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HomeMy WebLinkAboutMin - CC - 1958.12.153,5.2 Burllngame, Callfornla December 15, l-958 A regular me€ting of the Burllngame ..glven dete. The meetlng was called at B: OO p. m. City Councll was hel-d on the abovo to order by Mayor Andrew C. Byrd PLTIDGE OF ATLEGIANCE At word from the Chalr all 1n the Councll Charrber arose and gave the Pledge of All-egianco to the Flas. ROLL CALL Pre sent Absent - Councilmen: Byrd -Johnson -Morgan-R o oth-Thayer - Colmci lmen: None MIM]ITES PREVIOUS }{EETING The mLnutes of the previous meeting of December 1, 1958, as submltted to rnembers of tne Council- were unanlmously approved and adoptod on motLon of Councilman Morgan and seconded by C ounc llman Rooth. IIEARTNGS 1. PROPOSED AHIENDED ASSESSMENT Tho Chalr announced that thls was the time and place scheduled for a hearlng on an assessrrcnt of a parcel of proporty v'rl tbln fndustrlal Ass€ssrGnt Dlstrlct No. 2, amended from that deslgnated on the orlglnaL dlagram, conflrmed by the Councll- on January 16, 1956. There belng no protests recelved, either Ln wrl,tln RESoLU?I0N No. 69-58 trConfirml ng Arrended As s es snie n ment DlstrrtcEt was thtroduced for passege upon mot Rooth, secondod by Councllnran Morgan and unanlmous calL. g or verball y, t Industrlal Asses- lon of Councllman ly carried upon r"o11 nCal-llng for Blds on Bonds BurJ-lngame Dralnage nd Dlvlslon - $52rOoot was lntroduced for passage ms.n Morgan, seconded by Councllnan Thayer and COMMUNTCATIONS I. PROPOSED FLOOD CONTROL AND WATER CONSERVATION DTS'IRICT Communicatlons from the Manufacturers I Associatlon of San Matoo County, dated December 11 , 1958 and the Clty Manager, dated December 12, 1958, relatlng to proposed leglslatlon dosignatlng San Mateo County as a Fl-ood Control and Water Conservation Dlstrlct, were eclolrowledgod and a dlscusslon on the subJect held ln abeyance, pendlng the appearance of Mr. teo Ham, ,llv11 Engineer, representlng the Manufacturerst Assoclatlon. 2. BIDS CALI,ED 0N BolrDS FoR FrNAL $32,OOO OF DRATNAGE BoI,IDS A communicatlon from the City l,[ana4er, dated. Decemoen 12, 1958, advlsedthat the bonding attoErey has submltted a resotutlon calllng for blds on bonds for the flnal $32,OOO for drainage purposes. The Council was further advised that the abovo-rrcntioned sum is a portlon of the $?25,ooo bond lssue. RESOLUTTON NO. 70-58 Bonds of 1958 - Seco on motion of Councll unanimously carrled. 3. CONTRoL OF FTLL ACTfVTTTES ON PRTVATE LAI\rDS PRoPoSm A communLcatlon from the Clattentlon to the lnadequacy ac tl.'it le s on prl-vate landspormittlng the dumplng of hazardouspropertles. Manager, dated Decembor L2, 1958, cal1edf clty regulations ln controLLlng f111 nd notLng that some own€rs are prorri s c uous J-51 ty o a materla] on thelr tide ]and CALL TO ORDER INDUSTRIAL ASSESSM'NT DISTHICT NO. 2 353 ft rras the recommendation of the Clty Manager that inasmueh assubject is lmportant to the futuro land use anC development ofCity, it be referred to the Planning Comr"oLsslon. the the The Counci 1 referreci to C ouncl l- . concurred ln the recommendation and the subJect was the Plannina lorfumj.sslon for a definitlve report to the 4.. ACCEPTANCE OF STORM DRATNAGE ]I{PROVEIIdENTS - UNIT #5 OAK GROVE AVE A conurunieation from the City Manager, dated December L2, 1958, advised that the Oak Grove Storm Drainage impr.ovements, under contract to the Stockton Const::uction C om_:any, halre been c ompl-6ted according to plans and specifications with the exceptlon of the furnishing of two 9o-inch fl-ap gates to be lnstalled at the outfal-I end of the twln 9O-inchpipes. For the iniorrnat ion of the Councl}, the Ctty Managor advlsed thaL the two tide gates received were found to be damaged and the Contractor has agreed to furnish and lnstall the tlde gates for the sum of $5rOOO rvi thln sixty days from this date. It was tho recommendatlon of the Office of the City Engineer and the Ctty ivlanagert s Offlce that the lmpr. overnent s lnstalled be accepted and that the sum of $s,OOo be withheLd pendlng ttr e installatlon of the flap gates. CouncLlman Morgan moved that tha CounclL concur and lntroduced for pas sa8 e TRESOLUTION NO. ?I-53 'rAcceptLng Storm Draina.re Improvement s - Unlt 5 - Oak Grove Avenue Storm Draln and Excl-udins Tl<ie Gates from Acceptancer seconded by Councllmen Thayer and adopted unanlmously on ro11 call. 5. UNDERWR]TERS FIRE I].TPROVEI{ENT PROGRAM ADOPTED lII{tTH LIMTTATIONS A comrnunicatlon from the Clty Lianager, dated Decombermitted a revised program to impr.ove f i.re defenses and according to conclusions reached at the study meetlng Dece rrber 8, 1958. 