HomeMy WebLinkAboutMinutes 1982-01-20Mayor Gus Nicolopulos
Vice Mayor Roberta Cerri Teglia
Council:
Ronald G. Acosta
Mark N. Addiego
Emanuele N. Damonte
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
January 20, 1982
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
20th day of January, 1982, at 7:00 p.m., in the Community Room, Municipal
Services Building, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
Labor relations/personnel matters and litigation.
City of South San Francisco
Dated January 14, 1982
AGENDA
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
CALL TO ORDER:
CLOSED SESSION:
RECALL TO ORDER:
ACTION TAKEN
SPECIAL MEETING
Recited.
7:05 p.m. Mayor Nicolopulos presiding.
Council Present: Damonte, Acosta, Teglia
Addiego and Nicolopulos.
Council absent: None.
Council adjourned to a Closed Session
at 7:06 p.m.
The meeting was recalled to order at
7:35 p.m., all Council present, no
action taken.
M/S Damonte/Acosta - That the meeting
be adjourned.
Carried by unanimous voice vote.
1/20/82
Page 1
AGENDA ACTION TAKEN
ADJOURNMENT:
RESPECTFULLY SUBMITTED,
The meeting was adjourned at 7:36 p.m.
APPROVED:
Barbara A. Battaya, City~/Clerk
City of South San Francisco
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council
to dispose of an item. Oral presentations, 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.
1/2o/82
Page 2
Mayor Gus Nicolopulos
Vice Mayor Roberta Cerri Teglia
Counci 1:
Ronald G. Acosta
Mark N. Addiego
Emanuele N. Damonte
AGENDA
PLEDGE OF ALLEGIANCE:
ROLL CALL: (Cassette l)
INVOCATION:
PRESENTATIONS:
A RESOLUTION COMMENDING PETER
CAMPILONGO
A RESOLUTION COMMENDING JAMES RICE
AGENDA REVIEW
City Manager Birkelo requested:
- Add under Items from Council -
Linden Sidewalk Relocation as
requested by the Historical
Society.
- Closed Session for the purpose
of discussion of litigation
and personnel relations.
- Add under Items from Staff -
use of unoccupied space at the
Municipal Services Building.
- Add under Items from Staff -
A Resolution designating
officers to file for disaster
relief funds.
ORAL COMMUNICATIONS
MINUTES
CITY COUNCIL
Municipal Services Building
Community Room
January 20, 1982
ACTION TAKEN
Recited.
7:36 p.m. Mayor Nicolopulos presiding.
Council present: Damonte, Acosta, Teglia,
Addiego and Nicolopulos.
Council absent: None.
The invocation was given by Mother Lynn
Bowdish, St. Elizabeth Church.
Mayor Nicolopulos read the Resolutions
into the record and commented that
Mr. Campilongo and Mr. Rice were not
in attendance.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Mr. Joseph StamatiS, 265 Avalon Drive,
said that once a year Ponderosa Creek
and Avalon Creek overflow due to heavy
rains causing water to flow from storm-
drains and manhole covers become
dislodged causing flooding and property
damage at the end of Avalon Drive.
1/20/82
Page 1
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
ORAL COMMUNICATIONS
He expressed concern that the installa-
tion of a 66" drainage pipe along an
existing easement between Alida Way
and the end of Avalon Drive at
Constitution Way would barely carry the
flow of water and would aggravate the
existing flood problems during the heavy
rain season. He said he had questioned
the Director of Public Services on the
inadequacy of the pipe and had received
no answer. He said it was inconceivable
that the City would approve this project
when the rain water after a storm was
over two feet high over the storm drain
on Avalon. He said that if the pipe is
closed off it guaranties upstream flood-
ing, and he asked the City to put a
moratorium on the closing of the pond
to ascertain the hazard to the home
owners in the area. He presented
pictures to Council showing flooded
conditions in the area.
Mayor Nicolopulos asked for further
clarification of Mr. Stamatis' request.
Mr. Stamatis said that he wanted a
moratorium on the pipe installation
and the filling of the creek until a
feasibility study is made on the
hazardous flooding conditions from
the creek because of a lack of a pond
or holding capacity.
Council directed Staff to investigate
the matter and present a report at the
next meeting.
