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HomeMy WebLinkAboutMinutes 1963-09-03461 REGULAR MP-ETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD TUESDAY, SEPTEMBER 3, 1963 TIME, PLACE t CALL TO ORDER, PLEDGE OF ALLEGIANCB AND INVOCATION ROLL CALL, MINUTES, CLAIMS PARKING DISTRICT NO. 1 CLAIMS: PERSON AND SWANSON ASSESSMENT DISTRICT CLAIM, SSF MARINA CLAIM, SSF MUNICIPAL IMPRV. BONDS OF 1963 -- CONSTRUCTION FUND CLAIMS: p.m. Council Chambers, City Hall T~ meeting was called to order by Mayor Patztck E. Ahern at 8:00 p..m. Pledge of Allegiance to the Flag was recited, after which the invocation was given hy Reverend Donald Wertz of Good News Chapel. Present, Absent: Councilmen Patrick E. Ahern, ~milio Cortesi, Andrew Rocca, G. J. Rozzi, and Frank Bertucelli. None. Mayor Ahern asked if there was a motion approving the minutes of the regular · eeting of August 5, 1963, the regular meeting of August 19, 1963, and the acJOurned regular meeting of August 26, 1963. Councilman Rozzi moved, seconded by Councilman Rocca and regularly carried, that the minutes of the regular meeting of A~gust 5, 1963, the:-regular meet- !r~ of August 19, 1963, and the adjourned regular meeting of August, 26, 1963, be approved as submitted. Mayer Ahem then asked if there was a motion approving the regular claims as ~lhmitted for payment. Councilman Rocca moved, seconded by Councilman Rozzt and regularly carried, =hat the regular claims totaling $70,980.88 ~e approved for payment. Mayor Ahern then asked if there was a motion approving the claims as sub- mitted for Parking District No. 1. Councilman Rozzi moved, seconded by Councilman Rocca and regularly carried, that the claims as submitted for Parking District No. 1, totaling $967.39, '~e approved for payment. ?e~son and Swanson Assessment District Clai~: Chas. L. Harney, Inc. claim dated August 12, 1963, in the amount of $18,971.94 for work completed under Resolution of Intention No. 2771, to he disbursed as follows: Person anc Swanson Assessment Funds, $15,083.70~ and MaJor Street Project No. 50 (Gas Tax Funds), $3,888.24. Councilman Rocca ~ved, seconded by Councilman Bertucellt, that the claim as submitted for the Person and S~anson Assessment District be approved for payment. Mayor Ahern asked Director of Public Works Louis GosS if the bill was in order for payment and Mr. Goss replied that it was. The motion as made and seconded was regularly carried. South San Francisco Marina Claim: Anchor Post Products, Inc. claim dated July 31, 1963, in the amount of $188.00 for installing chain link fabric and barbed wire on existing posts. Councilman Rozzi moved, seconded by Counctlmn Rocca and regularlycarrted, ~hat the claim as submitted for the South San Francisco Marina be approved for payment. C[tv of South San Francisco Municioal Improvement Bonds of 1963 -- COps,ruction Fund Claims, Carl E. Kirker claim dated August 15, 1963, in the amount of $500.00 for engineering services in connection with Modifications to ~Sewage Pumping Station No. 4. Jenks & Adamson claim dated August 20, 1963, in the amount of $4,000.00 for Phase D - Progress Payment No. 5 (engineering services) - 30~ to be paid by San Bruno. (c) Jenks & Adamson claim dated August 20, 1963, in the amount of $700.00 for Phase II - Progress Payment No. 1 (engineering services for trunk sewers). (d) Brady Constructors claim dated August 26, 1963, in the amount of $114,719.00 for Progress Billing No. 5 on Waste Pumping and Treatment Works Enlargement -- 24.2996% to he p[id by San Bruno. 