HomeMy WebLinkAboutMinutes 1976-07-28136
ADJOURNED REGULAR ~EETING OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
HELD JULY 28, 1976
TIME:
PLACE:
CALL TO ORDER:.
PLEDGE OF ALLEGIANCE:
ROLL CALL:.
RESO. NO. 86-76
RESCINDING
RESO. NO. 85-76
PUBLICATION OF NOTICES
RE COOP. AGREEMENT WITH
HOUSING AUTHORITY
RESO. NO. 87-76
PUBLICATION OF NOTICES
RE COOP. AGREEMENT
WITH HOUSING AUTHORITY
7:30 PM
E1 Camino High School Little Theatre.
The meeting was called to order by Mayor Padreddii at
7:38 PM.
The Pledge of Allegiance to the Flag was recited.
Present:
Councilmen Leo Padreddii, Emanuele N. Damonte,
William A. Borba, Terry J. Mirri and
Richard A. Battaglia.
Absent: None.
Staff Report, dated July 28, 1976, recommending Council
adopt a resolution authorizing Publication of Notice for
Public Hearing to be set for August 18, 1976 on the proposed
Amendment to the Cooperation Agreement between the City of
South San Francisco and the Housing Authority.
Councilman Borba introduced a resolution entitled: A
RESOLUTION RESCINDING RESOLUTION NO. 85-76 ADOPTED JULY 16,
1976, ENTITLED "A RESOLUTION AUTHORIZING PUBLICATION OF
NOTICES FOR PUBLIC HEARING ON PROPOSED AMENDMENT TO THE
COOPERATION AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO
AND HOUSING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO."
Roll Call Vote was as follows: Ayes, Councilmen Leo Padreddii,
Emanuele N. Damonte, William A. Borba, Terry J. Mirri and
Richard A. Battaglia. Noes, none. Absent, none.
Councilman Battaglia introduced a resolution entitled: A
RESOLUTION AUTHORIZING PUBLICATION OF NOTICES FOR PUBLIC
HEARING ON PROPOSED AMENDMENT TO THE COOPERATION AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND HOUSING AUTHORITY
OF THE CITY OF SOUTH SAN FRANCISCO.
Roll Call Vote was as follows: Ayes, Councilmen Leo Padreddii,
Emanuele N. Damonte, William A. Borba, Terry J. Mirri and
Richard A. Battaglia. Noes, none. Absent, none.
137
UP 76-340
EMILIANO L. CHAVEZ
UP 75-334
EARL S. KUHNS
Public Hearing -- UP-76-340/Emiliano L. Chavez --
Appealing denial of Planning Commission for construction
of a room addition at 3960 Chatham Court in the P.C. Zone.
Staff Report, dated July 28, 1976, recommending Council
uphold the Planning Commission's denial of UP-76-340.
Letter, dated July 20, 1976, from Robert O. Johns,
3954 Chatham Court, disapproving appeal.
Mayor Padreddii declared the Public Hearing opened. The
City Planner from his staff report explained the reasons
for denial of the use permit.
Mayor Padreddii then asked if there was anyone present to
speak in favor of the use permit.
Emiliano Chavez the applicant spoke in his own behalf
giving the reasons for the use permit, requesting approval.
He offered for Council's consideration photo's taken of the
site.
Discussion followed between Mr. Chavez, staff and City
Council.
William B. Bumanglog, 3955 Chatham Court, spoke in favor
of granting Mr. Chavez his use permit.
Jim Byrd, 3966 Chatham Cour~ spoke in opposition to the granting
of the permit.
There being no one else to speak on the matter Mayor Padreddii
declared the public hearing closed.
Councilman Battaglia then moved, seconded by Councilman
Damonte and regularly carried that the appeal be denied
and the decision of the Planning Commission be upheld.
The City Clerk at this time read the agenda item title
which was as follows:
Public Hearing -- UP 75-334~Earl S. Kuhns - Appealing denial
of Planning Commission to conduct a newsstand, 25¢ coin
machines, 15 movie and 15 game machines at 107 Grand Avenue.
Staff Report, dated July 28, 1976, recommending Council conduct
the public hearing to consider the appeal of Earl S. Kuhns;
close the public hearing; and then uphold the Planning
Commission's denial of this application, based on the findings
which are listed in this staff report.
Page 2
7/28/76
138
UP 75-334
EARL S. KUHNS
(CONT ' D. )
Mayor Padreddii at this time declared the public hearing
opened stating as follows:
This hearing was continued from July 21, 1976.
