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HomeMy WebLinkAboutMin - CC - 1958.12.01ts46 Burllngame, De cember Cal if ornla 1, 1958 CALL TO ORDER A rogular meeting ofgiven date. Meeting Chair. the Burllngame City Council was hel-d on the above call-ed to order at 8:OO p.m. - Mayor Byrd 1n the PtiDGE OF ALI,EG]ANCE Present - Councilmen: Byrd-!{organ-Rooth-Thayer Absont - Council-men: Johnson Councllman Johnson was excused because of l-11ness, on motlon of Counclf- nan Morgan, seconded by Councllnan Rooth and unanlmously carrled. MI$UIES PREVIOUS }'EETING The mlnutes of the prevlous meetlng of I'Iovember L7, 1958, as subnltted to rrembers of the Council, were unanimously approved and adopted on motlon of Councilman Thayer and seconded by Councllman Rooth. }IEARTNGS Mayor Byrd announced that ln compllance wlth the annua 1 procedure orderlng the destructLon of weeds and the removal of rubblsh, this was the tlme and place wherein objectlons to the proposed removal may be heard and .:Lven due consLderatlon. There belng no protests, either ln writlnq or verbal-Ly, Councllman Rooth lntroduced ard moved the passage of RESOLUTIOII NO. 66-58 tonder- Lng Dest?uctlon of Noxlous and Dangerous Weeds and Rubblsh a Nuisance 1n the Clty of Surli.ngame n seconded by Couneilman Thayer and unanlmously adopted on rofl c all- . 2. SPECIAL PERII,IIT GOLI' DRII.rING nANGE D'W]ILTNS,APPLICANT Mayor Byrd a.nnounceC that a public hearlng on en appeal from the Plan-ning Commlssion d"ecisLon, grant lng a use perntt for a colf Drlvlng Range, proposed to be locpted on }and between the Bayshore Hlghway and city-owned land at the foot of Rroadway and continued from prevlous Councl] meetLngs held on October 6 and on November 3, 1958, was sche- duled on thls date, at whlch tJ.me, both proponents and opponents would b€ gl'"'en an opportunity to be heard. A communlcatLon, dated November 26, 1958, sas read fr"om M:r. P. J. Mu1llns, the app)-icant, submitt5.ng a re,;ised nap to lndicate the relationof the fence on the proposed drlving range to the Paclflc Gas and El-ectrl-c Companyrs hlgh tenslon wires. A comrrunlcation was read from the Pacific Gas and dated December 1, 1958, advising that upon revlew proposed by llr. Patrick J. IhYLLins, there appears ment upon that Conpanyrs right-of-way; therefore, lssuance of a pernlt for a goJ.f drlving range had ELectric Company, of a new plan to be no lnfrlnge- obJectLons to the boen wi thdnann. In reply to an lnquiry 1egal rl ght to reJect Thayer concerning the Councllman Rooth concernlng the Council-rsapplication and to an inqulry by Councilnanality of contl-nulng a hoarlng on a pJ.an by theleg At word from the Chalr. all ln the CouncLl Chamber arose and gave the Pledge of Allogiance to the F1ag. ROLL CAIL 1. WEED ABATEIIENT - ]-959 PROGRAM 3,+7 revlsed from that acted upon by the Plarrnlng Commlssion, the Ctty Attorney advlsed that the Councll nay approve or deny an appllcation or lt rnay be approved, subJeci to certain provlslonsl and, although some modiflcatlon from the or5.gina1 proposal has been presontod, lt ls not a new applLcatLon a-nd the CounciL may proceed wLth the hoanlng. Conmunieatlons recelved from the fo ]l-oqr lng were acknowlodged and placed on file with related documents: 1. From the City Manager, dated October appeal recel',red f rom the dec lsLon of the statLng the reasons therefor; 3, l-958, advlslng of an Plannlng Commlsslon ancl 2. Erom th6 State of CaLlfornj,a, Divlslon of Highways, dated September 19, 1958, annor-rncing recelpt of a revised plot plan for the proposed golf driving ranile and indlcatlng that no objectlons sha11 be proJected. should the City approve the use permit; 3. From the Burllngarae Recreatlon Commtsslon, dated October 28, 