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HomeMy WebLinkAboutMinutes 1995-04-26 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes .... John R. Penna Roberta Cerri Teglia ~!NUI!~ City Council Municipal Services Building Community Room April 26, 1995 ~PECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APRIL 26, 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 26th day of April 1995, at 7:10 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 - City Manager, Assistant City Manager, Director of Personnel and Labor Negotiator on labor matters and the employee organizations are: Police and Fire. Dated: March 3, 1995 City Clerk City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Assistant City Manager, Director of Personnel and Labor Negotiator on labor matters and the employee organizations are: Police ~d Fire. ouncilman Penna Arrived at the Meeting: _A_C.C I ! O N TAKEN 7:11 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Teglia and Yee. Council Absent: Penna. Council adjourned to a Closed Session at 7:11 p.m. to discuss the noticed item. Councilman Penna arrived at the meeting at 7:20 p.m. 4/26/95 Page 1 RECALL TO ORDER: ADJOURNMENT: Mayor Yee recalled the meeting to order at 7:39 p.m., all Council was present, no action was taken and direction was given. M/S Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:40 p.m. RESPECTFULLY SUBMITTED, APPROVED. Barbara A. Battaya, City Clerk ~/ 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 td 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. 4/26/95 Page 2 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes ~;ohn R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room April 26, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: _ RESENTATIONS Proclamation - Older Americans Month - Dag Alholm 5~ q7 AGENDA REVIEW City Manager Wilson Requested: o Continue Item 7 as the applicant is out of town. - Continue Item No. 8. - Continue Item No. 13 to another meeting. ORAL COMMUNICATIONS ACTION TAKEN 7:42 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna; Teglia and Yee. None. The Pledge was recited. Seminarian Thuan Hoang, St. Veronica's Catholic Church, gave the invocation. Councilwoman Teglia asked for a moment of silence for deceased former City Library worker Frances Chambers who died Friday. PRESENTATIONS Vice Mayor Drago read the Proclamation aloud and gave it to Mr. Dag Alholm from the Commission on Aging. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Ms. Patricia Burke, 1700 El Camino Real, ex- pressed concern over the BART environmental issue of human health and wants a study done to deter- mine factors of construction on health. She ques- tioned why the Airline was not contributing to BART for the tunneling through this City. Councilwoman Teglia stated the Airport is 4/26/95 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM ONSENT CALENDAR t. Motion to approve Minutes of the Special Meeting of 3/29/95 and Special Meeting of 4/12/95. ORAL COMMUNICATIONS precluded from spending funds outside of the Air- port. Mr. Harry Farmer, President of the Sister City Committee, invited everyone to the fund raiser at the Westborough Park Facility on Saturday, 6:30 p.m., with Mexican entertainment and a dinner. He stated the proceeds will go to the orphanage in the City's Sister City in Atotonilco, Mexico. Ms. Joan Gil, Treasure Island Trailer Court, urged Council to send a representative to the SamTrans meeting. She stated she lived in Colma during BART construction, had fought BART and related how horrible was the construction dust to the resi- dents. COMMUNITY FORUM Councilman Fernekes related: a meeting with BART and another with SamTrans and asked that a Councilperson be present; Council is supporting Alternate 6 and he wants to attend and make a pre- sentation; he wants a report on the Westborough traffic study; wants a study of the greater downtown area and have it include alleys; and he thanked the Director of the Leo J. Ryan Center for his recent tour. Mayor Yee stated the WQCP Subcommittee is nego- tiating with the consultant before expanding the plant. Councilwoman Teglia related: the School District could not get the JPA together in time for tonight's meeting; had a smooth meeting with School District Liaison Subcommittee members Von Schell and Latham and some problems were resolved with the new members; the District will entertain a proposal from Council to purchase the Spruce Gym. Mayor Yee announced there will be a candlelight vigil at Alta Loma School tomorrow at 8:00 p.m. in memory of the lives lost in Oklahoma. CONSENT CALENDAR Removed from the Consent Calendar for discussion by Councilman Drago. 