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HomeMy WebLinkAboutMinutes 1995-09-13 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes ---lohn R. Penna goberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room September 13, 1995 292 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO SEPTEMBER 13, 1995 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 13th day of September 1995, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session: pursuant to GC 54957.6, to meet with its designated representatives on labor relations and the -- employee organizations are AFSCME, Management and Confidential and Police Safety Managers. Dated: September 7, 1995 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session: pursuant to GC 54957.6, to meet with its designated representatives on labor relations and the em- ployee organizations are AFSCME, Management and Confidential and Police Safety Managers. --)uncilman Penna Arrived at the Meeting at 7:15 p.m. RECALL TO ORDER ACI!QN TAKEN 7:08 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Teglia and Yee. Council Absent: Penna. Council adjourned to a Closed Session at 7:09 p.m. to discuss the items noticed. Councilman Penna arrived at the Meeting and en- tered the Closed Session at 7:15 p.m. Mayor Yee recalled the meeting to order at 7:41 9/13/95 Page 1 AGENDA RECALL TO ORDER: - Continued. ADJOURNMENT: ACTION TAKEN . 293 p.m., all Council was present, no action was taken and direction given. M/S Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:42 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerl6/ City of South San Francisco APPROVED. Robe~'~'ee, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council to' dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 9/13/95 Page 2 Mayor Robert Yee Council: Jack Drago __Joseph A. Fernekes Iohn R. Penna [oberta Cerri Teglia MINUTES_ City Council Municipal Services Building Community Room September 13, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS 1995 Beautification Awards - Commercial Category - mentech; Multi-Dwelling - Carmen Hidalgo; Residential : ~tegory - Megalis Fernandez, James and Maureen ,.,son, Eduardo and Graciela Haro Proclamation - Adult Day Care - Wilma Gianetti (age 82) and Elizabeth Hornick ,~,tgq 7 Proclamation - Coastal/Creek Clean-up ?7 Proclamation - Diana Byers Councilman Perma Left the Podium: ACI!ON IAKEN 7:43 p.m., Mayor Yee presiding. Council Present: Drago, Fernekes, Perma, Teglia and Yee. Council Absent: None. The Pledge was recited. Rev. Neely, Grand Ave. Baptist Church, gave the invocation. PRESENTATIONS The beautification awards were presented by Barbara Crossland, Cynthia Fitzgibbons and Mayor Yee. Councilman Penna read the Proclamation aloud and presented it to Wilma Gianetti and Elizabeth Hornick. Councilman Fernekes read the Proclamation aloud and presented it to Barbara Crossland. Mrs. Crossland stated people will meet at Haskins Way on Saturday, 9/23/95, at 9:00 a.m. and en- couraged everyone to attend. Mayor Yee read the Proclamation aloud and pro- ceeded to commend Mrs. Byers, Owner and Man- ager of McDonalds at Gellert, for her contributions to this community. Mayor Penna left the podium, would be gone for an hour and asked that no items be taken up after 11:00 p.m. 9/13/95 Page 1 AGENDA A~TION TAKEN -'~'GENDA REVIEW .ty Manager Wilson Requested: Remove Item No. 15 as the item was withdrawn by Mr. de Bartolo. ORAL COMMUNICATIONS AGENDA REVIEW So ordered. He stated that if the meeting is to be continued, Item 13 can be continued. Mayor Yee stated he may take Item No. 14 before Item No. 13. ORAL COMMUNICATIONS Ms. Patricia Burke gave a transportation update: the Joint Powers Board and the SamTrans Board have agreed unanimously to work together to establish a Caltrain station at the Airport with a light rail con- nection into the Airport; it is essentially paid for and owned by the people of San Mateo County, and is essentially a people mover and will be outside of the Airport on the west side; the Air Commission is not holding up things for BART. Mr. Lou Dell'Angela stated he is pinch hitting for Jim Claar, Chairman of the No Committee on Mea- sure A, who asked him to come tonight and thank the people of this cOmmunity, on behalf of the Com- mission, for coming out and voting on this very important Measure A. He related: the results are not official, but it has