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HomeMy WebLinkAboutMinutes 1953-04-06PLACE: TIME: ROLL CALL: CAI~ TO ORDER: SPRUCE AVENUE BRIDGE REPORT: ~-OO~ REGULAR M~.~TING OF THE CITY COUNCIL OF THE CI~"f OF SOUTH SAN FRANCISCO HELD MONDAY, A?RIL 6, 1953 Council Chambers, City Hall 8p.m. Present: Councilmen John Noonan, Adolph Sani, Emilio Cortesi, Joseph Bracco, ~Telford Smith Absent: None The meeting w~s called to order at 8:~6 p. m. by Mayor Cortesi. Councilman Noonan stated that he had requested the two study engineers on the Spruce Avenue Bridge to be present so that it could be accepted. He further remarked that the dispute was between Counci~ man Smith and Works Engineer Randlett and that he, as a councilman, had suggested a cmmmittee to be appointed to investigate the improvement of Spruce Avenue Bridge. He stated that the legal determin. ations of the report are very specific citing the conclusions and reccea~endations of the report as submitted on page 12 of the report. Councilman Noonan cited the piece that appeared in the Burling~ Advance as misrepresentatio~ and felt a retraction should have been ma~e in the paper. He further cited page 10 of the report relative to the power of the Engineer to allc~ continuances. He like- wise stated that if Works Engineer Randlett was neglectfull it was the council's duty to take some action. Councilman Noonan stated that the comparison of 50~ per cubic yard to $6.00 for imported fill~ aa referred to was open for question. Councilman Noonau then asked Mr. Hynding and Mr. Wilsey for an ex~la~atiou. Couneilmln Smith at this point requested Councilman Nooman to read page 11 of the report. Councilma~ Noo~an referred to the po~er of the Engineer to allow continuances as covering parts of page 11 re- ferred to. Councilman Noonan stated that Mr. Harzfeld's report did not lay the blame or fault on the Enginee~ and that he wished to know how to determine ho~ it would provide lower prices per foot on piling. Mr. Wil~ey explained that when estimates were made re~arding the approximate length of piling, he would estimate it to not go beyond the length a~ mentioned. He further stated that the unit pries on this piling is ~bout $3.00 ~er foot. Councilman Noouan stated that he had called other contractors ~p an~ found one who said he thought $7.00 would be a fair price. Another remarke, $4.00 would be But that he would make it up on concrete aa one was $8,000.00 more for concrete than Bantu's. Councilman Noonan remarked that when $3.00 was called for, it did not denote that it could be obtained at that price, but the thought was that it could be obtained for that amount. Councllma~ Noonan requested of Mr. Wil~ey if he felt it necessary to talk to other bidders with regard to this investigation to which he replied, No, he did not. Councilman Noonan then asked for information on the difference of the piling bid to which Mr. Hynding re~lie~ that it was an unbalanced bid and was co~o~ practice for a contractor to locate his profit on an ,~alanee~ bid. Councilman Noouan then stated that he had spoken to the M & K Corp. on the same question with regard to the piling. Mr. Wilsey r~ that he had spoken to Mr. Sorenson and other contractors regarding this same matter. Councilman Noouan then aske~ as to who computed the percentage to which Mr. Hymiing stated that he had. Howmver, he did not feel that it w~s necessary to ~uibble on this subject. Mr. Wilsey, in answer to the Question, stated that the ~7~ w~s figured by dividing the final ccet into the bid price and state~ that what they were trying to call to the at~ention of the council was that the fill that ~ moved from nearby would cost 50~ in~tead of $6.00 and that this should be reason enoug to call for new bids. He further remarked that the coam~ttee felt more time should be given to con- sideration on the projects in an effort to get a Better savings. Councilman Noonan then made the following motions in the form of a report which is as follows: Honorable Mayor and Councilmen, The re~ 'el Councilman Smith given on October 20, 1952 and the report of the Spruce Avenue Bridge Ccemaittee are before ue for comparison. In vie~ of the fact that I suggested the appointment of the Spruce Avenue Bridge Co~aittee to solve the conflict between the report of Mr. Smith and Mr. Randlett, I feel it my duty to make certain motions now as to accepting and rejecting the various items in Councilman's Smiths report, and the Bridge Committee's report. 1. Councilman Smith raised an inference of illegality in awarding the contract in his report. The Bridge C~ittee in its conclusions and recom~_~;ndations on page 12 state: (1) The Contract was duly executed, and is valid and Binding on the parties hereto. I therefore move that we reject Councilman Smith's insofar as 'it raises an inference of illegality and accept the Bridge Co~nittee's report. 2. Councilman Smith ~emanded that the payment to contractor Balm be withheld and that suit be instituted for penalties in the sum of $13,'500.00. The Bridge C~tttee's conclusions and recommen- dations in paragraphs (3) and (~) state the Ol~site to wit: (3) The delayw were excused by the Engineer, whose decision, under the specifications, is final an& (~) Because the contractor ~eing so exe~ by the Engineer, the City is not entitled to liquidate~ &amages and final payment under the contrmct should be n~de to the contractor. I therefore move that ¢ouncitm~n Smith's demands be re- Jected amd that the contractor be paid the last installment due and further that no action be taken with respect to penalties. In this regard I call ymur attention to page 11 of the report quote as follows "...such power is valid and binding on the parties to the contract, except in the case of fraud, or such gross mis- take as weuld necessarily imply bad faith or a failure to exercise honest Judgment." I cite this to show you that the co~m~ittee in concluding that the excuse we~ binding, in fact by inference decided that there w~s no fraud, no gross mistake, no bad faith and no failure to exercise honest Judgment. ~. Councilman Smith demanded that the form of the contract be included in and made a part of the specifications. The Bridge Co,nitres concurs in this demand. I therefore move that the said demand be accepted and approved and that said recommendation becom~ part of our procedure. 4. Councilman Smith demanded that bids be rejected where they exceed the Engineer's estimate by more than ten percent. The Bridge Cow~ ~ttee concurs with him in paragraph 7. I therefore move that said demand and recommendation be accepted, approved and become part of our procedure. 5. The Bridge Cemmittee's independent recommendations in paragraphs 2 and 5 should be approved I therefore move that the Bridge Committee's conclusion and reco~nendation contained in paragraph 2 be accepted and appr~rced and further that the recce~nendations and conclusions in paragraph 5 be accepted, approved and become part of our procedure. Dated: April 6, 1953 John Noonan -s- SECOND LANE II~ROV'EMEI~: ~'"~ 73 IMPRO~ OF EL C AMINO REAL NEAR FRANCISCO TERRACE: ADDITIONAL SEWAGE DISPOSAL PLANT: PATH THROUGH COUNTRY CLUB PARK: ~o~7 AKARD STOi~ DRAIN: Upon completion of Councilman Noonan's motions they were seconded by Councilman Sani. Council- man Smith requested Councilman Noonan to restate his first motion with regard to the statement he had made being rejected prior to when it was offered. Councilman Smith .further stated that the report as he had made it was not accepted when it was offered. At this point Councilman Noonan restated his first motion. Councilman Br~cco requested information if the payment indicated interes~ along with it to which Councilman Noonan remarked it did not state. City Attorney Lyons at this point said that the council should withhold interest on. the payment. City ~m~ger McClung then read a letter from Mr. Baum dated Dec. 15, 1952 requesting pe~aent.. Councilman Smith then asked for sep- arate motions bn each one individually. Councilman Nooman then intrOduced his first motion as state~ which wa. secom~ed by Councilman Sani and regularly carried, with the exception of Councilman Smith Who voted no. Councilman Noonan then introduced his second motion which was .escaPed by Councilman Bracco and undex the question, Councilman Smith requested to kn~w if the contractor should be paid on the findings of the three man committee, which w~a in accord with the council. Motion as duly made and seconded was regularly carried. Co,moil.mn Noo~am then introduced his third motion which was seconded by Councilman Sani and regu- larl~ earrie~. Councilman Ne~m.~ ~hen intro~uee~ his fourth motion which he ree~ in it. entirety, secon~e~ by Coun- cilman Sani an~ regularly carried. Counci~mmu Noonan then introdmced his fifth motion, which was seconded by Councilman Sani and r~gulsm Councilman No,nan then move~ that paragraph 2 of the conelu~i~, and reco~-~endations on page 12 be aece~te~, which wa~ seconded by Corn,oil. an Braeco. Councilma~ Smith, under the question, .tated thai he u~Xer.too~ that t~e engineer wa~ given th. amt~rit~ t~ .~y yes or mo if it were according to the plan..m~ a~eeifieati~a.. Motion as duly made am~ .ee~m~.~ ~ rmgulArly carrie~. Co~ilm.~ Ne~an then moved that section 5 of conclusions and recantations on page 12 be accepted Motion as wm~e ~ .secured by Councilman Sani and regularly carried. Councilman Smith then remarked relative to th. qum. tie~i~ that had taken place this evening, stating that the written report, word for w~rd, w.