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HomeMy WebLinkAboutMin - CC - 1961.04.03248 Burlingane, April 3, Cali fornia 1961 CALL TO ORDEI1 A regular neeting ofgiven date. I{eeting in the chair. the Burlingame City council was held on the abvel ca1led to ord.er at B : 00 p.m. , - I{ayor l,lorgan PLEDGE OE ALLEG IANCE At vrord from the chair, Pledge of Allegiance to in the Council chadber arose Flag. alI the and gave the Present Absent - Councilmen: - Councilmen: Byrd-Johns on-Loren z-Mo rgan None }IEARINGS 1. VARIANCE P€SI'BD IVIS IOI'] LOT 24 KETO1AR TERRACE Uayor Uorgan announced that this was the time and the place scheduledto cooduct a public hearing on an appeal from the decision of the Planning Comnission granting a variance to Dr. Irarren K. Wilner, Jr.,for the resubdivision of Lot 24. Kenmar Terace, into tvro lots. Reference was made to the application sutxnitted by Dr. VJilner, dated February 13. 1961. a petition, bearing the signatures of twentyresidents of Kenmar Terrace, dated February 25, 1961, :.expressing no objection to the granting of a variance for the purpose stipulated in the application. and to the appeal submitted by CyrusJ. l4cui1lan, on behal-f of his clients, Harry Hahn, owner of Lot 9 and J. G. Shea, orrner of Lot 8, Kenmar Terrace, recej.ved by the City C1erk, under date of Uarch 17, 1961. Joseph Galligan, Attorney, representing Dr. Warren K. Wilner, alr..the applicant, r.ras recognized by the Chair and invited to render hispresentation. Ur. Galligan referred the council to a prepared map indicating the proposed division of Lot 24 to establish tvo parcels, Lot 24A and Lo|. 248. I{r. calligan advised that the City Attorney has beenpresented with a document deeding a twenty foot easement to theCity of Burlingame to provide ingress and egress over portions ofIrtt 24A to Lot 24B. fhe Council sras further advised that in conpli- ance with a request from the Planning Commission, a "turn-around"area has been re-engineered to provide an appropriate driveqray area and of sufficient adequacy to permit fire department equipment ingress and egress. In referring to the petition on file from residents approving there-subdivision. Mr. Galligan advised that Mr. Earry Hahn, one ofthe appellants has expressed no object, provided the applicant purchased a fifteen foot portion of the adj acent Iot 8, owned by!lr. c. .7. Shea; however, because the proposed parcels are equal toor larger than the lots in the district, the applicant was not responsive to the proposal. councj.lman Byrd, speaking on the extension of the ex istent cul-de-sac, questioned vrhether it would be incumbent upon the City to maintain the twenty foot easement upon its dedication to the City. ROLI CALL I'III{UTES PP,EVIOUS ]'IEETII.IG lhe minutes of March 20, L96L, corrected to read that Donnelly Avenue be converted into a two-way street with parking on the "south" sideonIy, were thereafter unanimously approved and adopted on notion of Councilman Johnson and. seconded by councilman Iorenz. 24s fhe City Attorney advised that the City wiJ.l have a J-egal interest because the circumstance has "demanded the city to be a grantee" and if. at a future date, the easement may be extinguished by a property merger, the City shall retaj.n its interest as an "and o\,rner. " Ttre city Attorney, in reply to Councilman Byrd's inquiry. advised that the city shall "have the interest but shalI escape theobligation to maintain. " In reply to councilman Brrd's further inquiry lrhether it may be st5-pulated "how the street shall be maintained" Mr. Galligan stated that the owners of Iots 24A and 24B would have no objection to including a clause in the document of agreement. The Chair thereafter recognized Cyrus J. Mcuillan, Attorney, representing the appellants, James G. Shea and .f. H. Hahn. olt ners of Lots I and 9 respectively, who expressed the objection of hj.s clients. Mr. Mcl'Iillan stated that the proposed T-ot 24A has no frontage whatsoever to a public street and Ipt 24B, indicated on the map as a I4,8OO square foot lot, is in reali.ty, inadequate, due to the steeP terrain. for building purposes. U!. Ucl'li Ilan further advised that because of a se\"rer location, a home on Lot 248 woul-d necessate an elevated t)rpe construction and thereby would detract from the appearance of ndighboring dwellings. It was reconunended by the appellants that the l-ot remain as an individual parcel. In reply to an inquiry by councilman l,orenz, l'4r. llcui11an advised that there is a building site on lat 248; however, the site is considerably smaller than those on adj acent Ipts B and 9 and on the remainder of Lat. 24 and in the opinion of the appellants, a smaller home constructed on the parcel