HomeMy WebLinkAboutMin - CC - 1954.05.17151
Burllngame - Callfornla
May 17 , tg54
A negular meeting of the Burllngame Clty Counell was held on the above
given d.ate. MeetJng caIled to ord.er at B:20 P. M. - Mayor Atwater in
the Chaln.
Rol1 CaIl: Pnesent Councillnen: Atwater-Byrd-Love-Morgan-Rooth
Absent Councilmen: None
Prior to Couneil actlon on the mlnutes of the previous meeting of
I{ay 3, ]-?5l+, lulr. Jares Hlnsnel questloned. whether the mlnutes.may be
Braended to lnclude in the necord.s tfrat at the time the agreement of
annexation betroeen the Clty of Bur]lngame, the Clty of Millbrae and
the Atlantlc Life Insurance Company, was executed, t}te zoning was
also slmultaneously affected and now ln fu}l foree and effect, Mem-
bers of the Council replled negatlvely. On motlon of Counci-lman Lover
second.ed by Councllman Roothr the mlnutes of the meeting of May 3,195\, as submitted. to memabers of the Coqu:cl1, were approved.. Speaklng
orr- ihe question, Councllman Mongan and Councilman ryi'h concurred on
the issue introduced by lt{r. Himmel. Voting on the motlon, the Councll
unanlmously adopted. the minutes. The Clty Clerk was instructed to as-
certain for Council lnfonmatlon that the mlnutes of the meeting ln
whlch the agreement above mentioned, was accepted, record the fact
that 1t was an inton-related. document.
Mayon Atwater announcod that thls was the tlme establlshed by the
ad.optlon of 0rdinance No. 55A, fon hearing on the intentlon to vacate
a portlon of Vald.lvla Way 1n Ray Park. A letten d.ated May 1[, 1954,
was nead from ttre Boand of Fire Commissloners, recommendlng that final
declslon.be held 1n abeyanee untll such tlme as the flnal stneet 1ay-
out ln the Mllls Estate ls eompleted.
A lette:: dated }{ay 111, 195\-, was read. from George A. Mann, Plannlng
Consultant, by dlnectlon of the Plannlng Commlssion, advlsing that
the Plarrnlng Commlssion had unanlmously necommend.ed. that the street
not be abandoned. at this tlme, for several reasons: (1) untl1 the
development of the Mi}1s properties mskes posslble new accesses for
the lnstal]ation of utllltles t (2) alternate accesses to th6 adjoin-
lng area are provided and (3) Va1dlvia Way ls the loglcal &ccess to
an area proposed by the Recreatlon Commissj-on for a w1l-d-Iife park.
A further letter dated April l6, 195\, was read. from Dlrector of Pub-
1lc Works Marr, advislng that the proposed abandonment of the souther-
1y end of Valdlvia Way will neeessitate the read.Justment of exlstlng
uttlltles and ln h1s oplnlon the Clty should not be obllgated for the
cost of readJustlng the exlstlng utl1lt1es.
Cyrus McMlllan, attorney representlng T[e6 Q. Meyen & Son, the ap-plicant, addnessed the Councll and advlsed that hls c llent w111 bearall expenses ineldental with the removal of exlstlng pavement, slde-walksl curbs arrd guttens and the lnstallatlon of new sldewalks, curbs
and gutters. Mr. McMl11an submitted a petltlon by resld.ents and prop-
enty owners of Ray Park, lndleatlng approval of the proposed abandon-
ment.
ngs
way
Mr. I::vl:
McDonald.in turn,
request.
urgI{r
choenfeld, 23AO Davls Drlve, Ml:. A. B. Beaumont, l-61$
, and Mr. Robert H. DennLngen, 25OO Valdivia Way, each
ed the aband.onrnent and clted reasons to substantlate thelr. Ernest A. Rltchie, 1812 Devereaux Drive, Presld.ent ofthe Ray Park Impnovement CIub, stated, that that assoclatlon had voted.
unanlmously to reeorrnend the aband.onment Ls proposed.
Mr?. Ar.thur T. Roth, U4g Benlto Avenue, expressed. his opposition tothe proposal unttl such time as the Ml1ls Estate ls fu1Iy plar:ned and.
d.eveloped..
Mr. Theo G. Meyer, the appllcant, requested that the Councll lnltlateactlon ln order that tle may proceed vlth dtsposltion of his propertyln that area.
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In response to Councllman Byrd.ts lnqulri-es, Mr. McMlllan advlsed that
lf the abandonment is approved his cllent is obligated to fl1e a sub-
divlsion map at whlch time the necessary easements and. the relocation
of utilltles may be included.
