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HomeMy WebLinkAboutMinutes 1994-02-09Mayor Joseph A. Fernekes Council: Jack Drago John R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room February 9, 1994 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO FEBRUARY 9, 1994 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 9th day of February 1994, at 6:00 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: ~ I. Interviews of candidates for the Personnel Board. 2. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. Dated: February 3, 1994 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) 1. Interview of candidates for the Personnel Board. A_C I! Q__N IA_KEN 6:10 p.m. Mayor Fernekes presiding. Council Present: Council Absent: Drago, Penna, Teglia, Yee and Fernekes. None. The following Personnel Board candidates were interviewed by Council: Patricia Garzoli, Eloise Kee and Frank Pendergrast. Councilman Penna questioned if the Council was 2/9/94 Page 1 AGENDA ACTION TAKEN Interviews - Continued. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. ADJOURNMENT: satisfied with the candidates interviewed. Councilman Drago stated he was comfortable, but not happy. Councilwoman Teglia stated she was not happy with the Planning Commission applicants and wanted to readvertise and see more substance. Council chose not to hold a Closed Session. M/S Yee/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 6:45 p.m. RESPECTFULLY SUBMITTED, larbara A. Battaya, City Clerk City of South San Francisco APPROVED. Jo)s~ptph A.I Fernekes, Cit~ of South San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 2/9/94 Page 2 Mayor Joseph A. Fernekes Council: Jack Drago -iohn R. Penna Roberta Cerri Teglia Robert Yee MINUTES City Council Municipal Services Building Community Room February 9, 1994 134 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: AGENDA REVIEW ity Manager Wohlenberg Requested: Move Items 3, 6 and 7 from the Consent Calendar and hear under Administration. City Attorney O'Toole Requested: Motion to add an item to the Agenda, in that the emergency arose after the agenda was posted; and adopt a resolution declaring an emergency at//26 Conrad Court. City Manager Wohlenberg Requested: Remove Item No. 4, in that action is not required by Council. REPORT OF THE CITY MANAGER ORAL COMMUNICATIONS ACI!QN TAKEN 7:37 p.m. Mayor Fernekes presiding. Council Present: Drago, Penna, Teglia, Yee and Fernekes. Council Absent: None. The Pledge was recited. Rev. Lendi, St. Veronica's Church, gave the invo- cation. AGENDA REVIEW So ordered. MIS Teglia/Penna - To add the item to the Agenda as item No. lla., because it arose after posting of the agenda. Carried by unanimous voice vote. So ordered. REPORT OF THE CITY MANAGER City Manager Wohlenberg gave a progress report on goals and objectives. ORAL COMMUNICATIONS Mr. Tony Khorozian, 116 Aptos Way, expressed concern that the Council had placed conditions on the Smart & Final approval, as voiced by Council- man Yee, a year had gone by and there had not been any improvements made, even though they 2/9/94 Page 1 A~ENDA ORAL COMMUNICATIONS 2/9/94 Page 2 ACTION TAKEN . 135 ORAL COMMUNICATIONS were clearly stated in the minutes of the meeting. Acting Director of Economic & Community Devel- opment Solomon stated the applicant was currently in for a building permit and the City had accepted a bond for the off-site public improvements for a right hand turn lane into El Camino and for the closing of the driveway into the parking lot. He stated that Council had made the stipulation that the bond would be posted. Mr. Khorozian stated that the neighborhood had the understanding from the language that, if the business goes on and if there is a problem, they will come to the City and do the improvements - and now they are saying that they are going in as it is without improvements. Acting Director of Economic & Community Devel- opment Solomon replied, if the City determines there is a problem caused from them within a year, then we can require them to make the improvements or lose the bond. Mr. Khorozian stated that Councilman Yee had said, if they want to come in, they have to do the im- provements first. Mayor Fernekes recommended that the Acting Di- rector and Mr. Khorozian sit down and review all of the issues mentioned. Mr. Khorozian stated that Smart & Final had said they were a janitorial business and now it becomes a liquor store. He felt the Council stood against the people who voted for them, that everyone was talk- ing about this liquor use and, with five hundred school kids around this neighborhood, a liquor license should not have been issued. Councilman Pelma pointed out that it was a beer and wine license that had been issued to Smart & Final. Mr. Khorozian stated they did not need a liquor license and it is supposed to be 50 yards from a school. He stated that someone could go in and get a bottle and, if the kids get hurt, who is responsible - Councilman Penna? AGENDA ACTION TAKEN ORAL COMMUNICATIONS 2/9/94 Page 3 136 ORAL COMMUNICATIONS Discussion followed on difference in off-sale and on- sale liquor licenses. Mayor Femekes stated the Acting Director of Eco- nomic & Community Development would meet with Mr. Khorozian and come back with a staff report