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HomeMy WebLinkAboutMinutes 1969-05-19REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, MAY 19, 1969 TIME: PLACE: CALL TO ORDERs PLEDC~ OF ALLEGIANCE AND INVOCATION: ROLL CALL: MINUTES: CLAIMS: PARKING DISTRICT NO. 1 CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2 CLAIM: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2A CLAIM: 1969 SO. AIRPORT BLVD. SANITARY SEWER ASSESS- MENT DISTRICT CLAIMS~ PUBLIC HEARI~ UP-114 TO ESTABLISH 18- UNIT RESIDENTIAL CLUSTER - BOTIEFF P~PERTY: ~ d~ G 0 SUBMISSION OF PETITION FAVORING O]MPLEX: INCORPORATION OF STATEMENT, PETITION, DRAWINGS IN PUBLIC HEARING: 8:00 p.m. Council Chambers, City Hall. The meeting was called to order by Mayor Bertucelli at 8=01 p.m. The Pledge of Allegiance to the Flag was recited after which Father Louis Facchino of All Souls Church, in the absence of Monsignor Eugene Gallagher, gave the Invocation. Present Absent: Councilmen Frank J. Bertucelli, Patrick E. Andrew Rocca and Warren Steinkamp. None. Ahern, F. Frank Mammini, Mayor Bertucelli asked if there was a motion approving the Minutes of the regular meeting of May 5, 1969. Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the Minutes of the regular meeting of May 5, 1969 he approved as submitted. Mayor Bertucelli then asked if there was a motion approving the regular claims as submitted for payment. Councilman Mammini moved, seconded by Councilman Rocca and regularly carried, that the regular claims, totaling $44,725.50, be approved for payment. Mayor Bertucelli asked if there was a motion approving the claims for Parking District No. 1 as submitted for payment. Councilman Rocca moved, seconded by Councilman Steinkamp and regularly carried, that the claims as submitted for Parking District No. 1, totaling $56.75, be approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2 Claim:, The Lowrie Paving Company claim dated April 30, 1969 in the amount of $7,855.84 for work performed. Councilman Ahem moved, seconded by Councilman Rocca and regularly carried, that the claim,! as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2, be approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2A Claim: The Lowrie Paving Company claim dated April 30, 1969 in the amount of $7,855.83 for work performed. Councilman Rocca moved, seconded by Councilman Bertucelli and regularly carried, that the claim as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2A, be approved for payment. 1969 So. Airport Blvd. Sanitary Sewer Assessment District Claims: (a) L. C. Smith Company claim dated April 29, 1969 in the amount of $25,160.64 for Services and Materials. (b) Testing and Controls, Inc., claim dated April 25, 1969 in the amount of $82.00 for Soils Tests. Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the claims as submitted for 1969 So. Airport Blvd. Sanitary Sewer Assessment District be approved for payment. Councilman Rocca abstained from voting. The next item was the Notice of Hearing - Appeal from Use Permit Order UP-114 of the South San Francisco Planning Commission denial of a Use Permit to establish an 18-unit residential cluster project in a'~' District. Mayor Bertucelli declared the Public Hearing opened, asking if any written protests had been received, to which the City Clerk replied that none had been received, with the exception of the appeal from the applicant. Mayor Bertucelli asked if anyone present in the audience wished to offer a protest. Mr. David John Rivera, Architect, stated that he was present in behalf of his client, Mr. William Botieff. He read from a prepared statement dated May 19, 1969 which he had distributed to the members of the City Council, explaining from drawings which had been prepared for Study Purposes Only by the office of the City Planner and from drawings which he had prepared. He likewise submitted to Council a petition which had been signed by residents ~n the area which favored the development as proposed by Mr. Botieff. A copy of the prepared statement, petition and drawings are incorporated herewith and made a part of the Public Hearing on Use Permit No. 114. PUBLIC HEARING UP-114: (CONTINUED) s RECESS: RECALL TO ORDER: RESOLUTION NO. 5083 IN HONOR OF JUDGE WAYNE MILLINGTON: After Mr. Rivera had concluded reading his statement, lengthy discussion followed. Councilman Mammini made mention that the request constituted "spot zoning" in an R-1 area. Nit. William Botieff, 400 Dianne Court, spoke in his own behalf, stating that the area was not R-1 but presently, Unclassified. He likewise stated that it was unknown at this time in what manner the neighboring McClellan and school properties would be developed in the future. Mr. Botieff continued by remarking that the homeowners in the area were constantly complaining of the problems of grass fires, dumping of debris and other activities which took place; also that if he were obliged to develop only four single-family dwellings~ the cost would be prohibitive. Councilman Mammini commented that the thinking was different with regard to land density since the applicant was concerned with building