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HomeMy WebLinkAboutMinutes 1995-05-24 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes '--lohn R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room 1 4¥' May24, 1995 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MAY 24, 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 24th day of May 1995, at 7:05 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, Assistant City Manager, Director of Personnel and Labor Negotiator on labor matters and the employee organizations are: Police, Fire, Management and Confidential, AFSCME and Operating Engineers. Dated: May 18, 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, -.re, Management and Confidential, ASFCME and Oper- lng Engineers. RECALL TO ORDER: ACTION TAKEN 7:12 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. Council adjourned to a Closed Session at 7:13 p.m. to discuss the item noticed. Mayor Yee recalled the meeting to order at 7:34 5/24/95 Page 1 RECALL TO ORDER - Continued. ADJOURNMENT: p.m., all Council was present, no action was taken and direction was given. M/S Fernekes/Teglia - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:35 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk~/ City of South San Francisco APPROVED. Robert Yee. Mayor City of Sou-h San Francisco The entries of this Council meeting show the action taken by the City Council ~o dispose of an item. Oral communica- d . tions, arguments and comments are recorded on tape. The tape and documents related to the ~tems are on file in the Office of the City Clerk and are available for inspection, review and copying. 5/24/95 Page 2 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes -John R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room May 24, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS '--roclamation - Water Awareness Month Proclamation - Olga Lovi RECESS: RECALL TO ORDER: AGENDA REVIEW 'RAL COMMUNICATIONS ACTION TAKEN 7:34 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. The Pledge was recited. Reverend Neeley, Grand Avenue Baptist Church, gave the invocation. PRESENTATIONS Mayor Yee read the Proclamation aloud and pre- sented it to Ms. Marie Yoschak of California Water Service. M/S Teglia/Fernekes - To add a Proclamation for Olga Lovi to the Agenda. Carried by unanimous voice vote. Councilwoman Teglia read the Proclamation aloud and presented it to Ms. Olga Lovi. Mayor Yee declared a recess at 7:46 p.m. for a brief reception for Ms. Lovi. Mayor Yee recalled the meeting to order at 8:00 p.m., all Council was present. AGENDA REVIEW City Manager Wilson stated he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Mr. Robert C. Stevens, 2435 Tipperary, stated several nights ago there was a phone call from a 5/24/95 Page 1 AGENDA ACIIQN TAKEN __ORAL COMMUNICATIONS 5/24/95 Page 2 ORAL COMMUNICATIONS member of the Westborough Homeowners Improve- ment Association. The member said that the neigh- bor in back, who is on a hillside, was building a room out beyond the house that looked down at his backyard. The Association went out and observed the addition. There was another structure on the property that appeared to be well built with cement footings, a roof and walls and it extends out half way over the easement. He made a phone call to the homeowner who said his addition was perfectly legal, and he asked con- struction be held up and to comply with the DCC&Rs. The homeowner said he would not, be- cause the City gave him a permit. So, the only thing the Association can do is get a cease and desist order. He just came from an emergency Association meeting where there was an order to proceed with the cease and desist order. He felt it was ludicrous for the Association to be put in this position because the City issued a permit without first getting approv- al from the Association. He understands that City staff is over worked. The plans were made available for his perusal but there is a Board of Directors of the Homeowners Assn. and the plans were made available by the inspector between nine and ten that morning. He was sure the City does not want to pick up his wages for three hours to check out the plans so, once again they have inadvertently or advertently bumped heads. The owner of the property is required to get permis- sion from the Association, which he did not - he went to the City Building Division and got the per- mit. He did not like signing checks for the Attorney to bring this case into Court. He stated there is to be a meeting with the City Manager and members of the Association, he hopes, to develop a solution to this problem. Mayor Yee stated Mr. Stevens spoke of this at the last meeting and he thought the City Manager and staff were going to look at whether the City has an obligation to issue a permit or hold up the permit. He had a letter from the previous Manager and Mr. Stevens disagreed with his opinion, which is one issue and the second is to meet and understand how the process should work out. AOENDA ACTION TAKEN ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 4/26/95, Special Meeting of 5/01/95 and Special Meeting of 5/02/95. 2. Motion to confirm expense claims of 5/24/95..~0 13 3. Resolution of award of contract for engineering ser- vices for the Linden/Baden/Airport Boulevard. A RESOLUTION OF AWARD OF DESIGN CON- TRACT TO UPGRADE SIGNALS AT THE INTER- SECTION OF LINDEN/BADEN AVENUES AND TO PROVIDE SIGNAL INTERCONNECT PROJECTS ON WESTBOROUGH BOULEVARD AND AIRPORT BOULEVARD Motion to accept the social hall floor improvements as complete in accordance with the plans and specifi- cations. ~/7 ORAL COMMUNICATIONS City Manager Wilson stated the City Attorney was looking at case law and he was hoping to sit down with Mr. Stevens and work out a solution and may- be come back because case law says we can with- hold a permit for conditions outlined in the Building Code or in planning regulations. So, there might be a way to work with the Association to encourage the homeowners to go through the DCC&Rs. Mayor Yee commented, so, at this point, the City has no legal right to revoke the permit. COMMUNITY FORUM Councilman Penna stated he received a fax concern- ing the Naval Facility Base closure in San Bruno that affects 50 people who work on the base and reside in S.S.F. The City of San Bruno will be looking for support from the community to ask the Federal Government to not close the facility. He stated the payroll will be lost to the areas, spoke in detail of the work being done on the Base and urged the Council to support this issue. Mayor Yee directed the City Manager to get in touch with the Manager of San Bruno on this issue. CONSENT CALENDAR Approved. Approved in the amount of $1,766,179.30. Removed from the Consent Calendar for discussion by Mayor Yee. Approved. 5/24/95 Page 3 A__G E_.N D A ACTION TAKEN ,,. 