HomeMy WebLinkAboutMin - CC - 1958.04.2125G
Bu:r1lngame, Cali.fornla
Apr.tl 2L, 1958
CALL TO ORDER
PLEDGE OF ALLEG]ANCE
A regular meetlng of the Bur'llngame Clty Courrcll was held on the
above gl,ven date. I,leetlng ca1led to order at 8:00 p.m. - Mayor
Byrd tn the Chair.
At wond fnom Mayon Byrd all in the Councll Chambe!. arosethe Pledge of A lleglance to the F1ag.
ROLL CAIL
Pnes ent - Cqruo l1men : Byr.d- Johns on-Morgan-Rooth-Thayer:Absent - C6uncl1men: None
UINUTES PREVIOUS I.IEETTNG
The mlnutes of the pnevlous meeting of Aprl1 7,1958, Es subnlttsdto members of the Councilr uere unanlmous Iy approved and adopted upon
motlon of Councilman Rooth and seconded by Councllman Johnson.
The mlnutes of the meeting held fon the pu:rpose of canvassing electlonreturns, Aprll 75, L958, were corrected io recor.d that ItCouncl1man
Bynd placed the name of Councllman I,l6rgan ln nomlnatlon fon the posltlonof Vlce-Chairman, who decllned the nomination.r The minutes were
thereafter" trnanl-mous 1y approved and adopted upon motl-on of
Councllman Rooth and seconded by Councllman Johnson.
and gavo
OPENTNG COMI\MNTS NEWLY ELECTED CIiAIRMA}J BYRD
Mayon Byrd cong?atulated Councllman Rooth on his successful tenm as
Chalrman of the Councll the previous two years and expnessed hls
appneclatlon to the electorate and to those who a ssisted 1n r.etunnlng
hlm to offlce.
Councllman Rooth responded to the a cknowledgment and pleCged his
contlnued suppont.
Mayon Byrd spoke brlefly on the past, present and futur.e of the llty
of Bu::1ingann, advLslng of a few of the lssue to be resolved by the
membens of the Councll: (1) the locatlon of a site to place materlal
tequlred for" fill to continue the operatlon of a municlpal dr:rnp; (e)
the method of selectlng and appointlnC clty commlssloners; and
whe ther. (3) trre presantly constituted City lfsnsger. form of government
wannants the conducting of an admlnlstratlve survey.
fn concluslon, Mayor: Byrd expnessod assr:rance that pnoblems confronting
the Council on occaslon shal1 be r:esolved cheerfully and falthfully.
Councllman Johns on expnessed her gnatltude for belng granted theprlvllege of serving the Clty as Vice-Chalnman of the Councll. fn
comment ing on the Golden Ann5.versary of the City of Bu:r'Ilngame in
June, CoulcLlman Johns on expressed confidence that bv continued and
unlfled cooper:atlonr ,rBurl ingame would netaln 1ts dlstlnctLon of
belng a trgneat city.
251
IIEARINGS
(a) Proposed Amendment to Zonlng Or"dlnance Pnovi.dlng tdn-foot setbacks.
A communlcatlon dated Febr.uany 28, 1958, was reaC from the City Mansgsl.,
advising of hls pneference to the establlshment of a ten foot setbackin an industrial distnlct unde:r eircumstances as the-r exist in theCity of Bur.1lngame.
A letter" dated f'ebr"utt 25,advlsing that a re-study offront building set back inrropinlon that a ten foot setestabllshed rrllrt Dis trlcts: (
advantageous to the smal1 1o
1958
the
MI' D
back1)tt de
, llas nead frorn the Plannlng Commission,
proposed amendment to provide aistricts, nesulted in the unanlmousls more loglcal fon the Cityrs
he ten foot set b ack would be mone
veloper.s; (2) bullders would be
and
less incllned to use the fnont set back for parking purposes; (3)
vanlance nequests, elalmLng hardshlp, would oc cur, less frequently;(4) the proposal would meet wlth llmited oppositlon.