been defeated; both sides felt strongly and honestly that their position was the right one and congratulated both sides; a picture should not be painted of gloom and doom because it was defeated and many people think there are great- er opportunities in the future for this City; it is time to put this behind us for the good of the City; etc. Mr. Jim Datzman, 932 Palm Ave., stated he indi- cated a few weeks ago the major problem the Mea- sure created was a difference of opinion amongst friends. He stated the public gave a message on the cardrooms, which he respected and hopes we can move ahead. He stated that brings the City back to an unfinished item: he became involved because the budget re- moved nine positions and the City work force was reduced 40 full-time positions; employees at all levels were advised they are not going to be provid- ed a cost of living increase; there is a need to come 9/13/95 Page 2 AGENDA -aRAL COMMUNICATIONS COMMUNITY FORUM 0NSENT CALENDAR 1. Motion to confirm expense claims of 9/13/95. Resolution authorizing the filing of a grant application to the National Institute for Literacy for planning and,, research in the amount of $50,000. .fro x. A RESOLUTION AUTHORIZING THE SUBMIT- TAL OF A GRANT APPLICATION FOR LITERA- CY PLANNING FOR THE LIBRARY'S PROJECT READ PROGRAM AND APPROVING BUDGET AMENDMENT NO. 1 TO THE 1995-1996 OPER- ATING BUDGET Resolution authorizing approval of the Confidential Group as a Representation Unit. A RESOLUTION AUTHORIZING APPROVAL OF THE CONFIDENTIAL GROUP AS A REPRESEN- TATION UNIT Resolution approving a contract amendment to the contract with Meyers, Nave, Riback, Silver and Wilson regarding City Attorney services. ,.qR. '7 2. ACTION TAKEN . 296 ORAL COMMUNICATIONS forward and provide a realistic plan for the status quo is not sufficient to maintain a status quo; what is the plan to provide for the future economic stability - which no one has provided through today's date and wants that put to the candidates in November. COMMUNITY FORUM Mayor Yee stated that the outcome of the election pleased him, because he took a position against the Measure. He wanted to thank Council as a whole for allowing the election to take place without the Council action to not have an election. He recog- nizes that in any election someone is going to win and lose, and he did not know he would prevail on his position, but regardless life goes on. We have to move forward, we are here to serve the community, encourage a developer to develop the site and he was sure the Council and staff will make sure it happens. He also thanked everyone who got out and voted and he believed it was a good turnout. CONSENT CALENDAR Approved in the amount of $4,587,704.78. RESOLUTION NO. 89-95 Removed from the Consent Calendar for discussion by Mayor Yee. 9/13/95 Page 3 ~ENDA ACTIQN TAKEN --~-ONSENT CALENDAR Resolution- Continued. A RESOLUTION APPROVING A CONTRACT AMENDMENT TO THE CONTRACT WITH MEYERS, NAVE, RIBACK, SILVER AND WIL- SON REGARDING CITY ATrORNEY SERVICES Resolution accepting the dedication of a 15' wide storm drainage easement as offered for public use on the Country Club Park No. 2-A Parcel Map. ~5-~ ~ O A RESOLUTION AUTHORIZING THE DEDICA- TION OF A STORM DRAINAGE EASEMENT ON THE COUNTRY CLUB PARK NO. 2-A PARCEL MAP Resolution authorizing the readvertising of the City Hall and Grand Avenue Library Drainage Pro- ject for construction bids. ~'~ ~ A RESOLUTION AUTHORIZING READVERTISING OF CONSTRUCTION BIDS FOR THE CITY HALL AND GRAND AVENUE LIBRARY DRAINAGE PROJECT Resolution authorizing the adding of the 1995-96 Street Resurfacing Program to the 1994-95 Capital Improvement Program and amending the Capital Im- provement Program budget by $364,000 and autho- rize the advertisement of bids. ~-~ ~ A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR THE 1994-1995 STREET RESURFACING PROGRAM AND AP- PROVING CIP-12 TO THE 1994-1995 CAPITAL IMPROVEMENT BUDGET FOR THE STREET RESURFACING PROGRAM - GELLERT BOULE- VARD (WESTBOROUGH BOULEVARD TO KING DRIVE AND SOUTH SPRUCE AVENUE (STARLITE STREET TO RAILROAD CROSSING) 8. Resolution of Intention to vacate Kauffi~iann Court and a contiguous 5' wide public utility easement and set 10/25/95 as a public hearing to consider the aban- -- donment request. ~'~9 A RESOLUTION OF INTENTION TO VACATE KAUFFMANN COURT AND ADJACENT FIVE CONSENT CALENDAR RESOLUTION NO. 90-95 RESOLUTION NO. 91-95 RESOLUTION NO. 92-95 RESOLUTION NO. 93-95 RESOLUTION NO. 94-95 2.97 9/13/95 Page 4 A~ENDA A~TION TAKEN '"~ONSENT CALENDAR Resolution of Intention - Continued. FOOT WIDE PUBLIC UTILITY EASEMENT Resolution of award of construction contract for removal of contaminated soil from Fire Station No. 4 to Accutite Environmental Engineering in the amount of $26,924.20 as the lowest responsible bidder. 