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HomeMy WebLinkAboutMinutes 1972-02-22REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD TUESDAY, FEBRUARY 22, 1972 TIME:~ 8:00 p.m. PLACE: Council Chambers, City Hall. CALL TO ORDER: ...Mayor Borba called the meeting to order at 8:03 p.m. PLEDGE OF ALLE- GIANCE AND INVOCATION: The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend William Justice of All Souls Catholic Church. ROLL CALL: Present: Absent: Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. None REGULAR CLAIMS: __Mayor Borba asked if there was a motion approving the regular claims as submitted for payment. City Attorney Noonan requested that there be added to the regular claims, the claim payable to Hartford Insurance Company in the amount of $1,000. There being no objections, it was so ordered after which Councilman Mammini moved, seconded by Councilman Ahern and regularly carried, that the regular claims, totaling $74,244.64, be approved for payment, and approval include the Supplement to Claims List of February 7, 1972. PARKING DISTRICT Mayor Borba asked if there was a motion approving the claims as sub- NO. I CLAIMS: mitted for Parking District No. I for payment. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the claims as submitted for Parking District No. I, totaling $47.59, be approved for payment. C.C. & F. IND. PARK NO. 3 CLAIMS: Cabot, Cabot & Forbes Industrial Park, Unit No. 3 Claims: (a) (b) Cooper, Clark & Associates claim dated January 17, 1972 in the amount of $1,522.80 for Inspection and Testing of Earth Work. Carl isle claim dated February I, 1972 in the amount of $630.00 for printing of Improvement Bonds. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 3, be approved for payment. PUBLIC HEARING The next matter for Council's attention was the Public Hearing - NOTICE PROPOSED VACATION OF PROPOSED VACATION OF A PORTION OF STREET RIGHTS OF WAY ADJACENT TO WESTBOROUGH-WEST BLOCK 6 IN WESTBOROUGH-WEST PARK UNIT #1 (PARKING BAYS). PARK #1 (PARKING BAYS):~_Q ~ 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 office. City Attorney Noonan explained the relationship of the Public Hearing to the first resolution, requesting that the matter be continued to the next regular meeting. Mayor Borba then asked if there were any oral protests. None were registered and there being no objections, the Public Hearing was continued to the next regular meeting. RESOLUTION RE- The next item was the Inter-Office Memorandum dated January II, 1972 GARDING EXCHANGE from the Secretary to the Planning Commission approving the proposed OF COMMON GREENS vacations on the condition that the Braewood Development Corporation BRAEWOOD WESTBO- comply with the submitted requirements of the City's Department Heads. ROUGH WEST PARK UNIT NO. I: Accompanying was the Inter-Office Memorandum dated January II, 1972 from the Secretary to the Planning Commission recommending the proposed ex- change of Common Greens on the condition that the Braewood Development Corporation comply with the submitted requirements of the City's Department Heads. There being no objections, the resolution authorizing exchange of Common Greens Braewood-Westborough-West Park Unit No. I was continued. RESO. NO. 5775 City Attorney Noonan explained the resolution requiring the taking of DETERMINING PUB~; an easement for water line purposes after which Councilman Ahern intro- LIC INTEREST REQUIRE ACQUISI- TION OF CERTAIN LANDS ANTOINETTE LANE: duced the resolution entitled: "A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS AND APPOINTING SPECIAL COUNSEL ANTOINETTE LANE." 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. RESO. NO. 5776 GRANTING CONSENT TO NO. SAN MATEO CO. SANITATION DIST. CONSTRUC- TiON SEWER MAIN GELLET BLVD.: The Inter-Office Memorandum dated February 4, 1972 from the Director of Public Works recommending the granting of consent to the North San Mateo County Sanitation District for construction of a sewer connection main in Ge llert Boulevard, subject to conditions, was the next item. Brief discussion followed at which time Director of Public Works Goss explained the request after which Councilman Ahern introduced the resolution entitled: "A RESOLUTION GRANTING CONSENT TO THE NORTH SAN MATEO COUNTY SANITATION DISTRICT FOR CONSTRUCTION OF A SEWER COLLEC- TION MAIN IN GELLERT BOULEVARD." 