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HomeMy WebLinkAboutMinutes 1971-07-19REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, JULY 19, 1971 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION: ROLL CALL: CLAIMS: PARKING DISTRICT NO. I CLAIMS' RESOLUTION NO. 5602 AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT WIDENING OF STATE HWY. EL CAMINO REAL - ORANGE TO CHESTNUT: RESOLUTION NO. 5603 AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT WIDENING OF STATE HWY. RTE. 82 EL CAMINO REAL CHESTNUT TO ARROYO: RESOLUTION NO. 5604 APPROVING PLANS & SPECS AUTHORIZING WORK & CALL FOR BIDS FOR PUMP STATION NO. 4A IMPROVEMENT:~ 8:00 p.m. Council Chambers, City Hall The meeting was called to order by Mayor Borba at 8:04 p.m. The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend William L. Knapp of Mater Dolorosa Catholic Church. Present: Absent: Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp None Mayor Borba asked if there was a motion approving the regular claims as submitted for payment. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the regular claims, totaling $52,100.72, be approved for payment. Mayor Borba then asked if there was a motion approving ~he claims as submitted for Parking District No. I for payment. Councilman Mammini moved, seconded by Councilman Steinkamp and regularly carried, that the claims as submitted for Parking District No. I, totaling $11.20, be approved for payment. The next item was the communication dated July 2, 1971 from the Division of Highways, State of California, transmitting proposed Modification of Cooperative Agreement No. 41-232841 - Proposed Project between Orange and Chestnut Avenues - El Camino REal (State Route 82). Accompanying was the Inter-Office Memorandum dated July 7, 1971 from the Director of Public Works recommending Council's approval of the proposed Modification to the Co- operative Agreement. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the reso- lution entitled: '~A RESOLUTION AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT - WIDENING OF STATE HIGHWAY ROUTE 82 (EL CAMINO REAL - ORANGE AVENUE TO CHESTNUT AVENUE).'! 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. The next item for Council's attention was the communication dated July 8, 1971 from the Division of Highways, State of California, transmitting proposed Modification of Agreement providing for credit - Proposed Widening of El Camino REal, Chestnut Avenue to Arroyo Drive, (Asphalt Concrete Shoulder). Accompanying was the Inter-Office Memorandum dated July 12, 1971 from the Director of Public Works recommending approval of the proposed Modification to the Cooperative Agreement El Camino Real (Chestnut Avenue to Arroyo Drive). City Attorney Noonan explained the resolution authorizing execution of the agreement after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF MODIFICATION AGREEMENT - WIDENING OF STATE HIGHWAY ROUTE 82 (EL CAMINO REAL - CHESTNUT TO ARROYO).? 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. The Inter-Office Memorandum dated July 12, 1971 from the Associate Civil Engineer to the Director of Public Works transmitting plans, specifications and cost estimate for the proposed Pump Station #4A Improvement was the next item for Council's attention. Accompanying was the Inter-Office Memorandum dated July 12, 1971 from the Director of Public Works recommending approval of plans and specifications and requesting authori- zation to advertise for bids. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the resolution entitled: "A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR PUMP STATION #4A IMPROVEMENT." In answer to Councilman Mammini, Director of Public Works Goss explained that this merely authorized the calling for bids, payment for the work to be made from the Capital Improvement Budget, Sewer Rental Fund. Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Ma~mi.ni and Warren STeinkamp. Noes, none. Absent, none. RESOLUTION NO. 5605 AUTHORIZING AGREEMENT WITH CITY OF PACIFICA CUSTODY OF PRISONERS: RESOLUTION NO. 5606 AUTHORIZING AGREEMENT WITH SOUTHERN PACIFIC COMPANY - OYSTER POINT BOULEVARD: $-o 0 RESOLUTION NO. 5607 DECLARING COUNCIL'S INTENTION TO APPLY FOR DEMONSTRATION GRANT - RECYCLING SOLID WASTE: RESOLUTION NO. 5608 COMMENDING MAR IA ANGEL INA VENNARUCCI: PM-80 AS FILED BY ANTONIO RIVERA: After, an explanation by City Attorney Noonan, Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF PACIFICA REGARDING CUSTODY OF PRISONERS." 