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HomeMy WebLinkAboutMin - CC - 1959.08.17444 Burl-ingame, CaIlfor"nia August 1-7, 1959 CALL TO ORDER A r"egular meeting ofgiven date. Meeting the Chalr. the Bunllngane City Councll was hefd on the abovecalled to order at B:O0p.n. - Mayor Jotrrs on in PTEME OT'ALLEGIANSE At wond fir om the Chaln all ln the Councll Chamber arosePledge of Allsglgnce to the F1ag. and gave the ROLL CALL Pr:esent - Councllmen: Johns on-Morgan-Roo th- Ihayer:Absent - Councllmen: Bynd Council-man BJBd, on vacatLon, was excused from th€ meetLng on motlon of Councilman Thayen and seconded by Councllman Rooth. MINUTES PREVIOUS I'{EETING The mlnutes of the ppevlous meeting of Augus t Council wene unanimously approved and adopted Rooth and seconded by Counc llnan Thayen. 3t 1959t as sutxnltted to on motlon of CouncLlman BIDS . CONSTRUCTION WATER MATNS - PARK RD.,CAL]FORNIA DR., ETC. fn confor.mance uLth 1ega1 r.equirement s and 'rNotice to Bidde:.rr - s ealed pttoposals fo:r the Cons tnuctlon of lrlaten I'lains r Park Roadr Calif orniaDrlve, Donnelly Avenue, Pnim::ose Road, wene r ecelved, publicly openedat h p.m., and declaned as f o11o!ts: TOTAL AMOUNI OF BID E. T. Ilaas Company Belmont, Ca1lf or.nia $33,91+5.31+ Undeng:r ound ConstructLon Co.1 Oakland, CalLfornia 0. X. Construction Co., Inc. Mountaln Vl elr, Ca].lfor"nla $ll+, gs5. ge 37 ,762.OO i{EARING . RESUBDIVISION EASTON DRI'/E BERNAL AIIENUE PROPTNTY ( Fl nnegan ) ft nas the r:e conmendat lon of the Clty Managen that the bid be awanded to the tow bidder, the E. T. Haas Co., Ln the total sum of S3319l+6.31+. The Clty Englneer advised that the EngLneenrs estimste was in the amountot S33rl+21+.00, or ]--l/2% in excess of the Iow bld submltted. CouacLlman Rooth moved that the Councll concun wlth the recommendatlonof the City l'lsr"*"n and lntr"oduced for passage RESOLUTf0N N0. 73-<9trAuthorlz lirg ExeEutlon ef Agreement witir E. T. ffiConstructlon of Uaten Ealns, Park Road Califonnla Dr.l-ve Donne1,1y Avenue Prlm:rose Eoadrr s econded by Cor:ncilman Thayer and unanlmous 1y carnled on ro11 c all. Mayon Johason announced that this was the time and theto conduct a hearLng on an appeal fron the decislon of Commlsslon 1n denylng the rezonl,ng of pnopenty at 2001 requested by the owner, Mlss Frances Flnnegan, 7h5 Efm Carlos, 1n a letter to CouncLl, dated Augus t 3' 1959. place s cheduledthe Planning Easton Dr lve,Street, San 445 A conrnnnlcatlon, dated August 13, L959, was read from the Plannlng Com- mlsslon, advlsing that the Commlsslon had been petitloned for pennlsslon to :resubdivlde two exlstlng lots fnontLng on Eastonhlve at the co::nen of Bennal Avenue to cneate two lots to f ront on Be::na1 Avenue and sulgsquent to study and discusslon, the Cornnlsslon had voted unenlmous 1y to deny the applicatlon, based on Lts flndings that the proposed land dlvtslon ras eontrary tothat of a pr.operly developed and attractive ar:ea. The Chaln invlted pr:oponents and opponents to speak on the pnopos 1t lon. H'eanlng no respanse, the Chalr. lnvited comments. Councllman Rooth moved that the Councll concur wlth the r ecommenda-tlon of the Planning Corwrlssion, seconded by Councllman Thayen and unanlmously carried. The appeai was declaned denied thei.eaf ter. COMMUNICATIONS 1. ADVMTISING BIDS FOR CONSTRUCTTON LIBRARY ADDTTION AUTHORIZED A cornnuntcatlon, dated August lt+, 1959, 'was read froln the Clty Manager:r advlslng that the Llbrary Board has r.equested authonlzatlonto adventise for blds for the constructlon of the additlon to the maln Llbrary. The City tulanagen also advls ed that the pr"ocedtrre r.equested was reconrmerded by both hls 0fflce and the Office