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HomeMy WebLinkAboutMinutes 1971-04-05REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, APRIL 5, 1971 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION:. ROLL CALL: MI NUTf¢: ANNUAL ROTATION OF MAYOR AND MAYOR PRO TEM: CLAIMS: PARKING DISTRICT NO. I CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2 CLAIM: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2A CLAIM: EL CAMINO REAL SIDE- WALK PROJECT (ARROYO TO CHESTNUT) ASSESS- MENT DISTRICT CLAIMS: 8:00 p.m. Council Chambers, City Hall. Mayor Ahern 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 Reverend Bill Wilms, of Our Redeemer's Lutheran Church. Present: Councilman Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank 14ammini and Warren Steinkamp Absent: None Mayor Ahern asked if there was a motion approving the Minutes of the regular meeting of March 15, 1971 and the special meeting of March 22, 1971. Councilman Steinkamp moved, seconded by Councilman Bertucelli and regularly carried, that the Minutes of the regular meeting of March 15, 1971 and the special meeting of March 22, 1971, be approved as submitted. Mayor Ahern stated, that as is annually done, this evening the change of Mayor and Mayor Pro Tem would ~ake place. Councilman Mammini moved, that Councilman STeinkamp be appointed as Mayor for the City. There was no second to the motion. Councilman Bertucelli then moved, seconded by Councilman Ahem that Councilman Borba be appointed to the position of Mayor. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli and William Borba. Noes, Councilmen F. Frank Mammini and Warren Steinkamp. Absent, none. Mayor Ahern then extended his congratul,~tions to Mayor-elect Borba, pledging his support and help. Mayor-elect Borba then extended his thanks to Councilman Ahern for his services as Mayor during the past year after which he announced that it was now in order for a Mayor Pro Tem. Brief discussion followed after which Councilman Bertucelli moved, seconded by Councilman Mammini, that Councilman Warren Steinkamp be appointed to the position of Mayor Pro Tem. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Mayor Borba asked if there was a motion approving the regular claims as submitted for payment. Councilman Bertucelli moved, seconded by Councilman Ahern and regularly carried, that the regular claims, totaling $174,238.09, be approved for payment. Mayor Borba then asked if there was a motion approving the claims as submitted for Parking District No. I for payment. Councilman Ahem moved, seconded by Councilman Mammini and regularly carried, that the claims as submitted for Parking District No. I, totaling $1,902.16, be approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2 Claim: Wilsey & Ham claim dated March 29, 1971 in the amount of $128.34 for Engineering Services through February 28, 1971. Councilman Steinkamp moved, seconded by Councilman Bertucelli 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: Wilsey & Ham claim dated March 29, 1971 in the amount of $128.34 for Engineering Services through February 28, 1971. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the claim as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2A, be approved for payment. El Camino Real S__i_dewalk Project (Arro_yo to Chestnut) Assessment District Claims: (a) Marvin Church, County Clerk-Recorder, claim dated March 12, 1971 in the amount of $7.00 for recording fee. (b) Enterprise-Journal claim dated March I0, 1971 in the amount of $63.75 for Legal Advertising - Notice of Improvement. EL CAMINO REAL SIDEWALK PROJECT ASSESSMENT DISTRICT CLAIMS: (CONTINUED) MARINA CONSTRUCTION ACCOUNT CLAIM: TANFORAN AVE.-SHAW ROAD STORM DRAINAGE ASSESS- MENT DISTRICT CLAIM: PUBLIC HEARING UNDERGROUND UTILITY DIST. NO. 2 PHASE B-2: PUBLIC HEARING EL CAMINO REAL SIDEWALK IMPROVEMENT DISTRICT: PROCLAMATIONS: PAN AMERICAN DAY APRIL 14, 1971~_)f~9 RESOLUTION NO. 5521 ADOPTING THE POLICY FOR ANNUAL ROTATION OF MAYOR AND MAYOR PRO TEM: RESOLUTION NO, 5522 OVERRULIN.G PROTESTS ON RESO. OF INTENTION NO. 5502 EL CAMINO REAL SIDEWALK PROJECT (ARROYO TO CHESTNUT): Councilman Ahern moved, seconded by Councilman Bertucelli and regularly carried, that the claims as submitted for El Camino Real Sidewalk Project (Arroyo to Chestnut) Assessment District, be approved for payment. Marina Construction Account Claim: The Duncanson-Harrelson Co., claim dated March 23, 1971 in the amount of $1,935.00 for Services and Material. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the claim as submitted for Marina Construction Account, be approved for payment. Tanforan Avenue-Shaw Road Storm Drainage Assessment District Claim: Wilson, Jones, Morton & Lynch claim dated March 26, 1971 in the amount of $1,077.11 for Legal Services. Councilman Mammini moved, seconded by Councilman Bertucelli and regularly carried, that the claim as submitted for Tanforan Avenue-Shaw Road Storm Drainage Assessment District, be approved for payment. The Public Hearing on the Underground Utility District No. 2 - Phase B-2 Underground Installation of Wire and Facilities - was the next item for Council's attention. Mayor Borba declared the Public Hearing opened, asking if any written protests had been received to which City Clerk Rodondi replied that none had been received by his offic~ Mayor Borba then asked if anyone in the audience had anything they wished to offer. There being none, Mayor Borba declared the Public Hearing closed. The next item was the Public Hearing on the Notice of Hearing - El Camino Real Sidewalk Improvement District. Mayor Borba declared the Public Hearing opened, asking if any written protests had been received to which City Clerk Arthur Rodondi stated that a letter of opposition had been received from Kaiser Foundation Hospitals under date of March 31, 1971. At the request of Councilman Steinkamp, Director of Public Works Loui~ Goss read the letter in full after which Mayor Borba asked if there were any oral protests. There being none, the Public Hearing was closed. The next matter was the Proclamation designating April 14, 1971 as PAN AMERICAN DAY. Mayor Borba so proclaimed. City Attorney Noonan stated that the first resolution adopting the policy for annual rotation of Mayor and Mayor Pro Tem was read for introduction after which Councilman Mammini introduced the resolution entitled: "A RESOLUTION ADOPTING THE POLICY FOR ANNUAL ROTATION OF MAYOR AND MAYOR PRO TEM." At the request of Councilman Mammini who briefly discussed the reasons for the resolution and suggested rotation of both Mayor and Mayor Pro Tem, the City Attorney read the pro- posed resolution in full. Councilman Ahern stated that since it was a change in the policy, he felt that the people should have a voice in the matter and suggested that this be placed for their vote. Councilman Mammini objected to the suggestion of Councilman Ahern, stating that it was not necessary that the voice of the public be heard in this regard, that other such matte~which should have been put to the voice of the people, were not. Mr. Donald Gamma, 3790 Cork Place, questioned Councilman Ahern's suggestion, stating that after ~ many years in the selection of Mayor and Mayor Pro Tem, wondered why this matter should be placed before the public. Mr. David Friedenberg, 2395 Bourbon Court, stated that he did not understand the reso- lution, requesting the City Attorney for a ruling. Further discussion followed after which City Attorney Noonan stated that, in his opinion, this proposal was not subject to vote by the public, but that it was the policy of the Council in the selection of their annual rotation of Mayor and Mayor Pro Tem. He then commented on how this could be placed to the vote of the public if Council so desired. Roll call vote was as follows: Ayes, Councilmen F. Frank Mammini and Warren Steinkamp Noes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Absent, none. Councilman Ahern then requested that the City Attorney draw up a document which would be adaptable, that he felt that the public should be heard in this regard. Ctty Attorney Noonan stated that he would draft such a document and would submit it to City Manager and Council. Mr. Robert Volosing, 2228 Kenry Way, suggested, in the interest of the public, that Council decide issueS on the Council's time and not on the time of the tax payers. Mr. Kenneth I. Jones, Counsel for the district, stated that the first resolution would act on the protest which had been received on the E1Camino Real Sidewalk Project and for the record, requested Director of Public Works Goss to confirm the fact that he has spread the assessment to the best of his ability in accordance with the benefits. RESOLUTION NO. 5522: (CONTINUED) Directo¢ of Public Works Goss stated that the assessment was actually spread on the basis of the frontage of the property. He explained that sidewalks on El Camino Real will eventually extend from the south City limits to the north City limits and in the first phase of +he project, from ~econd ~tree+ beyond Orange Avenu~ +o the south City limits, sidewalks went on both sides of the street and the property that was benefitted was assessed for the sidewalks. In this particular case, there will be sidewalks adjacent to the Kaiser Foundation Hospital and the owner .is requested to pay for the sidewalks adjacent to their property and the property will be benefitted by the sidewalks. Mr. Jones explained that the resolution would act on the single protest that was re- ceived by overruling it after which Councilman STeinkamp introduced