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HomeMy WebLinkAboutMinutes 1969-10-20127 RJCULAR Mh2TINC OF ~]'I~ CiTY COU;~CIL CiTY 'DF $OU~'I SAi'i FRANCISCO HELD MONDAY, OCTOBfR 20, 1969 PLAC~: CALL TO ORDER-' PL~DG£ OF ALLSGI/~C~ AND INVOCATION~ ROLL CALL: MINUT2S: CLAIMS, PARKING DISTRICT NO. 1 CLAIMSs 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 SEWI~R REVENUE BONDS SO. AIRPORT BLVD. ARF. A CLAIM, PUBLIC HEARING APPEAL FROM UP-126 (BOTIEFF APPLICATION), Council Chambers, Ci+.,~,' Hail. Thc meeting was called to order by Mayor Bertucelli at 8,00 ~.m. The fledge of All¢gianc~ to the Flag w{s recited after ~hich the Invocation was given by Reverend Calvin Herriot~ of Grace Covenant Church. Present: Absent: Councihnen Frank J. Bertucelll, Patrick S. Ahern, F. Frank Mannini, Andrew Rocca and ~¥arren Steinkamp. None Mayor Bertucelli asked if there was a motion approving the Minutes of the special meeting of September 26, 1969, special meeting of October 2, 1969 and regular meeting of October 6, 1969. Councilman Ahern moved, seconded by Councilman Rocca and regularly carried, that the Minutes of the special meeting of September 26, 1969, special meeting of October 2, 1969 and regular meeting of October 6, 1969, be approved as submitted. Mayor Bertucelli then asked if there was a motion approving the regular claims as submitted for payment. Councilman M~mmini moved, seconded by Councilman Rocca and regularly carried, that the regular claims, totaling $69,172.93, 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 Rocca and regularly carried, that the claims as submitted for Parking District No. 1, totaling $70.00, be approved for payment Cabot, Cabot & Forbes Industrial Park, Unit No. 1 Claim, Wilsey & Ham claim dated September 24, 1969 in the amount of $191.66 for engineering services on Street Light System Modifications. Councilman Rocca moved, seconded by Councilman Mammini and regularly carried, that the claim as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. l, be approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2 Claims icOuire & Hester claim dated september 26, 1969 in the amount of $87,022.67 for work performed during September, 1969. Councilman Mammini moved, seconded by Councilman Steinkamp 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 Claims McGuire & Hester claim dated September 26, 1969 in the amount of $87,022.67 for work performed during September, 1969. Councilman Rocca moved, seconded by Councilman N~mmini and regularly carried, that the claim as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2A, be approved for payment. 1969 Sewer Revenue Bonds - South Airport Boulevard Area Claims L. C. Smith Company claim dated September 30, 1969 in the amount of $14,412.29 for work performed through September, 1969. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the claim as submitted for 1969 Sewer Revenue Bonds - South Airport Boulevard Area, be approved for payment. Councilman Rocca abstained from voting. The next item was the continued Public Hearing on the appeal from Use Permit UP-126 of the South San Francisco Planning Commission conditionally approving an 18-unit dwelling group (cluster of 9 duplexes) terminus of Camaritas Avenue - Botieff Application. City Manager McKenzie stated that, at the direction of the City Council and after dis- cussion among all interested parties and hearing all of the testimony, his recommendation was that he be authorized to negotiate for the purchase of the Botieff property for a park site for the City in accordance with the General Plan and also that he be autho- rized to file an application for federal funds, 50~ from the Department of Urban Devel- opment, for this acquisition and also to contact the County of San Mateo for their possible contribution of 2§~ for this acquisition. 128 PUBLIC HEARING APPEAL FROM UP-126 (BOTIEFF APPLICATION) (CONTINUED) Councilman Ahem Yequested to know how long the open period woul& run to which City Manager McKenzie replied that it was a 60 days' maximum. Mr. Morgan of the law firm of Lyons and Morgan requested to know if the City were unable to purchase the property at the end of the 60-day period, if his client would be assured to proceed with the development as presented to the Planning Commission and City Council without first again appearing before the City Council. City Manager McKenzie replied to Councilman Ahern's inquiry concerning the receipt of a positive answer in 60 days by stating that under the open spaces grant, there is a procedure whereby the City makes the application and after two or three weeks after submission, receives a notice to proceed but it does not guarantee receipt of the requested monies. The City is then authorized to proceed with the acquisition with its own money and if the project is approved, the City will receive federal participation. Mr. Morgan stated that his client will make a complete accounting of all of the monies they have invested in this project. Mayor Bertucelli referred the matter to the City Manager to work out the details for the acquisition of the land. Discussion followed concerning the amount of monies involved in the sale of the property. RESOLUTION NO. 5192 AUTHORIZING COMPROMISE SETTLEMEN OF LITIGATION & DIRECTING PAYMENT OF FEES - PERSON & SWANSON INDUSTRIAL TRACTs RESOLUTION AMENDING RESO. NO. 3486 PERSONNEL RULES AND REGULATIONS s .