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HomeMy WebLinkAboutMinutes 1971-05-03REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, MAY 3, 1971 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION: ROLL CALL: MINUTES: CLAIMS: PARKING DISTRICT NO. I CLAIMS:. EL CAMINO REAL SIDEWALK PROJECT (ARROYO TO CHEST- NUT) CLAIM: MARINA CONSTRUCTION ACCOUNT CLAIM: PUBLIC HEARING PLANNING COMMISSION VARIANCE ORDER 96 FRANK D. JUKICH: 8:00 p.m. Council Chambers, City Hall. The meeting was called to order by Mayor Borba at 8:02 p.m. The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend Vyron Ao Fender of the Alta Vista Church of Christ. Present: Absent: Councilman Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp None Mayor Borba asked if there was a motion approving the Minutes of the regular meeting of April 19, 1971. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the Minutes of the regular meeting of April 19, 1971 be approved as submitted. Mayor Borba then asked if there was a motion apDroving the regular claims as submitted for payment. Councilman Steinkamp moved, seconded by CounCilman Mammini and regularly carried, that the regular claims, totaling, $62,124.17, be approved for payment. Mayor Borba asked if there was a motion approving the claims as submitted for Parking District No. I for payment. Councilman Mammini moved, seconded by Councilman Ahern and regularly carried, that the claims as submitted for Parking District No. I, totaling $56.43, be approved for payment. El Camino Real Sidewalk Project (Arroyo to Chestnut) Assessment District Claim: Marvin Church, County Clerk-Recorder, claim dated April 12, 1971 in the amount of $9.00 for recording fee. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the claim as submitted for El Camino Real Sidewalk Project (Arroyo to Chestnut) Assessment District be approved for payment. Marina Construction Account Claim: The Duncanson-Harrelson Co., claim dated March 23, 1971 in the amount of $5,167.10 for Breakwater Extension - Oyster Point Marina. Councilman Bertucelli moved, seconded by Councilman Ahern and regularly carried, that the claim as submitted for Marina Construction Account be approved for payment. The Public Hearing on the Appeal from South San Francisco Planning Commission Variance Order 96 as applied for by Frank D. Jukich was the next item for Council's attention. Mayor Borba declared the Public Hearing opened, asking if anyone present wished to speak on the subject. Mr. Frank Jukich, the appellant and applicant, stated that when he had inquired of Mr. Green of the Building Department as to whether or not a permit for the construction of the fence was necessary, he was told one was not needed; further that the new fence was to replace an old fence and would provide protection to his residence inasmuch as hie home had been burglarized on occasions. Discussion then followed at which time City Planner Pass explained the inspection which they had made of the property and the findings by the Planning Commission and its recommendation to the City Council after which Mrs. Giovanni De Marco read letters from two neighbors, Mrs. Mildred Horner and Mr. Milner in which they had no objections to the construction of the fence by Mr. Jukich. Mr. Joseph Gioffre briefly commented on the fact that the several parcels of property around Mr. Jukich's property, including that of Mr. Jukich, were formerly owned by him; that he had sold these parcels, explaining the original fencing which existed and that the present fence construction by Mr. Jukich was only of a temporary nature. Further discussion followed at which time Councilman Ahern suggested that the variance be granted inasmuch as the property owner had gone through some expense in its con- struction. Councilman STeinkamp requested that the Chief Building Inspector comment on the matter. Mr. Leonard Pittz, Chief Building Inspector, at this time explained the height limitations on fences, their construction and setbacks, remarking that a portion of the present PUBLIC HEARING PLANNING COMMISSION VARIANCE ORDER 96 FRANK D. JUKICH: (CONTINUED) fence was on the City right of way and was in violation of the Ordinance and that it was the duty of his office to enforce the Zoning Ordinance. Councilman Bertucelli recommended that the fence be allowed to remain and that, in the event of a resale or other construction taking place, the fence be removed. At the request of Mayor Borba, City Planner Pass further discussed the matter, explaining how certain fences such as this one, because of topography or slope, could be permitted by a variance and that the recommendation had been based on the City's Ordinances and State laws. Councilman Mammini then explained his physical inspection of the property in question, reading from the Inter-Office Memorandum from the City Manager containing his recommend- ations, stating