Loading...
HomeMy WebLinkAboutMinutes 1956-01-03PLACE: TIME: CALL TO ORDER: PLEDGE OF ALLEGIANCE ~ INVOCATION: ROLL CALL: MINUTES: CLAIMS: .~O/.u~ MAZZANTI REZONING: REGLV~AR MEETING OF THE CITY COUNCIL OF TEE CITY DF SOUTH SAN FRANCISCO HELD TUESDAY, JANUARY 3, 19 56 Council Chambers, City Hall 8p. m. The meeting was called to order at 8:15 p. m. by Mayor Smith. Pledge of Allegiance to the flag was recited; after which invocation was given by the Rev. R. Conrad, of the Parkwood Methodist Church. Present: Absent: Councilmen Andrew Rocca, Francis Lucchio, Emilio Cortesi, Richard Gamlen, Telford Smith None Mayor Smith asked if there were any errors or corrections to the minutes of the regular meeting of December 19, 1955 and the adjourned regular meeting of December 20, 1955. Councilman Rocca moved, seconded by Coun- cilman Gamlen and regularly carried, tha~ the minutes be approved as submitted. Mayor Smith askedif there was a motion ~o approve the claims for payment. Councilman Cortesi so moved, seconded by Cuuncilman Gamlen and regularly carried. Total amount of claims - $42,8L1.59. Councilman Cortesi remarked to the Mayor and members of the Council that he noticed quite a crowd of people gathered this evening, and was certain that most of the persons gathered wished to return home early; and, since there was a heavy agenda before the council, moved that the Mazzanti re- zoning matter be taken up first. CounciLman Lucchio seconded the motion, whick was regularly carried. Mayor Smith then moved that the Council set up rules for this hearing; that since the previous hearings were quite lengthy, he at this time moved that any person speaking speak once with a time limit of five minutes. Council- man Rocca seconded the motion, after which roll call vote was as follows: Ayes, Councilmen Rocca, Gamlen, Smith; Noes, Councilmen Cortesi & Lucchio. Councilman Lucchio remarked that in voting no, he did so because he did not want to be arbitrary, but felt that [na matter such as this and as impcrtant as it was, there might be rebu:tal and that an opportunity should be given to do so. Mayor Smith then remarked that the City Clerk had submitted his report on tlc petition and that the City Attorney has advised against comparing the signatures on the basis that the petition for referendum as filed was incomplete as it had no affidavits attsc~ed as required by law. City Attorney Lyons stated that this was correct, further explaining his exam- inat~on of the petitions, the affidavits which were required by law to be mttached, and the provisions of the applicable statutes. He further remmrked that he had instructed the City Clerk that, under the circum- stances, not to spend the time of himself and his deputies in Redwood City going through the registers. Lengthy discussion followed, during which time Mayor Smith suggested the Council setting in motion a program for the City purchasing the property in ~uestion, and financing it through the sale of other property which was surplus to the City. Councilman Gamlen remarked that he felt an appraisal of the industrial property mentioned should be obtained, and then set it for study. Mayor Smith asked if there was a motion to this effect. Councilman Gamlen so moved, seconded by Councilman Rocca, after which further discussion followed. Motion as made and seconded was reg- ularly carried. Councilman Lucchio then moved that any projected use of the land be sub- mitsed to the Planning Commission for their extensive study and recommend- ation to the council. City Attorney Lyons asked to which land Councilman Lucchio referred to, to which he replied that it was the area behind the Orange Avenue Park. Mayor Smith asked that in order to clarify further, was Councilman Lucchio referring to the acquisition of the land and the use. Councilman Lucchio replied, "the ~se.' Mayor Smith then asked if there was a second to the motion. Councilman Gamlen seconded the motion, which was regularly carried. Discussion then took place concerning tke legality of the petitions as submitted; after which Mayor Smith asked if there was a motion to accept and file the report of the City Clerk on the petition in protest. Council- man Rocca so moved, seconded by Mayor Smith, after which further discussion followed. City Attorney Lyons remarked that the report was actually his lengthy report on the legality of the petition. Councilman Rocca then moved that the report of the City Attorney be filed. Mayor Smith remarked tha~ this was what he thought Councilman Rocca intended. Councilman Gamlen asked if this had anything to d~with the repealing ordinance, to whic~ Mayor Smith remarked that this was a separate matter. Motion as made and seconded was regularly carried. Lengthy discussion followed between Mr. Antonio Gaudio, attorney for the petitioners, Mr. Angelo Scampini, attorney for the property owner, and members of the City Council; during which time Mayor Smith requested the Chief of Police to remove Mr. Leone fro~. the audience because of improper language and rudeness. At this time, Councilman Lucchio moved that the Chair's ruling be declared out of order, and that Mr. Leone be allowed to remain. Councilman Cortesi seconded the motion; after which Council- man Gamlen asked Mr. Leone if he would refrain from interrupting