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HomeMy WebLinkAboutMinutes 1956-02-07/5 PLACE: TIME: CALL TO ORDER: ROLL CALL: APPEARANCE OF COUNCILMAN LUCCHIO: CAESAR-CALLAN VARIANCE PERMIT: APPEARANCE OF COUNCILMAN CoRTESI:- BAUER-LESSER VARIANCE PERMIT: 5-o SERRA HIGHLANDS UN{TS A ~ B BOND: ~/ UCCELLI DRAINAGE COMMERCIAL AVE: ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HELD TUESDAY, FEBRUARY 7, 1956 Cour,cil Chambers, City Hall 5p.m. The meeting was called to order at 5:05 p. m. by Mayor Smith. Present: Councilmen Andrew Rocca, Richard Gamlen, Telford Smith. Absent: Councilmen Francis Lucchio, Emilio Cortesi (Councilmen Lucchio & Cortesi appeared later in the meeting.) Councilman Lucchio appeared present at 5:06 p. m. The first item taken up concerned the variance application of Caesar-Callan Homes, which appeared as item #3 under anfinished business. A communica- tion dated February 1, 1956 was received from Thomas J. Callan concerning the subject matter. At this time, Mayor Smith called on Mr. Callan, pre- sen5 in the audience, to explain to the Council the details and the purpose for requesting reconsideration of the variance. Lengthy discussion follow- ed by Mr. Callan, mentioning the necessity for the variance requested. Councilman Cortesi appeared present at 5:19 p. m. Cor~arative yard areas were also made by Mr. Callan with the already est- ablished and built homes in the area. After discussion had taken place, Councilman Rocca moved, seconded by Coumcilman Gamlen, that the recommend- ation of the Planning Commission be accepted, and the variance granted. Mayor Smith then stated: "I would like to state for the record that there are some 90 lots in this entire subdivision on which variances have been requested and that I have weighed the pros and cons as to whether it would be an advantage to the City that better improvements be placed on'these lots at the sacrifice of a f~ve foot rear yard reduction. I am also aware of the fact that if th~s variance is passed there might possibly be some criticism to this council, but from weighing it for the City's good, that will be the basis of my vote." Councilman Lucchio stated: "For the record too, I will oppose the granting of the variance on the bas~s of holding up the principle of the ordinance and that it has been brought to my attention that without granting the variance the said type of home could be developed with a 20 foot level yard requirement being me';. They might need an additional grading and retaining wall." Cot.ncilman Rocca stated: "I would like to state that I do not think the increased size of the rear ya~'d by using a retaining wall will add any benefit to the lot or the home. I ':hink it is better with a five foot less yard and a rounded slope and the fifteen foot rear yard than the 20 foot yard and the retaining wall." Fu::her discussion followed, after which roll call vote was as follows: Ayes, Councilmen Rocca, Gamlen, Smith; Noes, Councilman Lucchio; Council- man Cortesi stated he was not voting because he did not hear the full conversation. Conmunication dated January 16, 1956 was received from Bauer-Lesser Co. concerning the matter of their variance permit #498, as applied for with the Planning Commission, requesting a ~aiver of garage setback and rear yard setback restrictions on lots i & 3 block 32 Rancho Buri Buri #3A. Accompanying the communication were memorandums from the office of the City Manager dated February 1, 1956, and the Director of Public Works da~ed February 3, 1956. Discussion followe~ after which Councilman Rocca moved, seconded by Councilman Gamlen and regularly carried, that the ma~er be referred back to the Planning Commission. Conmunication was received from the McKeon Construction Co. dated Jan- uary 13, 1956, together with a memoranc'um from the office of the Director of Public Works dated January 16, 1956, concerning reduction of perform- ance securities on Serra Highlands Units A & B. Discussion followed, at which time it was asked if the City would have adequate protection in accordance with the ordinance. After iiscussion had taken place, City Attorney Lyons suggested that the following action could be taken -~to accept the recommendation of the Director of Public Works, and that the City Attorney