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HomeMy WebLinkAboutMinutes 1972-11-20REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, NOVEMBER 20, 1972 TIME: 8:00 o.m. PLACE: Council Chambers, City Hall. CALL TO ORDER: Mayor Mammini called the meeting to order at 8:02 n.m. PLEDGE OF ALLE- GIANCE AND INVOCATION: The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend Mr. Henry Trainor, Mater Do lorosa Catholic Church. ROLL CALL: MINUTES: Present: Absent: Councilmen Patrick E. Ahern, C~rdon T. Boblitt, William A. Borba, and F. Frank Mammini Councilman Warren Steinkamp Mayor Mammini asked if there was a motion approving the Minutes of the regular meeting of November 6, 1972. Councilman Borba moved, seconded by Councilman Boblitt and regularly carried, that the Minutes of the regular meeting of November 6, 1972, be approved as submitted. REGULAR CLAIMS: Mayor Mammini then asked if there was a motion approving the regular claims as submitted for payment. Councilman Boblitt moved that the regular claims, totaling $127,602.04, be approved for payment and approval include the supplement to claims list of November 6, 1972. Councilman Borba stated that before a second is made to the motion, he had questions concerning claims of VTN as well as for luncheons at various restaurants. Discussion followed after which Councilman Ahern suggested that the matter be discussed at an executive personnel session at the conclusion of tonight's meeting. As there were no objections, it was so ordered and no action was taken at this time on the regular claims. PARKING DIST. NO. :1 CLAIMS: Mayor Mammini then asked if there was a motion approving the claims as submitted for P~rkiln¢ District No. I for payment. Councilman Ahern moved, seconded by Councilman Boblitt and regularly carried, that the claims as submitted for Parking District No. I, totaling $406.18, be approved for payment. C.C. & F. NO. 3 CLAIMS: Cabot, Cabot & Forbes Industrial Park, Unit No. 3 Claims: (a) Piombo Corporation claim dated July 7, 1972 in the amount of $49,132.31 for retention due. (b) Wilsey & Ham claim dated October 23, 1972 in the amount of $192.73 for Engineering and Inspection Services. Councilman Boblitt moved, seconded by Councilman Ahern and regularly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 3, be approved for payment. .160 RESO. NO. 5980 REJECTING BIDS IMP. FOR WEST- BOROUGH PARK I1: The first resolution was explained by City Attorney Noonan concerning improvement for Westborough Park, Westborough Boulevard and Galway Drive, after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION REJECTING BIDS IMPROVEMENTS FOR WESTBOROUGH PARK - I1.' Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Gordon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. RESO. NO. 5981 APPROVING PLANS & SPECS: CALL FOR BIDS FOR IMP. FOR WEST- BOROUGH PARK I1: 45" After an explanation by City Attorney Noonan, Councilman Borba intro- duced the resolution entitled: "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR IMPROVEMENTS FOR WESTBOROUGH PARK II, WESTBOROUGH BLVD AND GALWAY DRIVE, SOUTH SAN FRANCISCO, CALIFORNIA, 1972." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Gordon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. RESO APPROVING SPECS FOR BIDS FOR FIRE HOSE: RESO ACCEPTING MAINTENANCE BY The next item for Council's attention was the resolution approving specifications and calling for bids for fire hose. As there were no objections and at the request of the Fire Chief, Mayor Mammini continued the resolution to the next regular meeting. The resolution accepting for maintenance by West Park 3 Parks and Parkways Maintenance District - Parcel designated West Park Unit 3CA WEST PARK 3 PARKS was the next item to be considered by Council. & PARKWAYS MAINT. DIST. UNIT 3CA: Discussion followed among the City Council, Director of Ecological Development Department, Messrs Bob Anderson, Ron Galli and Donald ,?~]-~ ~ .