on the questions asked. Mr. Khorozian questioned: if this business has been going on for three months, what is the amount of sales tax coming to the City and had there been a determination within the three months of business of problems. Mayor Fernekes stated that, in that meeting, he would ask that the Finance Director be there to explain the City's portion of sales tax, but three months may not be in the realm of determination of problems. Mr. Khorozian stated that people were talking about Councilman Penna taking his seat and starting to do anything he wants. Mr. A1 Waters, 2266 Shannon Dr., asked that the Council consider two items at their next meeting regarding the Westborough Building, as he was the spokesperson for the Westborough Senior Advo- cates. He stated that they had sought block grants which had been denied because the money was going to recreation and being used for adult care. He stated that the free exercise classes, previously offered by the School District, had been discontin- ued by Mr. Bettucci and he had suggested that Rec- reation hold the classes, which Mr. Nagel said would only happen with a fee and significant atten- dance. He requested: senior care programs be held at the Westborough Building, because most seniors do not drive, in addition to the fact that the Westborough Building had been intended for seniors and youth programs. He stated that they had 21 seniors in the exercise class in 1993 at the School District, it had been cancelled without warning and wanted the Council to place the matter on the next agenda. He stated he and his seniors' group had made a A~NDA ORAL COMMUNICATIONS COMMUNITY FORUM 2/9/94 Page 4 ACI!Q_N TAKEN 137 ORAL COMMUNICATIONS community needs study for flee, that included the building for seniors and youth and a swimming pool - for which fund raising efforts were being made. Mayor Fernekes directed the City Manager to meet with Mr. Waters and report back to the Council. Councilwoman Teglia stated she saw the letter from Mr. Bettucci of the School District informing people that they were eliminating the classes and she had noted the response to Mr. Waters from Mr. Nagel. She suggested Mr. Waters go to the Board of Edu- cation for funding of the classes, because they were adult education classes, being held in a City building and paid for with State funds. Mr. Waters stated that he had called Mr. Bettucci and could not reach him, however, he did not have the time to run to each Agency and wanted his elected officials to handle the matter. Ms. Antoinette Rego, 214 Northwood Dr., thanked the Council and staff for helping the residents of Brentwood and Avalon in the cause to stop the further institutionalization of Country Club Park. She thanked Councilwoman Teglia for giving them advice, Councilman Drago for joining them in a walk on Monday and the Mayor for supporting them through his presentation at the County Planning Commission meeting. Ms. Carla Murphy, 210 Northwood Dr., thanked Councilwoman Teglia for many years of help and for giving her the strength to fight for what she believed in. She stated that it resulted in her getting a petition to not build any more institutions in Coun- try Club Park. She stated that, during the Monday walk, she had tried to talk to Commissioner Bergeron on what was going to happen on North- wood, it was futile and his last words were, find a good lawyer. She stated that, instead, she found a good Mayor and Council. COMMUNITY FORUM Councilwoman Teglia wished City Attorney O'Toole a happy birthday. A~ENDA ACTIQN TAKEN CONSENT CALENDAR Motion to approve Minutes of the Adjourned Regular Meeting of 1/19/94, Special Meeting of 1/26/94 and Regular Meeting of 1/26/94. 2. Motion to confirm expense claims of 2/9/94. 3. Resolution to amend condemnation proceedings on the Shearwater (EPOCH) parcel. A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYS- TER POINT INTERCHANGE (EPOCH -aka- SHEARWATER) PROJECT Resolution declaring the continuing policy to exclude non-public safety volunteer personnel from workers compensation insurance coverage. A RESOLUTION EXCLUDING NON-PUBLIC SAFETY VOLUNTEER PERSONNEL FROM WORKERS' COMPENSATION INSURANCE COV- ERAGE Resolution declaring Detroit Armor a sole source vendor, waiving competitive bidding requirements, appropriating $20,956.000 from the Narcotic Seizure and authorizes an agreement with Detroit Armor to retrofit the police firing range. A RESOLUTION WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING THE NEGOTIATION AND EXECUTION OF A CONTRACT TO RETROFIT THE POLICE DE- PARTMENT FIRING RANGE Resolution of award of contract for maintenance of Common Greens of West Park 1, 2 & 3, Stonegate Ridge and Willow Gardens Common Greens to Land- scape West-North, Inc. in the amount of $178,608.00 as the lowest responsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE WEST PARK 1, 2 & 3, STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS · Resolution of award of contract for specific street and CONSENT CALENDAR Approved. 