HomeMy WebLinkAboutMin - CC - 1959.06.01--'1
408
A regular meetlng of
glven date. Meetingthe ehalr.
Bur1ln;lame,
June 1,
Cal i fo-nl a
1959
PLDGE OF ATLEGIANCE
At word from the Chalr all ln the Councll Chamber arose and gave the
Pledge of Alleglance to the Flag.
ROLL CALL
Present - Councl,lmen: Byrd - Johns on - l,{organ-Ro oth-T}raye r
Absent - Councllqren: None
MINUTI]S PREVIOUS MEETING
The nlnut€s of the previous meotlng of !!ay 18, 1959, as submitted to
members of the Councll were unanlmously approved and adopted on motLon
of CounclLman Rooth, seeonded by Councllman Byrd and unanimously
carr i ed .
A]'ISON BURLINGAII'{E i'>ORTRAIT CONTEST 1'/f NNER A}ruoUNCED
The regular ord6r of buslnoss wes temporarlly dlsponsed with and the
noetlng referred to l'{r. Edward Butlor, Chalrman, Art Commlttoe,
BurlLngame Festlval Assoclatlon, who announced the wlnner and. r.unnens-
up ln the Anson Burllngame Portralt painting contest, conducted under
the sponsonshlp of the Assoclatlon:
Ann Clark Oostlng, portrait wlnner; R. Nada Zell, EJ-Tzabeth }rtlhalyi
and Hargaret Stone, Honorable Mentlon.
hlr. Butler tunned the meotLng over to CouncLlman Mor:gan, G6n6ral
Chalrman of the BurlJ.ngame Festlval Assoclatlon, who congratulated
I[rs. Oostlng and oxtended slncere thanks and appreciation to a].1
partlc!.pants.
A check in the emount of $2oo.OO, made payable to }Irs. oostLng and
signed by Councllnran Rooth, Treasurer of the tsurlingane Festlval
Assoclatlon, was prosented by Councllnan i[organ, who announcod thet
the winnlng portrait sha11 be approprlately framed and hung 1n the
Burl-lngare Pub11c Main Library.
A hammored copper. portr:alt of Anson Bu:'11ngarre, the work of Burlln-
garre artist, IvIr. Lester Larson, was acknowledged by a warra r6spons6
from those in ettendance.
A regular order of business was thereafter resumed.
BIDS - EAST IvIfLLSDALE IIDUSTRIAL PARK UNfT N0. I
Mayor Johnson announced that thls was the tlme and place schoduled
whereupon blds recelved for the Constructlon of Channel Improvements
on the O1d Bayshore lllghway (East lrll1Isda1e Tndustnial Park Unlt
No. 1) may be opened. and declared.
the Burllngarne Clty Council was Lre l-d on the above
calJ-ed to ordor at 3; OO p. m. - i,{ayor Johnson ln
v,/a sA bld from the E. T. ilaas Company, ln the amount of $31256.25,recelved wlth a bld bond. attached. thereto.
The Clty Englneer advlsed that the E. T. Haas Company ls undor con-
tt"act for the maJor portlon of the Dralnage Channel Constructlon onthe O1d Bayshore lllghway and l-t was the reeomrnendation of the Offlce
of the Clty Englnoer, pendLng lts approval of the plans and specifl-
CALL TO ORDER
409
eations currentl-y pro )osed, that action be l1:ithheld untll the noxt
rogular meeting of the City Councll.
Ernest Wl1son, Attorney, representlng the East Mlllsdale Industrlal
Par.k Unlt No. 1 propertLes, necommended that all related rnatterspertaining to the subJect be heLd untl1 the noxt regular meeting.
There belng no objectlons, actlon was withheld as rec ommend.od.
COMMI'NICATIONS
1. FTNAL MAPS.(East Mltl-sdale Industr.lal Park Unlt 2)
(M111s Estate Subdlvlslon No. J-S)
Communlcatlons from the pJ-annlng CommlssLon, under date of May 26,
1959 and a comnunicatlon from the Clty Manager, under dat6 of
May 29, 1959, advlsed that flnal naps for tho East Millsdale In-
dustrl-a1 Perk Unit No. 2 and the Ml1Is Estate Subdlvlslon No. 15,
were recorl'llended fon approval.
