HomeMy WebLinkAboutMin - CC - 1959.09.081
PTEDGE OF ALLEGIANCE
At wond from the Chaln all In the Councll Chamben arose and gave the
Pledge of Alleglence to the FIag.
ROLL CALL
hesent - Councllnen: Johns on-Morgan-R oo th-ThayerAbsent - Councllmen: Byrd
Councllman Byrd, absent fi:om the Clty, was excuged.
MINUltsS PREVTOUS MEBIING
CALL TO ORDER
A regular. mee tlngglven date. Meet Ithe Chafu".
Thene belng no objectlons recelved
Rooth lntroduced for" first neading
3.ANNEXATION OF IIMONROE PROPERTYII
Heaning no protests, elthen
lntroduced ORDINA NCE NO. 702
Mayor Johnson announcod that this was the
a Resolutlon adoptQd by the Clty Councl1,
BunlLngame, Callfonnla
September I, l-959
of
ng
the Burlingame City Councll was held on the abovecalIed to onder at 8:00 p.m., - Ilayon Johnson ln
s ubml t ted
of
tLng or verba11y,
pprovlng Annexation
to
The rnlnutes of the prevlous meeting of August 17, 1959, asto Councll, wene unanlmously appnoved and adopted on motlon
Councilman Rooth and seconded by Councllman Mepgap.
Thene belng no objectlons recelved elther. Ln wr.l
Councllman Rooth intnoduced ORDINANCE NO. 7OO ItA
HEARINGS
1. ANNEXATION OF IICANYON TERRACE'I
Ma-Jor Johnson ennounced that this was the tirne and the place scheduledto conduct a public hearing on the proposed annexatlon of rrCanyon
Tenracerrr a tract of l-and ln Burllnpgview Ter:nace on Summi t Dri',re.
to the Clty of Bur'1lngame of Unlnhablted Contiguous Tercltony
Deslgnated rCanyon Tennacertr for. ffu'st readlng.
2. ANNEXATI'N OF 'IBELVEDENE HETGHTSII
The Chafu. announced that thls was the tlme and the place scheduled
conduct q pub1lc hearlng on the proposed annexatlon of t'Belvedere
Helghts,tt a tract of lend near Kenmar Ter:race on Summi t Drlve.
ln wrltlng or verba.l
ORDINANCE NO. 701 IIA
Annexatlon to the Clty of Bunllngame-.f {I-n l-nhaElt e ContiguousTerrltony Desl-gnated r Belvedere Helghts t[.
1y, Counci.lnan
pprovlng
Mayor Johns on ennounced that this was the tirne end the place scheduled
to conduct a pub1lc hearlng on the proposed annexatlon of property ln
the viclnlty of Adellne Drlve and Hl11slde hive designated the
"Monroe Pnopenty. "
1n u?lting or 'uerba11y, Councllman RoothriApproving Annexatlon to the Clty of
Bu:r1ingame of Uninhabited Conttguous Tennltory Designated tMonroe
Property t rr fon flrst neadlng.
BIDS
SALE OF BONDS EAST MILLSDALE INDUSTRIAL PAFI( TI
time and the place fixed by
August 17, 1959, to open
s)g
bids
No.
The
J. B. HANAIIER & CO.
San Fhancisco, Callfornl a
The bld was nefernedenting the Distrlct,for study and r:eport
For: $530,000 par value 1ega1Iy
issued Impr.overnent Bonds,
Senles 19q9-2, Eas t Ml11sda1eIndustrlal Pank, Unlt 2, fnom
1951-1980 ...C-3fu* per annum
the City Attorney, to the Attorney repres-A. Wllson and to the Asslstant City Englneer
Councl l.
on the sal.e of bonds for East Mlllsdale Industrlal Pank, Unit
2.
followlng bld recelved, was opened and declared as follows:
to
E.
to
COMMUNICATI0I\S
1. EXCHANGE OP PROPERTY ADJOINING CORPORATTON YARD I{ELD }'OR STUDY
A communlcatlon dated September. 2, l9l9t was read from the City
Mana€ler, advlsing that Mn. Charles Huppe, owner of property nor0hof and adJolnlng the Conporation Yard of the Clty, has requesteda realignment of the property 1lnes by exchanglng a smalJ s trlpat the rean of the Cltyrs pnoperty for a sma11 stnlp at the fnontof the applicantrs pnoperty to permlt the latter an orf-streetpanklng are a.
ft was the r"econmendatlon of the Offlce of the City Manlger andthe Offlce of the Ctty Engineer that the Council indlcate ltsapp:.oval. Action was wlthheld for Councll study and r.epor.t at the
next negula:: meeting, Septerrrber. 27, l-959.
