HomeMy WebLinkAboutMin - CC - 1963.06.17267
Burlingame, California
ilune 17, L963
A regular meeting of the Burlingarns City Council was held on the
above given date. Meeting ca11ed to order at 8:05 p.m., - Uayor
ilohn son in the Chair.
PIEDGE OF ALI,EGIANCE
ROTI CAI.,L
Present -
Absent
Councilmen:
Councilmen:
Crosby-John son-Lo renz-Mart in
None
llayor Johnson, on behalf of t]re Council, welcomed Councilman Lorenz's
return to Council after an absence due to illness and a round of
applause was extended to Councilman Lorenz by those in attendance.
Ihe minutes of the regular meeting of ilune 3, 1963, submitted to Council ,
were unanimously approved and adopted on motion of Councilman Crosby
and seconded by Councilman Martin.
COT'NCIL VACANCY
fhe Chair declared a vacancy on the City council created by the
in death of Councilman L. B. Uorgan and invited nominations to
the existing vacanclf .
passing
fill
EDWARD D. GEORGE NO!4INATED
llhere beirg no further nominations, the appointment of t{r. George as
a member of the City council was unanimously confirmed by Council and
the Oath of office thereafter administered to councilman George by the
City Clerk.
councilman George, in assurning his position, expressed his appreciation
on being selected as a member of the Burlingame City Council and
assured members that their trust and confidence in him would not be
betrayed. Councilman George introduced his wife, Alice, his daughter,
cail and his son, Edward.
HEARINGS
].. APPLICATION TO OPERATE TAXICABS
The Chair announced that this uras the time and place scheduled to conduct
a hearing on the application filed by the Bel-Mateo Enterprises, Inc.,
for a certificate of Public Convenience and lilecessity to operate
taxicabs in the city of Burl,ingame.
The hearing was declared opened and a "Notice of Hearing" publj.shed as
required by Ordinance and a communication received from Fred iI. Azevedo
and Mrs. Evelyn Lorton, dated June 6, L963, co-owners of the Ye11ow Cab
company in support of said appl ication, were read.
Proponents were invited to conment.
CALL TO ORDER
At word from the Chair, all in the Council Chamber arose and gave the
Pledge of Allegiance to the F1ag.
MINUTES
Councilman llartin moved that Mr. Edward D. George, 2115 Roosevelt Avenue.
be placed in nomination, seconded by counci-lman Crosby.
26[,t
Ur. Ilugh connolly, Attorney, representing the Bel-Mateo Enterprises,
Inc., advised (1) that the applicants contemplate the acquisition of
both the Yel1ow Cab Company and the Checker Cab company of Burlingame
and request therefor a certificate of Public Convenience and Necessity
for twenty vehicles. the number presently under penrnit to both taxicab
companie s: (2) that the character, reputation and financial responsibility
of the applicants with respect to their prior experience in operating a
business of public conveyance, indicates the reliability of each to
improve the service in the City of Burlingame antt (3) that the
applicants shal1 retain the present waiting room on Burlingame Avenue
on a tgrenty- four hour basi,s, shall maintain the present taxi stands
and install new taxi stands in the North Burlingame area and shall
install tr^ro-way radios to provide a prompt and efficient service to
the citizens.
Ihere being no further proponents and no corununications in approval
thereof, opponents were invited to comment.
Ur. Eugh Mullin, Attorney, advised of his clients' objection to the
proposed transfer of the Yellow Cab Company franchise: that he
represented alohn ward, 505 Howard Avenue, Burl ingame, Avedis Portoian,
143O Oakhurst, San Carlos, Robert Portoian, 2217 fhurn, Belmont, and
Fred Alpen, 1426 Floribunda Avenue, a1I of lyhom filed with the City
C1erk on this date, a Certificate of Public Convenience and Necessity
to continue their taxicab service in the City of Burlingame.
