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HomeMy WebLinkAboutMinutes 1972-02-07REGULAR MEETING OF THE CITY COUNCIL OF THE CI1Y OF SOUIH SAN FRANCISCO HELD MONDAY, FEBRUARY 7, 1972 10 TIME: 8:00 p.m. PLACE~ Council Chambers, City Hall. CALL TO ORDER:__~ayor Borba called the meeting to order at 8:02 p.m. PLEDGE OF ALLE- GIANCE AND INVOCATION: INTRODUCTION OF SCOU -S ' ROLL CALL:. The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend Harry Larson of the First Baptist Church. Mayor Borba at this time acknowledged the presence of a Scout Master and Troop of Boy Scouts. Present: Absent: Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren STeinkamp None PRESENTATION TO POLICE OFFICERS MORELLO, SUTTON AND /i]'FTERHOLM: MINUTES :- Mayor Borba called on Police Officers Michael A. Morello, Myron R. Sutton and Charles E. Zetterholm and presented a framed copy of their resolution and plaque commending them for bravery in line of duty to each of the officers. Mayor Borba then asked if there was a motion approving the Minutes of the re§ular meeting of January 17, 1972. Councilman Bertuce~tli moved, seconded by Counci man Mammini and regu- larly carried, that the Minutes of the regular meeting of January 17, 1972 be approved as submitted. REGULAR CLAIMS: Mayor Borba sked if there was a motion approving the regular claims as submitted for payment. Councilman Ahern moved, seconded by Councilman Bertucelli and regularly carried, that the regular claims, totaling $94,903.12, be approved for payment. PARKING DISTRICT Mayor Borba asked if there was a motion approving the claims as sub- NO. I CLAIMS: mitted for Parking District No. I for payment. Councilman STeinkamp moved, seconded by Councilman Mammini and regularly carried, that the claims as submitted for Parking District No. I, totaling $79.48, be approved for ~ayment. CABOT, CABOT & Cabot, Cabot & Forbes Industrial Park, Unit No. 3 Claims: FORBES IND. PARK UNIT NO. 3 CLAIMS:(a) Wilson, Jones, Morton & Lynch claim dated January 24, 1972 in the amount of $21,129.12 for legal services rendered. (b) Wilsey & Ham claim dated January 28, 1972 in the amount of $3,507.58 for engineering services - construction staking. (c) Wilsey & Ham claim dated January 28, 1972 in the amount of $3,388.44 for contract administration, resident engineering and inspection services. (d) Piombo Corporation claim dated December 29, 1971 in the amount of $17,247.60 for work completed during December 1971. Inter-Office Memorandum dated February I, 1972 from Director of Public Works recommending payment of the following claims as submitted by Wilsey & Ham, Engineers, payment to be made to Cabot, Cabot & Forbes California Properties, Inc., 'to reimburse them for monies advanced to the following: CABOT, CABOT & Cabot, Cabot & Forbes Industrial Park, Unit No. 3 Claims: (Continued) FORBES IND. PARK UNIT NO. 3 CLAIMS:(e) David Ingram claim dated January 5, 1972 in the amount of (CONTINUED) $2,775.00 for appraisal required for Engineer's Report. (f) C. A. Magistretti Co., claim dated January 6, 1972 in the amount of $2,634.47 for cost of blasting. (g) Eilert & Smith claim dated January 5, 1972 in the amount of $10,320.70 -excavation work performed. (h) Cooper, Clark & Associates claim dated January 5, 1972 in the amount of $26,228.55 for soils engineering investigation & services. (i) Wilsey & Ham claim dated January 5, 1972 in the amount of $41,359.31 for cost of civil engineering services. Councilman Bertucelli moved, seconded by Councilman Mammini and regu- larly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 3, be approved for payment. APPEAL FROM UP 203 CONTINUANCE: The next item was the continuance - 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. City Attorney Noonan remarked that while the hearing had been closed, Council, if they so Wished, could hear additional arguments concerning the Use Permit in order to make their decision. Mayor Borba stated that the Council would listen to comments from anyone who wished to speak. Lengthy discussion followed at which time the following persons made their comments: Mr. Donald Gamma, 3790 Cork Place, asked concerning any new plans which may have been received by the City Staff. Mr. Ichiro Sasaki, Architect for Caesar Callan Homes, Inc., remarked that this was not a request for rezoning, but an application for a Use Permit and then