~-/o ~ Councilman Steinkamp moved that the City Manager be authorized to proceed with the matter as outlined. Councilman Rocca seconded the motion. Mr. Morgan again requested to know if his client sould proceed with his development should the City not buy the property. City Manager McKenzie stated that an answer would be known in 60 days. Roll call vote was as followss Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem, F. Frank Mammint, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. The next item was the communication dated October 9, 1969 from the law firm of Wilson, Jones, Morton & Lynch recommending Council's approval of a compromise settlement of the Blume litigation from the Person and Swanson Industrial Tract Assessment District. After:an explanation by City Attorney Noonan that all of the attorneys involved in the case were in agreement and the monies would be paid from the district, Councilman Steinkamp introduced the resolution entitled~ "A RESOLUTION AUTHORIZING COMPROMISE SETTLEMENT OF LITIGATION AND DIRECTING PAYMENT OF FEES AND COSTS WITH RELATION THERETO PERSON AND SWANSON INDUSTRIAL TRACT." Roll call vote was as followss Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained the second resolution concerning an amendment to the Personnel Rules and Regulations and which would become effective upon the effective date of the ordinance listed on this evening's agenda. The proposed changes were con- cerned with changes in classifications for the examination and the permitting the holding of oral examination, namely Sections 7.02 and 13.02 of the Personnel Rules and Regulations. Mayor Bertucelli at this time read his statement, a copy of which is on file and by reference is herewith made a part of these Minutes. Councilman Mammini stated that he also had a statement to make and requested permission to proceed. Councilman Mammini read his statement, a copy of which is on file and by reference is herewith made a part of these Minutes. Councilman Ahern at this time stated that the motion had been suggested to table the resolution amending the Personnel RUles and Regulations and to proceed under the present ordinance and he so moved. Councilman Ahem at this time read a statement, a copy of which is on file and by reference is herewith made a part of these Minutes. Councilman Mammini remarked that this matter could be debated on the merited change and requested the City Attorney to further explain. City Attorney Noonan explained that in Section 13.02, the words "may instruct" the Personnel Board after Council desires an open examination and stated that it is diffi- cult to make a true interpretation. He commented that Section 7.02 would be amended to say "when the appointed authority so instructs, the Personnel Board shall then conduct such an examination." City Attorney Noonan further stated that the two changes were to hold an oral examination and determination of the requirements for the candidates. Officer Raymond McKeon, President of the South San Francisco Police Association, read two communications addressed to the City Council dated October 10, 1969 and October 17, 1969. Mr. McKeon remarked that his association was not entirely opposed to all of the recom- mendations but insisted upon a closed examination for the office of Chief of Police, and requested Council not to table the amendment and that the closed examination be given the first time and if ~ succeg~ful candidate was not chosen, then an open examination be held. In response to Mayor Bertucelli's request to read the communications received concerning the subject matter, 6ity Clerk Arthur Rodondi read the following communicationss RESOLUTION AI~ENDING RESO. NO. 34868 (CONTINUED) Communication dated September 24, 1969 from Reverend Robert F. Clazte of St. Paul's United Methodist Church; communication dated September 24, 1969 from Mr. Robert L. Peterson, President of the South San Francisco Municipal Employees Association; com- munication dated September 25, 1969 from Reverend R. Eugene Linemen, Senior Minister of the Hillside Church of God; communication dated September 26, 1969 