3-t9 ~ A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH' SAN FRANCISCO AND ACCUTITE ENVIRON- MENTAL ENGINEERING FOR THE REMOVAL OF CONTAMINATED SOIL FROM FIRE STA- TION NO. 4 10. Resolution approving an amendment to the 1994-95 Capital Improvement Program to include $20,000 to restore the storm damaged slope on Junipero Serra Blvd. .5'O5~ .5'12-o A RESOLUTION APPROVING AMENDMENT 95- ~ 13 TO THE 1994-1995 CAPITAL IMPROVEMENT BUDGET TO RESTORE THE STORM DAMAGED SLOPE ON JUNIPERO SERRA BLVD. 11. Resolution of award of construction contract for the El Camino Storm Drain Line Replacement Project to Shaw Pipeline Inc. in the amount of $258,768.00 as the lowest responsible bidder. ,5-E> ~ O A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SHAW PIPELINE INC. FOR THE EL CAMINO STORM DRAIN LINE REPLACEMENT PROJECT 12. Resolution awarding purchase of a Type I Medium Duty Rescue ambulance to Wheeled Coach Industries in the amount of $139,995 as the lowest responsible.,/ bidder. 5-~ ~ A RESOLUTION AUTHORIZING AWARDING THE PURCHASE OF A TYPE 1 MEDIUM DUTY RESCUE AMBULANCE TO WHEELED COACH INDUSTRIES OF RANCHO CORDOVA CONSENT CALENDAR 298 RESOLUTION NO. 95-95 RESOLUTION NO. 96-95 RESOLUTION NO. 97-95 RESOLUTION NO. 98-95 M/S Teglia/Fernekes - To approve the Consent Calendar with the exception of Item No. 3. 9/13/95 Page 5 AGENDA A~TION TAKEN --~.ONSENT CALENDAR Resolution authorizing approval of the Confidential Group as a Representation Unit. /~- ~ A RESOLUTION AUTHORIZING APPROVAL OF THE CONFIDENTIAL GROUP AS A REPRESEN- TATION UNIT CONSENT CALENDAR 299 Carried by unanimous voice vote. Director of Personnel recited the history on this request for representation as a Unit: the application was submitted to the City Manager; on 8/9/95 it was brought to the Council for consideration; Council directed staff to bring it back to allow the Confidential group to be recognized as a separate unit. Mr. Terry White, Superintendent of Streets, stated he represented members of the Management/Confi- dential Group, it took a year to get this far and he was happy some members were being recognized. He felt the Confidential Group was dedicated and deserving, however, the Management Group should also be afforded recognition as a representation unit with rights to meet and confer at the bargaining table in good faith and deal with their employee's issues. City Manager Wilson stated there are no changes in the position he offered before. He has a history of sitting down with them and getting a fair package for their needs are similar to other employees. He indicated the base line position is balancing employ- ecs flexibility knowing the history of the City. Councilwoman Teglia stated she had a problem with the resolution and will vote against it, but she sup- ports separating units but has a problem with the treatment of this element of Management. She feels they should be afforded the same protections as the others and will make a motion that we approve the separation of the two groups and supports both being recognized whereas this resolution says the Man- agement Group will remain as it is which she could not support. City Manager Wilson stated that is a statement of existing circumstances, but if Councilwoman Teglia wanted to drop the last sentence and then, there would be a separate action which he was not rec- ommending. Mayor Yee stated Council could always take up the Management Group at a later time and take action tonight on the Confidential Group that is on the Agenda. 