~ in th. l~mesession of each councilman. Com~ilm~n S. aith then moved that the council accept th~ report of the committee, co.mending them on their w~rk an~ effort for the testimony taken and wmighed, as it was difficult for the c_~-~ttee to put everythi~ in exact words. This was sec- ended by Councilman Noonan and regularly carried. The minute, of the previous meeting were' accepted and a~rovmd as submitted. Petition for the improvement of Second Lane wm~ then introduced. City Attorney Lyons explained the waiver which wm. filed by the petitioner, for a bit~ino~ ~aving ami that he would commence pro- ceedings on this project. Councilman Smith moved, seconded by Councilman Sani and regularly carried that the City Attorney be in. tructed to eo~euce proceedings for the improvement of Second Lane ~ Communication wm. received from the office of the City Manager with regard to the improvement of E1 Casino Real opposite Fr~nci.co Terrace to handle .tots waters in that area. Councilman Bracco asked City ~ama~er McOlung if he had any estimates as to the cost involved to which he replied that the only information i. vagu~ and outdated by approximately one year. Ne spoke of a meeting that had been .held with the Division of Highways representatives and Mr. Randlett and that the Division of Highway. expressed their desire for one more years study on storm conditions. Re further remarked that coots have risen since the last study. At a recent meeting the suggestion came of running a pipe parallel to the parking strip along the highway .o that it would not disrupt facilities by going through the property. Further developments in years to come will .es the need to have all the drain~g~ pi~ed and to close off the creek. He sugges+~ that the matter be laid over for further study. City ~nager McClung further stated that the council's thought in the matter was desired by the Division of Highways. Councilman Bt.ccc suggested that it be laid over to the study meeting of Mo~lay, April 13. Ce.music.tics wa~ received from the office of the City Manager regarding a~ditional help needed at the Joint Sewage Disposal Plant. Mayor Cortesi reque, ted the matter be laid over to the next study session. Con.oil.an Smith requested to know how many men would be needed to which City Manager MeClu~g stated one wm. needed at the present time to take car~ of vacation periods and in the event illness of a man took place. He further remarked that the workers are already one year in their positions and that an eligible list should be created. Co.annie.tics wa~ received f~a the office of the City Manager regarding the path through Country Club Park u~ed by residents of the Southwood area. It was the recommendation of City Manager McClung that until chan~es in the existing laws regarding the im~rovmment~:gf lands not owned by the City are made, that no i~rovement be done by the City. Council.mn Smil~ would advi.e the County by formal motion, making a re~ue.t for the work to be done, Councilman Noonan requested information as to the cost of rep~ir~ to w~ich City Manager McClung stated thi. was not known .ince it was outside the city, no correetio~ were ascertained for this i~provem~ut Councilman Noonan stated he would like some figures regardim~ this improvement and suggested it be laid over for a solution. Councilman Brmeco asked City ~sa~er McClung if he would obtain a rough eat~-~te co.t to make an available path in the are~. Council.mn Smith asked if this wa~ an eased.ut to which City Manager McClung .tated that it was not and permission ha~ only been granted to pass over the area. Mayor Cortesi requested of City Manager McClung why the county could not spend s~ae money for thi. work to which City Manager McClung re~lie~ that the work originally was done out of a feeling of friendship. Council.mn Sani moved, .eeom~e~ by Councilman Noonan and regularly carried, that the matter be referred to the .chool authorities sines it ~ in their school district. Co~aunication wa. received from the office of l~e City Manager-with regard to the request of Mr. A~ard for a storm &rmin to be extended frc~ hi.s property whare it now terminates. - Councilman Bracco stated that the problem had arisen before and at th~ time it ~s agreed to have all the area en- compassed by an asse.ament di.trict. He felt ~at it could not be done for one and not for another. City Manager M~Clung stated that it wm. the desire of property owners to fill in the land but that the water that e~pties in the area starts from a water she~ area. He suggested that an answer could be given if the city would set a fair share for property c~nere to ~ay for on the .ize of the pipe and any over. i~e ~ipe to be shared by the City. Ne further remart~ d that Mr. A~Ard's property is the only one on which a city easement exists. Mayor'Cortesi asked City Manager McClung what was the approximate cost to eEtend the pipe all the way to Bay.bore Boulevard to which he replied about $27,000 to SBO,O00. Councilman Smith at.ted that the subject w~s one that w~s hard to define .as to L JR. CNAMBER OF C C$4MENCE USE OF L~: ~-~--/ FOURCAN~ A~D. MINUCCIANI ~ E~PIRATION: RESULT8 P(~LICE OFFICER EXAM: V~ USE OF ORATE AVENUE M~ORIAL PARK: $ O7 7 how much each should pay, since Mr. Akard uses a portion of this it would not be fair to assess everyone the same as distances of final disposal of water would have a bearing on this problem. This could not be determined now by accepting as continued requests such as this would arise. Mayor Cortesi suggeste~ the matter be laid over until the flood control plan was worked out. Council man Smith asked City Attorney Lyons if the property owners could pay for this work in full now and later be refunded on an a~e~m~nt district when it was set up to which 'he replied it could not be done in this manner. Councilman Smith stated that if improvements w~re put in by the owners, then the city could c~ along and hook up to his improvements to which City Attorney Lyons stated they could. At the. suggestion of Mayor Cortesi the matter was laid over for further study. Communication was reeeive~ ~r~a the office of the City Maua~er relative to the proposed animal contr¢ ordinance. Mayor Cortesi requested the matter be laid over to the council m~eting of May 4. Dr. Nambly requested that the feeling be expressed by the co~ttee members and the general public at tbs time. C~unieation wm~ received fram the office of the City Manager regarding a survey of personnel prob- lems to be co~u~te~ by the Sta+~ Perpetual Boar~. City Manor McOlung stated that he had received a phe~e eed_l fr~a Dan A~r~on of the City of Daly City who stated 1~at they were in agreement to go along for u~if~a~aity. ~e further remarke~ that the ~ cities w~o ha~ not c~maitted themselves to ~ate w~r~ ~an Bruno an~ South San Francisco. Councilma~ Noonan moved, seconded by Councilman Sani that the study as offered be made. Councilman Sani reqmested to know if this matter had been brought ~ef~re the Personnel Board to which City Manager McOlm~ r~lied that it ha~ not, but this informatio had been br~t up at the dimmer meeting of the North County Councils, recently held. At this point Mr. Bucher was called on to speak as a masher of the Personnel Board. Mr. Bucher stated that this wm~ the first tim~ he h~ ~e~rd of this but it was the ~e~ire of t~e Per~ounel C~ission to set up a ~ plan amd other ste~ meeessary for city e~loy~es. Mr. Bueher requested of City Attorney Lyon information aa to w~et~r or not the survey as ma~e By the State would delay the passing of our own ordinance an~ alas if ~ er~i~ance could be am~n~e~ to imeste the findings of the State. City At~or~ey Ly~ r~lie~ that t~e or~imance should be dens first pri~r to the State study. City M~n- agar ~1~ then re~ relative to ~ ~ti~ hel~ ~y the e~loyees on wages, that sc~e would be ~ a~A ~er~ ,~,' %~. ~il ~ w~ula ree~ t~ 1~ to give employees, taking into con- si~ermtiem the m~aey available and dutie~ invelv~ a~A e~r i~foa-mmtion me~Aed. Councilman Smith then stated if ~r. ~e~l~m~, aa Ci~y Nmaa~er, rec~ t~is, to which he sta+~e~ that he would as it ~ u~ el-_-~ ~,~. City ~r MeClung said that Mr. N~aon, who is City Manager of San Jose an~ wall tbs of in ttxis position, warn in accord with t~e plan as proposed by the State Personnel BoarA, Councilman Smith stat~ that this w~e a goo~ thi~ to carry out and that the duties would be better de~er~bed as to what is expected of employees. Notion aa duly made and seconded was regularly carried. Communication was r~eeived fro~ the office of the City Manager regarding underground fi~ ~a~ s~te~ in t~ B~ B~ a~ti~. ~ C~ef Wel~ ~lai~ ~t ~ utilities in t~ B~ B~i ~a are ~e~o~. He req~s~d at ~e ti~ for ~r~o~ ~l b~ t~t t~ ones ~t ~re plied in ~ n~ eatis~to~. ~ ci~ t~ case t~t at one ti~ lines ~ been se~r~ in the a~a and t~t no fi~ a~ or ~l~h~e c~ications ~ a~ilable. It ~ necess~ for a ~m~r of his de~.~nt to ~rk t~ ni$~ ~til ~dniSt to correct ~is ait~tion. ~yor Co, si at this ti~ c~ ~ ~. ~, ~p~aeu~ti~ of ~ P~ific ~l~h~ & ~le~h Co., ~tive to ~ project. ~. Knox $~ted he ~s not in a poaiti~ to give an a~r but t~t ~ ~d c~er ~ o~icia~ of the c~. Oo~ci~ ~ s~es~d t~t possibly the Pacific ~lep~ne & ~legraph Co. co~d gi~ ~ an eati~ ~ to ~e cost invol~ on this ~rk. ~r Cortesi ~n appointed ~. ~, City~r ~1~ a~ Fi~ Chief Wel~ ~ a c~t~ to ~t ~ the ~t~r. ~. Knox ~~ t~t ~ ~d be in a p~iti~ to f~iah ~ co~cil info~tion relati~ to the esti~te. C~unieation was~ received from the office, of the City Manager regarding meeting place for the Jr. Chamber of ~rce. C~mauni~ation as received w~s ordered filed. C~unication~ ware received from the office of the City Manager and the City Clerk relative to the expiration of t~ terms of E. N. Fourcans and F. D. Minucciani as co~aissiomers for the Housing Auth- ority. Mayor Cortesi atate~ that he w~s in accord for the rea~pointment 'of ~oth men. On motion of Cou~eilm~n Smith, seconded by Councilman Noonan and regularly carried, the appointments as made by the Mayor ware confirmed. C~unieation wma received from the office of the Tax Collector relative to city tawes paid by the American ~emms Developmant Co. on pr~rty which was deeded to the ~tate of California under Deed of Conde~mtion. Councilman Noo~an moved, seconded by Councilman Sani, that refund be granted. Council- man Br~eco requeate~ of City Attorney Lyons regarding the legality of this payment to which he re- plied that the first installment ef $6.65 ~hould be denied as the Statute of Limitations had expired. Councilman Noonan amende~ his motion to include this denial of the first installment. Notion as duly made an~ seconded wm~ regularly carried. C~unication wm~ received from the office of the Personnel Board certifying the na~es of Arthur Moyle, Clayton Voigt an~ Gms Nicolopulos as having success~fUlly paaae~ the examination for the ~o~ition of Poli~ Officer in the order named. Councilman Braceo asked City Manager McClung how many men were seeded at this time to which he replied that two men could be used at the present and that the recommendation of the Police Chief should be awaited and accepte~. Councilman Smith inquired if the first two could not be taken from the list to which Cit~ager