Loading...
HomeMy WebLinkAboutMinutes 1995-07-26Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes John R. Penna Roberta Cerri Teglia MINUT_E~ City Council Municipal Services Building Community Room July 26, 1995 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO JULY 26, 1995 NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 26th day of July 1995, at 7:15 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session pursuant to Government Code 54956.9, conference with legal counsel - pending litigation, case name Alioto v. Syufy et al. Dated: July 20, 1995 City Clerk City of South San Francisco AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: ~'~osed Session pursuant to Government Code 54956.9, ,nference with legal counsel - pending litigation, Case ame Alioto v. Syufy et al. ACTION TAKEN 7:11 p.m. Mayor Yee presiding. Council Present: Fernekes, Teglia and Yee. Council Absent: Drago and Penna. City Clerk Battaya stated Councilman Penna is on vacation and Vice Mayor Drago is ill and unable to attend tonight's meeting. Council adjourned to a Closed Session at 7:12 p.m. to discuss the item noticed. 7/26/95 Page 1 AGENDA ACTION TAKEN RECALL TO ORDER: ADJOURNMENT: Mayor Yee recalled the meeting to order at 7:42 p.m., all Council was present, no action taken and direction was given. M/S Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:43 p.m. RESPECTFULLY SUBMITTED, APPROVED. arbara A. Battaya, City Cleft, E/ City of South San Francisco Robert Yee, Mayor City of Sooth 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 document's related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 7/26/95 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 July 26, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: ;~ESENTATIONS Award of Financial Reporting Achievement from GFOA to Alison Freeman AGENDA REVIEW City Manager Wilson Requested: - Delete Item No. 6. - Continue Item No. 12 to next meeting, so all Councilmembers are present. - Call a special meeting tomorrow to hear Item No. 15 as it requires a 4/5 vote and he will contact a 4th mem- ber. ACTION TAKEN 7:43 p.m. Mayor Yee presiding. Council Present: Fernekes, Teglia and Yee. Council Absent: Drago and Penna. City Clerk Battaya stated Vice Mayor Drago was ill and Councilmember Penna was on vacation and were unable to come to tonight's meeting. The Pledge was recited. Rev. Jones, Good News Chapel, gave the invoca- tion. PRESENTATIONS Mayor Yee presented the award to Alison Freeman from the Government Finance Officers Association of the United States and Canada. AGENDA REVIEW So ordered. Atty. Corey stated that Item No. '12 is unusual and does not come forward as an application, but in the form of a litigation settlement, and he represents two parties to the action who are suing one another and the City. Because he was in a sensitive situation, in that regard, he was able to get it extended, and all litigation counsel were ordered to report to the Presiding Judge if they did not have the matter resolved in a given time. The parties are expected to go into court next week and, because he repre- 7/26/95 Page 1 AGENDA ACTION TAKEN AGENDA REVIEW ORAL COMMUNICATIONS 7/26/95 Page 2 AGENDA REVIEW sents two opposing parties, he cannot appear there. He could not say there is any agreement for the Court controls it, but was happy there is an indica- tion that this would be continued because some Councilmembers were absent. City Attorney Mattas stated there is a status confer- ence scheduled for tomorrow morning, which he will attend and, if the Council will direct him, that, because of the emergency absence of at least one of our Council and the absence of another, he will state Council was unable to take up that action this eve- ning and give it full consideration from all the Councilmembers. He would be happy to do that and he would need a Motion to direct him to make such a statement to the Court. M/S Teglia/Fernekes - To direct the City Attorney to inform the Judge of the rational for the continu- ance. Carried by unanimous voice vote. Mayor Yee stated he had a request for Item 19 to be moved up and be heard after the Consent Calendar. He stated there was also a request for Item 20 to be moved up. Councilwoman Teglia had a problem with that be- cause of all of the public hearings. City Manager Wilson stated there is an individual present who wants Item 17 to be moved forward. Mayor Yee felt the Council would get to Item 17 shortly, so there is no need to move it up. ORAL COMMUNICATIONS Ms. Patricia Burke gave an update on the Airport Commission meeting yesterday on whether to put the BART station either in the Airport or beside the Airport, because, if action was not taken yesterday, it would have delayed the Airport extension. Mr. Doug Butler asked if Item No. 19 is going to be moved up. AGENDA ACTION TAKEN ORAL COMMUNICATIONS 7/26/95 Page 3 ORAL COMMUNICATIONS Mayor Yee replied, no the Council will go through the Agenda in its written form. Ms. Jan Pont, 111 Belmont Ave., stated tomorrow