Fo11owlng fu::ther dlseussLon and considenation, Councllmqn Morgan ln-
tnodueed.-and moved the passage of Resolution No. 3L-54, trVacatlng a
Portlon of Valdivla Way, a PublLc Stneete Ray Pank Subdtvlslon, Bur-
llngame, Californj-a rr wlth the request that the appllcant submlt alotter outllning 1n dotalI an agreement to grant to the Clty the re-
quired. easements and to assume all costs nelatlve to the locatlon and
reLocatj-on of utilltles. Ihe motlon was second.ed by Cor.rncllman Love
and unanlmously carriod on ro11 call of members.
A letten dated May 11 ,195\, wa.s read from R. C. Theuer, Chief of
Po1ice, advislng that the submission of an appllcation by Terence
Heavy Co. to eonduct an auctlon for a period. of thnee days, May 20,
21, 22, 195\, at the Burllngame F"ugnlture Company, conforms with neg-ulatlons as provlded. ln Ordlnance No. 254. Counellman Rooth movedthat the appllcant be granted. a pe?nrlt to conduct the auction at thetlne so stlpulated, seconded by Councllman Byrd and unanlmously cap-
nled.
A letter dated May 11 , L95\, from Chlef of Police Theuen, recommend.-
ing the approval of a request submitted by Mrs. Bnma Ryan f or" an ad.-
ditlonal two weeks vacation, without paXr was concurred. in on motion
of Counel]man Bynd, seconded by Councllman Mongan and unanlmously
carried..
A lette:: dated May 1, L95\, was lread from Howard G. Dodge, wlth an ex-
presslon of appreciation to members of the Clty Councll, Executlve
Secnetary of the Chamber of Commerce, Mr. G:ranvllle Brownlng, and. to
Mr. Edward. Lincoln, Direetor of Recreatlon, for the coopenatlon and.
assistance in the conduct of the Annual Junior Hand Court Tennls Cham-
plonship Tournaments. At the dlrectLon of the Council, Mayor Atwater
was requested. to dlnect a letter of neeognLtion to Mr. Dodge.
A letter dated May 1l , 1954, was read. from Amor.ican Federatlon of
Labor, Shlpyand Laborers Unlon, Local 886, requesting Council- consld-
enatlon 1n the support of a House Resolution to increase bay anea
shlpyand. activlty. ,s.Councllman Morgan i-ntroduced a^nd moved the passage
of Resolution No. jZ-51+, endorsing the House Resolution ln lts Con-
gress Cormmltteet s study to maintaln the bay area as a seaport, seeond-
ed. by Councilman Byrd and i:nanlmous],y adopted. on ro11 call of membe:rs.
A petltion submltted. by the Burllngvlew Gar.den Club, si-gned. by approx-
imately 95 residents and propenty owners wlthin the viclnity, in whlchIt was requested that action be initiated to ellmlnate a traffic haz-
ard on Summltt Dri.ve anl Skyline Boulevard., was referred to the Chief
of Police and Dlrector of Publle Workso
A letten d.ated May 7r l-95l+, was read. from Lloyd f,ynes, Prineipal of
the Hoover School, expresslng appreciation for the completlon on the
sidewalk pnoJect conneetlon H111sid.e Clrcle and Summit Drlve. The
City Clerk was instructed to acknowledge the comrm-micatlon.
A letter was read. from Mr:s. Anna Hel:nz, ll37 E] Camino Rea1, nequest-
lng the removal of an eucalyptus tree on the drlveway of the pnoperty.
Mrs. Helnz, ln attendance, was ad.vj-sed that 1t has not been the pollcy
of the CIty to Assume the costs entailed by such removal. Councllman
Rooth expressed his oppositi-on to the lndiscrlmJ.nate removal of trees.
Councllman Morgari compllmented Councllman Rooth 1n concurring with the
Councllrs posltlon on the preservation of tnees niittrln the Ctty of
Burlingame. Mrs. Hei-nz theneupon withdrew her request.
Reports from the Fire Departrnent, the Police Department, the Recre-
atl-on Depantment and the Depantment of Publle Wo:rks fon the month ofApnl1, 195\, wore read, acknowledged and placed. on file.
UNFINISHED BUSINESS:
1. Clean-Up Week Campalgn. Councllman Byrd advised. that untll
such tj-me as the Cltyt. refuse camler submlts an estimate of cost,
the report will remaln incomplete.
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2. 901-90? Bunllngame Avenue, rrBurlingame Guest Houserr, alleged
zonlng violatlon. At the request of Attorney Cynus McM1l1an, repre-
sentlng the lessons, the subject was held i-n abeyanee for thirty days.