MeClung replied he has not gone over the list as yet. Councilman Noonan moved, seconded by Councilman Smith and regularly carried that t~e department head and the City Manager approve the candidates selected and recommendation be submitted. C~unication was received fr~m the office of the Building In~ector in connection with the current Under~riter's Fire Survey and Inspection Rating to establish fire insurance grading for the city, rec~nding the ad~tion of all the a~pendages of the 1949 edition of the Uniform Building Code and requesting that the a~option be done by. an emergency clmm~e ordinance. The matter was referred to the City Attorney. C~maunieation ~ received from the Recreation Department regarding the request of the V.F.W. for the use of Or~ Avenue Memorial Park to conduct a Tri-City ~all Festival Sept. 5 to 7 incl. Councilman Sani moved that t_he recommendations of the Recreation Co~mzissien as listed be accepted. Councilman Smith s~ate~ that the issue was an arg,~nted issue last year and that hurt feelings were on all sides. Ne wished to know if we were becoming involved in the same issues as last year. Councilman Sani stated that it seemed it had been taken up by the V. F. W. with the Recreation C~ission. Mrs. Hynding, recreation commissioner, present, stated it appeared no compliance was taken last year. ~o77 PAYMENT SPRUCE AVENUE JOB: CAEILL CONST. CO. BUILDING PERMIT: LOW/tIE PAVING C0. GASOLINE TANK PES~4I ~: SARACC0 TANK & WELDING C0. GASOLINE TANK PERMIT: HILT-q IDE SIGN PROTEST: S0.S.F. ROD & GUN CLUB TEAP SNOOT: J. GILL GGKPEL ~ING PERMIT: FOSTER & ELEISER SIGN ADVT: S0. CITY IRON WORE~ BUSINESS LICENSE: BUSINESS LICENSE: .LEAGUE OF CALIF. CITIES, ANNEX- ATI0s.N~ s_~ CLAIMS: SUNENE GARDENS NO. ~B: ~&~ RESOLUTION N0.1876 C0ND~e~ATION, EASE- ME~T, PARK HAVEN: AT.T.Wy PARKING O~ INANCE: ~/~? Councilman Smith stated that if no games of chance were allowed, it would seem that the V.F.W. would not be interested in the use of the park. Councilman Noonau stated that he would like to see the matter laid over for further discussion. Marlo Gagliauo spoke from the audience, sug- gesting that the post be notified to appear and inform what stipulations have been made and what can and cannot be done. Permission could then be granted for the use of the area on these stipulatic Recreation Director BulJan stated that Mr. Dewey Bell had requested that if the meeting was to be held that it be held before the end of the mouth as advertising and the like would have to be done before May 1. The matter was laid over until April 20. C~unicatio~ ~aa received from Frank W. Smith re~mrding the Spruce A~enue Job requesting its accept- ance and payment. Works Engineer RanAlett recommended that the Job be accepted. It was moved by Counci!mau Smith, seconded by Councilman Noonan and regularly carried, that the Job be accepted and payment made. C~unication was received from the Cahill Construction Co. requesting permission for the constructic of a building for the Pacific Coast Foil Co. Councilman Bracco aske~ Building Inspector Rozzi if plans and specifications were on file to which he reported that they ~re. It was moved by Councilma Br~eco, eecon~ed by Councilman Smith, that approval be gr~nted if it meets the approval 'of the Build- ing Inspector. Councilman Sani brought up the matter of the parking area to be provided for in the area, requesting to know if provisions had been ma~e for this to which Mr. Rozzi replied he did not know. Councilman Smith stated it seemed enough ~rea was available for parking but also could be utiliZed for other means as well. Motion as duly made and seconded was regularly carried. Request wm~ received from the Lowrie Paving Co. for the installation of seven tanks to contain Paving asphalt, i~u~l oil, ~a~oline, and die~el oil. The letter as submitte~ wms accompanied by the approval of the Fire Chief. On motion of Councilman Sani, seconde~ by Councilman Bracco and regularly carried permission as applied for was granted. C~unication ~ received fr~a the Sar-~cco Tank & Welding Co. re~uesting permission for the install- ation of an un~er~ gasoline storage tank and pump at their plant. Letter as submitted carried the a~pr~ ~f t~ Fire Chief. Motiom was made ~ Councilman Braces, seconded by Councilman Smith and regularly earrie~ , that Pal~ELIIion II Co~aunicatiom ~I~. x~eeived i~ ten residents of the Buri Buri area protesting the installation of advertising~ sign pr~goeed to be placed on the hillside above South San Francisco. It was moved by Councilman Bracco, seconded by Councilman Sani and regularly carried that the letter be referred to the Planning Ccmaaission prior to April 8 so that it would be available at their next regular meeting. Councilman Smith requested a show of hands from the audience as to those who w~re in favor and against the sign. C~unieati~_ou was received fr~a the South San Francisco Rod & Gun Club requesting permission to hold its tr~ shoot Sunday, April 12. It w~s moved by Councilman Sani, seconded by Counc~!wan Bracco and regularly carried, that permission be granted if it met with the approval of the Chief of Police. C~unication was received from Mr. Julius Gill requesting permission for the conducting of a Gospel Meeting. Councilman Smith stated that they be allowed to hold their meeting after it was ascertained if it was in the proper meeting ~rea, zoned for such activities. Councilman Saui requested if there was any information to the effect that it would be held in Lim~enville, also stating that it should possibly carry the approval of the Fire Chief, Police Chief, an~ the Lindenville Housing Authority if it ~ ~o be held in that area. Councilman Smith aske~ the City At~m~ey for a stated motion on this approval to which City Attorney Lyons stated that the permission of the Fire Chief, Police Chief be given an~ also that it be in a zone designated for proper meeting place and if in the Lindenville area, that it CamTy the permission of the Housing Authority. Counci~u Smith so moved, seconded by Councilman Sani a~ regularly carried. C~unieatiem wms received from the Foster & Kleiser Co. with regard to Senate Bills 733 and 734 and Assembly Bills 21~0 and 3~5 regarding proposed legislation on advertising. The communication was ordered filed. Applieatiem ~ reeeive~ from D. L. WebIter & E. V. Miller to e~ in the business of ornamen+~ ires and wmlding un~mr the firm name of So. City Iron Works, locate~ at 512 Cypress Avenue. Motion was ma~e by Councilman Braeco, seconded by Councilman Smith and regularly carried, that permission be granted o Application for business license as received from Christ Dariotes for a drive inn restaurant was re- ~ueated ~o be hel~ over till the next regular meeting as it did not bear the approval of the Health In~pecl~r an~ Building Inspector. Clunication ~e received from the League of California Cities relative to the annexation of terri- tory outside city ltmtts. It wms moved by Councilmam Brmeco, seconded by Councilman Sani and regu- larly carried, that the matter be referred to the City Attorney. Motion was ma~e hy Counci/~an Sani, seconded by Councilmam Noonan an~ regularly carried, that claims as submitted and audited by the Finance C~ittee be am~ov~. Total amount of cla~m~ - $27,336.95. City Attormey Lyons then state~ he ha~ prepared a resolution for the execution of an agreement betw~e the city a~ ~eaw~en Development Co. on Sunshine Gardens Subdivision No. ~, stating that the agreement bond az~ plans an~ specifications for the ar~a were all in or~er. Councilman Bracco introduced a resolution of the city council of the City of South San Frmneisco authorizing the execution of an agreement between s&id city and Garden Develol~ment Company, a private corporation, relative to the construction of public improveaents in that certain subdivision known as Sunshine Gardens Sub. No. ~. Roll call vote wms as follows: Ayes, Councilmen Noonan, Sani, Corte~i, Bracco, Smith. City Attormey L~ then brought up the condemmation resolution for Park Haven Subdivision sewer e~ ~nt. Ceuneilman ~ani introduced a resolution .declaring the necessity of acquiring certain prop- erty in t~ coum~ of San Mates for the purpose of laying, insl~2_li~, and maintaining a sanitary sewer t~ serve the Park Have~ SubdiviIiou in the Ci~ of South San Frmneiseo. Roll call vote was as follows: A~, Ce~eilm~n N~onan, Sani, CorteIi, Bramco, Smi+~h. City Attewney Lyom~ %ha~ brought up the matter recemmending the a~option of an ordinance to regulate parking in t~ alleys. He stated that in conferring with the Fire Chief, it was .the recc~aendation of that ~a~t head that an II feot clearance should be allowed for fire apparatus. The City Attorney further suggested that a survey be made by the Police Department designating what side of the alley p&rking shoul~ be permitted. Councilman Sani state~ that an ordinance was presently in effect on this matter to which City Attorney Lyons stated that this was for the adoption of an ordi- nance in the residential areas. plans and specifications were on file to which he reported that they were. It was moved by Counc Bracco, seconded by Councilman Smith, that approval be granted if it meets the approval ~of the Bu lng Inspector. Councilman Saul brought up the matter of the parking area to be provided for in t area, requesting to know if provisions had been made for this to which Mr. Rozzl replied he did n know. Councilman Smith stated it seemed enough ~rea was available for parking but also could be utilized for other means as well. Motion as duly made and seconded was regularly carried. LOWRIE PAVING CO. GASOLINE TANK PER, fiTS: SARACCO TANK & WELDING CO. GASOLINE TANK PERMIT: HILLSIDE SIGN PROTEST: SO.S.F. ROD & GUN CLUB TRAP S~OOT: SD ~'a- Request wac received frc~ the Lowrie Paving Co. for the installation of seven tanks to contain pa' a~phalt, fuel oil, gaaolime, and die~el oil. The letter aa submitted was accompanied by the appr~ of the Fire Chief. On motion of Council_man Sani, seconded by Counc~_,~_n Bracco and regularly ca~. permission as applied for was granted. Co~-aunic&tion was received from the Sare~co Tank & Welding Co. requesting permission for the ins~ ation of an undergroun~ gasoline storage tank and pum~ at their plant. Letter as submitted carri. the approval of the Fire Chief. Motion was made by Councilman Bracco, seconded by Councilman Ssi' and regularly carried , that permission aa requested be granted. Co~aunieation ~a~. received from ten residents of the Burl Buri area protesting the installation o: a6vertising sign proposed to be placed on the hillside above South San Francisco. It was moved b~. Councilman Bt&ccc, seconded by Councilman Sand and regularly carried that the letter be referred the Pla&ming C~Ission prior to April 8 so that it would be available at their next regular meet~ Councilman Smith requested a show of hands from the audience as to those who w~re in favor and ag&inet ?