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HomeMy WebLinkAboutMinutes 1973-04-16REGULAR MEETING Of THE CItY COUNCIL Of THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, APRIL 16, 1973 TIME: PLACE:. CALL TO ORDER:., PLEDGE OF ALLE- GIANCE AND INVOCATION: ROLL CALL: LETTER OF RES IG- NATION BY MAYOR MAMM I N I AND MOTION TO SEAT COUNC I LMAN STE I NKAMP AS MAYOR: MINUTES: REGULAR BILLS: PUBLIC HEARING: UP-203 - SW. CORNER OF KING AND CALLAN - CONSTRUCTION OF TEXACO SERVICE STATION: 8:00 p.m. Council Chambers, City Hall. Ylce Mayor Stelnkamp called the meeting to order at 8:04 p.m. The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend Donald Wertz of the Good News Chapel. Present: Absent: Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp None Vice Mayor Steinkamp brought to the attention of the City Council the letter of resignation as submitted by Mayor Mammini after which Mayor Mammini stated that his resignation was submitted in order that a rotation of the Mayor's office could be made. He then n~ved that Warren Steinkamp be nominated as Mayor for the next year. Discussion followed-at which time Councilman Borba requested that Council delay this matter until such time as a full Council was again in session. Further discussion followed after which Councilman STeinkamp seconded the motion. Council voted on the ~tion as follows: Councilmen Wil-l;iam A. Borba and Patrick Ahern voted "No." Councilman F. Frank Mammini voted "Aye." Councilman Warren Steinkamp refrained from voting. Vice Mayor Steinkamp asked if there was a ~tion approving the Minutes of the regular meeting of April 2, 1973. Councilman Mammini moved, seconded by Councilman Borba and regularly carried, that the Minutes of the regular meeting of April 2, 1973 be approved as submitted. Vice Mayor Steinkamp then asked if there was a:metion approving the regular bills of April 16, 1973 as submitted for payment. Councilman Ahern moved, seconded by Councilman Mammini tSat the regular bills as submitted for April 16, 1973 be approved for payment. Councilman Borba requested a roll call vote on the bills after which discussion followed concerning those which were submitted by VTN and the luncheon bills as well. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, F. Frank Mammi~i and Warren Steinkamp. Councilman William A. Borba voted "Aye" on all of the bills and "No" on VTN and luncheon bills. The next matter was the Notice of Hearing - Appeal from Interpretive Ruling of the South San Francisco Planning Commission Regarding UP-203. Brief discussion followed at which time Vice Mayor Steinkamp read from the Minutes of the Plannin~ Commission meeting and the motion which was adopted after which, at hi{ request, the City Clerk read the letter of appeal from Texaco, Inc., dated April 3, 1973. Vice Mayor Steinkamp then declared the Public Hearing opened. PUBLIC HEARING UP-203 (CONTINUED) RECESS: RECALL TO ORDER: RECESS: RECALL TO ORDER: CLOSE OF PUBL I C HEAR I NG: A lengthy discussion followed at which time the following persons spoke as well as Members of the City Council, City Attorney and other Staff Members. Mr. William D. Evans, Attorney at Law, 3350 Wilshire Boulevard, Los Angeles, representing the Texaco Company, Inc. During Mr. Evans' discussion, he submitted and requested that their Exhibit F be included in the Hearing as part of those which they had already submitted. Mr. William Timmons, Assistant Planner. Vice Mayor Steinkamp declared a recess at 9:04 p.m. for retaping of TV cameras. Vice Mayor Steinkamp recalled the meeting to order at 9:11 p.m. with all Council present. Mr. John Thorne, 510 North Third Street, San Jose, California, Attorney at Law, representing Mr. Michael Callan. Mr. Robert Anderson, 3846 Fairfax Way, South San Francisco. Mr. Gary Boyd, real estate representative for Texaco, Inc.. Mr. Donald Gamma, 3790 Cork Place, South San Francisco. Recess was declared by Vice Mayor Steinkamp at I0:10 p.m. for TV retap i ng. Vice Mayor Steinkamp recalled the meeting to order at 10:24 p.m. with all Council present. Mr. Michael Callan, 822 isabella Street, Atherton. There being no one else to speak on the matter, Vice Mayor Steinkamp then declared the Public Hearing closed. Councilman Borba stated that since a number of legal questions had been raised, suggested that the matter be given to the courts to decide and that it be referred to the City Attorney. Further discussion followed after which Councilman Mammini requested that the City Attorney suggest the