HomeMy WebLinkAboutMin - CC - 1962.01.03386
A regula:r neetlng of the Burllngame Clty Couacl.l ues held otr tbo
above glven date. lileetlng ca116d to onden et 8:05 p.n. - llayorByrd 1n the Chelr.
PI,EME OF ALLEGIANCE
Bunllngame, Callfornle
Januany 3, L962
CALI TO ORDER
At rord firom the Cha1n, aII lrr the Councll Chamben arose andgav6 tbe Pledge of Alleglance to tbs F1eg.
ROLL CALL
Pnesant - Councllnen: Byrd-Johns on-lllart ln-Hor:ganAbsent - Counc11rnen ! Lolrenz
Councllnan torenz, absent fi:on the Clty, rras excused oa motlonof Councllnen Mar:tln and seconded by Councllman Johnson.
MINUIES
1 REVOCABLE PENMIT ACCEPTANCE (San Francisco Water Dcpt. )
Councllnan Mantln roferrod to the hearlng conducted Decenrben 18,
1961, on an appeal ln connectlon ulth the pnoposed constnuctlon'of a gasollno statlon, Peninsula Avonue and Dulgbt Road andpart1cular.ly to r.efenences ln thc heanlng that the nconner lnquestlon 1g sunnoundod by cotmrenclal stnuetures at the edge ofresldentlal alroas.rt Councllman Mar.tln nequssted that the mlnuteg
be amended to record that the statementg rrct 6 6rrroneo'ua, lnaamueh
as the ncommercLalrr pr:openty reforned to 1s outslde the-cltyltmlts of Bunllngame and not to be congldencd ln thls lnstanco.
The mlnutes of Decenber 18, 1961, es submitted to Councll, t.er€
adopted as emended.
col,tMulllcAf roNs
A eommrnlcatlon frora the Clty Managen, dated December 29, 1961,
neconmendlng that a Revocable Permlt be accepted fnom the San
trbanclsco l{aten Depantment, fon the purpos € of lns tsLlLng an
ove!.heed flI:e-a1anm lLne acrogs lts pnoperty at Callfor.nLa Dr'1ve
?enrnlt Issued by the Pub1lc Uttlltles Coruniss lon of the Clty an tl
CountJr of San hanclsco Fon the Installatlon and Malrt€naneo of
an Overbead Fine A1anm tlno Across Lende Unden the Junlsdlctlonof the San Pnanclsco Water Depantmentn was lntnoduced by Councll-
man Mongan, who moved lts passager seconded by Counclluaa Jobns on
and unanlmou.Ely adopted on ro11 ealL.
2. REPORT NE: BURLINGAME SHORE LAND COMPANT PROPERTY
and Gnov6 Avenu6. was coDcurned ln and RESOLUTION No. 1-62rAuthonlzlngand-Dlnectlng&recutlonof -116!EiF??-F?rro-ocablc
A communlcatlon was acknorledged fnom the Clty lilanagen, dated
De cemben 29, l96L, submlttlng E copy of a letter recelved fr:on
the BurllDganre Shore Land Corpany, tbnough lta agent, Kennetb E.
Sml.tten, Realtor-Appralser, dated Decenber 28, 1961.
ltre Clty Managen nenderGd e verbal noport on tho negotlatlonr
thus ferp Hlth the Bunllngano Shor.e Land C onparqr and dlspleyed a
drarlng dellneatlng the locatlon of the lard holdlngs of the
latter and the property desfured by the City to contlnuo 1t8
drmplng and dralnage operatlons.
The Clty Hanager referned Councll to tbe offer nade by tht -Burltngine Sh5ne Land Coupany to sell to the cllY Par;e} nA:
and Peicel rBn at a pnlce-qu6ted 1n the sum of n$6oroo0.oo,n
aald pnlce conside?ably hlgher than tbo appraised velue of tbe
land.
387
Questloned by the Counc11, members of the City Staff indicated
the price quoted by the o'dners to be in excess of the value andthat the proper method of acquiring said property would be
through condenmation proceedlngs.
In reply Lo Council lnquiry, the City Attorney outllned the
procedure applied 1n instances acquiring property through the
"rlght of eninent domainrrt pointlng out that a I'falrl market
value for property proposed to be acquired is deLernlned b/ a jury.
Following considerable discusslon, CounciLcan Uartin moved that the
City Manager be authorlzed ro continue his negotiations wlth ihe
Burlingane Shore Land Colopany, seconded by Councilrcan Morgan and
unaninously camled.