Ur. MuIIin expJ.ained that two of the applicants in 1960 and two
applicants in L962 entered into written agreements with the or*ners
of the Yellow Cab Company to privately own their cabs with a monthly
fee to be paid to the Yellow Cab Company for the privilege of
operating said vehicles under the fleet name, colors and certificates
of the Yellow Cab Company t the terms of the agreement were to be
continuous unless terminated by a ten-day written notice; upon
notification to terminate the service, effective June 1, 1963, the
appl icants continued to provide public transportation and to tr.rnsport
crippled and retarded children up to and including the present date.
l.lr. )lullin advised that his clients have been operating satisfactorily
and efficientlv and the proposed transfer will deprive each his means
of Iivelihoo<lI an application for said certificate of Public Convenience
and Necessity was therefore filed and shall come before the Countil at
the appropriate tine.
In rcply to Councilrnan Crosbyrs inquiries, Council was advised that a
waiting roon shall renain open twent), four hours a day with a telephone
installcd for pub I ic. conven ience ; the central office in San I'late shall
be the dispatching center, r,rith no change in the operation of the
Burl ingane service.
Councilnan ,\.larti
operation and wathe two compani ethe operation ofl.!r. C onno I I1, ind
gent lemen, Frovivehicles in oper
nq
SA
uestioned the number of taxicabs currently in
dvised by I'lr. Connolly that there are twelve between
r,,ith a request that a certificate be issued to permit
enty vdhicles to further irnprove the service.
ted no opposition to permits being granted to the four
his clients are granted a certificate to place twenty
on.
tw
ica
ded
ati
In further reply to Councilman
and read fron a section of the
vestigation and cons i de rat ion
convenience and necessitv".
iuart in , the city Attornev
taxicab ordinance setting
bv Council to determine the
referred toforth . th e, in-
"pubIic
l.lrs. Evelyn Lorton, co-owner Yellori Cab Compan,v, explained the position
of the Company and circumstances arising to place the current agreementinto effect. Itlrs. Lorton stated that in her opinion the opposition
to the proposed transfer of certificate is not justified.
ilr. Robert C. Jennings, stockholder in the Bel-ltlateo Enterprises, Inc.'
explained in some detail, the offer rnade by his Companv to the opposing
applicants h'ith respect to the purchase of the cabs' the reimbursenent
oi' expenditures and the opportunitv to continue employment under the
269
ner.r corporation, and their indication of approval prior to this occasion.
The City llanager, questioned by the Chair, suggested that the conplexquestions that have arisen may be resolved bv a conference with theCity Attorney and with the Attorneys for the respective applicants.
Councilnan llartin suggested that the
the number of taxicabs operated uponof the last five years and r.rhether a
warranted.
issue be further
the City streetsfirner control bv
explored to as cert a in
during the peri odthe Counci 1 is
Council concurred and the hearing was thereafter continued to the
reguJ.ar meeting at rshich tirne a public hearing on the applicationcertificates filed on this date also would be conducted.
2. BURLINGAI,!E SHORI LAND VARIANCE COiiTINIJANCE
nex tfor
The Chair announced that this rr,as the time and i,lace to
hearing on varianccs reouested bv the Burlingame Shore
permit the construction of high-rise apartnents on its
between the Bavshore Access Road and Carolan Avenue.
continue the
Land Conpany topropertv I ocat ed
At the request of Council, the City Attorney explained the position of
Council with respect to the ineligibility of ttro members of the
Council to vote on the reclassification of said property.
The Citv Attorney advised that his Office has conferred r.:ith llr. Cvrus
J. Ilcltlillan, Attorney, for the proposed development, on a possible
procedure wherebv Council nay cease its deliberations and continue
the natter for further hearing and to possibll, again take evidence
for and against the applicant, for the purpose of qualifying all
Council rnenrbers to vote on the issue; that there is no law providing
this type of procedure; however, if consented to by the applicant'
the pro-edure in aII probahility, rvould create no disfavor with
respect to the Courts. The City Attornev advised that he rvas nerely
issuing a statement, not a recommendation.
