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HomeMy WebLinkAboutMin - CC - 1959.04.06385 tsur.1lngame, Callfornla Apnl1 6, 1959 CALL TO ORDER A regular meetlng of the Burllngame Clty Council was held on the above glven date. Meeting cailed to order at 8:OO p.m. - Mayor" Byrd ln the Chalr. PIEDGE OF ALUJGTANCE At word fr"om Mayor Byrd all the Pledge of Alleglance to ROLL CALL Pres€nt Abs ent MTNUTES be awarded to the 1ow btotal sum of $8,557. oo, the Corrncl l Chamber arose e FIag. and gave ldder, the Bragato Paving Cornpany, in the was concurred ln and RESoLUTfON NO. 20-59 1nth - Councllmen: Byrd-Johnson-Morgan-Rooth-Thayer - Councilmen3 None PREVIOUS MEETING l- The mlnutes of the meetlng of March 16, 1959, subreitted to Councllprevlously, were unanimously approved and adopted on motlon of Councl lrnan Jobnson and seconded by Councllman Rooth. BTDS OAK GROVE AVEI{UE RESIIRF'ACING Blds recelved at 4:OO orelock, p.m. snd publlcly opened ln accordancevulth rrNotlco to BLdderr for the resurfaclng of portlons of Oak Grove Avenue fron EI CamLno Real to CalLfonnla Drlve (MCS f85) rere announced. as follows: O. c. Jones & Son $u,1o9.0o Douglass & IYoodhouso (Retlwood Clty) 8,829.40 Ollven Do SL1va, Inc. 8182s .25 . LorrLe Pavlng Co., fnc. 8,79O.OO Bragato Pavlng Co. (Belnont ) 8,55?.OO F. D. Sperry Co. 9,060.00 Kunz Pavlng Company 91 650. OO Flske, Finenze & Mclean Co., fnc. 9r237.OO A necomrendatl on from the offlce of the Clty Manager, that the bld Authcnl zlng Executlon of an Agreerent ud th tho Bragato Paving Cornpany r was lntroduced by Counc ll-man llorgan who moved lts adoptlon, seconded by Councllman Rooth ard unanlmously camied by ro11 cal-1 vote. 2. CONSTRUCTION I,EFT fi'RN LANE BROAD]I]AY AND ROI,LTNS ROAD In accordance wlth nNotLce to Bidder'f blds neceLved for the Left Turn Storage Lano Constrrrctlon on Br:oad.way and Ro11lns Road, worepubllcIy opened at 4:OO otclock, p.m. and announced as follors: C. J. Wood, Inc. $3 r72'l .OO O. C. Jones & Sons 21685.00 Douglass & Woodhouse 3, O52. OO F. D. Sperny Co. 5,29O.OO 38G Fiske, Flrenze & Mclean Co., Inc. Kunz Pavlng Co. Bragato Paving Co. for pas sag e, RESOLUTIoN NO. 2I-59 tAuthorlzln Lowrle Paving Co., Inc. 21670.00 The Councll concurrod ln the recommendatl on of th6 Office of theClty Manager that the low bld of the Kunz Pavln* Co., ln the total amounl of #21275.OO be accepted and Councilnan Morgan lntroduced $2, g8s. oo 2,275.OO 2, 59O. OO g Executlon of Agree- ment wi th th6 Kunz Pavlng Compaly seconded by Co ,ncilman Johnson and atlopted unanlmously upon ro11 call of menbers. COMLIUNICATf0NS 1. ACCEPTANCE MILLS ESTATE NO. 13 A rocommendatlon frorn the Clty Manager, ln a comrunlcation datedAprl1 2, 1959, that the Councll accept the subdlvlslon of Ml1IsEstate No. 13 as havlng been completed satlsfactorlly, was concuredin by the lntroductlon of RESOLUTION NO. 19-59 'rAcc epting Pubfic fmprovetrEnts Withln lrIil-l-s iistate No. 15, Burllngame, Callfornlaon mot ion of Councllnen Rooth, seconded by Councllman Johnson and adopted unaimously on rol- l- cal-I. 2. AMEND},,IENT TO SIGN OHDTNANCE FOR DTRECTIONAL SIGNS A comnmnicatlon from the Clty lr{alager, dated Aprl1 2, 1959, refernedto a communlcatLon from the Planning CommLsslon (Aprl1 2, 1959) whereLn lt was recommended that an amendment to the sign ordinancebe adopted to permLt, at the dlscrotion of CouncLl, the erectionof slgns 'rupon the publlc way for tho purpose of dfu"ectlon to publlc pl aces . tt It was the recomnrendatlon of the Clty ivlanager that the arrcndtrent proposed by the Plannlng Commlsslon be accepted wlth the exceptlonthat the words rcity englneerrr bo replaced by the wonds nclty manager. n The Clty Manager was arthorl zed to dlrect that an approprLate ordl- nance be prepared for introductLon at the next regular meetlng ofthe Council. 