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HomeMy WebLinkAboutMin - CC - 1959.11.0432 Burllngame, Nove rber Callf o rnl a 4, 1959 CALL TO ORDER An adjourned moeting from the regular meetlng of I'lovember 2t L959, vras held on the above glven date. ideetlng called to order at 8:OOp.!. - i{ay or Johnson in the Chair. PLEDGE OF ALLEGIAI{CE At rvord from the Chalr, ali the Pledge of Allegiance to ROLL CALL Present - Councl lmen: Absent - Councl l men: Councllman l{organ, excused. ln the Counci I the F1ag. Chamber aros e ard gave Byrd -Johnso n-Ro oth-Thaye r Morgan absent r)ecause of a previous c omnd. tne nt , was IIIIARINGS 1. ryIO HCUR IARKI}'IG P:10P0SED FOR PALOI"IA A]trEI'IIIE BETY'EENLI'IIT'I BROADI:IAY AND CARI{ELITA AVENTIE Mayor Johnson announced that thls was the tlne and tho place to conduct a publlc hearing on a petitlon received by resldents on Paloma Avenue between Broadway and Carmeltta Avenue, re.uesting a two hour parklng llmitatlon. A letter dated September 4, J.959, from tiee Ctty Manager advised thatlt was the recommendatlon of the Pollce Dopartment and the Offlce ofthe Clty Manager, pursuant to investlg&tlon, that Iegislation be dlrectecl to stabllsh the two hour parking llmits on sald s treet. The matter having been r:efemed to Lhe HeaLth, Safety ard Trafflc Comm!.sslon by tire Councl] at the tine the petitlon was submitted to Council, September 7, 1959, an excerpt was read, from the Com- mlssion mlnutes of Octobor B, 1959, advising ln part ....."After further dlscussion, this Commlssion recommends the follov:Lng: Inasmuch as the Dlrector of Traffic has studled tlre problem, we su8gost that a 9o-day iz-hour Parking Zonetr test perlod be put lneffect imnedlately on the 11OO block of Pal oroa Avenue, between Broadway snd Carmellta, and worklng tcfvard parkLng on one slde only lf the conditlon warrants such actlon. Furthenore we recomrrendthat park lng lanes be painted as a gulde for parklng cars." Reference was also made to the petitlon submltted to Councll at ltsregular meetlnrl, Sepbember' 7, 1959, bezrrlng the sl q'natures of twenty- two property corners and resldents on Paloma Avenue betwoen Broadrvayard CarrE l- 1ta Avenues. Mr. Wllrlam D. rlandlos, l-116 PaIoma Av6nue, spoke s r.ran for tLr e petl- tioners, at the roquest of the Chair, spoke br16f1y on the proposal and urged that the Councll lnstltute lmmedlate action. Soeaklng agalnst the proposal, lttrs. Charles Kunz, 1151 Paloma Av€nue, questioned whether tenants reslding ln apartment s may J-egally slgn apetltlon Ln opposltion. Upon being advlsed by the Clty Attornoy, thro ugh the Chalr, that there are no Ic gaJ- requl-rements ln thisinstance, Mrs. Kunz requosted that action be deferred by the Councll pendlng the submlssion of a petltlon lrom opponents. Iihs. Kunz stated that the lirLitatlon would impose a hardshlp upon the apartment house t enants . ilr. Handfos, in reply, advlsed tnat tne majority of the petltloners favorlng the flmitation are apartrrent house osrne rs and apartrbnt occupants have requested the two hour l-lmltation. 33 Councllman Byrd stated that he had no facts; however, he uas concerned rlth agaln be delayed. Councl lman Thayer sulgested that the mented, at the terninatlon of whlch, Mrs. Kunz. obJection to hearing the request that the addl tl onal hearlng 9o-da1r t est a petltl on perlod be experl - msy be presented by Councllman Rooth ad.riseC that from con'.rersetions with the merchants and th6 employees who aro employed on Broadsray and wlth the Prosident of the Broadway Developmnt Assoclatlon, crltLclsm s'as 1eveIled at the Clty for lts fallure to pnovlde facllltles for the rrerchants, employoes and tnucks to pmk. Councllman Rooth further advlsed that other clalms have been advanced, indlcatlng that a complete 1n- vostlgatLon and study ls necessary and advls6abl-e. In response to the ,lhalrrs invltatlon for further comment fromprotestants, Mrs. Steve OtBrlen, 1105 Palona Avenue, entered an objectlon on behal-f