night's meeting on Terrabay should have all infor- mation at the libraries. She called in regarding one of the staff reports and it was not ready on Monday or Tuesday. She asked if the staff reports can be put out on a timely basis to the general public on Friday. Mayor Yee asked the City Manager to make sure this was done in the packets. City Manager Wilson stated this was an information item and he wanted to make it accurate - for they had a meeting with the Developer late Monday, and he apologized for the delay. Ms. Pont asked why there are so many public hear- ings on each agenda. She stated people are not too happy to stay up after i0:00 p.m. and questioned if there is a way to limit the number of public hearings on each agenda. She felt that seven public hearings are a bit much for one night. Ms. Maria D'Alessandro, 773 Baden Ave., ques- tioned why Council was having the names of four different people removed from the rebuttal to the argument against Measure A who are prominent people in the community: Pedro Gonzalez, Lou Dell'Angela, Ray McKeon and Midge Damonte. She stated this denies their right to sign the Mea- sure. She stated this same question was raised in the County with the Pacifica vote and the County ruled that having different names on the rebuttal argument was perfectly legal and their City Attorney agreed. So, why make such an issue to carry it to the Secretary of State when she was informed the State's two Counsels had different opinions and, in our case, the decision was left to our City Attorney and he decided it was not okay to have different names on the rebuttal. City Attorney Mattas stated the State statutes that govern even local elections contain two different versions of wording that apply to the issue of whether different persons can sign the rebuttal argu- ments. If you are talking about a Statewide AGENDA ACTION TAKEN ORAL COMMUNICATIONS OMMUNITY FORUM 7/26/95 Page 4 ORAL COMMUNICATIONS initiative it is clearly indicated that different persons can sign rebuttal arguments with the approval of the original signers. No such authority exists for initia- tives that are at the City level or County level or Special District level, but it is his duty, as well as the Election Official's duty, to put a reasonable interpretation on statutes and the Courts have di- rected us that where the legislature grants authority in one case and doesn't grant it in another case then we are directed by the Courts not to infer - a right or an authority exists. So, he felt it was appropriate and prudent to advise the City Clerk that the City did not have the authority to accept the different refutal argument signatures. He stated he was asked in advance by the persons filing arguments in favor if they could have different signers, and the issue was brought to his attention after those against the Measure had submitted their rebuttal to the City Clerk and he then advised those against the Measure they could not have different signers. Mr. Joe Valcazar, 721 Spruce Ave., questioned: why some members of the City Council are pushing so hard to establish a cardroom casino in S.S.F. even when the Chief of Police states clearly in his staff report that cardrooms generate 200 police calls every year; he read from the August 1995 Readers Digest on the escalation of crime; why the police did not do a thorough investigation; etc. Councilwoman Teglia stated she would not consider allowing the cardroom in the community if she thought there was a likelihood of crime problems occurring here with deleterious effects on the com- munity. She relies on the police, who are excellent and conservative, and Council called on them for a thorough report and they did not come back and say this proposal, under the conditions discussed, should not have a significant impact on the community. She continued to refute Mr. Valcazar's comments against the cardroom and spoke of the benefits to the community from a cardroom. COMMUNITY FORUM Councilwoman Teglia stated the Conference Center Authority is putting together an incentive program AGENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR 1. Motion to confirm expense claims of 7/26/95..~0 I.-~ Motion to adopt an ordinance limiting the review of additions to one-, two- and three-family residential structures to the Chief Planner. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 20.85, DESIGN REVIEW PROCEDURES OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO LIMITING THE REVIEW OF AD- DITIONS TO ONE,- TWO- AND THREE-FAMILY RESIDENTIAL STRUCTURES TO THAT BY THE CHIEF PLANNER IN CASES WHERE THE EX- PANSION MAY BE FOUND TO CONFORM TO ADOPTED STANDARD AND OR CRITERIA Motion to adopt an ordinance declaring the prima .GlO facie speed limit on City streets. AN ORDINANCE ADDING CHAPTER 11.68 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE DECLARING THE PRIMA FACIE SPEED LIMIT ON CITY STREETS 4. Resolution approving budget amendment FY 1994- 1995 Capital Improvement Budget for installation of .... ground fuel tank at Fire Station No. 4. 