HomeMy WebLinkAboutMinutes 1967-03-20REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANCISCO
HELD ~ONDAY, MARCH 20, 1967
TIME:
PLACE:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
AND INVOCATION:
ROLL CALL:
MINUTES:
CLAIMS:
PARKING DISTRICT
NO. 1 CLAIMS:
CABOT, CABOT & FORBES
INDUSTRIAL PARK UNIT
NO. 1 CLAIM:
STONEGATE RIDGE CLAIM:
PUBLIC HEARING
P.C. RESOLUTION
NO. 2080:
PUBLIC HEARING
USE PERMIT UP-30
SOLID WASTE MATERIAL
INCINERATOR:
8:00 p.m.
Council Chambers, City Hall.
The meeting was called to order by Mayor Frank Bertucelli at 8:01 p.m.
The Pledge of Allegiance to the Flag was recited after which Reverend Paul P. Coleman
of St. Veronica's Catholic Church gave the invocation.
Present:
Absent:
Councilmen Frank J. Bertucelli, Patrick E. Ahern, Emilio Cortesi and
Andrew Rocca
Councilman Guido J. Rozzi
Mayor Bertucelli asked if there was a motion approving the minutes of the regular
meeting of March 6, 1967.
Councilman Ahern moved, seconded by Councilmam Rocca and regularly carried, that the
minutes of the regular meeting of March 6, 1967 be approved as submitted.
Mayor Bertucelli then asked if there was a motion approving the regular claims as
submitted for payment.
Councilman Rocca moved, seconded by Councilman Ahern and regularly carried, that the
regular claims totaling $52,569.67 he approvec for payment.
Mayor Bertucelli asked if there was a motion &pproving the claims for Parking
District No. 1 as submitted for payment.
Councilman Ahern moved, seconded by Councilmar. Rocca and regularly carried, that
the claims as submitted for Parking District b'o. 1 totaling$913.11 be approved
for payment.
Cabot, Cabot & Forbes Industrial Park, Unit No. 1 Claim:
Pacific Gas & Electric Company claim dated February 8, 1967 in the amount of
$3,693.44 for actual cost of relocating electric facilities from Allerton Avenue
to rear lot line easements.
Councilman Rocca moved, seconded by Councilman Ahern and regularly carried, that the
claim as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 1 be approved
for payment.
Stoneqate Ridqe Assessment District Claim:
The Lowrie Paving Co., Inc., claim dated February 28, 1967 in the amount of
$4,317.79 for Progress Billing No. 9.
Councilman Ahern moved, seconded by Councilmar Rocca and regularly carried, that the
claim as submitted for Stonegate Ridge Assessment District be approved for payment.
The next item was the continued Public Hearin~ on Planning Commission Resolution
No. 2080 entitled: "A RESOLUTION OF THE PLANhING CO~ISSION OF THE CITY OF SOUTH
SAN FRANCISCO RECO~ENDING TO THE CITY COUNCIL APPROVAL OF THE AMENDMENT PETITION
OF CAESAR-CALLAN HOMES, INC., SO AS TO REZONE AN APPROXIMATELY 180-ACRE PARCEL OF
LAND FROM A 'U' DISTRICT TO A 'PC' DISTRICT."
There being no objections, Mayor Bertucelli continued the Public Hearing.
The next item was the continued Public Hearing on Appeal from Use Permit Order UP-30
of the South San Francisco Planning Commissior - Solid Waste Material Incinerator
Northwesterly corner of Harbor Way and Mitchell Avenue,
Mayor Bertucelli asked if there was anyone in the audience who wished to speak~on the
matter.
Mr. Walter Capaccioli of the law firm of Trageutsis and Capaccioli made the following
statement:
"My name is Walter Capaccioli and am representing the applicants, The SOuth
San Francisco Industrial Park Associatlor, and request you adopt a resolution
disapproving the granting under Section 6.25(a)3 of Ordinance No. 552 under
the following grounds based on the eviderce introduced at the Hearings of
3anuary 16 and February 6 and other Study Sessions:
The proposed incinerator at Mitchell and Harbor Way is, in our opinion,
incompatible with surrounding development. It isn't compatible with the
area as it has been developed in the past two years. The City Council should
he commended on its foresight and wisdom in developing Cabot, Cabot & Forbes
and Utah Park as two of the most successful industrial areas in California.