and Director of Public Works release the bonds in accord- ance with the provisions of the ordinance. Councilman Rocca so moved, seconded by Councilman Gamlen and regularly carried. Communication dated January 13, 1956 was received fr~m the law offices of J. J. Doyle, attorney for the Uccelli family, together with a memor- andum dated January 18, 1956 from the office of the City Manager, accom- panied by a memorandum dated January 23, 1956 from the office of the Director of Public Works - all of whic? concerned a drainage problem on 'the property belonging to Uccelli in t~e area of Grand and Commercial Avenues. Councilman Gamlen remarked tkat discussion had taken place earlier in the study session meeting a~d moved that the City Manager and Director of Public Works meet with Mr. Doyle and work out an agreement. Councilman Rocca seconded the motion, ~hich was regularly carried. SCHOOL DISTRICT, ANNEXATION~MATTERS: z RECREATION DIRECTORS SCHOOL AREAS: BLASTING PERMIT PARK AVENUE HEIGHTS: ~-/~ 7 TIME FOR CONSIDERING REZONING APPLICATIONS: TANFORAN ACCESS ROAD: GHILARDI VARIANCE PERMIT: ~ 5-D HELTON VARIANCE PERMIT: ~O .$-8 S. GRASSI USE PERMIT: GENERAL PETROLEUM CORP. USE PER~IT: BRENTWOOD CO. USE PERMIT: ~3-O 5'0 Comranicatton dated January 30, 1956 was received from the South San Francisco Unified School District concerning annexation matters within the City as they relate to school problems. Councilman Gamlen moved, seconded by Councilman Cortesi and regularly carried, that the City Man- ager communicate by letter with the school that the City is not presently contemplating any annexation, but that if they desire, a meeting will be held as requested. City Attorney Lyons then brought up the matter of the seoo~d paragraph of the communication ccncerning sidewalks. Mayor Smith remarked that a letter be addressed to the school authorities as well, thanking them for bringing this matter to our attention, and that it would be referred to the Public Works Department. There being no objections, it was so ordered. The City Manager was instructed to check the records con- cerning the sidewalks as mentioned in the School District's letter. Inter-office memorandum dated January 28, 1956 was received from the Recreation Commission concerning directors for school areas. Councilman Gamlen moved, seconded by Councilman Rocca and regularly carried, that the recommendation of the Recreation Co~mission be accepted. Mayor Smith remarked that the next item concerning the blasting permit in Park Avenue Heights had been previously taken care of. Inter-office memorandum dated January 12, 1956 was received from the office of the Planning Commission concerning times for considering re- zoning applications. After brief discussion, Councilman Gamlen moved, seconded by Councilman Rocca, that the communication be placed on file. Councilman Rocca suggested that the motion be changed to state the Council was not in favor of the proposal which would prolong these applications, after which Councilman Gamlen remarked that in the study session it had been decided that these applications should be taken care of as they were presented. Mayor Smith then stated that it had been moved and seconded tha; the recommendation not be accepted for the reasons stated. Council- man Gamlen remarked that this was correct. Motion as made and seconded was regularly carried. Councilman Galten then stated that if it were necessary, and if the Plan- ning Commission was busy, that the Council might establish a Board of Permits and Appeals to take some of the work off of the Planning Commission. After brief discussion, the City Manager was instructed to communicate witi~ the Planning Commission concerning the establishment of such a Board. Councilman Gamlen then moved, seconded by Councilman Rocca and regularly carried, that the City Manager and City Attorney check into the matter and obtain the feelings of the Planning Commission concerning the estab- lis~ment of such a Board to work in con~unction with the Planning Comm- ission. Inter-office memorandum dated January 25, 1956 was received from the Planning Commission concerning Tanforan Access Road. Discussion followed, concerning the road being placed in accordance with City specifications. After discussion, Mayor Smith