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HomeMy WebLinkAboutMinutes 1995-08-09 Mayor Robert Yee Council: Jack Drago Joseph A. Fernekes ...... lohn R. Penna Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room August 9, 1995 SPECIAL MEETIN_G_ CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUGUST 9, 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 9th day of August 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 GC 54956.9(a) conference with legal counsel on existing litigation, 2 cases: Antonelli vs. City of South San Francisco and Syufy vs. Alioto, et al. Dated: August 7, 1995 Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session, pursuant to GC 54956.9(a) conference with legal counsel on existing litigation, 2 cases: Antonelli vs. City of South San Francisco and Syufy vs. .... A_lioto, et al. ECALL TO ORDER: A_C!IQN TAKEN 7:30 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. Council adjourned to a Closed Session at 7:31 p.m., to discuss the item noticed. Mayor Yee recalled the meeting to order at 7:37 p.m., all Council was present, no action was taken and direction was given. 8/9/95 Page 1 AGENDA ACTION TAKEN ADJOURNMENT: M/S Teglia/Fernekes - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:38 p.m. RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk~/ City of South San Francisco APPROVED. Robert Yee, Mayor City of SouthiSan Francisco The entries of this Council meeting show the action taken by the City Council to 3ispose 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. 8/9/95 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 August 9, 1995 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ,.SENDA REVIEW City Manager Wilson Requested: - Items 13, 23 and 24 be removed from the Agenda. - Item 19 does not require a resolution. ORAL COMMUNICATIONS ACTION TAKEN 7:40 p.m. Mayor Yee presiding. Council Present: Drago, Fernekes, Penna, Teglia and Yee. Council Absent: None. The Pledge was recited. Rev. Neely, Grand Avenue Babtist Church, gave the invocation. PRESENTATIONS There were no presentations. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS Mr. Michael N. Kaplan, 635 Heather Court, Pacifi- ca, stated he is the co-owner of the Alta Loma Preschool which leases its space from the Grace Covenant Church at 740 Del Monte Ave., in S.S.F. He stated the preschool is licensed by the State of CA, Department of Social Services, Community Care Licensing Division on 8/31/93. He proceeded to supply information on the pre- school: opened on 9/7/93; Monday through Fri- day, from 7:00 a.m. until 6:00 p.m.; 36 children ages 2 through 5; breakfast, lunch and snacks are served daily; there are five employees; directly across the street to the west is the old El Rancho School site which houses Eskridge Preschool, Head Start, Art Rise and sometimes bingo; to the south is the Church Parsonage; directly behind to the east is 8/9/95 Page 1 AGENDA r~RAL COMMUNICATIONS 819/95 Page 2 ACTION TAKEN ORAL COMMUNICATIONS the property of the Alta Loma Middle School; to the north is the residence of Robin and Laura Sugimoto and family; the Sugimotos and the Preschool play- ground share a wooden fence which has a gate physically connecting the fence with the south side of their house, being the gate to their back yard; in response to complaints by the Sugimotos the Pre- school staff took steps to prevent the children from coming in contact with the fence which the Sugimotos claimed transmitted vibrations via the gate to the house; in May of 1994, Robin Sugimoto came to the Preschool and thanked staff for their efforts for the vibrations had stopped; in May of 1995, the Sugimotos again came to the Preschool and complained of vibrations and noise from the children in the playground; he met with the Sugimotos on 6/5/95 to see if we could resolve the issues; we were unable to do so, and next received a letter from their lawyer threatening a lawsuit, and a letter from the City of S.S.F. advising the Preschool it needed a business license; when he sought to do this he was advised by the Planning Division he needed a use permit and he began the application process and was advised to attempt to resolve the complaint from the Sugimotos; he and the Sugimotos met Judge Mark Forcum on 7/31/95 in Redwood City; Judge Forcum offered to mediate and the parties agreed to the following - children will not be outside playing before 8:30 a.m., the Preschool will construct an additional fence three feet south of the existing fence, a higher level of supervision will be maintained in the playground when children are present; he was informed on 8/2/95 that despite the mediation the Sugimotos plan to continue to argue their case before the Planning Commission at a public hearing 8/17/95; he came to this meeting tonight to ask Council not to allow the Planning Commission to be used by the Sugimotos to get the Preschool. City Manager Wilson stated this matter is before the Planning Commission and any discussion should only be before the Commission. Discussion followed: if this is not resolved before the Planning Commission it can be appealed to the Council; etc. Mr. John Cantley stated he is a lay minister, has A__O_E_ N D A : tnRAL COMMUNICATIONS 8/9/95 Page 3 ACT_~QN TAKEN ORAL COMMUNICATIONS been observing the programs for preschools and feels they are pretty beneficial to the City and ev- eryone with a child is familiar with the need. He stated the school is only two years old and has a great relationship with the community. He has observed