that he agreed with the City Manager in this regard. There being no further comments, Mayor Borba declared the Public Hearing closed. In summary, the Council considered the appeal and the exceptional or extraordinary cir- cumstances or conditions applying to the parcel which do not apply generally to the land, buildings or uses in the same district and that the granting of the application is necessary for the preservation and enjoyment of substantial property rights and will not under the circumstances of this case materially affect adversely the health or safety of persons residing or working in the neighborhood of the property and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Council further considered that the Variance and Encroachment Permit which shall contain cOnditions so that same shall terminate or may be terminated on sale, transfer or development of the parcel and, further, theEncroachment Permit may be revoked on 90-days' notice by City. City Attorney Noonan then explained a form of motion which could be adopted by the City Council if it so desired after which Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the Variance be granted but terminable on sale or development of the parcel, and in no event, later than 18 months from the date of issuance and that a 90-days' Revocable Encroachment Permit be granted providing for termination on the same conditions with the additional provision that permittees shall keep the fence and premises free of weeds and growth so as to maintain a clear view for the safety of the public. RESOLUTION NO. 5554 DETERMINING PUBLIC IN- TEREST & NECESSITY REQUIRE ACQUISITION OF CERTAIN LAND - EMINENT DOMAIN PROCEEDINGS STONEGATE RIDGE #1: City Attorney Noonan explained the first resolution as one determining that the public interest and necessity require the acquisition of certain lands for the construction and completion of street improvement by eminent domain after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE AcouISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS STONEGATE RIDGE UNIT NO. I." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5555 The resolution establishing the general prevailing rate of per diem wages was next ESTABLISHING PREVAILING explained by City Attorney Noonan for the Stonegate Ridge and adjacent lands after WAGE SCALE STONEGATE RIDGE which Councilman Bertucetli introduced the resolution entitled: "A RESOLUTION ESTABLISH- PHASE TWO HILLRIDGE LANE lNG PREVAILING WAGE SCALE STONEGATE RIDGE AND ADJACENT LANDS PHASE TWO HILLRIDGE LANE AND PARK WAY: AND PARK WAY." ~-]]~_]~--(~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J.~Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5556 CALLING FOR SEALED PRO- POSALS & FIXING LIQUI- DATED DAMAGES FOR FAIL- URE TO COMPLETE WORK STONEGATE RIDGE PHASE TWO HILLRIDGE LANE AND P~RK WAY: RESOkUTIO~ NO. 5557 AUTHORIZING TRANSFER OF FUNDS FROM CAPITAL IM- PROVEMENT TO TRUST DE- POSIT - SANITARY LANDFILL SOILS INVESTIGATION: City Attorney Noonan explained the next resolution calling for sealed proposals and fixing liquidated damages for failure of work completion for the Stonege Ridge and adjacent lands after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED STONEGATE RIDGE AND ADJACENT LANDS PHASE TWO HILLRIDGE LANE AND PARK WAY." Roll call vote was as follows: Ayes, Councilmen Patrick Eo Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan stated that the next resolution authorizing the transfer of funds from the Capital Improvement to the Trust Deposit for the sanitary landfill soils investi- gation was ready for introduction after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE CAPITAL IMPROVEMENT SALES TAX FUND TO TRUST DEPOSIT - SANITARY LANDFILL SOILS INVESTIGATION (OYSTER POINT MARINA)." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkampo Noes, none. Absent, none. RESOLUTION NO. 5558 AUTHORI Z I NG ACCEPTANCE OF DEED FROM COUNTY TAX COLLECTOR - LOT 28, BLOCK 2 OF CITY PARK ADDITION: City Attorney Noonan explained the next resolution which authorizes acceptance of a deed for property on Tennis Drive by the paying of uncollected taxes after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION AUTHORIZING ACCEPTANCE OF A DEED FROM ROSS CONTI, TAX COLLECTOR OF THE COUNTY OF SAN MATEO (0.05 ACRES MORE OR LESS, ADJACENT TO LOT 28, BLOCK 2 OF CITY PARK ADDITION)." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5559 CONFIRMING ASSIGNMENT OF ASSISTANT CHIEF OF POLICE AUGUSTINE TERRAGNO: City Attorney Noonan stated that the next resolution concerning the assignment of the Assistant Chief of Police was ready for introduction after which City Manager Dreisbach explained the appointment as it was to be made. RESOLUTION NO. 5559 (CONTINUED) RESOLUTION NO. 5560 APPROVING PLANS & SPECS CALLING BIDS - PAINTING CITY BUILDINGS, 1971: ORDINANCE NO. 614 PROHIBITING THE GIVING OR RECEIPT OF CERTAIN CAMPAIGN CONTRIBUTIONS: 2nd Reading/Adoption CLAIM AS FILED BY MR. DOUGLAS GOODMAN CLAIM AS FILED BY MR. WILLIAM D. CORRIN: P.C. RESO. NO. 2115 RZ-18 WESTBOROUGH-WEST PARK #3: Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION CONFIRMING THE ASSIGNMENT OF THE ASSISTANT CHIEF OF POLICE,~' Mayor Borba at this time called on Chief of Police Rosano, present in the audience, who stated that he was pleased to recommend the appointment of Captain Augustine Terragno, a most dedicated employee, to the position of Assistant Chief of Police. Councilman Ahern stated that it was his understanding that this was not to be a new position but one of an honorary nature to which Police Chief Rosano replied that this was correct. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. The next item was the Inter-Office Memorandum dated April 28, 1971 from the Director of Public Works recommending approval of plans and specifications, and requesting authori- zation to advertise for bids for the painting of City Buildings, 1971. After an explanation by City Attorney Noonan, Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZI'NG THE WORK AND CALLING BIDS FOR PAINTING CITY BUILDINGS, 1971.~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Mayor Borba ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan t~en:, explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Steinkamp moved reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Bertucelli and passed by unanimous vote. Councilman Mammini moved that the ordinance entitled: "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROHIBITING THE GIVING OR RECEIPT OF CERTAIN CAMPAIGN CONTRIBUTIONS," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Steinkamp and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick Eo Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none, The next item was the claim as filed by Mr. Douglas Goodman alleging property damage to his vehicle as a result of a drainage ditch at Fairway and West Orange Avenue. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney; and Notice be given to claimant in accordance with Government Code Section 913915.4 and related sections of the Government Code. The next matter for Council's attention was the claim against the City as filed by Mr. William D. Corrin alleging damages as a result of City's enforcement of the Building Code. Councilman Bertuce.lli moved, seconded by Councilman Steinkamp and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney; and Notice be given to claimant in accordance with Government Code Section 913915.4 and related sections of the Government Code. The next item was the Planning Commission Resolution No. 2115 entitled: "RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING TO THE CITY COUNCIL THEREOF THAT RZ-18, PETITION OF MICHAEL C. CALLAN, TO AMEND THE ~'ZONING MAP-- WESTBOROUGH-WEST PARK #3, APPENDIX A TO ORDINANCE NO. 575," AND THE 'WESTBOROUGH, WEST PARK PLANNED COMMUNITY SITE PLAN,' AS ADOPTED UNDER SECTION III OF ORDINANCE NO. 511 BE APPROVED, AND THAT THE REDISTRICTINGS (REZONINGS) PROPOSED THEREUNDER BE ENACTED INTO ORDINANCE." Mayor Borba at this time requested the City Planner, present in the audience, to comment on the resolution. City Planner Pass explained the rezoning which was to take place on the northeasterly corner of Westborough and Callan Boulevards and the southwesterly corner of Callan Boulevard and King Drive and the development which was to take place in each of the areas, mentioning the types of occupancy. At the request of Mayor Borba, the City Attorney explained that a hearing would be necessary in this regard, suggesting that the hearing be held on May 17, 1971. Mr. August Chevalier, 2600 Leix Way, remarked that he was one of the committee members who had spent a great deal of time and energy in evaluating the properties, rezonings and potential uses, stating that he was not in agreement with the City Planner or recom- mendation of the Planning Commission and was opposed to any further construction of gas stations within the neighborhoods, as well as any Speedy Markets Mr. Donald Gamma, 3790 Cork Place, remarked that the residents of the area opposed further gas stations, stating that there were too many presently and more proposed in the ad- jacecn'Serra~n~ Subdivision. He suggested that no public hearing be held in this regard but that the matter be referred back to the Planning Commission with a denial. Further discussion followed at which time City Planner Pass explained the posting of the property which had been made, the notification to the various home owners associations in the area and the exchange of lands as it had been made. He likewise commented on the future off-ramps which were to be constructed for freeway purposes in this area, that the Planning Commission had worked to upgrade this development. P.C. RESO. NO. 