HomeMy WebLinkAboutMinutes 1973-04-16REGULAR MEETING Of THE CItY COUNCIL
Of THE CITY OF SOUTH SAN FRANCISCO
HELD MONDAY, APRIL 16, 1973
TIME:
PLACE:.
CALL TO ORDER:.,
PLEDGE OF ALLE-
GIANCE AND
INVOCATION:
ROLL CALL:
LETTER OF RES IG-
NATION BY MAYOR
MAMM I N I AND
MOTION TO SEAT
COUNC I LMAN
STE I NKAMP AS
MAYOR:
MINUTES:
REGULAR BILLS:
PUBLIC HEARING:
UP-203 - SW.
CORNER OF KING
AND CALLAN -
CONSTRUCTION OF
TEXACO SERVICE
STATION:
8:00 p.m.
Council Chambers, City Hall.
Ylce Mayor Stelnkamp called the meeting to order at 8:04 p.m.
The Pledge of Allegiance to the Flag was recited after which the
Invocation was given by Reverend Donald Wertz of the Good News Chapel.
Present:
Absent:
Councilmen Patrick E. Ahern, William A. Borba,
F. Frank Mammini and Warren Steinkamp
None
Vice Mayor Steinkamp brought to the attention of the City Council the
letter of resignation as submitted by Mayor Mammini after which Mayor
Mammini stated that his resignation was submitted in order that a rotation
of the Mayor's office could be made. He then n~ved that Warren
Steinkamp be nominated as Mayor for the next year.
Discussion followed-at which time Councilman Borba requested that Council
delay this matter until such time as a full Council was again in session.
Further discussion followed after which Councilman STeinkamp seconded
the motion.
Council voted on the ~tion as follows: Councilmen Wil-l;iam A. Borba
and Patrick Ahern voted "No." Councilman F. Frank Mammini voted "Aye."
Councilman Warren Steinkamp refrained from voting.
Vice Mayor Steinkamp asked if there was a ~tion approving the Minutes
of the regular meeting of April 2, 1973.
Councilman Mammini moved, seconded by Councilman Borba and regularly
carried, that the Minutes of the regular meeting of April 2, 1973
be approved as submitted.
Vice Mayor Steinkamp then asked if there was a:metion approving the
regular bills of April 16, 1973 as submitted for payment.
Councilman Ahern moved, seconded by Councilman Mammini tSat the regular
bills as submitted for April 16, 1973 be approved for payment.
Councilman Borba requested a roll call vote on the bills after which
discussion followed concerning those which were submitted by VTN and
the luncheon bills as well.
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
F. Frank Mammi~i and Warren Steinkamp. Councilman William A. Borba
voted "Aye" on all of the bills and "No" on VTN and luncheon bills.
The next matter was the Notice of Hearing - Appeal from Interpretive
Ruling of the South San Francisco Planning Commission Regarding UP-203.
Brief discussion followed at which time Vice Mayor Steinkamp read from
the Minutes of the Plannin~ Commission meeting and the motion which was
adopted after which, at hi{ request, the City Clerk read the letter of
appeal from Texaco, Inc., dated April 3, 1973.
Vice Mayor Steinkamp then declared the Public Hearing opened.
PUBLIC HEARING
UP-203
(CONTINUED)
RECESS:
RECALL TO
ORDER:
RECESS:
RECALL TO
ORDER:
CLOSE OF
PUBL I C HEAR I NG:
A lengthy discussion followed at which time the following persons
spoke as well as Members of the City Council, City Attorney and other
Staff Members.
Mr. William D. Evans, Attorney at Law, 3350 Wilshire Boulevard, Los
Angeles, representing the Texaco Company, Inc.
During Mr. Evans' discussion, he submitted and requested that their
Exhibit F be included in the Hearing as part of those which they had
already submitted.
Mr. William Timmons, Assistant Planner.
Vice Mayor Steinkamp declared a recess at 9:04 p.m. for retaping
of TV cameras.
Vice Mayor Steinkamp recalled the meeting to order at 9:11 p.m. with
all Council present.
