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HomeMy WebLinkAboutMinutes 1993-04-28 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes · -John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room April 28, 1993 i22 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 28th day of April 1993, at 7:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South .San Franciso, California. Purpose of the meeting: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. ,ated: April 23, 1993 City Clerk City of South San Francisco CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. RECALL TO ORDER DJOURNMENT: ACTION TAKEN 7:17 p.m. Mayor Teglia presiding. Council Present: Drago, Penna, Yee, and Teglia. Council Absent: Fernekes. Council adjourned to a Closed Session at 7:18 pm. for discussion of labor negotiations, AFSCME, pursuant to GC 549576, and litigation, Christina Avery/Leanne Harvey vs. Mayor Roberta Teglia etal pursuant to GC 54956.9(a). Mayor Teg!ia recalled the meeting to order at 7:55 p.m., all Council was present, no action was taken. M/S Yee/Penna - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 7:56 p.m. 4/28/93 Page 1 ~ENDA ACTION TAKEN ,. 123 RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. v,~berta Cerri eTeTeT~ia, Mayor 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 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. 4/28/93 Page 2 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes l~"-lohn R. Penna Robert Yee MINUTES City Council' ~ Municipal Services Building Community Room April 28, 1993 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS Proclamation - Pilipino Heritage Month May 1993 · _ :oclamation - Older Americans Month May 1993 Proclamation - Water Awareness Month May 1993 AGENDA REVIEW Interim City Manager Martel Requested: - Remove Item No. 11. Mayor Teglia Requested: - Add Item No. 17a. Legislative Update by the Fire Chief. ORAL COMMUNICATIONS Corinne Goodrich, Multi-City Transportation System Management Agency Administrator, will present the TSM ?--'anual Report. ._K ! .~,~ ACTION TAKEN 8:00 p.m. Mayor Teglia presiding. Council Present: Drago, Penna, Yee, and Teglia. Council Absent: Fernekes. The Pledge was recited. Rev. Smith, Imanuel Baptist Church, gave the invo- cation. PRESENTATIONS Mayor Teglia read the Proclamation aloud and presented it to Father Mascio. Councilman Drago read the Proclamation aloud and presented it to Mr. Dag Alholm from the Commis- sion on Aging. Councilman Yee read the Proclamation aloud and presented it to Cris Volante of California Water Service Co. AGENDA REVIEW So ordered. So ordered. ORAL COMMUNICATIONS Ms. Goodrich related that the primary concern of the Agency was to change commuter behavior by promoting ridership through bicycling, walking, and compressed work weeks. 4/28/93 Page 1 AGENDA ORAL COMMUNICATIONS 4/28/93 Page 2 _AC_T!QN TAKEN - 125 ORAL COMMUNICATIONS She proceeded to relate background information: this was initially to be done by San Mateo County; relation to the half cent sales tax; the Congested Management Plan in 1990; a Joint Powers Authority being created wherein she was hired as Administra- tor; edicts from the Bay Area Quality Board on clean air that takes effect 7/1/94; the ordinance requirement applies to all employees who must be surveyed; there are 500 employees in eight cities; commuter alternatives; 100 employees promised to meet the objectives; survey and marketing plan efforts; developing a data base on who the employ- ees are; looked at commuter preferences and atti- tudes to develop the marketing program; trying to increase knowledge on commuter alternatives; pro- vide on-site assistance to employers; 5,000 informa- tional sheets, transit schedules, and bike maps were sent out; received $200,000 to subsidize private industry's employees in Brisbane and South San Francisco; working on innovative plan for Oyster Point; coordination with Caltrain and BART; use of shuttle buses; each City would determine whether to accept the regulation in Rule 13. Councilman Yee stated that he was the Council Representative on this Agency and there had been discussions on Rule 13, and whether it should be delegated locally or by the County. He stated that the consensus of Council was for local control which Ms. Goodrich should know. Mayor Teglia asked for a summation of Rule 13 and its implications. Discussion followed: Rule 13 and local control; funds