Coi:-neilman l'{ariin moved 6hat a current appraisal of Lhe property
be obtained and that Mr. John Lynch, an expert in the field of
"Condennation of Propertyl proceedlngs, be invited Lo assist the
Clty in the selection of a qualifled apprai.ser, seconded b/
Council-man Morgan and unanimously carrled.
A third motion uas introduced by Councilnan Martin Lhat the City
Attorney be authorized to prepare a resolution to actuate con-
dennation proceedings at the appropriate tirne, seconded by
Councihcan Johnson and unanimously camled.
3. FINANCIAL SIAN'S DIjy1P OPERAIOR
A comlunicaLion from the City Manager, dated December 29, L961,,
advlsed lhat in response io a previous directive, the Dump
Operator has submltted a recapitulation of receipts, expendiLures
and alleged ne! profits for five years prior to October 31, L96I,
enabling the City to evaluate Lhe operatlcn of the dlsposal serviee.
The City Manager further advi.sed that payments to ihe Clty, underthe revlsed monthly paynent plan are currently in arrears and afurther report will be submitted to Councll within a three monlh
peri od .
4. RESURFACINO EDGEHILL DRIVE coNTBACI CoMPLEIIoN
A communicaticn fron the City Manager, dated December 29, L961,
advlsed that Lhe Therno-Bond Asphalt Corporatlon, Contractor,for the resurfacing of Edgehill Drive and oLher secondary ciL/sLreets, has satisfactorily conxpleted the con-uract 1n accordancewlth the plans and speclfications and iL was tLre reconnendatronof the City Engi,neer and hls Offlce -r,hat the pro j ect be accepLed
as completed.
Council concurred and RESoLUTIoN N0. 2-62 ,'Acce pLlng Work Resur-faclng Edgehill Drive and other Secondary City Streets - Job
No. 61-17" was introduced for passage on motj.on of Councilman
Morgan, seconded by Councllman Johnson and unanimously carried
on ro11 call .
5. FORMAL ACCSPTANCE NE'J FIRE SIATION
A nemo fron the City Manager,the scheduled inspectlon of t
Rollins Rcad, Tuesday, Januarverbal report would be made t
January 3,, 1962.
completion of the Brancthat the construcLlon o
been completed substantspeclficatlons, with th
ups'r and adjustnents.a lisL of iLens to be c
dated Decernbet 2), 1961 , advlsed of
he newly constructed Fire Station,y 2) a962) subsequent to which ao Council at the regular neetlng,
The City l4anager 1n his verbal report, referred Council Lo commun-lcations from Lhe ArchlLect, Ja es H. Mitchell, dated January 3,1962: (1) recor:mendlng thaL the request of t,he ConcracLor, Pearce,McAllister & Thorsell , Inc., for an extension of time in theh Flre SLatlon, be grante<i and (2) certlfyingf the Branch Fire Station on Rollins Road hasial-Iy in accordance r,rith the plans ande excepLion of a few ninor ltems of I'touch-
The laLter conmunication was accompanied byoffected by the Contractcr.
888
The Chai
rrended t
who1e, s
ra
hat
ubj
cknowledged the presence of Mr. Mitche11, irho recom-
the Counci-l fora,a1Iy accept the extended work as aect to the satisfactory conpletion of the 1lsLed itens.
The Clty Manager also reconmended the formal accepLance of the
new Branch Fire Staiion.
Councllman Morgan noved Lhat the Council concur .,{ith rhe recon-
nendation of the Archicect and that the request of Pearce,McAllister & Thorsell, Inc., for an extenslon of tine to
January 3, L9621 be granted, seconded by Councilman Johnson and
unanlmously carrled.
C ounci Lrc
NO. 3-62
an Martln introduced and aoved the passag e of RESOLUTION[Accepting Branch Fire StaLj,on, Roll1ns Road, Burllngame,eallfornia" seconded by Councilman Morgan and unanimously carried
on ro11 call .
Ihe Council ac)<nowledged the lnterest taken by the Chlef of the
Fire Departmenc duri,ng tne construction of the neu Branch FireStation, conmending his Idevotion Lo duLy."
6. REPLAC$VIENI TOILAND PLAYHOUSE PROTESIED.
A memo to Council froo the City Manager, dated December 20) 1961,
advlsed Lha! a proLest has been filed by residents adjacent to
alashington ParK, concerning the replaceBenL of a sna11 playhouse
used by children in the Recreation Depart&enlrs I'Tot1and."