4/26/95 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 2. Motion to confirm expense claims of 4/26/95. Resolution authorizing the design and construction of the Linden Avenue/Baden Avenue Traffic Signal Upgrade at the intersections of Linden and Baden Avenues. ~'t9 ~t9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO OF INTENT TO PROVIDE MATCHING FUNDS FOR THE TRAFFIC SIGNAL PROJECT AT LINDEN AND BADEN AVENUES Motion to accept the repair of Glulam Beams at Fire Station No. 4 Project as complete in accordance with the plans and specifications. .5't9 ~'~ Resolutions approving amendments to the operating budget and to the capital improvement budget. D'-/ A RESOLUTION APPROVING BUDGET AMENDMENT 95-8 TO THE 1994-1995 OPERAT- ING BUDGET A RESOLUTION APPROVING BUDGET AMENDMENT CIP 95-6 TO THE 1994-1995 CAP- ITAL IMPROVEMENT BUDGET Resolution establishing the Enterprise Journal and San Mateo Times as the newspapers of general circulation for the City of South San Francisco. A RESOLUTION IDENTIFYING THE SAN MATEO TIMES, THE ENTERPRISE JOURNAL AND THE SAN FRANCISCO INDEPENDENT AS NEWSPAPERS AUTHORIZED TO PUBLISH OFFI- CIAL NOTICES OF THE CITY OF SOUTH SAN FRANCISCO Resolution transferring excess fund balances from the Gellert Boulevard Extension District to the Gellert Boulevard Maintenance Fund. A RESOLUTION DETERMINING SURPLUS AND ORDERING DISPOSITION THEREOF GELLERT BOULEVARD EXTENSION ASSESSMENT DIS- TRICT CONSENT CALENDAR Approved in the amount of $1,301,143.82. RESOLUTION NO. 23-95 Approved. RESOLUTION NO. 24-95 RESOLUTION NO. 25-95 Removed from the Consent Calendar for discussion by Councilmembers Drago and Penna. Removed from the Consent Calendar under Agenda Review. 4/26/95 Page 3 AGENDA' ACTION TAKEN ~,,~. CONSENT CALENDAR Resolution authorizing execution of an agreement between the City of South San Francisco and the South San Francisco Unified School District. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT 1. Motion to approve Minutes of the Special Meeting of 3/29/95 and Special Meeting of 4/12/95. Resolution establishing the Enterprise Journal and San Marco Times as the newspapers of general circulation for the City of South San Francisco. ,~O ~ 2.. A RESOLUTION IDENTIFYING THE SAN MATEO TIMES, THE ENTERPRISE JOURNAL AND THE SAN FRANCISCO INDEPENDENT AS NEWSPAPERS AUTHORIZED TO PUBLISH OFFI- CIAL NOTICES OF THE CITY OF SOUTH SAN FRANCISCO CONSENT CALENDAR Removed from the Consent Calendar under Agenda Review. M/S Drago/Teglia - To approve the Consent Calen- dar with the exception of Items 1, 6, 7 and 8. Carried by unanimous voice vote. M/S Fernekes/Teglia - To approve the Minutes of the Special Meeting of 3/29/95 and Special Meeting of 4/12/95. Carried by majority voice vote with the exception of the Minutes of the Special Meeting of 4/12/95 wherein Councilman Drago abstained due to his absence from the meeting. Councilman Penna asked why the San Francisco Independent was excluded when he felt more people read it than the Enterprise Journal and the Times. City Attorney Mattas stated that newspaper could be added to the resolution. Councilwoman Teglia stated she did not agree, be- cause most neighborhoods do not get both news- papers and the advertising should be consistent as this has worked well for the City. Councilman Drago questioned if that meant the City could only use the two papers. City Clerk Battaya stated she asked the City Attor- ney a year ago to write this resolution to include the San Mateo Times as the newspaper of general circu- lation because it is published six days a week, which will allow her to meet her legal publishing dead- lines. When she learned that the Enterprise Journal will only be published on Sunday she again asked that this resolution be written and planned to only use the San Mateo Times to meet her deadlines after the resolution was adopted. 4/26/95 Page 4 AQENDA A~!!Q~ !AKEN ~ Resolution - Continued. PUBLIC HEARINGS Public Hearing - Appeal of Planning Commission decision on PUD-94-39 for a proposed bedroom addition to 6 Viewmont Terrace by Mr. and Mrs. Tony Velazco, appeal made by Mr. Joshua Wong; Conduct Public Hearing; Motion to deny the Appeal and uphold the decision of the Planning Commission. Councilman Penna wants to know the circulation of the San Francisco Independent. Councilwoman Teglia did not understand why Councilman Penna was pushing for the San Fran- cisco Independent when it should be one newspaper of general circulation. M/S Drago/Penna - To adopt the Resolution and add the San Francisco Independent to the resolution. RESOLUTION NO. 26-95 Councilwoman Teglia stated the City Clerk can use any of the newspapers she wants. Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Yee opened the Public Hearing. Chief Planner Solomon stated that the thrust of the appeal is that the massive addition will block neigh- bors' views of the valley floor and reduce property values. He proceeded to give background informa- tion on the appeal: size of the addition; visual impacts to the neighborhood; Commission require- ment for a written approval from the Home Owner Association; there was a home owners vote on 2/3/95 in favor and a 3/16/95 vote against the addi- tion; the Planning Commission vote was not based on the home owners votes, but on the merits of the project; staff feels the new addition is com- patible with the surrounding homes and cited the reasons; etc. Councilwoman Teglia noted a petition, dated 3/2/95, that had three pages of homeowners signatures and, in the not straight forward meeting, there were plans and specs and an informal vote taken that was not comprehensive. Discussion followed: the appeal was on another set of plans, not in the packet - where the owners are trying to meet the conditions of approval; etc. Mr. Joshua Wong stated he got a copy of the new plan on Saturday and it was not acceptable. Councilman Penna questioned why Mr. Wong only 4/26/95 Page 5 AGENDA ACTION TAKEN 9. Public Hearing - Continued. s<ECESS: RECALL TO ORDER: PUBLIC HEARINGS 9. Public Hearing - Continued. 