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HomeMy WebLinkAboutMinutes 1971-06-09ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD WEDNESDAY, JUNE 9, 1971 TIME: PLACE:. CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION: ROLL CALL: DISCUSSIONS CONCERNING GRADING PERMITS AND DUST CONTROL PROCEDURES: 7:30 p.m. Council Chambers, City Hall. Mayor Borba announced that the meeting would be called to order at 8:00 p.m. instead of 7:30 p.m., explaining that this had appeared incorrectly in the newspaper and since interested citizens would be in attendance, it would permit them to be present when the meeting was called to order. Mayor Borba called the meeting to order at 8:00 p.m. The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Father Thomas A. Reed, S.J., Professor of Education at the University of San Francisco who was present in the audience. Present: Absent: Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and F. Frank Mammini Councilman WArren Steinkamp Mayor Borba stated that the first item of business would be the matter of the contractors- owners' hearing concerning the Grading Permits, asking if there was anyone present who wished to speak on the subject. A lengthy discussion followed at which time, the following spoke: Mr. Ronald Chimenti, 24 Escanyo Drive, remarked that he had appeared concerning this problem at many meetings, even during the term of Mayor Ahern, stating that as a result of the dust coming from areas being developed by contractors and use of areas by motorcyclists, his children were caused to suffer from allergies. In addition, auto- mobiles and the interior of residences were constantly covered with dust. He suggested that the contractors' permits be revoked. Discussion then followed between Councilman Bertucelli and Mr. Chimenti concerning the matter of dust, the areas from which it was coming and any watering which was being applied. Mrs. Antoinette Fraschieri, 478 Avalon Drive, registered a complaint concering the dust and lack of water trucks to control it. Mr. Peter Fotos, 48 Escanyo Drive, stated that, while the contractors may have water trucks, they were not being used. He likewise mentioned his being unable to contact anyone in the County when telephone calls were made, that his home was constantly full of sand, and suggested the permits be revoked in order to obtain relief. Mr. David Friedenberg, 2395 Bourbon Court, remarked that, in addition to the dust, there was also the problem of a safety factor because of overloads and traffic violations. He cited specific intersections where these violations occurred, suggesting that this has to be enforced. Mr. John Floro, 210 Cuesta Drive, stated that, because of the dust, it was necessary to constantly wash their cars and recalk their windows to prevent the dust from entering their homes. He also remarked on the matter of the safety factor since violations of traffic were taking place. Mr. Carroll Boux, 430 Granada Drive, stated that maps had been prepared but that the problem of dust still continued, remarking that Council had the authority to enforce these permits and obtain a solution. Councilman Bertucelli remarked that the City had the staff to perform this function, requesting that the conditions in the permit be read. Mayor Borba suggested that this'be held until everyone had been heard. Mr. Robert Volosing, 2228 Kenry Way, stated that a minimum amount of water was being used, dust constantly prevailed, that the only way to control the dust would be to regularly water and oil areas or have the contractors cease the operations. Mr. Jerrold Marsala, 18 Escanyo Drive, also commented on the dust which came from the development of the various areas. Mrs. Yvonne Chimenti, 24 Escanyo Drive, remarked that they had moved to their ~resent location because the home which they had purchased was a beautiful one, had a lovely view and they liked the City. However, because of recent developments, they had since lost this feeling. Mr. Richard Battaglia, 371 Valencia Drive, remarked on his earlier comments concerning his observation in Palm Springs by the use of pipes and sprays of water to keep dust under control to which Councilman Ahern stated that this had been investigated but was impractical because of the constant need to move pipe as a result of development. He further remarked that it was his feeling that the land should be seeded and that the problem was caused by so many developments going on at the same time. DISCUSSION CONCERNING GRADING PERMITS AND DUST CONTROL PROCEDURES: (CONTINUED) RECESS:~ RECALL TO ORDER: Mr. Harold Scheutte, 31 Escanyo Drive, remarked that there appeared to be a communica- tion gap between the City Council and the City Staff in that the City Staff was not following through in this regard. He remarked on the enforcement program which had been started during the time that Mr. Ross was the Acting City Manager. Assistant City Manager Ross explained the 7-point program which had been enacted during his term as Acting City Manager, the reports which were coming to Staff, the enforce- ment by the Engineering Office; and that an attempt had been made to work out a satis- factory program without revoking permits. He also stated that ~inspections had been made constantly and reports tabulated in the event they were needed. At the request of Mayor Borba, Mr. Allan Kelly of the Engineering Department commented on the inspections which had been made the prior week in these areas, advising Council of those contractors who employed water trucks and those who did not. Discussion then followed