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HomeMy WebLinkAboutMinutes 1970-06-15REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD ~ONDAY, JUNE 15, 1970 TIME: CALL TO ORDER: PLEDGE OF ALLEGIANC~ AND INVOCATION: ROLL CALL: APPROVAL OF MINUTES: CLAIMS: PARKING DISTRICT NO. 1 CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. ~ CLAIMS: CABOT, CABOT & FORBES INDUSTRIAL PABK, UNIT NO. 2A CLAIMS: SO. N~PLE AVE. - S~ CANAL ST. RELIEF RUN~ & STORM DRAINAGE ASSESSMENT DIST. CLAIMS: 8:00 p.m. Council Chambers, City Hall. The meeting was called to order by Mayor Ahem at 8~01 p.m. The Pledge of Allegiance to the Flag was recited and in the absence of Reverend Carl ~rickson of the Brentwood Orthodox Presbyterian Church, no Invocatic~m~was given. Present: Councilmen Patrick E. Ahem, Frank 3. Bertucel!i, William A. Borba, F. Frank Mammini and Warren Steinkamp. Absent: None Mayor Ahem asked if there was a motion approving the Minutes of the regular meeting of June 1, 1970. Councilman Bertucelli moved, seconded by Councilman Borba and regularly carried, that the Minutes of the regular meeting of June 1, 1970 be approved as submitted. Mayor Ahem then asked if there was a motion approving the regular claims as submitted for payment. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried, that the regular claims, totaling $184,224.30, be approved for payment. Mayor Ahem asked if there was a motion approving the claims for Parking District No. 1 as submitted for pa~nent. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the claims as submitted for Parking District No. 1, in the amount of $1,743.75, be approved for payment. Cabot, Cabot & Forbes Industrial Park, Unit No. 2 Claims: (a) California Water Service Company claim in the ~mount of $32.48 covering water service from April 2~, 1970 to ~ay 25, 1970. (b) California Water Service Company claim dated May 2!, !970 in the amount of $3,671.65 for the installation of !7 Greenberg fire hydrants. (c) Wilsey & Ham claim dated May 22, 1970 covering Invoices Nos. 7707, 7708 and 7709, totaling $3,035.~2, for 2ngineering Services through April 30, 1970. (d) McGuire and Hester claim dated May 27, 1970 in the amount of $16,165.59 covering work performed. (e) Carlisle Company claim dated June 5, 1970 in the amount of $3~6.54 for printing of Bond and Coupon F~le Books - Series 68 - (Fourth Sale). Councilman Bertucelli moved, seconded by Councilman Mammini 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) California Water Service Company claim in the amount of $32.48 covering water service from April ~4, 1970 to May 25, 1970. (b) California Water Service Company claim dated May 21, 1970 in the amount of $3,671.64 for the installation of 17 Greenberg fire hydrants. (c) Wilsey & Ham claim dated ~ay 22, 1970 covering Invoices Nos. 7707, 7708 and 7709, totaling $3,03~.43, for Engineering Services through April 30, 1970. (d) McGuire and Hester claim dated May 27, 1970 in the amount of $16,165.58 covering work performed. (e) Carlisle Company claim dated June 5, 1970 in the amount of $343.98 for printing of Bond and Coupon File Books - Series 70 - (Fourth Sale). Councilman Mammint moved, seconded by Councilman Bertucelli and regularly carried, that the claims as submitted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2A, be approved for payment. So. Maple Ave.-So. Canal St. Relief Pump & Storm Drainaqe Assessment District Claims: (a) ~nterprise-Journal claim dated May 18, 1970 in the amount of $136.00 for Legal Advertising - Notice tO Bidders. (b) £nterprtse-Journal claim dated May 22, 1970 ~n the amount of $76.50 for Legal Advertising - Notice of Improvement. SO. NY, PLE AVE. - SO, CANAL ST. RELIEF PUMP 8- $TORM DRAINAGE ~er~o ~ Aoo,ooMENT DIST. CLAIMS, ( CONT. ) I~ROVE~NT OF 12 MILE CRE~ ASSESSM~T DISTRICT CLAIM: PUBLIC HEARING UNDERGROUND UTIL ITT DISTRICT NO. 2, PHAS£ PUBLIC HEARING ROTARY PLAZA ANN~XATION: PUBLIC HEARING IMPRCVFJ~ENT OF 12 MILE CR2EK ASSESS~ENT DISTRICT: So. ~ap!e Ave.-So. Cana! St. Relief Pump & Storm Drainage Assessment District Claims: (Cot Councilman Steinkamp moved, seconded by Councilman Borba and regularly carried, that the claims as submitted for South Maple Avenue-South Canal Street Relief Pump and Storm Drainage Assessment District, be approved for payment. Improvement of 12 Mile Creek Assessment District Claim: interprise-Journal claim dated May 22, 1970 in the amount of $80.75 for Legal Advertising - Notice of Improvement. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the claim as submitted for Improvement of 12 Mile Creek Assessment District, be approved for payment. The next item was the Public Hearing - Underground Utility District No. 2 Phase B-1 Underground Installation of Wires and Facilities. Mayor Ahern declared the Public Hearing opened, askin9 if any written protests had been received to which City Clerk Rodondi replied that none had been received by his office. Councilman Stetnkamp ~inted out that this area was from Second Street to Arroyo Drive on ~1Camino Real. In answer to Councilman Mammini's request for an explanation of the funding of this project~ Director of Public Works Louis Goss explained how Pacific Gas and £1ectric Company's funds were allocated to various cities for such undergroundings. Mayor Ahem then asked if anyone present in the audience wished to offer any protests. A representative from Kaiser Foundation Hospital was present and expressed his saris= faction of the Director of Public Works' explanation after ~hich Mayor Ahern declared the Public Hearing closed. The next matter for Council's attention was the Public Hearing on the Rotary Plaza Annexation. Mayor Ahem declared the Public Hearing opened, asking if any written protests had been received to which C~ty Clerk Rodondi repIied that none had been received. City Attorney Noonan explained where the Rotary Plaza