from Mr. Alvaro Bettucchi, Principal of the South San Francisco Adult Education, South San Francisco Unified School District; communication dated September 29, 1969 from Judge F. J. deLarios, ~unicipal Court, Northern Judicial District of San t~ateo County; communication dated October 17, 1969 from Mr. and Mrs. Peter Markowski, 313 Alta Mesa Drive; communication dated October 20, 1969 from Mr. Frank Gtllts, Business Representative of Council 57, AFSCM. E, AFL-CIO. Mr. Frank 6illts, Business Representative of Council 57, AFSC~IE, APL-CIO, stated that he appreciated the motion and second to table the resolution. Att his time he read Section 3504.5 of the Government Code and protested that this was not a proper meeting to discuss any changes in the Personnel Rules and Regulations. Councilman ~ammtnt stated that he felt Subparagraph 13.02 does give Council the right to an open meeting. City Attorney Noonan stated that the Council has the right to instruct the Personnel Board. Discussion followed concerning the changes in the word "instruct;'' the requirements of the examination; and oral.examination. Ctty Attorney Noona~ in detail, explained the meaning of the two proposed amendments to the Personnel Rules and Regulations and the function of the Personnel Board to carry out Council's intentions. He commented if Council desires to table the resolution, the motion tabling its two changes would be valid. Councilman Ahem stated that Council had no right to move until the voice of the people and the organizations were heard. Councilman t4ammini remarked that an open examination could be held based on Subparagraph 13.02 without a change in the ordinance. City Attorney Noonan commented on Section 3504.05 and stated that a notice had been given and interested organizations had indicated their desires to proceed and stated that Mr. Gtllts did not represent the Police Department and felt the prov/sions of Section 3504.05 had been met. Further discussion followed among the City Attorney, ~r. Gillis and Councilman Rocca concerning the validity of the hearing and the decision that this meeting had been held in a proper manner in mutuality with the employee organizations with their consent and approval. Councilman k~mmini asked Councilman Ahem if he had withdrawn his motion to which Council- man Ahern replied that his motion was still on the floor that the resolution be tabled and Council would proceed on the Personnel Rules and Regulations as they now exist. Councilman ~mmini remarked that no one was suggesting changes and that within the ordinance, Council does have the right to go within or without as far as changes were concerned. Mayor Bertucelli seconded Councilman Ahern's motion. Mr. Walter McNamara, Chairman of the Personnel Board, explained in detail the procedure whereby the Personnel Board considers any changes to the Personnel Rules and Regulations and felt this matter was being improperly heard. /~r~.Thomas ~oore, Past President of the Municipal Employees Association and present Chair- man of the Grievance Committee of the organization, spoke concerning the attitude of the organization, recommending the Council first hold a closed exantinatton for the office of Chief of Police. He briefly outlined the reasons for this recommendation. He further commented on the need for a Civil Service Commission that would be free from~.n..poltttcal pressure and that an oral examination was already a part of the testing procedure. Mr. Moore again requested of Council not to consider anyone outside the City's Police Depart- ment, stating that he felt it was an tnsul.t to other City employees. Sergeant Gus Nocol~p~.lOs~ at this time ~e~d the statement, a copy of which is on file and by reference is herewith made a part of these t~inutes. Reverend Carl Curtwright, resident of South San Francisco, spoke of the high quality of The South San Francisco Police Department end said he had been told by former Police Chief Fabbrt that four men in his department were capable of stepping into the vacancy. He requested of Council to consider a closed examination and if no one qualified, then the City Council could look elsewhere. Mr. James ~eidl, employee of the City, briefly spoke about the major revisions ~ the Personnel Rules and Regulations which had taken place ten years ago which gave the Person- nel Board power and took it out ~h~_e._~he "spoils system" and opposed any changes to the rules and regulations. Mr. William Borba, Member of the Chamber of Commerce, spoke on the appointment of Chief Fabbri in 1960 From within the ranks and praised former Chief Fabbri for his work in making the South San Francisco Police Department one of the finest in the nation. He urged Council to consider a closed examination. dr. Joseph