of the tenants of her apartment. I{r. Hand}os, airain speaking ln defense of his proposal, stated that tue property owners are desLrous of nclearing the congestloni and in the oplnlon of the petltioners, the proposed l-lnltatlon would allevlate, rather than agrlravate, trafflc problems. The Clty Manager, in reply to Councl 1 request, advlseci that hls recom'nendatlon to establLsh a two hour parklng flr"cit was based on several phases: that 'aL1 day pa.rkers should not. expect to park too close 1nn and ithe rlghts of the property ovvner should be pre- served. " ?he Clty Manager stated that consideratlon was also qlven to the fact that the change may encourage mor6 shoppers on Broadway. Councllman Rooth advised that his convensatlon y,,1th the President ofthe Broadway Developrrent Assoclatlon occurred at a recent ne 1)tlng of the Councllrs Off Street Parklng Commi.ttee, at whlch tlme th6formatlon of two dlstrlcts ras dl scussoC and the Assoclatl-on Prosldent was thereafter appolnt,-:d to lnvegtlgate the possibiltty of aco-ulrlnpllots ln that aroa for: off street parklng faclllties. !'olIov:lng fllnther d lscusslon, the subJect matter was referred to the Clty Manager wlth instructlons that his offlce subrait a 'rsolLd' recommendat 1on. Councllman Byrd moved that the hearing bo continued urtil the nextregular meetlng of the Clty Councl1, November l-6, l-959, secondedby Councll:nan Rooth and unanimously carrled. 2. ANI'IEXATION'rLAI'IDS oF FIR-LLAI{ CoMPAllYrr I[ay or. Jobnson announced that thls wasto conduct a hearing on the proposed as rrf,ands of Fl,r-tean Company. i the t lrE and annexatl on of the pLace scheduledproperty deslgnated There belng no protests, either ln writlng or verba11y, CouncllmanByrd lntroduced for flrst reading,ORDINA]iCE NO. 706 'A ppr ovlngAnnexatlon to the City of Burl lngame of Unlnhabited ContlguousTerritony Deslgnated As rLands of Flr-Lean Companyr.t COi'IT,{UNTCATIONS I APPEAL RE: AECLASS]FTCAT] ON PROP:.]RTIES ABUTTING PENINSULA AVENI]E A communlcatlon dated Oetober 27, 1959, was read from frene Gough, L529 lf,Ilndlng Way, Be lmont and EuFene C. SLgnarowTtz, 267 Eaton Road, San l{ateo, appoaling tho declslon of the PlannLng ComrnlssLon 1n ttsdenlal of an applicatlon submltted to reclasslfy the real proprtyon Penlnsula Avenue, from Dwlsht Road to and includj ng An:nde1 Road,from an R-I Dlstrlct to an R-6 Dlstrlct. A communlcation dated October 29, 1959, was read Commlsslon setting forth lts reasons fcn denylng from the Planningthe nocl as s lfl cat lon. 84 A l-etter dated October 30, 1959, was also read from the City advising that Sectlon 1912 of the City Code reoulres Councll time and place for hearing upon sald appeal. A public hearlng F,,as thereafter scheduled to be conducted atregular meeting of the Council, November 16, 1959. Manaqer rto set a the next one -advi s ed 2. ORD]NA}JCE REQUESTID TO COI,{BAT TNDECENT LTTERATURE A comrnwricatl on datod October l-9, l-959, was read fron Floyd E. Jen-nings, Secretary, Burlingame .)ltlzens for Decent Llterature, request-ing the enactment of a loca1 ordinance to eorbat the distribution and sale of indecent l"lterature ln the City of Bu.r1lngane. Councilman Rooth stated that in his oplnion, the enactment of a local ordiaance would be superfluous j.nasmuch as the subject 1s adequately provided for ln a seetlon oi the Callfornia Penal Code. ldr. Jennings, in attendance, spoke of the excellent cooperation recei.red from the J-ocal police departnent; however, sore difficulty has been experienced with the "smoke-shopn typ. of bookstand. Mr. . Jennings stated that it was the oplnlon of the petitioners that som6action taken at the rlocal le'..el would insure effectirre enforcement. F oJ-lot'ing a brief discussion, the sub ject was referred to the CltyAttorney and to the Ctty Manager for conference with the Chlef of Police and a report renderod to Cotuicll at a later date. I{r. Jennings aovise<i that a detail-ed flle was avai l-able for perusal . The City Attorney advised that eontrary to a rumored. report, he wasnot ln l.h e process ol preparini! an ordinance on tire subJect in questlon. 