2115 RZ-18 WESTBOROUGH-WEST PARK #3: (CONTINUED~ REQUEST FOR RELEASE OF OCCUPANCY DEPOSITS WESTBOROUGH-WEST PARK 2A: CHANGE ORDERS I0, II, 12 FINAL QUANTITIES - WEST- BOROUGH BLVD. IMP.: CHANGE ORDERS I, 2, 3 SO. AIRPORT BLVD. W I DEN I NG: APPOINTMENT TO ADVISORY COMMITTEE FOR FLOOD CON- TROL ZONE: There being nothing further and there being no objections, the resolution of the Planning Commission was scheduled for a Public Hearing to be held May 17, 1971. The next item was the communication dated April 19, 1971 from Mr. Henry L. Richman, Vice President of J. H. Snyder Company, requesting release of Occupany Deposits for Lots 159, 163, 164, 168, 169, 170 and 171 in Westborough-West Park 2A. Accompanying was the Inter-Office Memorandum dated April 21, 1971 from Landscape Specialist John Hoffman recommending release of the Occupancy Deposits. In answer to Mayor Borba's inquiry, Director of PublicWorks Goss stated that he had checked with the Landscape Specialist and everything was in order. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Landscape Specialist be approved and accepted. The next item was the Inter-Office Memorandum dated April 14, 1971 from the Director of Public Works concerning Change Orders Nos. I0, II and 12 and Final Ouantities in the Westborough Boulevard Improvement. Councilman Bertucelli moved that the recommendation of the Director of Public Works be approved and accepted. Discussion followed at which time the City Attorney presented a statement in this matter, recommending consideration to the adoption of a motion or resolution in this regard. City Attorney Noonan, from his statement, explained the monies which were to be retained, monies which were to be deducted for the street-cleaning expenses, liquidated damages because of loss of days and also mon~es to be withheld for the stop notices which had been filed by various contracting firms. Discussion then followed on the various items after which Councilman Bertucelli re- marked that he would introduce a resolution in this matter. Further discussion followed at which time Councilman Ahern brought to the attention of the Director of Public Works, in coming down Westborough Boulevard recently, he noted that the road was quite bumpy and suggested that the Engineering Department investigate this matter. Mr. Chevalier stated that trouble had been experienced on Westborough Boulevard and suggested that shots of the street be taken as well as an engineering investigation. Discussion then followed between Councilman Mammini and the City Attorney concerning the penalties of working days and calendar days, and which was explained by the City Attorney. At the request of Mr. Bob Albright, 2501Albright Way, the City Attorney explained his computation in this regard. Councilman Steinkamp then asked Director of Public Works Goss as to whether or not everything was in order and if the project could be accepted at this time to which he replied that there would be no objection on his part in holding the matter over two weeks in order that a complete inspection and road check would be made by Tronoff Engineers, his department, Superintendent of Streets Stoppolini and Public Works Inspector Dellapiani. Mayor Borba then asked Councilman Bertucelli if he would withdraw his resolution intro- duction to which he replied that he would. There being no objections, Mayor Borba instructed the Director of Public Works to follow through and to submit a report and that the matter be continued to the next meeting. The next item was the Inter-Office Memorandum dated April 29, 1971 from the Director of Public Works concerning Change Orders I, 2 and 3 in the South Airport Boulevard Widening. Accompanying was the communication from Kirker, Chapman and Associates concerning the matter. Counci~an Bertucelli moved, seconded by Councilman Mammini that the recommendation of the Director of Public Works be approved and accepted. Director of Public Works Goss stated that Change Order No. 2 was not required since the State had completed this work already and it was only necessary for Council to approve Change Orders I and 3, reading from his Inter-Office Memorandum in this regard. Motion as made and seconded that the recommendation of theDirector of Public Works concerning Change Orders I and 3 be approved and accepted, was regu~l~arly carried. The communication dated April 21, 1971 from Mr. V. K. Sanders, Flood Control Manager, County of San Mateo, forwarding roster of membership of the Advisory Commitee for the Colma Creek Flood Control Zone and requesting appointment to Board and schedule of meetings was the next matter for Council's consideration. Councilman Steinkamp moved, seconded by Co,nc.ii,an Bertucelli that City Manager Dreisbach be appointed to the Advisory Committee in place of Mr. Eugene Aiello, former City Manager. Mayor Borba remarked that the appointment stipulated