Powers, President of the Serra Highlands Improvement Association, spoke regarding an informal poll of his neighborhood which resulted in the residents' request for Council to consider only a closed examination. RESOLUTION A~ENDING PESO. NO. 3486 (CONTINUED) PECESS l RECALL TO ORDER~ RESOLUTI. ON NO. 5193 AUTHORIZING ATTORNEY GENERAL TO CONDUCT LEGAL PROCEEDINGS ~ RESOLUTION NO. 5194 ~NDING TOM SAUER~ I~SOLUTION NO. 5195 PERNITTING SUBLETTING OR SUBCONTRACTING OF WOPd( NUNICIPAL SWIPING POOL~ oog Mr. John J. Petrovitz, 443 Gardenside Avenue, spoke as a resident and parent concerned with the continued high standard of the South San Francisco Police Department and quested of Council to consider a closed examination for personnel living within the community and who understands the problems of the community. Ur. Walter McNamara again spoke on the present rules and regulations, requesting to know why changes were necessary when he felt it was redundant to change what was already present. He urged Council to table the resolution, stating that he had a meeting with the City Council only onOctober 2, 1969 and requested Council to drop the matter and suggested more study be made. Further discussion followed concerning Council's consideration in the Executive Personnel Session on the conflict in the Personnel Rules and Regulations to which City Manager McKenzte replied that he had proceeded under Council's intention and the City Attorney had prepared the resolution for Council's action. Mrs. Lorraine Cooper, Member of the South San Francisco Unified School District Board of Trustees and speaking as a resident, questioned Council's action without violating the Brown Act. City Manager McKenzie explained the Executive Personnel Session and discussions held. City Attorney Noonan further explained the notice given and the procedure and reasons for the proposed amendment to the Personnel Rules and Regulations. Mayor Bertucelli declared the recess at 9~45 .p.m. The meeting was recalled to order by Mayor Bertucelli at 10=00 p.m. Mr. Raymond McKeon again presented his organization's recommendation for a closed examination. Discussion followed concerning the number of qualified personnel eligible to take a closed examination. Councilman Rocca at this time remarked that Council had been elected by the people of South San Francisco and the Commissioners are not elected but appointed by Council and it is the responsibility of the City Council to choose the Chief of Police and to decide what type of examination should be held. The Personnel Board should hold the examination, pass on its findings to the City Council who, in turn, make the decision. At this time Mayor Bertucelli stated that Coundil had before them a motion to table the resolution and requested a roll call vote.' In answer to Councilman Mammini's question when tabling the resolution, if the ordinance remains as it is, City Attorney Noonan stated that the action leaves the rules and regu- lations as they are. Roll call vote was as follows~ Ayes,' Councilmen Frank J. Bertucellt, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. Discussion followed regarding the motion concerning Section 13.02 and Council's authority to decide upon an open or closed examination. Councilman Mammini moved, seconded by Councilman Rocca that the City move per Section 13.02 of the Personnel Rules and Regulations Discussion followed after which Mr. George Coulter, 1212 Crestwood Drive, Member of the Recreation and Parks Commission, spoke, urging Council to hold a closed examination. After an explanation by City Attorney Noonan concerning the determination of Countil to instruct the Personnel Board to hold an open examination, roll call vote was taken. Roll call vote was as followsl Ayes, Councilmen F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, Councilmen Frank J. Bertucelli and Patrick E. Ahem. Absent, none. City Attorney Noonan explained the next resolution which authorized theAttorney General to take action in a Civil Antitrust Suit for damages against certain automobile manufacture] after which Councilman Ahem introduced the resolution entitled= "A EBSOLUTION AUTHO- RIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS." Roll call vote was as follows= Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained the next resolution which had been prepared commending Mr. Tom Sauer, Executive Director of the South San Francisco Boys' Club, after which Councilman Mammini introduced the resolution entitledl "A RESOLUTION COMMENDING TOM SAUEk.' Roll call vote was as followss Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan stated that the next two resolutions do not appear on the evening's agenda but were related to item 6 under Reports. He further stated that