138 Approved in the amount of $1,433,580.35. Removed by the City Manager for discussion under Administrative Business. Removed from the Consent Calendar under Agenda Review and deleted from the Agenda· Removed from the Consent Calendar for discussion by Councilman Penna. Removed from the Consent Calendar under Agenda Review for discussion under Administrative Busi- ness. Removed from the Consent Calendar under Agenda 2/9/94 Page 5 AGENDA ACI!QN TAKEN CONSENT CALENDAR Resolution - Continued. Parkway landscape areas to Landscape West-North, Inc. in the mount of $81,000.00 as the lowest re- sponsible bidder. A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LAND- SCAPE AREAS Resolution accepting and approving agreement with the Operating Engineers for the period of 1/1/94 through 12/31/94. ~,- O o A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNA- TIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 39, AFL-CIO, UNIT D, FOR THE PERIOD JANUARY 1, 1994 THROUGH DECEM- BER 31, 1994 Resolution accepting and approving agreement with Police Assn. Unit C for the period of 1/1/94 through 12/31/94. p-o~ O A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO POLICE ASSOCIATION, UNIT C FOR THE PERIOD OF JANUARY 1, 1994 THROUGH DECEMBER 31, 1994 Resolution declaring Detroit Armor a sole source vendor, waiving competitive bidding requirements, appropriating $20,956.000 from the Narcotic Seizure and authorizes an agreement with Detroit Armor to retrofit the police firing range. 3- / ~-~ A RESOLUTION WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING CONSENT CALENDAR Review for discussion under Administrative Busi- ness. RESOLUTION NO. 11-94 RESOLUTION NO. 12-94 MIS Teglia/Drago - To approve the Consent Calen- dar with the exception of Items No. 3, 4, 5, 6 and 7. Carried by unanimous voice vote. Councilman Penna stated that he had not known that the City was getting seizure funds and questioned if the funds could be used for anything else. Police Chief Raffaelli stated the Department had made drug arrests and were getting the use of a portion of the funds, which allocation had been 75% and had dropped to 55 %, for use in narcotics en- forcement. 2/9/94 Page 6 AQENDA AC!!Q~ TAKEN 140 CONSENT CALENDAR J. Resolution- Continued. THE NEGOTIATION AND EXECUTION OF A CONTRACT TO RETROFIT THE POLICE DE- PARTMENT FIRING RANGE CONSENT CALENDAR M/S Penna/Teglia - To adopt the Resolution. RESOLUTION NO. 13-94 Carried by unanimous voice vote. PUBLIC HEARINGS 10. Public Hearing - GP-9349, ZA-93-85 and Negative Declaration No. 756 to amend the Municipal Code to allow automotive and equipment cleaning (car wash- es) in the P-C Zone District subject to approval of a Use Permit and Sections of the Municipal Code, Applicants: David R. Galli, Richard E. Brocker and Robert Waldvogel; conduct Public Hearing; Motion to approve Negative Declaration No. 756, adopt resolution approving General Plan Amendment GP- 9349, Motion to introduce an ordinance approving ZA-93-85. .5'O'g q A RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. GP-9349 - CAR WASHES AN ORDINANCE ADDING SECTION 20.24.030(C) TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO CAR WASH- ES IN THE PLANNED COMMERCIAL ZONE DISTRICT AND ADDING SECTIONS 20.74.060 AND 20.74.070 (j) RESPECTIVELY TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF SPE- CIAL REQUIREMENTS AND PARKING REGU- LATIONS Carried by unanimous voice vote. PUBLIC HEARINGS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Fernekes opened the Public Hearing. Acting Director of Economic & Community Devel- opment Solomon gave the staff report. Mr. David Galli stated he was pleased with the staff report and urged the Council to support the General Plan Amendment. Mayor Fernekes closed the Public Hearing. Councilman Yee stated the Council had spent hun- dreds of dollars to improve City entrances and would not support this use on Airport Boulevard, however, he did not have a problem with the use being on So. Spruce. Acting Director of Economic & Community Devd- opment Solomon stated that Airport Boulevard could be deleted. Councilman Drago stated the same concerns about Airport Boulevard, but he did not have problems with the use being on So. Spruce. Discussion followed: staff was not entertaining any more car washes and the Council could act on So. Spruce and send it back to the Planning Commis- sion; existing car wash zones and those that are non- conforming; the use can be a part of an existing gas station, but not on a stand alone - where the car wash is the only use on the lot; Councilman Penna wanted non-conforming uses to be able to make improvements; the non-conforming use on El Camino, if destroyed, cannot be rebuilt; if a gas 2/9/94 Page 7 ~ENDA PUBLIC HEARINGS 0. Public Hearing - Continued. 