a residency requirement and inasmuch as the City Manager had been unable as yet to find suitable residence for APPO I NTMENT TO ADV I SORY COMMITTEE FOR FLOOD CON- TROL ZONE: his family, suggested that Assistant City Manager Laurence Ross be appointed to this position. This was agreeable to the City Manager after which Councilmen Steinkamp and Bertucelli stated that there was no objection to changing their motion and second to appoint Assistant City Manager Ross as a member of the Advisory Committee, Mayor Borba also suggested that Mr. Norman Hynding's appointment be replaced with Mr. Donald Grimes and Mr. Sofranic's appointment be replaced with Mr. Richard Batttaglia's appointment to this committee. The additional appointments of Mayor Borba were accepted to the motion and second after which motion and second were regularly carried. REQUEST TO HOLD ANNUAL BOYS' CLUB FESTIVAL: The next item was the communication dated April 26, 1971 from the South San Francisco Boys' Club, Incorporated, requesting permission to hold the annual Boys' Club Festival on June 5 and 6, 1971. Councilman Steinkamp moved, seconded by Councilman Mammini that the request as submitted be granted. Councilman Bertucelli suggested that future requests of this nature be handled administra- tively to which the City Manager replied this would be done. Motion as made and seconded was regularly carried. ITEMS FROM STAFF: Items from Staff were the next consideration of City Council. RESOLUTION NO.~~ 5561 City Manager Dreisbach stated that a resolution had been prepared declaring the Council's DECLARING COUNCIL'S intention to disestablish the Downtown Merchants' Business Improvement Area and suggested INTENTION TO DISESTABLISH a Public Hearing be scheduled for June 7, 197I, which was so ordered. DOWNTOWN MERCHANTS' BUSI- NESS IMP. AREA: Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION DECLARING THE COUNCI'S INTENTION TO DISESTABLISH THE DOWNTOWN MERCHANTS' BUSINESS IMPROVEMENT AREA OF THE CITY OF SOUTH SAN FRANCISCO AND REPEAL ORDINANCE 610 PASSED DECEMBER 21, 1970." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5562 DEFERRING COLLECTION OF ADDITIONAL LEVY - TAX: City Manager Dreisbach remarked that the next resolution would authorize deferment of tax levy collection in the Downtown Merchants' Business Improvement Area after which Council- man Steinkamp introduced the resolution entitled: "A RESOLUTION DEFERRING COLLECTION OF ADDITIONAL TAX LEVY PROVIDED BY ORDINANCE NO. 610." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. ORDINANCE AMENDING ORDINANCE 611 PROHIBITING SALE OF CERTAIN NON-RETURNABLE OR DISPOSABLE BEVERAGE CON- TAINERS: Ist Reading/Introduction City Manager Dreisbach stated that the last item from staff concerned Ordinance No. 611 which prohli§ited the sale of certain non-returnable or disposable beverage containers and at the time of adoption, Council had appointed a committee of proponents and oppo- nents to meet and submit a report to Council prior to its effective date of July I, 1971. He explained the necessity of having a first reading this evening of an ordinance if Council desired to rescind or declare a moratorium, further explaining the little progress which had been made by this committee. Lengthy discussion followed at which time the following persons spoke and offered their suggestions concerning this matter. Mr. John Tanti, 229 Camaritas Avenue, remarked that only two meetings had been scheduled and insufficient time was available in which to bring experts into the studies and requested an extension for more study. Mr. Chuck Smith, Director of Community Pride, explained the recycling program at the South San Francisco Highschool. Mr. Gene Mullins, instructor and History Department Head of South San Francisco High School, commented on the meeting which he had earlier with Mayor Borba and Councilman Bertucelli. He stated that the three students who earlier were the proponents for the bottle and can ordinance were attending a meeting of the City Council at Mill Valley this evening concerning the adoption of the same type of legislation and~ therefore, would be unable to be present. He remarked that the students would be disappointed by a moratorium action of the City Council. He further commented on the recycling program and stated that his group would be willing to w~rk with any committee, Councilman Mammini stated that it was not his intent that the ordinance should be disregarded, remarking that it was his opinion recycling centers were not the answer. Mr. Mullins suggested more collection points in the City in order for a recycling program to work property. Councilman Mammini remarked that the public would not return items as was requested after which Councilman Ahem stated that the State legislature should be working on this matter since this is the area in which it would be accomplished. Mr. Robert Volosing, 