HomeMy WebLinkAboutMin - CC - 1963.07.01276.
CAIJL TO ORDER
A regular meeting of
given date. Itleeting
the Chair.
the Burlingame City Council was held on the above
called to order at 8:00 p.m., - Mayor ilohnson in
At \.rord f ron the Chair, all
the Pledge of Allegiance to
in the Council Chadber arose
the F1ag.
and gave
Present -
Absent
Councilmen:
Councilmen:
Geo rge-Jottn son-Lorenz -I'lartin
Crosby
CounciLnan crosby, absent from the City and on vacation, was excused
upon motion of Councilman Martin and second.ed by Councilman ceorge.
ftre minutes of the previous meeting of ilune 17, 1963. were unanirnously
approved and adopted with a correction that the name "Adele" be inserted
for the name "Gail" (councilman ceorge's daughter.),
The paragraph pertaining to the position of the city council on the
city-County Civil Defense and Disaster Council Agreement, was rephrased
to record that the city Attorney vras requested to review the Agreement
to ascertaj.n whether there would be a duplicati.on of expenditures
bethreen the County Civil Defense operation and that of the City of
Burlingame and the minutes of the Special lleeting of June 22, L963,
tere approved thereafter.
The City Irlanager iras requested to submit a copy of the minutes of the
adjourned meeting of June 23, L963, for approval at the next regular
meeting.
EEARTNGS
1
(Bel-Mateo Enterprises-Burl ingame Cab Company)
Mayor ilohnson announced that this was the time and place scheduled to
continue a public hearing on an application filed by the Bel-ltateo
Enterprises, Inc., for a Certificate of Public Convenience and
Necessity to operate taxicabs in the city of Burlingame and fruther,
to conduct a public hearing on a similar application filed by the
Burlingame Cab company.
fhe Attorneys for the reEpective companies, having indicated no
objection to the hearings conducted on a simultaneous basis, the
following documents and conununications were read into the record:
1. Application Certificate of Public Convenience and Necessity for
Taxicab Permit, sutrnitted and filed ilune 17, 1963, by co-partners
proposing to do business under the firm style and name of " BurI ingTame
Cab company, "
2. Communication from the City l.lanager, dated June 2A, L963, reporting
on the Bel-I'lateo Enterprises application for twenty vehicle permits
and the Burlingame Cab Company application for ten vehicle permits;
TAXICAB APPLICATIONS
Burlingame, California
JuJ.y 1, 1963
PLEDGE OF ALLEGIANCE
ROLL CAJ.I,
MINUTES
5. Application Certificate
Taxicab Permits, filecl by
alune 6, 1963.
277
Public Convenience and Necessity for
Bel-ljlateo Enterprises, Inc., under date of
3. An Agreement betlreen the Yellow Cab Company and John Ward, Avadis
Portoian, Robert Portoian and Fred Alpen (the latter nor^r proposing to
do business under the name of " Burl ingame Cab Companyt "
4. A conmunication from Fred V. Azevedo and Evelyn J. Lorton, DBA
Yellow cab Company, dated June 24, 1963; and
of
the
Mr. Eugh Connolly, Attorney, representing the Bel-Uateo Enterprises, Inc.,
stated that if the certificate as requested is approved, his clients
shall continue, as vre1l as irnprove, the current service; the applicants
sha1l maintain, the existing telephone nurnbers, the free telephone service
from taxi stands, a waiting room on a t$renty-four hour basis, shall
install tlro-way radios in all cabs and shall make a capital investnent
by purchasing eguipment in the City of Burlingame.
Mr. Connolly observed that his clients are experienced in taxicab
management, while the opposing company's experience is ljmited sole1y
to eab operation; the opponents would experience considerable delay in
obtaining a listed telephone number and in the installation of two-way
radios. On the subject of the latter, !1r. Connolly advised that the
Chi.ef of Police has indicated that it sha1l take four men to station a
twenty-four hour two-way radio service.
A point was emphasized by Mr. Connolly that in the event of a police
emergency, one person assigned to supervi.se the taxicabs can be con-
tacted easily by the Chief of Police. The Chief of Police's comments
with respect to the subj ect hrere briefly reviewed by t!r. Conno11y.
Ir{r. Connolly, concluding his presentation, sununarized the position of
his clients, the Ye1low Ca.b Company, the Checker Cab Company and the
Bel-ltateo Enterprises, Inc., and commented on the reputation emjoyed
by each and the effect a reverse decision may have on the citizens of
the City of Burlingame.