11. Public Hearing - Appeal of the Planning Commission decision requiring compliance with all current land- scaping, parking, building, building security, fire, and lighting conditions in order to establish a Salva- tion Army Thrift Store in the existing shopping center at 1170 Mission Road in the C-1 Retail Commercial District (Applicant: the Salvation Army, Appellant: John Uccelli, Owner; Conduct Public Hearing, Mo- tion to uphold the Commission decision that the appli- cant shall comply with all current code requirements. ACIIQ_N TAKEN 141 PUBLIC HEARINGS station is the primary use of the property, owner can lease out he appendage for a car wash; Councilman Penna believed this should be sent back to Planning Commission so existing operators can come in and make modifications to non-conforming uses; Coun- cilman Yee stated the Council was only looking at P-C Zones tonight that do not allow ear washes and must say yes or no tonight; modifications had noth- ing to do with the agenda item tonight; Mr. Galli had initially come in for the So. Spruce location and staff had expanded the area; why did the Commis- sion come up with an expanded area; etc. M/S Teglia/Drago - To approve Negative Declara- tion No. 756 and delete reference to Airport Boule- yard. Carried by majority roll call vote, Councilman Penna voted no. M/S Teglia/Drago - To adopt the Resolution and delete Airport and north of Grand Avenue. RESOLUTION NO. 14-94 Carried by unanimous voice vote. M/S Teglia/Drago - To waive reading and introduce the ordinance. Carried by unanimous roll call vote. Acting Director of Economic & Community Devel- opment Solomon related the staff report: even though the property provides the number of parking spaces, those spaces along Mission are within the setbacks and are not considered legal; originally there was a surplus of parking spaces and the appli- cant could meet the landscaping, but that is not the case now; the Applicant wants to provide 2% of the landscaping rather than the 10% required; he distrib- uted a site plan and described the landscaping that took away parking spaces; wheel stops required and hours of operation; joint easement across two properties; asked the Council to uphold the Commis- sion decision based on the timings and conditions that may be amended this evening. Mayor Fernekes stated that letters had been submit- 2/9/94 Page 8 AGENDA PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 9 ACTION TAKEN 142 PUBLIC HEARINGS ted this evening and asked staff to zerox them for the full Council. Councilman Drago stated that the Council was only dealing tonight with the appeal by the Applicant on the set of conditions and it has nothing to do with the use permit. City Attorney O'Toole stated that the appeal before the Council was on the conditions of the use permit, the Council would take evidence and decide on the conditions, however, the Council could consider the entire use. He stated, if the Council was going to reopen the use permit, it should be renoticed and any evidence would be limited to the appeal tonight. Mayor Fernekes questioned if, in fact, people get up and speak and they are not speaking to the parking issue but to the use, are we going to cut them off or can we hear that. City Attorney O'Toole stated the Council could hear it all and this Body could expand or recall the use permit and deal with it at any time. Mayor Fernekes stated that it might have been more appropriate had the use permit been appealed, be- cause it seems we are putting the cart before the horse and it is making it difficult for the concerned citizens to know what is going on. Discussion followed: the Council was only dealing with the conditions, yet it received letters against the use which opened up a whole new ballgame; that Commission meeting minutes only showed two people speaking against the use and one was a resi- dent; now tonight the City Clerk was handed letters against the use; the Council may want to send the item back to the Planning Commission because of the letters; the public hearing notice had been posted and published for tonight's meeting and there was unanimous agreement amongst the Council to hear all testimony. Mrs. Mara S. Kopp, 68 Country Club Dr., S.F., asked for support on behalf of the Salvation Army Thrift Shop, in that they had been looking for two years for a location then working with the owner for five months. She stated that this was not a rehab A~ENDA PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 10 ACTION TAKEN 143 PUBLIC HEARINGS shop, but a business of a thrift sotre - with a goal to raise money that benefits citizens throughout the bay She related: that the staff to be hired would be from this community; it was a large space and, if it was left empty there would be problems; she had been a social worker for twenty years and could only speak highly of the Salvation Army work, which is always provided in a sensitive manner in the community, and she urged the Council to help them become a tenant. Mr. Leu Dell'Angela, Environmental Planner and Consultant, stated that the Council had a couple of options for landscaping and his client was asking the Council to approve his appeal - which is approval of the landscaping plan, as well as the sections of the conditions that are outlined in Exhibit A. He proceeded to give background information: this was a 35 year old shopping center that had a gro- cery store; it had come to the Commission and 1994 restrictions had been placed on the use; they had filed the appeal and outlined an approach to balance parking on the site, with some landscaping along the perimeter, and had come up with a plan they feel is reasonable and responsible; had discussed their concerns with staff to reach a common ground; staff report says we have disputes with most departments - that is not true; the Owner met with Police, Build- ing and Engineering and there were no concerns with those departments nor Fire; there was a con- cern about wheel stops and whether or not a particu- lar permit