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HomeMy WebLinkAboutMinutes 1971-12-06TIME: PLACE:_ CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION: ROLL CALL:_ MINUTES: PRESENTATION OF CLAUDEH. BENHAM TROPHY: REGULAR CLA I MS: PARKING DISTRICT NO. I CLAIMS: ESTABLISHMENT OF FIVE- MINUTE SPEAKING TIME: PUBLIC HEARING APPEAL FROM.UP-203 DENYING COMMERCIAL PLANNED UNIT DEVELOP- MENT WESTBOROUGH-WEST PARK 2: REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, DECEMBER 6, 1971 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 and due to the absence of Monsignor Eugene Gallagher of All Souls Catholic Church, no Invocation was given. Present: Absent: Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren STeinkamp. Councilman F. Frank Mammini. Mayor Borba asked if there was a motion app-rOving the Minutes of the :regular meeting of November 15, 1971. Councilman Stei~kamp moved, seconded by CounCilman Bertucelli and regularly carried, that the Minutes of the regular meeting of NOvember 15, 1971, be approved as submitted. Mayor Borba at this time called on Commodore. Douglas Bishop who presented to Council the Pacific Inter-Club Yacht Association in Memory of Claude H. Benham for Opening Day Parade Attendance Trophy. Mayor BOrba complimen,ed Commodore Bishop and the Oyster Point Yacht Club, extending his congratulations to them. Mayor Borba asked if there was a motion approving the regular claims as submitted for payn~nt. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly.~carried, that the regular claims, totaling $140,802.42,. be approved for payment. Mayor BOrba asked if there was a motion appr?ving the claims as submitted for Parking District No. I for payment. .] Councilman Ahem moved, seconded by Councilman STeinkamp and regularly carried, that the claims as submitted for Parking District No. I, totaling $19.70, be approved for payment. ? Mayor Borba at this time stated that he wished to establish rules for the present and future Council meetings in that a limit of ten minutes'L.~ime would be allowed speakers to speak on any subject. Speakers could then,be given addit.ional time if the material presented was not repetitious and could be granted by the Council in this regard. Councilman B~rtucelli so moved, seconded by Councilman Ahern after which discussion fOllowed concerning the length of time if there were a number of speakers involded in the discussions, suggesting that the motion §% amended that a limit of five minutes be established. Councilman Bertucelli accepted the amendment to his motion after which Councilman Ahern seconded the motion as amended. Discussion followed after which motion as made and amended was regularly carried. The next item was the Public Hearing on the Appeal from Use Permit Order UP-203 of the South San Francisco Planning Commission denying Commercial Planned Unit Development "H" in a Commercial Zone of Westborough-West Park 2 Planned Community District, Mayor Borba declared the Public Hearing opened, asking if any written protests had been received to which the City Clerk replied that nSne had been received by his office. Mayor Borba then asked if anyone present in the audience wished to speak on the matter. Lengthy discuSsion followed at which time the following persons spoke on the subject. Mr. Donald'Gamma, 3790 Cork Place, with the use of a diagram, protested the granting of the Use Permit in that there were sufficient gas stations and markets to service the area and that additional ones were not needed. Mr. August Chevalier, 2600 Leix Way, registered objection to the granting, remarking that the Planning Commission unanimously ~eted for denial. 'Mr. Robert Albright, 2501Albright Way, stated that some two years previously, a petition had been presented to Council objecting to the granting of such a Use Permit. City Planner Pass explained the study which had been made on the request and the dis- cussions and actions when it had appeared before the Planning Commission. Discussion then followed between Councilman Ahem and City Planner Pass relative to a meeting with the applicant on a previous like request. PUBLIC HEARING APPEAL FROM UP-203: (CONTINUED) RECESS: RECALL TO ORDER: PUBLIC HEARING REZONING PARCEL KNOWN AS 520 SPRUCE AVE. TO R-2 DUPLEX RESIDEN- TIAL DISTRICT: .:-o PUBLIC HEARING GENERAL ~LAN AMENDMENT: RESOLUTION NO. 5720 APPROVING GENERAL PLAN AMENDMENT '. RESOLUT ION NO. 572 I DECLARING COUNCIL'S INTENT I ON REGARD I NG YOUTH ADV ! SORY COUNC I L: Mr. Chevalier next explained the research which had been made by a Council-appointed committee of which he was a member and the recommendations which they had made to the City Council. It was next suggested by Councilman Ahern and Councilman Bertucelli that the City Manager obtain all of the information concerning this request for submission to Council in order that a decision might be reached. Mayor Borba at this time requested that the City Manager and City Attorney compile the information. Mr. John preston, 1379 Saratoga Vista Avenue, Saratoga, 7-11 Food STore real estate representative, then read from his letter dated December 2, 1971, concluding by stating that their operation would not be detrimental to the area. Mr. Gary Boyd, real estate agent for Texaco Oil Company, spoke concerning their desire to establish a service station in the area, reciting the survey which they make prior to any installation to be sure that a service station Is needed. Mr. Ichiro Sasaki, agent of the Applicant, requested that Mr. Gamma file with the City Clerk the sketch which he had prepared and used earlier in his presentation. This was done. Mr. Sasaki then gave to each member of the City Council copies of the Minutes of the Planning Commission meeting held October 26, 1971, together with a digest of those who spoke at that time concernlng the subject matter and from which he discussed their present application, the Planning Commission's action and requested the City Council to grant the Use Permit. Mr. Jerry Higgins, 701 Hillside Boulevard, brought to the attention of the City Council that a Texaco station on Hillside Boulevard is now vacant because the operator went out of business. Mr. Manuel Castaneda, 3830 Shamrock Court, remarked that he had moved some 14 months ago and was interested in what developments had taken place. There being nothing further, Mayor Borba declared the Public Hearing closed and stated i it would be continued to the second meeting of January, 1972, for Council's decision. Mr. Donald Gamma requested that, if Council and Staff were to meet and confer on the Use Permit, he would like to be in attendance to which Mayor Borba replied that he would be so advised. Mayor Borba then declared a recess at I0:10 p.m. The meeting was then ¢eCalled to order by Mayor Borba at 10;20 p,m, with all Council in attendance with Councilman Mammini being absent. The next item for Council for Council's attenfion was the Public Hearing concerning Proposed Rezoning of a Parcel known as 520 Spruce Avenue to an R-2 Duplex Residential District. Mayor Borba declared the Public Hearing opened, asking if any written protests had been received to which the City Clerk replied that none had been received by his office. Mayor Borba then asked If anyone present wished to speak. Mr. Victor Feudale, 565 Palm Avenue, requested that the matter be c~n~inued to a meetin when the full'Council would be in attendance. There being no objections, Mayor Borba continued the Public Hearing to the 7th of Febrt 1972, The next item was the Public Hearing on the General Plan Amendment. Mayor Borba declared the Public Hearing opened, asking if any written protests had beer received to which City Clerk Rodondi replied that none had been received. Mayor Borba then asked if anyone present in the audience wished to speak on the matter. There being none, Mayor Borba declared the Public Hearing closed, In answer to Councilman Ahern, City Planner Pass explained the Circulatory Plan of streets involved after which Councilman STelnkamp moved that the recommendation of the Planning Commission be ~pproved and accepted. City Attorney Noonan suggested that, in place of a motion, a resolution be adopted ins Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION APPROVING GENE PLAN AMENDMENT PURSUANT TO PLANNING COI~qlSSION RESOLUTION NO, 2119-- GENERAL CIRCULAT PLAN OF POINT SAN BRUNO AND ENVIRONS~" Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammi After an explanation by City Attorney Noonan, Councilman Bertucelli'introduced the res lutlon entitled: "A RESOLUTION DECLARING COUNCIL'S INTENTION REGARDING YOUTH ADVISOR~ COUNCIL." RESOLUTION NO. 5721 (CONTINUED~--/~-3 RESOLUTION NO, 5722 AWARD OF CONTRACT CONSTRUCTION OF EQUIP- MENT MAINTENANCE SUPERVISOR'SQFFICE: RESOLUTION NO. 5723 AUTHORI Z I NG TERM I NAT I ON OF AGREEMENTS CONCERNING TRANS I ENT OCCUPANCY TAX Wl~ COUNTY: RESOLUTION NO, 5724 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN SAN MATEO COUNTY CONVENTION ,? V I S ITORS BUREAU: RESOLUTION NO. 5725 AUTHOR i Z I NG EXECUT I ON OF AGREEMENT FOR MUTUAL FIRE PROTECT I ON A I D: RESOLUTION NO. 5726 GRANTING GRADING PERMIT TO CHARTEI:~IOUSE INVEST- MENT COMPANY, CR()CKER BANK & CONTRACTORS: ORDINANCE NO. 625 AMENDING ORD. 564 PROV ID I NG FOR AN I HAL LICENSE FEES & SHELTER SERVICE FEES: 2nd Reading/Adoption 7 CLA I M AGA I NST THE CITY AS FILED BY JOSEPH B. McKEON: CLAIM AS FILED BY AKIHARU TERANISHI: REPORT OF DR. GARBELL: Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini. The next item was the Inter-Office Memorandum dated December !, 197I from the Director of Public Works submitting compilation of bids and recommendation of award of contract for the construction of Equipment Maintenance Supervisor's office.. Director of Public Works Goss declared the bids received and stated that the Iow bidder was Albert Martin with the bid of $3,870.00 After an explanation by the City Attorney, Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION OF AWARD OF CONTRACT CONSTRUCTION OF EQUIPMENT MAINTENANCE SUPERVISOR'S OFFICE - 1971." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini. After an explanation, Councilman Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING TEf~41NATION OF AGREEMENTS CONCERNING TRANSIENT OCCUPANCY TAX WITH THE COUNTY OF SAN MATEO.~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini. City Attorney Noonan explained the next resolution after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN SAN MATEO COUNTY CONVENTION AND VISITORS BUREAU FOR PROMOTIONAL SERVICES." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the reso- lution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR MUTUAL FIRE PROTECTION AID - STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF FORESTRY." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William B. Borba and Warren STeinkamp. Noes, none. Absent, Councilman F, Frank Mammini. The next item was the Grading Permit Application as filed by Charterhouse Investment Company to rough grade approximately 4-acre site at the SE corner of Chestnut Avenue and Antoinette Lane. After an explanation by City ATtorney Noonan, Councilman Ahern introduced the resolution entitled: "A RESOLUTION GRANTING GRADING PERMIT TO CHARTERHOUSE INVESTMENT COMPANY, CROCKER BANK AND THEIR CONTRACTORS." A representative of the California WAter Service Company at this time presented to the Director of Public Works a letter concerning the subject matter, which was ex- plained by Director of Public Works Goss after which roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini. Mayor Borba ordered the title of the ordinance read. The title of the ordinance was rea4 City Attorney then explained the ordinance and advised the Council regarding:.Pro- cedure for adoption and passage. Councilman Bertuceili moved reading of the ordinance its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Steinkamp and passed by unanimous vote. After a brief discussion, City Manager Dreisbach explained the program and reasons for the increased animal license fees. Councilman Steinkamp moved that the ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE 564, AS AMENDED, PROVIDING FOR ANIMAL LICENSE FEES AND SHELTER SERVICE FEES," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Ahern and passed by the following roll call vote. Roll call vote was as follows: Ayes, Council.men Patrick E. Ahem, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini The next item was the claim against the Ctty as filed by Mr. Joseph B. McKeon alleging property damage to his vehicle by a City-owned vehicle. Councilman Ahern moved, seconded by Councilman Bertucelll 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 C~3vernment Code Section 913915.4 and related sections of the Government Code. The claim as filed against the City by Mr. Akiharu Teranishi for alleged property damage to his automobile as a result of collision with City=owned vehicle was the next matter for Council's consideration. Councilman Bertucelli moved, seconded by Councilman Stelnkamp and regularly carried, that the claim be rejected and referred to the Clty's insurance carrier and to the office of the City Attorney; and Notice be given to claimant in accordance with Govern- ment Code Section 913915.4 and related sections of the Government Code. The next item was the Report of Dr. Garbell concerning meeting attendance authorized by the City Council. REPORT OF DR. GARBELL: (CONT I NUED) City Manager Dreisbach stated that Dr. Garbell had to leave the meeting earlier and requested the matter be continued. There being no objections, it was. so ordered. WESTBOROUGH BLVD. MEDIAN STRIP LANDSCAPE DEVELOP- MENT: The next item was the Inter-Office Memorandum dated December 2, 1971. from the Director of Public Works concerning the Westborough Boulevard Median Strip Landscape Development. Director of Public Works Goss remarked that final acceptance was not being requested at this time but that Instead, recommended that the contractor be permitted to start his 90-day maintenance period as of November 19, 1971 and that final acceptance follow the 90-day maintenance period and that 10% be retained for 35 days after final acceptance. He further remarked that the contractor be penalized the sum of $800 as penalty for not completing the work on time. Councilman Stelnkamp moved, seconded by Councilman Bertucelli and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. REPORT CONCERNING The next item was the Report from HUD concerning Westborough Park