5. PBOPOSED LEASTNG 0,E DIIMP PiiOPERTY FOR SHOOTTI,IG CLUB A letter dated October 29, 1959, was read from the City lrlanager r vri throference to a comnunication addressed to the Clty Council- from JosephA. Gai-1igan. A,.torney, representing the Bu:r1lngarrc -rli l-f sborough Shootinn Club, requesting the preparation of a lease to operate thesirootlng ranEe on clty property at the city dump. The City Iranager recalled that at a Counci1 study session it wasindicated that the Council- vrould grant the organization a trialyear lease on tie rani:e property and that tire City Attcrney hasthat the lease may be availabfe by the end of November. Councj.linan Byrd recalled that a prevlous understanding outlined throespecific uses for the shooting range: (a) its use by the PoLice De-partment on a dal1y basis; (n) fts use as a youth activity under tho sponsorship of the Police DeparttrEnt on Saturdays and Sundays, and(c) lts LlS€ as a part of the Recreation program for the City. Questioned by the Councl1, the City Attorney advlsed that ln conferri.nq wlt h the Clty i,{anager, xtany factors were taken j.nto consideratlon:1ts primary use by the City; the possibllity of renderlng it ava11ab1eto other 1aw enforcenent agencies (Sirerlff rs Olfice, State Hl rJrway Patrolmen, etc.); and whethrr lt shoulC bo divorced f?om the clty andleased to a tenant. ft was the City Attornoyts surgestion that theproper.ty be leased for a perlod of one year, with specilic stlpulationsset forth. The City Attorney also recalled that the shootin€r ranqe camo intoexlstence by reason of volunteer contributions both in surns of cash as well as by manual ald sklfled labor; hovyever, the Councll has notestablished a definite policy on the functions and ope ratlons of thefac11lty. At the conclusion ol further discussion, Council-nan Rooth was appointedby the Chalr to eonfer with the Clty Manager and the City Attorney on the subjeet and that ldr. Ga11i,3an and ti-r e reirbers of the Burlingame- ilillsbor.ough Shooting Club bo notified that the nstter is under con- siderat ion artd study. ts5 4. DOI{]{ELLY AI./ENU.B PALOMA AV}]NUE REPORTS RE OI'IE-I'IAY STRBETS A report was read from tne Clty ivlanager, dated October 29, 1959, 1n reference to Council request to investlgate the use of Donnelly Avenue and Paloma Avenue as one way streets. The report advised that an investlgatlon lndicated thst the present deslgnation of the streets as ttone wayn r€nders lnore advantages and l-ess dlsadvantages than redesignatinl lt as a two way street. CounclLnan ilooth moved that the Counrll concur inthe recomrendation of the Clty Manager concernlnq Donnelly Arrenue and that the Paloma Avenue reconlEndatlon be included in the forthcomlnr Broadway trafflc report vrith a reservatlon that there may be other reconznendatl ons from the Councll Cff Street Parkinir Comnittee. The rnoti on vras seconded by Councllman Byrd and unanlmously carrled. 5. ]i{CREASEJ] TdtiCE HEIG}IT NORTH END VILLAGE PARK AUTHORIZM A communlcation dateal October 30, 195.?, was read from the City Idanager, concerning the roquest of P. R. Gannon, l-536 Eastmoor Road,that the hel,;ht of the Burl ingame Vlllage lark playground fence adjacent to hls property be increased to el-lmlnate the baseball-hazard. It was the recon,nendation of ttre Jity Manager that t Lreheight of the fence be increased during tne basebaLl season thisSpring, from funds.that may be availabl-e at t hat perLod. A moLlon Lntroduced by Councllnan ;looth that the sum of $460.00be expend.ed from the Park Fund falle<i for the lack of a second. CouncLlman Bof the Clty carrled. yrd moved ,ilanager, that the Council concur wltn the seconded by Councilman Thayer and re comre rd atlon unanl lously 6. ADDIT]OIIS TO RECREAT]Oil BUIIDlN; AI]THORIMD A comnunlcation dated October 28, 7959, was received from the