after study, in his opinion, City Council is authorized under Government Code, Section 4109 to consent and proceed with the swimmiag pool project and this resolution was ready for introduction, Councilman Stetnkamp remarked that it would be his pleasure to introduce the resolution, in accordance with the City Attorney's outlines, entitled~ "A RESOLUTION PE~ITTING SUB- LETTING OR SUBCONTf~ACTING OF WO2K AND RECITING FINDINGS CONSTITUTING THE NECESSITY THERE- FO~ IN ACCOt~DANCE WlTHGC)VEt~NMENT CODE SECTION 4109 ~4100)-~4113),MUNICI~AL'SWlMMING::POOL 13J ItESOLUTION NO. 5195: (CONTINUED) RESOLUTION NO. 5196 PEI~I TTING SUBLETTING Olt SUBCONTP, ACTING OF WOP. K WESTBOROUGI4 PAf~K: ORDINANCE A~NDING OAD. NO. 449: FINAL ACCEPTANCE OF CALLAN & WESTBOhOU(~ BOVDS. INTERSECTION IMPhOVEI~.NTS: © REVOCABLE PF. qNI T PYhANID VAN LINES, INC. CITY PLANNEr'S ttEFOftT: TERMINATION AC. IE~T FOtt ALLERTON AVE. CROSSING #E-IO.7-C: Mr. John J. O'Leary, Peninsula Registry Service, at this time spoke in opposition, dating that if the City were to proceed with the construction of the swimming pool, all subcontracting listing laws would be in jeopardy. He remarked that this construction was not a necessity to which Councilman Steinkamp replied that it was and that the City had been waiting ten years for its completion. Mr. O'Leary again stated that the bids sub- mitted were not legal bids since they did not submit subcontractors' lists and remarked that Section 4109 is not a clear cut example of necessity or emergency. City Attorney Noonan at this time apologized for not getting in touch with Mr. O'Leary and stated, after reading the contents of Government Code Section 4109, he opinioned that this section does permit this subletting. He further explained, in detail, the responsibilities of the prime contractor when submitting h~ bid and cited silimar court cases in this regard. He further explained the guarantees which do ~l-e~'~i for the subcontractor in signing with a prime contractor and the ultimate purpose of the law is to protect the public body and to provide the best benefit for the people. Lengthy discussion followed between Mr. O'Leary and City Attorney Noonan concerning the illegality of not submitting a subcontractor*s list with the bid under Government Code Section 4109 and violation of the Business and Professionals Code. Mr. Jehn.::: Marsh, President of John Marsh Company, stated that it was their normal procedure to submit a list of subcontractors and only in the case of highway and bridge work is this not a requirement. Further discussion followed concerning the oversight of the architect in not requesting the lists of subcontractors in the bids and the conclusion that there was no resulting damage to the projects or to the firm, during which City Attorney Noonan stated that two good bids were received and, in protection of the Cityes interests, contracts were awarded and the projects were to be completed by Spring. Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank M~amini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution gives the similar consent to the Westborough Park after which Councilman Rocca introduced the resolution entitled: "A RESOLUTION PF-AMITTING SUBLETTING Oh SUBCONThACTING OF WOIiK AND hECITING FINDINGS CONSTITUTING THE NECESSITY THEhEFOh IN ACCOADANCE WITH GOVEANMENT CODE SECTION 4109 (4100 - 4113) WESTBOhOUGH PAft(." boll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Patrick E. Ahern, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. The next item to be considered was the ordinance entitled: "AN ORDINANCE AMENDING OI~DINANCE NO. 449, AS ANENDED." Since this matter waS related to the tabled resolution concerning the amendment to the Personnel Rules and ~egulations, no action was taken by the City Council. The next item was the Inter-Office Memorandum dated September 3, 1969 from the Director of Public Works recommending final acc~q~tance of Callan and Westborough Boulevards Intersection Improvements and accompanied by the following communications: (a) Communication dated September 2, 1969 from Gene Neville, Project Engineer for Theodore V. Tronoff, Civil Engineers. (b) Communication dated September 2, 1969 from Theodore V. Tronoff, Civil Engineer, forwarding HOURLY C3~AhGES. (c) Inter-Office Memorandum dated August 26, 1969 from A1Dellepiane, Public Works Inspector. (d) Communication dated August 21, 1969 from Gene Neville, Project Engineer for Theodore V. Tronoff, Civil Engineers. (e) Communication dated August 18, 1969 from The Lowrie Paving Co., Inc., forwarding DIARY OF WO~. (f) Communication dated August 19, 1969 from Gribaldo, Jones and Associates, Soils Engineers, submitting SUNNARY OF LABOP, ATO~Y CONPACTION TESTS DATA. (Continued from the meeting