9/13/95 Page 6 AGENDA ACTION TAKEN 300 --mJBLIC HEARINGS 14. Public Hearing - To consider planned unit develop- ment to allow modifications to a retail and theater complex located in the P-C Planned Commercial Zone District including: A 300 seat, two theater expansion to the cinema for Century Plaza - Syufy Enterprises and Alioto Fish Co. Owners, 410-470 Noor Avenue, PUD-9542, and Negative Declaration No. 792; Conduct Public Hearing; Motion to approve Negative Declaration No. 792 and PUD-95-42 Op- tion A - continued from the 8/9/95 meeting..5'O$~/ PUBLIC HEARINGS M/S Drago/Fernekes - To adopt the Resolution. RESOLUTION NO. 99-95 Carried by majority voice vote, Councilwoman Teglia voted no. Mayor Yee opened the Public Hearing. Interim Director of Economic & Community Devel- opment Beyers gave the staff report: this item was continued from 8/9/95 meeting for the applicant to meet with the Council Subcommittee to resolve issues; main issue to the applicant is a proposed condition of approval which allows the City to re- quire removal of theater seats if the parking man- agement plan fails to provide adequate mitigation and the parking problem persists; he described the present parking and shortage of spaces to what the ordinance requires; the parking management plan is incomplete and does not provide workable solu- tions to parking on the site; parking demand analy- sis; the applicant believes the parking is sufficient to accommodate 90% of all the Saturday, on-site and off-site parking and will only exceed that figure five times a year; etc. Discussion followed: property directly behind the theater is not all dedicated to parking, but is for future expansion; Parcel A in the 1988 amendment was reserved for future expansion if the parking was provided on-site or elsewhere. Attorney George Corey stated he had been here nine times on this item and had requested that the plan be paid for by the City. City Manager Wilson stated the Plan was a Planning Commission request not the Council's. Attorney Corey stated this was a form of how the parking management plan would look on the Project. He related: they added 61 spaces; there has never been an operation on this project that has been on- going for the parking in five years; Pay'N'Pack was on the site, went out and, since then, no one has occupied the site except the theater; City received almost $200,000 in sales tax from the projects; in order to make that work we have to satisfy each of 9/13/95 Page 7 AGENDA A~TION TAKEN --~UBLIC HEARINGS Public Hearing - Continued. 9/13/95 Page 8 PUBLIC HEARINGS the projects because of the litigation involved; under agreement, if either party is not satisfied they can withdraw; the time factor is another problem if the matter goes back to Court we are talking about two or three years before the property can be used; every time the Council has had this item before it it has been on a reduced scale; parking will always be tight; the plan was put together without their knowl- edge and input; etc. Ms. Jan Bereson, Barton, Ashton Assoc. in San Jose, stated they had developed the parking demand analysis and were trying to work on the parking management. She related: there are parking analy- sis that show parking is going to be sufficient; park- ing was going to be on A and B and a plan was needed to direct the patron to the available spaces. Mr. Corey stated he does not believe that the Park- ing Management Plan was part of the application before Council. The City's consultants recognized that the parking was not in a place that the people would look, because they want the closest parking and this was to show them where the parking is through the Plan. Mayor Yee suggested, deal with the key issue on parking requirements, other items and the parking management plan; deal with the major issue recom- mended by the Planning Commission. Discussion followed: staff is not happy with the plan and Mr. Corey should not convince Council it is good; this is not a question of a mom and pop place but a multi-million dollar corporation with enough land to come up with a solution; the only difference that exists between the applicant and staff is how many seats will be allowed to be removed; in spite of feelings to the contrary and staff's 675 seats will not work for the applicant for it is not feasible to have more than 500 seats removed; the Planning Commission did not see the 375 seat number; etc. Attorney Steve Atkinson stated he represented Ali°to who is the owner of Pay'N'Paek building which has been vacant over three years which has caused a hardship as a result of a condition prior to his Client's ownership. His Client fully supports the application and the condition and modifications A~ENDA ACTION T A_K_E N30Z - "~UBLIC HEARINGS · . Public Hearing - Continued. ouncilman Penna Returned to the Meeting at 9:05 p.m. PUBLIC HEARINGS suggested by