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. The next item was the communication dated May 28, I971 from the Southern Pacific Transportation Company submitting proposal for raising yard tracks and improvement of railroad crossing at Oyster Point Boulevard. Accompanying was the Inter-Office Memorandum dated June 16, 1971 from the Director of Public Works recommending that the City enter into an Agreement with the Southern Pacific Transportation Company to participate in the improvement. City Attorney Noonan stated that the request referred to ~ deed or agreement executed in 1943 and he had requested a copy of this deed to review"~'ts contents, after which Councilman Mammini introduced a resolution authorizing execution of an agreement with the Southern Pacific Transportation Company. Councilman Steinkamp at this time requested that, before the crossing were commenced, the Southern Pacific Transportation Company be contacted to work out complete details on this crossing with a minimum time on inconvenience since it was a major artery servicing the industrial area and would be a burden on the people using this road. Director of Public Works Goss then explained the amount of time which it would take the Southern Pacific Company to obtain their materials and that a similar job had been completed in two weeks and that he had be~n~'i~nformed that this would take approximately three weeks by the railroad. He further remarked that he would again contact the Southern Pacific Company and urge them to expedite the matter. He suggested that the resolution be effective with the approval of the City Attorney; Further discussion followed at which time, in answer to Councilman Bertucelli's inquiry, Director of Public Works Goss replied that there would be a lane open during the evening hours for use by the Fire Department. Further discussion followed at which time, Mr. Donald Grimes, 123 Francisco Drive, brought to the attention of the City Council other crossings within the City which were in need of repair as well as the crossing at ~Linden Avenue which took some time to be corrected. Councilman Mammini then withdrew his resolution after which City Manager Dreisbach suggested that Council introduce and adopt a resolution with the proviso that it would be effective upon approval of the City Attorney. Councilman Mammini then introduced a resolution entitled: "A RESOLUTION AUTHORIZING AGREEMENT WITH SOUTHERN PACIFIC COMPANY - OYSTER POINT BOULEVARD~" requesting that it carry the provision that it be effective upon the approval of the City Attorney. 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. After an explanation by City Attorney Noonan, Councilman Bertucelli introduced the next resolution entitled: "A RESOLUTION DECLARING THE COUNCIL'S INTENTION TO APPLY FOR A DEMONSTRATION GRANT - RECYCLING OF SOLID WASTE." 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. Brief discussion followed at which time mention was made that~ before the City was committing itself to such a p~jram, they were to obtain facts and figures concerning the program and its effectiveness. City Manager Dreisbach stated that Council was simply expressing its intention at this time. The resolution commending Miss Maria Angelina Vennarucci, Miss South San Francisco 1970 and First Runner-Up for Miss San Mateo County 1971, and now Miss San Mateo County was introduced by Councilman Bertucelli and was entitled: "A RESOLUTION COMMENDING MARIA ANGELINA VENNARUCCI." 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. The next item was the Inter-Office Memorandum dated June 15, 1971 from theCity Planner advising of Planning Commission's denial of the instant tentative map PM-80 - as filed by Antonio Rivera for the resubdivision of approximately 0.34 acre parcel of land, located at the most northerly corner of Alta Vista Drive and Conmur Street in the R~I District. Acccompanying was the letter of appeal dated June 17, 1971 from Antonio Rivera appealing the Planning Commission's denial of the request. Lengthy discussion followed at which time the City Attorney explained the research which he had made in this regard, both with the present documents on file and those which were in the City's file and concerned the original owner, Mr. Luther Barry, and their pro- posed uses of the property and the agreements which had been executed with the former owner. He stated that the Council had before them an appeal upon which a decision should be rendered. PM-80 AS FILED BY ANTONIO RIVERA: (CONTINUED) At the request of Mayor Borba, City Planner Pass commented on the field trip which had been made with the Mayor, City Manager and himself during which time the matter of parking, the existing sta~e of the land and the possibility of subdivision hadbeen looked at. He then gave a background of the area when it was first annexed to the City after which he commented on the increased density if the land were to be developed