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HomeMy WebLinkAboutMinutes 1988-10-26 Mayor Jack Drago Counci 1: Mark N. Addiego Richard A. Haffey Gus Nicolopulos .-- Roberta Cerri Te§lia MINUTES City Council Municipal Services Building Community Room October 26, 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 26th day of October, 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 Housing Authority/Historic Preservation Commission 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. Barbara A. Bat aya, ~y ~ City of South San Francisco Dated: October 21, 1988 AGENDA CALL TO ORDER: (Cassette No.1) ACTION TAKEN 6:07 p.m. Mayor Drago presiding. ROLL CALL: Council present: Council absent: Haffey, Nicolopulos, Teglia, and Drago. Addiego. Housing Authority Commission present: Dietrich, Nelson, Noftsger, Nilmeyer, Frendo, and Battaglia. Housing Authority absent: None. Joint Session with the Housing Authority for a study session for the discussion of items of mutual concern. Mayor Drago stated that this was to be an informal session to find out the concerns of each of the Boards and Commissions, and find out how the Council could assist the Commission. Housing Authority Chairman Battaglia stated that this Commission was unique, in that it also came under the rules of the Government. He stated that the problems were few, other than a few tenant problems that were handled by the Administrator Fitzgerald. He stated that 10/26/88 Page i AGENDA ACTION TAKEN --- 1. Joint Session with the Housing Authority - Continued. Councilman Addiego Arrived: ADJOURNMENT HOUSING AUTHORITY: ROLL CALL: Joint Session with the Historic Preservation Commission for a study session for the discussion of items of mutual concern. things were running smoothly, unlike San Francisco, and the Authority was in the black. Councilman Addiego arrived at 6:13 p.m. Discussion followed: that there was 100% occupancy of housing; that police, fire, and public services were being taken care of for the Authority by the City Departments; that the Authority property abutted on property with barbed wire and a chain link fence, and Vice Mayor Teglia questioned if it was necessary; Executive Director Fitzgerald related that the barbed wire was being removed; that the people living in the complex felt that they were the landlords, and took a propriety interest in the property; that the Authority appreciated Councilman Nicolopulos attending meetings; that a seat was still vacant for a Tenant Commissioner in that the previous appoin- tee had moved from the area, etc. M/S Nilmeyer/Noftsger - To adjourn the Housing Authority meeting. Carried by unanimous voice vote. Time of adjournment was 6:16 p.m. Historic Preservation Commission present: Arndt, Feudale, Gookin, Harks and Mullin. Historic Preservation Commission absent: None. Historic Preservation Chairman Mullin stated that the Commission had been active since its formation and had followed the mandate set by the Council. He stated that a brief summary of activi- ties of the Commission had been incor- porated into the staff report. He stated that the Commission had completed designating the properties of great historic significance pursuant to that mandate, and were now looking at the pro- perties in which the Commission was the Body to make the determinations. 10/26/88 Page 2 AGENDA ACTION TAKEN Joint Session with the Historic Preservation Commission - Continued. He stated that this meeting was important to talk about the relationship between the Council and the Commission to see if it was moving in the same direction and with the same goals as the Council. He stated that this was very important to know in that the Commission was facing recalcitrant owners who do not want their properties designated historic resources, which dove tailed with plans for the downtown area. He spoke of the Bocci appeal, and the forthcoming appeal of the Merriam Building as cases in point. Discussion followed: that there was no delineation between commercial and resi- dential in designations; that every effort had been made to contact owners of potentially designated properties; con- cern over the lack of coordination bet- ween the Recreation and Planning Departments when applications were made on homes of historic significance; that liaisons were needed between departments and commissions to monitor applications such as the one on the Merriam Building; that Mr. Jewell was supplying the Commission with agendas and minutes of the Planning Commission meetings; that demolition of property could occur without the Commission being aware or made aware through staff from other departments; that properties still existed of historic significance that were not flagged