~ Gamma, residents of Westborough concerning the matter of erosion, planting and need for conformance prior to acceptance by the City. Si'~ce there were no objections, Mayor Mammini continued the acceptance. RESO ACC[PTING The next item was the resolution accepting for maintenance a portion MAINTENANCE of Stonegate Ridge Unit No I Common Greens by Stonegate Ridge Parks PORTION OF STONE- and Parkways Maintenance District. GATE RIDE #1 COMMON GREENS: RESO. NO. 5982 AUTHORIZING IM- PLEMENTATION OF ANTI-RABIES VAC- CINATION REQUIRE- MENTS FOR DOGS: Mayor Mammini ordered the item continued since there were no objections. Deputy City Attorney John Shaw briefly explained the resolution after which Councilman Boblitt introduced the resolution entitled: "A RESO- LUTION AUTHORIZING IMPLEMENTION OF ANTI-RABIES VACCINATION REQUIREMENTS FOR DOGS." Mr. Stan May of Pets and Pals, 1405 Broadway, San Francisco; Mr. John Yantis, I10 Belmont Avenue; Mr. Donald Gamma, 3790 Cork Place; as well as Members of the City Council spoke concerning the resolution and the request which had been received for its adoption. RECESS: Mayor Mammini recessed the meeting at 9:04 p.m. for TV tape rewinding. RECALL TO ORDER: Mayor Mammini recalled the meeting to over at 9:16 p.m. with all Council present, Councilman Steinkamp absent. Further discussion followed at which time, Mr. Wesley Slade, 2555 Donegal Avenue, as well as Members of the City Council, Mr. Stan May again discussed the resolution after which Councilman Boblitt withdrew his introduction to the resolution. FUrther discussion followed after which Councilman Bcrba entertained a motion for approval. No second was made to his motion. -2 - 11/20/72 RESO. NO. 5982 (CONTINUED) Councilman Borba then introduced a resolution entitled; "A RESOLUTION AUTHORIZING IMPLEMENTION OF ANTI-RABIES VACCINATION REQUIREMENTS FOR DOGS," with a request that it include certain modifications as discussed earlier. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Gordon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. ORD. NO. 640 ORD. CREATING OFFICE OF DIR. OF FINANCES: 2nd Reading/ Adoption Mayor Mammini ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan explained the ordinance and advised the City Council regarding procedure for adoption and passage. Councilman Boblitt moved that 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 Borba moved that the ordinance entitled; "AN ORDINANCE CREATING OFFICE OF DIRECTOR OF FINANCES; DUTIES AND POWERS," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Boblitt and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Gordon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. ORD. NO. 641 Mayor Mammini ordered the title of the ordinance read. AMENDING ORD. 449 the ordinance was read. PERSONNEL SYSTEM; REPEALING ORD. 216: 2nd Reading/ Adoptior~ The title of City Attorney Noonan explained the ordinance and advised the City Council regarding procedure for adoption and passage. Councilman Borba moved that reading of the ordinance in its entirety be waived and that the ordinance be passed and adopted by reading title only, seconded by Councilman Boblitt and passed by unanimous vote. Councilman Boblitt moved that the ordinance entitled: "A ORDINANCE AMENDING ORDINANCE 449, AS AMENDED, ENTITLED, 'AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO RECREATING AND RE-ESTABLISHING A PER- SONNEL SYSTEM FOR THE CITY OF SOUTH SAN FRANCISCO AND REPEALING ORDINANCE NO. 216 AND ALL INCONSISTENT ORDINANCES,'" 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, Cordon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. ORD. NO. 642 PROVIDING FOR DEFINITIONS APPLICABLE TO ORDINANCES: 2nd Reading/ Adoption Mayor Mammini ordered the title of the ordinance read. The title of the ordinance was read. City Attorney Noonan explained the ordinance and advised the City Council regarding procedure for adoption and passage. Councilman Borba moved that 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: "A ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA, PROVIDING FOR THE DEFINITIONS APPLICABLE GENERALLY TO ORDINANCES OF THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA, AND PROVIDING FOR RULES OF CONSTRUCTION FOR THE ORDINANCES OF THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA," the entire reading of which has been duly waived, be passed and adopted, seconded by Councilman Boblitt and passed by the following roll call vote. - 3- I I/20/72 ORD. NO. 642 (CONTINUED) ORD. AMENDING ORD. 564 PRO- VIDING FOR LIMITATION OF DOGS: Ist Reading/ I ntroduct ion ORD. AUTHORI - ZING ENTRY FOR PURPOSES OF INSPECTION & ENFORCEMENT Ist Reading/ Int roduct i on