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HomeMy WebLinkAboutMinutes 1990-10-10 Mayor Richard A. Haffey Council: Jack Drago Gus Nicolopulos John R. Penna ~mtoberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room October 10, 1990 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 lOth day of October 1990, at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Closed Session for the purpose of the discussion of personnel mat- ters, labor relations, property negotiations and litigation. Dated: October 4, 1990 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. Councilman Penna Arrived: Councilman Penna Left the Closed Session: RECALL TO ORDER: ADJOURNMENT: ACTION TAKEN 6:14 p.m. Mayor Haffey presiding. Council present: Council absent: Dra9o, Nicolopulos, Teglia, and Haffey. Penna. Council adjourned to a Closed Session at 6:14 p.m. to discuss personnel matters, and property negotiations as noticed. Councilman Penna arrived at 6:16 p.m. Councilman Penna left the Closed Session at 7:10 p.m. Mayor Haffey recalled the meeting to order at 7:25 p.m., all Councilmembers present, no action was taken. M/S Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:26 p.m. 10/10/90 Page i --"RESPECTFULLY SUBMITTED, ~taya, C~ City of South San Francisco APPROVE~ J-- 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. 10/10/90 Page 2 Mayor Richard A. Haffey Council: Jack Drago Gus Nicolopulos John R. Penna ~Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS A Resolution In Memory of Augustine A.~jot Terragno .Proclamation - Red Ribbon Week, October 21-28, 1990 AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room October 10, 1990 ACTION TAKEN 7:50 p.m. Mayor Haffey presiding. Council present: Council absent: Drago, Nicolopulos, Penna, Teglia, and Haffey. None. The pledge was recited. Rev. Golden, Our Redeemer's Lutheran Church, gave the invocation. PRESENTATIONS Councilman Nicolopulos read the com- mending Resolution aloud and presented it to Mr. Terragno's grandson, Police Officer Bob Collins. Councilwoman Teglia read the Proclamation aloud and presented it to Red Ribbon Committee Member Dick Noftsger. AGENDA REVIEW City Manager Armas stated that there were no modifications to the Agenda. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Councilman Nicolopulos spoke of a letter from E1Camino High Close Up Club that requested financial support for their 2/17/91 trip. He stated that there would be a dinner on 11/16/90 and a first annual trivia contest, and the Club wanted the City to sponsor a team. He suggested that he and Mayor Haffey each pay $10.00 and represent the City in the competition. 10/10/90 Page I AGENDA ACTION TAKEN "-COMMUNITY FORUM CONSENT CALENDAR Motion to approve the Minutes of the Special Meeting of 9/19/90, Regular Meeting of 9/19/90; and Adjourned Regular Meeting of 9/26/90, and Regular Meeting of 9/26/90. 2. Motion to confirm expense claims of 10/10/90. Resolution authorizing an Agreement for a dependent care plan with Athens Benefits Insurance Services, Inc.; and a Resolution approving a budget amendment. A RESOLUTION APPROVING AND AUTHOR- IZING THE EXECUTION OF AGREEMENTS FOR A DEPENDENT CARE PLAN WITH ATHENS BENEFITS INSURANCE SERVICES, INC. AND C.E. NELSON ADMINISTRATORS A RESOLUTION APPROVING BUDGET AMENDMENT 90-4 TO THE 1990-1991 OPERATING BUDGET o Resolution approving budget recom- mendations of the Citizens Review Committee for the Downtown Commercial Rehabilitation Program. A RESOLUTION APPROVING RECOMMEN- DATIONS FOR THE DOWNTOWN COMMERCIAL REHABILITATION PROGRAM -'- 5. Resolution awarding the Winston Manor III and V Park Rehabilitation COMMUNITY FORUM Mayor Haffey stated that the City contri- butes $25.00 per student yearly for this program for all schools, however, he would join Councilman Nicolopulos in the trivia game. Councilwoman Teglia stated that .the City also allowed the use of City facilities for a fund raiser such as this. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Nicolopulos. Removed from the Consent Calendar for discussion by Councilman Penna. RESOLUTION NO. 142-90 RESOLUTION NO. 143-90 Removed from the Consent Calendar for discussion by Councilwoman Teglia. Removed from the Consent Calendar for discussion by Councilwoman Teglia. 10/10/90 Page 2 AGENDA ACTION TAKEN ..... CONSENT CALENDAR 5. Resolution - Continued. contract to Interstate Grading and Paving, Inc. in the amount of $52,450.30 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT (WINSTON MANOR PARK III AND V PARK REHABILITATION) e Resolution awarding the custodial paper supplies contract to Zellerbach Paper Co. in the amount $26,154.15 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT (CUSTODIAL PAPER SUPPLIES) 0 Motion to adopt two ordinances: a) on the Prima Facie Speed Limit, and b) on Noise Regulations. a) b) AN ORDINANCE AMENDING SECTION 11.68.