Mr. Stamatis said that when this item
comes before the School Board he would
ask that the Board rescind the right-
of-way and to keep the property as
school property as a means of safety.
Councilman Damonte said that the
property in question was private property.
Mr. Stamatis said that the creek belongs
to the School District with a right-of-
way on the creek bed which the District
gave to the City by deed in 1970. He
asked that no further work be done on
1/20/82
Page 2
AGENDA ACTION TAKEN
ORAL COMMUNICATIONS
CONSENT CALENDAR
Minutes of the Adjourned Special
Meeting of 9/24/81 with the Board
of Supervisors, Special Meeting
of 9/20/81.
Staff Report 1/20/82 recommending
by Motion to accept the purchase
of equipment and installation of
equipment for the Public Address
System as complete.
Staff Report 1/20/82 recommending
by Motion to accept the purchase
of equipment and installation of
a Four Track/Four Channel
Cassette Tape Recording System
as complete. ~~
Staff Report 1/20/82 recommending
by Motion to deny and refer the
following claim to the City's
Insurance Adjuster and to the
Office of the City Attorney:
Claim as filed by Charles D.
Peeler which alleges damage to
his residence as a result of raw
sewage back-up.
Staff Report 1/20/82 recommending
by Motion to accept the purchase
of equipment and installation of
equipment for the Public Address
System as complete.
ORAL COMMUNICATIONS
the creek until Staff presented a report
to Council.
City Manager Birkelo said that no work
would be completed until after the
matter was resolved.
Mayor Nicolopulos said that the City
Manager would keep Mr. Stamatis apprised
of the developments.
CONSENT CALENDAR
Approved.
Removed from the Consent Calendar by
Vice Mayor Teglia for discussion.
Approved.
So ordered.
M/S Addiego/Acosta - Consent Calendar
be approved with the exception of
Item No. 2.
Carried by unanimous voice vote.
Councilman Acosta said that the equipment
did meet the specifications, however he
was concerned about the guaranty.
Vice Mayor Teglia said that due to the
number of complaints from TV viewers
1/20/82
Page 3
~'~ ~7
A G E N D A A C T I 0 N T A K E N ~;,i0
2. Staff Report 1/20/82 - Continued.
APPROVAL OF BILLS
5. Approval of the Regular Bills
of 1/20/82.
CITY MANAGER
e
Staff Report 1/20/82 recommending
approval of three Resolutions
from the 1st priority supplemental
budget studies/salary review:
a) A RESOLUTION AMENDING THE SOUTH
SAN FRANCISCO EMPLOYEE CLASSIFI-
CATION PLAN BY THE MODIFICATION
OF CERTAIN CLASS SPECIFICATIONS
AND ESTABLISHING CERTAIN OTHER
CLASSIFICATIONS ~]~::~9
b) A RESOLUTION APPROVING AND AUTH-
ORIZING SALARY ADJUSTMENTS AND
ESTABLISHING PAY RANGES FOR
SPECIFIED CLASSIFICATIONS
c) A RESOLUTION AUTHORIZING AND
APPROVING STAFFING AND CLASSI-
FICATION CHANGES IN CERTAIN
DEPARTMENTS
concerning the sound of the Council
meetings, a two week period should be
allowed before acceptance of the PA
System for the public to give input
on the quality of the new system.
M/S Teglia/Addiego - To hold the item
over until the next meeting.
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Acosta/Damonte - To approve the
Regular Bills.
Carried by unanimous voice vote.
Councilman Addiego did not participate
or vote in the matter of the claim of
Brentwood Market.
CITY MANAGER
Personnel Director Kutras stated that
the first Resolution adopts revised
or new class specifications for:
Deputy City Clerk, Assistant Electrical
Techician, Senior Electrical Technician,
Assistant City Attorney and Legal
Secretary.
Vice Mayor Teglia asked the City Clerk
if the Clerk was satisfied with the
specifications for Deputy City Clerk.
City Clerk Battaya commended the Personnel
Director on his handling of the matter
and stated that she was quite satisfied
with the document.
M/S Acosta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 10-82
Carried by unanimous voice vote.
M/S Acosta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 11-82
1/20/82
Page 4
AGENDA ACTION TAKEN
CITY MANAGER
6. Staff Report 1/20/82 - Continued.
7e
Staff Report 1/20/82 recommending
adoption of a Resolution which
amends the 1981-82 Unit No. 1
Memorandum of Understanding.
