Loading...
HomeMy WebLinkAboutMinutes 1952-11-03PLACE: TIME: CALL TO ORDER: ROLL CALL: MINUTES: BELAIR SHIPYARD SITE: TEMPORARY IMPROVEMENTS HAF~OR WAY: ANIMAL CONTROL ORDINANCE: OFFICER HALASZ SECOND YEAR: OFFICER SHAFFL.EY TWO YW~LRS SERVICE: IDENTIFYING SIGN POSTS: BRIGNAEDELL0 VARIANCE PEr$4IT: GENERAL METALS CORP., USE PERMIT: AMEND ZONING 0RD: REGULAR~ETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRAHCI~0 HELD MONDAY, ~OW~BER 3~ i952 Council Chambers, City Hall 8p.m. The meeting was called to order at 8:02 p. m. by Mayor Cortesi. Present: Councilmen Noonan, Sani, Cortesi, Bracco, Smith Ab sent: None Minutes of the previous meetings were approved as submitted. C~mrAunication was received from the office of the City Manager regarding the purchase of the old Belair Shipyard site. Mayor Cortesi asked the members of the council what their pleasure iu the matter was. Councilman Bracco remarked that we should act now ou the matter asking City Manager McClung what area this cc~prised. City Manager McCluug stated this was for all the area. Councilman Bracco then asked what are we using now to which Works Engineer repot- tea about half. City Manager McCluug then gave an explanation of the previous plan whereby the purchase of the property would be made and the buildings demolished for resale of the materials. Councilman Noouau moved, seconded by Councilman Saul and regularly carried, that the purchase of the property be made as recommended by the City Manager. Communication was received from the office of the City Manager regarding the temporary im- provements of Harbor Way. Councilman Saul asked the Works Engineer if 50 feet as mentioned would be sufficient to which he replied that the ordinance calls for 60 feet and that this would be better. He further remarked that iu an industrial area 60 feet should be proper as it is more a~vaut~geous. Councilman Saul stated that this matter could be referred to the City Manager to contact Mr. Guerin. City Manager McClung remarked that Ur. Guerln was on his way to 0kinawa or Wake Island and that his daughter has a power of attorney. City Manager McCluug further stated that Mr. Gueriu, after reconside$ing, felt he should not give more than 50 feet and that if the council wanted more they could purchase it. This was au oppor- tunity to get a 50 foot street but that we would have to maintain it and keep it up. Councilman Smith aske& Sf City Manager McClung if the street had been before the Planning Com- mission ou the advisability of the width. City Manager McClung stated the width is pretty well establishe~ under state laws we operate under. Councilma~ Smith asked City Manager McCluug what the cost of purchasing the street would be to which he replied that a quick cal- culation would be about $2,000. Councilman Smith then asked if the street would be used quite frequently. City Mauager McCluug pointed out the use by traffic after 4 p. m. from workers using it on their way home from the factories to Bayshore Highway and that it wo~ld alleviate the congestion at the railroad crossing. Mayor Cortesi remarked that he could not see the value of purchasing the additional l0 feet of street as we would have to maintain it and keep it up. He also stated that if they desire the street, to let them give 60 feet. Councilman Noonau stated he would go along with the Planning Commission reference. City Attorney Lyons stated that if it went to the Planning Commission they could have established a 5 foSt set back ou each side and later when taken over it could go through under the assess- ment district. Councilman Noonan moved, seconded by Councilman Sani and regularly carried, that it be referred to the Planning Commission. Communication was received from the office of the City Mauager regarding the animal control ordinance. Councilman Smith asked that the representative from the Health Department present give au explanation regarding the proposed ordinance. Mr. Thiep of the Health Department stated that it was au ordinance to control animals in the hOme. It restricts 2 dogs or 2 cats to the home. Should they go beyond this, it would be considered a kennel and should have better facilities to handle them inasmuch as they should be governed as a business. He fur- ther stated that chickens in an excessive amount are a problem to keep iua sanitary condition A person, he remarked, should have as many animals tl~t he can keep and maintain iua proper condition. The ordinance boils down to proper maintenance of the animals. The request is for a good local ordinance. Councilman Bracco suggested that it be held over to the next meeting to let the committee act. Councilman Sani stated that if it were ready for the Wednesday meeting then the first reading could be had. City Attorney Lyons stated he co~d have the ordinance prepared by then. Communication was received from the office of the Chief bf Police advising that Officer Joseph Halasz completed his probatiouary period ou November l, 1952 and that his wage should be in- creased to $~20.00 per month. On motion of Couucilm~n Saul, seconded by Councilman Bracco and regularly carried, the rec~eudation of the Chief of Police was accepted. Communication was received from the office of the Chief of Police advising that Officer Purnel Shaffley had completed his two years service on October 16, 1952 and that his salary was to be increased from $320.00 per mouth to $~35.00. 