anywhere; that the pre- vious City Manager had flagged some pro- perties and had been told by the City Attorney that could not occur; that the ordinance should be amended to allow time to review buildings to be demolished to protect the City; that there were poten- tially 300 properties for designation; that a 60 day stay would allow time to decide on the historic designation of the property; that the list of 300 had been reduced to 100 properties; that some designations had produced hardships on the property owners; that some properties were structurally unsound; that the formation of the Commission had received great community support, etc. 10/26/88 Page 3 AGENDA ACTION TAKEN -- 1. Joint session with the Historic Preservation Commission - Continued. Closed Session for the purpose of discussion of personnel matters, labor relations, property negotiations and litigation. RECALL TO ORDER: Discussion on policy direction from the Council: that the Commission needed more staff support, particularly in the planning area for the future of the down- town; to some of the staff support should be in the area of research, because some of the survey had not been done in depth, and perhaps that could come from the history room at the Library; City Manager to see if the history room was open at night for the Commission, and whether research assistance was available; that staff liaison was also needed from the Planning Department so there were no conflicts; rotate Commissioners to attend the downtown revitalization meetings, as well as Planning Commissioners; investi- gate amending the ordinance; that 314 Baden Avenue was a conditional designa- tion and did not meet the conditions; suggestion of bringing in photos of homes to be designated; overlay of homes showing before and after. M/S Arndt/Gookin - To adjourn the Historic Preservation meeting. Carried by unanimous voice vote. Time of adjournment was 7:05 p.m. Council adjourned to a Closed Session to discuss the listed items at 7:06 p.m. Mayor Drago recalled the meeting to order at 7:50 p.m., all Council present, no action taken. M/S Haffey/Addiego - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:50 p.m. 10/26/88 Page 4 AGENDA ACTION TAKEN RESPECTFULLY SUBMITTED, Barbara A. Battaya, City C~rk City of South San Francisco APPROVED. ' O~ack~rago, Ma or /£ity 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. 10/26/88 Page 5 Mayor Jack Drago Council: Mark N. Addiego Richard A. Halley Gus Nicolopulos Roberta Cerri Teglia MINUTES City Council Municipal Services Building Community Room October 26, 1988 AGENDA CALL TO ORDER: (Cassette No. 1) ROLL CALL: PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS Presentation on behalf of the Mayor of Lonate Pozzolo, Italy, to the City of South San Francisco in recognition of the large number of South San Francisco residents of Lonatesse descent ~1~ Certificate of Achievement for Excellence in Financial Reporting by Ronald Beach, Government Finance Officers Association Representative ACTION TAKEN 7:53 p.m. Mayor Drago presiding. Council present: Council absent: Addiego, Haffey, Nicolopulos, Teglia, and Drago. None. The pledge of allegiance was recited. Reverend Neely, Grand Avenue Baptist Church, gave the invocation. PRESENTATIONS Ms. Rose Parks presented a plaque from her birth place, Lonate Pozzolo, Italy, and introduced Mrs. & Mrs. Frank Casagrande, Mr. Angelo Columbo, and Mrs. Gloria Taormino. Vice Mayor Teglia stated that the City of San Rafael had recently become the Sister City of Lonate Pozzolo, which had prompted this presentation. She con- tinued, the military band from Italy with its 45 piece brass band had played in New York and had been brought to San Rafael for the inauguration of the Sister City. She stated that a historian had found that the largest concentration of Lonatesse descent was in San Rafael, and had not known that there was a second con- centration here in South San Francisco. She stated that a contingent of this com- munity attended the presentation, and that she had made a presentation on behalf of this City, and in return the Representative of Lonati Pizzolo had pre- sented this wall hanging to South San Francisco. Mr. Beach presented the award to City Manager Armas and Finance Director Marx, and commended their efforts in achieving this award. 10/26/88 Page I AGENDA ACTION TAKEN .... AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Approval of the Minutes of the Special Meeting of 9/21/88. Approval of the Regular Bills of m~o~ 10/26/88· 3. Motion to award the bid for purchase of a Paramedic Medical Rescue Ambulance to Wheeled Coach Corp. in the amount of $67,201.50 as the lowest responsible bidder. 