explained their proposed development. Mr. Gamma, from his previously prepared exhibit, explained the commer- cial development as it presently existed and the proposed development. Mr. Sasaki further explained their plans for the development of the commercial area. Mr. Michael Callan, from Mr. Gamma's illustration, explained the pro- posed development and the background from their original plans. City Planner Daniel Pass in detail explained the Use Permit when it was before the Planning Commission and the grounds on which their recommend- ation had been made. RECESS ~__ Mayor Borba declared a recess at 8:57 p.m. RECALL TO ORDER;___Mayor Borba recalled the meeting to order at 9:07 p.m. with all Council City Attorney Noonan at this time explained the matter when it first came before Council to its present time after which he proposed to Council, if they so desired, to grant the permit and that the developer defer building for ninety days, defer construction for ninety days, so that there could be a review to determine if the lay-out could be im- proved so that it is more compatible with the area. -2- APPEAL FROM UP 203 CONTINUANCE: (CONTINUED) Councilman Ahern moved that Council does not deny. Councilman Ahern then moved that ?he City Attorney is granted the permission to draw a resolution in favor of this particular development. Councilman Bertucelli seconded the motion. Discussion then followed after which roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli an~ William A. Borba. Noes, Councilmen F. Frank Mamm ini and Warren Steinkamp. Absent, none. PUBLIC HEARING The next item for Council's attention was the Public Hearing - PRO- PROPOSED REZONING POSED REZONING OF A PARCEL KNOWN AS 520 SPRUCE AVENUE TO AN R-2 520 SPRUCE AVE~ DUPLEX RESIDENTIAL DISTRICT. TO R-2 DU! ~Lii~. R. D!ST]!,~i: In accordance with the request of the a~plicant and there being no ~ ~ ~ objections, the Public Hearing was continued to a later meeting. --~. RESO. NO. '~752 The first resolution was explained by City Attorney Noonan after which C--~MMENDIN~'~LICE Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION OFFICERS F©F. COMMENDING POLICE OFFICERS FOR BRAVERY IN THE PERFORMANCE OF DUTY." BRAVERY~ ~7~3 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. RESO. NO. 5753 Mr. Kenneth Jones of the law firm of Wilson, Jones, Morton & Lynch AUTHORIZING FILING explained the next fourteen resolutions, the first of which concerned OF WRITTEN ARGU- MENT FOR CITY MEASURE: a City measure in the coming Municipal Election. City Attorney Noonan was excused from the meeting in order the? he might prepare the resolution concerning Use Permit 203. Councilman Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING FILING OF WRITTEN ARGUMENT FOR CITY MEASURE." 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. RESO.'NO. 5754 DETERMINING SUF- FICIENGY OF REVENUES - SEWER PROJECT: Mr. Jones explained the next resolution concerning the sufficiency of revenues and declaring Council's policy for the waste water project after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION DETErmINING SUFFICIENCY OF REVENUES AND DECLARING POLICY OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ON BONDED INDEBT- EDNESS FOR SEWER PRDJECT." 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. RESO. NO. 5755 pRE~ I M i NAR I LY APPROVING ENGI- NEER'S REPORT; FIXING TIME AND PLACE OF HEARING The next resolution concerning Antoinette Lane Street Opening Project Assessment District was explained by Mr. Jones after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION PRELIMIN- ARILY APPROVING ENGINEER'S REPORT, AND FIXING TIME AND PLACE OF HEARING THEREON, UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE ANTOINETTE LANE STREET OPENING PROJECT ASSESSMENT DISTRICT." ANTOINETTE I ANE ST. OPENI~ PROJ~.~ ~T': Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, ~~z~/ Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 575~ Mr. Jones explained the next resolution after which Councilman Mammini PRELIMINARY APPRO-introduced the resolution entitled: "A RESOLUTION OF PRELIMINARY VAL ENGINEER'S APPROVAL OF ENGINEER'S REPORT ANTOINETTE LANE STREET OPENING PROJECT REPORT ANTOINETTE ASSESSMENT DISTRICT." LANE ST. OPENING PROJECT RESO. NOo 5756: Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, (CONTINUED) Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren ~-~ ?