ofthe C 1ty A ttorney. A communlcation was also road from the Burllngane Libnary Boar"d r"equestlng the Ctty Councll tb airthortze the Library Board tocall fot blds on the constnuctlon of the additlon to the Maln Llbrary aIId subsequent to theb openlng, to neeontnend to Councl], the alrard of the bid to the lowest nesponslble bidden. Councllman Rooth questloned the r.lght of Council to essume functlons pnesumably the prerogatLve of the Ltbrary Board. Hls lnqulnles were replLed to by the Clty Attorney, who advised thet the statutes are not speciflc on thls polnt and that it was his suggestlon that the Llbr.ary Board s eek autho-lzatlon through the Ctty Councl1. The Clty Attorney advlsed that upon Lnforrnatlon received from othercltlos, varlous procedures were followed; that ln his opinion, the Llbr"ar:y Boar:d, wlth the penmlsslon of the Clty Council, may adver.tise, open, e xamlne and reconnnend aceeptance of the nesponsib1e bld; th6 Councll ln turn, approvLng the contract wtth the understandlng that the cost theneof ls to be expended fnom the Librar.y Funds of the Ctty. Councllman Rooth moved that the Councll concur with the r.ecommendatlonof the Clty Hsnggsr and wlth the Llbrary Boardr 'seconded by Councllman Mongan and unanimous 1y car.nied. 2. E. EIRIC HOLM,ARCHIfECT, SELECTED FCR RECREATION CENTER ADDTTTON A conmunlcatlon, dated Augus t Al+, 1959, was nead frorn the City Manager, advlslng that tuo anchltects have submitted ::equests to s€rve tho Clty as its architects for. the proposed addltlon and alienatlon to the Recr:eatLon Center Bulldlng - E dmund Rlckson'4.R.A., of San Fnanclsco and Enar Er.lc Ho1m, A.IrA., of Burllngame. The City Manager. advised that based on the fact that Mr. Holm has had conslderable more experlence and has proposed a lesser fee, lt was his recommendatLon that a nesolutlon be passed authorlzing the executLor of a contnact for his services. A conmunicatlon dated July 161 1959t uas nead from Edmund Rlckson, A.R.A., requestlng conslderation of appolntment as architect f or' the contemplated additlons to the Recreatlon Center:. 446 A communLcatlon, dated July 16, 1959, was read fnorn Enar Er.lc Ho1m, A.f.A. nequestlng that hls name be placed on the list ofa::chltects ellgible for llork wlth the Clty of Bur.lingame,partlcularly ln the design of the addltlons and alteratlons to the RecreatLon Bullding on Bur.l lngame Avenue. A detalled Ilst of expenlence and r"eferences was submitted. Jn reply to Cprlncllman Msrgants lnqulry, the Ctty Manager advisedthat hls recommendation was lnfluenced by the experience natlng,the local busLness add::ess and the lesser fee offered !y Mp. Ho1m. Al-so in r.ep1y to C or.rnc ilman Morgant s lnquirles concerning fees, Mr. Ho1m, ln attendance, advlsed that the seven percent fee was hls basicfee and Mn. Banuior representing Mn. Rlckson, also ln attendance, advised that ten percent represented a standard fee wlth hlsarchltectu:ral f ir.m. Coufrcllman ?hayer: the!"eafter moved that the Councll c oncur. wlth the reeommendatlon of the Clty l{anag RESOLUTIqN N0, Zl+59 trAuthorizin for the Constructlon of an Additton to srdto the Recreatlon Bul1ding" naconded by Co er and lntroduced for passage g Executlon of Control with Anchltectllaking Certaln Al tenat ions uncllman Rooth. Speaklng on the question, Councllman Mongan r:ecal-1ed that the CouncLl had r:eserved qP6r0O0.0O of the total cost of the project fon thefurnishlng of the new addition dunlng budget pneparatlon ard questloned whethen the sum of $l+21000.00 should be inserted withln the agreementln place of the s tlpulated $481000.00. ltre Councll concurred and theClty Manager slgnifled hLs approval to the change. A roll