Upon the recomrnondatLon of the Clty Attorney,
postponed untll such tlme as related documents
s lgnature and executlon.
action on each was
ane avallable for
2. ACCEPTANCE OF EASE}IENTS FOR LINCOLN AVEMJE STORM DRAIN RECOMI{ENDED
The subJect was
Agenda.
refenred urder the heading of tresolutlonst on tho
REqI'EST FOE STORAGE SPACE DURING CONSTRUCTTON GRANTED (Levy Bros . )
A communlcatlon from the Clty Manager, dated r'tlay 29, 1959, submltting
the request of Charles J. Pedersen, Inc., Contractors, for permlssion
to use flve parklng apaces ln the panklng l-ot dlrectly behlnd Levy
Bros. for a perlod of nlnety days for storage punposes during the
constructr.on of an addltlon to Levy Bros.
A recommendetlon from th6 Clty hlanagor that ponmlsslon bo granted anda charge of thlrty cents p€r aay per space bo lmposed, was concrirredln by the Council.
4. TEMPORARY SIGN fNDUSTRIAL AREA APPROVED (Linn C. Alexander)
A communlcatlon from the Clty Manager, dated }lay 29, l-959, recommend.-
lng that pormisslon b6 gr.anted to Llnn C. Alexanden ancl Assoclates toplace a tomporery slgn on LoL 7, fngold fndustrlaf Park, fo!. a perlod
of slx months, was concurred ln on a motion introduced by Councllnnan
Thayer, seconded by Courcllman Byrd and unanlmously carrled.
5. PROPOSED 1959.].960 BUDGET
Action on the proposed 1959-1960 budget,
the Clty Manager and coples submltted to
study by mombers of the Councll.
prepared and presented by
Councll was h.e1d, pendlng
RESOLUTIONS
fn response to Councllman Thayerts lnqulries and for purposes of
clariflcatlon, the Clty Attorney advlsed that resolutlons, by unan-
lmous consent of Councll, may be nead by tltl-e only and ordlnances
are requlred to be read In fu1I at least once, proferably upon
lntroduct lon.
RES0L{ITION NO. 35-59 nAcce ptlng Deed of Dedlcati.on of Dralnage
Easement fPom Robert Henry Atk lnson and Nefl Irone AtkLnson, His
\ilrlf e r Dated May 22, 1959t (Lincoln Avenue Storm Dralnage easements )
was lntroduced by CouncLlman ldorgan; who moved lts passage, seconded
by Counctlman Rooth and carrled upon ro11 ca11, CouncLJ-man Thayon
abstalning.
RIISoLUTION NO. 36-59 rrApproving Plans and Speclf ications and Ca]-I-
ing For Sealed Proposals, Storm Dralnage Improvements, Unit 3,
A communLcatlon, dat6d l[ay 29, 1959, was read from the City l'{anager,
recomnendlng the acceptance of an offer to seLl fou:l easements to theClty ln the amount of $52?.OO; said easoments roqulred for tho con-gtructlon of tho tlncoln Avenue Storm Draln.
410
Llncoln Avenue Strom Dralnn was lntroduced for passage on motLon of
Councllman Morgan, soconded by Councllman Rooth and unanimously
adopted on roII ca11.
RESOLUTIoN NO. 37-59 'Consenting to Paclflc Gas and ELectrlc Com-pany Connectlng Gas Maln to Cul'',,ert ln OId Bayshore Hlghwayr ras
lntroducod by Councllman Morgan, who moved lts passage, seconded.by Coulcllman Rooth end. unanlmously adopted on ro11 calL.
RESOLUTION NO. 38-59 'Establlshl ng Prevalllng Wage Scale - Storn
Dralnage Impnovements - Unlt 5, Llncoln Avenue Storm Dralnt was
lntroducod - for passage on motion of CounclLman Morgan, secondedby Councllman Rooth and carrLed on ro11 call, Councllman Thayo:r
ab st alning.
RESOLUTION N0. 59-59 rDetermlnl ng that Pub11c fnterest and
Fe c'e s sftt-Ee qufFe--EE6 Acqulsltlon and Taklng of Easements toCertain Lands and Dlrectlng tbe Ftllng of Emlnent Doman Proceed-lngs - Stonm Dralnage Improvements - Unlt 5, Llncoln Avenue StormDraLni ras lntroduced fon passage on motlon of Counclfman Morgan,
seconded by Councllman Rooth and unanl mously carrJ,od.
ORD INANCES - Conslderatlon of:
ORDINANCE NO. 694 It
nence Co eo t An Ordlnance Amendlng Sectlon 151O of the Ond-City of Burllngaoo Provlding for the Llcenslng
pub11c
of Dogsr was glvon its second roadlng and on motlon of Councllnanilorgan, secondgd by Councllman Rooth, sald ordinance passed lts
second readlng and wag adopted by the followlng vote:
Ayss : Councllnen: Byrd-Johnson-Morgan-Rooth-ThayerNoes: CouncLlman: None
Absent Councllmen: None
ORD INANCES - fntroductlon of:
OHDfNANCB NO. 695 trAmondln g Sectlon 24OO.3 of the Ordinance Code
crf the C-f tyoIBurllngarr and Requining that a Pfot Plen be Flled
Wlth Each Appllcatlon for a Bullding Permiti ras introduced by
CouncilmEn Mor.gan for fLr.st r€adLng.
PIIBLIC HEARfNG - COI{DEMNATION CF PORTOLA HOTEL - (317 Lonton Avenuo
Mayor Johnson lnvlted the Clty Attorney to proeeed wlth the
heanlng on the proposed condenrratlon of the PortoLe Hote1.
The City Attorney advlsod that this was the tlme and place to de-
tenmLne whether or not tho Pontol-a Hotel 1s a flt place for humanhabltatlon and occupancy and whether tlre bullding should not be
conderrred, abeted and tho Clty Englneer lnstructed to raze th6bul1dlng. \
There appoarlng to bo no one present to oppose tho condomratlon of
the subJect property, tho Clty Attor.ney thereupon requested that
the rAffldavlt of Malllngi and the [Affldavit of Posting a copy ofrResolutlon No. 55-59t (hearlng on proceedlngs, June 1, 1959)i be
acknowledged and placed on flIe.
The City Attorney lnvited Ernll Steln,verify evidence submitted on specific
Safety Code, the Unlform Bullding Code
Prevention C ode.
County Heal-th Inspector, tovloletions of the Health and
and the Burlingar,r Firo
Health Inspector Stein, upon bolng proporly sworn ln, and in replyto lnquiries directed to hlm by the Clty Attornoy, testlfied thet
he rvas a membet: of an lnspectlon toem, lncluding the Bulldlng
417
Inspector and the Flro Inspector and that upon conclusion of
lntenslve lnvostigatlon ol the property ln questLon, it was
ascertalned that the premlses were 1n a state of dlsrepalr,
unsanltary condltlon and created a danr"orous flre hazard.
an
ln an
fn concludlng hls presentation of flndlnes, I{n. Steln advlsed that1t was the necommendatlon of the lnspectlon team thet the bulldlng
be donollshed.
Councilrnan Byrd, 1n responso to the City AttorneXrs lnvltatlon to
CounclL to corl,nent, questlons rshether sufficient notLce had beengiven to the owner to abate the nulsanco.
Health fnspector Steln replled afflrmatlvely and advlsed that the
owners have personally requested that, the bullding be condennod.
Speclfic vlolatlons, set forth 1n a wr.ltten report, d.ated Feb-
ruary 17, 1959, were submltted ln evldenco and placed on fl1e.
The City Attorney lnvlted John P. Cunnlngham, Bulldlngto substantlate evldenco submlt ted.
Inspectot,
Rulldlng fnspector Cunnlngham, belng properly sworn ln and unden
dlrect exanlnatlon of the Clty Attcrney, testlfled that photo-
graphs submltted ln evldenco and lllustratlng the state of de-
terloratlon and the non-conformLty of present-day bul1dlng
standards, were taken by the OffLce of the Bullding Inspector.
A corrt-funi cat lon, datod ldarch 23, 1959, addressed to LIr. Edward I{.
and lrrrs. A1lce f. Thomas, 3n Lo?t.orl Avenue, wrltten over th6
slgnature of Ja@s Watson, BullalinS Inspector and Buildlng Officlal,notifylng the addressees of the notlce to correct tho condltlonswlthin a speclfled perlod of time, was submltted ln evldence andplaced on flle.
The Clty Attorn6y lnvlted lloward Pearson, Fire Inspector, to verlfyfu::ther evldence subml-tted.
Flre fnspector Pearson, upon belng properly sworn Ln, testlfied ttratfurther photographs taken by Hls Office, were submltted to lndlcatethe exiitent fire hazards. The Fire Inspector related ln deta11,
the storage of hlghly cornlcustiblo materlals within the bul1dlng, tholnaecessiblllty of the flre escapes, the exlstence of the now 11le-gaI-use of tnansoms openlng from publlc hallways lnto the rooms and
the d.angerous rlLst' of the buildlng. Flre fnspector Pearson statedthat the Flre Departraent has recomnended the razlng of the bulldlng.