462 $$F MUNICIPAL IMPRV. BONDS OF 1963 -- CONSTRUCTION FUND CLAIMS (CONTINUED) WILLOW AVENUE IMPRV. PROJECT CLAIM: BID OPENING -- SSF MUNICIPAL IMPRV. BONDS OF 1963 - SEOGND DIVISION $893,000: (e) Glanvtlle Construction Co. claim dated August 27, 1963, in the amount of $92,690.10 for work completed through August 27, 1963, on Waste Pumping and Treatment Works Enlargement Project Unit II -- 24.2996% to be paid by San Bruno. Councilman Rozzi moved, seconded by Councilm~n Rocca and regularly carried, that the claims as submitted for the City of South San Francisco Mumtcipal IaqJrovement Bonds of 1963 - Construction Func be approved for paymemt. ~il~ow Avenue Improvement Pro, oct Claim: Wilson, Harzfeld, Jones and Morton clain dated August 7, 1963, in the amount of $712.35 for legal services an preparation of Auditor's Record. Ccuncilman Rocca moved, seconded by Councilman Rozzt and regularly carried, that the claim as submitted for the Willow Avenue Improvement Project be · pproved for payment. .-he Mayor announced that this was the time a~d place fixed for the receipt of bids on the sale of the Second Division o~ the Municipal Improvement 5onds of the City. The Clerk reported that hehhad an affidavit of mailing Official Notice of Sale on file in his offic-. _'T~e following bids were opened, examined and declared: United California Bank= Paine. Webber. Jackson & Curtis= J. A. HoQle & Companv~ Stern. Frank. Meyer & Fox bid par and accrued interest to date of delivery and a premium of $2.00 me 6% 4-3/4% 2-3/4% 3.10~ 3.2o for bonds maturing in the years 1965 through 1967, " " " " " year 1968, " " " " " years 1969 " 1973, " " " " " " 1974 " 1980, " " " " " " 1981 " 198~, " " " " " " 1985 " 1986. Bank of A~erica N.T. & S.A. and Associates bid par and accrued interest to date of delivery and a premium of $9.~0 at: 6% for bonds maturing in the years 1965 through 1968, 2_2~3/,4% " " " " " " 1969 " 1970, " " " # " " 1971 " 1975, 2.90~ " " " " " " 1976 " 1978, 3~ " " " " " " 1979 " 1981, 3.10~ " " " " " " 1982 " 1986. The Bank of California. N.A.= First Western Bank & Trust Comoanv; Hill Richards & Company. Inc.~ Shelby Cullom Davis bid par and accrued interest to date of delivery and a premium of $5.00 at, 5% for bonds maturing in the years 1965 through 1968, 2.75% " " " " " " 1969 " 1973, 3~ " " " " " " 1974 " 1979, 3.10~ " " " " " " 1980 " 1981, 3.20~ " " " " " " 1982 " 1986. Wells Farao Bank: Harden. Stone & Co.. ~nc.= R. H. Moulton & Companvl Security First National Bank~ Shuman. A~new & Co.= Weeden& Co.~I Dean Witter & Co.' hid par and accrued irterest to date of delivery and a premium of $275.00 at, 2-3/4% 3.15% 3.20~ for bonds maturing in the years 1965 through 1968, " " " " " year 1969, " " " " " y~ ars 1970 " 1974, " " " " " " 1975 " 1983, " " " " " " 1984 " 1985, " " " " " ye ar 1968. BlYth& Co.. Inc.= J. Barth & Co.= William R. Staats & Co.i Sutro & Co. bid par and accrued interest to date of delivery and a premium !of $2.00 at: 6% 313/4% 2 3/4% 3.10% 3.20% for bonds maturing in the l~ars 1965 through 1967, " " " " " year 1968, " " " " " years 1969 " 1974, " " " " " " 1975 " 1980, " " " " " " 1981 " 1984, " " " " " " 1985 " 1986. The bids were referred to Fred Barnes of the firm of Wilson, Harzfeld, Jones and Morton for computation and report. 463 RESOLUTION NO, 3772 AWARD OF CONTRACT - 1963 STREET IMPROVF. MENTS~ RESOLUTION NO. 3773 BIDS- BUR1 ~JRI STREET LIGHTING ~ RESOLUTION -- CIVIL DEFENSE AGREEMENT - HELD OVER~ RESOLUUO NO, 377a SERVIC~$OONPLRTRD - PLANNING CONTRACTOR, VACATION -- PORTION OF D£LLBROOK AVENUE~ HERMAN/MARY SEGELKR VARIANCE APPLICATION P.C. RESO. NO. 1635 .' GEORGE £. CONGDON (T~E-PAK, INC.) VARIANCE APPLICATION P.C. RESO. NO. 1636~ 5o o JOHN/PEGGE GARCIA VARIANCE APPLICATION P.C. RESO. NO. 1637~ go o I~er-Office Memorandum dated August 27, 1963, received from the Director of Public Works submitting 1963 Street Improvement Project Bids. Director of Public Works Louis C~ss declared the bids received, recommending award be made to L. C. ~mith Company. C:=y Attorney Noonan then explained the first resolution ready for Council action, after which Councilman Rozzi tntroducad~ "A RESOLUTION OF AWARD OF CONTRACT - 1963 STREET IMPROVEMENTS". Roll call vote was as follows~ Ayes, Councilmen Patrick E. Ahem, Emilio Cortesi, G. J. Rozzi, and Frank Bertucelli. ~oes, none. Abstained,; Coun- cilman Andrew Rocca. Absent, none. Ivter-Office Memorandum dated August 22, 1962, received from the Director of Public Works concerning Street Lighting Remodernization -Buri BUri Resi- d.