4. Motion to authorize the purchase equipment for the ambulance in the amount of $37,700.00. 5. Resolution to authorize execution of an agreement with CH2M Hill for Sludge Thickening Redundancy Project. A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO FURNISH ENGINEERING SERVICES FOR SLUDGE THICKENING REDUNDANCY AT THE SOUTH SAN FRANCISCO/SAN BRUNO WATER QUALITY CONTROL PLANT PROJECT NO. WTP-85-2 AGENDA REVIEW City Manager Armas stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS No one chose to speak. COMMUNITY FORUM Vice Mayor Teglia announced that Congressman Lantos would conduct a hearing on 10/28/88, at the MSB, at 9:30 a.m. entitled Older Care, A Growing Challenge in the Workplace. Councilman Nicolopulos stated that last Saturday the Council had viewed the City's fields, and a concern had been voiced over dog debris on the playing fields. He requested that staff draft an ordinance for pooper scoopers to be used by dog owners on the fields. CONSENT CALENDAR Approved. Approved in the amount of $785,405.72. Removed from the Consent Calendar for discussion by Mayor Drago. So ordered· RESOLUTION NO. 130-88 10/26/88 Page 2 AGENDA ACTION TAKEN CONSENT CALENDAR e Motion to authorize a contribution totaling $225.00 to Mercy High School and Baden High School's ~ Close-Up Pro9ram for 1988-89. Motion to award the bid for purchase of a Paramedic Medical Rescue Ambulance to Wheeled Coach Corp. in the amount of $67,201.50 as the lowest responsible bidder. 0 Motion to authorize a contribution totaling $225.00 to Mercy High School and Baden High School's Close-Up Program for 1988-89. ADMINISTRATIVE BUSINESS 7. Resolution of award of contract for CONSENT CALENDAR Removed i:rom the Consent Calendar discussion by Councilman Addiego. M/S Haffey/Nicolopulos - To approve the Consent Calendar with the exception of Items No. 3 and 6. Carried by unanimous voice vote. Mayor Drago questioned why staff did not select the lowest bidder, but did select the lowest responsible bidder based on the electrical warranty specifications, and asked ii: that was critical. Fire Chief Feuerstein stated that the warranty on electrical components was a critical need for ambulances. He stated that it would take three months to receive the chassis, and it would be in service in five months. M/S Drago/Hafi:ey - To award the bid for purchase oi: a Paramedic Medical Rescue Ambulance to Wheeled Coach Corp. Carried by unanimous voice vote. Councilman Addiego expressed concern over private schools being included in the program when their students did not live in the District. Vice Mayor Teglia stated that the District's boundaries were being used for this program. M/S Addiego/Teglia - To contribute $225.00 to Mercy High School and Baden High School's Close-Up Program for 1988-89. Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS Acting Deputy City Manager/City Engineer 10/26/88 Page 3 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. the Cypress/Miller Municipal Parking Lot No. 13, Project No. ~l PB-88-2, Bid No. 1776 to Interstate Grading & Paving in the amount of $68,877.50 as the lowest respon- sible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE PARKING DISTRICT LOT IMPROVEMENTS AT CYPRESS/MILLER AVENUES, PROJECT NO. PB-88-2, BID NO. 1776 ADMINISTRATIVE BUSINESS Wong stated that this bid would hold until 11/4/88 if the Council chose not to accept the bid this evening as recom- mended by the Parking P1 ace Commission. Mr. Lou Dell'Angela stated that he was representing his Client, So. City Ford, and proceeded to present studies to the Counsel on the usage of parking lots in the District. He stated that other than at peak times such as during the lunch hour, there was sufficient parking in the downtown without this lot. He stated that the problems in the 100-200 block of Grand Avenues were not parking, but ones of land use, nuisance and safety problems, i.e., drinking and panhandlers. He stated that the Cypress area was isolated and dangerous for pedestrians at night. He stated that currently the lot was being used to store the So. City Ford's cars, and if a parking lot was put on the site where would the vehicles park. Discussion followed: that the issue tonight was only to accept or reject the bids to pave the lot; important factor was the purchase of the lot and controlling the lot for the future; except for the noon time situation, the lots are not being utilized at their maximum and the lot would not provide much in the way of revenue; normally this would be a Consent Calendar item; there was currently a private business owner who leased this land on a month to month basis from the City, and for that busi- ness' benefit they want to continue to do so; if the City accepts a bid, the lot will be available to everyone in the area; that the lot will induce other businesses to the area; Mayor Drago con- cerned over spending $70,000 today, only to find that later a multi-storage lot was needed; lot was bought for a parking lot; that there was hope of the 10/26/88 Page 4 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. (Cassette No. 2) ADMINISTRATIVE BUSINESS complexion of the downtown to change; that a meeting was supposed to be held to find a solution to parking for So. City Ford's vehicles. Mr. Dell'Angela stated that a better study should be made of the parking needs of the area, and felt that staff could make the study. He stated that there were many operation problems with the design of the particular lot. He urged the Council to reject all bids, and felt that the pavement of the lot was prema- ture until the point of time when the redevelopment was underway for the downtown. Mr. Dave Gonzales, So. City Ford, stated that the business had been here for 70 years, and he did not personally see a need for a parking lot on the site. He expressed concern that the city had not looked into the problem of where his vehicles would be parked. Councilman Haffey stated that he was not prepared to write-off Grand Avenue for five to six years, and tonight's action was only to pave the lot; and by doing so make a small investment in lower Grand Avenue. Councilman Nicolopulos stated that at the proper time he would move for a recommen- dation to not award the contract for the following reasons: timing for the whole scenario was not ready at this particular period and stage of the downtown revita- lization; that the Council should not be short sighted, penny wise and pound foolish; there were not conclusive stu- dies that revealed a need for parking at this location right now; successful local planning depends more on political will than on technical program; policies that appear technically feasible may be polit- ically unaccceptable today, and proceeded to cite 17 items that would produce failure for the City. 10/26/88 Page 5 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution - Continued. ADMINISTRATIVE BUSINESS M/S Nicolopulos/Addiego - To reject all bids. Vice Mayor Teglia stated that Councilman Nicolopulos' comments seemed to cry for one direction, and the conclusion went in a different direction - which totally confused her. She stated that there was a third option, to sell the lot back to the original owner. She stated that the City had threatened condemnation for a public purpose, and that owner had been renting to So. City Ford, so let the man make dollars, and the City can get the property back on the tax rolls if the City was not serious about using it for a public purpose. She stated that there had been many opportunities for people to do things to improve the downtown - which no one had done; and she was not willing to sell out all of Grand Avenue, the future, for So. City Ford's sales tax. She stated that there is a greater picture then what was good and convenient for a business. She pointed out that So. City Ford had other property in the area to store their vehicles. Councilman Addiego stated that this was a dynamic use in the area, but it was important to look at that lot in conjunc- tion with other lots in the vicinity for a future broader scope. Councilman Haffey stated that he wouldn't mind seeing Airport Blvd. being turned into an auto row, but he didn't want to see it happen at the expense of Grand Avenue. He stated that the $70,000 had been generated from coins put in parking meters, and it would pay for 42 spaces at $1,600 a space; and he would not go along with this Motion. Mayor Drago stated that he believed that it was an ideal location for a lot, and 10/26/88 Page 6 ADMINISTRATIVE BUSINESS 7. Resolution - Continued. RECESS: RECALL TO ORDER: LEGISLATIVE BUSINESS Introduction of Ordinance: Motion to waive reading and introduce the Ordinance on the sale of drug ~l paraphernalia to minors. ~l AN ORDINANCE REPEALING CHAPTER 6.84 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO THE SALE OF DRUG PARAPHERNALIA TO MINORS ADMINISTRATIVE BUSINESS the Council was underestimating the lot in the future. He stated that he was not willing to accept the bid before 11/4/88. He stated that he was not sure that sur- face paving of that lot right now would serve the needs of a multi structure building, wherein the City might not have to go in an tear out the paving a year from now. Councilman Addiego stated that the Subcommittee had not brought forth a rec- ommendation because many options for multi-structures encompassed the lanes, and information had not yet been garnered. City Manager Armas stated that infor- mation on the redevelopment of the down- town would come forward in December, and would identify a whole series of public improvements needed with an assessment of the cost. Vice Mayor Teglia requested that this come forward at that time, so that So. City Ford was put on notice on potential City action. Carried by majority roll call vote, Haffey and Teglia voted no. Mayor Drago declared a recess at 9:03 p.m. Mayor Drago recalled the meeting to order at 9:20 p.m., all Council present. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the Ordinance in its entirety. M/S Haffey/Addiego - To waive further reading and introduce the Ordinance. Carried by unanimous voice vote. 10/26/88 Page 7 AGENDA ACTION TAKEN LEGISLATIVE BUSINESS Adoption of Ordinances: adopt two Ordinances. Motion to a) AN ORDINANCE AMENDING TABLE 20.69.020 AND TABLE 20.72.030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ALLOW TWO DWELLING UNITS ON R-2 ZONED LOTS WITH A MINIMUM SIZE OF 4,500 SQUARE FEET ORDINANCE AMENDING SECTIONS b) AN 19.24.080 AND 19.24.090 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO DEDICATION OF LAND AND PAYMENT OF IN-LIEU FEES BY SUBDIVIDERS FOR PARK AND RECREATION FACILITIES PUBLIC HEARINGS 10. Resolution authorizing an agreement between the Alden Company, Robert ~a~ Mantegani, Standard Building Company, and the City of South San Francisco relating to the transfer of property located near the northwest corner of Grand and Chestnut Avenues. A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE ALDEN COMPANY, STANDARD BUILDING COMPANY, ROBERT MANTEGANI, AND THE CITY OF SOUTH SAN FRANCISCO RELATING TO THE TRANSFER OF PROPERTY LEGISLATIVE BUSINESS M/S Haffey/Teglia - To adopt the Ordinance on Dwelling Units. ORDINANCE NO. 1042-88 Carried by unanimous voice vote. M/S Haffey/Teglia - To adopt the Ordinance on In-Lieu Fees. ORDINANCE NO. 1043-88 Carried by unanimous voice vote. PUBLIC HEARINGS Director of Planning Smith stated that the agreement necessitated redesign of the project which involved 2,400 sq. ft. of land that would be given by Standard Building to Alden Co. at the very south west end of the Standard Project and the resolution authorizes this agreement bet- ween the four parties. M/S Haffey/Addiego - To adopt the Resolution. RESOLUTION NO. 131-88 Councilman Addiego questioned if the transfer of the 2,400 sq. ft. to accomplish the roadway would impact the total amount of units to be put on the property. Planning Director Smith stated no, that in effect it gave them a little more land. Vice Mayor Teglia stated that planning should take particular notice of parking because this was a nice development and a lack of parking could blight the 10/26/88 Page 8 PUBLIC HEARINGS 10. Resolution - Continued. 12. Public Hearing - To consider PUD-88-13, SA-88-100 and Negative ~ Declaration No. 635, Planned Unit Development Permit and Subdivision Map to create a 19 unit single family project on the west side of Chestnut Avenue, 450' north of Grand Avenue (Standard Building Company, Applicant - Mantegani Family, Owners). 1) Conduct the Public Hearing; 2) Motion to approve Negative Declaration No. 635; 3) Motion to approve PUD-88-13 subject to the findings and conditions in the staff report; 4) Motion to approve SA-88-100 subject to the findings and conditions in the staff report. Public Hearing - To consider PUD-88-14, SA-88-101 and Negative Declaration No. 636, Planned Unit Development Permit and Subdivision Map to create a 35 unit single family project at Grand and PUBLIC HEARINGS development. Director of Planning stated that there were 5.6 spaces available per dwelling which includes the covered apron and the and on-street parking and was true of both Projects. Councilman Addiego questioned how the City could become involved in the Project having a street named Lucca. Director of Planning Smith stated that staff would make that proposal to the Developer for one of the streets. City Manager Armas stated that the reso- lution would be amended to read that the agreement was on file in the Office of the City Clerk. Carried by unanimous voice vote. Director of Planning Smith stated that the Public Hearings should be opened on Item 11 and 12 and be considered together. She stated that the Alden Co. had asked that its Public Hearing be con- tinued in that Mr. Jones, their Representative, could not be here tonight. Mayor Drago opened both Public Hearings. Director of Planning Smith stated that the proposal for Standard was to construct 19 detached single-family dwellings on lots having at least 4,000 sq. ft. of site area; net density would be 7.27 units per acre or one unit for a little less than 6,000 sq. ft. She stated that the street connects with the Alden Subdivision to the south of it and ends in a cul-de-sac at the east end; traffic analysis pointed out that the entry onto Chestnut was less desirable than having it connected with the Alden Project and connecting off Grand Avenue. 10/26/88 Page 9 AGENDA ACTION TAKEN PUBLIC HEARINGS 12. Public Hearing - Continued. Chestnut Avenue (Alden Company, Applicant - City of South San Francisco, Owner. 1) Conduct the Public Hearing; 2) Motion to approve Negative Declaration No. 636, 3) Motion to approve PUD-88-14 subject to the findings and conditions in the staff report; 4) Motion to approve SA-88-101 subject to the findings and conditions in the staff report. PUBLIC HEARINGS She stated that the Developer requested that the Planning Commission modify the City Engineer's condition requiring the 10' widening of Chestnut for property at the south of the Subdivision, and do to insufficient information, to refer it to Council discussion. She stated that the staff recommendation was that the con- dition remain. She stated that the Planning Commission had felt that the prevailing wage con- dition was not a land use issue, and had removed the requirement. She stated that it was the recommendation of the Planning Commission and staff that this be approved. She stated that the Alden Project was to construct 35 detached single-family dwellings on lots having a minimum size of 4,000 sq. ft., and would have the looped streets. She stated that the items would be addressed at the continued Public Hearing. No one chose to speak for or against the two Public Hearings. Mayor Drago closed the Public Hearing on Standard Building Company, and continued the Public Hearing on the Alden Co. to the meeting of 11/9/88. M/S Teglia/Addiego - To approve Negative Declaration No. 635. Carried by unanimous voice vote. M/S Teglia/Addiego - To approve PUD-88-13 subject to the findings and conditions in the staff report. Carried by unanimous voice vote. M/S Teglia/Addiego - To approve SA-88-100 subject to the findings and conditions in the staff report. Carried by unanimous voice vote. 10/26/88 Page 10 AGENDA ACTION TAKEN PUBLIC HEARINGS 13. Public Hearing - To consider the ~a appeal of the Planning Commission decision of 8/25/88 on ZA-88-43 to deny a zoning amendment to Section 20.06.050(P) (4) of the Municipal Code to add "Display" of vehicles to the definition of commercial parking, appeal as made by David Gonzales, South City Ford, 315 Airport Blvd. 1) Conduct the Public Hearing; 2) Motion to deny the appeal and uphold the decision of the Planning Commi ssi on. PUBLIC HEARINGS Mayor Drago opened the Public Hearing. Director of Planning Smith related the following: in Feb. 1988, Mr. Gonzales had expanded his auto business onto the site without authorization and in viola- tion of the City's Zoning Ordinance; the violation was pointed out, and he was told he should pursue a rezoning from the D-C to P-C Zone and pursue a use permit. She presented the various alternatives for Council action, and the landscaping plan required. Councilman Addiego questioned: that in the vehicle display new language, there was no provision to differentiate between new or used operational vehicles; and that it could apply to any commercial parking in the City. Director of Planning Smith stated that was correct. Vice Mayor Teglia remembered that this particular applicant had a lot across the street, that was a display lot, and the City did require landscaping there which had turned out well - so the Planning Commission in a P-C Zone was looking at that type of perimeter amenity. Mayor Drago questioned if the City had the control to request that the gas sta- tion building be removed from the site. Director of Planning Smith stated that it could be a condition on the use permit, however, the applicant had requested that the building be allowed to remain for detailing of cars. Mayor Drago invited those wishing to speak on the item to step to the dais. Mr. Lou Del l'Angela stated that he was pleased that staff had presented alter- natives, and was in favor of Alternative 10/26/88 Page 11 AGENDA ACTION TAKEN PUBLIC HEARINGS 13. Public Hearing - Continued. (Cassette No. 3) PUBLIC HEARINGS 3 that gave the City control and allowed his client to move forward on the use permit process. He spoke of the memo of 7/20/88, and was in agreement with the Assistant City Attorney that the items discussed in the memo had been resolved. He explained in detail what Alternative 3 did, and said that the wording was very positive. He stated that the pre- sent D-C Zone allowed commercial parking lots, and that it was consistent from an amendment standpoint. He refuted the findings in the staff report as not being valid, and urged the Council to