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HomeMy WebLinkAboutMinutes 1995-06-14Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes John R. Penna Roberta Cerri Teglia MINUTES City Coundil Municipal Services Building Community Room June 14, 1995 177 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Proclamation - Reverend Regine Idzerde AGENDA REVIEW City Manager Wilson Requested: Hear Item No. 16 after the Consent Calendar. Continue Items 9, 10 and 11. Hear Item No. 15 after Consent Calendar then 12, 13, 14 and 17. Conduct Item 15 then go to 16 and decide. --'-~uncilman Drago wanted to hear Item 16 after the Con- :nt Calendar otherwise Item 15 will prolong the meeting id would be putting the cart before the horse. ACTION TAKEN 8:01 p.m. Mayor Yee presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Teglia and Yee. None. The Pledge was recited. Rev. Idzerde, St. Paul's Methodist Church, gave the invocation. Mayor Yee asked for a moment of silence in commemoration of the death of former Councilman Warren Steinkamp and related memorial services will be held on Saturday at the Chapel of the High- lands. PRESENTATIONS Mayor Yee read the Proclamation aloud and pre- sented it to Reverend Idzerde. AGENDA REVIEW So ordered. M/S Teglia/Drago - To continue Items 9, 10 and 11 to the 6/28/95 meeting. Carried by unanimous voice vote. Mayor Yee stated the Council will deal with Item No. 16 after the Consent Calendar. 6/14/95 Page 1 AGENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Special Meeting of 5/3/95, Special Meeting of 5/8/95, Special Meeting of 5/9/95 and Regular Meeting of 5/10/95. ',. Motion to confirm expense claims of 6/14/95. Resolution establishing the tax rate for the Municipal Services Building for Fiscal Year 1995-96. ~ / O ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont Ave., expressed con- cern: over the off-ramp closure on Oyster Point that had not been advertised; over how long the ramp will be closed; why was nothing publicized that tho closure was taking place. City Manager Wilson stated he did not know. Shirley Hock, School Board Trustee, stated Execu- tive Director Norm Martin of the Boys and Girls Club and she were representing the School District in a joint fund raiser to be held at the Golf Club in S.S.F. next Monday. She invited Council and the audience to participate in the affair and enjoy champagne, oysters, hot dogs and golf. Mr. George Bugnatto, 216 Juniper Ave., stated that he was honored by a gathering of neighbors and City officials at a dinner and saw fit to honor his lifetime involvement as a citizen. He stated a per- sonal note would be sent to each of the attendees, however, he personally wanted to thank the Council this evening. Councilwoman Teglia said it was stated at the dinner that George represented the very best of S.S.F. and she feels the community was fortunate to have bene- fited from Mr. Bugnatto's achievements. COMMUNITY FORUM Councilman Drago related: the up and coming competition adjacent to the Caltrain station is the first of many projects for the newly formed Cultural Arts Commission; competition rules will be avail- able at the Park & Recreation Department; monies are available to the winners on the finished pieces of art; etc. CONSENT CALENDAR Approved. Approved in the amount of $1,626,675.40. Removed from the Consent Calendar for discussion by Mayor Yee. 6/14/95 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR 3. Resolution - Continued. A RESOLUTION FIXING A SPECIAL PROPERTY TAX FOR FISCAL YEAR 1995-96 Motion to approve a policy on retiree health benefits. Resolution recommending the Base Realignment and Closure Commission exclude the San Bruno Naval Facilities Engineering Field Activity from its base closure list. A RESOLUTION RECOMMENDING THE BASE REALIGNMENT AND CLOSURE COMMISSION EXCLUDE THE SAN BRUNO NAVAL FACILI- TIES ENGINEERING FIELD ACTIVITY (EFA WEST) FROM ITS BASE CLOSURE LIST AND ENCOURAGING THE DEPARTMENT OF DE- FENSE TO EXPLORE OPPORTUNITIES FOR ENHANCED ECONOMIC UTILIZATION OF THE EFA WEST SITE Resolution authorizing an agreement with Hilton, Farnkopf & Hobson for rate review services for the S.S.F. Scavenger Company in the amount of .fig, Z7 $35,000.00. A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO PROVIDE RATE REVIEW SERVICES FOR THE SOUTH SAN FRANCISCO SCAVENGER COMPANY Resolution authorizing a contract with Wagstaff and Associates for preparation of a supplemental EIR for the Terrabay Specific Plan and Development Agree- ment Extension. A RESOLUTION AUTHORIZING A CONTRACT FOR A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE TERRABAY SPE- CIFIC PLAN AND DEVELOPMENT AGREE- MENT EXTENSION o Resolution amending the 1994-95 Capital Improve- ment Program to add the Airport Blvd. Traffic Signal Interconnect Project for $149,000 and the Westborough Blvd. Traffic Signal Interconnect Pro- gram for $125,000. 51 :LO 6/14/95 Page 3 CONSENT CALENDAR Approved. RESOLUTION NO. 44-95 RESOLUTION NO. 45-95 Removed from the Consent Calendar for discussion by Councilmember Fernekes. CONSENT CALENDAR Resolution - Continued. A RESOLUTION AUTHORIZING AIRPORT BOU- LEVARD AND WESTBOROUGH BOULEVARD TRAFFIC SIGNAL INTERCONNECT AND AP- PROVING BUDGET AMENDMENT CIP 95-7 TO THE 1994-1995 CAPITAL IMPROVEMENT BUD- GET Resolution establishing the tax rate for the Municipal Services Building for Fiscal Year 1995-96. A RESOLUTION FIXING A SPECIAL PROPERTY TAX FOR FISCAL YEAR 1995-96 Motion to approve a policy on retiree health benefits. p-o o Resolution authorizing a contract with Wagstaff and Associates for preparation of a supplemental EIR for the Terrabay Specific Plan and Development Agree- ment Extension. _~-t9 ~' A RESOLUTION AUTHORIZING A CONTRACT FOR A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE TERRABAY SPE- CIFIC PLAN AND DEVELOPMENT AGREE- MENT EXTENSION CONSENT CALENDAR RESOLUTION NO. 46-95 M/S Fernekes/Penna - To approve the Consent Cal- endar with the exception of Items No. 3, 4 and 7. Carried by unanimous voice vote with the exception of Item No. 3 wherein Vice Mayor Drago abstained. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 47-95 Carried by unanimous voice vote. M/S Fernekes/Penna - To approve a policy on retir- ee health benefits. Carried by majority voice vote, Vice Mayor Drago abstained. Ms. Jan Pont asked if the Corps. of Engineers could be included in the partial new plan for the wetlands, which were previously identified, and there are more that should be included in the additional reporting. Mayor Yee stated the supplemental EIR will go to ali Agencies including the Corps. of Engineers. City Manager Wilson stated there will be a scoping meeting and he will invite Ms. Pont to attend. Ms. Pont stated she wants the study to be continued, and the additional wetlands looked into. M/S Fernekes/Drago - To adopt the Resolution. RESOLUTION NO. 48-95 Councilmember Fernekes requested an update at the next meeting on exactly what is happening with the Project. 