PETITION AS SIGNED BY RESI DENTS OF SUNSHINE GAR- DENS: lb-' Roll call vote was as follows: Ayes Councilmen Patrick E. Ahern, C~rdon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. Deputy City Attorney John Shaw in detail explained the ordinance regard- ing limitation on number of dogs and its sections and what it provided for as well as the changes which were taking place. This was followed by discussion among Members of the City Council, Mrs. Inez Lesko, and Mr. Wesley Slade after which Councilman Boblitt moved that the ordinance as read by Deputy City Attorney Shaw be introduced and so read for the first time, seconded by Councilman Borba and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, C~rdon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. Mayor Mammini 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 the procedure for introduction. Councilman Borba 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 on!y, seconded by Councilman Boblitt and passed by unanimous vote. Councilman Borba moved that the ordinance entitled: "AN ORDINANCE AUTHORIZING ENTRY FOR PURPOSES OF INSPECTION AND ENFORCEMENT," 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, Gordon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. The next item was the continued Petition dated October 13, 1972 as signed by several homeowners in Sunshine Gardens as filed by the law office of Bocci and Modena. Mayor Mammini asked if a list of names of residents who desired to serve on this committee had been received to which Mr. James .peters, a resident of Sunshine Gardens, stated that Mr. BoCcl, who was present earlier, had another engagement and was not able to remain; that they would have a list of residents who wished to serve. Discussion followed after which Mr. James Peters stated that the following would serve as Members of the committee: Mr. Roy Mitchell, 407 Dellbrook Avenue; Mr. Rudy Biandi, 437 Dellbrook Avenue; Mr. Louis Martin, 1313 Dellbrook Avenue; and Mr. James Peters, 1309 Dellbrook Avenue. Mr, Peters then requested that City Council continue the matter to the next regular meeting for further report. As there were no objections, Mayor Mammini so ordered. Councilman Borba then moved, seconded by Councilman Ahern and regu- larly carried, that the names as submitted be approved and accepted. Further discussion followed concerning the City's representatives after which and since there were no objections, Mayor Mammini requested that the Director of Ecological Development and Deputy City Attorney serve on this committee. -4 - 11/20/72 CLAIM AS FILED The next item was the claim as filed against the City by the law firm BY CAMPBELL, VAN of Campbell, Van Voorhis & Bybee on behalf of D. J. Simpson, Inc., for VOORHIS & BYBEE ON BEHALF OF D. J. SIMPSON: alleged damages as a result df flooding of area adjoining Colma Creek. Councilman Ahern moved, seconded by Councilman Borba 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 Sections 913, 915.4 and other related sections of the C~vernment Code. CLAIM AS FILED BY EDMUND L. SOMRAK: The next claim for Council's attention was filed by Mr. Edmund L. Somrak for alleged damages to his property as a result of flooding. Councilman Ahern moved, seconded by Councilman Borba 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 Sections 913, 915.4 and other related sections of the C~vernment Code. CLAIM AS FILED BY CANDIDO LEON: The next item was the claim against the City as filed by Mr. Candido Leon for alleged damages as a result of flooding. Councilman Boblitt moved, seconded by Councilman Borba 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~vernment Code Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED The claim as filed against the City by Unigard Insurance Group on BY UNIGARD INS. behalf of Mr. Santana Ornelas, their insured, for alleged damages to CO. ON BEHALF OF his vehicle as a result of flooding while it was left at the B & C SANTANA ORNELAS: Automotive Repair for services was the next matter for Council's consideration. Councilman Boblitt 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 C~vernment Code Sections 913, 915.4 and other related sections of the C~vernment Code. CLAIM AS FILED The next item was the claim as filed by Unigard Insurance Group on BY UNIGARD INS. behalf of their