HomeMy WebLinkAboutMinutes 1965-09-13ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SOUTH SAN FRANG2SGO
HELD MONDAY, SEPTEMBER 13, 1965
TIME:
PLACE:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL GALL:
JOHNNY'S CLUB
DANCE PERMIT:
RESOLUTION NO. 4284
GRADING PERMIT
SOUTH SAN FRANCISCO
SCAVENGER COMPANY:
UTAH DREDGING DIVISION
UTAH CONSTRUCTION &
MINING COMPANY:
PARK PROPERTY
WEST WINSTON NLANOR::
7:30 p.m.
Council Chambers, City Hall
The meeting was called to order by Mayor Franc Bertucelli at 7:39 p.m.
The Pledge of Allegiance to the Flag was recited.
Present:
Absent:
Councilmen Frank Bertucellt, Patric~ E. Ahern, Emilio Cortesi,
Andrew Rocca and Guido J. Rozzi
None
City Attorney Noonan remarked that the matter of the application of John Faraudo
for a Dance Permit which had been continued from the regular meeting of
September 7, 1965 was again before Council for its action. He remarked that
ir accordance with the provisions of the Ordinance if the applicant complies with
these provisions, was entitled to a permit. However, if Council took an action
for denial, the applicant could obtain a writ of mandate to secure the permit.
Mr. Daniel Modina, an attorney from the law office of Thomas Bocci representing
t~e applicant, remarked that they were willing to abide hy the provisions of
t~e Ordinance since it was their desire to operate a respectable place.
Discussion followed concerning the conditions of the present Ordinance as well
as 'amending or revising the present Ordinance. After discussion, Councilman
Rozzi moved, seconded hy Councilman Ahern and regularly carried, that the
request he granted with the understanding tha~ the applicant would comply with
all Ordinances and other Police Department regulations necessary.
Council next took up the Grading Permit application of the South San Francisco
Scavenger Company. At the request of the Mayor, Acting Director of Public Works
Neville stated that a preliminary soils report had been received, that his office
w~s satisfied with this report and that they were hopeful that they would receive
the final report hy the end of the week.
Brief discussion followed after which the City Attorney explained the resolution
w~ich could he adopted if Council wished to grant the Grading Permit. After
explanation, Councilman Ahern introduced a resolution entitled: "A RESOLUTION
GRANTING A GRADING PERMIT TO SOUTH SAN FRANCISCO SCAVENGER COMPANY."
Roll call vote was as follows: Ayes, Councilnen Frank Bertucelli, Patrick E. Ahern,
Emilio Cortesi, Andrew Rocca and Guido J. Rossi. Noes, none. Absent, none.
Council next took up the matter of the reques~ of Utah Dredging Division of the
Utah Construction & Mining Company as contained in their letter of August 6, 1965
requesting an amendment to their agreement dated January 7, 1957 concerning the
right of removal of certain sand from a borrow area within the City.
Discussion followed at which time mention was made as to whether or not the
removal of this sand would conflict with the agreement which the City had with
the Ideal Cement Company for the removal of shells which were processed into
cement. Mention was likewise made hy the Cit~ Attorney concerning the letter
which was received from the C & S Dredging Conpany, Inc,, dated September 13, 1965,
who expressed a desire to be allowed to bid om the removal of the sand for which
Utah Construction Company was making application.
Further discussion followed after which Mayor Bertucelli continued action on the
request until the regular meeting to he held September 20, 1965.
City Attorney Noonan at this time stated that Mr. John Pene was present concerning
the matter of the Tot Lot in West Winston Manor which was referred to him for study
and report at the last~regular meeting. He commented that it was his understanding
that the matter was to he taken up at the regLlar meeting of September 20, 1965
and that he had not had the opportunity to make a detailed study of the matter.
Mr. Noonan commented that the County had the right of condemnation through Eminent
Domain proceedings if they so wished. However, the City saw fit to deed the
property rather than go through condemnation proceedings.
