HomeMy WebLinkAboutMin - CC - 1962.03.1942t
Bu rl ingame,
March 19,
Cal i fornia
1962
CALL TO OPDER
A regular meeting of the Burlingame city council- was
above given date. Meeting called to order at 8:05 p
Byrd in the Chair -
held on the
.m. , - Mayor
PLEDGE OF ALI,EG TANCE
At word from the Chair, all
the Pledge of Allegiance to
in the council chardber arose
the Flag.
and gave
ROIL CALL
Present - Councilmen: Byrd-Johnson-Lorenz-Martin
Absent - Councilmen: Irlorgan
MINTJ1PES PREVIOUS MEETING
Considerable discussion arose on Council-man Martin's motion to
approve the minutes of !.{arch 5 , L962 .
councilman Lorenz stated that his motion to:confj.rm the appointmentof R. J. Edwards as a member of the Planning commission on the occasion
of the last meeting. was conditional upon the fact that the City was
in receipt of an oral resignation from Planni.ng Commissioner. w. H.
Dieder ichsen .
councilman Martin, originator of the motion, consented to the amend-
ment and the motion was thereupon seconded by Councilman Lorenz
and unanimously carried.
In reply to the Chair rs inquiry concerning provisions in the covernment
Code relative to the appointment of Commissj.oners in General Law
Cities, the City Attorney advised that "vacancies on the Commissionsshall be f illed by the l{ayor v,,ith th.e consent of the council. "
Councilman Martin's inquiry on whether an oral resignation from
commisEi-oner Diederichsen had been received by his Office, was
replied to negatively by the City clerk.
Councilman ,fohnson advised that inasmuch as she was absent on the
occasion of the appoinEment, she desired to state her position on
the subject, that she deplored such action taken by the council
and felt that it was "little short of an injury to one who has
served for nine years and rdas not permitted the courtesy of submitting
a written resignation. "
councilman Johnson stated that in view of the criticism the appointment
has invoked, Mr. Edr^rards was treated unfairly and she questioned
why the appointment was made hrithout ascertaining whether the appointee
destted the appointment.
llayor Byrd advised that Mr. Edwards, on a prior occasion, had requested
an appointment to the Planning Commission, feeling that hisqualifieetions vrere more adaptable to functions of the Planning
commi6sion -
Councilman Johnson stated that in her opinion, the subject should have
been held in abeyance for two weeks; that the council has strived,in the past, for unanimity in commiEsion appointments and in this
instance, unanimity would have been achieved if -past policy had
been observed.
422
Councilman Johnson noted that the successor to the Planning
Commission post was naEed on March 5, L962, yet the resignation
from Mr. Diederichsen was written under date of March 8, andthat action taken by the Councj.l on March 5, did not includethat a communication be directed to Mr- Diederichsen commending
hi.s nine years service to the City as we 1.1- as to the community.
fn concluding her objections to the manner in which the appointment
was made, Councilman ,fohnson advised that a personal conferencewith the District Attorney disproved an allegation that a dj-r-ective from his Office necessitated the resignation of Mr.
Diederichsen as a member of the Planning Commission in orderthat he was serve on the Grand Jury of San Mateo County.
Councilman Martin stated that he continually has been opposed tothe procedure established in making appointments, based on thefact that it is done by the Mayor and that the Council, as awhole, is responsible; the administration is the entj.re Council;the Chairman is elected by merdbers of the Council as a whole and
Commissions are a reflection of the Council.
Councilman Martin recommended that a resol-ution be prepared out-lining an acceptable method when Comnission appointments are to
be made; permitting all members of the Council to make recommenda-tions; permitting Council a sufficient period of time hrhereby
nominees for Commissi,on posts may be considered for appointment
and providing f,hat appointments sha11 be made by at least a
maj ority conclusion of the CounciL.
Councilman Marti.n advised that he shall continue to oppose all
appointments until some method is adopted by Council-
Mayor Byrd reminded Council that appointments have been made in
conformance with regulations of a General Law city.
PETITION
PROTEST O\ERNIGIIT TRUCK PARKTNG ON RESIDENTIAL STREETS
T'he chair acknowledged the receipt of petitions bearing the
signatures of 222 residents of the City of Burlingame, protest-
ing the overnight parking of trucks particularly on the resi-
dential streets of the City and urging the enforcement of Section
L227 of the ordinance Code, prohibiting overnight parking on
the streets of the City.
