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HomeMy WebLinkAboutMinutes 1956-02-06PLACE: TIME: CALL TO ORDER: PLEDGE OF ALLEGIANCE & INVOCATION: ROLL CALL: MI NUTES: CLAIMS MISSION ROAD DRAINAGE PUBLIC HEARING: & BRUSCO REZONING PUBLIC HEARING: SALE OF BURI BURI FIRE STATION PUBLIC H ARING RESOLUTION NO. 2306: MASTER FLOOD CONTROL PLAN: 5/ T& RESOLUTION NO. 2307 WAIVING OF TAXES DUMP PROPERTY: RESOLUTION NO. 2308 SUPPLEMENTAL GAS TAX AGREEMENTS: REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD MONDAY, FEBRUARY 6, 1956 Council Chambers, City Hall 8p.m. The meeting was called to order at 8:10 p. m. by Mayor Smith. Pledge of Allegiance to the flag was re,cited; after which Invocation was given by Rev. Carl Curtwright, of the First Assembly of God Church. Present: Absent: Councilmen Andrew Rocca, Francis Lucchio, Emilio Cortesi, Richard Gamlen, Telford Smith None Councilman Gamlen moved, seconded by Councilman Rocca and regularly car- ried, that the minutes of the adjourned regular meeting of January 4, the special called meeting of January 1,) and the regular meeting of Jan- uary 16, 1956 be approved as submitted. Councilman Lucchio moved, seconded by Ceuncilman Rocca and regularly carried, that claims as submitted be approved and ordered paid. Mayor Smith announced that it had been requested that the public hearing under item #1, concerning the Mission Read-Evergreen Drive storm drainage, be held over until February 20. He asked if there were any objections. There being none, it was so ordered. Next taken up under public hearings concerned the matter of the Brusco Rezoning of lots 1, 2, 3 block 1Regli Tract. Mayor Smith asked if there were any written protests, to which the City Clerk replied none had been received. Mayor Smith then asked if there were any oral protests. None were registered. There being no written or oral protests, Mayor Smith then asked if there was a motion that the hearing be closed. Councilman Rocca. so moved, seconded by Councilman Gamlen and regularly carried. At this time, Mayor Smith asked if there w~s a motion to instruct the City Attorney to prepare the necessary ordinance. Councilman Gamlen so moved, seconded by Councilman Cortesi and regularly carried. Nex~ item on the agenda appearing under public hearings concerned the mat~er of the Burs Burs Fire Station. ~ayor Smith asked if any written protests had been received, to which the City Clerk replied none had been received. The Mayor then asked if there were any oral protests. None were registered. Mayor Smith then asked if there was a motion that the hearing be closed inasmuch as no protests had been received. Councilman GamLen moved, seconded by Councilman Rocca and regularly carried, that the hearings be closed. At this time, City Attorney L~ons remarked that a resolution which he had prepared concerning the subject matter should be introduced. After reading the resolution in full, Councilman Lucchio introduced, "A RESOLUTION OF THE CITY CO3NCIL OF THE CITY OF SOUTH SAN FRANCISCO ORDERING THE SALE OR TRANSFER 3F CERTAIN PROPERTY OWNED BY SAID CITY, TO-WIT, THE ENTIRE BURI BURI ~IRE STATION PROPERTY (BOTH LAND AND ALL IMPROVEMENTS, INCLUDING STATION ~UILDING)." Roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, Cortesi, Gamlen, Smith. The first item appearing under resolutions concerned: the Master Flood Control Plan. Mayor Smith requested to know if there was a motion accept- ing ~nd filing the report. Councilman Rocca so moved, seconded by Coun- cilman Gamlen and regularly carried. Brief discussion followed concerning the report, at which time it was asked by Councilman Lucchio if it was the intent of the Council to instruct the C~y Attorney to prepare the necessary documents to place this matter as a bond issue for the coming April election. After brief discussion, Councilman Lucchio moved, seconded by C~uncil~an Gamlen, that the City Attorney be instructed to proceed and prepare the matter for the April ballot. Motion as made and seconded was regularly carried. ~Mayor Smith then announced that the Master Flood Control Plan would be discussed at a public meeting to be held Feb. 16 at 7:30 p. m. at