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HomeMy WebLinkAboutMinutes 1988-09-28 Mayor Jack Drago Council: Mark N. Addiego Richard A. Halley Gus Nicolopulos · -Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room September 28, 1988 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 28th day of September, 1988 at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Joint Session with the Personnel Board for a study session for the discussion of items of mutual concern. 2. Closed Session for the purpose of the discussion of personnel matters, labor relations and litigation. City of South San Francisco Dated: September 23, 1988 AGENDA ACTION TAKEN CALL TO ORDER: (Cassette No.1) 6:10 p.m. Mayor Drago presiding. ROLL CALL: Council present: Council absent: Halley, Nicolopulos, Teglia, and Drago. Addiego. Personnel Board present: Personnel Board absent: Galeno, Strazzarino, Zertuche, and Humbert. Park. Councilman Addiego Arrived: Councilman Addiego arrived at 6:11 p.m. Joint Session with the Personnel Board for a study session for the discussion of items of mutual concern. Mayor Drago stated that this joint meeting had been called with the Personnel Board to discuss items of mutual concern of the two Boards, and invited comments from the Personnel Board. Personnel Board Vice Chairman Galeno questioned when the Council would review the proposed revisions to the Rules and Regulations. 9/28/88 Page i AGENDA ACTION TAKEN Joint Session with the Personnel Board - Continued. Mayor Drago stated that the Board had sub- mitted its recommendations on the Rules and Regulations to the Council, however, with the time required for the selection process of a new City Manager many study sessions had been cancelled or not held in which this item would have been heard. Vice Mayor Teglia stated that she had casual conversations with some union people who had indicated dissatisfaction with respect to the issue of trying to obtain representation of part-time employees over a two year period with staff, and were discontent with the final product. She stated that it was her understanding that the union was going to go back to where they were initially and petition the City for this right, and deal with other issues through the nego- tiating process. Mayor Drago questioned if the proposed Rules and Regulations addressed the part- time issue. Boardmember Zertuch'e stated that there was a general consensus that the existing Rules and Regulations had to be revised because of many things in the document that were not relevant; and other parts had inconsistencies in grammar and language. She stated that discussion on the particular revision for the part-time employees had gone on for six months, and she did not feel that it was an exercise in futility because the end result was discarded. She stated that she hoped that the employees felt that they were being listened to - as there was an open and fair forum in that regard, and was pleased that it would be resolved. She stated that, generally speaking, under the previous Coordinator there had been some talk about getting down and revising the Rules and Regulations, which the Board wanted to have as one of their projects in the near future. 9/28/88 Page 2 AGENDA ACT ION TAKEN Joint Session with the Personnel Board - Continued. Mayor Drago questioned if the Board was being apprised of changes in Rules and Regulations from individual departments. Boardmember Zertuche stated that she had not known that individual departments had their own set of rules. Mayor Drago stated that one of the City's Interns had been working on it, and that there were some Administrative Orders and Personnel Rules that went back many years and still in force, but conflicted with State Law and the Municipal Code. Boardmember Zertuche stated that this could provide a potentially dangerous situation on a hearing or a grievance in future for the Board, and further need for revisions to ensure that there was consistency with the City protected. Councilman Nicolopulos stated that at one time the Personnel Board had greater duties which had been removed, and questioned if that had caused further concern for a role definition. Boardmember Strazzarino stated that during his tenure the powers in reference to decision making had been reduced, and the Body acted as an advi- sory board to the Council and certified tests. Councilman Nicolopulos stated that the Board had been a sounding board to the Council and a court of last resort in complaints and grievances, which had changed with the removal of duties. Boardmember Strazzarino stated that the Board had worked for many hours on the revisions to the Rules and Regulations, and there had been many comments from employees that the Board felt should be passed on to Council. He stated that the Board wanted a role in assisting Council, so that every single personnel matter did not have to go through Council. 9/28/88 Page 3 AGENDA ACTION TAKEN Joint Session with the Personnel Board - Continued. Discussion followed: whether adequate direction was given the Board by the Council; that the Board did not have that many problems in handling situations due to the quality of City staff; that in the past there had been some hairy problems with attorneys involved; that delays caused employee unrest; the grand- fathering in of part-time employees, etc. Boardmember Zertuche would like to see a better communication between the Board and staff, and that interchanges at Board meetings with employees was helpful. Further discussion followed: whether the Board was uncomfortable in the role of not being a party to decision making on reclassifications and job descriptions; the non-involvement of the Board in the deletion of shorthand from secretary job descriptions; that a number of Board meetings had been held with clerical staff, addressing their concerns; that the Board would have liked to have reviewed the shorthand requirement and been able to forward their recommen- dations to the Council; that the Board had expertise and was willing to serve the Council in other capacities rather than the mundane tasks that are done