HomeMy WebLinkAboutMinutes 1995-11-08 Mayor Robert Yee
Council:
Jack Drago
Joseph A. Fernekes
~ohn R. Penna
loberta Cerri Teglia
MINUTES
City Council
Municipal Services Building
Community Room
November 8, 1995
364
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
PRESENTATIONS
--3nation of Two Antique Quilts by Oileen Poong Duncan
AGENDA REVIEW
City Manager Wilson Requested:
- Consider Items 8 and 12 together.
ORAL COMMUNICATIONS
ACTION TAKEN
7:54 p.m. Mayor Yee presiding.
Council Present:
Council Absent:
Drago, Fernekes, Penna, Teglia
and Yee.
None.
The Pledge was recited.
Rev. Johnson, Our Redeemer Lutheran Church,
gave the invocation.
PRESENTATIONS
Mr. Richard Duncan introduced his mother Oileen
Poong Duncan, stated the quilts were done in 1920
and he asked his mother to donate the quilts to his
community.
Mrs. Oileen Poong Duncan recited the history of the
quilts: she is the third person to own the 64 x 80
quilts; they have been around the world with the
John Claremon family; the quilts were given to
Eleanor Hansen in 1986 and, then given to Ms.
Duncan to keep or donate for historical purposes.
Director of Recreation & Community Services Nagel
stated the quilts will be put under plexiglass here or
at Magnolia Center and he will ask the Historical
Society if they want it as a display.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Ms. Pat Burke, 1700 El Camino Real, stated she
walked many of the streets during the election
process and people asked questions and which she
11/8/95
Page 1
AGENDA A~TIQN TAKEN
ORAL COMMUNICATIONS
COMMUNITY FORUM
1 I/8/95
Page 2
365
ORAL COMMUNICATIONS
took down. She has received answers from Pat
Martel, gave her telephone number and anyone may
call her for the specific information.
Mr. Joe Valcazar, 672 Spruce Avenue, stated he is
currently serving as President of the Oldtown
Homeowners Assn. and was here to congratulate a
specific group of people - the Police Department.
He proceeded to extol former Police Chief Datzman
who he felt was very successful in addressing the
issues of crime which other communities copied.
He stated the current Police Chief was outstanding,
as well as the Department Heads and police person-
nel who believe in what they do - the protection of
residents which is greatly appreciated by the Asso-
ciation.
He encouraged citizens to pick the phone to the
police, say thank you and be sure to report any
suspicious activity in your neighborhood.
COMMUNITY FORUM
Vice Mayor Drago commended the Director of
Parks, Recreation & Community Services for the
publication of the Leisure Brochure and its descrip-
tion of all recreation classes and activities which he
wanted to make sure are in the libraries and the
senior centers.
Councilwoman Teglia spoke of an open letter, she
referred to as a hit piece, that was part of the elec-
tion campaign yesterday, was directed at candidates
and at her when she was not running for office. She
stated she is tired of the tactics witnessed in this
election and this letter was dropped in people's
yards, it has a bogus return address of 406 Grand
Avenue which is a locked office, the real address is
2601 Mission, San Francisco. She finds it interest-
ing that an outside newspaper comments and tells us
what is right and wrong.
She stated the Editor of the Spanish Newspaper
appeared before the Redevelopment Agency when
we first surfaced the Shearwater site proposal, came
in and complimented our allowing cardrooms in the
community and its benefits to the Spanish commu-
nity in jobs and opportunities. A couple of meet-
ings later he appeared and attacked us because he
AGENDA ACTION TAKEN
COMMUNITY FORUM
11/8/95
Page 3
366
COMMUNITY FORUM
was upset because the Shearwater was site specific
and we would not open it up to any gaming in any
other part of the City. He felt this was objection-
able and felt anyone should be able to come into the
site and put in bids and was not happy that was not
the way it was going to be. Then he took a position
against Measure A, and apparently was not satisfied
this was defeated. So, the night it was dropped into
people's yards it singled her out that it was a push
by her and her cronies. She wants to say that her
so-called cronies were elected by the community and
have the full confidence which is evidenced by the
vote that came in.
She stated the article goes on and talks about the
whole election and about carpet baggers, how they
had worked, named candidates and the social im-
pacts of a cardroom to the City. The paper talked
about her heavy handedness that damaged her creda-
bility and she had retired. She had four elected
tours, had private imerests, announcements were
made and she was not concerned about her political
credability. What bothered her was the accusation
of her disregard for neighborhood concerns when
she has been the strongest proponent for neighbor-
hoods, etc.