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE DECLARING THE PRIMA FACIE SPEED LIMIT AN ORDINANCE ADDING CHAPTER 8.32 ENTITLED "NOISE REGULATIONS" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE e Resolution approving job specifi- cations for an Emergency Medical Services (EMS) Coordinator. A RESOLUTION AMENDING THE SOUTH SAN FRANCISCO EMPLOYEE CLASSIFICATION PLAN TO ESTABLISH THE POSITION OF EMERGENCY MEDICAL SERVICES (EMS) COORDINATOR AND DELETE THE POSITION OF PARAMEDIC CAPTAIN e Motion to approve the issuance of a Request for Proposal for a Basic Life Support Ambulance Service. CONSENT CALENDAR RESOLUTION NO. 144-90 ORDINANCE NO. 1087-90 ORDINANCE NO. 1088-90 RESOLUTION NO. 145-90 c, Approved. 10/10/90 Page 3 AGENDA ACTION TAKEN --CONSENT CALENDAR Motion to approve the Minutes of the Special Meeting of 9/19/90, Regular Meeting of 9/19/90; and Adjourned Regular Meeting of 9/26/90, and Regular Meeting of 9/26/90. ;qo q CONSENT CALENDAR M/S Teglia/Penna - To approve the Consent Calendar with the exception of Items No. 1, 2, 4 and 5. Carried by unanimous voice vote. Councilman Nicolopulos stated that he realized that the minutes were exten- sive and were transcribed by the Clerk - which sometimes she summarized. He stated that the 9/26/90 minutes, page 4 to 6 on the Conference Center, wherein she paraphrased what he had said. He stated that he would like to include some specifics: "I have serious apprehensions and painful frustrations in leaving a legacy of 45 years full of lease receipts to my successors; I am wondering if pursuing a better cost benefit analyses option is worth addressing at this time." He stated that he realized that he was not specific, but wanted that in the meeting so he could have an opportunity tonight to elaborate on that when we come on to that item again. He stated that he would like the minutes to reflect that he did say he was wondering if pursuing a better cost benefit analysis is worth it, and then be more definitive with that. He had also said, "within this timeI have reached a point of almost no return with the --- and I wanted to include some options." He stated that that was the area he wanted included. He stated that he had felt on Wednesday that the way things were going he wanted to ask the Council if they wanted to proceed and sell their option -- however, he did not describe what it was, and that was proper, but he wanted an opportunity to be more specific. He wanted the minutes to reflect that he did say it, so he could say it tonight. He stated that in conclusion it was paraphrased well because we said a lot of things and the recording was good -- page 10/10/90 Page 4 A G E N D A A C T I 0 N T A K E N L~' ,~ ti TM~ Approval of Minutes - Continued. 6, normally we would come to some deduc- tion or conclusion on what we decided. He stated that now, it was not reflected in the minutes, and wondered if someone remembers what the determination was after the conclusion of all that talk, because it doesn't reflect it. City Clerk Battaya stated that there had not been a consensus, nor a Motion, so therefore she could not reflect in the minutes that the Council took action unless they did. Councilwoman Teglia stated that what was indicated early on in the discussion was that the Council would not in fact vote on that item or those items that night, and they would be held over. She stated that the Conference Board had a meeting the next day and Council concerns had been brought up, and Council would, in the next two weeks attempt to get answers to the questions being raised and it would be back on the Agenda in two weeks. City Clerk Battaya remembered that she had quoted the Mayor in the minutes as saying that the two items would be con- tinued. Mayor Haffey confirmed the Clerk's recollection. Vice Mayor Drago stated that he had reconfirmed that right at the outset when the Mayor had said that the two items pertaining to the Conference Center would be continued. He stated that minutes are minutes - they are really not transcripts. He suggested that in an issue like this that the City Clerk go back and review the video/audio tapes, and maybe put that particular paragraph verbatim in the insert, then there would be no question about that paragraph. He reiterated that minutes were minutes, and you have to summarize them because it was difficult to have everything. He stated that as long as 10/10/90 Page 5 AGENDA ACTION TAKEN 1. Approval