~ sign. Ccaaaunicati~9~ was received free the South San Francisco Rod & Gun Club requesting permission to h~ its tra~ shoot Sunday, A~ril 12. It wac mov~i by Couaeil~aa Sani, seeo~ed by Councilman B~aeco regularly carried, that permission be granted if it met with the approval of the Chief of Police. J. GILL GOSPEL MEETING PEI~ffT: FOSTER & ELEI~ER SIGN ADVT: ~7~' C~uale&tion was received from Mr. Julius Gill requesting permission for the conducting of a Go~ Meeting. Councilman Smith stated +~t they be allowe~ to hold their meeting after it was ascerta~ if it wac in the pro~er m~eting a~ea, zoned for such activities. Couaeilman Sani requested if t~ was any information to t~e effect that it would be held in Lir~ville, also stating that it shou~ possibly carry the al~proval of the Fire Chief, Police Chief, au~ t~e Lindenville Housing Authorit~ if it ~ ~o be held in that area. Councilman ~aith aake~ ~e City Att~A~mey f~r a stated motion ¢ t~is .~_~al to w~ieh City Attorney Lycra stat'~ t~at t~e ~e~ai~sion of the Fire Chief, Police C~ be gives aa~ also that it be in a zoae desigmate~ for ]~-~r mee%in~ place and if in the Lin~envi~ area, l~mt it carry the pez~ission of the Nou~img Authority. Councilman Smith so moved, seconded Couaeil~a~ 8cai ar~t r~ularly carried. C~unication was received from the Foster & Kleiser Co. with re~e~d to Senate Bills 733 and 734 a Assembly Bills 2130 and ~S~5 regarding proposed legislation on advertising. The c~unication was ordered filed. SO. CITY IRON WORKS BUSINESS LICENSE: Ap~liemtio~ wa~ reeeiv~ from D. L. Webster & E. V. Miller to e~ga~e in the business of ornamental iron and welding under the firm name of So. City Iron Works, located at 512 Cypress Avenue. Motic was mexte by Couacilm~n Bt&ccc, seconded by Councilman ~aith and regularly carried, that permission granted. BUSINESS LICENSE: A~plication for business license as received from Christ Dariotes for a drive inn restaurant was r 2nested to be held over till the next regular meeting as it did not bee~ the approval of the Healt Inspector and Building Inspector. .LEAGUE OF CALIF. CITIES, ANNEX- ATI~N~ CLAIMS: RESOI~ION N0.187~ SUNSEXNE GARDENS NO. P SOLt ION N0.1876 COND~N~ATION, EASE- Ccaaaunication was received from the League of California Cities relative to the annexation of terx tory outside city limits. It w~ moved by Councilman B~meeo, seconded by Councilman Sani and reg~ larly carried, that the matter be referred to the City Attorney. Motion wa~ matte by Councilman Sani, seconded by Councilman Noonan and regularly carried, that clai as submitted and au~itsd by the Finance Committee be a~o%&~. Total amount of cla!m, - $27,336.9 City Attorney Lyons then stated he had prepared a resolution for the execution of an agreement bet the city a~ Garden Development Co. on Sunshine Gardeae Subdivision No. ~, stating that the agrees bond amd plane an~ specifications for the area were all in order. Councilman Bt&ccc introduced a resolution of the city council of the City of South San Francisco authorizing the execution of an agreement bet~en s&id city &nd Garden Develo~nt Cc~, a private corporation, relative to the construction of public improvements in that cex-~ain subdivision known as Sunshine Gardens Sub. No. Roll call vote w~e aa follows: Ayes, Councilmen Noon&n, Sani, Corteai, Bracco, Smith. City Attormey Lyons then brought up the condemnation resolution for Park Haven $~bdivision sewer easement. Councilman ~ani introduced a resolution declaring the necessity of acquiring certain pr erty in tbs county o~ ~an Mateo for the purpose of laying, installing, cad maintaining m sanitary sewer to serve the Park Have~ Subdivision in the City of South San Francisco. Roll call vote was follow~: Ayes, Councilmen Noon&n, Sani, Cortesi, Bt&ccc, Sazith. O~D INANCE: City Attorney Lyons then brought up the matter recce.,ending the adoption of an ordinance to regula' parking in the alleys. He stated that in conferring with the Fire Chief, it was the recce~endatio~ of that department head that an ll foot clearance shoul~ be allowed for fire apparatus. The City Attorney further suggested that a survey be made by the Police Department designating what side of the alley parking should be permitted. Councilman Sani stated that an ordinance was presently in effect on this matter to which City Attorney Lyons stated that this was for the adoption of au ord~ nance in th~ residential areas. City Attorney Lyons also stated consideration should be given for the provision of an ordinance regu- lating the parking in the residential areas to the effect that uo vehicle can be parked that extends more than seven feet out from the curbing. He stated that if the council was in accord, he would c~nce drafting of this~ erdinance. It was moved by Counci~u Smith, seconded by Councilman Noonan amd regularly carried, that the City Attorney, in accord with the Fire Chief, Police Chief, Street Department and City ~anager, be authorized to draw up the necessary ordinance. Councilman Smith then brought up the parking ordinance already in. effect with regard to the matter that ha~ been ~bromght up at an earlier meeting, that wa~ creating a n~uisance. City Attorney Lyons stated that au ~r~inanee was in effect restricting ~r~ing between the hours of 2 a. m. to 6 a. m. of any day, but that full enforcement should be made so that it would be in fairness to all. He further state~ t~nt inspection ha~ been made by the Fire Chief, Police Chief and Nealth Department on the rotter of the nuisance complaint and that c~itions h~ been found to be fair. Councilman Noo~an reqm~sted that a written report be obtained fr~a the C?zief of Police on' this matter. City Nazm~er ~lu~ stated that this had already been done by the Eealth Department, but that he would request from the Police Chief a full written re~ort on this matter. SAN ~UNO ROAD ~~T: The matter of San ~runo Roe~ Abandonment was a~ain brought up. City Manager McOlung stated that he had written to Eugene Riordan for a full report on t~ fill to be placed and if the pipe would be covered. The re~ wa. still being awmi~ed. CODIFICATION OF CITY ORDINAI~E~: Couneilmam Smil~ m~ve~ that the City M~er be instr~t~ t~ e~in~ ~ +~ co~ti~ of ~ ci~ ~~. Ci~ ~r ~l~g s~ ~t s~ielent c~ie~ ~ ~n ~pr~ed ~d ~t t~y ~ ~i~ p~ea~ to ~i~ ~ p~s t~t ~ no l~r in effect. Co~ci~n ~ 8~ ~t ~8 ~ ~ ~ ~ ~ ~s ~ici~. ~i~ ~ ~ ~ sec~ ~ Co~c~n N~. Oi~ A~ey L~ a~d ~t c~ifieatiou ~ n~ ~ pr~r ~ but t~t the ~ ca~i~ ~ a ~ p~r ~ to be a~li~ to ~ich C~ci~ ~ s~d ~is ~s a p~l~- i~ a~ in c~ifi~tion.~tion ~ d~y ~e a~ aec~ed ~ ~~ly c~i~. CREATION OF DEPARTMENT OF PUBLIC WORKS: Councilman Smith t~mn moved that the Core, il a~oi~t a ce.mzittee com. isting of a member from each Co~aai. ai~ ama ~ .~ three citizens well 2ualifie~ im o~mat~i~a, and the City Manager as chairmma, f~r t~ pur~e ~f dx~fting a c~late ~.amA1 ef pA~me*~-e a~ Organizational Chart of the City se t~ every position in t~ City ~ay be "spelled out" in writing as to duties, respon- sibilities, .~A am~ty, a~ w~en the c~ttee has completed this project they submit it to the Council f~r final a~pr~val. Councilman Noonan requested that this be placed on the next study Councilman Smith state~l that he foun~ himself in rather an aw~aa~i position re~mrding the engineer problem and felt there w~. ~ o~e approach which was a direct al~proaeh, believing each project shoul~ sta~ o~ its own merits. From the start, he stated, he had advocated for a full time engineex amd felt t~t a De~nt of Public Work~ should be set up. Ne t~n made the following motion: I move that t~ Works E~ineer be imm~iately discharged and all contracts with the Works Engineer be terminated for read.ns as reported in the Council appointed C~maaittee of Hynding, Wilsey and Narzfeld and by reasons as reported in the Council appointed ccmm~ittee consisting of m~self. Mayor Cortesi .~ated that from previous discu~sion~ he thought that the Nmmager should first be notified to advertise for applications for an Engineer. Councilman Bracco .~at~ that he understood a con- tract existed betwmen the City and the present Works Engineer. City Attormey Lyons stated that if it wa~ a bona fi~e co~trm~t, it would be binding but that he would have to check on it first· Councilman Smith then moved that the Council request the City Clerk and instruct the City Manager to produce all contracts and agreements with +_.he Works Engineer Ba~dlett which pertain to fee rates, tenure of office, salary, remuneration, privileges, reim~ur~emmnts an~ other matters which will clarify the s~t~. of the Works Engineer. Motion as made was seconded by Councilman Noonan and regularly carried. Councilman Smith then moved that the Ct=~=~.