Something she heard on the candidate's night, which
she watched on TV, it says she is not gone from the
Council and it is premature, but she is pushing
things and pushing for the casino. To her knowl-
edge there are no proposals for a casino or a modifi-
cation in the next three years, yet these people are
urging people to vote against her and her cronies
even though she is not running.
She does not know the word in Spanish for a
newspaper that is irresponsible, but the word in
English is "rag" for it went on to say vote for Maria
D'Alessandro and Manny Madriaga. They speak of
her credability, yet she has been on the Council for
17 years, every thing she has done has been in the
public eye including her reelections, yet where is the
credability of the candidates endorsed in the
Spanish newspaper.
Councilman Fernekes stated his concern in cam-
paigning in the recent election has to do with signs
on telephone polls and signs over 16 sq. ft. He
aGENDA B67 aCTION TAKEN
COMMUNITY FORUM
CONSENT CALENDAR
1. Motion to confirm expense claims of 11/8/95.
Resolution accepting $231,625 to fund the ongoing
technology project in the Police Department from the
C.O.P.S.M.O.R.E. Technology Grant from the U.S.
Department of Justice. .5' I ~ ~
A RESOLUTION AUTHORIZING ACCEPTANCE
OF $231,625 TO FUND ONGOING TECHNOLO-
GY PROJECT IN THE POLICE DEPARTMENT
Resolution awarding construction contract for Phase
X of the Aircraft Noise Insulation Program to G. E.
Chen Construction, Inc. in the amount of $3,142,000
as the lowest responsible bidder, oc2~
A RESOLUTION AUTHORIZING AN AWARD OF
CONTRACT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND G.E. CHEN CONSTRUC-
TION, INC. FOR THE AIRCRAFT NOISE INSU-
LATION PROGRAM PHASE X
Resolution amending the FY 1994/1995 Capital Im-
provement Budget to include a portion of the
Stormwater Management Program fund balance for ~.
the purchase of a wash pad clarifier. ~'/7_. c.,
A RESOLUTION APPROVING AMENDMENT 95-
18 TO THE 94/95 CAPITAL IMPROVEMENT
PROGRAM FUND BALANCE TO PURCHASE
AND INSTALL A CORPORATION YARD WASH
PAD CLARIFIER
COMMUNITY FORUM
stated the candidates got the ordinance in their
packets and still went out and bought the bigger
signs. He wants the ordinance to come back, be
reevaluated and rewritten and be able to go after the
sign maker. He feels they do not need to subject
large signs, 6 x 8 sq. ft., to neighborhoods for it is
not right or fair for the neighboor.
Mayor Yee stated on Monday a delelgation came
from Atotanilco, Mexico, our Sister City, which
included their Mayor who invited Council to partic-
ipate for one day between 12/2/95-12/10/95.
CONSENT CALENDAR
Approved in the amount of $1,995,560.32.
RESOLUTION NO. 125-95
Removed from the Consent Calendar for discussion
by Councilwoman Teglia.
RESOLUTION NO. 126-95
11/8/95
Page 4
AQENDA A~!!QN TAKEN
CONSENT CALENDAR
Resolution accepting a one-year $25,000 fellowship
award to Project Read Director Leslie Shelton from
the National Institute for Literacy. .b-d) 7_
A RESOLUTION AUTHORIZING ACCEPTANCE
OF A ONE-YEAR $25,000 FELLOWSHIP AWARD
TO PROJECT READ DIRECTOR LESLIE
SHELTON FROM THE NATIONAL INSTITUTE
FOR LITERACY FOR CONTINUED RESEARCH,
DEVELOPMENT AND DISSEMINATION OF THE
"HONORING DIVERSITY" TEACHING MODEL
AND RELATED ACTIVITIES
Motion to adopt an ordinance related to community/.~ ..,
antenna television systems.
AN ORDINANCE REPEALING AND REENACT-
ING CHAPTER 6.76 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATED TO
COMMUNITY ANTENNA TELEVISION SYS-
TEMS
Motion to cancel the regular 11/22/95 Council meet-
ing due to the holidays. .~- I/:,
Resolution awarding construction contract for Phase
X of the Aircraft Noise Insulation Program to G. E.