The Chair invlted c orlnents fr.om the audience.
0scar. Per.son, ownerr of conslderable lndustrial propenty, opposed theproposal, declarlng that a ten foot as well as a flfteen foot set back
would impose a ha:rdship on those ollners of property along the olderportlon of Rollins Road. Mr. Person recalled that the propetlty owners
have sacnlficed a portlon of thelr proper"ty to wlden Ro1-r ins loari
and therefore urged that a four foot set back, reserved str"1ct1y fonplanting pur.poses, be c ons ldered.
Walte:: Ams tr.up, Chal::man of the Par.k Conmisslon, advised that the Pank
Comnlsslon had unanlmously neconunended that a fifteen foot set back be
malntained Ln all lndustr'lal areas developed ln the City and in hrlsoplnlon, no hardshlp would occur from elther a flfteen on a ten footset back.
A letter fnom the Pank Cornmlsslon, dated Februar.y 2", ]-958, confirmedthe statement of Consdsslonen Ams trup regarding the fifteen foot set back.
Mayon Bynd invited Council conrnents.
Mr.. Penson rep1led to Councllman Mqngslts inqulry, statlng that tenor fifteen lots would be affected by the proposed change. It was
Councllman Mongants suggestlon that the proposed amendment nay be
so worded as to exclude the lots 1n question.
CounclLman Thayer. stated that in her opLnlon, a flfteen foot set back
should be malntained and lnstances rhereln a hardshlp malr exlsb, an
appeal made to the Plan:llng Conmlsslon.
Mayo:r Byrd, in comentlng on the t wo recommendations ::eceived by the
Counc11, exp::essed his concurnence with that of the Planning Comnission
wtrere in a ten f oot set back r^ras proposed.
Cor:ncilman j'longan, through the Chalr', questloned I11.. i'iap11n, Chairman
of the Plannlng Commission, Ln attendance, on the possibility of
::evising the proposed amendment to exclude th€ area pr:eviously nefer.red
to. Commissloner Martin stated that the Clty Attorney has advlsed
othe::wl se .
Questloned by the Councllr whether an ordinance may be adopted to
lnclude two standards, the City Allqrney neplted negatively, statlng
Councilman Johnson stated that ln her opinlon, lt would be unfair to
impose a flfteen foot set back hardshlp on propenty within the o1dRo11lns Road ar"ea and that she favoned the ten foot set back compromi.se.
Councllman Roothr th:rough the Chair., questloned the Planning Consultant,
who 1n nep1y, advlsed that lt nay be posslble to establish separateclasslfications withln the o1d lndustrial areas.
252
that aneas of
one s tandard.
companable size must be 1ega11y establlshed undet3
A motl-on was thereaften lntnoduced by Councilman l,{ongan, that thesubject matter: be agaln r€ferred to the Plannlng Cornmlssion tostudy a means whereby the alleged hardshlp may be lessened onproper:ty wlthln the perlrneter of old RoI1lns Road.
Followlng a brlef discusslon, the motlon was leconded by Cor:ncllman
Thaye:r and theneaften unanlmous ly camled.
Mayor Bynd declared the hearlng concluded.
Proposed Ame ndment P aragnaph D - ZonLne Ondlnances - Lot LlmltatLons
Mayor Bynd announced that thls was the t lrne and place pnevlously
scheduled by the Councll to conduct a publlc heerlng on the proposedrevisr.on ln 4n aniendnent of Panagr"aph D, "Lot Llmltattons and Lot
Requinementsrr of the Zoning Oratilanle.
A conmr:nlcatlon dated Febnuary 28, i.95t, was read from the Clty
Manager, expressing concur.rence wlth the recommendation of thePlannlng Commlsslon concernlng amendments to Seetlon 1926 of the
Ordlnance Code (Regulatlons For R-l- Dlstr'lets) with the exceptlon of
Panagraph.- D - 1. .-Tt wes the reconmendatlon of the Clty Managen thatthe wond "mlnlmum" (width of less than flfty feet) ratLer that the
r.rord rf averagerr (width of less than flfty fe6t) Ue substltuted.