3. OAK GROVEJ STORM DRAINAGE IMPROI,rEIUENTS ACCEPTED A recomnendetLon from the Clty lilanager, in a communlcation.datedApnll 2, 1959, that the linaf Oak irove Avenue Storm DraLnage IrqE ovoment s be accepted as c omplete, lras concurred in on motlonof Counc ilman Rooth, seconded by Councl lmen Johnson and unanlmously carrled. 4. APPLTCATION FOR SIGN VARIANCE SET FOR HEAR]NG APRIL 20 A cornmunlcatlon f ror.r the Clty ndanager, dated Aprl1 2, 1959, advLsedthat the Assoclated Constmction and klglnoering Company, on behalfof the Gonerel Tire and Rubber Company, has requested pe rmlssion toerect a l-2r x LZt slgn during tile course of constructlon of err of-flce and war.ehous e ln the Ingold Industrlal Park, lillIlsdalo. A recornnendatlon from the Clty Manager that tiro rcquest bo set for consldoratlon at the Councll meetlng, Aprl1 2O, 1959, was concumedin by the Counc iI. 5. STATE TO PAY PARTIAL COST LINCOLN STOR}I DRAINAGE IMTROVEME|NT A communLcation fron the Clty Manager, dated AprLl 2, L959, advj.sedthat negotlatlons wlth the State Dlvls l on of Higbways, through the Office of the City Engineer, has r:esulted ln the Clty obtalning theStatets consent to render financlal asslstance to Easton Creek.)ralnage structure improvoments across State Highway. 9at')ejl I f R!;SOLUTIOI{ N0. 22-59 rrAuthorl zi ng and Dlrectlng Execution of Agree- ment Itlith State Dl''rls ion of Highways to fmprove Easton C:reek Dralnage Structure Across State Hlghway'r was lntroduced by Cor:nc11- man Thayer, who moved i.ts passaae, seconded by Councllmen l,{organ and unanlmous 1y adopted on ro11 ca1I. t)PROPOSED TRATT'IC CIIANGES ACCEPTD A communicatlon from the Ctty Manager, dated April 2, 7959, advlsed that pursuant to in-,estigatlon and s urvey inltiated by Councll request, the f o Il-ow lng traffic changes were recommended.: (1) fntersections of Howard. Avenue and Park Road and Howard Avenue and Primose Road be converted. into rrf our-way stops; " (2) A crosswalk across Park Road b6 establ-ished at the locatlon adjacont to theparklng 1ot on Park Road; and (5) Parking on the north side of Broadway from Rollins Road be prohibited betweon the hours of 4:OO p. ra. and 6 : OC p. n. The CIty Manager rvas au.thorrized to direct that pr ope r: leglsJ-ation be prepared. 7. SAFETY lli{PROVE A comrunlcation from the Clty Marrager, dated April 2, L959, advlsedof a conference held wlth trafflc engineens fro rn the State Divlslonof Hlghways, the Chief of Pofice and the Clty }danager, relative to improvlng the safety of th6 intersectlon of EI Camlno Real , Prlmrose Road, Bayswater Avenue, Cypress Avenue arr d Carol Avenue. The Council was advLsed that the State has lndicated its w11llng- ness to lmpr orre the intersectlon by (1) paintlng the crosswalksy6l-Iow; (2) adding another slgnal- head; and to (5) glve consldera-tion to changing the signals for motorists approaching on Carol Avenue and Primrose Road to move on flashing yellovr to glve thestreets at rlght angles the prlori ty of movlng on green. Councilman