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Linda Mar Dave & Lou's times out, Denny's in Play

Tuesday Sept 15 2015

We weren't surprised to see surveyors out at Dave & Lou's the night after the appeal of the 7-Eleven at 700 Hickey Blvd was denied.

What we were suprised by is what direction they were pointing their transits.

After a little digging, we discovered the purchase contract for Dave & Lou's 7-Eleven location may have timed out.

Is 7-Eleven moving across the street to Denny's in Linda Mar Shopping Center or is it another business entirely?
(As always, let us know if you know at helppacifica@gmail.com).


7-Eleven's Scary Letter not so Scary

Tuesday Sept 15 2015

Sometime after the City Council meeting began last night, 7-Eleven placed a letter in the back of Council Chambers for the public to view.

Despite City Attorney Michelle Kenyon's repeated admonishment that we risked a tenacious lawsuit, the letter was rather milquetoast and pleading:
"... These concerns not only comes as a complet surprise given the close working relationship the applicant had with staff, but raises issues of due process and fundamental fairness. The public hearing is closed. The applicant has been denied a meaningful opportunity to evaluate and respond, or to make timely desing changes to the City's concerns:"

Either way it worked and back open swung the public hearing and the rest is history.

The most surprising thing about the empty lawsuit threat is that Pacifica even had $100k in a rainy day account set aside for it.
We naturally just assumed they would raid Wastewater for it.
Abbott & Kinderman letter to City of Pacifica on behalf of 7-Eleven 091415

7-Eleven Wins, Nihart & Ervin Strong Supporters, O'Neill Flips

Tuesday Oct 15, 2015

By a 3-2 majority, Councilmembers Nihart, Ervin, and O'Neill denied the appeal and approved 7-Eleven's permits almost verbatim.

Semi Truck Fueling at proposed 7-Eleven at Dave & Lou's Will Cause 24 hr Headaches

Thursday Sept 3 2015

The most recent version of the building site layout for the proposed 7-Eleven at Dave & Lou's (505 Linda Mar Blvds) states: "New canopy should be raised to accomodate truck route", but semi trucks fueling 24 hours a day will only cause the neighborhood addional problems, including:

1. Reduced traffic throughput at the Linda Mar / Cabrillo Hwy intersection
2. Peak commute traffic backed up on Linda Mar Blvd due to semi trucks u-turning into the 7-Eleven.
3. Increased diesel truck noise 24 hours a day
4. Reduced air quality for Linda Mar residents.

7 Eleven Reveals Site Layout for Dave Lou's 505 Linda Mar Blvd Location

Thursday Aug 27 2015

( click here for full screen image )

With fifteen days until the City Attorney and Planning Staff return to City Council to deliver supports to deny a 7 Eleven at 700 Hickey Blvd, 7 Eleven's intended site layout for the 505 Linda Mar Blvd location at Dave & Lou's can finally be revealed.

With the existing building being razed, and the new building being built parallel to the highway with zero setback from the sidewalk, driver visibility turning onto Cabrillo Hwy will be drastically reduced, and the surrounding ocean views of 26 homes will be reduced.

Listed site features include:
No setbacks (distance between building and property line = 0.0 feet)
Site will require use permits for sale of alcohol and 24 hr sales
Location will be northwest corner of lot. This location will give greater visibility and accessibility to pedestrian traffic.
New canopy should be raised to accomodate truck route.

Departing Chamber Head Courtney Conlon Misread Crime Statistics Tables

Monday September 14 2015

UPDATE:
We have reviewed the comments presented by the organizer at yesterday's 7-Eleven breakfast and come to the inescapable conclusion that departing Chamber of Commerce head Conlon has completely misread the City-provided crime statistics.

The tell? Her twice-repeated, yet inaccurate assertion that the QuickStop on Crespi had 14 narcotics arrests in the last 42 months.

Conlon apparently misread the frequency Table 2 ("Avg Months Between Occurrences") as being the sum Table 1 ("Total Occurences").
Click here for the two complete pages of the Police Chief's Crime Data.


One of our contributors, an MBA with three graduate level statistics classes has created the combination table below that combines both graphs and makes it a little easier for people with limited statistics experience to understand.
We hope Courtney Conlon will make things right to the Crespi Quik Stop at tonight's City Council Meeting and wish her luck at her new job in Sonoma.

