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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 Page 17