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HomeMy WebLinkAboutMinutes 1969-05-05REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FR~NCISCO HELD MONDAY, MAY 5, 1969 PLACE CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION~ ROLL CALL: MINUTES: CLAIMS PARKING DISTRICT NO. 1 CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 1 CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2 CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2A CLAIMS, 1969 SO. AIRPORT BLVD. AREA SEWER REVENUE BONDS CLAIMS: 8:00 p.m. Council Chambers, City Hall. The meeting was called to order by Mayor Bertucelli at 8:01 p.m. The Pledge of Allegiance to the Flag was recited. At the request of Mayor Bertuceili, a moment of silence was observed in memory of Reverend Martin L. Wyneken. Present: Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Absent: None Mayor Bertucelli asked if there was a motion approving the Minutes of the regular meeting of April 21, 1969. Councilman Rocca moved, seconded by Councilman Mammini and regularly carried, that the Minutes of the regular meeting of April 21, 1969 be approved as submitted. Mayor Bertucelli then asked if there was a motion approving the regular claims as submitted for payment. Councilman Ahern moved, seconded by Councilman Steinkamp and regularly carried, that the regular claims, totaling $83,976.92, be approved for payment. Mayor Bertucelli asked if there was a motion approving the claims for Parking District No. 1 as submitted for payment. Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the clains as submitted for Parking District No. 1, totaling $10.31, he approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 1 Claims: (a) Wilsey & Ham claim dated April 22, 1969 in the amount of $495.09 for Engineering Services in connection with Modification of Street Light System. (b) Wtlsey & Ham claim dated April 22, 1969 in the amount of $57.70 for Engineering Services in connection with removal of Spur Track Crossing of Allerton Avenue. Councilman Mammini moved, seconded by Councilman Rocca and regularly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 1, he approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2 Claims: (a) Arthur "Buzz" Haskins Company claim dated March 20, 1969 in the amount of $83.50 for Ditch Repair and other work performed necessary for soils tests. (b) Wilsey & Ham claim dated April 23, 1969 covering Invoices Nos. 5684, 5685, and 5687, totaling $3,697.48, for Engineering Services through January 31, 1969. Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2, be approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2A Claims: (a) Arthur "Buzz" Haskins Company claim dated March 20, 1969 in the amount of $83.50 for Ditch Repair and other work performed necessary for soils tests. (b) Wilsey & Ham claim dated April 23, 1969 covering Invoices Nos. 5684, 5685, and 5687, totaling $3,697.49, for Engineering Services through January 31, 1969. Councilman Rocca moved, seconded by Councilman Steinkamp and regularly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2A, be approved for payment. 1969 So. Airport Blvd. Area Sewer Revenue Bonds Claims: (a) L. C. Smith Company claim dated March 27, 1969 in the amount of $13,453.72 for Material and Services Performed. (b) Carlisle Company claim dated April 18, 1969 in the amount of $443.78 for Printing of Sewer Revenue Bonds. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the claims as submitted for 1969 So. Airport Blvd. Area Sewer Revenue Bonds, be approved for payment. 