124
PUBLIC HEARING
USE PERMIT UP-30:
(CONTINUED)
"In addition, one more ground to put forward i~ support of our request:
The Planning Commission in granting~ the Use Permit failed in accordance with
the Ordinance when they sent this matter to the Council without any Findings
of Fact. In addition, Nit. Pass and the ~lanning Commission incorrectly placed
the Burden of Proof upon the City instead of upon the applicant."
Mr. Capaccioli requested a motion for a resolJtion by the Council denying the
granting of the Use Permit.
There being no further discussion on the matter, Mayor Bertucelli declared the Public
Hearing closed.
City Attorney Noonan suggested that Council had three alternatives: (1) to approve;
(2) to modify or (3) to disapprove, all requiring Findings in regards to health,
safety, peace, morals, comfort and general welfare. Nlr. Noonan stated that if Council
desired a resolution approving, it must recite that you find the evidence does not
prove that the incinerator to be adverse to tiJe health, safety, peace, morals, com-
fort and general welfare. If Council desires to deny or disapprove, based on the
grounds under the existence that you do find %hat it is detrimental to the health,
safety, peace, morals, comfort and general we_fare.
Councilman Ahem moved that we disapprove, seconded by Councilman Rocca who stated
that it was the feeling of the Council, in thcs particular location, they go along
with the denying, further stating that these Deople should have the opportunity to
find another location suitable to the welfare of the City and be given permission,
and regularly carried.
RESOLUTION NO. 4638
DISAPPROVING GRANTING
OF USE PERMIT ORDER
UP-30 (INCINERATOR):
City Attorney Noonan commented that a resolution would be in order in place of the
motion, expIaining the resoIution after which CounciIman Ahem introduced a reso-
lution entitIed: "A RESOLUTION DISAPPROVING ,-HE GRANTING OF A USE PERMIT ORDER
UP-30 (SOLID WASTE NDiTERIAL INCINERATOR NORTHWESTERLY CORNER HARBOR WAY AND MITCHELL
AVENUE)."
Roll call vote was as follows: Ayes, Councilmen Frank 3. Bertucelli, Patrick E. Ahem,
Emilio Cortesi and Andrew Rocca. Noes, none. Absent, Councilman Guido 3. Rozzi.
PROCLAMATION
COM~NITY APPRECIATION
WEEK MARCH 27-31, 1967:
PROCLAMATION
CANCER CONTROL MONTH
APRIL 1-30, 1967:
'7
RESOLUTION NO. 4639
DETERMINING UNPAID ASSESS-
MENTS AND PROVIDING FOR
ISSUANCE OF PORTION OF
BONDS-G.C.&F.N2-A:
The next item to be considered was the Proclamation designating March 27 - 31, 1967
as'FX)MMUNITY APPRECIATION WEEK."
Mayor Bertucelli so proclaimed.
The next item was the Proclamation designating the period of April 1 -30, 1967 as
"CANCER CONTROL NDNTH."
Mayor Bertucelli so proclaimed.
City Attorney Noonan explained the resolution which had been prepared for Council's
attention after which Councilman Rocca introduced: "A RESOLUTION DETERMINING UNPAID
ASSESSMENTS AND PROVIDING FOR ISSUANCE OF PORTION OF BONDS - CABOT, CABOT & FORBES
INDUSTRIAL PARK, UNIT NO. 2-A."
Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern,
Emilio Cortesi and Andrew Rocca. Noes, none. Absent, Councilman Guido 3. Rozzi.
RESOLUTION NO. 4640
AUTHORIZES EXECUTION OF
AGREEMENT - TENNIS COURT
COMPLEX ORANGE AVE. PARK:
City Attorney Noonan explained the next resolttion after which Councilman Ahem intro-
duced: "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROYSTON, HANAMOTO,
MAYES & BECK - TENNIS COURT COMPLEX FOR ORANGE AVENUE MEMORIAL PARK."
Roi1 call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem,
Emilio Cortesi and Andrew Rocca. Noes, none. Absent, Councilman Guido 3. Rozzi.
RESOLUTION NO. 4641 City Attorney Noonan explained the resolution congratulating the Beauty Contestants
CONGRATULATING BARBARA SAMS who were successful in the Miss San Mateo Courty of 1967 Contest, after which Councilman
AND JUDY AMBLER - MISS SAN Ahem introduced: "A RESOLUTION EXTENDING C05GRATULATIONS TO MISS BARBARA SAMS AND
MATEO COUNTY 1967: MISS JUDY AMBLER."
-~'~ ~ / 7 Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem,
Emilio Cortesi and Andrew Rocca. Noes, none. Absent, Councilman Guido 3. Rozzi.
RESOLUTION NO. 4642
SETTING TIME FOR CATV
FRANCHISE AWARD:
City Attorney Noonan explained the next resolttion which had been prepared, after which
Councilman Ahern introduced: "A RESOLUTION SETTING TIME FOR CATV FRANCHISE AWARD."
Roll call vote was as follows: Ayes, Councilmen Frank J. BertucelC, Patrick E. Ahem,
Emilio Cortesi, and Andrew Rocca. Noes, none. Absent, Councilman Guido 3. Rozzi.
RESOLUTION NO. 4643
AUTHORIZING TRANSFER OF
FUNDS AND APPROVAL FOR
EXPENDITURE OF GAS TAX
FUNDS CLAY AVE. OVERPASS:
RESOLUTION NO. 4644
AUTHORIZING NEGOTIATION
OF AGREEMENT FOR ARCHI-
TECTURAL SERVICES
WESTBOROUGH PARK:
City Attorney Noonan explained the next resolution after which Councilman Rocca intro-
duced: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUTHO-
RIZING TRANSFER OF FUNDS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPLY FOR
APPROVAL OF EXPENDITURE OF GAS TAX FUNDS ON CLAY AVENUE OVERPASS UNDER THE PROVISIONS
OF SECTION 2107 OF THE HIGHWAY CODE."
Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern,
Emilio Cortesi and Ahdrew Rocca. Noes, none. Absent, Councilman Guido J. Rozzi.
The next resolution was explained by City Attorney John Noonan after which Councilman
Ahern introduced: "A RESOLUTION AUTHORIZING NEGOTIATION OF AN AGREEMENT FOR ARCHI-
TECTURAL LANDSCAPE SERVICES - WESTBOROUGH PARK."
Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern,
Emilio Cortesi and Andrew Rocca. Noes, none. Absent, Councilman Guido 3. Rozzi.
REQUEST FOR TRAFFIC
SIGNAL AT WESTBOROUGH
BLVD. AND OAKMONT-CALLAN:
CLAIM AS FILED BY
,MRS. MAGGIE WILSON:
FIRE HOSE AWARD TO
AMERICAN .RUBBER GO.:
PLANNING STUDIES REQUEST
OF RECREATION COMMISSION
WESTBOROUGH PARK LANDS:
MONTHLY REPORTS
DEPARTMENT OF
ALCOHOLIC BEVERAGE
CONTROL:
GOOD AND WELFAREs*
DISCUSSION CONCERNING
OVERPASS CAMARITAS AND
WEST ORANGE:
The next item for Council's consideration was the communication dated March 7, 1967
from the Westborough Homeowners Improvement Association forwarding their resolution
which requests the installation of a traffic signal at the intersection of Westborough
Boulevard and Oakmont-Callan Drive.
There being no objections, Mayor Bertucelli requested the Director of Public Works
to meet with the developer concerning this reqaest.
The next item was the claim for personal injuries as filed by Mrs. Maggie Wilson for
alleged injuries sustained as a result of a fall on 3anuary 17, 1967 in the vicinity
of Linden Avenue and Airport Boulevard.
Councilman Rocca moved, seconded by Councilman Ahern and regularly carried, that the
claim be denied and referred to the City's insurance carrier.
The next item was the Inter-Office Memorandum dated February 28, 1967 from Assistant
Fire Chief A. Brauns, submitting compilation of bids and recommending award to the
lowest bidder on 600 ft. of 1½" hose, 1500 ft. of 2½" hose and 350 ft. of 3" hose,
American Rubber Company.
City Manager Eugene Aiello declared the bids received, stating that the low bidder
was American Rubber Company.
Councilman Rocca moved, seconded by Councilman Cortesi and regularly carried, that
the recommendation of the Assistant Fire Chief be approved and accepted and award made
to the lowest bidder, American Rubber Company.
The next item for Council's attention was the 2nter-Office Memorandum dated March 21,
1967 from the Recreation Commission recommendi%g employment of the firm of Royston,
Hanamoto, Mayes and Beck to perform planning s~udies for the Westborough Park Lands.
This matter having been acted on under Resolutions, no further action was taken.