the dedicated staff of people and how it is professionally run. Ms. Patricia Burke stated she went to the meet on BART and the aerial alignment is not acceptable to SamTrans and will return to the table with the alter- natives. She related: there is a growing concern about the changing around of ideas on BART and are listening to her concerns on human health; she had presented an article to the City Clerk on "Par- ticulate Air Pollution as a Predictor of Mortality in a Prospective Study of U.S. Adults". She also stated that she is going to run for City Council. Mr,. Albert Pasco stated he was the owner of Welte's Bar and cardroom at 205 Grand Avenue. There appears to be confusion on his position, some individuals have been misrepresenting his position. He and his wife support Measure A and think it is good and will volunteer to help to pass Measure A. Mr. Jim Claar stated he was the Chairman of the No on Measure A. He had brought out the guns to- night. It has been said his Committee has been backed by the gaming industry on the no vote. He took a look at the first report and it upset him to think we only had a few hundred and the yes com- mittee had $100,000 on their first report. You can understand our problem, so if the money came to us from them - where is it. We are a group of little people that don't believe in it and we looked at San Jose and the things that hapPened, the social prob- lems and welfare and don't know how good this is going to be. Mr. de Bartolo says we could keep the industrial city, well he doesn't want to see it as the gaming city. He knows that 150 tables is not just going to be a cardroom, but major gaming in the future. There was an incident that happened on Monday: he had two signs on Chestnut and went by there and the signs were down; he investigated; the Yes on Measure A Committee contacted the service station, and he would say with intimidation, and AGENDA ACTION TAKEN _ C~RAL COMMUNICATIONS 8/9/95 Page 4 ORAL COMMUNICATIONS asked to put up a sign and took ours down when we had permission from Mr. Tam and Nickey; they claim today we did not have permission; he went to the Police Chief and asked him; he talked to Mrs. Teglia and they were in her garbage can and her son Mark brought them out and put them in the trunk. Councilwoman Teglia replied: that business had been contacted for a sign location; the owner of the business asked what Measure A was and we ex-. plained and he was enthusiastic; he said you can put your sign up and told us to take down the others; if Mr. Claar had put his Committee name on there it would have been returned; when Mr. Claar called we said we would return them to you and did not believe they were damaged nor in the garbage; etc. Mr. Claar questioned: are you telling him he did not go to Roberta's house and you apologized to him fqr the way he was treated; he had been told these were a couple of your souvenirs and Jake Jones and others were in your house; he talked to the service station owner today and they had not said to take down his signs. Councilwoman Teglia stated Mr. Claar came in and was contentious, people said things to you and she apologized to you because it was my home and she is sorry she apologized. Vice Mayor Drago said Mr. Claar stated here publicly there is no money coming into your cam- paign from any outside clubrooms, then the allegation a partner in the San Pablo cardroom approached you is not true. Mr. Claar replied, absolutely not true, we have no money and we are not having people bothering us. Mr. Bill Mercer stated Mr. de Bartolo is interested is building first class and has a first class football team, but a first class establishment does not guar- anty first class customers. They are going to hire 100 security guards which is $1 million a year and when you are in business you don't spend that on having trouble just a couple of times a year. What will happen is you will have people that are gam- bling addicts and will look for money and they may be able to walk there or will drive over to Tanforan AGENDA _ ORAL COMMUNICATIONS 8/9/95 Page 5 ACTION TAKEN ORAL COMMUNICATIONS or a local store and watch for a likely victim who is old or handicapped and have another follow home crime. If the Council wants to bring money into the City from heroin or cocaine factors and was glad that was not on the ballot too. Mr. Arthur Tognazzinni stated everywhere and any- where anyone looks you will see newspaper reports about gaming disasters one after another and the city is left holding the bag with gaming. He stated the City does not need developers to turn this into a downtown Reno, so, go and say no to financial disasters and vote no on gaming and prostitution. Ms. Candice Gianni, 78 Leo Circle, stated she wanted to talk about the jobs Hollywood Park claims it will bring, yet in 1992 residents of Inglewood were persuaded to allow the construction of a card club in the community and were promised 3,000 jobs and increased City revenue, shopping and possibility of careers in the industry and Hollywood Park spent $450,000. Hollywood Park opened and 809[ of the food and 609[ of the restaurant employ- ees reside out of the City. The commitment to local help went to train people to mop floors and serve food as part of the skills paid for by the taxpayers and Hollywood Park is getting up to 5 % of the unskilled employees salaries back from the the Fed- eral Government. In an effort to put an end to the abuses, they have united tonight to bring justice and security for they again promise