Councilman Thayen inltlated the dlscusslon by recommendinq also that
the wond 'rnlnlirr:mtt be subs tituted and t hat tLe wond ttnecommendtr besubstltuted fon the wor"ds |tapprove of" ln Paragraph D - 3.
No objectlons were expr"essed by the CounciL on the r:ecommendatlonthat the word "recommendrr be substituted. Considenable discns sion
a?ose on the necommendatlon that the pnoposed ordlnance provlde fora nmlnimumtt rather than an ttaverage" irfty foot fnontage-.
Planning Conrnlsslon Chainrnan Martln obser"ved that lf establlshed, aflfty foot mlnlmum fnontage would impose a hardship on property
tnlangular.ly s haped.
fn reply to a point ralsed by the Council concernlng Paragnaph D - 3stipulating that the Clty of Burllngame sha11 be made an oraen of
an eesement, where frontage on a publlc street ls imposslble orlmpractlcal, the Clty Attorney advlsed that easements, under thes€
cLrcurstances, mey be accepted on a condltlonal basls. The CltyAttorney further aavised tirat the term "easementtt in thls lnstance,
does not apply to pub1lc servlce easements.
Followlng fu:'ther
for the words " app
discusslon, the wond "recommendtt was substituted
rove oftt Ln Panagraph -, - 3 of Section 1925 andirAmendLng Section ]-926 of the Ordinance Code of
game Regulatlng Permlsslve Uses srd Providlng forORDTNANCE NO
the C lty of url in6
Bullding Regulatlons, Lot Llmltatlons and Lot Requinements and Helght
Llmitations in R-1 (Ftrst Residentiel) Dlstr.ictsd ras introduced f6rfirst readlng by Counej.lman Johnson and a letten of tnansnittal
authorlzed directed to the attentlon of the Plannlng Commission.
The hear!.ng was theneaften deelaned concluded by Mavor B]rrd.
RECESS
A r:ecess was declared at 9:h5 p.m.
CALL TO ORDER
lllre meetlng rras called to order by the Chalr at 9255 p.n.
C OI.,II1II'I,rI CAT I OI,IS
1. IEllr4IcE IUro S4l,E or _$z?5-oqo oR4rrmeE Bon s (Approved by votersApnil B, r95B)
6-)Ee
*a,l-,
6 Apnil L7, 1958, fnon the City }Xanager:, advlsed
egLslatlon to be enacted to provide for the issuaneeDrainage Bonds.
A corrm:nicatlonof the appnopnia
and sale of n725
d atete1
, oo0
l- Upon the advlce of the City A1163ney, )-egislatior was enacted as follows:
a. CouncLlman Rooth moved that the lar^i f ll.n of Kirkb::ide, l^,li1sen,ila:rzfeld & iiallace be empJ.oyed as 1ega1 counselons at a fee ot l/2 ot1 percent, seconded by Cor:ncl1man Thayer and r:nanimously canried.
b. RES0LIEf0N No. 20-!B rtAppr.ovlng Plans and SpecificatLons and Calling
ron @ rb, rSggl -- Stonn Dr:ainage irapnovements -I-tnit 51 Oak Grove Avemre Storn Dnain" was intnoduced by Councllman
Rooth, who mived its adoptlon, secorded by Councllroan Johnson and
unanlmously cal:ried upon r.o11 ca11.
cr RESOLUTIOI.I N0. 21-58 ItEstabllshlng PrevaLling Uags Scale - StonmOr:ai@It !, Oak ,ln=ove Avenue-Stoim Draintr - was
lntnoduced by Councllman Rooth, who moved its adoption, seconded by
CouncLlman Johnson and r:nanl,mous ly carpried upon no11 ca11.