~/ Steinkamp. Noes, none. Absent, none. RESO. NO. 5757: The resolution appointing time and place of hearing protests for the APPOINTING TIME & Antoinette Lane Street Opening Project Assessment District was explained PLACE OF HEARING by Mr. Jones after which Councilman Mammini introduced the resolution PROTESTS ANTOIN- entitled: ~'A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS ETTE LANE ST. IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING OPENING PROJECT: NOTICE ANTOINETTE LANE STREET OPENING PROJECT ASSESSMENT DISTRICT." 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. RESO. NO. 5758 Mr. Jones explained the next resolution describing the proposed boundaries DESCRIBING PRO- and directing filing of boundary map and assessment diagram for the POSED BOUNDARIES assessment district after which Councilman Bertucelli introduced the OF ASSMT. DIST. resolution entitled: "A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ANTOINETTE LANE S1. ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT ASSESSMENT DIST.: DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT ANTOINETTE LANE STREET OPENING PROJECT ASSESSMENT DISTRICT." 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. RESO. NO. 5759 After an explanation by Mr. Jones, Councilman Steinkamp introduced the ESTABLISHING PRE- resolution entitled: "A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE VAILING WAGE ANTOINETTE LANE STREET OPENING PROJECT ASSESSMENT DISTRICT." SCALE ANTOINETTE LANF ST. OPENING: Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren ~S~Z//' Steinkamp. Noes, none. Absent, none. RESO. NO. 5260 CALLING FOR SEALED PROPOSALS FIXING DAMAGES ANTOINETTE LANE ST. OPENING PROJECT ASSMT. DISTRICT: The resolution calling for sealed proposals, fixing liquidated damages for failure to complete work in the assessment district was explained by Mr. Kenneth Jones after which Councilman Mammini introduced the reso- lution entitled: "A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME SPECIFIED ANTOINETTE LANE STREET OPENING PROJECT ASSESSMENT DISTRICT2~ 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. RESO. NO. 5761 Mr, Kenneth Jones next explained the resolution directing the engineer DIRECTING MAKING to prepare and file a report and amended assessment and diagram and OF AMENDED ASSESS.setfing t.ime and place for hearing in the improvement of 12 Mile Creek IMPROVEMENT OF 12 MILE CREEK ASSM]._~IST.: COUNCILMAN MAMMINI EXCUSED FROM lIFT:ii'lC' .6-/ after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT iMPROVEMENT OF 12 MILE CREEK ASSESSMENT DISTRICT." Councilman Mammini,~due to illness, was excused from the Council meeting at 9:50 p.m. 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. RESO. NO. 5762 The resolution concerning Littlefield Avenue Assessment District was DIRECTING MAKING explained by Mr. Jones after which Councilman Steinkamp introduced the OF AMENDED ASSMT. resolution entitled: "A RESOLUTION DIREC~I~G MAKING OF AMENDED LITTLEFIELD AVE. ASSESSMENT RE CERTAIN ASSESSMENTS UNDER RESOLUTION OF INTENTION NO. 3133 ASS!q. DI~'T.: LITTLEFIELD AVENUE ASSESSMENT DISTRICT CITY OF SOUTH SAN FRANCISCO ~._.~'-~_~ ASSESSMENT NO. 6." -- 4 -- RESO. NO. 5762: (CONTINUED) RESOo NO. 5763 DETERMINING THAT CONSTRUCTION OF SIDEWALK IS RE- 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. Mr. Kenneth Jones explained the resolution finding the construction of sidewalks is necessary for the safety of pupils on El Camino Real after which Councilman Ahern introduced the resolution entitled: "A RESO- LUTION FINDING AND DETERMINING THAT THE CONSTRUCTION OF SIDEWALKS IS QUIRED FOR SAFETY REQUIRED FOR THE SAFETY OF PUPILS ATTENDING SCHOOLS EL CAMINO REAL EL CAMINO REAL SIDEWALK PROJECT (Orange to Chestnut) ASSESSMENT DISTRICT." SIDEWALK PROJECT: -.~ .z~. ~7 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. RESO. NO. 5764 The resolution appointing attorneys for the project was next explained A~POINTiNG by Mr. Jones after which Councilman Bertucelli introduced the resolution ATTORNEYS EL entitled: "A RESOLUTION APPOINTING ATTORNEYS EL CAMINO REAL SIDEWALK CAMINO REAl. SIDE- PROJECT (Orange to Chestnut) ASSESSMENT DISTRICT." WALK PROJECT: ~-/ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, ~ ~P / Frank J. Bertucelli, William A. Borba and Warren STeinkamp. Noes, none. Absent, Councilman F. Frank Mammini. RESO. NO. 5765 Mr. Jones explained the resolution of intention fo construct improvements iNTENTION TO in the El Camino Real Sidewalk Project, after which Councilman Steinkamn CONSTRUCTION IM- introduced the resolution entitled: "A RESOLUTION OF INTENTION TO PROVEMENTS EL CONSTRUCT IMPROVEMENTS EL CAMINO REAL SIDEWALK PROJECT (Orange To CAMINO REAL SIDE- Chestnut) ASSESSMENT DISTRICT." WALK PROJECT: .. 