Mr. John Thorne, 510 North Third Street, San Jose, California,
Attorney at Law, representing Mr. Michael Callan.
Mr. Robert Anderson, 3846 Fairfax Way, South San Francisco.
Mr. Gary Boyd, real estate representative for Texaco, Inc..
Mr. Donald Gamma, 3790 Cork Place, South San Francisco.
Recess was declared by Vice Mayor Steinkamp at I0:10 p.m. for TV
retap i ng.
Vice Mayor Steinkamp recalled the meeting to order at 10:24 p.m. with
all Council present.
Mr. Michael Callan, 822 isabella Street, Atherton.
There being no one else to speak on the matter, Vice Mayor Steinkamp
then declared the Public Hearing closed.
Councilman Borba stated that since a number of legal questions had been
raised, suggested that the matter be given to the courts to decide and
that it be referred to the City Attorney.
Further discussion followed after which Councilman Mammini requested
that the City Attorney suggest the form of action which the City could
take in this regard.
City Attorney Noonan with a brief discussion then suggested that Council
could adopt, if they wished, the following motion that Council having
heard the oral presentations and received the written presentations and
have determined that there is insufficient showing and insufficient
expenditure of funds to justify vesting of rights, affirms the Planning
Commission's report and interpretive ruling.
Further discussion followed during which time City Attorney Noonan
instructed Council in this regard after which Councilman Borba moved
that it be allowed to go to the courts.
City Attorney Noonan recommended that such a motion not be passed.
There being no second to Councilman Borba's motion, Vice Mayor Steinkamp
stated that the motion failed for lack of a second.
Councilman Ahern at this time moved that the Planning Commission was
wrong in arbitrarily denying it.
As there was no second to the motion, Vice Mayor Steinkamp stated that
the motion died for lack of a second.
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4/16/73
PUBLIC HEARING
UP=203
(CONTINUED)
RESO. NO. 6057
APpROv I NG SPECS
CALL FOR BIDS
3 DUMP TRUCKS:
RESO. NO. 6058
AUTHORIZING
EXAMINATION OF
SALES & USE
TAX RECORDS:
RESO. AMENDING
RESO. NO. 6025:
RESO. NO. 6059
AUTt~OR I Z lNG
ACCEPTANCE OF
GRANT DEED FROM
PETRON I:
,5'10 3
RESO. NO. 6060
OPPOS I NG SENATE
BILL 62:
Councilman Mammini, commenting on the motion as proposed by the City
Attorney, moved that having heard the oral presentations and receivsd
the written presentations and have determined that there is insufficient
showing and insufficient expenditure of funds to justify vesting of
rights, affirms the Planning Commission's report and interpretive ruling.
Motion as made was seconded by Vice Mayor Steinkamp after which he
requested that a roll call vote be made.
Councilman Borba abstained from voting after which further discussion
followed and during which time, City Attorney Noonan stated that a
"yes" or "No" vote should be cast after which Councilman Borba changed
his vote to "No."
Councilman Patrick E. Ahern voted "No." Councilmen F. Frank Mammini
and Warren Steinamp voted "Aye."
City Attorney Noonan explained the first resolution after which
Councilman Borba introduced the resolution entitled: "A RESOLUTION
APPROVING SPECIFICATIONS AND CALLING BIDS FOR TWO 18,000 G.V.W. DUMP
TRUCKS AND ONE 15,000 G.V.W. DUMP TRUCK."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
After an explanation by City Attorney Noonan, Councilman Ahern intro-
duced the resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING EXAMINATION OF SALES AND
USE TAX RECORDS."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
After an explanation, Councilman Borba introduced the resolution en-
titled: "A RESOLUTION~AMENDING RESOLUTION NO. 6025 ENTITLED, 'A
RESOLUTION OF THE CITY OF SOUTH SAN FRANCISCO DETERMINING UNITS WITHIN
EMPLOYEE ORGANIZATIONS AND ESTABLISHING A PROCEDURE TO VERIFY THAT SUCH
ORGANIZATION DOES REPRESENT EMPLOYEES OF THE CITY OF SOUTH SAN FRANCISCO,
VERIFYING THE OFFICIAL STATUS OF THE EMPLOYEE ORGANIZATION, OFFICERS
AND REPRESENTATIVES AND RECOGNIZING SUCH EMPLOYEE ORGANIZATIONS,
(Meyer-Milias,Ri~lwn Act Secf 350~)~'" '