The Clty Manager advlsed thab a prelimlnary investigation indicaLes
there is 1itt1e obstructlcn of view and r,shen conpleted, the structurewilf be attracLive.
It was the reconmendation of Lhe Clty yarag.r that the subjecL bereferred to the Recreatj,on Commi,sslon, bo deternine Uhether the
structure i.s actually required, the placement is proper, theeffect on others is insufficient to out\.reigh the benefits derlved
and to proceed thereafter at the dlscretlon of the Commission
members.
Council concurred ,.rith the recorcmendaLion and the
requested to so advise the Recreatlon Comntission.
City Manager
7. IRANSFER DUIIES AJSESSOR AND lAX COLLECIOR
A menoo from the City Manager, dared December 29, A961, nolifie<i
Ccuncil that Government Code Sectlon 5L5O2, requi-res that acertified copy of an ordinance Lransfenlng the d.uties of the
Assessor and the Tax Col-lector must be fil-ed lrith the County
Audltor on or before the first Monday of the February follo,rlng
Lhe adoptlon cf the ordi,nance and that the Cit;' Attorney hasprepared the required ordinance to meeL the c ondlt].ons of tne
Government Code.
ORDIISANCE NO. 7+B I'An ordinance A<iding Articl-e 9A to ParE IIIcT thelturlinga&E 0rdinance Code and Provldj.ng for the Transferof the Assessmenc an<i Tax ColfecLion Duties of the Clty Assessor
and CiEy Tax Collector to the Assessor Lo the Assessor and to lhe
Tax Collector of the County of San Mateo and Repealing A11
Frovislons of the ordinance Code in Conflict Herewithf was
introduced by Councilman Martin and glven its first readlng.
Communications fron the Town tlaIl Association of San Mateo CounLy,Inc., dated January l, L962, Lhe Burllngar:e -Mi1lbrae Induslrial-Assoclation, Decennber l-2, 1961, Lhe Governoent.al Research Councilof San Mateo County, dated Deceruber 27) 7961, and the San Maceo
County Development Associatlonl Inc., dated December 26, L96L,
conmending Council on the progressive step instituted to combinethe assessment activities and property tax co.t].eetion uork ofthe City of Burlingane wich San Uateo County agenci.es, were
received and acl<nowl-edged.
389
8. CI IY-COUNTY PROPOSED ROAD PROGRAM
A nerno fron Lhe City Managerr dated Decenber
Ehat a further conrmunication has been receive
Counly Englneer and Road Commlssloner, under
l-961 , concerning the participation of the Cit
engineering study and report on a proposed co
ard requesting Councll Lo I'aga1n conslder the
favcrable action.rr
29tdf
dat
JL
1961, advised
rom Don S. i{i]son,e of Decen:Der 1],n Lhe cosl of anunty-citJ road prograo
matter and take
iome discussi.on on the lssue indicated Lhe continued dlslnteresiof the Council to parti.cipate in a prograin whereln it appearedthat 1lttle benefit, if any, would be derived by the City of
Burlingane. The City Manager was requested to so notify the County
lngineer.
o ADOPIION ORDINANCE "FALLOUI STiELIERJI'
advised thai tne Planning Comnission, as requested by bhe Ccunc11,
reconslctered trsection G" of the zoning ordlnance, perialning to
"Fg11ouL Shelters. r'
The Commission thereafter recorur.ended Lhe adoption of a suosLituLe
secLr-on provlolng t'that shetters consLructeo 1n Lhe fronl setback
areas of hones can be approved only when the applicanc proves co
the satisfaction cf the Connission that construction wouLd be
i.mpossible or lrprac!icable in any other loealion on the properly.'r
fhe Planning Consullart read the substitute I'Seclion G - Fallout
Shelters. !'
In reply to Councllnan Johnson's inquiries concerning the $1O.0Ofee required when applying for Lhe construcilon of an undergroundshelter in the frcnt yard and the right of applicant Lo appeal a
reverse declsion, the Planning Consulrant advlsed that Lhe fee
would asslst in processlng ihe applicatlon and an I'implied'r ref-
e.rence woul<i glve applicant rlghL to appeal to CcunclL.