The hearing is being held in this Little Theatre to provide
adequate seating capacity. The meeting place at West
Orange Avenue will accommodate only 87 people and as you
recall when this matter was first before the Planning
Commission, the Fire Marshal informed the Commission that the
meeting room was too small to accommodate the number of
people in attendance. The Planning Commission therefore had
to continue the hearing to this auditorium so as not to
violate the Fire Code and Uniform Building Code of the City
of South San Francisco.
City Planner David Hale then read the following into the
record: The applicant's appeal and the Staff Report calling
to the attention of the City Council the Building Inspector's
Inter-Office Memorandum, dated December 31, 1975 and the
Fire Marshall's Inter-Office Memorandum, dated December 31,
1975.
Staff then requested Council's permission to respond in
support of staff report after the applicant made his
presentation.
Mayor Padreddii then requested the applicant to make his
presentation.
Mr. Joseph Rhine, the applicant's attorney, at this time
made his presentation in behalf of the applicant after
which he concluded by requesting notification of the
decision.
Upon his conclusion David Hale called to the attention of
the City Council a verbatim transcript of the Regular
Meeting of the South San Francisco Planning Commission
held Tuesday, February 10, 1976 at 8:00 PM which he submitted
to the City Clerk for inclusion in tonight's proceeding.
He commented that copies had already been distributed to the
City Council.
The City Planner continued: "Members of the Council, I call
your attention to the Staff Report and the attachments
previously submitted and request that the staff report be
accepted as Exhibit A; the copy of the application which
reads as follows (which the City Planner read), be accepted
as Exhibit B; the plot plan which details the location of
the coin machines and other activities described by the
applicant be accepted as Exhibit C; the inter-office memo of
the Building Division which reads as follows (the City
Pa ge 3
7/28/76
139
UP 75-334
EARL S. KUHNS
(CONT ' D. )
RECESS:
RECALL TO ORDER:
Planner read in full the inter-office memorandum, dated
December 31, 1975), be accepted as Exhibit D; and the
inter-office memo of the Fire Marshall which reads as
follows (The City Planner read in full the inter-office
memorandum, dated December 31, 1975), be accepted as
Exhibit E."
The City Planner then continued: "Members of the Council,
I call your attention to the Zoning Ordinance No. 353, as
amended, which is the Zoning Ordinance of the City of
South San Francisco, and particularly the following:
"A portion of Section 3.62 which reads as follows:
'Uses permitted subject to first procuring
a use permit in each case (b) Drive-in banks,
drive-in restaurants, theatres. . and uses
which in the opinion of the Planning Commis-
sion are of a similar nature.'
"And portions of Section 5.1(a) and (b) which read
as follows:
'(a) No theatre, circus, amusement park, open
air theatre, race track, private recreation
centers, or other similar establishments,
shall be established in any district unless
and until a use permit is first procured for
the establishment, maintenance and operation
of such use.'
'(b) No dance hall, road house, night club
or commercial place of amusement or
recreation, shall be established in any
district closer than two hundred (200) feet
to the boundary of any dwelling district
unless a use permit shall first have been
procured for the establishment, maintenance
and operation of such use."
A recess was declared by the Mayor at 8:27 PM for the
retaping of the television cameras.
The meeting was recalled to order at 8:40 PM with all
Council present.
The City Planner then continued as follows: "Members
of the Council, this photograph is of an establishment
located at 315 Kearny in San Francisco and it illustrates
the typical land use for an adult newspaper stand and
bookstore which offers coin-operated film projection
Page 4
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140
UP 75-334
EARL S. KUHNS
(CONT'D.)
machines, other vending machines and items described
as latex novelties, and we request that it be accepted
as Exhibit F."
"Members of the Council, this additional photograph
is also of 315 Kearny Street in San Francisco, illustrates
the typical land use for an adult newspaper stand and
bookstore which offers coin-operated film projection
machines, other vending machines and items described
as latex novelties, and we request that it be accepted
as Exhibit G."
"Mr. Mayor this newspaper ad which appeared in the
San Francisco Chronicle on February 4, 1976 describes
the location of several adult bookstores reportedly
owned by the same people who own the bookstore at 315
Kearny Street.
"This newspaper ad, as you will note, includes 315 Kearny,
560 Broadway, among others. We would request that this
be accepted as Exhibit H."
Copy of fictitious name statement -- Continuing the
City Planner stated, "Members of the Council, this ficti-
tious name statement shows that it was filed in the City
and County of San Francisco, and also shows that the
operation at 560 Broadway in San Francisco under the name
of Frenchy's K & T Bookstore, is a limited partnership
with Earl Kuhns and Joe Tuper named as the persons doing
business under the fictitious name, and we request that
it be accepted as Exhibit I."