2. ACCEPTAI{CE XEED OT' IECJATTON EASE}ENT WATER LTNE TNSTALI,AITON
A :re commendat Lon fr"on the Ci ty I'lanager. r dated Apr 11 17 , 1958 , that e.
dedication of a public utl1lty easement fnom Eleano:: aad James Shea
be acceptod in connectlon wlth l-mprovements to the water system llithln
the E1 Q,uanlto Acr.es SubdLvis Lon axd the h111s area of the City, lras
concu::red
adopt i.on,
in rrpon motion of Corrncil
RESOLUTION N0. 22-18 r'Acc man l,lorgan, who intr.oduced forepting Deed of Easement of Pub1lc
Utl11ty Easement- Ceconded by Councllmal Rooth and r:nanimously adopted
upon ro11 call of membens.
3. EXTEI'ISION TII'TE GRA}']TED STJBDIVIDER ],IILLS ESTATE NO. 13
{ recommendatlon fr.om the Ctty l.{anagen, ln a coru'm:nlcation datedApr"ll 18, 1958, that the ::equest of the-ttttlwood Development Company
for. a slx months extension of its Subdivislon Agreement fon i'iiIIs
Estate No. lJ, lras concurned in upon motLon of Councilman i'longan,
seconded by Councilman nooth and unanLmously carried.
t,PERM]SSION AUTIIORIZED TO RE:UOVE TRtr',E OJ'J EL CA}'I]NO REAL
A recommendatton fr.om the Clty Manager, Urtr"6 Ap::i1 17 , I ,o5B , endors lng
the necommendatlon of the Pa::k Commlssion, that the ownen of propenty
on the corner of Edgehill Dnlve and E1 CanLno Real be pe::mitted to
remove one t:ree on E1 Caml,no Real to provide an entr.ance and an exlt
dniveway fon apa:rtrrrents to be cons tr.ucted at said location, was
concurned in upon motion of Cor.rncilman Mo:rgan, seconded by Cottncllman
Thayer and unanlmous 1y carr.led.
(POLICY ESTABL]SMD GOVERNING PAYT}'IG OF PARKING STRIPS
A corrmnnicatlon f:rom the Ctty Mana6i'er, dated April L7, 1958, necommendedthat the Councll concurl with the nequest of the Park Conmission ln thatall ::eques ts fo:: permits to pave parklng s tr.ips be f inst x.ef emed to
the Pa:.k Conmis sion.
Upon motion of Councilman Mongan, seconded by Counc ilman Thayer', said
perrnlts wer.e authonLzed to be processed finst tttrough the Park
Comml s s 1on.
254
6. ADJUSTI.{ENT IN BURLINGAME HIILS SE},ACE CIIARGE To CoUNTT
A communl-catlon dated Apnl1 17e 1g!8, was read from the City Manager:,advislng that an equltable adjustment ln the rate of paynent of theBrll'lingame Hllls Sewer Dlstr.ictrs contributl-on to the cost of theCityrs Seuage Plant Additlon, is curt:ently befor.e the County Board ofSuper:vls ors for aetlon and its acceptance recommend€d by thil CountyEngineer'. ft was the recormendation of the City Manapger that theexlsting agreement be nevlsed upon confirmatlon r.ecelved fr"om the
Boar.d of SupervS.s ot s .
Councilman Tha5ren movedthat the Council concul3 and that the CltyAttorney be authonized to prepa::e the appr.oprLate docunent, secondedby Councllman llepgal and r:nanimous Iy ca?'rled.
7. RECOI.O,IENDATION TO REITISE CTTY ORDINANCE AFFECTTNi} DOG FEES
A comrnrnLcation fnom the Clty l,Ianage::, dated Apr"l1 L7, 1958, recom-
mended that Section 1310 of the Clty Ondlnance Code be amended to
conforrr wlth State Govenrrnent Code 36792, establlshlng max lmum doglicense fees fon general 1aw citl-es.