~ ~tial Area. City Attorney Noonan then explained the next resolution, after which Coun- cilman Rocca tntroduced~ "A RESOLUTION OF TP~ CITY COUNCIL OF THE CITY OF ~YJTH SAN FRANCISCO APPROVING PLANS AND ~PEC1FICATION$, AUTHORIZING'THR WORK kN) CALLING FOR BIDS ON THE IMPROVEMENT OF BtRI BURI RESIDENTIAL STREET LI.3HTING". R~ll call vote was as follows~ Ayes, Councilmen Patrick E. Ahern, Emilio Cortesi, Andrew Rocca, G. J. Rozzi, and Frank Bertucelli. Noes, none. Absent, none. The City Attorney explained the next resolution entitled~ "A RESOLUTION OF TfE.CITYCOUNClL OF THE CITY OF SOUTH SAN FR~NCISC, O AUTHORIZING THE.EXECU- TION OF AN AGREEMENT ENTITLED 'CIVIL DEFENSE AND DISASTER AGREEMENT -- SAN NATEO OPERATIONAL AREA CIVIL DEFENSE AND DISASTER ORGANIZATION'", Tfere being no objections, Mayor Ahern ordered the resolution held over at the request of Mr. Brauns, Civil Defense Director. .-he City Attorney then explained the next re~olution, after which COuncilman ~rtucellt introduced~ "RESOLUTION ACKNOWLEDGING COmPLETION OF SERVICES OF PLANNING CONTRACTOR IN A MANNER SATISFACTORY TO THE CITY OF SOUTH sAN FRAN- CISCO''. Roll call vote was as follows~ Ayes, Councilmen Patrick E. Ahern, Emilio Cortest, Andrew Rocca, G. J. Rozzi, and Fran~ Bertucellt. Noes, none. ~sent, none. Letter dated Auqust 13, 1963, received from 2. V. Schulhauser and Associates, [nc.., Engineers, requesting permission to va:ate a portion:of Dellhrook Ave- ~ue in Sunshine Gardens. Director of Public Works ~oss explained the ~tub of street which was to be vacated, recommending that the request be gr~nted. Councilman Rocca moved, seconded by Councilman Rozzi and regularly .carried, ~hat the request as made be approved and the City Attorney prepare the ~.~cessary documents to conclude the matter. 7ARIANCE Resolution No. 1635 was received fr~m the Planning Commission recommending permission he granted for the request to encroach 3 feet 6 [~ches into required 20 foot rear yard at 12~9 Morningside Drive. Councilman Rozzi moved, seconded by Councilman Rocca and regularly .carried, that the recommendation of the Planning Commission he approved and accepted. VARIANCE Resolution No. 1636 was received fzom the Planning Commislion recommending permission he granted for the request to encr~aOh 10 feet into required 15 foot rear yard at 38B Lawrence ~venue. C~uncilman Rocca moved, seconded by Council, an Rozzi and regularly carried, t~at the recommendation of the Planning Commission he approved and~accepted. VARIANCE Resolution No. 1637 was received from the Planning Commission recommending permission he granted for the request for variance onsquare footage of land per dwelling unit to permit five units on 4,756 square feet of land instead of permitted four units on Armour Avenue (between Linden and Cypress Avenues). Councilman Rozzi moved, seconded by Councilman Bertucelli and reqularly car- ried, that the recommendation of the Planning Commission be approved and accepted. Councilman Rocca commented that he wished to abstain fr~m voting on the matter. JAMES R. JOHNSTONE VAR I/LNCE APPLICATION P.e. RESO. NO. 1638~ PETE KARAVOLOS USE PE~IT P.C. RESO. NO. 1639~ THE BAY AREA CO. USE PER~IT P.G. RESO. NO. 1640~ TENTATIVE MAP -- SUNSHINE GARDENS NO. lis VARIANCE Resolution No. 1638 was received From the Planning Commission recommendir~ permission be granted for the request for 41~ lot coverage in- stead of required 40% lot coverage at 394 ~vergreen Drive. Councilman Rocca moved, seconded by CounciLman Bertucelli and regularly carrie~that the recommendation of the Planning Commission be approved and accepted. USE PERMIT Resolution No. 1639 was:.received from the Planning Commission recommending denial for the