6/14/95 Page 4 AGENDA ACTION TAKEN ...... 7. Resolution - Continued. 'UBLIC HEARINGS Public Hearing - To consider Zoning Amendment ZA-95-91 involving design review procedure for single family dwellings; Conduct Public Hearing; Motion to waive reading and introduce the ordinance - continued from the 5/24/95 meeting, or~ ~ q AN ORDINANCE OF THE SOUTH SAN FRANCISCO CITY COUNCIL AMENDING CHAPTER 20.85, DESIGN REVIEW PROCE- DURES OF THE SOUTH SAN FRANCISCO MU- NICIPAL CODE RELATED TO LIMITING THE REVIEW OF ADDITIONS TO ONE-, TWO- AND THREE-FAMILY RESIDENTIAL STRUCTURES TO THAT BY THE CHIEF PLANNER IN CASES WHERE THE EXPANSION MAY BE FOUND TO CONFORM TO ADOPTED STANDARD AND OR CRITERIA 10. Public Hearing - To consider ZA-95-92 extending the abandonment period for nonconforming uses and structures; Conduct Public Hearing; Motion to waive reading and introduce the ordinance - continued from the 5/24/95 meeting. AN ORDINANCE OF THE SOUTH SAN FRANCISCO CITY COUNCIL AMENDING SEC- TION 20.97.070 - ABANDONMENT - OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO EXTENDING THE TIME PERIOD AFTER A NONCONFORMING USE HAS CEASED USE OF A BUILDING BEFORE IT IS CONSID- ERED ABANDONED FROM SIX MONTHS TO TWO YEARS AND ALSO PROVIDING THAT THE PERIOD WILL REVERT TO SIX MONTHS ON JULY 1, 2003 11. Public Hearing - To consider ZA-95-93 establishing required findings of approval for Planned Unit De- velopment permits; Conduct Public Hearing; Motion to waive reading and introduce the ordinance - con- tinued from the 5/24/95 meeting. ._~O'g'::/ AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 20.84 - PLANNED UNIT DEVELOPMENT PER- MIT PROCEDURE - OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO Carried by unanimous voice vote. PUBLIC HEARINGS Continued under Agenda Review by the City Man- ager. Continued under Agenda Review by the City Man- ager. Continued under Agenda Review by the City Man- ager. 6/14/95 Page 5 AGENDA ACTION TAKEN ]82 PUBLIC HEARINGS 1. Public Hearing - Continued. ADDING FINDINGS OF APPROVAL, ESTABLISHING A MINIMUM LOT SIZE FOR A PUD PERMIT AND ENABLING THE PLANNING COMMISSION TO ESTABLISH DESIGN GUIDE- LINES ADMINISTRATIVE BUSINESS 16. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms. Sq'0 Itl' 1) A RESOLUTION DECLARING THE DATE OF THE MUNICIPAL ELECTION FOR 1995 TO BE HELD ON NOVEMBER 7, 1995, SUBMITTING TO THE ELECTORS A BALLOT MEASURE RE- GARDING WHETHER CARD CLUBS SHALL BE ALLOWED IN SOUTH SAN FRANCISCO; RE- QUESTING CONSOLIDATION OF SAID MUNICI- PAL ELECTION WITH THE GENERAL ELEC- TION TO BE HELD ON NOVEMBER 7, 1995; ESTABLISHING HOURS DURING WHICH POLL- ING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO REN- DER ELECTION SERVICES; AND AUTHORIZ- ING THE FILING OF AN IMPARTIAL ANALYSIS 2) A RESOLUTION DECLARING THE DATE OF THE MUNICIPAL ELECTION FOR 1995 TO BE HELD ON NOVEMBER 7, 1995, SUBMITTING TO THE ELECTORS A BALLOT MEASURE RE- GARDING WHETHER BINGO AND CARD CLUBS SHALL BE ALLOWED IN SOUTH SAN FRANCISCO; REQUESTING CONSOLIDATION OF SAID MUNICIPAL ELECTION WITH THE SPECIAL ELECTION TO BE HELD ON NOVEM- BER 7, 1995; ESTABLISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES; AND AU- THORIZING THE FILING OF AN IMPARTIAL ANALYSIS 3) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON FOR THE PURPOSE OF PUBLIC HEARINGS ADMINISTRATIVE BUSINESS City Manager Wilson stated Council had directed staff on May 24th, after seven public meetings, to prepare and finalize a gaming ordinance and staff was prepared to discuss the regulatory features on Item No. 15. He related: Item 16 talks about vari- ous issues and the City Attorney had put together basic components and 16 options; another item was to go back and examine the partnership of the appli- cants and determine the depth of the team and find them substantial in terms of their financial holdings; Bill Poland and Hollywood Park have submitted a letter of intention that spells out a stronger nature of partnership; the partnership will be prepared on the cardroom assumption and proceeds, will take title of the property and proceed with the documents; the cardroom is the dominant force in the project and could be the engine that drives the clean up of the site; broadening the site to the property that lies to the east of 101, north of 101 and excluding the Kohl property; there are other properties that could produce a site for the card club should they run into difficulties in cleaning up the site; the objective is to place the gaming, the retail on the Shearwater site and proceed. Mayor Yee asked, was he hearing that in the event they encounter difficulties they will move the casino east. City Manager Wilson replied no, the intent was always to put the cardroom on the Shearwater site and it be linked up to the clean up of the site. He stated that following the City Attorney will be the Director of Economic & Community Development with an updated schedule on how staff sees the project proceeding. Mayor Yee stated, instead of a lengthy thing, the Council should discuss whether they want an elec- 6/14/95 Page 6 ADMINISTRATIVE BUSINESS Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. SUBMITFING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER CARD CLUBS SHALL BE ALLOWED IN SOUTH SAN FRANCISCO; ESTABLISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DI- RECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES; AND AU- THORIZING THE FILING OF AN IMPARTIAL ANALYSIS 4) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON FOR THE PURPOSE OF SUB- MITRING TO THE ELECTORS A BALLOT MEA- SURE REGARDING WHETHER BINGO AND CARD CLUBS SHALL BE ALLOWED IN SOUTH SAN FRANCISCO; ESTABLISHING HOURS DUR- ING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SER- VICES; AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS 5) A RESOLUTION CALLING A GENERAL MU- NICIPAL ELECTION TO BE HELD ON NOVEM- BER 7, 1995; SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVEL- OPMENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER CHAPTER 6.