of Minutes - Continued. the intent was there he did not worry about specific words. He suggested that the Clerk do the inserts on what we are saying tonight. Councilman Nicolopulos questioned, that after it was continued for two weeks -- what then was the direction tonight. Mayor Haffey stated that it would be discussed when it came up on the Agenda. Councilman Penna stated that on page 4 of the last meeting, Vice Mayor Drago had suggested being prudent in holding back redevelopment monies relevant to legal fees for the downtown redevelopment. He stated that Council had passed this, and questioned if it meant that Council did not have to request funds be held up at each meeting pending the decision on the redevelopment lawsuit. He questioned if this was a formal Motion now that would automatically pull all legal fees until the issue is resolved. City Manager Armas gave his recollection: he remembered the conversation not really being around legal fees --- it was around incurring expenses for work associated with the redevelopment project; obviously to the extent that we are defending our- selves as it pertains to that lawsuit. He continued, we indicated that the expenses that appeared that evening per- tained to defense of that project. He stated that it was his understanding that the intent was not to incur additional expenses unrelated to the defense of the case. Councilman Penna stated that the minutes specifically speak to legal fees, and he would hope that the Council could with- hold the payment of any legal fees pending the outcome of our redevelopment suit and the appeal of it to the legal firm that served as our outside counsel on this. Vice Mayor Drago suggested that the 10/10/90 Page 6 A G E N D A A C T I 0 N T A K E N e Approval of Minutes - Continued. Motion to confirm expense claims of 10/10/90. Council hold up any new expense commit- ments that may be associated with the proposed redevelopment area - the down- town central redevelopment area until the lawsuit was settled, and Council received a firm nod from staff that that was hap- pening. He continued, it could be sidewalk repairs -- whatever monies that we were going to encumber against the new proposed redevelopment area should not be committed. Mayor Haffey questioned if the Vice Mayor agreed with the minutes before Council for approval. Vice Mayor Drago stated that he agreed with the intent, and that night he could have said legal - but no new expense commitments on that Agency until we find out that an area actually exists. Councilwoman Teglia did not remember the discussion indicating that the Council should not pay any bills that we have accrued with firms to represent us -- which she believed was being said on this side, and she wanted to know that is not what is going to appear and what every- body thinks we are doing. She suggested to the Clerk that the word legal fees might be massaged a little bit in terms of correcting these minutes. M/S Nicolopulos/Teglia - To approve the Minutes of the Special Meeting of 9/19/90, Regular Meeting of 9/19/90; and Adjourned Regular Meeting of 9/26/90; and Regular Meeting of 9/26/90. Carried by unanimous voice vote. Councilman Penna questioned the bill on page 20 from an architectural firm for hotel connections, and stated that it was his understanding that this was dropped some time ago. Counciwoman Teglia stated it was a month ago. City Manager Armas spoke of the need to be able to segregate charges, and stated 10/10/90 Page 7 AGENDA ACTION TAKEN 2. Motion - Continued. e Resolution approving budget recom- mendations of the Citizens Review~o~ Committee for the Downtown Commercial Rehabilitation Program. A RESOLUTION APPROVING RECOMMEN- DATIONS FOR THE DOWNTOWN COMMERCIAL REHABILITATION PROGRAM the Board was examining this, but after deliberations had voted not to pursue that idea. Councilman Penna questioned if that would be in the minutes. Councilwoman Teglia stated that the idea was broached by City representatives because there were other conference cen- ters that have linkages to hotels that the Board had explored, flow through con- nections into hotels -- and had come to agreement that the expense was not worth it. M/S Teglia/Penna - To confirm the expense claims of 10/10/90 in the amount of $1,502,644.70. Carried by unanimous voice vote. Councilwoman Teglia questioned if any funds had been expended on behalf of Newberry's, in that they were no longer interested in the $15,000.00. CDBG Coordinator Roos stated that a few thousand dollars had been spent for architectural fees, however, it was the building owners not Newberry's that had a dispute and did not proceed with the project. Councilwoman Teglia stated that the City was trying to entice downtown owners to fix their buildings, yet the City lots looked awful. She questioned if some of the CDBG funds could be used for the lots on Baden and Miller, and requested it be investigated and a report be given to Council in the near future. She stated that South City Ford could use more work, and maybe these funds could be used as a carrot. Vice Mayor Drago suggested getting the owners to clean up their windows, awnings, and advertisements during negotiations. He stated that some of the signs were illegal and could be removed. 