1969 SO. AIRPORT BLVD, FIRE SERVICE ASSESSMENT DISTRICT CLAIMs PROCLAN~TION FIRE SERVICE DAY MAY 10, 1969s RESOLUTION NO. 5079 AWARD OF CONTRACT MODIFICATIONS TO PUMP STATION #8 AND RELIEF SEWER s RESOLUTIONS CONCERNING WESTBOROUGH AND WESTBOROUGH BOULEVARD EXTENSION ~ RESOLUTION NO. 5080 AUTHORIZING CANCELLATION OF TAXES PUBLIC USE FIRE STATION SITEs b-3 5 RESOLUTION NO. 5081 IN MEMORY OF REVERF_ND MARTIN L. WYNEKENs RESOLUTION NO. 5082 COMMENDING OYSTER POINT YACHT CLUB s CITY PLANNER'S REPORTs 1969 So. Airport Boulevard Fire Service Service Assessment District Claims Underground Construction Co., Inc., claim dated April 11, 1969 in the amount of $4,844.08 for Services Performed. Councilman Mammini moved, seconded by Councilman Rocca and regularly carried, that the claim as submitted for 1969 So. Airport Boulevard Fire Service Assessment District be approved for payment. The next item was the Proclamation designating the day of May 10, 1969 as "FIRE SERVICE DAY." Mayor Bertucelli so proclaimed. The next item was the Inter-Office Memorandum dated April 28, 1969 from the Director of Public Works submitting compilation of bids for Modifications to Pump Station ~8 and Relief Sewer. Accompanying was the Inter-Office Memorandum dated April 25, 1969 from the Superintendent of Sanitation submitting recommendation and request for monies to accomplish this project as planned. Director of Public Works Louis Goss declared the bids received, stating that the lo~ bidder was L. C. Smith Company. City Attorney Noonan explained the resolution after which Councilman Steinkamp intro- duced the resolution entitleds "A RESOLUTION OF AWARD OF CONTRACT MODIFICATIONS TO PUMP STATION ~8 AND RELIEF SEWER." Roll call vote was as followst Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Abstaining, Council- man Andrew Rocca. City Attorney Noonan requested that the following resolutions entitleds "A RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREF~NT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR RIGHT OF WAY ACQUISITION AND CERTAIN CONSTRUCTION COSTS FOR THE WESTBOROUGH BOULE- VARD EXTENSION PROJECT," "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE COUNTY OF SAN MATEO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, AND THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, RELATED TO THE WESTBOROUGH EXTENSION PROJECT," "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREF3~ENT BETWEEN THE COUNTY OF SAN MATEO, CITY OF SOUTH SAN FRANCISCO AND SEVERAL OWNERS PROVIDING FOR THE GRANT OF EASEMENTS AND THE PAYMENT OF IMPROVEMENT CONSTRUCTION COSTS FOR A PORTION OF TWELVE MILE CRE~K RUNNING ALONG THE BOUNDARIES OF THE CALIFORNIA ~OLF CLUB AND DONATI PROPERTIES," "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEM~F. NT BETWEEN THE COUNTY OF SAN MATEO, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIAI THE CITY OF SOUTH SAN FRANCISCO, A MUNICIPAL CORPORATION, AND ," be continued, with a report to be made to the City Council through the City Manager at the next Study Session. There being no objections, Mayor Bertucelli so ordered. City Attorney Noonan explained that the next resolution would request cancellation of taxes on property recently acquired for the fire station site after which Councilman Rocca introduced the resolution entitleds "A RESOLUTION AUTHORIZING CANCELLATION OF TAXES ON PROPERTY ACQUIRED FOR PUBLIC USE AND CITY ATTORNEY'S CONSENT THERETO AND REQUESTING THE BOARD OF SUPERVISORS TO AUTHORIZE CANCELLATION OF COUNTY TAXES AND THE DISTRICT ATTORNEY'S CONSENT THERETO - (FIRE STATION SITE)." Roll call vote was as follo~ss Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan stated that the next resolution was in memory of Reverend Martin L. Wyneken, deceased. Councilman Ahern introduced the resolution entitleds "A RESOLUTION IN M~ORY OF REVEREND M~TIN L. WYNRKEN." Roll call vote was as followss Ayes, Cou~ilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammint, Andrew Rocca and Warren Stetnkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution which had been prepared commended the Oyster Point Yacht Club for winning the Yacht Club Championship Award in the San Francisco's Chronicle's Opening Day Parade boat decoration competition. Councilman Ahern introduced the resolution entitleds "A RESOLUTION COMMENDING OYSTER POINT YACHT CLUB." Roll call vote was as follo~ss Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. The City Planner's Report to the City Council with respect ot Use Permit and Variance Requests considered on April 28, 1969 was the next matter of consideration by Council. CITY PLANNER'S REPORT: (CONTINUED) LETTER OF APPEAL FROM P.C. DENIAL OF CITY ATTORNEY'S REPORT CONCERNING CITY' S CONTRACT WITH CAESAR CALLAN HOMES, INC,: DISCUSSION