parcel was located and that the Rotary Plaza organization's intention was to fund and construct this faciIity for e!derIy peopie. Director of Public Works Goss explained that the area contained 3.1 acres of land and would consist of 181 housing units. Mayor Ahem stated that this was a joint project between Rotary Club and the Carpenters' Union and would be a non-profit organization. ~ayor Ahem asked if anyone present wished to offer an oral protest. There being none, he declared the Public Hearing closed. The next item was the Public Hearing on the Improvement of !2 ~i!e Creek Assessment District Mayor Ahem declared the Public Hearing opened, asking if any written protests had been received to which City Clerk Arthur Rodondi replied that letters of protests ha~ been received from Southern Pacific Transportation Company dated June 3, !970; fro~ San Francisco Water Department dated June ~, 1970; and from Lindsey & C~ ....... ~ dated June 1~, 1970. Mayor Ahem asked if anyone present in the audience wished to offer an ora! protest. ~r. Kenneth I. Jones, Bond Counsel from the firm of ~tlson, Jones, Morton & Lynch, at this time made the following comments: "There are a couple of technical matters to be taken care of before the hearing is closed on this project. The matter is being conducted pursuant to the Investigation Act of 1931. That law requires the written report that Goss has prepared be summarized in the course of the hearing and having that before me, I would like to summarize it briefly for the purpose of satisfying that legal requirement. "The report first describes the general nature of the proposed improvement and I think the Council is familiar with it - contemplates the installation of a closed conduit in the lower portion of the Colma Creek Drainage Channel - 12 Mile Creek Drainage Channel. The latter part of the improvement contemplates the line and redirected rainage channel. All of which are shown on the plans and specifications for the project. The total estimated cost of the project is set forth in the engiheer's figures, the portion of the project which is proposed to go to this Special Assessment District is $148,607.80, the City's share which is in addition to the assessment district's portion is $87,669.50. There is also a substantial contribution to the over-all project from the County. "The third element of the report is the assessed valuation of each parcel of land in the district, the total of those figures is $315,010.00 the assessed value. The assessed value of the improvements of each parcel is separately shown on the report. The estimated value, so-called "true value," is set forth in the statutory formula for "true value" and has doubled the assessed value of the land as set forth, total some $630,000. And finally, the amount of any outstanding assessments - there are no outstanding assessments against these lands. The total estimated assessment for this project being approximately $148,000.00 is less than half the land assessed value and, therefore, well within the limits of economic feasib~lity. The project has been assessedagainst the property which front on the creek on the basis of the computation of the individual cost of accomplishing ali of the lm~rovement on each individual parcel. This is somewhat unusual in that the Southern Pacific Company's objection which has been filed with the Clerk takes the position that PUBLIC HEARING IMPROV-gMENT OF lP ~LE CREEK ASSESSMENT DISTRICT: (CONTINUED) PUBLIC HEARING SOUTH MAPLE AV£.-SOUTH CANAL ST. RELIEF PUMP & STORM DRAINAGE ASSESSMENT DISTRICT: the total cost should have been apportioned on a frontage basis. However, it is my opinion and I believe Mr. Goss will confirm it, that based on our analysis of the project, the proper way to spread the cost in this case is to assess each individua! parcel with its particular co~t of the improvements on ~t. T~is~is because there are a number cf unusual and cemewhat expensive improvements that have to be relocated and constructed in order to put the channel through. It is my opinion based on this analysis that the assessment has been spread in proportion to benefits. I would like to ask gr. Goss if he could either confirm or correct that statement for the Council." Director of Public Works Louis Goss stated that this assessment has been spread in accord- ance with the benefits, and the properties which have the more expensive type of improve- ments, are paying higher portion of the share of the assessment. There being nothing from any member of the audience, Mayor Ahem closed the Public Hearing The next item was the Public Hearing on the South Maple Avenue-South Canal Street Relief Pump and Storm Drainage Assessment District. Mayor Ahem declared the Public Hearing opened, asking if any written protests had been received to which the City Clerk replied that letters of protest had been received from the following property owners~ Bay City Foundry Co., dated May 21, 1970; four letters from Linden Company dated June 10 and 11, 1970; George C. and Margaret Burkhardt dated June 1, 1970; Walter I. Amos and Jane E. Latai!lade dated June 10, 1970; Olympian Oil Company dated June 11, 1970; Arthur "Buzz" Haskins dated June 11, 1970; ~ndurance Metal Products Co., dated June 12, 1970; A. W. So,ch Bucket Company dated June 12, 1970; D. 3. Simpson Company dated June !2, !970; Berlin Food ~quipment Company dated June 12, 1970; Saracco Tank & Manufacturing Corp., dated June 15, 1970 (two letters from this Company); Bauer Cooperage Company dated June 15, 1970; and a communication dated May 15, 1970 from A. W. Sorich Bucket Company requesting list of property owners affected by this assessment. A question was then asked from the audience as to the precentage of protests received to w~ the Director of Public Works replied that the protests represented 74.83% of the area of