Phase II. HUD GRANT APPLICATION WESTBOROUGH PARK PHASE I1: City Manager Dreisbach reported that, in contacting Mr. Eppler of the HUD Agency late that day, was informed that no authorization had been received as of yet and that the ~ ~- status was the same as the previous meeting. Councilman Bertucelli asked if Council could take some action pending authorization from the HUD Agency. Discussion followed at which time City Manager Dreisbach suggested that, if Council wished a motion could be introduced directing Staff hire an architect to proceed with the working plans and drawings, pending approval from HUD. Councilman Steinkamp so moved, seconded by Councilman Ahern and regularly carried. EMPLOYMENT OF ARCHITECT FOR POLICE BUILDING: The next item was the employment of an architect for site selection and design of:-Police building. Discussion followed at which time Mayor Borba commented that he felt the full Council should be present when the matter was discussed. Councilman Bertucelli stated he favored the employment of a local architect. Councilman STeinkamp remarked that the efforts of the Staff in this regard should be recognized. Further discussion;followed after which Mayor Borba continued the matter for two weeks. REPORT OF LAFCO RE PROPOSED ANNEXATION OF CALLAN AND JUNIPERO SERRA LANDS TO CITY: The next item was the Report dated November 16, 1971 re: PROPOSED ANNEXATION OF CALLAN ANi JUNIPERO SERRA FREEWAY LANDS TO THE CITY OF SOUTH SAN FRANCISCO (13,303 acres more or less Brief discussion followed at which time City Attorney Noonan explained the area which was proposed to be annexed and that after all of the action had been taken by the Local Agency Formation Commission,'~.the documents to complete the City's annexation would follow. There being no objections, Mayor Borba ordered the matter accepted and placed on file. In answer to Mr. David Friedenberg as to whether or not this involved the Westborough Water District, City AttOrney Noonan stated that it had no effect on the Westborough Water District. COMMUNICATION FROM CRG CONCERNING MARINA LAND ACQUISITION: The next item was the communication from the Citizens for Responsible C~vernment con- cerning Marina Land acquisition. City Attorney Noonan stated' that the matter had been submitted to him for a report, that he had Checked the records and had prepared a two-paged report with sketches after which he read in full from his Inter-Office Memorandum of December 6, 1971. Brief discussion followed between Mr. Robert Albright and City Attorney Noonan concerning the differences in area and amounts of money; hpw the information was obtained, as well as the appraisals which had been made and whether or not further appraisals should have been made. City Attorney Noonan stated that he would provide Mr. Albright with a copy of his Memoran- dum which he requested. Discussion then followed between Mr. David Friedenberg and Director of Public Works Goss concerning the value which had been placed and the amount of footage which fronted Airport Boulevard. There being no objections, Mayor Borba requested that the Director of Public Works and City ATtorney further review the matter. ITEMS FROM STAFF:. The next matter was Items from Staff. ITEMS FROM COUNCIL: There being ~one, Council continued on to Items from Council. SUGGEST I ON TO EMPLOY PERSON TO RESEARCH FEDERAL GRANTS TO CITIES: Councilman Steinkamp brought to the attention of the City Council federal funds which were available to cities, remarking that a Bay Area city employed a member to the staff tc research funds which were available to cities, suggesting that such a staff researcher be employed. ITEMS FROM COUNC I L: (CONTINUED) GOOD AND WELFARE: ADJOURNMENT: There being no objections, City Manager Dreisbach was requested to review this request. There being nothing further, Mayor Borba asked if anyone present in the audience wished to speak under Good and Welfare. Mrs. Betty Higgins, 701 Hillside Boulevard, stated that she was cochairman of a committee to save San Bruno Mountain, distributing to the Members of the City Council a petition from a letter in which they were requesting Council's support to their petition to the County Board of Supervisors for the .creation of the San Bruno Mountain Regional Park. She read the letter in full after which she again urged the Council's support in this regard. Mayor Borba reported that Council could take no action on the matter this evening but would take the i,em under advisement. There being nothing further, Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the meeting be adjourned. Time of adjournment: 11:58 p.m. APPROVED: RESPECTFULLY SUBMITTED, Ci'~y Clerk * The discussion contained in these Minutes are excerpts and not verbatim. The proceedings of this meeting are taped and ali discussions are con,ained therein.