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HomeMy WebLinkAboutMin - CC - 1962.04.02480 Burlingame, April 2, CaIi fornia r962 CALL TO ORDER A regular meeting of the Burlingame City Council was held on thegiven date. Ivleeting called to order at 8:05 p.m., - I{ayor Byrd the Chair. At rrrord from the chair, all in the Council Chamber arose and gave the Pledge of Allegiance to the Flag. ROLL CALL above in Present Absent MINUTES - Councilmen: - Councilmen: Byrd-Johns on-Lorenz-Martin-IUorgan None Councilman Lorenz requested that his comments concerning "overnightparking" be corrected to read that "enforcement of the currentsection of the ordinance would rwork a hardship' within the area housing older apartment-house dwe1lings..." and thereafter movedthat the minutes of the meeting of March L9, 1962, submitted to Council be approved and adopted, seconded by Councilman Johnson and unanimously carried, Councilman Morgan abstaining. HEARING APPL]CATION TO OPERA?E TAX ICAB Mayor Byrd announced that this was the time and the place scheduledto conduct a public hearing on the application of Harry CliffordPierce, 1532 Day Avenue, San Mateo, for permission to operate a "Broadway Ye11o\^, Cab Company. " The City Attorney referred Council to a section of the ordinance stipulating that in determining whether hpublic convenience andnecessity" reqube the taxicab serviee, Council shall investigated and consider: (1) Ihe demand of the public for additional taxicabservice; (2) ltre adequacy of the existing taxicab service; (3) lhefinancial responsibiJ-ity and experience of the applicant; ( ) fhe number, make and type of the equipment and the color scheme to be used; and(5) fhe effect additional taxicab service may have on traffic congestion and parking and parking and whether it will result in agreater hazard to the public; all inquiries must be replied to, tothe satisfaction of the City Council. lnvited byl,tr. Plercein the Cit arearn and located at viewed the need for t r.ai 1ro ad s The name r numbe I. of the Chalr to f r::r'ther conment , Mr.. Guldo advls ed that has been a taxicab operator for the past seventeen yearsy of San Mateo, ls aware of the ttnature of the Broadwayis proposing to operate three late-modeI cabs to be the Br.oadway Railroad Station. Mr. Plerce has inten- merchants on Broadlray and Ls convlnced th:t there ls a he service. The large numbe:: of commute:'s utllLzing thetatlon Lndicate a deflnl,te need for a taxicab servlce. Broadway Ye11ow Cabrt has been a ttf lxec namerf for a years. fn response to the Chalrrs inqu!,ry concerning opposition to the proposed service, Cyrus J. Mc.{i11an, Attorney, representlng both the Yel1ow Cab Company and the Checker Cab Conpany of Burlingame proper, advised that his clients, both companles of whl ch have experienced thirty yea:rs service, oppose the establj-shment of anottrer company; the two companies operate a total of ten cabs; the Checker Cab Company has a cab in service across from the Broadway train depot, a radic system and a dh"ect telephone llne from the Broadway depot call-box to lts Br:rlingame cab stand. PLEDGE OF ALLEG IANCE M::. McMlllan stated that prevlous effonts to establish servl-ce ln the Broadway area have been unsuccessful and companles cr:::nently operatlng ln the City of Burlinganea satlsfactory servlce. 