I'lr. ucl.tillan indicated his approval to the procedure outlined bv the
City Attorney.
ltlr. I,Jilliam Beckett, l4l9 ltlontero Avenue, spoke against the re-openingof the evidence, stating that it was unfair to those rrrho have appeared
on prior occasions to protest the high-rise construction.
Councilnan llartin's incuiry concerning the two issues hefore the Council:
a request for a reclassi.fication of property and a variance request, was
replied to by the City Attorney, who advised that rrany matter pending
can be re-opened." and indicated there vrould be no objection to such
procedure.
Councilrnan l\tartin, in referring to his previously stated objection to
the reclassification and the I'three affirmative votes" legally requi.redto affect the zoning change, expressed reluctance to being placed in
the position of having the "porver to veto" the proposed developnent
construction and that he had no objection, therefore, to the re-openingof hearings.
Acting upon advice of the City Attorney, with respect to procedure, a
notion was thereafter introduced by Councilman Crosby,, that the hearing
upon the applications for variances and a relcassification of property as
described in Ordinance No. 783, he continued until the lSth dav ofJuly, 1963, and that the City Clerk give the notice appropriat6 to initbte
new proceedings. The motion rvas seconded by Councilman Lorenz and
unanimous ly carried.
C OI.I}I UN I CATI ONS
I. DREDCINC OF CHANNEL AUTIIORIZED
A conmunication from the City llanager, dated June 14, 1963, reported that
the request of l.lr. David Keyston, President, Reclanation District, for
permission to dredge material fron the City of Burlingarne ts propertv
under the Pacific Cas and Electric Corirpany's high voltage lines has
been investigated and subject to specific conditions, it was reconnended
that approval for said dredging be granted.
27A
A comnunication from ltlr. Albert S. IIorwitz, Chairman, Joint Bavlands
Development Cor.,rr,rittee, dated .Iune 4, 1963, advised that it h,as the
unanimous recommendation of his conmittee that Council approve the reauest.
Questioned by Council, the
the dredged area provide ation. Ilr. David Keyston,
change from a thirty foot
ity [ngineer advised that he preferred that
lope of fortv feet for future road construc-
attendance, indicated his approval to the
a forty foot slope.
pro-
no
C
s
in
to
!..1r. llerb tt'eaville, Pacific Gas and Electric Conpany representative,
expressed concurrence with the dredging plan and the future recreational
development of the area, with the condition that for safetw neasures,
boats using the lagoon area be Iimited to mast heights not exceedingfifteen feet above the h,ater lerrel and that the City narne the Pacific
Cas and Electric Companv as a co-insured liabilitv carrier.
The latter point raised by ltlr. Weaville rvas referred to the City Attornev
and a motion introduced thereafter by Councilrnan l.lartin that the CounciI
concur with the recornnendations, with the provision that the dredging
operation be processed in conformance with the Citv [ngineerrs standards.
The notion rvas seconded bv Councilnan Crosbv and unanirnouslv carried.
2. SALE OF SURPLUS PROPERTY AUTIiORIZED
A communication was read fron the City llanager, dated June 12, 1963,
recomrnending the sale of a 1926 l,lack Fire Engine, considered surplusproperty in the Burlingame Fire Department.
Councilman Crosby moved that the City l.'lanager be authorized to sellthe 1926 l'lack Engine to the highest bidder, seconded by Councilnan l.,lartin
and unanimouslv carried.
3. AVIATION IIUSEI,I\I ENDORSED
A conmunication from the City lilanager, dated June 13, 1963, referreda communication from the Societ,r, for the Preservation of ConmercialAircraft, dated June 10, 1963, soliciting the Cityrs endorsement of aproposal to establish an aviation nuseum at the Oakland InternationalAirport to preserve the historical rnodels of airplanes.
to
The communication from llr. Eugene I,{. Lassers, Chairman of the Societyr
advised that an endorsernent bv all northern California communities willhelp produce an outstan<ling nuseum for the western section of thetlnited States and does not obligate the conmunity f inanciall-r,.
