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HomeMy WebLinkAboutMinutes 1976-09-152O7 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD SEPTEMBER 15, 1976 TIME: ~ PLACE: CALL TO ORDER: PLEDGE OF ALLE- GIANCE TO FLAG: INVOCATION: ROLL CALL: APPROVAL OF BILLS REGULAR BILLS OF SEPTEMBER 15, 19 76 7:30 PM. West Orange Avenue Librar~ Auditorium. The m~eting was called to order b~ Ma~or Padreddii at 7:42 PM. The Pledge of Allegiance to the Flag was recited. The invocation was given b~ Father Knapp of Mater Dolorosa Church. Present: Councilmen Leo Padreddii, Emanuele N. Damonte, William A. Borba, Terr~ J. Mirri and Richard A. Battaglia. Absent: None. Councilman Borba stated, "Before the motion is made I would like to refrain on voting on the following due to the fact that I do business with the following companies:" Bal dasseroni Bergesen Electric Compan~ Berke~ Photo Inc. Coast Envelope Compan~ Don & Jerry's Automotive Enterprise-Journal Homelite Lowrie Paving Compan~ Marshall-Newei1 Supplw Compan~ Mar~att Industries Minucciani Plumbing & Heating Pome co -Ai re Rizzetto Welding Zellerbach Paper Compan~ Ma~or Padreddii called for a motion to approve the claims deleted from the original list. Councilman Damonte moved, seconded b~ Councilman Mirri and regularl~ carried. Councilman Borba stated, "Mr. Ma~or I want the record to show that I did not participate in the vote." 208 APPROVAL OF BILLS (CONT ' D. ) REGULAR BILLS OF SEPTEMBER 15, 19 76 APPROVAL OF MINUTES. JULY 28, 1976 JULY 31, 1976 AUGUST 2, 1976 CITY CLERK CLAIM OF ARNOLD G. HEARD CITY MANAGER RESO . NO . 129- 76 CALL BIDS FOR REPLACING SHINGLE ROOF AT CITY HALL RESO . NO . 1 30- 76 CALL BIDS FOR INSTALLING SAFETY HOOKS (WINDOWS) AT CITY HALL Mayor Padreddii ordered the claims amended to delete the claims listed by Councilman Borba and called for a motion to approve the claims as amsnded. Councilman Battaglia so moved, seconded by Councilman Damonte and regularly carri ed. .Mayor Padreddii asked if there was a motion approving the Minutes of the Adjourned Regular Meeting of July 28, 1976, the Special Meeting of July 31, 1976, and the Special Meeting of August 2, 1976. Councilman Borba moved, seconded by Councilman Damonte and regularly carried that the Minutes of the Adjourned Regular Meeting of July 28, 1976, the Special Meeting of July 31, 1976, and the Special Meeting of August 2, 1976 be approved as submitted. Staff Report, dated September 15, 1976, requesting Council take action on the following claim:~ Claim of Arnold G. Heard, South San Francisco, alleging injuries as a result of fall on City street. Councilman Borba moved, seconded by Councilman Mirri and regularly carried that the claim be rejected and referred to the office of the City Attorney and the City's Insurance Carrier; and Notice be given to claimant in accordance with Governmsnt Code Section 913, 915.4 and other related sections of the Government Code. Staff Report, dated September 15, 1976, recommending Council approve the specifications and call for bids to replace shingle roof at City Hall. Councilman Battaglia introduced a resolution entitled: A RESOLUTION APPROVING SPECIFICATIONS AND CALLING BIDS FOR REPLACING SHINGLE ROOF AT CITY HALL. 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. Staff Report, dated September 15, 1976, recommending Council approve the specifications and call for bids to install safety hooks (windows) at City Hall. Councilman Borba introduced a resolution entitled: A RESOLUTION APPROVING SPECIFICATIONS AND CALLING BIDS FOR INSTALLING SAFETY HOOKS (WINDOWS) AT CITY HALL. 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. Page 2 9/15/76 209 CITY MANAGER (CON T' D. ) RESO. NO. 131-76 AWARD OF CONTRACT SOLO TYPE ENFORCEMENT MOTORCYCLES RESO. NO. 132-76 ACCEPT & APPROVE MEMO OF UNDER- STANDING - UNIT 6 P- O0 RECESS: RECALL TO ORDER: Staff Report, dated September 15, 1976, recommending Council award the bid for three Solo Type Enforcement Motorcycles to Harley-Davidson of Sunnyvale, Inc., who submitted the lowest responsible bid in the amount of $12,379.74. Councilman Borba introduced a resolution entitled: A RESOLUTION OF AWARD OF CONTRACT FOR SOLO TYPE ENFORCEMENT MOTORCYCLES. 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. Staff Report, dated September 15, 1976, requesting Council's direction on the following resolution. At the request of the Acting City Manager and there being no objections, Council next took Item No. 5 from the Office of the City Manager prior to Item No. 4. After a brief explanation by the Mayor, he asked the City Attorney if it were necessary to recess to an Executive Personnel Session. The City Attorney replied that in order for Council to know whether or not staff followed Council's instructions, Council should recess to an Executive Personnel Sessi on. Mayor Padreddii then recessed the meeting at 7:50 PM for the purpose of conducting an Executive Personnel Session. The City Clerk was excused from attending. The meeting was recalled to order by Mayor Padreddii at 8:06 PM with all Council present. Mayor Padreddii announced that Council had discussed the matter of labor negotiations relative to Unit No. 6, requesting what the wish of Council was in this regard. Councilman Borba introduced a resolution entitled: A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 6 - INTERNATIONAL ASSOCIATION OF FIREFIGHTERS OF AMERICA, LOCAL 