between Mayor Borba and Mr. Kelly concerning the are~which were causing the dust problems. Mrs. Betty Higgins, 701 Hillside Boulevard, stated that the City was now having dust problems from the developments to the west of the City, stating that if the Crocker Lands were developed, their area would be suffering from the same problem. Mayor Borba at this time called on the contractors present. Mr. Borue O'Brien of Piombo Construction Company, explained the projects which they were engaged in, stating that they sympathized with the residents, did not wish to cause any problems and were doing ali that they could to control the dust. He explained the measures which they were taking on the areas as they were being completed, pointing out that motorcycles were causing a weekend dust problem which was likewise a constant police problem. Discussion then followed between Councilman Mammini and Mr. O'Brien concerning the area they were presently working in during which time Councilman Mammini pointed out that in accepting the contract for the Westborough Boulevard Extension, the specifications contain~ a provision concerning dust control and that this job had been accepted on that basis. A woman resident of the City requested information as to who was going to do the filling in behind residences adjoining Westborough Boulevard Extension. Mr. O'Brien of Piombo Construction Company stated that their contract only provided that he dump debris in the depressions, that it was not their responsibility to place fill in this area, and that he did not know if or when fill would be placed. In answer to an inquiry of Councilman Bertucelli, Mr. O'Brien stated that insofar as specific dates for watering trucks b~ing used, he would have to verify these answers from his records. Mr. Doug Madison, Engineer with the County of San Mateo, stated that inspectors were available on weekends to see that water trucks were used whenever needed in the event that they were not, requested that he be notified. Discussion followed between members of the City Council and Mr. Madison concerning the development of the Westborough Boulevard Extension and the control of dust. Mrs. Lois Barnes, 418 Valverde Drive, stated that she noted that the State water trucks were in operation but that none were being operated by the County. Councilman Mammini suggested that the City Manager or City Attorney write a letter to the County concerning the violation of the joint powers agreement. Mr. Henry Richman, Vice President of the J. H. Snyder Company, commented that revocation of Grading Permits would not solve the problem, that everything would halt, including the use of water trucks and oiling. He remarked that the City Staff was policing their work, remarking that areas were being seeded as soon as they were completed and that if the contractors were permitted to complete their work, the problem would be finally solved. He remarked on the water trucks which were a~ailable in his development and that one of the biggest problems was the motorcyclists who not only presented a dust problem but a police problem as well. Mr. John FIo~o suggested that oil be used on all of the areas in an effort to eliminate the dust. Mr. Volosing asked Mr. Richman if he had posted his property, warning motorcyclists against trespassing to which he stated they did but that this was to no avail, that the signs were pulled down and that the Police Department, City Manager and City Attorney had been working on it. Mr. Marsala stated that the motorcyclists' causing dust was small in comparison to the developers. Mayor Borba declared a recess at 9:52 p.m. Mayor Borba recalled the meeting to order at 10:06 p.m. Mayor Borba at this time asked if Mr. Schulhauser of the Serramonte developers would care to speak. City Attorney Noonan stated that during the recess, it was necessary for Mr. Schulhauser to leave but that he would take Staff on a tour to show how their dust problem is being taken care of. SUSPENSION PROCEEDINGS COMMENCED: PRESENCE OF FR. REED ACKNOWLEDGED: DISCUSSION CONCERNING FREEWAY AGREEMENT WITH STATE - ROUTE 380: Mayor Borba at this time stated that, having heard both sides of the question of dust, requested the City Attorney to read the provisions concerning dust control which were in the City's Permits. City Attorney Noonan then read the section concerning dust control, explaining its contents. Mayor Borba at this time stated that, as Mayor of the City of South San Francisco, I hereby request that in accordance with the terms of the permit, the City start suspension pro- ceedings immediately. Councilman Mammini suggested that perhaps the Mayor would wish to modify his statement by saying that he desired to instruct the Engineering Department to immediately start suspension notices and place the burden in the proper place. Mayor Borba replied that he was agreeable in this regard. Discussion then followed between the Members of the City Council and City Attorney concerning the provisions in the permit for the commencement of suspension proceedings as well as the 7-point dust control program which had been initiated and might need some revisions concerning any action which Council might desire to take. Further discussion followed concerning the matter of notices of suspension and re- lated dust control measures as well as the enforcement of these measures by the City Staff after which Councilman Mammini, in accordance with Mayor Borba's statement con- cerning compliance with the terms of the permits and initiation of suspension proceedings, so moved, remarking that the motion was