reffuest to erect a second single family dwelling facing on Second Lane at the rear of property at 839 Baden Avenuetn an R-2 District. Accompanying letter dated August 20, 1963, received from Mr. and Mrs. Kara- volo$ appealing the decision of the Plannir.g Commission. Discussion followed, at which time the applicant asked as to the reason for refusal by the Planning Gommiiston. Mayor Ahern asked if the Planning Com- mission did not inform him. Further discussion followed, and the lapplicant's Architect commented that he understood that the Council's action Was a post- ~enement and not a denial, to which the Mayor replied that a Public Hearing was to be set as requested. There being nc objections, Mayor &horn set the ~ublic Hearing on October 7, 1963. JSE PERMIT Resolution No. 1640 was receivei from the Planning Co~mission recommending permission be granted for the request to erect a driVe-in res- taurant (McDonald's) on a portion of Block B, Country Club Park, Just north of Kinney Shoes on E1Camino Real in a C-1 District. Mayor Ahern remarked that if there were no objections, the Use Permit would ~e continued. Mr. A1Tambortni, present in the audience, stated he was the applicant for -~e company and asked as to why the reason for the continuance. Mayor Ahem stated that there seemed to he some problem between Mr. Botieff, ~he adjoining property owner, and The Bay Area Co. He suggested that a meet- lng he held between the property owners so ~hat some settlement cOUld be reached. City Manager Aiello con~nented that Mr. Botieff had asked for a continuance on his application for resuhdivision which was approved hy the Planning Commis- sion and which was on tonight's agenda, therefor making the Bay Area Co. con- tinuance necessary. He also stated that th~ objection seemed to he about the installation of water for future fire prevention facilities. Discussion followed, at which time in answer to Counci4man Rocca's inquiry, Mr. Tamhorini stated that this would cause a hardship to his company. Further discussion followed and ~ntton was made regarding the fire prevention facilities to be installed by The Bay Area Co. and the apportionment of future fire prevention facilities which Mr. Botieff was interested in andlwhich would be necessary at the time his property would he developed. At the request of Councilman Rocca, Fire Chief Marcht explained the fire alarm boX, hydrant, etc. which The Bay Area Co. had agreed to install and the size and quantities of improvement which would h~ve to be made in the future when the remaining properties were developed. He further remarked that these were necessary pursuant to the provisions of the ordinance. ?~rther lengthy discussion followed, after which Mayor Ahern suggested to the i~terested property owners that they meet a~d discuss the matter and formulate some agreement between themselves. In the meantime, if there were .no objec- tions, he would continue the matter to an acJourned meeting to he held Tuesday, ~ePtember 10, 1963. No objections were registered. [~ter-Office Memorandum dated August 30, 1963, was received from the Planning Commission recommending approval of the Tentative Map of Sunshine Gardens No. LL, and recommending the following conditions he included when the Final Map !,~prepared= Walkwav~ (a) The walkway between lots 24 and 25 be reduced from 41.47 ft. as shown on the Tentative Map to approximately 30 ft.l the additional footage to increase the size of lot 251 (h) Fee Title to the walkway to go to South San Francisco Unified School Districtl (c) Walkway will have a 20 ft. pavement with 5 ft. of planting on each sidel (d) Planting to he according to recommendation of Director of Parks and Recreation, with low planting not exceeding 3 ft. in height in the 15 ft. BSL along Miller Avenuel (e) Walkway be on a curved line~ (f) An 8 ft. cyclone!fence to be installed along either side of walkway up to 15 ft. BSL, with a small ornamental wire fence between planting area and paved walk. 2. A 5 ft. easement for drainage pipe to be shown on Final Map. 465 TENTATIVE MAP -- SUNSHINE -GARDENS NO. 11 ~ (CONTI -D) RESUBDIVISION REQUEST - CALIF. WATER SERVICE RESUBDIVISION REQUEST - WILLIAM BOTIEFF: AMENDMENT - USE PERMIT P.C. RESO. NO. 1602 - 30~ ATHANASIOUt REQUEST FOR CHANGE - .ARCHITECTURAL PLANS -- SUNDBERG BLDG. CORP.