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HomeMy WebLinkAboutMinutes 1952-07-21PLACE: TIME: CALL TO ORDER: ROLL CAT.T.: BIDS, INDUSTRIAL ACRES: OFFICER GARDNER APPOINTMENT: SPECIAL OFFICER GIESEKER: PLANNING C C~SSION WILMS PETITION: REGULAR Mm~I~iNG OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY JULY 21, 1952 Council Chambers, City Hall 8p.m. The meeting was called to order at 8:31 p. m. by Mayor Cortesi. Present: Absent: Councilmen John Noonan, Adolph Sani, Emilio Cortesi, Joseph Bracco, Telford Smith None City Clerk having forwarded copy of the minutes of the previous meeting to all councilmen, Mayor Cortesi asked if there were any errors or omissions. There be- ing none, the minutes were approved as submitted. On motion of Councilman Sani, seconded by Councilm~n Bracco and regularly carried, bids submitted ou the Industrial Acres street improvements were ordered opened. Bids were read by the City Clerk. A con~aunication was received from the office of the Chief of Police advising the appointment of Phillip Maitland Gardner as police officer. On motion of Council- man Sani, seconded by Councilman Bracco and regularly carried, appointment was approved and confirmed. Appointment of Walter Bill Gieseker was received from the office of the Chief of Police, appointing Mr. Gieseker as Special Police Officer for the Stoueson property in Wtuston Mauor. On motion of Councilman Bracco, seconded by Councilman Sani and regularly carried, the appointment of Walter Bill Gieseker was approved with uo remuneration from the city. Petition on Martin Wilm~ and Resolution of the Planning Commission was read. Councilman Sani moved, seconded by Councilman Bracco, that the reconmandation of the Planning Commlssiou be accepted. At this point, Councilman Noonau asked that a roll call vote be taken. Councilman Smith stated he could not see why the Plan- ning Commission had denied the rezoniug. If the request is denied it would leave the area only for residential. Mayor Cortesi asked one of the Planning Co~m~ssion- ers for a few words. Mr. Thomas Kay of the Planning Commission stated that he could not see how the zoning, if changed, could benefit the city or where it would benefit the business areas already present. Counci.lmau Smith stated that if we regulate competition, we are overstepping our duties. We cannot regulate compet- ition. On this basis Councilman Smith s~tated, it would be unjust to deny the re- quest of Mr. Wilms. Councilman Sani stated that when Mr. Wilms first bought the land he stated to the council at that time that the parcel mentioned was to be used for the construction of a motel. The motel instead was built in Millbrae. Mr. Sani further stated that Mr. Wilms' idea was always for business property such as he has ideas ou now. Mr. Wilms at this point stated that his concern took land overgrown with shrubs and trees that uo one wanted. Also that the land concerning the five acres men- tioued could not be used regardless by the Wilms concern without some legal action because of the condemnation proceedings against it. He further stated that what Wilms had done iuMillbrae is uo bearing on this action because that they had to utilize what property they had to keep going. Mr. Kay requested at this time to have Mr. Smith explain to him what was meant by the term "to regulate competition". Mr. Smith in reply to Mr. Kay stated that it was not the duty of the Council to say whether or not business can be established for competition against the Brent- wood Company. Mr. Wilms then stated that he had received a letter from the office of the City Mauager stating that the zoning would be changed to C-1. In reply toMr. Wilms, Mr. McClung stated that Mr. Wilm~, father came to the council and made certain committments so that property could be arranged. This entailed the purchase of a house and its removal by Mr. Wilms, so that street access could be made available. Councilman Noonan spoke regarding the master plan of the Planning Commission being based on some logic reasoning. At the time that plans were made, economic factors existed to allow Zoning of C-l, and now they do not exist. He further stated that he was confused and felt that a meeting should be held between both b6dies for thrashing But this matter. Councilman Noonan pro- posed that the Board sit as a Board of Inquiry to find out what facts they could. Mr. Wilms further stated he could not see any stores iu the Brentwood area that were vacant as was stated by Mr. Kay. Iu fact, a new building was being constructed in the Brentwood subdivision at the time. Councilman Smith asked the question as to what the Tanforan property is zoned for. City Mauager McClung stated 100 feet back from the Highway, it