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Minutes 1973-01-02
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD TUESDAY, JANtJARY 2, 1973 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLE- GIANCE AND INVOCATION: ROLL CALL: MINUTES: REGULAR CLAIMS: , 12/18/72 8:00 p.m. Council Chambers, City Hall. Mayor Mammini called the meeting to order at 8:14 p.m. The Pledge of Allegiance to the Flaq was recited after which the Invocation was given by Reverend Father Daniel Der~of St. Veronica's Catholic Church. Present: Absent: Councilmen Patrick E. Ahe~n, C~rdon T. Boblitt, William A. Borba, F. Frank Mammini and Warren Steinkamp None Mayor Mammini asked if there was a motion approving the Minutes of the regular meeting of December 18, 1972. Councilman STeinkamp moved, seconded by Councilman Ahern and regularly carried, that the Minutes of the regular meeting of December 18, 1972 be approved as submitted. Mayor Mammini abstained from voting, stating he was not pre6ent at the meeting. Mayor Mammini next asked if there was a motion approving the regular claims as submitted for December 18, 1972. Councilman Ahern commmented that he had requested breakdowns on the billing of VTN and had not as yet received this breakdown. Discussion followed after which Councilman Ahern moved that a City engineer be hired and terminate the VTN contract. Councilman Borba seconded the motion. Mayor Mammini stated that Council had before them the approval of the claims and that this motion was out of order and at a later time, it would be in order. Lengthy discussion followed at which time, Mayor Mammini suggested that a motion be adopted that all claims be approved, including those of VTN. Councilman Borba stated he would vote "No" on the claims of VTN and luncheon bills. Councilman Ahern suggested that all claims be approved with the exception of those which were under question and that these be held over. Further discussion followed after which Councilman Steinkamp moved that the list of claims as submitted for December 18, 1972 be honored and paid, seconded by Councilman Boblitt. Motion as made and seconded was regularly carried. Councilman Borba voted "No" on the YTN and luncheon bills and Councilman Ahern voted "No" since he had asked for a breakdown and had not as yet received it. Councilman Ahern stated that he would move to do right by the City and the first thing, go out and get a City Enqineer post haste and do what we can to terminate this YTN contract. Councilman Borba seconded the motion followed bv discussion, with Councilmen Ahern and Borba voting "A~es' and Councilmen Boblitt, Mammini and STeinkamp voting ~Noes." REGULAR CLAIMS (CONT I NUED) REGULAR CLAIMS I/2/73: PARKING DIST. NO. I CLAIMS: C.C. & F. #3 CLAIMS: PUBLIC HEARING APPEAL - FRONT YARD LANDSCAPING PLANNED COMM.: RESO REGARDING SALARY SCHEDULE & INCREASES: RESO. NO. 6003 IN MEMORY OF PRES I DENT HARRY TRUMAN, DECEASED: Mayor Mammini at this time stated that he would like to propose a motion that since there was a question in the minds of both Councilmen Ahern and Borba, he would suggest a Study Session to review theYTN contract and its validity, and asked if he had a second to the motion. Councilman Ahern stated that he would second the motion if the meeting were public to which the Mayor stated that it would be a public meeting. Motion as made and seconded was regularly carried. The next item was the regular claims as submitted for January 2, 1973. Councilman Steinkamp moved that the regular claims, totaling $33,549.71, be approved for payment. Councilman Borba asked if there were any YTN claims included, to which it was replied that there were none. Councilman Borba seconded the motion which was regularly carried. Mayor Mammini then asked if there was a motion approving the claims as submitted for Parking District No. I for payment. Councilman Borba moved, seconded by Councilman Steinkamp and regularly carried, that the claims, totaling $2,402.13, as submitted for Parking District No. I, be approved for payment. Cabot, cabot & Forbes Industrial Park, Unit No. 3 Claims: Wilsev & Ham claim dated December 13, 1972 in the amount of $293.43 for Engineering Services. Councilman STeinkamp moved, seconded by Councilman Poblitt and regularly carried, that the claim as submitted for Cabot, Cabot & Forbes Indus- trial Park, Unit No. 3, be aporoved as submitted. The next matter for Council's attention was the Appeal from Planning Commission Policy Statement regarding Frontyard Landscaping in the Planned Community and Planned Unit Development which had been continued as a Public Hearing f-r~mthe regular meeting of December 4, 1972. City Attorney Noonan stated that a communication had been received from the City Planner, Daniel Pass, who stated that the appellant had called him to withdraw the appeal. Mayor Mammini then stated that the Public Hearing would be withdrawn. The first resolution was entitled: "A RESOLUTION ESTABLISHING SALARY SCHEDULES AND INCREASES FOR THE FISCAL YEAR 1972-73." MaYor Mammini stated that, if there were no objections, he would like to have the matter continued and included in the public Study Session with the VTN matter since he had:not had the opportunity to review the resolution. Discussion followed concerning the date for the Study Session meeting after which, there being no objections, it was scheduled for January 29, 197~, at 7:30 p.m. Councilman Borba introduced the resolution in ~emory of the late President Truman and which was entitled: "A RESOLUTION IN MEMORY OF PRESIDENT HARRY S. TRUMAN, DECEASED." Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Gordon T. Boblitt, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes,:.none. Absent, none. -2- I/2/7~ CLAIM AS FILED BY PETER SACO: The next item was the claim as filed against the CIty by Peter Saco for alleged damages to his vehicle as a result of collision with City- owned truck. Councilman Steinkamp 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 glven to claimant in accordance with Government Code Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BY JOHN PUTKEY, ESQ. ON BEHALF OF M. MACDONALD: The next claim for Council's attention was one as filed by John A. Putkey, Attorney at Law, on behalf of Michael MacDonald, by Wallace MacDonald, his father, for alleged personal injuries sustained at recreational area of City. Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the claim be rejected ~nd 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 Sections 913, 915.4 and other related sections of the P~vernment Code. CLAIM AS FILED BY SCAMPINI, MORTARA & HARRIS ON BEHALF OF CHARLES & GRACE PEELEP' The next item was the claim as filed by Scampini, Mortara & Harris, Attorneys at Law, on behalf of Charles and Grace Peeler for alleged damages as a result of flooding. Councilman Ahern moved, seconded by Councilman Boblitt 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 Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BY SCAMPINI, MORTARA & HARRIS ON BEHALF OF MAZZANTI CARNA- TIONS, INC.: The next matter for Council's attention was the claim as filed by the law office of Scampini, Mortara & Harris on behalf of Mazzanti Carnations, Inc.. for alleged damages as a result of Colma Creek overflow. Councilman Steinkamp 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 Sections 913, 915.4 and other related sections of the Government Code! CLAIM AS FILED BY SCAMPINI, MORTARA & HARRIS ON BEHALF OF GEORGE UCCELLI: The next item was the claim as filed by ScamD,~ni, Mortara & Harris, Attorneys at Law, on behalf of George Uccelli for alleged flood damages. Councilman Steinkamp 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 Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BY SCAMPINI, MORTARA & HARRIS ON BEHALF OF WELCH; SMITH; EL CAMINO GOLF CLUB, INC.: The next claim for Council's consideration was filed by Scampini, Mortara & Harris on behalf of Joseph W. Welch, Robert E. Smith, El Camino Golf Club, Inc., for alleged damages as a result ~f flooding. Councilman Ahern moved, seconded by Councilman Boblitt 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 Sections 913, 915.4 and other related sections of the P~vernment Code. CLAIM AS FILED The next item was the claim as filed by Dinkelspiel & Dinkelspiel, BY DINKELSPIEL & Attorneys at Law, on behalf of Lang & Company for alleged damages to DINKELSPIEL ON BEHALF OF LANG & COMPANY: oersonal property as a result of flooding. Councilman Steinkamp moved, seconded by Councilman Borba 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 Sections 913, 915.4 and other related sections of the Government Code. - 3- I/2/73 i88 CLAIM AS FILED BU McCARTHY & PERI LLAT ON BEHALF OF RALPH LARSEN & SON, INC.: The next item was the claim as filed by McCarthy & Perillat, Attorney at Law, on behalf of Ralph Larsen & Son, Inc., for alleged damages as a result of overlow of Colma Creek. Councilman Boblitt 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 ~vernment Code Sections 913, 915.4 and other related sections of the C~vernment Code. CLAIM AS FILED The next claim as filed against the City by S & © Construction Co.. BY S & Q for alleged damages as a result of flooding was the next matter for CONSTRUCTION CO.: Council's consideration. Councilman Boblitt moved, seconded by Councilman Steinkamp and regularly carried, tha~'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 Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BY JOHN PUTKEY ON BEHALF OF WILLIAM AND PATRICIA ACHZIGER: The next item was the claim as filed bv John A. Putkey, Attorney at Law, on behalf of William and Patricia ~chziger' for alleged damages as a result of flooding. Councilman Boblitt 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 C~vernment Code Sections 913, 915.4 and other related sections of the Government Code. CLAIM AS FILED BU JOH~PUTKEY ON BEHALF OF PHILIP AND FLORENCE SCANNELL: The next matter was the claim as filed by John A. Putke¥, Ese., on behalf of Philip 'and Florence Scannell for alleged flood damages. Councilman Boblitt 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 Government Code Sections 913, 915.