15L CONSENT CALENDAR Motion to adopt an ordinance on minimum security _ standards. AN ORDINANCE AMENDING CHAPTER 15.48 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE MINIMUM SECURITY STANDARDS Motion to adopt an ordinance on expanding the power of the Historic Preservation Commission to include negotiation and recommendations of Mills Act Agree- ments for the preservation of historic structures. .5-/67 AN ORDINANCE AMENDING SECTION 2.58.100 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE DUTIES OF THE HIS- TORIC PRESERVATION COMMISSION WITH RESPECT TO APPROVAL OF HISTORIC PROP- ERTY AGREEMENTS Resolution authorizing application for a grant for Families for Literacy for the Library. ~-O Z3 A RESOLUTION AUTHORIZING THE SUBMIT- TAL OF A GRANT APPLICATION FOR LIBRARY SERVICES AND CONSTRUCTION ACT FUNDS Resolution approving a proposed purchasing rule which authorizes the City Manager as purchasing authority to approve professional services contracts where the service provider is (1) selected on the basis of informal bidding and when funds have been bud- geted for such services and when the amount of the contract does not exceed $50,000, or (2) when the fee paid to the consultant or advisor is subject to reim- bursement to the City. A RESOLUTION APPROVING A PURCHASING RULE AUTHORIZING THE CITY MANAGER, AS THE PURCHASING AUTHORITY, TO APPROVE CONTRACTS WITH PROFESSIONAL SERVICE PROVIDERS UNDER SPECIFIED CIRCUM- STANCES. Resolution approving job specifications for the Direc- tor of Economic & Community Development Direc- tor. A RESOLUTION APPROVING MODIFICATIONS TO JOB SPECIFICATIONS FOR DIRECTOR OF CONSENT CALENDAR ORDINANCE NO. 1166-95 ORDINANCE NO. 1167-95 RESOLUTION NO. 38-95 Removed from the Consent Calendar for discussion by Mayor Yee. Removed from the Consent Calendar for discussion by Mayor Yee. 5/24/95 Page 4 A~ENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. ECONOMIC & COMMUNITY DEVELOPMENT 10. Resolutions authorizing reimbursement agreements with the Town of Colma. .5'10 A RESOLUTION AUTHORIZING AN AGREE- MENT BETWEEN THE CITY OF SO. SAN FRANCISCO AND COLMA FIRE PROTECTION DISTRICT RELATING TO PROVISION OF FIRE DISPATCH SERVICES A RESOLUTION AUTHORIZING AN AGREE- MENT BETWEEN THE CITY OF SO. SAN FRANCISCO AND TOWN OF COLMA RELATING TO PROVISION OF POLICE DIS- PATCH SERVICES 11. Motion to approve findings for denial of Viewmont Terrace PUD-94-39. 2. Resolution approving interim funding for fiscal year 1995-1996 and adopting corresponding appropria- tions. .~j A RESOLUTION APPROVING INTERIM FUND- ING FOR FISCAL YEAR 1995-1996 FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS 13. Motion to approve the Third Quarter Performance Report for the San Mateo County Convention and Visitors Bureau activities and the recommendation from the Conference Center Authority regarding dis- bursement of funds. .5'.3/o Resolution of award of contract for engineering ser- vices for the Linden/Baden/Airport Boulevard. A RESOLUTION OF AWARD OF DESIGN CON- TRACT TO UPGRADE SIGNALS AT THE IN- TERSECTION OF LINDEN/BADEN AVENUES CONSENT CALENDAR RESOLUTION NO. 39-95 RESOLUTION NO. 40-95 Removed from the Consent Calendar for discussion by Councilwoman Teglia. RESOLUTION NO. 41-95 Approved. M/S Drago/Penna - To approve the Consent Calen- dar with the exception of Items No. 3, 8, 9 and 11. Carried by unanimous voice vote. Mayor Yee noted something missing in the staff report, however, it was delivered tonight. Discussion followed: where is the Airport Blvd. signal; between Linden on the north end and down to Baden on the south end; why was Sister City 5/24/95 Page 5 ~ENDA ACTION TAKEN 154 Resolution - Continued. TO PROVIDE SIGNAL INTERCONNECT PRO- JECTS ON WESTBOROUGH BOULEVARD AND AIRPORT BOULEVARD 8. Resolution approving a proposed purchasing rule which authorizes the City Manager as purchasing authority to approve professional services contracts where the service provider is (1) selected on the basis of informal bidding and when funds have been bud- p.. geted for such services and when the amount of the contract does not exceed $50,000, or (2) when the fee paid to the consultant or advisor is subject to reim- bursement to the City. A RESOLUTION APPROVING A PURCHASING RULE AUTHORIZING THE CITY MANAGER, AS THE PURCHASING AUTHORITY, TO AP- PROVE CONTRACTS WITH PROFESSIONAL SERVICE PROVIDERS UNDER SPECIFIED CIR- CUMSTANCES. Blvd. not included - because of the turning traffic; some conduits could have been put in and the City Engineer will cheek and include if missing; resolution shows $167,300 in one Whereas, another figure elsewhere in the resolution, yet both figures should be $167,300; staff thought they de- fined the scope of work as in from of Oyster Point using ICETEA funds; point B should be the freeway and not Baden, so, this has not accomplished any- thing. M/S Fernekes/Penna - To adopt the Resolution with the correction. RESOLUTION NO. 42-95 Carried by unanimous voice vote. Mayor Yee stated the staff report was confusing and wanted an oral report. City Attorney Mattas stated this can be done under State law and it gives purchasing authority to the City Manager, under two circumstances, for a maxi- mum of $50,000.00. Mayor Yee asked if this is approved, would an item like the earlier traffic signal come before Council. City Attorney Mattas stated it would not. Mayor Yee stated he was afraid of that, there would not be an interaction with Council on what is going on in the City and he did not want staff hiring an EIR consultant without going before Coun- cil. Councilman Drago asked what the current limit is for the City Manager. City Attorney Mattas stated it was between $5,000 and $10,000.00. Councilman Drago questioned what triggered the $50,000.00 figure. City Attorney Mattas stated he and the City Manag- er picked the figure. City Manager Wilson stated staff comes to the Council on the scope of work, the bid item and the 5/24/95 Page 6 A~ENDA ACTION TAKEN 15' , Resolution - Continued. Resolution approving job specifications for the Direc- tor of Economic & Community Development. lO-oo O A RESOLUTION APPROVING MODIFICATIONS TO JOB SPECIFICATIONS FOR DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT capital improvement program. So, Council is aware throughout each program. He felt it was a matter of efficiency and he hoped to go to bid with small projects. Mayor Yee felt it was wrong and opposed giving this power to staff - for then why should the Council meet. Councilman Penna did not see a problem in giving away the authority. Councilman Drago supported the Mayor and stated they had put a cap on the Conference Center expen- ditures of $5,000.00 or $10,000.00. He felt $50,000.000 is pretty high and wants the current standard used because consultants and overtime are the biggest things in the budget. Mayor Yee noted that the $50,000.00 can apply to anything, not just public works projects. If the cardroom goes through and the EIR consultant con- tract is awarded by the City Manager then the Coun- cil will never see it. Councilmembers Fernekes and Teglia agreed to not giving away their authority. Mayor Yee questioned and expressed concern on the specifications on education and experience for he felt they were low when the position has a high profile in this City and did not want to hire some- one like that for this job. Councilman Drago did not believe this comes under the purview of Personnel, for there had been a de- bate and the City Attorney advised Council this does not fall under Personnel. He does not like the refer- ence to desirable qualifications and wants it to read "must have". Discussion followed: Mayor Yee did not like the "or" on page 2; Councilman Drago stated this position falls under the Executive Management Unit; City Manager Wilson said the job specs fall under Council; Councilman Drago replied they do not, they fall under the City Manager, and he does not like the equivalency of a BA; Mayor Yee directed the job specifications read "a BA with a Masters Degree desirable" and take out the "or". 5/24/95 Page 7 AGENDA ACIIQN TAKEN 9. Resolution - Continued. 11. Motion to approve findings for denial of Viewmont Terrace PUD-94-39. .50 ~ PUBLIC HEARINGS 14. Public Hearings - To consider Zoning Amendments ZA-95-91, ZA-95-92 and ZA-95-93 involving design review procedure for single family dwellings, extend- ing the abandonment period for nonconforming uses and structures and establishing required findings of approval for Planned Unit Development permits; Conduct Public Hearing; Motion to continue the item tO 6114195. 