was zoned R-B, the rest was zoned R-1. Roll call vote was as follows: Ayes, Councilmen Saui, Bracco, and Cortesi; Noes, Councilmen Noonan and Smith. Mayor Cortesi before casting his vote stated that he was a firm believer in protecting the little man. The little man pays heavy rent and can hardlymake it now. He suggested to Mr. Wilms that if he waited for a little while until the necessity arose for it, it might be better. Mr. Smith stated to Mr. Cortesi tha~Mr. Cortesi had Just created a monopoly for the small businessman. Mr. Witm~ at'this point asked for the support of Mr. Noouan and Mr. Smith iu an action he planned to take. Mr. Eugene Torres spoke from the audience against the remark made byMr. Wilms for the support of Councilmen Smith and Noouan in a suit or court action as it was against men electedbytheDeople and asking elected officials to go against the city. ~ MINUTES: City Clerk having forwarded copy of the minutes of the previous meeting to all councilmen, Mayor Cortesi asked if there were any errors or omissions. There be- ing none, the minutes were approved as submitted. BIDS, INDUSTRIAL ACRES: On motion of Councilman Sani, seconded by Councilman Bracco and regularly carried, bids submitted ou the Industrial Acres street improvements were ordered opened. Bids were read by the City Clerk. OFFICER GARDNER APP OINENENT: A communication was received from the office of the Chief of Police advising the appointment of PhillipMaitlaud Gardner as police officer. On motion of Council- man Sani, seconded by Councilman Bracco and regularly carried, appointment was approved and confirmed. SPECIAL OFFICER GIESEKER: Appointment of Walter Bill Gieseker was received from the office of the Chief of Police, appointing Mr. Gieseker as Special Police Officer for the Stouesou property in Winstou Mauor. On motion of Councilman Bracco, seconded by Councilman Saul and regularly carried, the appointment of Walter Bill Gieseker was approved with uo remuneration from the city. PLANNING COESSION WILMS PETITION: Petition ohM ar tin Wilms and Resolution of the Planning Commt. ssion was read. Councilman Sani moved, seconded by Councilman Bracco, that the recommsndation of the Planning Commission be accepted. At this point, Councilman Noonau asked that a roll call vote be taken. Councilman Smith stated he could not see why the Plan- ning Commission had denied the rezouiug. If the request is denied it would leave the area only for residential. Mayor Cortesi asked one of the Planning Commission- ers for a few words. Mr. Thomas Kay of the PlanningComissiou stated that he could not see how the zoning, if changed, could benefit the city or where it would benefit the business areas already present. Councilman Smith stated that if we regulate competition, we are overstepping our duties. We cannot regulate compet- ition. Ou this basis Councilman Smith stated, it would be unjust to deny the re- quest of Mr. Wilms. Councilman Sani stated that when Mr. Wilm~ first bought the land he stated to the council at that time that the parcel mentioned was to be used for the construction of a motel. The motel instead was built in Millbrae. Mr. Saul further stated that Mr. Wilms' idea was always for business property such as he has ideas ou now. Mr. Wilms at this point stated that his concern took land overgrown with shrubs and trees that no one wanted. Also that the land concerning the five acres men- tioned could not be used regardless by the Wilms concern without some legal action because of the condemnation proceedings against it. He further stated that what Wilms had done in Millbrae is uo bearing on this action because that they had to utilize what property they had to keep going. Mr. Kay requested at this time to have Mr. Smith explain to him what was meant by the term "to regulate competition". Mr. Smith in reply to Mr. Kay stated that it was not the duty of the Council to say whether or not business can be established for competition against the Brent- wood Company. Mr. Wilms then stated that he had received a letter from the office of the City Manager stating that the zoning would be changed to C-1. In reply toMr. Wilms, Mr. McClung stated thatMr. Wilm,, father came to the council and made certain committments so that property could be arranged. This entailed the purchase of a house and its removal by Mr. Wilms, so that street access could be made available. Councilman Noouan spoke regarding the master plan of the Planning Commission being based on some logic reasoning. At the time that plans were made, economic factors existed to allow Zoning of C-l, and now they do not exist. He further stated that he was confused and felt that a meeting should be held between both b6dies for thrashing