every month; whether the Board was uncom- fortable when a Councilmember attended their meetings; that the Board encouraged Council attendance at meetings; that the Board wanted the task of rewriting the Rules and Regulations, etc. Vice Mayor Teglia questioned whether the Board and staff were involved in reviewing major personnel issues in the State, such as affirmative action to see how the City stood. Boardmember Zertuche stated that since the separation of personnel and labor relations, the Board was no longer involved in labor relations since the hi ring of Lydia Tolmacheff. She stated that the Board had made repeated requests for various progress reports and had dif- 9/28/88 Page 4 AGENDA ACTION TAKEN Joint Session with the Personnel Board - Continued. ficulty in getting anything out of labor relations; and the information had been labeled classified, and the requests ignored. Vice Mayor Teglia stated that she did not understand -- she was asking about issues, and the Boardmember was talking about labor relations that technically belonged under the Council because of the negotiations with the Units. Boardmember Zertuche stated that the Board had wanted to know about any City viola- tion of affirmative action issues from the Labor Coordinator - which had been ignored. Discussion followed: why the previous question had not been addressed to the Personnel Officer; that Susan Gonzales had been most responsive to the Board's questions, however, the Labor Coordinator would not even attend Board meetings; that Ms. Gonzales provided the Board with information on appointments, promotions, various recruitments from beginning to end, minority and women work force quotas; a quarterly update on labor rela- tions that the Labor Coordinator was involved in; that the Board had questions on workers compensation, grievance reso- lutions, reclassifications that fell under the Labor Coordinator duties; that the personnel/labor split by Council was not meant to keep information from the Board; that the Labor Coordinator was now a part-time position and Ms. Gonzales was providing reports to the Board; that the City Manager would be reviewing an orga- nizational chart that was submitted to him, which would change the whole rela- tionship as it exists today; whether the Board ever questioned why positions became vacant; that Boardmember Galeno had questioned the loss of policemen, and if it continued planned to ask for an investigation; whether the Board was privy to exit interviews; the Board was not and relied on information on the exit interview given by Ms. Gonzales; that 9/28/88 Page 5 AGENDA ACTION TAKEN Joint Session with the Personnel Board - Continued. some ex-employees sent letters to the Council expressing reasons for their resignations. City Manager Armas stated that the City had to be careful about what employees conveyed, the setting, the basis on which they conveyed their thoughts. He stated that what should be kept in mind to the extent that there are trends - appearan- ces of trends, and at that point there is reason to at least raise the question on the particular circumstances at hand that need to be considered rather than eva- luating individual forms that are completed by various individuals that separate from the City. He continued, the key was that there are trends, and a question of whether there was indication of activity that needed to be examined. He stated that he felt that to be the appropriate approach separate from examining what was written on the exit form. Discussion followed: on a Parking Enforcement Officer that transferred to a PST position, then went back to the Parking Enforcement position, and the Board had questioned the Police Dept.; that most resignations state "for person- nel reasons;" that the Board should moni- tor excessive resignations in a Dept. and alert the Council for an examination; that the Board would like an informal discussion with the Police Chief on the number of resignations in his Dept. in the last year; that the Board was a natural to become the eyes and ears of the employees, etc. Personnel Board Chairman Humbert stated that when she became a Boardmember there were three new members in total, and it had been difficult learning their way around City business. She stated that working on the Rules and Regulations had increased their knowledge of the workings of the City, and if the Board was allowed to work on job descriptions if would further increase that knowledge. 9/28/88 Page 6 AGENDA ACTION TAKEN Joint session with the Personnel Board - Continued. Personnel Boardmember Park Arrived: ADJOURNMENT: 533 She suggested a training process be established for Boards and Commissions, and perhaps appointing members three months before need so they could attend meetings to familiarize themselves with the workings of the Commission. She stated that the Board was not involved in employee development training aspects. Coordinator of Personnel Services Gonzales stated that employees were uncomfortable if Boardmembers attended executive and mid-management employee brown bag meetings as it inhibited the flow of discussion on handling difficult people when political people were pre- sent. She stated that after that was known, she had asked the Board not to attend the meetings so as to not stifle discussions at the meeting. Personnel Boardmember Park arrived at 6:55 p.m., and apologized for his absence due to the fact that he had misread the time on the meeting notice. Boardmember Galeno spoke of the unstable- ness of the Personnel Office in past years through the loss of two Directors and acting personnel, and that Ms. Gonzales had provided the Board with more information than any previous Directors had ever supplied. Mayor Drago thanked the Board for their attendance and hoped this would become a yearly event. Through silent consent the Personnel Board adjourned the meeting. Time of adjournment was 7:04 p.m. M/S Haffey/Teglia - to adjourn the meeting. Carried by unanimous. Time of adjournment was 7:05 p.m. 9/28/88 Page 7 AGENDA ACTION TAKEN - ~-RESPECTFULLY SUBMITTED, Barbara A. Battaya, City~Klerk City of South San Francisco APPROVED. ~C~ Do~a~jt~a~:~ Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communications, 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. 