2. EARTH HAULING CRDINANCE INTRODUCED FOR PIRST READING
A communicatlon dated September 2,
Manager, dvlsing that a prgposed
composed by the City AttorneY, the
Clty Engineer and slmilan to those
is avallable for Council actlon.
195q. was read from the CityttEartir Hauling Ond lnancetr
Plannlng Consultant and the
ln force ln adJolning clties,
ORD]NANCE NO.ItAn Or.dinance of the Clty of Bunllngame Addlng
12, Part V of the Ordinance Code; Regulatlng
the Haullng of Earth on Publlc Streets and Pnovlding for the
Issuance of Penmlt and the Payment 6f Fees Therefor" was introduced
by Councllman Rooth for ffu'st reading.
REPORT RE: BIDS SALE EAST MILLSDALE PARK NO. 1I BONDS
0
iv 1s on to Ar. t 1c 1e
In response to the 3halrrs inq
advised that the bid subnltted
reviewed and reflects the curr
RESOLUTION NO.
f o!.ssuance of Bonds
was Lntroduced for Paby Councllman }lePgan
r Attorney Ennest A. Wilsont
the J. B. Hanauer & Co.r has been
mar"ke t .
ulry
by
ent
Resolutlons pertalnlng to the sale of the forementloned Bonds were
presented and actlon taken as follows:
RESOLUTION NO. 76.g rrAward i ng Sale of Bonds, Earr wss lntnoduced by
st
Co
ot
Ml11sdaIe
rmci l man Morgan,
h and adopted
us trial ar E; unft No. 2,
who moved lts passage, seconded by Councllman Ro
unanlmous 1y adopted on:eolI caIl.
RESILUTION NO. lL-59 "Approvlng Centiflcate of Completed 'v{ork For -lffieu6.r5andt'ttt1sEstateNo.17''waslntroducedifon passage on motlon of Councilman Rooth, seconded by Councilman I
Morgan and unenlmously adopted on ro11 cal1.
trDetenminlng Unpald Assessments and Provlding
, East Mllfsdale Industrial Park Unlt No. 2"
ssage on motion of Councilrnan Rooth, seccnded
and unanlmously canried on ro11 ca11.
I
RESOLUTION N0. 79-59 "AcceptinaffiteNo.-12'r-
who moved its passage, seconded
car.r"led on no11 ca11.
Assignrnent of Bonds, Mi11s Estate
was lntr.oduced by Councllman Rooth,
by Councilnan Morgan and unanlmously
COI{MUNICATIONS ( Contlnued )
3. MTCHAEL J. MEUSER CLAIM DENIED
nreunlcatlon dated Septembet' 2, 1959, wal nead from the
$
en, advlsing that Mlchael Joseph Meuser has pnesented
350.OO for lnJur'1es sustalned whlle playlng baseball
Aco
Mana
for
city
a clalm
on Cltypark proper.ty.
A necommendatlon fr:om the Ctty Managen that the claln be rejected
and refenred to the Cityrs lnsurance carrlen, was concurrred ln on
motlon of Counc l}nan Mopggn, seconded by C ouncilman Rooth and
unanimously c anr ied .
lt.DISPOSTTON OF DWTGHT ROAD LOT TO DTVTSTON OF HIGIIWAYS
A comnnnlcatlon dated September' 3, 1959, was nead from the Clty ivlgls g..,
advlslng that the Clty Algopney has prepared the appropriate lega1
documents transfeming back to the State Dtvlslon of lilghways property
on Dlight Road, inadvertently rellnqulshed to the Clty of Burllngamb.
A nesolution authorlzlng the execution or the deed was r.ecommended.
EESOLUTION N9. BQ:59 rtAuthorlzlng and Dlrectlng Execution of Deed
to the State of Callfornia to Pontions of Lots 20 and 21, In Block
19, As Sald tots and Block a r.e Shown Upon That Certaln i{ap Entltl-ed
rMap No. 2 of Bur'llngab1es Comprlslng Blocks I and 1l to 22 Tncluslve
and PortLons of Bloc[s 9 to 11 Incluslve, Burlingame, Callfornla rrl
$ras introduced by Cguncllman Morgan, who moved lts passage, seconded
by Councllman Rooth and unanLmous1y carr.led on ro11 ca11.