4/26/95 Page 6 received it on Saturday. Council adjourned to a recess at 8:32 p.m. Mayor Yee recalled the meeting to order at 8:45 p.m. Councilwoman Teglia showed ribbons from Cable TV in memorial of the Oklahoma disaster and passed them out to Council. PUBLIC HEARINGS Mr. Joshua Wong passed out photos of the addition to Council. He had obtained the signatures of ten homeowners out of seventeen and stated most were present tonight. He urged the Council to reverse the decision of the Planning Commission for the bed- room addition by Mr. and Mrs. Velazco on PUD- 94-39. The home owners feel that the applicant did not speak openly with the home owners in their community. He related: the first public hearing was on 1/29/95 before the Planning Commission; Mr. Velazco is President of the Home Owners Assoc.; a meeting was called for the proposed addition and a site plan was submitted to the Planning Department on 11/22/94; three home owners were present at the first public hearing and saw the design; the applicant represented certain facts and said the addi- tion was supported by a majority of the home own- ers; this was challenged by the home owners and the Planning Commission asked him to present a written letter of support from the home owners; the pro- cedure for obtaining the approvals by the Board of Directors, he felt, was biased and misguided; a meeting was called by the Association 1/28/95 in the applicant's residence; serious concerns were raised at the meeting on the proposed addition and no votes were taken; he felt this project would have a nega- tive impact on his community and lower the value of homes; and urged the Council to reverse the decision of the Planning Commission. Discussion followed: the addition will be on the south side of the house or the down hill side; does the Association have regulations for additions; there is a requirement for design review; if a majority of the home owners oppose the project, can the appli- AGENDA ACTION TAKEN '~-~ .-..PUBLIC HEARINGS 9. Public Hearing - Continued. 4/26/95 Page 7 PUBLIC HEARINGS cant still build; City Attorney must review the DCC&Rs before he can answer that question; if the first home owners vote passed, why was a second vote taken; because 50% of the homeowners were not there during the first vote and the ballot was passed out at the meeting; the second vote was called because the home owners did not know what the addition looked like and there was a presentation and the second vote was opposed; the project was built six years ago; Councilwoman Teglia wants it to go back to the Planning Commission, because the project and open space were well thought out six years ago and she wanted the Commission to rethink their decision on this addition and not destroy the existing project; Mayor Yee agreed, because while he was a staff person he had worked with Mr. Domingues, the Developer, because this was a dif- ficult project; six years ago there had been concerns about the views; Mayor Yee had a view when he bought his house and now a few years later he has half a view; Councilman Drago found it hard to believe that the Commission ignored the second home owners vote; he wanted this sent back to the Commission and another vote taken by the home owners; City Attorney says the DCC&Rs say the property is limited to residential use and this addi- tion is consistent, so they will not prevent this addi- tion or call for a vote of the home owners; Council- woman Teglia was concerned for she felt this was the way to cause a blight in a neighborhood; etc. Mr. Dale Huffstetter, 130 Deodar Dr., stated he represented Mr. Tony Velazco and is for the pro- ject. Ms. Angela Chan, 5 Viewmont Terrace, stated she is a resident and Boardmember and refutted some of Joshua Wong's testimony: 10/6/94 they had the election for President of the Association and the addition blueprint was presented; after that Mr. Velazco went to the City and was told to have the home owners cast a ballot and obtain a vote on the addition; in December they had a party and no one was concerned about the addition; there was a meet- ing and Mr. Wong asked questions; there was not a ballot, but the next day a ballot was passed out about the addition; Mr. Wong is saying the ballot was misleading, yet people signed the ballot; in January when they decided they could go up and AQ~NDA AC!!QN TAKEN PUBLIC HEARINGS 9. Public Hearing - Continued. 