Chen Construction, Inc. in the amount of $3,142,000
as the lowest responsible bidder. ~'2-~
A RESOLUTION AUTHORIZING AN AWARD OF
CONTRACT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND G.E. CHEN CONSTRUC-
TION, INC. FOR THE AIRCRAFT NOISE INSU-
LATION PROGRAM PHASE X
CONSENT CALENDAR
368
RESOLUTION NO. 127-95
ORDINANCE NO. 1175-95
So ordered.
MIS Teglia/Fernekes - To approve the Consent Cal-
endar with the exception of Item No. 3.
Carried by unanimous voice vote.
Program Manager Valkenaar related: this Phase
covers 304 homes; G.E. Chen Construction, Inc.
has been capable in the past; 647 homes have been
completed; neighborhoods completed or currently
under design or construction - Brentwood, Avalon
Pines, Southwood, Rancho Buri Burl, Francisco
Terrace, Mayfair Village, Sterling Manor, Avalon
Park, Parkhaven, Town of Baden, etc.
Councilwoman Teglia stated Alta Loma, on the
other side of the junior high, is dropping off of
topography and needs a monitor to redo for the area
to qualify in CNEL for now they are out of the
footprint.
Mayor Yee directed staff to contact the Airport for
the procedure to follow.
Councilwoman Teglia stated the Airport is reticent
11/8/95
Page 5
A~ENDA ACTION TAKEN
3fi
3. Resolution - Continued.
PUBLIC HEARINGS
Public Hearing - Proposed Amendment of Final
Statement for 1995-96 CDBG Program and realloca-
tion of unexpended funds to North County Health
Center; Conduct Public Hearing and adopt Re~olu- ~
tion. ~Og3
A RESOLUTION AMENDING FINAL STATE-
MENT FOR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR FISCAL YEAR
1995-1996
12. Status report on CDBG Grant allocation to Friends to
Parents. ~'O ~ a~
to comply, so she wants the Council to pursue this
and even pay for it.
M/S Teglia/Fernekes - To adopt the Resolution.
RESOLUTION NO. 128-95
Carried by unanimous voice vote.
PUBLIC HEARINGS
Mayor Yee opened the Public Hearing.
Coordinator of CDBG Fragoso related: the problem
in providing Block Funds is the spending limitation
imposed by the Federal regulations; the Council
allocated all available funding for the public
services; there were many discussions to deter-
mine if there are other ways to allocate funds for the
health care to free up money for them to do the
shuttle service; she only found $6,000 that could be
made available for public service activity; Council
can look at the possibility of a funding trade, if
not with the health center perhaps there is another
way; could provide a taxi voucher for people to get
to the health center; the City does have shuttles for
the senior services if the City wanted to take on the
transportation service; etc.
Ms. Josephine Morrell, 304 Gradenside, stated she
has an on-going sewer problem, took out a loan and
signed her house over to the City. The work was
done and now she finds out the her house can never
be sold. She stated her health is deteriating due to
the sewer problem which keeps backing up into the
house. She was away for a week and came home to
sewage in the house, she called the City several
times and they were unable to come out.
She wants her granddaughter to live with her, but
because of the sewer problem her daughter will not
allow her to live with me.
Mayor Yee stated he is familiar with the problem
and about a year ago he visited Ms. Morrell's house
and indicated that in his view there was not a prob-
lem.
CDBG Coordinator Frag0so agreed this has been an
on-going cercern and complaint of Ms. Morrell.
She believed two years ago the City offered her a
11/8/95
Page 6
PUBLIC HEARINGS
~. Public Hearing - Proposed Amendment - Continued.
· 2. Status Report - Continued.
ACT!QN TAKEN
. 370
PUBLIC HEARINGS
rehab loan to take care of numerous items in her
home which she thought included kitchen and
restroom remodeling. The commode was complete-
ly replaced at that time for she had complaints of
sewer odors and plumbers and a general contractor
went out and thoroughly investigated the home and
were not able to find the problem.
The City proceeded with the rehab and the scope of
work was completed to her satisfaction, unfortu-
nately she continues to complain about raw sewage
around the house and water. However, we have had
a number of contractors inspect the premises and
cannot find a problem for there is no leakage and
replaced a part of the line for it was an old line, as
well as replaced the roof of the house.