to date were from Measure A; received $200,000 as a one time thing, and on-going funds were from C/CAG; there is $800,000 coming into the County; commuter alternatives; Samtrans pays Ms. Goodrich's salary and benefits, and is the fiscal agent; lack of transportation east of 101; Samtrans was inadequate to meet commuter needs; they were pushing Samtrans to take over shuttle buses if they materialize; Ms. Goodrich had lobbied to get funds for No. County because they are not going to include shuttles to BART - only to So. County; that the major route evaluation would be done in June, etc. A~ENDA _ACTION _TA_KE_N COMMUNITY FORUM CONSENT CALENDAR 1. Motion to confirm expense claims of 4/28/93. Motion to accept the Municipal Services Building Generator Radiator Relocation Project as complete in accordance with the plans and specifications. Resolution approving the Camino Court Condomini- um Subdivision Final Map, and accepting dedication of a 10' public access easement and directing Clerk to cause recordation. A RESOLUTION APPROVING SUBDIVISION FINAL MAP AND ACCEPTING DEDICATION OF PUBLIC ACCESS EASEMENT - CAMINO COURT CONDOMINIUM Resolution authorizing agreement with Corlett, Skaer & DeVoto Architects for consulting services for the Aircraft Noise Insulation Project - Phase VIII, and calling bids. ~.~ ~ A RESOLUTION AUTHORIZING AGREEMENT FOR CONSULTING SERVICES BETWEEN CORLETT, SKAER & DEVOTO ARCHITECTS AND THE CITY FOR THE AIRCRAFT NOISE INSULATION PROJECT - PHASE VIII AND AU- THORIZING STAFF TO CALL FOR BIDS Resolution directing preparation of an Annual Report for Willow Gardens Parks and Parkways Maintenance District; and resolution approving Preliminary Annual Report and set public hearings for 6/9/93 and 3"5,5 6/23/93. A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WILLOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT COMMUNITY FORUM Councilman Drago related that there would be a fund raiser for Project Read Friday night with a trivia contest between Couneilmembers from Daly City and S.S.F. He stated that the American Heart Association at a function would arrest VIPs and the bail would go towards their fund raising efforts. CONSENT CALENDAR Approved in the amount of $1,613,896.64. So ordered. RESOLUTION NO. 42-93 RESOLUTION NO. 43-93 RESOLUTION NO. 44-93 4/28/93 Page 3 AGENDA _ACIIQ_N TAKEN CONSENT CALENDAR 5. Resolutions - Continued. A RESOLUTION OF INTENTION TO ORDER IM- PROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WIL- LOW GARDENS PARKS AND PARKWAYS MAINTENANCE DISTRICT Resolution directing preparation of an Annual Report for the West Park l&2 Parks and Parkways Mainte- nance District; and resolution approving Preliminary Annual Report and setting public hearings for 6/9/93 and 6/23/93. ,.K3 ~ A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 AND 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 1 AND 2 PARKS AND PARKWAYS MAINTENANCE DISTRICT Resolution directing preparation of an Annual Report for the West Park 3 Parks and Parkways Maintenance District, and resolution approving the Preliminary Annual Report and setting public hearings for 6/9/93 and 6/23/93. .5- 3~ A RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT OF THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAINTENANCE DISTRICT A RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND LEVY ASSESSMENTS AND PROVIDING FOR HEARING AND NOTICE FOR THE CITY OF SOUTH SAN FRANCISCO WEST PARK 3 PARKS AND PARKWAYS MAIN- TENANCE DISTRICT 4/28/93 Page 4 CONSENT CALENDAR RESOLUTION NO. 45-93 RESOLUTION NO. 46-93 RESOLUTION NO. 47-93 RESOLUTION NO. 48-93 RESOLUTION NO. 49-93 M/S Penna/Drago - To approve the Consent Calen- dar. Carried by unanimous voice vote. AGENDA ACTIQ_N TAK~ ADMINISTRATIVE BUSINESS Resolution to certify the Orange Memorial Park Expansion Project Final Environmental Impact Report as a response to comments to be used in conjunction with the revised Draft Environmental Impact A RESOLUTION CERTIFYING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ORANGE MEMORIAL PARK IMPROVEMENT PROJECT HAS BEEN PREPARED IN COMPLI- ANCE WITH THE CALIFORNIA ENVIRONMEN- TAL QUALITY ACT AND HAS BEEN RE- VIEWED AND CONSIDERED BY THE CITY COUNCIL Motion to approve the Orange Memorial Park Expan- sion Project Design Refinement Plan and Proposed Linear Park and authorize the preparation of construc- tion documents. ~00/~, ADMINISTRATIVE BUSINESS Director of