Trhe petitioners offered as a possible solution to truck owners,
that arrangements be made to park trucks at night and on week-
ends in the parking areas at the Southern Pacific Railroad
Station and that Council, by arrangement proposed and ordinance
enforcement, restore Burlingrame streets to their proper usage.
A comrmrnication from the City Manager. dated tlarch L6, 1962, ad-
vised that the subject has been under study by the members of
the Health, Safety and Traffic Commission, wherein the Commission
has indicated a concurrence in the replacement of the current
ordinance with one similar to that in effect in the cj.ty of Palo
Alto. A copy of the I&er accompanied the communication.
Ttre city Manager advised that the current "No Night Parking"
ordinance was adopted twenty-five years prior and therefore it
is not practical to enforce it under modern-day automobile
conditions.
fhe City Manager stated that the Palo Alto-typeqriring a permit to park on the street all night
feasible means to control the problem.
ordinance,
appears to re-bea
Mayor Byrd advised that the petitions submitted would be con-
sidered on the basis of a Publj,c Hearing, with proPonents invited
to speak first and opponents thereafter.
423
Mr. Graham Kislingbury, t71O Ray Drive, introduced himself as co-
chairman of the citizens Comnittee and spokesman for the petitioners.
Mr. Kislingbury advised that approximately one year ago the great
influx of trucks was observed and as the result of a conference h,ith
the Mayor six months ago, a committee of homeohrners, represanting
a cross-section of the City. waE selected in the interim, to conduct
an intensive survey. fheir findings indicate that the truck parking
abuse has created a number of ploblems: Safety; Sanitation, wherein
the city street sweeper experiences difficulty in servicing thestreets, the oil and grease drippings soften the asphal,t, deteriorating
the streets, in addition to the unsightly appearance of the City.
Mr. Kislingbury, citing examples of promiscuous truct parking on
the streets, suggested that something be done either by requiring
trucks to be parked in garages or in drivewaSrs and permitting auto-
mobiles to be parked on the streets, or in instances of hardshii2
cases, that a permit be issued upon application.
Allan Beaumonlc, 2504 Haywardthat nany families have two,
converted their garages intogarages. Mr. Beaumont urgedat leaEt, be enforced.
lhere being no one
Mayor Byrd invited
Court. member of the committee, stated
three or four cars and. many have
rumlru.s room and the streets into
that the twenty-five year old ordinance
william Gilmore, 1431 carl-os Avenue, member of the committee, spoke
on the narrowness of some of the city streets, creating a problemfor owners to gain access to their property when the street is
overcrowded with truck and automobile par)cing. Mr- cilmore statedthat safety is a prime factor in the abuse of parking.
John Bower. 2 Rio Court, committee member, stated that measures shoul-d
be taken to maintain property valuations tr1r eliminatj-ng causes creating
the unsightly appearance of the City. t{r. Boarer cited an example of
a truck being parked day and night on Trousdale Drive-
It{r. Ed Montgomery, 104 Occidental Avenue, stated that efforts should
be expended to maintain the prestige of the city of Burlingame and
suggested that the current ordinanee be amended to particularly
control truck parking -
James. c. B. Deuar tini, 2720 Arguello Drive, referring to the numberof "parking" items on the Agenda on this occasion, also suggestedthat Council enact a new, or enforce the current ordinance to bantruck park ing in the residenti.al area.
present in opposition to the plea of the petitioners,
comments from members of the Council.
Councilman Lot e/].z stated that enforcement of the current section ofthe ordinance would do 1ittle to alleviate the problem, particularlywithin the area housiag older apartment-house dwelliggs- councilman
Lorenz observed that the ordinance section permits parking uponCity streets until 2 a.m-
Councilman ilohnson stated that changes are j,ndicated and garages
should be used for the purpose intended. Referring to the suggestionof the City Manager, Councilman Johnson stated that the issuance of
"permits' to park on streets all night appears feasible when garages
are not available.
Councilman Martin, referring to a comment that "garages have been
converted. into rumpus rooms " stated that if correct, such conversionis being done illegally and without the kno\^,ledge of the City.