asked if there was a motion to instruct the City Manager to inform the Tanforan Co. that it would be agreeable to construct a street to the intersection zt Francisco Terrace, and inform them that it must be in accordance with City standards if they ever wished to sabdivide on it later on. City Attorney Lyons remarked that this was correct, if they ever wished to dedicate it to the City later on. Coun- cilman Rocca so moved, seconded by Councilman Cortesi. Further discussion followed, after which Councilman Rocca amended his motion to include that at ~ny time the City was asked to accept the street, that it be according to City specifications. Councilman Cortesi seconded the amendment, after which motion as made and amended was regularly carried. Variance resolution #512, as applied for by Roy & Albina Ghilardi, was received from the Planning Commission recommending approval. Councilman Gamlen moved, seconded by Councilman Rocca and regularly carried, that the recommendation of the Planning Commission be accepted. Variance resolution #513, as applied for by Charles W. Helton, was re- ceived from the Planning Commission recommending approval. Councilman Lucchio moved, seconded by Councilman G&mlen, and regularly carried, that the recommendation of the Planning Commission be accepted. Use permit resolution #514, as applied for by S. GrassY, was received from the Planning Commission recommending approval. Councilman Lucchio moved, seconded by Councilman Rocca, th&t the application be denied. Under the question, Councilman Lucchio remarked that he understood that the sign was on City property and not on the applicant's own private property. He further stated that he believed that to the motion should be added that the sign be taken down as it was already in place. Coun- cilman Rocca amended his motion to include Councilman Lucchio's remarks, after which motion as made and amended was regularly carried. Use permit resolution #515, as applied for by the General Petroleum Corp., was received from the Planning Commission, recomending approval. Coun- cilman Rocca moved, seconded by Councilnan Gamlen and regularly carried, that the recommendation of the Planning Commission be accepted. Use permit resolution #516, as applied for by the Brentwood Co., was re- ceived from the Planning Commission recommending approval. Councilman Gamlen moved, seconded by Councilman Comtesi and regularly carried, that the recommendation of the Planning Comm:ssion be accepted. /7 AIRPORT BOULEVARD INDUSTRIAL TRACT BOND: BUILDING INSPECTOR MONTHLY REPORT: PERSONNEL MATTERS: CHEMIST CLERK EXAMI NAT I ON: SWIFT & CO. SEWER RENTAL PROTEST: CLAIMS AGAINST THE CITY, PAPALE, BINI, a PANIGIRIS: O'-O~ F LINDENVILLE TERMIN- ATION REPORT: ~-o37 Councilman Lucchio then moved that the Euilding Inspector be instructed to provide a form of notice or request of the City, by way of an ordinance, tha~ will enforce signs not being put up before the use permit is granted. Councilman Rocca suggested that the City Manager look into this matter first. Mayor Smith remarked that it ha~ been requested that the City Manager report to the City Council as to how notification should be given the builders and people constructing in the City on the requirements of such signs. There being no objections, it was so ordered. Comnunication dated January 19, 1956 was received from the Massachusetts Bonding & Insurance Co., accompanied by an inter-office memorandum dated February 2, 1956 received from the office of the City Manager and Director of Public Works, concerning the matter of the bond on the Airport Blvd. improvements. After brief discussion, Councilman Rocca moved, seconded by Councilman Gamlen and regularly carried, that the bond not be released unt±L'a satisfactory report had been received from the City Attorney. Inter-office memorandum dated January 31, 1956 was received from the off£ce of the Building Inspector, giving his building inspection report for ~he month of January 1956. Councilman Rocca moved, seconded by Coun- cilm~n Gamlen and regularly carried, that the report be accepted and placed on file. Mayor Smith then took up personnel matters under reports, asking if there was & motion to accept the following reports: Chemist Clerk Examination: The Personnel Board reports that the recent examination in this category failed to produce any success- ful candidate. Five persons took the examination. Firemen Appointees: Fire Chief A. J. Welte recommends permanent civil service status for the following: Robert Field, Albert Jones, George McQuade, Robert Garrett, and Robert Lorenzini. These men complete their probationery period February 15, 1956. Public Works Appointees: Superint.