Parks, Recreation & Community Ser- vices Nagel stated that Items No. 8 and 9 were related and proceeded to relate background infor- mation: there were four public hearings, a phone and written survey was made of recreation and park needs in the community; the Master Plan had been approved; the Calif. Water property was not a part of this plan; renovation and expanding of the exist- ing center; funding was through the sale of property at Chestnut and Grand; there was a trust fund of $6,000,000, etc. Mr. Bill Harris, Callander Assoc., described the Citywide planning process in detail: the design refinement plan for Orange Park; the linear park; three quadrants; relocating the Corporation Yard to provide more park land; property being pur- chased from the Mazzanti family for the park ex- pansion; the Master Plan; additional ballfields; a new picnic shelter to replace the old; a concrete wall to separate the park from the residents. Councilman Drago questioned why the County Health Department was not included in the whole process. City Engineer Van Dohren stated that when they started the design work they were not aware of the involvement of the County in hazardous materials, and thought the concern was more of a formality. M/S Penna/Yee - To adopt the Resolution. RESOLUTION NO. 50-93 Carried by unanimous voice vote. Discussion followed: was it due to problems that the Calif. Water property was deleted; it was deleted because the funds were not there to do the entire project; Calif. Water Co. was looking to add addi- tional water storage tanks; that the City would regret not buying the property ten or fifteen years from now; that the property was in the plan when Coun- cilmen Haffey and Drago were handling it, but since staff took it over they have not been as aggressive; that one of the plans was to lease the Calif. Water property although the preference was to buy the property; Califi Water Co. did not want to sell the 4/28/93 Page 5 AGENDA AC_TIQN TAKEN ADMINISTRATIVE BUSINESS g. & 9. Continued. 4/28/93 Page 6 129 ADMINISTRATIVE BUSINESS land, and was intending to put in moro wells; there was a cost of $150,000 per well and they were not agreeable to move wells for the park expansion, etc. Further discussion followed: Plan says the linear park can not be put on the north side of the Canal because of road access; concern for the residents along Mayfair and their access from the strip; whether the fences encroach; the garages encroach on City property; Mayor Teglia did not feel the City could do the linear park right now because of the funding, but perhaps a future developer could do it; talking to residents to see if there was a concern over access; the conflict of parking on Orange and Tennis Drive; flip flop parking; putting parking closer to the pool building; problems in the relocation of the palm trees if the parking is moved; if the linear park was not being done now because of funding - why do the design now, etc. Ms. Elizabeth Soltis, 831 Circle Court, stated that her property was adjacent to the property designated a picnic area and she had a concern over vandalism and safety over violent retaliation of reported inci- dents. She spoke with concerns over gangs, drugs, and fights in the park, and wanted she and her neighbors to live without such fear. Mr. George Kinney stated that he owned property in the area, and questioned what type of fences were going to be erected because he was concerned about security in the neighborhood. Director of Parks, Recreation & Community Ser- vices Nagel stated that it would be six foot chain link fences. Mr. Kinney stated that he did not feel that was enough security, because with the parking lot behind the property, right now, we have break ins. He stated that the neighbors wanted to be good neigh- bors with the park but they had differences over trees and trimmings, and they were vandalized. He questioned what the lighting was to be in the park. Mr. Harris stated that the lighting would be up to City standards. A~ENDA ACTION TAKEN . I30 ADMINISTRATIVE BUSINESS · & 9. Continuext. --PUBLIC HEARINGS Public Hearing - Appeal by Tony Khorozian of Use Permit and environmental determination of same to allow a retail/wholesale store offering groceries and janitorial items in the Brentwood Shopping Center at 249 Kenwood Way in the C-1 Zone District, Case No. UP-92-917, Negative Declaration No. 739 Ap- plicant: Smart & Final, Owner: Brentwood Holding Co.; Conduct Public Hearing that was opened at last meeting; Motion to uphold decision of the Planning Commission to (a) approve Negative Declaration No. 739 and (b) approve UP-92-917 subject to the adopted conditions of approval and based on the findings. ADMINISTRATIVE BUSINESS Discussion followed: that security was an important consideration; that people tried to tear cars open at night; limitation of park hours after dark; that an attendant would be needed to close down the park at night; to delete the linear park from the expansion plans approved tonight; passing the cost of the linear park on to a developer in the future through in-lieu fees; not cost effective for someone to come in and do integrations at a later date; Atkinson building has been sold to Kaiser Hospital, and they will clear the site for medical buildings; the linear park can be removed and send it back to the Advisory Committee, etc. M/S Drago/Penna - To approve the Orange Memo- rial Park Expansion Project Design Refinement Plan, remove the linear park, and authorize the preparation of construction documents. Carried by unanimous voice vote. PUBLIC HEARINGS Interim Director of Economic & Community Devel- opment Solomon stated that the appeal is on an issue that is consistent with the General Plan and Zoning Ordinance, and should be less intensive than the previous use. He urged the Council to uphold the decision of the Commission and approve Negative Declaration No. 739 and UP-92-917 subject to the adopted conditions of approval and based on the findings. Mayor Teglia invited those wishing to speak for against the appeal to step to the dais. Mr. Tony Khorozian chose to refute the staff report in support of his appeal: that this use was a whole- sale grocery, and not a retail grocery; fifteen years ago Brentwood Market was on the site and the neighborhood people walked to the store to buy their groceries; now the trucks come from Los Angeles to park from 6:00 to 9:00 a.m. on El Camino and the Hazelwood Driveway; the 64'trucks with fork lifts are using the narrow street while children are walk- ing or riding bikes to school, and are a hazard to seniors crossing the street; the trucks also take up the parking spaces in the shopping center; employees of the shopping center were told to park on the street, rather than in the parking lot which congests 4/28/93 Page 7 AOENDA PUBLIC HEARINGS 3. Public Hearing - Continued. 4/28/93 Page 8 ACTION TAKEN PUBLIC HEARING the neighborhood; had advertising literature from Smart & Final that say they are a warehouse operation; he gave photographs of the area to the Council showing the trucks and traffic on the narrow street; in the area there are 33 shops, a restaurant, and a bowling alley with limited parking without the Smart & Final use; the neighborhood would wel- come any other type of business but a warehouse; this warehouse should go in areas where Cosco and the Price Club are, and could even go in the empty Pak'N'Save building; people were parking in the residential neighborhood; parking survey had missed six businesses; and urged the Council to uphold his appeal. Discussion followed: definition of wholesale; deliv- eries along Hazelwood between 6:00 and 10:00 a.m. being a hazard; various truck sizes, etc. Mr. Fred Gomez, 150 Hazelwood, related that he operated a home for the elderly and had six patients on walkers, and had noticed a marked increase in parking in the area in the last few years which made it difficult for his patients to negotiate across the street. He stated that the people had to be helped across the street, and felt this was a bad traffic situation. Ms. Katherine Bartolotti, 156 Hazelwood, stated that she worked at Schumacher School of Dance where there are children involved who do not think about traffic when they go to the candy store. She stated that her concern was over traffic because she had changed her work hours so she could park in front of her house because of the restaurant parking, and if she was not home by 4:00 p.m. she could not park in front of her home. Mr. Don Bartolotti stated that he drove a truck for a living which was the same kind of truck mentioned earlier, and he had been kicked out of that area twice with his truck. He questioned how Smart & Final trucks and fork lifts would be able to maneu- ver legally with the area so crowded. He stated that there was talk of a loading dock, but there is none. He stated that the only loading door is to back the truck in which would block the whole street. He continued, the loading door is inset AGENDA ACTION TAKEN PUBLIC HEARINGS 3. Public Hearing - Continued. 