Ccuncilman Martin introduced for first reading OBDINANCE N0. 7l+9
"An Ordinance Anending Section 1926 of che 0rdinanEE codE cf-TheCity of Burlingame Regulating Pernissive Uses and Frovlding for
Buildlng Regulations, Lot Llnit,atlcns and Lot Requirements and
Height Limitaticns in R-l (First Residentiai) Dlstri.cts. t'
A motion introduced by Councl]nan Marttn t,hat ORDINANCE NO. 7\9as introduced, be amended and a new "SecLion G: Faflott SIeIIers(as read) be substituted, 'rras seccnded by Councilman Johnson and
unanimously carried.
Quescioned by the Council on the status of a conflict in the use of
a city-ownetl easement adjacent to the new Police Sra!1on, the City
Attorney advised of h1s ielephone conversation ',ri-th Mr. Clare Kemp,
owner of corner property next to the new Poli.ce Station, who has
suggested that the City use fourteen feet of lhe easeuenr foringress and egress and that the remaining six feet be reserved for
che use of his tenants (gasoJ.ine s-r"ation operators. )
The Clty Attorney advised Lhat a clearance has been obtained forpurposes of ingress and egress during current bulJ.ding construction.
The City Attorney was requested Lo contlnue to represent theinterests of the City.
2. F'ENC3 BLOCKINC PRIVAIE EAJS},IENIS
Councj-lman Morgan referred CounclL to a trnuisance!' created by theconstructlon of a fence by an owner on his prlvately-owned property
adjacent to the city-leased lot on Broadway and Palona, preventing
lngress and egress to rear business entrances and el_iolnating threeparklng spaces on the public parking facility.
UNFINISHED BUSINESS
1. NEW POLICE SIAIION EASEI,IENT REPORT
390
The Clty Attorney advj,sed Lhat legalIy, the Cily is not i.n aposition to take action.
Follor,ring a brief discussion, and aE h1s suggestlon, the subject
was referred to the Planning Consultant.
3. POINI SYSTM{ FROPOSED FOR CIIY SERVICE
In response to the Chair's inquiry concerning receipt of an
oplnion from the Civif Service Commission establlshing a formulafor adding credit points for years of City service to ,rrritten
tests, the City Cl-erk-Secre Lary, Civil Service Connission,
advlsed that a study 1s currently being conducted by the nenbersof the Comnlssion for report to Council .
NE,, BUSINSSS
1. PROPOSgD BOARD OF APPEAIS
Mayor Byrd referred to a comnunicatlon received fron Yarbrough &
Siirimons, under the signature of Don Yarbrough, dated January 2,1!62, requesting Council action in establishing a Board of Appealsto hear dlfferences of opinlon on a bui}dlng code issue, particularly
with reference to the construction of a new build hg aL 55 El
Canino Rea1, Burlingarne.
Durlng the ensuing <iiscussion, the City Attorney advised that a
clause in the Building Code provldes for a rrBoard of Appea'l s"for the purpose of resoLving controversles between owners andbuilding officiaLs relatlng to materials on1y.
The subject of a I'Board of Appeals't was referued by the Chair co
the Clty Attorney, the City Manager and the Planni-ng Consultantfor evaluation and report to Council .
Mayor Byrd advised that he wouLd com,munlcate personally wlth therrrlter, Mr. Don Yarbrough.
2. LEGISLATURE PROPOSED BANNING I'DRAW POKER''
No action was Laken o
Assoclatlon, Inc., Cuasslst in its canpaig
L or.r ball draw poker i
request of the Cudahy ImprovenenlCalifornia, that tne City of Burl-ingar0e
uLlar.r conmercialized draw poker and
forni a .
n the
dahy,ntoon Cal,1
3 . LEAGUE OF MUN]CIPALIIIES MEEIING
Councllman Martln refered to a special meeting of the League ofCallfornia Citles, February l--2, 1962, in Sacramento, for the
purpose of discussing and formulatlng League policy on metropolitan
governroent, stating that Councllnan Lorenz has expressed the desireto aLtend to protesE "nulti-purpose district leglslation" 1f
Councll so concumed.
The subJect uas held 1n abeyance pending the return of Councllnan
Lorenz.
ADJOUR},IUEI{I (10:05 p.m. )
Councllnan Johnson rnoved that Councll adjourn in testimony to Donald
H. Taylor, recognizing his thirty years of fal thful servlce, seconded
by Councilnan Martin and unanlmously carried. A copy of the ninuLes
was requesLed to be forwarded to Mr. Taylor, who retlred December 22,
t96L.
Respectfully subnitted,
APPROVED:
A'v<./4**'2,
ANDRBTI C. BYRD'
HERBERI ITE, Clcy Cleri{
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