HomeMy WebLinkAboutMin - CC - 1965.12.06377
Burlingame, California
Deceniber 6, L965
A regular meeting of the Burlingame City Council was held on thegiven date. I{eeting ca1led to order at 8:00 p.m., - ttayor Crosbythe Chair.
above
in
PLEDGE OF ALLEGIA}TCE
At uord from the Chair, all in the Council Chanbers arose and gave the
Pledge of Allegiance to the FIag.
ROLL CALI
Present - Councilnen:
Absent - Councilmen:
Cro sby-Diederich sen-George-John son-I.{artin .
None.
The Binutes of the regular meeting of Novedber 15, 1965, submitted to
council previously, were approved and adopted.
HEARINGS
(A)WEED ABATET,IENT PROGRAIq 1965-1966
tlayor Crosby announced that this was the time and place scheduled in
accordance with published notice, to conduct a public hearing on the
proposed rreed abatement program 1965-1966 and thereafter declared the
hearing open.
Ittrs. El1en Parker. 15 Park Road, introduced photographs as evidence to
substantiate her objection to the placement of a "notice to destroy
weeds" sign on the lavn of her property and the i.rnplication that weeds
should be removed fron her property.
The city Engineer, at the request of councif, explained that noticeg
are posted accordi.ng to provisions of the Eunicipal Code, on the street
right-of-ways throughout the City and "never intentionally placed as
indicated by the photographs. "
Appropriate apologies rrere extended to &lrs. Parker.
To the inquiry of !1r. Duncan Beardsley, 1229 Cabril-Lo Avenue, concerning
the policy of the City on the removal of hteeds from the rear easements
of pf,operties, the City ungineer, through the Chair, advised that funds
have been allocated in the budget of the city to eliminate weed removal
assessments from the property ovmers' tax bills with the exception of
those privately owned lots
There being no further coEroents, either in protest or in favor thereof,
and no written communications, the Chair declared tbe hearing closed.
RESOL,UTION NO. 121-65 "Order ing Destruction of Noxious and Dangerous
weeds and Rubbi sh a Nuisance in the City of Burlingame " was introduced
for passage, on motion of Councilman Jotrnson, seconded by Councilman
Martin and unanirnously adopted upon RolI call.
(B)ANZA PACIFIC HAUL PERMI" WITHDRAWN
A comunication from cyrus J. McUiUan, representing the Anza Pacific
corporation, dated Noveurber 2, L965, requesting the withdrawal of an
application to obtain a hauling peroit, was acknowledged and the request
unani"mously approved.
CATL TO ORDER
!4INUTES
318
It{ayor crosby announced that this was the time and place scheduled
by Council to conduct a public hearing on a new application filed
by l*fr. Daniel Franko for a dance permit requested to be used in
connection with his beer and sandwich establishment, L4l6 Broadway.
A comunication was read f rom I{r. Jame s F. }lclrti}lan , L2l7 PaloBa
Avenue, dated November 14, 1965, urging favorable consideration by
Council to the granting of the dance permit.
There being no further communications and no one present to speak
in favor, the Chair invited those in opposition to conunent.
Ir{rs. Robert P. Eamnett, 1408 Alvarado Avenue, placed on fi1e,
petitions bearing the sigmatures of 108 residents of Burlingame and
adjacent area, objecting to the granting of the dance permit for the
reason that "public dancing is not included in the zoning ordinance "
and that the "normal operation of a public dance hal1 \,you1d tend to
create obj ectionable disturbances in what is essentially a residential
area during nighttime hours. "
tlrs. Eanunett brought forth two points to be considered: (I)that aprior statement from ttre proprietor indicated no "live music" wouldbe engaged vrhereas it is nor; so advertised and (2) that the State
Alcohol Beverage Control Board recently withdrew a liquor license
permit from a similar-type establishment in San l4ateo because "livemusic" attracted an undesirable element.
The City Attorney, in reply to Council inquiry, advised that there is
a provision within the lrtunicipal Code pernritting council to approveor reject a dance permit.
Iqr. Dan Pranko, the applicant, in attendance, stated that a petition
has been signed by approximately 1,500 persons favoring the dancepermit, however, upon being questioned by Council, he advised that
it was not in his possession on this occasion.
Councilman Diederichsen, questioning ltrs. Haru[ett, was advised that
the petitions include signatures from residents within the irumediate
area as vrell as throughout the C5.ty and in questioning t{r. Franko,
was advised that the petition he has referred to includes approx-
imately 400 airline employees in addition to residents frsn
Burl ingame and !{illbrae .
Recorded also as opposing the granting of the subject permit, were
Urs. Richard Broback, 1205 Bernal Avenue, Ur. F, A. A[trnerman, 1141
Cabrillo Avenue and Mr. and Ir{rs. V. V. Kolonbatovic, 27Ol Easton Drive.
Itlrs. Kolombatovic partieularly emphasized her objection to the
of the applicant to proceed in a " straight-for*rard " manner and
repeated inconsistencies in his announced intentions.
failure
to
l{r. Duncan Beardsley's inquiry concerning procedure in the revocation
of a dance permit was answered by the City Attorney who refeffed to
the Municipal code reciting that Council is empowered to issue notice
to an operator to " show cause why said permit should not be refused"
and after hearing, determine if sufficient evidence is present to
warrant a revocation or denial.
Reference was further made by Councilman George, in response to
!tr. Beardsley's inquiry concerning a police inspection, to a police
department report submitted to Council , October 3, 1965, recoomending
the "employment of an off-duty off j.cer on Fridays, SaturdayE and
Eoliday evenings as a requirement of the permit" and the inclination
to "recommend that they be given an opportunity to demonstrate their
ability to operate aa orderly busj-ness."
(c) Pt B so-Ho DAIICE PERI.trr
31 I
I{r. Beardsley pointed out that while he personally may be opposed,the applicant should be given the opportunity to operate the businessto "prove" hlmself; that failure to comply with conditions would
thereupon]ce a matter for Council action.
Councilman ilohnson questioned an item stated in the applicant,s letter
dated Novernber lO, 1965, suhaitting a request for a dance permit after
withdrawing his previous application, concerning an alleged ', compromise,,
made between the applicant and Ur. Robert Eannett.
Mr. Franko stated that upon notifying Mr. Eanmett of his intention
withdraw the initial application of the dance perrtit, Mr. Eammett,
turn, had consented to withdraw his objection to the issuance of a
beer permit filed with the State ALcohoLic Control Board. by the
applicant. Mr. Franlo stated further that he had also informed
l,tr. Eanmett that he did intend to file a second request for a dance
permit at a later date.
to
in
Councilman llartin's review with the applicant on the comrni tment s of
the latter at a prior meeting, concerning the size of the dance floor,
the attendance capacity, the engagement of off-duty officers on Fridays
and saturdays, the operation of a j uke-box, drew objection from
!1r. Franko, viho requested that he be permitted to employ officers at
his discretion and to engage live music on Fridays and Saturdays.
In a discussioo on the conditions set forth at the prior meeting,
Council indicated that the sarne conditions shall be imposed and if
approved, the dance permit r'rould be issued solely on a thirty-day basis.
I.{rs. Bammett, for the record and to clarify the statement hrith respect
to an alleged "compromise" between the applicant and Mr. ItarDmett, stated
that at the time the previous application for a dance permit was with-
drawn, the objection filed by Mr. Hamnett \^rith the state ALcoholic
Beverage control Board was thereupoa withdrawn and agEured council
that under no circumst.rnces was a "compromise" in effect.
Inquiries from Council concerning his willingness to comply with the
conditions incidental to the granting of a dance permit cont inued to
draw hesitant replies from I.1r. Franko, partj-cularly with respect to
the employment of off-duty officers and the engagement of live music.
A general discussion thereafter from those in the audience and from
members of Council concluded that the hesitanry of the applicant in
accepting the conditions was not in the best interest of the City.
1rtre hearing was declared closed trlr the Chair and Council members were
invited to comnent.
Counci}nan Johnson in her corunents, stated that in her opinion, "no
evidence has been heard against the application; " that "Council has
the right to rescind the permit if eonditions are not meti " and with
reference made to possible "trouble" questioned "how can we turn
thunbs down vftren we do not know? "
Councilman ltartin stated that a dance permit issued
basis shall eliminate the necessity of a hearing if
within that period, fail to comply with conditions.
on a thirty-day
the applicants,
Fo].lowing a brief discussion, wherein Councilman l{artin further reviewed
tbe conditions and to whidr conditions the applicant consented, the
Acting city uanager was directed to request that the fire and police
departments submit a monthly report on the operation of the Club so-tso.
Requested by the Chair for an action by Council, Councilman Diederichsen
moved that the application for a dance permit, filed by !1r. Dan Franko,
be denied, seconded by counc5.lman George. A RolL ca11 vote was recorded
as follows:
Ayes:
Noes :
Councilmen:
Councilmen:
Diederichsen-George.
Cro 6by- Johns on-I'lart in .
Johnson-Martin.
crosby-Diederich sen-ceorge .
A second motion was introduced by councilman Uartin that the dance
pennit be approved, subject to conditioDs set forth and on a thirty-
day basis, seconded S' Couneilman Johnson. A Roll call vote was
recorded as follows:
Ayes:
Noes:
Councilmen:
Councilmen:
COMMUNICATIONS
I. BAYSIDE Il4P ROVEMENT DISTRICT NO. 3 AGREEII{ENT
A communication from the City llanager, dated Decemb€r 2, L965, advised
that a procedure for the improvement within Bayside Improvement District
No. 3 has been proposed requiring an agreement to be enacted between
the property owners within the District and the City of Burlingame and
that the City Engineer and the City Attorney have concurred with the
agreement proposal.
!1r. Kenneth I. Jones. Attorney, representing the District, explained
the procedure in detail, wherein the Anza Pacific Corporation proposes
to enter into contracts for the construction of the improvements
within the District, subject to inspection at all times by the City
Engineer; that upon completion of the project, the owners of the
property shall assume the costs for publie improvement installations,
reimbursed through bond sales; and that the capacity of the City is
so1e1y that of an agent for the property ovrners within the District.
2. REPORT DEIqOLITION ITOUSES WITHIN PARKING DISTRICT
A memo to Council from the City lilanager, dated Deceriber 2, L965, advised
that a satisfactory plan for removing the last three houses within tJle
Burlingame Avenue Area Off-Street Parking District (1439 Chapin Avenue,
1509 Burlingame Avenue, 1500 Ralston Avenue) has been prepared and the
Iow bidder, the Knapp E<cavators, will proceed as authorized by Council
at the prices quoted. lftre communication was acknowledged and placed
on file.
A memo to Council from the City llanager, dated December 2O,
recomrended that the proposal of Cresap, llcCormick & Paget
a salary survey be formally accepted with nodifications.
1955
to conduct
Councilman Johnson moved that the salary survey proposal, as outlined
by the city Manager, and informally approved at the Council study meet-
ing, be accepted, seconded by Councilman l.{artin and unani:uously carried.
4. GENERAL PLAN CONTRACT ACCEPTED
A memo from the City Manager, dated December 2, L965, concerning an
action required of council with respect to a "General Plan contract"
was ac]<nowledged and the Chair invited the City Planner to comment.
Ihe City Planner introduced lfr. William spaog].e and his assistant,
Ur. ceorge G. !.{ader, in attendance, w}ro have submitted a "Proposed
General Plan Program" for the City of Burli.ngame.
320
RESOLUIION NO. 122-65 "A Resolution Authorizing D<ecution of Agreement
for Acquisition of Improvements Bayside Improvemeat District No. 3"
was introduced for passage on motion of Councilman George, seconded
by Councilman Diederichsen and unanJmously adopted upon Rolt CaII.
3. SAI,ARY SURVEY PROPOSAI ACCEPTED
321
Council was advised by the City Planner that acceptance of a contract
renders the city eligible to apply for Federal assistance through
State agencies wherej.n two-thirds of the total contract cost shall be
financed through Federal funds -
A motion was introduced by Councilman ceorge, seconded by councilman
Johnson and unanimously adopted that a contract with william spangle
& Associates, in the amount of $37,?5O.O0, be accepted and that the
City l.{anager and the City Planner be authorized to proceed with filing
the appropriate applications for financial assistance.