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 RE- GARDI NG AWARD OF CONTRACT GRAND AVE. RE- SURFACING 1972: The next item was the INter-Office Memorandum dated February 3, 1972 from the Director of Public Works submitting compilation of bids and recommendation for resurfacing of Grand Avenue from Spruce Avenue to Cypress Avenue. City Manager Dreisbach stated that Staff had recommended a continuance of this matter. This matter had been discussed with the Iow bidder and he approved of the continuance. There being no objections, it was so ordered. RESO. NO. 5777 The next matter for Council's attention was the Inter-Office Memorandum AWARD OF CONTRACT dated February 16, 1972 from the Director of Public Works submitting POLICE BLDG.: compilation and bids and recommendation for the remodeling of the -.-~/~3 Police facilities. Director of Public Works Goss declared the bids received, stating that the Iow bidder was M & H Construction CO., with the Iow bid of $13,947. City Manager Dreisbach called to the attention of the City Council a letter of protest which had been received from Tyson Builders which he explained after which Mr. Yamasaki, Architect, recommended the award be made to M & H Construction Co., commenting that their bidding was according to plans and specifications. Councilman STeinkamp introduced the resolution entitled: "A RESOLUTION n~ AWARD OF CONTRACT MODIFICATION OF RECORDS AND COMMUNICATIONS AREA (POLICE BUILDING)." -2 - RESO. NO. 5777: Roll call vote was as follows: Ayes, Councilmen Patrick E, Ahern, (CONTIN~!ED~ Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren 3[03 Steinkamp. Noes, none. Absent, none. RES©. NO. 5/78 The next item was the Inter-Office Memorandum dated February 14, 1972 A~P~VlNG FREEWAY from the Director of Public Works recommending acceptance of the Freeway MAINTENANCE AGREE-Maintenance Agreement - Portion of Junipero Serra Boulevard and MENT - STATE RTE. Avalon Drive. 280: ~ / Accompanying was the communication dated November 24, 1971 from the E/ State Division of Highways submitting Freeway Maintenance Agreement. Councilman Mammini introduced the resolution entitled: "A RESOLUTION APPROVING FREEWAY MAINTENANCE AGREEMENT (STATE HIGHWAY ROUTE 280 BETWEEN 0.3 MILE SOUTH OF SAN BRUNO AVENUE AND 0.3 MILE SOUTH OF ARROYO DRIVE)" after which pursuant to his request, Director of Public Works Goss gave a brief explanation as to the matter of the Maintenance Agreement. 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. RESO. NO. 5779 PROVIDING FOR HOLDING GENERAL MUNICIPAL ELEC- TION 4/11/72: 3-3 After an explanation by City Attorney Noonan, Councilman Ahern intro- duced a resolution entitled: "A RESOLUTION PROVIDING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF SOUTH SAN FRANCISCO ON THE IITH DAY OF APRIL, 1972, DESIGNATING AND CONSOLIDATING PRECINCTS, DESIGNATING POLLING PLACES, APPOINTING PRECINCT ELECTION OFFICERS AND OTHER RELATED MATTERS." 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. RESO. NO. 5780 URGING ADDITION- AL FUNDING BY CONGRESS FOR SURVEY OF COLMA CREEK: City Attorney Noonan explained the next resolution after which Council- man Bertucelli introduced the resolution entitled: "A RESOLUTION URGING ADDITIONAL FUNDING BY CONGRESS OF UNITED STATES FOR SURVEY OF COLMA CREEK." 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. RESO. NO. 5781 AUTHORIZING ISSUANCE OF BLASTING PERMIT HEALY TIBBITTS; MAGISTRETTI: The next item was the Inter-Office Memorandum from the Director of Public Works recommending issuance of a Blasting Permit to Healy Tibbitts Construction Company for Merck Chemical Company site, subject to conditions. Accompanying was the communication dated February 15, 1972 from Healy Tibbitts Construction Company requesting Blasting Permit for Merck Chemical Company site. After an explanation by City Attorney Noonan, Councilman Ahern intro- duced the resolution entitled: "A RESOLUTION AUTHORIZING ISSUANCE OF A BLASTING PERMIT TO MERCK CHEMICAL COMPANY, HEALY TIBBITTS CONSTRUCTION COMPANY AND C. A. MAGISTRETTI." 