~ndent Schweining reports that probationery periods for three men expired, without formal appoint- ment to the position by the City Council. The men are John Baldi, Lester Anderson, and Charles Bierman. They hold the classification of Maintenance Man. He recommends the Council confirming their permanent appointment. The appoin';ment of Andrew Rodondi, City Mechanic, to civil service status is also recommended. He completes his probationery period on February 1, 1956. Sick Leave: Head Custodian A1Mut';i has been asked by his doctor to remain away from work for an additional thirty days. Mr. Mutti is to gain strength for an appending operation. The Council is asked to approve an additional thirty days sick leave, which will bring to sixty the number of days accorded to Mr. Mutti. The granting of this new request will extend his s~ck leave period to March 23, 1956. Personnel Board Terms: The Personnel Board reports that the terms of Carroll Bucher and Frank Lesko will expire on February 15, 1956. 2-F. Recreation Commission: The Commission reports the naming of Mr. Arvid Olson to serve as Chairman fur the coming year, and the naming of Mrs. Wilivene Simonovich as Vice-Chairman. Councilman Lucchio, at this time, asked 5hat item #2-A be held out. Coun- cilman Gamlen then moved, seconded by Councilman Rocca and regularly carried, that reports 2-B, 2-C, 2-D, 2-E and 2-F under personnel matters be accepted and placed on file. Mayor Smith then returned to report #2-A. which concerned the Chemist Clerk examination. Councilman Lucchio asked that this matter be held over with a request that the high men on the written examination be interviewed. After discussion, Mayor Smith stated thac if there were no objections, the matter would be held on the agenda for further acceptance and filing after the council members had had an opportuniny to study it. Communication dated December 29, 1955 was received from Swift ~ Co. regis- tering a protest on the amount of money paid for sewer rental. Explanation concerning the subject matter was given by City Manager McClung, who re- marked that the matter had been referred to Brown & Caldwell, and who after examination found the protest unfounded. Councilman Rocca moved, seconded by Councilman Lucchio and regularly carried, that the protest be accepted and filed, and that Swift & Co. be notifked that their protest had been overruled. Verified claims against the City of South San Francisco were made by Alex- andria Panigiris, Larry Bini and Joseph i. Papale. Councilman Rocca moved, seconded by Councilman Gamlen and regularly carried, that the claims be. denied and referred to the ins~rance carrier. Inter-office memorandums dated January 2( and February I were received from the office of the City Manager concerning the Lindenville Termination Report. Discussion followed concerning nhe subject matter, at which time the ~ity Attorney explained the ultimate removal of the apartments, after whic~ City Manager McClung read excerpts from the report. Further lengthy disc~ssion followed, after which Council~an Gamlen moved, seconded by Coun~ilman Lucchio and regularly carried, that the Housing Authority be requested to compile a report on the approximate cost to make a further stud~ or survey on low rent housing finarcing. Councilman Gamlen then moved, seconded by Councilman Rocca and regularly carried, that the report be placed on file. /X PRIORITY SEWER DEFICIENCY PROGRAM: ~o ~o CONMUR STREET IMPROVEMENT: ~'-/~, WESTERN UNION SUNDAY CLOSING: ANIMAL SHELTER: HCIKEY BOULEVARD REPAIR OF ROAD: ~.p ~-/ INDUSTRIAL AREA SEWER, EVERGREEN & FORESTVIE~# STORM DRAINS, SOUTH CANAL & MAYFAIR AVENUE IMPROVEMENT - PROGRESS PAYMENTS: ~-/~ ~ ~-~ F AVALON BREAKTHROUGH JUNIPERO SERRA BLVD: PLANTING OF WINSTON MANOR #1 ENTRANCE: REFUSE DUMPING BUTLER ROAD: ~-~ ? REPORTS FROM OTHER AGENCIES: Inter-office memorandums