The City l,lanager was nequested to consult wtth the Licenso Collector
and to thereafter submlt a report on the schedule of fees imposed,the number of 1l-censes issued, togethen wlth a recoamendatlon onthe change propos ed.
B. NEQUEST FOR DESIGNATION OF COTLECTOR WAISR BILLS
A commrnLcation fnom the Ctty Managen, 6"166 Apn11 18, 1958, advtsingthat a roquest has been recelved from H. C. IIoward, proprieton of
Maggle ts llus 1c Ma::t in the Bur.lingame P1aza Shopplng Center for
the establLshent of a water bill- collection agency, was r:efemedto the Publlc Utllities CommlssLon for lts study and reconmendatlon.
9. MEM(ENDUIU 0F DECISf0N L. S. TAfLffi-CALYPSO B. LfDELL (Gas
S tatl"on Appllcatlon Ml1ls Ests.te)
A cormnunlcatlon dated Apr: i1 18, 1958, fnorn the City Attorney, advisedthat tn an action filed agalnst the City of Burllngame by L. S.Tailer and Calypso B. Llde11, Judge Louis B. Demattels has flled a
l,lemorandum of Decision ln favo:: of the City of Burllngame. The com-
municatlon was received, acknowledged and plac€d on fi1e.
RESOLUTIONS
None
ORDTNANGES
None
CITY },IANAGER REPORTS
Clty Manage:r neports, dated April 181 l$!8, wene received, and dls-
positlon taken theneon as follows:
(a) Concurrence with a necommerdatlon that authorlty be granted to
change eight parking meters ln the square at the end of Burllngame
Avenue r west of the Southern Paclflc Depot, on an experlmental basls,
fr"om a two hour limit to a ten hotu' Ilmit;
(b) Concumed that the cost of excess punping capacLty facllltles
const::ucted by the Tnorxda1e Constr"uctlon C ompany, necessary ln
provldin€! e new water supply to certaln areas $ras a jr:s t and due
obligation and instructed the City A1tr6pney to obtaln the ltenlzed
s tatement of cos t;
255
(c)
t ank
ald
Appnoved the replaeemont o
, in dlsnepalr at Ffue Stat
*500;
fa
lon
thkty year
No. 1, at a
old 29
cost o
0gfb al1on gasollne
etween $!00
(d) Councl,lman Thayer. moved, aeconded by Councllman Rooth and
r.rnanlmous 1y car:rled, that the C lty Engineer: and the Clty Flanager be
author.lzed to engage addltlonal pez.sonnel, at a cost not to exceed
$21000.00, to assist in the relocatlon of parklng meters and there-stniping of pa:eking meter zones wlthln the Broadway areai
(e) Requested that a c ommr:aLcatl on be dlr.ected to Edward N. & Sa11y
Fnench, 1[[] Paloma Avenue, acknowledglng their communication ofAp:rl1 111 1958, comnrendlng the Bur'l lngame l-lne Departnent, wlth a
copy of both cormnunicatlons transmitted to the Burlingame Fir.e
Depantment .
I]NFIMSHED BUSINESS
1. FUNDS ALLOCATED PARTICIPATION GOLDEN ANNIVERSARY COM}IEMOR,iTION
Councllman Morgqn moved that vouchens, ln an amount not to exceed
$51000.00 to be applled torrm:d the prlntlng of a bnochure and
assoeiated data, corrnemorat lng the Cltyrs Golden Annlvensaryr be
authonl"zed paid, sub ject to t he approval of the City I'tanapler. and
the i"fayor. The motion was seconded by Councllman Thayen and
unanimously canried.
Mayo:r Byr.d aclrnowle dgeci the actlvitles and preparattons of plans
undentaken by the Cityts Golden Annivensa:ry Commlttees.
to
2. COMMISSIO]i VACANCTES
The Clty C1e:rk was lnstnucted to pnepa:r'e a l1st of Comnlssion vacancLes
and dates of e xpir.ation fon transmlttal to the Ctty Cor.rncil prlor tothe next r:egu1ar. meeting. The Chal:: suggested tb.at Councll members
submit names of their cholce to the Clty Clenk for incluslon on theIlst.