4/28/93 Page 9 132 PUBLIC HEARINGS about 10', and they have to jackknife that in - which is why he believes Brentwood Market moved. He stated that he did not believe that the neighborhood needed another store -- even if Smart & Final was cheap. Mr. W. C. Haskin, 421 Hazelwood, stated that he had watched the traffic on Hazelwood increase over the years to the poim where access to El Camino was very congested from normal traffic - not trucks. He stated that if they were to bring tractors and trailers onto Hazelwood, the City would have to create a one-way street and a turn on Mosswood to find their way back on Kenwood and out. He stated that it would be quite a job for the trailers and would restrict his neighbors access to El Camino if they come out between 6:00 - 10:00 a.m. they would be hitting the commuter traffic. He stated that the City was forcing the neighborhood to live behind a commercial area and they would have to go up to Avalon to get out. He felt there were enough trucks in the area without adding this USO. Mr. Dave Agresti, 232 Brentwood Dr., stated that the residents did not need more traffic congestion in the neighborhood. He stated that people had to wait for two or three stop lights to cross over El Camino Real to See's Candy. He stated that a comparison of this use against Ramm's Furniture was ludicrous. Mr. Pete Beicca, 214 Brentwood Dr., expressed concern over the safety factors in the event an am- bulance was trying to get through. The following people spoke against the use citing previously mentioned concerns: John Kerragan; Marie Faraone; Shirley Faraone; Paul Celillo; Elizabeth Celillo; and Mayo-Solar. Mr. Josaia Lipano related that his son was hit by a car in the area. AGENDA ACTION TAKEN . 1 3-3 PUBLIC HEARINGS 3. Public Hearing - Continued. 4/28/93 Page 10 PUBLIC HEARINGS Mr. Rubin Minchaca stated that the residents could not park in their garages because of the shopping center customers who parked across their driveways. He stated that he also had a problem with the police and thought they were harassing him. Mr. Richard Mills felt that big rigs should not be allowed in residential areas because it made it diffi- cult for the Samtrans buses to maneuver. Mr. John Ballas was concerned as to who would pay for the repair of streets used by the big trucks. He pointed out that there would not be tax dollars com- ing to the City from a wholesale operation. Ms. Joy Ann Wendler related: Smart & Final had stated that they attended three meetings with the homeowners - which had never taken place; there had been a meeting with officers of the Homeowners Assn., but there had not been an endorsement for the use, nor was there a comfort level. Mr. Bob Wess, Smart & Final Santa Barbara, stated that this was a retail facility rather than what was suggested by the speakers. He stated that they were in agreement with the Planning Commission that called for a delivery zone adjacent to the building that is limited to 6:00 - 9:00 a.m. He spoke of the traffic study completed by a traffic engineer at two of their facilities. He stated that Hazelwood is 60' wide and the sidewalk would widen the area for the delivery zone. Mr. Matt Heslin, Huntington Beach, stated that the parking study had indicated an adequate amount of parking, and refuted the claim that warehouse use would not bring revenue to the City. Mr. David Gaon, 524 Chapala, San Bruno, stated that he had sent letters out for a meeting at the Brentwood Lodge, but no one attended the meeting. He stated that there were 16-22 cars an hour at the site, and he did want to mitigate the neighborhood concerns and wanted to be a part of the community. A~ENDA ACTIQ~ TAKEN PUBLIC HEARINGS 3. Public Hearing - Continued. 