5"~ ~O A RESOLUTION APPROVING AMENDMENT 95- -10 TO THE 1994-1995 CAPITAL IMPROVEMENT COMMUNITY FORUM for the coming year for the employees, the Subcommittee unanimously endorsed a proposal and, if the Authority concurs, she wants it on the Council's August 9th Agenda. Councilman Fernekes related: he also is supporting the cardroom proposal for revenues; the Council is trying to find new ways to stimulate the economy, and one is with new jobs; later the Council will discuss a policy statement on cardroom hiring. Mayor Yee felt most of the money will be spent on City staff, because, if you look at the newspaper articles from San Jose, you will find they are not making that much money. CONSENT CALENDAR Approved in the amount of $1,170,147.81. ORDINANCE NO. 1169-95 ORDINANCE NO. 1170-95 RESOLUTION NO. 69-95 7/26/95 Page 5 AGENDA ACTION TAKEN CONSENT CALENDAR Resolution - Continued. BUDGET FOR REMOVAL OF CONTAMINATED SOIL AND INSTALLATION OF GROUND FUEL TANK AT FIRE STATION NO. 4 Resolution of award of contract to Howard Quinn Company for printing the quarterly Leisure Activities Guide. .flop/~ A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND HOWARD QUINN COM- PANY FOR PRINTING THE QUARTERLY LEI- SURE ACTIVITIES GUIDE Resolution authorizing an agreement to pertbrm an audit of the South San Francisco Scavenger Company's refuse and recycling operations. .5'2-2-7 A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO PERFORM AN AUDIT OF THE SOUTH SAN FRANCISCO SCAVENGER COMPANY'S REFUSE AND RECYCLING OPER- ATIONS Resolution approving a M.O.U. between the Police Association and the City for the period of one year ending 12/13/95. /9_0OO A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE POLICE ASSOCIATION, FOR THE PERIOD JANUARY 1, 1995 THROUGH DECEMBER 31, 1995 o Motion to accept the Westborough Park Play Area improvements as complete according to the plans and specifications. .5-0 ~t9 Resolution of award of contract to Dewey Pest Con- trol in the amount of $20,965, as the lowest respon- sible bidder, for rodent control services, fit9 ~ A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DEWEY PEST CONTROL TO PERFORM RODENT CONTROL SERVICES CONSENT CALENDAR RESOLUTION NO. 70-95 City Clerk Battaya explained this item was previ- ously acted upon and is to be d'eleted from the Agenda. RESOLUTION NO. 71-95 So ordered. RESOLUTION NO. 72-95 7/26/95 Page 6 AGENDA ACTION TAKEN CONSENT CALENDAR PUBLIC HEARINGS 10. Public Hearing - General Plan Amendment GP-95-52 and Negative Declaration No. 794 to policies in the East of 101 Area Plan regarding development in Open Space areas and adjacent to known sensitive resourc- es; Conduct Public Hearing; adopt resolution - contin- ued from 7/12/95 meeting. A RESOLUTION APPROVING AMENDMENTS TO THE EAST OF 101 AREA PLAN REGARDING DEVELOPMENT IN OPEN SPACE AREAS AND ADJACENT TO KNOWN SENSITIVE RESOURC- ES RECESS: RECALL TO ORDER: 11. Public Hearing - Zoning Amendment 95-93 extending the "abandonment period" for nonconforming uses from six months to two years; Conduct Public Hear- ing; Motion to waive reading and introduce the ordinance - Public Hearing opened, closed and .5'O ~ continued from the last four meetings. ~ / ~, 7/26/95 Page 7 CONSENT CALENDAR M/S Teglia/Fernekes - to approve the Consent Cal- endar with the exception of Item No. 6. Carried by unanimous voice vote. PUBLIC HEARINGS Chief Planner Solomon stated this item went back to the Planning Commission to clarify or expand the recommendation for denial. After discussion by the Commission it was decided this was an important issue that warranted a joint study session with the Council regarding the question of allowing parking in the open space areas. He stated staff was recommending that the resolution be adopted rather than continuing this to a joint meeting and the language will read, "parking should be allowed as an accessory use". He stated several projects are coming forth, including one this evening, that re- quire this action being taken. · Discussion followed: could Council call a meeting for next week with the Commission, so as not to ignore their request; the intent is to not be inconsis- tent with the East of 101 Plan; the bayfront is a separate concept and does not make parking a per- mitted use; there is no problem with the sloughs and if it affects the bayfront it will go back to the Com- mission for that is their concern; Council could make a policy statement, table consideration of this item and let the City Attorney come up later in the meeting with the slough issue. M/S Teglia/Fernekes - To table the slough issue to later in the evening. Carried by unanimous voice vote. Council adjourned to a recess at 9:48 p.m. Mayor Yee recalled the meeting to order at 9:58 p.m., all Council was present. City Clerk Battaya read the title of the ordinance in its entirety. Chief Planner Solomon gave a very brief staff re- port. AGENDA ACTION TAKEN PUBLIC HEARINGS .. Public Hearing - Continued. AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING SECTION 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 CONSIDERED ABANDONED FROM SIX MONTHS TO ONE YEAR AND PROVIDING FOR ONE ADDITIONAL YEAR, IF APPROVED BY THE PLANNING COM- MISSION, BEFORE ABANDONMENT OCCURS 12. Public Hearing - To consider Planned Unit Develop- ment to allow modifications to a retail and theater complex located in the P-C Planned Commercial Zone District including: a 300 seat, two theater expansion to the cinema for Century Plaza - Syufy Enterprises and Alioto Fish Co. owners, 410-470 Noor Avenue, PUD-95-42, and Negative Declaration No. 792; Conduct Public Hearing; Motion to approve Negative Declaration No. 792 and Motion to approve PUD-95-42. ,o~0~ 13. Public Hearing - To consider PUD-95-41, Negative Declaration No. 790, for the construction of a three story, 45 unit motel and related parking and landscap- ing improvements at 410 South Airport Blvd. (Comfort Inn); Conduct Public Hearing; Motion to approve Negative Declaration No. 790 and PUD-95- 41. PUBLIC HEARINGS M/S Teglia/Fernekes - To waive reading and intro- duce the ordinance. Carried by unanimous voice vote. M/S Teglia/Fernekes - To continue the Item to the next meeting. Carried by unanimous voice vote. Mayor Yee opened the Public Hearing. Chief Planner Solomon gave a brief staff report and stated the earlier protest letters of 7/12/95 and 7/14/95 from See's Candies have been mitigated in reference to the landscaping/tree problems. He stated there is a 7/25/95 See's Candies letter with- drawing its prior opposition to the parking and tree problems. Mr. Sharad Lal, 3018 Willow Pass Road, Concord, urged the Council to approve the project as submit- ted and went over key facts: parking requirements vary from city to city; in S.S.F. additional parking is required for employees; at night there is only one employee managing the place; he will have a short- age of six parking places; with the 48 units staff has suggested parking spaces will be adequate; he proposed 55 units and staff 50 units; after Council has discuss this proposed he wants to come back and respond to questions and give recommendations to reduce the project. Discussion followed: Councilwoman Teglia had a 7/26/95 Page 8 AGENDA ACTION TAKEN PUBLIC HEARINGS Public Hearing - Continued. 7/26/95 Page 9 255, PUBLIC HEARINGS problem with other proposals being presented and felt they should go back to the Planning Commis- sion; Mr. Lal wanted the Council to grant the pro- ject and twelve months down the road, if there is a perceived problem with the project, he must convert some of the units to suites; etc. Mr. Thomas Nee, 505 Valley View, Martinez, stated he represented Choice Hotels and their fran- chising. He stated that normally they do not accept a project less than 50 units and the Council wanted to reduce the units because of parking. He ex- plained: their concern for guest safety, satisfaction and repeat business; they would not approve a pro- ject with insufficient parking; proposed shuttle ser- vice; proposed 100% occupancy; insufficient park- ing leaves them exposed to liability and the guest would not return; the applicant had proposed a shuttle service to correct the parking shortage; if the Council approves only 41 units they will go back to the table on the franchise and the project may not go ahead, but they will consider 45 units as long as the applicant is not running a Park'N'Fly operation. Discussion followed: why did the Commission lower the units to 41; because they trusted the con- sultant and adjacent neighbors more than him; em- ployees on the site; Councilmember Teglia could support the 45 units; Mayor Yee agreed; Mr. Nee can approve and live with the 45 units; this would be reviewed in a year; there are high weeds on the property that should be cleaned up; the applicant was asked to present a plan and replace the materials with the native vegetation; add a condition, one year review by the Planning Commission, and, if there is a problem, it will go down to 41 units; that is sub- ject to appeal to the Council; the applicant should convey an easement acceptable to the City Attorney for the maintenance of the water way and 20' of adjacent property. Mayor Yee closed the Public Hearing. M/S Teglia/Fernekes - To approve Negative Decla- ration No. 790 and PUD-95-41 subject to the con- ditions and findings in the staff report. Carried by unanimous voice vote. AGENDA ACTION TAKEN PUBLIC HEARINGS 4. Public Hearing - To consider modifying the Master Fee Schedule for Paramedic, Parks & Recreation and Police fees; Conduct Public Hearing; resolution adopting fees. ...q'..3 7-]' A RESOLUTION AMENDING THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO 15. Public Hearing - To consider establishing sewer rates PUBLIC HEARINGS Mayor Yee opened the Public Hearing. Finance Director Brooks summarized the modifica- tions to the Master Fee Schedule: paramedic fees for advanced life support system and basic life support systems; facility use for park and recreation program activities to continue