full-time jobs, but not at 40 hours a week and no benefits. She proceeded to speak of other employees being given more work than they can handle. Ms. Maria D'Alessandro stated she did not believe this City can afford losing the businesses that do not want to be around a cardroom. She stated many believe the Chamber of Commerce endorsed the cardroom, but most of the Boardmembers do not even live in S.S.F. She urged voters to vote no on Measure A. Ms. Teresa O'Brien stated the cardroom alone will be the largest in Northern Calif. and the fourth AGENDA AC!ION TAKEN .ORAL COMMUNICATIONS 8/9/95 Page 6 ORAL COMMUNICATIONS largest in the State. She questioned if that was needed for today's kids and families and wanted people to look at them as social hangouts which the parents monitor, but with both parents working until late hours that is not done. Does not society as a whole and developers have a certain amount of integrity in designing these places for youth. She did not believe that retail for children should be in with a gaming facility. Gaming is a personal choice, but what will the children do combined with the big choice for is it wise for them to witness this. The economic benefits will help the City, but at what price - she felt it was too high. Mr. Pedro Gonzalez spoke against the Measure: government corruption is one of the most significant problems when the under the table deals are not discovered; it will bring more negative impacts to the City; Representatives Montgomery and Atwood were accused of bribery. He felt it was wrong to bring in Hollywood Park to build the casino and urged everyone to vote no on Measure A. Mr. Joe Valcazar related: it was a big thrill to be in the same room with Eddie de Bartolo and Roger Craig, but we have to get to what is at hand; he had voted for everyone on the Council; he was con- cerned about a letter he received from the City the last part of July; the last page says we would not support Measure A if it were not an overwhelming benefit to the City which you will see once we are able to get the facts to you; he is here tonight to speak on how he feels about this issue that has been discussed since May; he has the funny feeling things are not right, some of our leaders are misleading the public; why are trusted leaders making misleading statements and wanting us to accept them as true; now it seems one of our former leaders, the former Police Chief, Jim Datzman spoke in favor and refer- enced his former stand against gaming in the City; Mr. Datzman said things have changed and gam- bling is everywhere and he is in favor of it; Mr. Datzman seems to be telling us gaming is bad, but now that it is everywhere it is good for the commu- nity and knowing a lot of revenue is going to be generated - why turn it down; can we believe this twisted logic, because where gambling has been illegal - shopping is not; he urged the Council to turn this proposal down. A~ENDA - ~RAL COMMUNICATIONS 8/9/95 Page 7 ACTION TAKEN ORAL COMMUNICATIONS Rev. Richard Neely, 801 Miller Ave., stated he visited a family and without solicitation the lady said that gambling was the reason her home broke up. She told him her guy gambled away the money she earned and he had to leave the State; teenagers are betting $1 million; experts are saying don't drink and don't take drugs, however, no one is saying anything about gambling; he feels the lottery is developing teenagers into compulsive gamblers; there is increased acceptance of gambling, lottery and parimutuels; last year americans only wagered $400 billion; now teenagers, 7%, became pathologi- cally hooked, resorted to drugs even prostitution, criminals activities and suicide; parents drop off their kiddies and don't retrieve them until 4:00 a.m.; it is said that the casinos help pay for community functions, little league equipment and do many things; do you know who is going to be the presi- dent of the Chamber; etc. Mr. Cally West feels gambling is bad, because if you throw your money into gambling you can lose all your money. Mr. Phil Weiss stated there is an old adage, if some- thing looks too good to be true, it is. This will be a magnet for criminal activity, this is not a scare tactic, this is abundant in social disruption and crime accompany. In a recent article about the Bay 101 Club social workers are quoted as saying they have seen people all around them losing their jobs and their relationships. Police Chief Raffaelli has stated on many occasions that the proposal will require six new officers, this is in additional to the security personnel needed by the Developer. The fact that so many security are needed is a clear indication that the Council and the Developer expect the criminal to move in the area, and the Police Chief talked about the activities of loan sharking, money laundering, follow home robberies, skimming and organized crime. Do law abiding people want this activity in their backyard - vote no on Measure A. Ms. Beverly Bobblit resident for approximately 40 years and a former Planning Commissioner for eight years. She read an article on the proliferation of proposals for gambling casinos through the State. Councilman Penna related that his only experience AGENDA ~ ~RAL COMMUNICATIONS 8/9/95 Page 8 ACTION TAKEN ORAL COMMUNICATIONS with cardrooms was being a twenty year property manager of a property adjacent to the parking lot of Artichoke Joe's and had never had a problem. The proposed casino will allow the two cardrooms on Grand Avenue being removed to alleviate