(PETITION ANNEXATTON PROPERTY CANYON AND EL PRADO ROADS
A communlcatlon dated September h, 1o59, uas read fr"om the Clty
Manager:.r advlslng that a petitlon has been recelved nequestiqg the
annexatlon of a tract of land contelning 2.7 acres abuttlng Canyon
Road and E1 Pnado Road and recommending that sald petitlon be
pr.ocessed accqndlng to 1ega1 procedure. There belng no obJ.ectlons,
the 0ounc11 concur.red wlth the recommerdatlon of the O'flce of the
Clty Managen.
6. REPORT ON STAIRWAY VTOLATION AT 2'01 IIALE DRIVE
A cornnrunic at lon dated Septemben 3, I .qq9, was read f rom the Clty lYgna
advislng that the Clty Attor.ney has rendered an oplnion (copy to
Councll attached ) on the lgsue concernlng the erection of a r+ooden
stalr.way on the westenly slde of a resldence numbered 2501 Hat-e
Dnlve, Burl i ngame .
8€P r
The Ctty Manager: acvlsed t:rat ln conformance wlth the 1ega1 opinlon
wherein lt appears that the unenclosed exterlor wooden stalrway ls
in vlolation, the resldent has been ordered to remove seid stalrway.
The Ctty Attor:ney, ln reonse to Councll request, nender:ed a bnlef
resume on hls lengthly Hrltten report, comrnenting on the technical
complexltieg, pantlculanly with reference to the definitlon oi the
word trstory" contained ln the Cityrs ondinance code and as it appears
ln the clted sectlon of the Health and Sefety Code.
Also ln reply to Councll lnquirles, the City Attorrcy advised and
thereafter read a letter, dated September 2, 1q59, wherein the Bull-dlng
fnspector has notifled the owner, r"r.Rlchard A. Scafire, 2$01 hale
Dr.lve, by letter', that the s taft"way constructlon is contnary and
must be removed.
4
The Buildlng Inspecton, in addressing the Council, advised that thebullding permlt was lssued under: provlsLons of Section 161421 of theState Housin65 Act, whlch, according to his interpretatlon, r.equir:edthe er.eetlon of a second stainway fr.om the top fIoor. The BuildingTnspector fu-ther advised th:t he has r.equested a ru1lng fnom !1r.
Sldney G. Lang, State Dlvislon of Houslng Dlrector. and a reply isanticipated in the near. futu::e.
Mayor Johlson suggested inasmuch as the owner of the property lnquestlon has beon notifled to remove the construetlon, that theCouncll awalt developments and nepont fnom the Building Inspector:pr'lor to the next regulan neeting.
CounciLman Rooth and Councllman Morgan each were of the opinlon that a
t lrne 1lnlt for sald removal should have boen lmposed.
A motlon was ther:eafter lntroduced by Councllman I,torgan that anegistered (return receipt nequested) communication be dlnecteC toMr. Scaf fue, 2507- rale Drive, Burllngame, ordering the removsl of theexterlon wooden stalrway constructed ln the westerly sldeyard s etbackof the residence, pr.lor to the date of the next regular meetlng of the
CIS Councll, Septemben 27, a959. The motlon was seconded br1 CouncilmanRooth and car.rled.
7. GENERAL ELECTRIC COMPANY SIGN VARIANCE GR-ANTED
A communicatlon dated September 2, 1959, rras read fr"om the Clty t'lanager,
advising that the General Electric Company has requested a vanlancefor. the installatlon of a sign to be erected on lts bul.1dlng at 151+9Adrlan Roari, Burl ing ame.
A cornmnnLcation dated Augus t 2r, l-959,
E1ectr.1c Company, subnltting per.tinentfor the vanianee.
read from the' General
support the request
was als ofacts to
The Chair invtted Mr. C. E. MgAlpin, Managen-Operat i on of, the GeneralElectr"ic Company r in attendance, to c omment on the pr.oposed slpqn.Mr.. llcAlpin advised that the Genenal Electric Companyts investnentin the City of Burfingame is substantial and appropr"iate ldentlflcatlonof the property and t he name of the c onrpany ls jus t if led . I\,lr . McAlpln
advised that the proposed sign ls a non-flasi1lng, ned, white and blue
neon s ign.
Councllman Thayen suggested that the subject of slgn varLances be re-
fenred to the Planning Commission for study ard report to Councll.
Councllman Rooth stated that the proposed slgn ls to be erected onproperty wlthln the lndustrial distrlct of the City and in his opinion,lt would not create a nuisance to residentlal pnoperties. A motlon
was thereupon lntnoduced by Councilman Rooth that the varlance as
nequested be gnanted, seconded by Councilmen Morgan and car.rled, with
Councllman Thayen abs talning.