5. SEI{AGE FORCE MAIN ACCEP?A}ICE
A communication received from the city llanager, dated Novenber 29, L965,
advised that E. T. Haas Co., Contractor, has satisfactorily completed
the contract work for the Bayshore llighway Sewage Force llain and it was
recommended by his Office and that of the City Engineer that the project
be accepted.
RESOIUTIoN NO. 123-65 "Acce pting Construction of Force llain - Bayshore
Eighway Serrage Punp Station - Job No. 65-21" was introduced for passage
on motion of Cou[cilman ilohnson, seconded by Councilman George and
unanjmously adopted upon RolI CaLl .
6. CITY-O!{NED DIVET.T.ING CAROLAIT AVENUE RIGET-OF-WAY
A comunication from the City Planner, dated November 23, 1965, advised
that at a regular meeting of the Planning commission, a variance
initiated on behalf of the City to permit a dwelJ-ing on the remainder
lot at Itlorrell Avenue and Carolan Avenue rras considered at a public
hearing; that at the concl-usion thereof, the Cornmissj.on voted unan-
imously to approve the use of the lot and that the dwelling be permitted
to be reconstructed to a five-foot side setback.
Council concurring r*ith the recommendation,RESOLIITTON NO. 124-65
"Authorizing the Sale of a Portiou of Lot 10, Block 1, Burlingame
Vi1la Park, to Uarjorie H. Ca].well and Directing E<ecution of Deed"
vras introduced for passage on motion of Councilman George, seconded
by Councilman Diederichsen and unanj.mously adopted upon Roll CaIl .
A cortnunieation from the West Bay Rapid ?ransit Authority, dated
Novenlcer L2, L965, announcing the recent approval of a contract to
desigm a master transit plan for San l{ateo County and inviting council
corments, was acknowledged and filed for future refereoce.
RESOLIITION NO. 125-65 "A Resolution CalI ing for Bids on Sale of
Improvement Bonds Burlinganre Avenue Street Lighting Project" and
scheduling December 20, L965, 8:00 p.m., Council Charnbers as the
time and place to receive said bids, was introduced for passage on
motion of Councilman Diederichsen. seconded by Councilman alohnson
and unani.mously adopted upon RoI1 CaIl.
ORD INANCES Consideration thereof :
oRDINAIICE NO. 836 "An Ordinance of the Cit y of Burl ingame Providing
for the Palaaent of Salaries to lrlembers of the city council of the
City of Burlingame " was given its second reading and upon rnot ion of
Councilman uartin, seconded by Councilman ceorge, said Ordinance
passed its second reading and was adopted by the following vote:
Ayes:
liloe s :
Absent
councilmen:
Councilmen:
Councilmen:
Cro sby-Diede riclr seu-Geo rge-if ohnson-I.tart in .
None
None
7. COI'NTY MASTER TRANSIT PLAN
RESOLUTIONS
322
ANNOI'NCEI.{ENT S -ACKNOWT,EDGI'IENT S
1. FIRE DEPARTI{NE COMIIENDATI ON
A communication r"-as acknowledged from Dr. W- I. Petersen, dated
November 29, 1965, commending the fire department mernbers of ttte
Eillside Drive unit for their outstanding service on tl.e occasion
of a recent flood in their home during their absence.
2. POLICE COMMENDAT ION
A comrnunication from the field representative, State Board of
Corrections, !1r. Murray Eannon, dated Novenber 19, 1965, complimenting
the city administration and the Chief of Police on the excellent
maintenance of the City's jail facility, was acknowledged.
3. COMI{ENDATION TO BURLINGA}.{E CEAI4BER OF CO!,TMERCE
The Chair announced receipt of a conrnunication from the Charuber of
Comerce, City of Orland, Cal-ifornia, commending the Chamber of
Corunerce, City of Burlingame on its selection as "one of the t\^renty
most successful Chanibe r of Cotrmerces in the State of California. "
4. CIVIL DEFENSE ALIOCATION
Councilman George reported that the City of Burlingame has received
the s ura of $3,694.00 from Federal funds to be applied to personnel
and administrative expenses in the Burlingame Civil Defense office.