![r. llerschel Canpbell, Attorney for the Bel-Mateo Enterprises, Inc.,
gave a brief resume on the character and experience of his clients and
the successful operation of their taxicab business in the City of San
llateo; that if the conpany is pemitted to locate in Burl ingane, the
taxicabs will be operated and maintained in this City; that the proposed
method of radio dispatching shall provide a rapid service to the public
as well. as to the local authorities, if needed.
Referring to an alleged inference that the applicants vrere attempting
to create a monopoly with respect to the taxicab operation, It{r. Campbell
advised to the contrary, stating that his clients brere interested
primarily in providing a modern, efficient and satisfactory service
to the City of Burlingame.
Proponents on the application for the Bel-Irlateo Enterprises, Inc.,
were invited to speak first.
Ihe attention of the Council was drawn to the agreement betvreen the
o\^rners of the Yellow Cab Company and the now opposing applicants,
wherein each voluntarily and mutually agreed to specific conditions;
that each hrere approached and did consent thereafter to sell their
respective cab and to conE[ence emplo]rment with the Be1-Uateo Enterprisest
that upon notification to terminate the service (in accordance with
terms of agreement) the cabs were permitted to remain on the street,
with the prospective new corporation (Bel-uateo) secure in the knowledge
that the parties to the proposed transition were in complete agreement.
278
There being no further comnents either from proponents or opponents,
corununications in protest thereof were acknowledged and read from
the following: Keith's Chicken and Steak Eouse, 1OOI California Drive,
Bridges Tire and Wheel Co., 1099 California Drive, Avenue Pharmacy,
1201 Burlingame Avenue, Burlingame Smoke Shop, 299 California Drive,
K & K Speedometer Serviee, 1045 Carmelita Avenue, Ihomas lrlilson, She11
Service, 1490 Burlingame Avenue, Noel L. Mi11er Automotive Service.
128 Calj-fornia Drive, Schlegel's Restaurant and llrs. Linda Stephenson.
Ihe Chair
under the
invited proponents for the petitions
name of the "Burlingame Cab Company "
proposing to do business
to conunent.
Mr. Hugh Mullin, Attorney, representi.ng the Burlingame Cab Company,
announced the withdrawal of applicant Robert Portoian, 2217 fhurm,
Belmont, and stated that the three rernaining applicants would con-
stitute the proposed cab company.
Itlr. ltulLin referred to the written agreement between his clients and
the Yellow Cab Company, that the latter in effect, did not operate more
than the one cabi that it has been proven that his clients have operated
successfully; that in exercising their right to "free enterprise" it
is not the concern of the opposition to question their executive ability;
that his clients have no objection to competition with a rival company i
that the cabs purchased are considered their personal property and on
that basis, an application for permission to continue their transporta-
tion service, has been filed.
With respect to !lr. Robert E. Jenning's offer of employment and the
purchase of their taxicabs and their subsequent approval, lur. titull in
advised that at the time of said offer, his clients vrere not aware of
the privilege of applying independantly for a Certificate to continue
their taxicab service.
Mr. Mullin referred to a cofltrnunication received from the General
Electric Company, in response to a request from one of his clients,
quoting a lease-conditional sales price for a radio conununication
system, designed to cover a proposed service area, in addition to an
area that may expand in the future. Ihe conrnunication was placed on
file with the City c1erk.
In concluding his presentation, Itlr. llullin advised that the average
monthly maintenance to operate a taxicab approximates 9175.OO to $200.00;the cabs will be Burlingame owned, Burlingame maintained and that the
application submitted therefor requests a certificate to permit the
operation of a total of five taxicabs. A Financial Statenent on
each of the three applicants was filed with the City Clerk.
lltrere being no further proponents or opponents and no comrnunications
with respect to the application of the " Burlingame cab company " a
period of rebuttal by the tlro attorneys ensued.
From a series of questions posed by l,layor Johnson to the attorneys
for the two applicants, council was advised by l,tr. Connolly that with
the large investment proposed, it would not be feasible, economically, to
operate within the City of Burlingame if his clients were faced with
competition; that radios would be installed in all the vehicles -(currently in Checker cabs, none in Yellow Cabs;) and that taxicab
stands, with telephone service, would be maintained in lilorth
Burlingame at the Broadway Depot and at the Burlingame Plaza (proposed).
!lr. llullin advised that the ceneraL Electric company (conununication
dated JuIy 1, 1963) has advised that an authorized service station in
this area is in a position to install a radio corununication system
dtren contacted.