Thayer moved that the Council endorse the proposecl plan as offered by the State and that the City Manager be requested to so ad.vise ilighway officlals. The motLon was seconded by Councll-man Johnso n and unanlmously carrled. B. PROPOSm REVTSI0N 0E EqlrDrllq CODE (r{EARI}{G 1,lr4r l.B, 1s0e) Communications from tile Clty Mana6ler", dated April 3, 1959 and Planning Commission, dated Apnil 2, f959, were read concerning proposed revision of tLre current Bullding ilode of the Clty toincorporate tie l95E Edi.tlon of the Uniform Building Code with few Local ame&lment s ad.ded thereto. tLr e the a The c ommunicati. ons advlsod of the nu Drous conferences hel-d with departrEntal- and building trade repre sentati-ve s to conduct a studyof the 1958 Bull-dlng Code as r ec onun€nded by Councllman Rooth in hLsreport to CounclJ-, dated october 2O, 1958. A copy of the proposed ordi-nance, reflecting current buildingpractices in the Clty of Burl lngame anC provlding for certaln lmprovenents was submltted to CoLrncll for consideration. The Clty Attorney advised of the appr.oprlate Iega1 proeedure topursue to enact the proposed legislatlon and was aut}.orlzed there-after to propare an ordlnance for lntroductlon at the next regularmeeting, Apr1l 2O, 1959 and flnal adoptlon at a pub1lc hearlng, schedul-ed May 18, 1959. 9. FREBEAY AGREEI\ENT (Connectlng Skyview Drlve to Trousdalo Drive) A comrminieation, dated Apr5.1 2, 19J9, rvas read. from the Clty Manager, advislng that the Di-,islon of Hlghrvays of the State ofCaliforr-rla, has presented a proposed Freeway Agreenent between thoState ard the Ctty of Burl lngame for the State to construct, atLts own expense, a street connecting Skyview DrLve to Trousda.l-eDrive when the Freewair Ls constructed. EL 388 The Councll was advlsed that the course of the proposed Freeway i.s favonable to the City of, Burllngame and it was the recowrendatlon of the Offlce of the Clty lilanager and the Clty Erglneer that the agreerrent be exe cuted . RESOLUI Ol{ NO. 25-59 rAuthorizi ng the ExecutLon of an Agreement W-th the Dlvlslon of Hlglrways P::ovld lng for Constructlon of aStreet to Connect Skyriew Drlve. to Trousdale Dilver was lntroduced by Councl lman Thayor for passage, s6conded by Councllman Morgan and unanlmously carr:led on a roLl call vote. 10. GREYH0IIND LINirlS L,EASE oF CrTY PROPERTY A eommunicatlon from the Clty Manager, tlated Aprl1 2, L959, aclvised that the lease wlth the Paclflc Greyhound Llnes for Clty property locate<i at Howard Avenue, Highland Avenue and CaJ.lfor.nLa D31ve,shall expiro on Octoben 15, 1959 ard a representative of the Grey- hound tlaes has requested a renewal of sald lease. It was the recommendatlon of the Clty Manager that the lease be contlnued for a five year perLod at a rental of $10O.OO per month, a monthty lncreaso from the curent rate of $?5.OO. Councllman Johnson moved that the Clty Manager be authotlzed tooffer a renewal of lease to the Greyhound Lines at the lncreased amount stated, seconded by Councllman Thayer and unanLmously carrlod. 