problems. Vice Mayor Drago stated he also read articles about San Jose's cardrooms and their quality of life. He thought Mr. Datzman handled himself excellently, took exception to the attack upon him, but did not feel his credibility needed to be defended. He also felt that Police Chief Raffaelli comments were taken out of context and there will be another letter from him. He stated when the Council started to look at the police calls it is really getting out of proportion. No one has questioned their analysis based on the analy- sis of other cities. The 200 a year, that may seem like a lot, but how many calls did the police respond to last year - 31,000, so we are talking about 1/2 of 1%. To put other things in perspective one should note that the records also point to responses by police to Kaiser, the high schools and the Price Club. He also took exception to earlier opposition to the Conference Center which was said to be the wrong location, it will flood, not sufficient parking and the Council was moving too fast. There was opposition to BART, the Airport noise insulation, senior hous- ing on Baden which was said to have too high a density and in each incident it was said, you are moving too fast - slow down. He said from the beginning of the campaign that he was not going to get involved. He questioned if Mr. Dell'Angela, as a planner, could name a more hazardous site. People continue to talk of jobs and that the City cannot require the Developer to give residents preference in jobs. He remembers discus- sions on Sign Hill driving people away from the area. He stated this reminded him of River City, however, it was a pool hall. He had not heard anything about the bingo parlor and someone getting shot. There are a group of people that are addicts, but he did not want to live in a society where the rules are set for the lowest common denominator. Do we deprive our people from bars because there AGENDA ORAL COMMUNICATIONS 8/9/95 Page 9 ACTION TAKEN ORAL COMMUNICATIONS is not a compulsive set of eaters or shopping malls and deprive them of bingo parlors. He felt that would be ludicrous for we all have our weaknesses. What he saw facing the nation are deficits and drugs. He stated the articles he has read are on teenage smoking and that has to be solved by that generation. He was in support of Measure A and stands by his statements. Councilwoman Teglia felt the whole issue was turn- ing into political gamesmanship. She proceeded to itemize the benefits from the project. She felt the City was on the brink to slip or slide and deterio- rate. One should look at the parks and the deferred repairs not done or when was the last raise employ- ees received; etc. Councilwoman Teglia spoke in favor of Measure A and cited the following benefits: the site is accessi- ble and will not require cars to go through our streets because the freeway access is there; she did not know of another project that has as little an effect on the City; the comment about leaders chang- ing their minds - everything changes and we are not ever to be so inflexible where we cannot analysis changes; we may disagree with Mr. Dell'Angela for otherwise he would still be our City Planner; ac- cording to Mr. Dell'Angela we have never done anything right - there is something wrong with that attitude; the issue of preference in jobs he says is illegal and he did ask the City Attorney, but it is going on in Palo Alto; this is not a job guaranty, but if they are qualified for a job and if they pass the background check they can be hired but must be clean; if they do that they can have first preference; if something sounds too good to be true, it is that it is jaded; she will not run for another term; the people need good parks and good government and good streets; we can not do it on the revenues com- ing in; she spoke of the changes in the town over the years from a meat packing town; she spoke of hypocrites, people who are presenting themselves in one way and are something else; etc. Councilman Fernekes stated he also was in favor of Measure A and refuted comments made earlier on the Conference Center, jobs from the casino and criticism of Jim Datzman and the City's image; the peoPle should get all information on this matter; AGENDA ACTION TAKEN ---ORAL COMMUNICATIONS 8/9/95 Page 10 ORAL COMMUNICATIONS Mr. Mark Rivers stated Mr. de Bartolo, as of this morning, joined forces with Bay West for the pur- pose of developing the Shearwater Project and will comply with the elements of a sports and entertain- ment development. He proceeded to describe Mr. de Bartolo's enterprises: he has enterprises worth $55 million in 16 states; he has been affiliated with the S.F. 49ers since 1977; his organizations have top marketability in Northern California; he will cooperate with the government and U. S. Steel to plan an effective cleanup of the site; and he felt the cardroom with give a strong economic boost to S.S.F. Mr. de Bartolo stated he had been aware of the S.S.F. sign, S.S.F. the Industrial City, since 1977 and paralleled it to hard working efforts of the forty niners and the industrial city of Youngstown, Ohio. He related: He was glad to be in S.S.F.; he has known the Shearwater site for twenty years; it rep- resents an opportunity to create commercial develop- ment with its location and accessibility; he is im- pressed with the Oyster Point Marina and Gateway and feels the Shearwater development will be just as attractive; the gaming club will go a long way to ensure the success of the project; he has