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HomeMy WebLinkAboutMinutes 1952-11-17REGULAR MEETING OF ~ CITY COU~ICIL OF CITY OF SOUTH SAN FRANCISCO P~ELD MONDAY, NOVEMBER 17 ~ ]-952 PLACE: TIME: CALL TO ORDER: ROLL CALL: Council Chambers, City Hall 8p.m. The meeting was called to order at 8:10 p. m. by Mayor Cortesi. Present: Councilmen John Noouan~ Adolph Saui, Emilio Cortesi, Jbseph Bracco~ Telford Smith Absent: None MI~UY~ES: COUNTY AID FOR COLMA CREEK: 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 being none, the minutes were approved as submitted. Communication was received from the office of the City Manager regarding an additional $4,000.00 allocated by San Mateo County for work along Colma Creek. The communication was accompanied by that of M. A. Grant, County Engineer. Communication was ordered filed. REVISE ZONING ORDINANCE: Communication was received from the office of the City Manager regarding the revision of the City's Zoning Ordinance which would cost approximately $300.00 to $400.00. Councilman Noonan asked City Manager McCluug if he w~shed au authorization of money. Councilman Bracco stated that first a meeting date should be arranged with the Planning Con~nissiou. Mayor Cortesi asked if there was any ~uggestions as to meeting date. Councilman Bracco suggested Monday evening, November 24th which was iu agreeance with the council. PHYSICAL EXAMINATIONS Communication was received from the office of the City Mauager regarding the request from the FOR APPLICANTS: Personnel Board to have successful applicants of civil service examinations take physical examinations after having successfully passed the written examlnatlou. This procedure would mean the citywould only have to pay for two examinations beyond the position to be filled. Ou motion of Councilman Noouau, seconded by Councilman Bracco and regularly carried, recom- mendation as submitted was approved. VARIANCE, SUBDIVISION ORD INANC E: Communication was received from the office of the Planning Commission recommending a variance iu the provisions of the Subdivision Ordinance to allow utility pole construction in the streets of Winston Mauor~3. Mayor Cortesi asked if there were any comments. Councilman Smith asked what was wrong with the topographic conditions that warranted their being placed iu the front. Councilman Bracco stated that according to the ordinance these installations should be iu the rear. Councilman Smith remarked that they are now in the front having been brought up by someone before. Mayor Cortesi stated that this creates a hardship if they are placed iu the rear due to the manner in which the ground is contoured. Works Engineer Raud- lett stated that presently there exists steep slopes and curves and that Utilities do not like installations in the rear due to storms and coming into contact with Television aerials. At this point, Victor Robinson spoke stating that a representative of the Pacific Gas & Electric Compauy was present with a detailed map available for explanation. Mr. Daniels of the Pacific Gas and E~ectric Company then gave the council an explanation showing the map of the area. After the explanation had been given, Councilman Smith asked if there were any protests. Couucil~n Bracco asked Victor Robinson to which he replied there were none. Councilman Bracco moved~ seconded by Councilman Noonau and regularly carried~ that the recom- mendation of the Planning Commission be accepted. IMPRO~ HARBOR ROAD: CommunicatiQn was received from the office of the Planning Commission regarding the proposal of E.P. Guerin with reference to Harbor Road~ mentioning a 5 foot setback to be established along with the 50' strip of roadway. Councilman Sani asked Works Engineer Ra~dlett if there were buildings already on the proposed roadway. Works Engineer Randlett stated that there was to be a 5 foot setback from the present 50 feet to be granted. Councilman Smith stated that the setback sho'~ld be the same on both sides. Councilman Smith stated that the question of 60 feet was brought up earlier. Councilman Smith stated that the 5 foot set back brings the buildings right up to the edge of the road. Works Engineer Raudlett stated that the property owners can build to the property line. This ~s confirmed by Building Inspector Rozzi. Councilman Smith brought up the question of building fences on the property lines. City Attoruey Lyous stated that the city could regulate this. Councilman Noonau stated he ~s in favor of the recommendation of the Planning Commission but wanted to be certain ou the 5 foot set back. Councilman Smith asked the question as to