call vote on the adoptlon of Resolution No. 111-!! resulted as follows :Ayes: Councilmen: Johns on-l,longan- Roo th-ThayenNoes: Councl-Imen: None Absent Councilmen; Byrd 3.EXTERNAL STAIRWAY COMPLATNT, 2501 HAIA DRTVE A memo fnom the Clty Ma1ag6r., dated August LU, 1959, advised that tbe person placlng the outside stairway aL zrOL Hale Driver ls away on vacatlon and a r"epor:t on the conplaint of lts el?ection shalI be made at the next Councll meeting. Councllmen Mergan inltiated consldenable discussion on the lssue, statlngthat thene ls a questlon whether or not the orner of the pl'operty, on which a wooden stairway has been enected on the tlouse, is 1ega11y xlthln hls rlght to do so. A conununicatlon and neport addressed to the Clty Manager by George A. Mann, Plannl.ng Consultant, ud ner date of Augrx t 'lt a959 t iras read as follows:IExter.nal Stalnway 25O1 iiale ilr.lve The contnols fon all uses of l-and wlthln the City ane contained ln the zoning ordinances. Rules for ft'ont and reat' yards and side set- backs ane carefutrly ld'r'i ttben fon all zones and uses and there ane provl-sLons for certaln e xcept ions . Ther.e ane good reasons for the space requirement between bulldlngs and such rules ane contrIlon to zonlng ordlnances ttrnoughout the countny. Many cases have reached the courts and cltles have Senerafly been upheld when requL'ements were reasonable. space between buLldings serves a numben of pu::poses. !tg!t, air, end sunshlne are lnsured to the occupants; density of populatlon ls controLled by llralting the slze and number of bulldlngs; flre cen be fought more easily when af1 wa11s are eryosed to fire-flg!!1"g; conflagratlon is controlled by the open space between bulldlnes. Any one of these reasons would be enough fon nequring the space. 447 Horever, I feel that the matter can be earrled fu::then. Every proposed orner faces the same requlrement so that the area between bulldlngs ls the addlti.on of both setbacks. Thus, thene Lsalways from slx to ten feet of space (sometimes mone) and both owneps have made contributlons. ff one owner uses hls space fonstructur.al purposes, he ls 1n the positlon of accepting hts 1lght,air and safety from hls nelghbor" wlthout compensation - ln othen ords , e llee easement. The zonlng ondLnance recognlzes the fact that there ane occaslonal requfuements that necessltate lntr.uslon lnto thls area. In suchbulldlng useb as multiple famtly dwe111ngs, schools, boardlng houses,the safety laws sometLmes nequlne addltlonal flne escapes. The ordlnance provldes that when such fll:e escapes are nequlr.ed by law,a suspended metal f1!3e escape may extend lnto this anea. Thls typeof lnstallation meets the safety r€gulation but creates mlnlmum lnterfenence with the provlslon of 1lght and aln. Howeverr 1t must be r.emembened that sucL fft:e escapes can be insta'1ed only'trwhen nequlr"ed by 1aw" - not as a matten of desire on con''renient€. Ther.e is no confllct 1n var.lQus regulatory codes. Fire pnevenllon. and housing codes te11 rrwhatrr ls nEquined, Uritaing code! say "how"tt shall bJ constructed and zonLng negulaiions teli t'whereit to place the constructlon on the property. Thls matter eomes to our attentlon as a result of a wooden stalnwaybul1t and attached to a home at 25Ol Hale Drive. lhe indlcated purposes ls to provide a mesrs of entr.y to nooms on the second story.This ls a two-story slngle-fanlly dlrel1lng ahd part of the ftnststory 1s on two 1eve1s, a cotnmon method of design at the tlme this house was bul1t. The side setback 1s appar.ently three feet and the stalnuay occupies aLl of thls area so that pssage from front to rearls lmposs lb1e. ft ls ny oplnlon that the staiflray ls