Discussion followed concerning this matter among Members of the City
Council; City Staff; Mr. Frank Glllis, Business Representative of Local
1569 AFSCME AFL-CIO; Mr. John Day of Marine Engineers Beneficial Assn.
AFL-CIO; Mr. Chris Burdick, Attorney for the Police Association; after
which City Attorney Noonan suggested that the resolution be continued
so that he might give further study to the questions raised.
As thel~ere no objections, Vice Mayor Steinkamp continued the reso-
lution to the next regular City Council meeting of May 7, 1973.
City Attorney Noonan explained the next resolution after which Councilman
Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING
ACCEPTANCE OF A GRANT DEED FROM LUIGI PETRONI AND HELEN PETRONI, HIS
~WIFE."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
Wit.ll.iam A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
After an explanation, Councilman Ahern introduced the reselution entitled:
"A RESOLUTION OPPOSING SENATE BILL 62."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
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4/16/73
RESO CONCERN lNG
TRANSFER OF
FUNDS:
The next resolution for Council's attention concerned transfer of funds.
At the request of Director of Finance Edward Alario, Vice Mayor
Steinkamp continued this resolution to later on the Agenda to be con-
sidered und%r Items from Staff since it was related to those subjects.
RESO. NO. 6061
AUTHORiZiNG
AGREEMENT WITH
DEPT. OF FINANCE
POPULATION EST.:
RESO. i~O. 6062
Director of Finance Alario explained the resolution after which Council-
man Ahern introduced the resolution entitled: "A RESOLUTION AUTHORIZING
AN AGREEMENT WITH THE DEPARTMENT OF FINANCE, STATE OF CALIFORNIA -
POPULATION ESTIMATE."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
After an explanation, Councilman Mammini introduced the resolution en-
COMMENDING SENIOR titled: "A RESOLUTION COMMENDING SENIOR CITIZENS CLUB ON TWENTIETH
CITIZENS CLUB ON ANNIVERSARY."
20TH ANNIVERSARY:
~ ~ j~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
I
/
William A. Borba, F. Frank Man~nini and Warren STeinkamp. Noes, none.
Absent, none.
CLAIM AS FILED The next item was the claim against the City as filed by Stephen
BY STEPHEN ROSSA: William Rossa for alleged property damages to his vehicle by City-
owned vehicle.
Councilman Ma~ini moved, seconded by Councilman Ahern and regularly
carried, that the claim be denied and referred to the City's insurance
carrier and to the office of the City Attorney and Notice be given to
claimant in accordance with Government Code Sections 913, 915.4 and
other related sections of the Government Code.
CLAIM AS FILED The next claim against the City was filed by Donald J. Grimes for
BY DONALD GRIMES: alleged damages as a result of flooding on January 16 and 18, 1973.
Councilman Ahern moved, seconded by Councilman Mammini and regularly
carried, that the claim be rejected and referred to the City's insurance
carrier and to the office of the City Attorney and Notice be given to
claimant in accordance with Government Code Sections 913, 915.4 and
other ~lated sections of the Government Code.
CLAIM AS FILED
BY JOSEPH
DE SOTO:
The next item was the claim as filed by Joseph De Soto, et al, for
alleged property damages suffered as a result of flooding.
Councilman Ahern moved, seconded by Councilman Mammini and regularly
carried, that the claim be rejected and referred to the City's insurance
carrier and to the office of the City Attorney and Notice be given to
claimant in accordance with Government Code Sections 913, 915.4 and
other related sections of the Government Code.
CLAIM AS FILED
BY SCAMPINI,
MORTARA & HARRIS
ON BEHALF OF
ROBERT E. SMITH:
The next item was the claim as filed by Scampini, Mortara & Harris,
Attorneys at Law, on behalf of Joseph W. Welch, Robert E. Smith, El
Camino Golf Club, Inc., for alleged damages as a result of Colma
Creek flooding.
