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HomeMy WebLinkAboutMinutes 1953-11-25CONSENT TO SPECIAL MEETING We, the undersigned, being the mayor and all the councilmen of the City of South San Francisco, do hereby consent to the holding cfa special meeting of said City Council on Wednesday, the 25th day of November, 1953, at the hour of 4 o'clock p. ~. for the purpose of considering and acting upon the following matters: Application of business license of Tom's ,Nursery, for the sale of Christmas trees andyuletide novelties at the corner of Spruce Avenue and E1 Camino Real. Dated this 25th day of November, 1953. Emilio Cortesi, Mayor Joseph Bracco Adolph Sani John Noonan Telford L. smith CITY COUNCILMEN OF THE CITY OF SOUTH SAN FRANCISCO PLACE: TIME: CALL TO ORDER: ROLL CALL: TOM'S NURSERY APPLICATION FOR BUSINESS LICENSE: APPEARANCE OF COUNCII24ANSMITH: SPECIAL M~G OF THECITYCOUNCILOFTEECITY OF SGtPPH SAN FRANCISCO HELD WEDNESDAY, NOV. 25, 1953 Council Chambers, City Hall 4p.m. The meeting ~m. culled to order at 4:33 P. m. by Mayor Cortesi. Present: Councilmen John Noonan, Adolph Sani, Emilio Cortesi, Joseph Bracco Absent: CouncilmmnTelford Smith Mayor Ccwtesi explained the reason for calling the special meeting this afternoon was to re- view the busimmss license application as applied for by R. G. PeAa_F0ourt which had been granted to him at the regular meeting of November 16. Application w~s for the sale of Christmas trees and yuletide novelties in anco'area zoned for resi~entialp~~only. City Attorney Lyons stated that expense had been incurred by the applicant already and that the applicant probably did this in good faith, however, the council would have to consider all of the facts and then decide. If the application had been made in good faith with no intention of misrepresentation to the council, the equity involved could be considered. However, if the council felt that · the applicant had aPPlied for the business license with the intention of misrepresenting it, then the council could rescind their prior metieu on the application. Councilman Sani stated that since he felt misrepresentation had been made on tb~ part of the applicant regarding the location, it left no obligation on the council's part since it h~d been applied for in the Brentwood area. Councilman Noonan asked how much the applicant had invested in this business to which he replied about $700.00 to date. This included the amount paid on the lease. Councilman Bracco asked the applicant frc~ whom did he obtain the lease to which he replied, Mr. Wi~m~, but that he was since informmd that Mr. Wilm- had sold the property to someone else.' At this point, the lease was discussed between m~mbers of the council and the applicant, regarding the payment of the lease money. Councilman Noonan requested to know if there could be any action against the council by the applicant should they rescind their prior action tow h ich City Attorney Lyons replied that if the council felt that misrepresentation had been made, then he would say no action could be taken against ~the council. However, if no misrepresentation was intended, it would be difficul~ Councilman Noonan then stated that under the City Attorney's rec~ndations, the council could follow any one of the following methods: First, that trees are usually sold on most vacant lots, Second, if the council wmr. interested they could have asked for more information on the location ami Third, that consideration should be given to the applicant's investment. However, there should also be considered the businessmen who are in the business area and are in business year in and year out, but that he felt that consideration should be given the applicant and the expense he has already incurred. Councilman Bracco stated that he felt in accord with the statements of Councilman Nconan. Mr. Williams spoke regarding the investment he has in Chris_+~-s trees and that he conducts a business all year long on taxable property. At 4:50 p. m. Councilman Smith was present at the meeting and remained for its duration. The applicant spoke on other locations that might be~available but that he had no money left with which to go out and rent another lot. Counc~lm-_n Smith was then informed as to what had been discussed prior to his appearance at the meeting. Again City Attorney Lyons stated that if the council had not been misled and that the applicant applied in good faith, the man's equity should be-considered. However, if the council were misled and the applicant applied to mislead the council, then the council could rescind their prior action. Councilman Smith rem~_rked-that he felt that the ar~a being lighted up by more than cue lot would tend to attract more to the area in this manner. Warren Sapiro stated that the protests were made on the basis that vacant lots were available in the comnercial area of Brentwood without having to go in the residential area. Councilman Bracco stated that he felt misrep- resentation had been made ou the part of the applicant and moved that the action of the council at the last meetingbe rescinded with respect to this application and that the City Clerk with- hold issuance of a business license. Couuci~ Sani asked for the reactions of the other council members to which Councilman Smith stated that he ccerpared this problem with that of auto dealers who were all within the same vicinity of each other, therefore creating more business by _having them concentrated. He again cited the fact that the area being lighted up would tend to attract more to it, the Christmas spirit prevailing. He did not think this would create a loss by competition. ADJO~: APPROVED: Councilman Noonan stated that he felt as Councilman Smith did that this would benefit the whole area and because of the investzent felt that the application should be allowed to have his Chris~s tree lot. Councilman Sani stated that he felt that he had been deceived by the applicant and therefore seconded the motion as ma~e by Councilman Bracco. Mayor Cortesi stated that he felt the same as Councilman Bracco and Councilman Sani, that there w~., misrepresentation on the part of the applicant in that the application referred to an area across the street. A discussion was then held regarding the location as given on the appli- cati on. Warren Sapiro cited the danger of highway traffic due to this location to which the applican~ explained that a thirty foot area ha~ been left for ample parking between E1 Camino Real and the fencing of his lot and Spruce Avenue and the fencing. Voting on the motion as made and seconded was as follows: Ayes, Councilmen Bracco, Sani, Cortesi; Noes, Councilman Smith and Noonan. There being no further business, the meeting was a~Journed at 5:15 P. m. Respectfully submitted, t I SPECIAL & ADJOtIRNED MEETIN~ PROCEDURE: Councilman Sani then 'asked if acted on to which City Manager McOlung stated that this ~s correct, but that the meeting today was a regularly adjourned meeting and as such the council could discuss any matters they wished to.