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. RESO%. NO. 5782 After an explanation by City Attorney Noonan, Councilman Mammini intro- DECLARING COUNCIL duced the resolution entitled: "A RESOLUTION DECLARING THE COUNCIL'S SUPPORT FOR THE SUPPORT FOR THE IMPLEMENTATION AND COMPLETION OF THE UNITED STATES IMPLEMENTATION; AF~4Y CORPS OF ENGINEERS' PROJECT KNOWN AS 'SURVEY OF STREAMS (COLMA COMPLETION - U.S. CREEK) AT AND IN THE VICINITY OF SOUTH SAN FRANCISCO, CALIFORNIA.'" PROJECT - COLMA RESO. NO. 5782: (CONT I NUED) RESO. SO. 5785 DECLAR I NG C I TY PROVIDES FIRE PROTECT I ON: 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. Councilman Bertucelli introduced the next resolution after an expla- nation by City Attorney Noonan and which was entitled: "A RESOLUTION DECLARING THAT THE CITY OF SOUTH SAN FRANCISCO PROVIDES FIRE PROTECTION." 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. CLAIM AS FILED The next matter for Council's attention was the claim against the City BY SONJA SANDEMAN as filed by the law office of Sonja Sandeman on behalf of Coy Ratliff ATTY. AT LAW, ON BEHALF OF COY RATLIFF: for alleged personal injuries sustained as a result of street work. Councilman Mammini moved, seconded by Councilman Steinkamp 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 Section 913915.4 and re- lated sections of the Government Code. PLANNING FEE SCHEDULE: The next item was the Inter-Office Memorandum dated February 15, 1972 from the City Planner recommending changes in the City-Planning Fee Schedule of the City. Councilman Mammini requested that the matter be continued until City Planner Pass was available to explain the charges. There being no objections, Mayor Borba so ordered. ANNEXATION OF The next item was the Inter-Office Memorandum dated February I0, 1972 from WESTBOROUGH BLVD. the Director of Public Works submitting conditions concerning the annex- EXTENS ION RIGHT OF WAY: ation of Westborough Boulevard Extension right of way. Discussion followed at which time the City Attorney stated that his report would be pretty much the same as the Director of Public Works. Mention was also made concerning the drainage facilities and the need for other repairs. Director of Public Works Goss stated that he did not include in his Memorandum a recommendation that Staff be authorized to negotiate with the County on the matter of annexation, and not commit the City at this time. After discussion, Councilman Ahern moved, seconded by Councilman Bertucelli and regularly carried, that the matter be referred to Staff. IMPROVEMENT OF Al RPORT BLVD. 2ND LANE TO MI LLER AVE.: The next item was the Inter-Office Memorandum dated January II, 1972 from the Director of Public Works concerning the improvement of Airport Boulevard - Second Lane to Miller Avenue. Director or Public Works Goss distributed to the Members of the City Council a drawing on the proposed improvement, explaining from this drawing after which Councilman Ahern moved, seconded by Councilman Bertucelli and regu3arly carried, that the recommendation of the Director of Public Works be approved and accepted. ITEMS FROM The next matter was items from Staff. STAFF:. The Memorandum from the Landscape Specialist under date of February 18, ACCEPTANCE OF 1972 concerning the acceptance of work performed on Westborough Median LANDSCAPING ON Island landscaping was next taken up after which Councilman Mammini WESTBOROUGH BLVD. moved, seconded by Councilman Steinkamp and regularly carried, that the MEDIAN STRIP: recommendation of the Landscape Specialist be approved and accepted. ADJOURNMENT RE- City Manager Dreisbach at this time requested that before Council QUEST TO ADJOURN adjourned this evening's meeting, they adjourn to Monday, M§rch 13, TO MARCH 13TH: 1972 at 8:00 p,m. instead of March 6, 1972 as the Mayor would be out of town attending the United States Conference of Mayors Meeting 5 l.