The City Planner then continued as follows: "Members
of the Council, the staff desires to present to you the
opinion of a consultant to explain the agglomeration
interaction of uses in the urban core so that you may
consider it in determining the effect of this proposed
use on the commercial and other activities in the urban
core and further consider whether the use is complementary
and whether it contributes to the health and fitness of
the urban core; in other words, does the proposed use
offer support of the commercial area, or is it nonsupportive
to the extent that it will adversely affect the City's
commercial base.
"I submit to you the qualifications of Mr. Gruen as an
expert in this field and now ask you to hear Mr. Gruen
regarding the agglomeration principle."
The City Planner then read into the record the qualifications
of Mr. Gruen.
Page 5
7/28/76
141
UP 75-334
EARL S. KUHNS
(CONT'D.)
Dr. Gruen made his presentation to the City Council
explaining the retail cluster and strength, attraction
to other like stores, complimentary types of business's
after which he made his conclusions in this matter.
The City Planner next introduced as Exhibit J a map
of the area after which he called on the Zoning Administrator
for his presentation.
The Zoning Administrator through the use of a large scale
map in detail explained the rejuvenating activities
and refurbishing and other improvements made in the downtown
area and their relation to the General Plan. He then
placed this as Exhibit K.
The City Planner continued as follows: "Members of the
Council, the staff desires to present to you the opinion
of Mr. Neil Martin, a city and regional planner, regarding
the relation of the proposed use to the General Plan and
its implementation, the Zoning Ordinance and urban core
development acts and policies.
"I submit to you the qualifications of Mr. Martin, an
expert in the field, and ask you to hear Mr. Martin
regarding this matter."
The City Planner then read Mr. Martin's qualifications.
Mr. Martin in detail spoke on the physical and social effect
of the proposed use, the development of the downtown area,
the uses in the downtown area as well as the plans for the
future.
The City Planner at this time read into the record a
declaration of Don Goldeen, president of Goldeen's, Inc.,
a home furnishings store located at 369 South First Street,
San Jose, California, which he introduced as Exhibit L.
City Planner David Hale then stated that this concluded the
City's presentation.
Mayor Padreddii at this time asked, "Does the applicant
have any rebuttal to Staff's report and does the applicant
want copies of the exhibits."
"Let the record show that there is no rebuttal by the
applicant and that they do not want the exhibits at this
time. I will also direct Staff to send him copies of the
exhibits."
Mayor Padreddii at this time announced that the hearing
would be opened up to audience participation.
Page 6
7/28/76
142
UP 75-334
EARL S. KUHNS
(CONT ' D. )
RECESS:
RECALL TO ORDER:
The City Clerk stated that a number of speaker cards
had been received and called as the first speaker
Mrs. Celia Murphy, 253 Oakcrest, South San Francisco,
who spoke in opposition to the granting of the use
permit. Mrs. Murphy then read from the petitions which
were circulated within the City signed by persons over
the age of 18 years opposing the granting of the use
permit. She then presented these petitions to the City
Council for the record.
The next speaker was Mrs. Barbara Schonig, 786 Alta Loma
Drive, Chairperson of the Crime Prevention Group, who
spoke in opposition to the granting of the use permit
stating that crime would increase. She requested Council
fight this every step of the way.
Reverend R.E. Linamen, 832 Larch Avenue, spoke in opposition
to the granting of the use permit citing the effects it
would have on the whole community.
Mayor Padreddii declared a recess at 9:40 PM for the
retaping of the television cameras.
The meeting was recalled to order at 9:55 PM with all
Council present.
Speaking next were two students.
Betsy McCorkhil who opposed the granting of the use permit
stating that this was a quiet little town and she wished
it to remain that way.
Michelle Isonio who also spoke in opposition to the granting
of the use permit stating that this was a city to be proud
of and wished to keep it that way. She commented on the
elements this type of business would bring to the City.
Milton Bronstein, 363 Grand Avenue, a 30-year merchant in
the City who spoke in opposition to the granting of the
use permit citing the effect such an establishment would
have on the business community.
Mrs. Connie Luke, 52 Calvert, who commented she was happy
to hear the opposition by teenagers. She opposed the
granting of the use permit. She commented that the future
of our City was important urging the City Council to deny
the request.
John J. Petrovitz, 443 Gardenside Avenue, spoke in
opposition to the granting of the use permit commenting
on the effect this material would have on the human mind,
the type of person this operation would attract, after
which he gave Council photos he had taken of like establish-
ments. He urged denial of the use permit.