would be tied to an occupancy permit and, once we knew the concerns were minor, we felt we could satisfy them; staff felt there were serious concerns with the landscaping, wheel stops and Salvation Army use; the Owner felt he was just trading one use for another and it was not reason- able to make him go back and treat this as a new project for the use; they had tried to meet staff half way with an upgrading of the site to provide an attractive appearance on Mission and Holly without getting into the triangles that some parking lots have; his client asks that the Council approve the concept of the plan which retains all but six parking spaces - which is still within the Code; concern that the Council should look at the concept plan and AGENDA PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 11 ACTION TAKEN PUBLIC HEARINGS go back to staff and work out the details; photos provided show the rear of the building and one of the proposals was for a six foot strip along the back of the building, which was a waste of money for his client and does not produce value; there was an active restaurant on the site, the Garden Club, so it was very important to get on with this and achieve a compromise. He stated the second issue was the wheel stops, because there was a sidewalk at the Salvation Army building that protects pedestrians. He stated that in a survey he had done on wheel stops they were on two City parking lots, Brentwood, Liberty Bank, Kaiser Hospital, Hungry Hunter, Ramada Inn and a new use, which is auto parts. He stated that there were many shopping areas that operate quite well without wheel stops and he felt they were not appropriate unless they were to protect landscapes. He stated that the other issue is the time limit. Interestingly enough, at the Planning Commission there was not a staff recommendation for time limits and he proposed that the store be open from 9:00 a.m. to 8:00 p.m. He had argued, that after a year, the Body could review the times of operation, if it is opposed. He was concerned that the improvements to the site were tied to the certificate of occupancy rather than to the building permits and the screening of roof equipment. He stated that you cannot see the roof equipment and he did not feel that should be in there. He stated that the other concern talked about was the mutual access easements and he had sug- gested wordage that resolves that. He stated that his client would like Council modifi- cation on Exhibit A and to say clearly that, given the situation, the owner has done a job that is ac- ceptable. He stated that there are a lot of buildings that are empty and this issue will come back to the Council again for occupancy, even though the build- ing was legal in the 1970's and 1980's, because these same current standards will be applied. He stated that the owner had tried to get a retail grocery store, which he could not get because of the difficult economic times. He stated that the Salva- AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 12 145 PUBLIC HEARINGS tion Army Thrift Store was a good use that would generate activity, even though it was not a grocery store, and the City should have reasonable standards and not chase people away. He urged the Council to approve the changes, allow the Salvation Army to move forward with the im- provements to the building and allow Mr. Uceelli to plant the trees, make the improvements and move ahead. He took the opportunity to thank the City Manager and his Assistant for their attempts to move this forward. Mr. Barry Lucas, Salvation Army, related: that their motto was that people can shop with dignity at their thrift stores; they upgrade their stores; the services they provide during disasters, such as the recent earthquake in Southern California; they em- ploy people from the community; rehab work is not done in the thrift store; they were anxious to work with the owner and get the store going. Mr. Charles Bona, 1131 Mission Road, stated he was speaking against the use, on behalf of the own- ers of the professional buildings adjacent to the shopping center. He stated they supported the Plan- ning Commission to require compliance with the landscaping and the security in order to establish the thrift store and asked the Council to oppose any changes. Mr. Colin Post, 1156 Sunnyside Dr., stated he did not feel this use was a good idea, it would cause more crime because of the people with no income who try to rip the people off who will frequent the store and that they already had a crime problem with the apartments in the area. He stated that there were 131 parking spaces and questioned if anyone had thought about the parking spaces needed by the nine or ten businesses in the center. He was also concerned that the parking for the thrift store would not allow the neighbors to get into their driveways. He also questioned who in the community would take a $4.00 an hour job to work for the thrift store and the dubious sales tax the City would collect for the use as a non-profit business. Mayor Fernekes included letters of protest from the A~ENDA PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 13 AC_TIQN TAKEN 146 PUBLIC HEARINGS following people into the record: Otto Fusuno, Mr. and Mrs. R. Brito, Luisa Stevenson, Lupe