She stated Ms. Morrell has complained to the
Council, the Supervisors, HUD, the President him-
self and HUD sent inspectors to look into the situa-
tion. The inspectors did a thorough analysis and
found no evidence of the problem she complained
about, so feeling is that the City did everything in
their power to assist in the care and maintenance and
there is not a problem they can see or determine,
etc.
Mr. Faith Richie, Director of No. County Health
Center, thanked staff for trying to brain storm with
the funding problem to meet the Federal problems
and meet the intent of the transportation. He stated
the County of San Mateo used to have a clinic on
Grand and Spruce Avenues which was primary care
and nuitrition services, but it was moved six months
ago and combined with environmental health in Daly
City on May 1 and described their success.
Discussion followed: has anyone tried to do any
form of a survey on whether S.S.F. people are
going elsewhere or going without the service; the
alternative is Seton; fund raising activities; Mr.
Dave Hartley stated Pacifica gave the center $5,000,
Daly City gave $5,000 and then $17,000; using
SamTrans with a transfer could take an hour to get
to the center; as many as 3,000 people will not be
served because of transportation; a 15 passenger van
could make 3 trips daily; a van will cost $20,000;
etc.
11/8/95
Page 7
A~ENDA A~TION TAKEN
PUBLIC HEARINGS
;. Public Hearing - Proposed Amendment - Continued.
12. Status Report - Continued.
RECESS:
RECALL TO ORDER:
PUBLIC HEARINGS
10. Public Hearing - Appeal by the City Council of the
Planning Commission's Action UP-95-998 to allow a
commercial recreation use (bingo) within a portion of
the former El Rancho School at 753 Del Monte Ave-
hUe in the R-1-E Residential Zone District; Ap-
plicant: Citizens Concerned for Balanced Education
(CCBE); (owner) South San Francisco Unified
School District; Conduct Public Hearing and Motion
11/8/95
Page 8
PUBLIC HEARINGS
Ms. Joy Ann Wendler stated she is serving on the
Advisory Committee, is a health care professional,
and anything the Council can do to help our resi-
dents will be most appreciated.
Mayor Yee closed the Public Hearing.
Discussion followed: concern over the major drop
off in attendance from S.S.F. at the center when we
were the largest user group of that facility; allocate
the $6,000 and pledge up to $20,000 for the van;
use the recreation van in the meantime in off hours;
we are not sure we are going to get CDBG funds
next year, but the probability is extremely high we
will receive it; etc.
M/S Teglia/Fernekes - To adopt the Resolution,
place $6,000 and pledge up to $20,000 for the van.
RESOLUTION NO. 129-95
Councilman Penna questioned if the shuttle service
will meeting people's time schedule for medical
services. He is concerned that the public transpor-
tation system is not working well and he finds it
unconscionable and is creating greater costs. He
feels someone should talk to SamTrans on their bus
schedules.
Carried by unanimous voice vote.
Mayor Yee asked that Item No. 10 be heard after
the recess.
Mayor Yee declared a recess at 9:05 p.m.
Mayor Yee recalled the meeting to order at 9:15
p.m., all Council was present.
PUBLIC HEARINGS
Mayor Yee opened the Public Hearing.
Chief Planner Solomon stated the appeal was based
on the inadequacy of the notification of the Public
Hearing which was 300' and published in the pa-
per. Mayor Drago asked it be renoticed at the
Commission level and Council had agreed.
A~ENDA
AC_T!QN TAKEN
PUBLIC HEARINGS
). Public Hearing - Appeal - Continued.
to uphold the action of the Planning Commission ap-
proving Upo95-998 based on the findings and subject
to conditions in the staff report.
PUBLIC HEARINGS
Mr. Sydney Greenberg, 13 Verano Dr., related that
the bingo games put on by CCBE are friendly non-
smoking games. He stated CCBE is the friend of
education, administration with the PTA and its
volunteer efforts and they have effected music
programs with the proceeds of the bingo games. He
stated he has petitions indicating further support of
CCBE, however, the signers are not solely S.S.F.
residents. He has a copy of a report from the City
Manager and Interim Director of Economic & Com-
munity Development recommending that the Council
uphold the action of the Planning Commission and
grant CCBE their use permit which he hopes Coun-
cil will do. If further discussions occur he asks
that he be able to return to the podium.
Mr. Billy Ching, 180 San Felipe, asked how com-
mercial use is defined.
Chief Planner Solomon stated it is defined in the
zoning ordinance as one run in an area where no
more than 500 persons can attend.