Mr. Corey and to remove 300 seats provided that is an adequate cushion to the City. He stated the site was a problem for them because they could not lease the property, but could ff this appli- cation is approved and would produce substantial sales tax; the applicant cannot compare the parking problems in the past with the present; the applicant has several hundred more spaces and they have to save a number of spaces for retail for the site; a favorable decision by the Council will enable all of the parties to resolve this litigation; staff recommen- dations on the parking; etc. Mr. Lou Poletti, Poletti Realty, stated for the last 30 years he had dealt with leasing an industrial building and commercial property. When he was first asked to take the listing by Frank Alioto, Sr., he read through the conditions and was amazed with the hours and said there is no way it can work. He talked to some of the Council and they were excited that the building could be leased and the area cleaned up. He related: he proceeded to try to get the presentation released; he did, and Syufy compro- mised the parking needed for a commercial enter- prise; there are only two parties involved and no encroachments without the proper easements; in his opinion the commercial is representable, not perfect, but is workable and everyone can work with it. Discussion followed: 675 seats came from the 1988 amendment which allowed 675 seats to be added and a condition that they can be removed based on moni- toring and police reports and with the new applica- tion they are adding 300 seats; City Attorney Mattas stated the 675 seats were added without authoriza- tion prior to 1988; when the City discovered that it led to the 1988 use permit that allowed the 675 seats to remain there and imposed the condition that we can order the removal; it also necessitated the 150 spaces across the street for the Tanforan Assoc.; if there are parking problems the City could order the 675 seats removed; Mr. Corey and staff had nar- rowed down the seats to be removed to 375 seats and believe 675 is not workable; if the ten days of parking overflow is exceeded Council can consider reducing the seats; if there are problems with the theater patronage or with the parking management plan, 675 seats can be removed; there are 761 spaces for peak hours which includes 150 parking 9/13/95 Page 9 AGENDA A~TION TAKEN "aaUBLIC HEARINGS · . Public Hearing - Continued. 9/13/95 Page 10 303 PUBLIC HEARINGS spaces across the street; the Code requires; this is 220 spaces under Code and if the City removes 300 seats that is the higher ratio from the traffic consul- rant; Mr. Corey's clients are in agreement with the conditions except for the removal of the 675 seats; etc. Mayor Yee closed the Public Hearing. Discussion followed: hours of operation; the num- ber of seats were greatly inflated; they were notified there was a violation; there was a theater use and they found ability to bid for time, the City allowed them to put the seats back in and to pave the parking lot behind; the client also owns the piece of land on E1 Camino they have done nothing with, but agreed to our using their back lot and ended up doing a convoluted thing and it has not worked out well; the retail store was one of the most profitable, but it was mismanaged and gave back nothing to the City; the theater owners were the original owners of the property; Council has not seen figures on under- ground parking; there is a sunset clause to deal with; the applicants are not interested in a garage; City Attorney stated the City is a named party for declar- atory relief purposes and the parties are naming each other for damages; the Aliotos are seeking relief in not being held to the conditions of the 1988 Amend- ment with the restrictions on hours of operation; if the Council rules they are not bound by that issue, then they have a situation where the applicants may have to individually come back for the approvals because the approvals would be invalidated; they have a building out there that is vacant and will not be filled because of the conditions; if it was money for the General Fund it could be taken by eminent domain; if the plan calls for officers then the police have some conditions of enforcement; the police only had one day to review this application from Attorney Corey and had told him they wanted to discuss this rather than look at a design; security people the theater would hire; it has not been deter- mined which staff member would be responsible for this because this conceptual plan was envisioned after the approvals; there is an agreement between the parties that includes the hours of operation; any subsequent City Council can amend the agree- ment; if the language was changed to "shall" it would not change the net affect; is there a sunset AGENDA A~TION TAKEN 304 PUBLIC HEARINGS [. Public Hearing - Continued. 