10/10/90 Page 8 AGENDA ACTION TAKEN --' 4. Resolution - Continued. Councilman Penna Left the Podium: Be Resolution awarding the Winston~m~v~° .Manor III and V Park Rehabilitation contract to Interstate Grading and Paving, Inc. in the amount of $52,450.30 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT (WINSTON MANOR PARK III AND V PARK REHABILITATION) He stated that he wanted Council to review the rating system, and felt that Airport Boulevard needed a lot of work, and was concerned that money was going in other areas. M/S Drago/Teglia - To adopt the Resolution. RESOLUTION NO. 146-90 Councilwoman Teglia stated that the Metropolitan Hotel had a $50,000 grant, a $80,000 loan, and these funds of $25,000, and wanted to make sure the work to be done would last. Councilman Penna left the podium at 8:26 p.m. CDBG Coordinator Roos stated that the Hotel was doing a lot of internal work, but was not using grant monies. Carried by unanimous voice vote, Councilman Penna was not in attendance. Discussion followed on the physical loca- tion of the project; that it was next to E1 Rancho School. Councilman Penna returned to the podium. Councilwoman Teglia expressed concern that planting and irrigation was not being done, and suggested not awarding the contract at this time until after the drought season. She suggested that the $5,000 be expended by the City as a com- mitment, but not to be spent now. Consensus of Council - On the fence repairs and the 30 daymaintenance. M/S Teglia/Drago - To adopt the Resolution, plus an additional $4,800.00 for planting. RESOLUTION NO. 147-90 Carried by unanimous voice vote. 10/10/90 Page 9 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 10. Motion to approve Agreement with ~o} No. Peninsula Family Alternatives to undertake The Families Project: Serving Youth At Risk. 11. Resolution to authorize amendment to lease for the Conference Center. A RESOLUTION AUTHORIZING AMENDMENTS TO THE LEASE AND LOAN AGREEMENT FOR 255 SOUTH AIRPORT BOULEVARD ADMINISTRATIVE BUSINESS Councilwoman Teglia stated that this was a result of Task Force work that resulted from the School Liaison Committee and a report made to the Council at budget time and there had been a request for a $10,000 reserve being set up for a potential project, and this was the flushing out of that project. She stated that she and Councilman Nicolopulos had met with the author and the City Manager, and had helped him to rewrite the document and would respond to any questions. Vice Mayor Drago questioned if the School District had put any funding into this program. Councilwoman Teglia stated that they had not, and proceeded to expound on the program. Mayor Haffey expressed his appreciation for the Subcommittee's work and enthus- iasm on this project. M/S Teglia/Nicolopulos - To award the alloted monies to this project. Carried by unanimous voice vote. City Manager Armas stated that the Council had discussed two items at the last meeting: one relating to the modi- fication of the conference center lease on So. Airport Blvd.; and the second related to the parking lot proposed to be leased on Grand and Gateway. He stated that this item only related to the So. Airport site, and not the other item. He reported in detail: that this had been presented back to the Conference Center Board for reevaluation the day following the Council meeting; that the Board felt it was beneficial to the City; that the lease adds a second option period of 15 years duration; it was to be 10/10/90 Page 10 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 11. Resolution - Continued. ~DMIN.I.S,TR~ATIVE BUSINE.SS pursued to afford the City an opportunity for lower interest rates to finance improvements to the Conference Center; the Board had reaffirmed their recommen- dation to go forward with the modifica- tion to the loan agreement; the Board wanted to meet with Council on the pro- ject forecasts on 11/7/90, etc. Mayor Haffey restated his understanding: that if the Council took action on this item it does not obligate