dated January 13, 1956 and January 24, 1956 were receLved from the offices of the Director of Public Works and City Manager concerning priority sewer deficiency program. Mayor SmiZh remarked that if ~here were no objections, these reports would be placed on,file. No objections were registered. Communication dated January 17, 1956 as received from Luther Berry, to- gether with a copy of a reply to Stoneson Development Corp. dated January 20, L956 from the office of the City ~anager, was received concerning development of Conmur Street. Mayor Smith remarked that if there were no objections, these reports would be placed on file. No objections were registered. Comnunications dated January 20 and Janaary 26 were received from the Wescern Union Telegraph Co. concerning their notice to close their South San ~rancisco Office on Sundays only. ~yor Smith remarked that if there were no objections, these communications woqld'be placed on file. No objections were registered. Comnunication dated January 21, 1956 was received from the Winston Manor Home Owner's Association, Inc., together with a memor~um from the office of ~he City Manager dated January 25, 1956, concerning the matter of the Aninal Shelter. Mayor Smith remarked that if there were no objections, these reports would be placed on file. No objections were registered. Comnunication dated January 18, 1956 was received from Joint Highway Dist- ric~ #10, together with a memorandum fro~ the office of the City Manager dated January 31, 1956, concerning the roadway repair of Hickey Boulevard. Councilman Lucchio remarked that he objected to this item as he could not see how the City can assume the responsibility of the Highway District. He ~hen moved that the request be denied, that the work proceed, and that it not be the responsibility of the City but that of the Joint Highway District. Further discussion followed, after which Councilman Gamlen asked Councilman Lucchio if he had received a second to his motion, to which he replied,apparently not. Councilman Gamlen then moved, seconded by Councilman Rocca, that the recommendation of the City Manager be accept- ed ~nd the City proceed with the work on the basis as indicated in the letter from the Joint Highway District #10. Further discussion took place, after which motion as made and seconded was regularly carried. Councilman Lucchio voted no. Com~.unication dated January 26, 1956 was received from the office of C. J. Ledw~th, together with a communication dated February 1, 1956 from the offLce of the City Manager, concerning progress payments on the following pro~ects: Industrial Area Sewers, Evergreen & Forestview Storm Drains, and South Canal & Mayfair Avenue Improvement. This also took into consid- erat±on the transfer of monies from the General Fund in order to make the payments on the various demands. Councilman Rocca moved, seconded by Councilman Gamlen and regularly carried, that the transfer of monies be authorized and the bills paid as approved by the department head. Com~Lnications dated February 1, 1956 were received from the Director of PubLLc Works and City Manager concerning the Avalon breakthrough at Junkpero Serra Boulevard. Mayor Smith asked if there were any objections to accepting and filing t~is report. Co~ncilman Gamlen moved, seconded by Councilman Cortesi and regularly carried, that the report be accepted and placed on file. Councilman Lucchio voted No. Mayor Smith then asked for a roll call vote which was as follows: Ayes, Councilmen Rocca, Cortesi, Gam].en, Smith; Noes, Councilman Lucchio. Inter-office memorandum dated January 24, 1956 was received from the Supt. of Parks & Recreation, together with memorandum dated February 1, 1956 from the office of the City Manager, concerning the planting of the ~inston Manor #1 entrance. Councilman Rocca moved, seconded by Council- man Gamlen and regularly carried, that t~e request be granted. Conm;~nicatinn dated January 19, 1956 was received from Wildberg Bros. Smelting and Refining Co. concerning refuse dumping taking place along Butler Road. After a lengthy discussion concerning the subject matter, Councilman Gamlen moved, seconded by Councilman Cortesi and regularly carried, that the communication be accep;ed and placed on file. Mayor Smith then took up the matter of reports as received from other agencies as follows: 5-A. County Advisory Planning Council: The Advisory Council recommends that the County take steps to establish a north-south route in the area of 19th Avenue in San Mateo as soon as possible. 