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. RESO. NO. 5766 The next resolution was exDlained by Mr. Jones after which Councilman AUTHORIZING LOCAN Steinkamp introduced the resolution entitled: "A RESOLUTION AUTHORIZING TO SPECIAL FUND EL CAMINO REAL SI DEWALK PROJECT: LOAN TO SPECIAL FUND EL CAMINO REAL SIDEWALK PROJECT (Orange to Chest- nut) ASSESSMENT DISTRICT." 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. RECESS: Mayor Borba declared a recess at 9;56 p.m. RECALL TO ORDER~_~Mayor Borba recalled the meeting to order at 10:08 p.m. with all Council present with the exception of Councilman Mammini who was ill. RESO. NO. 5767 City Manager Dreisbach explained the next resolution in support of a 'IN---SUPPORT OF PRO-proposed resolution by the San Mateo Airport Land Use Commission re- POSED RESO. RE garding the noise problem around the San Francisco International Airport. NOISE PROBLEM S.F. AIRPORT: Councilman Ahern introduced the resolution entitled: "A RESOLUTION IN SUPPORT OF A PROPOSED RESOLUTION BY THE SAN MATEO AIRPORT LAND USE COMMISSION TO RECOMMEND THAT THE SAN MATEO BOARD OF SUPERVISORS DETER- MINE THAT A NOISE PROBLEM EXISTS AROUND THE SAN FRANCISCO INTERNATIONAL AIRPORT." 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. RESO. NO. 5768 AUTHORIZING EXE- CUTION OF LEASE RENEWAL - STATE (COLMA CREEK) The resolution regarding renewal of Lease with State Division of Highways concerning Colma Creek was next explained by City Manager Dreisbac~ after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF LEASE RENEWAL WITH STATE DEPART- MENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS (COLMA CREEK)." - 5 - RESO. NO. 5768 (CONTINUED) RESO. NO. 5769 APPROVING ESTAB- BLISHMENT OF A BUS STOP ON EL CAMINO REAL: RESO. NO. 5770 GRANTING GRADING PERMIT TO BRAE- WOOD DEVELOPMENT CORP: RESO. REGARDING AGREEMENT WITH BRAEWOOD CORP.: RESO. NO. 5771 AMENDING RULE 11.08 OF RESO. 3486 - PERSON- NEL RULES: ORD. NO. 627 PROVIDING FOR REGISTRATION & LICENSING OF BICYCLES: 2nd Reading & Adoption 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 resolution was explained by City Manager Dreisbach after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION APPROVING ESTABLISHMENT OF A BUS STOP (PEDESTRIAN LOADING ZONE) ON EL CAMINO REAL BY THE ASSIGNED TRAFFIC ENGINEER AND CHIEF OF POLICE." 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 Grading Permit Applicatbn as filed by Braewood Development Corporation to relocate 3500 c.y. of dirt on site only and cutting of pad elevations for 53 condominium units and common areas. Accompanying was the Inter-Office Memorandum dated February 2, 1972 from the Director of Public Works recommending approval subject to conditions. City Manager Dreisbach explained the resolution after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION GRANTING A GRADING PERMIT TO BRAEWOOD DEVELOPMENT CORPORATION AND THEIR CONTRACTORS." 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 at this time explained the agreement with Braewood Corp., that this resolution authorized, as well as the exchange of common greens, advising Council of the correction which was made in the resolution. Discussion followed concerning the matter of the exchange of lands during which time Mr. David Friedenberg and Mr. Joseph Undermiller, Project Manager~for Braewood Corp., spoke. There being no objections, Council deferred action on this item until the City Planner who was attending a Planning Commission meeting at this time could be present. City Attorney Noonan explained that the next resolution amended the Personnel Rules and Regulations to include the three-hour holiday on Good Friday after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AMENDING RULE 11.08 OF RESOLUTION NO. 3486 entitled, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING PERSONNEL RULES AND REGULATIONS.'" 