8. AcTloN O}I FTREMAN CALLBACK COMPENSATION REQUFST WITH}IEI,D
A communicallon fr.on the Clty i'lanegen, dated September L1 , 1959, advised
that tae oplglnal resolutlon authorlzlng the payment of extra compensa-tlon to flremen has been newritten to exclude the positlon of Flre
Chlef fi:om receivlng compensation for call-back duty. It was
r.ecommended by the Clty l"[snagsr and the Chlef of tae Fire Depan tment
that all members of the Fir"e Departrent who are requined to r.espond
to off-duty calIs be lncl.uded ln the resolutlon and that said
nesolutlon be adopted.
Councllman Rooth s tated that he was not prepared to vote ln favor
at thls time and in hls opinlon, the pr"oposed ecti on !'ras a
discrlmiatory movernent against those employees, particularly ln the
Departrnent of Publlc Wonks and the Pollce Departrnent, who ar.e requjr€d
to respond to calIs on off-duty houns. Councllman aooth supSgested
that the subject be given consl,deratlon and study.
5
Councllrnan Mongan r.ecommended that the entfue qr:e s tlon of
compensation be neviewed and suggested that a conf er:encewlth r€presentatlves of the Employees l.ssocation and thei'lanagen to establlsh a satlsfactony formula.
over" t 1me
be scheduledClty
Followlng a bnlef dlscusslon, and at the suggestlon of CouncllmanRooth, the Ctty Manager: was instructed to ascertaln (t) frow the problemis nesolved ln other cltles; (e) tne basis and reasons therefor, forthe r.ate of compensation recommended and (3) what obJections, lf any,the ftne Department may have to a study belng made of ove.time
compensation for all employees.
9. PARKING LIIIIIT ON PALOMA AVENUE REqUEST REF'ERRED TO COMMiSSION
A cornmunlcatlon dated September l+, 1o59, was nead from the City
Managene advlslng that a petlon has been necelved bearlng theslgnatures of resldents on t[e 1100 block of Pal oma .ivenue, request-in[ ttrat a tttwo hour panklng" limitatlon be placed on sald-street
between the hou:rs of 9 a:m. and 6 p.m. Tt was recommended by thePollce Department and the Office of the Clty M6n3g6r thrt leglsla-tlon be enacted to establlsh the two hour llmltatLon as r.equested.
Councllman Rooth advised that several objectlons bave been reeelved
fr:om rner.chants on Broadway negar.dlng the pr.oposal and negistering
complalns on the cument lack of faclllties for park:ng. Councilman
Rooth necommended that the subject be refenred to the health, Safety
and lr.afflc CommJ.sslon fon a fur.ther study.
Mp. W. D. Handlos, 1L15 Paloma Avenue, and spokesman for thepetltloners, unged an i'nmedlate decl-slon, statlng that the parklng
lot on the f100 block on Paloma Avenue ls being used aamost exeluslvely
by B::oadway merchants and thelr employees and the,efone Qepr.ivlngthe property owners and their tenants the ru11 usage of thelr dBive-
ways. l,Ir. Handlos s tated that the petltions wene of the opinlonthat the pr:oposed llmltatlon would aflevlate, ratber than aggnavate,
. trafflc eonge s t lon.
Councllman ?ooth s tated that lt was a problem of mutual concern to
both the propenty owner and the menchants and ln his oplnion, a
report from the Commlssl"on would be advisable In thls instance.
Councllman l,Iorgan concurced uith the statements of Councllman Rooth
and recommended that the Clty Clenk notlfy Mn. Handlos of the next
regular meetinq of the Health, Safety and Trefrlc Commlsslon ln order
that the petltlon may be submltted to member"s of that body.
10. REPORT ON CAROLAN AVENTIE STATUS
A memo to Corlncl1, dated September 2 , 1g;g , from the C lty i'Ianager,
render.ed a brlef progress report on the possibllity ol the formqtlon
of an assessrnent dlstnict for the Lmpr.ovement of Carofan Avenue from
Broadway to Toyon hive. The nemo was acknowledged and pr aced on fi1e.
11. KAY ELLrS vs. CITY OF BURLINGAME
A communlcatlon dated September. h, 1959, was nead
Attor.ney, requestlng authonlzation to conmence an
ceedlng against Kay E111s, 12h 0c^ldental Avenue,of Bu-1lngane would become the plalntiff and ltay
from the C 1ty
independent pro-
ln whleh the City
E11ls , the defendant.
Councllman Mongan moved that the City Attorney be so authorized,
seconded by Councllman Rooth and unanlmously earried.
12. REALTY ,{SSOCIATE.q SIGN VARIAi{CE GRANTED
A conununicatlon dated September Bt 1959, was received and read from
Realty Assoclates, Llmlted, requestinp{ a variance to permlt an
overall dimenslon of [0 square feet for a s lgn to be corstructed on
its property at the northeast corner of EI Camlno Rear and Chapln
Avenue.