431 a taxicab the two ane provldlng In concluslon, Mn. McMll1an advised that a surve]r of cltj-es from South San Francisco to Redwood Clty, lndlcate only one taxicab companyln operatlon ln each of the cltles, r.rlth the exception of the Cltyof San Mateo. fn :.ep1y to Councllman Johnsonrs lnqulry, Mr. l"IcMi11an, for compar:atlvepurposes, advlsed that a total of flfteen cabs are in operation to serve the San Carlos, Redwood Clty and i{oodside area and the two companles he ls representlng operate a total of ten trxlcabs. Councllman Lorenz stated that ln hl-s opinion, the Broadway r.esldents should be pnovlded the servlce of a 1ocsl taxicab company and movedthat a permlt be issued, provded the ordinance requirements are met s atlsfactorlly. The motion failed for the lack of a second. The Clty Attorney advlsed that further flndlngs, as reqr,rlred by provlsLons of the ordlnance code, ane recessary prior to Councilrsactlon on the applicatlon and evldence should be presented by theattorney fon the appllcant to substantlate his statenents. Following fur.ther'dlscusslon, the Clty Manager, in collabonatlon wlth the Chlef of the Po11ce Depar.tment, was requested to eonduct an appnoprlate Lnvestlgatlon and the Attcrneys for the proponent and the opponents lnvlted to present substantlatlng evldence to support thelr statements, at a regular. meetlng of the Clty Counc11, May 7r 1962. ft]a ir E i, D A brlef CALL TO recess was ORDER declared by the Chair at 8:20 p.rn. The meetlng reconvened at B:25 p.m. ME!,IORTALTZING DEATH ALLAI{ F. HU]'IT Mayon Byr.d annor:nced that the Honorable Louis Franci-s, 25th Dlstrlct,Callfornla State Assembly, lntroduced House Resolution No. 105,rrMemorializlng the death of A1l-an F. Huntrn formen Mayon and Clty Councllman of the City of Bunllngame for twenty-three years. A glass-franed copy of the Resolution was pr.esented to the City Councll by members of the A1lan F. Hunt fanl1y and aecepted by Mayor Byrd on behalf of the Clty wlth a few approprl-ate words. 1. PROPOSED ORDIJTA]']CE TC CCNTROL IIOVERNIGHT PARKT}IGN A communlcation fnom the Clty Manager, dated March 30, 1952, advised that the Eealth, Safety and Trafflc Cormlsslon has considered the overnlght parking problem and hag recommended the adoptlon of an or.dlnance rendet lng ft (a) trunlawful for the orrner or dr.iven of any vehl-c1e to pank upon any stneet or alley ln the City between the hours of 2:OO A.M., and 6:oo A.lt., wlthout a penrnitn (llconsetl physlclans exempted;) ana (b) ln cases of rrhandshlps whene the owners of vehlcles cannot obtaln sr:itable stora6re or parklng facllitles, permlts for''parklng between the hours of f :00 A.M., and 5:00 A.M., nay be lssued 6y the-Chlef of Pollce" (fee $t.OO tor'slx months peniod)- and (c) that nno perrft sha]-1 be gnanted for commerclal vehicles as deflned ln the California Vehtcle Code, Sectlon 250.n The Clty Manap'er advised that the proposed ordlnance was modeled from one 1n effect ln the Clty of Palo A1to. Several o-uestlons have. been nalsed wlth ::eference to dlscnlmination against comraerclal vehlcles and ln Palo A1to, the Chief of Pollce uses as a cr'lteria, the factor of whe ther: the vehlc1e has a comrerclal plate; if so' a permit ls not issued. 43.2 The City Manager advLsed that a questi.on has arlsen also on thelegalllty of the type ordlnance proposed ln vlew of the fact thdt there ls no posting of the regulatlon, or nfair noticen to motorlsts. The Clty Manager suggested tha t the question be referred to theClty Attorney. It was the recormaendatlon of the Clty Manager thdt Councll act favonab1y upon the proposed ordtnance. Questloned by the Council, the Clty Attorney advlsed that the proposed ordlnance ls.a substantlal portlon thereof; however', ltls not complete and a dlrectlve should be lssued thst an apprloplrLate and complete ordlnance be prepar.ed for conslderatlon by the Councll . A series of lnqulries were dlrected through the Chair to the Chlefof Po1lce and conslder.able dLscussLon anose thereafter on theclasslflbatlon ncommereial vehic 1e . n Chl,ef Lo11ln advlsed that the term ttcommerclal vehlclen defined in the State Motor Vehlcle Code as na vehicle that ls designed for, used for, or r:iai nta lned _ primarl ly for the transporatlon of propertyrr ls the basis set f or.th in the proposed ordlnance and any one may be used as a test to determine the status of a vehiele. A comparJ-son between the cu::nent sectlon of the now obsolete ordlnance, the