CONCERNING PENALTY PROVISION'. EXPLANATION OF FIRE STATION SITE BY FIRE CHIEF: EXPLANATION OF PARK DEVELOPMENT: PARADISE VALLEY PARK MARTIN SCHOOL LANDSCAPE DEVELOPMENT - ADDITIONAL PAVING TO IMPROVE ENTRANCE: SooC There being no objections, Mayor Bertucelli ordered the Report accepted and placed on file. The next item was the communication dated April 29, 1969 from Caesar Callan Homes, Inc., appealing the decision of denial for Use Permit No. 116 for Planned Unit "C" at the northeasterly corner of Westhorough and Callan Blvds., in the Westhorough-West Park Unit No. 3 Planned Community District; this area is described as Parcel "B" in Ordinance No. 575 and is zoned P.C. Commercial hy the Planning Commission. Mayor Bertucelli stated that if there were no objections, a Public Hearing would be set for June 2, 1969 at 8:00 p.m. There being no objections, it was so ordered. The next item was the comz~unication dated April 22, 1969 from Mr. David Friedenberg, Attorney for the Westborough Homeonwners Improvement Association, concerning the City's contract with CaeSar Callan Homes, Inc. Accompanying was the Inter-Office Memorandum dated May 5, 1969 from the City Attorney concerning the subject matter. City Manager Thomas McKenzie commented that he had advised Mr. Friedenberg that his matter would be on this evening's agenda and that the City Attorney had a report to make in this regard. City Attorney Noonan in detail explained the development of the Westborough subdivision from the time that the unsuccessful annexation proceedings in Daly City had taken place with the eventual location as a County area and its later annexation to the City of South San Francisco. He then went on to explain to Council from his Memorandum of May 5, 1969, the matter of the agreement dated October 24, 1963 regarding park and recreation, fire station and public sites in Westborough and the obligations which this agreement required of the owners. Mr. Noonan then explained the events as they took place in 1966 with regard to the Planned Community Development, plans for West Park III and their processing with the City. Further detailed explanation was given by the City Attorney concerning the date for per- formance, the matter of the grading and improveme~ s of the various sites, stating that if the City were to have sought a remedy through a court action, compliance may not have been realized for some three years or better. However, the City Council, through its action of an agreement with the developers wherein the holdings were placed in escrow through various deeds of trust and which were released only upon the accomplishment of certain items hy the developer, secured the performance of the items which were in the agreement. Not only were these matters concluded, but in a much faster time than had the matter gone to a court action. Mr. Friedenberg, representing the Westborough Homeowners Improvement Association, commented, remarking that it was their feeling that the provisions of the agreement should have been enforced and the;$400,O00 penalty imposed. He recited the numerous delays occasioned hy the failure of the developer to comply, that the residents of the area were more than patient, awaiting the development of certain sites and requested to know when the residents could expect performance in their area. He stated time and again the residents were promise certain matters would be concluded but this did not take place. At the request of Mayor Bertucelli, Fire Chief Marchi explained the development of the fire station site, the plans as they had been developed to this point and the tentative completion date. Superintendent of Recreation and Parks Maxey, also at the request of Mayor Bertucelli, explained the development of the park site. Discussion then followed concerning the matter of usable area in the park; after which, there being nothing further, Mayor Bertucelli ordered the hearing closed. It was the recommendation of the City Attorney that no legal action be instituted inasmuch as compliance had been realized and that the courts, in his opinion, would not consider the $400,000 penalty due the City because of