6
Councilman Morgan moved that the requestissued, seconded by Councilrnan Rooth andThayer abs tai nlng.
be granted and a perrnit be
carlnied, wl th Councl lnan
RESOLUTIONS
The City Attorney r:ecommended the adoption of a resolutlonestrbflshing a rate of per diem wages for specific oceupatlonsand_tnades as appr.oved by the Bullding Supervison of the Countyof San l'Iateo and reviewed by the Clty i{snsgsp.
Councllman Morgan introduced for passage
"Fj.xlr:q and Delermlning the General Raie
Wages " seconded by Councilman Rooth and
caI1.
RESOLUTIOI NO. B1-'9of Pr:e val1lnq Per Dlem
unanlmous Iy canrled on ro11
HI GHWAY REPOBT RECOMMENDATT ONS
Reference was mgde by the Chain to a repont on State i{ighwaydeflclencles, partlcularly on E1 Camlno Real , State Highway RouteNo. 2, i.n the San Bruno, Millbree and Burl lni-:ame area. A recommenda-tlon from the Chain that considerstion be given to altennatenoutes in an eflont to retaln the trees on E1 Carnlno Rea1, was
nefenr.ed to the Chab by t he Counci I..
U}.I TNISHED BI'SINESS
1. LETTER DIRECTED TO ROBERT DEAN, PAEK COMMISSTON APPOINTEE
Refenence was made by the Chalr to the appolnment of Mr. Robert Dean
as a memben of the Park Commission, at whlch tlme the Councll was not
altare that Mr. Dean was a r.egident of another eity. The Clty Clerk
was lnstnucted to express the appreciatlon of the Council fon hlswilllngness to panticipate in civtc functlons of the City of
Bunl lnr arne .
2. OFF STREET PARKING DISTRICT PROGRESS REPOBT
Councllman Rooth, Chalrman of the Council Off-Stneet Parking Distnict
Commlt tee ,date; advl
far. The
Friday, Se
Ernest A.
rsi
Co
pt
wl
endered a brief report on the preliminary actlvlty tong, however, that no committee has been a ppointed thusuncil was advlsed that a meeting has been s cheduled,
erib er 11, 1959, witi-r r:epr.esentatives fror Attorney
lsonrs Offlce, at which time it is antlcipated thatthe assessment rol1s of the business distr'lcts of the City of
Bur.llngame she11 be availeble.
In concl-uding his neport, Councilman Rooth advlsed t l-rat the artlcle
appear.ing 1n a recent publlcation of a 1ocal newspaper on the proposed
parking distrlct plan was orroneous and not to be interpreted as the
pJ.an currently unden cons ideration.
NEW BUSTNFSS
1. L. ilTLBER SMITH DECLINES ADP'II.ITMENT TO PLA}INING CO].{MTSS]ON
The Chair announced recelpt of a communicatlon fron L. Wilber Smith,
expressing regret that business commitments have rendered 1t neceesary
to decline the prlvllege of ser.ving &s a member of the Planning
Conmlssion. The nesignatlon r as accepteC with negret.
2. RESIGNATION CYRUS J. MCMTLLAN, CIV]L SERUICE COMMISSIONER
Mayor Johnson advised that Cyrus J. McMllLan, Chal rman of the Civ11
Servlce Commission, has submil.ted hls reslgnation because of his
intention to move from the Clty of Burllngame. I he City Clerk was
instnucted t o notlfy t"h. Mct1ll1an thet his resignation was accepted
wlth genulne r:egret and to express the aDpreciatlon of the Councll
for his valuable servlce to the City.
7
NEW BIISTITESS
1. STATUS OF TRAFI'IC ON CARIqELITA AVENUE REQI'ESTED
Councllman llorgan advlsed that fror4 lnformation he has recelved,
an investlgatlon of tnafflc problems on Carmellta Avenue ls
war:nanted and reconmended that the subJect be refenr"ed to the :rea1th,
Safety and Trafflc C ommls s 1on.
PROCLAMATIONS
The week of Septenben 7
as UNI0N LABEL WEEK and
NATIONS DAY.
- 1,3, 1959, was proclalned by the Chair,October 2\., 1959, was pnoclaimed as UNITED
ADJOURNMENT
Ther:e belng no further busLness, the meeting wes regularly ad Journedet 10:10 p.m.
Respectfully submitted,
iIITEClty Clerk
APPFOVED:
@,*/'#,
Charlo t t e
Mayor
o on