accept Alternative 3, uphold the appeal and continue the item to the next meeting for the City Attorney to draft an ordinance consolidating the new language. Discussion followed: that the lot with the landscaping was zoned D-C; that staff's recommendation was the same as the alternatives presented; that only Alternatives i and 2 had been presented to the Planning Commission; that #3 had been presented but in a different format; that the memo addressed the proposal made by the applicant, and the suggested language, Alternative 3, solved the problem of the display being allowed in all commercial parking lots because of having to be with and adjacent to existing sales; that the City Attorney's Office supported staff's recommendation to deny the appeal rather than the Appli- cant's Alternative 3; that the amendment gave flexibility to So. City Ford loca- tions, etc. Mr. David Gonzales stated that back in February Mrs. Smith had contacted him on the process of a use permit, and he had followed her orders; she changed her mind and it had been a nightmare for seven 10/26/88 Page 12 AGENDA ACTION TAKEN PUBLIC HEARINGS 13. Public Hearing - Continued. PUBLIC HEARINGS months. He stated that his was the only dealership without a display lot, and the opportunity had come to purchase a gas stated that was dirty, crummy and dangerous. He had bought it, improved it and now he did have a display lot. He stated that he felt that staff was trying to put him out of business. He urged Council to approve the amendment, so he could refile for a use permit and go for- ward and do business. Mayor Dra§o closed the Public Hearing. He questioned why the Director of Planning had changed her mind. Director of Planning Smith related the following: staff had asked the Code Enforcement Officer to investigate, and she had notified Mr. Gonzales that this was an illegal use; Mr. Gonzales called and she had said maybe they could do this as commercial - like valet parking, and had sincerely tried to work with him contrary to what he said about staff trying to put him out of business; after talking to the City Attorney she realized she could not do it that way, and returned the application to Mr. Gonzales and recommended at that time that he could accomplish the same thing if he would apply for rezoning; then staff could entertain his use permit application. Councilman Addiego noted that all of the discussion had been on what was the best mechanism to accommodate the use. Councilman Haffey would encourage this type of use, but the mechanism used tonight was not the right one, and only the parcel should be dealt with. M/S Haffey/Addiego - To deny the appeal and uphold the decision of 10/26/88 Page 13 AGENDA ACTION TAKEN --- PUBLIC HEARINGS 13. Public Hearing - Continued. ITEMS FROM COUNCIL GOOD AND WELFARE CLOSED SESSION 14. Closed Session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. PUBLIC HEARINGS the Planning Commission not to adopt ZA-88-43. Carried by unanimous roll call vote. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE Mr. James Elmore questioned if a pro- perty zoned commercial, being used for a residential single-family dwelling, and that changed to commercial and an addi- tion was being made to the building, did the individual have to apply for a use permit at 600 Baden Avenue. Director of Planning Smith stated that the building could be conforming or non- conforming, because it was possible to have a conforming residential use in a commercial area. Councilman Addiego requested a report on the matter at the next meeting. City Attorney Armento stated that staff needed specific facts before staff could respond to Mr. Elmore. Mr. Mike Harris stated that he was tired of the boomers, and wanted an ordinance passed on autos with loud music cruising the neighborhoods in the early hours of the morning. Police Chief Datzman stated that he was not familiar with recent complaints or the term boomers, however, he would investigate the matter. CLOSED SESSION Council chose not to hold a Closed Session. 10/26/88 Page 14 AGENDA ACTION TAKEN Request to adjourn the meeting to Wednesday, 11/9/88 at 6:00 p.m., at the Municipal Services Building for the purpose of a joint session with the Library Board to discuss items Of mutual concern. ADJOURNMENT: M/S Addiego/Teglia - To adjourn the meeting to 11/9/88 at 6:00 p.m., at the M.S.B., for the purpose of a joint session with the Library Board to discuss items of mutual concern. Carried by unanimous voice vote. Time of adjournment was 10:45 p.m. RESPECTFULLY SUBMITTED , ~taya~, ~ City of South San Francisco APPROVED. ack Drago, May~r ~ ity of South San Franci SCO 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. 10/26/88 Page 15