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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