~ttee Report of Councilman S~ni and himself be accepted an~ that the Council continue the study of the project so a~ to work out the details; and that the Council instruct the City Manager to advertise for applinants for the position of Director of Public Works an~ that the ~m. ition shall be filled by an experienced registered Civil Engineer and Director of Public Works; and that the following departments shall be included in the Department of Public Works: Street, Sewage Disposal Plant, Park, Sewer, Building Inspector and Engineering departments and that other possible departments be considered in our council study; and that the City Attorney be in.l~ructed to submit a report to the Council in regard to the necessary legal steps required in establishing the office of the Director of Public Works and a Depa _r~_nt of Public Works. Councilman N~n stated that he would like to await the report before seconding the motion ~s made by Counei~ Smith and would second it if Councilman Sani would not, but felt Councilman Sani should have the privile~ge of seconding the motion since he w~rked on this cc~m~ttee with Councilman Smith. Councilman Sani stated he felt further study should be made before it was fi~ly passed. He furt~r stated that information had leaked out to members of the press. He re~uested information from the member~ of the co,moil if they had disclosed th~s information to which all of them denied any knowledge. The report that was submitted about one month ago prior to tonight's report from the three man co~maittee had to be returned so that certain ineorrections could be corrected. He stated that one of the~e was ~he fact that Mr. Nynding wa~ not a regi.tere~ engineer and he at that time warned the council that he felt Mr. Hynding was not a registered engineer. COU~i'RY CLUB: T. KAY ~: Councilman Noonan re~d that since the solution was so near at hand tonight, that +_._k~_ Depart_ _ut of Public Werks be passed ~. He felt that the only thing that was holding up its passage was the fact that it ~m. not to be under the City Manager. Councilman Smith then restated his motion as follOWS: I move that the council instruct the City M~ t~ advertise for applicants for the position of Director of Public Works and that the position should be filled by an experienced regis- tered civil engineer and Director of Public Works; that the following ~l~nts should be included in +~be de~nt o~ public works: Street, Sewage Disposal Plant, Park, Sewer, Building Inspection, and Engimeer De~nts. Councilman Smith then said t~t sc~e work should be commenced this eve~in~ His motion a~ ma~e was seconded by Councilman Noonan. Under the question, Councilman Bracco suggest~ that tha six de--nra to be included under the Dept. of Public Work~ be eliminated frcm the moti~ and that the council only vote on the creation of the Dept. of Public Works and authorize the City Manager to start proceedings. Councilman Smith s+~ted that this information was needed in order to obtain men wi%h the proper qualifications to fulfill the duties of Director of Public Works. Motion as duly made and seconded was regularly carried with the exception of Councilman Sani who voted no. The council wa~ given t.h,~n of a~preciatiou from a ~ber of ~ a~ence for ~e re.ir of t.~ r~ in Co~ Cl~ P~k ~ ~q~s~ at ~ e~lier ~ti~. ~. ~ ~ e~~ his c~t~tious and ~shes for suc~ss ~ ~ ~ers of the city cocci] for t~ c~nc~nt of t~ De~t-~nt of Public Works ~ch ~s s~ed this e~ni~. ~ ~i~ no f~r b~iness, the meeti~ ~s ~Jo~ed at 11:45 p.m. ~ 8.~'~1' 3.~tO~O ROA~ ABA~O]~CE'~': ~'0,3/ The matter of San Bruno Road Abandonment was again brought up. City Manager McClung stated that he had written to Eugene Riordau for a full report ou the fill to be placed and if the pipe would be covered. The report was still being awmited. CODIFICATION OF CITY ORDINANCES: Councilma~ S~i+,h m~ve~ that the City Manager be iu~trm~t~ to continua with the co~lcation of the city or~iwa~s. City Manager Me, lung stated that sufficient copies ha~ been reproduced and that they were being processed to rescind the parts that were no longer in effect. Councilman Smith stated t~t his m~tio~ was made to make this oi~ficial. Motion a~ mazle wa~ seconde~ by Councilman Noonan. City Attorney Lyons stated that codification w~e not the proper term but that the term cataloging wa~ a more pro~r term to be applied to which Councilman Smith stated this was a prelim- inary st~p in codification.Motion as duly made amd seconded ~ reg .ularly carrie~. CREATION OF DEPARTMENT OF PUBLIC WORKS: Councilman S~i~h then moved that the Council a~oint a ccmamittee consisting of a member from each Commission a~ Boar~ and three citizens well qualified in organization, and the City Manager as c~hairmma, f~r t~ purpose of dx~fting a cc~lete Manual of proce~mre and Organizational Chart of the City so that every position in the City may be "spelled out" in writing as to duties, respon- sibilities, and authority, and ~hen the c~_ttee has c~leted this project they submit it to the Council f~r final approval. Counc~l-~n Noonan req~sted that this be placed on the next study Councilman Smith state~ that he found himself in rather an aw~ position regarding the engineer proble~ and felt there ~ only one approach which w~s a direct approach, believing each project sh~ul~ sta~ on its own mmrits. From the start, he stated, he had advocated for a full time engines amd felt t~t a De~t of Public Work~ should be set up. He t~n made the following motion: I move 1~ t~ ~ Engineer be i~iately discharged and all contracts with the Works Engineer be termi~at~ f~r r~a~ens as reported in the Council appointed C~ittee of Hynding, Wilsey and Earzfeld a~ By reasons as reported in the Council a~ointed committee consisting of myself. Mayor Corte~i ~ that frem previous diecm~sion~ he thousbt ~ t~ ~maa~r should first be notified to advertise f~r a~lieations for am Eagi~eer. Councilman ~aeco ~t~A that he understood a con- tract existed bet~en the City and ~ present Works Engineer. City Attorney Lyozm stated t~t if it wa~ a bona fi~e e~x~, it would be binding but that he would have to check on it first. Councilman Smith then moved that the Council request the City Clerk and instruct the City Manager to produce all eontrme~ a~ a~nts with the Work~ E~eer ~a~llett which pertain to fee rates, tenure ~f oi~iee, sal~, red,aeration, privile~s, rei~m~s_~at~ a~ et~r matters which will clarii~y t~e s~u~ of the Work~ E~gi~r. Motion as ma~e was seconded by Counci~ Noonan ~d ~~ly c~. e Councilman ~mith then moved that the C~m-~ttee Report of Councilmaa S~ni and himself be accepted an~ that the Council continue the study of the project ~o a~ to work out the details; and that the Council instruct t~e City Manager to advertise for al~lieant~ for t~e ~o~ition of Director of Public Works a~ that t~e ~ettion shall be filled by an experienced registered Civil Engineer and Director of Public WorWa; and that the following departments shall be included in the Department of Public Works: Street, ~ewage Disposal Plant, Park, Sewer, Building Inspector and Engineering departments and that other possible deparlm~nts be considered in our council study; ami that the City Attorney be instructed to submit a report to the Council in regard to the necessary legal steps required in establishing the oi~fiee of the Director of Public Works and a Depar~nt of Public Works. Councilman Noo~an stated that he would like to await the report before seconding the motion as made by Counei~ Smith amd would second it if Councilman Sani would not, but felt Councilman Sani should have the prtvile~ge of seconding the motion since he w~rked on this c~ttee with Councilman Smith. Councilman Sani stated he felt further study should be made before it was finally passed. He further stated that information had leaked out to members of the press. He requested information from the members of the council if they had disclosed this information to which all of them denied any knowledge. The report that was submitted about one month ago prior to tonight's report from the three man co,tree had to be returned so that certain iucorrectious could be corrected. He stated that one of the~e w~ ~he fact that Mr. Eyuding was not a registere~ engineer and he at that time warned the council that he felt Mr. Eynding was not a registered engineer. Councilman Noonan rem~d that since the solution was so near at hand tonight, that the Department of Public Werks be passed ~. He felt that the only thing that was holding ~p its passage was the fact that it ~ not to be under the City Manager. Councilman Smith then restated his motion as follows: I movm that the council instruct the City M~r t~ advertise for applicants for the position of Director of Public Works and that the position should be filled by an experienced regis- tered civil engineer and Director of Public Works; that the followir~ ~nts should be included in the department o~ public works: Street, Sewage Disposal Plant, Pa~k, Sewer, Building Inspection, and E~imeer De~nts. Councilman Smith then said t~t sc~e work should be commenced this eveDin~ His motion a~ ma~e w~e seconded by Councilman Noonan. Under the question, Councilman Bracco suggest~ that the six da~-~aents to be included under the Dept. of Public Wor~ be eliminated from the motim and that the council ~nly vote on the creation of the Dept. of Public Works and authorize the City Manager to Sl~A't proceedings. Councilman Smith stated that this info .rmation was needed in order to obtain m~n with the pro~r qualifications to fulfill the duties of Director of Public Works. Motion as duly made and seconded was regularly carried with the exception of Councilman Sani who voted no. COUNTP~ CLUB: T. KAY ~: ~'~o The council wa~ given thanks of appreciation from a membe~ of the audience for the repair of t_he road in Country Club Park as requested at an earlier meeting. Mr. Th~ E~y extended his congratulations and wishes for success to the members of the city council for the c~mencement of the Depa~-~nt of Public Works which was started this evening. There being no further business, the meeting was adjourned at 11:45 p. m. ~t~//~~~~ Respectfully submitted, ~~ ~ ~ PLACE: [~: 1 CALL TO ORDER: ROLL MINUTES: sm vIc NEW BUBDIVIBION8: STERLING TERRACE DRAINAGE PROI~.W~S: ~"o ,9' 7 REGULAR MEETING OF THE CITY C OUNC IL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, APRiL 20, 1953 Council Chambers, City Hall 8p.m. The meeting was called to order at 8:20 p. m. by Mayor Cortesi. Present: Councilmen John Noonan, Adolph Sani, Emilio Cortesi, Joseph Bracco, Telford Smith A~ent: ~ None Mayor Cortesi asked if there were any errors or cezissions to the minutes of the previous meet- ing. Councilman Smith stated that he would like to have the minutes of the previous meeting corrected to' show that remarks made by Councilman Noonan were opinions and not statements. At this point, Councilman Noonan remarked to Mayor Cortesi that he felt Council_m~n Smith was out of order. He further stated that the minutes reflect what was actually said. Councilman Smith then stated that: "On the regular meeting held April 6, 1953, Councilman Noonan made the following statement and I quote from the minutes: 'He further remarked that the ~i~pute was between Councilman Smith and Works Engineer Randlett and that he, as a councilman, had suggested a co~ttee to be appoin ed to investigate the improvement of Spruce Avenue Bridge.' May I bring to the attention of the Council that the remarks of Councilman Noonan were stated as a fact when he relegated the re- ports to the classification of disputes, when in fact it could have geen only his opinion. I hereby request that Councilman Noonan clarify his statement for the record." Councilman Smith remarked in his second statement as follows: "Councilman Noonan -- and I quote from the regular meeting of April 6, 1953 -- stated t~t, · Mr. Nar--feld's report (I taAe it he meant the cc~ittee's re~ort) did not lay the blame or fauJ on the E~gineer.' May I bring to you~ attention Be~olution No. 1862 amd I quote from the min- utes of the regular meeting of Febru~ 2, 1953, .;... 