how the set back was arrived at. City Attorney Lyons stated that if the City adopted this plan the Building Inspector will not issue permits to build and can restrict it in this manner. Councilman Noouan moved that the recommendation of the Planning Commission be accepted on condition that clear 5 foot set back can be established and when it is established. Motion ms,made ~as seconded by Council- man Bracco. Councilman Smith under the question stated he was concerned on the 5 foot set back that the owners were being restricted ou the'use. He further stated the property o~mers offered to sell and that we were taking it. Councilman Smith asked City Attorney Lyons to explain this. City Attorney Lyons stated that the c~ty has the authority to do so. It seems like condemnation but is not. Councilman Smith stated he ha~ in mind the council taking some- thing and depriving the property owners of the use. The motion as regularly made and seconded was carried. FRANK SMITH BID SPRUCE AVE. IMP: RESOLUTION N0. 1843 Communication ~s received from the Division of Highways relative to the bid of Frank Smith ou the improvement of Spruce Avenue from Railroad Avenue to North Canal Street. City Attorney Lyons stated that he had a resolution prepared for the awarding of the contract. Councilman Sani introduced a resolution of the City Council of the City of South San Francisco awarding contract for the construction of street and other improvements along Spruce Avenue between Railroad Avenue and ColmaCreek. Councilman Smith asked if the bid was awarded including the 500 yards of fill the city put in. Works Engineer Randlett stated that it did. Works Engineer Raudlett stated that now there are piles of sand aroLmd and that the job has changed. These piles have to be leveled. The city must do it or allow him for this work. C0uucilman Smith asked relative to the defini- tion of hauling iu the specifications. Works Engineer Randlett stated that if Frank Smith hauled it in he wo~ld have to do the leveling. Councilman Smith asked if there was enough fill. Works Engineer Raudlett stated he had not measured it but felt reasonably sure there was. Roll call vote was as follows: Ayes~ Councilmen Noonau~ Saui, Bracco~ Smith and Cortesi. Councilman Bracco asked when the contract would be awarded. Works Engineer Raudlett stated right away. City Attorney Lyons spoke on the method of how the bid was made, that Frank Smith bid on the job regarding the fill and compacting. DAWSOn? USE PEPd~IT: BLYTHE, COLMA CREEK: AUTOMATIC GATES LIR~ AVENUE: NATION RESIGNATION: BATHROOM ACCESSORIES SI~PLY CO. BUILDING PE~IT: TOYFAI R BUSI~UESS LICENSE: NO P~.DkN JOHNSON LICENSE TO SELL ~S TREES: GOULD KEN~EL LICENSE: DEPT. OF CORRECTIONS JAIL STAI[)ARDS: CLAIMS: M0~[THLY P~EPORTS: ORDINANCE NO. 335 FIRE HYDI~S: ANIMAL CONTROL ORDINA$!CE: PkRKING DISTRICT: Communication was received from Percy V. Dawson regarding the construction of a fence on his property which ~s denied by the Planning Commission and the recommendation of the Planning Commission accepted by the council. Councilman Bracco stated that the recommen- dation of the Planning Commission had been accepted and that it should be referred to that body for reconsideration. He further stated that at Monday nights meeting the matter of fences should be taken up, a study should be made and obtain a remedyfor this. Councilman Noouan agreed on this matter. Councilman Smith stated that some fences that are higher are useful fences where it would be a benefit. There is such a thing as spite fences. Mayor Cortesi remarked that the problem of the land owners ~.~s in trying to protect their investment. Councilman Smith suggested the Planning Commission be informed to be prepared for this. Communication was received from P. R. Blythe relative to the work on Colma Creek Canal. Councilman Noouan asked if we could advise him by letter relative to the finishing of this work. Counci.Lman Noouan moved that a letter be sent to Mr. Blyth regarding the work of Colma Creek. The motion as made was seconded by Councilman Smith and regularly carried. Communication ~as received from the Public Utilities Commission regarding the automatic crossing gates to be installed at Linden Avenue. Councilman Bracco asked what the figure from last year was. City Manager McClung stated that it was short of $15,000.00. Councilman Noouau asked how did we share on a 50-50 basis and requested a report from the City Attorney regarding the liability of the Southern Pacific and the City. Councilman Bracco stated that we await the report from the City Attorney. Communication was received