insured, Mr. Leslie M. Hill, for alleged damages as CO. ON BEHALF OF a result of overflow of Colma Creek. LESLIE M. HILL: Councilman Borba moved, seconded by Councilman Boblitt and regularly ~]-~0 ~, ~ 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 Sections 913, 915.4 and other related sections of the C~vernment Code. CLAIM AS FILED BY JOHN PUTKEY, ESQ., ON BEHALF OF DAVID JOHNSTON: The next item was the claim as filed against the City of South San Francisco by John A. Putkey, Esq., on behalf of David Johnston, for alleged damages sustained while being incarcerated. Councilman Ahern moved, seconded by Councilman Borba 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~vernment Code Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BY JOHN PUTKEY, ESQ., ON BEHALF OF DAYLE JOHNSTON: The like claim as filed by John A. Putkey, Ese., on behalf of Dayle Johnston was the next matter for Council's attention. Councilman Borba moved, seconded by Councilman Boblitt 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 Sections 913, 915.4 and other related sections of the Government Code. - 5 - 11/20/72 P.C. RESO 2125 The next item was the Planning Commission Resolution No. 2125 entitled: RECOMMENDING THAT "RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRAN- PUBLIC FACILITIES CISCO RECOMMENDING TO THE CITY COUNCIL THEREOF THAT THE PUBLIC FACILI- OF GEN. PLAN BE TIES AND PLAN DIAGRAM OF THE GENERAL PLAN BE AMENDED BY THE ADOPTION AMENDED: OF THE PROPOSED AMENDMENT THERETO." Discussion followed concerning the date for the Public Hearing after which, since there were no objections, Monday, DecemberlS, 1972 was set as the time for the Public Hearing. ** City Attorney Noonan, in answer to Mr. Battaglia, explained the reason necessary for the Public Hearing. REPORT RE ACCEPTANCE OF COMMON GREENS STONEGATE RIDGE RECESS: The next item was the report regarding Acceptance of Common Greens for Maintenance - Stonegate Ridge Unit No. I. Since this matter had been continued under Resolutions, no further action was taken at this time. Mayor Mammini declared a recess at 1015 p.m. for TV re, aping. RECALL TO ORDER: Mayor Mammini recalled the meeting to order at 10:31 p.m. with all Council present; Councilman Steinkamp, absent. RESO. NO. 5983 REQUESTING ADOP~ TION OF REGULA- TIONS BY SAN MATEO CO. FLOOD CONTROL DIST.: The next matter was the report concerning suit on moratorium to building in upper watershed areas and law suit on injunctions on surrounding communities. City Attorney Noonan stated that he was ~ill in the mist of studying cases and briefs which he had received and that his study had not been completed at this time and requested a continuance. City Attorney Noonan then explained that a resolution could be adopted in accordance with an earlier suggestion by Mrs. Betty Higgins after which Councilman Borba introduced a resolution entitled: "A RESO- LUTION REOUESTING ADOPTION OF REGULATIONS BY THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, C~rdon T. Boblitt, William A. Borba and F. Frank Mammini. Noes, none. Absent, Councilman Warren Steinkamp. REPORT RE COLMA CREEK PROJECT: The next item was the report on the progress of Colma Creek Project. Director Fred Hull, Department of Ecological Development, reported that staff had arranged for two meetings with the City of Daly City and San Bruno during the next week. Discussion followed after which, as there were no objections, the matter was continued to the next regular meeting. PETITION URGING SUPPORT OF PRO- GRAM AT SWIM- MING POOL: The next matter for Council was the Petition as signed by 85 residents of the City urging financial support for the present program at the Municipal Swimming Pool. Discussion followed at.which time Director Hull, Ecological Development Department, stated that there were no plans for program deletions or reductions and that no salaries had been reduced as well. At the request of Councilman Boblitt, the matter was ordered referred back to the Park and Recreation Commission. ITEMS FROM The next item was the Appointments to the Colma Creek Committee. COUNCI L: APPOINTMENTS TO Mayor Mammini asked if Mr. Prezant was present in the audience. COLMA CREEK response was received COMMITTEE: ~/~ ' No -6- 11/20/72 ITEMS FROM COUNC I L: (CONT I NUED) Mr. Fred Hull reported that staff