'Councilman Noouan introduced a resolutior. of the City Council of the City of South Sam Francisco authorizing the employment of two engin- eers and an attorney to investigate all phases of the construction of Spruce Avenue Bridge.' Ir. my opinic~ the Report did show poor engineering and I request that Councilw~n Noonan change his statement to that of an opinion." Councilman Noouan said that this took place on the night that Works Engineer Randlett questioned Councilman Smith and revolved around the appointment of a co~mittee. Councilman Smith then ree~l the motion of Councilman Noonan on November 3, 1952 which w~$ made for the appointment of the c~ittee and the resolution which he (Councilman Noonan) introduced on February 2, 1953. Councilman ~nith then remarked in his third statement as follows: "Councilm~n Noouan stated, and I quote from the Minutes of the regular meeting of April 6, 1953j ..... 'In vie~ of the fact that I suggested the appointment of the Spruce Avenue Bridge Coaxnittee to solve the conflict between the report of Mr. ~aith and Mr. Randlett, I feel it m~ duty to make certain motions now as to aece~ting and rejecting the various items in Councilman's Smith' ~ report, an~ the Bridge Ccmaaittee's report.' M~y I bring to the attention of the Council that the above statement does not conform to Resolution No. 1862. The resolution authorized the employment of two engineers and an attorney to investigate all phases of the construction of Spruce Avenue Bridge. For the record I request that Council,~_n Noonan correct his statement." Councilman ~nith remarked as follows in his fourth statement: "Councilman Noon~n stated, and I quote fr~ the Minutes of the regular meeting of April 6, 1953'. ...... 'Councilmem ~mith raised an inference of illegality in awarding the contract in his repor~ I wish to again state m~ report is in writing. Will Counc~lw~u Noonan please withdraw his stat~ sent or substantiate it or relegate his statement to that of his opinion. The above request is made for the record." At this point, Councilman Noonan read from the report on bids that were received. Councilman Smith then stated as follows in his fifth stal~maent: "Councilman Noonan stated, and I quote from the Minutes of the Regular meeting of April 6, 1953 ....... 'In this regard I call your attention to page 11 of this report quote as follows"...such power is valid and binding on the parties to the contract, except in the case of fraud, or such gross mistake as would necessarily imply ba~ faith or a failure to exercise honest Judgment. I cite this to sho~ you that the ceamzittee in concluding that the excuse wac bin~ing, in fact by inference decided that there w~s no fraud, no gross mistake, no bad faith and no failure to exercise honest Judgment., It is my opinion that Councilman Noonan has ba~ed his statement on inference and should correct him statement to that of his opinion. I hereby request that Coun- cilman Noouan correct his statement to that of an opinion, for the record." Councilman Noonan then cited Councilman Smith's desire to sue Arthur Ba~n for the money, furthe~ stating that the Attorney was the only one that backs up his investigation. Mayor Cortesi agai"~ requested if there were any corrections to the minutes. There being no corrections or addition, to the minutes, they were accepted and ~pproved. Ccmemanieatio~ w~a received from the office of the City Manager with regard to providing municil~ cervices to new subdivisions. The matter was ordered laid over for further study. C~unication ~a~ received free the office of the City Manager with regard to the two quotation for engineering services invelving the study of Sterling Terrace drainage. This was accom~anie by the letters as received by the City Manager from Mr. J~mes Breen and Mr. Basil Waters, Jr. relative to the pA'~l~asad work. At this point Councilman Noonan remarked that the Paradise Valley l~le -hsd been p~tient but that he would like to entertain a motion but would hold the motion up until it came up again under ~ood and Welfare. After a brief discussion among member of the council, Councilman Noonan moved that in view of the fact that the city's own Department of Public Works was to be coa~nenced, the matter could be tabled and referred to the Department of Public Works. Motion as made was seconded by Councilman Sani. Councilman Smith requested that possibly the people from that neighborhood could be allowed to speak on the question. At this point Mr. Barri, President of the Paradise Valley Im~ovement Club stated that in order to C~ERATION OF JUNK DEALER BUSINESS ' S: NICOLOPULOS & MOYLE save the city money, they had spoken to two men, the project had been studied, and they admitte a problem was there. However, they did have a solution to this problem and felt that they had a good one. Motion as duly made and seconded was regularly carried. Coma~unication was received from the office of the City Manager accompanied by a communication the City Manager from the Chief of Police relative to the operation of Junk dealer business by Mr. Ross and others. Mayor Cortesi appointed himself, Councilman Noonan, City Manager McClung and Chief of Police Belloni as a committee to work on the meteor. C~uni~tion was r~ceiv~d from the office of the Chief of Police with regard to the appointmer. of Gus J. Nicolopulos and Arthur W. Moyle as regular police officers on a one year probationar~ period c~ncing April lB, 195B at a monthly salary of $BO5.00. It was moved by Council_man Sani, seconded by Councilman Bracoo and regularly carried, that the appoin_~,~ ents as made by the Chief of Police be confirmed. REALIG~ OF RANDOLPH AVENUE: Communication was receive~ from the ~ffice of the Planning Co~.lssion with regard to the reali~ sent of Randolph Avenue as shown on the map accc~ng their letter. At this point the Count aa a body w~ut over the map which had been submitted. Councilman Noonan moved, seconded by Councilman Bracco, that the recoa~endation of the Planning Commission be accepted and approved and that the City Manager be instructed to c~maence working out the de+ails. Councilman Smith stated that regax~ing the dedications, it would be necessary that motions and resolutions be mm~e to this effect. Councilman Noonan stated that he anticipated this and felt that the City Manager would carry these out. Motion as duly made and seconde~ was regularly carried. Counc~ man Sani ask~ relative to the Engineer, wishing to know how he should be instructed. Counciln No~an stated that he felt the City Manager would liMewime carry this out. Councilman Smith then mow~, seconded by Councilman Bracco and regularly carried, that the City Manager be in- structed to issue instructions to the City Attorney to pre~e the necessary papers. GAEDEN DEVELC~ENT CO. USE PERMITS, STONESON & GALLI USE PEI~glTS: C~unieation w~. receive~ from the Garden Development Co. with regmr~ to their applications f~r te~ directional si~ns W~ich had been de~ie~ by th. Plashing Co~zission. T"~ese were Use Permits N~s. ~)~, ~O~, ~06, ~07. Couneilmmm B--~eo m~v~d, see~ by Councilman Sani and regularly earrie~ that use permits nos. BO~ to BO7 be referred back to the Planning Cc~mission for r~eonsidermtion. Councilman Brmcco then amended his original motion to include also use permits No. ~O8 as a~plied for by Stoneson Develeimment Corp. and Nos. BO9 and BiO as applied f¢ by R. F. G~lli, which were also denied. These were likewise to be referred back to the Planni~ Cornel.sion for reconsideration. P. R. BLYT~E USE PERMIT: Uae Permit re. olution ~Bll as applied fer by Willia.~ & Burro~s f~r She erection of directional sign nar the Guy F. Atkinson Co. and grm~ted by the Planning Ce.mission wmm received. It was moved by Councilman Brmcco, seconded by Councilman Sani and regularly carried, that the use permit aa granted by the Planning C~ission be a~r~ved. Use Permit resolution ~B12 as applied for by P. R. Blythe for the erection of a sign board on Peck's Lan~ and granted by the Planning C~ssion ~ received. Councilman Smith moved, sec- onded by Councilman Bracco and regularly carried, that the rec~ndations of the Planning Com- mission be accepted. PART TIME RECREATION DIR~TOR: C~unication was received frc~ the Recreation Dept. rec~nding a list of applicants for vel to serve as an eligible list for recreation directors. It wa~ also requested that W. R. Callas be approved for employment as a recreation director on a ~art-time basis, for approxi- mately sixteen hours a week at $1.40 per hour effective April 15, 195B. He wa~ to replace Mr. ~.Leary whe resigned April 6, 195B. CouncilmAn Bracco stated that he noted the name of Callas Conner, one lives in San Francisco and the other in South San Francisco. He requested to know from Recreation Supt. BulJan the reason for the choice of Mr. Callas, who is the San Francisco resident. Recreation Supt. BulJan replied that Mr. Callas had eight years experience in this work. Councilman Bracco wished to know why more advertisement h.