A RESOLUTION ACCEPTING AND APPROV-
ING THE AMENDMENT TO THE MOU,
UNIT #1, SOUTH SAN FRANCISCO
MANAGEMENT EMPLOYEES JULY l, 1981 -
JUNE 30, 1982
Be
Staff Report 1/20/82 recommending
adoption of a Resolution adjusting
certain part-time salaries.
A RESOLUTION ADJUSTING CERTAIN
PART-TIME SALARIES
COMMUNITY DEVELOPMENT
e
Staff Report 1/20/82 recommending
adoption of an Ordinance on Condo-
minium Conversions: 1) Motion to
waive further reading of the
Ordinance; 2) Motion to pass and
adopt the Ordinance.
CITY MANAGER
Carried by unanimous voice vote.
M/S Acosta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 12-82
Carried by unanimous voice vote.
Personnel Director Kutras said that
this was an amendment to an MOU for
Unit No. 1 that deals with the safety
employees assuming the cost by a
range reduction for the highest
single year retirement benefit.
M/S Teglia/Damonte - To adopt the
Resolution.
RESOLUTION NO. 13-82
Carried by unanimous voice vote.
Personnel Director Kutras said that
this Resolution would adjust the
salary range of the part-time
classification of Program Coordinator
in six month intervals.
Vice Mayor Teglia asked that this
position be considered as a full time
position in the next budget.
M/S Teglia/Addiego - To adopt the
Resolution.
RESOLUTION NO. 14-82
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
City Clerk Battaya read the entire title of
the Ordinance.
1/20/82
Page 5
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
10.
9. Staff Report 1/20/82 - Continued.
2nd Reading/Adoption
AN ORDINANCE REPEALING CHAPTER 15.52
OF THE SOUTH SAN FRANCISCO MUNICIPAL
CODE AND ORDINANCE NO. 869, ENTITLED
"AN ORDINANCE REGULATING THE CONVER-
SION OF CONDOMINIUMS, STOCK COOPERA-
TIVES AND COMMUNITY APARTMENT PROJ-
ECTS'' AND ADDING CHAPTER 19.80 TO
THE SOUTH SAN FRANCISCO MUNICIPAL
co w -
Staff Report 1/20/82 recommending
adoption of an Ordinance on Subdiv-
isions: 1) Motion to waive further
reading of the Ordinance; 2) Motion
to pass and adopt the Ordinance.
11.
2nd Reading/Adoptign
AN ORDINANCE ADDING SECTIONS
19.08.052, 19.08.054, 19.08.056,
19.08.058, 19.08.094, 19.08.124,
19.08.134, 19.08.204, 19.08.212,
19.08.214, 19.08.216, 19.08.218,
19.08.294 AND 19.08.296 TO THE
SOUTH SAN FRANCISCO MUNICIPAL CODE,
WHICH SECTION PROVIDE FOR VARIOUS
DEFINITIONS TO BE USED WITHIN
TITLE 19 OF THAT CODE ~~;;~
Staff Report 1/20/82 recommending
adoption of an Ordinance on Sub-
divisions: 1) Motion to waive
further reading of the Ordinance;
2) Motion to pass and adopt the
Ordinance.
2nd Reading/Adoption
AN ORDINANCE AMENDING AND ADDING
SECTIONS TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND ORDINANCE NO.
861 ENTITLED "AN ORDINANCE REGU-
LATING THE DESIGN, IMPROVEMENT AND
SURVEY DATA OF SUBDIVISIONS AND
CERTAIN OTHER DIVISIONS OF LAND
AND THE FORM AND CONTENT OF
TENTATIVE, FINAL AND PARCEL MAPS
THEREOF: PROVIDING PENALTIES FOR
THE VIOLATION HEREOF AND DESIG-
NATING AN ADVISORY AGENCY, SAID
ORDINANCE BEING ADOPTED PURSUANT TO
COMMUNITY DEVELOPMENT
M/S Damonte/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Damonte/Addiego - That the Ordinance
be adopted.
ORDINANCE NO. 885-82
Carried by unanimous voice vote.
City Clerk Battaya read the entire
title of the Ordinance.
M/S Teglia/Addiego - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Acosta/Teglia - That the Ordinance
be adopted.