4/26/95 Page 8 PUBLIC HEARINGS appeal, then the second ballot was signed, but it did not go through the President or Vice President; in looking at the plan she did not feel it was that big; etc. Ms. Marilu B. Ramirez, 4 Viewmont Terrace, stated the Board was not aware of the second vote before the fact, and felt the bylaws required certain notifi- cation of a vote. She did not vote on the second vote because she questioned the legitimacy of that vote. Mr. Eric Ho, 21 Viewmont Terrace, stated he was not friends with anyone concerned in the matter and felt he could be unbiased. He related: he had voted for the original project of a bedroom for Mr. Velazco's son, because it would not impact his view; after putting himself in the position of Mr. Wong he was now opposed to the addition because it gave a limited view; he had given the home to his parents, but had taken part in the balloting; etc. Mr. Anthony San Jose, 7 Viewmont Terrace, stated his house is directly across from number 5 and his only view between the houses will be blocked, other than from the master bedroom. He was present for the first vote when Mr. Velazco brought up the addition. He asked to see the elevations and was told the architect was working on it. He related: at the January meeting he was present; ten homeown- ers showed up; the memo went out the next day by the Board of Directors; when he saw the blueprints he objected because it was a massive addition and would create a lot of restrictions on the neighbor- hood; the second ballot was like a petition; etc. City Attorney Mattas felt the Council's focus should be on the architectural planning and not necessarily the inner workings of the Board of Directors. So, other than understanding a split of opinion, the process of the split is not really important. Mr. Edward R. San Jose, 11 Viewmont Terrace, stated he was here to oppose the addition of number 6 Viewmont Terrace. He had paid for the view, it was already included in the price of the house, now they are going to put an addition on the site to dis- turb the community while he has a view and his neighbors are denied their view. He asked the AGENDA ACT!O_N TA_KE_N ~ 7 PUBLIC HEARINGS 9. Public Hearing - Continued. 4/26/95 Page 9 PUBLIC HEARINGS Council to suspend the project. Mr. Roger Chin, 17 Viewmont Terrace, stated he was opposed to the addition and cited his reasons: the street, Viewmont Terrace, stands for the view and that is why he bought the home; when he talked to the real estate people they had an aerial diagram and everyone bought with the view; if the addition is allowed then the homes around it will lose their value; if one sells his home there will be a 3% loss; he has lived in his home since it was built and there are a lot of tourist buses with people from out of the Country who they show our views which is impor- tant to the City; someone said he saw a blueprint on 10/16/94, however, it was a drawing; there are 13 home owners in the audience and why don't they all get together and state their opinions and be allowed to resolve the issue; he is opposed to this addition. Mr. Rey Tancinco, 10 Viewmont Terrace, stated he bought his house three weeks ago and found out about this three days ago. He stated he has the biggest lot and the most room for improvements, but does not want to see a precedence established to build additions that will decrease parking and create more conflicts. A view costs another $50,000 for a home. He stated the second issue is technical, he under- stood the Commission saying the addition would be level with the master bedroom but, based on the plans, it shows stairs going from the master bed- room. So, it does not comply with the Commission's condition. He suggested letting the home owners decide and Council approve the deci- sion of the majority, because they have to live with this. Discussion followed: one must go through the master bedroom to get to the addition; there is an exterior exit off the rear deck and stairs in the build- ing; one has to go through the master bedroom be- cause the applicant has not drawn the plans as di- rected by the Commission, where the addition would be at the same level as the master bedroom; etc. Ms. Janie Prada, 3 Viewmont Terrace, stated she voted for the addition on each vote. AGENDA ACT!QN TAKEN PUBLIC HEARINGS 9. Public Hearing - Continued. 4/26/95 Page 10 PUBLIC HEARINGS Mr. Dale Huffstetter stated he represents Mr. Tony Velazco, is a partner in the construction company and is supervising this project. He stated he and Mr. Frank Pendergas are for the design and have tried to compensate to meet the Commission's requirements and the neighborhood's. He had a computer enhanced photograph of the site from street level looking across the valley and refutted testimony of loss of views. Discussion followed: the proposed addition is at the top of the windows, so if you draw a line at the top then that is part of the view you are not going to see; if the applicant builds the bedroom in back then he cannot get to their huge deck; the deck is the backyard; Mr. Velazco had the house up for sale on two occasions; etc. Mayor Yee closed the Public Hearing. Councilwoman Teglia related: she had sympathy with people buying property