27tJ^
In reply to the Ctrair, the City Attorney advised of Ordinance procedure
with respect to the issuance of certificates, the limitation of the
nuniber of permits, the sale or replacement of taxicabs and the rate
of fares deteranined by Council .
Mrs. Evelyn Lorton, co-o$rner of Yel1ow Cab company, replied to the
inquiries of Councilman George, advising that a v/ritten notice to
terminate the business was given to the opposing applicants; however,
in view of the bus strike, the cabs were pe!.rnitted to continuei if the
new company is not granted a certificate and the previous parties
terminate the present agreement, the Yellow Cab Company wilL continue
to operate.
In reply to !lrs. Lorton's inquiry concerning the position of the Yellow
Cab Company, the City Attorney advised that if the "Burlingame Cab
Company" were granted per:nits, the Yellow cab company, in order to
continue its operation, will be required to replace its cabs within
a period of forty-five days, as set forth in tfie Ordinance requirements.
Also in reply to Councilman George, Mr. lttullin advised that the three
remaining applicants (Burlingane Cab Company) anticipate the formation
of a partnership and to naintain the four cabs currently in their
possession.
A reference to the minutes of June 17, made by Councilman George, wherein
it was recorded that "Mr. Connolly indicated no objection to permits
being granted to the four gentlemen, provided his clients are granted
a certificate to operate twenty vehicles, " ilr. Connolly advised to the
contrary, alleging that a misunderstanding occurred with respect to
hi. s statements.
At the request of Councilman l{artin, the City Attorney read fron sections
of the Ordinance Code and advised that the application of the Bel-Mateo
Enterprises, Inc., includes a liability insurance policy far in excess
of code requirements.
Councilman Marti.n, in corunenting on tlre non-transferability of permits,
raised a point with respect to the legality of the Yel1ow Cab Company
to enter into an agreement as previously described. lfhe City Attorney
advised as to his uncertainty on this point and confirmed that "no
one has the right to seIl his petmits."
Councilman Uartin's question with respect to "t hat the Bel-Mateo Company
is buying" uras ansqrered by Ur. Connolly, who stated that his clients
are purdrasing "good will and a business that has been established,
provided a certificate is issued to operate the business."
Ihe subject was continued,
each indicating the desire
to operate within the city
with !1r. Ilerschel Campbel l
of their clients to obtain
of Burlingame.
and Mr. Connolly
exclusive permits
RECESS
A recess was declared by the Chair at 1O:45 p.m.
CAI-,L TO ORDER
The meeting was called to order at 1I:OO p.m., and the public hearing
continued.
Councilman Martin, stating his position on the subject, advised that he
would favor the issuance of fourteen permits to the Bel-Mateo Enterprises,
Inc., and the issuance of four to the Burlingame Cab Company and
thereafter requested the views of both Council and the two applicants.
!1r. !1u11in, speaking in behalf of his clients, stated he had no objectionto competition and would accept a certificate for four permits to
operate the cabs, complete with two-way radios; that a partnership
composed of the three applicants would be formed to be officially
known and doing business as the "Burlingane Cab Company.,,
Mr. Connolly, subsequent
announced the withdrawal
Enterprises, Inc.
a brief conference with his clients,
the application filed by ttre Bel-It{ateo
for the next regular meeting of
to
of
A motion was introduced by Councilman l.lartin that a Certificate of
Public Convenience and Necessity providing for the issuance of four
permits be granted to Avedis Portoian, F. w. Alpen and John ward
(Burlingame Cab Company ) effective upon the date a satisfactory policy
of liability insurance is filed with the City C1erk and with a
condition that radio equipment be installed within a period of one
hundred and tvrenty days- 1rtre motion was seconded by Councilman
George and unanimously carried.
Councilman Martin recommended, with Council eoncurring, that a public
hearing be scheduled to determine whether certificates for permits
issued to the Yellow Cab Company and the Checker Cab Company some
years prior, should be cancelled, suspended or revoked.
A hearing was
Council , aIuly
scheduled thereafter
15, 1963.
Ur. Connolly confintred the withdrawal of the application for a
Certificate by his clients and the Chair, ia behalf of Council,
ordered the request of the withdrawal of the application of Bel-I'lateo
Enterprises, Inc., granted.
2. BURLINGAI,TE SHORE I,AND COUPAIiIY VARIANCES
A public hearing on the variance request of the Burlingame Shore
Land Company was continued to JuIy 15, 1963.
COT.INC ILMAN LORENZ EXCUSED
Councilrnan Lorenz was excused by the Chair at 11:10 p.m.