the resolution en- titled: "A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 5502 EL CAMINO REAL SIDEWALK PROJECT (Arroyo to Chestnut) ASSESSMENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5523 AND ORDER ADOPTING ENGINEER'S REPORT EL CAMINO REAL SIDEWALK PROJECT (ARROYO TO CHESTNUT): Mr. Kenneth Jones, Bond Counsel, explained the next resolution adopting the engineer's report, confirming the assessment and ordering the work after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK EL CAMINO REAL SIDEWALK PROJECT (Arroyo to Chestnut) ASSESSMENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5524 RESOLUTION DESIGNATING OFFICER EL CAMINO REAL SIDEWALK PROJECT (ARROYO TO CHESTNUT): RESOLUTION NO. 5525 AMENDING PERSONNEL RULES & REGULATIONS: p._ ooo The next resolution was explained by Mr. Kenneth Jones as one designating the City Treasurer as Collection Officer to whom payment of assessments shall be made after which Councilman STeinkamp introduced the resolution entitled: "A RESOLUTION DESIGNATING COLLECTION OFFICE EL CAMINO REAL SIDEWALK PROJECT (Arroyo to Chestnut) ASSESSMENT DISTRICT.'~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. The next item was the Inter-Office Memorandum from the Chief of Police dated February 4, 1971 as addressed to Acting City Manager Ross petitioning a change in Rule I0.01 of the Personnel Rules and Regulations concerning duration of Probationary Period. City Attorney explained the resolution which would make the probationary period for Police Officer entrance level appointments, 18 months, after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AMENDING PERSONNEL RULES AND REGU- LATIONS AS SET FORTH IN RESOLUTION NO. 3486 AS AMENDED.'~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5526 AWARD OF CONTRACT LANDSCAPE II,IPROVEMENTS MUNICIPAL SWIHMING POOL PROJECT - 1971: City Attorney Noonan explained the next resolution awarding the contract for the landscape improvements for the Municipal Swimming Pool Project and which would include a prior executed assurance after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION OF AWARD OF CONTRACT LANDSCAPE IMPROVEMENTS, MUNICIPAL SWIMMING POOL PROJECT - 1971.~' In reply to Councilman Mammini's inquiry if the contractor was in accord, City Attorney Noonan replied that he had contacted the contractor and he was willing to sign the assurance. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5527 APPROVING PLANS & SPECS AUTHORIZING WORK & CALL FOR BI DS WESTBOROUGH BLVD MEDIAN STRIP LAND- SCAPE DEVELOPMENT: RESOLUTION NO. 5528 7~UTHOR I Z I NG EXECUT I ON OF LOCAL AGENCY-STATE AGREE- MENT (TOPICS): The next matter was the Inter-Office Memorandum dated March 29, 1971 from the Director of Public Works recommending approval of plans and specifications and requesting authori- zation to advertise for bids - Westborough Boulevard Median Strip Landscape Development. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the reso- lution entitled: "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR WESTBOROUGH BOULEVARD MEDIAN STRIP LANDSCAPE DEVELOPMENT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained the next resolution concerning the TOPICS Agreement as one paralelling the contract with the County after which Councilman Bertucelli intro- duced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF THE LOCAL AGENCY- STATE AGREEMENT (TRAFFIC OPERATIONS PROGRAM TO INCREASE CAPACITY AND SAFETY - TOPICS)." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5529 AWARD OF CONTRACT RODENT CONTROL PROGRAM 1971-72: The Inter-Office Memorandum dated March 24, 1971 from the Director of Public Works to the City Manager advising of bid opening and recommending award of contract for the Rodent Control Program (1971-72) was the next matter for Council's consideration.  /~Director of Public Works Louis Goss declared the bids received, stating that the lowest ~bidder was Sure-Ki II Exterminators with the Iow bid of $3,267.54. Councilman Mammini introduced the resolution entitled: "A RESOLI~ION OF AWARD OF CONTRACT RODENT CONTROL PROGRAM ( 1971-72) ." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO, 5530 AWARD OF CONTRACT HILLSIDE-CHESTNUT WALKWAY PROJECT: The next item was the Inter-Office Memorandum dated March 29, 1971 from the Director of Public Works as addressed to the City Manager advising of bid opening and presentation to Council at their Study Meeting at 4:30 p.m., April 5, 1971 - Hillside-Chestnut Walkway Project. Director of Public Works Louis Goss declared the bids received, stating that the lowest bidder was Anza Pacific Corporation with the Iow bid of $6,493.00. After an explanation by City Attorney Noonan, Councilman Mammini introduced the reso- lution entitled: "A RESOLUTION OF AWARD OF CONTRACT HILLSIDE-CHESTNUT WALKWAY PROJECT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5531 APPROVING AGREEMENT FOR PURCHASE OF OPEN SPACE AND RECREATIONAL LAND: City Attorney Noonan explained the next resolution concerned with the City and County open-space acquisition of property, formerly designated Botieff parcel and now called, "Camino Park" after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION APPROVING AGREEMENT FOR PURCHASE OF OPEN SPACE AND RECREATIONAL LAND AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAID AGREEMENT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini andWarren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5532 AUTHORIZING ACCEPTANCE OF GRANT DEED FROM HAMLIN CO. - DRAINAGE FACITL1TIES WINSTON MANOR BOX CULVERT~ RESOLUTION NO. 5533 ACCEPTING GRANT DEED LOT 55, BLOCK 9 WESTBOROUGH-WEST PARK 3B (COMMON GREEN): The next resolution was explained by City Attorney Noonan as one accepting the Grant Deed for the drainage facilities in the Winston Manor Box Culvert after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT DEED FROM HAMLIN COMPANY - DRAINAGE FACILITIES, WINSTON MANOR BOX CULVERT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution was ready for introduction and which would amend an existing agreement and provide for landscape installation in the Westborough-West Park Unit 3B. Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION ACCEPTING A GRANT DEED, LOT 55, BLOCK 9, WESTBOROUGH-WEST PARK 3B (COMMON GREEN)." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5534 AUTHORIZING AMENDMENT TO AGREEMENT WESTBOROUGH- WEST PARK 3A-G: The next resolution, as explained by City Attorney Noonan, approves an amendment to an agreement between City and developers for the Common Green development in Westborough- West Park 3A-G after which Councilman Steinkamp introduced the resolution entitled: RESOLUTION AUTHORIZING AMENDMENT OF AGREEMENT ENTITLED, 'AGREEMENT - SUBDIVISION IMPROVE- MENTS AND COMMON GREENS, WESTBOROUGH-WEST PARK UNIT 3A-G.'" Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none.', RESOLUTION NO. 5535 The next item was the communication dated March 29, 1971 from Wm. Lyon Development Co., AUTHORIZING RESCISSION Inc., requesting cancellation of Final Map and Agreement in Westborough Unit No. 4A. OF AGREEMENT BETWEEEN CITY AND WM. LYON DEVELOP- After an explanation by City Attorney Noonan, Councilman Ahern introduced the resolution MENT CO., INC. - WEST- entitled: "A RESOLUTION AUTHORIZING RESCISSION OF THE AGREEMENT BETWEEN CITY AND WM. BOROUGH UNIT 4A: LYON DEVELOPMENT CO., INC., AND RELATED MATTERS - WESTBOROUGH UNIT 4A." ~ c~ c~ Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5536 GRANTING GRADING PERMIT C.C. & F. UNIT NO. 3: The next item was the Application of Cabot, Cabot & Forbes, California Properties, Inc., for Grading Permit in Cabot, Cabot & Forbes Industrial Park, Unit No. 3. Accompanying was the Inter-Office Memorandum dated March 29, 1971 from the Director of PublicWorks as addressed to the City Manager recommending approval, subject to four conditions. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the reso- lution entitled: "A RESOLUTION GRANTING A GRADING PERMIT TO CABOT, CABOT & FORBES, CALIFORNIA PROPERTIES, INC., AND , CONTRACTOR (CABOT, CABOT & FORBES I,NDUSTRIAL PARK UNIT NO. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp~. Noes, none. Absent, none. RESOLUTION NO. 5537 APPROVING ADOPTION OF AMENDMENT TO GENERAL PLAN: The next item was the Inter-Office Memorandum dated March I0, 1971 from the City Planner to the City Manager concerning the Proposed Amendment to the General Plan - The Desig- nation of Future Solid and Liquid Waste Disposal Facilities. City Attorney Noonan explained the resolution as recommended by the Planning Commission by their Resolution No. 2111 after which Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION ADOPTING AN AMENDMENT TO THE CITY'S GENERAL PLAN." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren STeinkamp. Noes, none. Absent, none. RESOLUTION NO. 5538 AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT PROVIDING SEWER RENTAL CHARGES FOR INDUSTRIAL VILLAGE: After an explanation by City Attorney Noonan concerning sewer rental charges, Councilman Mammini introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF A MODIFICATION AGREEMENT PROVIDING FOR SEWER RENTAL CHARGES FOR INDUSTRIAL VILLAGE." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ah~n, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. 