1507, AFL-CIO, JULY 1, 1976 - JUNE 30, 1978. Roll Call Vote was as follows: Ayes, Councilmen Leo Padreddii, Emanuele N. Damonte, William A. Borba and Terry J. Mirri. Noes, Councilman Richard A. Battaglia. Absent, none. Page 3 9/15/76 210 CITY MANAGER (CONT' D. ) RESO. NO. 133-76 ADOPT SALARY SCHEDULE - PARKS AND RECREATION PART-TIME EMPLOYEES RESO. NO. 134- 76 RESCIND RESO. NO. 74-75 RE PUBLIC SAFETY FACILITY ORD. REPEALING ORD. 690-75 S · S · F. PUBLIC FACILITIES CORP. 1st Reading/Intro. Staff Report, dated September 15, 1976, recommending that the attached salarg schedule for part-time employees be adopted for the Parks and Recreation Department. Councilman Battaglia introduced a resolution entitled: A RESOLUTION PRESCRIBING THE TIME AND METHOD OF PAYING SALARIES; ADOPTING REVISED PAY RANGE SCHEDULES; PROVIDING FOR RELATED MATTERS (1976-77); AND RESCINDING RESOLUTION 73-76. Roll Call Vote was as follows: Ayes, Councilmen Leo Padreddii, Emanuele N. Damonte, William A. Borba, Terr~ J. Mirri and Richard A. Battaglia. Noes, none. Absent, none. Staff Report, dated September 15, 1976, relative to Public Safety Facility - South San Francisco Public Facilities Corpora tion . Councilman Sattaglia commented that since this item was related to Item No. 8 on the agenda, he requested that it be held and discussed with that item. Brief discussion followed after which Councilman Borba stated that he wished to act on this item at this time. Councilman Borba introduced a resolution entitled: A RESOLUTION RESCINDING RESOLUTION 74-75 ADOPTED JUNE 18, 1975. Roll Call Vote was as follows: Ayes, Councilmen Leo Padreddii, Emanuele N. Damonte, William A. Borba and Terry J. Mirri. Noes, Councilman Richard A. Battaglia. Absent, none. Mayor Padreddii 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 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 only, seconded by Councilman Mirri and regularly carried. Councilman Battaglia voted no. Brief discussion followed at which time Celia Murphy offered suggestions in this regard. Councilman Borba moved that the ordinance entitled: AN ORDINANCE REPEALING ORDINANCE 690-75 ADOPTED APRIL 2, 1975, ENTITLED "AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A FACILITY LEASE WITH CITY OF SOUTH SAN FRANCISCO PUBLIC FACILITIES CORPORATION", the entire reading of which has been duly waived, be introduced, seconded by Councilman Mirri and passed by the following roll call vote. Page 4 9/15/76 211 CITY MANAGER ORD. REPEALING ORD. 690-75 S. S.F. PUBLIC FACILITIES CORP. ist Reading/Intro ( CONT ' m. ) ORD PROVIDING FOR REGISTRATION & LICENSING OF BICYCLES APPLICATION FOR FUNDING - PUBLIC WORKS EMPLOYMENT ACT OF 1976 CONFLICT OF INTEREST CODE FORMATION OF BUDGET REVIEW COMMITTEE Roll Call Vote was as follows: Ayes, Councilmen Leo Padreddii, Emanuele N. Damonte, William A. Borba and Terry J. Mirri. Noes, Councilman Richard A. Battaglia. Absent, none. Staff Report, dated September 15, 1976, relative to the introduction and first reading of a Bicycle Licensing Ordinance. At the request of the Acting City Manager and there being no objections, this matter was deferred to the regular meeting of October 6, 1976. Staff Report, dated September 15, 1976, recommending Council authorize Staff to prepare applications for funding under the Public Works Employment Act of 1976. At the request of Councilman Borba the Acting City Manager explained in detail the meeting which he and the Administrative Assistant had attended concerning these grants, the purpose of which the funds could be used and the amount of money available. Councilman Battaglia then moved, seconded by Councilman Damonte and regularly carried that the recommendation of the Acting City Manager be approved and accepted. Staff Report, dated September 15, 1976, recommending Council adopt Conflict of Interest Code. City Attorney Noonan at this time stated that it was only necessary for the City Council to declare its intention at this time and that this could be done by motion only. Councilman Damonte then moved, seconded by Councilman Mirri and regularly carried that the recommendation of the Acting City Manager be approved and accepted. Staff Report, dated September 15, 1976, recommending Council approve by motion the formation of a Budget Review Committee as proposed by Staff. Councilman Borba stated that he wished to have this item left for the new City Manager when he was selected. Discussion followed at which time the Acting City Manager commented that Council had declared its intention at an earlier meeting to perform this work. Page 5 9/15/76 212 CITY MANAGER FORMATION OF BUDGET REVIEW COMMITTEE ~CONT'D.) RATE MODIFICATION REQUESTS BY S.S.F. SCAVENGER CO. AND WESTERN TV CABLE AGMT WITH SAN MATEO COUNTY HARBOR DIST RE LAUNCHING RAMPS AT MARINA Councilman Battaglia then moved, seconded b~ Councilman Mirri and regularl~ carried that the recommendation of the Acting Cit~ Manager be approved and accepted. Further discussion followed in this regard between the Staff and members of the Cit~ Council at which time Councilman Mirri expressed support of Councilman Borba's earlier comment. Roll Call Vote was as follows: A~es, Councilman Richard A. Battaglia. Noes, Councilmen Leo Padreddii, Emanuele N. Damonte, William A. Borba and Terr~ J. Mirri. Absent, none. Staff Report, dated September 15, 1976, recommending Council set dates for stud~ sessions to consider matters relating to the rate modification requests made b~ the South San Francisco Scavenger Compan~ and the Western TV Cable Compan ~ . Acting Cit~ Manager Frank Addiego explained to the members of Cit~ Council the stud~ meetings which had been held with the two firms who requested rate modifications. After brief discussion and there being no objections, Ma~or Padreddii set the following Special Stud~ Meetings: Special Stud~ Meeting with the South San Francisco Scavenger Compan~ on Monday, October 4, 1976. Special Stud~ Meeting with Western TV Cable Compan~ on Wednesday, October 13, 1976. Staff Report, dated September 15, 1976, recommending adoption of a resolution to develop the launching ramps at O~ster Point Marina. Councilman Battaglia introduced a resolution entitled: A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SAN MATEO COUNTY HARBOR DISTRICT -- OYSTER POINT MARINA DEVELOPMENT PROJECT NO. , (LAUNCHING RAMPS). The Acting Cit~ Manager stated that this item had been placed on the agenda in accordance with Council's request; however, it was not read~ for Council's action at this time. It was requested that the matter be scheduled for the meeting of October 6, 1976, and there being no objections it was so ordered. Councilman Battaglia then withdrew his resolution. Page 6 9/15/76 213 PARKS & RECREATION (CONT ' D · ACCEPT WILLOW GARDENS PLAY AREA RESTORATION PUBLIC SERVICES UP-75-334 EARL S. KUHNS RECESS: RECALL TO ORDER :. Staff Report, dated September 15, 1976, recommending Council accept the Willow Gardens Play Area Restoration (Project No. PR-75-9) and release all bonds for the project. Councilman Damonte moved, seconded by Councilman Borba and regularly carried that the recommendation of the Director of Parks and Recreation be approved and accepted. The City Clerk stated: "The next item, Mr. Mayor, the first item under 'Public Services,' the public hearing in the application of Earl Kuhns on Use Permit 75-334 to establish Earl's Bookstore and coin-operated amusement devices." Mayor Padreddii then recessed the meeting at 8:42 PM for the TV camera tape change. The meeting was recalled to order by Mayor Padreddii at 8:55 PM with all Council present. Mayor Padreddii stated: "This matter was continued from the meeting of July 28, 1976." The City Clerk stated: "Yes, Mr. Mayor. We announced the continuance on July 28, 1976 of the open meeting, and I mailed a notice to the law offices of Joseph Rhine, 2424 Pine Street, San Francisco, California, which I will read into the record at this time. This letter is dated August 9, 1976: 'Law Office of Joseph Rhine, 2424 Pine Street, San Francisco, CA 94115, Attention: Mr. Robert L. Thorp. Dear Mr. Thorp: Re: Appeal of UP-75-334/ Earl K. Kuhns. The City Council on July 28, 1976 conducted a public hearing on the appeal of the Planning Commission's denial of a use permit in this matter and at the conclusion of the hearing first considered a continuance for purpose of determination to September 1, 1976, but as one Councilman indicated he would be on vacation, the determination was continued to the meeting of September 15, 1976. Signed, Very truly yours, Arthur A. Rodondi, City Clerk. ' Page 7 9/15/76 214 PUBLIC SERVICES UP-75-334 EARL S. KUHNS (CONT ' D. ) Mayor Padreddii stated: "Members of the Council, you have had several weeks to consider the evidence received in this matter. You have the reporter's transcript of the Planning Commission hearing and the reporter's transcript of the Council hearing on this appeal, dated July 28, 1976." "You have heard the testimony and viewed the exhibits. If you are ready to proceed with the determination I will ask the City Attorney to advise us regarding the scope of our authority." "Is Council in agreement?" No objections were registered by Council. The Mayor then asked the City Attorney as to the procedure that Council should follow in making the decision in this matter. The City Attorney replied: "Mr. Mayor, the Council has a decision to make regarding the proposed land use at 107 Grand Avenue in the urban core. The proposed use, as admitted by the applicant's attorney, will offer at that address sexually explicit material, in written form in movie film form by 15 coin-operated projection machines and items described as latex novelties, and will offer additional commercial amusement or recreational activity in the form of 15 coin-operated game machines." "You as a Council have the authority to reasonably regulate the location of the proposed use pursuant to the City's planning and zoning powers. You may exercise that authority in this matter by applying the use permit procedures." You cannot base your decision, one, solely on your personal approval or disapproval or anyone's personal approval or disapproval of the proposed use at that address or any other address in the urban core; two, solely on your personal approval or disapproval or anyone's personal approval or disapproval of the nature of the material to be offered; or, three, on requests to disapprove the proposed use based on assertions that it will violate the law or be contrary to morals." "You may base your decisions on the following: One, description of the proposed use in accordance with the evidence received; two, provision of the General Plan and Zoning Ordinance and actions implementing those regulations in the area immediately adjacent to the proposed use and in the urban core, those two