13. Public Hearing - Zoning Text Amendment ZA-95-91 related to establishing findings of approval and to enable the Planning Commission to establish design guidelines; Conduct Public Hearing; Motion to waive reading and introduce the ordinance. ,5'0 ~] AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 20.84 - PLANNED UNIT DEVELOPMENT PER- MIT PROCEDURE - OF THE SOUTH SAN PUBLIC HEARINGS clause for Attorney Corey said he could live with it if he got the 300 additional seats; Planning Commis- sion position was 975 and staff was 675; there should not be a sunset included; etc. Mayor Yee closed the Public Hearing. Motion by Councilwoman Teglia - To deny the application. Motion died for lack of a Second. Motion by Vice Mayor Drago - To approve Negative Declaration No. 792, to approve PUD No. 95-42 with Option A and designate 675 seats that can be removed as the cap. City Attorney Mattas asked if the applicant will withdraw the application. Attorney Corey stated he will not make that decision now for if one withdraws, they go back to Court. City Attorney Mattas asked, with the consent of the Motion maker, to use the Motion in place and indi- cate if either of the applicants withdraw that approv- al the application will be void and not change the current land use. M/S Drago/Penna - The above be inserted into the Motion. City Attorney Mattas described the requirements of the Parking Management Plan and stated if it does not work the City can pull the 675 seats. Carried by majority roll call vote, Councilwoman Teglia voted no. This item was continued. 9/13/95 Page 11 AGENDA A~TION TAKEN PUBLIC HEARINGS Public Hearing - Continued. FRANCISCO MUNICIPAL CODE RELATED TO ADDING FINDINGS OF APPROVAL, ENABLING THE PLANNING COMMISSION TO ESTABLISH DESIGN GUIDELINES ADMINISTRATIVE BUSINESS 15. Resolution approving an exclusive negotiating rights agreement related to the proposed Shearwater De- velopment City-owned property along Oyster Point Blvd. 5 ! 5' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCLUSIVE NE- GOTIATING RIGHTS AGREEMENT RELATED TO THE PROPOSED SHEARWATER DEVELOP- MENT 16. Motion to accept the Capacity Study (Task Order No. 1), re. solution authorizing John Carollo Engineers to proceed with Task Order No. 2, and a resolution approving Amendment 95-14 to the 1994-1995 Capi- tal Improvement. .5-'a~ ~ 7 A RESOLUTION AUTHORIZING JOHN CAROLLO ENGINEERS TO PROCEED WITH TASK ORDER NO. 2 RELATED TO PREPARA- TION OF A FEASIBILITY STUDY FOR UP- GRADING THE WATER QUALITY CONTROL PLANT FACILITY AND EXPANDING THE CA- PACITY OF SAID FACILITY A RESOLUTION APPROVING AMENDMENT 95- 14 TO THE 1994-1995 CAPITAL IMPROVEMENT BUDGET APPROPRIATING $689,000 IN SEWER ENTERPRISE FUNDS TO THE CAPITAL IM- PROVEMENT PROGRAM, SEWER FUND PRO- JECTS FOR PREPARATION OF A FEASIBILITY STUDY FOR WATER QUALITY CONTROL PLANT IMPROVEMENTS PUBLIC HEARINGS 305 ADMINISTRATIVE BUSINESS Item No. 15 was removed from the Agenda. Discussion followed: Mayor Yee questioned if No. 7 needed to go out to bid; yes, for the construction, but for the design, staff will use Corolla because they had that in the original because of the comple- tion of Task Force One; it may be necessary to go into a change order for the engineering; we will go out to bid when we have the specs; staff will be working with Water Quality every step of the way; Vice Mayor Drago was comfortable with this and had served on the Committee and wants to identify the problem, do a quick fix and then come out with a long term solution; the City has no choice in following the State mandates; the Vice Mayor feels the $700,000 is the tip of the iceberg and recom- mended the Council adopt the report; the end of the road is the expansion of plant _ and at what cost, $10 to $15 million that needs to be raised with sewer charges; because the City is creating new capacity it can charge a development fee; second is rate basing, it becomes a cost of the system and is spread across the system; the Plant expansion had been raised during discussions of the East of 101 and we learned we did not have the capacity and it would impact sewer fees, because new development would impact the system; etc. Mr. Manny Madriaga stated he became aware of the study when staff and the City Manager gave Council candidates a briefing and he commended 9/13/95 Page 12 AGENDA ACIIQN TAKEN 306 ADMINISTRATIVE BUSINESS 5. Motion and Resolutions - Continued. !7. Request for a fee waiver for a use permit from the Concerned Citizens for Better Education. .