1958, rocommondlng agalnst the issuance of a permitl prlmartly for the reasonthat the fence, borderlng Clty property would create an unattractive nuLsance ard wcu1.d lntorfere with potontial landscaped recreation-park acreage; and 4. r?om the Burl ingame Rec?eatlon Assoclatlon, dated October 1, l-958, enterlng an appe a1 from the d.ecisLon of the Plannlrtg CommlssLon,stlpulatlng its reasons and urging that the Clty retain eontrol of the l-and. l-ocated between the Clty-owned property and the Bayshore Hlghway. The Chalr invited Mr. Mulllns, the appllcant, to expfain tho revlsod p1an. i{r. Mul}lns complied by lndlcatlnq the area proposed to be fenceC and the locatlon of the tees on tde plot pLan. From lnqulrles Cirected to lrlr. Mullins, the Council" was advlsed that new fence lines were ostablished to avoid interference wlth the Paciflc Gas and ELectric Coopanyr s hlgh tonslon wlres and that the fairv.-ay now encompasses an area of 64O foot ln lengthe l-9O feet In uidth, with the narrowest dlstance from tho drivlng range to the Highway, approxlmately 7O feot. In additl on, Mr. MuLllns advlsed that he may plant trees lnstead of a fonce on the easterly slde of the property. He fUrther advised that he proposed to apply for adequate lnsurance. tr'or the lnformation of tho Councif and at the request of Councllm.an Morgan, the Planning Consultant advised that the l-and ls zoned M-1(f,ight Industrlal; ) however, as the ordinance aoes not include an entorprLse as th&t proposed, a tuse permltq was therefor re.uested. Iilr.. Leo Kriloff, 2515 Easton DrLrrer spoke ln favor ol the proposed p1an, urglng that the fac1llty be permltted. At the requost of the Chair, tho followlng opponents spoke agaLnst th6 goJ.f drlr'lng range: Recreation Commlsslon nembers, Ed Arnold, who submltted a mode1, scaledto si.ze, l-Ilustrating how the fenee shal- 1 appear; Victor Manfllnl, whostatod that the property is too narrow and a hazard; Suzanne Strauss, who obJected to the plantlng of trees on the easterly slde of theproperty in lieu of a fence as proposed origiaal.l.y; Johl L{ackosy, Chairman, wLro, Ln addltion to hls protest, recalled that no further menti on has been made to lease an additionaL two acres of land omedby the City; Mr. Russ Engl-e, member ol the Burlingame Recreation As-sociation, and ltlr. Jim Crouch, rep::esenti.ng the Hyatt Houso enterprLses. Mr. Manginl sumaari zed the nain objections to conclude the pr€sentatLonof the opponents objections: (1) the unsightliness; (2) t,he hazard;(3) the depreclation of property w:i thin the area; *d (+) the loss ofcontrol of the property by the Clty. --'1 348 Mayor Byrd, ln his summarization, stated that tbe Council rrust determine whether to approve or to reject the appllcation for an enterprlse not defined ln the M-1 Zonlng Ordlnance; to determlne furthen whether the locatl-on is appropriate for the proposed use and to consider the follow-lng facts: The additional traffic that sha11 be created going to and coming fr:om the Broadway Overpass and ad jacent secondary streets; whethor protE rty values may depreclato; tho nulsance bocause of nightlights and nolse; and, whether the property vould be better retainedfor commercS.al purposes adding more tax dollars to the clty. A recess was declan:ed by the Chair at 9:l-5 P.M. CAI-,I TO CRDER The meetlng was ca11ed to order at 9:3O p.m. by Mayor. BJrnd, who plac€d the matter before the Councll for actlon. Councilnan Morgan, inltlating Councll discusslon, stated that new polnts have been lntroducdd rendor.i.ng lt confu sing to reach a declslon and suggested that lt be referred asaln to th6 Plenning Commisslon to deter- mine whether the revlsed 19O foot wid.th is of a sufficient dLstanee and whether the planting of trees rather than