ORDINANCE NO. 886-82
Carried by unanimous voice vote.
City Clerk Battaya read the entire
title of the Ordinance.
M/S Damonte/Acosta - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Addiego/Teglia - That the Ordinance
be adopted.
ORDINANCE NO. 887-82
Carried by unanimous voice vote.
1/20/82
Page 6
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
ll. Staff Report 1/20/82 - Continued.
THE SUBDIVISION MAP ACT AS AMENDED,
AND TO THE GENERAL POWERS OF THE
CITY OF SOUTH SAN FRANCISCO, STATE
OF CALIFORNIA: AND REPEALING
ORDINANCES 603, 619, 692, 694,
742, 750, 829 AND 851"
12.
Public Hearing - ZA-81-21 - Zoning
Amendment to add Sections 20.08.025
and 20.08.105, defining "Amusement
Arcade" and "Coin Operated Amuse-
ment Device".
Staff Report 1/20/82 recommending:
l) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Approve Negative
Declaration No. 347; 4) Motion to
waive further reading of the
Ordinance; 5) Motion to introduce
the Ordinance.
13.
1st Reading/Introduction
AN ORDINANCE ADDING SECTIONS
20.08.025 AND 20.08.105 DEFINING
"AMUSEMENT ARCADE" AND "COIN
OPERATED AMUSEMENT DEVICE," AND AMEND-
ING SECTIONS 20.28.040, 20.32.030 AND
20.36.030 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND SECTIONS 3.43,
3.52 AND 3.62 OF ORDINANCE NO. 353,
ENTITLED "ZONING ORDINANCE OF THE
CITY OF SOUTH SAN FRANCISCO, AS
AMENDED BY ORDINANCE NOS. 365, 490
AND 696
Public Hearing- ZA-81-20- Zoning
Amendment to add Chapter 20.38 (Adult
Entertainment Businesses Regulated).
Staff Report 1/20/82 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Approve Negative
Declaration No. 346; 4) Motion to
waive further mading of the Ordin-
ance; 5) Motion to introduce the
Ordinance. ~~;
COMMUNITY DEVELOPMENT
City Clerk Battaya read the entire
title of the Ordinance.
Director of Community Development
Dell'Angela said that the recommendation
was that this item be postponed pending
further study and amendment.
Mayor Nicolopulos opened the Public
Hearing and invited those who wished
to speak in favor of the amendment to
step to the dais - no one chose to
speak.
Mayor Nicolopulos then invited those
who wished to speak against the
amendment to step to the dais - no
one chose to speak.
Mayor Nicolopulos then closed the
Public Hearing.
M~S Damonte/Acosta - To postpone the
item indefinitely.
Carried by unanimous voice vote.
City Clerk Battaya read the entire
title of the Ordinance.
Director of Community Development
Dell'Angela explained the affect that
adult entertainment businesses would
have on the surrounding property and
upon minors; other negative impacts.
He continued, the Ordinance stipulates
that adult entertainment businesses
shall be permitted in C-3 zones and
enumerated the number.the maximum
distance from a church, etc.
1/20/82
Page 7
AG E N DA A C T I O N TA K E N ~'~
COMMUNITY DEVELOPMENT
13. Public Hearing - Continued.
1st Reading/Introduction
AN ORDINANCE REPEALING CHAPTER
10.20 OF THE SOUTH SAN FRANCISCO
MUNICIPAL CODE AND ORDINANCE NO.
852 ENTITLED "ADULT ENTERTAINMENT
BUSINESS MORATORIUM" AND ADDING
CHAPTER 20.38 ENTITLED "ADULT
ENTERTAINMENT BUSINESSES REGULATED"
TO THE SOUTH SAN FRANCISCO MUNIC-
IPAL CODE
COMMUNITY DEVELOPMENT
He spoke in-depth of the two existing
non-conforming use businesses, court
cases and the respective findings on
adult entertainment businesses on
the effects on the neighborhood;
effect on adjoining property owners,
etc.
Police Chief Datzman addressed police
concerns associated with the adult
entertainment businesses in relation
to vice and crime and the need for
strong regulations.
Mayor Nicolopulos opened the Public
Hearing and invited those who wished
to speak in favor of the Ordinance
to step to the dais.