0u motion of Councilman Bracco, seconded by Councilman Noouau and regularly carried, the recommendation of the Chief of Police was accepte Communication was received from the office of the Planning Con~aission recommending the erecti¢ of two identifying signs, one on E1 Camluo Real au~ the other on Bayshore Boulevard. Ou moti¢ of Councilm~u Noonan, seconded by Councilman Saui and regularly carried, permissionwas grante to use the property as recGum~ended by the Planning Commission to erect the signs. On motion of Councilman Sani, seconded by Councilman Bracco and regularly carried, variance permit ~284 as applied for by Nichele Brignardello was granted as recommended by the Planning Commission. On motion of Councilman Bracco, seconded by Councilamn Sani and regularly carried, Use permit -.~285 as applied for by General Metals Corporation was granted as rec~mneuded by the Planning Commission. Resolution ~286 submitted by bhe Planning Commission, applied for by Caesar Bazzani, was read iu its entirety. Mayor Cortesi called on Victor Robinson for au explanation. He explained that this was for the construction of a duplex. Councilman Saul moved, seconded by Councilma~ Noouau that this be granted, as recommended by the Planning Commission. City Attorney Lyons stated that au R-2 change was necessary instead of the R-3. Councilman Smith asked Mr. Robin. sou if there were other duplex's in this area. Mr. Victor Robinson stated that this was to reconvert the dwelling. At this point, Mr. Herbert Schaur explained the dwelling to be chang~ from its present state and to be for over 2 family occupancy which called for au R-3 change. Motion as regularly made and seconded was carried. FRANCISCO TERRACE PLAYGROUND PROTESTS: DEVLINRESIGNATION: GASOLINE TANK PERMIT: OPPOSING PROPOSITION 10: PETITION FOR FORMATION VEHICI~ PARKING DIST: P OW'ER POLES W~NSTON ~NOR ~3: NURSERY EL CA~IXNO REAL: LA~ CO. RIGHT OF WAY: LOS ~gJCHACHAS TRI-Y PAINT HOUSE NUMBERS: ORDINANCE NO. 334 TAX COLLECTION, ETC: REGULATING FIRE HYDRANT80HDINANCE: RANDLETT VS. SMITH SPRUCE AVE. BRIDGE: Letters of protest to the Francisco Terrace Playground receiyed from Carl W. Waldheim, Mrj'' and Mrs. Sheltou Johnson and Wallace Carlsou were read. Councilman Smith asked if a letter had been received from Wilms regarding this problem. Councilman Saul stated that matters should be brought in by Wednesday prior to Monday's meeting so that the council would have proper time to study them over.. City Manager McCluug stated that the letter had been brought lu at 4 p. mo by Mr. Wilms and at that time iu discussing it, stated that it was too late for council agenda. The letter of Martin Wilms was then read. Councilman Bracco asked if the matter could be referred to the Planning Co~nission tonight. City Manager Mc- Clung state~ that it could. Councilman Smith moved, seconded by Counci]~u Saul and regu- larly carried, that the mention of Race tu one of the letters be struck out. Councilman Bracco stated that in the letter of Martin Wllms the area described 50 x 100 was too small and that this item should be referred to the Planning C~o~n~ission. Councilman Sani stated that this should be referred to the Planning Commtsslou and let the protestants go to the Planning Commission. Councilman Bracco moved, seconded by Councilman Saui and regularly carried, that the matter be referred to the Planning Commission. Communication was received from Mrs. Lo K. Devlin tendering her resignation as a member of the Ltbrary Board. Ou motion of Councilman Saul, seconded by Councilman Noouau and regularly carrieA, the resignation was accepted and a letter of thanks was to be sent to Mrs. Devliu. C~unication was received frmm the general Services A~inistration requesting permission for the installation of an underground gasoline storage tank, 1000 gallon capacity. This re- quest had the approval of Fire ChiefWelte. On motion of Councilman Sani, seconded by Coun- cilman Bracco and regularly carried, permission as requested was granted. Communication and resolution from the CaliforulaMission Trails asking for the defeat of Proposition l0 was ordered filed. Petition for the formation of a vehicle parking district together with 32 signatures was at the suggestion of City Attorney Lyons not read in its entirety but instead requested Works Engineer to prepare a map showing the area described in the description. Councilman Noonan c~m~ended the property owners for having gotten this move underfoot. C~m~unicationwas received from Edwin Smith, Engineer for Winston Manor ~B, requesting per- mission to place utility poles iu front of the homes instead of the rear. Councilman Sani remarked that the poles should be iu the rear and not the front according to the ordinance and that the Engineer should have known that. Councilman Noouau stated that before acting on this matter, we should have an opinion on it. If there ~,~ such an impossibility, it should then be referred to another body. Mayor Cortesi su~ t~m~erbe r~ferred to the Planning Co~aissiou. On motion of