from James K. Nation submitting his resignation as a member of the Recreation Commission. On motion of Councilman Sani, seconded by Councilman Smith and regularly carried~ letter of resignation as submitted was accepted and a letter of thanks to be sent to Mr. Nation for his work. Communication was received from the Bathroom Accessories Supply Company regarding permission to construct a building on Victory Avenue between Linden and Maple Avenues. Councilman Bracco asked if the owner, Mr. Hecker, was iu the audience. ~. Hecker ~s then called ou to explain his plans stating that he ~as advised that he should take this co~se of action. After explanation and the showing of plans to the members of the City Couucil~ Councilman Saul moved, seconded by Councilman Bracco and regularly carried, that permission be granted provided it meets the specifications of the city. Application for business license was received from David L. Howard to engage in the business of selling toys, gifts, hobby supplies~ etc, under the firm name of Toyfair, located at Hazelwood Drive. On motion of Councilman Noouau, seconded by Councilman Sani and reg~larly carried, license ~as granted. Under the question, Councilman Sani asked if the application for Toyfair ~as a one month lease or was it a reg~.~ar business, since the Christmas season ~s approaching. CityManager McClung informed Councilman Saul that Mr. Howard was already engaged in the business of Breutwood Hard~are. Application for business license was received from Norman Johnson to engage in the business of retail Christmas trees under the fichu name of Norman Johnson, 435 Grand Avenue. On motion of Councilman Bracco, seconded by Councilman Noonan and regularly carried, license was granted. Communication ~as received from J. M. Gould relative to the licensing for a dog kennel. Coun- cilman Bracco stated this application should be considered ~th the animal control ordinance presently under study. Councilman Noonan requested the City Manager to ascertain what city has a $5.00 license as mentioned by ~. Gould. Matter ~s laid over. Communication was received from the Department of Corrections relative to a cOpy of the Revised Minimum Jail Standards attached thereto. City Clerk Rodoudi informed the council that the Manual referred to had already been given to the Chief of Police. Matter was refer- red to the Chief of Police. Claims in the amount of ~30,049.17 were submitted by the Finance Committee. On motion of Councilman Suni, seconded by Councilman Noonan, claims as submitted were ordered oaid. Coun- cilman Smith, under the question, referred to the payment of the Spruce Avenue Culvert, re- questing that the payment to Works Engineer Raudlett be held up. Co~mcilman Suni amended the motion that all claims be paid ~th the exception of the bill from Works Engineer Randlett relative to the Spr~me Avenue Culvert. Motion was regularly carried. Reports fo~ the month of Obtober 1952 were submitted by the Chief of Police~ City Judge~ Fire Chief, Building Inspector, Librarian, Humane Officer, City Clerk. 0u motion of Council- man Bracco, seconded by Council~n Noonan and regL~arly carried, reports as submitted were accepted and ordered filed. City Attoruey Lyons then introduced the ordinance regulating the use of fire hydrants owned by the city, stating the motion was iu order to waive reading of the ordinance and to be in- troduced by title only. On motion of Councilman Noonau, seconded by Co~mcilmau Saui and reg- ularly carried, reading of the ordinance was ~ived. City Attorney Lyons then read the ordinance by title. Roll call vote was as follows: Ayes, Councilmen Noouau, Saul, Cortesi, Bracco, Smith; Noes, None; ~sent, None. Under unfinished b~miness, the animal control ordinance ~as again brought up. Councilman Noouau requested that City Manager McClung have a County representative in to discuss the prob- lemwith us. City Attoruey Lyons stated that possibly use of Coyote Point County Pound could be made available for city use. The matter was ordered laid over. The matter of the parking district map was then introduced. Councilm~n Noonan suggested this matter be laid over until a map was available designating the area to be considered. Coun- cilman Sani requested that the Works Engineer be instructed to prepare the map. Councilman Smith stated that possibly a map already prepared could be used iu the area in question just shaded in. Works Engineer Randlett stated that he would prepare a map for the next regular council meeting. EXAMIneR FOR DRIVERS LICENSE: HOMES ~ SUNSHII'~ GA~D ENS: SPRUCE AVE. CULVERT: MR. McCAFFERY: The