Ms. Margaret Warren, 790 Stonegate
Drive, expressed strong support for
the Ordinance and stated that the
two non-conforming businesses in
existence she found offensive.
Mr. Richard Walker, Bronstein Music
Store, said he felt that the Ordinance
would be considered a boon to the
downtown merchants whose business
is oriented to families. He said
that people were afraid to go shopping
at night on Grand Avenue with adult
entertainment businesses operating.
Mr. Don Edwards, Bronstein Music
Store, said he felt that this type
of Ordinance was sorely needed in the
City and asked for an explanation of
C-3 zones.
Director of Community Development
Dell'Angela said that a C-3 zone is
a heavy commercial zone and that
the South Spruce area would be an
example of that type of zoning.
Vice Mayor Teglia suggested that
Mr. Edwards subscribe to the agendas
of the Council and the Planning
Commission to keep abreast of City
issues as they occur.
1/20/82
Page 8
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
13. Public Hearing - Continued.
RECESS:
RECALL TO ORDER:
14.
Public Hearing - UP-81-604/
Shamiana, Inc. - Use Permit
application to establish a
manufacturing firm for uphol-
stered foam furniture and
decorative pillows at 523
Mayfair Avenue denied by the
Planning Commission.
Staff Report 1/20/82 recommending
that the item be continued off
calendar. ~~
COMMUNITY DEVELOPMENT
M/S Acosta/Damonte - To approve
Negative Declaration No. 346.
Carried by unanimous voice vote,
M/S Teglia/Acosta - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Acosta/Damonte - To introduce the
Ordinance.
Councilman Addiego asked who would
hear a request for a variance by the
adult entertainment businesses in the
future.
Director of Community Development
Dell'Angela said that the Planning
Commission would hear the request and
that in the event of a denial and an
appeal then the City Council would
hear the variance appeal.
Carried by unanimous voice vote.
Mayor Nicolopulos declared a recess
at 8:47 p.m.
Mayor Nicolopulos recalled the meeting
to order at 9:05 p.m., all Council
present.
Director of Community Development
Dell'Angela said that the applicant
had requested that this appeal be
continued off calendar pending the
completion of any proposed amendments
to the PCM Zone which the Planning
Commission will be considering in
February, 1982.
Consensus of Council - To continue
the matter off-calendar.
1/20/82
Page 9
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
15.
Public Hearing - UP-81-602/Sam
Davis/Growing Concern - Use
Permit application to establish
a woodworking shop at 519
Mayfair denied by the Planning
Commission.
Staff Report 1/20/82 recommending
that the appeal be denied and the
decision of the Planning
Commission be upheld.
COMMUNITY DEVELOPMENT
Director of Community Development
Dell'Angela said that this wood-
working shop has been occupying the
building at 519 Mayfair illegally
since June, 1981. He continued, when
the owners of the business were noti-
fied that it was an illegal operation
only then was a permit applied for,
considered and continued to give time
for the applicant to address some
of the concerns expressed by Staff
and the neighborhood residents. He
said that the concerns were noise,
odors and hours of operation. He
said the matter was again brought
to the Planning Commission on 12/10/81
and that there was substantial public
testimony concerning adverse affects
generated from this use and Staff
said that the use was not appropriate
for the site and violated Section 4.44
and 5.60 of the Zoning Ordinance and
the Municipal Code. He said that the
Commission denied the application
based on five findings which he
enumerated and asked that the Council
deny the appeal.
Mayor Nicolopulos declared the Public
Hearing open and invited those who
wished to speak in favor of the appeal
to step to the dais.
Mr. Sam Davis, 123 Sleepy Hollow,
San Anselmo, spoke in favor of his
appeal and said that the PCM is the
problem and felt that there should be
a continuance for modifications to be
made to the PCM zoning. He said that
the first staff report recommended
approval, prior to the Public Hearing,
and now the recommendation was a denial.
Director of Community Development
Dell'Angela said that when it was dis-
covered that there was a non-conforming
use Staff re-evaluated its position
and determined that there was a zoning
problem.
Vice Mayor Teglia asked if the change
in recommendation by Staff had to do
1/20/82
Page 10
A6ENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
15. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
with the fact that the nonconforming
aspect, the carpentry aspect, had
been suspended and it was no longer a
conforming use.
