and that it will take under a year to complete the study. ADMINISTRATIVE BUSINESS o Resolution Approving a Five Year Capital Improvement Program (CIP) Budget for the Years 1999 Through 2004 Public Works Director Gibbs briefly reviewed the proposed CIP. He stated that the Oyster Point Overcrossing is being discussed under Item No. 12, and further discussions are planned for addressing avenues of funding for a new library and two new fire stations. City Engineer Kianpour presented the staff report. He noted a correction to the staff report that the funding from Redevelopment is $3,100,000 not $3,156,000, for a total CIP of $20,600,000. Motion-Fernekes/Second-Matsumoto: To approve Resolution No. 118-99, a five year Capital Improvement Program Budget for the years 1999 through 2004. Approved by voice vote. Resolution Authorizing the Submittal of the Preliminary Three-Year Plan to the Peninsula Community Foundation for the Funding of the Peninsula Partnership for Children, Youth, and Families' South San Francisco Community Partnership Staff report and visual presentation was made by Library Director Sommer, Linda Korth, Program Manager for the Institute for Social Development; and Dennis Dawson, Coordinator for Categorical Programs for the SSFUSD. They addressed the goals of the Partnership, including its planning process, the three year preliminary plan, creating a community collaborative, its kindergarten readiness program, and obtaining literacy for all by the third grade. Director Sommer displayed the "Book Bag" as part of the Kindergarten Readiness Program and explained its purpose and eventual program expansion. She also read the narrative "Imagine Rosa", an example of what the program will do for a participating child. Mayor Datzman stated he welcomed 80 new school teachers to the district today. He told them that the City and School District has pulled together on many issues recently that make sense for the community, and that this is one of them. Councilman Mullin complimented Director Sommer and Community Outreach Director Heather Quinn's work which has helped to make the program a success. He stated his avid support for the program and commended City Manager Wilson for setting the tone for having the program implemented. Mayor Pro Tem Matsumoto felt the program was ambitious and questioned if all aspects of the collaborative were in place as far as committee members. Staff stated that creating REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 7 the community collaborative is a vision, but many subcommittees will include staff and community base organizations, but it is a growing, on-going project. Mayor Pro Tem Matsumoto suggested books on diversity be incorporated in the book bag and staff indicated they are being included. Director Sommer indicated that with Council's approval, this resolution will allow the coordinator's position to be filled. Motion-Fernekes/Second-Mullin: To approve Resolution No. 119-99, authorizing the submittal of a preliminary three-year plan to the Peninsula Community Foundation and amending the 1999-2000 operating budget (No. 002) for the Library in the amount of $39,160, which will incorporate the grant funds received due to the filing of the above plan. Approved by voice vote. 10. Motion to Adopt an Ordinance Amending SSFMC Title 20 Rezoning Retail Commercial (C-l-L) Zone District to Medium Density Residential (R-2-H) Zone District for 0.30 Acre Site, Bounded by Hillside Boulevard and North Spruce Avenue (APN: 012-046- 260) Motion-Femekes/Second-Mullin: To adopt Ordinance No. 1250-99, changing the zoning of a 0.30 acre site located at Hillside Boulevard and North Spruce Avenue from retail commercial (C-l-L) zoning district to medium density residential (R-2-H) zoning district. Approved by the following roll call vote: AYES: Councilmembers Fernekes and Mullin and Mayor Datzman. NOES: Mayor Pro Tem Matsumoto. ABSTAIN: None. ABSENT: Councilman Penna. 11. Resolution Granting an Increase in Solid Waste Disposal Rates to the South San Francisco Scavenger Company Staff report presented by Public Works Director Gibbs. Council discussed with staff the basis for the increase, which was the result of Ox Mountain Sanitary Landfill rates increasing, thus prompting South San Francisco Scavenger Company to do likewise. Staff stated the landfill is owned by BFI, and further explained on-going negotiations San Mateo County is having with BFI. Staff also stated that next year the rates will be reviewed as part of a survey, and that this is only an interim rate adjustment as specified in the ordinance covering the franchise agreement. (Cassette Tape No. 3) Motion-Mullin/Second-Fernekes: To approve Resolution No. 120-99, granting an increase in solid waste disposal rates to the Scavenger Company per the terms of Section 6.3 of the Franchise Agreement dealing with extraordinary