matter of the property near the sewage disposal pumping station in the vicinity of Shaw Road ~as then discussed. This was that parcel of land offered by the South San Fran- cisco Land and Improvement Company to be deeded to the City. Mayor Cortesi asked if it was proper to act on this matter tonight. City Attorney Lyons stated that this was an offer of a deed to the property and that a resolution ~as needed so that it cotzld be recorded. tie stated that if the council desired this he would prepare the necessary resolution. Coun- cilman Sanl moved that the City Attorney be instructed to draw the resolution. Councilman Smith asked if we were accepting this ~rith the 10 foot strip easement. Councilman Sani stated we were. Councilman Smith stated that we would be responsible ~ith the upkeep and raatntenance. Councthnan Sani then amended his motion tt~at the parcel of land be accepted ~,rithout the easement. City Attorney Lyons stated the council desired to have the Land Co. retain the 10 foot strip. Councilman Smith seconded the motion as made by Counci.lman Sani~ which was regt~larly carried. Mayor Cortesi then appointed Richard Gan~en to fill the vacancy on the Recreation Co~m~ission created by the resignation of James i?ation. Councilman Sani moved~ seconded by Councilman Noonan and regularly carried that the appointment as made by the Mayor be confirmed. Councilman Sani spoke relative to obtaining an examiner from the Department of Motor Vehicles for the issueing of Operator's and Chauffe~'s Licenses. He informed the Council that at the time the examiner left~ who was formerly in the city, we were informed that his absence was due to vacations but that he would be returned. Since 6hat time Lomita Park has opened up an office with clerical help, being open five days per week. Iie further, stated that he heard that this city ~as not to have an examiner and felt the council should take some actio~ and instruct the City ~e~ager to try to get a man for at least once a week. Hayor Cortesi remarked that a letter should be written to the head of the Department and ascertain why the examiner is not here. Councilman Sani rmade this in the form of a motion~ seconded by Coun- cilman Bracco. Councilman Smith stated that request for the examiner should be that an office be set ~ for one day a week. City Attorney Lyons also stated that a letter should point out that South San Francisco is the third largest city in the northern end of the county. Motion as made and seconded ~s regularly carried. Mayor Cortesi then asked if there ~ras anything to be discussed for the good and welfare of the city. Mr. Boido arose and requested 'the City Council take some action on the Sunshine Gardens development~ relative to the buildings that are being erected thereon. Mayor Cortesi instructed ,him that the bt~ildings have been passed by the F.H.A., that there was nothing further this council co~uld do. Bt.~lding Inspector Rozzi stated that nothing could be done inasmuch as they are complying ~ith building ordinance reg~zlation~ and had been approved. Councilm~n Smith stated that possibly Mr. Boido had some constructive ideas relative to this matter. Mr. Boido stated that this type of home being built in the front ~,~here a major street exists, should be built in the rear of the subdivision. He further stated that the council had been told that elevated bedroom type of homes would be built. Mayor Cortesi remarked that the type of home being built was for a working man and his family$ the type that wo~ld be easily accessable for p~chase by that type of person. Mr. Boido R~ther remarked that the subdivider should be contacted. Councilman Noonan stated that the zoning ordinance was being complied ~.rith and stated that we co~ld not control the design of the home. We were primarily concerned with lot size~ fences~ hedges and the like. City Attorney Lyons confirmed this remark, stating that we co~ld not change anything as long as the building codes were being complied with. Councilman Smith stated that we could follow the suggestion of Mr. U, oido in calling 'the subdivider to talk to him relative to the construction of a better type of home. Mayor Cortesi stated he spoke to the subdivider who stated to him that the bui~lding is built so that it would be within the reach of the working man's pocketbook, t{owever, a meeting wo~ld be arranged with the subdivider to disc~zss this problem. Councilman Smith then discussed the problem of Spruce Avenue Culvert remarking that he noticed the terms "60 consecutive days and 60 working days~ being mentioned. He also stated special provision