5--5. Wholesale Beer and Wine: Gallo Sales Co. have made application to the Alcoholic Beverage Control Board for a wholesale beer and wine license at 225 Shaw Road. 5-C. On-Sale License: The Alcoholic BeTerage Control Board has notified the Council that the previous request for transfer of on-sale license. at the Towne House has been recalled,and that the license will remain in the names of the present owners, Chester Luchini & Evo PistonS. Councilman Gamlen moved, seconded by Councilman Rocca and regularly carried, that the reports be accepted and placed on file. ALLISON COOKIE CO: MAYFAIR AVE. IMP: FLOOD CONTROL REPORT: ~'/7(~ MAZZANTI MATTER: TREE ON ASPEN AVE: ADJOURNMENT: Respectfully submitted, The matter of painting the exterior of Allison's Cookie Co., which had been referred to the City Attorney, was then taken up. City Attorney Lyons reported that he had spoken to the owners concerning council's desLre to have the exterior of the building painted and had been informed thaq the owner was unhappy with Mayfair Avenue, further stating that when May~air Avenue was improved, he might feel differently concerning the council's desires. Director of Public Works Goss then briefly mentioned the discussion held recently with Mr. Cima concerning the ir~stallation of two 48~ pipes in the ~ayfair Avenue location. City Manager McClung then stated that Mr. Cima and Mr. Coopman were in requesting a meeting concerning the matter of Mayfair Avenue. The date of the meeting was set for Friday at 3 p.m. Mayor Smith then proceeded on to Good and Welfare, stating that three cop~es of the Flood Control Report were ?resently in the Public Library for public use. City Manager McClung stated that a list uf attorneys had been submitted to the Council ooncerning the Mazzanti matter. Mayor Smith stated that he t.ad no objections to any of them, provided they had a good knowledge of municipal matters. He then asked if there were any objections to the City Manager proceeding from this list and engaging an attorney in behalf of the City. Discussion followed concerning the matter of a requested cont:nuance, as well as the possible purchase of the Mazzanti property by the City. After discussion, Mayor Smith moved, seconded by Councilman Rocca, that the City Manager be authorizad to offer to purchase the 2.82 or 2.29 acres of property from Mr. Mazzaati, which was appraised at $8,5(0.00 per acre for a total price of $24,100.00. Further discussion foil.owed, after which City Attorney Lyons remarked that the motion should be anended to show a straight grant deed. Mayor Smith amended his motion to ir.clude the City Attorney's statement, after which Councilman Rocca seconded the amendment. Amendment to th.~ motion was regularly carried, Councilman Gamlen voting no. Mayor Smita then requested a roll call on the amendment, which was as follows: Ayes, Councilmen Rocca & Smith; Noes, Councilman Lucchio; Abstained, Councilman Cortesi & Gamlen. Mayor Smith then remarked that the motion passed by a vote of 2 to 1. Roll call vote on the original motion was as ~ollows: Ayes, Councilmen Rocca & Smith; Noes, Councilman Lucchio; Abstained, Councilman Cortesi & Gamlen. Mayor Smith then stated that it would be the ruling of the Chair that the abstaining voted by either an aye vote or an absent, and that the majority of Council voted for the amendment and the motion. Councilman Lucchio then moved that the Chair's decision be overruled, and that abstention be considered a non vote. There being no second, Mayor Smith stated that the motion died for lack of second. Courcilman Lucchio and Councilman Gamlen absented themselves from the meeting at 7:56 p. m. Courcilman Cortesi then brought up the matter of a tree on Aspen Avenue which had been complained about by a res:dent. City Manager McClung re- ported that this had been referred to Mr. Schweining for attention. There being no further business, the meeting was adjourned to February 20, 1956 at 8 p. m. Time of Adjournment - 7:58 p. m. ~pproved: City C err