coverage whereas the Planning Department was concerned with the number of people in the are~ City Planner Daniel Pass then in detail discussed the application, remarking that the proposed plan was a violation of the General Plan of 1947 and 1966 as well as contrary to the existing Zoning Plan. He stated that should the applicant submit a revised plan of eight or nine units, that the Planning Commission might favorably consider approval of such a plan. He then read from the Planning Commission's findings, explaining what constituted "spot zoning." Councilman Ahem at this time remarked that, in his opinion, this was not different from the rezoning of a parcel of property owned by the Giannini family on Mission Road. Further discussion followed at which time Mr. John Rupena, 236 E1Campo Drive, spoke in support of Nit. Botieff's proposed development, stating that the area was now being used for garbage dumping, car s~ipping and other illegal activities and that something should be done for this area. Councilman Ahem suggested that the members of the City Council go as a group or indi- viduals to make an on-site view of the property. Councilman Steinkamp commented that it would be proper to continue the matter and during the interim, make a physical inspection of the site. Mr. Jack Meserve, General Manager of McClellan Nursery, stated that the property in question had originally been sold to a church for development as a park and in view of the fact that it was not being done so, opposed the applicant's request. Mr. Robert Heath, 508 Del Monte Avenue, stated that the church did not develop the area because of a lack of finances; that in fourteen years, nothing had been put in and suggested that the development he allowed. Discussion then followed concerning the matter of improving the street which was ex- plained in detail by City Planner Pass, after which Councilman Rocca stated that in view of the fact that Mr. Pass had indicated that the Planning Commission might favorably look at a revised plan, suggested to the developer that he alter his plans and return them to the Planning Commission for their further action. Mr. James Moran, 403 Camaritas Avenue, remarked that he lived in the area since 1963 and favored the development of Mr. Botieff which would eliminate the areabeing used as a dumping site and a fire hazard as well as other illegal activities. He made mention of the school and McClellan Nursery having had difficulties with break-ins and damages and that this development would eliminate these problems. Councilman Rocca commented, in answer to Mr. Moran, that the City was anxious to have the area developed, hut in the best possible manner which would be favorable to everyone concerned. Further discussion followed on matters which had been discussed earlier after which Mayor Bertucelli stated that it was his personal feeling that the development of Mr. Botieff was a good one and that he would like to see the area of both the school and Mr. Botieff's parcel developed by each. After brief discussion, Mayor Bertucelli introduced a motion, seconded by Councilman Steinkamp and regularly carried, that no action be taken on the matter this evening but that Councilman Ahern's earlier suggestion of site inspection be accepted and the matter continued to the next regular meeting. Mayor Bertucelli declared a recess at 9:40 p.m. Mayor Bertucelll recalled the meeting to order at 9:50 p.m. The next item was the Proclamation designating the month of May 1969 as "SENIOR CITIZENS NDNTH." Mayor Bertucelli so proclaimed. City Attorney Noonan explained the first resolution honoring Judge Wayne Millington for his contribution to the judicial system after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION IN HONOR OF JUDGE WAYNE MILLINGTON." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes~ none. Absent, none. RESOLUTION NO. 5084 ACCEPTING A GRANT DEED FROM CAESAR CALLAN H~ES STREET & HIGHWAY PURPOSES~ RESOLUTION NO. 5085 ACCEPTING A GRANT DEED FROM RONALD BARRANTI AND MARG~ L. BARRANTI: RESOLUTIONS CONCERNING WESTBOROUGH AND WESTBOROUGH BOULEVARD EXTENSION ~ RESOLUTION NO. 5086 AUTHORIZING CONSENT TO CONVEYANCE OF PARCEL 4 WEST PARK 1 AND 25 RESOLUTION NO. 5087 CONSENTING TO CONVEYANCE OF PARCEL 8 WEST PARK 1 AND 2: RESOLUTION NO. 5088 CORRECTING A CLERICAL ERROR IN RESO. NO. 4953: ORDINANCE PROVIDING FOR INSTALLATION OF ANNUNCIATOR BOARDS, FIRE HOSES, ETC: 1 st Reading/I ntroducti on City Attorney Noonan explained the next resolution accepting a Grant Deed from Caesar Callan Homes, Inc., for the area at King and Callan Drives for street and highway purposes, after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION ACCEPTING A GRANT DEED FROM CAESAR CALLAN HO~S, INC., FOR STREET AND HIGHWAY PURPOSES." Roll call vote was as follows~ Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. The next item was the Inter-Office Memorandum dated May 8, 1969 from the Director of Public Works forwarding executed Deed and Undertaking by Ronald Barranti and wife, assuring Street improvements in the extension of Taylor Drive a~d recommending acceptance of Deed. After