Monthly Reports were received from the following:
Building Inspection Department - February 1967
Fire Department - February 1967
Police Department - 3anuary 1967
There being no objections, Mayor Bertucelli ordered the reports accepted and placed
on file.
Department of Alcoholic BeveraQe Control:
Application as filed for by House of Seagram, Inc., for Distilled
Spirits Mfgs. Agents; Distilled Spirits Importers; Beer & Wine
Wholesalers; Beer & Wine Importers a5 164 Marco Way.
There being no objections, Mayor Bertucelli ordered the report filed.
There being nothing further, Mayor Bertucelli asked if any member of the City Council
had anything they wished to offer under Good and Welfare.
There being none, Mayor Bertucelll at this time made the following statement:
"Gentlemen: You will recall at the kast meeting I made a request
for a study and recommendation with regard to a pedestrian overpass at
Camaritas and Westborough Extension.
Gentlemen, when we receive the formal request from our City Manager,
Police Department and Department of Public Works, we will confer with the
County regarding the addition of the overpass to the overall project. We
on the Council share the interest taken by the citizens of our City in
regards to the safety and welfare of our children."
Mayor Bertucelli then asked if anyone present in the audience wished to offer anything
under Good and Welfare.
Mrs. Robert Bergero, 36 Escanyo Drive, read from a prepared statement concerning the
matter of the intersection at West Orange and Camaritas and the danger to pedestrians
as a result of increased traffic by the construction of the Westborough Expressway,
commenting on the meeting which had been held on March 16 attended by interested citizens
in the area, stating that~ny parents had circulated petitions after the meeting and had
received 799 signatures concerning the matter of the intersection. It was her request
that an open Public Hearing before the Council be held at which time there could be in
attendance those persons interested in this matter to voice their opinions prior to
final plans being approved by Council. She then filed the Petitions with the City.
Mayor BertUcelli commented that Council was presently studying the matter of the overpass
and that as soon as a report had been received, would be glad to meet with the people
and discuss the matter in full, further remarking that the safety of our children was
of prime importance to everyone.
Discussion then followed as to when the plans ~ould be received and what would be shown
with regard to the intersection to which the Director of Public Works, Mr. Louis Goss,
replied that they were expected from the County £ngineer in the next two weeks, that
only signals would be shown but that his office was preparing a].ternate plans for an
overpass.
Discussion followed at which time the Council expressed its desire to have the people
present when the matter was discussed.
GOOD AND ~ELFARE:
(CO~TT~)
Mrs. Beverly Fotos, 48 Escanyo Drive, asked concerning the overpass and whether this
was the concern of the County to which she was told that this was strictly a City matter.
Mrs. Vincent D'Amlco, 136 San Feli~ Avenue, commented that pedestrians would not be
given sufficient time to cross the intersection by the use of signals, especially those
mothers who were accompanied by children who would be using strollers, particularly now
that the new library had been opened and was in use.
Mrs. Mary Ortner, 32 Escanyo Drive, stated that Ntr. Dempsey of the County was calling
on residents individually concerning land acquisition on their property and it appeared
that the County was anxious to undertake the construc~on of the road. She likewise
asked for an explanation as to why the City paid the County the $50,000 for plans which
were still not available and which apparently were to be used for work on unincorporated
territory in the City.
City Manager Aiello briefly stated that the contract did provide for the payment of
money for the plans within the County area and that in addition the matter was a co-
operative project in which the City would permit the County to carry on as one project
and to plan and let contracts for construction for both the area within the City and
outside the City.
Discussion then followed concerning Council's 9flor action in this regard after which
Mrs. Ortner stated that there was a need for a Study Session separate from the Public
Hearing to clear up many questions before the 91ans were'returned to the County with
the City's approval and that they were requesting this Study Session.
Further discussion followed concerning the matter of a new Study Session after which
Mrs. Ortner made mention of the Council's meeting at 9 o'clock in the morning prior
to meeting with the County the same day which was February 23. Mayor Bertucelli ex-
plained that this was not a meeting but a consultation of staff prior to the meeting
with the County, that the City did not receive notification until the 21st of February
late, that the 22nd was a holiday at which time the City Hall was closed and records
were not available and that the morning of the 23rd, was the only time that such in-
formation could be obtained.
Discussion then followed at which time Mrs. Ortner remarked that the Council had violated
the Brown Act by conducting such a meeting and that the only reason the press was present
was because they happened to be at City Hall at the time the meeting was being held and
that no official notification had been made.