5t9 g q 15. Public Hearing - To consider the appeal of the Plan- ning Commission decision on UP-94-972/Mod 1,250 Utah Avenue, for exterior facade improvements, new truck docks and related parking and landscaping improvements in an existing multi-tenant warehouse in accordance with the provisions of SSFMC Chap- ter 20.91; appealed by Simeon Properties, Inc.; Conduct Public Hearing; Motion to uphold the Ap- 5/24/95 Page 8 MIS Drago/Teglia - To adopt the Resolution with the specifications rewritten as directed. RESOLUTION NO. 43-95 Carried by unanimous voice vote. Councilwoman Teglia stated there had been an extensive debate on this item and the findings are more for approval. City Attorney Mattas stated 2 and 3 are factual statements in the staff report, the basis is set out in the introduction, and 1 and 4 are incompatibilities with the view blockage of the proposed addition. Mayor Yee wanted the elimination of findings 2 and 4 for they have nothing to do with the denial. City Attorney Mattas stated he can take them out. Mayor Yee wanted those eliminated. City Attorney Mattas stated he can delete them. M/S Teglia/Fernekes - To approve findings for denial of Viewmont Terrace PUD-94-39 and delete findings 2 and 3. Carried by majority voice vote, Councilman Penna voted no. PUBLIC HEARINGS Mayor Yee opened the Public Hearing. M/S Teglia/Drago - To continue the item to 6/14/95. Carried by unanimous voice vote. Chief Planner Solomon stated the Applicant is going to withdraw the appeal and no action is re- quired. A~ENDA ACTION TAKEN PUBLIC HEARINGS 5. Public Hearing - Continued. peal or continue the item off-calendar. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS 16. Staff presentation on the Shearwater site cardroom proposal and Motion providing direction to staff. PUBLIC HEARINGS Council adjourned to a recess at 8:52 p.m. Mayor Yee recalled the meeting to order at 9:03 p.m., all Council was present. ADMINISTRATIVE BUSINESS City Manager Wilson stated Shearwater is located on the east side of the Bayshore just north of Oyster Point and was owned by U.S. Steel Bridge Co. and next to it is a six acre site purchased by the City from the Federal Government and the GSA building burned down 10 or 11 years ago. He stated this site has been subject to two proposals, one for a hotel and residential property and the current developer approached the City for a mixed use of retail or big box, maybe a restaurant and a 150 table casino. He proceeded to give background history of the propos- al, as he did at each of the six Town Hall meetings, and included answers to questions raised at previous meetings. He related: the casino would be the largest facility in Northern California and fourth largest in the State; Artichoke Joe's in San Bruno has 30 card tables; the site is heavily contaminated from lead based paint and the projected cost for clean-up is $10 million; Bay West Group and Hollywood Park approached the City in July with this proposal and it was not solicited by the City; a number of staff members were sent throughout the State to investi- gate state of the art cardroom operations, their rela- tionships with cities, enforcement, funding and auditing; this City paid for the travel expenses; Hollywood Park, as a public corporation, cannot run the cardroom operations, but will build the facility and supply auxiliary services; it is not know who will be awarded the contract to run the cardroom; there are two existing cardrooms in S.S.F., Welte's and Five Brothers both on Grand Avenue, each with less than ten tables and are small operations; there are negotiations going on between the Pascos and Hollywood Park for a possible parmership, otherwise the two existing cardrooms will be al- lowed to stay as they are; no one under 21 is al- 5/24/95 Page 9 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS lowed in the cardroom but may work in the restau- rant or in support activities; representatives from the Hotel Union have been assured by Hollywood Park that the union decision will be determined by a vote of the employees; various members of staff will present findings from their investigations; etc. City Attorney Mattas addressed the legal aspects of gaming: allowed forms of gambling/gaming; a city may impose more restrictive local regulations on gaming within that city; an election is required if the city did not permit gaming clubs before 1/1/84. Police Chief Raffaelli addressed law enforcement considerations: calls for service - gaming clubs 200, Kaiser Hospital 250, Price Club 160, Century 8 76, Hillsdale Mall 450, Tanforan 2,300, Serramonte 890; activities associated with cardroom casinos - loan sharking, money laundering, prostitution, fol- low-home robberies, skimming, extortion, organized crime (Asian gangs), drugs, bookmaking and cheat- ing; personnel requirements - 6 officers and one clerical position; controlling factors - through the Municipal Code - backgrounds, surveillance, IRS reporting, security by club, cheating and fraud statute, no subcontracting games, no campaign contributions, non-transferable gaming license, City has power to revoke local gaming license; City financial diversity. Interim Director of Economic & Community Devel- opment Beyer addressed the social and economic impacts: social impacts - gambling activity can change behavior, similar to other activities such as smoking, eating, drinking or drugs, changed behav- ior affects others, an estimated 300,000 compulsive gamblers in California, industries creating these activities also provide funds to assist organizations dealing with addictive behavior; economic impacts - new jobs 1,100-2,000 persons, estimated payroll $24,000,000, business-to-business purchases $13,000,000, ripple effect (1.5) in the community $55,500,000. Assistant City manager Martel addressed community revenues and regulatory requirements: card club operation will generate substantial new revenue - revenue to City could be $5,090,300-$6,015,806, sales tax could increase $88,750 + or -, property tax increment would increase $233,000 through 5/24/95 Page 10 AGENDA ACTIQN TAKEN ~ 523 ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shcarwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS development of Shearwater and City owned proper- ty; retail center comprising 400,000 square feet will contribute additional revenue stream for providing city services - sales tax potential estimated at $1,000,000 to $1,600,000, property tax increment would increase $287,000, combined development could produce $1,688,750 in new sales tax and nearly $500,000 in tax increment for future rede- velopment activity; minimize reliance on speculative gaming revenue as a means to balance budget for on-going city services by establishing a policy that directs funds to specific purposes - card club desig- nated fund will be created to budget and .account for all expenditures related to the gaming operation, administrative oversight activities involving police and audit/revenue collection, one-time expenditures for building renovations and improvements, street repairs, park improvements, property acquisition, capital outlay projects and equipment, increases or decreases in gaming revenue do not impact on-going City services, only one-time expenditures; strong administrative and auditing controls are necessary to insure the integrity of financial transactions arising from card club operations; card club business regu- lations will be established by ordinance and define the City's and card club's responsibilities for finan- cial activities and auditing. Rev. Richard Neely read and presented a resolution from the S.S.F. Ministerium in