Lengthy discussion followed at which time Mr. Pene reaffirmed his position that
he did not feel the City had the right to convey title of the park property to
the. County for highway purposes. He remarked that this was a diversion of land
from park to highway purposes, citing decisiors in the courts which did not permit
this diversion. He remarked that it was his ffeeling that the City should have
followed the Code procedures of the abandonment of land. He then read a portion
of a report which had been prepared by Willian Spangles and Associates in which
mention was made that the Winston Manor area Lacked playground area. He also
mentioned that a second problem of encirclement of the subdivision by freeways and
highways existed, stating that Mr. Spangles' report noted that freeways should go
hy but not through, further remarking that he felt the City was not following this
PARK PROPERTY
WEST WINSTON MANOR.'
(CONTINUED)
REQUEST OF R. MARTINSON
USE OF CITY EASF24ENT:
BENETTI PROPERTY
DRAINAGE CULVERT:
DRAINAGE FROM
SERRA MONTE SUBDIVISION..
CRYSTAL SPRINGS
RECREATIONAL PURPOSES:
GOLDEN GATE PRODUCE
REQUEST FOR SIGNS.'
report. Councilman Ahern stated that the Superintendent of Parks and Recreation
recommended the disposal of the Tot Lot mentioned since the older children were
using the park, forcing the younger children from the area. A member of the
audience stated that the land had been given ;o the City in trust and since it had,
the. City did not have the right to give it aw&y. He likewise made mention that
the Spangles' report had been paid for with City tax monies and that the Council
was ignoring this report. Councilman Ahem, in reply, stated that Mr. Spangles
was hired because he was an expert in this field and that the report was a guide
to follow and not a plan for the City; further, that the City always attempted to
have the roads diverted around it rather than through the City.
Dan Murphy stated that a new Tot Lot would be further removed from its present
location since all of the land which was avai2able had been taken up. Administrative
Assistant Sargon stated that the only area which appeared to be available was in
the vicinity of Serra Vista School. Mr. Murphy stated that the present park
was the ideal location for children in the area and urged that it be kept in its
pre;sent location.
Mr. Ritchi, 232 Dundee Drive, mentioned that if Hickey Boulevard Extension went
through, the West Winston Manor area would be an island. He likewise made mention
at this time concerning a drainage problem which would he created by the extension
and construction of Hickey Boulevard. Mentiom was made concerning the possibility
of a tax payers' suit being filed after which Councilman Rocca commented that long
negotiations had been held with County Supervisor Fitzgerald who was told at the
time that the City desired a park of the same size or larger than the one which
had been sold. He remarked that more would he accomplished hy the residents of
the. subdivision meeting with City staff and negotiating for a park site. Mr. Murphy
asked that in the event a tax payers' suit ha¢ been filed and turned down, would the
City vote against a park in the area; to which he was told that the City Council
would not vote against a park and would not hold such an action against the residents
of the subdivision because of a tax payers' s~it. Mr. Pene stated that his group
could not meet with the City staff, remarking that they would do everything to
keep the present park.
City Attorney Noonan at this time brought up the matter of the request of
Mr. R. Martinson whose property is adjacent to the Colma Creek between Spruce
and Orange Avenues, who requested permission to use a portion of this easement
thereby cleaning up some of the debris which existed.
Discussion followed concerning the type of ownership the City held as well as the
debris which existed after which there being r,o objections, Mayor Bertucelli
referred the matter to the City Attorney.
Request was received from Mr. Benetti concerning the-relocation of a drainage
culvert which was located outside the easement area which had been dedicated for
this purpose and which was on property which he owned on Rocca Avenue upon which
he wished to construct a home and which interfered with the location of his driveway.
Discussion followed concerning the portion of removal which was to be made by
Mr. Benetti and the reinstallation by the City after which Councilman Ahern moved,
seconded by Councilman Rozzi and regularly carried, that the City be authorized to
negotiate with the owner concerning removal and reinstallation of the drainage
culvert with the City's expense to be limited to Four Hundred Dollars ($400.00).