Council again stated that this was not a meeti~ but merely a Study Session at which
staff was in attendance.
Mr. Donald Gamma, 46 Escanyo Drive, remarked t~at Council had previously done nothing
concerning the matter of the expressway and it was only during the last few months that
it took some action because of the concern and interest which was expressed by the
residents of the area. He likewise commented on the County land agents making their
calls and offers to individual property owners stating that he did not feel this was
right without first reviewing the final completed plans.
Further discussion followed concerning this matter after which Mr. Gamma commented
that the County was attempting to push this through on individual basis without going
to the association with completed plans and before the Council had approved them. He
requested that the City contact the County con:erning this matter.
Further discussion followed concerning this master at which time the Mayor requested
that the City Manager contact the County and iaform them that the plans should be
available for everyone's inspection prior to their making arrangements for land
acquisition. Mr. Gamma suggested that the plaas be reviewed by the home owners before
being contacted on the sale of their property.
Mrs. Ortner then informed Council of a conversation which she had with Mr. Dempsey
from the County at 3:15 p.m. on Saturday afterloon regarding land acquisitions.
City Attorney Noonan then explained the procedure involved in answer to Nits. Fotos'
question if the County could condemn the property before the City had the plans to work on,
Discussion followed concerning the fill which was to be placed in the area after which
the City Attorney stated that the property owners should have the opportunity of
seeing how the development affected their propnrties.
Mr. Edward Simpson, 56 Escanyo Drive, informed the Council of a conversation which he
had with Mr. Dempsey with regard to the sale of his property and the matter of fill.
Further discussion followed at which time the Council mentioned that the City wished
to obtain the services of an architect to work with the residents.
Mayor Bertucelli at this time made the followiag statement%
"Gentlemen: You will recall that the Council is requiring landscape
planting on the slopes in back of the homes along the Westborough Extension.
The property owners in that area requesteJ that we confer with them regarding
the selection of a landscape architect. If it meets with your approval, may
I have a motion that a list of architects be made and a conference meeting
· be set with the Buri Buri Homeowners Association and property owners -- so
that we can come to an agreement regarding landscape architect."
Councilman Ahem so moved, seconded by Councilman Rocca and regularly carried, after
which Mayor Bertucelli instructed the City Manager to contact some landscape architects
and to report the matter to Council.
GOOD AND ~ELFARE:
(COntINUED)
ADJOURNMENT:
Nancy Hale, '123 Cuesta Drive, asked if the lanCscape architects would have anything
to do with the intersection with or without the overpass.
Discussion then followed concerning this matter.
Mrs. Bergero asked if Chestnut Avenue was considered a truck route and would the
expressway be so designated at which time the City Manager replied that Chestnut
Avenue was a truck route but that %%'estborough was not and that the City would not
have any control in an area not within its limits, and that the County would make
this designation.
Mr. Imprescia, 125 Cuesta Drive, commented on nhe trucks traveling through the thickly
populated areas, stating that their chief concern were %he pedestrians, a great number
of whom would be children and old people crossing this expressway. He stated that this
should be no problem since he was sure the Council realized the situation that existed
and was certain that an overpass would be given serious consideration. ~j
Discussion then followed concerning the matter of policing the area which was explained
by Police Chief Fabbri.
Mrs. Ortner then brought to Council's attentio% the matter of truck noises which would
prevail as a result of trucks' shifting gears at intersections where traffic signals
would be placed. In answer to a question as to who would pay for the widening of
Westborough Boulevard, the City Manager replied that it would be s[llred by three agencies:
City, County and developer. Ntrs. Ortner suggested the employment of Hickey Boulevard
as a truck route and %he adoption of an ordinance to keep trucks from the Westborough
Expressway.
Further discussion followed at which time Nits. Ortner again requested a Studv Session
between the Council and the residents of the a~ea after which Nits. 3ean Stupf61, 226
Gamaritas Avenue, asked if the expressway would close off Camaritas to which she was
informed that it would not be closed off.
(*The discussion contained herein are excerpts and not verbatim.)
Councilman Rocca moved, seconded by Councilman Ahem and regularly carried, that the
meeting be adjourned to Monday~ April 3~ 1967.
Time of adjournment: 9:16 p.m.
RESPECTFULLY SUBMITTED,
APPROVED:
' /~/_/ Mayor
// ~ ~ / __,,
Git ~'-Cl erk