of October 6, 1969) At the request of the City Manager and there being no objections, Mayor Bertucelli so ordered the item continued. City Manager McKenzie replied to Mr. David Friedenberg's, attorney for the Westborough Homeowners Improvement Association, inquiry by stating that he would inform Mr. Friedenberg when the matter is to be considered. The next item was the matter of the revocable permit for use of a parcel of property owned by the City of South San Francisco to the Pyramid Van Lines, Inc. At the request of City Manager McKenzie to continue the matter pending receipt of further information and there being no objections, Mayor Bertucelli so ordered. The City Planner's Report to the City Council with respect to Use and Variance Requests considered on October 14, 1969 was the next matter for Council's consideration. There being no objections, Mayor Bertucelli ordered the Report accepted and placed on file. The next item was the Inter-Office Memorandum dated October 8, 1969 fromthe Director of Public Works recommending the execution of the Termination Agreement for Allerton Avenue Crossing #E-IO.7-C. Councilman Stetnkamp moved, seconded by Councilman Rocca and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. AGREEMENT FOR CUSTODY OF JUVENILES - COUNTY OF SAN MATB~ s TIME EXTENSION REd, JEST AGI~EMENT WEST PA~ 2A~ ADOPTION OF FIRE PhEVENTION CODEs CHANGE ORDF..h NO. 1 C.C. & F. UNIT NO. 2= PUBLIC ADDRESS SYSTF~ POE COUNCIL MONTHLY REPORTS DEPART~.NT OF ALCOHOLIC BEVERAGE CONTIiOL s The next item was the Inter-Office Memorandum dated October 7, 1969 from Police Chief Fabbri recommending execution of an Agreement with the County of San Mateo for a tem- porary period for the custody of juveniles. City Manager McKenzie stated that an additional paragraph was to be added at the sug- gestion of the City Attorney which would indemnify and hold the City harmless from all actions and suits. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the Agreement for Custody of Juveniles be executed, with the addition of the said para- graph indemnifying and holding the City of South San Francisco harmless. The next matter was the Inter-Office Memorandum dated September 22, 1969 from the City Attorney regarding a time extension request to allow the submittal of final detailed plans, spectf~:~and construction drawings for West Park 2A. Accompan~i,ng was the cor. munication dated September 19, 1969 from Mr. Henry L. Richman, Vice President of J. H. Snyder Company, requesting the time extension in accOrdance with Common,. Green Agreement between the City of South San Francisco and Beverly-Glenwood Corp., dated August 4, 1969. Mr. Bruce Rosengren, President of the West Park Homeowners Association, requested to know the reason for the delay and commented on the delays of the Westborough-Callan Boulevards intersection and the Common Greens. City Attorney Noonan stated that this extension of time was requested by the developer after which Mr. Rosengren stated that a diary of the work performance was being kept by the West Park Homeowners Association. Councilman Ahem moved, seconded by Councilman Mammini and regularly carried, that the time for performance stated as September 2, 1969, in the agreement "Subdivision Improve- ments and Common Greens for West Park Unit 2A# dated August 4, 1959, in Paragraph 2, line 6 of Supplement 1 thereof, be extended to October 1, 1969, and the time for per- form'ance stated in Paragraph 3, line 4 of Supplement 1 of said agreement, be extended to October 30, 1969. The Inter-Office Memoradum dated June 23, 1969 from Fire Inspector Williem A. Fox recom- mending adoption of Fire Prevention Code, 1965 Edition, as recommended by the American Insurance Association, was the next item for Council's attention. Councilman Rocca moved, seconded by Councilman Mammini and regularly carried, that this matter be referred to the office of the City Attorney for the drafting of the necessary documents to adopt the Fire Prevention Code. The next item was the Inter-Office Memorandum dated October 1, 1969 from the Director of Public Works recommending approval of Change Order No. 1 for Cabot, Cabot & Forbes Industrial Park, Unit No. 2 and recommending that the grading of the borrow site be approved and added to the grading permit for the project. Councilman Ahem moved, seconded by Councilman Steinkamp and regularly carried, that the recommendations of the Director of Public Works be approved and accepted. The next matter concerned the contracts for the Municipal Swimming Pool and the Westborough Park. Since these items were concluded under Resolutions, no further Council action was necessary. The next matter was the Inter-Office Memorandum dated October 10, 1969 from Assistant City Manager