f1exib11lty of the proposed new sectlon and the system of issulngper.nlts was outllned by Chlef Lol1ln who advlsed that the new sectlon sha11 elimlnate the tnuck parking abuse entirely. Councllman Martin referred to the panagraph ln the comnrunic'rt 1on ofthe Clty Manager concerning the question ralsed regar.dlng the 1ega1ltygf thls type ordinance ln that ther.e is no posting of the regulatlon. The Clty Attorney advlsed th,rt he would render a 1egaI opinlon sub- sequent to a study on the subject. At the concLuslon of conslderable dlscusslon, the Chalr advised thatfurther debate on the mertts of, or. objectlons to the proposetl ordlnance wculd be heard at the tlme the ordlnance has been drafted and scheduled for first readlng. The Clty Attorney was lnstructed thereafter to prepare ordLnance ln propen 1ega1 for.n for presentation at theof the City Councl1, Aprl1 i-6, 1962. of or D t the proposed r.e gul a:r mee t 1ng 2. REPORT CN }IEGOTTATIsNS FOR PURCILASE OF ABBOIT INOPERTT A communlcation from the Clty l"lanager, dated March 30, 1962, advlsed tlra t further neeotlations with R. L. Abbott to purchase Lots 1 and 37 on Broadway, indlcate that Mr. Abbott is insistent that he retain a permanent right-of-way for both vohicles and pedestrian lngress and egr.ess to and from the rear of Lots 28, 29, 30 and J1. It was the recornmendatlon of the City Manager. that Councll conslden elther (f) tfre enga6lement of a professional appraisen to determlne ttre appralsed value of the propenty, less ttr e r'lght-of-way, if desirous urchaslng the property and permitting the owner to retaln easements;2) avoidlng the conplications of easements by permlttlng an offerto purehas e the property i.rlthout encumbrances. Considerable dlscusslon arlose on the request of l{r. Abbott to retaln a portion of the property for easement purposes, wlth the Clty l'{anager and members of the Councll expresslng hesltancy on acquirlng property encumbered by easements. IvIr. Ed Rocca, Broadway merchant, and member. of the Bnoadway ParklngDl-strlct Commlttee, ln addreislng the Council, advlsed that durlng & dlscussion wlth I'1r. Abbott on ttre current d:te, Mr. Abbott suggested that the Clty pur.chase. Lot 1, in the sum of $201000.00 and contlnue its lease on Lot 27 for the fulI term of the lease (3 years ). Mr. Rocca recomme purchase of Lo of the lease o easements and lot be donated t1nL(3) to nded th:t the Clty contlnue negotlations for the ; (2) that ln the interlm, pending the terminatlonof 2J, an effort be made to resolve the lssue onthat upon f orrnatlon of the parklng distrlct, the the Dis trlc t. 433 Councllman Morgan obser.ved that the statements of l,h'. Rocca lntnoduceda new thought on the subJect. The City Manager concr::"r.ed, advlslngthat he was not aware of the new proposal and he '"ras of the oplnlonthat the owner would not se11 Lot 1 r"iithout the easement he has requested nepeatedly. Mr ' Rocca and an unldentlfled merchant. Abbott desires the rlght-of-way tod access to hls o ther. pnopertles. on Broadway eaeh advised thatprovlde a small pa::klng area Mayor Byrd suggested that the City i'lanager confer r'rith Mr. Rocca and Mr.. Abbott to effectuate elther a sale of the propertlr, f::ee fr.om encumbrances or a pnoperty lease-agneement. fn r.eply to CouncLlman Martinrs lnquiry, the Ctty Engineen advlsedthat hls office had pr:epar"ed a tentatlve trlay-outrr of the property and the number of parking spaces the ar.ea w111 provlde, without the lngness and egness easoments as nequested by Mr. Abbott. The Clty EngLneer advised that he would r"evLse the tentatlve area nlay-out.rl The subject was thereafter refemed to the City Manager and to theClty Engineer . At.the suggestion of Councilman Mor.gan, the Clty I'lanager advised that he would lnvestlgate the placement of addltiona par.king neters onthe Broadway Post Offlce parklng 1ot and report to Councll at thenext regular me e t lng. A meno to Councl1, dated Mar"c Clty Manager, advlslng that i Department that a r:e s olut ion of mlnor: records flve year.s o 9, 1962, was acknowledged frcm the as been r.equested by the Police enacted authorlzlng the destructlon and over. Br:rlingameofficlal the Dls trict h2th be 1C 3ounc11 concu.r.red and RESOLUTI0N N0. 