Ibarra, Roy and Linda Pro, Jolene Malfatti, Charlotte Grima. Mr. Dell'Angela stated Council had the option to refer this back to the Planning Commission and the Design Review Board - which he believed to be counter productive, would delay the process a month and a half unnecessarily and he hoped the Council would make a decision. Mr. Post stated that people in Sunshine Gardens want this to be deferred to another meeting because there are thousands who want to voice their opin- ions. Mr. John Uceelli stated this had been a rough pro- cess for him, because he had always wanted to maintain ideally a market, but when Mr. Lucas ap- proached him with the thrift store they had gone through the whole concept and it was good. He had decided that this was going to be a first class store and he planned to upgrade the needs of the building completely. He had applied for a use permit, which he didn't really understand, and only had a problem with the Planning Department's require- ments, which they had worked out - except for the landscaping, wheel stops and some changes in word- age. He stated there was only so much they could do without butchering up the parking lot and that they have an adequate parking lot. He stated that he asked them to look at cost effec- tiveness and they said no, this is what we want. He stated that they wanted to start the first of January, yet they wait and wait. It was not that they were not cooperating, they have a building that had been an asset to the community for forty years and would be for another forty years. Councilwoman Teglia stated that the ordinance had been passed because of the proliferation of junk shops on Grand Avenue. Mr. Lucas stated that their thrift shops were up-scale and any dothes for sale had been previously cleaned and pressed without any rehab going on at the store. He stated that they do not allow any handpainted AGENDA ACTION TAKEN PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 14 PUBLIC HEARINGS signs in the windows, only those professionally made. He stated that they followed standards on what was displayed. Mr. Louis T. Bartel, Jr. stated his only concern was that the store be kept neat and to place limitations or a one year probation on the use. He stated that he would rather see a business in there than see the building empty. Discussion followed: Salvation Army planned to spend $75,000 in improvements; there were thrift stores in Dublin and San Rafael that the Council could visit; that the easements involved two parcels; cross easements for parking and that the two prop- erties are in trust and the owner will record recipro- cal agreements. Mayor Fernekes closed the Public Hearing. Councilwoman Teglia stated that the comments and protest letters tonight associated the use with low income and crime, however, there are a lot of mod- erate income people who like to shop for bargains and shop at thrift stores. She stated the Goodwill store in Brentwood operates a nice store and does a remarkable job. She related that there had been a Cancer Society Discovery Store on Grand Avenue, but it could not make a go of the shop. As far as the displays and appearance of the store, she would challenge anyone who said it was deleterious to the neighborhood. She stated that she had always been a neighborhood activist in protecting residential neighborhoods and, because of that, had problems hearing some of the things this evening. She stated that all shopping centers were changing, this one was built in the 1950's and significant efforts had been made in the last five years to establish and maintain a profitable grocery store - and it ain't happening. She recalled the Winston Manor shopping center badly needing attention, was in disrepair and be- coming a blight as an entrance to this City. She stated that the City had used its leverage to require major updates to that center, which they could do because there were businesses waiting to come in. A~NDA PUBLIC HEARINGS 1. Public Hearing - Continued. 2/9/94 Page 15 ACTION TAKEN 148 PUBLIC HEARINGS She stated that, as a result, she believed the follow- ing: the shop will not generate all that traffic; 2% landscaping is not enough and it should be 3 %, but not with trees but shrubs; if they lost some of the parking, it would not be a big deal; did not see a conflict with hours of operation, because if it was a super market, it would be open seven days a week and felt they should go over each condition. Councilman Drago stated he had walked the area on Monday and felt the owner had legitimate concerns on the wheel stops, which will continue to collect trash and people trip over them. He felt the Council should not deal with new buildings like we do with existing buildings and 10% landscaping was impos- sible to get in an area like this, other than covering the entrances and along the sidewalk. Councilman Penna agreed, stated that the use of the property was an upscale shop and would have less use than a grocery store, and the use could always be brought up again if there was a problem. Councilman Yee stated it was clear the alternative is not any better. Council is not going to accept this proposal - because the alternative is an empty build- hag which the City could not afford to have more of and the City had to work