out this matter. Councilman Noonan pro- posed that the Board sit as a Board of Inquiry to find out what facts they could. Mr. Wilms further stated he could not see any stores iu the Breutwood area that were vacant as was stated by Mr. KAy. In fact, a new building was being constructed iu the Brentwood subdivision at the time. Councilman Smith asked the question as to what the Tanforau property is zoned for. City Mauager McClung stated 100 feet back from the Highway, it was zoned R-B, the rest was zoned R-1. Roll call vote was as follows: Ayes, Councilmen Saul, Bracco, and Cortesi; Noes, Councilmen Noouau and Smith. Mayor Cortesi before casting his vote stated that he was a firm believer iu protecting the little man. The little man pays heavy rent and can hardlymake it now. He suggested to Mr. Wilms that if he waited for a little while until the necessity arose for it, it might be better. Mr. Smith stated to Mr. Cortesi that Mr. Cortesi had just created a monopoly for the small businessman. Mr. WilEs at this point asked for the support of Mr. Noouan and Mr. Smith iu au action he planned to take. Mr. Eugene Torres spoke from the audience against the remark made by Mr. Wilms for the support of Councilmen Smith and Noouau in a suit or court actlou as it was against men electedbythepeople and asking elected officials to go against the city. (~-;~ VARIANCE PERMITS: FERK0 RESIGNATION: EKBTROM RESIGNATION: STONESON DEED STREETS TO CITY: CITY HALL ROOF INSPECTION: BLTItIE, SO. LINDEN AVE: HOT DOG STAND AT BEACH: WESTH APPLICATION FOR ~2~PLOYMENT: PARKING METER ADVER- TISING: DETE' s BUSINESS LICENSE: FOURTH LANE FURNITURE BUSINESS LICENSE: Lester Kelting spoke from the audience and asked Councilman Bracco if Brentwood received opposition when the Business area was created. Councilman Bracco called ou Mr. Rocca, present, who was a member of the Planning Commission at that time. Mr. Rocca explained that this was outside the city limits at the time and all came thru the regular proceedings of annexation and zoning. It also came through the Planning Commission as well. Variance and adjustment Resolutions ~269 and~270,applied for by Robert R. Taylor and Robert Minucciaut and approved by the Plauniug Commission for granting, were then read. On motion of Councilman Saui, seconded by Councilman Bracco and regu- larly carried, variance and adjustments resolutions ~269 &~270 were granted. A communication was received from Leo Ferko, Chief of the Civil Defense Office, tendering his resignation. 0u motion of Councilman Sani, seconded by Councilman Bracco and regularly carried, the resignation of Leo Ferko was accepted and a letter of thanks ordered sent to Mr. Ferko. A communication was received from Keuneth Ekstrom tendering his resignation as a member of the Police Depa~J~ment. Ou motion of Councilman Bracco, seconded by Councilman Sani and regularly carried, the resignation of Kenneth Ekstromwas accepted. A communication was received from the Stoueson Development Corp. relative to streets to be deeded to the city. Both streets mentioned are iu Winston Manor No. 2. Councilman Bracco moved that this matter be held over for further study. Council- man Sant asked Acting City Attorney Lyons if a resolution on this matter was neces- sary to which he replied that it should be provided for. Motion was seconded by Councilman Noonan and regularly carried. A communication was received from the Hartford Accident & Indemnity Cempany relative to the inspection of the ornamental concrete urns ou the roof of the City Eall, and also the ornamental concrete facing and trim over the windows and balcony open- ing. Inspection was likewise made ou the public walkway between 726 and 728 Larch Street. 0u motion of Councilman Bracco, seconded by Councilman Noonau and regu- larly carried, the City Manager was requested to have the work done as stated in the letter. A c~unicattou was received from P. R. Blythe relative to the yearly flood con- ditious that exist in his location. The letter was ordered filed. Councilman Noouan stated the City Manager should reply informing him that survey is now under way. City Manager McClung stated that this is not the problem now under survey as Mr. Blythe's problem is different. Councilman Noonan stated we should tell him what is being done. A communication was received from Nello Lombardi and John Marchi relative to the construction of a soft drinks stand to be used for the sale of hot dogs and beer as w~ll. Mayor Cortesi requested information from Chief of Police Belloui if beer could be sold at the local beach. He replied that uo beer could be sold as the sale of beer is governed by the State Board of Equalization. Acting City Attorney Lyons was then asked if the permit