of 60 working days having been mentioned and ~shed to know ~,~ether the special ~ provision would take precedent on the plans and specifications. He requested pe~unission to ask the City Attorney some questions regarding this matter. Counci.lm~n Smith then asked City Attorney Lyons the definition of a Works Engineer to which he replied that there was no clear cut definition. Civil Service Ordinance calls for a City Engineer. The City Engineer was dismissed, and the position was never filled. Instead the office of Works Engineer was created. The Works Engineer's duties v~re created and filled by the power vested in the council. The City Engineer's office exists but is not filled. He further stated he would have to check this. Councilman Smith then asked if the Works Engineer and the City Engineer ~.~re officers of the city to which he replied they ~re. Councilman Smith stated the fact we had a Works Engineer instead of a City Engineer would mean we were circumventing the Civil Service Ordi- nance, stating he would like a ruling on this. City Attorney Lyons stated the City Council has the authority to abolish the office but has not done so yet. CouncilmanSmith then re- marked regarding the code stating that the council may a!K0oint a City Engineer. He then asked City Attorney Lyons if he could have a ruling next meeting on this problem to which he replied if the council so desired. Councilman Smith moved~ ~econded by Councilman Noonan and regu.- larly carried~ that the City Attorney have a ruling on the Engineer problem next meeting. City Attorney Lyons asked if it meant the December 1st meeting to ~.rhich Councilman Smith replied this was correct. Mr. McCaffery then spoke from the audience relative to the discussion with Mayor Cortesi and Councilman Suni. Mayor Cortesi stated that he was a plant in the audience to which he stated he was not, that he was there as an interested member of this community. He also spoke rel- ative to the members of the audience being gaveled down by the Mayor, stating that they have been told off politely. He was here because he wished to cooperate as it was his city and he liked it. He further stated the citizen is entitled to respect and if he receives res- pect, he will return it to the council. Mayor Cortesi then spoke relative to the misunder- standing from the last meeting when his tactics were likened to those of the I1 Duce. He spoke at length relative to this stating that he was proud of the fact that he was an American citizen and wished to cooperate with everyone concerned. Mayor Cortesl then spoke on the engineering problem stating he wished to find out how it would operate, giving it a fair trial~ and when shown to the contrary, would be willing to go along with Mr. Smith and the remainder of the council. Mr. Kelting then remarked from the audience relative to a full time engineer stating that the campaign speech remarks were that they were in favor of a full time engineer. ADJOURNMENT: APPROVED: Councilman Smith then stated he had selected ~orman Hynding to represent him on the Spruce Avenue Culvert. Mayor Cortesi stated that Norman Hynding had already given his opinion at the last meeting, but would go for it if the council so desired. He further stated that their selection would be forthcoming at the next meeting. Mr. Boido spoke stating that this matter should be discussed and settled among the members of the council and do without hiring outside aid. He requested CounciLman Smith to cooperate in this respect. Theodore Pretzer spoke relative to the elections being held to elect men capable of representing the people and that as such~ they should have the ability and knowledge to carry this function out. Councilman Sani moved that the meeting be adjourned. Mr. Tucker spoke relative to the council taking action in open meetings. Mr. McCaffery stated that competent persons should be available to decide on questions. Councilman Bracco requested council action to discuss the matter fully. Mr. McCaffery stated that a discussion should be held relative to the Engineer problem now that all the evidence has been presented. CounciLman Smith asked the council members if they had read the plans and specifications on the Bridge. To this they replied in the negative. Councilman Noonan stated this was his reason for wanting to hire experts in the field as they were better informed in matters of this type. Mayor Cortesi seconded the motion for adjournment as made by Councilman Sani. The meeting was adjourued to Monday, D.ecember 1, 1952 at 8 p. m. Time of Adjournment - 10:25 p. m. Respectfully submitted, City Clerk