Councilman Mammini moved, seconded by Councilman Ahern and regularly
carried, that the claim be rejected and referred to the City's insurance
carrier and to the office of the City Attorney and Notice be given to
claimant in accordance with Government Code Sections 913, 915.4 and
other related sections of the Government Code.
CLAIM AS FILED
BY SCAMPI N I,
MORTARA & HARRIS
ON BEHALF OF
A. W. SORICH
BUCKET CO.:
The next claim was filed by Scampini, Mortara & Harris, Attorneys at
Law, on behalf of A. W. Sorich Bucket Company for alleged damages as
a result of flooding.
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4/16/73
A. W. SORICH Councilman Ahern moved, seconded by Councilman Mammini and regularly
BUCKET CO. CLAIM: carried, that the claim be rejected and referred to the City's insurance
(CONTINUED) carrier and to the office of the City Attorney and Notice be given to
,~-~:-~ claimant in accordance with Government Code Sections 913, 915.4 and
....-7. ~.J~\~ other related sections fo the C~vernment Code.
RODENT CONTROL
PROGRAM '73-74:
bo O
The next item was the Inter-Office Memorandum dated March 29, 1973
from Director of Ecological Development submitting bids and recon~nend-
ation for award of contract for Rodent Control Program (1973-74).
Director of Ecological Development Fred Hull declared the bids re-
ceived and recommended that award be made to the Iow bidder, Bay Pest
Control with the bid of $3,873.50.
Councilman Ahern moved, seconded by Councilman Mammini and regularly
carried, that the recon~endation of the Director of Ecological Develop-
ment be approved and accepted and award be made to Bay Pest Control.
SO. S. F. INFO. The next item was the South San Francisco Information and Referral Center
& REFERRAL CENTER: Request for emergency funding - April I - June 20, 1973.
RESO. N0.606~
RE EMERGENCY
FUNDING:"
Discussion followed concerning appropriation of funds during which time
Council, Staff and Mr. Arthur Elliott spoke in this regard after which
Councilman Ahern introduced the resolution entitled: "A RESOLUTION
REGARDING EMERGENCY FUNDING - INFORMATION AND REFERRAL CENTER."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
RESO. NO. 6064
RE SUMMER YOUTH
PROGRAM BUDGET
REQUEST:
The next matter was the South San Francisco Information and Referral
Summer Youth Program - June 18 - August I0, 1973 - Budget Request.
City Manager Dreisbach briefly explained the budget request which was
followed by discussion among Members of the City Council; City Staff;
Mr. Arthur Elliott; Mr~ Kerwin, representative of the Economic Program;
and Mr. John Yantis.
Councilman Mammini then introduced the resolution entitled: "A RESO-
LUTION REGARDING INFORMATION AND REFERRAL SUMMER YOUTH PROGRAM."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none.
Abstaining, Councilman William A. Borba who stated that he wished to
study the matter.
RECESS:
Vice Mayor Steinkamp declared a recess at 12:28 a.m. for retaping of
tape recorder.
RECALL TO ORDER: Vice Mayor Steinkamp recalled the meeting to order at 12:35 a.m., with
all Council present.
SUMMER YOUTH
PROGRAM ALLO-
CATION OF FUNDS:
RESO. NO. 6065
APPROV lNG PLANS
FOR JUN I PERO
SERRA & CLAY
MEDIAN STRIP:
The next matter was the City of South San Francisco Summer Work Program -
Allocation of funds.
City Manager Dreisbach briefly explained the matter after which he re-
quested a Minute motion for Staff to proceed in this regard.
Councilman Borba so moved, seconded by Councilman Ahern and regularly
carried.
The presentation of plans for Junipero Serra Boulevard and Clay Avenue
median strip and approval of estimated expenditure was the next matter
for Council's attention.
City Manager Dreisbach explained the matter, requesting introduction of
a resolution appropriating $750 from the Beautification Fund.