the High School Auditorium, He urged everyone who could possibly do so to attend this meeting so that they could hear the explan- ation from Mr. Manin of the firm of Wilsey & Ham. Next item appearing under resolutions concerned a request of the county to waive taxes on property used for dump purposes by the City. After a brief explanation, Councilman Rocca introduced, "A RESOLIYrION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO REQUESTING THE BOARD OF SUPER- VISORS OF THE COUNTY OF SAN MATEO TO CANCEL REAL PROPERTY TAXES ASSESSED AGAINST CERTAIN REAL PROPERTY OWNED BY TEE SOUTH SAN FRANCISCO LAND AND IMPROTEMENT-COMPANY WHICH IS USED BY SAID CITY FOR THE PURPOSES OF A GARBAGE DI~." Roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, Cortesi, Gamlen, Smith. Next ~aken up under resolutions concerned the matter of fixing authorized signa;ures for gas tax moneys agreements. After a brief explanation by the City Attorney, Councilman Gamlen introduced, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISO0 AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE, ON BEHALF OF SAID CITY, SUPPLEMENTAL AGREEMENTS FOR THE EXPENDITURE OF GAS TAX ALLOCATION MO~YS FOR THE MAINTENANCE OF MAJOR CITY STREETS." Roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, Cortesi, Gamlen, Smith. RESOLUTION NO. 2309 QUALMAN DEED - BADEN AVENUE WIDENING: Mayor Smith at this time remarked that the City Attorney had informed him during the study meeting that two deeds of dedication for properties on Esden Avenue Widening were prepared for acceptance by the City this evening. City Attorney Lyons remarked that this was correct, explaining that one of the deeds had been received from the Texas Co. and the other fro~ John and Jennie Qualman. After discussi on, Councilman Lucchio in- troduced, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRAb~ISCO ACCEPTING A DEED OF DEDICATION FROM JOHN QUALMAN AND JENNIE QUALI/AN, HIS WIFE, TO THE CITY OF SOUTH SAN FRANCISCO." Roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, Cortesi, Gamlen, Smith. RESOLUTION NO. 2310 TEXAS CO. DEED BADEN AVE. :~IDENING: Councilman Rocca then introduced, "A RESOLUTION OF THE CITY COUNCIL OF THE ~ITY OF SOUTH SAN FRANCISCO ACCEPTING A QUITCLAIM DEED FROM THE TEXAS COMPANY, A DELAWARE CORPORATION, TO THE CITY OF SOUTH SAN FRANCISCO." Roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, Cortesi, Gamlen, Smith. ORDINANCE NO. 383 MC KEON REZONING: 7 The council then proceeded on to the mat';er of ordinances, taking up first the second reading of the ordinance concerning the McKeon Rezoning. City Attorney Lyons explained that a mot:on could be made waiving the reading of the ordinance and introducing it by title only. Councilman Luccaio so moved, seconded by Councilman Gamlen and regularly carried. City Attorney Lyons then read the title of the ordinance as follows: ~'AN ORDINANCE AMENDING ORDINANCE NO. 353 ENTITLED: 'ZONING ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO,' PASSED AND ADOPTED ON AUGUST 10, 1954." Roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, Cortesi, Gamlen, Smith. UNIFORM FOOD ORD. 1ST READING: 7 Mayor Smith then took up the second reacing of the uniform food ordinance. City Attorney Lyons remarked that although the ordinance had been prev- iously introduced, it had somewhat been changed to conform with recent requests of the County Health Dept. and that its introduction this even- ing would be a first reading on the revised ordinance. He also requested that a motion be made that it be introduced by title and that the reading be waived. Councilman Gamlen so moved, seconded by Councilman Lucchio and regularly carried. City Attorney Lyons then read the title of the ordinance. ALLEN ANNEXATION: Mayor Smith then announced that the matter of Allen Annexation would be held over in accordance with the request of Attorney Warren Sapiro, who, because of illness, was unable to be present at the meeting. FIREWORKS ORDINANCE 1ST READING: ~-/~ 7 Next 'taken up was the first reading of an ordinance concerning the sale of fireworks. City Attorney Lyons gave a lengthy explanation stating the reasons for its adoption, mentioning