assessment and that this did not inc]Qde the two which had just been received from the Bauer Cooperage Company, and which would increase it above 75%. Mr. Walter I. Amos then asked if this was not sufficient to discontinue the project. Mr. Kenneth I. Jones, Bond Counsel from the firm of Wilson, Jones, Morton & Lynch, at this time commented that the proposed project was presented to the property owners in the area in the form of a petition, that the petition had been signed by a number of property owners but was less than the amount required by law for the petition to be legally effective. Director of Public Works Goss commented that the petition which had been circulated had onl received signatures of about 25~ of the property owners. Mr. Jones continued by stating: "In order for the petition to have served any legal functio other than to indicate the desire of those signing to go ahead with the project, it would have to be signed by more than 60% of the owners of the land area of the project. Council being advised of the fact two or three months ago, because of the flooding conditions and vital needs of drainage condition in the area, proceeded under alternate provisions of the law which allowed them to start a project on their own motion. That lead to the preparation of plans and specifications and other documents which are before your and also lead to the Public Hearing which is scheduled for tonight. This is a project for storm drainage improvement only. If protests presented at this hearing represent more than 501~ of the area of the property proposed to be assessed, the project can proceed only if the Council by a 4/Sth vote determines that it is necessary, that these storm drainage improve- ments are necessary for the inhabitation or use of the proper~y/ benefited. That deter- mination is made by 4/Sth vote of the Council, then the project may proceed despite that there is a majority protest. Any vote less than ~/Sth vote would terminate the proceedings. Before any vote or consideration of Council can be undertaken, the Public Hearing must be completed. If anyone wishes to elaborate on his protest or emphasize or bring out anything that is not otherwise apparent, h~ should have the opportunity to do so. Mr. Goss and myself should complete technical matters involved identical to what was involved in the last proceeding. At this time it would be in order to go ahead with the Public Hearing if anyone else wishes to express an objection." Councilman Steinkamp at this time asked ,Mr. Goss a question regarding the basis for his recommending the improvement to which Director of Public ~orks Goss replied that the area has had a long history of flooding and that in 1955, the City engaged the firm of Wilsey & Ham to prepare an over-all report on Colma Creek and its tributaries preparatory to a bond issue and that both his office and the firm of Wilsey & Ham had recommended that a pum~ be installed in the area in order to pump the storm drain waters into Colma Creek when if flowed at high level. In answer to Councilman Steinkamp's inquiry concerning law suits which had been filed by property owners, Director of Public Works Goss explained the number which had been filed against the City necessitating court appearances by his office. Mayor Ahem then asked if anyone present wished to register an oral protest. Mr. Joel Bauman, President of Bauer Cooperage Company, registered a protest against the assessment district, commenting that it had been~fined to only a small area and was not certain that it would work. Discussion then followed concerning the pumps which were to be installed and how they would pump the water into Colma Creek. Mr. Bauman stated that other areas should be included as well. PUBLIC HEARING SOUTH ~PLE AVE.-SOUTH qANAL ST. RELIEF PUNIp & STORM DRAINAGE ASSESSMENT DISTRICT: (CONTINUED) RESOLUTION NO. 5332 D.T.RMINATION, UNDER DIV.4 STRE2TS & HIGH?~'AYS CODE, TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND I~PROVEMENTS 12 MILE CREEK A~e~c,~,T DISTRICT: RESOLUTION NO. 5333 OVERRULING PROTESTS ON RESO. OF INT. NO. 5293 IN~ROVEMENT OF 12 MILE CREEK ASSES?~NT DIST.: 3-0/3- Discussion followed concerning the accumulation of water in the proposed assessment. district after which Mr. Kenneth 3ones explained that the City was contributing 50% towards the cost of this improvement work. Mr. Allen Shansky of the Linden Company and S.Q. Construction Company, registered a protest on the formation of the assessment district, stating that he did not fee! the proposed method would work. Mr. Mel Bauer, Flexible Plastics Co., suggested that the City pay for the cost of this installation as they had done with the original pump. Mr. August Chevalier, 2600 Liex ~aY, commented on the outfa]ls which emptied into Co!ma Creek, as~ino~ if they were a~. the proper elevation and would there be a runback into this system. Directo~ of Public Works Goss in detail explained that the area is so low, that waters cannot flow into Co!ma Creek by gravity, commenting on the flap gases which were installed and their use and the need for pumps to pump the water into Co!ma Creek. Discussion followed concerning the improvement of Colma Creek by the Army Corps of Engineers and the time that it would take to have the work performed. ~r. Walter Amos again.' registered his protest, statin9 that he felt the project required more study and time. Mr. Donald Grimes, 123 Francisco Drive, spoke on the cost which the Army Corps of 2ngi- neers said would be necessary to improve Colma Creek, suggesting that the Department of Land Reclamation be contacted in this regard as well after which discussion follcr~,ed between ~r. Grimes and Director of Pub!lc Norks Goss concerning zones of benefit and tributaries to Colma Creek. There being no further protests, Mayor Ahem at this time called on Mr. Kenneth Jones. Mr. Kenneth