could be granted. He replied that it could inasmuch as it was construed as being a convenience to the public. Coun- cilman Smith stated that au area could be set aside for the concession area and have the City Attorney draw up a plot that must meet the requirements provided. Councilman Smith further stated that permission be granted subject to the Recreation Department locating the site and the Acting City Attorney to draft the proper legal papers. Communication was received from Paul Westh relative to application for employment with the Park Department. Letter was ordered filed by Mayor Cortesi. Petition was presented signed by local business and professional men, relative to the installation of Park-Ad advertising signs ou parking meters in the business section for additional revenue to be obtained from ads that appear, and revauue realized to be earmarked for use iu building off street parking lots. Council- man Bracco asked Mr. Cribbons how many cities have this facility now. Mr. Crib- bous explained this fully to the Council. Councilman Smith stated he was opposed to this for the following reasons. If we were to go for this type of advertising we should obtalu bids. Also that this sign mounted on ~the meters is just about the height of a childs head and could easily cause injury to a child. Also, was the city going into the advertising business. Mr. Crtbbous explained the insurance carried on the Park-Ad signs. After lengthy disQussiou, it was moved by Council- man Noonau, seconded by Councilman Smith and regularly carried, that this be laid over for further study. Application for business ~icense was received from Aldo and Mario DeTomasi of 500 Pine Terrace to operate a tavern known as Dete's at BOB Grand Avenue. On motion of Councilman Saul, seconded by Councilman Bracco and regularly carried, the application was approved. Application for a business license was received from Lois Muzio of 315 Linden Ave. to Operate a used furniture sales under the firm~,uame of Fourth Lane Furniture. This application was laid over for further study 'and to obtain au address. ATLAS CRANE SERVICE BUSINESS LICENSE: SANDERS AUTO-LECTRIC SERVICE LICENSE: CLAIMS: MONTHLY REPORTS: PARK HAVEN ANNEXATION OHDINANC E: RESOLUTION NO. 1790 INVITING SEALED BIDS TEIHD LANE IMPROVEMENT: RESOLUTION NO. 1791 DIRECTING ASSESSMENT TO BE M~DE, INDUSTRIAL ACRES RESOLUTION NO. 179a AWARDING CONTRACT INDUSTRIAL~£R~S,SHAW~ED: J. W. C OT~k-~REED: STONESON C0~P. PLAYGROUND: STONESON C OEP. METALBESTOS: STREETS STEBLING MANOR ~2: SEWAGE PLANT ACCEPTANCE: MINORS EMPLOYED BY CITY: Application for business license was received from Montio Montanya of 307 Miller Avenue to operate a crane service and junk buyer at 209 Fourth Lane. Mr. Moutanya was called ou to explain his type of business which he did. Councilman Saul spoke relative to business's located iu the lanes creating a parking problem, that this lane and other lanes are to be used solely for loading and unloading. Councilman Noonan asked Mr. Montanya what the address was to be used for. Mr. Moutanya stated it w~s a shop location only, that it was to service as office space and no heavy equipment was to be stored there. On motion of Councilman Noonau~ seconded by Councilman Bracco and regularly carried, the permit was granted. Application for business license was received frcm Lee F. Sanders of 404 West Orange Avenue to operate a tune up shop under the firm name of Banders Auto-Lectric Service located at 209 E1 Camino Real. Question of exact location was brought up and Councilman Bracco recommended that the license be granted if it is in the business district. Application was to be held up until location was determined. Claims in the amount of $22888.54 were submitted by the Finance Committee. Ou motion of Councilman Bracco, seconded by Councilman Noouan and regularly carried, clatm- as submitted were ordered paid. Reports for the month of June were submitted by the Chief of Police, City Judge, Fire Chief, Building Inspector, and Library. On motion made by CounciLman Sani, seconded by Councilman Bracco and regularly carried, reports as submitted were accepted and ordered filed. Second reading of Park Haven Annexation ordinance was ordered laid over by the Mayor. Councilman Sani introduced a resolution directing publication of notice inviting sealed proposals and fixing date of hearing thereon for improvement of Third Lane from Eucalyptus Avenue to a point 58 feet West of Laurel Avenue. Roll call vote was a s follows: Ayes, Councilman Noouan, Saul, Bracco, Smith & Cortesi. Councilman Bracco introduced a resolution relative to Industrial Acres, directing the assessment to be made and signed by the Engineer of Work. Roll call vote was as follows: Ayes, Councilmen Noonan, Sani, Bracco, Smith and Cortesi. Councilman Sani introduced a resolution awarding contract of Improvement of Indus- trial Acres to Peter Sorenseu, as lowest bidder. Roll call vote was as follows: Ayes, Councilmen Noouau, Saui, Bracco, Smith and Cortesi. Acting City Attoruey read a letter sent from the National Institute of Municipal Law Officers and Resolution from that association, eulogizing Mr. Coleberd. On Motion of Councilman Bracco, seconded by Councilman Saul and regularly carried, the l~tter and resolution were accepted. Under unfinished business, the letter from Stoneson Development Corporation rel- ative to the proposed playground in Winston Manor ~2 was introduced. City Manager McClung gave au explanation of the proposed area and called on Mr. BulJau of the Recreation Department to further explain this. Mr. Buljau stated that the Rec- reation Department was having a meeting the following night with regard to this matter. 0u motion of Councilman Noonan, seconded by Councilmau Smith and regularly carried, that the site mentioned be accepted if approved by the Recreation Ccammissiou for acceptance. Under unfinished business, the letter from Stoneson Development Corporation relati~ to the amending of the city ordinance concerning use of Metalbestos iu venting was introduced. Ou motion of Councilman Noonan, seconded by Councilman Smith and reg- ularly carried, this matter was referred to the Building Inspector, Fire Chief and City Engineer for study and recommendation to the City Council. Works Engineer Randlett spoke regarding the acceptance of the streets in Sterling Manor~2 and reco~neuded that they be accepted. City Clerk Rodondi read a letter from Sterling Building Company addressed to Mr. Raudlett, iu which they stated that if in the future any trouble is encountered they would make any improvement that %his office might recommend. Acting City Attorney stated a written resolution on acceptance of streets was in order. Or~motiou of Councilm~u Saul, seconded by Councilman Bracco and regularly carried, the streets mentioned were accepted. Works Engineer Randlett brought up the matter of the Sewage Disposal Plant accept- auce and rec~uded its acceptance. Councilman Bracco moved, seconded by Council- man Bant that the rec~-~eudatiou of Works Engineer Randlett for the acceptance of the Sewage Disposal Plant be approved. At this point, Councilman Smith requested information from Works Engineer Randlett as to warranty after once we accept the plant. Works Engineer Randlett explained how the contract reads and the guaranty. Acting City Attorney Lyons gave the legal explanation relative to the posting of the Bond. If difficulty arises later it can be brought iua court suit. Acting City Attoruey Lyons gave an explanation of minors holding positions in City employment, which had been asked of him at au earlier meeting. 112 PLAYGROUNDS, BURI BURI: CIVIL DEFENSE: AD'JOURNI~NT: APPROVED: Mayor Cortesi requested of City Manager McClung information as to what ~as being done regarding playgrounds tu the Burl Buff subdivision. City M~nager McClung ex- plained the conversation he had had with the representative from the Burl Buri subdivision. The representative of the Burl Burl subdivision wished pertinent in- formation from the city relative to what the city was going to develop, how long it would take to develop it, etc. Upon receipt of this information, these would then be made covenants of the deed to the city. Representative of the Burl Buri subdivision would then recommend to their client what the city has iu mind. Coun- cilman Bracco requested Mr. Buljau of the Recreation Department to take this matter up ou the Agenda of the 22nd. Eugene Torres spoke from the audience making an appeal to the council for civil defense action on communications or it will be lost entirely if some action is not taken. He further stressed on the concentrated and hard work of those interested in this phase of work which has apparently gone unnoticed by everyone. He offered his assistance to anyone who would take the leadership. He went on to state that the Mayor is head Of Civil Defense and Council members are assistants although other persons are actually in charge. City Manager McClung explained the facilities that are being obtained for use by the city, State aid included. Among the equip- ment to be installed in the Police Department is the Bell and Light System. City Manager McClung stated it was difficult to get proper reaction from the public. On motion of Councilman Noonan, seconded by Councilman Sani and regularly carried, the meeting was adjourned to Friday, July 25, 1952 at 8 p. m. Time of Adjournment - 11:05 p. m. Respectfully submitted, City Clerk