Councilman Noouau, seconded by Councilman Saul and regu- larly carried, the matter was referred to the Planning Commission. Co~nunication was received from the office of the City Manager relative to the communication of the San Nateo Couuty Plauuing Commission involving the request of Mr. 0ddstad to operate a nursery ou E1 Camtno Real. Councilman Bracco moved, seconded by Councilman Noonan and regularly carried, that the council go on record to instruct the City Manager to protest this application. C~mmunication sent to City Manager McClung by the California Pacific Title Insurance Company with regard to right of way easement ou property between Linden Avenue and Bayshore Boulevard north of Armour Avenue was read. Councilman Bracco asked if the easement was in use. Works Engineer Raudlett stated not to his knowledge but wanted to check with Mr. Schwelutug ou the old Block Book. At this time, Mr. Colligan spoke regarding the easement iu the rear of the property iu question. This matter was laid over to the adjourned meeting to be held ou Wed- nesday. Co~nunication was received from Patricia Heagney, Secretary of the Las Muchachas Tri-Y re- questing permission to paint house numbers on the curbs in front of the houses. City Manager McClung pointed out that permission for a like project was granted the Boy Scouts. On motion of Councilman Bracco, seconded by Councilman Noonan and regularly carried, that the City Manager contact the Boy Scouts and the Tri-Y and work out an agreement between both groups for this project. Councilman Saul moved that the claims as submitted be paid. Councilman Bracco asked that this matter be laid over until later as he had not audited the claims as yet. City Attoruey Lyons then brought up the matter of the second reading of the ordinance amendin sections BB,B5,37 and 38 of ordinance number 21 with regard to the system of assessment, levy and collection of all city taxes, stating that the council could move to introduce it by tttl only. Councilman Saul moved, seconded by Councilman Noouan and regularly carried, that the ordinance be introduced by title only. City Attorney Lyous then read the ordinance by title only. Roll call vote was as follows: Ayes, Councilmen John Noonan, Adolph Sani, Joseph Bracco, Telford Smith and ~milio Cortesi. City Attorney Lyons next introduced the ordinance regulating the use of Fire Hydrants owned by the city reading the ordinance in its entirety. City Attorney Lyons stated that inasmuch as it is au emergency ordinance it could go into effect ou the second reading. Councilman Smith asked City Attorney Lyous what contract we had with the California Water Service. City Attorney Lyons stated he did not think that a contract existed. The California Water Service allows the City to use the water free. He further explained the use of meters ou the hydrant to be used by contractors to determine how much water was being used. Fire Chief Welte ex- plained the use of the permit iu that the Fire Department would issue one to the Water Com- pany who would iu turn then o.k. this permit and place a meter on the hydrant. This could not be done without the Fire Chief's permit. We are concerned with ~he fire hydrants and not the water. Works Engineer Randlett then asked permission to ask Councilman Smith questions relative to Mr. Smith,s star--ut that he had read at a'prior meeting. Councilman Smith then stated that he would like to have Works Engineer Raudlett answer questions under oath. Councilman Sani stated at this point that Councilman Smith did not act under oath so why should Works Engineer Raudlett. City Attorney LYons stated that both persons are city officials and as such are already under oath. Works Engineer asked several questions of Councilman Smith and then read a statement which is ou file in ~xhe office of the City Clerk. Upon Works Engineer Raudlett's completion, Councilman Smith stated that both reports as given ~re conflicting. CLAINS: PARKING AREA: MARIANI, SIDEWALKS: APP ROVED: That they can go back and forth both claiming to be correct. Counci.Lman Smith moved that the City Council bring suit against Baum for damages in exceeding the contract time. City Attorney Lyons stated that the facts should first be examined before acting ou the motion as made to see that they exist before going into court. City Attorney Lyons further stated that he would be glad to follow the council's wishes but that certain matters should be carefully examined before bringing a suit. Councilman Noonan stated that inasmuch as we have conflicting reports, he was not prepared to sue. The Council, he suggested, should re- view the case and give an answer or give it to an unbiased person to pass judgement. City Attorney Lyons stated that the City could pay Baum and still bring a suit. Ba~n, he also stated, could bring a suit and charge interest for the unpaid money. Councilman Saul ex- plained the delays that were caused by the ~eather and material shortage and priorities. Councilman Smith again asked why the City could not bring suit. City Attorney Lyons stated that certain facts have to be alleged to make a complaint. He further stated that there was~ a difference between Councilman Smith and Works Engineer Randlett