2228 Kenry Way, agreed with the remarks of Mr. Mullins, stating that the City Council should not consider doing away with the previously adopted ordinance. Councilman Steinkamp questioned why consideration should be given to further meetings. ORDINANCE Councilman Bertucelli stated that a committee had been set up between the two groups AMENDING ORDINANCE 611 but that there had not been too many meetings held, that the ordinance was not in PROHIBITING SALE OF danger and that a continuance would only allow the two groups to remeet in an effort CERTAIN NON-RETURNABLE OR to obtain a solution. He recommended a continuance date to December 31, 1971. DISPOSABLE BEVERAGE CON- TAINERS: Ist Reading/Introduction (CONTINUED) ? At this time the students who had previously proposed the ordinance to Council arrived from their meeting in Mill Valley. The first to speak was Bob Bowen who summarized the results of their meeting, explaining the process that must be followed in the recyclying program in that bottles and cans had to be sorted by color, material, etc. He stated that, with this present ordinance, this would not be necessary. David Fassler, 494 Valencia Drive, spoke on the attempts which had been made to schedule meetings but with little success. Councilman Mammini remarked that when the ordinance had been passed, it had been recom- mended that the two committees met in an attempt to come up with a solution and that since none had been ~r~hcoming, his opinion was that the ordinance existed. Mr. Tanti stated that it was their desire to have people meet in the restudy who were experts in recycling. Mr. Chuck Smith of Community Pride stated that they would move out if their program were not acceptable, commenting on the amount of products which were not being recycled. He stated that he knew their present location was not ideally located, naming the other centers located in the Bay area. Mr. James Dale, representing the glass manufacturers, remarked on the funding of Community Pride, stating,.it w~..m~ appropriate to judge the program in one week, commenting on the long range solution. He stated that he hoped that progress would come as a result of more meetings. He urged continuance of this item. Mr. John Yantis, 239 Armour Avenue, suggested that Council proceed with the first reading of the ordinance which could be rescinded prior to July I if a solution could be reached. Mr. Mullins at this time discussed with the City Attorney the matter of the resolution which had been passed at the time that the ordinance had been adopted and which provi!ded for the study between the two committees. RECESS: Mayor Borba declared a recess at 10:35 p.m. RECALLED TO ORDER: The meeting was recalled to order at 10:44 p.m. At this time, Mr. Mullin requested the City Attorney to read the resolution which had been adopted which he did and explained the contents thereof. Further discussion followed during which time Mr. Mullins spoke concerning the resolution and the work of Community Pride, stating that it was his feeling that the ordinance, in its present form, would work. Mr. Phillip Voo~heis, Environmental Affairs Manager of Owens Illinois Glass Company, commented on the 495 items which were presently on the shelves in markets and which were packages in non-returnable containers, that the present ordinance only concerned beer and soft drinks and, in his opinion, was unfair. Bob Bowen remarked that the ordinance was not being given a chance to see if it would work, that a moratorium would cause the ordinance to become lost and that they desired to see the ordinance take effect. The representative of American Can Company expressed a desire to see the recycling pro- gram work, explain~n~ the number of containers which his company manufactured, further stating that this would cause a serious economic situation for them if the ordinance were to become effective. Discussion then followed between Councilman Mammini and the Gentleman concerning the newspaper article with regard~ the ~location of his plant. Mr. Charles Holmes, President of Coca Cola Bottling Company of California, in discussing the ordinance, stated that it was discriminatory to his company and to the beer company, that the ordinance was not the answer to the problem, citing from a rec:nt article as written by Mr. Stefanelli of the Sunset Scavenger Company in which it was pointed out that a very small percentage of the garbage collected was made up of non-r~turnable bottles and cans. He suggested that the recycling program be allowed to operate through the garbage companies who were knowledgable insofar as sorting the various bottles and cans. It was his opinion that Community Pride offered a program which could work. Mr. Leon Dillinburg of the Bay Area Grocers' Association remarked on the salary which was paid a journeyman clerk for the sorting of bottles in markets, suggesting an