4/28/93 Page 11 PUBLIC HEARINGS Mr. David Nanry, Arthur Anderson Co., stated that he was hired to give an opinion of the definition of the term wholesale because the State only defines retail. He stated that the average purchase at Smart & Final was $32.00 while the average purchase at Safeway was $25.00. He related that statistics reveal non-taxable sales of 19%-20%, and the State of Calif. classifies them as a retail operation. Mr. Gaon stated that there were ten conditions they were willing to live with because the business is an asset to the community, and urged the Council to deny the appeal. City Planner Carlson stated that there were two to four truck deliveries per day currently by truck trailers coming into Brentwood. Mr. Bartolotti stated there was no left turn into Brentwood from El Camino Real, and Ramm Fur- niture only had bobtails. Mr. Ledlighter stated that he had been involved with the parking lot issue and two hour parking was initiated for commuters and bobtail trucks that are 64' long. He stated that he could understand con- sumer concerns, however, he felt everyone would benefit from this use, but if it did not, what use would work. Mr. Matt Kirshner, Realtor, stated that there were letters from Hot & Hunky, Speedy Printing, a Brentwood Chiropractor, Grand Shoe Store and All State that did not have a problem with this use. He refuted the testimony that this was a wholesale oper- ation. Mayor Teglia questioned why they had chosen this particular site. Mr. Kirchner stated they had tried to make a deal with Pay'N'Pak, however, there is a deal with Syufy and Alioti at El Camino Real and Noor. Mr. Land, 170 So. Spruce, stated that he represent- ed the Benetti family who own property on the site and were in favor of this use, and wanted Council to deny the appeal. He stated that unloading had al- ways been on Hazelwood because there had never AQENDA A~!!Q~ !AKEN 135 PUBLIC HEARINGS 3. Public Hearing - Continued. RECESS: RECALL TO ORDER: ADMINISTRATIVE BUSINESS 10. Resolution approving 2nd amendment to the Aircraft Noise Mitigation Agreement. ~2 ~ A RESOLUTION APPROVING THE SECOND AMENDMENT TO AGREEMENT FOR AIR- CRAFT NOISE MITIGATION PUBLIC HEARINGS been a loading dock. Mr. West related that the trucks would go into the loading zone, which would be two 64' trucks per week, and must be out within an hour or they are charged. Mayor Teglia closed the Public Hearing. Mayor Teglia recessed the meeting at 11:25 p.m. Mayor Teglia recalled the meeting to order at 11:50 p.m., all Council was present. Councilman Yee stated this issue involved traffic and congestion, and not whether it was wholesale or retail. He stated that the 16 parking spaces were not adequate for this use, and there were already enough traffic problems on Hazelwood without this use. Councilman Drago stated that he was concerned about the maneuvering of the double trucks making deliveries twice a week between 6:00 and 9:00 a.m.. He wished the Homeowners Group had polled the neighborhood. He stated that he would like to visit one of their sites in the event this was put over to another meeting as requested by the Vice Mayor. Discussion followed: Mayor heard the store gener- ated $2.6 million a year in gross sales with $1.3 million in taxable sales; she wanted to attract com- patible sales tax bases; City would get 9.596 in sales tax or $9,000; average sale is $32.00; store was run by three to four people, etc. Mayor Teglia read a letter aloud from Vice Mayor Fernekes asking the Council to delay action until the next meeting so he could vote on the item. ADMINISTRATIVE BUSINESS Interim City Manager Martel related: agreement was approved 8/91 to provide funding for noise insulation in this City; City required to conduct and implement planning and environmental work and extended certification to 8/93; additional time was needed to satisfy the terms of the agreement; land use study will not be submitted to Council until 10/93; certification of EIR would occur 90 days 4/28/93 Page 12 A~ENDA A~!~ TAKEN 136 ADMINISTRATIVE BUSINESS 0. Resolution - Continued. 11. Motion to appoint C/CAG as the central point of administration for implementation of the county-wide stormwater management plan component, and support efforts to utilize the Flood Control District for collec- tion of funds for the public information component. .EGISLATIVE BUSINESS s2. Motion to waive reading and introduce an ordinance prohibiting smoking in South San Francisco. ADMINISTRATIVE BUSINESS thereafter; second agreement before Council pro- vides a further extension to 4/94 which coincides with the moratorium currently in effect; there is a further modification that provides for disbursement of funds to the City on a percentage basis upon execution of this second amendment on 6/1/93 and 9/1/93, and upon certification of the EIR. She stated that if the City decides to not certify the EIR - all funds