COMI{I'N ICAT IONS
1. BURLINGAITIE HILLS SEWER RATE CHANGE
A corrnunication from the City Manager dated ilune 2A, 1963, advising
of an amended agreement for sewer service rates for Burlingarne IIilIs
was acknowledged.
RESOLUTION NO. 44-63 "Authorizin g E:<ecution of Supplemental Agreetnent
for Increase of Sewer Service Charges within the Burlingame Hi1ls Sewer
Maintenance District" was introduced for passage on motion of Councilman
Martin. seconded b,}r council:nan George and unanimously adopted upon
RoII Ca1l of members present.
2. PARKING LIMITATIONS BETWEEN II{URCHISON-TROUSDALE
A conununication from the city Manager, dated June 2A, L963, advised
that the owners and tenants abutting the west side of California Drive,
between lr{urchi son and Trousdale Drives have petitioned for a parking
restriction and the Police Departrent upon an investigation, has
recotnmended a one-hour parking regulation on that block.
Council concurring with the recomnendation of Councilman Martin that
a t\"/o-hour parking regulation be created for the area in question,
the city Attorney was thereafter requested to PrePare Legislation
for Council action at the next regular meeting. JuIy 15, 1963.
3. INSPECTION 925 BAYSWATER AVENUE
Council acknowledged
on the inspection of
a report f rom the city lrtanager, dated iFune
925 Baysarater Avenue (Burlingame Materials
2A, L963,
co. )
280
281
advising that the owner has indicated that specific conditions to
irnprove the property shall be conunenced and completed within a period
of two moths.
The city llanager was requested
subject property and to submit
proposed for the property -
to continue his observation of the
to Council a copy of the improvements
4. RESrrBDrvrsroN r,oTs 5-6, E! Qll4l{rrq 4CBEE 2
A communication from the city Planner, dated June 26, L963, advised
that subsequent to a public hearing and discussion, the Planning
Corunission voted to recorunend that the request of ur. ilohn Peyton to
subdivide his property, Lots 5 and 6, El Quanito Acres into four lots
be denied. A description of the property, the nudber of considerations
as required by code, includi:tg "general character of the neighborhood,
fitness of plan to surrounding properties, accessibility by safety
services, traffic needs" vrere set forth in the conununication.
Corununications vrere also acknowledged from Louis A. Arata, Engineer
for the proposed resubdivision, dated June 28, 1963, appealing the
decision of the Planning Conunission and from Fir-Lean Company, dated
June 26, 1963, requesting an easenrent exchange for roadway ingress
and egress across a portion of Lot 5, El Quanito Acres No. 2.
fhe subject of the easement hras referred to the Planning Corunission
for recomnendation to Council and a public hearing on the proposed
resubdivision set for Council hearing, August 5, 1963.
5. REPORT ON BERII,I CONSTRUCTION ETC.
A meno from the City tlanager, dated June 28, 1963, attaching a copy
of the Regional Water Pollution Control Board's action with respect
to the dumping operations of the City and the filing of a comp].aint
against the City with the Office of the Distri.ct Attorney, was
adcnowledged and authorization requested by the City Uanager to continue
the construction of a road encircling the dunp in an effort to devrater
the area, was approved by Council . Ihe report was placed on file.
6 . PI'BI",IC TRANSPORTATION REQUEST
A conununication was read from Ur. Silvest N. Scherer, 2704 llillside
Drive, suggesting that the City investigate means whereby a loca1 bus
serviee may be placed into service.
fhe City Planner offered
interested in providing
some publicity be given
suggestion that a private industrial may be
internal system and it $ras recommended that
the subject.
acquisition of property
the City lrlanager, in a
a
an
to
7. CATIFORNIA DEVEIOPI{ENT PLAN
fhe Chair acknowledged receipt of a brochure entitled "California state
Development PLan. "
8. POLICE DEPARTII'IENT COMI4ENDED
A communication was acknowledged from lrlr. and Itlrs. R. C. Theuer,
625 Burlingame Avenue, expressing appreciation and thanks to medbers
of the Burlingame Police Department for their assistance following a
motor car accident.
A report on the progress being made torrard the
in the Parking District progrErm, was read from
memo dated June 28, 1963.
9. REPORT ON PARKING DISTRICT PROGRESS
RESOIUTION NO- 45-63 "A Re solution Authorizing settlement of parcels
IN and 2N, District No. I,, (Uabet Guthrie, 159 Highland Avenue) wasintroduced for passage on motion of counciLman t{artin, seconded bycouncilman George and unanimously carried upon rorl carl of mernberspresent.