Councilman Martin suggested that the truck parking issue be resolvedon a "weight limitation" basis; classiflzing pickup trucks with auto-
mobiles and restricting trucks three quarters of a ton and up.
Councilman Martin observed that a number of garages in some areaE ofthe City are not equpped to accomodate the modern automobile and
suggested that if cireumstances require overnight parking upon thestreets, permits be issued.
4?4
w. E. Cha bliss, 815 Almer Road, owner of apartment houses in anolder section of the City, spoke at some tength on the parking
congestion created by the lack of parking spaces in theaea. Mr.Chadbliss suggested that those required to use the street forparking should be required to pay for the privi.Iege.
Mayor Byrd, in a statement prepared for the occaEion addressed theCouncil and audience in part as foll*rs:
"These people are here. exercising their inalienable right topetition for a redress of \"rhat they consider a wrong. I agree qrith
them. f will- go further. f have an unshakable faith in the abilityof the free prople of Burlingame or all Americans to govern them-selves through their elected representatives, wisely and justty. ...
"The issue is clear, simply stated, it is this. Shall we enforceaII ordinances eqqally? There is a correlative matter here andthat is, I think,- an issue as to the merit or usefulness of thepresent ordinance in today"s vrorId."
fn concluding his statement, Mayor Byrd suggested that warnings beissued prior to the issuance of citations, fo11or^ring proper public
notice and that in the interim, the issue be referred to the Health,
Safety and Traffic Corunission for analysis and recommendation.
councilman Martin stated that he had no objection to issuing warnings;
however, in his opinion, it hras unfair to issue citations until Eomeprovision is established to assist those classified particularly as
"hardship" cases. Councilman Martin stated that he did concur withthe recommendation that the subject'be refarred to the Health, Safety
and Traffic Commission with the understanding that a report be sub-mitted to council at the first meeting in May.
councilman Lorenz and Councilman Johnson expressed their concurrence.
given to levying aCouncilman Lorenz suggested that considerati.on befee for the privilege of parking overnight.
Mayor Byrd stated that while "he was hopeful that action would be
taken this evening" the appropriate procedure at this time would beto refer the subject to the aforementioned Commission with a requestthat the Commission outline a definitive poliqf for early repoDt
to council.
Mr. Rowland Dippel, medber of the Health, Safety and Traffic commission,
present on this occasion, Lras requested by Councilman llartin to take
cogni.zance of his statements concerning "weight limitations" for
trucks for Commission evaluation.
Mr. KisJ-ingbury and member of his citizens committee were invited to
meet with members of the Health, safety and Traffic Cornnissj.on at
either a special or a regular meeting of the commisEion.
A receEs was declared by the chair at 9:15 p.m.
CALL TO ORDER
The meeting reconvened and was called to order by the Clair at 9:35 p.
fhe Chair announced. that at the requeat of and aa a matter of courtesy
to ltr . Robert Ryan , Item l.ro . 4, " 81 Quanito Acres Dainage Problem
would be eonsidered, at this time.
4. REPORT ON RYAN, ET AL RE:EL OUANT?O ACRES NO. 2
A communication from the city Manager, dated March L5, 1962, advised
that Mr. Robert Ryan and others on EI Prado Road have requested a
clarification of the position of the City relative to the drainage
problem existinq at the rear of their property on El Prado Road.
m
RECESS
425
Ttre City Manager advised that the issue has been investigated and
because the property is privately-owned, the city has no legal
responsibility to rectify the alleged drainage problem.
The City Manager advised that the City Engineer has reported that EI
Quanj.to Acres No. 2 Subdivision was properly engineered and is in
conformity with other hillside developments; in addition, the report
advised that a portion of the property above the lots in guestionis in unincorporated territory; therefore. the City has no juris-
diction within this area.
Mr. Robert Ryan inviteal tDr the chair to comment further, stated that
in his opinion, a more adequate drainage system should be required
at the time the property is being developed to protect the investmentof future property owners.
Councilman Martin advised that while serving the City as a member of
the PLanning Comnission he had voted against the acceptance of
the subdivision, cognizant that its location l^ras with a "problem"
area.