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 read. City Attorney Noonan then exDlained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Ahern 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 Steinkamp and passed by unanimous vote. Councilman Ahern moved that the ordinance entitled: "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR THE REGISTRATION AND LICENSING OF BICYCLES IN SAID CITY AND PROVIDING PENALTIES FOR VIOLATIONS," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Bertucelli and passed by the following roll call vote. . -6 - ORD. NO. 627: (CONTINUED) ORD. NO. 628 AMENDING ORD. NO. 396 (SEWER RENTAL CHARGES): 2nd Reading & Adoption ORD. NO. 629 CALLING SPECIAL ELECTION: 2nd Reading & Adoption RESO. NO. 5772 AUTHORIZING EXE- CUTION OF AGREE- MENT WITH BRAEWOOD CORP, UP-177: Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamn. Noes, none. Absent, Councilman F. Frank Mammini. 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 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 Ahern and passed by unanimous vote. Councilman Bertucelli moved that the ordinance entitled: "AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 396 ENTITLED 'AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR SEWER RENTALS AND CHARGES IN SAID CITY: PROVIDING THAT SUCH SEWER RENTALS AND CHARGES SHALL BE COLLECTED ON THE MUNICIPAL TAX ROLL AND SHALL BECOME A LIEN UPON THE RESPECTIVE PARCELS OF REAL PROPERTY,'" 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, 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 read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for adoption and passage. Councilman Bertucelli 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 Ahern and passed by unanimous vote. Councilman Ahern moved that the ordinance entitled: 'AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF SOUTH SAN FRANCISCO FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY A PROPOSITION FOR THE INCURRING OF A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND COMPLETION OF A CERTAIN MUNICIPAL IMPROVEMENT, DE- CLARING THE ESTIMATED COST OF SAiD IMPROVEMENT, THE AMOUNT OF TIlE PRINCIPAL OF SAiD INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME AND PROVIDING FOR NOTICE THEREOF," 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: Aves, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Noes, none. Absent, Councilman F. Frank Mammini. City Council again considered the resolution concerning the execution of the agreement with Braewood Corporation. City Planner Pass at this time explained the exchange of common green properties as they were related in the resolution. Discussion followed during which time City Planner Pass answered Mr. Gamma's inquiry concerning off-street parking. Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BRAEWOOD DEVELOPMENT COR- PORATION (UP-177) - CONDOMINIUM PROJECT NO. I." 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. - 7- CLAIM AS FILED BY The next item was the claim against the City as filed by Carole F. FoG CARO[~E F. FO0: for alleged personal injuries to her son as a result of uneven cement block on sidewalk in front of 650 Mayfair Avenue. Councilman Ahern 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. CLAIM AS FILED BY The next matter was the claim as filed against the City by the law SMALL, WILSON & office of Small, Wilson & Jordan on behalf of Robert Sjosten for JORDAN ON BEHALF alleged damages as a result of seizure of automobile by the South San OF ROBERT SJOSTEN: Francisco Police Department. Councilman Bertucelli moved, seconded by Councilman Ahern 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. At the request of City Attorney Noonan, the claim was amended to have added the letter dated January 24, 1972 from Donald A. Wilson, Attorney for the claimant, concerning the amendment to the claim. The motion as made and amended was regularly carried. REPORT OF LAND EXCHANGE C I TY & SCAVENGERS: The next item for Council's attention was the report on the Land Exchange between South San Francisco Scavenger Company and the City. City Attorney Noonan stated that the matter, at the request of the City Council, had been referred to the firm of Xenophon Tragoutsis, Attorney at Law. Discussion followed at which time Mr. Robert Albright asked as to when the report might be expected, to which he was informed that it would have to fit the schedule of the attorney who had been requested to do the work. REPORT ON CITY