RESOLUTION NO. 46-63 "Authoriz ing and Directing Sale of SurplusPersonal Property" (1926 !{ack pumper truck) was introduced forpassage on motion of councilman l{artin, seconded by councilman Georgeand unanimously adopted upon roll call of merubers present.
RESOLLEION NO. 47-63 "Authorizin g Acceptance of crant Easement From\,an and Co., a lj-nited Partnership, liitten Inveatrent, a generalpartnership, David R. peery, a single man, dated .Iune 29, 1963, "was introduced by Councilman ceorge and unanimously adopted by roIIcall of mernbers present.
ORDINAIICES - Consideration thereof:
ORDINA}ICE NO. 78O 'Ad opting By Reference 1961 Edition of UniformBuilding Code with Amendments and Farmer's Bulletin No. 1638 of the
United States Department of Agriculture, and Amending Article 55of the City of Burlingame Ordinance Code establishing Rules,
Regulations and Standards for Building Construction and the lrtoving
of Buildings and Providing Penalties for the Violation fhereof,, wasgiven its second reading and upon motion of Councilman Uartin, seconded
by Councilman George, said ordinance passed its second reading and
was adopted by the following vote:
Ayes: councilmen:
Noess Councilmen:
Absent Councilmen:
George, ltartin , alohnson.
None
Crosby, Lorenz.
Reference r,*as made by the Chair to Legislative Bills S.M. 344 (Gas
Tax Program) and A. B. 1873 (Tideland Prograrn) and correspondence
urging endorsement by Council .
Councilman ceorge moved that Council endorse "S. B. 344" and to
notify the Governor, seconded by Councilman Johnson and carried,
Councilman Martin voting "no. "
so
with
Councilman George moved that a communication be fon arded to Governor
Brown. urging the approval of A. B. 1873, adding sections authorizing
cities and counties to drain and to irnprove private lands, seconded
by Councilman ilohnson and carried, with Councilman Martin voting "no."
T,AIFINISHED BUSINESS
1. T'NIFIED DISASTER-CIVIL DEFENSE AREA PROGRAM
Councilman George reported in some detail on his attendance at two
recent meetj.ngs with respect to the proposed City-County Civil Defense
and Disaster organization and his conclusion that it may be to the
advantage of the city to participate, with no financial obligation
to be assumed by the City during the first year.
1J,8.2
RESOLUTIONS
NEW BUSINESS
BILLS BEFORE ],EG ISLATURE
283
Councilman George spoke on the creation of a budget committee within
the organization, the designation of the Chairman of the Board of
Supervisors as Chair:rnan of said conmittee and the County's pledge to
contribute funds up to $50,000.OO, with details on fund contributions
by cities to be determined at a later date.
Following further discussion, the City C1erk was requested by the Chair
to place the subject of the City's participation in the San !{ateo County
Civil Defense and Disaster organization on Council agenda, August 5, 1963.
ACKNOWLEDGMINTS
The Chair acknowledged receipt of Minutes from the Planning Conunission,
the Library Board and the Health, safety & Traffic Conunission and
comrnented on the success of the recent Hard Court Tennis Tournament.
ANNOT'NCE}IENTS
Councilman George consented to serve as the Council's liaison to the
Planning Corunission, until such time as Councilman Lorenz is in a
position to attend.
1rtre Chair announced that she would represent the Council at appropriate
functions of the Burlingame Chamber of Comnerce.
Councilman Martin advised that Council , as well as appropriate departments
would be consulted soon with respect to improvements to be placed on lots
within the Parking District and to resolve sudr questi.ons as: (1) Proper
parking angle and (2) metering or non-metering of 1ots.
Councilman llartin's inquiry concerning a variance granted to Ur. George
Stamatis, for permission to construct an apartment on Eillside Drive
and El Camino Real with parking and rear yard setbacks in conflict with
the current ordinance requirements, was replied to by the City Planner
who explained the hardships experienced bV the applicant.
Councilman Iqartin moved that Council , by its own motion, appeal the
decision of the Planning Cormnission and that the subject be heard before
the Council at the next regular meeting, iluly 15, 1963. The motion
was seconded by Councilman George and unanimously carried.
The meeting was regularly adjourned at 12:15 a.m
Respectfully submitted,
APPROVED:HERBERT K. WHITE, CIIY CLERK
MAYOR
OFF-STREET PARKING DISTRICT II.{PROVEI-IENPS
VARIANCE - HILLSIDE AND EL CAI{INO REAL (Starnatis property)
ADJOURNI4ENT
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