52¸ RESOLUTION NO. 5539 COMMENDING CAESAR L LENCIONI: RESOLUTION NO. 5540 OPPOSING THE REPORT OF REGIONAL PLANNING COM- MITTEE'S WAYS & MEANS COMMITTEE: RESOLUTION NO. 5541 DECLARING OPPOSITION TO SB 333 COMPULSORY AND BINDING ARBITRATION: ORDIHANCE ORDERING REMOVAL OF OVER- HEAD STRUCTURES & INSTAL- LATION OF UNDERGROUND FACILITIES - UNDERGROUND UTILITY DISTRICT NO. 2 PHASE B-2: Ist Reading/Introduction VARIANCE APPLICATION 96 FRANK D. JUKICH: CITY PLANNER'S REPORT: PARKS & OPEN SPACE FINANCINS THE PLAN: DAY OF DEDICATION MUNI CI PAL SWI MMiI:NG PO0 L: MODIFICATION TO BREAK- WATER EXTENSION OYSTER POINT MARINA: City Attorney Noonan stated that the next resolution was ready for introduction after which Councilman Bertucelli introduced the resolution entitled: ~'A RESOLUTION COMMENDING CAESAR LENCIONI." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren STeinkamp. Noes, none. Absent, none. City Attorney Noonan stated that the next resolution, while not listed on the agenda, was recommended by the City Planner and Superintendent of Recreation and Parks and would oppose the Regional Planning Committee's Ways and Means Committee's'Parks and Open Space - Financing the Plan." Councilman Mammini introduced the resolution entitled: ~'A RESOLUTION OPPOSING THE REPORT OF THE REGIONAL PLANNING COMMITTEE'S WAYS AND MEANS COMMITTEE WHICH RECOMMENDED FINANCING OF THE COUNTY'S PARK AND OPEN SPACE PLAN." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained the next resolution declaring Council's opposition to Senate Bill 333 which provides for compulsory and binding arbitration after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION DECLARING OPPOSITION TO SB 333 - COMPULSORY AND BINDING ARBITRATION." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. city Attorney Noonan stated that an ordinance was ready for introduction concerning the underground installation of wires and facilities in Underground Utility District No. 2. Phase B-2. Mayor Borba ordered the title of the Ordinance read. The title of the Ordinance was read. City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for introduction. Councilman Steinkamp moved that reading of the Ordinance in its entirety be waived and that the Ordinance be introduced and read for the first time by rea~g title only, seconded by Councilman Ahern and passed by a unanimous vote. Councilman Mammini moved, that the Ordinance entitled: "AN ORDINANCE ORDERING REMOVAL OF OVERHEAD STRUCTURES, WIRES AND FACILITIES AND INSTALLATION OF UNDERGROUND WIRES AND FACILITIES IN UNDERGROUND UTILITY DISTRICT NO. 2 - PHASE B-2," the entire reading of which has been duly waived, be introduced, seconded by Councilman Steinkamp and passed by the following roll call vote. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. The next item was the Variance Applicaton No. 96 as applied for by Frank D. Jukich re- questing construction of a 6'-high fence in the front and adjacent side yards in the R-I District. Accompanying was the letter of appeal dated March 23, 1971 from Mr. Frank J. Jukich. Also accompanying~s the Inter-Office Memorandum dated April I, 1971 from the Chief Building Inspector recommending denial. Councilman Steinkamp moved, seconded by Councilman mammini and regularly carried, that the matter be continued to the meeting of May 3, 1971, for Public Hearing. The next item was the City Planner's Report to the City Council with respect to Use and Variance Requests considered on March 22, 1971. There being no objections, Mayor Borba ordered the Report accepted and placed on file. T~e Inter-Office Memorandum dated March 12, 1971 from the City Planner and Superintendent of Recreation and Parks concerning "Parks and Open Space - Financing the Plan'? was the next matter for Council's attention. Accompanying was the letter dated March 26, 1971 from City Planner Pass to the San Mateo County Board of Supervisors forwarding Planning Commission's recommendation and report. Also accompanying was the Inter-Office Memorandum dated March 28, 1971 from the Recreation Commission advising of their recommendations concerning the report. Since this matter had been acted upon earlier under Resolutions, no further Council consideration was necessary. The next item was the Inter-Office Memorandum dated March 28, 1971 from the Recreation Commission recommending either May 16 or 23, 1971 as the day of dedication for the Municipal Swimming Pool. Councilman STeinkamp moved, seconded by Councilman Bertucelli and regularly carried, that May 16, 1971 be accepted as the day of dedication for the Municipal Swimming Pool. The next matter for Council's attention was the Inter-Office Memorandum dated March 24, 1971 from theDirector of Public Works as addressed to the City Manager recommending acceptance of work and requesting authorization to file Notice of Completion - Modifi- cation to Breakwater Extension - Oyster Point Marina. Councilman Bertucelli moved, seconded by Councilman Ahern and regularly carried, that the recommendation of the Director of Public Works be approved and accepted