Jones, Bond Counsel, stated: "Just a few technical matters that are necessary to complete the legal aspects of ~the hearing for the record. Again, project was initiated on the basis of Council initiative and for that reason, there is a Division 4 report which must be summarized before the Council during the course of the hearing and, as I did in the last project, I will do that very briefly here - the general nature, location and extent of the proposed improvements are in the plans to include the drainage collector lines and the new pumping station.. The total estimated cost of the project is set forth in the eingineer's estimate and in this case, there is the City's contribution of 1/2 of the construction cost, the total estimated project cost is $11,205~ City's contribution is $5~,010, leaving the $57,195 to assessment. "The next element of the report is the assessed valuation of the land in the assessment district and the total shown in that report is $347,000 for land assessed value along. The assessed value of the improvements in the area comes to a total of $546,215. This al! results in a ratio of estimated assessments to land value of which is under 7 to 1 which is a very favorab~ economic ratio. There are no outstanding assessments against any of the land. Finally, as Ntt. Goss has explained to you, this project has been designed to include the area which is subject to substantial flooding and the assessment ha~ been spread in proportion to the land area in that ~lood zone. This formula is consistent with the great bulk of drainage problems of this nature which is put through on a local basis or considered on a local basis and, in my judgment, represents a proper legal assessment spread and, as I did before, I would like ;ir. Goss, as that is the case, to either confirm or correct that from an engineering point of view." Director of Public Works Goss stated that the area included within the assessment is the area which ~s subject to periodic flooding and in which the water drains from the propertie. into the pumping station. Mr. Kenneth Jones. further stated: "One final comment, Mr. Mayor, obviously many people here are opposed to this project as such, and I don't want to appear before you and Ntt. Goss does not, in an adversary position. Our function has been to sot the matter up before the Council for final decision in as fair and equitable way as we can and if the project is approved, we do believe that that has been achieved and this is as fair and as equitable as it can be done under the circumstances." There being nothing further, Mayor Ahem closed the Public Hearing. ~r. Kenneth Jones, Bond Counsel, explained the first of the re~olution~ concerning the Improvement of 12 Mile Creek Assessment D~strict in ~hich protests represented less than 50~ of the majority of the property owners to be assessed and which was confirmed by the Director of Public Works. Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION OF DSTERMINATION UNDER DIVISION 4 OF THE STREETS AND HIGH~;AYS COD~, TO PROC2ED hITH PROCEEDINGS FOR ACQUI- SITIONS AND IN~ROVEN~NTS I,~ROVr'~NiENT OF 12 ~ILE CREEK ASSE~oM~T DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Mr. Jones, Bond Counsel, explained the next resolution which overruled the signed protests which did not represent the majority of the property~ners after which Councilman Mammini introduced the resolution entitled, "A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 5293 I~PROV?J~ENT OF 12 ~IL£ CREEK ASSESS~tENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick 5; Ahem, Frmk J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5334 ORDER ADfPTING ENGINEER'S REPORT, CONFIRMING ASSESS- ~NT & ORDERING ~ORK & ACQUISITIONS !2 MILE CR~2EK ASSESS~.NT DI STRICT: RESOLUTION NO. 5335 DESIGNATING COLLECTION OFFICER IN~ROVF. qENT OF t2 ~4IL~ CREEK ASSESSMENT D I STRI CT ~ RESOLUTION NO. 5336 DETERMINATION TO PROCEED WITH PROCEEDINGS FOR ACQUISITIONS AND IMPROVE- MENTS SO. MAPLE AV2.-SO. CANAL ST. RELIEF PU~V~ & STORM DRAINAGE ASSESS~qENT DISTRICT: RESOLUTIONS OVERRULING PROT2STS ON RESO. OF INT. NO. 5277 AND ORDER ADOPTING ~GI- N2gR'S R2PORT, CONFIPA~.ING ASS£SSM~T - SO. ~LE AVE. SO. CANAL ST. RELIEF PU.qP & STOR~ DRAINAG2 ASSESS- ~ENT DISTRICT: RESOLUTION NO. 5337 OV2RRULING PROTESTS SO. .~PLE AVE. SO .CANAL ST. RELIEF PUMP & STORM DRA!~;O~ AS,c-q,qe',~.NT nT~T. ~ RE~LUTION NO. 5338 AND ORDER A~PTING ENGI- NEER'S RE~RT CONFI~ING ASSSSS~NT AND O~ERING %%~ORK SO. ~PL5 AV2. SO. C~;AL CT. RELI2F PUP,~ & S~R~4 DRAINAGE ASSESSmenT DISTRTCT: RESOLUTION NO. 5339 AWARD OF CONTRACT SO. .V~PL5 AVE. SO. CANAL ST. RELIEF PUN~) & STORM DRAI AG£ ASSESSMENT D!STRICT: R2SOLUTION NO. 5340 DESIGNATING COLLECTION OFFICER SO. CANAL ST. $O..%{APLE AV£. RELIEF PU~ & STOPJ~ DRAI NAGS ASSESS- MENT ~! ?TP!CT: RESOLUTION NO. 5341 D~CLA~NG ~,~ORITY PROTEST HAS NOT BE~ ~DZ - ROTARY PLAL~ ~NN~ATION: Mr. Jones stated that before the adoption of the next resolution adopting the Engineer's report, there is one mechanicaI correction to be submitted for Council's consideration. He stated that this is a mechanical error in Assessment No, 5 and in reca!cuIating, reduces the assessment against this parcel. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the correction be approved andaCcepted. After an explanation of the resolution by .qr. Jones, Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONF!PJ~ING THE ASSESSN~NT ~ND ORDERING THE WORK AND ACQUISITIONS IN~ROVEMENT OF 12 MILE CRE~K ASSESSMF_NT DISTRICT." Roi1 call vote was as follows: Ayes, Councilmen Patrick 2. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Mr. Kenneth Jones explained that the next resolution designated the City Treasurer as Coilection Officer for the district after which Counciiman Steinkamp introduced the resolution entitied: "A RESOLUTION DESIGNATING COLLECTION OFFICER IMPROVEmeNT OF 12 MILE CR~F_K ASSESS)4ENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick ~. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. gr. Kenneth Jones, Bond Counsel from the firm of Wilson, Jones, Morton g Lynch, stated that if Council desired to proceed with the improvements of South Maple Avenue and South Canal Street Relief Pump and Storm Drainage project, there are some changes to be made in the resolution. He stated that the words "not" and "do not" in paragraphs 2 and 3 would be deleted ~nd paragraph 3A would be added as follo~'s: "that this Council deems said storm drainage improvements to be necessary for the inhabltat~on or ,]se of the pro- perty benefited." He further commented that if Council make~ thi~ f~n~nG by a ~,/5 vote, the project may proceed. Councilman Steinkamp introduced the resolution containing the changes and addition as outlined by Mr. 3ones and which was entitled: "A RESOLUTION OF D~TE~INATION, UND2R DIVISION ~ OF THE STREETS ;~4D H!GH¥iAYS CODE, TO PROCEED WITH PROCEEDINGS FOR ACqUISI- TIONS AND I~PROVEMENTS SOUTH ?~APLE AVENUE - SOUTH CANAL STRB2T R£LIEF PU~ AND STORM DRAINAGE ASSESSMENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucel!i, William A. Borba, F. Frank Mammini and %~arren Steinkamp. Noes, none. Absent, none. Mr. Jones remarked that the next two resolutions entitled: "A RESOLUTION OF iNTENT~ON.TO&{AKE.CHANGES AND i~ODIFICA/IONS'~-SOUTH N~PLE AVENUE - SOUTH CANAL STREET RELIEF PU~P AND STOR~ DRAINAGE ASSESS~,~NT DISTRICT~ and "A RESOLUTION ORDERING REDUCTION OF ASSESSNtEJ~TS SOUTH ~APLE AVF_NUE - SOUTH CANAL STREET RELIEF PU~ AND STORM DRAINAGE ASSESS.~NT DISTRICT" were not necessary as there are no adjustments in the assessments. Mr. Jones stated that the next resolution overruling protests on Resolution of Intention No. 5277 would also require the same correction for the word "not" to be deleted in paragraph 1 and with that deletion the resolution is in order for adoption after which Councilman Mammini introduced the resolution with that correction entitled: "A RESO- LUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 5277 SOUTH NtKPLE AVENUE - SOUTH CANAL STREET RELIEF PU~P ~4D STORM DRAINAGE ASSESSMENT DISTRICT." Roll call vote was as follows~ Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, ~il!iam A. Borba, F. Frank Mammini and Warren Steinkamp. Noes~ none. Absent, none. The resolution and order adopting the engineer's report and conf~rming the assessment was explained by ~4r. 3ones, Bond Counsel, and would require the same deletion of the words "no+. required" in paragraph 1 on page P after which Councilman Steinkamp intro- duced the re.colution with the deletion entitled: "A RESOLUTION AtE) ORDZR ADOPTING ~GINE-2R'S REPORT CONFIRmed!NC THE ASSESS~;~NT ;d~D ORD.r"RING TH2 ~'ORK AiD AC.~UISIT!ONS SOUTH .qAPL~ AVENUE - SOUTH C;~AL STREET R~IEF PU,qP AND STORM DRAINAGE ASSZSS?'4~T DISTRICT. Re!! call vote was as follows: Ayes, Councilmen Patrick C. Ahem, Frank 3. Bertucelli, "~]iam,,,_. A. Borba, F. Frank .~ammini and Warren Steinkampo Nee.c, none. Absent, none. Director of Public Works iou]s Goss declared the bids received for the South Maple Avenue South Canal Street Relief Pump and Storm Drainage project, stating that the low bidder was Wenrick and Associates with the bid of $9a,996.40. After an explanation by Mr. Jones, Bond Counsel, Councilman Bertuce!li introduced the resolution entitled: "A RESOLUTION OF AV;ARDOF CONTRACT SOUTH N~PL£ AVENUE - SOUTH SPINAL STREET RELIEF PUMP AND STOP~ DRAINAGE ASSESSNtENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick S. Ahern, Frank .l. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. '~{r. Kenneth Jones explained the resolution appointing the City Treasurer as Collection Officer for the assessment district after which Councilman Steinkamp introduced the resolution entitIed: "A RESOLUTION DESIGNATING COLLECTION OFFICER SOUTH )4APLE AVENUC - SOUTH CANAL STREET R~2LIEF PUMP AND STOR~ DRAINAGE ASSESSN~ENT DISTRICT." Roll call vote was as follows: Ayes, Councilmen Patrick J. Ahem, Frank J. Bertucel!i, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution relating to the Public Hearing which had just been closed and would declare that a majority of protests had not been made, was ready for introduction. RESOLUTION NO. 5341 DECLARING MAJORITY PROTEST HAS NOT B~ZEN MADE - ROTARY PLAZA ;34NEXATI ON .' ( CON T. ) RESOLUTION NO. 5342 AUTHORIZING CITY ATTORNEY TO CONSENT TO CANCT~LATION OF TAXES ON PROPERTY AC- QUIRED FOR PUBLIC USE: RESOLUTION NO. 5343 AUTHORIZING ~-,,~CUTI ~.i AGREEMF..NT BE/~/~EEN GMT ~NV~STORS ~. C~TY~ RESOLUTION NO. 5344 IN ~E~ORY OF JUDGE CONRAD B. REISCH, DECaASED: 5-01 ORDINANCE ORDERING RiMOVAL OF OVERHEAD STRUCTURES, WIRES & FACILITIES & INSTALLATION OF UNDER- GROUND FACILITIES IN UNDERGROUND UTILITY gIST. NO. 2 - PHASE B-I: 1st Re~. ns/Introduction ORDINANCE APPROVING ANN.rXAT!ON OF CERTAIN UNIN!IABITED TERRITORY - ROTARY PLAZA !.ct mcadinG/l ntroduction R£PORT CONC~NING S.P. PARCEL ADJACENT TO ORANGE AVg. NE~ORIAL PARK. - PARKING AREA FOR SWIMMING P.CXJL: FESTIVAL REC~JEST N~TER DOLOROSA CHURCH SEPT. 17-20, 1970: Councilman Bertucelli introduced the resolution entitled: "RESOLUTION DECLARING THAT A ~%JORITY PROTEST HAS NOT BEEN Nt~DE TO THE PROPOSED ANNEXATION TO TH2 CITY OF SOUTH SAN FRANCISCO OF CERTAIN UNINHABITED TERRITORY DESIGNATED ROTARY PLAZA ;~INEXATION." Roll call vote was as follows: Ayes', Councilmen Patrick £. Ahem, Frank J. Bertucel!i, ?;!lliam A. Borba, F. Frank Mammini and Warren $teinkamp. Noes, none. Absent, none. The next item was the communication dated May 20, 1970 from the office of the District Attorney concerning City's formal request for cancellation of taxes on Parcel No. 014-!50-205 (Bocci-Cor~e~i Parcel); together with Inter-Office gemorandum dated June 8, 1970 from the office of the Director of Public ~orks concerning same ~ubjec~. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION AUTHORIZING THP CITY ATTOR:'~7.Y TO CONS~T TO CANCELLATION OF TAXES ON PROP£RTY ACQUIRED FOR PUBLIC US~ AND REQUESTING TH2 BOARD ~ ~.~ ,~, . , ~ ~- COU:{Tv .... ~ ~ ,~ OF SUPERVISORS TO ~,UTHOR~ Cai~CaL~aTI~N OF . . Ta~-,a~ AND THa DISTRICT ~TT~iaY TO CONSENT ~{ERETO." Roll call vote was as follow~; Ayes, Councilmen Patrick 2. Ahem, Frank J. Bertuce!li, %%'~lliam A. Borba, F. Frank Manz,~ini and ~¥arren $teinkamp. Noes, none. Absent, none. City Attorney Noonan explained that GMT Investors were successors and intere~t~ to Ca!lan and that the next resolution would provide for the exchange of deed~ in the Westborough No. 4 area whereby the City increases its park holdings by .8 of an acre, totaling 6.823 acres in the We,thorough Park. Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AUTHORIZING 2XECUTION OF ~%N AGREEMENT BETWEEN GNrr INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP, AND THE CITY OF SOUTH SAN FRANCISCO AND RELATED ACTS. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan stated that the next resolution was ready for introduction, expressing the City's sympathy to the family of Judge Conrad B. Ret,ch, deceased. Councilman Mam~nini introduced the resolution entitled: "A RESOLUTION IN MENDRY OF JUDGE CONRAD B. REISCH, DECEASED, AND EXPRESSING SYNPATHY TO HIS FAMILY." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertuce!!i, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Mayor Ahem ordered the title of the ordinance read. The title of the ordinance was read City Attorney Noonan then explained the ordinance and advised the Council regarding procedure for introduction. Councilman Steinkamp moved that reading of the ordinance in its entirety be waived and that the ordinance be introduced and read for the first time by reading title only, seconded by Councilman Bertuce!li and passed by a unanimous vote. Councilman Mammin~ moved that the ordinance entitled: "AN ORDINANC2 ORDERING REMOVAL OF OVERHEAD STRUCTURZS, WIRES AND FACILITIES AND INSTALLATION OF UNDERGROUND ~IR5S FACILITIES IN UNDERGROUND UTILITY DISTRICT NO. 2 PHASE B-l," the entire reading of which has been duly waived, be introduced, seconded by Councilman Steinkamp and passed by the following roll call vote. _ ~o · Councilmen Patrick ~ Ahem, Frank J. Bertuce!l~, Roll call vo~e wa~ as fo.~ wa. Ayes, -. William A. Borba, F. Frank Manzmini and ~'~'arren Stoinkamp.~',o~s," ~ none Ab~.~n+. ., none. .Mayor Ahem ordered the title of the ordinance read The ti+l- of the ordinance City Attorney Noonan then explained the ordinance end advised the Council regzrding procedure for introduction. Councilman Bertucel!i moved that reading of the ordiance ~n its entirety be waived and that the ordinance be in!reduced and read for ~he first time by reading title only, seconded by Councilman Mammini and passed by a unanimous vote. Councilman Mammini moved that the ordinance entitled: "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'ROTARY PLAZA ANNEXATION' TO TH2 CITY OF SOUTH SAN FRANCISCO," the entire reading of which bas been duly waived, be introduced, seconded by Councilman Steinkamp and passed by the following roll call vet Roll call vote was as follows: Ayes, Councilmen Patrick £. Ahern, Frank J. Bertucel!i, ~illiam A. Borba, F. Frank Mamminl and Warren Steinkamp. Noes, none. Absent, none. The next item was the report concerning the Southern Pacific parcel adjacent to Orange Avenue ~emortal Park which is to be used for parking area for the new MunicipaI Swimming Pool. City Attorney Noonan explained that this item is carried on the agenda until its com- pletion and, at the present, the latest progress in the matter is the cost estimate being conducted by the Southern Pacific Company for the pipe line removal and relocation of the sw!tch~ when this is accomplished, the whole area will be avaJlabe for parking. He requested a continuance in this regard. There being no objections, it was so ordered. The next item was the co~unication dated May 27, 1970 from the Festival Secretary of ~ater Do!orosa Church~ requesting permission to hold their annual festival and carnival rides on September 17 - 20, 1970. FESTIVAL REQUEST MAT~ DOLOROSA CHURCH C~HT~NUEn t FIRST ANNUAL REVIEh' OF GF. NERAL PLAN OF 1969 & REPCRT~ P.C. RESO. NO. 2109 R~COMJ~ENDI NG STREET NA}L5 CHANGE IN GARDF~N S: CITY PLANNER'S REPORT: CHANGE ORDER NO. 7 C.C. ~. F. NOS. 2 & 2A: 2NTRANCES TO CITY B--LAUTIFICATION PROJECTS: LANDSCAPE DEVELOPMENT OF HICKEY BLVD. AT HILTON AV~. & S.F. WATER D2PT. LAND AT HICKEY BLVD. g CAU~RITAS AVE.: RESOLUTION NO. 5345 APPROVING PLANS & SPECS, AUTHORIZING WORK & CALL FOR BIDS FOR LANDSCAPE DEV~_LOPMENT OF HICKEY BLVD. AT HILTON AVE. & S.F. WAT2R D5PT. IAND AT HICK~Y BLVd. ~ C~.~ARITAS AVE.: MONTHLY Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the request as submitted be approved and accepted. Mayor Ahem requested that the departments concerned be notified. The next item was the Inter-Office Memorandum dated June 9, 1970 from the Secretary to the Planning Commission submitting findings and report - First Annual Review of the General Plan of 1969 and report on the Status and Application thereof to the City Council. There being no objections, Mayor Ahem ordered the Report accepted and placed on file. The next matter was the Planning Commission Resolution No. 2!09 entitled: "RESOLUTION OF THE PLANNING CO~ISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMr~NDING TO THE CITY COUNCIL THEREOF THAT THE STREET NAMES OF NORA ~AY, SUSIE ~AY, AND SANDRA COURT, CHANGED TO CASSINELLI ~'AY, B2RTUCELLI AVENUE, AND NOONAN COURT, RESPECTIV£LY." Received after preparation of the Council's agenda was a petition dated June 12, 1970 as signed by 1! residents on Nora Way, Susie Way and Sandra Court; in addition to the petition signed by 49 residents