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HomeMy WebLinkAboutMinutes 1965-06-28NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN, pursuant to the Government Code of the State. of California, of a special meeting called for Monday, June 28,~1965, at 5:30 o'clock p.m. in the Council Chambers, City Hall South San Francisco, California. The purpose of the meeting is to receive, consider, and vote on the following matters: Petition for the Acquisition and Construction of Improvements by Special Assessment and Assessment Bond Acts, and Waiver of Proceedings Under Division 4 of the Streets and Highways Code - Cabot, Cabot & Forbes Industrial Park, Unit No. 2. Supplement to Petition for the Acquisition and Construction of Improvements by Special Assessment and Assessment Bond,:Acts, and Waiver of Proceedings Under Division 4 of Streets and Highways Code - Cabot, Cabot & Forbes Industrial Park, Unit No. 2. Resolution Authorizing Execution of an Agreement Between Land Owners, and Declarations Concerning Responsibility in Connection with Improvement Work, Establishing Covenants Running with the Land. A Resolution Determing to Undertake Proceedings Pursuant to Special Assessment and Assessment Bond Acts for the Acquisition and Construction of Improvements Without Proceedings Under Division 4 of the Streets and Highways Code - Cabot, Cabot & Forbes Industrial Park Unit No. 2. 5. A Resolution Appointing Engineers and Attorneys - Cabot, Cabot & Forbes Industrial Park Unit No. 2. 6. A Resolution of Intention to Acquire and Construct Improvements - Cabot, Cabot & Forbes Industrial Park Unit No. 2 Dated: June 25, 1965 /s/ Frank J. Bertucelli Mayor SPECIAL MEETING HELD MONDAY, JUNE 28, 1965 TIME: PLACE: ROLL CALL: RESOLUTION NO. 4233 CABOT NO. 2: LANDOWNERS AGREEMENT (COVENANTS) The meeting was called to order by Mayor Frank J. Bertucelli at 5:43 p.m. Counci; Chambers, City Hall Present: Absent: Councilmen Frank J. Bertucelli, Patrick E. Ahern, Emilio Cortesi and Guido J. Rozzi Andrew Rocca Mayor Bertucelli remarked that the special meeting had been called on the matter of Cabot, Cabot & Forbes Industrial Park Unit No. 2. He, at this time, asked the City Attorney if everything was satisfactory in so far as the interests of the City was concerned. City Attorney Noonan replied that Howard Ellman and Ernest Wilson, attorneys for Cabot, Cabot & Forbes, did the work on the matter after a series of meetings with him. He commented that a Supplemental Petition in addition to the first one had been filed with the City. He explained the various documents which had been prepared concerning the matter, remarking that they were stronger in language than those which he had written. He, at this time, requested that the records show that the City received a Petition entitled: "PETITION FOR THE ACQUISITION AND CON- STRUCTION OF IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, AND WAIVER OF PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE - CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 2" which was dated August 25, 1964 and which was signed by Paul P. Shepherd and Bethlehem Steei Company and a Supplemental Petition entitled: "SUPPLEMENT TO PETITION FOR THE ACQUI- SITION AND CONSTRUCTION OF IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, AND WAIVER OF PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE - CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 2." dated 3une 24, 1965 which was also signed by Paul P. Shepherd and Bethlehem Steel Company. Mayor Bertucelli then requested that the records show petitions mentioned had been received. City Attorney Noonan then explained the first resolution which was ready for introduction and adoption, after which Councilman Rozzi introduced: "~ RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN LANDOWNERS, AND DECLARATIONS CONCERNING RESPONSIBILITY IN CONNECTION WITH IMPROVEMENT WORK, ESTABLISHING COVENANTS RUNNING WITH THE LAND - CABOT, CABOT & FORBES INDUS- TRIAL PARK UNIT NO. 2." Councilman Ahem at this time made the following comments: This may be one of the best projects Cabot, Cabot & Forbes ever built. You may believe it and the engineers too -- and I respect your opinion. You may be right and I may be wrong. I hope that you are right, but I cannot vote for RESOLUTION NO. 4233 CABOT NO. 2 = (CONTINUED) LANDOWNERS AGREEMENT (COVENANTS) RESOLUTION NO. 4234 CABOT NO. 25 UNDERTAKE PROCEEDINGS RESOLUTION NO. 4235 CABOT NO. 2: APPPOINTING ENGINEERS/ATTORNEYS RESOLUTION NO. 4236 CABOT NO. 2~ ACQUIRE/CONSTRUCT IMPROVEMENTS it. I think that the City should not back a developer this far. I think that borrowing money and liability are his problem and for this, he should realize a profit. I have thought about both sides of this question for a ~ng time and have to vote the way that I honestly feel. We as Councilmen do not have the right to risk City's money or credit on such a project after reading the soil report. Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Emilio Cortesi., Guido J. Rozzi. Noes, Councilman Patrick E. Ahern. Absent, Councilman Andrew Rocca. City Attorney Noonan then explained the next resolution which was ready for Council introduction and adoption, after which Councilman Rozzi introduced: "A RESOLUTION DETERMING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESS- MENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IM- PROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE - CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 2." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Emilio Cortesi, Guido 3. Rozzi. Noes, Councilman Patrick E. Ahern. Absent, Councilman Andrew Rocca. City Attorney Noonan then explained the next resolution which was ready for Council introduction and adoption, after which Councilman Rozzi introduced: "A RESOLUTION APPOINTING ENGINEERS AND ATTORNEYS - CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 2." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Emilio Cortesi, Guido 3. Rozzi. Noes, Councilman Patrick E. Ahem. Absent, Councilman Andrew Rocca. City Attorney Noonan then explained the next resolution which was ready for Council introduction and adoption, after which Councilman Rozzi introduced: "A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS - CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. ~." Roll call vote was as follows: Ayes, Councilmen Frank J. Bertucelli, Emilio Cortesi, Guido 3. Rozzi. Noes, Councilman Patrick E. Ahem. Absent, Councilman Andrew Rocca. City Attorney at this time expressed his thanks to Attorneys Howard Ellman and Ernest Wilson for their assistance in this matter. There being nothing further, Mayor Bertucelli adjourned the meeting. Time of adjournment: 5:52 p.m. RESPECTFULLY SUBMITTED, APPROVED: Mayor