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HomeMy WebLinkAboutMinutes 1964-10-19REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, OCTOBER 19, 1964 TIME: PLACE: CALL TO ORDER: PLEDGE OF ALLEGIANCE AND INVOCATION: ROLL CALL: MINUTES: CLAIMS: PARKING DISTRICT N0. I CLAIMS: BUTLER ROAD ASSESSMENT DISTRICT CLAIMS: PUBLIC HEARING -- REASSESSMENT OF IND. PARK UNIT NO. 3: RESOLUTION NO. 4065 CONFIRMING REASSESSMENT - IND. PARK UNIT NO. 3: 8:00 p.m. Council Chambers, City Hall The meeting was called to order by ~yor Patrick E. Ahem at 8:01 p.m. ' Pledge of Allegiance to the Flag was recited. The invocation was ~iven by Reverend A1Eu~elmann of the Immanuel Baptist ;hur~h in place of Reverend-Kenneth Glenn of the First iSouthern 3aptist Church. Present: Absent: Councilmen Patrick E. Ahem, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, and Guido J. Rozzi. None. Mayor Ahem at this time asked if there was a motion aDprovin~ the minutes of the regular meeting of October 5, 1964. i' - ~ouncilman Rozzi moved, seconded by Councilman Rocca aud regu- larly carried, that the minutes of the regular meetin~ iof Octo- '3er 5, 1964, be approved as submitted. - - ' Mayor Ahem then asked if there was a motion approving!the reg- ular claims as submitted for payment. Councilman Rocca moved, seconded by Councilman Bertuceili and regularly carried, that the regular claims totalin~ $4~,220.11 be approved for payment. Mayor Ahem then asked if there was a motion approving ithe claims :for Parking District No. I as submitted for payment. ~ouncilman Rozzi moved, seconded by Councilman Rocca and regu- larly carried, that the claims as submitted for Parkin_~ No. l, totaling $118.63, be approved for payment. 3utler Road Assessment District Claims: lb) District City of South San Francisco claim dated October 8, 1964, in the amount of $16.40 for monies advanced for Recording fees. Testing Engineers, Incorporated claim dated September 25, 1964, in the amount of $~6.00 for Job inspecti~n,~Butler Road Improvement Job No. 643. lc) Woodward-Clyde-Sherard & Associates claim dated September 26, 1964, in the amount of $46C.75 for soils en_~i~eering in connection with ~rading operations. Id) M. Greenberg's Sons claim dated September 15, 1964, in the amount of $1,518.~5 for fire hydrants. Councilman Bertucelli moved, seconded by Councilman Roclca and regularly carried, that the claims as submitted for the! Butler Road Assessment District be approved for payment. Mayor Aheru declared the Public Heariu~ open on the reassessment of Industrial Park Unit No. 3, as authSrimzed by Resolution No. 4057 adopted September 21, 1964, askiu~ if any written !protests 'nad been' received, to which the City C~erk replied nonei' had been received by his office. Mayor Aherr then asked if auyolne present in the audience wished to register au oral protest. TWere bein_~ .none, Mayor Ahern declared the Public Hearing closed. , Mr. Ernest Wilson, Attorney for the District, stated t~at befOre introduction of the resolution he wculd like to ask Mr.! Sam Nash of the firm of Wilsey, Ham & Blair s few questions. He at this vime asked Mr. Nash if he was associated with the firm lof Wilsey, Ham & Blair, to which Mr. Nash replied he was. He theni asked if .~is firm prepared the map showin_~ the boundaries of thel reassess- ment, to which Mr. Nash replied it did. In answer to Mr. Wilsou's question if the assessments were apportioned according !to benefits and if he was acquainted with the boundaries, Mr. Nash ianswered "yes". He also answered yes to the questions as to wihe~ ther the reassessment contained all of the properties benefited iand that vhere were no properties included which were not benefited. Councilman Rozzi then introduced the resolution entitled: "A RESOLUTION CONFIRMING REASSESSMENT -- INDUSTRIAL PARK U~IT NO. 3". Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahern, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, !and Guido J. Rozzi. Noes, none. Absent, none. 667 RESOLUTION NO. 4066 ASSESEMENTHEDUCTiON CABOT & FORBES IND. PARK, UNIT NO. l: RESOLUTION -- AWARD OF CONTRACT AVALON PARK: RESOLUTION NO. 4067 GRADING PERMIT - CABOT & FORBES (WILSEY,HAM & BLAIR): RESOLUTION NO. 4068 GRADING PERMIT - MERCK & CO., INC.: RESOLUTION NO. 4069 AMENDED ASSESSMENT PERSON & SWANSON LOT 18, BLOCK l: RESOLUTION NO. 4070 COM~NDING PETER A. MARTINEZ - PLANNING COMMISSION: RESOLUTION NO. 4071 BIDS -- AVALON PARK IMPROVEMENT: Mr. Ernest Wilson, Assessment Attorney, explained the resolution and stated that the