a definite vLolatlon ofSectlon 1965 of the ondinance code. I thlnk that the stair*ray 1s an lntnuslon on the rlghts of the nelghbor, though thls nay not be a munLclpal concern. Esthetlcally, lt ls an eyesore whether we may or may not legislate against eyesores. f am veny much afiraidthat, lf we a11ow unlnhlblted use of slde setbecks, we are setting a pnecedent that w111 hunt all property devdlopment and lmprovement. I am also afrald, even wLthout any 1ega1 proof or accusation, thatthls may be a f ir.st step to change the propenty from a slngle-famlly dwe11lng to a 2 untt bulldlng. The pnesent owner may have nothlngof thls klnd ln mlnd but the conbtru.ctlon of a separate entnance topar"t of the bullding may lead mother owner to the loglcaf further. step.tt The Cha who exhive and Roto beunslghtly appearence and the posslble convenslon of the top floorof the dwelllng Lnto an apantment. From lnquir.les directed by Councllman Morgan to the City Mgna*., tnito the Clty Englnser, the Councll was advlsed of the apparentvlolatlons ln zoning ordlnances of the Clty. The Ctty Attorney, upon reouest of Council for a nu11np5, s tated that the penmit was issued by the City and the position of the Clty must be determined fir.st. The City Attorney advised th!.t he was rrnpnepaned on thls occaslon to nender a decision; however, the subJect would be given hls complete conslderation and a nepor:t r:endened at the next meeting of the Council. ln recognized the followlng owners of neighboning pnopentles ressed thefuerbal pnotestJ: tll11lan Edrrards , 2$o$ na].. next door nelghbon ) Mps. Clarence Hale, 2l+OB Hale Drive ert J. Co1ton, 2565 Poppy Dr.lve. The main objectlon appeaned he enection of e wooden stelnt ay ln an R-l Dlstrict, the p ( bt 448, Following funther dlscusslon, offlclals of the Clty were authonlzedto inltlate appropnlate action and to submit a neport thereon atthe next reguler neeting of the Councllr Tuesday, September' I, 1959. 4.CLAIM FOR TNJUR]ES , PAUL K. FEYER, REF'ERRED TO CARRTER A cormunlcatlon fnom the Ctty Managen, dated Augus t 14, 1959, recommendlng that the.claim filed by Paul K. Fryen, guar"dlan ofStephen L. Fr"yer for. d5r000.00 fon alleged' injurLes sustalnedon a city playground be denied and refenred to the Cityrslnsurance earnier, rras concurred ln on motlon of Councilman Morgan, seconded by Councllman Rooth and unanimousl-y can11ed. 5.SCTTON ON FIREME\I COMPENSATION FOR CALL BACK DUTY hTTHI{ELD A coranunlcatlon dated Augus t 13, 1959, was nead fr.on the CityManager:, necommendlng the adoptlon of a resolutlon authorlzlirg theexpendltu::e of the amount of mone[ p:.ovided ln the budget to compensate flremen for "calL-back duty. Actlon on the proposedresolution authorlzing seld erp nditure was withheld ard referredto the Clty I'ls.,r*.r for clarificatlon coneerning those members ofthe Ffu"e Department to be compensated for off-shlft duty. 6. CANYON TERRACE AND BELVEDERE HETGHTS TENTATIVE MAPS ACCEPTED A cormnnlcatlon dated Augwt L\,, 1959, nas nead fnorn the Clty Managerr advlsing that the Plannlng Commission has necommended thatthe Tentatlys Maps of Canyon ler:f-ace and Belvedere Heights Sub-dlvlslon be accepted. The Clty Mgnsgsn fur"then advlsed that thesubdlvlslons are to be annexed to the Clty and lt was his reconmenda-tlon that the Coulrcll aecppt the meps. Councllman Rooth movedthat the Cou.rlcil- concur, seconded by Councllman Tha.rler and unanlmously cal.t'ied. 7.KIRKBRIDE. wrLS0N, HARZFELD 8r WALLACE RE: OFFSTREET PARKTNG Councllman Rooth, Chalnman of the Councll Off-Street PanklnB Commlttee, r.endened a brlef report on the new proposed off-Street Parklng Project, advlslng that a prellminary meeting had