Follovring a brief discussion, Councilman Martin suggested that
Planning ConEultant and the city Engineer, through conferences
the county Planning Connission and property owners residing inhillside area and at the rear of the subject property, attempt
render some assistance to Mr- Robert Ryan and his neighbors.
the
with
the
to
The city Manager was authorized to continue to keep the area under
surveillance for informative purposes.
CALIT'ORNIA BUS STQPS
Mayor Byrd announced receipt of a complaint coneerning the prevalence
of bus stops on cal-ifornia Drive, south of Broadway. Ihere being noobjections from Council, the recornmendation that one stop $ras
sufficient. was referred to the Health, Safety and Traffic cornmission
for evaluation and report to Council .
Ihe regular order of business was resumed thereafter.
1. ACCEPTANCE PSVOCABLE PERMTT TO PERI,ITT WIDENING
A comrmrnication from the City llanager, dated March 15, 1962, advisedthat a revocable permit from the San Francisco water Department has
been received, enabling the city to proceed with the project of
widening California Drive. It was the recommendation of the city
Manager that the Resolution be accepted to program the project
immediately.
Councilman Johnson introduced and moved. the passag e Of RESOLUT ION
NO. 14-62 "Authorizi ng and Directing Execution of Acceptance of
Revocable Permit Issued \z the San Francisco Water Department for
the I^Iidening of california Drive Upon a Portion of Lands under theJurisdiction of said water Department" seconded try Councilman Lorenz
and unanimously carried.
Mayor Byrd expressed his appreciation for the unanimous vote of
Council, stating that the project is one that has become a personal
issue with him for a considerable number of years.
Q,.estioned by councilman Martin, the city Engineer advised that it isanticipated that the project will be available for bids this coming
sumnrer; however, the Pacific Gas and Election Company will be requiredto remove its polrer poles.
In reply to Councilman f,orenz's suggestion that the power poles be
removed. alongside the railroad tracks, the City Engineer advised thatalternate proposals will be prepared for negotiable purposes-
OF CAI,IFORNIA DR TVE
4?,8
2. PROPOSED DIKE AROIJND CITY DUMP
A communication from the City ltlanager, dated l4arch L5, L962, adviaedthat the U. S. ArrV Engineers has granted a permit to the City toinstall a dike around. city-owned property in the Bay.
The City Manager advised that it will be necessary, however, to firstobtain an easement from the Ideal Cement Company to proceed with theproject as previously approved by Council and recommending that theCity Attorney prepare the necessary legal document to be presentedto the Ideal Cement Company for early approval and execution.
council-man JohnEon moved that council concur with the recomnendation
and that the City Attorney prepare the legislation required, secondedby Councilman Martin and unanimously carried.
PROPOSED AC UTSITION LOTS l and 27 BROADWAY
A comrm.rnication from the City !.,lanager, dated March 16, 1962, vras
read, wherein Council was advised that Mr. R. L. Abbott has expreEsedhis willingneEs to sell to the City, Lot 1 on Lagnrna Avenue and
LoL 27 on Paloma Avenue in Broadway. in the sum of $4O,000.00, the
approximate varlue of said property; provided, however, that he ispernitted a permanent access to the rear of T,ots 29, 3O and 31 forparking purposes. Mr. Abbott further indicated that he rpou Id beunwilling to lease the lots for Less than $200.00 per month.
In reply to inquiries from the Council. the City Iqanager advised thatfurther negotiation will be required prior to final action by the
CounciI.
Mr. Edlrard Rocca aAvised that the merchants on Broadway are desirousof ascertaining whether Mr. Abbott would object to the remainder of
his property on Broadway being included in an overall parking district.
if said district is processed to a Eatisfactory conclusion.
The City Manager was requested to continue his negotiations with!4r. Abbott in behalf of the city.
5. RELOCATION STOP SIGNS TO ADEL TNE AND BERNAI AVENIIES
A comrm:nication from the City lUanagdr, dated March L6, L962, advised
that the Health, Safety and Traffic Commission and the Police Depart-
ment have recommended. pursuatt to publi,c notice of hearing and
due consideration, that the stop signs at Adeline and Vancouver
Avenues, affeeting east and west traffic on Adeline Drive be
eliminated and instead, stop signs be placed at Adeline and Bernal
Avenues, affecting east and west traffic on Adeline Drive. The
proposed change was reconrmended for the reason that there is con-
siderable more foot traffic crossing Adeline Drive at Bernal Avenue
from the Lincoln School.