opposition to the casino and posed various questions. City Manager Wilson responded: Hollywood Park will contract out the running of the casino; there will be a contractual relationship on what the eardroom operation can and cannot do. Ms. Celia Ferguson, 141 Valley View, stated there is an initiative being drawn up that will limit the amount Supervisors can spend on individual issues and there is much support for this issue as a No- vember ballot measure. She referred to the Police Chief's comment on the dysfunctional family issue that approximately 5% of the compulsive gamblers have children with problems and the industry will be contributing more to social agencies for the future. She stated that being raised in a troubled family, no amount of money can make up to a child for a gambling parent. She stated the child's pain is 5/24/95 Page 11 AQENDA _AC!IQ_N TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS indescribable and she felt the idea of giving money was unconscionable to even think about. She related: the City thinks.more about this kind of donated money; she feels this is her Council; the Council makes decisions so people like herself will not have to bring forth initiatives for either what they spend or what they decide; she feels the move- ment will continue to grow because the people want to make their own decisions. Ms. Linda Miller, Homart Dev. Co., related: Homart has high rises on the other side of Airport from the development and the buildings are 500,000 sq. ft. and completely leased; there are in excess of 1,400 employees; they have taken an informal poll of the buildings on the development and it is a unan- imous agreement that they are in total opposition to the project; they are professionally run businesses, work hard to remain in business, a eardroom is not a positive, it is a negative and is not something they want to be associated with, and there are letters to back it up; Cellular One uses 150,000 sq. ft., has 450 employees, has written a letter to Mayor Yee and told him this evening that if the project is ap- proved they will, without any question, move out of the area, for they do not want to be associated with the casino in any way; every other tenant mak- ing up the majority of the polling of the buildings supports that as well; she believes property values will go down and, if tenants move out, how will that affect property values; etc. Mayor Yee acknowledged receipt of the letters mentioned. Ms. Maggie Pierson, 204 Rockwood, thanked staff for the thorough and comprehensive report and felt they had covered just about everything. She related: she has lived in the City for 48 years; she is not a gambler; does not play bingo nor the lottery, but is concerned about the state of the City's finance and economics; is a church goer; with the money real- ized from the operation perhaps the City can be developed the way it should be developed; there are questions about addiction to food, gambling, drugs and alcohol, yet anyone addicted will find a way to satisfy that addiction; she feels this is needed in this City and she wants to see it happen. 5/24/95 Page 12 A~ENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS Mr. Dion Dubois, 2217 Delvin Way, stated this is his fourth meeting on this subject, plus the two held at the Chamber of Commerce. He related: Home Depot had a store in Colma; if Home Depot goes into this project a person will go in and buy a toilet, go home and put in the toilet; if four guys get out of the car to go to the casino one of the four is going to win and get the toilet and take the wife to dinner; the other three guys go home without the toilet and money; if he was the owner of Home Depot he would be concerned about the three guys who did not come into the store; he is not against gambling; he feels a casino has merit for it is not being sug- gested in a vacant Sears at the Hillsdale Mall; he moved to Westborough 30 years ago because of its vast diversity, had his family and is totally satisfied with the police and fire service; he is concerned about the impact on City services to the community because of the cardroom; no one is talking about Prop 13 and its financial drain on cities, counties and school districts; we do not have a centralized State Gaming Commission; Council can vote to reject the proposal, and he hopes they do, or Coun- cil can send it to the people for a vote; he does not feel we need a war on this issue; he read two things in the newspapers in the last month concerning two Councilmembers - Councilwoman Teglia, whom he has supported and is a shown leader, learned she de- dared she is not running for election and is moving; if Mr. Drago cannot vote because of the conflict it means a yes vote is needed by 3 people and that, he feels, is a mistake; he presented a two page summa- ry of objections to the Shearwater Proposal to the City Clerk for the record. Councilman Drago stated the statement is wrong, what the newspapers said was true, and has 800 shares of stock in Bay Meadows. If he votes no there is a conflict because a yes vote would cost him money. He has a letter in his pocket that says he has no conflict at all, so it is not true. He stated it was ironic that it would be a reverse conflict of interest. He asked the Attorney two months ago because if he voted yes he would hurt himself. Councilwoman Teglia stated in relation to the com- ment about herself: she is a resident of this community; this is her 4th term; she is rethinking running for election given some of the people pos- 5/24/95 Page 13 AGENDA ACI!QN TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS turing for election; her husband works in Bakers- field, which is not unusual as there are families doing crazy things to support their investments and the families; she was born in S.S.F.; they have a home they own and have other property from her Grandfather and her Mom and Dad and she may stay in the community. Councilman Drago stated there is a fifth option not being addressed, and that is for the Council to put this issue on the ballot. Mr. George Bugnatto, 316 Juniper Ave., stated he is a lifetime resident living in the house he was born in and is one of the founders of the Old Town Homeowners Assn., although he is speaking for himself tonight. He stated he was in favor of the casino because of the benefits to be received, for the individuals in the expanded work force, new revenue from the gam- bling tax, increased sales tax and new basis for restructured property tax for the City and Redevel- opment Agency, plus the toxic waste clean-up. He stated some of the citizens are voicing intense objections and he had said put it on the ballot, but that would not be a help to the moral issues. He stated this would only help the out of towners and cause confusion among the citizens. He does not believe a mandate is needed and recommends the project go forward. Mr. Emmett O'Brien, 661 Spruce Ave., read a letter from his daughter, who is young and interested in City affairs, and is against the casino because she believes that kids hang out in Malls and one should not be next to a casino. His daughter could not compare this casino to Reno or Vegas, because people go there for a vacation for the entire family. Ms. Maria D'Alessandro, 773 Baden Ave., stated she wanted to come to the meeting and argue again against the cardroom, but that is not the issue. She questioned if the people of S.S.F. will be allowed their constitutional right to vote. She has attended all of the Town Hall Meetings and opposes the cardroom even though that is only her opinion, but in every meeting staff has provided a formidable 5/24/95 Page 14 A~ENDA A~!QN TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS case and the people should have a chance to voice their opinions. She stated it has been said that many people have come forward privately and voiced their opinion to Council. If that is the case, what is the problem in taking it to the voters and provide information from the proponents over the next few weeks. Even with the meetings many people are still undecided and there seems to be a broad feeling, in favor or against the casino, to place it on the ballot. Mr. Tom Tallon, 601 Pine Terrace, stated he can see the Shearwater from his front windows and questioned if the cardroom and parking will go in and the shopping center go in a year or five years later. City Manager Wilson stated the development agree- ment sets forth the activities and a time schedule. Mr. Tallon stated Home Depot was mentioned, but if they have not signed yet, it could be they will not come. He asked what time the Police Chief was at Hollywood Park. Was he there at 3:00 a.m. He asked if Welte's has been issued a gambling license and what the vote for a casino was in the Brisbane election and was it overwhelming or a close vote. He feels it is a 50-50 split on people who do not know about this issue and he feels this should be a ballot measure. City Manager Wilson stated Welte's and Five Brothers have businesses licenses. Mr. Paul Tognetti, 845 Olive Ave., related: he was born and raised in S.S.F.; his compliments to the Council for holding the meetings and getting the neighborhoods' opinion; some people attended all of the meetings and he felt those people missed the intent of the Council, who wanted to hear the opin- ions of the people in those neighborhoods rather than hear the same speakers; Council should do what is politically correct, put it to an election; if this were 20 or 30 years ago he would say no card- room, but time moves forward, for this is no longer a small town; the elected officials know they were elected to serve the best interest of our City; there are still a lot of people out of work who need to 5/24/95 Page 15 A~ENDA _AC!IQN TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS support their families and this will bring in jobs and is a "win win" situation; he talked to people who are opposed to the cardroom on religious grounds, and he replied people want more parks yet there is no money without this project; gambling in the form of raffles and bingo is helping the churches and schools and others go to Bay Meadows; we need the money and have the opportunity to clean up a dump; this is a chance for the elected officials to make a stand; the City needs this project and if it is put on the ballot it is going to be emotional with the church people, so lets go ahead with the project for it is a "win win" situation. Mr. John Petrovitz, 443 Gardenside Ave., stated he could not disagree more with the gentleman who just spoke. He believes gambling is morally wrong and feels the gentleman does not know what gam- bling really entails. People in this society seem to have an aversion to gambling and bring up morality in public discussion in discussing right and wrong. He feels gambling is wrong, it causes people to lose money in a hope of a windfall and this false hope causes a person to become addicted and he cannot recoup his loses and have instant wealth by chance. The misery that causes when it is at the expense of the families has been addressed by people in the audience. People in gambling take the human weak- ness and exploit the people and collect their money. The clubs redistribute the money after taking a percentage, which is millions annually, in this case from 150 card tables and will be the fourth largest in the State. This, in comparison, is four times bigger than Artichoke Joe's. He felt this was an issue too big to be dismissed by the Council in three minutes from each speaker. He feels the social issues have been glossed over even though the changed behavior affects others and staff has admit- ted there are over 300,000 gamblers in California. He stated the industries creating these gambling activities also provide funds to non-profit organiza- tions who provide service to people with compulsive addictive behavior. He felt this project offered a great temptation to win money, offer the City great revenue, new jobs and benefits, yet he feels diligence is the price of free- dom. He feels the State Lottery has not solved any of the economic problems, even though it was pre- 5/24/95 Page 16 Afi~NDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS sented to the schools as an economic solution. He feels that gambling feeds off the misery of others. He feels this is a matter for soul searching and, if the Council votes this in, they will be responsible for ever more for having introduced this activity into a community just because it raises revenue. Mr. Manny Madriaga related: he heard the presen- tations by the Developer and the staff and the issues they brought up, such as additional jobs and toxic waste clean-up; the idea of additional jobs is now in question with the input provided by Linda Miller, for what we may have is empty buildings with businesses staying out of S.S.F.; there is a feeling that the casino is disruptive, a repressed form of taxation and a moral issue; he feels for the kid who goes hungry because the father gambled away the money; the important thing is for the citizens to retain their right to vote on the casino; he had called a lot of people and many had not heard of the issue of the casino and were surprised, however, none of them realized the idea of losing the right to vote, especially since there is an election a few months away; there is a Bill pending in the Senate that will affect the right to vote; he believes the only rational option is for the citizens to have the right to vote on the casino. Mr. Lee Strieb stated he works with the Hotel and Restaurant Employees Union, does the food service in cardrooms throughout the country and represents thousands of employees. He stated the Union sup- ports this project and urges Council's approval, particular because of the job benefits for the com- munity; etc. Ms. Beverly Bobblitt stated she has lived in Westborough for approximate 45 years, had prom- ised a Councilmember she would attend one of the presentations after learning the City was entertaining this application and would then make her feelings known. She served on the Planning Commission and during that time another card club approached the Com- mission and, as she recalls, the Commission and the Council rejected the cardroom and put rules and regulations in place against any more cardrooms, 5/24/95 Page 17 A~ENDA AC!IQN TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. (Cassette No. 2) ADMINISTRATIVE BUSINESS other than the ones on Grand Avenue. She visited one of the Grand Avenue cardrooms at 3:00 a.m., for they do not bother her for they are not allowed to enlarge their operation and it remains in the family with any sale to a family member. Yet now suddenly, the tables are turned, we are looking at a large cardroom - not in my neighborhood, for a rose is a rose is a rose. She commented on the City justifications: cleanup of the toxic waste - it is east of 101; this City needs more money; people will gamble anyway. Her answer is yes she would like to see the property cleaned up and, if it is leaking into the bay, the owners should be contacted. She heard the owner say he would clean it up, however, that cost is only a drop in the bucket as to what the operation will give back to the owner. She stated, as far as being east of 101 it is close to Pecks Lot and there are new homes, so that is not far enough