and improving it, how- ever, individual rights stop when neighbors come in and it is at their cost; a certain density has to be maintained; a view is not guaranteed, but is an economic factor and a legitimate concern; concerned about the Planning Commission that has interjected into a home owners business; important that input is given at public hearings; has a problem with this addition for it will cause a blight and, at the proper time, will make a motion to uphold the appeal. Councilman Fernekes related: he would be appeal- ing if it was his view that was impeded; he bought his house for its view; this addition just cropped up and he will second a motion to not grant this project to continue. Councilman Penna related: neighborhood has a right to object, but they knew about the addition at Christmas; the integrity of the neighborhood is not threatened; the addition could have a diminished roof line; he sees no basis to deny the project and wonders if it would be appropriate to send it back to the Commission to lower the roof level. Vice Mayor Drago stated home owners associations are the checks and balances and thinks this is a lack A~ENDA A~TION TAKEN PUBLIC HEARINGS ). Public Hearing - Continued. RECESS: RECALL TO ORDER: 10. Public Hearing - Proposed Statement of Objectives and projected use of Community Development Block Grant Funds for Fiscal Year 1995-96; Conduct Public Hearing; resolution adopting Final Statement of Ob- jectives and authorizing execution of all documents necessary to secure and award CDBG funds. ~O~a] A RESOLUTION APPROVING AND AUTHORIZ- ING THE SUBMITTAL OF THE STATEMENT OF OBJECTIVES AND PROJECTED USE OF COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 1995-96 AND AU- THORIZING THE CITY MANAGER TO EXE- CUTE ALL DOCUMENTS NECESSARY TO SE- CURE AN AWARD OF COMMUNITY DEVEL- OPMENT BLOCK GRANT FUNDS FOR THE CITY OF SOUTH SAN FRANCISCO PUBLIC HEARINGS of communication; they have every right to maintain quality of life; it is unfortunate for the owners, yet these people have to live there. M/S Teglia/Fernekes - To uphold th~ appeal and direct staff to develop findings. Carried by majority roll call vote, Councilman Penna voted no. Council adjourned to a recess at 10:25 p.m. Mayor Yee recalled the meeting to order at 10:32 p.m., all Council was present. Mayor Yee opened the Public Hearing. CDBG Coordinator Fragoso gave the staff report. Mr. Victor Feudale, Historical Society requested $5,000 for the restoration of a historic house recently inherited by the Society. He explained that it will cost a great deal more than $5,000 for the needed improvements and asked if they could make application under a different plan. He felt the Schwartz home is significant to the City as it was the first hospital between San Francisco and San Mateo and the Society wants to make it a museum. He asked if the Society has to match the $5,000 grant. City Manager Wilson stated he would work with the Society on the project and the $5,000 match is like a community match with organizations or individu- als. Councilwoman Teglia stated the Society would receive $5,000 from CDBG funds, but they cannot spend it until they have the matching $5,000. Discussion followed: there is $15,000 that Council can use; under rehab activity there is a 100% cap; capital improvements do not have a spending limit; there are more fund requests than available dollars, however, staff allowed $15,000 for discriminatory action; there was a request in this regard from the Poplar Center; the ADA funds had been broken out; etc. 4/26/95 Page 11 AGENDA ACTIQN TAKEN PUBLIC HEARINGS 0. Public Hearing - Continued. (Cassette No. 2) PUBLIC HEARINGS The following non-profit organizations made their appeal for CDBG funds to the Council: Mr. Cameron Bohren, Center for Independence of the Disabled; Ms. Diane Papan, John's Closet; Marcy Cisneros, Sot Juana Ines Services for Abused Women; Victor Marquez and Karen Carrere, Atty., La Roza Centro Legal; etc. Discussion followed: legal services provided by La Roza Centro Legal to low income tenants, the kind of situations inspected, what was found and the specific actions taken; found rats, cockroaches, debris in halls after constantly asking a landlord to fix an apartment; the agency steps in and negotiates for the tenant and writes letters; some of the land- lords are slum lords; the agency keeps a tally of landlords who do not make repairs; Councilman Penna wanted to know if these violations were re- ported to the Code Enforcement Office; the agency follows the Civil Code and after a reasonable time if repairs are not made they are turned in to the Health Department; Councilman Penna was more interested in the numbers and if they are repeat offenders and Code Enforcement is aware of who they are; the agency has five offices in San Mateo County with attorneys available and has been in operation for four years; Legal Aide Society also has attorneys available; Councilman Penna never planned to vote for continued funding and felt this was a duplication of services; services the agency provides are not felt to be