that the State law ~ould be used in enforcing the sale and use of such fireworks. After the City Attorney had read the ordinance in full, it was irtroduced by Councilman Cortesi. CIVIL SERVICE ORD: ? Next ~aken up was the matter of the Civil Service Ordinance. City Attorney Lyons remarked that the revised draft wo~ld be submitted to the members of the C:ty Council and Personnel Board prior to the next regular meeting. Mayor Smith remarked that if there were ~o objections, the matter would be held over to the meeting of February 20. No objections having been regis- tered, it was so ordered. RgSOLUTION NO. 2311 Mayor Smith then proceeded to the next matter concerning the E1Camino EL CAMINO PARK, Park. City Attorney Lyons then explained his investigation as to how the HEALTH & WELFARE CENTER: property was held by the City, stating that no restrictions had been ~0~'7 placed on the title, and that it was held by the City in fee simple title. He remarked that this portion of the playground could be dedicated to the ~-/~ 7 Coun';y for the construction.of a Health and Welfare Clinic by resolution rather than by ordinance. He then explained the resolution which he had prepared concerning the subject matter, after which lengthy discussion followed, and the letter of the Recreation Commission under date of Jan- uary 9, 1956 was read. After discussion, Councilman Gamlen introduced, "A RESOLUTION OF THE CITY COUNCIL OF THE ~ITY OF SOUTH SAN FRANCISCO AUTHORIZING THE TRANSFER OF CERTAIN MUNICIPALLY OWNED PROPERTY TO THE COUK?Y OF SAN MATEO FOR USE AS THE SITE FOR A HEALTH AND WELFARE CENTER." Roll call vote was as follows: Ayes, Councilmen Rocca, Gamlen, Smith; Noes, Councilmen Lucchio & Cortesi. Furtaer brief discussion followed. SPRUCE AVENUE DRAINAGE: F Mayor Smith then proceeded on to the matter of unfinished business, taking up f~rst Spruce Avenue Drainage. Discussion followed concerning the cost of a temporary bridge, at which time members of the Council and property owners in the area spoke concerning the d?ainage problem and the location of the drainage ditch. After discussion, Councilman Gamlen moved that the bridge be located at the intersection of Spruce and Mayfair Avenues. Mayor Smith seconded the motion, after which further discussion followed. Mayor Smith then remarked that he was in favor of holding the motion over to the next meeting because of the discussions just held on the subject matter. After discussion, Mayor Smith moved that the motion be amended and the amendment be that the vote on this original motion be taken at the next regular meeting. Councilman Rocca seconded the motion, after which roll call vote was as follows: Ayes, Councilmen Rocca, Lucchio, & Smith; Noes, Councilman Gamlen; Abstained, Councilman Cortesi. Councilman Gamlen then remarked that this matter shoald be the first order of business on the agenda at the next regular meeting. RECESS:--- Recess was declared at 10:10 p. m. and the meeting recalled to order at 10:22 p. m. ADJOUltNMENT TI~E: Mee;ing upon being recalled to order, Mayor Smith asked if there was a motion to set the time for adjournment. Councilman Rocca moved, seconded by Councilman Lucchio and regularly carried, that the Council adjourn at 11:15 p. m. until the following afternoon at 5 p. m. MAZZANTI REZONING: Nex~ taken up under unfinished business was the matter of the Mazzanti rezoning. Mayor Smith stated that the Council had before them two com- munications received in connection with this matter. The first was a not,ce of court action against the City, requesting that it either grant the P.C.M. use permit as recommended by the Planning Commission, or that the City appear in Court and show reasonable cause why the permit should not be issued. The second communication was received from Peter Mazzanti and contained an offer to trade land in the area of Orange Memorial Park for ~ndustrial land owned by the City in the vicinity of the Sewage Treat- menc Plant. Councilman Lucchio then moved, seconded by Councilman Rocca, that the matter of the Peter Mazzanti use permit be placed on the agenda at this time. Motion as made and seconded was regularly