had requested of the Chamber of Commerce a list of industries in the area affected who could be'con- sidered as members of the committee; that this list had been received today and that there had not been sufficient time to review this, requested that this be continued to the next regular meeting. As there were no objections, Mayor Mammini so ordered. APPO I NTMENTS TO SUNSHINE GARDENS COMMI TTEE: The next item from Council was the appointments to the Sunshine Gardens Committee. This matter had been taken care of under Unfinished Business and no further Council action was taken. ITEMS FROM STAFF: Mayor Mammini asked if there were any Items from Staff. GOOD AND WELFARE: As there were none, Mayor Mammini asked if anyone in the audience wished to speak under Good and Welfare. REQUEST FOR NOTIFICATION OF AGENDA ITEMS: UIU$ A request had been received from a member in the audience concerning the receiving of information prior to the Council meetings on items which they would be considering. Mayor Mammini stated that a request for the mailing of the agendas could be made to the City and would be received prior to the regular meeting. The resident then asked if they could be notified concerning any release of maintenance bonds by subdividers. Again Mayor Mammini stated that these would be contained in the items to be considered by the City Council and that the request for the mailing of agendas could be made to the City Manager. REQUEST FOR INFORMATION RE FLOOD PREVEN- T ION METHODS: h- Mrs. Inez Lesko, 211 Orange Avenue, requested information as to what the City would do to prevent flooding in her home. Director of Ecological Development Hull stated that an inspection had been made, explaining to the Members of the City Council the flow of water and the corrective measures which could be taken and the prepa- ration of a report for an installation to prevent reoccurences would be made. COMMENTS RE DEBRIS IN COLMA CREEK BETWEEN SAN MATEO AVE. & SPUR.J..I~ACK:~ INQUIRY RE APPOINTMENT OF Mr. Donald Grimes, 123 Francisco Drive, brought to the attention of the City Council, debris whi.ch existed in the Colma Creek area between San Mateo Avenue and the railroad spur track as well as siltation. He requested that some corrective action be taken by the City. Councilman Borba then stated that he had received inquiries from citizens during the recess concerning the appointment of the Fire Chief. FIRE CHIEF: City Manager Dreisbach stated that his submission would be withheld .,.~'"'"~ until all Council was present. ACK;~]WLEDGMENT OF Mayor Mammini at this time achnowledged the presence of the represent- CAP. IMP. COMM.: atives of the Capital Improvement and Safety Committee after which, since there was nothing further, he recessed the meeting to an Executive RECESS: Personnel Session at 11:59 p.m. RECALL TO ORDER: Mayor Mammini recalled the meeting to order at 1:19 a.m., with all Council present; Councilman Steinkamp, absent. PURPOSE OF EXECU- City Attorney Noonan reported that the purpose of the Executive Per- TIVE PERSONNEL sonnel Session was to consider a Poi ice personnel matter and City SESSION: bills to determine whether any action was needed with respect to both. ~/~ NO action was indicated or taken in either matter. - 7- 11/20/72 APPROVAL OF REGULAR CLAIMS: Councilman Ahern moved, seconded by Councilman Boblitt and regularly carried, that the regular claims as submitted be approved for payment. ADJOURNMENT As there was no further business, the meeting was adjourned at 1:24 a.m. APPROVED: M~yo r RESPECTFULLY SUBMITTED, City Clerk *Entries of this Council meeting show the action taken by the City Council to dispose of the item. Oral presentations, arguments and comments are recorded on tape. The tape is on file in the office of the City Clerk and available for inspection, review and copying. Documents related to the items are on file in the office of the City Clerk and available for public review, inspection and copying. **After Council had set its Public Hearing date, it was learned that there would be sufficient time in which to make a publication setting the Hearing for December 4, 1972. In the interest of time and in accordance with the Notice prepared by the City Attorney's office, publication was made and the Hearing was set for December 4, 1972. -8- 11/20/72