Director of Community Development
Dell'Angela said that previously there
had been a woodworking shop in that
building which had been discontinued
and another business operated there
until June of last year; then Growing
Concern moved into the building
illegally at that time. He stated
that the Shamiana business was a
light fabricating use and that the
Growing Concern business was a very
heavy use and should not be included
in a PCM zone.
Councilman Addiego asked when there
had been a conforming use in the
location in question.
Director of Community Development
Dell'Angela said that it has been a
lawful non-conforming use, the PCM
zone was amended to delete woodworking
type shops. He described the phasing
out process of non-conforming uses.
Mr. Charles Hoffman, 117 Hilltop Drive,
Redwood City, said that he was the
owner of the property in question.
He spoke of a letter he had written
to the Planning Commission which gave
the history of the uses the property
had had since 1956. He said that if
the use was that of a retail store it
would require three times the parking
spaces and cause him a hardship. He
said that his property backs up to
South Spruce which has warehouses and
machine shops - he felt that there was
a discrepancy in the PCM Code. He
asked that the permit be approved with
control of the nuisance factors.
Discussion followed on Mr. Hoffman's
cabinet making business in 1970, the
hours of operation, intensity of
business and noise factors, etc.
1/20/82
Page 11
AGENDA
COMMUNITY DEVELOPMENT
15. Public Hearing - Continued.
(Cassette 2)
ACTION TAKEN
COMMUNITY DEVELOPMENT
Councilman Addiego asked the City
Attorney whose responsibility it was
when leasing a piece of property, to
inform the potential applicant that
his use may not be acceptable.
City Attorney Rogers declined to
comment in light of possible litigation
in the future from this appeal.
Mayor Nicolopulos invited those who
wished to speak in opposition to the
appeal to step to the dais.
Mr. Thomas Hefferan, 107 Fire Avenue,
spoke of the noise level produced by
the business, a non-insulated blower
that starts at 7:30 a.m. and shuts
off at 10:00 p.m., noise from fork
lifts and high powered saws, the
foul language from the employees, etc.
He said a Police Officer came out and
listened to the noise and made a
police report. He said that the report
was made on a Sunday after the Planning
Commission had ordered the business
to be closed on Sundays. He said
that he had written a letter to the
Mayor concerning the bad language and
that it had then stopped.
Mrs. Irene Mann, 103 Fir Avenue,
concurred with Mr. Hefferan's remarks
and added that the business was in
operation at all hours of the night.
She said that the traffic problem
had become very serious from the
trucks bringing in material. She
said that the trucks were heavy trucks
which rattled the windows of the homes
when using the street. She said that
when a truck tried to back up it
presented problems for the residents
in using their driveways and problems
for emergency vehicles trying to use
the street. She said that she had
empathy with the property owner, however
felt that he should have tenants that
are compatible with the neighborhood.
1/2o/82
Page 12
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
15. Public Hearing - Continued.
16.
Staff Report 1/20/82 recommending
adoption of a Resolution setting
fees for the processing of sub-
division and parcel maps.
A RESOLUTION SETTING FEES FOR
PROCESSING SUBDIVISION MAPS
COMMUNITY DEVELOPMENT
She spoke of the hedge separating the
business from the homes and stated that
it did not serve as a sound inhibitor.
Mrs. Heffernan said she believed that
a home was a castle, but she said when
her husband comes home from work and
tries to rest but cannot because of
the noise and foul language. She said
that that type of language was a very
bad example for the children in the
neighborhood to hear. She said that
the business had been operating without
a permit for a long time and wondered
how much longer would it be before
a decision was made to stop this noisy
operation.
Ms. Brauner, 104 Fir Avenue, equated
the noise to that of thunder and said
that it started at 7:30 each morning
and was compounded throughout the day
and evening by the blowers and other
equipment.
Mayor Nicolopulos declared the Public
Hearing closed.
Councilman Acosta said he could under-
stand Mr. Davis' concern after having
complied with code regulations for
fire exits only to learn that the use
was not allowed. He reiterated the
City Attorney's comment that by State
Law this Council can not allow a variance
because the use does not meet the PCM,
therefore the course of action is clear -
deny the appeal.
M/S Damonte/Teglia - That the appeal
be denied based upon the five findings
of the Planning Commission and based
upon the petition and the interpretation.