= PUMP STATION NO. 4 - EXTENSION OF TIME t MONTHLY REPORTS~ 3. Manholes for drainage pipe to be located as near as possible to property lines. A 16 ft. cyclone fence be constructed for approximately 300 ft. on the rear of the playground area. The balance of the property will have a 6 ft. cyclone fence. 5. Utilities will be located in the 10 ft. P.U.E. provided along the rear of the lots. 6. Street lighting be installed according to recommendation of P.G. & E., with attention to providing lighting at school walkway and at the end of Crestwood Drive. 7. House numbers to be located 7 ft. above ~round to right or left of front door. 8. Subdivider to plant a tree on each lot at the time the homes are completed. 9. Eliminate 15 ft. BSL on Final Map. Councilman Rozzi moved, seconded by Counctlm~n Bertucelli and regularly car- ried, that the recommendation of the Plannin~ Commission including ~he con- ditions he approved and accepted. Inter-Office Memorandum dated August 29, 1963, was received from the Planning CeWnission recommending denial for the resubcivision request on property owned by the California Water Service Company sour? of Colma Creek along Chestnut Avemue and the Southern Pacific Railroad tracks. Accompanying letter dated August 27, 1963, received from the California Water Service Company appealing the decision of th~ Planning Commission. City Attorney Noonan commented that it was his understanding that a meeting was to be held with the Planning Commission ~n an effort to solve the objec- tions and that if Council wished the Hearing could be set far enough in ad- vance in the event a settlement was reached. City Manager Aiello read the Meaerandum from thePlanning Commission regarding the meeting to he,held this eveming after which, there being no objections, Mayor Ahern set the !Hearing for October 21, 1963, at 8~00 p.m. Inter-Office Memorandum dated August 29, 1963, was'.received from the Planning Co,mission recommending permission he grantec for the resubdivialon:reguest of William Betieff. T~ere being no objections, Mayor Ahern deferzed the matter for one Week. Inter-Office Memorandum dated August 29, 1963, received from the Planning Com- mission regarding an a~endment to delete con~ition No. 2 to Use permit Reso- lution No. 1602, granted April 22, 1963, to John Athanasiou. This condition r~quired that existing fence on the easterly side of the property be main- taimed at three feet in the front yard. Mr. Athanasiou reported the fence h,longed to the next door neighbor and he wa~ not entitled to lower the fence. The Planning Commission recommended the second condition he deleted. Cmunctlman Rozzi moved, seconded by Counctlm~ n Bertucelli and regularly car- ried, that the recommendation of the Planninc. Commission be approved and a c =opted. I~ter-Office Memorandum dated August 29,1963, was received from the Planning Co~mission concerning the request of Sundber~ Building Corporation for change architectural plans for apartment huildin~s at Orange Avenue and "A" Street. 