duplications of other agencies services; what the agency does with a tenant being evicted; get them welfare or social services assistance to get a permanent income; the agency is looking to get into senior services; etc. Mr. Victor Marquez took umbrage to the grave remarks made by Councilman Penna at the 3/29/95 meeting that impacted not only some of the clients his agency has serviced in the City, but other people in the community. He looked through the minutes and felt they were greatly edited and condensed. He had numerous telephone calls and was told that the comments were that they served illegal immigrants, and if the City could prevent services to this catego- ry of people. There were comments against his agency because they don't check a person's legal status, because Councilman Penna is saying he does not want his tax dollars going to undocumented 4/26/95 Page 12 PUBLIC HEARINGS 0. Public Hearing - Continued. 4/26/95 Page 13 PUBLIC HEARINGS people. He felt that with the diversity that exists in this City, the Councilman's comments were highly inappropriate, as much of the community is based on immigrants who have gone through a great deal, such as the Japanese and now the Latino. He felt Councilman Penna's comments were unconscionable and misguided. He felt that if some of these comments were imple- mented the City would be breaking Federal law because of the Federal requirement for distribution of CDBG funds. He stated that many people who told him of the comments did not speak at the meet- ing for a fear of their funds being jeopardized and ' requested a public apology to the community. He has a copy of a letter to Mayor Yee with a carbon copy to the Council from Alvira Rios setting out the comments and asking for a public apology. As of tonight she has not received an apology. He stated they are in the business of providing services, not challenging or suing the City and their doors are open to anyone. Councilman Penna appreciated these comments being brought to the forefront and assumed Mr. Marquez is an attorney. He asked if Mr. Marquez had listened to the tape recording of the meeting. Mr. Marques stated he did not realize the meeting was taped. Councilman Penna stated he was concerned about the contents of the letter and had the City Clerk make him a copy of the tape and there was no allu- sion to illegal immigrants. He also asked the City Attorney to review the tape. City Attorney Mattas stated he also listened to the tape and did not remember a reference to Proposi- tion 187. There were comments about undocument- ed aliens, but after reviewing the tape it was not discriminatory. Councilman Penna stated his comments had to do with requesting a residency requirement for anyone getting funds from CDBG and had prefaced his remarks with being ignorant of the process. He believed it was his right to ask questions and no one ~ENDA ~ION TAKEN PUBLIC HEARINGS 0. Public Hearing - Continued. 4/26/95 Page 14 PUBLIC HEARINGS questioned him that night. He believed this should be a way that the public of S.S.F. can be identified first, and the reason we receive funds is to make sure residents of the community receive the funds. He has heard over the years that people have gone to the various agencies and have not been able to obtain funds. When he heard that evening there was going to be an increase in applicants, his question was are we serving our community or San Francis- co. That was the basis of his comments and he has the right to ask the questions. He stated the idea of residency has to do with what any school district requires before any child is ad- mired to school, you have to demonstrate and show that you have a deed to a house, a utility bill, or a lease for a rental. He felt the City could have resi- dency requirements for our community, so we know people of our community are being served. He asked the City Attorney if there was a problem with his request. City Attorney Mattas stated Proposition 187 has obviously been put on a freeze with preliminary injunction and the only way you could do that is if the measure passed. Discussion followed: Mr. Marquez was talking about the comment of whether these people were U.S. citizens; a woman had called the City Clerk about obtaining a transcript of the meeting; the City Clerk told her she did not do verbatim transcripts, but would make a copy of the tape for her to take to a Court Reporter for a transcript or she could wait until the minutes were completed and obtain a copy; the minutes being discussed were minutes and not a transcript; Councilman Penna said he voted against Proposition 187 because he did not believe in a law that says you have to have ID cards, so that is the last thing he would bring out in his comments; he said that as an elected official he has a right to question how funds are to be used, otherwise why allocate funds; Councilwoman Teglia appreciates the activities of this agency and feels the agency should serve all the community not just the Latino commu- nity; she explained that she is the daughter of immi- grants, many asians are gravitating to the Country and with the children of the immigrants it is becom- A~ENDA A~I!Q~ TAKEN PUBLIC HEARINGS 0. Public Hearing - Continued. 