COUNCIL EXPENSE A L LOW AN C E: The next item was the report on the City Council's Expense Allowance. Prior to, during, and after the motions in this matter, oral present- ations were made by the following: City Attorney Noonan, Mr. David Friedenberg, Councilman Ahern, Councilman STeinkamp, Mr. Edward Toby, Mr. Steven Tashara, Mr. John Yantis, Mr. Donald Grimes, and Mr. Robert Albright. The presentations and discussions are so lengthy that same were not reported in these Minutes, word for word, but were recorded on a tape and the tapes are available in the office of the City Clerk for public inspection, review and copying. Councilman Steinkamp moved that the present policy of automatic expense payment be terminated and that, henceforth, Councilmen be reimbursed only for actual and necessary expenses incurred on City business upon submission of an itemized statement. Councilman Ahern seconded the motion, but upon advice of the City Attorney that the City did not make automatic expense payments, Councilman Ahern withdrew his second and there being no further second, Mayor Borba declared the motion dead for lack of a second. - 8- REPORT ON CITY COUNCIL EXPENSE ALLOWANCE: (CONTINUED) City Attorney Noonan suggested that Council consider the adoption of a motion that would authorize the filing of expense claims, listing the expenses, and establishing as a monthly expense, an automobile availability charge of forty dollars. Councilman Ahern so moved, seconded by Councilman Bertucelli. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, Noes, Councilman Warren Steinkamp. Absent, Councilman F. Frank Mammini. RECESS: Mayor Borba declared a recess at 11:06 p.m. RECALL TO ORDER: _JVlayo~ Borba recalled the meeting to order at 11:16 p.m., with all Council present. Councilman Mammini was absent because of illness. COMMUN I CAT I ON RE DOWNTOWN PARKING PROJECT: The next item for Council's consideration was the communication dated January 26, 1972 from Mr. Nello Sciandri and the Petition concerning parallel parking project for Grand Avenue. City Manager Dreisbach explained to Council the feelings of the downtown merchants and the program which they had in mind concerning the matter, suggesting that Council consider the appointment of a Councilman to this committee. There being no objections, Mayor Borba appointed Councilman Bertucelli as the City's representative. City Manager Dresibach then recommended a motion that would rescind Council's prior action. Councilman Ahern so moved, seconded by Councilman Bertucelli and regularly carried. ANNEXAT I ON ST. VERONICA'S SITE: The next matter was the communication dated January 25, 1972 from Louis A. Arata, Civil Engineer, concerning annexation of St. Veronica's Church and School site, together with LAFCO Resolution No. 344 concerning the Proposed Annexation to the City of South San Francisco. City Attorney Noonan stated that a resolution had been prepared in this regard. Discussion followed at which time Mr. Arata, Engineer, requested information concerning annexation charges which was explained by the Director of Public Works. RESO. NO. 5773 INITIATING PRO- CEEDINGS TO ANNEX LANDS - ST, VERONICa: Further discussion followed in this regard, after which Councilman Steinkamp introduced the resolution entitled: 'IA RESOLUTION INITIATING PROCEEDINGS TO ANNEX UNINHABITED TERRITORY DESIGNATED 'LANDS OF THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, ET AL, AND A PORTION OF ALIDA STREET' AND GIVING NOTICE OF PROPOSED ANNEXATION.~ Roll casl 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. APPOINTMENT OF CITY MANAGER TO SM CO. TRANSIT DEVELOPMENT BD.: The next item was the communication dated January 13, 1972 from the San Mateo County Transit Development Board concerning appointment of the City Manager to serve as a member of the Management Advisory Committee. Mayor Borba offered for Council's confirmation the appointment of City Manager Dreisbach to this committee. APPT. OF CITY MGR. TO MANAGE- MENT ADV I SORY COMM I TTEE: (CONT I NUFD) COMiluNi ~A~ ION RE VIOLATIONS OF ANIMAL ORD.: Councilman Ahern so moved, seconded by Councilman Steinkamp and regularly carried. The communication dated January 17, 1972 from the We~tborough ttomeowners Improvement Association concerning violations of City Ordinance No. 564 (animal control ordinance) was the next matter for Council's