away because crime is bad enough. She stated that she would support an increase in tax for the City and schools, because the children are important. The money we would be getting is bad money and derived from the people who cannot afford it and are gambling and losing money instead of paying the gas or mortgage bill. She plays the slots in Nevada, but wants to live here without the gambling element. She related: she is a friend of some of the Council; has supported some of them in elections; is a tax- payer, a voter and a business person; she requests, if the Council cannot vote this down, that they don't vote for it and shove it down our throats, but let us vote win or lose, so be it we will have to live with that. Mr. Charles Kieffer, 620 Telford Ave., congratu- lated Council and staff for their grasp on the issues and conveying that information to the residents. He supports a Council yes vote because this use is legal, it is for the good of the community and the moral issue is not an issue. He feels there should be a separation of church and state and the Council should stick with the business issues of the prop- osal, which are new jobs, new business and reve- nues. He does not believe this is an ethnic issue, 5/24/95 Page 18 A~ENDA ACTION TAKEN 167 ._ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS for people will gamble wherever they can. He has a concern on whether the contaminated site is leaching into the bay and is a problem right now; are there Federal, State or local laws pertaining to it and the type of waste that mandates the owner to take care of it; if Bay West owns the property now are they not responsible to clean it up. Ms. Candace Gianni, 78 Leo Circle, stated she is a parent and an elementary teacher and every day sees alcohol and drugs that surround her 32 children in the classroom, has two children at home and won- ders if this use will add another threat to children. She understands the City is desperately needing funds, including funds for needed improvements. She would like to thank Mr. Poland for bringing the City Genentech, but he should keep this use away from us. We don't need another shopping center to stand empty and did not plan to bring her children around this with the possibility of being mugged because of people looking for money. She felt the City was looking at this for its revenue, but was not looking at the long reaching affects. She stated the lottery was created to help the schools which it is not doing. She urged the Council to vote against the development. City Manager Wilson related: there had been pre- liminary studies on the two earlier proposals; pollut- ants were identified with lead on site and Water Quality Control requires cleanup at the time of development. Mr. Colin Post, 1136 Sunnyside Ave., stated he is in support of the project for the jobs it will bring to the community, and felt those against it did not have an understanding of gambling. He felt the speakers against the proposal were hypocritical and were trying to say they have never had a drink or gam- bled. People are saying they should vote on this issue, but in his mind this is a business and the Developer is coming to the City to get a business license. He feels the comments from the teacher about how the gambling would affect her children, yet he feels the problem lies in the parents not hugging their children or saying they love their children. 5/24/95 Page 19 A~ENDA _AC_T!QN TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwatcr site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS He stated there are gambling establishments on Grand Avenue, they are not dumps, he gambles and knows when to say no. So, for people to say that it draws the weak, when the weak take themselves to the gambling establishment, is not true. Mr. Joe Valcazar stated anyone can say how many people they talked to and relate how many were for and how many were against this proposal, however, the only way that can be known is to put the issue on the ballot. Mr. John Ballas, 173 Northwood Dr., stated he came to the meeting to speak for the development, for the toxic cleanup to help the environment, the providing of public access, the security of the area for this is more than what we have. He stated there are two ways into and out of the area, so how can the City turn its back on revenue when the people who run the operation have to be above board, yet alone the fact that this site has sat vacant for many years. Mr. Bill Poland, Bay West Group, related: he has a real estate operation; owns a lot of show places in the Galleria in S.F.; he developed 40 buildings in S.S.F. in Cabot, Cabot and Forbes and ran the offices; has a history with locals Guido Rozzi and Lou Poletti and their families; he feels this is a window of opportunity due to the retail aspect of the development; the various aspects of the site; he grew up in a dry county in Texas and people crossed over the county line to buy liquor; the Homart Division is for sale; his development would be a nice looking facility and will enhance the area; type of retail uses he is soliciting; there is separate parking for the cardroom and the shopping center; the retail use will be establish now in short order, because it is less controversial than the eardroom; etc. Mr. Victor Vitug, 2605 Gellert Court, stated he fished at that site twenty five years ago, it was a dump, polluted and there were railroad tracks. Toxic waste is there right now and that is his biggest concern. He feels this opportunity is great for the City and he supports the development for the reve- nue and jobs it will bring to the City. He hopes when the City gets the revenue some of it will be given to the seniors and students of the City. 5/24/95 Page 20 ~ENDA ~TION TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS Mr. Lou Dell'Angela, 460 Gardenside, questioned: can Councilman Penna vote on a Shearwater issue due to his conflict of interest; calls for service as stated by the Police Chief; the Council is wiser than the residents in deciding whether or not there will be a 150 table cardroom and it will not go before a vote of the people; the down side of the proposal and social aspects; the comparisons made to Arti- choke Joe's and the Colma cardroom when they are no way near to having 150 tables each; the Grady & Assoc. study on the East of 101 saying it was going to be a growth building area in terms of industry, offices and biotech; what is the fear of an election by certain members of Council and the Developer if a cardroom is such a great deal; the residents live here and want the opportunity to vote on this issue and have that right; etc. Councilman Penna stated, with regard to a conflict of interest, he had a business relationship with Neville Price in the marina as a realtor. After he was elected to Council he went to Acapulco and was asked to take a proposal of Mr. Price's, but the deal fell through. The City Attorney, at that time, wrote a letter to the FPPC, cited his transactions with Mr. Price and the response from the FPPC was that Councilman Penna did have a conflict of interest because he is a realtor. He felt this was unreason- able, wanted the City Attorney to write another request for opinion letter to the FPPC and he would not participate in anything having to do with the Shearwater Project. City Attorney Mattas stated Councilman Penna has a potential conflict of interest because of his status of a real estate agent in this City and has been advised to abstain from votes on land use and the specific plan for the Shearwater, however, Councilman Penna can vote on the gambling issue. Police Chief Raffaelli responded to Mr. Dell'Angela's questions, he had visited the Bicycle Club, the 101 Club and another club to develop the ratio of service calls and felt they were taking a proactive approach. Councilman Drago stated Mr. Dell'Angela had generalized on those Councilmembers who do not want an election. 