15-62 nAuthorlzing the Chlef of Po11ce to Destroy Certaln Police Depar.trnent Records rf was introduced fon passage on motlon of Councllman i'Iorean, seconded by CouncllmanMartin and r:nanlmous Iy ca?rled. l+.PROTEST RE: OFF-STRI'ET PlRKlNG CAI''?AIGN A comrar:nlcatlon was acknolrledged fnom I'{rs. 1^/111tam P. Brlghaa,, 228 Dwlght Road, protesting the Clty Councilrs pledge of $640,000.00to the npresent petltlon campalgn for off-street panklng.n The Clty Attorney, ln neply to the Chalrrs lnquiry, advlsed that lnhls oplnlon, ttre actlcn taken by Councll thus far in the proceedlngs formulatlng an off-street parking distnict ls, nto the best of hls knowledge a 1ega1 ac tlon. n Mayor Byr"d ln some detall, advLsed tlrat the actLon taken by the Councll was baslcally the ldentlcal pollcy adopted by the Councll some years prlo? and lntenested persons w111 be glven an opportunlty to be heardat the tlme a pub1lc hearlng ls scheduled, subsequent to the recelpt by Councll of the requfued number. of slgned petitlons. fn furthen reply to Mrs. Brlghamrs lnqulnles from the f1oon, the Clty Attonney advised that formal pledges are made by the Council at the tlme of the p:resentatlon of the slgned petltions; hearings are scheduled, the pnotests a?e heard and a dlstr.ict ls formed. Concer.nlng the expenClture of futur"e tax funds, the Clty Attorney advlsed that Councll may, by budgeted preparatlon for the lmmedlate f onthcornLng fiscal perlod, allocate funds to be applied toward the cost of the Dlstrlct. Mrs. Lau::a Chiapelone, th27 Chapln Avenue, owner of the Garden Center, stated that al though she has not received notice, her property has been proposed for: ineluslon in and she deslrod, on thls occasion, to protest. 484 Following a .brlef discusslon, Malror Byrd advlsed that lnterested persons will be glven an opportunity to be heard at such tlme aspublic hearings ar.e scheduled before the City Councl1. L.. ACQUIS]TION BAIT-{$DS BY COU}IIY OPPOSED A comnunlcatlon was recelved fr.om Albert S. Honwltz, Chalrnan,Joint Baylands Development Corrvnlttee, dated March 26, l)62,advislng that the corn'rrlttee, composed of members of a Chamber of Commerce ComnLttee and the Shorellne Study Cornnlttee appolnted bythe City Council, adopted a resol-ution vlgorously opposingacquisltlon by the County of San l,lateo of a portlon of submerged baylands ln the City of Burlingarne. Mr. Horwltz, in the audlence, was invLted to further elaborate. He stated that the City of Bu?1lngame has the pr.lmary responslbllltyfor the development of its baylands and that a conplete study ofthe entft'e area should be made prior to any actlon the County of San Mateo nay propose to acquire the pnoperty. Councll concurred and RESCLUTfON N0. 15-52 [O pposlng Acquls i t ionteo of u ands ln the Clty of motion of Counc l1manoduced for passage on Mor5an, seconded by Councllman Mantin and unanimously carried. A coranr:nication from l{rs. Loulsa W. Bracer 1!1! Bel1evue Avenue, expressed her ccr-cur":'e:rce with actlon prroposed to eliminate royer- nlght parktng.n Tire connunic:tion '.ras- aci<nor.rledged f or reference on the occaslon of the lntrocuctlon of the proposed rovernlght Pa::kLngt Ordinance. bv the Countv, of San Birrllngametr ivas ln tr An informal po11 of the Council, lndicated the r"eluctance of members to take deflnite action untll members of the Cityrs revlewed the tentatlve map of the proposed boundary 1lnes of Dlstrict. The subject i,ras thereafter held in abeyance, pendlng further meetlngs of the Parklng Dlstrict Comnlttee, the City Councll(or