strictly to instruct the Engineering Department, through the City Manager, to follow through with the notices of suspension and further, felt sure that the contractors would then appeal these notices and at that particular time, the City Attorney and City Manager would review the problems that had been created and try to have some solution in this regard. He remarked that no one wished to sto~ progress in its entirety but that there was a way to cure problems. Councilman Bertucelli then seconded the motion after which further discussion followed during which time mention was made by Councilman Bertucelli of the loss of revenue by the Union Oil Service Station and Car Wash at the intersection of El Camino Real as Chestnut Avenue by the failure of the County to provide an ingress and egress at that location. Further discussion followed at which time it was pointed out that this was due to the Southern Pacific Company's not completing the work, thereby holding up the County of San Mateo. Mayor Borba at this time requested that there be added to the motion that seeding was to be done on the bare areas in the GMT project who had requested a one-year extension in which to develop. City Attorney Noonan commented that the one-year extension of development part of that area was a passive area. Mayor Borba stated that since this was a passive area, a request should be made that it be seeded immediately. City Attorney Noonan then stated that this would be part of the motion, including the terms and conditions and seeding. Councilman Mammini accepted the amendment as part of the motion after which Councilman Bertucelli accepted the amendment to his second. Motion as made, amended and seconded, was regularly carried. Discussion then followed at which time Mr. Basil Cavallieri of the South City Car Wash explained to the Members of the City Council the problem which he and the Union Oil Service Station were subjected to because of the improvement of the Westborough Boulevard and the loss of revenue from which they suffered. Mr. Madison of the County of San Mateo explained that the lack of cooperation by the Southern Pacific Company was holding up their work, that they had been contacted today and promised by next week that the matter would be resolved, further explaining that their authority to proceed came from the Public Utility Commission. Discussion then followed concerning the joint powers agreement which the City had with the County concerning the improvement of Westborough Boulevard Extension. Mayor Borba at this time acknowledged the presence of Father Reed, Professor of Education at the University of San Francisco. Mr. Marlo Gagliolo, 760 Grand Avenue, commended the Mayor and Members of the City Council for the action which they had taken this evening in an effort to control the dust from developments within the City. Mayor Borba at this time called on Mr. Trombatore, representative of the State Division of Highways, who requested that the City Council approve the agreement which they had submitted after which he introduced Mr. Rhe, Senior Highway Engineer, who, he stated, would make a presentation concerning this agreement and~the matter of the drainage channel. Lengthy discussion then followed concerning the matter of the drainage structure, its size and cost of construction. Discussion also followed concerning the need to know the amount of water flow which was to come from upstream and downstream before any enlargement could be made, also the need by the Corps of Engineers to advise regarding any plans which they may have with regard to the improvement of the creek areas. DISCUSSION CONCERNING FREEWAY AGREEMENT WITH STATE - ROUTE 380: (CONTINUED) ADJOURNMENT DISCUSS ION: ADJOURNMENT TO EXECUTIVE SESSION: RECALL TO ORDER: Discussion also took place concerning the matter of liability as a result of flooding which might occur. Mr. Trombatore requested that the City Staff address a letter to their agency requesting what their desires were so that they could then make their reply, commenting that the State did not need a freeway agreement to build this roadway after which City Manager Dro~Sbach stated that the new agreement would be beneficial to the City. Further discussion followed after which there being no objections, Mayor Borba requested that the City Manager and City Attorney study the matter and submit a report for the next City Council meeting. City Manager Dreisbach stated that if the City were obliged to pay for any corrective drainage problem, payment should come from the Flood Control District. Brief discussion followed concerning the adjournment to an Executive Session concerning labor relations at 4:30 p.m. in the Conference Room the follow,lng day. Councilman Mammini stated that he would not be available and suggested that this be taken care of at this time. Mayor Borba then adjourned the meeting in accordance with Section 5495~6 of the Government Code to an Executive Session in order that Council might discuss labor negotiations. The meeting was recalled to order at 1:40 a.m. by Mayor Borba who requested that the records show that the Council had concluded its Executive Session for the matter of labor relations and it was in order to adjourn the meeting. Councilman Mammini moved, seconded by Councilman Bertucelli and regularly carried, that the meeting be adjourned. Time of adjournment: 1:42 a.m. APPROVED: RESPECTFULLY SUBMITTED, Mayor ~City Clerk * The remarks contained in these Minutes are excerpts and not verbatim. The proceedings of this meeting are taped and all discussions are contained therein.