Councilman Martin moved that the City Attorney be directed to prepare
the legislation required to affect the proposed change, seconded by
councilman Lorenz and unanimously carried.
6. PROPOSED FORMAT TON BROADWAY PARK ING DTSTRICT
A communication was read from the city Manager, dated Iuarch 16, L962,
advi.sing that Broadway merchant representatives have requested the
cooperation of Couneil in their efforts to formulate a Parking
District. A six-point procedure was outlined by the city Manager,
who then advised that if Council concurs, the initial step would
requj.re that the law firm of wilson, Harzfeld and ,Jones and Morton be
authorized to proceed with the preparation of a "Resolution of
Intent. "
A communication sras read from lvilsey, Ham & Blair, Engineers and
Planners, dated tlarch 15, 1962, offering engineering services in
conjunction with the proposed Broadway Parking and Lighting District
and outlining a service performance in three separate phases: (1)
Investigation Report, in the lump sum of $1,OOO.OO; (2) Supplemental
Study, in the lump sum of $1,000.00; and (3) Detailed Engineering,
specific fees to be established upon completion of Phaaes I and If.
3.
42?
Reference was made to a comm.rnication dated February 19, 1952,
addressed to Mr. Robert Levy, L443 Broadway, me ber of the Parking
Committee of the Broadway Merchant's Association, from Jarnes
I\,Iorton, Attorney, representing the law firm of Wilson, Harzfeld,
Jones and .tvlorton, describing the procedure applied to formulate
a Parking and Lighting District. vrithout the circulation of a
petition. It waE pointed out that such method of procedure requires
the preEentation of a rePort to the City Council, prepared by a
competent engineer, indicating the feasibi,lity of the proposed
proj ect.
Frank Hanraham, representing the engineering firm of wilsey, Ham &
Blair, advj.sed that his office is developing a program to assist
Broadvray and in reply to council inguiries, stated that the request
for servj.ces in connection with the formation of a parking district
also included a "Iighting district,'" however, interest is focusedprimarily in providing a parking facility.
Questioned by Councilman Lorenz for a clarification concerning the
payment of legal fees, the City Uanager advised that the fees of
the attorneys would be contingent upon the successful formation
of the Parking District on Broadhray.
In reply to the Chair's inquiries concerning a policy determination
or a percentage cost to the City for participation in the proposed
District, Mr. Rocca, committee member, advised that nothing definite
has been established by the Parting Dj.strict committee r however, the
Committee was desirous of meeting with the Council in a study session.
Councilman Martin stated that inasmuch as plans at this point are
indefinite, a meeting with the Broadway Parking Committee, the
C6uncil (or representative ) the Planning commiEsion, the city
Attorney and the City Manager, is appropriate.
Ivtayor Byrd summarized the position of the council and through inquiriesdirected to Mr. Hanraham, council was advised that a resolution of
intention $rou Id not obligate the City, its contents merely would
state the proposed formation would proceed under the 1913 Investiga-tion Act.
Ttle City Attolney suggested that in the interest of time, there vould
be no objection to Council authorizing the Iegal firm of Wilson,
Harzfeld, Jones and llorton to prepare the Resolution of Intention;
and that the Council. prior to its enactment, confer with the City
Manager, the Distriet's legal counsel and engineering firm.
Councilman Lorenz thereafter moved that Council concur lrith the
recommendation and that the law firm of Wilson, Harzfeld, Jones and
Ivlorton be authorized to prepare a "Resolution of fntent" seconded by
Councilman,Johnson and. unanimously carried-
7. REPORT RE: PARKING :t]{ i{OUISPAfN VfEw
A conmunication from the City Manager, dated lUarch ]-5, 1962, advisedthat as requested by Council, his Office communicated with officialsof the City of Mountain Vievr relative to its alleged "model parkingdistrict. " Mountain View is a chartered city with certain flexiblefinancing possibilities not available to non-chartered cities. TheCity Manager advised that in view of the fact that Ernest A. wilsonis attorney for the city of Iuountain View's parking district and the
proposed district for the City of Bur lingrame, he rcirld be in aposition to properly advise local officials.