reduction was a result of the saviu!gs realized ~hrou~h the favorable bids received· Councilman Rocca then introduced the resolution entitled: "A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS - CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 1" Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, and Guido J. Rozzi. Noes, none. Absent, none. Compilation of Bids received from the Superintendent of Parks and Recreation for work to be done in Avalon Park, to~etheri with a resolution entitled: "A RESOLUTION OF AWARD OF C6NTRACT - AVALON PARK". City Attorney Noonan stated that since no Bid Bond was received with the ~id of the low bidder it was his recommeudation that the first bid not be accepted· He further commented that COuncil could then accept the next lowest bid or reject all bidls and call for new bids. Councilman Bertucelli then moved, seconded by Councilman Rocca and regularly carried, that all bids be rejected and a icall for new bids be made. Grading Permit Application received from Cabot, Cabot ~ Forbes California Properties, Inc. (Wilsey, Ham & Blair). Iuter-0ffice Memorandum dated October 14, 196~, from tb~e Director of Public Works recommending issuance of the Grading Peirmit. ,ity Attorney Noonan explained the resolution which ha~ been pre- .oared, after which Councilman Rozzi introduced: "CITY !COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE CF CALIFORNIA - A RESOLUTION AUTHORIZING ISSUANCE OF A GRADING PHRMIT TO CABOT, CABOT & FORBES AND WILSEY, HAM & BLAIR" · Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, iand Guido J. Rozzi. Noes, none. Absent, none. ~radzu~ Permit Application received from Merck & Co., ~nc Inter-Office Memorandum dated October 14, 1964, from the Director of Public Works recommendiu_~ issuance of the Grading_ Permit. .~ity Attorney Noonau explained the resolution, after which Coun- cilman Bertucelli introduced: "CITY COUNCIL, CITY OF ~OUTH SAN FRANCISCO, STATE OF CALIFORNIA - A PESOLUTION AUTHORIZING ISSUANCE .DF A GRADING PERMIT TO MERCK & CO., INC. (MARINE PLANT)i". Roll call vote was as follows: Ayes, Councilmen Patricik E. Aheru, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, iand Guido J. Roz~i. Noes, none. Absent, none. City Attorney Noonan explained the next resolution, after which $ouncilman Rozzi introduced: "CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA - A Pw. SOLUTION ORDERING !THE FILING OF AN AMENDED ASSESSMENT - PERSON & SWANSON INDUSTRIAL ~TRACT, LOT 18 BLOCK 1". Roll call vote was as follows: Ayes, Councilmen Patrick E. Ahem, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, land Guido J. Rozzi. Noes, none. Absent, none. City Attorney Noonan explained the text resolution, after which Councilman Rocca introduced: "CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA - A RESOLUTION COMMENDING PETER A. MARTINEZ FOR HIS SERVICES TO THE CITY AND AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF RECOGN-TION". Roll call vote was as follows: Ayes, Councilmen PatriCk E. Ahern, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, land Guido J. Rozzi. Noes, none. Absent, none. City AttorneN Noonan explained the next resolution, after which Councilman Rozzi introduced: "CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA - A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE WORK AND CALLING FOR BEDS ON THE IMPROVEMENT: AVALON PARK". Roll call vote was as follows: Ayes, Councilmen PatriCk E. Ahem, Frank Bertucelli, Emilio CorVesi, Andrew Rocca,~and Guido J. Rozzi. Noes, none. AbsenZ, none. 668 RESOLUTION N0. 4072 WESTBOROUGH VARIANCE WEST PARK NOS. 1 & 2: BLUME & ASSOCIATES REQUEST - ADDITIONAL ENGINEERING FEES PERSON AND SWANSON INDUSTRIAL TRACT: WESTBOROUGH WATER DISTRICT: City Attorney explained the next resolution ready for COuncil's action, after which Councilman Rocca introduced: "CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA - A RESOLUTION GRANTING A VARIANCE IN WESTBOROUGH - WEST PARK UNIT NO. !l AND -/NIT NO. Roll call vote was as follows: Ayes, Councilmen Patrick E. Aheru, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, and .