Mr. Ching related his concern: if this is gambling
he does not want to support it and thought Measure
A said we in S.S.F. do not want gambling in this
City.
Ms. Bertha Romero, 840 Alta Loma Dr., stated
bingo has been at Saint Veronica's, All Soul's and
Mata Dolorosa Churches and no one has suffered
from it. She truly enjoys bingo, participates on
Tuesday and volunteers her time in the kitchen for
two years with pride in working with such dedicated
people as there are at CCBE and to know they are
raising funds to help children. She stated all of her
children went through the School District and has
always been happy to participate in any way to help
children.
She stated that the majority of the people who attend
bingo games are seniors and this has funded three
music programs in the School District and provided
teachers.
Ms. Susan McNaughton, 149 La Crosse Ave.,
related: what others had said; there is a large park-
ing lot on the campus; there are a lot of neighbors'
vehicles that park there all the time because they
11/8/95
Page 9
~ENDA A~!!QN TA~
PUBLIC HEARINGS
). Public Hearing - Appeal - Continued.
11/8/95
Page 10
373
PUBLIC HEARINGS
have too many vehicles; at Bud Buri students partic-
ipating with dedication in the music program
which gives them an opportunity to belong to some-
thing which will continue and asked the Council to
uphold the Planning Commission.
Discussion followed: Vice Mayor Drago explained
that the reason this came forward was because of the
3-2 Planning Commission vote against expanding the
notification process; why does this need a condi-
tional use permit; does this mean that by the General
Plan every other bingo game needs a use permit -
yes it does per the City Attorney; there are cur-
rently three other bingo operations currently - All
Souls, Saint Veronica's and the Boys Club since
before 1980 but the Planning Division cannot find
use permits; these are surplus school uses and in
order to place a non-school use a use permit is
required; bingo is governed by the Police Depart-
ment; this is a conditional use permit, which means
any in the R-1 Zone should have a use permit and if
they came in today it would require a use permit;
was a use permit required for Art Rise - yes it was;
does the City have any say in the lease agreement
made by the School District - no it does not; Ms.
Smith, School District, had testified there is an
Advisory Committee to handle the use of District
property - did the use go before this Committee; etc.
Ms. Smith, School District stated the Property Advi-
sory Committee does not meet and hold hearings on
the general use of the sites and the type of tenants,
rather than to sell or dispose of District property.
Two public hearings were held and the Committee
prepared a report for the Board which the Board
accepted which was to retain and vacate the upper
part of the property, that is the playfield area. Their
County Counsel prepares the documents that call for
the various permits by the applicants for the District
and appropriate hearings would be dealt with by the
City. She stated under the current way we operate
with the educational use, a specific use does not go
before the Committee only the general use of the
site, then the specific use goes through the City as
did Art Rise.
Discussion followed: when did the Board of Trust-
ees adopt the report; in 1973 when they decided to
move ahead two public hearings held to discuss the
A~ENDA ACTION
.-lZUBLIC HEARINGS
~}. Public Hearing - Appeal - Continued.
11/8/95
Page 11
374
PUBLIC HEARINGS
various uses of the site; at that time they decided El
Rancho School was going to be sold in 1973; at that
time were there any sections that said there will be
gambling on the site; no lease has said that gambling
is not allowed; the lease does not have that lan-
guage; Councilwoman Teglia stated the City re-
ceived a generic copy of a lease and it said that
gambling is not allowed; the School District lease
does not have that language; the School District had
a lease for a child care center, if they did not pay
their rent then it expired and the rent was not paid
for a year; Counsel approves each lease; why did
the CCBE Board fail to pay their rent to the Dis-
trict; why did the District ask that the prior rent be
removed, then told it was a misuse and then they
reduced it from $5,000 to $500.00; with all the
financial problems today it is ludicrous that
we are dealing with $21,000 for the music program
when the District is paying the rent to the tune
of $50,000 and what part of the budget has that
money been pulled out of; what programs have
suffered because you haven't collected the $50,000;
are we trying helping the children to give to one and
take from another and this goes against
Councilwoman Teglia's grain because they are
raising everyone else's fees; Councilwoman Teglia
stated last meeting she read a letter from Ms. Escrit
at El Rancho, and there was a misunderstanding
with her relationship with the City, she had com-
ments from the Vice Mayor and wrote Council a
letter; if she was interested in moving out that was
fine, because the District had other tenants she
would assume with the same rent; but she indicated
she did not want to move, so if the School District
has an interest in the going rate why not reduce her
rent from $3,000 to $300.00; it took a long time to
get the Board's minutes, she had them but there are
no reports attached; the Executive Director was
hired at a high salary and was in charge of the
operation and during that time no rent was paid, yet
the salary was paid at least to some extent; she does
not know if there is a debt owed or if the person
worked gratis although this has nothing to do with
the land use; Ms. Smith stated CCBE was interested
in additional classroom space and is for the support
of schools and the School District could allow the
use; the idea was to sublet to another bingo oper-
ation to generate money to play the rent because
there was not enough from bingo and they had
~ENDA ~TION TAK~
PUBLIC HEARINGS
Public Hearing - Appeal - Continued.