ex- tension of the effective date of the ordinance in order that the recycling program could be allowed to prove its worth. Mr. Harry Shelton of the Coca Cola Bottling Company of Burlingame, commented on his recent conversation with a local store owner who stated that one out of every ten cases of returnable bottles were returned. Mr. Robert Po lzoni commented that, in his opinion, recycling through the State level would be effective, that total recycling could not be had until such time as the State entered into this area, that the banning of non-returnables would help only in a small way, reading from an article on the matter of diposal sites. ORDINANCE AMENDING ORDINANCE 611 Ist Reading/Introduction (CONTINUED) Mr. Robert Getchel of the Dr. Pepper Bottling Company of Daly City remarked that this would have an economical effect on his livelihood, commenting on the other products which should be included as well as non-returnable bottles and cans. Mr. John Yantis suggested to Council the matter being placed on the next April Election to allow the people to vote on this matter. Councilman Bertucelli at this time suggested that instead of a six-months' moratorium, a three-months' moratorium be considered. Councilman Steinkamp remarked that the issue appeared clear cut and required determination for the City to lead the way, requesting enforcement of the present ordinance. Councilman Bertucelli replied that the City would continue to show its leadership and that the request at this time was for only a ninety-day moratorium study at which time those interested, including industry, could meet. Discussion then followed at which time, Mr. Bob Bowen was asked if they would go along with the moratorium to which he replied that they would. Discussion then followed concerning the composition of the committees after which Mayor Borba ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding pro- cedure for introduction. Councilman Bertucelli moved that reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first time by reading title only, seconded by Councilman Ahern and passed by the following vote: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Noes, Councilmen F. Frank Mammini and Warren Steinkamp. Councilman Bertucelli moved that the ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE NO. 611, PASSED JANUARY 18, 1971, ENTITLED, 'AN ORDINANCE OF THE CITY OF SOUTH SAN FRAN- CISCO, CALIFORNIA, PROHIBITING THE SALE OF CERTAIN NON-RETURNABLE OR DISPOSABLE BEVERAGE CONTAINERS WITHIN THE CITY OF SOUTH SAN FRANCISCO,'" the entire reading of which has been duly waived, be introduced, seconded by Councilman Ahern and passed by the following roll call vote: Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Noes, Councilmen F. Frank Mammini and Warren Steinkamp. Absent, non APPO I NTMENT TO RECYCL I NG COMM I TTEE: ITEMS FROM COUNCIL: Mayor Borba at this time appointed as Chairman to the Environmental Ecology Committee Councilman Bertucelli, appointing to assist him, Messrs. Donald Grimes, Gordon Boblitt and Terry Mirri. The item concern~ items from Council was the next matter for Council's attention. BERUTIFICATION COMMITTEE APPOINTMENTS:,..~;~:~ ANNEXATION COMMITTEE APPOINTMENT: SENIOR CITIZENS COMMITTEE APPOINTMENT: INQUIRY CONCERNING PERSON & SWANSO~PARCEL: ITEMS FROM ATTORNEY GENE~L'S OFFICE: Mayor Borba reappointed to the Beautification Committee Councilman Patrick Ahern and appointed Councilman Frank Mammini. Mayor Borba then appointed to the Annexation Committee, Councilmen Warren Steinkamp and Frank Bertucelli. He then appointed to the Senior Citizens Committee Councilmen Patrick Ahern and Frank Bertucelli. Councilman Mammini at this time asked the City Attorney as to the status on the acqui- sition of the property owned by Person and Swanson which was explained to him. Councilman STeinkamp at this time brought to the attention of the City Council a request of the Attorney General's office concerning support to some of his requests as contained in his letter. There being no objections, Mayor Borba stated that this matter would be considered at one of the Council meetings. ADDITIONAL APPOINTMENT Mayor Borba at this time appointed Mr. John Yantis as a member of Councilman Bertucelli's TO RECYCLING COMMITTEE: committee on recycling. COMMUNICATION RE: RECENT Mr. Donald Gamma, 3790 Cork Place, read from from his communication dated May 3, 1971 APPOINTMENT OF MR. BOTIEFF concerning the recent appointment of Mr. William Botieff as a member of the Planning TO PLANNING COMMISSION: Commission, after which he gave copies of the communication to the members of the City ~--~J~ Council and to the City Manager. REQUEST TO HAVE SCAVENGER Mr. Donald Grimes, 123 Francisco Drive, at this time expressed his thanks to the Council RATES PUBLISHED: for his appointments after which he brought up the matter of the garbage rates which he ~_~~-~ had been charged, stating that, in checking, found he was being overcharged and upon taking this matter up with the Scavenger Company, was given a refund. He suggested that someone in the City should publicize the fee schedule for the scavenger charges. Mr. Grimes also discussed the matter of material as it was hauled out of the City by the Scavenger Company. ADJOURNMENT .' There being nothing further and there being no objections, Mayor Borba adjourned the meeting to May 12, 1971 at 7:30 p.m. in the City Council Conference Room. Time of adjournment: 12:02 ~.m. APPROVED: RESPECTFULLY SUBMITTED, Councilman Bertucelli replied that the City would continue to show its leadership an~ that the request at this time was for only a ninety-day moratorium study at which tim those interested, including industry, could meet. Discussion then followed at which time, Mr. Bob Bowen was asked if they would go alon with the moratorium to which he replied that they would. Discussion then followed concerning the composition of the committees after which May~ Borba ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding pr cedure for introduction. Councilman Bertucelll moved that reading of the ordinance ir its entirety be waived and that the ordinance be introduced and read for the first tim by reading title only, seconded by Councilman Ahern and passed by the following vote: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Noes, Councilmen F. Frank Mammini and Warren Steinkamp. Councilman Bertucelli moved that the ordinance entitled: "AN ORDINANCE AMENDING ORDIN NO. 611, PASSED JANUARY 18, 1971, ENTITLED, 'AN ORDINANCE OF THE CITY OF SOUTH SAN FRA CISCO, CALIFORNIA, PROHIBITING THE SALE OF CERTAIN NON-RETURNABLE OR DISPOSABLE BEVERA~ CONTAINERS WITHIN THE CITY OF SOUTH SAN FRANCISCO,'" the entire reading of which has been duly waived, be introduced, seconded by Councilman Ahern and passed by the follow roll call vote: Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Noes, Council~n F. Frank Mammini and Warren Steinkamp. Absentj APPOINTMENT TO RECYCL I NG COMM I TTEE: ITEMS FROM COUNCIL: Mayor Borba at this time appointed as Chairman to the Environmental Ecology Committee Councilman Bertucelli, appointing to assist him, Messrs. Donald Grimes, Gordon Boblitt and Terry Mirri. The item concern~ items from Council was the next matter for Council's attention. BE~UTI~'IGATION COMMITTEE Mayor Borba reappointed to the Beautification Committee Councilman Patrick Ahern and APPOINTMENTS:~~ appointed Councilman Frank Mammini. ANNEXATION COMMITTEE Mayor Borba then appointed to the Annexation Committee, Councilmen Warren Steinkamp and APPOINTMENT: Frank Bertucelli. SENIOR CITIZENS COMMITTEE He then appointed to the Senior Citizens Committee Councilmen Patrick Ahern and Frank APPOINTMENT: INQUIRY CONCERNING PERSON~_SWANSON PARCEL: ITEMS FROM ATTORNEY GENERAL'S OFFICE: Bertucelli. Councilman Mammini at this time asked the City Attorney as to the status on the acqui- sition of the property owned by Person and Swanson which was explained to him. Councilman STeinkamp at this time brought to the attention of the City Council a request of the Attorney General's office concerning support to some of his requests as contained in his letter. There being no objections, Mayor Borba stated that this matter would be considered at one of the Council meetings. ADDITIONAL APPOINTMENT Mayor Borba at this time appointed Mr. John Yantis as a member of Councilman Bertucelli'~ TO RECYCLING COMMITTEE: committee on recycling. COMMUNICATION RE: RECENT Mr. Donald Gamma, 3790 Cork Place, read from from his communication dated May 3, 1971 APPOINTMENT OF MR. BOTIEFF concerning the recent appointment of Mr. William Botieff as a member of the Planning TO PLANNING COMMISSION: Commission, after which he gave copies of the communication to the members of the City ~'-0C~ Council and to the City Manager. REQUEST TO HAVE SCAVENGER Mr. Donald Grimes, 123 Francisco Drive, at this time expressed his thanks to the Council RATES PUBLISHED: for his appointments after which he brought up the matter of the garbage rates which he ~__~_~-~ had been charged, stating that, in checking, found he was being overcharged and upon taking this matter up with the Scavenger Company, was given a refund. He suggested that someone in the City should publicize the fee schedule for the scavenger charges. Mr. Grimes also discussed the matter of material as it was hauled out of the City by the Scavenger Company. ADJOURNMENT: There being nothing further and there being no objections, Mayor Borba adjourned the meeting to May 12, 1971 at 7:30 p.m. in the City Council Conference Room. Time of adjournment: 12:02 ~.m. APPROVED: RESPECTFULLY SUBMI TTED, C~ty Clerk *The remarks contained in these Minutes are excerpts and not verbatim. The DrOCeP, rtinn~ (~ ~'h|m m~|nn ~o -I'~n~rt ~n~ ~11 ~tl~-,,~in~ ~ ~+=i~ +~in.