with the property owner to get the best we can out of this. He proceeded to go through the modifications on Exhibit A, attached to Mr. Dell'Angelo's letter of 2/3/94, seeking consensus on the various conditions: agreement on the proposed A.1; speak to A.4.c later with the landscaping; agreement on proposed A.4d. through A.7, with the exception of A.6 (land- scaping); agreement on proposed A8 and, if there is a problem, it can be reviewed in six months; agree- ment on proposed C.2c. Consensus of Council - To have a Council Subcom- mittee meet with the owner and staff to design a landscaping plan. Mayor Fernekes appointed himself and Council- woman Teglia to the Subcommittee to meet with staff and the property owner to design a landscaping plan, in that all of the conditions had been outlined. AGENDA PUBLIC HEARINGS 1. Public Hearing - Continued. .~. Resolution to amend condenmation proceedings on the Shearwater (EPOCH) parcel. .~4'/.6" ~, 2/9/94 Page 16 AC!IQN TAKEN .. 149 PUBLIC HEARINGS Councilman Penna stated the motion should be to uphold the appeal of the Planning Commission decision with the changes as outlined by Council. City Attorney O'Toole stated the only thing he was unclear on was that he believed what the Council was saying was that they wanted to approve this subject to a landscaping plan being submitted and approved by the Subcommittee that has been ap- pointed by the Mayor. Acting Director of Economic & Community Devel- opment Solomon asked that the Council reflect in their motion that they are granting exceptions by allowing parking in the front yard setback, removing the wheel stops, eliminating the 6' required land- scaping strips and the 10% standard. MIS Teglia/Drago - To make the Motion as the City Attorney outlined and with the clarifications just entered into the record by Mr. Solomon. Mr. Uccelli stated he understood the action taken, but questioned: could they get started even if the Subcommittee meeting was delayed for a week or two and, prior to the issuance of a building permit in C.3.e, to substitute "occupancy permit" for build- ing permit. Councilman Yee stated he did not see any delay in submitting their lighting plan with the building permit, because there was work inside that could be done without the building permits. Mr. Uccelli asked if a plumbing or electrical permit would be delayed because of this. Councilman Penna stated Mr. Uccelli would not be able to get one until everything was submitted. Councilman Yee stated there was a certain discretion under which Mr. Uccelli could get started without a building permit, but he thought he would need to see staff and the City Manager. Carried by unanimous roll call vote. Director of Public Works Parini stated that the offered payment for the total acquisition will not AGENDA ACI!QN TAKEN .. 150 Resolution - Continued. A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYS- TER POINT INTERCHANGE (EPOCH -aka- SHEARWATER) PROJECT Resolution of award of contract for maintenance of Common Greens of West Park 1, 2 & 3, Stonegate Ridge and Willow Gardens Common Greens to Land- scape West-North, Inc. in the amount of $178,608.00 as the lowest responsible bidder. · .oc'~ z-q- A RESOLUTION OF AWARD OF CONTRACT FOR THE WEST PARK 1, 2 & 3, STONEGATE RIDGE AND WILLOW GARDENS COMMON GREENS Resolution of award of contract for specific street and parkway landscape areas to Landscape West-North, Inc. in the amount of $81,000.00 as the lowest re- sponsible bidder. ~'0 ~' A RESOLUTION OF AWARD OF CONTRACT FOR THE STREET AND PARKWAY LAND- SCAPE AREAS change as a result of this minor modification and $250 has been offered for the total acquisition. MIS Teglia/Penna - To adopt the Resolution. RESOLUTION NO. 15-94 Carried by unanimous voice vote. Director of Recreation & Community Services Nagel stated that he had received a written protest that the firm had not been in business for at least two years and there was a question on the validity of the li- cense. Mr. Tom Moore, Environmental Care, stated his firm presently managed the two sites and refuted the legality of the subcontractors license, as well as the firm not having been in business for two years. City Attorney O'Toole stated he did not know enough about contract law to respond, however, the Council was not dealing with that tonight. He stated that the two year clause was to get an experienced contractor. Councilman Yee stated Council options: go with staff's recommendation; go with second low bidder; reject all bids and rebid. Councilwoman Teglia stated it looked like they were playing around with the specifications, and the City had people up there that the residents were not happy with. Discussion followed: City Attorney determined there was not evidence to declare this firm the low bidder; during recessions business is hard and there are often protests; rules should be set and followed; Council is uncomfortable because the issue is clouded; problem with qualifications that have to be interpreted by attorneys etc. M/S Teglia/Drago - To reject all bids on Item No. 6. Carried by majority voice vote, Councilman Penna voted no. MIS Teglia/Drago - To reject all bids on Item No. 7. 