11/8/95
Page 12
375
PUBLIC HEARINGS
exclusive use of the site; the rent was lowered based
on an average of twenty cents per square foot, the
rest of the space is per hour with the understanding
that from four to ten the space will be used for
meetings and work shops, so the District is going to
continue using it; it was previously used by the City
and Art Rise and other tenants have used it for rainy
day play; the bingo operation has been in operation
for two years and only last month the resolution
was adopted by the District to support all fund
raising; the Vice Mayor asked who initiated the
resolution;. Ms. Smith was currently working out an
amendment to have a payback for CCBE which the
Board of Trustees will have to approve; if sufficent
volunteer support is not found for the labor activity
it cannot continue; is the Board aware they are not
receiving rent; with a sublease for more bingo
Councilwoman Teglia does not feel the Council will
entertain bingo five nights a week; the permit runs
with the land and could be sublet, but it is subject to
the same conditions; will the Executive Director
forgive the salary owed her; that is best directed at
Executive Director Hoch who is also a School
Boardmember; the City contributes $300,000 a year
to various School programs; the new lease includes
a condition that there cannot be a sublease; what
it reads is that CCBE cannot sublease without com-
ing to the City first and comply with the Police
Department; Councilwoman Teglia has a concern
over a totally volunteer organization without some-
one responsible for what is taking place; she is
comfortable with the conditions of the use permit
and wants to make sure the Police Department
makes CCBE comply with all conditions; etc.
M/S Teglia/Penna - To uphold the action of the
Planning Commission approving UP-95-998 based
on the findings and subject to conditions in the staff
report; and this be referred to the Police Department
for their working with the organization to set up a
structure that is in fact set up to oversee this poten-
tially money making operation to their saatisfaction.
Carried by unanimous voice vote.
Mayor Yee opened the Public Hearing.
Interim Director of Public Works Towne recom-
mended that the fee calculation be upheld and it be
AfiENDA
~ r'UBLIC HEARINGS
Public Hearing - Appeal of Condition No. 3 from the
Engineering Division on the calculation of Oyster
Point Overcrossing contribution for truck and auto
fueling facility UP-95-994 at 114-128 Harbor Way,
Owner is H. Cooper, et al. and the Applicant is Bay
Area/Diablo Petroleum; Conduct Public Hearing and
Motion to deny the appeal. .~0 ~cf
ACTION TAKEN
PUBLIC HEARINGS
consistent with the original formula in 1984.
City Manager Wilson stated the disagreement is with
the engineering formula, and the firm wants to pay
the actual amount by doing a traffic count in a year
and base the fee on that.
Mr. Martinez, Bay Area/Diablo Petroleum, stated he
believes the numbers are off by 50%, do not apply
to the site, for they have studied this from a market-
ing point of view and think we know the potential
and volumes. He stated staff looked at the analysis
and thought they were comfortable with the num-
bers. He respectfully requested that staff use their
numbers for the traffic count and deal with real
numbers.
Discussion followed: who came up with the num-
bers; staff and a consultant which was paid for by
the Applicant; what credability comes with the num-
bers, rather than saying so many gallons of gasoline;
the actual columes of the site were used to calculate
the number of sites; 976 trips were calculated; Bay
Area/Diablo Petroleum says the range is 820-960
and staff comes up with 1066; the Vice Mayor
stated Council does not want to discourage business
because of the fee and suggested accepting their
numbers and at the end of the year recalulate if it is
a greater number; this will change the policy; seven
years ago there were certain businesses that came
forward that we were going to exempt and one was
food centers or anything that generated revenue
because we did not have enough money for the over-
pass, yet today it is finished; etc.