items. Approved by voice vote. 12. Oyster Point Boulevard Overcrossing Funding Program Public Works Director Gibbs presented a visual and oral presentation, explaining all of REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 8 the issues that need to be addressed in order to complete Phase II and III of the Overcrossing. He further explained that a consensus from Council is required in order to present the City's proposal to the San Mateo County Transportation Authority in October. Director Gibbs reviewed a chronology of the Oyster Point Boulevard Overcrossing since 1981. He presented a comprehensive and detailed report on the current and future development for the area, and funding commitments. In summary, Director Gibbs stated that staff will be proposing to the Authority a financing package requesting 50% funding for the flyover, and 50% funding for the hook ramp. The City's portion will be in the terms of a loan that will be paid back to the City with money collected through the Oyster Point trip generation fee process. (Recess: 11:02 p.m.- 11:11 p.m.) Director Gibbs stated that staff was seeking from Council direction and permission to proceed and that all agreements are in place. Staff assured Council that the Authority will support this proposal and that it was through discussions with Authority staff that the proposal was formulated. The Authority has also been assured that the City can meet its commitment. Director Gibbs explained that this methodology was used for Phase I of the Oyster Point Overcrossing development. Council discussed with staff the current formula for calculating the trip generation fees for the Oyster Point Overcrossing. The current level is $154/trip and staff proposed to increase it to $220/trip. Staff further explained that the Transportation Authority is preparing a new list of projects to fund for the coming year and that it is important to bring this proposal to them now. Councilman Mullin stated his concern with bringing the proposal to the Transportation Authority and increasing the trip generation fee formula. Staff discussed the possibility of pledging undesignated reserves which may give the Transportation Authority greater assurance. Understanding that this proposal was only prepared in the last 24 hours, Mayor Datzman suggested that if the fee is increased, the East of 101 community be informed expeditiously as it may impact businesses. Staff stated a meeting with developers can be arranged, but the trip generation fee is substantially low in comparison to other cities. Staff asked for concurrence to 1) let staff develop a proposal to the Transportation Authority; 2) notify Brisbane of the proposal; 3) show a good faith effort to complete the Oyster Point interchange project is being made, and 4) seek Brisbane City Council's endorsement. Motion-Fernekes/Second-Mullin: To have staff develop a proposal to the San Mateo County Transportation Authority and notify Brisbane of the proposal. On the question: Councilman Mullin stated that his vote is conditioned on the fact that the loan will be paid back by a floating trip generation fee that is not dramatically different from the existing and is indexed for inflation. Council agreed. Motion continued: Approved by roll call vote. Absent: Councilman Penna. REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 9 ,97 LEGISLATIVE BUSINESS 13. Motion to Waive Reading and Introduce an Ordinance Amending SSFMC Chapter 11.40 Related to Trucks Parking in Violation of the Public Right of Way. Item was pulled from agenda. ITEMS FROM COUNCIL Councilman Mullin questioned the recent painting of the Grand Auto Store, located at E1 Camino Real and Arroyo Drive, and whether it went through the proper review. Mayor Datzman directed staff to report back to the Council. GOOD AND WELFARE None. CLOSED SESSION 14. Closed Session Pursuant to Government Code Section 54957.6, Labor Negotiations for Executive Management; and Pursuant to Government Code Section 54956.9, Anticipated litigation: Forte Claim Convened into Closed Session: 11:55 p.m. Reconvened into Open Session: 12:15 p.m. Councilmembers present: Fernekes, Mullin, Mayor Pro Tem Matsumoto and Mayor Datzman. Absent: Councilman Penna City Attorney Mattas announced Council took no action/direction given for the first Closed Session item (Labor Negotiations); and the second Closed Session item (Forte Claim), Council voted 4-0, authorizing a $20,000 claim settlement. ADJOURNMENT Motion-Mullin/Second-Fernekes: To adjourn the meeting at 12:15 a.m. Unanimously approved by voice vote. Respectfully Submitted: Sylvia M. Pay~ City of South San Francisco Approved: FSofL oDu: Zr:: an cog7 The entries of this Council meeting show the action taken by the City Council 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. REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1999 MINUTES PAGE 10