11. Public Hearing - San Mateo County Consolidated Housing and Community Development Plan; Conduct Public Hearing; resolution adopting the City's Com- munity Needs Assessment Component of the Consoli- dated Plan and authorize execution of all required documents for submittal to the Department of Hous- ing and Urban Development via San Mateo County. lNG SUBMITTAL OF THE 1994-95 CONSOLI- DATED HOUSING AND COMMUNITY DEVEL- OPMENT PLAN TO THE DEPARTMENT OF PUBLIC HEARINGS ing a repetitive history, as well as with the hispan- ics; she has a problem with the undocumented, and it is proper to say illegal; our system is based on law and she did not understand how the law can be applied to one and not the other; so, she has a prob- lem on her tax dollars being spent on illegal aliens; she does not have a problem with the agency serving Latinos, but was bothered with the undocumented served; the agency is concerned because the undocu- mented are working and paying taxes and the Feder- al Government is paying into the local coffers from that tax; once the agency finds out that the person is undocumented they are turned out and, by the nature of the services, there is nothing the agency can do; San Francisco froze welfare benefits so people don't come in and rob the community; etc. Mayor Yee closed the Public Hearing. Discussion followed: North Peninsula Family Alter- natives is funded through the Police Department; the $8,000 request is to serve elementary age children; give La Raza Centro Legal $4,700 rather than $2,500; give Sitike, Recovery Program $5,000 rather than $7,200; give Neighborhood Services Center - HouseHelpers Program $30,000 rather than $40,000; include funding of $21,948 for the Food Bank Facility Rahab; include funding of $3,000 for the Poplar Center Rehab. M/S Teglia/Drago - To adopt the Resolution with the funding changes cited above. RESOLUTION NO. 27-95 Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. CDBG Coordinator Fragoso gave a brief staff re- port. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 28-95 Discussion followed: apartment building owners that don't put anything back into their building on subsidized programs should not get these funds; 4/26/95 Page 15 A~ENDA A~TION TAKEN PUBLIC HEARING 1. Public Hearing - Continued. HOUSING AND URBAN DEVELOPMENT ADMINISTRATIVE BUSINESS 12. Motion to authorize the issuance of applications for the Seismic Retrofit Loan Program for Downtown Commercial Buildings. .5'O Councilman Penna Returned the Podium. 13. Rental vehicle storage business license draft ordinance public meeting - continued from the 4/12/95 meeting. .ff277 ITEMS FROM COUNCIL 14. Status report on appointments made and appointment. to the Parks and Recreation Commission. ~00 PUBLIC HEARINGS money should not be given for normal repairs. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Councilman Penna, due to a conflict of interest, stepped down from the podium at 12:23 a.m., and did not take part in the discussion nor vote on the item. CDBG Coordinator Fragoso related: nine out of ten URM building owners will apply for applications; the interest rate is between 3-8% with a 15 year duration; staff is requesting a cash flow statement on the building showing the owner's ability to pay the loan. Discussion followed: City Manager's Office will decide the interest rate; why 8 % when a person can go to a bank for that interest. Consensus of Council - To authorize a 4% interest rate. M/S Drago/Fernekes - To authorize the issuance of applications for the Seismic Retrofit Loan Program for Downtown Commercial Buildings at 4%. Carried by majority voice vote, Councilman Penna did not take part in the discussion nor vote on the item. Councilman Penna returned to the podium at 12:30 a.m. M/S Teglia/Fernekes - To continue the item to the 5/12/95 meeting. Carried by unanimous voice vote. ITEMS FROM COUNCIL City Attorney Mattas related: two people were appointed to the same positions after it was found that the first individual was not a registered voter; Council may direct staff to expand the Commission or remove one or both Commissioners. Mr. Manny Madriaga stated he hoped the Council 4/26/95 Page 16 ITEMS FROM COUNCIL 4. Status report - Continued. 