City Attorney Noonan then brought up the matter of drainage condition at Hickey
Boulevard and Junipero Serra as well as the proposal for the use of City streets
for a water line to Serra Monte Subdivision.
Discussion followed concerning the drainage which would come from the Serra Monte
Subdivision because of the change in contour through its development suggesting
that the City negotiate with the subdivider. Mayor Bertucelli stated that the
City was to meet with the State, County and Serra Monte subdividers to discuss
other problems and would likewise discuss this one at that time. He requested
Administrative Assistant Sargen to arrange for a meeting date. Mr. Ritchi remarked
that he was told hy State engineers at the time he had an action before the courts
on the taking of portions of his property for drainage purposes that the water
would flow in the storm drain to the rear of his home. A suggestion was made hy
a ~emher of the audience that since the storm drains in the West Winston Manor
area were inadequate, the City was now in a position to obtain the installation
of adequate storm lines through the subdivision at no expense to the City.
Mr. Friedenberg of the Westborough subdivisior, requested Council to look into the
matter and determine the County's position concerning the opening up for recreational
purposes of the Crystal Springs lake area. Discussion followed at which time mention
was made of the divided opinion concerning this opening, those who wished to use it
for recreational purposes and those who wishe¢ to keep it closed in order that the
waters would not become polluted by debris as well as keeping it in its present
natural beauty. A member of the audience proposed that the area be left as is
since the residents relied on the Spring Valley and Hetch Hetchey for its supply
of drinking water and if it were to be used for recreational purposes, would soon
become contaminated. The City Council stated that it would review the matter.
Mr. Peters of the Golden Gate Produce brought up the matter of the need for signs
to direct north-bound and south-bound produce trucks to their area, stating that
the State Division of Highways was opposed to the placement of these signs and
because signs were not available, trucks ofter, went beyond the point of ingress,
GOLDEN GATE PRODUCE
REO~IEST FOR SIGNS:
(CONTINUED) ~ 0 ~o
APPOINTMENTS TO
HISTORIC SITES
SUBCOMMITTEE:
BAYFRONT
DEVELOPMENT:
E~PLOYMENT OF
WILLIA~ LARSEN~
INFORMATION REQUEST
BY PERSONNEL BOARD:
PROPERTY DAMAGE
CLAIM:
ADJOURNMENT:
'had: to turn around and come back. He asked the City's assistance in obtaining
directional signs. Mayor Bertucelli requestec that the Council be allowed to work
on the matter, referring this to the City Attorney.
Communication dated August 3, 1965 was received from the Regional Planning Committee
requesting appointments of representatives to the Historic Sites Subcommittee.
Mayor Bertucelli at this time appointed the following: Mr. Edward P. Kauffmann,
Mrs. Lenore Varni and Mr. Herman Scampini.
Council next took up a communication from the Regional Planning Committee dated
August 26, 1965 concerning the Bayfront Development. Discussion followed at
which time, there being no objections, Mayor Bertucelli requested action he
withheld until the return of the City Manager from vacation and that it he
referred to his office.
At the request *of the City Attorney, the City Council agreed to the employment
of William Larsen, a recent graduate of law school who was awaiting his bar
examination, for the drafting of the Ordinance Code which had been compiled
recently hy Mr. Harlan Moulton. The employment period was for one month.
Mr. Walter McNamara of the Personnel Board asked that his board be advised of
promotional examinations and new positions within the City at the earliest possible
date so that they would have the information available when they were approached
at meetings hy various organizations and groups.
Claim for property damage was received from tke law office of McCloskey, Wilson,
Mosher & Martin in behalf of their client, Charles E. Graham, alleging damages
to his boat while berthed at the Oyster Point Marina. Councilman Rocca moved,
seconded hy Councilman Rozzi and regularly carried, that the claim he denied and
referred to the City's insurance carrier.
There being nothing further, Mayor Bertucelli adjourned the meeting to the next
regular meeting of Monday, September 20, 1965.
Time of adjournment: 10:12 p.m.
RESPECTFULLY SUBMITTED,
APPROVED:
Mayor