11. COUI{TY OF SAN }iIAIEO RE: GREATJ,R HIGHI{AYS COMI,,TITTEE A communicat ion datod Marc}: Zl , 1959, was read from Alvin S. Hatch, Chalrman Greater Highways Corn-rittee, San Mateo County, reo.uestingthat each cl ty name four members to the Commlttee to establlsh a united stand on matter:s relating to hlghways in San Mateo County. The subject was held for action under the head lng of rNew Buslness. i 12. iIIMi,lh]L VS. CITY COI'NCIL OF CITY OF BURLTNGA}'E A communlcatlon, dated Mar"ch 3O, 1959, nas reaal from the CltyAttorney, advislng that on March 26, 1959, a declslon was flled by the Dlstrlct Court of Appeal, J-st Appellate District, affL"mlng orders prevlously made by Judge Louls B. Demattels strlking complalnts on fll-e ln the action of HIML'IEL VS. CfTY COUI'IC fL of the CITY OF BURLTNGAME. The comrminlcation was acknowl-edged and placed on fl1e. 13. APPNXC]ATION EXPRESSED TO HONORABLE LOUfS FRA{CTS, LEqISLATOII A communlcatlon dated Aprll 2, 1959, was read from the Clty Attornoy, advlslng of leglslative Lnformatl.on available through the courtesy of the Honorable Louis Francls, rmmbor of the Californla Leglslatune. The Clty Attorney requested that his offlce be authorized to addr.essa letter of appreciation to Mr. Francis on behalf of the Clty Councll. Councllman Morgan mo',ed that the Councj-1 apknowledge the vaLuablesorvlce rend€red by the Honorable Louis F'ancis to the City of Burlingane ln making IegisIatI-ve publicatlons avellabl-e and that the Clty Attorney be authorl z€d to so notlfy lrlr. Francis. The Motion was seconded by Counci Iman Johnson and unanimous Iy carrLed. RESOLUT]ONS Nono ORDINANCES Consid6ration of: 389 Councllman "lhayer moved that sald Ordinanc e No. 68? be adopted, soconded by Councllman }rlorgan. On the questlon, Mayor Byrd lnvlted proponents to speak. Gllbert Rod1t, Executive Secretary, Burl ingame Buslness and Cltlzens Commlttee, addressed the Councll and speaking in favor of the repeal of the current ordinance, offened the following reasons ln support thereof: (1) Uneconomical to permlt the pubIlc to purchase rrat and other commodLties out of the ctty; (2) Inconvenient to modern- day housewlfe; (3) Present day methods of processing and nefrlge- ratlng meets ellminate the health hazard to the publtc; (4) ft ls outsl-de tho provlnce of the Clty CounclL to control the hours of eny type buslness ln the Clty of Burllngame; and (5) A survey con- ducted by the Board of Directors of the Chamber of Commerce and tiae Burllngame Business and Citlzens Commlttee lndicates that an overwhelming mejority of the neat market narchants are in favor of sald repoal. fn conclusLon, Mr. Rodll presented a petition bearlng the signaturesof 11568 resldents of the Clty, pJ-us 185 slgnatures of resldents of the Clty of Ml11brae, urglng the repeal of the restrictlve ordlnance. l,tr. George I'IcQueen, former Edlton of the Burlingame Advance ard DIr. John Mack, Past President of the Burl lngame Chamber of Commer:co,also spoke ln favor of permltti.ng local proprletors to compete wl, thioutsLde the cL ty'r business. There app arlnEl to be no opponents, the Chalr lnvlted Councll" comments. CouncLlman Rooth spoke at some lenqth ln oppositlon to the adoptlonof sald ordi.nance, statlng that favorablo actlon would create a hardshLp on the smaI1 Lndependent merchant and another lncldent oftbtq business tr agalnst the lnCependent trrslnessman. CouncLlman Rooth oxpnessed concerri that the adoptlon of the ordinance mayprove to be a fororunner of closlng lnriependent businesses seI1lng comnodltles other than meat. nanCe Coda of the Clty of Bur1ln of Uncured or Uncooked ldeatst wa Repeallnq Section 1565 of the 0rd1- game Regulating the Hours of Sale s presented for second readlng. Councllman Morgan rel-ated personal knowledge that the