~ and other related sections of the Government Code. CLAIM AS FILED BY JOHN PUTKEY ON BEHALF OF ALBERT AND WANDA TROY: The claim against the City as filed by John A. Putkey, Esq., on behalf of Albert and Wanda Troy for alleged damages as a result ot flooding of Colma Creek was the next matter for Council's attention. Councilman STeinkamp moved, seconded by Councilman Ahern and regularly carried, that the claim be rejected and referrea 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 Sections 913, 415.4 and other related sections of the Government Code. CLAIM AS FILEu BY JOHN PUTKEY ON BEHALF OF ARDEN AND GENAVE REISSER: The next item was the claim as filed by John A. Putkey, Attorney at Law, on behalf of Arden and C~nave Reisser for alleged damages as a result of flooding. Councilman STeinakmp moved, seconded by Councilman Boblitt 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 C~vernment Code Sections 913, 915.4 and other related sections of the C~vernment Code. CLAIM AS FILED BY JOHN PUTKEY ON BEHALF OF ANNA BAILLIE: The next matter was the claim as filed by John A. Putkey, Esq., on behalf of Anna Baillie for alleged damages as a result of Cotma Creek flooding. Councilman STeinkamp 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 Sections 913, 915.4 and other related sections of the Government Code. - 4 - I/2/73 CLAIM AS FI LED BY JOIN PUTKEY ON BEHALF OF Gl LBERT AND BEBORAH LUCERO: The next item was the claim as filed by John A. Putkey, Esq., on behalf of Gi!bert and Deborah Lucero for alleged flood damages. Councilman Steinkamp 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 ¢~vernment Code Sections 913, 915.4 and other related sections of theC~vernment Code. CLAIM AS FILED The claim as filed by John A. Putkey, Esq., on behalf of Seward and BY JOHN PUTKEY Dorothy McDaniels for alleged damages due to flooding was the next item ON BEHALF OF for Council's consideration. SEWARD AND DOROTHY McDANIELS:Councilman Ahern 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 Government Code Sections 913, 915.4 and other related sections of the Government Code. LETTER OF RESIG- The next item was the letter of resignation from the Colma Creek NATION - COLMA Advisory Committee dated December 14, 1972 from Mr. F. D. Minucciani. CREEK ADVISORY COMMITTEE - F. D. Mayor Mammini accepted the resignation after which he requested the MINUCCIANI: ACCEFiA;~CE OF COMMON GREENS FOR MAINTENANCE STONEGATE RIDGE UNIT NO. I: Members of the City Council to submit names of individuals who might fill this ~acancy. The next item'was the report regarding Acceptance of Common Greens for Maintenance - Stonegate Ridge Unit No. I. Director of Ecological Development Fred Hull stated that the improvements were ready for acceptance by the City after whic~ Councilman Steinkamp moved, seconded by Councilman Ahern and regularly carried, that the recommendation of Director of Ecological Development be approved and accepted. ENDORSEMENT RE- QUEST OF SO.S.F. TRANSIT:~ff"/,~'].~ ITEMS FROM STAFF: ADJOURNMENT RE- QUEST TO 1/10/73: At the request of Mayor Mammini, the City Clerk read the letter dated January 2, 1973 from Bay View Federal Savings and Loan Association concerning the matter of bus'transporation. The next matter was Items from Staff. City Manager Dreisbach requested Council to adjourn this evening's meeting to 6:30 p.m., January I0, 1973, to interview applicants to the Park and Recreation Commission and to conduct any other business which might be necessary. ITEMS FROM COUNCIL: COMPLAINT RE BLDG. PERMIT- BROSNAN .. The next matter was Items from Council. Councilman Borba at this time brought to the attention of the City Council a letter which had been received from Mr. Brosnan stated that his project had been delayed for some time. This concerned a permit to construct a six-unit apartment building at 523 Commercial Avenue. Mr. Brosnan was agreeable to the matter being studied by the City Attorney who would have a report by the end of the week. COMMENTS RE MORATORIUM TO BLDS. IN NEIGHBORING CITIES: GOOD & WELFARE: Councilman Borba next brought to the attention of the City Council the matter of moratorium to building in the neighboring cities which con- tributed to the water problems, requesting information in this regard. City Attorney Noonan reported that Council earlier had adopted a reso- lution which had been filed with the Board of Supervisors regarding the water in Colma Creek and that this resolution acted as a sort of in- junction..type item. He further stated that he would follow up in this regard. Susan Leveroni, 446 Granada Drive, asked as to whether or not the resi- INQUIRY RE VOTING dents of the City would have the opportunity to vote on the matter of ON IMPROVEMENTS: the police station site as well as other matters such as the improvement ~-I 53 of the marina which would have an effect on the city's tax rate. - 5 - I/2/73 GOOD & WELFARE: (CONT I NUED) ADJOURNMENT: City Manager Dreisbach in detail explained Senate Bill 90 which froze taxes which could be levied by the cities, that a research was being made by the city's legal staff and that the residents would be kept informed. ...Since there was nothing further, Councilman Steinkamp moved, seconded by Councilman Boblitt and regularly carried, that the meeting be adjourned ' to 6:30 p.m., January I0, 1973. Time of adjournment: 9:10 n.m. APPROVED: RESPECTFULLY SUBMITTED, City Clerk I/2/73