3. Tnaffic Ordlnance. Couneilman Byrd reported that a comprehen-
sive traffie survy may be inltiated preparatory to the lntrod.uctionof a trafflc ordlnanee, establlstrlng trrrck noutes, 11miti-ng and con-trolling welghts, etc.
The City Clerk was lnstructed to notlfy each depa:rtment head to submlt
a budget for the fonthcomlng flscal year, to Chalrman of the Counell
Flnance Committee Councllman Byrd, on or before the next regular meet-
1ng of the City Councll
Clalms Nos. 53tO - 5tr|33 incluslve, wlth the exceptlon of Clalm No.
SnA, i-n the amount of $37,997.LV5, duly audlted., were ondered. dnawr
on the Clty Treasury for thelr respectlve amountsr on motlon of
Councilman Byrd, seconded by Councllman Love and r:nanimously camied.
Payroll wanrants, Nos. 7l+66 to 7825, incluslve, in the amount of
$50rr+O.47, for the month 6f Apr11; were approved. on motlon of Couneil-
man Byrd., seconded. by Counciknan Love and unanimously earrled.
A letter dated May 10, L95l+t was read from the law firm of Foley,
Bnanson and Llmpert, representlng Safeway Stores, Incorporated, ad-vlslng of the fi1lng of two petltlons for (1) a reclasslflcatlon of
a poriion of lts land and (2) a panklng variance to complete an over-all plan for the eonstnuetlon of a market. fhe cona'nr.rrlcation further
ad.vlsed. that the Clty of Bu::1lngame is the owner of a triangulan
pancel of land which pnotnud.es lnto the land of the Safeway Stones,
fncorpor.ated, and it was requested that the Clty of tsmrllngame offen
the said stnlp of land for sale. Councllman Love moved that the com-
munlcation and. accompanylng petitLons be neferred. to the Plannlng
Commls sion, seeonded by .Councllman Rooth and unani-mously carri-ed..
Couneilman Morgan lntroduced for flnst readlng, an ordlnance propos-
lng to zone Ml11saa1e No. 1as M-1 (ffght lnd.ustoy) wlth the requestthat the Clty Attorney prepare the ordlnance for second reading and
adoption at the next regular meetlng of the Clty Couneil, June 7,1954. Ihe introductlon of the ordlnance was preceded by a written
statement prepa::ed and read by Counellman Morgan ln which he statedhls reasons for pnoposlng the ord.inance.
Councllman Love stated that the subJect ls currently belng heard. atpubIlc heanings cond.ueted by the Plannlng Commlsslon at the nequestof the Councll and 1n hls oplnion no aetlon should be taken untl1 a
recommendat j-on ls submltted by the Commls s1on.
Questloned by the Counell in reply to inquirles concernlng a Govern-
ment Code provl-sion that a Plannlng Commlsslon recommend.ation must be
received wlthln a perlod of fonty days, Actlng City Attorney Karmel re-p1led, the gove::nment Cod.e doe s lnclude a mandatory period- of f orty
days, whleh 1s effoctlve unt1l a rmrnicipallty enaets an or.d.lnanee stip-ulating 1ts provlslons. Acti-ng Clty Attorney Karmel expressed the
opinlon that in thls case, the pnoeedune of both the Council and the
Plannlng Comml-sslon is 1ega1.
Fol-lowing furthen dlscusslon, Ordinance No, 551 rrZonlng Mlllsda1e No.1
as M-Irt was scheduled for a second reading and publlc krearing at thenext regulan meeting of the Clty Council, June 7,1954, B 0tclock P.M.
Mr. Angelo Delacassa, 1[1 Vlctorla Road.e lnguired as to r,iren the elty
may remove a tree ad.Jaeent to his property, a1Iegedly causi-ng a riseln the sld.ewalk. Dlrector of Pub11e works Marr advlsed that due tothe numerous slmllar condltlons withln the clty, the smal1 allotmentpnovided ln the budget and. the shortage of depantment personnel, prp-gress on the proJects proceed slornrly. Followlng funther dlscussion,Mr. Manr was .lnstructed to submlt lnformatlon concerni-ng costsr raltherby contract or by the employment of addltlonal pensonnel, at the timethe h:.dget is rmder conslderatlon.
fhene belng no furthen buslness, the meeting was regularly adJounned.at 11:00 P.M.
tful 1y submltAPPROVED:
K. WHITEH.KENT ATWA
MAYOR
R
Res e
CITY CLERK (