9/28/88 Page 8 Mayor Jack Drago Council: Mark N. Addie§o Richard A. Haffey Gus Nicolopulos ~Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room September 28, 1988 AGENDA CALL TO ORDER: (Cassette No.1) ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS Proclamation: Chamber of Commerce Week October 3-7, 1988 Proclamation: German American Day October 6, 1988 AGENDA REVIEW City Manager Armas Requested: - Item No. 2, Agenda read set Public Hearing for 10/26/88 and the staff report is in error as setting the Public Hearing for 10/12/88. - Remove Item No. 10 from the Agenda. - Hear Item No. 9 before consideration of Item No. 8. ACTION TAKEN 7:37 p.m. Mayor Dra9o presiding. Council present: Addiego, Haffey, Nicolopulos, Teglia, and Drago. Council absent: None. The Pledge was recited. PRESENTATIONS Vice Mayor Te§lia read the Proclamation aloud and presented it to Ms. Stewart as the Representative of the Chamber of Commerce. Mayor Drago proceeded to read a draft Proclamation received from the U. S. Conference of Mayors to recognize the vital role German Americans have played in our Nation and Cities. AGENDA REVIEW So ordered. ORAL COMMUNICATIONS COMMUNITY FORUM ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Councilman Nicolopulos recounted the history of S.S.F. High School's 75th Diamond Jubilee, and related the following: 10/7/88, 7:00 p.m. no host cocktail kick-off at the MSB; 10/8/88 9/28/88 Page I AGENDA ACTION TAKEN __COMMUNITY FORUM CONSENT CALENDAR 1. Approval of Minutes of the Regular Meeting of 8/24/88. Staff Report 9/28/88 recommending by Motion to set a Public Hearing date for 10/26/88 to consider the appeal of the Planning Commission decision of 8/25/88 denying a Zoning Ordinance amendment to Section 20.06.050(p)n(4) of the Municipal Code to add "display" of vehicles to the definition of Commercial Parking by the Applicant, David Gonzales, President, South City Ford - ZA-88-43. Staff Report 9/28/88 recommending by Motion to set a Public Hearing date for 10/12/88 to consider Zoning Amendment ZA-88-44, (Jill Cattaneo) and Negative Declaration No. 644 to modify the S.S.F. Muni. Code Section 20.69.020 and 20.72.030 to allow two dwelling units on R-2 zoned lots having a minimum size of 4,500 square feet, in accordance with provisions of S.S.F. Muni. Code Chapter 20.87 Staff Report 9/28/88 recommending adoption of a Resolution effecting an adjustment to the mileage reimbursement amount. A RESOLUTION SETTING THE CITY'S MILEAGE REIMBURSEMENT RATE 5. Approval of the Regular Bills of ~al$ 9/28/88. COMMUNITY FORUM 8:30 a.m. pancake breakfast followed at 11:00 a.m. with a ballgame against Jefferson High School. CONSENT CALENDAR Approved. Public Hearing set for 10/26/88. Public Hearing set for 10/12/88. RESOLUTION NO. 120-88 Approved in the amount of $885,507.57. M/S Teglia/Haffey - To approve the 9/28/88 Page 2 A G E N D A A C T I O N T A K E N ~. ~'~,~ k_~ .~ ~ ~' ---CONSENT CALENDAR CITY ATTORNEY e Staff Report 9/28/88 recommending adoption of a resolution concerning the transfer of the Cable Television Franchise from Western TV Cable to Western Communications, Inc. and from Western Communications, Inc. to the Chronicle Publishing Company. A RESOLUTION CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FOR THE CITY FROM WESTERN TV CABLE TO WESTERN COMMUNICATIONS, INC. AND FROM WESTERN COMMUNICATIONS, INC. TO THE CHRONICLE PUBLISHING COMPANY --FIRE Staff Report 9/28/88 recommending: 1) Motion to waive further reading of the Ordinance; 2) Motion to adopt the Ordinance· 2nd Reading/Adoption AN ORDINANCE REPEALING SECTION 15.24.090 ENTITLED "FIREWORKS" FROM THE SOUTH SAN FRANCISCO MUNICIPAL CODE CONSENT CALENDAR Consent Calendar. Carried by unanimous voice vote. CITY ATTORNEY M/S Te§lia/Addiego - To adopt the Resolution. RESOLUTION NO. 121-88 Carried by unanimous voice vote. FIRE City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Teglia - to waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Haffey/Addiego - To adopt the Ordinance. ORDINANCE NO. 1040-88 Carried by majority roll call vote, Nicolopulos voted no and Drago abstained. Mayor Dra§o stated that he had abstained because he opposed the banning of the safe and sane fireworks, and maybe con- sidered it a conflict of interest because the organization he belonged to also opposed the ban. 9/28/88 Page 3 AGENDA ACTION TAKEN PLANNING ® Staff Report 9/28/88 recommending adoption of a Resolution to approve the Agreement with WDT on the ~J& Oyster Point Overcrossin§. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AN9 WDT GATEWAY FOR FUNDING THE OYSTER POINT SEPARATION J Public Hearing - To consider the ~o~ appeal of the Planning Commission decision of 8/11/88 on UP-77-392/ Mod 3 Pak/N/Save to allow a multi- tenant facility, including a 24-hour warehouse §rocery store and other office/retail space in an existing vacant retail building, including the modification of loading facilities, sign program, and landscaping at 2255 Gellert Boulevard. Staff Report 9/28/88 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal and uphold the decision of the Plannin§ Commission. PLANNING Senior Planner Morton related the following: the Applicant requested, that if the formula was changed in the future that this project be subject to the change even though the project was appro- ved; that the Applicant had asked to be allowed to submit a letter of credit rather than pay cash for their contribution; that the City Attorney had been directed to work with the Applicant and the report was attached to the staff report. M/S Haffey/Nicolopulos - To adopt the Resolution. RESOLUTION NO. 122-88 Carried by unanimous voice vote. Councilman Addiego stated that he had been advised by the City Attorney and the FPPC to not take part in any discussion on this item in that the Corporation he works for wholly owns Pak/N/Save, and left the podium. Senior Planner Morton related the background of this item before the Planning Commission, and