4/26/95 Page 17 ITEMS FROM COUNCIL could do this once and for all and he could come out of the session with a smile because Councilman Drago was not present at the last meeting the matter was continued. He made the following statement: he was required to register before being appointed and he did that; the registration was lost and finally found by the Elections Department; he feels he has satisfied all of the requirements all along, looks forward to being reappointed and introducing com- puter literacy from a grant he was able to obtain; etc. Mr. Alex Escamonte stated he was here the first time the Council scrutinized Manny's character, leading to no other conclusion but doubt of his registration. One Councilmember said how could you do that, why did you have to mail it when he could come to the Deputy Registrar of Voters. He wondered later if Manny noticed the atmosphere was so accusatory and why he would do that. Council acted on the strength of that conviction, because he did not turn in the voter registration card. The benefit of the doubt was not given and Manny was convicted and yet the County Clerk had made a mistake. If the Council disqualified Manny because he was not a voter that can now be correct- ed because he is a voter and the Council had be- lieved he was lying. He stated Council appointed Manny because he was competent to act as a Commissioner. Why must the Council perpetuate this wrong, because it is a single case of fairness to Manny, his supporters and the Filipino Association of which he is the President. Obviously the Assn. does not mean anything because he had invited the Council to a function with other legislators and no one showed up. He stated the process the Council uses must be just otherwise you will not hear the end of this, otherwise they will seek justice and travail. He stated it is human to be wrong and say I am sorry and the record will show that a man who volunteered himself has been cruci- fied here - so, the Council has no choice but to do justice and reappoint Manny. Mayor Yee was bothered that he was accused for not attending their function. He received a call about two days before 3/23/95 and made an appoint- ment with Mr. Escamonte in City Hall at I0:00 a.m. AGENDA ACTION TAKEN ~'~ ITEMS FROM COUNCIL 4. Status report - Continued. 4/26/95 Page 18 ITEMS FROM COUNCIL He waited until 11:00 a.m. and no one showed up and no one called and that is the reason he did not go to Mr. Escamonte's function because he thought he was mad at him. He told Mr. Escamonte he could not speak when he tried to interrupt the May- or. Mr. Alex Escamonte asked that the record show he could not comment. Mrs. Marilyn Madriaga stated she came up to apolo- gize for not believing her husband on the registra- tion. Ms. Luharsh Bashing, Fil-Am Club, stated she lived in San Bruno, but has supported all of the politics. She has been in politics since 1983, was shocked with what happened here that night with Manny and stayed up late to hear the final verdict. Discussion followed: on the options before Council; City Attorney stated the Council is not obligated to increase the Commission by two, but can make the appointment temporary until the next vacancy and drop back to the current number of commissioners; Councilwoman Teglia noted never had Council called Mr. Madriaga a liar, and Councilman Penna had said he believed him; Council had dealt with the facts and did not try to crucify Mr. Madriaga in any way; Councilwoman Teglia stated Mr. Alex Escamonte was an orator but the remarks border on intimidation; he had said the Council has no choice, but they do have choices; she stated the Council had complimented the Filipino community by consider- ing one of its members and was bothered by the threats being made and would make a motion to negate the process and remove both people; Coun- cilman Drago had never seen such an attempt to intimidate the Council and polarize the community; he stated he had voted for Mr. Madriaga, and that was his mistake; Councilman Fernekes had also voted for Mr. Madriaga because he felt he was the best candidate and felt the Council acted in good faith; Councilman Penna had yet to hear anyone say you're qualified for the position because you favor parks and recreation and have an agenda and partici- pate in the community; he is hearing Filipino com- munity and that the Council acted like jackasses. .-I.TEMS FROM COUNCIL 4. Status Report - Continued. 15. Reappointment of Jim Claar to the Housing Authori- ty. ..~-0 ~ '7 GOOD AND WELFARE ADJOURNMENT: ITEMS FROM COUNCIL Councilwoman Teglia wants to do both and negate the whole process and readvertise for applicants. M/S Teglia/Drago - To remove both Commission- ers, readvertise and go through the interview pro- CesS. Carried by majority roll call vote, Mayor Yee voted no. M/S Penna/Teglia - To reappoint Jim Claar to the Housing Authority. Carried by unanimous voice vote. Vice Mayor Drago stated he sent a memo to Council resigning from the Conference Center Authority. He stated he had been involved with the Authority for many years and wanted someone else on Council to be appointed. Mayor Yee asked if Councilwoman Teglia had a conflict, if appointed, because of her being on the San Mateo County Convention and Visitors Service. City Attorney Mattas stated he would check it out and get back to Council. GOOD AND WELFARE No one chose to speak. M/S Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 1:15 a.m. RESPECTFULLY SUBMITTED, APPROVED. ~ arbara A. Battaya, ff ~ City~ ity of South San Francisco ~t~by~rtf~~ancisco 4/26/95 Page 19 ~ENDA fi~!~N TAKEN The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- .OHS, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the )ffice of the City Clerk and are available for inspection, review and copying. 4/26/95 Page 20