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HomeMy WebLinkAboutMinutes 1959-03-04ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD WEDNESDAY, MARCH 4, 19 59 TIME: PLACE: CALL TO ORDER: ROLL CALL: SOUTH SAN FRANCISCO INDUSTRIAL PARK UNIT NO. 2-C ASSESSMENT DISTRICT - ZONE #1 (UTAH CONSTRUCTION CO. REQUEST TO INCLUDE FILL): REMARKS OF ERNEST WILSON RE BOND- ISSUE: ~ ~ COUNCILMAN ROCCA REMARKS RE APPELLATE COURT DECISION: COUNCILMAN RYAN' S REMARKs: COUNCILMAN REMARKS: ~ COUNCILMAN CORTESI* S REMARKS: MR,, NOONAN-* S REMARKS RE APPELLATE COURT: COUNCILMAN ROCCA' S DISCUSSION ON REClaMATION DISTRICT: CITY ATTORNEY' S SUGGESTIONS: ~.~ ~/~ PROCEDURE FOR APPELLATE COURT OPINION: ~-~¢ COUNCILMAN CORTESI'S ABSENCE FROM MEETING: RECESS: MAYOR ROZZI'S REMARKS RE RESEARCH OF UNIT 2-C AND PERSON & SWANSON: ADJOURNMENT: 5:00 p.m. Council Chambers, City Hall The meeting was called to order by Mayor Rozzi at 5:07 p.m. Present: Absent: Councilmen G. J. Rozzi, Andrew Rocca, Emilio Cortesi, Leo J, and Patrick E. Ahem None Mayor Rozzt called on William Rus, representing Utah Construction Coml concerning their request to include the fill of property in the Assesi District which was to be formed as phase #1 in their subdivision knowx South San Francisco Industrial Park Unit No.2-C. Mr. Rus remarked thi was his company's desire to for~ Assessment District Zone #1 in Indus1 Park Unit 2-C, and although the other Assessment Districts as concernE company did not include the fill, this did. He further remarked that the fill could not be included, it might be necessary to postpone the development to a later date, which they did not wish to do. He then l that Mr. Ernest Wilson of the law firm of lirkbride, Wilson, Harzfeld Wallace, representing his rim, was present in the audience and could plain further if Council so wished. Lengthy discussion followed, at ~ time, the following spoke concerning the matter. Mr. Ernest Wilson com~®nted that his firm would provide an unqualifie( opinion on this proceeding. He further cemented on the calls he had ceived from eastern fir~s on the bond issue and then explained in detl the conduct of the special proceedings. Councilman Rocca mentioned that this was the first time the City had i requested to enter into a proceeding where the fill was being include( that the City was being asked to lend its credit, support and assistai the interest of private enterprise. He also remarked that the City c¢ proceed after determination was made by the Appellate Court upon the ~ of a suit in the matter. Councilman Ryan asked if there was some other way of proceeding, such Councilman Rocca had suggested. Councilman Ahern said he objected to the use of public credit for pri~ enterprise. Councilman Cortesi remarked that he would like to assist Utah but fell City was giving its credit away. He expressed concern that if in the this proceeding was adoPted and the District in later years failed, ti City would be responsible and he felt would be criticized for its act: Mayor Rozzi remarked that the City was willing to have the property d, but would like to have another opinion furnished. City Attorney Noonan stated that he would like to examine the matter tail before giving a reply at this time. He remarked that he was of understanding that the bonding houses would not bid these bonds unlesl opinion had been obtained from the Appellate Court. Councilman Rocca again mentioned that the City's credit was being use~ obligated the City for the improvement of private property. Mr. Wilson remarked that if the only way this could be done was to ge~ Appellate opinion, they would do so, although he did not think it nec, Lengthy discussion followed concerning the reclamation district. City Attorney Noonan suggested that possibly the City should deter~in, this time whether or not they wished to proceed with the project so tl the time and trouble would be saved by not having to have the Court d~ if it was proper. Mr. Wilson then explained the procedure which the City would follow bringing about an Appellate Court opinion in the matter and the lengtl time which would be involved. Councilman Cortesi left the meeting at approximately 6:15 p.m. and wa~ present thereafter. Further discussion took place, after which Mayor Rozzi asked the perm: from the principals involved if it would be agreeable to them for Com to recess at this time and convene in study for a few minutes, concer~ this matter. This was agreed upon by all concerned. Mayor Rozzi the~ recessed the meeting at 6:39 p.m., after which it was reconvened at 6 Upon reconvening the meeting, Mayor Rozzi asked Mr. Wilson if he woul. agreeable to proceed with a research of the matter, that the City Att, would also do the same and that these could then be submitted to the Council for study and scheduled for an adjourned meeting to be held M 1959, at 5 p.m. He further remarked that this did not mean that Coun, was giving its approval, also that this research would include the Pe and Swanson project as well. This was agreed by Mr. Wilson and all p cipals present. Mr. Wilson mentioned