would not conform to those presently constructed. Some discussion arose on the statement a11eged1y made by one of the appellants concerning the applicant acquiring a fifteen foot portion of adjacent property with !1r. lt{cMillan advising that the suggestion was advanced by !lr. Hahn and concurred in by Mr. Shea vrith the thought that the fifteen foot portion could be conbined with Lot 248 Xo permit more buil-ding space and therefor provi-c1e for a more attractive dwelling. In repl-y to the Chair! s inquiry, Mn. Galligan advised that his client is not interested in acquiring the additional parcel. Following a brief question and concluded by the Chair. anslrer period. the hearing was declared Councilman Larerrz moved that the appeal of the appellants be denied, seconded by Councilman Johnson and unanimously adopted on ro11 call. Ehe city Attorney advised that a formal grant of easement has bgrn prepared for Council actj.on i however, it will be necessary to revise the document if Council destresjto include a stipulation that thegrantor sha11 be liabIe for the maintenance of the easement. Ihe City Attorney was requested tothe stipulation as outl-ined. re-prepare the document incorporatingt @ARnIGs (continued) 2. PUR,CIIASES BY SALES TEX OR BONDED INDEBTEDNESS I{ayor }Iorgan announced that. this was the time and the pJ-ace scheduled at the last regular meeting of Council to conduct a public hearing onthe issue whether to purchase facilities and equipment. for the police and fire departments from revenue to be derived from the sales tax or by incurring a bonded indebtness as approved by the voters at the AprilL2, 196A ceneral l{unicipal Election. Ihe Chair invited those interested in purchasing the facilities and equipment by means of the sales tax revenue, to speak first. Ur. vlilliam Beckett, 827 EI Camino Real, stated that in his opinion. thefacilities should be paid for from sales tax revenue rvhen the money isavailable. His statements vrere concurred in, in general, by Mrs. .fohn Fisch, I01l- Capuchino Avenue and by !1r. Herman Hanson, 1429 Drake Avenue. 250 Mr. A. c. $Iestcott, 843 i{alnut Avenue, speaking in more detail, voiced his approval to purchase by sales tax revenue, stating that the City of Burlingame should expend every means to retain a low tax rate and attract additional d.ndustry. Mr. irames De Martini, 272O Arguello Drive, stated that there was a questj.on in his mind whether the taxpayer "vrould come out better tax-wise by bonded indebtedness or by using the sales tax revenue " and whether "it may be necessary in the future to float a bond issue j.f the sales tax revenue is expended. " Etrere being no further conunents from the audience i.n favor of the purchase by sales tax revenue, the chair j-nvited those opposed to comment in favor of purchasing by bonded indebtedness. Mrs. clarence Rusch, 1384 Hillside Circle, stated that the City of Burlingame has been compelled to curtail its spending because of thelach of finances, with the result that projects have been delayed or abandoned. It was the recornmendation of Mrs. Rusch that the revenue derived from the sales tax be expended to acquire adequate facilitiesfor the Department of Public Works, the Recreation Department and to improve the sidewalks of the City, to name a few. Charles A- l.Ii1son, 15 Stanley Road, also spoke on applying the salestax revenue on immediate projects and equipment. fhere being no further comments from those in attendance, the Mayor, expressing his regret that so few of the citizens of the City werepresent on this occasion, declared the hearing concluded and announcedthat an adjourned meeting would be scheduled at which time the Councilwould render i-ts decision. Councilman Byrd set forth his reasons in support of retaining the salestax revenue for purposes other than for the purchase of fire and policefacilities and equipment and observing that rrith the approval of the bond issues by the electorate and the incudbent bonded indebtednessit will be necessary to submit another bond issue to the electorateat a future date. Councilman Lorenz stated that he concurred with the statements of Councilman Byrd, particularly when applj.ed to the Fire Bond sales. Saturday, April 8, 1961, 10 orclock, a.m.,for an adjourned meeting of the Council. r.ras scheduled thereafter COMI'IUNICATIONS REPORT ON POLICE SITE ACQUTSTTION Reference was made to a cornmunication from the City I{anager, dated March 30, 1961, advising that the Kaiser Company has granted anextension of its offer of sale until- Apri119, 1961, and reportingon an investigation made of other possibl-e police sites within theCity. Action was withheld until the adjourned meeting, Saturday,April 8. A communication from the City lrlanager, dated llarch 31, 1961, advisedthat at a recent meeting of the Board of Directors of the Chamberof Conunerce, the members voted that a request be suhnitted to theState Division of Highways for action in the redesigning and re-building of the Broadway Overpass. lhe City It{anager futher advisedthat a resolution has been prepared for Cojncil action for trans-mittal to the State Division of Highvrays. Reference was made to a communication from the Chardber of Colunerce, dated Uarch 24, 196L, a copy of a letter from the Chamber of Comrneraceto the State,-Division of Highways, dated llarch 24, L96L and letters from the following business establishments in the City of Burlingamein connection with the request that the Broad\day Overpass be rebuilt: 1. 2. RECONSTRUC?ION BROADVTAY OVERPASS 251 Ciba Pharmaceutical Products, Inc., Coca-Cola Bottlinq Co., Aluminum Plumbing Fixture corp., catherine Cl-ark's Brownberry ovens, fnc., American ltlotor Sa]-es Corporation, Atd, Inc., Bekins Van & Storage Co., Adolph Blaich and the Club Catering Company, Inc. RESOLUTION NO. 16-61 "Requesting and Urging State of california, Department of Public l"Iorks, Division of Highways to Redesign and Rebuild Broad\"ray-Burlingame overpass" was introduced by councilman Byrd, rvho moved its passage, seconded by CounciJ-man Johnson and unanimously carried on roll- ca11. 3. PROPOSED PARKIAIG METER PROGRAIII A recommendat.ion from the City l"lanager, in a letter dated llarch 30, 1961, recommending th t a parking meter replacement program be authorized, was held for Council study and action at the next regular meeting, April 17, 1961. 4. RESOLUAION ADCEPTI}IG DEED OF DEDICATION OLD BAYSHORE HIGI]I^IAY I{ills creek north) A corrnunication from the City lrlErnager, dated Harch 31, 1961, advised that a Deed of Dedication has been presented to tfie City for thatportion of the Old Bayshore Highway ParalleJ-ing the northeasterly sideof East Mil1sdale fndustrial Park Units Nos. 1 and 2, not heretoforeclosed, and a resolution prepared by Attorney Ernest Wilson, is avail-able for council action. RESOLUIP:ION NO. 17-6I "A Resolution Acce pting Deed of Dedication Old ed for passage onNaushore Hj.ghway "Uills Creek north) was introduc motion of Councilman Byrd, seconded by Councilman Lorenz and uaani-oously adopted on ro11 call. 5. CLAII'I .fANE KRONENBERG REFERRED TO CAR,RIER A reconunendation from the City l'{anager, under date of Irlarch 31, 1961,that the claim filed by Mrs. Jane Kronenbaerg in the amount of $25,000for alleged injuries, be rejected and referred to the City's insurancecarrier was concurred in by council. Resolution,street, was proposing the conversion of Donnelly Avenue into a two-rrayheld for additional study. ORD INANCES Consideration of: ORDITiIAI.ICE NO. 736 "An Ordinance Amending Division 3 of PartVI of Ordinance Code of the City of BurLingane and Providing for the ReguJ.ation and the fssuance of Permits for the Digging, Drilling,or Driving of I{eII Construction Within the City of Burlingame andProviding a Penalty for Violation Ihereof" was given its secondreading and on a motion introduced by Councilman Byrd, seconded by Councilman ifohnson, said ordj.nance passed ;its second reading and was adopted by the following vote: Ayes: CounciLmen: Byrd-Johnson-Lorenz-IrlorganNoes: Councilmen: NoneAbsent Councilmen: None ORD INANCES - Introduction thereof: L oRDTNANCE No. 737 "An ordinance Amendin g Section 1999-1, Article 51,Part X, of the Ordinance Code of the City of Burlingame Providing forthe Establishment of Fire Zones Within the City by lli,thdrawing a Port.ion of Lot 6 and Icts 7, 8, and 9, Block 13, Supplementary Map to Map No. I of the Town of Burlingame From fire zone IfI andIncluding Said Lots in Fire Zone II" was introduced for first readingby Councilman Byrd. the Boring RESOLUTIONS DONNELLY AVENI'E CO}IVERS ION 252 NEI-' BUSTNESS Referehce l,ras made by the Chair to statist,ics relating to the Cityof Burlingame presented by the Planning Consultant as the result ofthe 1960 United States Censu and its interesting facts acknowledged. 2 . AS IATIC ANfIVAL IIT1PORTS , INC . IABORATORY I4ayor Molgan referred to communicatj.ons received relative to a permit granted to locate a research and scientific investigations shall be housed. In reply to Council inquiry, concerning the practice of vivisection,Dr. Greer. associate of the Asiatic Animal lEports, Inc., advisedthat the laboratory vri}l be used exclusively for scientific research and the animals shall be retained in a healthful condition. 