as proposed. He suggested that the Planning Commission's decision be followed in this regard. Discussion then followed concmrning the usage of the property and its amortization over a period of years. Mr. Rivera, speaking in his behalf, requested that he be allowed to develop the property as proposed in order that his investment could bring him a return. Planning Commissioner Botieff remarked that the recommendation for denial was due to the fact that density would be too high in this area and that the land could be put to better use. He recommended that the decision of the Planning Commission be upheld. Councilman Ahern then moved that the recommendation of the Planning Commission be approved and accepted and ~he request be denied. Further discussion followed after which Councilman Mammini seconded the motion. City Planner Pass remarked that it might be that Mr. Rivera did not fully understand the matter and if Council desired during a brief recess, he could in detail explain to Mr. Rivera the alternate uses of the property. RECESS: Mayor Borba then declared a recess at 9:23 p.m. RECALL TO ORDER: The meeting was recalled to ~rder at 9:30 n.m. by Mayor Borba with all Council Members present. City Planner Pass then remarked that Mr. Rivera understood the alternates to which Mr. Rivera concurred, stating that he did not wish to make any changes. He remarked that he would take the denial but felt that this was an injustice. Motion as made and seconded was regularly carried, no votes being cast in opposition. HAUL BOND RELEASE REOUEST BY P IOMBO CORPORAT I ON: The next item was the communication dated June 18, 1971 from Piombo Corporation re- questing ~ease of $135,000 haul bond (guarantee of repair of streets Westborough Unit No. 4 to Airport); requesting new haul route. Accompanying Was the Inter-Office Memorandum dated June 29, 1971 from the Director of Public Works recommending approval, cancellation of $135,000 bond and acceptance of $20,000 bond to guarantee repair of streets on new haul route. Director of Public Works Goss commented that the Piombo Corporation had completed their haul some one year previously, explaining the repairs which had been made upon the City's request and that since that time, other trucks had used the area. Discussion then followed at which time mention was made that the Piombo Corporation would not be responsible for repairs at this time since they had made them when requested. Further discussion followed concerning the amount of truck traffic which passes over this street since it is a designated truck route. Mr. Donald Grimes, 123 Francisco Drive, stated that he had called to the attention of the' City the damage which was being done to this area by trucks, stating that, in his opinion, the street was not constructed to carry the present truck Icad. City Attorney Noonan then suggested that, if Council were to act on the matter, they do so by the adoption of a resolution. RESOLUTION NO. 5609 Councilman Bertucelli then introduced a resolution entitled: "A RESOLUTION AMENDING AMENDING PERMIT TO GRADE PERMIT TO GRADE A PORTION OF THE PARCEL DESIGNATED AS PARCEL 16 IN WESTBOROUGH AND TO PORTION OF PARCEL DESIG- REMOVE SURPLUS MATERIAL FROM SAID AREA." NATED AS PARCEL 16 IN WESTBOROUGH AND TO Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, REMOVE SURPLUS MATERIAL: William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. CLAIM AGAINST THE CITY The next item for Council's consideration was the claim against the City as filed by the AS FILED BY JOE R. McCRAY law office of Jo~. R. McCray, Attorney at Law, on behalf of Ralph Joseph Velasquez ON BEHALF OF RALPH JOSEPH VELASOUEZ: for alleged personal injuries as a result of arrest and incarceration. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City At¢orney and Notice be given to claimant in accordance with Government Code SEction 913915.4 and related sections of the Government Code. CLAIM AGAINST THE CITY AS FILED BY JOE R. McCRAY ON BEHALF OF RALPH J. VELASQUEZ: The claim against the City as filed by the law office of Joe R. McCray on behalf of Ralph Joseph Velasquez alleging personal injuries sustained on or about April 6, 1971 was the next matter of Council. Councilman Bertucelli moved, seconded by Councilman Ahern and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney and Notice be given to claimant in accordance with Government Code Section 913915.4 and related sections of the Government Code. CLAIM AGAINST THE CITY FI LED BY JOE R. MC CRAY ON BEHALF OF ROSANA VELASQUEZ: The next item was the claim against the City as filed by Joe R. McCray, Attorney at Law on behalf of Rosana Velasquez for alleged personal damages. ROSANA VELASQUEZ CLAIM: (CONTINUED) Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney and Notice be given to claimaint in accordance with Government Code Section 913915.4 and related sections of the Government Code. CLAIM AS FILED BY JOE R. McCRAY ON BEHALF OF ESMAEL VELASQUEZ: The next item was the claim against the City as filed by Joe R. McCray, Attorney at Law, on behalf of Esmael Velasquez alleging damages for injury to property right and invasion of privacy. Councilman Bertucelli moved, seconded by Councilman STeinkamp and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney and Notice be given to claimant in accordance with Govern- ment Code Section 913915.4 and related sections of the Government Code. CLAIM AS FILED BY The claim against the City as filed by the law office of Lyons & Morgan on behalf of LYONS & MORGAN ON BEHALF Nancy Mary Crouch for alleged personal injuries sustained in fall on sidewalk in the OF NANCY MARY CROUCH: vicinity of Orange Memori,~l Park was the next matter for Council's attention. Councilman Bertucelli moved, seconded by Councilman Ahern and regularly carried, that the claim be rejected and referred to the City's insurance carrier and to the office of the City Attorney and Notice be given to claimant in accordance with Government Code Section 913915.4 and related sections of the Government Code. CHANGE ORDERS 5, 6 AND 8 SO. AIRPORT BLVD. IMPROVEMENT PROJECT: The next item was the communication dated July 2, 1971 from Kirker, Chapman & Associates recommending approval of Change Orders 5, 6 and 8 and reimbursement of costs to Freeman-Sondgroth Construction Company on basis of extra work performed on a time-and-material basis - South Airport Blvd. Improvement Project. Accompanying was the Inter=Office Memorandum dated July 13, 1971 from the Director of Public Works recommending Council's confirmation of Change Orders 5, 6 and 8, and authorization of payment to Freeman-Sondgroth Construction Company. Director of Public Works Goss explained the signs which had been permitted on the City's right of way under a revocable permit, stating that the signs had been removed but that the concrete bases had not and it was necessary for the City, in order to pro- ceed with its work, to remove these concrete footings on a time-and-material basis. Discussion then followed concerning reimbursement to the City from the motels who had signs on the City's right of way at which time the City Attorney suggested that demand be made for this reimbursement. Councilman Ahern moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. ACCEPTANCE OF WORK & REQUEST AUTHORIZA- TION TO FILE NOTICE OF COMPLETION - MUNICIPAL SW I MM I NG POOL PROJECT 1971: The next item was the communication dated July I, 1971 from David Mayes, Landscape Architect, advising of work completion and recommending acceptance by the City - LandsCape Improvements - Municipal Swimming Pool Project 1971. Accompanying was the Inter-Office Memorandum dated July 12, 197! from the Assistant Civil Engineer recommending Purchase Order be authorized to cover additional concrete asphalt. Also, accompanying was the Inter-Office MemOrandum dated July 12, 1971 from the Director of Public Works recommending acceptance of work, approval of Purchase Order and requestir authorization to file Notice of Completion. Councilman Mammini moved, seconded by Councilman Bertucelli and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. ACCEPTANCE OF WORK & REQUEST AUTHORIZA- TION TO FILE NOTICE OF COMPLETION - MAGNOLIA RECREATION CENTER FIRE ALARM SYSTEM: The Inter-Office Memorandum dated July 6, 1971 from the Director of Public Works recommending acceptance of work and requesting authorization to file Notice of Completion for the Magnolia Recreation Center Fire Alarm System was the next matter for Council's attention. Accompanying was the Inter-Office Memorandum dated July 13, 1971 from the Fire Chief advising of work completion and approval. Councilman Steinkamp moved, seconded by Councilman Bertucelli and regularly carried, that the recommendations of the Director ~,~ !::ublic Works and Fire Chief be approved and accepted. RELEASE OF BONDS RE- QUEST WEST PARK 3A-F: The next item was the communication ,b~'~d Junc~ .'.~), 1771 from i,h-. !.-ionry Richman, J. H. Snyder Company, requesting release o¢ .%,:~mI !'~,. q752(%] for Construction and Improvement of Common Green in WEst Park 3A-F; and gor~d ;'!o, 075261 for Landscape Architect's fee to prepare landscape specifications and dra~..'i!