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Burli.ngame C alif ornia
July 5, 195\
A r"egular meetlng of- the Bunlingame City Council was held on the
above glven date. ihe meetlng was called to order at B:30 P.M.
the Cor:nci1 having first met as a Board of Equallzatlon. Mayon
Atwater in the Chaln.
Rol1 Call: Present Councllmen: Atwater-Bynd-Love-Morgan-Rooth
Absent Councilmen: None
The mlnutes of the regular. meeting of June 21, 195\, as submltted to
members of the Coune11, were unanlmously approved and adopted on
motion of Councilman Mongan and second.ed, by Councilman Love.
A letter d.ated Jrrne 2a, 195\, was read from 8111 Sherwood and Ted
Car.ter, requestlng permlssi-on to paint street audresses on curbs at
a fee of seventy-five cents to each resident. Councilman Byrd moved
that pennlssion be grarited, with a stlpulation that the residentrs
approval be obtalned prior to palnting the curbs, seconded by 6ounc11-
man Morgan and. unanimously carrled..
A letter dated. July 2, 195\, was read fr.om the Civil Service Commis-
sion, requestlng th.e renewal of the eligible list for polieeman estab-
llshed August 3, 1953. fhe Cor.rnc11 were advlsed by Crrief of Po1lce
fheuer that upon the appointment of two police officers to fill exist-ing vacancles, the list as establlshed on that date, would automatic-
aIly explre. Councllman Love thereupon moved that the Civil Service
Commlssion be instructed to create an eIlglb1e list for the position
of patrolman, seconded by Councllman Rooth and rrnanimously caried.
A letter dated. June 29, 195\-, was read from R. C. Theuer, Chlef ofPolice, advlslng that Offlcer Hanry P. Emenlck, has submitted his
resi-gnation, effeetive as of July 11, 195\, to accept a positlon wlththe Californla Iltgfrway Patrol. Counellman Rooth moved that the Coun-cll aceept the resignatlon and that the City Clerk direct a letter toMr. Emerick expr.esslng Couneil appneclatlon fon hls fi-ne recond withthe Police Depantment. The motlon was seconded by Couneilman Love
and. r:nanlmously eanried.
A letter dated July 1, 195\, was r:ead from Chlef of Police Theuen, re-questlng that vacancies be fi11ed ln the Police Department r created bythe resignation of 0fficer Evnerlck and the retirement of Captaln Hart-nett. The Cor:nci1 wsre advlsed that of the five men on the estabLish-
ed eIlgib1e 1ist, onlybso are ava11ab1e for appointment. Counci-linan
Love moved'that Edward L. Kenrlgbn, I{o. 2 on the estab}lshed. eligiblellst be appointed effective July 11, 195\, subject to Civll Service
nequlrements, seconded by Councilman Byrd and unanimously carrled.
Counci-lman Love furthen moved that Donald A. Rogers, No. l,r- on the
eIlgible l1st, be appolnted, subject to regulatlons provid.od in theCivil Servlce Rules and. Regulations, effectlve July If, L95\, second-
ed by Councllman Rooth and unarrimously carrled. Chief Theuer was
advlsed. that the Councll and Clvi] Servlce Cornnlssion w111 confer onhis request that an eligible list be created for the posittons ofLleutenant, Sergehhts and. Patrolmen.
A letter dated July 2, L95\, was read from Chlef of Pollce Theuen,
advislng that a request has been recelved from Mr. and Mi.s. A. Schmidt,
or^rnenrs of Albertts Restaunant, L\65 Burlingame Avenue, for permisslon
to apply fon a llcense to dlspense trand llquor wlth mea1s. Mayor At-rrater stated that the Councll is opposed to the lssuance of ad.dltionaltron sale generalrt liquor lieenses, hrt that there would be no objectionto gn-- application for a transfer of an exlsting llcense within the Clty
of Burllngame.
A letter dated July 2, A954, was read. from Chlef of Police Theuen, ad-vislng that the owners of the Chantlclegr Restaunair.t, Doris E. Keln-hofer and Evel;m Deemen, 2!0 Prlmnose Road, havlng requested permissj.on
to apply for. a li.cense for the purpose of servlng hand 1lquor at thataddress. The policy as establ-lshed by ttre Councll on the above wasapplied on the latten request.
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A letter dated June 30, J-95l+, was read from G. J. Marr, Direstor of
Pub1ic Works, submitting the resignation d Mr". Pete Iori, grounds-
man in the Park Department, effective July 15, 1954. The.,resiSnation
was accepted on motion of Councilman Morgan, seconded by uouncilman
Byrd and" unanimously earrled. rhe City dlerk was instructed to d.ir-
ect a letter of appreeiation to Mr. