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HomeMy WebLinkAboutMin - CC - 1959.10.0516 Burlingame, C al lfornl a Octoben ,, 1959 CALI. TO ORDER A ::egular meetlng of the Bu:r1lngame City Council was heldgiven date. Meeting called to onder. at B:05 p.m., - Mayorln the Chalr. on the above Johns on PLEDGE OF .q.LLEGIANCE At word fnom the Chalr al1 in the Couneil Chamber anose and gave the Pledge of Allsglsnce to the F1ag. ROLL CALL Pnesent - Councllmen! BJmd- Johns on-Mor'ga.n-Thayer Absent - Councllmen: Rooth CouncLlman Rooth, absent because of llIness, was excused on motlon of Counc l lman Byrd and seconded by Councllman Thayen. MINUTES PREVIOUS }METING In neply to Councilman Morganrs lnquiny, the City Clerk advl-sed thata copy of the minutes of the last meeting of the Cor:ncl1, which lncluded a discusslon on the sales tax lssue, had not been fonwardedto the Board of Supervisors. The minutes were correcteci to record that such was the or.der and that a communlcatlon be addnessed to the Boandof Super"vlsor:s advlsLng that the omlsslon occurred inadventently. The minutes of September 21, 1959t were ther:eafte!: unanimously approved and adopted on motLon of Councllman BJrrd and seconded by Councllman Thaye:r . MESSAGE .FROM KOMAE, JAPAN Mayor Johnson introduced the Revenend Mynon Henre11, Head Pastor ofthe Flnst Methodlst Chu:rch, Br::cllngame, who recently neturned from a spectal missionary assignment in Komae, Japan. Rever:end llerrell presented Mayon Johnson ulth s ouvenfi:s of th6 trip and a written message of good will and frlendly greetings from the I,Iayor of that Clty. The Chab acknowledged the message glfts wlth appnopr"late wonds. CO}HUNICATIONS 1. R ,IIEST TO OPERATE P.ARKING LCT PRII\MOSE-DONNELIY RTFERRED B TC Pt,{\I A comrrunlcatlon, dated Septernber 29, 1959, was read from Wallace C. C1ank, appeating the decislon of the Planning Commlsslon ln denylng the appl-icatlon for. a special permlt to operate a panklng lot at Pr.l.mrose Road and Donnelly Avenue. A corununication, dated Septerrrben 29, 1959 from the Planning Comrnis- slon, lnfor.med the Councll that a publlc hearlng had been conducted cnana lot at pllcation submitted by Wallace C. Clarkr to operate a parking rlmrose Road and Donnelly Avenue. The conmunlcatlon stated p P that trthe ordinance outllnes lntended to insune thet such and not a nulsance to adJoln or equal sunfaclng pavingr b enclosuro; (b) .3anitany sewe Adequate Llluminqtlon. The had voted unanimous 1y to den assertlon that he was not in of the stlpulatlons. a number of requlrements whlch are lots will be slghtly, reasonably safe ing owners. . .. . . .tt (s') .Asphalt r concrete umpe n guards (lf needed) and proper rs, if-rn atLendant ls employed; and (c) Council- was advlsed that the Cornnisslon y the permlt based on the appllcantrs a financial pos: tion to comply wlth all L7 A communlcatlon, dated Octoben 2, l-959, was read from the Clty l'lanagen, necommendlng that the pr.oposed oper"atlon be expenimented to supplenent the Cltyrs parklng prog?am, wtth the Clty retainlng eontnol of thefuture a.ppearrance of s ald Iot . Mayor" Johnson Eulnounced thst thls was the tlme and the place to conduct a heanlng on said appeal and lnvlted the appllcant, Mp. C1ark, to make hls pnesentatlon. Mr. Clark stated his experlence with sirnllan openations ln othercltles and advlsed that hls appeal was based on four. polnts: (1) Non- Confor"ning Use. Because of the currlent status of tne 1ot as a "non- eonfor.ming use, lt was the appllcant rs oplnlon that his appearance before the Planning Commisslon was