which had been submitted and filed at the time it was before the Planning Corrm. ission. City Attorney Noonan expressed his appreciation for the compliment but in the interest of the inconvenience to the residents, requested his name be deleted. Councilman Bertucel!t remarked that h~s family name has been ~e!! Pnown in ~outh Francisco since 1895 and also requested h~ name be deleted. Mayor Ahem stated that the street name change was suggested not to complicate matters but to change like-sounding street names and, in view of the requests of Councilman Bertucelli and City Attorney Noonan, the resolution would be tabled and the stree~ names would remain as they are. There being no objections, it was so ordered. The next item was the City Planner's Report to the City Council with respect to Use and Variance Requests considered on June 8, 1970. There being no objections, Mayor Ahern ordered the Report accepted and placed on file. The next item was the Communication dated May 29, 1970 from Wilsey & Ham submitting Change Order No. 7 - Cabot, Cabot & Forbes Industrial Park, Units Nos. 2 and 2A. Accompanying was the Inter-Office Memorandum dated June 10, 1970 from the office of the Director of Public Works recommending approval of Change Order No. 7. Councilman Steinkamp moved, seconded by Councilman Borba and regularly carried, that the recommendation of the Director of Public ~orks be approved and accepted. The Inter-Office Memorandum dated June 9, 1970 from the Landscape Specialist submitting the Progress Report for the Entrances to the City Beautification Projects was the next matter for Council's attention. City ~anager McKenzte explained that the report indicates that the plans for the entrance sign at E1 Camino Reai at San Bruno C~ty boundaries have been turned over to the Land- scape Architect, ~.~. David ~ayes, for the preparation of plans; it aiso indicates that plans for the entrance sign at Airport Boulevard at Brisbane City limits are present!y being prepared and would be brought to CounciI's attention for consideration. He con- tinued by stating that the entrance sign at Skyline and Westborough Boulevards has been turned over to N[~. Anthony Guzzardo, Landscape Architect, for the preparation of pIans and specification to be inciuded in the Iandscaping of Westborough Boulevard. The fourth item is the sign at the boundary of the City of South San Francisco and Town of CoIma on the EI Camino ReaI and City Manager McKenzie stated that the recommendation is to postpone this matter until such time es the widening of £i Camino Real ~s comp!eted. There being no objections, Mayor Ahem ordered the report accepted and placed on file. The next two ~tems were considered in the Inter-Office Memorandum dated June 10, !970 from L~ndscape Specia!i~t John Hoffman and were the landscape developments of Hickey Bou]evard~ west of Hilton Avenue and the San Francisco ~ater Department !and at Hick~y ~oulcvard and Camaritas Avenue. Councilman Ste~nkamp moved, seconded by Councilman Bertuce!!! and regularly carried, that the two items be considered sim~aneou~!y so that they would go to bid and be accomplished at the same time, City Attorney Noonan explained the resolution that could be adopted pursuant to Council's order ~n their motion, after which Councilman Bertucel!i introduced the reso!uti~n entitle, "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING TH~ WORK AND CALLING BIDS FOR LANDSCAPE DEVELOPMENT OF HICKEY BOULEVARD AT HILTON AVENUE AND SAN FRANCISCO WATER D~PARTMENT L~ND AT HICKEY BOULEVARD AND CAMARITAS AVENUE." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank J. Bertu~e~li, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. Monthly Reports were received from the following: Library - ~ay 1970 Fire Department - May 1970 Building Department - ~ay 1970 There being no objections, Mayor Ahem ordered the Reports accepted and placed on file. CO~'~UNI CATION CONCERNING S;~ MATEO COUNTY DEVELOP- U. ENT ASSOCIATION, INC.'S CHOICE OF F;. ORANGE AVE. LIBRARY AS OUTSTANDING STRUCTURES IN $.M. COUNTY: The next item was the con~nunicatiOn dated 3uno 1, 1970 from the San Marco County Develop- ment Association, Inc., advising the City that the We~t Orange Avenue Library has been chosen as one of the most outstanding structures in the County of Sam Marco. Mayor Ahern stated that the City was well aware of the beautiful structure of the West Orange Avenue Library and was pleased that the County of San Mateo likewise recognized this. There being no objections, Mayor Aborn ordered the communication accepted and placed on file. CONBdUNICATION FROM OF PORTOLA VALLEY FOR- ¥~ARDING RESO. NO. 286-70 OPPOSING BAY FRONT FReeWAY: The communication dated June 4, 1970 from the Town of Portola Valley forwarding their Resolution No. 286-1970 endorsing action of the Council of Mayors opposing the Bay Front Freeway was the next matter for Council's attention. There being no objections, Mayor Ahern ordered the communication and resolution accepted and placed on file. EXT~SION OF 380 INTO SO. SAN FRANCISCO: / City Manager McKenzie, at this time, brought the matter of the 380 Extension into South San Francisco to Council's attention. He ~tated that it was his understanding that Council wished him to advise the Division of Highways that the plans were received today, too late for consideration by the Ctt~ Council~ and that Council was not in a petition to either approve or disapprove the proposed e×tension until further study at a Study Session Mayor Ahem remarked that this was the intent of Council and until such time ss these plans could be studied, there would be no presentation fro~ the City Council. GOOD ASD WELFARE: FILING OF A CLASS ACTION SUIT BY TH2 CITY AGAINST AIRPORT OPERATORS: There being nothing further, Mayor Ahem acked if any member of the City Council had anything they ,^'i~hed to offer under Good and Welfare. Councilman Ma~mini stated that he had received an increasing number of complaints from the citizens of South San Francisco concerning jet noise over the City. In view of this, Councilman Mammini stated that in the form of a motion, the C~ty file a Class Action Suit within thirty day~ to abate noise and jet pollution over our co,unity and a!