the failure to move some dirt which had been stock- piled on the future City sites. Councilman Ahern moved, seconded by Councilman Rocca that the opinion of the City Attorney he accepted. Brief d~scussion followed at which time Councilman Mammini asked if by taking this action, would the City be denying themselves of any future legal action against the developers for failure to perform in other matters. After discussion, Councilman Ahern stated that he would withdraw his motion if Councilman Rocca would withdraw his second. Councilman Rocca then withdrew his second, after which Councilman Ahern withdrew his motion. Mayor Bertucelli then ordered the report accepted and placed on file. The next item was the Inter-Office Memorandum dated April 23, 1969 from the Landscape Specialist advising of work completion by L. C. Smith Company in Paradise Valley Park - Martin School Landscape Development - Additional paving to improve entrance - and recom- mending payment of contract price. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Landscape Specialst be approved and accepted; Councilman Rocca abstaining. PARADISE VALLEY PARK MARTIN SCHOOL LANDSCAPE DEVELOPMENT - ADDITIONAL WORK TO IMPROVE ENTRANCE ~ COMPLETION OF 12" FIRE MAIN ON SO. AIRPORT BLVD. NOTICE OF COMPLETION REQUEST: MONTHLY REPORTS .' DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL: - /~ol REAPFOINTMENT OF MESSRS. F. D. MINUCCIANI AND MARLO CUTURFELLI TO HOUSING AUTHORITY: GOOD AND WELFARE: ADJOUi:N,~IENT: The Inter-Office Memorandum dated April 24, 1969 from the Landscape Specialist advising of work completion by A. & J. Shooter, Inc., and requesting authorization to file Notice of Completion for entrance - additional landscape work - Martin School Landscape Develop- ment - Paradise Valley Park - was the next matter for Council's consideration. Councilman Mammini moved, seconded by Councilman Rocca and regularly carried, that the recommendation of the Landscape Specialist be approved and accepted and the Notice of Completion filed. The next matter was the Inter-Office Memorandum dated April 18, 1969 from the Director of Public Works advising of completion of installation of the 12" fire main on South Airport Boulevard, and recom{uending acceptance and authorization to file Notice of Completion. Councilman Rocca moved, seconded by Councilman Manwnint and regularly carried, that the recommendation of the Director of Public Works be approved and accepted and the Notice of Completion filed. Monthly Reports were received from the following: Police Department - March 1969 City Clerk's Report - March 1969 Parking District No. 1 - March 1969 There being no objections, Mayor Bertucelli ordered the Reports accepted and placed on file. Department of Alcoholic Beverage Control: (a) Application for On Sale Beer & Wine Bona Fide Eating Place as filed by Clyde D. Brown, Jr., at 221 So. Spruce Avenue. (b) Application for On Sale Beer & Wine Bona Fide Eating Place as filed by Margarita B. Gonzalez at 102 Grand Avenue. (c) Application for On Sale Beer & Wine Bona Fide Eating Place as filed by Luigi's Spaghetti Shack, Inc., and Edward and Darlene Sweeney at 385 Grand Avenue. There being no objections, Mayor Bertucelli ordered the Reports placed on file. Mayor Bertucelli at this time offered for Council's confirmation the reappointment of Messrs F, Da~i:nucciani and Mario Cutrufelli to succeed themselves as members of the Housing Authority. Councilman Ahern moved, seconded by Councilman Steinkamp and regularly carried, that the appointments as recommended hy the Mayor he confirmed. There being nothing further, Mayor Bertucelli asked if any member of the City Council had anything they wished to offer under Good and Welfare. There being none, he then asked if any member of the audience had anything they wished to offer under Good and Welfare. Since no one replied to the Mayor's invitation to speak, Councilman Mammini moved, seconded hy Councilman Rocca and regularly carried, that the meeting be adjourned. Time of adjournment: 9:01 p.m. APPNOVED~ RESPECTFULLY SUBMITTED, ~ C~tt Clerk *The discussions contained herein are excerpts and not verbatim.