representative) and members of the Clt}rrs staff. Peggy l. McElligott, Attorney, r.epresentlng the law flrm of Wl1son, Hanzfeld, Jones and i'Iarton, presented to Counci-I, on behalf of Frank Eanrahan, nepresentlng lJj,lsenr ilam and BlaLr', a preliminary disp'l ay of the tentative boundary 1ines, lncludlng existlngprlvate, pubIlc and additlonal r.oads, for the proposed Bnoadway Off-Str.eet Parklng and. Ltghting Dlstrict. The Chain refemed to a meetlng that was to trave occurred with the Bnoadway Parklng Dlstrlct Conrmittee as !ie11 as wlth membors of the Council and questloned llr. Ed Rocea, commlttee members. Mr. Rocca advised thgt a meetlng of his committee wlth the Attorneys fon the Dlstrict had been he1dl however, he, personally was not cognizant that the prell-mlnary work would be avallgbIe on thls occasion. Mr. Rocca assured Councll that Councllman Martln, llalson menbers, as well as members of the Councll would be info::med and lnvlted to attend futr.rre meetings of the Parking Dlstrlct Conmlttee. Some dlscussion a::ose on the two nesolutions proposed for' lntno- ductlon and pertaLning to the formetlon of the Dlstrict. Its s taff the ORDfNANCES - Introductlon thereof: ORDINANCE NO.l- rrAn Ord inance Amending ity of Ltr e By Adding Thereto Sec An Intersection Stop for Vehicles at the Drlve and Bernal Ave nue' was lntroducec the 0rdlnance Code of the tlon 1221 .1! Provldlng I'o:: Intersectlon of Adellne by Councllman Morgan and glven lts flrs t reading. 435 ORDfNANCE N0. J!2 nRe peallng Sectlon a221.7 of the Ordlnance Codeof the Clty of Burllngame Fnovidlng For. An Inter.sectlon Stop Fo::Vehlcles At the Intersectlon of Vancouver Avenue and Adeline Drivetr was lntroduced for flrst neading by Councllman Morgan. Councilman Lorenz expressed his concurcence with the recornmendatlonof the Eealth, Safety and Trafflc Conmlsslon that city-owned lotsbe posted to restrict parklng between the hours of 9:00.A.M., arlcl 6:00 P.M., and that legislatlon be so enacted. The Clty Attorney advlsed thst an ordlnance would be available forlntroductlon at the next regulan meetlng of Councll . 2. PARKTNG LCT .ADJACENT TO LTBRARY Councilrnan Johnsonrs lnqulry concerning the status of the property adJacent to the Llbrary, lnltiated some discusslon. Ihe City l,lanagen advlsed that a deflnite poIlcy has not been r.esclvedby the Council; the lssue ls cu:rr.ent1y under conslderatlon on whettler3to nemove the bulldlng o? that lt remaln occupied and the income re talned . Councllman Johnson expnessed hen per.sonal the Clty to a better advantage lf 1t were facl1lty. oplnion that It would serve eonr,'er ted to a parklng Councl-lman Lor.enz, r.ef err.lng to the $l+00.00 nontbly rental lnlttally recelved, suggested that the property be retalned ln lts present status and that lt be referr.ed to a rental agency to continue fuI1 occupancy of the bulldlng. Cor:ncilman tlorgan recalled that the property was purchased expressly f or" Llbz'ary expanslon purposes; that in the lnterlm, and because of an acute par.klng problem ln the area, it was considered. for anoff-street parklng facility. Councl-Iman l{antln r"epor.ted that the Pa::king Dlstr"lct f or.ma tlon ls near:lng completlon and suggested that actlon be wlthheld for a perlod of tlme or untl1 it ls announeed that the Pa::klng Distrlet 1s a re a11ty. fn reply to Cor:ncl1man Johnsonrs inquiry, Councilman l{artin explalnedthat the ].ot ls wlthln the boundarles of the Dlstrict and lf success- fu11y fonmed, the Par"klng Dlstrlct sha1l assume the responsibllltyfor i.ts improvement and lts malntenance untll such tirne as the City deslres the pr.operty for Library expansion purposes. Mayor Byr"d, concludlng the dlscusslon, stated thet the expanslon of the Llb::ary ls foroseen ln the future and ln his opinion, "lt was a good I hoJ-d lng-actlon r to acqulre the Bellevue Avenue property at the tlme of its pur.chase.n Mayon Byrd