~uido J. Rozzi. Noes, none. Absent, none. The next item for Council attention was the claim of John A. Blume & Associates, Engineers, for extra compensation for work done in the Person and Swanson Industrial Tract, submitted by S~verson, Zang, Werson, Berke & Larson, Attorneys, in their lette~ dated September 15, 1964. (Continued from the previous meeting) City Attorney Noonan stated that the Attorney for the claimant filed a telegram with him which the claimant's Attorney]requested se read into the minutes and be made part of the record~ He then 'read the telegram, as follows: "JOHN NOONAN, ESQ, CITY|ATTORNEY, CITY HALL SOUTH SAN FRANCISCO CALIF - RE: CLAIM OF JOHNiA. BLUME ~ ASSOCIATES, ENGINEERS V. CITY OF SOUTH SAN FRANCISCO IN VIEW OF YOUR ADVICE THAT PERSON & SWANSON, WHO ARE THE PARTIES IN PRINCIPAL ECONOMIC INTEREST, HAVE REQUESTED REJECTION OF OUR ~LAIM IN ORDER THAT THE MATTER BE RESOLVED BY LITIGATION,' AND FURTHER IN VIEW OF YOUR SUGGESTION THAT YOU WILL ADVISE I THE CITY COUNCIL NOT TO TAKE AN INDEPENDENT POSITION IN THE MATTER OTHER THAN EITHER ONE ACCEPTABLE TO MY CLIENT AND TO PERSON & SWANSON, OR OTHERWISE AS DETERMINED BY THE COURTS, WE BELIEVE THAT NOTHING WILL BE GAINED BY MAKING A FURTHER PRESENTATION TO THE CITY COUN- CIL AT THIS TIME ON BEHALF OF MY CLIENT. WE WILL THEREFORE NOT APPEAR AT THE COUNCIL MEETING TONIGHT BUT WISH IT UNDERSTOOD THAT NONAPPEARANCE IS BASED UPON THE ABOVE CIRCUMSTANCES AND DOES NOT .~_EPRESENT ANY ABANDONI~ENT OR CONCESSZON OF WEAKNESS OF OUR CLAIM. WOULD APPRECIATE YOUR PLACING THIS STATEMENT IN THE RECORD. KURT W. MELCHIOR. The City Attorney then asked that the record also show Shat the recommendation to reject the claim is also based ou Bond Counsels' recommendation; that of John Lynch of the firm of WilsOn, Harz- feld, Jones and Morton, as well as his own recommendation, the claim be rejected as provided for iu Section 912.6 of the Govern- Tent Code. Councilman Rocca so moved, seconded by Councilman Rozzi~ ~aud regu- larly carried. The next item for Council attention was a letter dated October 8, 1964, from the Westborough Homeowners Improvement Association con- cerning the matter of the Westborough Water District. Mayor Ahem asked if there was anyone present who wished to speak on the matter. Mr. Ray Vetterlein, President of the Westborough Homeowners Improvement Association, residing at 2505 Bantry Lane, read the following statement to Councils "PRESENTATION OF WESTBOROUGH HOMEOWNERS ASSOCIATION BEFORE SOUTH SAN FRANCISCO CITY COUNCIL OCTOBER }9, 1964" "When present homeowners in Wesvborough purchased our homes, we were unaware that the developer had set up a water district to issue bonds for the installation of water and sewage lines and storm drains. Personally I was told (as were other homeowners) by representatives of the Callau interests that all utilities were in and paid for. It was not until we investigated our taxes that we uncovered the general obligation bonds. By this time, $1,500,000 of the bonds had been issued. "The Westborough Homeowners Association has been w0rkiug on and studying this problem for over a year. We have already sub- mitted to you our analysis of the background of the water district as well as the r~port of our water district study committee. This study committee is composed of au attorney, an eugiueer~ au archi- tect and a controller. We also sougat outside, professional ad~ vice (representatives of other water and sanitation districts, municipal officials, etc.). "In all cases, the answer was tae same - the water district' should not be required to finance the developer. "Also we are concerned about new residents: Will Westpark residents have to pay higher ~ices for their homes due to the de- veloper paying these costs and also ~ay taxes which would pay part of the costs for oresent residents? ~ 669 WESTBOROUGH ~TATER DISTRICT: ( C ONT rNUED ) STREET RENAMING WESTBOROUGH UNIT NOS. lA, lC, & 2: FINAL MAP - CABOT & FORBES IND. PARK UNIT NO. 1 P.C. RES0. NO. 1784: FINAL MAP - SSF IND. PARK UNIT 3B: P.C. RESO. N0. 1785: "We found that this would not be the case. The price the developer gets is determined by the market. There is no indica- tion that the developer would sell for less because of Ithe water district paying for utilities. "A ~ood case in point is the recent sale by the Callan in- terests of some 350 lots at aporoximately $8,000 each - lots averagin~ 50 x 100 feet in size, without the sewer lines, water and storm drains bein~ paid for by the Callan interests. It is purported that Foxrid~e knew no more than we did about ithe water district when they purchased their Zand. In effect, it is safe to assume the market price per lot.~till would have been $8,000 if the Callan interests had installed ~nU paid for the iutilities, instead of the water district doing so. ~ "We see this in three ways: (') Foxrid~e homeowners in the purchase price of their homes paid an amount that should have in- cluded water and sewer lines. (2) Foxrid~e homeowners~now pay high taxes for these utilities and (3) This had the affect of zivinm ~the Callan interests several hundred thousand d~l~tars .