CttyManager, together wlth a prlnt for the proposed addltions to the Recreation Departrrent, prepared by the architect, hlr. llric Ho1n. The City ],{anager recomrrended that the Council approve the proposedadditlons and direct that fi nal working drawings, detalled plans and speciflcations be prepared by the archi"tect. A corununlc2tion dated November 2, 1959, was acknowl-edeed from John Mackesy, Chairman of the Recreatlon Commission, indlcating that the Conrmission has recomrended the acceptance of the additicns to theRecreatlon Bul1di ng. Councilman Byrd moved that the Coulcil concur with theof the Clty ivlanager in general and ln detall, seconded Rooth ani unanimously carrled. re c omn endat i on by Co:rnc ilman 7 DISPOSAL EXCESS FOOTAGE OI,D BAYS}IORE HIGHITAY A comnunlcation dated October 29, 1959, was read. from t i:e CityManager, reclting previous actlon taken by the City concernlng theestebllshment of the elghty-four foot roadway on the OliI BaysnoreHlglrway and the intention of the city to riispose of the excessfootage. The City llanager advlsed that a t itle examlnation revealedthat the property, abandoned as a State highway, had reverted backto the orlglnal owner, Ansel Easton, or hls helrs. The City Manager further advised that the heir.s of ftlr. Easton haveindlcated thelr w1111ngness to quitclaim thel:" interest in the entlre125 foot strlp on conslderation that if the property is sold by theCity for purposes other than municlpal, the hel.rs shal-1 recei.,L fraffof the sum for which lt was sold. ft ra,as the recomnendatlon of theClty lda11sg6r that the Councll approve and dlroct trle preparation of1ega1 doc une nt s. Considerable discus slon arose on the subject. lkr. Georqe Keystone,Jn., oviner of property on the Old Bayshoro Highway, i.n attendanee,advised that monles fr.om the Keystcne Properties have been retained1n excrovr since an offer was submitted to the City to purrcLree theexcess footage, approximately two years ago and his coralany isdesirous that the matter of the tltle clearance be resoivei. 36 In reply to Council inqui.ries, the Clty Attorney ad.vised. that there ls a l-aw suLt pendinr. between the Paclfic Gas & .rrlectric Company and theheirs, ln which the City is alloged to be a party thereto. ft was the suggestlon of the Clty Attorney tha.t the Councll appr:ove tho proposltlon presented by the helrs. Councllman Byrd thoreafber moved that trre Councif concur with the rocom- mendati on of the Clty idanager and that the Clty Attorney be anthonLzedto prepare appr"oprlato leaal documents. The motion was seconded by Councilman Rooth and unanlmously carrled. 8. PARK AND RT]CREATIO}I SITE DEI/ELOPI{ENT A communLcatlon d ated October 29, 1959, was road from the Clty ivlanager, submittln5; a request from the Park Superlntond.ent that he be pe mltted - to expend $1 ,OOO.OO from the $IOrOOO.OO budgeted und6r ftem D-95 'iParkand Recreatlon Slte Devolopmentt for tne purpose of developln;3 the nonthhalf ol the City-ovrned area at the Dump. CouncLlman Byrd advised that he was ln recelpt of a request from }1r.Albert Horwltz, a ttei?ber of the cltLzens rBuelLngame Shorellne Study CommLtteon that action be postponed pending a report from that comml.tteo. In a brlef dlscussion that followed lt was determlned that the requestof the Parl< Superintondent to grade, l-avel- and generally funpro ve thesoll would ln no way conf iict y,.i bir the study being conducted currentlyby the Shorellne Com.:lLttee. Councll-man i3yrd noved that the CounclI concur with the recornnendatlonof tle Clty Manager srd that the Park Suportntendent be autirorlzed to expe nd asum noi to exc€ed $IrO0O.Oo. llhe notion was seconded by CouncLLman Rooth artd unanlmously carrled. The Councll reconmended that the Clty Manager and the Park Supenintendont confen wlth mombers of trle ShorelLne Comrflttee. 