the proceedings. Mr. Leone replied he would and expressed his regrets for being carried away. Mayor Smith then asked if Councilman Lucchio would withdraw his motion, to which he stated he would. Furcher discussion continued on the legality of the petition. Discussion also took place concerning the instructions which had been given to the City Attorney at the previous meeting concerning a repealing ordinance, which was to have been prepared by him. After discussion, Councilman Gamlen moved that the matter be referred back to the Planning Commission for rezoning. City Attorney Lyons remarked that the Council could in- strict him to prepare a resolution to be submitted. Councilman Gamlen then moved, seconded by Councilman Cortesi, that the City Attorney be instructed to prepare a resolution. Antonio Gaudio, attorney for the peti~tioners, suggested a re-phrasing of the motion. Councilman Gamlen then asked the City Clerk to read the motion; after which Councilman Gamlen requested that added to it be the wording, "in the matter of the rezo~ing of the Mazzanti property to be referred back to the Planning Commission for rezoning from PCM to R-I." Further discussion followed, after which it was requested that the motion also include, "on the basis of ~he City Council's unanimous vote to rescind the zoning." Furl;her discussion followed, at which tine the following, present in the audience, spoke on the subject matter: Nello Agostini and Mr. McCafferty. Cour.cilman LucChio then moved, seconded ~y Councilman Rocca and regularly carried, that the additional hearing be confined to ten minutes if neces- sary. Also speaking on the subject matter were Mr. Whitehead, Mr. Kelting, Mr. Claar and Mrs. Scannell. Further discussion followed, after which Mayor Smith requested the City Clerk to read the motion as made. City Clerk Rodondi stated that Councilman GamLen moved that the City Attorney be instructed to prepare a resolution on the matter of the Mazzantl prop- erty 'rezoning, to be referred back to the Planning Commission to be rezoned from PCM to R-l, on the basis of the City Council's unanimous vote to rescind the zoning. Councilman Cortesi seconded the motion, followed by discussion, after which roll call vote was as follows: Ayes, Councilmen Lucchio, Cortesi, Gamlen; Noes, Councilman Rocca and Mayor Smith. AngeLo Scampini, attorney for the property owner, remarked as follows: That ';he record show that we protest the ~doption of the resolution - that we deny jurisdiction of the City Council to pass the resolution rezoning it to R-1. RECESS: Recess was declared at 10:08 p. m. and th~ meeting recalled to order at 10:19 p. m. The meeting, upon being recalled to order, Councilman Lucc~ o moved, sec- onde4 by Councilman Rocca and regularly carried, that the Council adjourn at 11:30 p. m. until 5 p. m. tomorrow evening. BURI BURI FLOOD Mayor ,Smith, at this time, stated that Co~ncilman Lucchio had requested that the Council consider item #6 under new business, which was the Burl Burl Flood Damage Matter. Councilman Lucchio remarked that the people had requested it during the recess. At this time, Mr. John Anderton, attorney - 315 Montgomery Street, San Francisco, representing some of the proper~y owners in Burl Burl #3, spoke in their behalf concerning the public-nuisance which he stated existed ii Burl Bu~ as a result of water and mud coming into their properties. Lengthy discussion took place on the subject matter concerning the abatement, at which time the following also spoke: galter.Trefts, attorney at law, also representing some of the property owners in the area; Mr. Engretson of 211Lomitas Avenue; Mr. Carroll of 205 Lomitas Avenue; Mr. Flora of 210 Cuesta Drive; Mr. Sweeney of 200 Lomitas Avenue; Mrs. Engretson of 211Lomi;as Avenue; as well as City Attorrey Lyons, members of the City Counci_, and Mr. Henry Hewitt of Bauer-Lesser Subdivision. After lengthy d~scussion had taken place, Mayor Smith remarked that if there were no objections, this matter would be held over to tomorrow nights meeting for full reports, and that every- thing possible be done to keep the area free from'the flooded conditions. No objections having been registered, it w~s so ordered. FLOOD AID LEAFLETS: Mayor Smith at this time announced that the Junior Chamber of Commerce had left with him leaflets concerning aid for the people in flooded areas, requesting the people to render their support to this matter. MC KEON REZONING: Mayor Smith at this time asked Mr. McKeon, present in the audience, if he had something he wished taken up, to which he replied that it concerned the man,er of his rezoning. Mayor Smith then stated that item #3 under new busLness concerned the McKeon Rezoning, and that the Planning Commission had recommended that the property known as lots 13, 14, 15 & 16 Block 4 Serra }'~hglands, be rezoned ~o~.~a C-1 classification. Councilman Gamlen moved, seconded by Councilman Rocca and regmlarly carried, that the City Clerk be instructed to advertise for a publ[c hearing to be held at the next regular meeting on the rezoning. ADJOURNMENT:-- There being no further business, Mayor Smith adjourned the meeting until the following evening, Wednesday, January 4, 1956 at 5 p. m. Time of Adjournment - 11:40 p. m. Respectfully submitted, Approved: Mayor