Councilnan Lorenz moved that the Citv of Burlingane endorse the historicalaviation nuseum, secon<Ied brr Counci lman lilartin incl unanimousl)r carried.
4, BAYSI{ATER AVENUI TO BE IMPROVED
A communication from the City ltlanager, dated June 14, 1963, advised thatthe City Engineer has reported that plans and specifications for the
improvenent of Bayswater Avenue have been forwarded to the State Divisionof Highways for approval and if approved bids for the proposed projectwill be advertised and submitted to Council for action.
In reply to Councilman llartin, the City Engineer advised that the
posed expenditure for the Ba)'swater Avenue improvement shall haveeffect on the Citvfs budget.
The report uas acknowledged
5. JOHN E. LYNCII AUTI{ORIZED
and
TO
pl aced
ACCEPT
on f ile.
DEEDS
A memo to Council from the City ltlanager, dated June 14, 1963, advisedthat llr. John E. Lynch, Condemnation Attorne)r, has reauested the passageof a Resolution Authorizing his Office to accept and to record grant
deeds as received in connection r.'ith the condemnation action on fileh,ith respect to the fornration of the Off-Street Parking District.
RESOLUTION NO. 43-63 I'A Resolution Authorizing One of the Attornevs of
ng District No. 1", was intro-cilnan lUart in, seconded by
dopt ed .
Record to Accept Grant Deeds, Park i
duced for passage on motion of Coun
Counci lman Crosby and unanimously a
27r
6. REPORT ON I.,IONITORING RE tI IRE}{ENTS
A connuni cation from the City }fanager, dated June 14, 1963, reporting
on a modified agreement rvith respect to the Citvrs nonitoring of
waste discharge frorn the Ser,rer Plant, as reouired by the Regional l'iater
Pollution Control Board, was acknor, ledged and placed on file.
7 . COIIPLAINT IIAZARD RE: BI,ILDING }IATERIALS CO.
A conmunication fron the City llarnger, dated June 14, 1963, referred to
a petition bearing the signatures of twenty-6ns residents on
Baysr,rater Avenue, Anita Road and Arundel Road, calling attention to the
hazardous conditions on certain prenises (Builingame Building llaterials
Conpany) at Bayswater Avenue and Anita Road.
The City l.lanager advised that an inspection tean r"ill investigate and
take appropriate legal measures to alleviate the nuisance.
The Citv Planner advised that his Office, the Building Inspector and
the County llealth Inspector's Office visited the prenises in question
and a report on their findings shall be subnitted to Council at thenext regular neet ing .
8. EICIILER CO. PROPOSAL TO CONSTRIICT },IODEL IIOI\IES
A connunication from George A. lrann, City PIanner, dated .Iune 13, 1963,
advised that a request has been received from the Eichler Company for
pernission to construct eight model hornes on lots to he located on
Frontera hray above Sebastian Drive. The lots rvill legallv exist uponthe cornpletion of tlnit No. l of ltlills Estate No. 19 and the hornes
proposed for construction are for display purposes only during the time thatinstallation of public inprovenents is in progress.
The Citv Planner advised that Frontera i'fay lies one-ha1f in llillbrae
and the street is now being constructed bv the adjoining developerl
no public utilities will be available on the Burlingame side an(l h'ater
cannot be supp l ied .
It was reconmended by the Citv Plannerbuilding permits and construction under
Council and to the City Attorney.
that Counci I authorize theconditions satisfactorv to the
The Citv Attorney referred to the final map nor.r in the processing stage
and advised that if it is the desire of the Eichler Conpany toconstruct the nodel homes prior to the subnission of a final map, it
should be done on the basis of a variance application; said applicationto state the intention to construct rnodel hones; to signify that said
hor,res are not for occupancv or for sale; that all claims for citv -serviceare waived and that the City shall be abeolved of all liabilitv in
connection therewith.