and autho- rization be granted to file Notice of Completion. ACCEPTANCE OF WESTBOROUGH The next item was the communication dated March 30, 1971 from Tronoff Engineers recom- BOULEVARD IMPROVE~ENTS: mending final acceptance of Westborough Boulevard Improvements~ subject to certain con- ditions; and approval of Change Orders Nos. 5, 6, 7, 8 and 9 to the contract with L. C. Smith Company. Accompanying was the Inter-Office Memorandum dated March 31, 1971 from the Director of Public Works recommending approval of Change Orders Nos. 5, 6, 7, 8 and 9 and recommending final acceptance of contract with L. C. Smith Company, subject to certain conditions. Councilman Mammini stated that for the benefit of those who were i.nterested in this matter, City Council was accepting only the Change Orders at this time and not the final acceptance of the work. He then moved, seconded by Councilman Steinkamp, that theChange Orders 5, 6, 7, 8 and 9 be accepted and that final acceptance of the improvements be withheld and not accepted at this time. Mr. David Friedenberg, 2395 Bourbon Court, asked as to the penalties and what the intent of the City was in this regard. City Manager Dreisbach stated that the data was not available at this time but that staff would compile them and report to the City Council. Motion as made and seconded was regularly carried. AWARD OF CONTRACT I/2 TON PICK UP FIRE DEPARTMENT: The next item was the Inter-Office Memorandum dated March 15, 1971 from Equipment Main- tenance Supervisor Rodondi submitting compilation of bids and recommendation for I/2 Ton Pick Up for use by the Fire Department. Director of Public Works Goss declared the bids received, stating that the lowest bidder was Arata International Trucks with the low bid of $2,532.76. Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the recommendation of the Equipment Maintenance Supervisor be approved and accepted and award be made to Arata International Trucks as the Iow bidder. AWARD OF CONTRACT PERSONNEL AERIAL PLATFORM- STREET DEPARTMENT: The Inter-Office Memorandum dated March 23, 1971 from the Equipment Maintenance Supervisor submitting compilation of bids and recommendation for Personnel Aerial Platform for use by the Street Department was the next matter for Council's consideration. Director of Public Works Goss declared the bids received, stating that the low bidder was Utility Body Company with the bid of $10,347.33. Councilman Steinkamp moved, seconded by Councilman Ahern and regu~rly carried, that the recommendation of the Equipment Maintenance Supervisor be approved and accepted and award be made to Utility Body Company with the bid of $10,347.33. City Manager Dreisbach requested Council's attention to an additional Support Jack and which was a one-bid item in the amount of $951.30 AWARD FOR SUPPORT JACK - ~ITILITY BODY CO.: MONTHLY REPORTS: Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the one bid submitted by Utility Body Company for a Support Jack in the amount of $951.30 be approved and accepted and award be granted to Utility Body Company. Monthly Reports were received from the following: City Clerk's Report - February 1971 Parking District No. I - February 1971 There being no objections, ~ayor Borba ordered the Reports accepted and placed on file. ANNEXATION REQUEST LANDS ADJOINING LOT I BLOUKB,COUNTRY CLUB PARK: The next item was the communication dated March 26, 1971 from Mr. Louis A. Arata, P.E., concerning annexation of lands adjoining Lot I, Block B~ Country Club Park, San Mateo Co. In answer to Councilman Ahern's question, Director of Public Works Goss remarked that the parcel of property in question was on the east side of Alida Way. Councilman STeinkamp moved that we deny the application for the annexation of this property into the City as has been pointed out by the City Planner that it behooves the City to look towards a total annexation of that whole land so that it can be orderly planned to include the streets. Councilman Ahern commented that, in his opinion, this was not an application but only a letter to the City Council to which City Planner Pass replied that the matter should be initiated through the City Council for their denial or approval at this time. Discussion then followed at which time it was pointed out that other areas had been annexed tolthe City, the most recent of which was Rotary Plaza, that Alida Way was now the main thoroughfare in the Country Club Park Subdivison. It was likewise mentioned that an attempt had been made some years ago to annex all of Country Club Park to the City of South San Francisco but such an election failed. Further discussion followed concerning the need for the City to increase its facilities to these annexed areas, one of which was the pretreatment of sewage; and that an attempt