Buying Friends Part 3: Chamber of Commerce Support for 7-Eleven Non-Existent

Monday September 14 2015

Late last Wednesday, 117 days into the battle against 7-Eleven, departing Chamber of Commerce head Courtney Conlon blasted out a bizarre after-dinner request encouraging its members to support 7-Eleven at a Saturday breakfast at a local elementary school.

As seventeen different Chamber of Commerce members forwarded us the invite of the meeting, we ourselves RSVP'd to this public meeting at a public school, requested and were denied a chance to present a ten minute rebuttal titled "How Small Business Loses When 7-Eleven Comes to Town".

We needn't have bothered, as we were astonished to find only three attendees who were not 7-Eleven personnel or journalists in front of the gigantic spread of coffee and donuts.

Courtney Conlon herself showed up with a friend an hour late into the meeting and proceeded to make the baffling argument that 7-Eleven had so much crime because criminals gather there, "much like the public library".

We were subsequently advised by several members that Conlon did NOT receive an approval vote from the Chamber Board before sending out the invite.

NOTE:
As always, we continue to respect and support the individual business members of the Chamber of Commerce we know throughout Pacifica.

Buying Friends Part 2: 7-Eleven now "Mermaid Sponsor" of Fogfest

Friday September 11 2015

We have confirmed that 7-Eleven has recently made a $2500 donation to FogFest (September 26-27) and will be listed as a "Mermaid Sponsor" and have a booth next to "White Cap Sponsor" Recology.

Buying Friends Part 1: 7-Eleven Donates to Chamber - Now in Sunset Ridge Elementary School

Friday September 11 2015

While the optics of 7-Eleven hosting a breakfast at Sunset Ridge (the elementary school with the lowest test scores and highest minority population in the district) are truly cringe-worthy, the PSD's hands were tied as the "Tobacco Free Schools Ordinance BP3513.3" doesn't actually prevent a tobacco merchant from renting out Sunset Ridge Elementary School, only from handing out cigarettes or smoking cigarettes while they are there.

117 Days After Notification Manor 7-Eleven 30" Wide Sidewalk Still Does Not Meet Federal ADA Requirements

Friday September 11 2015

This is an April photo before 7-Eleven replaced part of their sidewalk and added a rock garden (Aug 2015).

The Federal Americans with Disabilities Act specifies a 48" wide sidewalk so disabled kids in wheelchairs attending Ocean Shore Elementary School can get by.

7-Eleven isn't "grandfathered" in to the smaller 30" sidewalk they have both abandoned use of and replaced significant portions of the sidewalk including the construction of a rock garden in August 2015 where the cars (shown above) previously parked for decades. This area and sidewalk is also typically completely covered by a fireworks trailer during months of July including 2015.

Pacifica School District Middle of Pack in SBAC Results

Thursday Sept 11 2015

UPDATE: Here is the actual unanimously-passed City Council motion from July 27, 2015

Source:
https://www.youtube.com/watch?t=10380&v=spqb45XpR5U#t=03h47m48s

PACIFICA CITY ATTORNEY MICHELLE KENYON (03h:47m:48s)

"The motion as I understand it from Council member O'Neill is that he is requesting that staff go back and review the record and the testimony tonight to provide further findings regarding Community Design Element Policy #2 and any other support in our plans or policies or regulations to support a denial of the project (and uphold the appeal of the project) and bring that back on a date certain (September 14)."
[The actual unanimous 5-0 vote itself is almost seven minutes later at 3:54:30 of the video.]

Victory! * Or the closest thing to it possible last night! July 28, 2015

Last night was a major (albeit incomplete) win for the Fairmont, Linda Mar, and Pedro Point residents who oppose 7-Eleven's penetration into Pacifica.


Thirty year Fairmont resident Betty Duran's (shown above with US Representative Jackie Speier) appeal of the 7-Eleven at 700 Hickey Blvd (at Gateway) decision was unanimously 5-0 continued until September 14, 2015 (and I'll put this in layman's terms as best as I remember) "to build supports from the Pacifica General Plan to support a DENIAL of 7-Eleven's permits"

We're not out of the woods yet, but we'll have more information later and will post the Council's specific wording as soon as it's available.