lndependent nerchant ls not opposed to the repeaL of the ordinance in questlon and stated that ln his oplrlon chaln storos are substantlal- taxpayers and entltl-ed to a fair share of buslness. Counellman lttorgan statedthat he would vote ln favor of the repeal. Mayor Byrd and CounclJ.raan Thayer', speaking brlefly, indicated thelr appr oval . A roII call vote on the adoptlon of Sectlon 1565 - Re,iuJ-ating the Hours ltleats n was recorded as f oLlows : Ayes: Noes: ORDfNANCE NO. 687 rRepeallng 6'I-SaG-Efcurea or Uncooiied 0ouncllmen: Byrd - John son-l{o rgan -ThayerCouncLlmen: Rooth ORDINANCE NO. 68E 'rAn Ordinance Re peallng Sectlons608, 609 and 61O bT the nuillngamG Ordinalce Code Establ-lshlng the Flre Con-nlsslon;Dlvlslon 8, Artlcle 6, Pa:t TI of the Ordlnance Code Establ-lshingthe Commlsslon of Publ-ic HeaIth and Safety; and Sections 62O, 621, 622 ar.d 625 Establishlng the Pub1lc Utl1ltte s Comraisslon'r waspresented for second readinq. ORD INANCE NO . 68? 'rAn Ordl"nanc e C or.rnc 11man Johnson stated that the hours of sale of any commodlty should not be reserved as the right of Councll to determlne; that the chain stores are rrhere to stayt and tne proposal to repoaf tho ordlnance should be viewed as a move ftdesired by the people of Bur 1i ngame . n 390 Courrcilman Rooth moved that Ordinanco No. 688 be adopted, seconded by Councilman Thayer. On the questlon, Mayor Byrd referr.ed. to a p:evious Council study meeting, at wrrich time the members of the Flre Commlsslon ard Publlc Util-tties Commission recommended that theLr respectlve Com- mi.sslons be dissol.,ed, with members of the Publlc }iealth and Safety Commisslon requosting that no actlon be takon to aboLlsh tlslr re spe ct1.','e C omrls s ion. Councilman Johnson advLsed that she was in favor of the abolishment of the Fire and Pubfic Utilities Comnrlssions and the retention of the Publlc Health ard Safety CommLssion to posslbly lnclude rvl th the latter, the category of "trafflc. t Councl lman eooth s tate,l form of government, the and that he favored the the.t ln hls opl-nion, wlth a commlssions ln questlon are abd-i shren t of the three. city manager su pe rfluous A ro11 call vote on ORDfNANCE NO. 688 was recorded as follows: Ayes: Councilmen: Rooth-ThayerNoes: Councll-men: Byrd. -Johns on-Morgan ORDINANCE NO. 689 'An ordinance Re pealing Dlvislon No. 6 of Ar.tlcle 6 of Part IT of the Burl irgaoe Ordinance Code Establishing the Recreation Commlssion; Repealing Dlvlslon No. 7 of AgtlcLe 6 ofPart II of the Ordinance Code Establlshlng the Park Commlsslon; and Creatlng a Combined Park ard Recreatl,on Commlssion afid Providlng f or Its Organizatlon, Terms of Its iile rulcers, Of fJ.cors, Powers and Dutiestr was presented f or. second readlng. Councilman Thayer stated that she has consistently voted, in favorof recomendatLons subnitted to Cou, c1)- by the City Manager; however, havlng been a momber of t}r Park Commisslon, J.t was her opinion that the proposal to combine both the Rocreatlon and the Park CommLssLons was not deslrable. CouncLlman Johnson also expressed doubt that the mergen Commlsslons would serve the best intorest of the City of Councilman Johns on suggested that the Recreatlon and tho mlsslons confen quarterly on matters of mutual concern. of the two Burl ingame . Park Com- Councllman Morgan moved that ORDINANSE N0. 689 by Co,.