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO CARD CLUBS SHOULD BE AMENDED AS PRO- POSED; REQUESTING CONSOLIDATION OF SAID MUNICIPAL ELECTION; ESTABLISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION ADMINISTRATIVE BUSINESS tion or not and does Council want to hear a staff report. Councilman Fernekes stated he wanted a staff re- port. Councilwoman Teglia stated she wanted a staff re- port. City Attorney Mattas stated the Council had request- ed, at the last meeting, that it be given available options encompassing two major components. The first was a general plan amendment to permit gam- ing which staff would be directed to process and would not include an election, just a land use proce- dure. The second option is for the Council, itself, to place a general plan amendment to permit gam- ing, an initiative to address the issues raised in the Town Hall meetings and Council meetings taking place to date. He spoke briefly of the five options summarized in the report. Councilwoman Teglia stated there was one issue throughout the report that set off a lot of red flags, which the Attorney was right to include, however, that has not been given serious consideration by the Council and that aspect should be eliminated from the document so people do not get excited. Mayor Yee stated that bingo should not be part of the discussions. Councilman Drago stated he had a problem with bingo being included, the issue is a card club casino, and he was not prepared to consider any of those options only because of that. Mayor Yee questioned if the special election meant there will be a special election in September and a general election in November. Councilman Fernekes stated bingo was not an op- tion, but Council did ask for all options and the cardroom has to stand on its own merit. Councilwoman Teglia stated it was pointed out the churches and the Boys and Girls Clubs have money in the bank because of bingo and there seems to be built in resistance for the City to consider the 6/14/95 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. SERVICES; AND AUTHORIZING THI~.FILING OF AN IMPARTIAL ANALYSIS 6) A RESOLUTION CALLING A GENERAL MU- NICIPAL ELECTION TO BE HELD ON NOVEM- BER 7, 1995; SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVEL- OPMENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER CHAPTER 6.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO CARD CLUBS SHOULD BE AMENDED AS PRO- POSED; WHETHER BINGO SHOULD BE AL- LOWED IN SOUTH SAN FRANCISCO; RE- QUESTING CONSOLIDATION OF SAID MUNIC- IPAL ELECTION; ESTABLISHING HOURS DUR- ING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SER- VICES; AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS 7) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON , FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVELOP- MENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER CHAPTER 6.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO CARD CLUBS SHOULD BE AMENDED AS PRO- ADMINISTRATIVE BUSINESS same gaming revenue through cards. City Attorney Mattas stated the exclusion of bingo took eight options away and spoke in detail on the options available: amend the General Plan and the East of 101 component to permit a gaming club East of 101; if the Council desires to go without an elec- tion there can be a motion to have staff proceed with the General Plan which will involve public hearings and an EIR; Option 1 is to ask the voters "shall gaming cardrooms specifically be allowed" as a general question; Option 2 is to have the Council place its own measure on a special or general election to ask if a new card club should be allowed at or near the Shearwater site, this is an extension of Option 1 and site specific, but would require a General Plan Amendment and a rezoning to be implemented; there were 16 resolutions set forth in the agenda that take four basic forms which he described and each had two implementations - one with bingo and one without and the Council had said without bingo; Option 3 would be to present the question to the public "shall the General Plan be amended to allow cardrooms at or near the site" and would still require an election and has the benefit to amend the General Plan, Policy 47 and the zoning; required is a conditional use permit, a full EIR and an owner participation agreement; Option 4 builds on 3 and also adds in that the cardroom, 62 page ordinance referred to in the Town Hall Meetings by the Police Chief, would also be placed in the mea- sure before the voters; the General Plan amendment could only be changed by an election of the people and the only thing the Council can change is the wording of the card club ordinance; a special elec- tion could be held on September 12th or place the measure on the general municipal election on No- vember 7th. Mr. Pat Nobis, 125 Aldenglen Dr., stated he hoped the Council made the decision itself rather than let the public decide the issue. Mr. Lou Dell'Angela stated Council had deleted the reference to bingo, but questioned how it got on the documents for there is no comparison with a card- room and its money laundering and follow-home robberies. He stated a special election makes no sense, because the City has a general election in 6/14/95 Page 8 A~ENDA A~TION TAKEN ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. POSED; ESTABLISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DI- RECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES; AND AU- THORIZING THE FILING OF AN IMPARTIAL ANALYSIS 8) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON , FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVELOP- MENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER CHAPTER 6.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO CARD CLUBS SHOULD BE AMENDED AS PRO- POSED, AND WHETHER BINGO SHOULD BE ALLOWED IN SOUTH SAN FRANCISCO; ES- TABLISHING HOURS DURING WHICH POLL- ING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO REN- DER ELECTION SERVICES; AND AUTHORIZ- ING THE FILING OF AN IMPARTIAL ANALY- SIS 9) A RESOLUTION CALLING A GENERAL MU- NICIPAL ELECTION TO BE HELD ON NOVEM- BER 7, 1995; SUBMITTING TO THE' ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVEL- OPMENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; RE- ADMINISTRATIVE BUSINESS November which is where the measure should be placed. He stated there is no guaranty that the developer won't move the cardroom to a particular area and avoid contaminated soils. He asked, does at or near the Shearwater site, mean that at Serra Point or the Gateway or at Oyster Point a cardroom can be approved. He continued: he feels the ballot measure should be simple and not remove the environmental process; he received a telephone call last week with a survey of how he felt about a cardroom, about Teglia and Yee; who is paying for the surveys for someone asked and was told it was the City; he also was asked about Mr. DeBartoli and how he felt about him, and responded that he was a rich man from Pittsburgh; if Mr. DeBartoli was involved, then we are not talking about Southern California money, but out of State -- big money; the people deserve to vote in November with honest opinions on both sides on this particular site; he did not want the Council to get cute or clever, just put it to the people and if anyone wants to endorse or