unnecessary; (2) Insufflclent reasons advanced to deny the penmlt. The appllcant alleged thatthe Conmlsslonrs reascns to deny the pernit were lnsufflclent; that he had agneed to pateh holes ln the pavement, place potted plants dlstinguishing the bor:adary of the lot and to improve the dr"lveways.I'lr. Clank stated thrt lt was not his intentlon to employ a fuII-tlme ettendant and therefor:e sanltar"y faellities were not necessatty;(3) City to beneflt by prlvate handllng of parking 1ot. Mr. Clank stated that prlvate handl.lng of a parklng faclllty woul d benefit theclty substantlally, saving the taxpayer approxlmately $2r1OO.O0 per"yerr and thst a "tickeb val ldatlon'r system ls gaining popularlty in other clties; (l+) Solution to Cltyts parklng problem. Mr. Clank expressed the opinion that operatlons as pnoposed tn thi s lnstance, would resolve the parklng problem of the Clty and the saving nealized would amount to tthundneds of thousands of dollars.tr In conclusion, Mn. C1ar.k suggested that Bunl lngame menchants rrset up theb oun clty-wide par.klng system, form a corpor.atlon and openate the lots fon their consuners. " There belng no one pnesent to speak in suppor"t thereof, the Chair lnvlted opponents to be heand. A telegnam, dated Oetober 5, 1959, was pead from Levy Bros. Depart- men met the ereref tor.e executives, urglng that toe 1ot be conver.ted into a d parking 1ot, oper.ated by the City and that the revenue derived r.om, be expended for oper.ation and malntenance. A commr:nicatlon dated Octoben 2, 1959 t from the finm of R. J. Bennetts & Sonr Pharmacists, 139O Bunllngame Avenue, recorded lts oppositlon to a validating par:klng 1ot at PnLmrose Road and Donnelly Avenue. A commrrnlcation dated Octoben 2, 7959 , l,ras re3d from Edwar.d R. Martin, PnesLdentr Betten Bur.llngame Assoclatl:n, reconnendlrg that the Councll grant Mr. C1ar.k penmlssion to operate the 1ot on a vaIl- datlon basis, fon a perLod of slx months, wlth the stlpulatlon that lf he wlshes to contlnue, he then be requfu.ed to meet the necessar:y r.equinencnts. It was that Assoslaticnrs oplnlon that the openation wLl1 save the City a eonslderable expendltune 1n rental , po1lce patnolllng and malntenance each yeer. Couneilman ?ha yer. advlsed that word necelved fr"om Sher.r:yrs Llquor Store on Burlingarne Avenue, lndleates that flrm recorunends the instailatlon of panking meters instead of a valldatlon system. Councllman Thayer questioned Mr. Clark regandlng fees to be lmposed, to r*hich lnqulry Mr. Clar.k replled that lt would depend largely upon the volume of cars uslng the faclllty; however, in any case, the fee rrould be nominal . Howard Gundensen, Purchaslng Managen, Levy Bnos. Department Store, stated that panklng meters would compensate for the use of the 1ot and suggested th:t the Clty ascertain fnom the owner whether he would obJect to the placement of parking meters on hls property. Mr. Clank advlsed, in rep1y, that the only equitable sorutlon to pnovlde : faclllty as proposed would be on a validation basls. Councilman Morgan directed an lnquiry to the Planning Advisor, refer- t lng to the statement of th6 Clty r'ranager ln hls letter to Couneil, 18 ".......tire lmpllcation was that lt would have gr:anted the permlt hadthe applleant agr.eed to pave, fence, etc." The Planning Advlson advised that the or.dinanee stipulates certalnrequlremeats and had the appllcant lndicated that the 1ot would beoperated ln accondance rrlth the rules and the nequests of the Plan-nlng Corunisslon, the penmit rould have been appnoved. Mr. C1ank, 1n repfy, stated that ln his oplnion, the