~o ~o ~nc!ude ~n the motion, authorfzation for thc City Attorney to ~s~ocia~e '.,:~th attorney~ experienced ~n environmental law problcm~ and %vhlch would be of no cos~ to +he C~y for legal f~es. He ~efod +hat he had ha~ the opportunity to d~cu~ ~h~c z~t~cr wit5 an attorney who is qu~te va,%ed in ~hi~ f~eld and who ha~ become ~n~er~ed ~n the proble~. Councilman Steinkamp, in seconding the motion, remarked that the C~ty has suffered intolerable noi~es too long and this would be the first s~ep to improvin~ these conditions, In answer to Mayor Ahern'~ inquiry if the City could take this type of action, City Attorney Noonan explained that he has a reservation as to the City's entering into a Class Action Suit and that the mentioned Inglewood Class Action Suit was based on an individual suit with the City of Inglew°od joining in the suit. He stated that he felt individual property owners, possibly the School District, would have the strongest property damage suit. He further explained the Cityts position in a Class Action Suit after which he stated that he would like to take th~s motion as an order and file the action with the understanding that if there is a better approach, in thirty days come back with it.~ and if the attorney feels otherwise, we can pursue this matter as suggested by Councilman Marmaini. Discussion followed between Councilman Mammini and City Attorney Noonan concerning the d~fferent approaches to the Class Action Suit and the pressures that can be brought to bear on the airports to lower their noise levels. Councilman Bertucelli remarked that at the last meeting, the School District was to have a report concerning disturbances of classes by jet noise to which City Manager ~cKenzie remarked that he was to discuss this with Dr. Nielsen to estimate loss of teaching time. Councilman Mammini remarked about a similar Class Action Suit brought by the City of Downey against the Division of Highways for building a highway too close to two school~ and thus created an intolerable situation. Councilman Mammtni accepted City Attorney Noonan's suggestion of study of the two approaches to the action as part o[ his motion after which motion as made and seconded was regularIy carried. There being nothing further from Council, Mayor Ahern asked if anyone present ~n the audience wished to offer anything under Good and Welfare. PETITION TO BE SUBMITTED Mr. David Friedenberg, 2395 Bourbon Court, spoke in opposition to City Counc~l's decision TO RESCIND COUNCIL'S of May 18, 1970 in approving the overpass at West Orange and Camaritas Avenues, comm. ent~.ng DECISION ON OVERPASS AT that the public had not been properly notified in order that they might be heard con- ~h... subject matter. A~ a result, petitions in opposition had bee~ c~rculated 'H. ORD~G5 g CA~RITAS AVES.: corning + ~ and signed and would be presented to ~h~ City Clerk ~n his office D~scussion followed among ~. Claire Damico~ ~r. Fr~edenbe~g e~d ~syo~ Ah .... concertina ~h~ overpas~ a+ Y~'e~t Orange ~nd Camarita.~ Avouue~. ~r. August Chevc!~er commented on h!~ pleasure ~,n hearing that the City's West Orange Avenue Library wa~ chocen as one of f~ne design and requested to know how the citizcn~ from tho older part o~ to~n would get to this facility in view o~ the fact that Counc~l had disregarded the recommendations of the professional consultants to place the overpass in this location, and hoped, in the face of the referendum, that Council would listen to professional people in the ~]ture. In answer to Councilman Borba's inquiry as to the progres~ of the North County Court House, City Manager McKenzie replied tha~ ]~ was going to bid ne×t month. GOOD AND WELFARE: (CONTINUED) MC~ENT OF SILENCE IN HONOR OF JUDGE REISCH, DECEASED: Councilman Mammini moved, seconded by Councilman Bertucel!~ and regularly carried, that the meeting be adjourned to a Study Session on Thursday, 3une 18, 1970 at 7:30 p.m. Mayor Ahem announced that the meeting would be adjourned with a moment of sflence in honor of the !ate 3udge Conrad B. Reisch. Time of adjournment: ]0:!4 p.m. APPROVED R~SPECTFULLY SUBMITTSD, ' ~"~ ~lerk~' The remarks contained in these Minutes are excerpts and not verbatim. Tho proceedings of th~s meeting were taped and all discussions are contained therein. CITY COUNCIL, CITY Or SOUTH SAN FRANCISCO, STATE OF CALIFORNIA NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN, pursuant to the Government Code of the State of Call~---~.,...~, of a special meeting ca!led for Wednesday, June 24, 1970, at 7:30 p.m., in the Council Chambers, City Hail, South San Francisco, California. Dated: The purpose of the meeting is to review proposed budget with department heads. June 23, 1970 SPECIAL MEETING OF THE CI/Y COUNCIL OF TH2 CITY OF SOUTH SAN FRANCISCO HELD WEDNESDAY, JUNE 24, 1970 TINTS: PLACE: CALL TO ORDER: ROLL CALL: ADJOURNMENT: RESPECTFULLY SUB~ITT~2D, 7:30 p.m. Council Chambers, City Hall. The meeting was called to order by Mayor Ahem at 7:37 p.m. Present: Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren Steinkamp. Absent: Councilman F. Frank Mammini. There being no official action of Council to be taken concerning the matter of the proposed budget for the coming fiscal year, Mayor Ahem adjourned the meeting to a Budget Study Meeting to be held in the Conference Room. Time of adjournment: 7:38 p.m. APPROVED: The remarks contained in these ~tnutes are excerpts and not verbatim. The proceedings of this meeting were taped and all discussions are contained therein.