9. SAN IyiATEO COilNTy IyIASTER PLAI{ A communlcatlon fnom the P].annlnq Commlsslon, dated October 29, 1959, recomme:rdLng that tire Councll approve the General Master P]an of tho County of San Mateo, copies ol whlch were submitted to Cor.rncil on aprevious date, was concurred ln on motlon of Councllman Rooth, seconded by Councllman 1trapr and unanlmously carr'led. 10. CIVIT DEFEN.SE DIRECTIYE ACKNO\IILIJDGED A communlcation from the 0fflce of Clvl1 Defense, dated Septemben 29, 1959, concernlnq a dlrectlve, to be apclled ln the occurrence of lncldentsarislng from abnorma] natural causes anrlpertaLnlng to Federal asslstance, wes recelved, ac]<nov.'ledqed nad placed on fl1o. RESOLUTIONS RESOLUTION N0. 95-59 "DECLARII'IG Noxious ard Dangerous lteeds a Nulsance" and schedullng December 7, 1959, as the tlme for public hearlrg, was introduced on moti on of Councl1ran ilooth, soconded by Counci Lnan Byrd and unanlmousl y carr ied on rol-I call of mernbers present. ORDINANCES - Consideration of ORDINANCE NO. 7O4 f,Arendln g the Ordlnance Code of the City of Burllngame By Addlng the Job Classlflcation of f Drl 11 i{astort To ,lv islon f of Sectlon 825 of Sald Code and Provldlng for the Compensatlon of Sald Classlflcatlon of rDril-1 Mastert we.s glven its second readlng end on motlon of Councilman Rooth, secondod by Councilman Byrd, sald ordL- nance p€rssed lts socond readlng ard was dopted by the foJ-lowing vote: Ayes: Councllmen: Byr d - Johnson -ito ot h-ThayerNoos: Councilmen: None Absent Councllmen: ]ilorgen 6t ORDINANCE N0. ?O5 uchan was qiven its second read in{_I seconded by Councllman Byrd, said Ordinance passed lts secon<i readlng and was adopted by the following vote: the Name ldaynard Road to Cowan Road' anii on notion of Councilman Rooth, Action on the proposed on Subdiv js I on l{ap }Io. receipt of-doeumonts. Ryrd - John s on-Ro oth-Thayer None Irlorgan aband.onment of a Sewer Easement as indlcated5, Burl ingane Park, s,,as postponed pen.ling Ay6s: Noes: Ab s ent CouncLlmen: Counci lmen; Councllmen: CCididl]NICATI ONS r. nESrilNATrcN GETIEVTEVE PlIltLAN, iXCREATroli COMI{IS l0}{ ivlayor Johnson announce<i rece1pt of a c ommuni cati on from Mrs. GenovLeve Phelan, submltting her resignation as a nErber of the Recreatlon Com- mission. Councifman Byrd mov ed that the reslgnation be accepted wi-th genuine r:egret and tha t a. conmunicatl on be <ii rected t o hIrs. Phelan approprlately expressing the appreclatlon of the Councll- for her outstandlng servJ.ce to the City of Burl ingame and the communlty. The motion was seconded by Counci.lman Thayei. and unanlmously carrled. 2. }IOTTCE TO VACATE PAiIKING LOT OIJhi pple ) A memo to Couneil from Horton Yr'htpple and S. K. '.",?ripp1e, advised that the month to month tenancy for the use of the parkinn 1ot atthe southeast corner of Prlmroso Road and Donnelly Avenue, o'*nedby the tllhip:le s, sha1l be termlnated and the Clty notlfied to r emove from said prerrises on or before December 5, l-959. The memo was ac- knowJ-edged and placed on f1le. UN,F'I ITf SHED BUST NESS ABANDONI,E}fiI SEr,',ER EASEI/IEIIT }{AP SUSTI/ISTON NO. 5I REPORTS A},II{OU}ICEIfi{ TS The Jhair acknowledged minutes received from tire Pari: Commisslon and the Planning Commlssion and. a report from the Dbpartment. of Publ-ic ltiorks. The Chalr al-so reported on her recent attendance atthe San Mateo County Corincil of I\{ayor s meetj-ng pertainlne totunllorm Front on I{atters Concerning Llunicipa}ities.'r I'IEi BUSINESS CounclLman Thayer recommended that tIE Planning Comrdsslon reviewthe current zonin,l ordinance concerning a posslble arnendment theretoto incnease the helght llmltation of bulldinqs wlthln the City of Burl inga:.e . AD JCTTRNI,[d]iT Councll-man Byrd moved that the Counci1 adjourn Ln testimonlal to Mrs . Genevieve Phelan, wi-lo served over a f onq periocl of t 1me as a member of the Recreatlon Commisslon and that a ecpy of the mlnutesbe forwarded to htrs. Phelan. The &otion was seconded by Councilman Thayer ard unanimously carri ed. Tlne of a<l journment 10: 50 p. :n. Respe etfulJ.y s ubnitted, erbert Ci ty "ihi : e APPRO'TED: / l,{ayo CIe rk