the conditions and findings applied to the use (a copy of the staff report is on permanent file in the City Clerk's Office for public inspection). Mayor Drago stated that he wished to clarify the issue based upon the opinion of the City Attorney: that the issue was strictly the 24 hour use; that even if the Council upheld the appeal and overruled the Planning Commission the business could still go into operations, other than during the hours of midnight to 6:00 a.m. through the use permit. He read a letter into the record from Carolyn Scharff (a copy is attached and a permanent part of the record of this 9/28/88 Page 4 Sept. 23,1988 Honorable Jack Drago, Mayor 122 Cuesta Drive So. San Francisco, CA. 94080 Dear Mr. Drago: After reading my enclosed letter, I trust you will understand that I am most anxious thatmypoint-of-viewbe exposed at the hearing coming up this next Wednesday evening City Council meeting, and my reasons for not being in a position to attend myself. I am really distressed that I found out, only THIS morning that the matter under discussion has been of public concern for the past year or two. I have been in touch with various departments in our City Government concerning the fact that, as President of our small Condo Assn. I had never received one item of correspondence in reference to any meetings, and only now have discovered that all such conmuni- cations have been sent to our Secty-Treas., who did not see fit to inform me on any of these matters, and apparently was not interested herself. This is my apologia, and my reason for endeavoring to enlist your services and have my letter read into the record at this up-coming meeting. Thank you for your cooperation in this matter, and I look forward to having some OTHER tenant take over this monster of a buSlding, rather than Safeway. Especially if the Pay 'N Pak opening involves the shutting-down of the Safeway store in Westborough S~re. Could Safeway not be persuaded to remodel either one, or both, of their South City stores? THAT would be much more of an asset to So. San Francisco, it seems to me. Thank you again .... Very truly yours, (Mrs.) ~~ 2360 Greend~a~le 992-5364 Scharff 9/28/88 Page 4a Mrs. Carolyn Scharff, Pres. W.H.C.A. 2360 Greendale Dr. So. San Francisco, CA. 94080 #2 Sept. 23, 1988 To the attention of the South San Francisco City Council: Ladies and Gentlemen: Through a set of unfortunate circ%m~tances I learned only on Sept. 21, 1988, that an open hearing has been set for Sept. 28 on the subject of a proposed "Pay'n Pak" store to be opened on GellertBlvd. in our City. I ~a a resident of Westborough Hills Condominiums for the past 15 years, and have been President of our small Assoc- iation, No. 2, on and off for several years, and am currently in that position. I am unable to attend your 9/28 meeting as I an] physically handicapped in a nun~er of ways, and although I am able to get about by myself during daylight; my eyes do not allow getting about ~]ch at night. ~nis is the only reason I am not able to present my ideas personally. I have been in communication with several persons at Safeway Stores, both in Fremont (with a Mr. George T. Unti, on 1/14/88); with "Mike", who is in charge of this No. San Mateo County area; and with Mr. Donan ~an, who is Manager of the Westborough Square Safeway Store. I had many complaints about Safeway apparently letting both So. San Francisco Stores run d~ in a most deplorable n~nner - to ~]e point where I had really given up on then], and transferred my shopping trips to Petrini's in Bay Hill. There, one receives the services and attention Safeway has not even dre~=d of... There have most definitely been some very minor improvements to our Westborough Store, and these have doubtless been due to the diligence and caring of Mr.Chan. The Chestnut St. store is pretty hopeless at this point, and nDst uninviting. My complaint to these various officials was that they (at Safeway) have really been treating So. San Franciscans as inferior types of citizens. The stores are filled with mer- chandise ~ichwould be rejected, in toto, by stores in "better" areas, such as those in Millbrae and especially, in Burlingame. Since they have degraded this area already, they have indicated their contempt for the persons in this area and the opinions of said customers. Now, they want to install one of their "Pay 'N Pak", which will be a further detriment to the neighborhood - and probably close their Westborough Square store altogether. This would be hopeless for such as me; that is, some~with physical disabili~es, as the size would preclude my ever entering such a large store, when I am intimidated by the size of the Cala~FI store at E1 Camino/Westborough Blvd. 9/~8/88 Page 4b Please heed my objections and have consideration for both our area, and those persons, like me, who have physical disabilities. AGENDA ACTION TAKEN PLANNING 8. Public Hearing - Continued. PLANNING meeting). He opened the Public Hearing, and invited those wishing to speak on the appeal to step to the dais. Mr. Charles A. Theiss, 2601 Donegal Ave., stated that he was representing the Westborough Homeowners Improvement Association and cited the following con- cerns: that this use would generate an intolerable traffic flow; and that the use was out of proportion to the neighborhood. Ms. C. Peterson, 2630 Shannon Dr., stated that she and other elderly people needed service from a grocery store, which Pak/N/Save did not provide. Mr. Robert C. Stevens, 2435 Tipperary Ave., suggested that Pak/N/Save be allowed only to operate in the nighttime hours which he felt would not impact traffic in the area. Mr. Albert Waters, 2266 Shannon Dr., stated that he was appealing the whole use permit, and had planned a press release on the use being allowed in Westborough for the following reasons: use is adverse to the public health, safety, and general welfare of the com- munity; was detrimental to the surrounding properties; was not con- si stent wi th the City's General Plan, Policy 32, in that convenience stores should not be located closer than one mile to each other; that it was a high