an explanation by the City Attorney, Councilman Mammini introduced the resolution entitled~ "A RESOLUTION ACCEPTING A GRANT DEED FROM RONALD BARRANTI AND MARGO L. BARRANTI (STREET AND HIGHWAY EASEMENT)." Roll call vote was as follows~ Ayes, Councilmen Frank J. Ber~ucelli, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. Abstaining, Councilman Patrick E. Ahem. The next matter for Council's consideration were the resolutions concerning Westborough and Westborough Boulevard Extension and which were entitled: "A RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN N~TEO AND THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR RIGHT OF WAY ACQUISITION AND CERTAIN CONSTRUCTION COSTS FOR THE WESTBOROUGH BOULE- VARD EXTENSION PROJECT," "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREFJ~ENT BETWEEN THE COUNTY OF SAN N~TEO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, AND THE CITY OF SOUTH SAN FRANCISCO, A N~JNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, RELATED TO THE WESTBOROUGH EXTENSION PROJECT," "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF SAN MATEO, CITY OF SOUTH SAN FRANCISCO AND SEVERAL OWNERS PROVIDING FOR THE GRANT OF EASEMENTS AND THE PAYMENT OF IMPROVEMENT CONSTRUCTION COSTS FOR A PORTION OF TWELVE MILE CREEK RUNNING ALONG THE BOUNDARIES OF THE CALIFORNIA COLF CLUB AND DONATI PROPERTIES," "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF SAN MATEO, A POLITICAL SUBDIVISION OF THE STATE OF CALI PORNIA; THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORATION, AND o" City Attorney Noonan stated that the Agreement with the County of San Mateo was undergoing some changes, that it possibly would be before the City Council at their next regular meeting at which time these resolutions might be superseded. He, therefore, requested a continuance of these resolutions to the next regular meeting. There being no objections, Mayor Bertucelli so ordered. City Attorney Noonan explained that the next resolution, while not appearing on this evening's agenda, concerned the conveyance of Parcel 4, West Park 1 and 2 considered in the future development of Skyline Boulevard. After a brief discussion, Councilman Rocca introduced the resolution entitled: "A RESOLUTION AUTHORIZING CONSENT TO CONVEYANCE OF PARCEL 4 WEST PARK 1 AND 2, EXECUTION OF AGREEN~NTS OR RELEASE, ESCROW INSTRUCTIONS AND OTHER DOCUMENTS." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution would convey Parcel 8, West Park 1 and 2, to the lender and Caesar Callan Homes, Inc., will have an option to reacquire said parcel with monies held in escrow to guarantee completion of work. Councilman Ahern introduced the resolution entitled: "A RESOLUTION CONSENTING TO THE CONVEYANCE OF PARCEL 8 WESI PARK 1 AND 2, EXECUTION OF ESCROW INSTRUCTIONS AND OTHER DOCUMENTS." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick £. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution would correct a clerical error of a distance in a deed of a previously adopted resolution concerning the South San Francisco Scavenger Company. Councilman Steinkamp introduced the resolution entitled: 'A RESOLUTION CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 4953 AND THE DEED AUTHORIZED THEREBY." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. The next item for Council's consideration was the ordinance entitled: "AN ORDINANCE PROVIDING FOR THE INSTALLATION OF ANNUNCIATOR BOARDS, FIRE HOSES AND HOSE PACKS, AND OVERRIDING ELEVATOR SWITCHES IN CERTAIN STRUCTURES." At the request of the City Attorney that this ordinance be continued and there being no objections, Mayor Bertucelli so ordered. CLAIM AS FILED BY MRS. ADELE OLIVOTTI: CITY PLANNER'S REPORT: SUR~EY OF PHYSICAL CONDITION OF LOCAL HOUSING: REQUEST OF POLETTI REALTY FOR INGRESS & EGRESS ON PROPERTY ON PRODUCE AVE.: 5080 CHANGE ORDER NO. 2 CABOT :COURT - C.C.&F. UNITS 2 AND TRANSFER OF FUNDS REQUEST: NDNTHLY REPORT: DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL: G~D AND ~FAR~ ~'~0 o 0 SUGGESTION OF WEEK' S VACATION - COMPENSATION FOR EXTRA DUTIES OF CITY ATTORNEY AND ASSISTANT CITY ~NAGER: EXPRESSION OF GRATITUDE BY MR. POLETTI: DISCUSSION CONCERNING INTERSECTION OF WEST- BOROUGH BiVD. AND CALLAN DRIVE: The next matter was the claim as filed against the City by Mrs. Adele Olivotti alleging personal injuries as a result of a fall at 715 Baden Avenue on April 30, 1969. Councilman Rocca moved, seconded by Councilman Steinkamp and regularly carried that the claim be denied and referred to the City's insurance carrier. The City Planner's Report to the City Council with respect to Use Permit and Variance Requests considered on May 12, 1969 was the next matter to be considered by the Council. There being no objections, Mayor Bertucelli ordered the Report accepted and placed on file The next item was the Inter-Office Memorandum dated April 29, 1969 from the City Planner submitting Survey of Physical Condition of Local Housing and recommending inclusion of same in appendices of City's Housing Element of the General Plan. There being no objections, Mayor Bertucelli ordered the Survey of Physical Condition of Local Housing accepted and placed on file. The request from Poletti Realty to be allowed an ingress and egress on their property on Produce Avenue was the next matter for Council's attention. Councilman Ahern moved, seconded by Councilman Steinkamp and regularly carried that the proposed ingress and egress to the Poletti property he allowed. The next item was the Inter-Office Memorandum dated May 7, 1969 from the Director of Public Works submitting and recommending Change Order No. 2 to Construction of Improve- ments for Cabot,Court - Cabot, Cabot & Forbes Industrial Park Units 2 and 2A. Accompanying was the communication dated May 5, 1969 from Wilsey & Ham concerning the subject matter. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. The Inter-Office Memorandum dated April 29, 1969 from the Landscape Specialist requesting transfer of funds in Account 760 "Debt Service" over to the General Fund in partial re- payment of the funds borrowed to provide operating funds in the West Park, Parks and Parkways Maintenance District was the next matter to he considered. Councilman S%'einkamp moved, seconded by Councilman Mammini and regularly carried that the recommendation of the Landscape Specialist be approved and accepted. The Monthly Report was received from the Building Inspection Department ~r April, 1969. There being no objections, Mayor Bertucelli ordered the Report accepted and placed on file Department of Alcoholic Beveraqe Control: (a) Application as filed by Ames Mercantile Company, Inc., for Off Sale General at 1089 E1Camino Real. (b) Application as filed by Leo Rodriguez and Ronald L. Davis for On Sale General Bona Fide Eating Place at 999 Mission Road. (c) Application as filed by Lee Roy and Mary B. McKee for Off Sale Beer and Wine at 354 Commerical Avenue. There being no objections, Mayor Bertucelli ordered the Reports placed on file. There being nothing further, Mayor Bertucelli asked if any member of the City Council had anything they wished to offer under Good and Welfare. Councilman Steinkamp remarked that upon the resignation of former City Manager Eugene Aiello, the City Clerk served in the capacity of Acting City Manager and was assisted in this regard by the Administrative Assistant and the City Attorney. He further remarked that the services performed were appreciated by the members of the City Council and felt that some appropriate compensation to them such as an additional week's vacation would be in order. Mayor Bertucelli stated that he concurred with the remarks of Councilman Steinkamp hut that the City Clerk had received the additional compensation in the sum of $200 per month for this work and since he was paid for these services and, not wishing to seem unfair, some additional compensation might be due City Attorney Noonan and Assistant City Manager Laurence Ross. He concluded by stating that if there were no objections, the matter would he referred to City Manager McKenzie for disposition. No objections having been registered, it was so ordered. There being nothing further, Mayor Bertucelli asked if anyone present in the audience had anything they wished to offer under Good and Welfare. Mr. Poletti expressed his appreciation and thanks to the members of the City Council and department heads for the permission granted this evening to his request for the ingress and egress to his property. Mr. Bruce Rosengren, 2690 Duhallow Way, requesting information concerning the matter of the intersection of Westborough Boulevard and Callan Drive, stating that a 95-day extension had been granted to the contractor and was to have been completed by May lOth and was yet incompleted. GOOD AND WELFARE.' (CONTINOED) EXPRESSION OF THANKS TO DEPARTMENT HEADS AND TO CITY COUNCIL POR THEIR SUPPORT - SANTO CHRISTO SOCIETY PARADE AND CHAMARI TA: ROCK CONCERT - EXPRESSION OF APPRECIATION: ADJOURN~N T: City Manager McKenzie stated that the contractor, The Lowrie Paving Company, had been notified hy mail that the penalty clause Would he invoked after May 10th. He further remarked that a complete report would he submitted. Mr. Rosengren requested if he could be furnished with a copy of this report to which the City Manager replied that he would he. Mr. Marlo Gagliolo, 760 Grand Avenue, on behalf of the Santo Christo Society, expressed his thanks to the Police Chief, City Clerk and those Department Heads for their assist- ance given them in their recently held parade and Chamarita, He likewise expressed his thanks to Mayor Bertucelli, Councilmen Patrick Ahem and Andrew Rocca for their attendance in this event. Mr. Donaid Grimes, 123 Francisco Terrace,.briefly commented on the recently heId Rock Concert in the Orange Avenue MemoriaI Park, stating that he had observed 600 teenagers e~joying themselves and expressed his thanks to the Mayor and members of the City Council for this event. There being nothing further, Councilman Ahern moved, seconded by Councilman Mammini and regularly carried, that the meeting be adjourned. Time of adjournment= 10..09 p.m. RESPECTFULLY SUBMITTED, lerk APP~O VED: *The discussio~ contained herein are excerpts and not verbatim.