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4/16/73
RESO. NO. 6065
(CONTINUED)
Councilman Ahern introduced the resolution entitled; "A RESOLUTION
APPROVING PLANS FOR JUNIPERO SERRA BOULEVARD AND CLAY AVENUE MEDIAN
STRIP AND ESTIMATED EXPENDITURE."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
RESO. NO. 6066
RE CONSTRUCTION
OF FIRE BREAK ON
SIGN HILL:
The next item was the report on construction of a fire-break trail on
Sign Hill and approval of expenditure.
City Manager Dreisbach explained the matter and requested introduction
of a resolution after which Councilman Ahern introduced the resolution
entitled: "A RESOLUTION REGARDING CONSTRUCTION OF FIRE-BREAK TRAIL ON
SIGN HILL AND APPROVAL OF EXPENDITURE," requesting that the appropriation
be in the amount of $1,000.
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
Vice Mayor Steinkamp then asked if there were any other Staff Items.
REPORT OF VTN:
$o$o
Director of Ecological Development Fred Hull stated that VTN had a
report ~hey wished to read and that this presentation would be made
by Mr. Win Westfall of that company whom he then introduced.
Mr. Win Westfall then read in full their report dated April 16, 1973
and by reference is made a part of these Minutes and proceedings.
After the report had been read, Councilman Ahern moved, seconded by
Councilman Borba that the City Manager immediately seek a City
Engineer for the City.
Vice Mayor Steinkamp remarked that there should first be a motion to
accept the termination.
MOTION RE
TERMINATION
OF VTN:
Councilman Borba then moved, seconded by Councilman Ahern that the
terminat,ion of VTN contract be accepted.
Discussion followed concerning the termination of the VTN contract and
the order of the two motiomon the floor.
Vice Mayor Steinkamp then called for a vote on the motions in the order
of their introduction.
Vote on the first motion was as follows: Ayes, Councilmen Patrick E.
Ahern and William A. Borba. Councilmen F. Frank Mammini and Warren
Steinkamp did not cast votes.
Vote on the second motion was as follows: Ayes, Councilmen Patrick E. -.
Ahern and William A. Borba. Councilmen F. Frank Ma~nini and Warren
Steinkamp did not cast votes.
EXECUTIVE SESSION City Manager Dreisbach then stated that Council would have two items
TO FOLLOW CON-
CLUSION OF MEET-
ING: ~- 1 SJ
C~)OD & WELFARE:
REQUEST FOR
IMPROVEMENT OF
PUBL I C ADDRESS
SYSTEt:'. ~'~j ~
RECESS;
for Executive Session after the meeting was concluded.
As there were no more Items from Council, Vice Mayor Steinkamp asked
if anyone wished to offer anything under Good and Welfare.
A resident of 129 Maple Avenue requested Council improve the Public
Address system for those who were in the hallway since reception ·
tonight was very poor.
Vice Mayor Steinkamp recessed the meeting to an Executive Personnel
Session at 1:05 a.m.
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4/16/73
RECALL TO ORDER: The meeting was recalled to order by Vice Mayor Steinkamp at 1:18 a.m.
with all Council present.
Vice Mayor Steinkamp announced that Personnel problems and other
miscellaneous items had been discussed at the Executive Personnel
Session and that the City Attorney had a resolution for Council's
attention.
RESO. NO. 6067 City Attorney Noonan explained the resolution after which Councilman
EMINEN~ DOMAIN Borba introduced the resolution entitled: "A RESOLUTION DETERMINING
PROCEEDINGS THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
SSF/SB WASTEWATER LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (SSF/SB
MANAGEMENT PRO-
GRAM) PIPE LINE
SEAGRAMS:
WASTEWATER MANAGEMENT PROGRAM PIPE LINE EASEMENT THROUGH LANDS OF
SEAGRAMS)."
Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem,
William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none.
Absent, none.
ADJOURNMENT:
As there was nothing further, Vice Mayor Steinkamp adjourned the
meeting at 1:20 a.m.
RESPECTFULLY SUBMITTED,
APPROVED:
V i ce Mayor
City C~'e rk
* 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 is on file in the office of the City Clerk and available
for inspection, review and copying.
Documents related to the items are on file in the office of the City Clerk and
available for public review, inspection and copying.
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