recovering 50% of operating costs; cab company driver permit fees for the Police Department. Discussion followed: paramedic fees will increase 20% for advanced life support services; this does not cover cost recovery to the City; main reason of program is to supply emergency paramedic services to the community at the lowest cost; this is mostly paid by Medical or Medicare; there is a 68%-70% recovery and if the person is unable to pay then the City accepts the insurance payment; so those who pay are subsidized by those who don't; don't want the residents not to use the service because they cannot pay; Fire Department in 1993 educated se- niors, which will be done again, that Medicare pays 80% and the patient pays the remaining 20% of allowable, but if the patient can't pay the City eats the amount owing; the City is not reaching the 70% recovery goal and suggested the increase; this is another hard decision due to budget restraints; in Park & Recreation 50% is the cost recovery rate; staff should provide a report on attendance at pro- grams that are on an increase; some students' after school programs are at risk; etc. Ms. Cynthia Stall, 768 Grand Ave., related: her husband had a stroke, she called 911; was charged $500.00 for paramedics and $900 for an outside private ambulance; paramedics arrived first and private ambulance came up behind paramedics; she is fighting with the private ambulance on the $900 bill she does not feel she owes. Mayor Yee closed the Public Hearing. M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 73-95 Carried by unanimous voice vote. M/S Teglia/Fernekes -To continue the Item to 7/26/95 Page 10 .AGENDA PUBLIC HEARINGS 5. Public Hearing - Continued. effective FY 1995-96 and amending the Master Fee Schedule to include the rates; Conduct Public Hear- ing; adopt resolutions establishing sewer rates and adopting Annual Sewer Rental Report. ,ff_q 7 7 A RESOLUTION ESTABLISHING SEWER RATES EFFECTIVE FY 1995-96 AND AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES A RESOLUTION ADOPTING REPORT OF AN- NUAL SEWER RENTAL AND CHARGES FOR 1995-96 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE 16. Public Hearing - Zoning Text Amendment ZA-95-91 related to establishing findings of approval and to enable the Planning Commission to establish design ~ guidelines; Motion to continue the item to 9/13/95 meeting. 5'0 ~' AN ORDINANCE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL AMENDING CHAPTER 20.84 - PLANNED UNIT DEVELOPMENT PER- MIT PROCEDURE - OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO ADDING FINDINGS OF APPROVAL, ENABLING THE PLANNING COMMISSION TO ESTABLISH DESIGN GUIDELINES ADMINISTRATIVE BUSINESS 17. Hearing - To consider assessment of costs for abatement of abandoned vehicles; resolution imposing costs. ~.~'7 '7 A RESOLUTION AUTHORIZING ASSESSMENT OF COSTS FOR ABATEMENT OF ABANDONED VEHICLES ACTION TAKEN PUBLIC HEARINGS Thursday, 7/27/95, 9:30 a.m., City Council Cham- bers, 400 Grand Avenue. Carried by unanimous voice vote. M/S Fernekes/Teglia - To continue the item to 9/13/95. Carried by unanimous voice. ADMINISTRATIVE BUSINESS Finance Director Brooks briefly related the need for the resolution imposing costs for the abatement of the abandoned vehicles when they have not been paid and this puts a lien against the property. He related: he started out with seven and now there are six; everything has been done to contact the property owners to come forward and have a hear- ing; there are two parties that feel they are errone- ously assessed; etc. Ms. Nancy Zhola, 478 Benton St., S.F., related: she has a property in S.S.F.; someone else put their vehicle on her property; the property was cited with 7/26/95 Page 11 AGENDA ACT'ION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. 7/26/95 Page 12 ADMINISTRATIVE BUSINESS authority to be towed; on October 7th she received a letter from the Code Enforcement Officer saying she could voluntarily abate the vehicle; she called the towing company and told them where to pickup the vehicle and all of a sudden she received another letter ~elling her they are going to assess her proper- ty; she talked to Mr. Brooks at the beginning of the meeting and was told the abatement was unpaid. Director of Finance Brooks stated he must explore this with code enforcement for there could be miti- gating circumstances, however, if given the authori- ty he will investigate and if justified take it off the assessor's rolls. Discussion tbllowed: why not assess the car owner - not the property owner; that is not what the law allows; the property owner must place a sign on the car and then the car can be towed after a specific time; the property owners had done that, so she should not have to pay the towing bill; etc. Mr. Earl J. Jones, 319 Northwood, related: he has lived here for 30 years; an Officer came to his office and told him his car was in violation and he had to remove it even though he covered the collector's car with a canvas and bungy; when the Officer showed up at the