advanced by the Airport will be refunded by the City. Mr. Doug Thomas, Kohl Corp., stated that a long time had passed since the agreement was effected and now there was a huge expansion plan for the Airport with further mitigation measures. He stated that the City had $10 million from the Airport to insulate homes. He stated that now with huge ex- pansion plans the Airport is saying they will insulate all homes, so why go through with this when you have the $10 million in hand. He questioned what would happen if the City does not certify the EIR, and whether the City had money for this program. Mayor Teglia related: that the Airport intended to spend $120 million for the entire environment; City has agreement with Airport for certification; if EIR not certified the City must pay back funds. City Attorney O'Toole stated that the Project was already out to bid and if the money doesn't come through it comes out of the General Fund. M/S Yee/Drago - To adopt the Resolution. RESOLUTION NO. 51-93 Carried by unanimous voice vote. Removed from the Consent Calendar under Agenda Review by Interim City Manager Martel. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the Ordinance in its entirety. 4/28/93 Page 13 AGENDA _ACI!Q_N TAKEN LEGISLATIVE BUSINESS 2. Motion - Continued. AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING CHAP- TER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE REGU- LATION OF SMOKING PUBLIC HEARINGS 13. Public Hearing - Appeal by Tony Khorozian of Use Permit and environmental determination of same to allow a retail/wholesale store offering groceries and janitorial items in the Brentwood Shopping Center at 249 Kenwood Way in the C-1 Zone District, Case No. UP-92-917, Negative Declaration No. 739, LEGISLATIVE BUSINESS Councilman Penna stated that he and the Vice May- or had served on a Subcommitt~ to eliminate all smoking in City facilities, however, he was looking at a 100% smoking ban in the City including restau- rants. He stated that he would put the 100% smok- ing ban on the back burner, but if people came forward on the matter they would pursue it. Ms. Karen Bakken, 226 C St., related that she had been a 30 year smoker, had emphysema, had given up cigarettes eight years ago, and was in support of a ban on smoking in restaurants and bingo games. She stated that because of smoking she had stopped going to Tanforan. Mr. Michael Bornstein, S. M. County Tobacco Education Coalition, spoke of a 25 % tax on cigarettes to discourage smoking. He stated that the EPA report had shown that second hand smoke was a carcinogen. He stated that a ban would cause less deaths from this dangerous substance. Mayor Teglia invited people to speak in support of this by stepping forward. M/S Drago/Yee - To waive reading and introduce the ordinance. Discussion followed: smokers rights when it was harmful to someone else; a rule is only good if enforced; whether all cigarette machines would be removed; there was not opposition to a ban on smoking in all City facilities; whether this would apply to all City vehicles; current ordinance does not cover that; whether it applied to picnic areas in the park; intent was for all enclosed areas; staff will come back at a later time to amend this to include smoking in City vehicles. Carried by unanimous voice vote. PUBLIC HEARINGS Heard earlier on the Agenda. 4/28/93 Page 14 AQENDA A~!!Q~ TAKE~ 138 PUBLIC HEARINGS 14. 3. Public Hearing - Continued. Applicant: Smart & Final, Owner: Brentwood Hold- ing Co.; Conduct Public Hearing that was opened at last meeting; Motion to uphold decision of the Plan- ning Commission to (a) approve Negative Declaration No. 739 and (b) approve UP-92-917 subject to the adopted conditions of approval and based on the findings. Public Hearing - Appeal of Planning Commission decision regarding replacement of nonconforming businesses and determination that a tire and automo- tive repair business is a more intensive land use of the property than the previous forklift repair business at 110 Linden Ave. in the R-3 Zone District, Juan Carlos Agundis, Applicant, Michael and Athia Giotinis, Owner); Conduct Public Hearing; Motion to uphold the Planning Commission decision. 