~rofi~ - a profit on money put up by the water distric~ - a profit they could not have made without said water district. "What would stop a developer ir. Westpark from doin~ the same thine? Absolutely nothing. A further argument for the pay-as- you-go plan is that of fairness to few residents. Present home- owners are carryinm a large tax load now for water and sewage ($1.44 per $100) w{th a ~$od prospect this will be increased dur- ing the next two or three years. No matter what happens, present homeowners are bearin~ the capital costs for this district. New developments will reduce this tax load - if we do not expand our oonded indebtedness beyond its present $1,500,000. NeW areas will bring our water tax down to approximately $.35 pe~ $100 for ooth present and future residents ard of course this w~ll drop further as more land is developed. "You gentlemen already have copies of the report of our study committee. This has been overwhelmingly approved by residents of Westborou~h. The people of Westborough do not want any more bonds issued. They do not want to be partners with the Callans in West- oark. They want a water board which represents the people and not the developer. ; "To date a majority of the hand-picked Westborou~ Water Board (with the exception of Mrs. G. Toby who was elected) ~Hows little indication of caring about the wishes of its constltueUts. We need your help and advice. Respectfully submitted, /s/ Ray Vetterleiu Ray Vetterlein, President" Upon completion of Mr. Vetterlein's statement, he distributed cop- ies to Council for its use. Nayor Ahem remarked that the statement and their letter would be taken into consideration by Council. No further Council action ~as taken. Inter-Office ~Memorandum dated October 9, 196~, received from the Chief Building Inspector coucernin_¢ the renamiu¢_ of Streets in Westborou_~h, Unit Nos. l-A, l-C, and There being no objections, Mayor Ahem referred this m~tter to the City Attorney for preparation of a resolution for the next meetin_¢ of the City Council. ' Resolution No. 1784 received from the Plauuin~ Commission en- titled: "RESOLUTION OF THE PLANNING COMMISSI~N OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING TO THE CITY COUNCIL 0h- THE AC- CEPTANCE OF THE FINAL SUBDIVISION MAP OF CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. I AS SUBMI_~fED BY CABOT, CABOT & FORBES". There being no objections, Mayor Aheru deferred this item to the next regular meeting. Resolution No. 1785 received from the Plaunin¢ Commission en- titled. RESOLUTION OF THE PLANNING COMMISSI~N OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING TO THE CITY COUNCIL ON THE AC- CEPTANCE OF THE FINAL SUBDIVISION MAP OF SOUTH SAN FRANCISCO INDUSTRIAL PARK UNIT 3B AS SUBMITTED BY CABOT, CABOT & FORBES". There being no objections, Mayor Ahern deferred this item to the next regular meeting. 670 VARIANCE REQUEST STREET WIDTH - ~STBOROUGH: MONTHLYREPORTS: DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL: GOOD AND WELFARE: AD JOURNMENT: Inter-Office Memorandum dated October 13, 1964, received from the Director of Public Works to the City Attorney concernin~ Plannin~ ~ommission Resolution No. 1781 - Variance Request of WeStborou~h Homes Inc. on Street width. ~his item havin~ been acted on earlier under Resolutions, no fur- ther action was taken. Monthly Reports for the month of September, 1964, were received from the following: Buildin~ Inspection Department Fire Department Library Police Department Taere being no objections, Mayor Ahem ordered the reports ac- cepted and placed ou file. Tae following application was received from the Department of Alcoholic Bevera_~e Control: Application filed by Brentwood Markets, Inc. for Off Sale General at 24c~ Kenwood Way. Taere being no objections, Mayor Ahem ordered the report placed on file. Taere bein_~ nothing further, Mayor Ahem asked if any member of ~ae City Council had anythin_~ they wished to offer under Good and Welfare. There bein_~ none, he then asked if anyone iin the audience had anything they wished to offer. Nothin_~ was offered from the audience. Councilman Rozzi then moved, seconded by Councilman Bertucelli and reCularly carried~ that the meeting be adjourned to Monday, November 2, 1964, at 8:00 p.m. Time of adjournment: 8:22 p.m. RESPECTFULLY SUBMITTED, City Clerk