house with orders to tow the car, he want- ed him to sign a paper that he had been notified; he asked to see a copy of the ordinance before he would go down to pay the fine; he did not pay the fine and thinks it's outrageous, because he is retired and makes less than $1,000 a month; when he pays the doctors bill, the rent and insurance, he could give a lesson in finance and show how it is done. Police Chief Raffaelli stated he spoke to Mr. Jones prior to the meeting and pulled the report and relat- ed: Mr. Jones signed the registered letter; the Offi- cer stated the vehicle was uncovered when the Offi- cer towed the vehicle; the car did not have an engine or wheels and came under the Code for abatement. Discussion followed: if the vehicle is covered it takes away the blight to the neighborhood and is permissible to stay on the private property; after the tow fee is paid the vehicle is released; etc. Ms. Howell Cindy, 768 Grand Ave., related: her AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS Resolution - Continued. PUBLIC HEARINGS 10. Public Hearing - General Plan Amendment GP-95-52 and Negative Declaration No. 794 to policies in the East of 101 Area Plan regarding development in Open Space areas and adjacent to known sensitive resourc- es; Conduct Public Hearing; adopt resolution ~ - continued from 7/12/95 meeting. .~t~ gq ADMINISTRATIVE BUSINESS husband had a stroke; their property goes to 4th Lane; the truck was moved onto their property; she gave the truck to her son; there was no money to pay the vehicle license; she went to DMV and asked if the car can be stored; DMV said yes as long as it is not parked on public property; they have had problems with S.S.F.; she talked to Mike Dickson, explained to him her husband had a stroke, her son could not fix the car and the car was towed from the back of her house after she had gone to DMV; her husband was in the hospital for five months; Officer Dickson said something like, so what every- one has problems; she works 40 hour a week and she cannot pay the tow fee; why was she being harassed; she feels the car was stolen from her; she felt the attitude of Officer Dickson was terr- ible; her son got a 40 hours a week job; her hus- band fell down and cracked his ankle and cannot be alone; yet if she doesn't work, the hospital was $240,000; her husband worked fbr the railroad and gets $867.00 a month; etc. Motion by Teglia - To waive the fee for Cindy Howell. Motion died due to the lack of a Second. M/S Teglia/Fernekes - To adopt the Resolution, but waive the fees for property owners 3 and 4, look into the Zhola matter and the Police Chief should check with DMV on the problem with Cindy Howell. RESOLUTION NO. 74-95 Carried by unanimous voice vote. PUBLIC HEARINGS Mayor Yee closed the Public Hearing. City Attorney Mattas: came forward with language changes to effectuate its being applicable to sloughs; questioned if the item is moving forward and if the Council wanted it to come back to address the shoreline; it would have to be renoticed and go back to both bodies, A joint meeting will cause a delay. He would insert "adjacent to inland water ways" and inland areas not adjacent should have a 7/26/95 Page 13 AGENDA ACTION TAKEN · --OJJBLIC HEARINGS ). Public Hearing - Continued. A RESOLUTION APPROVING AMENDMENTS TO THE EAST OF 101 AREA PLAN REGARDING DEVELOPMENT IN OPEN SPACE AREAS AND ADJACENT TO KNOWN SENSITIVE RESOURC- ES ADMINISTRATIVE BUSINESS 18. Resolution approving the 1995-96 Operating Budget and appropriating the corresponding funds. .5-/2_. A RESOLUTION APPROVING THE FISCAL YEAR 1995-1996 OPERATING BUDGET FOR THE CITY OF SOUTH SAN FRANCISCO, AS AMEND- ED BY THE CITY COUNCIL ON JULY 26, 1995, AND ADOPTING CORRESPONDING APPROPRI- ATIONS PUBLIC HEARINGS buffer at least 100'. LU10b will allow you to trade FARs from the open space to the adjacent areas; it is stafffs opinion that no significant change has to be made and it could be modified where it is only applicable to inland water ways; the Commission did not have a concern with LU-10b; go to the third line and insert, adjacent to inland waterways. Discussion followed: the FARs can be transferred; the City Attorney will incorporate the language. M/S Fernekes/Teglia ~ To adopt the Resolution. RESOLUTION NO. 75-95 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Manager Wilson gave a brief overview of the budget: it is a balanced budget; the service levels are the same as last year and will be the same next year with mid-year adjustments; there are adjustments in the City Clerk's Office for the special election in September that is to be reimbursed, as well as the November election; under the Finance Dept. there will be the shifting of the Parking Place Div. to the Dept. of Economic & Community Dev- elopment; reorganization of the Building Division under the Fire Department; an additional ambulance and the quint program; being looked at are the Police Dept. - Communications Manager, Court Liaison, COPS Program, !ap top computers; Public Works - reduced sweeping from three to two people; moved the Airport Insulation Program from the Operating Budget into the Capital Improvement Budget; Park & Recreation - after school program as it was last year; adjustments and elimination in personnel through reclassifications in the future; etc. Councilwoman Teglia stated she would vote against upgrades of positions until the Council can address pay raises; City Manager has funds set aside in the budget for those concerns; the Police Dept. is giving up $100,000 - why isn't the Fire Dept. doing the same; the Fire Dept. has a minimum manning pro- gram to maintain and the Council had approved the Quint Program that reduced the shifts; a reduction could cause a station to be closed; change in the contingency for labor; etc. 7/26/95 Page 14 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8. Resolution - Continued. 19. Adoption of policy for the use of gaming revenue. ADMINISTRATIVE BUSINESS M/S Teglia/Fernekes - To adopt the Resolution. RESOLUTION NO. 76-95 Carried by unanimous voice vote. Assistant City Manager Mattel related: there was a series of neighborhood meetings on the proposed development on the Shearwater site that includes a cardroom; staff identified the three revenue sources that would come from the Development - a tax on all of the card club tables allowed, tax from retail sales and increased property tax on the redevelop- ment tax, as well as property tax increment that is shared by the City and Redevelopment Agency; etc. Mr. Doug Butler, 133 Adrian Ave., related: this is premature, because this had not been voted on; he did not believe it will be approved by the voters; how k)ng does a policy last - until the next Council is seated; he noted that the map included in the proposed plan exceeds the Shearwater property for it includes the Wildberg site; could the cardroom be outside the Shearwater site; the City only owns the GSA property; he feels the retail center is a big question mark as to being a good use next to a card- room and felt it was strange for land use; the claim of providing jobs was not substantiated; can the City expect a retailer to locate next to a cardroom with the negative things cited by the Police Chief with loan sharking, extortion and organized crime, he feels the last thing this City needs is a 150 table casino and all the crime; social impacts, etc. City Manager Wilson replied: it was outside of the Shearwater site as of the last meeting, so the Devel- oper would have to buy the City's property, etc. Councilwoman Teglia refuted the comments on the creation of jobs and the shopping center. Mr. Manny Madriaga, 23 Sunrise Court, related: he also found this action premature and out of order for the Council to be talking about how they are going to use potential revenue from a speculative source; the issue is, should we have a casino - not how we divide the cash; he felt the carrot was being dangled before the residents; he felt the staff presen- tations were a marketing glitch with all of the num- 7/26/95 Page 15 AGENDA ACTION TAKEN ----~DMINISTRATIVE BUSINESS 9. Resolution- Continued. 7/26/95 Page 16 ADMINISTRATIVE BUSINESS bers and graphs - it was a good show; as time went on the shows became better and better, but the negative aspects were always there; let the people decide if they want a casino or not; it is doubtful that the City will realize the revenue promised by staff; this casino will take from Artichoke Joe's and lotteries; articles substantiate Mr. Butler's claims of crime associated with cardrooms; cardrooms are disruptive to compulsive gamblers homes; he felt victims of gamblers should come forward and speak; the people should be made aware of where the mon- ey is going to be spent; etc. Mr. Jake Jones, 12 El Campo Drive, stated he has lived in S.S.F. for 54 years and Mr. Madriaga has only been here since December. Mr. Madriaga mentioned all of the crime at Artichoke Joe's which is only 300' from a residential area. He stated there has been enough talk of doom and gloom for this is another chance for the City to gain revenue, as was the Price Club. He felt the talk was a shame when some of these people are running for Council and are saying there will be crime, people will be getting killed and people will be jumping off the bridge if this cardroom comes into town. Mr. Jim Datzman, 732 Palm Ave., stated a speaker insinuated that policies are meant to be broken, yet the Council is elected to make policies and to clarify the potential value of revenue. He did not have a problem with the Council making a policy, because the people can come forward and give input. In years past he had raised concern about the value of the cardrooms but his attitude has changed over a period of time and, because he values what the citi- zens think of him, it took time to weigh this propos- al. The status of gaming in the State of California has changed greatly in the last five years with the proliferation of gambling on indian reservations. He stated that people are not discouraging gambling - the opposite is happening, for a lot of citizens are supporting bingo, cardrooms, race tracks and a wide variety of lotto. He stated when the City had been approached in the past by applicants they were reluctant to supply information to the Police Depart- ment and Council on their operations. Hollywood Park has been responsive to the Police Department on their existing activities, which the police have AGENDA ACTION TAKEN ~DMINISTRATIVE BUSINESS 8. Resolution - Continued. 