twenty years of experience in development; this will be a first class development with sensitivity; he believes in dignity, class and tremendous community in- volvement in a development; etc. Mr. Roger Craig, former 49er, stated he was drafted in 1983, Eddie de Bartolo drafted him again and he looked forward to working with the community in football camps and other positive things needed. Mr. Joe Stamatis stated Roger Craig was a tough act to follow. He stated this was the first opportunity he had to speak because of illness, had read all of the staff reports and watched the meetings. All he has heard is about loan sharking and drugs and money laundering, but no statistics to verify just that people have lost their homes. If this passes it will clean the toxic site, people will have access to the water and fishing and will be a ~ENDA ACTION TAKEN ....ORAL COMMUNICATIONS 8/9/95 Page 11 ORAL COMMUNICATIONS windfall for the Shearwater site is the worst piece of vacant land in S.S.F. Ms. Beverly Bobblitt stated that if it sounds too good to be true, it probably is. She stated the peo- ple for Measure A had spent $120,000 while those against the measure have only contributed $4,000. She stated if Mr. de Bartolo wanted to build a ball park she would be in favor of it for S.S.F. is a caring, family oriented and we do not want a card- room. Ms. Mina Richardson stated that image is every- thing, and urged voters to vote no on Measure A and preserve our image of quality and respectability. Mr. Lou Dell'Angela stated there is big money and big lies in this campaign with the publicity and correspondence received daily. It bothered him to have outsiders coming in here and buying this election and some Councilmembers are helping sell us. He related: this is the most prominent site in the City; the site is within a mile of City Hall and robbers can drive to homes; the reason this has not been developed is not because of the toxic site, but housing and law suits; there are three super funds in that area, but not the Shearwater site even though the Developer projects a toxic cleanup of $10 mil- lion; this is four times the size of any cardroom in Northern California and with big time gambling comes the criminal element; de Bartolo will not come in and develop without the cardroom; Police Chief brought up issue of extortion and crime; you can't guaranty jobs for any residents; this ordinance is not going to protect anyone and the cardroom operators will elect every Council- member; he urged everyone to vote no on Measure A. Ms. Ramona Maleplai, 202 Juniper, related: this is not good for our City when you can see all kinds of drug dealings on Grand Axle.; this is not something to be glorified, but will bring us down; she does not want any more homeless or drug addicts; she feels dumped on and placated. Mr. Jim Datzman related: good people and good friends are finding themselves on opposite sides of Measure A; on 1/27/93 he had asked for new reve- AGENDA ACTION TAKEN -ORAL COMMUNICATIONS (Cassette No. 2) 8/9/95 Page 12 ORAL COMMUNICATIONS nue and had noted problems and convictions; he suggested that if a cardroom is allowed it needed strong control; in 1993 the former City Manager would not let staff or the Police Dept. share in his report - not so today; he chronicled legislative events in Sacramento up to the present on card- rooms; noted the difference in regulations, plus the approach of a new City Manager and stated he supported Measure A because the police had lost nine positions because of reduced revenues; he feels the voter pamphlet has more than sufficient infor- mation that people should read and become in- formed. Mr. Jake Jones related: this issue was now in the hands of the voters; Jim Claar met him in the mid- dle of the street and asked where his sign was; saw him this morning at Councilwoman Teglia's and asked again; he lamented the fact there are no shoe stores, as well as the few stores in the downtown area for the hardware store has been on Grand Ave. the longest; people complained about development on South Slope and the butterflies and held up the development for years; while out riding four people asked for a Measure A sign; Artichoke Joe's gives money to churches and is located under 100' from a residential area; etc. Ms. Brenda Day related: has two teenage daugh- ters; over 75% of all sport groups receive money from Artichoke Joe's in addition to the schools; this cardroom is an opportunity too good to pass up when school programs are being dropped. Mr. Lee Strieb stated his union supports Measure A and Hollywood Park will negotiate a contract for a lot has changed and the Inglewood Racing Park is a union shop. Mr. Ed Geoffre, 737 W. Orange Ave., stated he represents 5 Brothers and supports MeasUre A. Mr. Tony Khorizian asked Mayor Yee how much he contributed to defeat Measure A. Mayor Yee told Mr. Khorizian to look at the cam- paign statement filed with the City Clerk. Mr. Khorizian stated if the Mayor voted no, and AGENDA ACTION TAKEN ORAL COMMUNICATIONS RECESS: RECALL TO ORDER: COMMUNITY FORUM CONSENT CALENDAR 1. Motion to approve Minutes of the Regular Meeting of 5/24/95. Motion to confirm expense claims of 8/9/95. ~0/-.