the City to spend any additional money, and will actually save money by looking to financing with a lower interest rate. Discussion followed: what the prevailing interest rate would be on a 20 year bond vs. a 40 year bond; that had not been determined because they had not gone to market; that the 40 year period only related to remaining life of improvements and a 20 year period was being recommen- ded; the yield to the investor was greater because the tax consequences were less, and the interest paid is lower; write-offs on buildings and improvements to buildings; Councilman Penna continued questioning the City Manager extensively, and did not feel that the Council should approve the extension without knowing where it was going with the building, because maybe the building could not give the City what it wanted in capacity to compete on the peninsula; he was con- cerned about extending the lease on a site with little parking; that the parking lease was for a much shorter period than the conference center site, etc. Mayor Haffey stated that he had conveyed Council's concerns to the Board, and a joint meeting would be held on 11/7/90 to further address concerns. Councilman Nicolopulos expressed concern that the staff report recommended the City Manager execute the amendments - and 10/10/90 Page 11 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 11. Resolution - Continued. ADMINISTRATIVE BUSINESS the resolution said there was one amend- ment, he also understood there was an additional late report. City Manager Armas responded to Councilman Nicolopulos' concerns: there were two items continued from the last meeting - 15 year lease option on the lease, and the loan agreement modifica- tion to correct a procedural matter; and the parking lot lease did not come back tonight. Vice Mayor Drago made the following sta- tements: there is an existing lease tonight on the building at 255 So. Airport; if Council did nothing tonight, that still would be in existence for the next 20 years - a base of 20 and an option of 10 years; it has nothing to do with a bond issue whatsoever, other than when we go and review the bond proposals; this gives us an opportunity to gain, I assume, a lower interest on the bond or puts us into a different category because now the chance of losing an investment of millions of dollars in a building, the financial period should be over a greater period of time than we have now. He presented a scenario: putting $100,000 improvements into a house he did not own - and went to the bank for the money, and they asked how long he was going to stay there, what was the period of the lease; 20 years, if not why should they lend him money when there was no security to get their investment out. He stated that the City was only opening up an option to stay in the building if they wanted to. He stated that at the 11/7/90 meeting he hoped that all knowledgable parties would be present, such as bond counsel, finan- cial advisors, architects, and the real estate representative from that area would be there to answer these questions. He stated that he had had a problem with item 3 dealing with the parking lot, and 10/10/90 Page 12 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 11. Resolution - Continued. ADMINISTRATIVE BUSINESS felt that at this time it was too great a commitment to make based on the revenue projection coming into the hotel pool for the conference center. He stated that he would ask what options the Council had to break the lease, should the time come after November 7th where we see the financial commitment, the parking restrictions, the capacity of this building does not fit into our needs, and we write off what we hive spent this past year. Councilwoman Teglia stated that the building was leased for 20 years, and Council was only dealing with an option for flexibility and an opportunity to sell bonds for improvements we told the community we would do for Measure C. She spoke in detail on competing for hotel business through the conference center being built. She hoped that the City in 20 years was so successful with the conference center that it would build one for the whole County. She stated that this had been going on for a year, and it still would not be built for a year and the Council should fish or cut bait. M/S Drago/Teglia - To adopt the Resolution. RESOLUTION NO. 148-90 Discussion followed: discrepancy on the 40-45 year criteria; what the breathing room meant; Councilman Penna questioned why Council had to act on this tonight when there was a meeting on 11/7/90; Mayor Haffey felt there had been much discussion already; Councilman Penna had a problem