5/24/95 Page 21 AOE_NDA ACTIQN TAKEN 17c ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS Mr. Dell'Angela stated he did not know who wanted one, but if the City was going to an election, they would have settled this without going through these meetings and bypassing the people on a vote. He has heard certain arguments on why there are special interests and it is not desirable to have an election. Councilwoman Teglia stated she does have concerns about an election, because this Council has not had an opportunity to discuss how they feel about an election. She is hearing that the Council could call for an election, but it was spending an enormous amount of staff and Council time to bring this to the community, share it and get information back. Mr. Tony Khorozian stated those people who gam- ble will now spend their money in S.S.F. while playing cards. He noted: the Lottery benefits the School District; Artichoke Joe's benefits the City of San Bruno; and he supports this project. Ms. Alice Bulos, 2444 Liberty Court, complimented staff on its presentation and Council for doing the Town Hall Meetings. She urged the Council to let the residents have a chance to participate in the decision making on this vital issue that will affect everyone in the community, so let's put it on the ballot. Mr. Eugene Sims related: this is not a project for this City; he knows the project has positive aspects because of the mitigation of the toxic element and the revenue it will bring; he was excited about the number of jobs it will bring to this City; was happy with staff's presentation and trusted the Council; there are new residents to the City and some resi- dents did not vote for any of the Council; the majority of residents want to voice their opinion, and if that is done then they have participated; the Art Rise Board had a recent debate on holding a casino night but, due to the opposition to that plan, had a dinner and a breakfast instead to raise reve- nue; etc. Mr. Jim Datzman, 732 Palm Ave., stated he is not sure where gambling is going, but there are going to be casinos in Northern California. To get to what is appropriate - it would be easier for Council to let it go to a vote, one is yes and the other is no. If the 5/24/95 Page 22 AGENDA ACTION TAKE~. ~ 71 ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS public says no, the problem is taken care of, but what about the revenue that was talked about from this project. Without that revenue where will the cuts in City service come from due to declining revenue, what about the quality of life in the next five years with the cuts. Where is the alternative revenue plan from the representatives of the churches, businesses and the concerned residents. Mr. Jake Jones expressed his concerns: people going to each of the Town Hall Meetings and speaking repetitively; he went to three of the meet- ings; he had taken church people to Reno on his bus to gamble, yet they don't want a casino here; there was a misrepresentation of what the schools get from the Lottery, which they had initially opposed, and are now reaping a harvest although still speak- ing against the Lottery; he has a 300 signature peti- tion supporting the project even though there are many rumors flying around that Old Town doesn't want a casino; the State is going to pass a law by the first of the year and take the casino money; people attribute a casino to crime, yet nothing is said about the guy getting stabbed at the Boys and Girls Club or of closing the Holiday Inn when there was a killing; neighboring cardrooms do not want the competition of a casino in S.S.F.; etc. Councilman Drago related: he does support the project; he has never ruled out putting this on the ballot; he does not believe you can legislate morali- ty; believes in the separation of church and state; he had agreed to the Town Hall Meetings to have the residents aware of the same knowledge Council has; there was a minority that inferred Council was incapable of making a decision, even though they have voted on multi-million dollar projects, the conference center and the capital improvement pro- gram; it is easy for the people with college degrees to tell people that a few thousands jobs are not worth it; those jobs are important for the people without the big cars and homes who only want to see their kids graduate from high school; tell the kids begging on the streets for their families that the jobs are not important; he had worked as a janitor to get on his feet with a first child; etc. Councilman Fernekes stated he spent a lot of hours on this subject and supports the project. One of the 5/24/95 Page 23 AQENDA ACI!QN TAK~ ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. !72 ADMINISTRATIVE BUSINESS reasons he ran for Council was he knew he could make intelligent decisions on the well being of the City. He believes that an elected official should listen to all dialogue and make decisions on facts that are felt to be in the best interest of the commu- nity and not just one special interest group. He spoke of the various uses the revenue can be put towards, otherwise there will be cut backs because of the ever dwindling revenue from the State. Councilwoman Teglia apologized for her remarks at some of these meetings, but not for the content. She related: her recollection of Council talking about a ten year build out, it has been 17 years and the Homart property is not built out; Homart lobbying to remove the Sign Hill sign and the Historical Society had to designate it as a historic site for protection; the image of the City is based on history, is known as a hard working City, one that takes care of its own people, pays its bills and wor- ries a lot about the future of the citizens; there were stockyards and more cardrooms than there are to- day, which was good enough for the residents and not a bad place to live; she did not appreciate the letter from Cellular One, which was intimidation; Cellular One did not provide much to this City and her comment if they did leave S.S.F. was don't let the gate hit you in the behind; she wondered how many of Cellular One's 450 jobs are filled by S.S.F. residents; the Council was not loved, but respexzted as leaders and she does not believe the project is going to risk that; she thanked God for living in this country and the constitution that separated church from state; she is concerned when people try to force their own judgments on her; Artichoke Joe's has not deteriorated the community; she does not play cards, goes to Reno every four years and has a great time; people served in the military for freedom of choice; Homart has said, do something about the blight in the area - which we are; Mr. Dell'Angela spoke of Policy No. 47, which she had voted for ten years ago because we did not have a project of this quality - state of the art; she is not afraid of an election for she had conducted a referendum and put forth all of the issues; an election will cost $30,000 and she will make a Motion. Motion by Councilwoman Teglia - For staff to come back on 6/7/95 with language to allow Council to 5/24/95 Page 24 AQENDA A~I!QN TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS choose one of many alternatives. Councilman Penna stated he was hearing that the Council only has one way to go and that is an elec- tion. City Attorney Mattas stated the Council can choose to put this on the ballot, if the Council wishes