benheld wtth I{r. Wi]son, Attorney, and nepresentative of the formerlOff-Stroet Panking Pr.oject, John J. Cockr.oft, Presldent of the Bu::1ingarne Chamben of Conrnerce, Gnanvl11e BrownLn6;, Executlve Secretary of the Chamben of Commerce, the Clty Attorney ard Councllman Rooth ln Lttendance. Councllman Rooth advlsed that Mn. Wllson, on that occasion, lndlcatedhls wtlltngness to absolve the City of Bwlingame from all chargesfor senvices connected wlth the former off-Street Parking pro- ceedings and a l-etten to Council confinms hls ver.bal- declanatlon. Councllman Rooth advised that the statement of expenditunes attachedto Mr. WLlsonrs communlcation, 1s for rr out- of -pocire t tr cos ts advanced and a further statement o' expendltures for cour.t costs ls 4ntl cipated. The Clty Attonney advised that the sum of $11583.50, subnltted by I,ln. Wi.lson represents cash advanced by the 1aw ffu'm of Klrkbrlde, Wllsonr Harzfeld and tr'Ja11ace and the Clty of BurlLngame, havinglost ln the Appelate Court must as sume the responsibtlity of court costs ln the aggregate sum of approxlmately $7!0.00. A letter f:ron E. A. WL1son, for Klnkbride, lr/i1son, Harzfeld & Wallacer dated Augus t ]-b,, 1959, was thereafter read, advlsing the Councllr ln unlting, of the waivlng of all ctrarges as explalned by Councllman Rooth. The communlcation offered to represent the City on its new projeet for provldlng off-stneet parking facllltles, stipulating servlcesto be provided and payment fon said senvlces. Cor:ncilman Rooth recommended that Mr. E. A. W1lson be employed ln aecor.dance to the terms specifled ln the agreement. 449 Cotmcllman Morgan moved that the s tatement of costs advanced as submltted by Mr:. 'L{lLson, ln the total amount of $1r5e3.!0, be author.lzed palc, seconded by Cor:ncllman Rooth and unanlmous Iy earnled. Councllman Morgan moved that the Councll engage the 1egaI servicesof the law flnm of Klnkbrlder- W11son, Hanzfeld & Wa11ace, accordingto the tenms outlined in the connrnunlcatlon, dated Augus t 1l+, I95q. The motlon was secondod by Councllman Rooth. Speaklng on the questlon, Councllman Thayer questioned Councllman Rooth on hls selection of a commlttee, to whlch lnqulny Councllman Rooth sdvised ttra t the Corruntttee would be ttsmall and c6mpact. " The motlon was thereaften carnr.led unanlmously. CITY M.ANAGER REPORTS USE OF ONE-MAN PATROL CARS At the prevlous request of Council, the Clty Manager submlttedreport on the use of one-nan patnol cars and advlsed that theCtty of Burlingame uses one-ma.n patr.ol cars on mos! occasions; how6ver, two cirs are dispatched to t'tnouble spotstt and bothusually annlve simultaneously. BETTER BUILDING ASSOCIATION IN RE: SALES TAX a EESqLUIIO-NE xq.7<-59 "Arrandlng Sale of Bondsr Ml1Is Estate No. 15ffi1Jrt was iitnociuce<i for pissage on motion of Councllman Roothr s eeonded by Councllman Morgan and r:nanlmous 1y canrled on roIL caII. RESOLUTION N0. 76-59 ltCa11lng fon Blds on Sale of Impnovement Bondfl ffiniafParkUnitNo.IIFirstSa1e,s6]o,000.00'. was lntnoduced by Councilman Rooth and unanlmously carrled on ro11 cal1. A communlcation, dated Augwt 12, 1959, was read fnom Edwand R.Mantinr Pnesldent, Bette" Burllngame AssoclatLon, a dvislng thatfollowing a meeting of 1ts Boar:d of Dfu:ectons, many questions regandlng the sales tax lssue remained unangwered and 1t was requested that the Clty Council table the subject for e per:iodof nlnety days ln order that a funther study and r:eport may be made and render:ed to Councll. The comnunlcatlon ras acknowledged andplace the subject of a sales ex on the 7959. the City Clerk nequested to C6unc11 Agenda, Septembe:: 8, An amendment, pr.oposed by Councll-man