with questions about parking/size of the facility/what the market was/project was to be $3 million, now talking about $8 million and he would vote against it. Councilman Nicolopulos reiterated his 10/10/90 Page 13 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 11. Resolution - Continued. ADMINISTRATIVE BUSINESS frustrations, and wanted to follow up specific options he had to toss out and hoped the Council would not approve this tonight. He stated that Measure C was predicated on the premise that there would be a facility for 1,500 people to compete with Burlingame and other cities, but it was discovered that this facility decreased that accommodation, and it was compounded by the parking. He felt that this was not the best cost benefit analy- sis for what we are getting, and we have 45 years to face that payment, and at the end we don't have the pink slip. He believed that the $3 million was now up to $6 million. City Manager Armas stated that the Council had a $3 million estimate before it a number of months ago, then staff came to Council and said it needed to expand the facility by 7,500 sq. ft. and the Council approved an additional $1 million for the project. Councilman Nico~opulos questioned: 1) where he had received the Sb.5 million figure; 2) what obligation the City had with the ~ease; 3) how difficult would it be to get out of the lease. He stated that the 45 year lease could cost Sb~ million. City Manager Armas responded: 1) perhaps from the architect; 2) $25,000 a month for a 20 year period would equal $~ million, and $40 million was being pro- jected in revenues; that Councilman Penna had projected rough figures at the last meeting; 3) that Vice Mayor Drago had asked staff to look into the information on breaking the lease; and the Council could sublease the property. Mayor Haffey requested that Councilman Nicolopulos not cross examine the Manager, and called for a roll call vote of the City Clerk. 10/10/90 Page 14 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 11. Resolution - Continued. 12. Resolution authorizing an Agreement between the City and the San Mateo Harbor District concerning the Oyster Point Marina/Park Maintenance and Lifeguard Services. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR MAINTENANCE AND LIFEGUARD SERVICES (OYSTER POINT/~ MARINA/PARK) ~ ADMINISTRATIVE BUSINESS Councilman Nicolopulos stated that this was improper - the Mayor has not given him an opportunity to say something, and has cut him off and will pay for it because it affects the City's business. Vice Mayor Drago questioned parliamentary procedure wherein the Mayor could cut off a Councilmember. Asst. CityAttorney Ewing stated that yes, the Mayor is the Chair of the Body -- he runs the Body. Carried by majority voice vote, Councilmembers Nicolopulos and Penna voted no. Councilman Nicolopulos stated that he had been denied his say so to the public on a matter that would financially affect this City, and he had been cut off by the Mayor -- and he was offended in that he had been denied due process by the Mayor's authority. Director of Recreation & Community Services Jewell presented the staff report and chronicled the reciprocal services. Discussion followed: the lifeguard ser- vices; reimbursement of mowing was equal to the District paying for the lifeguard; Harbor District receives all revenue - why don't they pay for it all; Harbor District had added a beach and a shower facility which were amenities good for the community, etc. M/S Teglia/Drago - To adopt the Resolution, and if improvements are not made by 5/24/91 - wanted Council notified so they can rescind. RESOLUTION NO. 149-90 Vice Mayor Drago wanted staff to review the lease, as to when it reverts back to 10/10/90 Page 15 AGENDA ACTION TAKEN ~ADMINISTRATIVE BUSINESS 12. Resolution - Continued. 13. Motion to adopt an ordinance on ~a~o Design Review Procedures. AN ORDINANCE AMENDING CHAPTER 20.85 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO DESIGN REVIEW PROCEDURES PUBLIC HEARINGS 14. Public Hearing - Appeal of ~ra~ UP-90-876/Combat City, 654 Dubuque Ave., establishing an indoor recreation facility consisting of a paint war action pursuit game in a multi-tenant building; Conduct Public hearing; Motion to deny the appeal and uphold the decision of the Planning Commission subject to the conditions and findings of approval. ADMINISTRATIVE BUSINESS the City, and how to get out of the lease. City Manager Armas stated that the lease ran to 2025 or in that time period. Carried by unanimous voice vote. M/S Teglia/Nicolopulos - To adopt the ordinance. ORDINANCE NO. 1089-90 Carried by majority roll call