that possibly a special meeting be called prior to the 23rd, if it was felt this would be in order. There being nothing further, Mayor Rozzi adjourned the meeting to Mar. 1959, at 6:56 p.m. INDUSTRIAL PARK UNIT NO. 2-C ASSESSMENT DISTRICT - ZONE #1 (UTAH CONSTRUCTION CO. REQUEST TO INCLUDE FILL) : layOr Roz~i-cailed~nw[ii[am R~S,*~e~resenting Utah Construction Com~ concerning their request to include the fill of property in the Asses~ District which was to be formed as phase #1 in their subdivision know~ South San Francisco Industrial Park Unit No.2-C. Mr. Rum remarked ths was his company's desire to form Assessment District Zone #1 in Indust Park Unit 2-C, and although the other Assessment Districts am concerne company did not include the fill, this did. He further remarked that the fill could not be included, it might be necessary to pestpon® the development to a later date, which they did not wish to do. He then s that Mr. Ernest Wilson of the law firm of Kirkbride, Wilson, Harzfeld Wallace, representing his firm, was present in the audience and could plain further if Council so wished. Lengthy discussion followed, at · time, the following spoke concerning the matter. REMARKS OF ERNEST WILSON RE osD* SSUE: Mr. Ernest Wilson commented that his firm would provide an unqualified opinion on this proceeding. He further commented on the calls he had ceived from eastern firms on the bond issue and then explained in deta the conduct of the special proceedings. COUNCILMAN ROCCA' S REMARKS RE APPELLATE COURT Councilman Rocca mentioned that this was the first time the City had b requested to enter into a proceeding where the fill was being included that the City was being asked to lend its credit, support and assistan~ the interest of private enterprise. He also remarked that the City co~ proceed after determination was made by the Appellate Court upon the f~ of a suit in the matter. COUNCILMAN RYAN' S CoUNcILMAN REMARKS: COUNCILMAN CORTESI' S Councilman Ryan asked if there was some other way of proceeding, such ~ Councilman Rocca had suggested. Councilman Ahern said he objected to the use of public credit for priw enterprise. Councilman Cortest remarked that he would like to assist Utah but felt City was giving its credit away. He expressed concern that if in the this pro~eeding was adopted and the District in later years failed, th~ City would be responsible and he felt would be criticized for its acti¢ MAYOR ROZZI'S MR. NOONAN'S REMARKS RE APPELLATE COURT: COUNCILMAN ROCCA'S REMARKs: P DISCUSSXON ON RECLAMATION DISTRICT: CITY ATTORNEY'S SUGGESTIONS:,_~..,Q~ Mayor Rozzi r~arked that the City was willing to have the property de~ but would like to have another opinion furnished. City Attorney Noonan stated that he woul~ like to examine the matter i~ tail before giving a reply at this time. Ne remarked that he was of t~ understanding that the bonding houses would not bid these bonds unless opinion had been obtained from the Appellate Court. Councilman Rocca again mentioned that the City's credit was being used obligated the City for the improvement of private property. Mr. Wilson remarked that if the only way this could be done was to get Appellate opinion, they would do so, although he did not think it neces Lengthy discussion followed concerning the reclamation district. City Attorney Noonan suggested that possibly the City should determine this time whether or not they wished to proceed with the project so tha the time and trouble would be saved by not having to have the Court der if it was proper. PROCEDURE FOR APPELLATE COURT opINION: COUNCILMAN CORTESI*S ABSENCE FROM MEETING: RECESS: Mr. Wilson then explained the procedure which the City would follow in bringing about an Appellate Court opinion in the matter and the length . time which would be involved. Councilman Cortesi left the meeting at approximately 6:15 p.m. and was present thereafter. Further discussion took place, after which Mayor Rozzi asked the permis~ from the principals involved if it would be agreeable to them for Counc: to recese at this time and convene in study for a few minutes, concernil this matter. This was agreed upon by all concerned. Mayor Rozzi then recessed the meeting at 6:39 p.m., after which it was reconvened at 6:5; MAYOR ROZZI'S REMARKS RE RESEARCH OF UNIT 2-C AND PERSON & SWANSON: Upon reconvening the meeting, Mayor Rozzi asked Mr. Wilson if he would ! agreeable to proceed with a research of the matter, that the City Attor] would also do the same and that these could then be submitted to the Council for study and scheduled for an adjourned meeting to be held Marc 1959, at 5 p.m. He further remarked that this did not mean that C~unci] was giving its approval, also that this research would include the Pers¢ and Swanson project as well. This ~as agreed by Mr. Wilson and all pri~ cipals present. Mr. Wilson mentioned that possibly a special meeting cc be called prior to the 23rd, if it was felt this would be in order. ADJOURNMENT: There being nothing further, Mayor Rozzi adjourned the meeting to March 1959, at 6:56 p.m. City clerk