Carried by unanimous voice vote.
M/S Acosta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 15-82
Carried by unanimous voice vote.
1/20/82
Page 13
AGENDA ACTION TAKEN
FINANCE
17.
Staff Report l/ 20/82 recommending
adoption of an Ordinance on
Business Licenses which becomes
effective upon adoption as it
relates to taxes for the usual and
current expenses of the City; 1)
Motion to waive further reading of
the Ordinance; 2) Motion to adopt
the Ordinance.
2nd Reading/Adoption
AN ORDINANCE AMENDING SECTION
6.16.040 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE AND
SECTION 4.5 OF ORDINANCE NO. 720
ENTITLED "AN ORDINANCE LICENSING
THE TRANSACTIONS AND CARRYING ON
OF CERTAIN BUSINESSES, TRADES,
PROFESSIONS, CALLINGS AND
OCCUPATIONS IN THE CITY OF SOUTH
SAN FRANCISCO, FOR THE PURPOSE
OF RAISING MUNICIPAL REVENUE AND
PROVIDING A PENALTY FOR THE
VIOLATION THEREOF" AS AMENDED BY
ORDINANCE NO. 751 AND ADDING
SECTION 6.16.045 TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE
PUBLIC SERVICES
18.
Staff Report 1/20/82 recommending
adoption of a Resolution approving
a controlled access highway agree-
ment with the State for a portion
of Skyline Boulevard within South
San Francisco.
19.
20.
A RESOLUTION AUTHORIZING EXECUTION
OF AN AGREEMENT WITH THE CALIFORNIA
STATE DEPARTMENT OF TRANSPORTATION
(CONTROLLED ACCESS HIGHWAY)~/
Staff Report 1/20/82 recommending
by Motion to accept as complete the
demolition of a structure at 52
Franklin Street in accordance with
the contract dated 1/8/82~~-Z5~
Staff Report 1/20/82 recommending
by Motion to accept as complete
the Appian Village Unit #1 Condo
Subdivision Public Improvement.
FINANCE
City Clerk Battaya read the entire title
of the Ordinance.
M/S Addiego/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Acosta - That the Ordinance
be adopted.
ORDINANCE NO. 888-82
Carried by unanimous voice vote.
PUBLIC SERVICES
M/S Damonte/Acosta - To adopt the
Resolution.
RESOLUTION NO. 16-82
Carried by unanimous voice vote.
M/S Teglia/Acosta - To accept as
complete.
Carried by unanimous voice vote.
M/S Damonte/Acosta - To continue the
item to the next meeting.
Carried by unanimous voice vote.
1/2o/82
Page 14
AGENDA ACTION TAKEN
ITEMS FROM STAFF
ITEMS FROM STAFF
21.
A RESOLUTION DESIGNATING
OFFICERS TO FILE FOR DISASTER
RELIEF FUNDS
City Manager Birkelo said that this
Resolution designated the City Manager,
Assistant City Manager and the Director
of Public Services as desigated
officers to file for disaster funds.
M/S Acosta/Teglia - To adopt the
Resolution by title only.
RESOLUTION NO. 17-82
22. Use of unoccupied space at the
Municipal Services Building.
ITEMS FROM COUNCIL
City Manager Birkelo asked that this
matter be handled in Closed Session
with a tour of the unoccupied space.
ITEMS FROM COUNCIL
23.
Linden sidewalk relocation as
requested by the Historical
Society.
City Manager Birkelo related that per-
mission had been granted by the owners
of the property and that with Council
approval the Historical Society would
begin a drive to raise $4,900 to
cover the costs.
M/S Damonte/Addiego - Direction to
proceed with the relocation.
Carried by unanimous voice vote.
CLOSED SESSION
Council adjourned to a Closed Session
at 10:22 p.m.
RECALL TO ORDER:
The meeting was recalled to order
at ll:50 p.m., all Council present,
no action taken.
M/S Addiego/Acosta - That the meeting
be adjourned.
Carried by unanimous voice vote.
ADJOURNMENT:
The meeting was adjourned at ll:51 p.m.
RESPECTFULLY SUBMITTED,
APPROVED:
Barbara A. Battaya,
City of South San Francisco
1 os, MayoF
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to
dispose of an item. Oral presentations, 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.l/20/82
Page 15