Special thanks to all the City Councilmembers who unanimously voted 5-0 in favor of Betty Duran's Appeal (to stop 7-Eleven) as well as Planning Commissioner Mike Brown who was the absolute first vote against this 7-Eleven in Pacifica.

We would also like to thank the Fairmont's Betty Duran - don't let the walker fool you, that woman is a warrior who worked night and day on this for two months- the tens of people who worked on this with us, as well as every member of the public, who spoke convincingly and unanimously against 7-Eleven!

Knife point Robbery at Linda Mar Shopping Center August 3, 2015

A 20 yo San Bruno victim was robbed of his wallet at knifepoint about 10:20pm Monday night at Linda Mar Shopping Center by a robber who left the scene East bound on Linda Mar Blvd in a green or gray older Honda Civic.
Anyone with information please contact the Police and reference Pacifica Police Case 15-2687

"Don't Let the Walker Fool You!" - Maxine Elizabeth's 33min synopsis of the Fairmont 7-Eleven Fight


Local photographer Maxine Elizabeth's grass roots mini-documentary of Betty Duran's fight against 7-Eleven cuts a four hour City Council meeting into a half hour viewing.

Thanks to Maxine Elizabeth of Maxine Elizabeth Photography.

Pacifica 7-Elevens average 13X the Crime of Fairmont Shell Station


Per Pacifica Police Department statistics, both Pacifica 7-Elevens have thirteen times the "Calls for Police Services" as the Shell Station diagonally across from the proposed 7-Eleven at 700 Hickey Blvd in the Fairmont.

If we isolate non-arrests or disturbances, the picture is very similar:

7-Eleven replaces Landscaping Demanded by Mayor Nick Gust 43 Years Ago July 15, 2015

Forty three years after Pacifica Mayor Nick Gust and Chief Building Official Phillip W. Mayo demanded 7-Eleven comply with their building permits, 7-Eleven today at 3:05pm began to replace landscaping required "for the life of the use permit", after comments on the PacificaRiptide blog called out their months old code enforcement complaints.

Smith Development and Construction Company, the listed builder on the 700 Hickey Blvd 7-Eleven was the contractor at the 700 Manor 7-Eleven location, which coincidentally has the same franchisee.

The 1972 documents:
http://www.pacifica.city/forms/inter_office_memo_06221972.pdf





Of course, less than 24 hours later on July 17, 2015 7-Eleven at Manor, was parking their own DLC Contractors on their landscaping yet again

By both Pacifica and state law that section is required to be a sidewalk for Ocean Shore kids and the public preschool kids to get to school safely.

There is no handicapped-accessible sidewalk anywhere on that corner, and the non-complying concrete section that exists is constantly parked on.

City of Pacifica Associate Planner Christian Murdock has a long history with 7-Eleven Inc


City of Pacifica Associate Planner Christian Murdock has a long history with 7-Eleven Inc, having installed several of their projects in Mission Viejo in 2012 while an Assistant Planner there.

Christian Murdock's past job working with 7-Eleven in Mission Viejo carried over to Pacifica, incorporating both the "tower element" and the one year review period he proposed for 7-Eleven into his eleventh hour arguments for the 700 Hickey Blvd 7-Eleven.

Planning Director Tina Wehrmeister stated:
"One thing I could offer for the Planning Commission's consideration and something that actually Christian suggested in the beginning is there could be a condition that you have an annual review and at one point, if there... have one or two consecutive annual reviews where they're performing fine maybe you can decide to cut those off, but at least for now, if the Commission would like that's an option to add as a condition of approval."
Source:
https://www.youtube.com/watch?v=xxk3x2ewEr4#t=57m14s

The pictures below show photos of the Mission Viejo store Mr. Murdock installed, with its "New concepts of fresh foods, fruit, and salads", which curiously are nowhere to be found.