Phot ogr.aphs submltted by both the Offlce of the Bulldlng Inspect@
and the 0fflce of the Flre Inspector w6ro submltted 1n evldence andplaced on flle.
fn concludlng the exardnatlon of the abovo wltnesses, the Clty
Attorney advlsed that a resolutlon has b€en prepared, declarLng tho
premLsos to b6 in e danger0us and unsanltary condltlon, unflt for
human hebltati.on and a menece to the publlc health and safety of the
com.lunlty and orde:ring that the hotel bulldlng be removed by the
owners wlthin thLrty days and lf not re moved. by the oyrners, author-lzlng the Dlrecton of Pub1lc lVorks to proceed wlth sald removal.
RESOLUTION NO. 40-59 nConderrrl ng the Bu11dlng Commonly Known and
ile sa gnatEl as the Portola Hotel on the Premises at 317 Lorton Avenuo,
Bunllnga.ro r ,as lntroduced for passage upon motlon of Councilman Byrd,
seconded by Councllman Rooth and unanlmously carrled on no11 ce1l.
The pub1lc hoarlng on the dlspositlon of the premlses at 3l-7 Lorton
AveBue, deslgnated speclflcally as the nPortola Hotelr was thero-after doclared to be concluded and flna1.
412
REFER TO COIII],,IUN]CATIONS
SAFEII'AY STORES ET AL VS. BllRLINGAlilE: GRAY ET AL VS BURLINGAI{E
Park ng Dlstrlct No. 1
A comnnrnlcatlon was read from the Clty Attorney, dated May 28, 1959,advlslng that on i'ilay 26, 1959, Judgment of the Dlstrlct C ourt ofAppeal, Flrst Appelate Dlstrlct, Dlvislon One, was entered afflrm-
1ng the declslon of the Superlor Count ln the Gray case and r€v6r-slng the Supenlor Courtts declslon Ln the Safeway case.
The Clty Attorney advised that it was the recommendatlon of A. J.
Harzf eld of the f lnn of Klrkbrlde, t/Vl1son, llarzf old and Wa11ace,speclal counsel for the City of Burllngame Ln the proceedLngs and.of hls offlce that authorlzation be granted to seek further hear-lngs either ln the Dlstrlct Court of Appeal or in the Callfornla
Supreme Court.
CouncLlman Rooth lnltiated considerable dlscusslon thereafter onthe subJect, speaking on the prolongment of the case and the ex-
cendlture of a conslderable sum of r[oney on tne controverslaldlstrlct. Councllman Rooth stated that ln vlerv of the nany years
the lssue of off-street parking has been before the Clty Councll,Lt was hls oplnlon that the clty should plan for the proJect on a
lessen scale. Councllrnarr Rooth stated that tre would oppose the
rocommondatlon that the declslon be appoaled.
Councllman Byrd rolated prlor hlstory on the creatlon of an off-
str"eet parklng dlstrlct and stated that ho would voto Ln favor ofauthorlzing the Clty Attorney to seek further hearlngs and 1f thene-after, the proJect appears to be legally deflclent, tho Councll maylnltlate proceedlngs to establlsh a new off-street parklng dlstnict.
Councllman Thayer stated that the recommendatlon to se€k further:
appeal was not warranted and ln her oplnlon, it was unfalr to ln-
cl-ude the Safeway and cray propertles and exclude a nearby tele-
phone company and another supermarket fron the Dlstrlet.
CouncLlman Mor"gan cited the acuteness of the off-street parklng
problom and because of the legal technlcalltles now apparent, he
concurred wlth the statements of Councl.lman BJrrd that the City
Attorney be authorlzed to seek further appoal.
Councllman Byrd thereupon moved that the Clty Councll concur wLth
the recommendatlon of the Clty Attorney, seconded by Councllman
Morgan.
Speaklng on tho questlon and in reply to Councllman Roothts in-qulry, tho Clty Attonney advised that trvo courses of action ane
avallabLe to the Clty: (1) a request to the Dlstrlct Court of
Appeal to re-hear the case or (2) to petltion tho Suprere Court
fon a hearlng; lf the latter grants the nequest for a hearlng, the
lssue may not appear on the court calendar for another year.
Al-so speaklng on the question, Councllman Thayer referred to a
copy of the oplnlon ard of the doclslon of the Dlstrict Court of
Appeal, whereln rnmbers of the Councll were crltlcized in its con-duct of the hearlngs and Ernest A. trTilson, Attorney for the Dls-
trlct, was strongly critlclzed for falIlng to dlsclose his
Lrltorosts 1n publlc hearings ln a 'Flagrant disregard of lega1ethics.t
In concluding the discussion on the question, Mayor Johnson
volced her approval that the necommendatlon of the Clty Attorney
be concurred 1n and a ro11 call vote was tallLed as follows:
Ayes! Councllmon: Byrd - Johns on-Morgan
Noes: Councilmen: Rooth-Thayer
Absent Councllmen: None
The motlon was declared as havlng been camled.