oppose the cardroom they can through the ballot. Councilwoman Teglia stated she did not believe this City has paid for any surveys and could not control other agencies. Mayor Yee questioned if the City Manager had commissioned any surveys and felt the area at or near the Shearwater could be pinpointed better. Mr. Manny Madriaga expressed his concerns and observations: that the staff report was delivered during the Council meeting rather than last Friday night; staff presentations on the cardroom proposal, even though intended to be neutral, as time went on the presentations became more polished and more feeling was displayed so, the net effect was heavy weighted for the casino proposal; there were no studies made on impacts on the victims of gamblers and their families; information on the Bay 101 and Garden City Clubs should have been cited on the increasing social victims of gambling in the City of San Jose; he proceeded to read an article on the effects of gambling on the young and old, rich and poor through increased crime; he believes the people deserve to cast their vote in an election on 6/14/95 Page 9 AQENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. QUESTING CONSOLIDATION OF SAID MUNIC- IPAL ELECTION; ESTABLISHING HOURS DUR- ING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SER- VICES; AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS 10) A RESOLUTION CALLING A GENERAL MU- NICIPAL ELECTION TO BE HELD ON NOVEM- BER 7, 1995; SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT NEW CARD CLUB AND COMMERCIAL DEVEL- OPMENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER BINGO SHOULD BE ALLOWED IN SOUTH SAN FRANCISCO; REQUESTING CON- SOLIDATION OF SAID MUNICIPAL ELECTION; ESTABLISHING HOURS DURING WHICH POLL- ING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO REN- DER ELECTION SERVICES; AND AUTHORIZ- ING THE FILING OF AN IMPARTIAL ANALYSIS 11) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON , FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVELOP- MENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; ES- TABLISHING HOURS DURING WHICH POLL- ING PLACES SHALL BE OPEN; DIRECTING ADMINISTRATIVE BUSINESS this issue and have an impartial analysis. City Attorney Mattas stated the Council will direct him to prepare an impartial analysis. Ms. Beverly Boblitt related: she had been called, in conjunction with the survey, and found it interest- ing they wanted to know what she thought about Yee and Teglia; she told them, right now she was not agreeing with them, but they did not ask about the rest of the Council; when she asked who was paying them the girl said she thought it was the City; the girl asked her what she thought of Mr. DeBartoli and she told her she thought he owns the 49ers; she applauded the Council for putting this issue on the ballot, and hopes they will do that; win or lose she will deal with that; they mentioned a name she did not recognize; they asked her age and how much money she made and whether she was gay or lesbian; it was a strange interview; she asked the girl if she got a lot of answers and she said no most people hang up on her. Mr. Jake Jones related: he is a long term resident; has seen a lot of Council people elected to represent the people; over two years ago he signed Mr. Yee's nomination papers, but he has never been elected; he trusted him, but now has a few doubts; the Council was elected to do the best to provide services to this City and this project will bring in revenue and the City won't have to go to tax assessments; the Cham- ber of Commerce voted 10 to 4 for the cardroom, and he thinks they speak for the City and read from a Chamber bulletin on the rational for the vote in favor - jobs, revenue and clean-up of toxic waste; most objections are based on social or moral reasons and the Chamber did not feel those were things for them to comment on; the Chamber strongly suggest- ed it be put on a special September election. Mr. Roger de Lusignan, President of the Chamber of Commerce, thanked Mr. Jones for reading the Chamber's position paper on the proposal. He stated the Board put the proposal out to the business community because generally the Board does not vote in the community, however, there were dissent- ing votes. Mr. Dell'Angela stated the dissenting vote was 6/14/95 Page 10 AGENDA ACIIQN TAKEN %~'~1' ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO REN- DER ELECTION SERVICES; AND AUTHORIZ- ING THE FILING OF AN IMPARTIAL ANALYSIS (Cassette No. 2) 12) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON , FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER GENERAL PLAN POLICY 47, THE EAST OF 101 PLAN, AND TITLE 20 OF THE MUNICIPAL CODE SHOULD BE AMENDED TO PERMIT A NEW CARD CLUB AND COMMERCIAL DEVELOP- MENT IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO WHETHER BINGO SHOULD BE ALLOWED IN SOUTH SAN FRANCISCO; ESTABLISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES; AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS 13) A RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON NO- VEMBER 7, 1995, SUBMITTING TO THE ELEC- A BALLOT MEASURE REGARDING WHETHER ANY NEW CARD CLUBS SHALL BE ALLOWED IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULE- VARD AT OR NEARBY THE SHEARWATER/ U.S. STEEL SITE IN SOUTH SAN FRANCISCO; REQUESTING CONSOLIDATION OF SAID MU- NICIPAL ELECTION; ESTABLISHING HOURS DURING WHICH POLLING PLACE SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SER- VICES; AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS ADMINISTRATIVE BUSINESS because people thought there was no clear business consensus either way and there were concerns cen- tered around the controls that would be in place and how this would affect the downtown and the labor pool. Rev. Michael Coots stated he was alarmed by the responses that the local churches were legislating morality, which is not what people are trying to do. There already is an ordinance that forbids the build- ing of new cardrooms. He wants the voters to be allowed a voice through the election process. He stated the Ministerium is not coming here with a holier than thou attitude, but was trying to repre- sent the people of their churches to the Council. He asked that the Council do the responsible thing by having the vote be in the general election in Novem- ber. Councilwoman Teglia stated there were 30 churches, all were contacted on this issue and many felt what Rev. Coots was doing was wrong and would not be a part of it. She respected Rev. Coots's position for his church, but thinks it is wrong to represent oneself as "the" religious leader, because there is disagreement amongst the 30 churches. She stated Rev. Coots was entitled to his opinion, but she did not agree and did not want him or her own religious leaders telling her what to do. Discussion followed: the purpose of the ordinance was to not have cardrooms on Grand Avenue or other important residential areas; it was Councilman Drago who made the comment about separation of church and State and truly believed you cannot legislate morality nor had it ever been an issue on Grand Avenue; Councilman Drago could respect people wanting to vote on the issue, however, he has a problem dealing with hypocrites and carpet- baggers, etc. Mr. Juan Piearres, 2601 Mission St., stated he publishes a Spanish newspaper and is involved in the Hispanic community. He felt that it should be put before the voters in November and the card- room operation be opened up to bidding by others for selection of a cardroom operator. Otherwise this is a cooked up deal for Hollywood Park and staff 6/14/95 Page 11 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. 