stipulations lnthis lnstance were too r'lgld to be pr"actlcal. Mayon Johnson obsenved that the applicant has advlsed of hLs xi1llng- ness to comply wlth several of the requlnements and therefone poslnga questlon whether the Councll should conslden the rner.lts of th6 appeel on that basls. The Clty Attorney advised, in reply to Councilman Byrdts lnqulry,that the Councll may grant the appeal as pr.ovlded in the ordinance,or, as an alter.natlve, the applLcatlon may be re-subnltted to thePlanning Commlssion as a vanlance. The Plannlng Advison stated that if tt ls the deslre of Councll toestabllsh the parking 1ot, the subJect should be refer.r'ed back tothe Plannlng Commlsslon to e xplore the tenms wtth the appllcant. Councllnan Morgan moved that the subJect be referred, wlthout pre- Judlce, to the Plannlng CommLssion for further conslderatlon, seconded by Councllman Thayer and canried. The hearlng was continued pendlng a repont and recomrnendatlon from'the Planning Commlss lon. 2. APPEAL RE: APARTI'MNT HOUSE VARIANCE .4.8C WAY-EL CA]4INO REAI, Communlcatlons, dated September 29, 1919, from Frances M. Wetkinson, ]-![11 Bernal -\venue and Robert C . I,lsysp, 822 Walnut Avenue, were read,appeallng the decislon of the Plannlng Commlsslon in grantlng avar.lmce to erect an apantment at 150fr 1509 and 1515 Ar:c Way. Mayor Johnso. announced that lf there were no obJectlons fr.omCounc1l, the heaning on the appeal 1n the matter. of a var.iance per-mitting the erection of an apartment exceedlng the Cltyrs helghtllmltatlon requlrement would be hel-d on 0ctober. 21 , 1959. Robent Cornellr Attorney, representlng a lar:ge group of opponents,ln addnesslng the Councll , nequested that the hearing be extendedto a date prefenably in November. In reply to 5ounc11 lnquiry, the Clty Attorney advlsed that lt would be lmpnopen to extend the heaning beyond 0ctober 27, l.959, ,lttrout notlfLcatlon to the appllcant. Councilman Morgan questloned whethen the Councll is obllgated by an lnformal understanding to continue the hearlng on October 21 and thereafter moved that the hearing be continued unti1 November 2, 1959 'seconded by Councilnran Johnson. The rrote was r:ecorded as a tle vote:.{yes: Cor:ncl.lmen: Johnson-Morgan, Noes: Councllmen: Byrd-Thayer Mrs. Euge ne Umland, one of the applicants, announced her presence and followlnpg a telephone call to Mr. Umlandr advised that there werre no objectlons to the hearlng being contlnued until November e, 1959. The hearlng was theneafter decl-aned contlnued untll the regulars meetlng of the City Council , November' 2, L959. 3.STREET NAME CILANIE TO IICOI{AN ROAD'I A cormnunication dated september 29, was nead from the Plannlng Com- misslon, advlstng that a publle hea::lng had been condueted on an appllcatlon subrnitted by Cowan Alncraft AssocLates, nequesting that t'hl name of tti4a.-fnand Roidtt be changed to ttCowan Roadrr and by unanimous vote, recomnended that the name be changed. 19 A comndnlcatlon dated October 2, 1959t was read frorn the Clty Manager:, recommending that the necessa:ry legislation be prepar"ed tc effect the change. CouncLlman Byrd moved that the Councll Attorney be lnstructed to pnepane the seconded by Counc l1man lhayen. concr::: and appropri ate that the Cityleglslatlon, A brlef discussLon erose on CounclJ.man Morgants suggestlon that the Clty rYanager Lnvestlgate the po1lcy of other cities relatlveto belng compensated for the ser"vlce. The Chalr cal1ed for a vote on the motlon, wlth the result as follows: Ayes: Councllmen: Byrd-Johnson-Thayen; Noes: Councllmen: Morgan lt.DRILL MASTER CLASSIFICATION F'OR FIRE DEPARTI'{ENT A communlcation dated Octoben 2, L959, was nead fnom the Clty Managen, recommendlng that an or"dingnce be adopted to pnovlde for' the Classiflcatlon of rtDrill Me.sten'r for the .rire Department. There appeanlng to be an erron ln the computation foi ttsecond yeertt compens,ation, the subject was r.eferred to the City tnsr.