12, 1958 sub- c ond it I onsof the Council, The Clty Manager advlsed that upon endorsement by tire Councll, the revised program shall be forvrarded to the Board of Flre Underwriters:or lts evaluatlon and report lnto which flre zone category the City shall- be placed. Mayor Byr.d prefaced a brlef dlscusslon on the subject, by sugqestingthat the Board of Flre Underwrlters be advised that the program proposed shaI1 be accomplished as tho ti me ard the financlal structure of theCity wl11 permlt. Councllman Morgan recomrnend.ed that the opening pragraph ln the proposed program for the Flre DepartrBnt, be re-wordod to permlt the Council to employ {adCitlonal personnel to malntaln the Ci.ty rs fire stations and equipment' as needed and within the budget and tax llmitatlons of theClty. illombers of the Councll concurred and the Clty Manager was requested to submlt the proposed I'1re Tmprovenent Program to the Board of Fire Under-wrlters, incorporating the ctrange propos6al by CounclJ-man Morgan and concumed in by the Councll. A com:arnlcation from the Clty Manager, dated Decemben 12, 1958, advisedof the proposed East Mll-lsdal-e Industrlal- Park improvement to b6 finan- ced on a special assesstrEnt basis and recommended that tkre resolutionof lni.ention, propared and subnitted by the bond.ing company, througnits attorneyr Mr. Ernest A. Wil-son, be adopted. RESOLUTION }TO. 72-58@ 'A ResolutLon of Intention to Acquire and Mil-Isdale fndustrial- Park,rr introduced oy Cons truc t Council-man ther e -Rooth who moved its passage, seconded by Councilman Johnson wasafter adopted by a unanimous ro11 call vote. 6. PROPOSED IMPROVEIIE]\IIIS I}I EAST MTLLSALE INDUSTRIAT PARK 354 A communication from the City Manaqer, dated Decembo-r 12, 1958, advlsedthat an LnrrostLgatlon made of the complalnt of I{r. Joseph lilasaro con- cerninq lnfringement on hls property indicated no violatlon oxlsts insofar as the city right-of-way area is concerned and other infractions clalmed by iilr. I'{asaro ,re of no mulicipal eoncern. The report was aclmowledgod and ordered flled. B. CLAII,{ OT' VIRGIIITA SHORT REJTCTED A communieation from the City Manager, dated Decomber 12, J.958, re- conr,aending that a claim fifed by Vlrglnia Short for alJ.eged damagesof $5orooo r.esulting from a fal1, be rejected and referred to the Cltyts lnsurance carrier, was concurred in by the Councll-. I APPLICATTON FOR SWTM],,ITNG POOL DENIED MISS KAY ELLIS A communLcatlon from the City ldanager, dated December 11, 1953, was read, notifylng the Council that a r6qu6st has been made by ldr. Lawrence Spelser, Attorney, represonting Miss Kay E1Iis, that thematter of a swimming pool constructlon permlt be placed on the agenda on thi s date . The Council was informed by the Clty Manager that the constructlonpermit has beon refused primaril-y for the reason ttrat several buildlng code vlolations in connection with the bath-house adjacent to the Locatlon of the proposed pool have remained uncorrectod. The Ctty Manager advised that the City wouJ-d be placed in a disad- vantageous positlon tf the permit for a swimming pool was issued prior to the correctlon of buildlng code violations. Attorney Lawr.:nce Speiser, speaking in defense of hls cllent, urged thet the matter of the application for a swi mming pool permi.t be con- sldered as a separate issue and stated that the applieation should not be withheld becauso of a bulfdlng vlolatlon that l-s of a type prevalent throughout the City of Burlingame. In reply, Mayor Byrd stated that the Councll- would concur in the re- corrr-mendati on of the City Manager and withhold action pendlng theeorrection of vlolatlons that appear to be deliberately deprlvlng other prrperty owners of thelr rights; holuever, once corrected, thoappllcant sha1l be gi.ven every consLder.atlon. The Clty Attorney replied to Couneil lnqulrles, by advlslng that thelocation of the structure at the rear of the pr.o pe rty is contrary tothat shown on the slte plan and ln addition, wlndows have beeninstal-led ln vlolation to the buildlng code. The Ctty attorney further advised that the request lor a buildinrr permit was submitted as a rrpackage-dealr project (a bathhouse and a swLmnrlngpool) and therefore shoufd not be permi.tted to contLnue until thevlolat ions are corrected. The matter was thereafter decl-ared conc]uded. CTTY MANAGER REPORTS AND/OR MEMOS (A) ROADWAY TNTO CTTY DUITP A memo from the City Manager, dated December 12, 1958, recomnended that the sum of $3rooo, collected and deposited into the rrDump fmproverent Fund r be expended to extend the temporary roadway lnto the Clty Dump. Counci lman Morgan moved that the Council concu.r, seconded by Counell- rnan JoLrns on. Councl,lman Rooih, on the question, rerninded the Council that $5rOOO was al-located for the purchase of fill for that area and quastlonod right of Councll to expend the sum for the purpose recomnended. 7. COIdPLA]1'M CONCERNTNG VTOLATION PROPERTY RTGHTS INVESTIGATED 355 Ivle mbers of the Councll eoncurred, ardthe expenditure of $3rooo.oo from the was thereafter unanlmously carried. the motion was amend.ed totceneral Dump Fund. n The approve mo tl on (b) TRADE FIVE-HOUR PARKINC METERS AUTHORIZED A memo from the Clty Manager, dated December 12, 1,958, requested autho- rization to trade fifteen used parking meters on rifteen new flve-hour meters. In replylng to Councll lnqulries, the Clty Mana.3er ad..rised that on small or.d.ers, it would be to better advantage to purchase the moters from the conpany now supplylnr3 the eity and the trade applles only to those meters operatLng on a trLal basls on Iloward Avenue. A motlon vras thereafter lntroduced by Councllman Thayer, seconded by Councilman Johnson, that the Clty Manager be authorlzed to coroplete the transactlon as recomrlended. On the question, Councllman Morgan recommended. that the Clty Manager confer with the City Council prlor to placlnE future orders forparklng meters. The motlon was tnereafter unanirnously carried. (c) FOoD ORDINANCE A memo from the Clty Manager, dated December L2, 1958, together with coples of the Food Ordinance in effect in the Clty of San Mateo, were distrlbuted to members of tho Councll. Four exceptions from the ordlnance adopted by the Board of Supervisors of San Msteo Coulty were noted: (I) Bake sales not prohlblted; (2) no fees are set out for the lnspection, (3) ll-censes are obtained from tho clty' and (4) the Board of Revlew is loca1. Following a brlef dlscusslon, the subject matter was held for additl.onal study by the Counc 11. RESOLUTTONS RESOLUTION NO. 75-58 'Acce ptlnq Deed of DedLcatlon of Sewer Easement from Cal forn a Teac ers Association, a Corporation, dated November 28, 1958n was lntroduced by CouncLfman Rooth, who mo.; ed 1ts passage, seeonded by Councllman Morgan and unanLmously carr'led on rol-1 cal-1. RESOLUTION NO. ?4.58 IIAcc eptlng Deed of Dedlcatlon of Sewer Easementdated December l-0, 1958tr was lntroduced byfiom )ofothy H. Ske It on, Cou.ncl lrnan Morgan, who moved Lts passaqe, seconded by Councllman Rooth and unanlmously adopted on ro11 calf. ORDTNAl{CES None UNFINISIIM BUSINESS ZONII{G VTOLATION REPORT CouncLLman Rooth referred to a report, dated October 20, 1958, submittedto Councll and to Department Heads, reco r:.rendi ng certain procedures toprevent future vlol,atlons of the zoning }aw, tho Bullding Code and theIlealth Ordinance of the Clty. Councilman Morgan compllmented Councl lman Rooth on the time expended to cornplete the report and mo.red that the report be aecepted and that thestipulations thereln be complled wlth by the entlre staff insofar asthe staff 1s concerned. The motion was seconded by Councilman Rooth and unanlmously c arrl ed . 2. PAUL ADAMSON DESIGNATED TO SUPERVISE MITLS CREEK ENGINEERTNG Councllman Morgan mo''red that Paul- Adamson, Consultlng Englneer, beauthori zed to proceed wlth flel-d surveys, design and the pneparation of plans and specl.fLcations for the }Iills Croek Dralnage constructlonproJect, second6d by Councilnan Johnson. 1 356 A brief discussion was lnltlated by Councilnan Rooth, who questloned the reason loca1 enginoers were not considered. In reply, the Ctty Engineer cited several reasons to support the en- gagemon t of l,ilr. Adamson, notlng partlcularly that the engineerlng flrmof Adamson and Jenks, had prepared the origlna} over-aLl Fllod Control Dnainage P1an. For purposes of further cfarlflcation, Councllmal Morgan advised that he has been lnformed by a 1ocal engineerlng firn that there are no obJoctions to tho ongasement of an rroutsidot englneering fLrm. The motion was thereafter unanlrnously carrled. PROPOSED FLOOD CONTROL AND 1,1IATER CONSERi/ATfON DTSTRTCT Mayor Byrd referreil to Item No. I on the Aaenda, under 'r0ornmuni cat ions , "Proposed Fl-lod Control- and lllater Conservation District'r and acknow- ledged the pr.esence of Mr. Lee Ham, who appeared to confer wlth the Councll- on the subJect of the proposed leglslation to designate San Mateo County as a Flood Control and Siater Conservatlon District. Mayor Byrd recallod that no action had been taken on a previous appeal, lnltiated by the Clty of Burl ingame, for County asslstance to alLevlate dralnago arri flood problems; subsoquent to which tlme, the Clty of Burllngame has appr.oved, tLrr ougri Lts electorate, a $725rOOO d.rainsge improvement pro ject. The Chalr continued by stattng that he had no obJections to th6 forma-tion of a dlstrlct provLdod cltLes would be glven cnodit for expendl-tures made for drainage lnprovements prlor to said forrnation. Mr. Lee Ham, speakJ.ng in behalf of the Manufacturers Associatlon of San Mateo C'ounty, advlsed that the plan proposed ls for the purpose of establishlng a County-wide dlstrict, dlvlded into zones accordlngto watersheds; such '!zones" to remaln inactLve unti l- a petltitlon is submitted to the governinq cody of the Dlstrlct (Board of Supervlsors) reoue stlng actlvatl on. fn concluslon, [r. Ham stated that a proposed tax on a county-wLde basls would bo an administrative tax for englneering servLces aad not exceed five mi1ls upon a $fOO.OO assessed. vafuation. A questlon and answer perlod foIlowed, wlth members of the Councll recalling that prevlous efforts to organlze a dlstrlct had failed andthe Ctty of Burllnsame has now been placed ln the posltion of havlng been Eon both sides of the fence.'r !rir. Ham concurred, stating the endorsement of the City of Burlingame 1s especially important ln soliclting State J.egislation. Councilman Rooth moved that the May or with the City Attorney, be authorl zed to sddress a comnunlcatlon to the hlanufacturers ? Assoclatlon of San Mateo County, enriorsinq the ,.a'oposal, 1n princlple, provided credlt is aLlowed the City .for experrditures made and oollgatlons in- cured prlor to the formation of the district. The motion was seconded by Councllman Johnson and unanlmously carried. 1. ITALKITT"AY AUTHORIZED BET'!',EEN RAY PARK AND MILLS ESTATE PROPERTY Councllman Morgan referred to a petition recelved requestlng that theclty prorrlde a concrete sidewalk for a pedestrian uay on Lot 7, Block15, Ray Park SubdivisJ.on, connecting Marco Polo \iJay in the Ray Park Sub<ilvlslon, wlth the extension of Mareo Polo }/ay ln the MlIIs Estate and moved that the Clty Tjlanager be authorlzed to expend approximately $5OO.OO to grant the reo-uest. The motion was seconded by Councllman Rocth and unanlmously c arrled. NEl'.' BUSINESS 35? CLAIMS Clalms, for the Month of December, 1958, Nos. 71i5 - 883, ln the amountof $94r529.86, duly audlted, were authorlzed drawn on the clty treasuryln their respectLve amounts, on nptlon of Councllman Thayer, seconded by Councllman Johnson and unanimously carrled. PAYROLL Palrroll warrants, Month of Novenber, 1958, Nos. 7526 - 7875, L to 37,ln the amount of $?Or935.24, were approved, on motlon ol Councllnan Thayer, seconded by Councl lman Johnson -nd unanlnously carrLed. GREETTNGS OE' SEASON EXTENDED TO CTTIZENS Mayor Bynd, on behaLf of tlE Clty Counclf, extended the greetlnqs ofthe llollday season to the cltizens of the Clty of Burllngame. ADJOURNItrNT The meetlng was adjourned at 9:35 p.m. ln respect to the memory of IrIr. Earl F. Schmldt, rember of tho BurI ingame Flre Commission for seventeen years and an actlve communlty leader, who recent.l-y passed ln death. Re spe ctfully submi tted, er rt te City Clerk APPROVED: "hrd-n, €Andrew C. i,{ayor. Byrd *-/