7here being no objections, Mayor Ahern referred the matter to City Attorney Noonan for report. I~ter-Office Memorandum dated August 14, 1963, received from the Director of P'~blic Works recommending an extension of time for completion of Modifications to Pump Station No. 4. A:companytng letter from Dean C. ~uehler, Inc. requesting an extension of time o~ the contract for Modifications to Pump Stetion No. 4. Councilman Rozzi moved, seconded by Councilman Bertucelli and regularly car- rted, that the recommendation of the Director of public Works be approved and accepted and the extension allowed. Monthly Reports for July, 1963, were receive¢ from the following~ Fire Department Library County of San Mateo Department of Public Health and Welfare - Sanitation Section. There being no objections, Mayor Ahern ordered the reports accepted and filed. DEPARTMENT OF ALCOHOLIC BEVERAGE CON'IROL = RESOLUTION NO. 3775 AWARDING SALE OF BONDS SECOND DIVISION -- SEWAGE PLANT~ GOOD AND WELFARE t DISCUSSION - ABSTAINING VOTES t KARAVOLOS USE PER~IT= .5'o Mo DISCUSSION - W~STBOROUGH ANNEXATION BOYS' CLUB- CARNIVAL REQUEST t ADJOURI~ENT ~ .-he following application was received from =he Department of Alcoholic Beverage Control ~ Application for On Sale ~eneral (Bona .~ide Public Eating Place) as applied for hy Joseph Ercoli at 713 Linden Avenue. .~.ere being no objections, Mayor Aborn ordered the report filed. Fred Barnes of the firm of Wilson, Harzfeld, Jones and Morton gave a summary &ndcomputation of the bids received, recomm-nding the award be made to the B&nk of America N.T. & S.A. and'AssOciateS as the best bid. City Attorney Noonan explained the resolutio ~, after which Councilman Rossi introduced~ "A RESOLUTION AWARDING SALE OF ~OND$ - ~UNICIPAL IMPROVEMENT PoNDs OF 1963, $893,000 - SECOND DIVISION". Roll call vote was as follows~ Ayes, Councilmen Patrick E. Ahern, ~milio Cortesi, Andrew Rocca, G. J. Rossi, and Frank Bertucelli. Noes, none. Absent, none. T~ere being n~thing further, Mayor Aborn asked if any member of the Council lad anything they wished to offer under Good and Welfare. Councilman Cortesi requested an interpretation of the word "abstain, and its ~se hy a me~ber of the Council in voting. City Attorney Noonan commented t~at he assumed Councilman Cortesi had reference to his abstaining vote at the:last meeting with regard to the annexation of Westhorough to the City, to Which he replied this was correct. Discussion followed, at,ich time City Attorney Noonan cited the California iecision of ~rtin vs. Ballinger (25CA2d~35) whiih briefly was to the effect that a Councilman abstaining from voting lef~ the decision of the issue to the majority of the quorum. He further remarked that what Councilman Cortesi ~ad done was to remove himself from the quox~m and leave the decision to the cuorum. Councilman Cortesi stated he was no~ against the Callans hut wished to leave the decision to a vote of the people. There being nothing further from any member of the Council, Mayor Aborn asked if any person in the audience had anything they wished to offer. The Architect for Mr. Karavolos who spoke earlier on his Use Permit Resolu- tion No. 1639 asked if Council would act on ~he matter if Mr. Xaravolos were to Withdraw his letter of appeal. City Attorney Noonan remarked that the letter of appeal filed set the legislation im motion for a Hearing and kept thematter open. This was satisfactory to the applicant. ~r. Jack Bradley commented on the City's action concerning the annexation of Westhorough to the City, stating that this amnexation would he a costly one and felt that the City was making a mistake. Discussion followed, at which ti~e Councilman Rocca commented on the heneflts the City would derive from the orderly development of the uninhabited t~rritory, which is what the City was proposing to annex, as well as the sales tax revenue the City would de- rive from the shopping area. Mr. Bradley coemented that he felt the matter s~ould go to the vote of the people. Irene Mann asked the City Clerk if he had received a letter from the Boys' Club requesting permission to hold a Carnival, to which he replied that he had hut that it had been received too late tc he included with tonight's agenda and would appear on the next agenda. There being nothing further, Mayor Ahern adjourned the meeting to Tuesday, ~e~temher 10, 1963, at 7~00 p.m. Time of adjournment= 9=35 p.m. RESPECTFULLY SUBMITTED, City Clerk APPROVED