Mr. Rusty Firenze, 260 Michele Court, stated he is
President of Olympic Oil and took exception to the
Applicant's figures. He has done business in S.S.F.
for 40 years and a lot of the businesses came in and
paid the fees based on the formula, and they would
find it unreasonable to have someone come in and
set their own formula. His firm could come back
and say we are not generating the traffic trips. The
Applicant said five days a week at peak hours, but
one of the operations is a network operation and he
explained: a network location operates 360 days and
24 hours a day; by a network you can access the
facility with an automatic feed card for we operate a
number of them; the participants net back is Pacific
11/8/95
Page 13
TAKEN
--~UBLIC HEARINGS
9. Public Hearing o Continued.
11/8/95
Page 14
377
PUBLIC HEARINGS
Pride and there is no Pacific Pride within fifteen
miles north or south, so obviously it is going to
attract a lot of business outside the area because they
want to utilize their card where it is avail-
able, but the preexisting customer cannot; so, they
are working at the retail backwards; etc. We are
saying if we are all going to pay a fair share, then
everyone pays.
The second thing is that we have operated here for
years, Russ Hampton operates on South Airport,
there is a Chevron half a block away and a Shell
that has been there for 20 years and if you talk to
any of the operators they are going to tell you that
the demand is going down and we lose business that
moves away, so let us also figure out our car count
ourselves and pay less.
Mayor Yee closed the Public Hearing.
City Attorney Mattas stated if the Council was going
to change the policy for the fee it should be handled
in another process.
Mayor Yee stated he understood that, however, the
1,400 figure came from a traffic engineer and is not
a number that came from the policy for a warehouse
or the like based on square feet so, the number is
one the applicant disputes as being too high. He
does not feel that the 1,400 number that Wilson
came up with is a hard number. He calculated the
numbers based on 970 trips and came up with a
different number, so if the Council wants to com-
promise they can look at those numbers and we have
not changed the policy and this is 75% less and
gives the Applicant a break. If the Council wants to
encourage development and clean up the site we
need to find a way to assist the Applicant for we are
not talking about policy.
Discussion followed: City Attorney concerned for
this does not have a category in the formula for the
1,400 was based on assumed gas sold; should revisit
the whole formula; prior calculations are on number
of trips; etc.
Motion by Councilman Penna - To deny the appeal.
Motion died for lack of a Second.
AGENDA _AC_T!Q_N TAKEN
3?$
--~UBLIC HEARINGS
9. Public Hearing - Appeal - Continued.
RECESS:
RECALL TO ORDER:
ADMINISTRATIVE BUSINESS
11.
13.
Resolution authorizing transfer of $100,000 from the
undesignated General Fund to the CIP, issuance of a
purchase contract for the refuse removal for $75,000
and a budget amendment. ,.6-5-7
A RESOLUTION AUTHORIZING AND APPROV-
ING A TRANSFER OF $100,000 FROM THE
UNDESIGNATED GENERAL FUND TO THE
1994-1995 CAPITAL IMPROVEMENT PROGRAM
FOR CONSULTANT AND CONSTRUCTION SER-
VICES AND STAFF ADMINISTRATION AND
AMENDING THE CAPITAL IMPROVEMENT
PROGRAM (NO. 95-19) AND AUTHORIZING
ISSUANCE OF A PURCHASE CONTRACT FOR
THE REFUSE REMOVAL IN AN ESTIMATED
AMOUNT OF $75,000 IN CONNECTION WITH
GULL DRIVE REFUSE REMOVAL
Resolution approving an exclusive negotiating rights
agreement between the City and REST Investment
related to the Fingers property (Parcel No. 015-180- ._,
020). ~D~5 7
A RESOLUTION APPROVING AN EXCLUSIVE
NEGOTIATING RIGHTS AGREEMENT WITH
REST INVESTMENT FOR THE "FINGERS" POR-
TION OF ASSESSOR'S PARCEL MAP NO. 015-
180-020
Information and.request for direction on the petition
for formal recognition of the Management Employee
Unit. to .Otgo
PUBLIC HEARINGS
M/S Yee/Drago - To uphold the appeal and modify
the condition consistent to reduce the methodology
of Wilson report, page 26, 5,260 gallons @ day
formula as a basis on page 26 and add the 1,136 for
the car lot and credit of 344 trips = 802 trips.