-incllman Rooth. Fo1low lng a vote by ro11ta]Iled as f ollcrr s: be ad.opt ed, s e c onded ca11, the result was Ayes: Noes: Counci lmen: Counclfmen: Rooth Byrd - Johnson -Morgan-Thayer I]MINTSIIED BUSINESS 1. ROTATION OP CHA]R},{ANSHTP CTTY COUNCIL Mayon Byrd lntroduced mombers of hls fam11y ln attendance and speaklng as the retiring Chalrman of the Board of CouncJ.lmen, expressed. hls thanks and appreclatj.on to members of the Council, the Clty Manager, the Clty Attorney, the CLty Engineer, the Planning ConsuLtant &nd Department Heads for thelr support and cooperation durlng his term as Mayor. Mayor Byrd optllned somo of trre accomplishrents of tile past year and expressed. rogret that two maJor ltems, the establlshrcnt of ttreoff-stroet parking project srd trle completlon of plans to develop the present mrniclpaL flll lnto a rocreatLonal area had not boonful-IflI1e d . In concLusion, Mayor Byrd pledged hls cooperation el-ect and to continue to serve for trre bettorment Burl lngame . to of the Mayor- t rn City of 391 NE!'/ BUSINESS I BURLINGAME T'LJSTIVAL AN ANI..{UAL CITY UVENT CouncLlrnan Rooth referred to the formatlon of the Burlingame Festlval Assocl,atlon, Inc., and plans to establish an annual city- wlde event to b6 known as tho "Annual Burl lngane Festival .i Councl l-man Rooth, noting that the proposed proJect necessltates the expenditure of a considerable sum of mone[r, moved that the Clty of Liurl lngame allocate the sum of $2r5oO.oo toward defraylng the expense. The motlon was seconded by Councllman Johnson and unanlmously carrled. 2. SELECTTON OF NE,Y CHATRMAN - COI'NCTLMAN JOHNSOI{ EI,ECTED CouncLlman Morgan placed tJ- e nanE of Council-nan Charl-otte I. Johnsonln nomlnatlon for Mayor for the ensuing term. There belng nofurther nomlnations, CouncilmeII Johnson was unanimously elected to serve tir€ City CounclJ- as lts Chalrman ald }ilay or of the Clty of Burlingarire. 3. SELECT]ON }IAYOR PRO TEI,{PORE - COUNCTII',I4N THAYER ELJCTED Councifman Rooth placed tho name of Councilman Josephine M. Thayer ln nomlnatlon for Mayor Pro Tompore for the ensuing year. There being no further nominations, Councl J.man Thayer was unanimously ele cted to s erve ss illayor Pro-Tempore. 4. GIFT PRESENTATI0N TO COUllCILi''lAN BYRD Councllman Mongan, speal<lng 1n behalf of the rErbers of the City Councl1, pald tribute to ard acknowledged the service rendered byretid,ng Mayorl Andrew C. Byrd, and presented Councl lman Byrdwith hls garrel and badge of ofTlce, mounted on a wall- placque. 5. MAYOR JOH]{SON EXPRESSION OF APINECIATION May or Johnson, speaking brLefly, expressed her appeciatlon to the rEmbers of the Council for theLr confLdence 1n electing her. to serv6 &s layor of the City of Burl'nganE. 6. GREATER HTGIIIIUAY COMI,{ITTEE - SELi'CTIoN Cffy REPRESEI,ITiTfT./ES Mayon Johnson lnvited C ity frrqlneer I',{a::r, ard Pl-anninq Consultant Mann to serve w:th her on the crater Hlghways CoraLttoe of San Irlateo County and advised that the appo'ntrEnt of a cltizo-at- Iarqe would bo announced. at a l-ater date. 7. MAYOR PRO IEMPORE THAYER FLORAL CO}IITTTEE CHATRI'{AN CouncLlman Mor:gan announced the appointnent of CounciJ.,nan Thayeras Chelrman of the Floral- Commlttee of the Burlingarae Festlval. There belng no f u.r.ttrer businoss, ttre meeting was regularlat l-0:O0 p.m. on motion of CouncLLnan Byrd and seconded b Rooth. Respo ctf uIIy subnltted, Herbert K. White City Cl-erk APPROVID: yayC d j ou:cned or.ri-tcILman Charl ot te ldayor Johnson