places; three, evidence Page 8 9/15/76 215 PUBLIC SERVICES UP-75-334 EARL S. KUHNS ( CONT ' D. ) which describes the impact of the proposed use on areas immediately adjacent thereto, uses in the urban core and the City's General Plan as a result of locating the propose use at 107 Grand Avenue; and four, evidence as to whether the use applied for at 107 Grand Avenue is complementary and supportive, or uncomplementary and destructive to the agglomeration existing immediately adjacent to the propose use and/or uses existing in the urban core; and the fifth, evidence as to whether exits required for the use as applied for comply with the Uniform Building Code, Uniform Fire Code and Title 19 of the California Administrative Code." Mayor Padreddii then stated: "Council has heard the City Attorney's recommendations. Do you desire to discuss the matter before proceeding with a determination?" Councilman Battaglia stated that he had a question for Mr. Costanzo, asking as follows: "Mr. Costanzo, when the Council conducted its hearing, the attorney and the applicant did not present evidence to answer or rebut the expert testimony given by Dr. Gruen and Mr. Martin or present any evidence. In fact, I under- stand they both left the meeting within a short time after Mr. Rhine, the attorney for the applicant, completed his statement." "I reviewed the Planning Commission's transcript, and I find no evidence presented to the Planning Commission by way of answer or rebuttal." "Mr. Costanzo, this is may question: Did Mr. Kuhns or his attorney offer any evidence in answer or rebuttal of the evidence presented at the Planning Commission, particularly the expert testimony of Dr. Gruen and Mr. Martin?" Mr. Costanzo then replied: "No, they did not." Councilman Battaglia then stated: "Mr. Mayor and members of the Council, we have a situation here in which a public hearing was held by the Planning Commission and the City Council to explore in depth the application for a use permit. The applicant and his attorney had a full opportunity to cross-examine all witnesses including the expert witnesses and offer rebuttal evidence. They apparently not only failed to offer rebuttal evidence, but also left both meetings while the hearings were being conducted." Page 9 9/15/76 216 PUBLIC SERVICES UP- 75- 334 EARL S. KUHNS ( CONT ' D. ) "Mr. Mayor and members of the Council, I call your attention to the fact that the Planning Commission conducted a hearing for approximately three hours, and the Council conducted a hearing for approximately three hours in this matter. The applicant had a full opportunity to present evidence in support' of the application and cross-examine witnesses, which he did not do." "Dr. Gruen's expert testimony was important to a decision in this matter. I call your attention to only parts of the testimony at this time." Councilman Battaglia at this time read from Pages 23 and 24 of the Council meeting transcript. Mayor Padreddii then asked if there were any questions from Council. Councilman Borba stated that he had a question for the Fire Marshall and the Building Inspector. Fire Chief Toellner requested permission to respond for the Fire Marshall, which was granted by the Mayor. The Fire Chief then, in answer to Councilman Borba's inquiry, explained Exhibit E in detail, after which the Chief Building Inspector Roy Ghilardi distributed to the members of the City Council a map of the plot plan in question, explaining in detail the requested Use Permit and the conditions that existed. Councilman Borba continued with his remarks, after which the Fire Chief further commented. Councilman Damonte then called Council's attention to Exhibits F, G, I, and L, commenting in detail with regard to these exhibi ts. Councilman Mirri at this time discussed the development which had taken place in this area, the presentations made by Dr. Gruen and Mr. Martin, as well as the rejuvena- tion which had taken place in the area. He also commented on the General Plan which the City adopted. He likewise quoted from the transcript and comments of Dr. Gruen. Mayor Padreddii then asked if there were any further comments from Council and there being none he asked the City Attorney as to Council's next procedure. The City Attorney replied: "I think this is your determina- tion night. And with your permission I would like to ask the City Planner to read into the record the findings for Page 10 9/15/76 217 PUBLIC SERVICES UP-75-334 EARL S. KUHNS (CONT ' D. ) your approval. And if you approve those findings, if you indicate they are in accord with your desires in the matter we would then have a resolution carrying out those findings and implementing your decision, which ever way you decide to go. If you reject these findings then we would have to present a different type of resolution." Mayor Padreddii then requested the Acting City Planner to proceed with his conm~nts which were as follows: "Mr. Mayor, Finding No. 1, that applicant Earl Kuhns, lessee of the premises known as 107 Grand Avenue in South San Francisco, California, which premises is located in the heavy commercial or C-3 district of the City, applied for use permit for said premises as described the nature of the request as follows: newstand, 25-cent coin machine, 15 movie and 15 game." "Two, the applicant through his attorney, Mr. Peter Keane, before the South San Francisco Planning Commission on February 10, 1976, described the physical setup as follows: "As I understand it, quote, the physical setup of the book- store consists of racks of books displaying very explicit material. It consists of machines which are peep show- type machines which show explicit and graphic sexual material. It sells still photographs of such materials, end quote." "No. 3, the City Zoning Ordinance, Ordinance No. 353, as amended, Section 3.62(b) requires a use permit for theaters and uses which in the opinion of the Planning Commission are in a similar nature in a C-3 district and in accordance with Section 5.1(a) requires a use permit for a theater or private recreation center or similar establishment." "No. 4, the use applied for at 107 Grand Avenue by applicant constitutes a theater, private recreation establishment or similar establishment and as same is being proposed for 33 district is subject to the use permit procedures provided for in Ordinance No. 353, as amended, the Zoning Ordinance of South San Francisco." "Five, the use applied for at 107 Grand Avenue is not in conformity with the City's adopted General Plan for said location." "No. 6, the uses applied for at 107 Grand Avenue will not provide the necessary support functions for other uses immediately adjacent thereto and uses in the urban core." Page 11 9/15/76 218 PUBLIC SERVICES UP-75-334 EARL S. KUHNS ( CONT ' D. ) "NO. 7, the uses applied for at 107 Grand Avenue appeal to a market segment essentially unrelated to the existing agglomeration immediately adjacent thereto in the urban core and is sufficiently different as to repel people who are coming to the adjacent area or the urban core, and, therefore, the proposed use is destructive to the existing uses immediately adjacent thereto and in the urban core." "No. 8, the use applied for at 107 Grand Avenue is not a use complementary to the existing uses in the adjacent areas thereto and therefore will interfere with the evolution of the urban core in the pattern designed by the General Plan." "No. 9, the use applied for at 107 Grand Avenue will have a strong adverse effect upon the uses thereto and existing uses in the urban core because immediately upon entering Grand Avenue the proposed use becomes the first thing any potential shopper or visitor sees." "No. 10, the use applied for at 107 Grand Avenue appeals to a market segment different from the market segment appealed to by the uses immediately adjacent thereto and existing uses in the urban core. By reason of the nature of the agglomeration forces which cause strengthening or similar evolution of the agglomeration, the proposed use will weaken rather than strengthen the existing cluster or agglomeration immediately adjacent to the proposed use in the urban core." "No. 11, the use applied for at 107 Grand Avenue by reason of the agglomeration interaction is not consistent with the designed function of the urban core area and will create an imbalance and deficiency detracting from the capacity of the urban core area to perform its economic and civic function as set forth in the General Plan, Zoning Ordinance and plans implementing the General Plan and usage developed in the urban core pursuant thereto." "The proposed use at 107 Grand will promote similar types of uses immediately adjacent thereto which would be counter-productive to the revitalization effort now under way in the urban core pursuant to the General Plan and Zoning Ordinance and improvements undertaken and projected for the urban core." "No. 12, the proposed use at 107 Grand Avenue would have an adverse economic effect on the urban core area and therefore adverse effect on the City." Page 12 9/15/76 219 PUBLIC SERVICES UP-75-334 EARL S. KUHNS (CONT' m. ) RESO. NO. 135-76 DISAPPROVE THE GRANT OF UP-75-334/ EARL S. KUHNS "NO. 13, the building at 107 Grand Avenue in which the proposed use is to be located is not equipped with the required two remotely located exits for public safety as required by the California Administrative Code and Uniform Building Code." "And the last item, Item No. 14, the establishment, maintenance, operation or use of the building at 107 Grand Avenue for which the permit is sought will under the circumstances be detrimental to the health, safety, peace, moral, comfort, general wel fare of persons resi ding and working in the neighborhood of such proposed use and will be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City." The City Attorney then remarked: "Mr. Mayor, these findings now are presented to you in anticipation that they carry out the evidence as presented to you and your observations made tonight." "If these findings meet with your approval we have a resolution disapproving a grant of the use permit at 107 Grand Avenue as applied for by Earl S. Kuhns." "This resolution recites your hearings and recites the things you are considering, recites the findings that you just heard and disapproves a grant of the use permit at 107 Grand Avenue, if that meets with your pleasure." Councilman Battaglia then introduced a resolution entitled: A RESOLUTION DISAPPROVING THE GRANT OF A USE PERMIT FOR 107 GRAND AVENUE APPLIED FOR BY EARL S. KUHNS (UP-75-334). After a brief discussion Roll Call Vote was as follows: Ayes, Councilmen Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii. Noes, none. Absen t, none. Mayor Padreddii then requested the City Clerk to notify the applicant of Council's action in this matter. 