~O g A RESOLUTION APPROVING A FEE WAIVER FOR CONCERNED CITIZENS FOR BETrER ADMINISTRATIVE BUSINESS them for the information given. He has since talked to the Acting City Engineer and discussed Study Task Number 1 and 2 which does not cover the Westborough community. He stated he was here to make a case for Westborough's inclusion. He spoke at length on: there will be some capital costs; it has to include the discharge to the bay; he urged the Council to include Westborough in the study; the City Engineer told him it would cost $5,000 to 10,000 extra a month; he believes there will be substantial savings in the merger and people in Westborough will feel they are part of this project; etc. Councilwoman Teglia asked if Mr. Madriaga was speaking for himself or the District. Mr. Madriaga stated he was speaking for himself. Councilwoman Teglia stated Mr. Madriaga would be better off speaking to the members of the Water District who represents Westborough as an elected Body and the City has no jurisdiction. She gave background information on the Water District and how early on Westborough residents chose to get their water from Daly City rather than S.S.F. Discussion followed: the resident's recollections were quiet different than Councilwoman Teglia's; a letter had been brought to the District's Board to use S.S.F. water and should be part of their minutes; etC. M/S Penna/Drago - To accept the study and to adopt the two Resolutions. RESOLUTION NO. 100-95 RESOLUTION NO. 101-95 Carried by unanimous voice vote. Vice Mayor Drago questioned how were the orga- nization and the Board of Directors selected and why the bingo games have operated illegally since before 1995. 9/13/95 Page 13 AGENDA A~!!Q~ TAKEN ADMINISTRATIVE BUSINESS 7. Request for fee waiver - Continued. EDUCATION 9/13/95 Page 14 307 ADMINISTRATIVE BUSINESS Ms. Maria D'Alessandro stated she was appointed by another person on the Board and became in- volved only last year. She stated from what she remembered the CCBE was formed by a group of mothers that were concerned the school was drop- ping the music program and Shirley Hoch was not involved. After a year the mothers contacted Shir- ley Hoeh, Shirley took over the Foundation and worked free for 8 months until the program became successful and after that she became a paid employ- ce. She found out there was no conflict of interest at the time. Councilman Drago questioned why it took so long for someone to apply for a use permit. The City had a complaint for six months, and why the City al- lowed the impact of the street on Del Monte and apparently some one found out they were operating without a use permit. He thought it was a noble cause then he found out how much money was put into the schools. What was the gross revenue this past year in bingo. Ms. D'Alessandro did not know. Vice Mayor Drago related: the numbers he got were $180,000 and the overhead was $172,000, so the organization was actually netting 5 % of all of the money being taken in and when he looked at another he found they grossed $1,000,000 a year. Then he started to go to All Souls, who net 50% and Saint Veronica's, they net 60%. If they are only at that margin, why are they in business and then he asked why such a big overhead with salaries and employees. He attended a public meeting in his neighborhood where there is great concern with the Red School House relocation and the neighborhoods were upset and he found out a woman who operates the school is being forced out because the rent was raised to almost $50,000. He asked how much did the bingo game pay in rent. Ms. D'Alessandro stated they were renting it for $3,000 a month and she thought they could sublet the space when they were not using it, but that didn't happen, so we requested the District reduce our rent and it was granted. AGENDA _ACT!QN TAKEN 308 ADMINISTRATIVE BUSINESS ?. Request for fee waiver - Continued. 