relative to the facts and that he could not prepare a complaint unless definite facts were available. He also stated that a definite time element would have to be had before starting a suit. He remarked that at the present there is no knowledge as to how many days were lost trying to get steel, due to the carpenters' strike, weather and the like. Counci.Lman Noouau stated that a time chart from the Engineer should be available before going to suit. Mr. Hyuding spoke from the audience stating that future contractors should have a clause stipulating the extension of time, forcing the contractor to ask for an extension of time. This would keep the contractor on the ball. Councilm~n Noonan moved that this matter be re- ferred to a Board composed of a Lawyer, Contractor and Engineer. Councilman Smith asked how did Councilman Noouan suggest the Board be selected, to which he replied by the Council. Councilman Smith stated that if this were done then it might be a packed court. Councilman Noouau withdrew his motion and moved that the same board be selected but that every man be approved by Councilman Smith. Councilman Bra.cco took objection to this remark and stated how did the council know that this might not be a packed court. At this point', Councilman Noonan withdrew his motion. City Attorney Lyons stated that he did not see where a suit would be of any use inasmuch as the bridge was not in use and the court would not see where we were damaged. Mrs..Betty Mitter suggested the matter be laid before the American Society of Civil Engineers. Works Engineer Randlett stated that this body would not make such a re- view as this body is a professional one. City Attorney Lyons stated that all facts should be carefully weighed and allege specified amount of days in the suit. Mr. Hyuding stated that it should be the duty of the Engineer to supply the facts. Councilmar Smith stated that since the motion he made was one of two, which was the Works Engineer rec- ommending payments to the contractor would make the city liable and also that it was handled in a slipshod manner. He stated he would like to move the Engineer be discharged or allowed to resign and all projects now under his supervision be cancelled. Councilman Noonan stated he would not second the motion as the man is under fire and facts should be found to sub- stautiate. Couuc~lw~u Smith stated there w~re a lot of matters that the Engineer should have brought to the attention of the council, one of which was the fill in the unincorporated area sach as Country Club Park, which will cause flood conditions later. City Manager McCluug ex- plained the matter as checked into that those responsible were informed and advised as to the subsequent results. This can also be brought to the attention of the property owners but cannot do anything until the problem takes place. Councilman Noouan then moved that Council- man Smith select an Engineer, the Other council members select au Engineer, the two engineers select an attorney for a Board within SO days. This motion was seconded by Councilman Bracco and regularly carried. Claims in 'the amount of $35,940.06 were submitted by the Finance Committee. 0u motion of Councilman Bracco, seconded by Councilman Noonau and regularly carried, claims as submitted were ordered paid. Mayor Cortesi stated he wished to appoint the following men to work with the Planning Com- mission ou the parking area. They were as follows: Mr. Fourcaus, Mr. Kay and Mr. Senaldi. 0u motion of Councilman Saui, seconded by Councilman Bracco and regularly carried, the appoint ments as made were confirmed. Mayor Cortesi stated he wished to appoint Mr. Louis Hillman to the Library Board in place of Mrs. Devliu who resigned. On motion of Councilman Bracco, seconded by Councilman Sani and regularly carried, the appointment was confirmed. Mr. Peter Mariani then spoke from the audience regarding the sidewalk in front of his property on Grand Avenue, stating that they were in a state of much needed repair and that now that the weather permits, this should be taken care of. He further stated that he had asked relative to this matter about six months ago and to date nothing has been done to take care of this. Councilman Bracco asked City Manager McClung how much money was in the budget for sidewalks. City Manager McClung stated that the Superintendent of Streets had requested $10,000.00 for this work and that it was a heated budget item during the budget sessions and had been re- moved. Mr. Mariani stated that the damage was caused by the trees and the council had pr~nise to take care of this type of damage. Mrs. Hernan stated that if the council had agreed to re- pair the damaged sidewalk due to the trees, then it should be done and taken care of. l&r. Kay spoke from the audience stating that the newcomers to the csmnunity have brought pres- sure to bear ou the members of the council, that this was not right and that the city itself was built by the older part of town to what exists today. On motion of Councilman Noouau, seconded by Councilman Saui and regularly carried, the meeting was adjourned to Wednesday, November 5, 1952 at 4 p. m. Time of Adjournment - 1.~:lO p. m. ,Respectfully submitted, City Clerk