2/9/94 Page 17 AGENDA ACT!Q_N TAKEN Resolution - Continued. la A RESOLUTION DECLARING AN EMERGENCY, DISPENSING WITH COMPETITIVE BIDDING, AUTHORIZING THE PUBLIC WORKS DIREC- TOR TO EXPEND $70,000 TO CORRECT THE SEWER PROBLEM AT g26 CONRAD COURT ADMINISTRATIVE BUSINESS 12. 13. Resolution approving 1993-94 budget amendments. ff l Z ,O A RESOLUTION APPROVING BUDGET AMENDMENT 94-2 FOR THE 1993-1994 OPER- ATING BUDGET A RESOLUTION APPROVING BUDGET AMENDMENT CIP NO. 94-1 TO THE 1993-1994 CAPITAL IMPROVEMENT BUDGET Resolutions deleting non-existing positions and in- eluding new positions in the competitive and non- competitive service, f~-~ A RESOLUTION AMENDING THE CITY OF SOUTH SAN FRANCISCO'S MANAGEMENT AND CONFIDENTIAL EMPLOYEES, AND PO- LICE ASSOCIATION COMPENSATION PLANS 151 Carried by unanimous voice vote. MIS Drago/Penna - To adopt the Resolution. RESOLUTION NO. 16-94 Carried by unanimous voice vote. ADMINISTRATIVE BUSINESS MIS Penna/Teglia - To adopt the two Resolutions. RESOLUTION NO. 1%94 RESOLUTION NO. 18-94 Discussion followed: Councilman Yee had ques- tioned, why spend the money for an enforcement vehicle and staff was supposed to come back with information; staff had checked Air Resources and was proceeding with PG&E, but the vehicle had to be bought; $75,000 for electrical vehicle and $61,000 for gasoline; why didn't the money come from the Parking District; parking enforcement was paid from the General Fund; Parking District funds were used for the purchase of property; Council- members Penna, Yee and Drago did not want money taken from the Parking District. Carried by unanimous voice vote. MIS Penna/Teglia - To adopt the Resolution. RESOLUTION NO. 19-94 Councilman Drago questioned why the Personnel Board was approving job specifications and ques- tioned where the money was coming from. Director of Personnel Gonzales stated the City does provide some benefits and would now be providing all benefits. Finance Director Margolis stated the City contribut- ed $25,000 to Project Read. Councilman Drago stated he would not support this. Carried by majority voice vote, Councilman Drago voted no. 2/9/94 Page 18 AQENDA A~!!Q~ TAKEN ADMINISTRATIVE BUSINESS Resolution amending the Management and Confiden- tial Unit, and Police Association Unit Compensation Plans by adding and deleting certain positions, p-o~ A RESOLUTION APPROVING JOB SPECIFICA- TIONS FOR POSITIONS FOR POSITIONS IN THE MANAGEMENT AND CONFIDENTIAL AND THE POLICE ASSOCIATION COMPENSATION PLANS iFEMS FROM COUNCIL 15. Appointments to the Planning Commission and Per- sonnel Board. 16. Reports of the Mayor and Members of Council, including status reports on City Council Committees and Council Liaisons. - 152 ADMINISTRATIVE BUSINESS Councilman Drago stated there were too many employees in the Mid-Management Group and now they were adding another. He stated that, until this was settled, he was voting no. Councilwoman Teglia stated it should be agendized for discussion. Councilman Drago questioned why this had not been a Closed Session item. City Attorney O'Toole stated he did not think there was a basis for it. Consensus of Council - To agendize discussion of Mid-Management positions. MIS Teglia/Yee - To adopt the Resolution. RESOLUTION NO. 20-94 Carried by majority voice vote, Councilman Drago and Mayor Fernekes voted no. ITEMS FROM COUNCIL MIS Penna/Drago - To unanimously appoint Martin Romero after a 1 Estigoy, 1 Mullin, 2 Romero, 1 Harish, then a 3 Romero written vote. Carried by unanimous voice vote. MIS Teglia/Penna - To unanimously appoint Richard Noftsger to the Personnel Board after a 4 Noftsger - 1 Ceccato written vote. Carried by unanimous voice vote. Mayor Fernekes related: he attended a drug abuse presentation by Sgt. Massoni; appearance of more signs on telephone poles for the antique show; next Wednesday would be joint meeting with the Plan- ning Commission; BART in San Bruno being back at Tanforan. Councilman Penna complained of spanish, cardboard signs being attached to buildings on Grand Ave. containing flyers. He stated that he wanted a Sub- committee of Council to meet with CDBG staff. 2/9/94 Page 19 A~ENDA ACI!QN TAKEN - 1 53 ITEMS FROM COUNCIL CLOSED SESSION 17. Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. RECALL TO ORDER: ADJOURNMENT: ITEMS FROM COUNCIL Mayor Femekes appointed himself and Councilman Penna to serve on the Subcommittee for CDBG. CLOSED SESSION Council adjoumed to a Closed Session at 11:55 p.m. to discuss property negotiations on Art Rise/Orange Park, pursuant to GC 54956.8, personnel matters on the City Attorney position, pursuant to GC 54957, and labor relations for upcoming contracts. Mayor Fernekes recalled the meeting to order at 12:40 a.m., all Council was present, no action was taken. M/S Penna/Drago - To adjoum the meeting to Wednesday, 2/16/94, 7:00 p.m., Municipal Services Building for a joint meeting with the Planning Com- mission to discuss items of mutual concern. Councilwoman Teglia stated she would be unable to attend the Wednesday meeting. Carried by unanimous voice vote. Time of adjournment was 12:41 a.m. APPROVED. Barbara A. Battaya, City City of South San Francisco RESPECTFULLY SUBMITTED, Jos 7h A. ][em_ekes, Mayor ~" Cit~hfSouth San Francisco The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica- tions, arguments and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 2/9/94 Page 20