~"~:. {c~r Comi~c)~ Green in West Park 3A-F. Accompanying Was~t,h_.e Inter-Office Memorandum dated 3dly ~-;,, I]71 from the Landscape Specialist recommending release of ~3onds Nos. 075262 and 07!]261. Councilman Bertucelli moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Landscape Specialist be approved and accepted. iTEMS FROM STAFF: REQUEST TO ADJOURN TO EXECTIVE PERSONNEL SESSION: City Manager Dreisbach requested that Council, upon conclusion of their agenda this evening, adjourn to an Executive Personnel Session. Mayor Borba stated that if there were no objections, the Council would adjourn to an Executive Personnel Session. No objections were registered. ITEMS FROM STAFF: DISCUSSION CONCERNING THE IMPROVEMENT OF CHESTNUT AVENUE TO HILLSIDE BOULEVARD: CITY TREASURER'S STATEMENT: ADJOURNMENT TO EXECUTIVE PERSONNEL SESSION:. RECALL TO ORDER: ADJOURNMENT: Councilman Steinkamp at this time brought to the attention of the City Council the desire of the County to improve Hickey Boulevard with participation by the City. He remarked that all efforts should be directed to the improvement of Chestnut Avenue to Hillside Boulevard and Hillside Boulevard along Randolph Avenue to the freeway. He then moved that the Staff be directed to inform County that we are not interested in the imDrovement of Hickey Boulevard at this time and request them to continue the study of Chestnut Avenue and further extension of Hillside Boulevard across to I01 Highway. Discussion then followed concerning the imDortance of the improvement of Hickey Boulevard in order that it would not be necessary for truck traffic to flow through the City but rather the outskirts. Discussion then followed concerning the use of monies which would be spent for the improvement of Hickey Boulevard to instead be spent for the improvement of Chestnut Avenue. Mention was then made that if the City were to spend its monies on the improvement of Hickey Boulevard, it would not receive any financial assistance for the improvement of Chestnut Avenue. Councilman Bertucelli suggested that a meeting be arranged with the County Board of Supervisors to discuss these improvements. Mr. Harold Scheutte, 31Escanyo Drive, remarked that it Was his understanding that, at the time the Westborough Expressway was proposed, the improvement would go to Hillside Boulevard. Director of Public Works Goss then briefly explained the Nolte Report and the plans which it contained for the extension of these streets. Councilman Mammini then seconded the motion of Councilman Steinkamp after which dis- cussion followed during which time Councilman Bertucelli suggested an amendment to Councilman Steinkamp's motion concerning the use of monies for the improvement of Hickey Boulevard to Chestnut Avenue. Further discussion followed concerning the proposed amendment at which time Councilman Mammini suggested the amendment that whatever money was to be spent on Hickey Boulevard be spent on Chestnut Avenue. Councilman Steinkamp accepted the amendment to his motion as proposed at which time Councilman Mammini included the amendment in his second. Motion as made, seconded and amended, was regularly carried. Mayor Borba at this time stated that the City Treasurer was present earlier at the meeting but because of a prior committment, had to leave earlier. He remarked that Mr. Bonalanza had some comments to make and had left with him his statement which he then read in full. The statement covered the interest earned on the investment of City funds for the following years: 1969-1970 $427,000 plus, not $350~000 or $359,000; 1970-1971 $467,900 plus. The statement further went on regarding a statement in the newspaper published on July 9, 1971 which reported that four phone calls had been made and one letter had been written to the City Treasurer requesting certain information and that no reply had been made, The City Treasurer stated that he received no such phone calls and that all of his phone calls go through the City's switchboard. He further remarked that the letter which he received was received on Monday, July 12, 1971 and carried the post mark of Daly City mailed on Saturday, July I0, 1971 p..m. He concluded by stating that he could not reply to a letter before he ever received it, having received it some days after it had already appeared in the newsDaper. There being no objections, Mayor Borba adjourned the meeting to an Executive Personnel Session at 10:40 p.m. Mayor Borba recalled the meeting to order at 12:36 a.m. with all Council present, stating that the purpose of the Executive Personnel Session was to consider labor negotiations. Councilman Steinkamp moved, seconded by Councilman Mammini and regularly carried that, the meeting be adjourned to Monday, August 2~ 1971. Time of adjournment: 12:38 a.m. APPROVED: RESPECTFULLY SUBMITTED, * The discussions contained in these Minutes are excerpts and not verbatim. The proceedings of this meeting are taped and all discussions are contained therein.