~ Motion to approve the Fourth Quarter Performance Report for the San Marco County Convention and ORAL COMMUNICATIONS he is the Mayor, then the Committee should not have used his title in their campaign literature because people think he is speaking for the City. He was sure the Mayor was going to vote no and would not change his mind, however, he will never vote for Bob Yee. They are putting signs on the churches against Measure A, yet bingo is going on and they are getting money, yet put up signs that gambling is a crime - and they say bingo is not. Businesses are closing and people are working a few hours a week rather than 40 hours a week. Mr. Gary Saunders, Plumbers & Steamfitters Union, stated the Union supports Measure A for an agree- ment had been negotiated to use San Mateo County workers and the Central Labor Council will be asked to also endorse Measure A. Ms. Joy Ann Wendler stated it is a shame this is such an emotional and divisive issue, she is not a gambler, but attended two public hearings. She felt no one can say anyone has suffered in San Bruno and San Jose is one of the fastest growing cities with gambling in place for 40 years. She stated that people are moving their families to Nevada and are not bothered by gambling. Our Police Department ii recognized as one of the best in the County and will not advocate it one way or another. She asked people to read their ballot for gambling is here and there are not major problems. Council adjourned to a recess at 9:45 p.m. Mayor Yee recalled the meeting to order at 10:00 p.m., all Council was present. COMMUNITY FORUM No one chose to speak. CONSENT CALENDAR Approved. Approved in the amount of $1,579,419.66. Approved. 8/9/95 Page 13 AGENDA ACTION TAKEN .-C-ONSENT CALENDAR ,. Motion - Cominued. Visitors Bureau activities and the Conference Center Authority's recommendation on disbursement of funds. 5~ ~ Resolution approving Citizens Review Committee budgets of County Cottage Cafe and Worlds Beyond on Grand Avenue. ,~'~ ~'~ A RESOLUTION APPROVING DOWNTOWN FACADE IMPROVEMENT GRANTS FOR THE COUNTRY COTTAGE CAFE AND WORLDS BEYOND Resolution approving budget amendment for the renovation of Avalon Lots/Zamora Park improve- ments. A RESOLUTION APPROVING AMENDMENT CIP-11 TO THE 1994-1995 CAPITAL IMPROVE- MENT BUDGET FOR RENOVATION OF THE AVALON LOTS/ZAMORA PARK IMPROVE- MENTS o Resolution designating the Director of Public Works as the City's Agent to execute all Right-of-Way Cer- tifications required. .5't~ SD A RESOLUTION DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS A RIGHT-OF-WAY AGENT TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS REQUIRED FOR STATE AND FEDERALLY FUNDED PROJECTS Resolution awarding construction comract for the Armour Avenue Reconstruction Project to Satterfield & Co in the amount of $284,195 as the lowest re- sponsible bidder. ,5'0 ~ tO A RESOLUTION AUTHORIZING AN AWARD OF CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SATTERFIELD & CO. FOR THE ARMOUR AVENUE RECONSTRUC- TION PROJECT Resolution authorizing award of design contract to Metcalf & Eddy in an amount not to exceed $65,000 for plans, specifications and advertising to replace the CONSENT CALENDAR RESOLUTION NO. 79-95 Removed from the Consent Calendar for discussion by Councilwoman Teglia. RESOLUTION NO. 80-95 RESOLUTION NO. 81-95 8/9/95 Page 14 AGENDA A~TION TAKEN CONSENT CALENDAR Resolution- Continued. screens with comminutors at the San Mateo and Shaw Road pump stations. 30 ~-7 A RESOLUTION APPROVING AWARD OF CON- TRACT FOR REPLACEMENT OF BAR SCREENS - SAN MATEO AVENUE AND SHAW ROAD PUMP STATIONS Resolution authorizing agreement with Bayshore Ambulance Company to provide backup basic life support transport service. ,SD q A RESOLUTION AUTHORIZING AN AGREE- MENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BAYSHORE AMBULANCE COMPANY TO PROVIDE FOR BACKUP BASIC LIFE SUPPORT TRANSPORT SERVICE 10. Motion to adopt an ordinance to extend the time period after a nonconforming use has ceased use of a building. ,.%'-O ~ 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 11. Motion to adopt an ordinance related to the merger of contiguous parcels. ~d> ~ q' AN ORDINANCE 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 ,. Motion to cancel the Regular Meeting of 8/23/95. 13. Resolution approving proposed reorganization plan, job specifications, salary ranges and unit determina- 8/9/95 Page 15 CONSENT CALENDAR RESOLUTION NO. 82-95 RESOLUTION NO. 83-95 ORDINANCE NO. 1171-95 ORDINANCE NO. 1172-95 So ordered. AGENDA CONSENT CALENDAR 3. Resolution - Continued. tion for the Building Division. A RSEOLUTION APPROVING FIRE PREVENTION BUILDING DIVISION REORGA- NIZATION AND APPROVING JOB SPECIFICA- TIONS, SALARY RANGES AND UNIT DETER- MINATION 14. Resolution authorizing preparation of a master agree- ment for design and construction support services for the Aircraft Noise Insulation Program. ~,9,.~ A RESOLUTION AUTHORIZING AND DIRECT- ING THE CITY MANAGER TO PREPARE A MASTER AGREEMENT FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE AIRCRAFT NOISE INSULATION PROGRAM 15. Resolution authorizing preparation and execution of supplementals to the master agreement for design and construction support services for the Aircraft Noise Insulation Program. ~SL~ A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AND EXECUTE SUPPLEMENTS TO THE MAS- TER AGREEMENT FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE AIRCRAFT NOISE INSULATION PROGRAM Resolution approving budget amendment for the renovation of Avalon Lots/Zamora Park improve- ments. ~DD A RESOLUTION APPROVING AMENDMENT CIP-11 TO THE 1994-1995 CAPITAL IMPROVE- MENT BUDGET FOR RENOVATION OF THE AVALON LOTS/ZAMORA PARK IMPROVE- MENTS ACTION TAKEN CONSENT CALENDAR 285 Removed from the Consent Calendar by the City Manager under Agenda Review. City Clerk Battaya stated Items 14 and 15 are com- bined into one staff report. RESOLUTION NO. 84-95 RESOLUTION NO. 85-95 M/S Penna/Fernekes - To approve the Consent Calendar with the exception of Items No. 5 and 13. Carried by unanimous voice vote. Director of Parks, Recreation & Community Ser- vices Nagel stated he had worked with homeowners to see how the fees should be done to renovate the lawns and make more open and do improvements to play lot benches and renovations. Mr. Richard Garbarino, 400 Avalon Dr., thanked staff for he had waited 30 years for something to be done in the park. M/S Teglia/Penna - To adopt the Resolution. 