*"o. 5. DRAINAGE EASEME$T FROM MARGARET S. McROSKEI (Lincoln Avenue) A communlcation dated 0 reconnended that a r.eso eesement fnom Mangaret Stonm Draln lmproveme nt lntnoduced f or: pass age , ctober. 2t 1959 t fnom the City Msnsg6r', lutLon be adopted accepting a dralnageS. McRoskey as pant of the Lincoln Avenue , Ifas concurred in and Councllman Byrd RESoLUTI0N N0. 89-59 rrAcce pting Deed of EEsolqlr0N lro. 90-59 Sewer Easement on Map Bur.1lngame, San Mateo October 21 , 1P!!) was man Byrd, s econded on ro11 ca1I. by CounclLnan Thayer and unanlmous1y carried 9t-59 "A ppr.ovlng i'lna1 Map Entitled tBurlingame Dedlcatlon of Dnainage E@t S. McRoskey, Dated September 29, 1959 r't seconded by Councllman Thayen and r:nanlmcus 1y adopted on no1l ca11. 6. INVITATION TO TOUR SOUTH COUNTY RO.qD SYSIEM .ACCEPTED A memo to Counellr dated October 2, 1919, fnom the Clty i'i4"r*"o, advLsed that the Councll has been invlted tc tour the South County noad system. Counc ilnan Bynd, Councllman Thayen and the City Managen announced theln lntentlon to accept the lnvltatlon. TheClty Msnsg6r? was requested to nespond to the lnvitatlon. 7. S?UDY },IEETTNG TO BE I{ELD IN FUITURE A memo to Csung11, dated October 2, l.959 t from the Clty Marlggsr, submltting a tentative list of toplcs for a proposed study meetlng, was acknowledged and a date for a study session to be detenmlnedln the nean future . 8. H. RTCHARD oIHARA oPPOSING SALES TAX A communlcatlon dated Septemben 28, 1959, was nead from Il. Rlchar.d OtHar:a, President, Supenlon Coach and Ambulanee Sales Co., unglngthe Councll to oppose a pnoposed sales tax for the Clty of Bur1ln- Bame or to place the lssue on the ba11ot for. the electonate todeter.rnlne. The comrmrnLcat l on rras acknowledged and placed on fl1e. RESOLUTIONS rrDeclarlng Intentlon to Vacate and Abandon of Subdivlslon No. ! Burllngame Park, County, Califonnlart /Heaning scheduled lntroduced fon passage on motion of Councll- Manor. No.2rBu::1tngame, Callf onnlat and Directing Executlon of Agneement to Construet Publtc fmpnovements " was lntroduced for passage on motlon of Councilman Bynd, seconded by Councllman Thayer and unanlmously carried on ro11 ca1l. 20 Councllman Morgan advlsed that petltlons clrculated wlthin the Clty by pensons stnongly op::osed to the enactment of a sales tax ondi-nance by the City Council or by the Board of Super:vlsors, irerepresented to Council on thls oceaslon, beaning lhe slgnaiures ofapproximately 2 r)-1,1O, purponted to be residents of the -Clty ofBurllngame and othen cl tles . Councllman Morgan quoted fnom a statement by Wtlliam Werder, Chalrmanof the County Boand of Supervlsors, July 23, 1959, r hereln Mr. Wer"den declaned that he would approve the adoptl-on of a sales tax ordinance so1e1y lf the electo::ate so lndlcated lts approval. Councllman Morgan repeated his previous statements that the lssue be resolvedby the voters. CouncLlman Thayer spoke ln favor of a sales tax, statlng that the County of San Mateo is the only county in the State of Callfonnla,rrith the exception of three smal1 northern counties, that has not aoopted the sales tax. Councilnan Thayen advlsed that she ls 1n possesslon of statlstlcal lnformrtlon lndlcating the amor:nt of revenue being