18. Terrabay status update, and Motion to approve a master grading and construction schedule. ,6"0 ~ ~ ADMINISTRATIVE BUSINESS Vice Mayor Drago stated this bothered him, things were not right, because if they were paying rent they would be losing money with 15% more over- head. So, he was upset with waiving this money. Mayor Yee did not feel this conversation was fair with Ms. Hoeh not present. He asked to postpone it to the next meeting and she can defend it. Discussion followed: the Council does not have any control on the number of people that show up, but last year the organization gave $20,000 to the School District; number of members on the Board; 11 members that are volunteers and not paid a sala- ry; except for the Executive Director who gets $54,000 a year; she is no longer a paid employee; Councilman Fernekes heard that the organization owes the School District back rent; Councilwoman Teglia thought it was $40,000; the Board is the responsible agent; Assistant City Manager Martel through the City Manager's Secretary had informed Ms. Hoch this was on the Agenda; Vice Mayor Drago stated Council was being asked to waive the use permit fee and perhaps we could consider if we even want to issue a bingo game there and if we don't, this is immaterial; Councilman Penna knows the residents are concerned about the traffic; he also knows they exist in the churches and Girls and Boys Clubs that have their own facility and this is putting traffic into a residential area; why then, for 18 months, did the bingo games exist without a use permit being requested and there were eom- plaints; if they have paid staff, then they can pay the permit fees; Tuesday nights and Saturday afternoon are bingo games; the organization is advertising quite a bit, yet that was a denial for a sports clinic; a use permit has never been granted for the bingo games; etc. M/S Teglia/Fernekes - To deny the waiver of fee. Carried by majority voice vote, Mayor Yee voted no and felt Ms. Hoch should be here to defend herself. Interim Director of Economic & Community Devel- opment Beyer related the staff report: buildout schedule; there is a construction schedule for the entire schedule; etc. 9/13/95 Page 15 AGENDA ACTION TAKEN -. 309 ADMINISTRATIVE BUSINESS g. Terrabay status update - Continued. GOOD AND WELFARE 9/13/95 Page 16 ADMINISTRATIVE BUSINESS Interim Director of Public Works Towne described the slide area: line item 24 shows D as a deep land slide; Developer has developed a plan and the new owner hired a consultant who developed remedial slope stability action; will remove 10-20' and install K-ways; etc. Discussion followed: Developer hired Interstate to start winterization; Mr. Breen has contractual rela- tionships with the Trade Council; concern about prevailing wage and the trades, does Mr. Breen of Sterling have anything in writing; there is a potential anti trust and they do not have a builder signed up; is that a true issue; there is recent case law; administrative draft of EIR will be ready next week. M/S Penna/Drago - To approve the Master Grading and Construction schedule. Carried by unanimous voice vote. Councilman Penna related: he witnessed the degen- eration of the higher downtown parking require- ments; staff should research going back to 40 units to the acre and one car space to provide for housing between Spruce Ave. and Airport Blvd. Councilwoman Teglia is totally opposed and feels this leads to blighting and density in the downtown and is not a beautiful thing. Mayor Yee wants fundamental information to ad- dress this. Councilmembers Teglia and Fernekes are opposed to the density. M/S Drago/Fernekes - To continue Item No. 13 to the next meeting. Carried by unanimous voice vote. GOOD AND WELFARE Mr. Jake Jones related: he was glad Terrabay was coming on board; there were a couple of candidates that supported No on Measure A, yet there are people he knows in Sunshine Gardens that are out of work. ACTION TAKEN ADJOURNMENT: M/S Penna/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 11:45 p.m. RESPECTFULLY SUBMITrED, APPROVED. Barbara A. Battaya, City Clerl~ City of South San Francisco Robert Yee, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council t~ 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. 9/13/95 Page 17