Laurence L. Ross concerning the air conditioning system proposal for Council Chambers and the Conference Room. City Manager Mcxenzte stated that the Council Chambers could be air conditioned for approximately $7,000 and that if the Conference Room were included, the cost would be approximately $9,000, with the engineering specifications for the air conditioning acquired from a mechanical engineer. Councilman Ahem moved, seconded by Councilman Rocca and regularly carried, that the City Manager be authorized to proceed in this matter and a mechanical engineer be hired to prepare the specfications for the work. City Manager McKenzie stated that a new public address system might be appropriate at this time for the Council Chambers and could be obtained from the County Communications Department. Councilman Ahem moved, seconded by Councilman Rocca and regula~ty carried, that a new public address system be obtained from the County Communications Department and that the necessary funds be transferred from the Contingency Fund No. 910 to Central Services No. 190-22 to cover the expenditure. Monthly Reports were received from the following= Police Department - August 1969 Building Department - September 1969 Fire Department - September 1969 There being no objections, Mayor Bertucelli ordered the Reports accepted and placed on file. Department of Alcoholic Beverage Control= (a) Application as filed by JoAnn L. Smith and Donald W. WoOten for Retail on Sale Beer at 220 Lux Avenue. (b) Application as filed by Bonanza International Development Company for Retail on Sale iccompan~i.ng was the communication dated September 19, 1969 from Mr. Henry L. Richman, Vice President of J. H. Snyder Company, requesting the time extension in accordance with Con~nonL Green Agreement between the City of South San Francisco and Beverly-Glenwood Corp dated August 4, 1969. Mr. Bruce Rosengren, President of the West Park Homeowners Association, requested to know the reason for the delay and commented on the delays of the Westborough-Callan Boulevards intersection and the Common Greens. City Attorney Noonan stated that this extension of time was requested by the developer after which Mr. Rosengren stated that a diary of the work performance was being kept by the West Park Homeowners Association. Councilman Ahem moved, seconded by Councilman aammini and regularly carried, that the time for performance stated as September 2, 1969, in the agreement "Subdivision Improve- ments and Common Greens for West Park Unit 2A# dated August 4, 1969, in Paragraph 2, line 6 of Supplement 1 thereof, be extended to October 1, 1969, and the time for per- fore,rice stated in Paragraph 3, line 4 of Supplement 1 of said agreement, be extended to October 30, 1969. ADOPTION OF FIRE PREVENTION CODEs The Inter-Office Memoradum dated June 23, 1969 from Fire Inspector William A. Fox recom- mending adoption of Fire Prevention Code, 1965 Edition, as recommended by the American Insurance Association~ was the next item for Council's attention. Councilman Rocca moved, seconded by Councilman ~ammini and regularly carried, that this matter be referred to the office of the City Attorney for the drafting of the necessary documents to adopt the Fire Prevention Code. CHANGE ORDEh NO. 1 C.C. & F. UNIT NO. 2s The next item was the Inter-Office Memorandum dated October 1, 1969 from the Director of Public Works recommending approval of Change Order No. 1 for Cabot, Cabot & Forbes Indust= Park, Unit No. 2 and recommending that the grading of the borrow site be approved and add~ to the grading permit for the project. CONTRACTS FOR SWINGING POOL AND WESTBOkOUGH PAi~K s ~ ~ITIONING SYST~ P~O~S~ ~ ~UNCIL CH~B~ ~ b Councilman Ahem moved, seconded by Councilman Steinkamp and regularly carried, that the recommendations of the Director of Public Works be approved and accepted. The next matter concerned the contracts for the ~unicipal Swim~ing Pool and the Westborou~ Park. Since these items were concluded under Resolutions, no further Council action was necessa3 The next matter was the Inter-Office Memorandum dated October 10, 1969 from Assistant Cit~ Manager Laurence L. Ross concerning the air conditioning system proposal for Council Chambers and the Conference Room. City Manager McKenzie stated that the Council Chambers could be air conditioned for approximately $?,000 and that if the Conference Room were included, the cost would be approximately $9,000, with the engineering specifications for the air conditioning acquired from a mechanical engineer. Councilman Ahem moved, seconded by Councilman Rocca and regularly carried, that the City Manager be authorized to proceed in this matter and a mechanical engineer be hired to prepare the specfications for the work. PUBLIC ADDRESS