allocated to cltles ln other counties of the State andwhlle the lssue remains r:nresolved ln this county, the anount of revenue may easlly reduce the property tax b:' one half. Councll-man Byrd also spoke at conslderable length, s tating that a sal-es tax was the only means by which to meet the upward rlse ln budgetany costs and to malntain city services. Councllman Byr.d observed that citles ln thls county currently re- ceivlng revenue from a sales tax ane ln a positlon to keep the taxrate low and to reserve addltlonal revenue ln the General Fund. CRDl NANCES None ULT'INTSHED BUSTNESS 1. SALES TAX 2. PETITIONS OPPOSING SALES TAX Councilman Mongan, speaking at some length on the Salex Tax !.ssue,expressed his opposltion to a member of the Council maJorlty groupbeing selected as the Cltyts nepresentative and spokesman ai theforthcoming Sar Mateo Board of Supervlsors meeting on the subJectof Sales Tax, October B, 1959. Mayor Johnson, speaking in oppositlon, concr.u:r"ed with the statementsof Councilman Morgsa that the matten should be r"esolved by the electonate. Mayor Johnson stated that a sales tax would impose undue hardshlp on 'tpeirslonerstr and on young famllles and ln her" oplnlon, was an inequltable tax. Mr. James Hlmrnel, Mns. Gertrude Wa11 and Ph'. Wl111am Roese, in attendance, also volced thefu: opposltlon to the establlshment of a sales tax. A lengthly debate ensued, at the conclusion of which Councll,man l,Iorgan and l{ayor Johns on each lndicated that they would be pnesent at Ifre meetln[ cal]ed by the Board of Supervisons on october Bth. Refenence was made to the petltlons filed on this date bear"lng the signatunes purporting to be nesidents of the Clty of Bun'l ingame and r:eJldents from outslde the conflnes of the City. The C.tty Cler:k was nequested to ascertain the numben of 1oca1 residents whose s lgnati:res appear on the petitlons circulated 'rIn Pnotest to the Enictment of a Sales Tax Ordlnance tsy the City Councll of the Clty of Burllngane and/on the Boand of Supervisors of the County of San-Mateott and to so notify the Boand of Supervlsors through the Office of the CourtY Clerk. 2L NEW BUSTNESS 1. WALTER S. STOKES THIRTY TEAR SERVICE RECOGNIZED Councllman Mongan rnoved that an appnoprlate communicatl"on be dlnectedto Walter. S. Stokes, commendlng },tr. Stokes on hls thlrty-yean servlcees an employee of the Clty of Burllngame, seconded by Councllman BJrr"d and rrnanlmous 1y car.ried . 2. S]DEWALK DA}.{AGE The Clty Englneen was nequested to lnvestlgate a complaint ,tecelved ::egand 1ng a damaged sldewalk hazard on Crescent Avenue, south of Howand Avenue . 3.ROOF HAZARD Mr. Charles Nlchols ca1letll-e rrovenhanglng roof" a ttentlon of the Council to2l[ Broadway, Burlingame. dat1 a danger.ous lr.PETlTlON POR A}iNDGTION (Vicinity Hillstde Clrcle ) A petitLon fon Annexatlon of Unlnhablted Terrltory to the Clty of Bunllngame, subnitted by petttlonsps Cyrus J. and i'larganet A. McMl11an, was necelved end :refenned to the Clty Attorney fon pnoce s s 1ng. (ACK\OWLEDGM,IENTS The Chain acknowledged necelpt of mlnutes from the BurlingameClty Planning CommissLon and the san Mateo County Greater Hlghways Committee and thanked Councilman Thayer and Clty r'ianager Schwalm for thelr appearance as the Cltyts representative at the necent Metropolltan Bay Anea meetlng. ADJOURNI{ENT Thene being no funther business, the meeting lras regularly ad journed at 12:00 mtdnigbt. (Next regular meetlng Wednesday, 0ctoben 2L, L959) League ofMunlclpalltles Confer.ence, October 18 - 21, 1959. Respectfully submltted, Ctty Clerk Mayon M HERBERT K. WHITE