the erectlon of a fence onthe oasterly portion of the proposed golf dnlving range ls acceptable. C ouncl lrnan Rooth stated that he was in favors of permlttlng the appli- cant the rlqht to use his property as he proposes, perticularly when both the State Division of Highways and the Pacific Gas and J)-ectrlc Company have no objectlon and the CouncLl has been 2ssur6d by the ap-plicant that adequate insurance shal1 be provlded. Councl-lman Thayer stated that she was opposod to grant ing the permit prlmarlly because of the potential hazard. CoulciLman Thayer there- upon rnoved that the Counci,l dlsprove the action taken by the Plannl.n8 CommL s si on. Mayor Byrd spoke of his ob jecti.on to the l-ocatlon selected by the ap- pJ-1cant, expressing the opinion that trafflc problems would be lncre6sed, the use of the factllty w oulct create a nulsaIlce, because of the nlghtllghts ard the noise and lt rnay hlnder the progress of the futuro plans of the Clty lor the development of property in that area. The Chalntherefore seconded the motlon of Councilman Thayer. Councilnan Mor"gan, repeating hls prevlous suggestion that the matter be ageln referred to the P).arrnlng Commlsslon, stated that he would vote 'ayo' with Councilman Rooth to block th6 passage of the rnotl on at tbis tlme. A ro11 call vote was thereafter recorded as follows: Ayes: Noes: Ab s ent C ounc l1men: Councl l-mon : Councllman: Byrd -Thayer Iforgan -R oot h Johnson The nesuLt was announced as a tie vote. Councilman Mongan moved that the hearlng be continued until- the Council meeting of January 19, 1959 arrd that tJ1e subject matter be further expJ-ored by the Plannlng CommLsslon, rd th tts recomrrendatl-on submlttedto Council prlor to that d.ate. The motion was second,ed by Councllman Rooth and uIranlmously carried. COi,{IJTUN]CATl ONS 1. STANDARD FOOD ORDINANCE In response to a communlcatlon from E. R. Stallings, Oounty Menager, dated Novemb e-n 26, 1958, requestl-n;: tlme on thls date to c onfer withthe Councll on the subJect of the Stand.ard Food ordinanco adopted bythe Board of SupervLsors ln 1953, Mayor Byrd a c }o:rowledged the presence of Alvin S. Hatch, Cbairmarr, County Board of Supervlsors and E. R. Stalllngs, County Manager. 349 Hr. Stalllngs, in addressing the Councl], urged that lts prevlous action be reconsldered and that the county-wide unlform food control ordLnance be approved. lllr. Stalllngs advlsed that only two commu- nitios wlthln the county have fal.fed thus f ar to cooply. hlayor Byrd, on behalf of the Council, advised ldr. Stalllngs that the maln obJectlon to the ordlnance was a provi,sl.on enabling the County to collect license fees wlthln the Clty and a provision outlawing the sale of cakes and foods at church socials srd sinilar events. In rep1y, lilr. Stalllngs advlsed that non-profit organizations, con- ducting such sales shalL be requlred to obtain a permit; however, al-l are exempt from paylng a fee. Mr. Stalllngs stated that once adopted, the Clty may, from time to tlme, amend or repeal- sectlons rto fl.t the needs of the Clty of Burllngame.'i Followlng a brlef discusslon, Uayor Byrd advLsed that the Council shall take tbe natter agaln under advLsement. 2. GROVE AVENUE STORM DRAINAGE PROJECT ACCEPTD AS COMPLETE A comrnrnication, dated November 28, 1958, wag read fr.orn the City Manager, advising that the Contractor, E. T. Ilaas Co., has completedthe lnstallation of storm dralns along Grove Oavenue ard across Callfornia Drlvs ln accordance wlth plans and speelficatlons. ft wasthe re c om:'ne ndatl,on of botlr tfle Offlce oi Clty Manager ard tho City Englneer that the proJect be accepted as complete. Councllran Morgan nov6d that the Councll concur 1n the recomnendation, seconded by Councllman Thayer and. ulanlmously carrled. 3. ACCEPTANCII PAUL ADAMSON, ENGTNEER, PROPOSAL WITHIIEI,]I A communlcatl on from the Clty Malager, dated November 28, 1958, re- commended that PauJ- Adamson, Consultlng En;:ineer, be authorLzed to pnocoed wlth lield surveys, deslgn and the preparatlon of plans and. speclfications Ln order that construction nay eornEnco on the Mll-Is Creek Impro.rement r next proposed as a part of the Cltyrs Storm Draln- a.,qe Program. fn roplylng to Councll lnquLry, the City Englneer advissd that the Improvement l-s a portlon of tlro project to be flnanced by funds derived fr"on the $725rOoO.OO Bond Issue; hwever, the proposed proJect has never beon englneer:ed . A motlon to engage Consultlng Englneer: Adamson, lntroduced. by Councllnaan Thayer, failed for the lack of a second. The Clty En;;ineer rvas requested thereafter to be prepared to submltto Counell, at lts next rogular meeting, for purposes of clarifleatlon,the ovor-all Flood Control Drainage Plen, prepared 1n 1954 by the Concultlng En:lneering flrm of Adamson and Jenks for the City of Burllnga re . 4 CATIFORNIA DISASTER OTT]CE RESOLUTION RE: SURPLUS MOPERTY A communicati on from tho City Manager, dated Novembar 28, 1958, reas read, whereln the Councll ras advised that the Callfornia DlsasterOffice has reconnended the adoptlon of a new resolution, eLlminatlng the necesslty of havlng to pass a similar resofution wlth each acquisition of property havlng an origlnal cost of $2r5oo.oo or more. ft rnas the recom;rondation of the Ctty Manager that said resofutlon be adopted and the Clty Maaager and/or tlre Deputy Dlrector of Clvil Defense desig- nated es the partles to sLgn the werelrouse issue sheet for surplusproperty. Councilman Rooth suggested, with the Council- concuring, that the wordnandrr be dol"eted arrd the City Mangger oo!.u the Deputy Director authorized to sign f or: surplus property. RESOLUII ION I{O. 6?-58 nRelat lng to the Donatlon of Surplus Federal Property aIId DesLgnatlng Appropriate Authorlzationt we.s introduced. by CouncLlman Rooth, who moved l-ts adoption, seconded by CouncLl-man Thayer and unanlmous J-y adopted on ro11 call. 35G 5. MA$i]FACflIRERS ASSN. RE: LEGISLATION CRIIATING FLOOD CONTROL A }etter dated Novenber 28, 1958, was read fron the Clty Managor, ad- visLng that a request has been necelved from the Manufacturer.s Assocl-ation of San Mateo County sollclting the Clty of Burlingame r s concurrenceln the submlssion of State legislatl-on creating a San l[ateo County Flood.Control arll Water Conservatlon Distrlct. The Clty Manager was roq.uosted to e xplone the subJect fu?ther and to submlt his reconrmendation at the next meeting of the Councl1. 6 COIy{PLATNT ON ATIEGED ILLEGAL USE OF STREET AGATN TNIEST]GATED A corrnunicatlon from the Clty Manager, dated Novemb er 28, 1958, was read advLslng that the complaint recelved ln a petltlon fll6d by Mr. Henry E. lltahler and others, concerning an a).Ieged i11gal use of a Bur- llngame street by a Hi.llsborough resldent, has been Lnvestlgatod and the complalnt f o',md to be unwarrantod. Mr. Joseph Masaro, 1OOI Drake Avertue, one of the complainants, arose and asaln alleged his property rights were bej.ng vLol-ated. The subJect was referred to the Clty Atto:'ney, to the Clty Englneer and to the City Mariagor for further investlgatlon and report to Councll-. 8. APPL]CATION FOR VARIANCE TO KINGSWAY CORPTRATION GRANT@ A conmunlcation from the Planning Commisslon, dated l{ovember 25, 1958, advlsed that an applleatlon for a varlance, submitted by the KlngswayCorporatlon, to permlt the construction of an office bulldlng facing Chapin Avenue and on property zoned C-] and R-4, had resulted ln, upon motlon to approve, a tie vote, three for and three agalnst. A communicatlon from the Law Offlce of Anderson & McM11lsn, dated November 26, 1958, wss p€sde appeal-lng from the actlon of tho Plannlng ConnLsslon. Rlchard McGowan, Attorney, representing saLd law f lr.m and the appllcant, dlsplayed the plot plan and stated that in ord.er to dupllcete the Klngs- way Building lmraedlately sdJacent, lt shal-l- be necessary to constnrct aportion of the proposed bulldlng on property zoned R-4. A communlcation from the Ctty Manager, dated November 28, 1953, recom- nend lng that a clalm fLled by Thora Johnson for $92O.OO for aIle ged damages as a result of a fal-L upon City sldowalks, be rejectsd arrdreferred to the CLtyrs lnsurarce carrler, v{as concurred 1n by the CounclJ.. Mr. l\{cGowan advlsed that a concrete culvert sha}l be constructedthe dralnage dltch now runninq ttrro ugh the center of the R-4 lotthereafter rendered aval-l-abl-e for parking faclllties. across and Councllman Morgan moved that the appllcatlon bo granted, seconded by Councllman Rooth and unanimously carrled. CITY MANAGER REPORTS AND,/OR lGilOS (a) DTCK BULLIS CHEVRoLET AII'IARDED BID A memo to Coune11, dated Novemben 28, 1958, advlsed that Dick Bu1lls Che.rroLet ls the ]ow bl,dder on ttr e bids submLtted for the purchase ofthree new poJ.!.ce cars. Ttrere being no &Jectlons, the Clty Malager was auttrori zed to award the bld to Dick Bul,l-ls Chevrolet. (b) FWE HOUR PARKTNG METER ZOT{ES A nomo to Council, dated November 8, 1958, advlsed that an addltionalflve-hour meter zone had been croated on the north slde of Howard Aveare from Prl,mrose Road east to the a11ey and that an lnvestigatlonshall continue on the posslblllty of creatlng additlonal flve hour"meter zones. 7. CLAIM OF THORA JOHNSON REJECTED Inth sh 351 (c)BOARD OF' FTRE UI{DERIITTTERS PROPOSAL a memo to Councll, dated l{overnbet %, 1958, tho Clty Managsr urgedat the metter of tLre program of the Paclfic Roard of Flro Und€rsrLtors ould be dl scussed and a pollcy determined soon. RES0LUTI0N NO. 68-58 rAuthorlz lng the Execution of AgIoeIBnt With the PenLnsula llumano Soc16ty, a Corpora tl on, To llalntaLn and Enf or.ce Al-l Exlstlng Appllcsble Ordlnances ln the Clty of Burl lnganre Appentalnlngto Anlmals Upon the Publlc Ways and Streets'r was lntroducod oy Council- raan Rooth, rho moved lts passage, seconded by Councllman Morgan and adopted unanlmously upon ro11 eal 1. ORDINA}ICES The Clty lreeting, f o11ow 1ng C1 Mo 1 erk was nequestetl to preparo an agenda for a Couacll Stutly nday, December 8, 1958, I otclock, p.m. and to lnclude the tems for d1scusslon: (r (3 (+ (s (6 ) MetenLng program fon the Clty of Burl lngame ) goard of Flrs Underrrlters recomrrendatd. on ) Fooa Ordlnance (County Unlfor: ar) ) Zonlng abuses rlthln the Clty of Burl i.ngame) Pollcy concernlng ttre Police Plsto1 Range, and ) MLscellaneous. NEV/ BUSINESS }. PIJ}ICHASE THREE WHEEL MOTORCYCLE In reply to CouncLfnan Morganr s lnqufu'y concerning the purchase of athree wheel motorcycle, the Clty Manager advlsed that lt ls hls lnten-tlon to lssue a purchase orrier. A bni.ef dlscusslon arose on the subJ€ct, udth monbers of the Councll of the oplnlon that 1t rould be more advlsable to ad.vertlse for blds. 2. SflIIIIOITING POOL APPLICATION - Ka y 8111s, 124 Occldental Avenue Lawrence Spelser, Attorney, representing Kay 8111s, 124 Occldental Avenue, addnessed the Councl]. and r.equosted that actlon be taken onhis cllent rs appllcatlon f@ a permlt to constmct a swi mmlng poo1.llr. Spelser ras re,ruested to confer slth the City Managen. ADJOURNMENT Thereat 11: APFROVED: be 20 lng no furthen business, the meeting ras negular:1y adJourned p.m. Respectfully subml t ted, r r t hl teCity Clerk tLndra,;26i ANDREW C. B MaYor RESOLUTIONS None I'NFINTSIIED BUSINESS I. STUDY MEET]NG SCHDI'I,ED