should be made again to have the whole of the area annexed at one time. Councilman Ahern then seconded the motion after which Councilman Mammini stated that he felt the motion as proposed would prejudice the decision of the Local Agency Formation Commission and which was concurred in by Councilman Bertucelli. A request was then made that the motion and second be withdrawn and that the matter be returned to the Planning Commission and staff for study and report. Councilman Steinkamp stated that he would not withdraw his motion. ANNEXAT ION REQUEST LANDS ADJOINING LOT I BLOCK B, COUNTRY CLUB PARK: COMMUN I CAT I ON FROM CITIZENS FOR RESPONSIBLE GOVERNMENT RE: BEAUTI- F I CAT I ON PROGRAM: GOOD AND WELFARE: DISCUSSION REGARDING PARKING OF HEAVY EQUIPMENT BY PIOMBO CONSTRUCTION CO. IN WESTBOROUGH AREA: RESOLUTION NO. 5542 AUTHORIZING TERM]NATION OF GRADING PERMIT ISSUED TO PIOMBO CONSTRUCTION CO. (WESTBOROUGH PARCEL 16 UNIT 4): Roll call vote was as follows: Ayes, Councilman Patrick E. Ahern, William A. Borba and Warren Steinkamp. Noes, Councilmen Frank J. Bertucelli and F. Frank Mammini. Absent, none. The next item was the communication dated March 26, 1971 from the Citizens for Responsible Government concerning the City's Beautification Program. At the request of Mr. Robert Albright, President of the Citizens for Responsible Government, Assistant City Manager Ross read the letter in full after which he replied to each of the questions that were asked, furnishing the information with regard to the committee which had been formed, meetings which had been held, amounts which had been spent, the sources of revenue and the amount of revenue held in this fund. He likewise explained the future program for the beautification projects. Discussion then followed at which time Councilman Ahem commented that he had, on occasions, requested suggestions in this regard but that none had been forthcoming. Mr. David Friedenberg suggested that a committee be appointed as an active committee for the Beautification Program, stating that he could not see these monies lying idle and doing nothing. He then commented on the areas in Westborough which were in need of landscaping after which discussion took place concerning the purposes for which these monies could be used. Councilman STeinkamp suggested that the City's park on Cypress Avenue be given some attention since it was in a rather run-down condition at this time. Mr. John Tamburini suggested to the City Council that some attention to the beautificat of the Marina be given, pointing out that the parking lot was in need of repair, that revenues were received by the City from those who paid their berth and rental fees and that they should be entitled to some consideration. on Councilman Mammini suggested that the answer might be that this be part of the Master Plan for the City. Mayor Borba then requested the City Manager to prepare a quarterly report for public use on the programs in progress and the money which was being spent. There being nothing further, Mayor Borba asked if anyone wished to speak under Good and Wel fare. At this time, Mr. Peter Frankel, 2293 Delvin Way, brought to the attention of the City Council that some six weeks' prior, he appeared concerning the construction equipment o~ Piombo Construction Company in that the area in which it was being parked and the oper- ations of the equipment were of a disturbance and annoyance to the residents in the area. He commented on the refueling which was taking place during the evening hours and that the residential properties were suffering damages because of this equipment and its operations. He likewise mentioned that the equipment was being used in the construction of the roadway on Sneath Lane and that this equipment was afterwards parked near their homes. He requested of Council at this time that the equipment be ordered removed. Councilman Steinkamp commented on the resolution which had been adopted by Council and which governed and controlled these operations. He questioned the storage of equipment in the City if the work was being performed in the City of San Bruno. Councilman Mammini remarked that if the equipment was being used in the construction of roads in San Bruno, the equipment should be stored in that City and not in South San Francisco. Councilman Mammini at this time introduced the resolution entitled: "A RESOLUTION AUTHORIZING TERMINATION OF GRADING PERMIT ISSUED TO PIOMBO CONSTRUCTION COMPANY (WESTBOROUGH PARCEL 16~ UNIT 4)" Mrs. Claudia Duncan, 2590 Gellert Boulevard, requested of Council that Piombo Construction Company be informed to leave the equipment where it was being used and not in their residential area. Discussion then followed concerning the earlier resolution which had been introduced and adopted by Council as well as the Grading Permit which had been issued to Piombo Con- struction Company after which Councilman Mammini stated that he had introduced a reso- lution which would determine whether or not the terms of the permit had been completed and the permitted yardage removed. Mr. Joseph McCracken requested to know whether or not the terms of the Permit which had been issued allowed working on weekends, bringing to Council's attention that trucks in th area were traveling at excessive speeds. Mrs. Barbara Bergero, 36 Escanyo Drive, remarked that the removal of equipment from one residential area to another would be no solution to the problem. She suggested that the City Attorney and staff determine the status of the permit, the work which was being per- formed and if it was a violation of the permit. She commented on the noise and vibrations which their area was suffering because of the construction work on the Westborough Boulevard Extension. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Mr. Gordon Bobblitt, 2204 Delvin Way, at this time stated that this equipment has been bothering residents for some time and that there over a hundred acres in which it could be parked instead of being parked near a residential area so that the residents could watch the equipment for the contractor, that it was not the duty of the residents to watch this equipment. GOOD AND WELFARE: (CONTINUED) INQUIRY CONCERNING CHOICE OF MAYOR AND MAYOR PRO TEM: '--7 Mr. Donald Gamma, 3790 Cork Place, at this time asked Mayor-elect Borba why he had changed his mind in the selection of a Mayor from the luncheon meeting of March 23, 1971, at which time he indicated his support to Councilman Steinkamp for the position of Mayor. Mayor-elect Borba replied that he had reason to change his mind, that he would attempt to do his job and would give the people his best efforts. Mr. Marie Gagliolo, 760 Grand Avenue, congratulated the City Council on their selection of Mayor and Mayor Pro Tem, remarked that he felt both would attempt to obtain unity for the City and suggested that the citizens make constructive criticisms in their discussions with the City Council. Mr. David Friedenberg remarked that the people would continue to see that the City Council spent the City's funds wisely. He then briefly commented on the rotation of the Mayor's office and the manner in which it had been conducted. INOUIRY CONCERNING DUTIES OF S.F. AIRPORT ACCESS COM?.IITTEE: Mr. Donald Grimes stated that, as a member of the San Francisco Airport Access Committee, had attended a meeting in Millbrae, asking as to what the City Council would Want from them as a report. Councilman Steinkamp briefly summarized the position of the committee, explaining the exchange of ideas and suggestions which would be reviewed and presented to the Board of Control. Further discussion followed concerning the times which the meetings were to be held. Councilman Ahern remarked that all meetings were to be held during the evening hours so that there would be no conflict with those who had to work during the day. SUGGEST I ON FOR APPOI NT- MENT OF NEGOTIATOR FOR POLICE DEPT. WAGE NEGOTIATIONS 70-71: COMMENT CONCERNING RECENT ARTICLE IN E.J· PRESS: City Manager Dreisbach at this time remarked that a communication had been received from the Police Department Wage Committee, that anyone of the five names submitted as a negotiator in the 1970-71 wage negotiations would be acceptable to them. He suggested that the name of Adolph Koven, Attorney at Law, be chosen. Councilman Bertucelli moved that Mr. Adolph Koven, Attorney at Law, be appointed as negotiator. Councilman Bertucelli at this time brought up the matter of the article which had appeared in a recent issue of the Enterprise Journal in which Mr. Gamma had criticized him con- cerning nothing being done on Colma Creek and its solution. Councilman Bertucelli gave a background of what had b6en done to find a solution in this regard. COMMENT CONCERNING VACANCIES - LIBRARY 8D. & PLANNING COM.: SELECTION OF ARNOLD ANDERSON AS NEGOTIATOR FOR POLICE DEPT. WAGE NEGOTIATIONS: Councilman Bertucelli then brought up the matter of the vacancies which exists on the Library Board and Planning Commission, requesting the City Manager to assemble all of the applications which had been received for review by Council for selection. Discussion followed concerning the selection of a negotiator for the Police Department wage matter at which time Councilman Steinkamp was requested to select a name by lottery. The name of Arnold Anderson was selected. ~_~ ~/~Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the meeting be adjourned. ADJOURNMENT: Time of adjournment: 10:15 p.m. APPROVED: RESPECTFULLY SUBMITTED, 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.