attention. ]'he Secretary of the Westborough Homeowners Association commented on the problem of the number of dogs which caused this nuisance. City Attorney Noonan explained the number of dogs which could be kept under the present ordinance after which Mr. Ronald Babcock of the Peninsula Humane Society reported to Council the calls which had been made and complaints by the residents in keeping animals. City Attorney Noonan required that he be permitted to communicate with the owner by letter first and obtain ~he information. Mr. Wesley Slade, President of the Westborough Homeowners Association, requested Council take action in eliminating the problem. It was suggested by Counci man Bertucelli that the City Attorney be permitted to proceed by letter after which there being no objections, it was so ordered. ITEMS FROM STAFF: There being~no items from Staff, Mayor Borba continued on to Items from Council. ITEMS FROM COUNCIL: Mayor Borba requested that at the conclusion of this evening's meeting, the Council adjourn to an Executive Personnel Session. Mayor Borba then asked if any member of the City Council had any item they wished to offer. SUGGESTION FOR Councilman Bertucelli brought to the attention of the City Council FLOOD CONTRO!. grants which were available for flood control measures, requesting GRANTS: ,- /" ,~ that the City pursue this matter. ADJOURN.,i;.' ', . The meeting was adjourned by Mayor Borba to an Executive Personnel Session at 12 Midnight. RECALL TO ORDER:~Mayor Borba recalled the meeting .to order at I:10 a.m. with all Council present, Councilman Hammini beinq noted as absent. Mayor Borba announced that the City Council had considered a nersonnel matter but that no action had been taken and that Council discussed that an appraisal be obtained on a narcel of property. REAPPOIHTMENT TO The next matter was the reappointments to Commissions and Boards. HOUSIH~ AUTHOR~iT¥':' PERSONNEL BOARD RECREAT I ON 12'-~ ,1.: Mayor Borba offered for Council's confirmation the annointment of Mr. Victor Feudale to succeed himself as a member of the Housing Authority. Councilman Ahern moved, seconded by Councilman Bertucelli and regularly carried that the appointment of Mr. Feudale to succeed himself as a member of the Housing Authority be confirmed. Mayor Borba next offered for Council's confirmation the reappointment of Messrs. Gildo Fregosi, Walter McNamara and Frank O'Brien to succeed themselves as members of the Personnel Board. Councilman Ahern moved, seconded by Councilman Bertucelli and regularly carried Chat the reappointment of Messrs. Fregosi, McNamara and O'Brien to succeed themselves as members of the Personnel Board be confirmed. - I0- REAPPO i NTMENTS: (CONTINUED) RESO. NO. 5774 APPROV I NG GRANT OF UP-203: ADJOURNMENT' Mayor Borba then offered for Council's confirmation the reappointment of Messrs. George Coulter and Joseph Manjarrez to succeed themselves as members of the Recreation Commission. Councilman Bertucelli moved, seconded by Councilman Ahern and regularly carried, that the Mayor's reaDpointment of Messrs. Coulter and Manjarrez to succeed themselves as members of the Recreation Commission be confirmed. City Attorney Noonan at this time stated that he had prepared a resolution as requested earlier in the meeting by Council concerning Use Permit 203 which he explained; in addition, suggested that a motion be adopted to have construction deferred for a period of ninety days. Councilman Bertucelli then introduced the resolution entitled: UA RESOLUTION APPROVING GRANT OF USE PERMIT UP-203." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Noes, Councilmen Warren Steinkamp. Absent, Councilman F. Frank Mammini. City Attorney Noonan then suggested that a motion be considered that a request be made to the anplicant that he defer construction for ninety days to explore the possibility of a Dtan more compatible with the development. Councilman Ahern so moved, seconded by Councilman Bertucelli and regularly carried. Councilman Steinkamp voted ~'No." ~Councilman Steinkamp moved, seconded by Councilman Bertucelli and regularly carried, that the meeting be adjourned. Time of adjournment: 1:17 a.m. APPROVED: ~yor RESPECTFULLY SUBMITTED, City C I~ rk The discussions contained in these Minutes are excerpts and not verbatim. The proceedings of this meeting are taped and all discussions are contained therein.