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 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. Page 13 9/15/76 22O PUBLIC SERVICES (CONT'D.) NATIONAL ELECTRICAL CODE, 1975 EDITION Public Hearing -- Establishing minimum regulations for electrical s~stems; adopting b~ reference the National Electrical Code, 1975 Edition as amended; and repealing Ordinance 507. A RESOLUTION FINDING AND DETERMINING THAT, BECAUSE OF LOCAL CONDITIONS, THE PUBLIC HEALTH, SAFETY, WELFARE AND NECESSITY, REQUIRE CHANGES OR MODIFICATIONS TO CERTAIN PROVISIONS OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION, AS AMENDED. 1st Reading/Introduction AN ORDINANCE ESTABLISHING MINIMUMREGULATIONS FOR ELECTRICAL SYSTEMS; ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1975 EDITION; AND REPEALING ORDINANCE 507. The Acting Cit~ Manager stated that the Chief Building Inspector would submit a report in this regard. Chief Building Inspector Ro~ Ghilardi requested that Council first take action on the revised resolution which had been submitted, after which Council introduce for the first reading the revised ordinance, after which the.~ set October 20, 1976 as the date for the public hearing on the ordinance and at that time read for the second time and adopt the ordinance. He then commented on the prior hearings and exhibits which had been submitted. Discussion then followed at which time mention was made that the opponents to the ordinance would support the resolution and ordinance with the changes made. After some discussion with regard to the advantages of conduit versus Romex, Councilman Borba moved to accept the original findings as presented b~ the Chief Building Inspector. Councilman Damonte seconded the motion in order to carr~ on the discussion. After further discussion between Staff and Council, Roll Call Vote was as follows: A~es, Councilmen William A. Borba and Emanuele N. Damonte. Noes, Councilmen Richard A. Battaglia, Terr~ J. Mirri and Leo Padreddii. Absent, none. Councilman Damonte then moved that the City accept the compromise that was made between Staff and the two representatives of that building organization, but omit 30 amps and put in instead "should not be more than 20 amps and 115 volts". Councilman Borba seconded the motion after which further discussion followed. Page 14 9/15/76 221 PUBLIC SERVICES NATIONAL ELECTRICAL CODE, 1975 EDITION (CONT'D.) RECESS: RECALL TO ORDER: ORD. AMENDING ORD. 353 RE PCM ZONE DISTRICT REQUIREMENTS ist Reading/Intro The City Attorney stated that if this motion passed, it would take the City back to the table with the building representatives and to be real clear so that we can point to the words in a minute book and say this is what the City is required to do, he felt it would be well to have .that motion real clearly stated in order that there would not be any ambiguities. Motion was made and seconded was regularly carried. Mayor Padreddii then recessed the meeting at 10:22 PM for retaping of the TV cameras. The meeting was recalled to order by Mayor Padreddii at 10:35 PM with all Council present. The Chief Building Inspector at this time brought to Council's attention that the local utilities company's representative mentioned that the City was being serviced with 200 volts and a change in the motion was necessary. The City Attorney then suggested the following motion: To amend the motion previously made regarding the National Electrical Code so that it would read: "Type NM and Type NMC cable shall be permitted to be used only in one and two family dwellings not exceeding three floors above grade and buildings accessory thereto and shall be limited to circuits not exceeding 20 amps or 200 volts." Councilman Damonte so moved, seconded by Councilman Borba and regularly carried. Public Hearing -- To consider the amendment of the PCM Zone District Requirements of Ordinance 353, as amended. Staff Report, dated September 15, 1976, recommending that the City Council adopt an ordinance further amending Section 4.42 of Ordinance 353 as amended, relating to the Use Permit requirements in the PCM Zone District. At the request of the Acting City Manager the Acting City Planner read from his report explaining the amendment. The Mayor declared the public hearing opened, asking if there was anyone present who wished to speak on the matter. Mr. Surendra Amin at this time read his letter, dated September 15, 1976. Upon his conclusion and there being no one else to speak, Mayor Padreddii declared the public hearing closed. Page 15 9/15/76 222 PUBLIC SERVICES ORD. AMENDING ORD. 353 RE PCM ZONE DISTRICT REQUIREMENTS 1st Reading/Intro (COND' D. ) ORD. AMENDING SECTIONS 4.1 32 (c) AND 4.142(b) OF ORD. 353 1st Reading/Intro Further explanation was made by the Acting City Planner, after which Councilman Battaglia 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 only, seconded by Councilman Damonte. The City Attorney then requested an amendment to the ordinance to correspond with the minute entry of the Planning Commission, explaining the amendment. Motion as made, seconded and amended was regularly carried. In answer to Councilman Borba's inquiry, the Acting City Planner explained the change. Councilman Borba then moved that the ordinance entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO, ORDINANCE NO. 353, AS AMENDED (SECTION 4.42), the entire reading of which has been duly waived, be introduced, seconded by Councilman Battaglia and passed by the following roll call vote. 