The City Engineer advised that due to the current demand for $ater inthe neighboring subdivisions and until adecuate water storage facilitiesare constructed on the future water site, it rvas his recornr:ren dat i onthat no rrrater be provided.
The City Planner concurred that specific conditions should be l\,ritten,
advising that the proposed construction is the Eichler Cornpanvis planto promote sales and to ascertain the tr-pe of residence the public r.rouldprefer to purchase; construction to be in conforrnance rvith citv standards.
l'lr. James Roener, representing the Eichler Company, assured Council thatal1 recorinendations and standards set bv Council sha11 be fulfilLed.
l.'lr. John C. Bauer, 2 Rio Court, representing Improvenent Club associationsin the Nlills Estate, requested a delay in the proposed construction
pending the installation of the water storage facility.
Follor.Iing a series of questions by Councilnan ltlartin with respect topaving, utilities and Iandscaping, answered in turn by l1r. Roemer andthe City Engineer, Councilnan l.lartin advised that prior to approvingthe proposed rnodel hone construction, it r.ras his reconmendation that(I) Frontera l'Jaw be paved; (2) that a "Ioop" to provide strect ingress
and egress to the area be constructed and (3) that the homes be
landscaped prior to the rainy season.
272
llr. Iloener advised that the installation of a water
r+ould occur as expeditiously as possible.
water service in
purposes.
storage faci I ity
Further discussion concluded rr'ith Council concurring that the subjectof a feasible means to supply r.,ater to the area in question be referredto the Chief of the Fire Department and that the building pernits be
considered at the time of the submission of a final nap.
9. I-ITIGATIOT.T- CITY VS. JACK CHAPNAN
A reconrren<lati on fron the Citv Attornev, in a communication dated
June 12, 1963, that his Office be authorized to represent the City inIitigation pending in the Superior Court with respect to action com-
e[ced hv .Tack Chapnan, was concurred in on motion of Councilman l{artin,
seconded b.v Councilnan Crosby and unanimously carried.
IO. PARKING DISTRICT IUEJ\IOS OF ACQUISITION
Further discussion arose on the subject
case of fire emergency and particularly of supp lyingfor s anit arv
A report from the City )tlanager, dated June 14, 1963,status r*'ith respect to properties being acouired in
No. l, was acknowledged.
on
the
the current
Parking District
Referring to a notation that the Parking Comnittee requests that theparking lot across fron City tlall be paved, Councilnan lUartin suggestedthat the Engineers for the project be authorized to prepare improvenent
plans and that expenditures for paving be reinbursed from ParkingDistrict funds. The subject was referred to Councilnan l'lartin, Councilliaison to the Parking District Committee
II. SPECIAL AIR POLLUTION CONTROL DISTRICT IIEETING
.{ notice from John A. Bruning, Clerk of the Board of Supervisors, advisingthat a special meeting of the Bav Area Air Pollution Control District
has been scheduled for Fridavr June 28, 1963, at which time an appoint- -rnenttotheBoardofDirectorstofil1thevacancycreatedbvthe
passing of Councilman L.B. l.lorgan, shall be selected fron anong the
i'layors and Councilnen of the Cities of San trlateo Countv, was
acknosledged and placed on file.
12. E. L. LINCOLN RE: EARNING POI'IER OF YOUTH
A memo to Council from [.L. Lincoln, Recreation Superintendent, dated
June 13, 1963, announcing June as "National Recreation l.'lonth" and
recomrnending that Council issue a statenent comnending those in the
connunity r.,ho hi.re youth part-t ine during the summer, was acknor.rledged
and the City Clerk requested to so publicize the conrmendation.
R I] SO t,I'T I ON S
N one
O RD INANCE S Consideration thereof :
A proposed amendment to Ordinance No. 780 (tlniform Building Code of l96l)
as amended after introduction on .Iune 3, 1963, was read, anending
SECTION 2400.1, Section 204, designating "the Planning Conrnission as an
Appeal Board" and adopted on a motion introduced bv Councilrnan llartin,
seconded by Councilnan Crosby and unaninously carried bv members eligibleto vote on the motion.