vote, Councilmembers Drago and Penna voted no. PUBLIC HEARINGS Mayor Haffey opened the Public Hearing. Director of Planning Smith read the staff report. Mayor Haffey made mention of a letter in opposition to the opening of this busi- ness by Mildred Peterson, Irma Anderson, and Genevieve Christine. Mr. Richard Neely, 801 Miller Ave., felt it was wrong for a person to become a target, and felt it was a drastic example of violence and a lack of safety. Ms. Cynthia Garcia, President of Oldtown Home Owners Assn., felt this was an example of negative aggression in the community and opposed the use. Mr. Joe Fernekes, 607 Poplar Ave., spoke of his letter to Mr. Bugnatto from the School Board, and of his own personal support of the denial of this use permit. He stated that this was being done across from his home, and felt it was not safe for the neighborhood children, and would bring in additional enthusiasts to City parks. Mr. Bettucci stated that all over the 10/10/90 Page 16 AGENDA ACTION TAKEN '--'PUBLIC HEARINGS )14. Public Hearing - Continued. PUBLIC HEARINGS world society was immune to violence, and the need to get away from glorification of war. He stated that this use was counter productive to the goals in the report by the Task Force on gangs. He urged Council to take a stand and uphold the appeal. Mr. Joe Valcazar, 721 Spruce Ave., stated that these were outlaw games played in hiding against the law which were frightening and involved guns and terrible accidents. He stated that a gun is a weapon, and a misdemeanor if carried concealed. He stated that the guns could shoot 300' per second and could easily be modified for higher speed and more danger. He felt that this City did not need a war games area. Mr. Bugnatto stated that the games were played for the exhileration of the kill. He questioned how this could be done in an artificial setting when it cost $12.00 per hour for space plus up to $35.00 an hour when they can play free in the hills. He stated that 16-26 was the age factor this sport appealed to, and urged the Council to uphold the appeal and over turn the use permit. Mr. Merton R. Johnson, 609 Southwood Dr., stated that he was a therapist for abused children, and part of the therapy dealt with dealing with violence, aggression, and hostility which was best expressed in rape cases. He urged the Council to uphold the values of the community. Mr. Curtis M. Loer, 2469 Westchester, stated that the very name, Combat City, was good reason why this should not be here because it encouraged gangs. Mr. John Sopko stated that he was the Joint Applicant, and agreed that one could never do enough for safety. He stated that because of that they did not use constant air bottles, and at best, a 10/10/90 Page 17 AGENDA ACTION TAKEN '-- PUBLIC HEARINGS 114. Public Hearing - Continued. PUBLIC HEARINGS paint shot will cause a bruise. He stated that a person could not shoot a greater weight then a paint ball. He stated that any type of gang activity will hurt his business, and he did not allow anyone under 18 to play. He passed out a document from someone testifying on paint ball facilities. Mr. Lonnie Sopko, Applicant, stated that he had been a resident since 1966, and was a teacher and lecturer. He stated that gang members had an image to pro- tect, and he shared the concerns of Council against gangs..He proceeded to describe the games, and stated that people of all ages play the game. Mr. Dave Gerstenkorn, 1016 2nd Ave., San Mateo, spoke in favor of the use. Mr. Larry Heath, 175 2nd, Daly City, stated that this activity had nothing to do with gangs, and he had worked with the Police Dept. on the actual supplies used in the business. Mr. Kevin Nunn, 17171Vernice Ave., San Jose, stated that he was a game player and spoke in favor of the use. Mr. Douglas A. Neal, 1401 Pershing Ave., San Mateo, stated that he was also a game player and spoke in favor of the use. Mr. Dan Hafelfinger, 2845 Babe Ruth Dr., San Jose, reiterated support of the use. Mr. Douglas C. Cook, 683 Joanne Dr., San Mateo, reiterated support of the use. Mr. John J. Petrovitz, 443 Gardenside, stated that he was a high school teacher and gave a definition of violence which he felt was inundating our community. He stated that he saw no social redeeming quality by paint balling replacing whole- some sports; he also felt it was addic- tive in scoring a hit on another person. 10/10/90 Page 18 AGENDA ACTION TAKEN PUBLIC HEARINGS 14. Public Hearing - Continued. 