carried. Coun- cilman Gamlen voted no. Lengthy discussion followed concerning the subject matter, at which time members of the City Council spoke and the City Attorney suggested that the Council engage special counsel to represent the City, remarking that he felt he must disqualify himself from appearing in this case for many reasons, one of which was that Mr. Mazzanti's daughter was presently employed in his office on a part-time basis, having been recommended by her high school teacher, Mrs. Benson. After discussion, Councilman Lucchio moved that the use permit be den~ed on the basis that,(l~ The appraiser's report states that to be used for industrial purposes, a different road of ingress and egress should be used, other than through the park,(2) he believed it was poor planning to put an industrial or light industrial factory building next to the park,(3)although the ex- pression of the people was decided to be invalid, the people had expressed themselves against the granting of the use permit, and (4) it was spot zoning without any additional plans for nhe immediate area surrounding it. He further remarked that he left the motion open for any other coun- cilm~n who cared to add other reasons if they were so disposed. Council- man Gamlen seconded the motion, after whLch discussion followed, at which time portions of the appraiser's report were read in accordance with the request of the Council. Roll call vote was as follows: Ayes, Councilmen Luccnio, Cortesi, Gamlen; Noes, Councilmen Rocca ~ Smith. Councilman Lucchio then moved that the City Attorney advise the Council if he would care to make a recommendation as to the counsel to employ by this Council to appear in court in answer to the writ of mandamus on the 15th of February. Further discussion followed, at which time City Attor- ney Lyons remarked that it could be referred to the City Manager, and that he would be glad to cooperate with him in contacting attorneys or other City Attorneys who may be willing to come to the assistance of the City. Mayor Smith remarked that if there were no objections, the City Manager would compile a list of attorneys the following day to be presented to the Council at their adjourned session for selection. No objections having been registered, it was so ordered. BRADY BLASTING PERMIT PARK AVENUE HEIGHTS: Councilman Lucchio then said that it was just about time for the Council to adjourn and that he would like to suggest that anyone with an urgent matter be heard at this time. Mr. Waldo of the Joseph Brady Co., present in the audience, requested Council consideration of his request to con- duct blasting in the Park Avenue Heights Subdivision area. Discussion followed concerning the request as receivgd, at which time an explanation was g±ven by the Director of Public Works concerning the area and the distance removed from the nearest inhabited residents or school, after which the City Attorney explained the necessary insurance coverage. Also discussed was the employment of a blasting expert by the City, with the cost to be borne by the subdivider. Councilman Gamlen then moved, sec- onded by Councilman Rocca, that the blast~ng permit be approved, subject to t~e recommendation of the Director of Public Works, and that the blasting expert be in attendance at all t~%mes. Mayor Sm/ih then remarked that in order to clarify the motion, the conditions were that the Director of Public Works would indicate the time to blast and that the expert would be on hand at each blasting operation, and that the City would be reimbursed for the cost of the blasting expert. Councilman Gamlen remarked that this was his motion. Further discussion follow,ed, after which motion as made and seconded was regularly carried. Mayor Smith announced that in order to clarify the situation, roll call vote mould be held, which was as follows: Ayes, Councilmen Rocca, Gamlen, Smith; Noes, Councilmen Lucchio and Cortesi. ADJOURNMENT Mayor Smith then announced that if there ~,ere no objections, the Council would adjourn in accordance with the previous motion, until 5 o'clock the follo~ing day. Time of Adjournment - 11:30 p. m. A~ prove d: Respectfully submitted,