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. Public Hearing -- To consider the amendment of the General Parking Requirements of Ordinance No. 353, as amended. Staff Report, dated September 15, 1976, recommending that Council adopt an ordinance further amending Sections 4.132(c) and 4.142(b) of Ordinance No. 353, as amended, relating to the City's General Parking Requirements. Mayor Padreddii declared the public hearing open, asking if there was anyone present who wished to speak. There being no one to speak in this regard, Mayor Padreddii declared the public hearing closed. The Acting City Planner then briefly explained the item from his Staff Report. Mayor Padreddii ordered the tile 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 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 only, seconded by Councilman Battaglia and passed by a unanimous vote. Page 16 9/15/76 223 PUBLIC SERVICES ORD. AMENDING SECTIONS 4.132 (C) AND 4.142(b) OF ORD. 353 1 S t Reading~In tro ( CONT ' D. ) UP-76-345/ PACIFIC SCHOOL OF MONTESSORI, INC. RESO . NO . 136- 76 DETERMINING THAT EIR FOR NORTH BAYSIDE SYSTEM UNIT SOLID MNGMT PROG COMPLIES WITH GUIDELINES Councilman Battaglia moved that the ordinance entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO, ORDINANCE NO. 353, AS AMENDED (SECTIONS 4.i32(c) AND 4.142(b), the entire reading of which as been duly waived, be introduced, seconded by Councilman Borba and passed by the following roll call vote. 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. Public Hearing -- Appeal of Pacific School of Montessori, Inc.~ UP- 76- 345. Staff Report, dated September 15, 1976, recommending Council uphold the action of the Planning Commission in denying the request for UP-76-345 to establish a school in the R-3 Zone Dis tri ct. The Acting City Planner reported from his Staff Report, after which Mayor Padreddii declared the public hearing opened, asking if there was anyone present who wished to speak on the matter. Offering comments was Mr. Allen Weinstein of 332 Susie Way, South San Francisco and Mr. Peter Fogliani of 671 Fourth Lane. There being no one else to speak, Mayor Padreddii declared the public hearing closed. Councilman Borba then moved, seconded by Councilman Mirri and regularly carried that the decision of the Planning Commission be upheld. Public Hearing -- Environmental Impact Report: North Bayside System Unit Solid Management Program. Staff Report, dated September 15, 1976, recommending that Council review and consider the EIR and determine that it has been prepared and completed in accordance with the California Environmental Quality Act of 1970 and the City of SOuth San Francisco Guidelines. The Acting City Manager commented that Mr. John Jenks was present to speak on the matter after Council heard the Acting City Planner's report. After an explanation from his Staff Report, the Acting City Planner recommended a motion to authorize Staff to file a notice of determination. Mr. John Jenks at this time explained in detail the program for Solid Waste Management, what the City had done in this regard, how to meet the impending needs and the grants available to do the work. Page 17 9/15/76 224 PUBLIC SERVICES RESO. 136- 76 DETERMINING THAT EIR FOR NORTH BAYSIDE SYSTEM UNIT SOLID ~NGMT PROG COMPLIES WITH GUIDELINES (CONT ' m. ) RESO. NO. 137-76 AWARD OF CONTRACT - COLMA CREEK TRIBUTARIES DREDGING PROGRAM RESO. NO. 138-76 AWARD OF CONTRACT - 1976-77 STREET RESURFACING PROG. After discussion Mayor Padreddii declared the public hearing opened, asking if there was anyone present who wished to speak. There being no one to speak, Mayor Padreddii declared the public hearing closed. Councilman Battaglia then introduced a resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DETERMINING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE PROPOSED NORTH BAYSIDE SYSTEM UNIT SOLIDS MANAGEMENT PROGRAM COMPLIES WITH THE GUIDELINES ESTABLISHED BY THE CITY OF SOUTH SAN FRANCISCO AND THE STATE GUIDELINES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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. The Acting City Planner then requested that Council adopt a motion to direct Staff to file a notice of determination that the project is completed in accordance with the City's ordinance and the City of South San Francisco's guidelines for Environmental Impact Report. Councilman Borba so moved, seconded by Councilman Battaglia and regularly carried. Staff Report, dated September 15, 1976, recommending Council award the 1976-77 Colma Creek Tributaries Dredging Program to Chet C. Smith Trucking Company of San Francisco, who submitted the lowest responsible bid in the amount of $9,878.00. After brief discussion by Council and Staff, Councilman Battaglia introduced a resolution entitled: A RESOLUTION OF AWARD OF CONTRACT FOR 1976-77 COLMA CREEK TRIBUTARIES DREDGING PROGRAM (PROJECT SB- 76-1). 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. Staff Report, dated September 15, 1976, recommending Council award the 1976-77 Street Resurfacing Program to Gray & Lewis, Inc. of San Carlos, who submitted the lowest responsible bid in the amount of $62,758.00. Councilman Borba introduced a resolution entitled: A RESOLUTION OF AWARD OF CONTRACT 1976-77 STREET RESURFACING PROGRAM, PROJECT ST 76-2. 