~ not been done requesting applicants for this work, stating a number of local boys would probably respond, to which Rec- reation S~pt. BulJan stated that advertisement had been made and also letters sent through the office of the CitY Manager. Councilman Bracco stated that it was his desire to give local boys a break and spoke relative to repercussions as to why local boys were not hired. M~s. Nernan stated that qualified personnel was not available locally. Councilman Smith then remarked thai it was possible that since it was a part-time Job and the pay was low, the Recreation C~issi¢ may have had a hard time finding qualified personnel. Councilman Bracco then moved that W. CAllas be hired. It was suggested by Councilman Sani that the motion be made that the recommer. dation of the Recreation Commission be accepted. Councilman Bracco so moved, seconded by Coun- cilman Sani and regularly carried. FRANK W. SMITH CLAIM FOR DAMAGES: C~unieation was received from Frank W. Smith, engineering contractor, claiming damages amounl ing to $2,770.00 done to paving that they were placing on the entrance to the Lindenville Housi Project. This was claimed to be done as a result of work which had been done by the city crew in covering up a drainage ditch. Councilman Bracco suggested the matter be referred to the Cit Attorney. City Attorney Lyons stated that if there were any liability it would be outlawed at this time since the claim would have had to be filed before ninety days time had elapsed. He further stated that inasmuch as it was a private ro~d, that it be referred to the office of the City Manager. FAY IMPROV~2~ENT CO. EXTENSION OF TIME: CALIF. VIKING SPRINKLER CO. BUILDING PERMIT: 5-o7& Cmm~unication was received from the Fay Improvement Co. requesting twenty additional working da to cos~lete the work ou B Street. Works Em~ineer Randlett stated that as a result of the week- end rains, he r~ccmmended that the extension be granted. Councilman Staith asked Works Engineer Raudlett if he felt this was enough time. Works Engineer Raudlett suggested that the extension be granted at this time and that if further extensions were needed, they could request them let Councilman S&ni moved, seconded by Councilman Noonan and regularly carried, that the extension of twenty working days as requested be granted. Co~aunication was receive~ from the California Viking Sprinkler Co. requesting permission to cc struct a new office building in Industrial Acres. Councilman Sani moved, seconded by Councilms Smith amd regularly carried, that the ~building permit be granted providing it meets with the approval of the Building Inspector. UNGARETTI PROPERTY DIRT BANK: Communication was received from Mrs. Rose Ungaretti with regard to the dirt bank which is being created by a nearby subdivider. Mayor Cortesi referred the matter to the office of the City Manager. City Manager McClung stated that this had already been referred to the subdivider and advised that he would contact Mrs. Ungaretti. However he was of the opinion that the slopes would be planted and valley gutters to be placed at the base of the slopes. SANTO CHRIST0 SOCIETY C ELEBRATI ON: ~AYFAIR CCMM. CLUB DANCE .PERMIT: ROYAL MACHINE MFG. CO.' BUSINESS LICENSE: CROTTY'S VACUMN CLEANER REPAIR BUSINESS LICENSE: ARMY & NAVY STORE BUBINESS LICENSE: £-/~'O o GOEDON PETE~BEN BUSINESS LICENSE: COUNTY PLANNING C0$~M. NOTICE OF NEARING: CITY ~PLOYEE8 RE: SALARIE~: CITY OF Tt~tIDCK INVOCATION FOR MEETI/~: GAS & ELECTRIC FRANCEISE PA~: CLAIM~: ~-oJ 3 MONTHLY REPORTS: RESOLUTION NO. 1877 AM~O. RES. ~ 1805: RESOLUTION NO. 18'78 APPROVING ~,SESI~MENT DIAGRAM FIRE PROTECT- ION SYSTEM: Communications were received from the Santo Christo Society extending an invitation to city officials to participate iu the annual parade to be held April 26. Councilman Noouan moved, seconded by Councilman Smith and regularly carried that an expression of thanks be sen~t to the Santo Christo Society, advising them that participation by city officials would take place. Communication w~s received from the Mayfair Community Club requesting permission to hold their dance at the Windbreaker Hall May 2, 1953. It w~s moved by Councilm~n Noonan, seconded by Councilman Bani and r~gularly carried1 that permission as requested be granted. Application for business license to engage in the business of manufacturing metal products un,er the firm name of Royal Machine Manufacturing Co., 100 So. Linden Arenas, as applied for by Louis Walcher, w~s r~ceived. City Attorney Lyons stated that this firm has been manufactur- ing since last August and would therefore require last year's business license as well. Coun- cilman Bani moved, seconded by Councilman Bracco and regularly carried, that the business license be granted and license be paid as recommended by the City Attorney. A~plication for business license to engage in the business of vacumn cleaner repair and sales un~r the firm name of Crotty's Vac~an Cleaner Repair, 302 North Fairway Drive, was received. Motion was made by Councilman Bani, seconded by Councilman Smith and regularly carried, that the business license as Applied for be denied. Applicatie~ for business license to engage in the business of males of surplus Army and Navy goods under the firm name of Army & Navy Store, 207 Grand Avenue, was r~ceived. Councilman Bramco suggested that this be referred to the Health De~a-tment. CoUnCilman Bani moved, sec- onded by Councilm~n Bracco and regularly carrie(l, that business license be granted providing it had the a~proval of the Building Inspector, l~ealt~ De~nt and Fire Chief. A~li~i~ fox business license to engage in the business of o~ysan vending machine as applied for b7 ~on J. Petersen of San ~a~.o ~ received. Fire Chief Welts stated that there was not t~o much experience ~n this machine, citing s~a. of t~e hazards that w~re ~oasible by dis- pensi~ exy~mn by this m.t~. N~ rmq~ste4 that it ~. ~.td over so that further information could be ob%mined. It ~. moved by Councilman Bramco, seconded by Councilman Smith and regu- larly emrrie~, that ~ '~lication be held over pending further information from the office of the Fire Chief. Notice of he,ring wa. received from the San Marco County Planning Commission for the reclassi- fication of certain property free C-1 (retail business) to C-2 ($.neral commercial) district, a. a~lied for by ~awreuee Vannucci. Councilman Brmcco stated that t~ council had no Juris- diction in the matter. Councilman Sani suggested that t~. City ~mm~r be instructed to obtain more information aa it was close to our city limits. City Manager MeClung stated he did not know to~ much about the matter at the present time but would send a letter to the Secretary of the Planning C~ission, ~r. Skillm~n, requesting information as to the type of industry that wm. going into the Area and would have this information for the council at their next study meeting. Matter warn laid over for further study and for information to be obtained by the City Manager. C~unication was received from the South San Francisco Municipal Employees Association with regard to salary increases. Councilman Smith moved, seconded by Councilman Bani and regularly carried, that the matter be filed since copies of this letter had already been made available to members of the City Council. Cozaaunication was received from the City of Turloek, office of th. Mayer, regarding the invoca- tion of prayer at the opening of all council meetings. Mayor Cortesi suggested that the City Clerk be instructed to write a letter to the City of Turlock in answer to this request. It was the suggestion of Councilmen Smith and Bracco that further s~u~y be made into the matter. Councilman Noonan stated that this would necessitate the c~ntaeting of all the ministers and clergy within the city. Councilman Smith suggested that a study be made on the mechanics of this matter with regard to al~pointed times being made for msmbers of the various clergy and other matters pertaining to this. Receipt was acknowledged of gas and electric franchise payments to the city from the Pacific Gm~ & Electric Co. in the amounts of $14,101.99 and $6,59~.66. Councilman Bani moved, seconded by Councilman Bracco and regularly carried, that claims as audite~ by the Finance Committee be paid. Total amount of claim- - $~0,230.21 Councilman Sami moved, seconded by Councilman Bracco an~ regularly carried, that monthly reports as submdtte4 by the Works Engineer, City Clerk, Chief of Police, Fire Chief, Building Inspector and Librarian be aecept.~ and filed. City Attorney Lyons than brought u~ the matter of a resolution to amend Resolution ~1805 with regard to m~ney for the co,at:ruction of the .ewes tmeatm~_nt plant. Councilman Smith asked City Attorney Lyons if this was the resolution as requested by the State to which he replied that it ~ and had been rec~ndm4 by the Director of Finance. Councilman Smith then asked what would be the result if we did not amend our pre.ent resoluti~ to which City Attorney Lyons stated that we might not g-t the funds needed. Councilman Smith then asked what effect would this have with regard to the contracts ~.ently in effect with Works Engineer Randlett ~ which City Attorney Lyons replied that in his e~iniou it would not affect the contracts prese~t~ly' 'in effect. This was to get more money which would be benefiting the city. Works Engineer Randlett stated that this includes the physical plant now in e~ermtion. Councilman Smith asked Works Engineer Randlett if he ha~ received all of his money to which he replied that he had not. Councilman Bani introduced a resolution of ~be City Council of the City of South San Francisco am. riding Re.olution ~1805. Roll call vote wa~ as follows: A~es, Councilmen Noonan, Bani, Cortesi, Bracco, Smith. Council~n Bramco introduced a resolution a~r~ving the ~eoesament diagram for the fire protect- ion system in Im~UStrial Acres. Roll call vote was as follows: Ayes, Councilman Noonan, Sani, Cortesi, Brmcco, Smith. City Attorney Lyons rec~maended the confirmation of assessment for May 18, 195B for both the fire protection system and the streets in Industrial Acres. This would be for unpaid assessment list and the filing of bonds. City Attorney Lyons then stated that the resolutions for Second Lane had been prepared but were being withheld at this time pending two signatures of Mr. & Mrs. Donig on the petition. PREPARATION OF RESOLUTIONS: ORDINANCE AMENDING oho. i~317, UNIFOHM BUILDING CODE: V. F.W. USE OF ORANGE AVENUE MEMORIAL PARK: PUBLIC SCHOOLS PROCLAMATION: a-oq7 O~n~ANCE ~P'~5: ~/67 (~f~er bottom of end of thisp~ge sentence. ) CI~ A~I~R: ~o~/ APPLICANTS FOR PUBLIC WORKS DEPT: INSPECTION OF BLDG. NEAR SMITH PROPERTY: ~-o ~ SMITH LEAVE STAT~: PARKING PROBLEMS: It was the suggestion of Councilman Smith that resolutions to be introduced at the council meetings be prepared ahead of time and sent to the members of the council so that they could be studied prior to the council meeting. City Attorney Lyons stated that he would get the in- formation to the City Manager iu the form of a digest and Brunlug copies made for the council. This