ORDINANCE N0. 780 "Adopting By Reference l96l Edition of Uniform
Ru ffI"fiFG'Ae r{it-h Amendments and Farmerrs Bulletin No. 1637 of the
United Stated Department of Agriculturel and tunending Article 55 of the
City of Burlingarne Ordinance Code Ilstablishing Rules, Regulations and
Standards for Buildi.ng ConstTuction and the l.loving of Buildings, and
Providing Penalties for the Violation Thereof" was given its second
reading and upon motion of Councilman Martin, seconded by Councilnan
Crosby, said ordinance No. 780, as anended, rr'as adopted by the folloling
vote:Aves: Councilmen: C rosby-.Iohns on -Ilart in
Noes : Counci lmen: None
Ine ligib 1e to vote: George-Lorenz
ORDINANCE N0. 783'Reclassification Shorelandffiuilto-7iiIfTs, 1963.
Propert ies "tf as con -
total
Crosbv,
273
ORDINANCE NO. 784 "An Ordinance Amending Section 1725.L of the 1941
lnance o the City of Burlingarne by Providing for an Increaseeoin the Rate of Sewer Rental Charges" ruas given its second reading
and upon motion of Councilman l\lartin, seconded by Councilman Crosby
said Ordinance passed its second reading and was adopted b;, the fol
vote:Ayes: Councilmen: Crosbv-Ceorge-Johnson-Lorenz-ltlartin
Noes : Counci lrnen: None
AC K}.iOIf L E t}G}IENTS
The Chair acknorr'ledged receipt of minutes from the Youth Advisory
Commission, Comrnission ninutes and the presence of 1.1r. Robert ltlcDonald,
Chairman, Burlingame Chamber of Cornmerce, who in turn complimented
Council on its selection of lt'lr. Edr+,ard D. George as a nenber of theCity Counci 1.
I]NFINISHEO BUSINESS
I. BEARINT INDUSTRIAL PARK
At the reguest of Councilman }rartin, the City Attorney was asked to
subnit a current report on the status of the Bearing Industrial Park
area.
?. R. JOLY STATE}'ENT-
The City llanager was requested to submit a report on the payments nadeto the City by ltlr. R. Joly, Dump Operator as of recent date.
3. CIVIL DEFEN6E ''FRINGE BEI'JEFITSiI
The cost of "fringe benefits" proposed for the Office of Civil Defense
was teferred for study at the forthcoming budget session, June I9, 1963.
4. DISASTER COUNCIL MEETING
Councilman George was appointed by the Chair to serve as the Cityrs
representative at the next regular neeting of the San llateo CountyDisaster Council, June 27, 1963,
5.'ISISTER CITY'PROGRAII IIEETING
The Chair announced that the first meeting of the "Sister City" program
had been scheduled for June 26, 1963,
NEIV BUSINESS
None
cLArl{s
Clains, Ii.lonth of June, 1963, Nos. 9820 - 9994 in the total. amount of
$132,274.20, duly audited, rvere authorized paid from the City Treasury
on notion of Councilnan Crosby, seconded by Councilman l'lartin and
unanirnous Iy carried.
PAYROL I,
,
Ior.:ing
Payroll warrants, ltonth of llay, 1963, Nos. 2220 - 2688 in the
amount of $104r003.71, were approved on motion of Councilrnan
seconded by Councilman Martin and unanimouslv carried.
ADJOURNi'IENT
The neeting rvas regularly adjourned at l0:50 p.m. in respect to theof l'!r. Charles Blood, Gradfather of Councilnan l'lartin and a visitorCity and to the Council last year, rvho recently passed in death.
Respgctfully subDi!ted,APPRovED: -/,2-t*t-//12, y'-zz--flerbeit K.- lfhitir, Citv Clerk
}IAYOR
nenorv
to the