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. Page 18 9/15/76 225 PUBLIC SERVICES (CONT' D. ) RESO. NO. 139- 76 ACCEPT GRANT OF ESMT FROM FLOYD S. AND BEATRICE E. HICKS RESO. NO. 140-76 ACCEPT GRANT OF ESMT FROM MICHAEL AND RITA AREVALO RESOLUTIONS RE GELLERT BOULEVARD EXTENSION PROJECT Staff Report, dated September 15, 1976, recommending Council adopt a resolution accepting the Escanyo Drive Sewer Replace- ment Sanitary Sewer Easement and Temporary Construction Easement from Floyd S. Hicks and Beatrice E. Hicks. Councilman Battaglia introduced a resolution entitled: A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM FLOYD S. HICKS AND BEATRICE E. HICKS, HIS WIFE, AS JOINT TENANTS (EASEMENT FOR SANITARY SEWER LINE). 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. Staff Report, dated September 15, 1976, recommending Council adopt a resolution accepting the Escanyo Drive Sewer Replace- ment Sanitary Sewer Easement and Temporary Construction Easement from Michael Arevalo and Rita Arevalo. Councilman Damonte introduced a resolution entitled: RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM MICHAEL AREVALO AND RITA AREVALO, ltIS WIFE, AS JOINT TENANTS (EASEMENT FRO SANITARY SEWER LINE). A 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. Staff Report, dated September 15, 1976, submitting for adoption the following resolutions in connection with the Gellert Boulevard Extension Project: A RESOLUTION REQUESTING CONSENT OF THE CITY COUNCIL OF THE CITY OF DALY CITY. A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN MATEO. A RESOLUTION RESCINDING RESOLUTION NO. 5593 ENTITLED, "A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS". A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONSTRUC- TION AND INSTALLATION OF TRAFFIC-SIGNALIZATION IMPROVEMENTS. Councilman Battaglia requested that nothing be done on this matter until Mr. Callan came in with some documents from K-Mart. Lengthy disCussion followed between Council and Staff after which Councilman Battaglia moved to table this item until such time as Mr. Callan brings a signed contract before this Council showing that he has K-Mart signed up to either erect a building or lease a building on that site. Councilman Mirri seconded the motion after which Councilman Damonte proposed an addition that it be developed under a P.U.D. Both Councilmen Battaglia and Mirri agreed to this. Motion as made, seconded and amended was regularly carried. Page 19 9/15/76 226 PUBLIC SERVICES (CONT' D. ) SUPPORT REQUEST OF CAL TRANS TO DETACH 0.015 ACRES FROM CITY OF SSF ITEMS FROM COUNCIL NORTHGATE TRANSIT COMPANY LAND EXCHANGE WITH CITY OF BRISBANE STORAGE OF HISTORICAL DOCUMENTS AT GRAND AVENUE LIBRARY USE OF CITY SEALS ON CITY VEHICLES HISTORICAL DISPLAY OF PHOTOGRAPHS OF CITY ~ Staff Report, dated September 15, 1976, recommending that Council by motion direct Staff to contact the Local Agency Formation Commission for the purpose of supporting the request of Cal Trans to reorganize the territory of the City of South San Francisco to detach 0.015 acres (670 square feet) from the City of South San Francisco. Councilman Battaglia moved, seconded by Councilman Damonte and regularly carried that the recommendation of the Acting Director of Public Services be approved and accepted. Councilman Battaglia stated that Janet Fogerty of the County Transportation District was present this evening and wished to get Council's opinion on the matter of the Northgate Transit Company. Janet Fogerty commented that the Transit District Board was trying to acquire ownership, that an appraisal had been made with offers to hire the present drivers and General Manager. She further commented that the Northgate Transit Company attorney had informed the District that they wished to go through condemnation. After some discussion and there being no objections, Mayor Padreddii appointed Councilman Battaglia as the City's representative to support the County Transportation District. Councilman Borba at this time brought to Council's attention the recent news article relative to the proposed development by the City of Brisbane of land which they proposed to exchange with the City of South San Francisco. He proposed that before any land exchange were made the City should have all the information. The Acting City Manager stated that Staff was also surprised by the article but had no knowledge of the information which appeared in the news release. In answer to Councilman Damonte's inquiry, the Acting City Manager stated that he had a report to forward regarding the storage of historical documents at the Grand Avenue Library. The Acting City Manager in answer to Councilman Damonte's inquiry regarding the use of City seals on City vehicles stated that a report was being prepared and would be s ubmi tted. Councilman Mirri at this time invited the public to view the historical display of photographs of the City which were in the West Orange Avenue Library. Page 20 9/15/76 227 ITEMS FROM COUNCIL (CONT ' D. ) BICENTENNIAL PARADE ADJOURNMENT In answer to Councilman Mirri's inquiry, Councilman Borba explained in detail the plans and route of the Bicentennial Parade. There being nothing further to come before Council, Mayor Padreddii adjourned the meeting. Time of adjournment was 12:05 PM. RESP~ECTFULLY SUBleTED: Arthur A. Rodond~, Cit~ Clerk 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 21 9/15/76