3. REAPPOINTI{E}IT IIILLIAM ROESE: MOSQUITO ABATEI\.IENT DISTRICT A communication from the San Uateo County Mosquito Abatement District, dated l{arch 22, L961, advised that the term of office of !4r. wi.lliam Roese as a representative of the City of Burlingame to the Board of Trustees of this District, has expired. Mayor }lorgan announced the reappointment of t4r. Wllliam Roese and the unanimously confirmation by the members of the Council . 4. ADMfNISTRATIVE ASS ISTANCE OFFERED Reference was made by the Chair to a conrnunication from Robert O. Bailey,Administrative consultant, Chico, California. dated l{arch 19, 1961, offering to assist the City of Burlingane in its administrativeproblems. The subject was referred to the City Manager, with a -''l request that copies of the abovementioned communication be prepared tfor council distribution. I Mayor l4organ advised that. a study conducted by the North San Irlateo County Council of Cities Conmittee on wage Stabilization-Fringe Benefits, under the Chairmanship of Councilman Charlotte Johnson, has been completed and a ten-page "Report on Standardized Duties, wages. and Fringe Benefits for the Seven Cities of Northern San Ii,lateo County" is available for review. councilman ifohnson a8nounced that the next meeting of the North Council Council of Cities CoNnittee will be held in the South San Francisco City Ha11 6n Thursday, April 13, L961, at which time members of the council and the city &lanager vrere urged to attend. UNF INISHED BUSII{ESS A communication from the City Manager, dated April 3, 196I, reported on recent meeting held with the State Traffic Engineer concerning safety improvements to intersections at Bayswater Avenue=Primrose Road, Cypress Avenue, Carol Avenue-E1 Cami no Real, wherein the proposition was again made by the State that the conflict would be alleviated if Primrose Road was made a one-way street from Bayswater Avenueto Howard Avenue. A recolunendation from the city !,Ianager that the question be referredto the Hea1th, Safety & Traffic Conunission, with specific instructionsthat the proposed change be evaluated, vras concurred in by Council. 2. LTTTLA LEAGI'E ASSISTANCE a In reply to Council inquiry, the City Attorney and the advised that the City may IegaIly assist Burlingrmae'sas recotnmended i:y the Recreation Commission. City Manager Little Leag:ue 11. CENSUS STA?IS?ICS 5. REPORT TROI'I IIAGE STABILIZATION COT'T"IITTEE 1. INTERSECTIONS ADJACENT TO ST. CATHERINE,S CHURCH 253 3. PARX ING LOT ON PARK ROAD Ivlayor Morgan announced that the subject of the city acquiring the parking Iot on Park Road (opposite City HalI) would be considered pending a report from the City Attorney. 1. LORTON AVENUE PARKING LrQl (Near DonneII y Avenue ) Ihe Chair annouDced progress on the above subject. 5. R.ECREATION-PARK ARE,A IN UILLS ESTATE llayor Morgan announced that a Recreation I€ader wil-I be placed at the Burlingame Intermediate School this summer. Further consideration will be given to the request for a recreation and park area for the di str ict. 6. POLICE USE OF RADAR fhe Chair announced progress on the above subject. Ihe subject of "overnight Parking" },as held pending a report from the Health, safety & Traffic comlission. B. COUPLAINT RE: SPEED ON HOWARD AVENUE Mayor llorgan referred a complaint received concerning cessive speed on Howard Avenue west of El camino Real I{anager for report. alleqed ex-to the city 9. BOI'I,EVARD S?OPS (Park Road and Primrose Road) lhe City l,lanager was requested to investigate a conditj-on pointed out tryr Councilman Byrd concerning the failure of motori,sts to observe boulevard stops at the intersection of Primrose Road and Howard Avenue and at the intersection of Park Road and Howard Avenue. 10. FRINGE A&EA PARKIIIG METERS SOUGIIT At the request of Councilman Lorenz, the City Manager was reguestedto submit a report on the advisability of installing parking metersin fringe areas to permit a longer period of parking for employers, employees and others. CLOS ING Mr. ,farnes De Martini, Chairman, Citizens Committee, Burli,ngame E1-ementary School Permissive Tax Election, April 11, 1961, solicitedthe assistance of the rEribers of the city council, in disseminating information to al-ert the taxpayer to the importance of voting at the forthcoming election. Mr. De !{artini advised that many problems face the Elementary Schoolsof Burlingame if the permissive tax is not eontinued; that the teachingstaff of the schools will be reduced considerably and such services astransportion, cafeterias and school nurses will be deleted. ADJOUR.NMENT ltre meeting was reguJ-arly adjourned at 9:35 p.m., to meet Saturday,April 8, 1961-, I0 a.m., to continue the subjects at hand and such other business as may rdquire Council- attention. ctfully submi t .qPP I L. B. MORGAN, Res ERT K.ITE, city clerk 7 . OVERNIGIIT PARKIIIG I I