would then save the council the necessity of reading the resolutions in their entirety. City Attorney Lyons th~n brought up the matter of the ordinance for the city to adopt the 1949 edition of the Uuiform Building Code reading the ordinance iu its entirety. Councilman Smith introduced for the first reading au ordinance of the City of South San Francisco amending ordinance ~B17 whereby said city adopted the 1949 edition of the UuiformBuildiug Code. City Attorney Lyons stated sines this was an emergency ordinance to be adopted, the urgency clause was introduced into it. Couneilm~n Noonan then moved that the letter from the V. F. W. requesting use of Orange Avenue NemorialParkas submitted, be referred back to the Recreation I~nt and that the V. F. W. be notified to be present when the Recreation Depm~tmentmeets. Mrs. Hernanwlshed to know why it was necessary to go through all the procedure again ina~nuch as the Recreation Department s+~t~d their position in their recent letter. Notion am made was seconded by Councilman Smith and regularly carried. Mayor Cortesi then brought up the matter of issui~ a proclamation for Public Schools Week, between the dates of April 26 and May B. Councilman Bracco moved, seconded by Councilman Sani amd regularly carried, that public schools week proclamation be issued. Councilman Smith then stated as follows: "Ordinance 216 Civil Service Ordinance creates the ~oeitiem of City Engineer. Section 45007 of the Government Code prohibits any action being taken by the City Council from creating any similar position outside of the Civil Service. We have, been informed by an opinion from the League of California Cities which w~s requested by our City Attorney with respect to t~is identical position, and in which opinion the City Attorney sai~ he w~s in agreement, that Ordinance 225 is an invalid attempt to evade the pro- hibiti~n of Section 45007 of the Goverrsnent Code. With this information now before us and by which ~ should be guided it would not be wise ~_-- t~,~ ~ -_ ~ja~&es -_z .~- ** the City Council may withi~ its limited powers ma provided by State Law take certain emergency actions in order to best Protect and serve the interests of the people. However, I am of the firm opinion that there doe, not exist any emergency sufficient to warrant us retaining an invmli~ ordiu~nce. It might ~a-y well be that we may be subjecting ourselves to personal liability. I therefore move that Ordinance No. 225 of the City of South San Francisco be re- pealed and further that a state of emergency no l~nger exists." Councilman Noonan moved, seconded by Councilman Bracco, that t~e matter be tabled. This w~a regularly carried with the exception of Councilman Smith, who voted no. Councilman Smith then asked for a ruling on the status of the City Auditor towhich City Attorn Lyons stated that he was not prepared at this time to present the status as requested and needs sufficient time in which to obtain the ~acts. From what he had gathered, he had been hired on a contract. He further stated that he vas not qualified to give an opinion without first ob- taining all of the information, stating that Mrs. 0ttenfield, the person who was most able to give the information needed, wem presently off work ill. Councilman Smith then requested that an outside auditor make an audit of the city books as one had not been made for some time. City Attorney Lyons stated that the city did not have an audit at the time Mr. Hyland passed away. Mayor Cortesi moved that an outside auditor be en- gaged to conduct the audit as suggested, Councilman Noonan rema~wked that he was not in favor of panic legislation being enacted. Councilman Smith stated he felt that an audit should be conducted to which Councilman Noonan stated that he would suggest that the facts be first ob- tained from the office of the City Manager on audits, ascertaining when they should be held and all the facts pertaining to them. Councilman Bracco suggested that a report be obtained from the city manager on when audits were needed. City Manager McClung stated that he would contact other cities with regard to what steps were taken in obtaining an audit. Mayor Cortes~ withdrew his motion. Councilman Noonan then moved that the City Manager be given authority to make a study as to the method used by other cities and to report back at the next meeting. Motion as made was seconded by Councilman Brmcco and regularly carried. Mayor Cortesi stated that the City Manager had been instructed to advertise for a public works department at the last meeting and that a meeting must be held in order to ascertain what qualificat%ons were to be set forth for the position. Councilman Smith asked what information was needed to which City Manager McClung replied that it wms with regard to salary, duties, chain of c~nd, and if the position w~s to be civil service as the field was a very compet- itive one. City Manager McClung stated that he was ready to advertise for applicants at any time that the requirements were prepared as they ha d been requested. He further citied the ads as they appeared in the Western City Magazine which placed in detail all the requirements that applicants were expected to fulfill. Councilman Smith remarked to City Attorney Lyons that in previous discussions about the Department of Public WOrks, it was not to be placed under Civil Service. Councilman Noonan stated that the question.as he understood it was wheth or not the applicant was to be under Civil Service. CouncilmmnSmith stated that he was expres ing himself as not being in favor of the applicant to be under Civil Service. City Attorney Lyons stated the applicant could or could not be u~der Civil Service. It was a problem for th City Council to decide. Councilman. Noonan remarked he was in favor of laying the matter over until the next study meeting. Councilman Smith then brought u~ the m~tter of the fire that recently occured near his plant, stating that it was presently occupied again and in protecting his own prolerty, requested an inspection be made by the Building Inspector and Fire Chief. Counci!man Smith then requested permission to leave the state. He stated he was to be gone Thursday, Friday and Saturday of the week. On motion of Councilman Sani, seconded by Counciln Bracco a~ regularly carried, permission was granted to Councilman Smith as requested. Councilman Brmcco then brought up the matter of parkingproblsms remarking on the recent purcl of property, requesting to know what .was being done to alleviate the situation. City Attorne~ Lyons requested permission to study the laws in establishing a Parking Conmzission, stating t~ they would have certain powers and that he would like the authority and instructions to prep~ a study. Council_man Sani stated that there were so many commissions already that it was his impressions that the Planning Commission was to handle these problems. City Attorney Lyons marked that Mr. Senaldi, Mr. Kay and Mr. Fourcans had been appointed on this committee at a **on our part to permit such a situation to continue. Under certain Circumstances when emergencies compel, (continued above) PARKING PROBL]~: BICYCLE OI~D INANCE: APPROVED: prior meeti~ and that if it was in accord with the council, he would contact the c~zittee and then report back to the council. He further stated that for the welfare of the city, a study should be made on ~this problem. Councilman Sani suggested that they should make their report an~ then get the legal report later. Counci.lman Bracco stated that he would like to see the matter expedited and moved that the City Attorney make a repSrt to the Parking Com- mittee of the Planning Comaission on how to proceed and for the committee to report back to the council. Motion as made was seconded by Councilman Noonan and regularly carried. Mr. Victor Robinson then inquired if a federal census could not be requested for additional gas tax ~unds since such an increase was noted in the populatioh. Councilman Bracco moved that the census be taken this year if possible and permissable. Councilman Smith requested information as to the cost on this work to which City Manager McClung stated that SB,OO0.O0 had been placed for a Sl~ecial census and was informed that the city was l~m~ted to the n~ber of censuses that could be ~aken in order to collect in lieu monies. He further remarked that he would like to wait and see the outc~e~ of Sunshine G~rd~ns as the city w~s limited to two special censuses. City Attorney Lyons stated that he h.~ bee~ informed that only one special census was ~ermissable in ten years but would also make an inquiry into the matter. Councilman Brac~o then withdrew his previous motien and moved that the City Manager be instructed to bring back all the information on the special census and also all the information as to the facts on how it was to be held. Motion as made was duly secon&ed by Caunci!mmn Smith and reg- ularly carried. Nra. Nernan than s+~ted that the Recreation Ce~ission m~ets next Tuesday night and invited De1~y Bell, who ~as l~eeent at the council meeting, to meet with them at that time. Mr. Boido then s~oke on the ~arking problem urging the cooperation with businessmen in placing lots in areas whmr~ ~trking problems exist. Councilman ~mith then ~ regarding City Man- ager MeClung,s idea with regar~ to businessmen purchasing ~x~t,~y as a company. City Manager MeClung then s~oke on a meting that w~ bel~ recently in St~e~ .erring forth three of the propoae~ plan. that h.~ been sugg~ste~, one being the creation of a I~rking authority, second, providing l~rking .A~AS from the revenue derived fre. ~rking m~terw and third, a grou~ of businee~men asee.~ing th.receives, al~ointing a bomA~ ~ getng imto the parking lot problems with the ~urehe~e of property. He further cite~ a macring to be held by the c~ ttee and ideas to be pre. ented to them at that time. Mrs. Carlyle again brought up the matter of the bicycle ordinance, asking what was being done in the matter. City Attorney Lyons stated that details would be needed with regard to fees and on other information ~ertinent to the licensing of bikes. Councilman Noonan suggested that the Chief of Police and City Attorney confer on the matter and submit a plan to the counci There being no further business, the meeting was adjourned at 10:45 p. m. Respectfully submitted, City Clerk