14) A RESOLUTION CALLING A GENERAL MU- NICIPAL ELECTION TO BE HELD ON NOVEM- BER 7, 1995, SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER ANY NEW CARD CLUBS SHALL BE ALLOWED IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYSTER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER BINGO SHOULD BE PERMISSIBLE IN SOUTH SAN FRANCISCO; REQUESTING CONSOLIDA- TION OF SAID MUNICIPAL ELECTION; ESTAB- LISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; RE- QUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES; AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS 15) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS A BALLOT MEASURE REGARDING WHETHER NEW CARD CLUBS SHALL BE ALLOWED IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYS- TER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; ESTABLISHING HOURS DURING WHICH POLLING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO RENDER ELECTION SERVICES; AND AU- THORIZING THE FILING OF AN IMPARTIAL ANALYSIS 16) A RESOLUTION CALLING A SPECIAL MU- NICIPAL ELECTION TO BE HELD ON FOR THE PURPOSE OF SUB- MITTING TO THE ELECTORS A BALLOT MEA- SURE REGARDING WHETHER NEW CARD CLUBS SHALL BE ALLOWED IN AN AREA EAST OF HIGHWAY 101 AND NORTH OF OYS- TER POINT BOULEVARD AT OR NEARBY THE SHEARWATER/U.S. STEEL SITE IN SOUTH SAN FRANCISCO; WHETHER BINGO SHOULD BE ADMINISTRATIVE BUSINESS needs to do an extensive research on the Corporation stockholders. He spoke of lawsuits and Hollywood Park's relationship with the Mayor of Inglewood and legal action concerning the matter. The Mayor of Inglewood has been found in violation of the FPPC to the tune of $72,000 which staff should investigate. Councilwoman Teglia did not know what was prom- ised in Inglewood, but Hollywood Park employs 40% of the workers from Inglewood and receive one million dollars in payroll. She is concerned that our residents get first crack at the jobs and wants to see some language incorporated. She feels this City has done a tremendous amount of due diligence to investigate and share that information with the whole community. She stated the City does not intend to open this to everyone through a bidding process, and the application was a development proposal on the site and this is one aspect and is not opening the City to more gaming. Councilman Penna noted: there are presently two cardrooms privately owned who are making a contract for one license; the operators came to the City to expand on the existing ordinance; this is not a situation where the City is granting a franchise; we are allowing the existing two entities to expand as one with Hollywood Park. Vice Mayor Drago related: a land owner is putting up a proposal to the City to develop a project within the property; the developer hopes to build a cardroom facility; the developer could change tomorrow; the City is not collecting cardrooms and is not in a bidding war for this is a private develop- ment; the developer will come to the City for per- mits if this materializes; this involves planning and the gaming ordinance; Council has not made any decisions. Councilwoman Teglia related: she is aware negoti- ations have taken place, but she is not aware of any conclusions being reached by the cardroom owners and it is possible it can end up with one cardroom but, maybe not. Mr. Pierarres stated Hollywood Park made a corn- hall for 14,000 to 15,000 people which never 6/14/95 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. PERMISSIBLE IN SOUTH SAN FRANCISCO; ES- TABLISHING HOURS DURING WHICH POLL- ING PLACES SHALL BE OPEN; DIRECTING THAT NOTICE OF SAID ELECTION BE GIVEN; REQUESTING THE COUNTY CLERK TO REN- DER ELECTION SERVICES; AND AUTHORIZ- ING THE FILING OF AN IMPARTIAL ANALYSIS ADMINISTRATIVE BUSINESS materialized. Mr. Pat Nobis, 125 Aldenglen Dr., stated he was part of the opinion poll and was told that Hollywood Park was responsible for the poll. They asked him: about all of the Council, State Senator, Jackie Speier and the Board of Supervisors; his major concerns are education, public protection, crime and the development of the cardrooms; they questioned whether he considered the Council's opinions credi- ble; he responded yes, as long as they agree with his. Councilwoman Teglia stated she was concerned about there being a barrage of surveys being made rather than this one survey being made. Mr. Jim Claar, 717 Circle Court, related: recently Palo Alto, Sunnyvale and Cupertino adopted ordi- nances against cardrooms; there have been 26 elec- tions of which 21 were defeated, so apparently the voters are against cardrooms and suggested the issue be given to the voters. He thanked the Council for removing the bingo issue. Councilwoman Teglia related: Council has been diligent in developing information to evaluate the proposal even with the ramifications because of the broad issues; this was shared with the community through Town Hall meetings that became more polished over the nine meetings held; questions raised at the meetings were answered at the next meeting; Council asked for a number of options and suggestions on how to go about it; staff has present- ed the widest range of options tonight; the com- munity elected this Council to make decisions; she explained what happens after January 1st where if a city does not have an ordinance in place then it will take a 2/3 vote of the people; she thought it best for Council to authorize a measure for the ballot in November, however, she will vote against it because she feels it should be to elect leaders for the next four years; it bothers her to see one issue candidates come forward and ride the waves with one issue, the cardroom, and then you have them for four years and they don't necessarily perform; she would like to make a motion for a special election, but that would mean the taxpayers would have to bare the cost and asked if the proponents of the proposal, 6/14/95 Page 13 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS 16. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. ADMINISTRATIVE BUSINESS Bay West Group and Hollywood Park, would pay for the special election. Mayor Yee called a recess at 9:45 p.m., to allow Mr. Poland to confer with Hollywood Park. Mayor Yee recalled the meeting to order at 10:07 p.m., all Council was present. ADMINISTRATIVE BUSINESS Ms. Jan Pont, 111 Belmont Ave., stated she opposes a special election and would rather see it on the November regular election, because she did not believe it was right for the Council to ask the people to pay for a special election nor the developer. Mr. Bill Poland, Bay West Group, stated he is the developer of the Shearwater site which will be the land on which the cardroom casino will be built. Based on the Council suggestion, of their paying the cost of the special election, he is in favor of doing it, but wants to make it clear to the audience that any perception that -- well, first of all the ordi- nance is very clear there can be no contributions made to any of the members of Council and ties into the fact they are reluctant to do this. But, provided that the bills, invoicing and costs are reasonable and general they are in favor of paying for the special election. Mayor Yee asked the City Clerk for a cost estimate of a special election. City Clerk Battaya stated she estimated the cost to be between $35,000-$40,000. Mr. Poland stated they would accept the estimated costs. Councilwoman Teglia stated she wanted to make a motion for acceptance of Resolution Item//7 as set forth on pages 75-80 of the staff report and asked the City Attorney if that was all that was necessary to place it on the ballot. City Attorney Mattas stated yes, but she must speci- fy the date of the special election and the minimum number of days out the Council can go is 88 days 6/14/95 Page 14 AGENDA ACTION TAKEN 191 ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. ADMINISTRATIVE BUSINESS from the call of the election, so the earliest Tuesday is 9/12/95. Councilwoman Teglia stated she will incorporate that date, 9/12/95, as the special election. City Attorney Mattas asked that the Council add to the resolution, direction to the City Attorney for the ballot title. City Clerk Battaya stated that by doing this tonight, Friday is the deadline to get the resolution to the Board of Supervisors, so the resolution adopted tonight must have the ballot question incorporated into the resolution. City Attorney Mattas stated he had drafted two ballot questions, one of which would apply to Op- tion 7, "Shall the South San Francisco General Plan and Municipal Code be amended as proposed to allow a card club in the area of S.S.F. East of High- way 101 and north of Oyster Point Boulevard at or near the Shearwater/U.S. Steel site, at which games permitted by law such as draw-poker, low-ball poker and panguingue (pan) are played and to increase regulation of card clubs". MIS Teglia/Drago - For acceptance of Agenda Item 16 Option #7, as set forth on pages 75-80 of the staff report, to set 9/12/95 as the date of the special election; and add the ballot question to Resolution No. 7, "Shall the South San Francisco General Plan and Municipal Code be amended as proposed to allow a card club in the area of S.S.F. East of High- way I01 and north of Oyster Point Boulevard at or near the Shearwater/U.S. Steel site, at which games permitted by law such as draw-poker, low-ball poker and panguingue (pan) are played and to increase regulation of card clubs". Councilman Penna stated he must abstain on the vote on all but items 1 through 4 because the FPPC says there is a conflict of interest due to his being a realtor. He noted: the existing cardrooms in San Bruno and Colma, as well as two on Grand Avenue that have existed for many years; people enjoy play- ing cards for it is a social thing, a game of skill where people put up money between the individual players; the two Grand Avenue cardrooms could be 6/14/95 Page 15 AGENDA ACTION TAKEN 19'- ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. ADMINISTRATIVE BUSINESS mixed into the Shearwater cardroom with Holly- wood Park and it will move the use into an area of town, which in his opinion, is not as intrusive as where the two cardrooms are now; etc. Councilman Fernekes related: he found staff's investigation very thorough and comprehensive, appreciated their taking a neutral position in the presentation and found it to be outstanding; he had listened and read all having to do with support and opposition to the cardroom proposal; he cannot turn his back on the opportunity this holds for the com- munity, such as jobs, the toxic cleanup and the revenue during a time of declining revenues; the developer is paying for the election which will not cost the taxpayers a dime; etc. Vice Mayor Drago related: Councilman Penna's comments were valid for he had felt that way earli- er; he thinks the community will become pulverized by the election and recognizes it would end up on the ballot with a referendum if the Council did not place the measure on the ballot; his dilemma was a special election rather than a general election which is basically money and that has been answered and he can support this; he never considered a differ- ence of opinion as a cause for withdrawing from a friend; hypocrites and carpetbaggers will be coming into the City and he hopes they still remain friends and it doesn't become a civil war and the general public votes their conscience; credibility has to enter this issue, the question of recall, and the three opponents who have been very vocal in using the word recall will have to put up or shut up; it is on the ballot, which everyone is asking to have done; etc. Mayor Yee related: people are right back attacking other people, personally, he tries to stay away from being too serious because life goes on; he just came back from vacation and the cardroom was the far- thest thing from his mind, but when you stay in the forest too long you can only see the trees; whether a person was a friend of his or not he respects their opinion for he truly believes his convictions whether others disagree or not, because he has no hidden agenda; etc. Discussion followed: the difference between 13 and 6/14/95 Page 16 AGENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS 6. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. PUBLIC HEARINGS 15. Public Hearing - Regulations for Card Clubs; Con- duct Public Hearing; Motion to waive reading and introduce an ordinance on card clubs. .56~O AN ORDINANCE AMENDING CHAPTER 6.