form of action which the City could take in this regard. City Attorney Noonan with a brief discussion then suggested that Council could adopt, if they wished, the following motion that Council having heard the oral presentations and received the written presentations and have determined that there is insufficient showing and insufficient expenditure of funds to justify vesting of rights, affirms the Planning Commission's report and interpretive ruling. Further discussion followed during which time City Attorney Noonan instructed Council in this regard after which Councilman Borba moved that it be allowed to go to the courts. City Attorney Noonan recommended that such a motion not be passed. There being no second to Councilman Borba's motion, Vice Mayor Steinkamp stated that the motion failed for lack of a second. Councilman Ahern at this time moved that the Planning Commission was wrong in arbitrarily denying it. As there was no second to the motion, Vice Mayor Steinkamp stated that the motion died for lack of a second. -2- 4/16/73 PUBLIC HEARING UP=203 (CONTINUED) RESO. NO. 6057 APpROv I NG SPECS CALL FOR BIDS 3 DUMP TRUCKS: RESO. NO. 6058 AUTHORIZING EXAMINATION OF SALES & USE TAX RECORDS: RESO. AMENDING RESO. NO. 6025: RESO. NO. 6059 AUTt~OR I Z lNG ACCEPTANCE OF GRANT DEED FROM PETRON I: ,5'10 3 RESO. NO. 6060 OPPOS I NG SENATE BILL 62: Councilman Mammini, commenting on the motion as proposed by the City Attorney, moved that having heard the oral presentations and receivsd the written presentations and have determined that there is insufficient showing and insufficient expenditure of funds to justify vesting of rights, affirms the Planning Commission's report and interpretive ruling. Motion as made was seconded by Vice Mayor Steinkamp after which he requested that a roll call vote be made. Councilman Borba abstained from voting after which further discussion followed and during which time, City Attorney Noonan stated that a "yes" or "No" vote should be cast after which Councilman Borba changed his vote to "No." Councilman Patrick E. Ahern voted "No." Councilmen F. Frank Mammini and Warren Steinamp voted "Aye." City Attorney Noonan explained the first resolution after which Councilman Borba introduced the resolution entitled: "A RESOLUTION APPROVING SPECIFICATIONS AND CALLING BIDS FOR TWO 18,000 G.V.W. DUMP TRUCKS AND ONE 15,000 G.V.W. DUMP TRUCK." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. After an explanation by City Attorney Noonan, Councilman Ahern intro- duced the resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. After an explanation, Councilman Borba introduced the resolution en- titled: "A RESOLUTION~AMENDING RESOLUTION NO. 6025 ENTITLED, 'A RESOLUTION OF THE CITY OF SOUTH SAN FRANCISCO DETERMINING UNITS WITHIN EMPLOYEE ORGANIZATIONS AND ESTABLISHING A PROCEDURE TO VERIFY THAT SUCH ORGANIZATION DOES REPRESENT EMPLOYEES OF THE CITY OF SOUTH SAN FRANCISCO, VERIFYING THE OFFICIAL STATUS OF THE EMPLOYEE ORGANIZATION, OFFICERS AND REPRESENTATIVES AND RECOGNIZING SUCH EMPLOYEE ORGANIZATIONS, (Meyer-Milias,Ri~lwn Act Secf 350~)~'" ' Discussion followed concerning this matter among Members of the City Council; City Staff; Mr. Frank Glllis, Business Representative of Local 1569 AFSCME AFL-CIO; Mr. John Day of Marine Engineers Beneficial Assn. AFL-CIO; Mr. Chris Burdick, Attorney for the Police Association; after which City Attorney Noonan suggested that the resolution be continued so that he might give further study to the questions raised. As thel~ere no objections, Vice Mayor Steinkamp continued the reso- lution to the next regular City Council meeting of May 7, 1973. City Attorney Noonan explained the next resolution after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT DEED FROM LUIGI PETRONI AND HELEN PETRONI, HIS ~WIFE." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Wit.ll.iam A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. After an explanation, Councilman Ahern introduced the reselution entitled: "A RESOLUTION OPPOSING SENATE BILL 62." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. -3- 4/16/73 RESO CONCERN lNG TRANSFER OF FUNDS: The next resolution for Council's attention concerned transfer of funds. At the request of Director of Finance Edward Alario, Vice Mayor Steinkamp continued this resolution to later on the Agenda to be con- sidered und%r Items from Staff since it was related to those subjects. RESO. NO. 6061 AUTHORiZiNG AGREEMENT WITH DEPT. OF FINANCE POPULATION EST.: RESO. i~O. 6062 Director of Finance Alario explained the resolution after which Council- man Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DEPARTMENT OF FINANCE, STATE OF CALIFORNIA - POPULATION ESTIMATE." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. After an explanation, Councilman Mammini introduced the resolution en- COMMENDING SENIOR titled: "A RESOLUTION COMMENDING SENIOR CITIZENS CLUB ON TWENTIETH CITIZENS CLUB ON ANNIVERSARY." 20TH ANNIVERSARY: ~ ~ j~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, I / William A. Borba, F. Frank Man~nini and Warren STeinkamp. Noes, none. Absent, none. CLAIM AS FILED The next item was the claim against the City as filed by Stephen BY STEPHEN ROSSA: William Rossa for alleged property damages to his vehicle by City- owned vehicle. Councilman Ma~ini moved, seconded by Councilman Ahern and regularly carried, that the claim be denied 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. CLAIM AS FILED The next claim against the City was filed by Donald J. Grimes for BY DONALD GRIMES: alleged damages as a result of flooding on January 16 and 18, 1973. Councilman Ahern moved, seconded by Councilman Mammini 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 ~lated sections of the Government Code. CLAIM AS FILED BY JOSEPH DE SOTO: The next item was the claim as filed by Joseph De Soto, et al, for alleged property damages suffered as a result of flooding. Councilman Ahern moved, seconded by Councilman Mammini 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. CLAIM AS FILED BY SCAMPINI, MORTARA & HARRIS ON BEHALF OF ROBERT E. SMITH: The next item was the claim as filed by Scampini, Mortara & Harris, Attorneys at Law, on behalf of Joseph W. Welch, Robert E. Smith, El Camino Golf Club, Inc., for alleged damages as a result of Colma Creek flooding. Councilman Mammini 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 Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BY SCAMPI N I, MORTARA & HARRIS ON BEHALF OF A. W. SORICH BUCKET CO.: The next claim was filed by Scampini, Mortara & Harris, Attorneys at Law, on behalf of A. W. Sorich Bucket Company for alleged damages as a result of flooding. -4- 4/16/73 A. W. SORICH Councilman Ahern moved, seconded by Councilman Mammini and regularly BUCKET CO. CLAIM: carried, that the claim be rejected and referred to the City's insurance (CONTINUED) 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 ....-7. ~.J~\~ other related sections fo the C~vernment Code. RODENT CONTROL PROGRAM '73-74: bo O The next item was the Inter-Office Memorandum dated March 29, 1973 from Director of Ecological Development submitting bids and recon~nend- ation for award of contract for Rodent Control Program (1973-74). Director of Ecological Development Fred Hull declared the bids re- ceived and recommended that award be made to the Iow bidder, Bay Pest Control with the bid of $3,873.50. Councilman Ahern moved, seconded by Councilman Mammini and regularly carried, that the recon~endation of the Director of Ecological Develop- ment be approved and accepted and award be made to Bay Pest Control. SO. S. F. INFO. The next item was the South San Francisco Information and Referral Center & REFERRAL CENTER: Request for emergency funding - April I - June 20, 1973. RESO. N0.606~ RE EMERGENCY FUNDING:" Discussion followed concerning appropriation of funds during which time Council, Staff and Mr. Arthur Elliott spoke in this regard after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION REGARDING EMERGENCY FUNDING - INFORMATION AND REFERRAL CENTER." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6064 RE SUMMER YOUTH PROGRAM BUDGET REQUEST: The next matter was the South San Francisco Information and Referral Summer Youth Program - June 18 - August I0, 1973 - Budget Request. City Manager Dreisbach briefly explained the budget request which was followed by discussion among Members of the City Council; City Staff; Mr. Arthur Elliott; Mr~ Kerwin, representative of the Economic Program; and Mr. John Yantis. Councilman Mammini then introduced the resolution entitled: "A RESO- LUTION REGARDING INFORMATION AND REFERRAL SUMMER YOUTH PROGRAM." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Abstaining, Councilman William A. Borba who stated that he wished to study the matter. RECESS: Vice Mayor Steinkamp declared a recess at 12:28 a.m. for retaping of tape recorder. RECALL TO ORDER: Vice Mayor Steinkamp recalled the meeting to order at 12:35 a.m., with all Council present. SUMMER YOUTH PROGRAM ALLO- CATION OF FUNDS: RESO. NO. 6065 APPROV lNG PLANS FOR JUN I PERO SERRA & CLAY MEDIAN STRIP: The next matter was the City of South San Francisco Summer Work Program - Allocation of funds. City Manager Dreisbach briefly explained the matter after which he re- quested a Minute motion for Staff to proceed in this regard. Councilman Borba so moved, seconded by Councilman Ahern and regularly carried. The presentation of plans for Junipero Serra Boulevard and Clay Avenue median strip and approval of estimated expenditure was the next matter for Council's attention. City Manager Dreisbach explained the matter, requesting introduction of a resolution appropriating $750 from the Beautification Fund. -5- 4/16/73 RESO. NO. 6065 (CONTINUED) Councilman Ahern introduced the resolution entitled; "A RESOLUTION APPROVING PLANS FOR JUNIPERO SERRA BOULEVARD AND CLAY AVENUE MEDIAN STRIP AND ESTIMATED EXPENDITURE." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESO. NO. 6066 RE CONSTRUCTION OF FIRE BREAK ON SIGN HILL: The next item was the report on construction of a fire-break trail on Sign Hill and approval of expenditure. City Manager Dreisbach explained the matter and requested introduction of a resolution after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION REGARDING CONSTRUCTION OF FIRE-BREAK TRAIL ON SIGN HILL AND APPROVAL OF EXPENDITURE," requesting that the appropriation be in the amount of $1,000. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Vice Mayor Steinkamp then asked if there were any other Staff Items. REPORT OF VTN: $o$o Director of Ecological Development Fred Hull stated that VTN had a report ~hey wished to read and that this presentation would be made by Mr. Win Westfall of that company whom he then introduced. Mr. Win Westfall then read in full their report dated April 16, 1973 and by reference is made a part of these Minutes and proceedings. After the report had been read, Councilman Ahern moved, seconded by Councilman Borba that the City Manager immediately seek a City Engineer for the City. Vice Mayor Steinkamp remarked that there should first be a motion to accept the termination. MOTION RE TERMINATION OF VTN: Councilman Borba then moved, seconded by Councilman Ahern that the terminat,ion of VTN contract be accepted. Discussion followed concerning the termination of the VTN contract and the order of the two motiomon the floor. Vice Mayor Steinkamp then called for a vote on the motions in the order of their introduction. Vote on the first motion was as follows: Ayes, Councilmen Patrick E. Ahern and William A. Borba. Councilmen F. Frank Mammini and Warren Steinkamp did not cast votes. Vote on the second motion was as follows: Ayes, Councilmen Patrick E. -. Ahern and William A. Borba. Councilmen F. Frank Ma~nini and Warren Steinkamp did not cast votes. EXECUTIVE SESSION City Manager Dreisbach then stated that Council would have two items TO FOLLOW CON- CLUSION OF MEET- ING: ~- 1 SJ C~)OD & WELFARE: REQUEST FOR IMPROVEMENT OF PUBL I C ADDRESS SYSTEt:'. ~'~j ~ RECESS; for Executive Session after the meeting was concluded. As there were no more Items from Council, Vice Mayor Steinkamp asked if anyone wished to offer anything under Good and Welfare. A resident of 129 Maple Avenue requested Council improve the Public Address system for those who were in the hallway since reception · tonight was very poor. Vice Mayor Steinkamp recessed the meeting to an Executive Personnel Session at 1:05 a.m. -6- 4/16/73 RECALL TO ORDER: The meeting was recalled to order by Vice Mayor Steinkamp at 1:18 a.m. with all Council present. Vice Mayor Steinkamp announced that Personnel problems and other miscellaneous items had been discussed at the Executive Personnel Session and that the City Attorney had a resolution for Council's attention. RESO. NO. 6067 City Attorney Noonan explained the resolution after which Councilman EMINEN~ DOMAIN Borba introduced the resolution entitled: "A RESOLUTION DETERMINING PROCEEDINGS THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN SSF/SB WASTEWATER LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (SSF/SB MANAGEMENT PRO- GRAM) PIPE LINE SEAGRAMS: WASTEWATER MANAGEMENT PROGRAM PIPE LINE EASEMENT THROUGH LANDS OF SEAGRAMS)." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. ADJOURNMENT: As there was nothing further, Vice Mayor Steinkamp adjourned the meeting at 1:20 a.m. RESPECTFULLY SUBMITTED, APPROVED: V i ce Mayor City C~'e rk * 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. -7- 4/16/73