Thayer, to provlde for the[nemdval of earth to the leve1 of the origlnal grade" was refenned to the Clty Attorney for. study and report to Cotmcil. RESOLUTTONS ORDINANCES - Consldenatlon of: ORDIN4,NqE NO, 5?9 tfAn Or"dtnance Deflnlng Swlnming Pools and Requlrlng Penrnlts Fon A11 Pool fnstallatlons, RequLrLng Permane nt Registratlon of A11 Poo1s, Pnescnlblng Regulatlons For Constructlon, Locatlon Upon Pr.openty and Safety Features and Pr.oviding Methods of Enforcement " was €llven Lts second readlng and on motion of Councilman Morgan, seconded by Councllman Thayer, sald Or.dlnance passed lts second reading and was adopted by the followlng vote: Ayes : Councllmen: Johns on-eMorgan-R o ot h-Thayer Noes: CouncLlmen: None Absent Councllmen: Bynd 454 C OMMI]NTCATI ON C OI.,II{ENDTNG MAYOR JOI{NSON APPOTNTMENT L. WTLBER SMITH PLANN]NG COMM]SSION A communliatlon, dated Augus t 6, 1959, ras read from lulns. GraceFieldlng, _1208 Cabr.lllo Avenue, Bunllngame, express : ng appreclatlonto Mayor Johnson for: he:: necently expn6ssed objectionJ t;- therernoval of eucalpytus trees on E1 Canino Rea1. The c ommr.rnic etionwas bcknowledged and placed on fl1e. REPORTS OF OT'FTCERS Reports fnom the City Manage:. concernlng the subJect of sales tax,the Department of Publlc Works, the Police Depar"tnent and thePublic Libnary, irere acknowledged and placed on f11e. A communlcatloa, dated August 12, 195q, was nead fr"om J. G. Hunter.,decltning the appolntment as a member of the Plannlng Commlsslon dueto a confllct of lntenest between the Comrnis slon and the SanFranclsco Eay Area Rapld lransit Dlstr.ict of whlch he ls a dinector. The communication was acknowledged and placed on flle. Mayor Johns on submitted the name of L. Wilben Smlth, IB11 Davls Drive, Bunlingame as a memben of the Planning Cormnlssion. The appolntment was r:nanlmo$s 1y confinmed by the Councll. UNFINIS}IED BUSTNESS CAROLAN AVENUE EXTENSION The City Manager advlsed that a meetlng wlth Ernest A. Wll-son,Attorney, and interested pensons, was scheduled Tuesda;r, Augus t 18, 1959, 9:00 a.m. to confer on the posslbitity of estab'lshing an assessment dlstrict for the extnesLon of Carolan Avenue. NEW BUSII.;ESS SIDE}''ALK, CIIRB REPAIR PROCEDIIRE OUTLII.IED fn neply to Councilman Mergsnrs lnqulrles, the City Englneer nepor.tedln some detail- on the pnocedr::re of the Clty neganding lts sidewalk and cunb repair. The Ctty Englneer advised taat the City ls urtlgue in lts pollcy of sldewalk repair, assumlng cost of repair when sidewalk 1s damaged by tree roots. Following the nepoz't, Councllman l,lorgan advlsed that the lnformatlon was nequested on behalf of a nelghbor.lng pr.oper.ty ownen who had r.eceived a hlgh quotatlon of cos t for sidewalk repair. fr.om a clty employee. The City Engineer advised that his o'fice would lnvestigate. CLAIMS Clalms, t'los. 2oLr-2L69, August, 1959, ln the sum ot #176,212.56duly audlted, wene approved and warnants ordened dram on the Clty Tneasuny 1n thelr respective amounts, on motlon of councllman Thayen, seconded by Councllman Rooth and unanlmous 1ll carrled. PAYROLL Payr.o11 warrant s, ilos. 2913-331+7of Councllman Tha''er, seconded b c arr ied . ,J u1y, 1959, were ounci lnan R ooth approved on motlon arrd unanlmously PROPERTY AT 121+ oCCIDEMAI A YENIIE (Kay E11is ) fn response to Councilm&n Ms-g4nts lnqulryr the City Mana€ler advised that Kgy Ellls has made no effort to rectlfy the building vlolatlons on hen property at 121+ Occidental Avenue. Dr. W. R. Ward, 120 Occidental Avenue, u::ged the Councll to tnspect the unsightly property. ADJOIIRNMENT ThE rneetlng was theneaftor regulat'ly adjourned at 10:O! p.m. OVED:A ]'o o son,i{ayor Respectfully su tt Clerk