~3 in Washington, D.C. Councilman Ahem moved, seconded by Councilman Mammini and regularly carried, ~hat the recommendation of the City Manager be approved and accepted. PERMISSION Mayor B~rba at this time requested permission that he be allowed to GRANTED TO MAYOR leave the State in order that he might attend the Conference in Washington, & CITY MANAGER D.C. He further requested that the City Manager be permitted to attend TO ATTEND CON- this Conference with him. FERENCE OF MAYORS IN WASHINGTON D.C.There being no objections, it was so ordered. ~]~l~ Mayor Borba stated that at the meeting of January 17, 1972, a letter COM~¥:],Ii$ CL)NCERN- had been directed to be sent to the County concerning housing facilities NING HOUSING FACILITIES & REQUEST TO FOR- WARD LETTER TO HO~ISIH~ Within the County of San Mateo, requesting that the letter which would be prepared, be given to the Local Housing Authority for their review and approval. Discussion followed after which, at the suggestion of Councilman Ahern, copies of the letter were to be sent to each commissioner of the Housing Authority for their comments in this regard. DISCUSSION RE ADDITIONAL AREA FOR SWIMMING POOL PARKING GUY F. ATKINSON PROPERTY: Councilman Steinkamp at this time brought up the matter of the~use of the additional Southern Pacific Company Railroad Company's property nearthe Guy F. Atkinson's property as possible parking facility for the Municipal Sw~imming Pool. Discussion followed concerning the acquisition of this property by the Guy F. Atkinson Company after which there being no objections, the City Manager was requested to review the matter and report to the City Council. C~OD AND WELFARE: There being nothing further, Mayor Borba asked if anyone present in the audience had anything they wished to offer under Good and Welfare. DISCUSSION CON- CERN ING COUNCIL EXPENSE ALLOWANCE: COMPLAINT SERVED ON COUNCIL TO SHOW CAUSE: Mr. David Friedenberg, 2395 Bourbon Court, at this ~ime, discussed the matter of City Council's Expense Allowance. Mr. Friedenberg, Attorney for Robert Albright and others, served the Council and City with a Complaint and Order to Show Cause in this matter. Prior to, during, and after the motions in this matter, oral presentations were made by the following: Mr. David Friedenberg, Councilman Ahern, City Attorney Noonan, Councilman Steinkamp, Mrs. Lois Barnes, Councilman Mammini, Councilman Bertucelli, Mr. Steven Teshara, Mr. Thomas Kerrigan, Mr. Robert Volosing and Mr. Jerry Rosalie. The presentations and discussions are so lengthy that same were not reported in these Minutes, word for word, but were recorded on a tape and the tapes are available for public inspection, review and copying in the office of the City Clerk. Councilman Ahern moved, seconded by Councilman Bertucelli that the City Manager and City Attorney be instructed to assess the political activi~ ties of Mr. David Friedenberg and report back to Council Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli and William A. Borba. Noes, Councilmen F. Frank Mammini and Warren Steinkamp. Absent, none. At the request of Councilman Ahern, City Clerk Rodondi read in full a communication from Councilmen Mammini and Steinkamp dated February 17, 1972 concerning the matter of Expense Allowance. - 5 - RECESS: Mayor Borba declared a recess at 9:05 p.m. RECALL TO ORDER:.. Mayor Borba recalled the meeting to order at 9:15 p.m. with all Council present. DISCUSSION CON- CERNING DOG COMPLAII~T: City Attorney Noonan at this time brought to the attention of the City Council the matter of the dog complaint which had been made at their previous meeting, calling on Mrs. Maryanne Burgoyne, 2530 Tipperary Avenue, owner of the dogs, who explained the number of dogs kept and the purpose for each that were kept. City Attorney Noonan stated that he would again verify the matter with the Peninsula Humane Society. CONTINUANCE OF PLANNING COMM. ITEM REGARDING FILING ADJOURNMENT :. CouncilmanSteinkamp at this time remarked that City Planner Pass was present in the audience, asking if the Planning Commission Item VIII 2(a) could be discussed at this time to which Mayor Borba stated that the matter would be listed for future agenda. There being no objections, Mayor Borba adjourned the meeting to March 13, 1972 at 8:00 p.m. Time of adjournment: 9:34 p.m. APPROVED: RESPECTFULLY SUBMITTED, City Clerk * The discussions contained in these Minutes are excerpts and not verbatim. The proceedings of this meeting are taped and all discussions are contained therein.