or may amend part of the Municipal Code to allow the project. Councilman Penna stated he had heard all the eom- ments in the last six meetings and people talked to him privately about the project. He can understand the moral issues, but when he takes his son to Or- ange Park to play baseball he is looking at a park with weeds, holes and many improvements to be made. He stated Buri Buri is the nicest park we have, although we have tried to improve Orange Park but we don't have the money. When he goes to San Bruno and sees their park he remembers Artichoke Joe's and Casino Royale built it. He stated that nothing is going to stop people with addictions whether it is to alcohol, shopping or the misuse of credit cards. People play cards and we do have two licensed cardrooms in this City that are not seedy places where reports of crime are true. There are cardrooms right now in neighboring communi- ties such, as Colma and San Bruno, and we have the opportunity to gain revenue to run this City through this project and it is a legitimate source of revenue. He related: as one of five officials elected by the people it is his job to represent the people with due diligence; he flew down to Hollywood Park, looked at the operation, the bookkeeping and surveillance and was impressed; it was just in the news that the Raider Stadium is being built and that is a full shop- ping center in Hollywood Park; he hopes the City can pass bond issues to help educate the children so they can have a good education; he does not have a problem supporting this project and does not be- lieve it should go to the voters if the City Attorney says the Council can make the decision; etc. Mayor Yee stated he is opposed to additional cardrooms in this City, even after listening to all comments and concerns at the Town Hall Meetings, 5/24/95 Page 25 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS and felt there was not overwhelming support either for or against the project. He feels the people have the right to vote on this issue and Council should allow that vote. He is concerned: for the quality of life and whether it will be diminished by a large cardroom in this communitY; the main objective is to bring revenue to this City, but he feels the conse- quences have not been addressed; the image of the City is tarnished as summed up in the 4/12/95 staff report .... "a potential negative interest .... and a business that includes loan sharking, extortion and political influence". He continued: the Garden Club enjoys a close rela- tionship with the City of San Jose and has been successful in getting every concession according to the Police Chiefs report; if a cardroom controls this City it will pull strings for their own desires and he does not want this community controlled by a single business, especially a cardroom; he feels a cardroom is a bad idea and invites a dance with the devil and will entice people to spend money; he is against a large, new casino in this City and wanted the Coun- cil to think carefully about what is being offered; he feels an EIR should be prepared that will identify the wetlands, toxic materials and the sewage capaci- ty problems that are problems difficult to mitigate; the permit and site clean up will take, maybe, years; the current proposal assumes the cardroom will take in $50 or $60 million; the current plan only talks about Mr. Poland and that twenty years ago he was in CC&Fs; Hollywood Park is only the building owner for the casino site and will not spend money to develop or clean up the site; the key player then is Mr. Poland and Bay West Group and he owns 100% of the stock; no one knows who is going to run the casino; State law says any new cardrooms should be voted on and he feels the residents should have the opportunity to vote on this issue; it is important to remember that this Council is here to serve the people of S.S.F.; etc. Councilwoman Teglia commented: Council has done a lot to encourage biotech businesses and while they pay property tax there is no other tax from them, so you can't put all your eggs in one basket; there are a lot of people looking down their noses at the jobs in Inglewood, yet a commitment was made to give first opportunity for the jobs to local resi- 5/24/95 Page 26 ACIIQ_N TAKEN 17,:., ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ADMINISTRATIVE BUSINESS dents if qualified; there is $9 million in payroll that goes into the community in salaries and jobs; about 600 jobs would be entry level, for not every- one has a college degree, yet they get by; on the social consequences from the absence of jobs; there will be higher level jobs available to residents; two of her friends are against her on this issue, Beverly Bobblit and Dion Dubois, who she respects and calls friends; etc. M/S Teglia/Fernekes - That staff, specifically the City Attorney, be directed, by our already scheduled meeting of June 7th, to draft language for a potential general plan amendment .... to be processed by direct Council action ....that would be site specific to the Shearwater environs only .... which would permit gaming in that specific area and prohibit it in all other sections of the community .... either a straight prohibition .... or a ballot requirement .... whichever is legally most appropriate. And, that staff, again specifically the City Attorney, be also directed, by the same date, to present language for a potential City Council sponsored initiative reflecting the gaming issues raised during the past City Coun- cil and neighborhood meetings .... again, to include site specific language and to provide us with specific timetables regarding the election process as it applies to each language option presented. (The above Motion was clarified and presented to the City Clerk for inclusion in these minutes.) Mayor Yee stated he will not be able to attend the 6/7/95 meeting and requested this item be placed on a regular meeting agenda, because he wants to be involved with the process. He asked clarification on what the Council was voting on. Councilwoman Teglia replied basically she was allowing staff to come back with two or more op- tions, one to allow the Council to go for a general plan amendment and come back with language for a ballot measure. She stated there is legislation that may take away city options after January 1st and if the Council gets the cardroom after that the City may not get the revenues. Motion by Mayor Yee - To direct a Council spon- sored measure to allow the citizens to vote on whether another legal cardroom will be allowed in 5/24/95 Page 27 ~ENDA ADMINISTRATIVE BUSINESS 6. Staff presentation on the Shearwater site cardroom proposal - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE ADJOURNMENT: ACTION TAKEN ADMINISTRATIVE BUSINESS this City. Motion died for lack of a Second. The first Motion and Second were carried by ma- jority roll call vote, Councilman Perma abstained and Mayor Yee voted no on the draft language for a general plan amendment and ballot measure. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE Mr. Jake Jones stated he had a letter from Arthur and Virginia Royce which says they have lived in S.S.F. over fifty years, support the approval of the card room proposed for the Shearwater Development and feel that S.S.F. might as well reap the benefits that include completely cleaning up the toxic area. M/S Teglia/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 1:05 a.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. Robert Yee, Mayor City of South San Francisco The entries of this Council meeting show the action taken by the City Council ~:o 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. 5/24/95 Page 28