8/9/95 Page 16 AGENDA A~TION TAKEN ...5. Resolution - Continued. ADMINISTRATIVE BUSINESS 18. Resolution appropriating $12,500 in expenditures to the Conference Center Fiscal Year 1995-96 Budget to fund the Performance Incentive Program. ~5/-fO~ A RESOLUTION OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO APPROVING A BUD- GET APPROPRIATION OF $12,500 TO THE CON- FERENCE CENTER FISCAL YEAR 1995-96 BUD- GET FOR A PERFORMANCE INCENTIVE PRO- GRAM RESOLUTION NO. 86-95 Carried by unanimous voice vote. Councilman Penna asked that Item 18 be heard next due to the Executive Director's pregnancy. ADMINISTRATIVE BUSINESS Executive Director O'Toole gave the staff report. Councilmember Teglia stated there was a subcom- mittee and this item was hammered out and the Board endorsed the Program. Vice Mayor Drago commented: he had a problem with excluding reserves; he was not a supportive of bonuses for it is not equitable if the supervisor is the only one or a few who get them; would rather see the money be put into a pool and disbursement be designated by this process; he questioned how the 6.8 % figure was arrived at; etc. Executive Director O'Toole stated it was for three employees, but felt more equitable to include all employees and the Board felt it was best to start with $12,500 for 7 employees for this program. Vice Mayor Drago stated the Board could easily come up with paper revenue surplus and then the Executive Director would get 25% and the Secretary 6% in bonuses. Discussion followed: this is a sales organization and the check is the Authority which Council should trust, because they are looking out for abuses; the action before Council is to approve or not approve, whereas the programs were delegated to the Confer- ence Center Authority; programs are reviewed year- ly; if no surplus the performance program is not triggered; the $12,500 would not be received until a year from now; the program is to supplement step increases; etc. M/S Penna/Teglia - To approve the Resolution. RESOLUTION NO. 87-95 Carried by majority roll call vote, Councilmember Drago and Mayor Yee voted no. 8/9/95 Page 17 AGENDA ACTION TAKEN _2UBLIC HEARINGS 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 PUD-95-42 subject to the findings and conditions in the staff report - continued from the 7/26/95 meeting. .5t9 ~ 17. Public Hearing - To consider PUD-95-43 and Nega- tive Declaration No. 795, Planned Unit Development for the construction of a 30 unit motel plus manager's unit with less standard setbacks and parking at 751 Airport Boulevard, in the P-C Planned Commercial Zone District, in accordance with SSFMC Section 20.84; Applicant Raj Patel; Conduct Public Hearing; Motion to approve Negative Declaration No. 795 and PUD-95-43 based on the findings and conditions in the staff report. .~tg~ c] PUBLIC HEARINGS Mayor Yee opened the Public Hearing. Attorney Corey stated he had asked for a continu- ance on this item to 9/13/95. Mayor Yee stated he was not aware that a continu- ance had been requested. Attorney Corey stated he indicated there was litigation and he wanted the two applicants and two Councilmembers to work out the application before he goes to Court tomorrow. Discussion followed: Councilwoman Teglia would like to serve on the Subcommittee for the site is not a benefit right now; a Subcommittee had been set up for the Salvation Army site to work out the details; because this is a planning application only it is not improper to establish a Subcommittee because any action requires three votes of the Council. M/S Teglia/Fernekes - To continue the item to 9/13/95 and establish a Subcommittee to meet. Carried by majority roll call vote, Vice Mayor Drago and Mayor Yee voted no. Mayor Yee opened the Public Hearing. Chief Planner Solomon stated staff and the Applicant had met with the Old Town Homeowners Assn. to rectify their concerns, the building was redesigned without access to Armour and a 20' setback. Mr. Leong stated he represented Mr. Patel and concurred with the staff report and feels they can respond to any concerns. Mayor Yee closed the Public Hearing. Discussion followed: Applicant felt the landscaping softens the effect of a commercial building and is drought resistance; Councilwoman Teglia will vote against it because she does not like the architecture of the tower and questioned its purpose; the tower is required by the franchise for signage per Holiday Express; Vice Mayor Drago had a problem on that street for a structure should be the top of the line 8/9/95 Page 18 AGENDA ACTION TAKEN . PUBLIC HEARINGS 7. Public Hearing - Continued. ADMINISTRATIVE BUSINESS 19. Resolution to approve the reconfiguring of the Man- agement and Confidential Unit into separate repre- sentation units, to_~ c) o A RESOLUTION ESTABLISHING SEPARATE MANAGEMENT AND CONFIDENTIAL REPRE- SENTATION UNITS PUBLIC HEARINGS and did not feel concessions should be made on parking; Councilman Penna wants to improve on the parking area view; Mr. Leong would create frontage with one entrance, one exit and create a barrier so people could not walk through; there is a nice motel in San Bruno with parking underneath and the Manager's apartment on the first floor; Councilwoman Teglia will not vote until she sees a better design; Councilman Fernekes is concerned about height for that area when other buildings are two stories; continue the Public Hearing and estab- lish a Subcommittee to meet with staff and the appli- cant; etc. M/S Teglia/Penna - To table the item and renotice it after it has gone through the Planning Commission. Vice Mayor Drago asked if the Subcommittee could work with PG&E to clean up their site across the street. City Manager Wilson stated the Subcommittee will come up with criteria. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS City Clerk Battaya stated when the staff report was received on Friday, after the Agenda was printed, it read, staff is opposed to change of status for the Management & Confidential Group to that of for mal recognition as a bargaining unit. So, a resolu- tion is not required. City Manager stated the unit has certain rights under the Miles Act, he does not support the request and it will hamper him. He stated that individuals had approached him to split away from the Confidential Group, but he does not see the need to formalize the group and felt he could work with them. Mr. Terry White, Street Department, related: this petition was brought forward September of 1994; there was discussion amongst Council; he feels it is a reasonable split and formal recognition is needed. Mr. Frank McAuley related: it was almost a year since Council saw the petition; wants Council to 8/9/95 Page 19 ~ENDA ADMINISTRATIVE BUSINESS 9. Resolution - Continued. 20. Motion directing staff on how the Fiscal Year 1994/1995 Stormwater Program Fund Balance should be used. ~0 ~ 7 ['EMS FROM COUNCIL ~ 1. Consideration of adoption of resolution opposing the Airline Transportation Associations's position on the ACTION TAKEN . ADMINISTRATIVE BUSINESS pass the resolution and recognize the unit; City Manager Wilson mentioned he liked to act unilater- ally, however, he did not feel that was fair when they are the only Unit without representation. Discussion followed: there are 10 to 12 individuals that feel they want to be identified as a separate group from the Confidential Unit; Councilwoman Teglia felt the units should be split and recognized; City Attorney stated he can reconfigure the two representative units and then in the substantive pro- cess get representation. Motion by Teglia - To change to a Management Representation Unit and a separate Representation Unit for the Confidential Group. Motion died for lack of a Second. City Manager Wilson stated once the units have representation he has to go through the meet and confer process and he wants to sit and talk with employees rather than in a meet and confer process. Vice Mayor Drago suggested separating the units, but only recognize Confidential Employees Unit. Mayor Yee directed it be done at the next meeting. Mayor Yee felt there should be another option - to put it in reserves. Councilman Fernekes noted that if there is a surplus Council can charge less next year. City Manager Wilson suggested looking at service levels now being offered and if Council wants to expand under Federal law. M/S Drago/Penna - To adopt 6 and 7 and the rest rolls back. Carried by unanimous voice vote. ITEMS FROM COUNCIL M/S Penna/Teglia - To deny the resolution. 8/9/95 Page 20 ACTION TAKEN ITEMS FROM COUNCIL ,1. Consideration- Continued. extension of BART to the Airport as submitted by the City of San Bruno. ~"O {o ~ A RESOLUTION APPROVING THE AIRLINE TRANSPORTATION ASSOCIATION'S POSITION ON THE EXTENSION OF BART TO THE SAN FRANCISCO INTERNATIONAL AIRPORT 22. Resolution opposing the San Luis Drain Project. A RESOLUTION OPPOSINO THE SAN LUIS DRAIN PROJECT 23. Appointment to the Conference Center Authority of an Airline Representative. 24. Appointment to the Public Facilities Board of Mr. Stan Davis by the Mayor with the concurrence of Council. GOOD AND WELFARE ITEMS FROM COUNCIL Councilwoman Teglia rescinded her Motion. M/S Drago/Fernekes - To table the item. Carried by unanimous voice vote. M/S Penna/Teglia - To adopt the Resolution. RESOLUTION NO. 88-95 Carried by majority voice vote, Vice Mayor Drago and Mayor Yee abstained on the vote. Removed from Agenda by City Manager Wilson under Agenda Review. Removed from Agenda by City Manager Wilson under Agenda Review. Councilman Penna stated he received a call from Bernard Hagan on there not being further Federal assistance to landlords and was very upset. Councilwoman Teglia stated staff was supposed to work with Mr. Hagan for he wants to create a City subsidy to landlords. City Manager Wilson stated he and the Interim Director of Economic & Community Development had a meeting on Section 8 Certificates for low and moderate income housing. GOOD AND WELFARE Mr. Jake Jones stated he did not like the Mayor shuffling and stacking speaker cards. He thanked the Council, as a Boardmember, for approving the Conference Center item and related one hotel is 95% occupied. M/S Penna/Teglia - To adjourn the meeting. 8/9/95 Page 21 ~ENDA _ACTIQN TAKEN . 291 aDJOURNMENT: Carried by unanimous voice vote. Time of adjournment was 12:25 p.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 to] dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 8/9/95 Page 22