20. Status report on Terrabay Project. LEGISLATIVE BUSINESS 21. Motion to waive reading and introduce an ordinance ADMINISTRATIVE BUSINESS studied in addition to the potential impacts. He related: two hundred police calls for services could be negative; it is a fact that communities with cardrooms can still be nice places to live; San Mateo is a nice place to live with a race track; if the devel- opment is not successful the site will still be cleaned up with a development on it; this is revenue that the City needs; he has watched the revenues level off and diminish for a long time and the City has not seen a balanced budget in the last five years; there has been a reduction of 20 employees, reduced services and the police have seen nine officers leave; the same is true in fire, libraries and park and recre- ation; maintenance deferred maintenance is on-going and capital improvements are not being made; the revenue t¥om the development is a reality and he has not seen anyone step forward to suggest other reve- nues to maintain desired services; etc. Discussion followed: Councilwoman Teglia would support a policy that includes language that would permit the interest from the portion that would be set aside for general operations are on an on-going basis; City Attorney stated Council may wish to amend the proposed policy on page 3,d to "any interest earned on such funds may continue to be used for general fund operational expenses"; such funds refer back to gross revenue gaming funds. M/S Teglia/Fernekes - To adopt the policy as amended where any interest earned on such funds may be used for General Fund purposes. The vote on the Motion/Second did not carry by majority roll call vote, Mayor Yee voted no. Interim Director of Economic & Community Devel- opment Beyer stated this report was prompted by Council requests and proceeded to give the report. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. M/S Fernekes/Teglia - To waive reading and intro- duce the ordinance. 7/26/95 Page 17 AGENDA ACTION TAKEN ...-.LEGISLATIVE BUSINESS :1. Motion- Continued. .508? related to merger of contiguous parcels. 5 1 ~ 7 AN ORDINAI~ICE OF THE SOUTH SAN FRAN- CISCO CITY COUNCIL ADDING SECTION 19.48.180 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO MERGER OF CONTIGUOUS PARCELS ITEMS FROM COUNCIL 22. Consideration of adoption of resolution opposing the Airline Transportation Association's position on the extension of BART to the Airport as submitted by the City of San Bruno. `fro/:, % A RESOLUTION OPPOSING THE AIRLINE TRANSPORTATION ASSOCIATION'S POSITION ON THE EXTENSION OF BART TO THE SAN FRANCISCO INTERNATIONAL AIRPORT o Resolution opposing the San Luis Drain Project. A RESOLUTION OPPOSING THE SAN LUIS DRAIN PROJECT 24. Appointments to the Cultural Arts Commission by the Mayor with the concurrence of Council. ~DO[a 25. Appointment to the Public Facilities Board of Mr. Stan Davis by the Mayor with the concurrence of _ _ Council. .~/-~'~ GOOD AND WELFARE LOSED SESSION 26. Closed Session: pursuant to GC 54957.6, to meet with its designated representatives - City Manager, LEGISLATIVE BUSINESS Carried by unanimous voice vote. ITEMS FROM COUNCIL Mayor Yee continued the item to the next meeting. Mayor Yee continued the item to the next meeting. Mayor Yee stated the City Clerk had received three applications and asked these people be considered as Commissioners. M/S Teglia/Fernekes - To appoint Alicia Gonzalez, Shirley Nichols and Ronald Burgess as Cultural Arts Commissioners. Carried by unanimous voice vote. Mayor Yee asked that the item be continued. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 11:27 p.m. 7/26/95 Page 18 AGENDA A~!ON TAKEN ...CLOSED SESSION 6. Closed Session - Continued. Assistant City Manager, Director of Personnel and Labor Negotiator on labor matters and the employee organization is Police. RECALL TO ORDER: ADJOURNMENT: CLOSED SESSION Mayor Yee recalled the meeting to order at 11:40 p.m., all Council was present, no action was taken and direction was given. M/S Teglia/Drago - Order of continuance to adjourn the meeting to Thursday, 7/26/95, 9:30 a.m., at City Hall, City Council Conference Room to contin- ue tonight's meeting. Carried by unanimous voice vote. Time of adjournment was 11:40 p.m. RESPECTFULLY SUBMITTED, ~ity Clerk~~ City of South San Francisco APPROVED. Robert Ye ,~Mayor City of SouTh San Francisco The entries of this Council meeting show the action taken by the City Council t,b 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. 7/26/95 Page 19