Carried by unanimous voice vote.
Mayor Yee recessed the meeting at 11:14 p.m.
Mayor Yee recalled the meeting to order at 11' 17
p.m., all Council was present.
ADMINISTRATIVE BUSINESS
M/S Teglia/Penna - To adopt the Resolution.
RESOLUTION NO. 130-95
Discussion followed: what does the $75,000 cover;
construction and design; determine what dump to
take it to; they located the clay cap for the alignment
of the road was outside of the cap; there is no rea-
son to go back to the Soils Engineer; the road will
be completed next spring for they have not started
the retaining wall; etc.
Carried by unanimous voice vote.
M/S Fernekes/Teglia - To adopt the Resolution.
RESOLUTION NO. 131-95
Carried by unanimous voice vote.
Discussion followed: City Manager Wilson stated
this came from the last meeting although he thought
this was asked and answered for Council directed a
resolution for the secretaries and this unit was to
remain as is; Councilman Fernekes requested the
11/8/95
Page 15
.-~DMINISTRATIVE BUSINESS
Information - Continued.
ITEMS FROM COUNCIL
DOD AND WELFARE
11/8/95
Page 16
379
ADMINISTRATIVE BUSINESS
item for he did not believe it was addressed and
asked if Council is willing to look at this and pursue
the matter; it may have been dealt with, but any
Councilmember can bring it back; Mayor Yee wants
the pros and cons, he thought Council had left it
alone so, maybe get a piece of paper from both
sides; this was a recognized group, then it was not -
it is a matter of equity; Vice Mayor will look at it
but has a problem with the unit, it has too many
people, but maybe cut it in half and put it in other
units - he will keep an open mind; bring forward
information on it and if the unit is recognized would
they still have the same benefits.
Mr. McAuley stated the major issue is for the unit
to be recognized to get the right to meet and confer.
He questioned what benefits they have if they cannot
meet and confer. A year ago they had 70 employ-
ees, some broke off into public safety and others
into the secretaries units and 40 remain. He wants
to negotiate for his unit and have the same respect as
other employee units.
Mayor Yee directed the City Manager to present
both sides of the subject.
ITEMS FROM COUNCIL
Councilwoman Teglia related: her pleasure in her
tenure to see the City grow up; we don't shed the
blood we used too as far as staff is concerned; she
sees smarter people that move around in City Hall
and she respects the job they do; she feels she has
made staff's life interesting and she will miss spar-
ring for it has made her more tolerant more
knowledgable about the male animal; etc.
Mayor Yee directed the City Clerk to give the
Council a list of expiring Board and Commission
terms.
City Manager Wilson stated he will contact Council
for a special meeting for his evaluation, direction on
Terrabay and a labor session on negotiations.
GOOD AND WELFARE
Ms. Shirley Hoch, School Board Trustee, thanked
Councilwoman Teglia for all her efforts and contri-
A~ENDA A~TION TAKEN
----GOOD AND WELFARE
15.
Motion to adjourn the meeting to 11/15/95, 7:00
p.m., City Council Conference Room, City Hall, 400
Grand Avenue, for the purpose of a study session for
discussion on the Terrabay Recreation Center, child
care and a Closed Session, pursuant to GC 54957.6,
on labor matters for all City labor organizations.
ADJOURNMENT:
380
GOOD AND WELFARE
butions to this community. Even though they have
had their disagreements, she has learned a great deal
from Councilwoman Teglia and wants to congratu-
late her on her leaving Office and wished her well in
whatever she does.
She has been involved in the Boys & Girls Club,
and has a goal of a better relationship with CCBE
and the City and is willing to meet with the Council
individually. She is very proud of the fact she has
been able to work with the parents and do something
and told Councilwoman Teglia, it is the strength, the
willingness to fight when you believe in something
that made her strong enough to overcome negativity;
and if it was not for the Councilwoman she would
not have had the courage. She stated they are both
elected and each made a resolution to work together
for we all love the community.
M/S Teglia/Penna - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 11:43 p.m.
RESPECTFULLY SUBMITTED,
APPROVED.
Barbara A. Battaya, City
City of South San Francisco
Robdrt Yee,"Ma-yor
City of Soutt. San Francisco
The entries of this Council meeting show the action taken by the City Council~to dispose of an item. Oral communica-
tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the
Office of the City Clerk and are available for inspection, review and copying.
11/8/95
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