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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