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL ADMINISTRATIVE BUSINESS 7 is a general vs. a special election which includes the entire card club ordinance and general plan amendment for the voters to decide; and Item 7 also includes the proposed ordinance; there would be a reimbursement agreement with Hollywood Park for the special election costs; whether Hollywood Park and Bay West Group would make a predeposit to cover the election; Councilwoman Teglia wants a guaranteed preference for employment for S.S.F. residents written into the ordinance that will go with the ballot measure; the City Attorney will place that language in the ordinance; if the measure is passed it will amend the General Plan, zoning and card club ordinance; the City is not in a posi- tion to require that Hollywood Park just hire S.S.F. residents, but could put in a provision to require them to give preferential treatment to qualified applicants and put that in the purpose and intent part of the ordinance rather than in the regulatory sec- tion; if Hollywood Park does not give preferential treatment to residents can the Council revoke the permit or license; the word preferential is internal in that to the extent we require them to do this we are not violating a constitutional right; if the measure passes the City can enter into a conditional use permit for an agreement to solidify what it is the Council wants to have happen and is a negotiated contract giving the right to use the land; etc. Discussion followed: to discuss 15 before acting on this matter; the Council can chose to do nothing tonight on 15 and include it in the measure; Council can chose to waive reading and introduce the ordi- nance. MIS Teglia/Drago - To table the Motion until after Item 15 has been deal with. Carried by majority roll call vote, CoUncilman Penna abstained. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Police Chief Raffaelli highlighted the ordinance that deals with permits, licensing and revenues on cardrooms as directed by the City Council. 6/14/95 Page 17 A~ENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. CODE RELATED TO REGULATIONS FOR CARD CLUB 194 PUBLIC HEARINGS Mayor Yee stated he should open the Public Hear- ing. City Attorney Mattas stated this item was noticed as a Public Hearing, but there is a procedural issue that the Council may wish to consider. If this issue is placed on the ballot as an initiative, including this ordinance, the Council is not statutorily required to hold a Public Hearing because they are not then imposing a tax, the electorate is imposing a tax. If this ordinance is placed on the ballot then the Council is not statutorily required to impose a tax for the Council has the ability to change the ordi- nance. Councilwoman Teglia stated it was her intention to have it as part of the ballot measure. Mayor Yee commented so, this is just a proposed ordinance that is going on the ballot. Police Chief Raffaelli continued going through the staff report in great depth. He concluded by saying if the police need further control they will come back to the Council for an amendment to the ordi- nance. City Clerk Battaya asked the City Attorney, if this ordinance is passed by the people as it reads, can the Council change it when it was a vote of the people. City Attorney Mattas stated, by State law, if the implementing initiative provides the authority to the Council to make amendments, they may. The initia- tive as drafted and identified in Initiative No. 7 does give the City Council the authority to amend this card club ordinance only - not the General Plan amendment nor the East of 101 Plan amendment. Discussion followed: Mayor Yee questioned who issues the valid card club license and occupancy permit; City Attorney responded, the Council would grant a card club license, but that would not become effective until they have a card club operators certif- icate for security and other things like the occupancy certificate; the operations certificate goes to the physical characteristics; procedures to be followed; Director of Finance Brooks covered the sections of revenue flow of the cardroom operations; etc. 6/14/95 Page 18 AGENDA ACTION TAKEN .... PUBLIC HEARINGS 5. Public Hearing - Continued. 6/14/95 Page 19 PUBLIC HEARINGS Mr. Lou Dell'Angela questioned where in the ordi- nance does it say the ordinance can be amended, and if it can be amended why put it to the people when the Council can later amend the ordinance. The ordinance also says there are going to be 150 tables in the City and if the Council can change that then the City may as well change the sign from the "In- dustrial City" to the "Gambling City". The ordi- nance also reads that the Council can approve any other cardroom from there on in. He suggested the ordinance be changed to read that a majority of the electors may change the ordinance by a vote, not the Council to later say there can be 200 tables. City Attorney Mattas stated the measure is written with 150 tables, but yes, a Council can change that but there will be a General Plan amendment as well. Councilman Drago asked what can be done to clari- fy that so it doesn't happen and has to go to a vote of the electorate again. City Manager Wilson related: one of the concerns of that is if the Police Chief had a problem with security or something regulatory, it would require a vote of the people. Councilwoman Teglia stated the Council can take care of the Police Chief's problems by adding to the ordinance, but not deleting from the ordinance. Discussion followed: this will create confusion; City Attorney Mattas suggested, instead of amending the card club ordinance amend the East of 101 Plan to "one card club of not more than 150 tables that can only be amended by the electorate if they ap- prove it"; that language change would satisfy Mr. Dell'Angela; put it, "if approved by a majority of the electors"; City Attorney felt to include that would have a layer of confusion because the mea- sure says that will be done by the Council; if it is done by the electoral, then the Council will be with- out authority and would not have authority of laws in Court and the Judge would rule with the General Plan; Mr. Dell'Angela stated everyone has a con- cern on political influence and the ordinance should say, particularly elected officials shall not be allowed to be employed by the club or have points or shares of the club five years after they AGENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. 