5'OSD PUBLIC HEARINGS Mayor Teglia opened the Public Hearing. Interim Director of Economic & Community Devel- opment Solomon gave the staff report. Mr. Richard Catanzaro, 32 W. 25th Ave.,//200, San Mateo, stated that this site was originally looked at by Arata Pontiac for a folklift use. He stated that Mr. Agundis had a small operation com- pared to a forklift business. He stated that the resi- dents did not have a problem with the operation because there was little traffic, it fits in an automo- tive location, and the owner did not want to have a vacant building. He urged the Council to approve the use because it was a less intensive use. Mayor Teglia closed the Public Hearing. Councilman Drago questioned if all work was done inside and there was not storage of vehicles outside. Mr. Catanzaro stated that was tree and there were two operational lifts inside. Mayor Teglia had concern about the storage of tires, and felt that if it was approved it should go back to the Planning Commission for conditions. Mr. Catanzaro agreed, and stated it would be better in the body of the lease. City Attorney O'Toole stated that Council does not have the authority to impose conditions, and the only action to be taken is whether the use is less intensive because this is not an allowed use. Mayor Teglia felt the Planning Commission should look at how it is zoned. 4/28/93 Page 15 AGENDA AC_TIQN TAKEN 139 PUBLIC HEARINGS 4. Public Hearing - Continued. 15. 16. Public Hearing - GP-93-46 - General Plan Amend- ment to a) change the designation of the Land Use Diagram from "Proposed Open Space" to "Low Density Residential" for a newly created 0.38 acre parcel containing a single-family home at the westerly terminus of Tennis Drive, b) change the designation of the remainder of the Mazzanti property from "Pro- posed Open Space" to "Existing Open Space", and c) minor changes to the text of the General Plan, City of South San Francisco, Applicant, (Peter Mazzanti and City of South San Francisco, Owners); Conduct Public Hearing; Motion adopt resolution approving General Plan Amendment. ~0 ~ ~ A RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. GP-93-46 Public Hearing - Rezoning of newly created 0.38 acre parcel containing a single-family home at 820 Tennis Drive from O-S, open Space to R-l-E, Single-Family Residential, Peter Mazzanti, Applicant, City of South San Francisco, Owner) RZ-93-83; Conduct Public Hearing; Motion waive reading and introduce the ordinance. AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO REZONING A 0.38 ACRE PARCEL AT 830 TENNIS DRIVE FROM OPEN SPACE TO R-1-E I'EMS FROM COUNCIL 17. Oral Committee Reports. PUBLIC HEARINGS Councilman Drago questioned if he would comply with the zoning in downtown commercial. City Attorney O'Toole stated that allowing the con- tinuance of a non-conforming use if found to be less intensive, should then be referred back to staff to look at the greater zoning picture because it takes four months to change zoning. Director of Economic & Community Development Solomon stated that tire storage was all within the interior. Consensus of Council - To return the item to staff for discussions with the Applicant. Mayor Teglia opened the Public Hearing. Director of Economic & Community Development Solomon gave the staff report. Mayor Teglia closed the Public Hearing. MIS Penna/Drago - To adopt the Resolution. RESOLUTION NO. 52-93 Carried by unanimous voice vote. City Clerk Battaya read the title of the ordinance in its entirety. Mayor Teglia opened and closed the Public Hearing. M/S Drago/Penna - To waive reading and introduce the ordinance. Carried by unanimous voice vote. ITEMS FROM COUNCIL There were no reports from Council. 4/28/93 Page 16 A~ENDA AC~!~N TAK~ ITEMS FROM COUNCIL 7a. Update on legislation from Fire Chief. GOOD AND WELFARE CLOSED SESSION 18. Closed Session'for"thepurpose of the discussion of personnel matters, labor relations, property negotiations and litigation. ADJOURNMENT: 140 ITEMS FROM COUNCIL Fire Chief Stark related that AB1484 had been defeated which would affect ability to perform para- medic emergency services. GOOD AND WELFARE No one chose to speak. CLOSED SESSION The Council chose not to hold a Closed Session; M/S Yee/Penna - To adjourn the meeting to Friday, 4/30/93, at 4:00 p.m. in City Council Conference Room, City Hall, for a Closed Session on the City Manager recruitment pursuant to Government Code. Carried by unanimous voice vote. Time of adjournment was 1' 15 a.m. rcESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. ortfa sC;;r~ sT eangliFar'~Mc ~J~;r 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. 4/28/93 Page 17