volume, warehouse type of operation and belonged in a planned commercial district; it impacted traffic; that the trip generation was greater than the Planning Commission had considered; and that the use belonged in the area of the Price Club. Mr. Jose Minguela, 2230 Westborough 9/28/88 Page 5 AGENDA ACTION TAKEN PLANNING 8. Public Hearing - Continued. PLANNING Square, stated that he was also concerned about the traffic impacts, in that people would drive 30 miles to only shop at Pak/ N/Save. Mr. Philip J. Bernheim, 3606 Bassett Court, stated that it was to stifle com- petition in its hours of operation, and was personally happy with the use in Westborough. He stated that traffic would increase with or without a Pak'N'Save in the area. Mr. Keith Smith, 2520 Wentworth Dr., cited the following concerns: that access to Westborough was dangerous and hazardous; that the driveway was illcon- ceived; confusion over what was being appealed. He requested that the item be deferred for further study. Mayor Drago read a letter into the record from Ms. Cathy Lagomarsino against the appeal (a copy is attached and a per- manent part of the minutes of this meeting). Mr. Bill Falik, Pak/N/Save, rebutted: the comments on trips generated; that if a person requested assistance in the store, management people would help them; that the use was not in conflict with Policy 32 of the General Plan; that the use per- mit was necessary to operate between mid- night and 6:00 a.m. which occupied less than 12% of the traffic and this was a permitted use. Vice Mayor Teglia questioned provisions for the handicapped. Mr. Johnson, Pak/N/Save, stated that if a handicapped or elderly person requested assistance they would be aided by manage- ment people. Ms. Anna Shimco, Pak/N/Save, described the mitigation measures to be taken to 9/28/88 Page 6 '88 SEP28 P3:17 9/28/88 Page 6a fr¢~., z_ 4 z.. '-' 9/28/88 Page 6b AGENDA ACTION TAKEN ... PLANNING 8. Public Hearin§ - Continued. PLANNING alleviate traffic congestion. Mayor Drago closed the Public Hearing and requested comment from the City Attorney. City Attorney Armento stated that the site in question was a C-1 Zone which was defined as a retail commercial zone, a permitted use in that C-1 Zone included food and beverage sales. She continued, the C-1 Zone provided that any use which involved hours of operation from midnight to 6:00 a.m. must have a use permit, so if they wish to operate during those hours they must have a use permit; and if they wish to operate from 6:00 a.m. to midnight or any hours in between, they are a permitted use. Mayor Drago questioned, so had the appli- cant applied for just a permit to move into the building, and if the applicant had not wanted a 24 hour operation - they could have been in business on the site six to 18 months ago. City Attorney Armento stated that the Applicant could have been in business six to twelve months ago. She stated that with regard to the use permit, the pro- visions of the Municipal Code state that when an operation ceases for at least six months, that use permit subsequently died and the rules say you can go back to the regulations for a C-1 and that they only needed a use permit for the stated hours. Mayor Drago questioned if that was con- sistent with Policy 32. Senior Planner Morton stated that staff did not believe that it was not Council's intent to include a full service grocery store in the definition of convenience store, so they had always been comfor- table saying that approval of this pro- ject was consistent with the General Plan. 9/28/88 Page 7 A G E N D A A C T I O N T A K E N .~-,~ PLANNING 8. Public Hearin9 - Continued. PLANNING Discussion followed: that C-1 zone for the area had been adopted in 1986, and that it had been called a neighborhood commercial zone with a different defini- tion; on the traffic studies and the EIR on the trips generated; that the Price Club generated 5.73 trips per 1,000 sq. ft., and Pak/N/Save generated 6.03 trips per 1,000 sq. ft., etc. Councilman Halley stated that he understood the frustration voiced tonight, in that people were fearful of Pak/N/Save because of the traffic generated in their neighborhood that was greater than the Price Club. He stated that he had fearful experiences at the Colma Pak/N/Save, and in his opinion Pak/N/Save was the Volkswagen and Safeway the Cadillac of operations. He stated that the staff report called the operation a grocery warehouse, at least four times, and the City generally didn't put a warehouse near or in a residential area. He stated that people had come into the room tonight believing that the action the Council was going to take tonight was to either have a Pak/N/Save or not have a Pak/N/Save, and that until five days ago he thought that was what the action was going to be. He continued, then the Council had received a memo from the City Attorney on 9/23/88 that described a fact which virtually everyone had overlooked - that the Developer could go into the facility and operate from 6:00 a.m. to midnight as a permitted use. He questioned if the City had done a bad job of informing people in the other public hearings - did we make a mistake early on. He found it amazing that Pak/N/Save had paid $50,000 a month, and had not occupied that particular struc- ture for the business; and then come in to ask for a 24 hour operation later on. 9/28/88 Page 8 AGENDA ACTION TAKEN PLANNING 8. Public Hearing - Continued. PLANNING Senior Planner Morton recounted the following: that two years ago when Pak/N/Save came into the City the K-Mart use permit had been active; that Pak/N/Save applied for the Use Permit Modification I to make the change, and there was a condition on the use permit that said that any minor changes to the site had to be approved by the Planning Commission; that the process was lengthly and ended up before the Council; during the process the K-Mart use permit ter- minated; staff felt that the request for a second modification was still acti- vating the use permit; that there was a lot of attention focused by the neigh- borhood; that only in staff discussions with the City Attorney was it realized that Pak/N/Save could come in, so it was not put in the public staff report because of possible repercussions; and staff never informed the Applicant after the determination was made. Councilman Haffey stated that he did not call this an open process, and had a hard time knowing that this type of knowledge was kept from the public. He questioned who had made this decision. City Attorney Armento stated that staff was on their third City Manager in three months. Mayor Drago stated that the only way to impose the use permit conditions, was to deny the appeal. Councilman Haffey questioned when the Applicant was aware that they could just go in as a permitted use. Mr. Fallik stated that they had read and discussed the Zoning Ordinance, but when the Council directed them to prepare an EIR -- to pull back and do anything else was not suitable. He stated that he did not see a reason for the City to deny the 24 hour use, but if they did, they would still be here. 9/28/88 Page 9 AGENDA ACTION TAKEN _ PLANNING 8. Public Hearing - Continued. PLANNING Vice Mayor Teglia expressed concern about something being done'about traffic, ingress, and egress of that area with all parties concerned, so that the next time there is an application the Council could judge it on something other than what was being faced tonight. She stated that 380 was once on a State master plan, in fact they owned the right of way for it, and that due to a tremen- dous amount of opposition from cities in Pacifica, San Bruno and others and not only has that plan been wiped from the State Master Plan but they sold all the right-of-ways and 380 no longer existed. She stated that she had bad experiences in Colma, however, she and Councilman Nicolopulos had gone on a field trip to other Pak'N'Save locations and had found a big improvement in the product. She stated that she was not pleased with the process that took place - it wasn't open, it was highly questionable, and for some people that were trying to save us from liability and exposure. She thought, in fact, that the City was risking greater exposure and the Council had to deal with that. Councilman Nicolopulos described the proposed Pak/N/Save as being the same as the one in Dublin which was tasteful, with quality food, a bakery, and a credit to the City. He encouraged Mr. Waters to make a field trip to the Dublin store. M/S Nicolopulos/Teglia - To deny the appeal and uphold the decision of the Planning Commission. Carried by majority roll call vote, Haffey voted no. 9/28/88 Page 10 AGENDA ACTION TAKEN ...... RECESS: RECALL TO ORDER: Councilman Addiego returned to the podium: Mayor Drago declared a recess at 9:25 p.m. Mayor Drago recalled the meeting to order at 9:45 p.m., all Council present. Councilman Addiego returned to the podium at 9:45 p.m. Mayor Drago stated that based upon the previous discussion, it was obvious that Council had to address the commercial area in Westborough. Vice Mayor Teglia requested a consensus to direct staff to in fact begin a serious effort to deal with the area of the Westborough Shopping Center, as well as the remainder of the adjacent land - some of which was developed, and some was not. She continued, look at solutions for the egress and ingress, as well as the horrendous traffic problems that exist and which would only get worse in the future unless something was done. She stated that at one time the Planning Commission attempted to get a special study area and were thwarted by the staff -- which she would like to see reversed. She stated that she would be willing to slap a moratorium on anything new in that area until such a time as solutions were developed. Councilman Nicolopulos stated that he would second that in principle, but not necessarily a moratorium. Councilman Halley stated that before he could support a moratorium, he would like staff to review this and provide the Council with a spectrum of alternatives. Councilman Addiego stated that the prin- cipal land owner in the area was looking for direction from the City on what is acceptable as far as development was con- cerned, and felt the moratorium was pre- mature unless the Council was up against something. 9/28/88 Page 11 AGENDA ACTION TAKEN PLANNING 8. Public Hearin§ - Continued. 10. Report of 9/28/88 from the Planning Commission on the proposed amendment to the Zoning Ordinance regulating uses of barbed wire. POLICE 11. Staff Report 9/28/88 recommending: 1) Motion to waive further reading of the ordinance; 2) Motion to adopt the Ordinance. 2nd Reading/Adoption AN ORDINANCE REPEALING CHAPTER 10.44 OF SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 10.44 ENTITLED "MINORS - CURFEW" RECREATION & COMMUNITY SERVICES 12. Staff Report 9/28/88 recommending by Motion to authorize the exchange of City land for School District $,v land south of Alta Loma Jr. High School - Continued from the 8/10/88 meeting. PLANNING Mayor Drago could support a moratorium if only to expedite a solution - -- which it would force Council and staff to get a sol uti on. City Manager Armas stated that staff would put together alternatives for the Council to act upon at the next meeting. The item was removed from the Agenda by the City Manager under Agenda Review. POLICE City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Addiego - To waive further reading of the Ordinance. Carried by unanimous voice vote. M/S Addiego/Haffey - To adopt the Ordinance. ORDINANCE NO. 1041-88 Carried by unanimous voice vote. RECREATION & COMMUNITY SERVICES Director of Recreation & Community Services Jewell stated that the recommen- dation from the Park & Recreation Commission was to declare surplus the 1.3 acres; allowing it to be sold; to look at a joint sale with the School District, as there was interest in selling an 8+ acre site at the same time. He stated that incorporated into that was the understanding that on the school campus site there would be a joint effort by the School District and the City to develop some playground apparatus targeted for 9/28/88 Page 12 AGENDA ACTION TAKEN RECREATION & COMMUNITY SERVICES 12. Staff Report - Continued. RECREATION & COMMUNITY SERVICES younger aged groups. He stated that this was a junior high school campus and in the immediate vicinity there was not playground apparatus available for young children. He stated that there had been a meeting yesterday with staff, City Manager, Council Subcommittee, School District Subcommittee, Superintendent of Schools and the Business Manager to review the status of this particular proposal. He stated that they had walked the site and had looked at a number of options that could be looked at as a future development. He presented another option: of still selling the property, but at the time the property is subdivided, include it in the Quimby Act provision and include it within the boundaries of the subdivision at the entrance of Camaritas with perhaps a tot lot. He explained the idea in detail with maps that pointed out the area. City Manager Armas stated that it was important to note that the council was acting in two roles: as a property owner deciding whether to dispose of the land, and when the property was sold, deciding where the proceeds would be used. He continued, independent of that action, presuming that a developer acquires the property for single family homes, the Council will have an opportunity in the role of a land use regulator to determine what conditions of approval will be attached to that application for open space or in lieu fees. He continued, at that point, a determination could be made for a totlot or whatever. He related the followed: 1) that a title report revealed that the County provided funds of $20,000, and if this was not to be built as a park then the amount would 9/28/88 Page 13 AGENDA ACTION TAKEN RECREATION & COMMUNITY SERVICES 12. Staff Report - Continued. RECREATION & COMMUNITY SERVICES have to be paid back; that Federal money from HUD was used to buy the property, but there were no longer restrictions from HUD to dispose of the property; 3) it would require a General Plan Amendment. Vice Mayor Teglia stated that she was not interested in this being jointly deve- loped, and it was an expensive piece of property. Mayor Drago questioned if there had been a response from Mr. Botieff in relation to the agreement of sale. Director of Recreation & Community Services Jewell stated that there had not been a response. Vice Mayor Teglia remembered that there were agreements made with individuals during the acquisition and requested that staff contact Mr. Botieff. Discussion followed: joint marketing of the property; what arrangement - pro rata share; the needs of the neighborhood; the need for a tot lot; that the City's pro- perty provided access to the property. Councilman Haffey stated that he agreed with the third alternative, but questioned the needs of the sports fields, and the giving up of open space. He stated that if the McLellan lot was ultimately sold, annexed and developed it might provide a larger park. He cautioned the Council on taking action that was expedient for today, because it needed cash today and give up open space. Vice Mayor Teglia encouraged the Park & Recreation Commission to study and iden- tify the needs of the area, and before the Council did anything it must have a public hearing on a General Plan Amendment. 9/28/88 Page 14 AGENDA ACTION TAKEN RECREATION & COMMUNITY SERVICES 12. Staff Report - Continued. RECREATION & COMMUNITY SERVICES Councilman Halley stated that another subcommittee he was on was looking at the potential of swapping land with the County for the jail site, but there was not enough information to bring to Council with a recommendation. He wondered if there was enough data, such as appraisal of the City land, how. far it would 90 to the improvements that the baseball mana- gers needed, and that before a decision was made to sell the property there should be more data. Mayor Drago stated that consensus appears to state that there was interest to put the property up for sale, and it was a matter of process. Councilman Nicolopulos concurred as a subcommittee member with Councilman Halley's comments, and wanted to take care of the baseball managers needs. Consensus of the Council - Interest to sell the land and make the improvements, but more data was needed. City Manager Armas stated that he interpreted the Council dialogue to say, the Council was receptive to the sale; it wants the staff to work with the Subcommittee to explore some more par- ticulars: maintaining certain principles, preserving and recognizing the full worth of that land and ascertain potential fin- ancial worth through appraisals; and then a General Plan Amendment. Vice Mayor Teglia stated that the role of the Subcommittee was finished and the recommendation from staff should come to the full Council. Councilman Addiego wanted to force the issue that Mr. Botieff had brought to the forefront and dispose of his claim. Councilman Haffey wanted the Park & 9/28/88 Page 15 AGENDA ACTION TAKEN RECREATION & COMMUNITY SERVICES 12. Staff Report - Continued. 13. Public Hearing - To consider the appeal by Richard A. Bocci of the Historical Preservation Commission~o on 8/11/88 to make 100-116 Grand Avenue an Historic Resource Designation. Staff Report 9/28/88 recommending: 1) Open the Public Hearing and hear testimony; 2) Close the Public Hearing; 3) Motion to deny the appeal and uphold the decision of the Historical Preservation Commission. ITEMS FROM STAFF --- 14. Staff Report 9/28/88 recommending RECREATION & COMMUNITY SERVICES Recreation to investigate the sports needs of the organizations to aid the Council in its decisions. City Attorney Armento stated that she had reviewed all of the documents that the City has, but would make an effort to personally contact Mr. Botieff. Park & Recreation Commission Chairman Jones stated that the recommendation had come forward as a land swap, which would be developed anyway and would not be open space, and that was why the recommend- ation was to use the money to improve fields. Mayor Dra9o stated that the suggestioh was for the Commission to work along with the process of the sale of the property by developing the needs of the sports people to improve their arena areas and to anticipate the money to be received by the sale. Councilman Addiego stated that the Council was giving up open space and pumping the money back into the adjacent community, and the Commission was charged to identify that need and its cost. Mayor Drago opened the Public Hearing, and stated that there was a recommen- dation to continue the hearing due to on-going negotiations. M/S Haffey/Teglia - To continue the Public Hearing to 11/9/88. Carried by unanimous voice vote. ITEMS FROM STAFF Senior Planner Christians related the 9/28/88 Page 16 A G E N D A A C T I O N T A K E N ~-. ITEMS FROM STAFF 14. Staff Report - Continued. by Motion to provide direction on~ag~ the possible acquisition of tax defaulted property on Sylvester Road, Parcel 015-031-160. ITEMS FROM STAFF following: that the Council had pre- viously approved purchase of the property for $152.00; that the State Controller had ruled that the purchase price must be 25% of the full market value; that the Assessor had established a market value of $400,000; that the property is located in the proposed Downtown/Central Redevelopment Project, and that there were problems in the area, i.e., inade- quate access; substandard parking, and various non-conforming uses. He cited the various potent opportunities in the purchase of the property: that it could result in the eventual redevelop- ment of this area and the adjacent pro- perties; that it would conform to the current General Plan for retail, restaurant, office, hotel, research and development uses, etc. He cited the expenses to be incurred with the purchase: $500 - title report; $5,000 - site investigation to determine if there is any toxic contamination, etc. Discussion followed: whether or not the lease on the property ended with a new owner; that when tax defaulted property was purchased a deed was issued that automatically cleared all encumbrances other than standard utility easements; that there were no restrictions on a future sale after the purchase; that it should be bought with a purchase contract for toxic protection; that because of a lack of sales tax, cities were finding it necessary to become entrepreneurs to generate money for the City; that the City could make an interim loan to the Redevelopment Agency for the purchase, and that would be repaid with tax incre- ment money; that if the land was con- taminated it could cost $100,000 to cart away the dirt; that an assessment on the extent of contamination, and if the cost was too great do not proceed with the acquisition; that a contingency should be 9/28/88 Page 17 AGENDA ACTION TAKEN _ ITEMS FROM STAFF 14. Staff Report - Continued. 15. Discussion of request from South ~1°~ San Francisco High School for City assistance with its Diamond Jubilee Events on October 3-8, 1988. ITEMS FROM COUNCIL ITEMS FROM STAFF put in the purchase agreement concerning the contamination, etc. M/S Haffey/Addiego - To direct staff to continue discussions in regards to bring- ing Council a purchase agreement on this property. Carried by unanimous voice vote. City Manager Armas stated that he had reviewed the request and recommended the following: No. 3 was not needed; No. 1 have the high school work with the Downtown Merchants; Item No. 2 City would work with them on providing security and City staff, and reduce the rates or pro- vide the service at a one-half rate. Vice Mayor Teglia agreed with a cost sharing or have the high school pick up the security cost as is done with other community events. Consensus of Council - To direct staff to accommodate requests I and 2. ITEMS FROM COUNCIL Councilman Halley expressed concern on curbside recycling which other cities were moving forward on, and requested the Subcommittee to look at alternatives and report back to Council. Mayor Drago stated that he wanted to move on the whole Scavenger issue, and directed the City Manager to meet with the Subcommittee after a review of the franchise. He stated that if the City could not move forward, perhaps the curb- side recycling could be culled out for separate consideration. Councilman Addiego stated that this was to have been a study session item with the Scavengers, and that curbside recycling would affect the rates and therefore it could not be culled out. 9/28/88 Page 18 A G E N D A A C T I O N T A K E N ~-~ ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 16. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: ADJOURNMENT ITEMS FROM COUNCIL City Manager Armas stated that he would review the documents before meeting with the Subcommittee in two to three weeks. GOOD AND WELFARE Mr. Elmore, 1051 Airport Blvd., stated that if in the Zoning Ordinance there were requirements, and if he was in violation of an ordinance and there were 50-100 other people with the same viola- tions would the City force that upon him without enforcing it on the other violators. City Attorney Armento stated that complaints were dealt with on a first come, first served basis, and an attempt was made to handle them uniformly through the enforcement of the ordinance. Mayor Drago advised Mr. Elmore to meet with the City Manager to resolve the problem, and if he did not get satisfac- tion he should bring the documentation before the Council. CLOSED SESSION Mayor Drago stated that the Council would hold a Closed Session for the items listed, as well as discussion of the com- ments made on Pak/N/Save. The Council adjourned to the Closed Session at 11:10 p.m. Mayor Drago recalled the meeting to order at 11:27 p.m., all Council present, no action taken. M/S Haffey/Addiego - To adjourn the meeting to Wednesday, 10/5/88, 7:00 p.m., City Hall for the purpose of a joint meeting with the Parking Place Commission, and discussion of the Youth Commission. Carried by unanimous voice vote. Time of adjournment was 11:28 p.m. 9/28/88 Page 19 AGENDA ACTION TAKEN . RESPECTFULLY SUBMITTED, 'Bar ara A. Battaya, City~erk City of South San Francis-co APPROVED. "Jack Drago, 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 communications, 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. 9/28/88 Page 20