SYSTEN FOR COUNCIL CHAMI3E~Ss MONTHLY REPOkTS, City ~anager McKenzie stated that a new public address system might be appropriate at this time for the Council Chambers and could be obtained from the County Communications Department. Councilman Ahem moved, seconded by Councilman Rocca and regula~y carried, that a new public address system be obtained from the County Communications Department and that the necessary funds be transferred from the Contingency Fund No. 910 to Central Services No. 190-22 to cover the expenditure. Monthly Reports were received from the followings Police Department - August 1969 Building Department - September 1969 Fire Department - September 1969 There being no objections, ~ayor Bertucelli ordered the Reports accepted and placed on fil DEPAR~T OF ALCOHOLIC BEVERAGE CONTROL~ .y/5ol Department of Alcoholic Beverage Controls (a) Application as filed by JoAnn L. Smith and Donald W. WoGten for ~etail on Sale Beer at 220 Lux Avenue. ~' (b) Application as filed by Bonanza International Development Company for Retail on Sale Beer & Wine Bona Fide Public Eating Place at 221 So. Spruce Avenue. There being no objections, ~ayor Bertucelli ordered the Reports placed on file. 131 DISCUSSION CONCE~I NG INVITATION OF EL CANINO HIG~SCHOOL BAND TO PLAY IN G~Y AND RUSSIA.' Mr. Ron Acosta, 433 Newman D~ive, representing the Parent Booster Organization of E1Camtno High School, spoke in behalf of the 35 to 40 music students who were invited to perfo~ in Gez~any and explained the problems of funding their trip. This group has also been invited to extend their trip to perform in Russia. ~. Acosta requested Council's support in their County-wide activi~ es to raise money for the transportation. Councilmen Namn~ni and Steinkamp praised the music students and the encouragement to be given to them for the~.r contribution to the City of South San Francisco. Brief d~scussion followed concerning the legality of fund participation at which time City Manager McKenzie stated that he would study the matter and would report back to the City Council. Councilman Na~nt moved, seconded by Councilman Stetnkamp that Council would consider such participation upon receipt of the report. Discussion followed concerning the legality of City's contribution to such a fund and the motion was exp~e~ robe only Council's consideration of the report and not the expenditure of monies. Roll call vote was as follows, Ayes, Councilmen Frank J. Bertucellt, Patrick E. Ahem, F. Frank Mammini, Andrew Rocca and Warren Steinkamp. Noes, none. Absent, none. Mr. James Baker, 359 Gardenside Avenue, spoke in behalf of the music students from El Camino Highschool and that this ~nv~ia_~99.was the first ever received by the South San Francisco Unified School District from a foreign government and requested City Council's support. GOOD AND WELFARE, There being nothing further, Mayor Bertucelli asked if any member of the City Council had anything they wished to offer under Good and Welfare. STATEMENT (i~:OON CERN I NG PARK LAND~ RAPID Tf~ANSIT MEETING, Councilman Steinkarap at this time remarked about the Botieff applicat~n and the City's pursuing the possible acquisition of the land for park purposes. Mayor Bertucelli invited anyone interested to attend a meeting og October 22, 1969 at 10,00 a.m. at the San Francisco International Airport Conference Room for the discussion of Rapid Transit through South San Francisco to the Airport. Mayor Bertucelli at this time asked if anyone present in the audience had anything they wished to offer under Good and Welfare. STATEMENT CONCEDING City Manager McKenzie at this time commented on the matter of the reconmendation of the COUNTY PARTICIPATION IN County Engineer for County participation in the amount of $142,000 in the construction CONST~CTION -/AIrPOrT BLVD, of Airport Boulevard. Discussion followed concerning the participation of Federal, State and County for road ~d ~ ~ improvements and the beautification of the projects. STREET DESIGNATION REQUEST= Mr. William Sorba, Member of the Chamber of Commerce, requested a clearer street identification from the off-ramp of the freeway. Mayor Bertucelli stated that this was approved by the State of California. City Manager remarked that he would check further into the matter and report to Council. WESTBOROUGH BLVD. ~ City Manager McKenzie stated that the City presently was advertising for bids on the upper portion of Westborough Boulevard and expected to have bids at the next Council meeting. ADJOURNMENT s There being nothing further, Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the meeting be adjourned. Time of adjournments 11,30 p.m. APPI~OVED s ~ Mayor RESPECTFULLY SUBMITTED, *The discussions contained herein are excerpts and not verbatim.