7-Eleven Threatened to Sue The City of San Mateo for $8.6M Dec 18, 2012


"First the Planning Commission, then the City Council, will preside over the quasi-judicial hearings on the use of the property. The stakes are high for the city as well as the neighbors, who are picketing the store. If the council ultimately rules against property owner Portfolio Development Partners and 7-Eleven, they may sue the city for up to $8.6 million -- to recoup the cost of opening the store and future earings."
http://www.insidebayarea.com/crime-courts/ci_22205261/san-meteo-7-eleven-fight-hinges-strange-twist

Strong Arm Robbery Three Blocks from proposed 700 Hickey 7-Eleven June 23, 2015

[Editor's note: Hard to imagine how the addition of a 24 hour 7-Eleven would improve this neighborhood.]
PRESS RELEASE June 23, 2015
Strong-arm Robbery: Pacifica, CA
-OnJune 23, 2015 at approximately 1:48PM, officers from the Pacifica Police Department responded to the 200 block of Crestmoor Circle regarding a robbery. The victim reported she had been at a landmark in San Francisco taking photographs. As she was driving back to Pacifica she said she saw a newer black vehicle with tinted windows following her. When the victim arrived at her residence,the suspect vehicle parked nearby. The suspect, a passenger in the vehicle that had followed the victim, used an object to break the front passenger window of the victim’s parked vehicle. The suspect then reached into the vehicle and grabbed the victim’s camera,which was on the front seat. The victim struggled with the suspect, but the suspect gained possession of the camera and fled in his vehicle north on Crestmoor Circle. The victim was not injured in the altercation. The victim was able to work with a sketch artist to create a rendering of the suspect. The Pacifica Police Department asks anyone having information regarding this crime or the identity of the suspect to please call(650) 738-7314. (Refer to case #15-2177)

Daniel Steidle
Interim Chief of Police
Contact:Captain Joe Spanheimer
spanheimerj@pacificapolice.org

Daylight Knife Fight Across the Street from Proposed Dave & Lou's 7-Eleven June 24, 2015

[Editor's note: This area obviously has enough problems without a 24 hour 7-Eleven selling beer and wine.]

PRESS RELEASE June 24, 2015
Assault with a Deadly Weapon: Pacifica, CA

-On June 23, 2015 at approximately 6:00 PM, members of the Pacifica Police Department were dispatched to the parking lot of Linda Mar Beach on the report of a female attacking a male with a large knife.

Arriving officers located the victim who said a female suspect and a male suspect had been parked next to him in the parking lot. A verbal argument began between the male victim and a male suspect. The argument then turned into a physical fight.

During the fight,a female suspectjoined the altercation andbegan swinging a large hunting knife in a threatening manner. The male victim sustained minor lacerations due to the fight. Prior to police arrival,the female suspect and the male suspect fled from the scene and were last seen running onto Linda Mar Beach.

Several officers began checking the beach in an attempt to locate the suspects.Officers were able to locate the female on the beach and take her into custody without incident. The knife was also located.

The female was identified as 33 year-old Cynthia Diaz of South San Francisco. The male suspect was not located,but efforts are being made to identify him. Diazwas booked into the San Mateo County Jail on 245 PC (Assault with a Deadly Weapon) and 417 PC (Brandishing a Weapon).

The investigation is on-going at this time.

Refer to case #15-2180 Daniel Steidle Interim Chief of Police

Dave & Lou's Valero Drilling Continues June 23, 2015

A huge drilling rig appeared for the second time at the proposed 7-Eleven location at 505 Linda Mar Blvd.

The most likely explanation is that their first set of soil core samples (two separate holes in completely different locations: one inside the building, one close to the corner) were either inadequate or showed a problem at this site.

As always with 7-Eleven holding companies like Stantec or BC2 their trucks contained NO contractor licenses, phone numbers or websites identifying their trucks.

The State Motor Carrier Permit database identifies license-holder 375080 as:

BC2 Environmental, 2003-2008 ® 1150 W. Trenton Ave Orange, CA 92867, 714-744-2990.

7 Eleven Berkeley (2000 San Pablo Avenue) Application Omits Name "7 Eleven" Sept 19, 2012

To determine whether 7 Eleven Inc and/or its vendors have engaged in a historical pattern of deception or misrepresentation with regard to it's California permit applications one need only scan the Berkeley 7 Eleven application for any mention of the actual company applying, "7 -Eleven" or anything close. (Hint: It's on page 23 when a vendor inadvertently uses it in an email). Prominently on page 1 is the same Katy Schardt that applied for both the 700 Hickey Blvd and 505 Linda Mar Blvd Pacifica locations, as well as well as the now-license-revoked San Mateo location also.