NEW BUSTNESS
1. ANNOUNCEMENf OF RETIREI.TENT,R. C. THnUm, CEfEF 0I POLfCE
Mayor Bynd annor:nced the lrnpendlng re tfu:ement of Pollce Chlef, R. C.
Theuen, effectlve September I, L958 and the necessary of creatlng anellglble 1lst for the posltlon of Pollce Chi-ef , Deputy Po1ice Chlefr
Lleutenant and Sergeant .
In the dlscusslon that followed, Mayor Bynd and Councllman Morgan eaeh
voLced theln pnefer.ence that a promotlonal, nather than an open
competlt!.ve exemlnatLon be scheduled. It was also suggested by boththat the matten be nesolved immedlately.
In response to Councllman Rootbts lnqui::y, the Ci,ty l'lanager advlsedthat at thls time, hl-s offi-ce has no ne cornrnendat ion on the tJPe of
examlnatlon that shall serve the best lnterest of tte City.
RECESS
A recess was declaned by the Cha l:: at 10:!! p.m.
CALL TO ORDER
Mayo:r Byrd calIed the meetl-ng to onder at 10:!! p.m.
256
RETIREMENT DTSCUSSTON C ONTTNUED
Councllman Rooth lnltlated funther. dlscussion on the subject of thePollce Chlefts retireiaent by statlng that ti-,e subject wal of srt'flclentimportance to jus tlfy the schedullng of a special Councll cauclut
meeting.
A po1I taken by the Chair lndlcd'ted that the maJority of the
members had no objection to a special nEetlng.
Counc 11man Mor.gan volced hls opposltlon to schedullng an examinatLon
open to anyone but qualifled pensonnel wl thin the Pollce Department.
At theoncluslon of further dLscwslon, a speclal open caucus meeting
was s cheduled for i{ednesdayr Apv!^ 2)e 19i8, 3:00 p.m.
2. PROCLAMATTONS
Mayor: Bynd was authorized, at his dlscretl-on, to issue proclamatlons
on bohalf of the City Coi:lci1.
3. COI'NCILMAN T.IAYER APPOIMTED FIIiANCE CIIAIIII,IAN OF COUNCTL
Councllman Morgan annou-nced his resl6gratlon as Chafuman of the Council
Flnance Cornmlttee and nominated Cor:nc11man Josephlne i{. Thayer as hls
successor. The appoinbment was unanlmously conflrmed. i'{ayor Byrd
acknowledged Cor.incilman Morgants servlce as Finance Chalrman.
l+.WILLIAJ'{ J. }ICIGON RESIGNATION FROM FIRE COM,I]SSTON
Mayon Byr"d announced the reslgnatlon of Wil1larn J. I'lcKeon, as a
member and Chal-rman of the Bur"llngame Fine Commission and advLsedthat Cormlssioner i4cKeon has expressed his wLllingness to serveunt1l such tLme as his succes"or may be appointed.
CLAIMS
Claims, i{os. 11928-1207a, in the amount of $Bor89[.30, for the nonth6f Aprl1, 1p!8, du1y audlted, were approved and warrantg oriered diawn
on the Clty Tpssgury 1n their nespectlve amounts, upon rlotlon of
Councllman Rooth, seconded by Councilman Johason and unanimous ly carrled.
PAYROLL
Payroll warrants, Month of March 1958, Nos. 4354 to l+735, ln the amount
ot- fi67 r253.[1,t, wene approved apon motlon of Cormcllman Thayen,
seconded by Councllman Johns on and unanLmous ly carried.
ADJOUR}II4ENT
The meetlng uas regularly adjourned at 1l:1O p.m.
Respectfully submltted,
#*W,tr;##,,"-*
APPROVED:
Andnew C.
Mayo::
Bfrd,
,6,A"i.rr^A4*/