15. Public Hearing - ZA-90-60, Zoning ~°~ Amendment to provide for "quick lube service" use types with a use permit in the C-1 and M-1 Zone Districts - James Siegler; Conduct Public Hearing; Motion to approve Negative Declaration No. 699; Motion to waive reading and intro- duce the ordinance. AN ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO PROVIDE FOR QUICK LUBE SERVICES PUBLIC HEARINGS Ms. Cheri Rovai, 202 Morton Dr., Daly City, stated that she was a game player and highly in favor of the use being allowed. Mayor Haffey closed the Public Hearing. Discussion followed: 10-12 years ago markers were used to.mark trees for cutting, and they started using them on each other; paint ball exposes a person; almost a million dollars was issued in prize money for this sport; stimulates comraderie with the players; 39 parking spaces; one parking space for each player; that there were three choices in the staff report; why was it not com- patible in a multi-purpose building in an industrial area; Vice Mayor Drago surprised that this and top gun had come in together when neighbors were concerned; the benefits did not out weigh the con- cerns; enforcement issue on activities on Sign Hill; this may not be a violent sport, but it is condoning violence; not compatible with the City, etc. M/S Teglia/Penna - To uphold the appeal and overturn the Planning Commission decision and cited the three findings of denial. Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Haffey opened the Public Hearing. Director of Planning Smith read the staff report aloud. Mayor Haffey invited those wishing to speak for or against the item to step to the dais - no one did, and he closed the Public Hearing. Vice Mayor Drago felt the existing M-1 District covered this use. He stated 10/10/90 Page 19 AGENDA ACTION TAKEN i PUBLIC HEARINGS 15. Public Hearing - Continued. 16. Public Hearing - ZA-90-61, Zoning Amendment to allow, with approval of a use permit and subject to a parking demand study a lower parking requirement for research and development uses - Genentech, Inc.; Conduct Public Hearing; Motion to approve Negative Declaration No. 698; Motion to waive reading and introduce the ordinance. AN ORDINANCE AMENDING SECTIONS 20.74.060 AND 20.74.070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ALTER THE PARKING REQUIREMENTS FOR RESEARCH AND DEVELOPMENT USES PUBLIC HEARINGS that Hickey Blvd. was upgraded, and he could not see a lube service use in that area. Mayor Haffey agreed that it was not appropriate. M/S Penna/Drago - To approve Negative Declaration No. 699, and waive reading of the ordinance. Carried by unanimous voice vote. Motion by Councilman Penna failed, due to the lack of a Second. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Haffey opened the Public Hearing. Director of Planning Smith read the staff report aloud. Mayor Haffey invited those wishing to speak for or against the item to step to the dais - no one did, and he closed the Public Hearing. Councilwoman Teglia questioned why this item was before Council when there was a real need for adequate parking in that area. Director of Planning Smith stated that the standard now was one space for every 300 sq. ft. Vice Mayor Drago wanted to see a finding or requirement at six months or a one year period to show that there is not a parking problem. M/S Drago/Penna - To waive reading of the ordinance. Carried by unanimous voice vote. M/S Drago/Penna - To approve Negative 10/10/90 Page 20 AGENDA ACTION TAKEN PUBLIC HEARINGS 16. Public Hearing - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 17. Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. 18. Request to adjourn the meeting to Wednesday, 10/17/90, at 7:00 p.m., in the City Council Conference Room, City Hall, 400 Grand Ave., for the purpose of discussion of: Computer Needs Assessment; Conflicts of Interest - Ethics; Citizens Survey on City Services; and a Closed Session for the usual purposes allowed by the Brown Act. ADJOURNMENT RESPECTFULLY SUBMITTED, ~taya~, C~ City of South San Francisco PUBLIC HEARINGS Declaration No. 698 and introduce the ordinance. Motion and Second failed by majority roll call vote, Councilmembers Nicolopulos and Drago voted yes. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council chose not to hold a Closed Session. M/S Teglia/Drago - To adjourn the meeting to Wednesday, 10/17/90, at 6:30 p.m., in the City Council Conference Room, City Hall, 400 Grand Ave., for the purpose of discussion of: Closed Session for the usual purposes allowed by the Brown Act; Computer Needs Assessment; Neighborhood Strategy; and Citizens Survey on City Services. Carried by unanimous voice vote. Time of adjournment was 12:40 a.m. APPROVED~ ~ / J~ ~'cna d A. ~affey, City of South San 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. 10/10/90 Page 21