Page 7
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143
UP-75-334
EARL S. KUHNS
(CONT ' D. )
Fred Olson, 21 Graystone Drive, commented that South
San Francisco was a small town, a friendly one, and that
this City could not afford to have this type of operation.
He opposed the granting of the use permit.
Mrs. Claire D'Amico, 136 San Felipe Avenue, spoke in
opposition to the granting of the use permit stating
that she opposed this type of operation and that the
community did not need it.
Ross Luke, 52 Calvert, spoke in opposition stating that
the City did not have such an establishment now and felt
that the courts would not rule against the City.
Rev. Curtright spoke in opposition stating he recently saw
such a newsstand type in San Francisco and felt that there
would be a need for increased police manpower if such an
establishment were allowed.
June Davidson spoke in opposition stating it would be
detrimental to the youth of the community.
Donna Davidson of Graystone Drive spoke in opposition
stating she would not shop in South San Francisco if the
bookstore were permitted.
Harold Seyvertsen, 704 Circle Court, requested that the
City deny the request.
Mayor Padreddii state~ "The Council desires to hear your
opinion in this matter, but the Council's jurisdiction
is limited to a determination regarding land use and the
Council has no power to prejudge pornographic nature of
material which may be offered at the site as a basis for
grant or denial of a permit, and will therefore disregard
for the purpose of the decision in this matter any pre-
judgment as to the pornographic nature of the material
proposed to be offered at the site of the proposed use.
Our obligation is to consider the proposed activity in
relation to the General Plan and its implementation,
the Zoning Ordinances and the improvements and policies
in the urban core which carry out the purpose of the
General Plan and Zoning Ordinance."
There being no one else to speak Mayor Padreddii declared
the public hearing closed.
Mayor Padreddii stated, "I have a question for Mr. Kuhns.
I have a question for Mr. Kuhns, the applicant. Would
you come up please, I have a question. Let the record
show that Mr. Kuhns is not available at his own hearing to
even answer questions for this Council."
Page 8
7/28/76
144
UP 75-334
EARL S. KUHNS
(CONT ' D. )
RECESS:
RECALL TO ORDER:
Mayor Padreddii stated that if Council were in
agreement and in order to properly put all the material
together he would like to continue the matter to September 1
for determination.
Councilman Battaglia requested if this could be postponed
to a later time since he would be out of town. After
some discussion and there being no objections the matter
was continued to September 15, 1976.
Mayor Padreddii then requested Staff to review the record
and advise Council regarding testimony or other evidence
which should be disregarded in making a determination to
grant or deny the permit.
Mayor Padreddii also requested Staff to prepare a resolu-
tion for Council's review which details findings of
fact based on the evidence and a determination to grant
or deny the permit based on the findings of fact. This
was agreeable to Council.
NOTE: The public hearing on UP 75-334~Earl S. Kuhns
appealing denial of Planning Commission to conduct a
newsstand, 25¢ coin machines, 15 movie and 15 game
machines at 107 Grand Avenue was reported verbatim by
Dick Adams of Henderscheid and Associates, Certified
Shorthand Reporters, 41 Sutter Street, Suite 312, San
San Francisco, California 94104, a copy of which is on
file in the office of the City Clerk and by reference is
incorporated herein and made a part of these minutes.
Mayor Padreddii recessed the meeting at 10:35 PM to an
Executive Personnel Session. The City Clerk was excused
from this meeting.
The meeting was recalled to order by Mayor Padreddii
at 11:48 PM.
Mayor Padreddii stated for the record that while in
Executive Personnel Session:
1. Council instructed City representatives in labor
negotiations for Unit #6.
2. Considered appointment of an Acting Director or
Finance. No action taken.
3o
Considered appointment of Acting Planner. Councilman
Borba moved appointment of William Costanzo, Acting
City Planner, seconded by Councilman Mirri.
Page 9
7/28/76
145
Roll Call Vote was as follows: Ayes, Councilmen
Leo Padreddii, Emanuele N. Damonte, William A. Borba,
Terry J. Mirri and Richard A. Battaglia. Noes, none.
Absent, none.
No other action was taken.
ADJOURN~iENT
There being nothing further to come before Council the
meeting was adjourned. Time of adjournment was 11:50 PM.
RESPECTFULLY_ SUITED:
City of South San Francisco
APPROVED:
Leo Padreddii, Mayor
City of South San Francisco
The 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 and documents related to the items are on file in the office of
the City Clerk and available for inspection, review and copying.
Page 10
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