Ernest A. li'lL1son, Attorney, 1n addressing tho Council and 1n defend.-
ing his posltion, d.enled havlng ta proprietary lnterestn ln the
dlstrict, advlsing that ln slgnlng the petition for the formation
of the parking distrLct he dld. so as a property o!vnet'.
fn concluding his statement, lttr. 'vYilson stated that lf there 1s
any reason for going to the Supreme Court It 1s because of the
critlclsm levell-ed agalnst the members of the Clty Council and
myself . It
PRESE].ITATIONS
A brief reeess from the regular order of business was cal"l-ed at
9:4o P.M. to perm5.t ldr. Robert ldacDonaLd, Cha5-rman, Queen Com-
mi.ttee, Burllngarm Festlval Associatlon, to intorduce }llss Dlano
Parker, selected as rlvlLss Burlingame.' Miss Parker was presented
with a bouquet of red roses by Mayor Charlotte Johnson on behalf
of the Ctty of Burlinqanre. A warm wel-conre was extended to the
newly-crowned queen.
CouncLlnan Morgan, ChaLrnan of the Burllngane Festiva] Assoclation,
presented the award wlnning portrait of Anson Bur1ln:rame to Mayor
Johason, to accept on behalf of the City Coulcl1.
Mayor Jolrnson, Ln turn, presented the portralt to ltlrs. Edlth Cohendet,
ChaLrman of the Burllngame Ll-brary Board, who acknovrl-edged the pre-
sentatlon and stated that it sha]l occupy a promlnent place ln the
l'lain Library of the Cl ty of Burllngame .
REGULAR ORDEN BUSINESS RESUMM
The regular order of buslness was resumed at
TELIIGRAM FRO}{ LOUIS FRANC]S, AST!]{EL@I.T BE:CONTROL BOARD
Mayor Johlson refered to a telegram received. fi:om Louls Francis,
Assernblyman, 25tio Distrlct, requostlng a repl-y on or before
June 5, 1959, on whethen or not the City Councll has objections to
Senate B1I1 No. 1568, as amended, creating a San L{ateo County Flood
Control District.
The Stbject iEitiated disctlsslon on the poslti. n taken bJ,: the
Council on a prevlous occasion, whereln the proposal was presented
and. endorsed 1n principl-e, provlded credlt 1s a1lowed the City of
Burllngame for expenditures made and obligations lncurred prior tothe formation of the proposed district.
?he Clty Attorney advised that slnce the presentation of the orig-inal proposed Senate 8111, the Clty of San Mateo has beon excLuded
from the distrlet and 1n hls oplnLon, the b111, as amended, warr.antsfurther study.
The discussion was concluded by Councllrnan Byrd I s motLon that theentlne subJect be thoroughly atudied by the Clty Attorney, the City
ldanager and the Clty Engineer, for report at en adJourned meeting
of the Council, Wednesday, June 3, 1959, 5 otclock, p.m., and
that a u'lre be forwarded to Assemblyman Francis advising that thedecision of the Council would be transmitted to hlm prior to
Friday, June 5, l-959. The motion was seconded by Councilrtan Rooth
and rmanlmously carrlod.
PROCLA},'ATION
9:5O P
FLO01)
fn response
t i.on, Ivlayor
as "CAnAVAN
to a request from the Bull-ders
Jolrrlson proclalmed the Week of
oF HOti[ES !\']lEK. r
and Contractors A s s oi.ia-
June L2 - June 20, l-959,
413
RECESS
474
CLOSING
Mayor Johnson reponted on her attendanc€ at th€ tftnorlal Day
Services, held at the Natlonal Cemetary ln San Bruno, wlth the
Honorable Earl i{. Jones, Spe eker of th€ Dey.
An lnvltatlon was extended to those ,.n attendance
the movlng plctures, depictlng the early days and
the Clty of Burllngame .
to
h1
remaln for
story of
AD JoIIRNIiIENT
The meetlng was rogularly adJourned at 1O:1O P.M. to neet Wed-
nesday, June 3, l-959, Councll Chamberse Clty HaI1, 5 otclock, P.M.
Respectf uI1y submltted,
IIERBERT K ITE
City C1erk
APPROVED,
A.,/,ffiL--*Cl,arlot {l-Johnson
M4{or
t