Ihe communication was acknowledged for filing.
8. RES IGNATTON W. H DE IDER ICHSEN
A communication from w. H. Diederichsen, 75O Winchester Drive, dated
March 8, 1962, advised that his recent appointment as a member ofthe Grand ,fury has rendered it necessary to submit }is resignationas a meniber of the Burlingame City Planning Commission.
Mr. Diederichsen expressed his appreciatioF for the cooperation and theassociation received. from [enibers of the CUuncil, the planning
Consultant, the City Attorney, the City Engineer, the Buildingfnspector, the Planning Commission and others during his nine-year
428
tenure as a Planning Corunissioner.
Councilman Johnson moved that the resignation be acceptead withregret and that a letter of sincere appreciation and commendationfor his nine year service to the City be transmitted to Mr.Diederichsen, seconded by Councilman Martin. On the question,
members of the Council expressed. their appreciation individually,
l'ri th Mayor Byrd stating that he would communicate personallywith Mr. Diederichsen.
RESOLUTIONS
See Agenda ltem No. 1 - RESOTUTION NO. 14-62
ORDINANCES
NIone
IJNPINIST]ED BUSTNESS
1. CONTIRMATION R. J. EDWARDS APPOINT!4ENT
l'layor Byrd, acknowledging haste in the matter of appointing R. J.
Edwards as a meniber of the Planning Commission, requested thepleasure of the Council.
Councilman uartin repeating his previous objection to the rrEthodin naming appointees to Conmission poEts, stated that in hisopinion, the issue should remain a closed incident. Members of the
Council concurred.
TtIe city Attorney reconunended that
appointment, Council proceed as on
meeting.
to
the
insure the
occas ion
validity of the
of the last
Mayor Byrd thereupon placed the name of R. J. Edvrards
as a member of the Planning Commission. fhere beingthe appointnent was unanimously confirmed.
in
no
nomination
obj ect j.on,
2. FENCE BLOCKING PRTVATE EASEMENTS
fhe Chair referred to a "nuisaoce" previously brought to the attentionof the Council. created by the construction of a fence by an owner
on his privately-owned property adjacent to the eity-leased 1ot on
Broadway and Paloma Avenue, preventing ingress and egress to rear
business entrances and eliminating three parking spaces on the public
parking facility.
Ouestioned by the Council, the Planning consultant prepared a black-
board diagram illustrating the inconvenience created by the construc-tion of the fence and advised that Iegally the City is not in aposition to initiate action on property privately owned; however,the City has assumed some right through its leased property andit was his suggestion that the dity erect a fence on that portion
of the property bethreen the city-controlled parkinq lot and theproperty privately ovrned to provide additional parking spaces.
council concurred and.the subject vras referred to both the City
Ivlanagter and to the City Planning Consultant for processing.
C I.A II,{S
claims, Nos. 7155-7326. in the total amount of $86, 9O6 .65. llonthof l,tarch, 1962, duly audited, were approved and r.rarrants ordered
dravrn on the city Treasury in their respective amounts on motion
of Councilman Lorenz, seconded by councilman Johnson and unanimously
carried .
PAYROLL
Payroll warrants, Month Eebruary, !962, Nos. 6170-6624, in the total
amount of $92,{,408.98, were approved on rnotion of Councilman Lorenz,seconded by C uncilman ,Johnson and unanimously carried.
429
ACKNOWI,EDGEMENTS
Ittayor Byrd acknowledged the thirty-six year law-enforcement serviceof Deputy Police Chief Lahrrence Furio. who has announced his
retirement.
Members of the Council unanimously endorsed the sentiments o<pressed
by the Chair and an appropriate Ecroll commending Deputy ChiefFurio was signed b[, the members of the Council.
AD.fOURNMENT
As a testimonial to Deputy Chief Furio, Couneil adj ourned at 11:15 p.m.,
on motion of CouncilmaD Johnson, seconded by Councilman Martin and
unanimous ly carried.
Respectfully submitted,
IIERBERT K. WIIIE, City Clerk
APPROVED:
6,G-rd
Byrdl vAndrew C.
Mayor