700 Hickey Deed Transfer Feb 18, 2015

700 Hickey Notice of Intent to Transfer ABC License Feb 9, 2015

Census Tract 6027 has Highest Concentration of those who "Speak Language other than English"

The Pacifica Planning Department sent nine property owners notice of 7 Eleven Inc's 700 Hickey application, but not a single one of them were to homeowners, residents, or renters in the 6027 Census Tract where 7-Eleven would be building!

Of those nine letters, only three were sent to residences, but in the adjacent 6028 Census Tract. None were sent to renters.

For an April 20, 2015 Planning Commission Meeting to hear applicant Noel DeWeese, Spindrift School of Performing Arts, the Planning Department mailed notice to 108 residents.

How the Dept Alcohol & Beverage Control
Determines Areas of Undue Concentration

The California Department of Alcohol and Beverage Control put out these guidelines(right click to save them to your desktop), describing the ABC licensing process and at what point a determination of "local necessity and convenience" was required.

In the May 18, 2015 meeting, the Planning Department stated that:

but accidentally ommitted license #545821 Ernies Wine & Liquor about 50 feet away from Rite Aid and Lucky, each of which stock thousands of bottles of wine and beer.

San Mateo County has 755,581 residents and 474 off-site alcohol licenses for a
SMC ratio of one off-site license for every 1594 residents.

Pacifica itself has 38,606 residents and 25 off-site alcohol licenses for a
Pacifica ratio of one off-site license per 1544 residents.

So Pacifica in general is over licensed.

Census tract 6028, of which the 700 Hickey 7-Eleven location is on the border, has 4522 residents and 3 off-site licenses, for a ratio of
one 6028 off-site license for every 1507 residents, indicating High Density.

Adding or transferring a single off-site license on the 6028 border where the 700 Hickey 7-Eleven is proposed would drop that ratio even further to one for every 1131 residents.

Linda Mar's census tract 6032, where the Dave and Lou's 505 Linda Mar 7-Eleven would be located, has 3828 residents and 6 off-sale licenses currently, for a ratio of
one 6032 off-site license for every 638 residents, indicating High Density.

Addinga single off-site license for a 7-Eleven would make the ratio one for every 546 residents.

There is clearly a requirement for a finding of convenience and necessity for both the 700 Hickey location and the 505 Linda Mar location.

The ABC specifically states that "High Density always indicates undue concentration" of licenses requiring a finding of Necessity and Convenience.

Furthermore, the ABC specifically calls out the 3 off-site licenses (6032), 3 off-site licenses (6028) and two off-site licenses (6027) allowed in each census tractand publishes a specific guidebook of "public convenience and necessity"

Off-Sale ABC (alcohol sales) licenses in Census Tract 6032 near the proposed 7-Eleven at 505 Linda Mar Blvd (Dave and Lou's)


Missing from ABC database 6032 census tract is Rite Aid, 1400 Linda Mar Blvd , Pacifica, CA 94044 (incorrectly listed as 6033).

State of California Department Alcoholic Beverage Control limitations.

Proposal floated for City of Pacifica Wastewater Dept Purchase Dave & Lou's


The city currently has a giant 100' wide by 85' foot deep "Equalization Basin" (sewer tank) scheduled to begin construction across from the Linda Mar McDonalds where the gray Caltrans trailers are in July 2015.

This proposal suggests the Pacifica Wastewater purchasing Dave & Lou's with its $20M project budget and installing the tank on that corner.

This proposal saves the City $3.2M according to their own construction estimates, reduces structures from fourteen feet tall to three feet tall and gives 14 surrounding homes increased ocean or beach views

In comparison, a 7-Eleven at that corner would be twenty eight feet tall and reduce views at for 57 surrounding homes.

Chevron at 700 Hickey Abruptly Begins Demolition
72 hrs after 7-11 Approval Appealed.


72 hours after appeal on a Saturday afternoon, the 700 Hickey Blvd location abruptly began demolition of the property Saturday afternoon, ceasing gasoline sales, removing signage, cordoning off fuel pumps, and stripping the building.

7-Eleven Temporarily Cleans Up their 137 Manor and 100 Clarendon Stores
24 Hours after Fairmont resident's Planning Commission Appeal
and 47 Years after First Complaints!



Both Pacifica 7-Elevens charged with Alcohol Sales to Minors

Both the 100 Clarendon and 137 Manor locations have been charged with selling alcohol to minors: