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