16. Discussion and adoption of one or more of the fol- lowing resolutions on cardrooms - Continued. auncilwoman Teglia Left the Meeting: i95 PUBLIC HEARINGS leave office because there is a possibility that maybe one of the two people running for election may not be a Councilperson or future one; Councilwoman Teglia asked Mr. Dell'Angela if he would work for anyone at Shearwater as long as he lived in S.S.F.; Mr. Dell'Angela stated he had been offered employ- ment, but was not for sale; the present ordinance language prohibits City officials and members of their immediate families from applying for card club licenses or being an employee; there is similar five year language being proposed in State legislation; why wasn't there a provision for the card club to pay any gross licensing tax, because the way it reads the tax only kicks in after the card club surpasses the $6 million figure; Councilwoman Teglia felt the ordinance as worded was fair, because they have to put up $600,000 before they make a dime and that is required six months before they open their doors; in other cities the business license tax is up front plus tax; the ordinance is felt to be conservative and proactive by the Police Chief; is a tool to keep the level of services up with additional officers and offers the police all the protection needed; State Attorney General's Office will not issue a license until operator has license from the City; amend Section 6.36.010 of the ordinance, include Subsec- tion D on the card club license(s) and give preferen- tial treatment for residents for employment; add that an annual report be given to Council; City Attorney add that to the OPA; contamination of soil is a factor if the Redevelopment Agency puts up the money, will it be reimbursed; Redevelopment funds can be used and they will be handled in the OPA; off-site improvements use Redevelopment funds; Mr. Poland plans to pay for the remedial work; etc. M/S Teglia/Drago - To approve resolution 7, chose 9/12/95 as the date of the special election with the ballot question discussed and Section 6.36 amended on the hiring issue. RESOLUTION NO. 49-95 Carried by majority roll call vote, Councilman Penna abstained. Councilwoman Teglia left the meeting at 12:00 a.m. and did not return. 6/14/95 Page 20 AGENDA ACTION TAKEN PUBLIC HEARINGS Public Hearing - West Park 1 & 2 Parks and Park- ways Maintenance District; Conduct Public Hearing; resolution approving Engineer's Report, confirming diagram and assessment and levy of assessment for fiscal year 1995-96. .532,..5 A RESOLUTION APPROVING ENGINEER'S RE- PORT, CONFIRMING DIAGRAM AND ASSESS- MENT, ORDERING LEVY OF ASSESSMENT OR FISCAL YEAR 1995-96 FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 & 2 PARKS AND PARKWAYS MAINTENANCE DIS- TRICT 13. Public Hearing - West Park 3 Parks and Parkways Maintenance District; Conduct Public Hearing; reso- lution approving Engineer's Report, confirming diagram and assessment and levy of assessment for fiscal year 1995-96. ._~39,.~ A RESOLUTION APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND AS- SESSMENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1995-96 FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT 14. Public Hearing - Willow Gardens Parks and Park- ways Maintenance District; Conduct Public Hearing; resolution approving Engineer's Report, confirming diagram and assessment and levy of assessment for fiscal year 1995-96. A RESOLUTION APPROVING ENGINEER'S RE- PORT, CONFIRMING DIAGRAM AND ASSESS- MENT, ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 1995-96 FOR THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DIS- TRICT PUBLIC HEARINGS Mayor opened the Public Hearing. Director of Park, Recreation & Community Services Nagel gave a brief staff report and related that due to a 1983 class action suit 104 property owners assessments were reduced to zero by the Court. Mayor Yee invited those wishing to speak on the item to step to the dais, no one did and he closed the Public Hearing. M/S Penna/Fernekes - To adopt the Resolution. RESOLUTION NO. 50-95 Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. Director of Parks, Recreation & Community Ser- vices Nagel gave a brief staff report. Mayor Yee invited those wishing to speak on the item to step to the dais, no one did and he closed the Public Hearing. M/S Penna/Drago - To adopt the Resolution. RESOLUTION NO. 51-95 Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. Director of Parks, Recreation & Community Servic- es Nagel gave a brief staff report. Mayor Yee invited those wishing to speak on the item to step to the dais, no one did and he closed the Public Hearing. Councilman Penna asked what could be done to address Mr. Pat Nobis' problems with Willow Gar- dens that disturbs his peace and welfare. City Manager Wilson stated staff would review this during the planning process. M/S Penna/Fernekes - To adopt the Resolution. 6/14/95 Page 21 PUBLIC HEARINGS ¢. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 17. Resolution of award of contract to John Carollo Engi- neers, Inc. for engineering services for the evaluation of the Wastewater Treatment Plant. ,5~0 ~'7 A RESOLUTION AUTHORIZING AN AGREE- MENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND JOHN CAROLLO ENGI- NEERS, INC. TO PROVIDE ENGINEERING SER- VICES FOR THE EVALUATION OF THE SOUTH SAN FRANCISCO/SAN BRUNO WASTEWATER TREATMENT FACILITIES ITEMS FROM COUNCIL OOD AND WELFARE PUBLIC HEARINGS RESOLUTION NO. 52-95 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Discussion followed: City Manager Wilson ex- plained the current and future tasks for future ex- panded capacity of the Plant; Mayor Yee and Vice Mayor Drago met with San Bruno officials who agreed with the study for San Bruno is S.S.F.'s partner and is questioning the expenses; etc. M/S Fernekes/Penna - To adopt the Resolution. RESOLUTION NO. 53-95 Carried by unanimous voice vote. ITEMS FROM COUNCIL Mayor Yee related: during construction and rough grading of Gaul Dr., between Oyster Point Marina and Forbes Blvd., garbage was discovered on Oyster Point and in the Marina; whose fault is it; why didn't the soils engineer find the problem in 1989 when Harding Larson was boring to see how far the underground landfill garbage went and why didn't they take care of the job; staff should see if they can get a commitment from UPS to clean up their portion. City Manager Wilson stated staff is not trying to assess blame at this point, but was looking to recap- ture the City's out-of-pocket cost of $50,000 and perhaps a larger section in the road to be recapped for strength. Mayor Yee complimented the landscaping on Air- port and Grand and asked who maintains it. Vice Mayor Drago stated it had been dedicated to Gus and Environmental Care had taken over the maintenance for free. GOOD AND WELFARE No one chose to speak. 6/14/95 Page 22 AGENDA ACTION TAKEN ADJOURNMENT: M/S Penna/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:10 a.m. RESPECTFULLY SUBMITYED, Barbara A. Battaya, City Clerk C~/ City of South San Francisco APPROVED. Robert Yee, Mayor City of Soutt 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. 6/14/95 Page 23