recormrended that the pnoperty be retalned ln lts p:resent status to airold posslble encumbrances should the Parklng Distr,lct f or.mat lon be successful. Councllnan Morganrs lnquiny concerning ttre revenue recelved from the sales tax for the first yean period, was replled to by the Clty Manager, who advlsed that a total of q'631,9O5.72 had been recelved; a sum less than that estlmated. The Clty Manager was requested to ascertaln the salvage value of the bullding and its contents. .,SALES TAX REPORT 436 Councllman l'lorgan announced receipt of complalnts of pensons rldlngblcycles on sidewalks and questioned whether an or.dlnance ls lneffect to contnol the operation of bicycles. The Clty Attorney advlsed affirmatlvely. The City Manager advisedfurther that the or.dinance provides that lt ls trr:n1awf ul to rlde o::cperate a blcycle 1n any of the buslness sectlons of the City.n I,1r.. Fned -E. Anderson, l5l+5 Howar.d Avenue, related hls personal knowledge of an accldent caused by a nlder operatlng a bicyqle ona downtown buslness street and urged that efforts be expended to enforce the provlslons of the ordinance. M::. Anderson reportedthat the po1lce were uncooperatlve and discourteous rhen he reported the lpcldent. Rowland Dlppel, momber of the Health, Safety and lbafflc Commisslon advlsed that the subject ls ln the process of revlew by the Cosunlsslon and steted that the current or.dingnce Coes not stipulate who sha11 enforce the pr.ovlslon. The subject was dlrected to be thoroughly explored by the Eealth, Safety and Trafflc Commlsslon and by the City Managen. Councllman Mantin referred to his recent attendance at a Pollce Sehool graduatlon ceremony, on whlch occaslon lltg[way Pat1o1 Corr-,rals s loner Cr.Lttendon addressed the graduates on the subject oftrPub1lc Rel:tions.n Councllman Martin suggested that the Clty Managor dlrect the attentlon of the Chief of PoJ.Lce to the incldentreferred to by Mr,. Anderson. a Councllman lrlorgan questloned whether an ordlnance r*as ln effectprohlblting the mowlng of lawns befone 10:00 orclock on Sunday mor:nlngs The Clty Attorney neplled negatlvely and tbe Clty Msnagsp lrst ::equested to ascertaln whether other cltles had a slmllar ordlnanceln effect. l+. PERSONNEL SURl,4gY CLASSIFTCqTION REPORT In nesponse to Councilman Lorenz rs inquiry concernlng the status of the r.ecent personnel classiflcation su::vey, the City Manage:r advlsedthat a prellm!.nary report ls antlcLpated uithln the week. ). .qTUDENT 3O\TER}N,{ENT DAY In ::esponse to Councllman Joh:rsonts Lnquiry, the City Clerk advlsed of a confllct on the day selected by both the students of Burlingame Hlgh Sehool and Mercy Etgh School ai nstrrdent Government Day.n Cor:ncllman Johnson recaLled that the moti.on to particlpate stlpulatedthat a day be resenved foir each group of the s tudents. Councllman }lorgan volunteered to confen with the students of Mercy High S choo1. 6. PRI}MOSE ROAD P.1RKINC LOT Councllman l'lartln referred to a memo recelved from the Clty Manager on the purchase of the Marlanl- propenty on Primrose Road, adjoinLng the property owned by the Clty. 437 A motlon was ther.eaf ter lntr:oducedClty Hanager engage the servlces ofverlfy the purchase price, seconded unaninousIy carried. PROCLAMATIONS by Councllnan Martin that a competent appralson to by Councilnan Morgan and the Mayor Byrd proclaimed Aprt1 111, a9 62 , as PAII A}IERICAN DAY and the week of Aprl1 8, - April Ll+, 1962 as FAN AI"ERICAiT WEEK. Councilman Lorenz moved that the Council- adJourn in respect to the :nemory of Gordon Hess, former Mayor and Councilman of the City ofBurlingare, who recently passed in death and that members of the Hess famlly be so notified, seconded by Counc ilrnan Johnson and unanlmously car.r1ed. Respe ctfully submitted, IERBEBT K. WHITE, City Clenk DDD N]TEAT\ . AIID-REhI C. BTRD, I{ayor. /^ur/-,'r-,' 6, G4.4 Time of adjournment: 11 :35 p.rrt. M