5. PARK- RECREATION COM!4ISSIONS REPLIES
rO REGIONAL PLANNfNG COMMITTEE INQUIRIES
The Chair announced receipt of a cdumunication from the Park and the
Recreation Commissions, dated November 10, 1965, submitting for Council
inf or-tation, replies to gueries received from the City and County
Parks Subcorunittee, referred by Council to the Cormnissions. llhe
communication was acknowJ-edged with appreciation and placed on file
for future reference .
I'NFINISHED BUSINESS
1. RESOLUTION RE: " VIETNAII{ POLICY''
councilman ifohnson, with reference to a resolution concerning the
'Vietnam Poliey" recently received by Council frdn the City of San
llateo, stated that "we cannot speak for the 27,000 people in Burlingame,
but we can speak for ourselves;" "there isn't a person who does not
desperately wish peace;" however, "there is a conflict and our men are
in the thick of it, " and that she r.rould therefore move "that commen-
dation for their faithful service to our Country be expressed and deep
gratitude extended to our Armed Forces." T'he motion was seconded by
Councilman ceorge and unanjmously adopted.
2. POLICY ON EOLIDAY SCIIEDI'LE
A memo was received from the City l{anager, dated Decembet 2, 1965,
recommending that a policy be established concerning closing hours
prior to the forthcoming Saturday Christmas and New Year's Day
holidays.
Councilman George moved that the city employees be permitted a half-
day holiday on the Friday afternoon preceding christmas Day and that
a fuII work day be observed the Friday previous to Neh, Year's Day.
An amendment offered by CouneiJ-man Diederichsen that a half day also
be gralted employees the Priday preceding IIev, Year's Day r^/as concurred
in by Council and a motion incorporating tbe amendment was thereafter
unanimously adopted.
323
NEI.I BUSINESS
1 . PITBLICIT:( RE: BURLINGAIIIE HILLS AREA
Councilman uartin referred to a recent ne$rspaper article concerning
the Burlingame HilLs community application to the County of San Mateo
for a "special district" to obtain fire protection and the inference
that the City of Burlingane would not furnish the service.
councilman ltartin stated that the misconception should be corrected;
that if the residents of the subject area are desirous of obtaining
fire protection they should assume the financial obligation; that
protection to the City of Burl ingame must be the first consideration
and that it was his personal opinion that " taxpayers should not be
alLowed to choose rrrhat particular taxes they want to pay. "
Councilman llartin presented figrures comparing assessed valuations on
homes within the Burl ingame Eills area (unincorporated) and the city
of Burlingame; that, as an example, on homes valued at $32,000.00,
taxes paid by the property owners within the EiL1s area are approxi-
mately $48.00 less than those paid by Burlingame property owners.
with respect to fire insurance rates, Councilman Martin pointed out
that the Burlingame Eills property owners pay approximately $42.00
more annually than the Property ot/ners of the City of Burlingame.
2. DIRT EAI'L COMPLAINTS
Councilman Martin advised that cdnplaints have been received in connec-
tion with the cuffent dirt hauling operations on Trousdale Drive and
that from his persooal observation, with the exception of a violation
in the spacing of trucks returning to the project site, the dirt haul
in the main, is well operated.
The city Engineer was requested to investigate the violation in the
condition reguiring a " two minute spacing of trucks. "
3. COMMISSION REAPPOINTI'{ENTS
Council acknowledged a memo from the city clerk announcing the term
expirations of Edward Eevey and .roseph c. Hunter, merobers of the Civil
Service Corurission and I{r. DoEaId Refvem, Parking District Commission.
Council noted that Mr. Hevey and l4r. Refvem have indicated their
willingness to accept reappointments if so off,ered.
I{ames of further candidates for the above-named posts were requested
to be sulxnitted to the city [anager prior to the next regular meeting
of Council.
CITY REPORTS ACKNOW,T.,EDGED
llhe Chair acknowledged receipt of the llinute s of the Eea1th, safety
& Traffic Comission, the Parking District Commission, the Planning
Commission, the Library and the civic Improvement comnittee.
AD.JOURNI,TE}flT
There being no further transaction of business, the meeting vras
regularly adj ourned at 1O:2O p.m.
Respectfully submitted,
''%./,,.*.,,
/
WILLIAM J.BY MAYOR
HERBERT K. !{HITE, CITY CLERKAPPROVED:
I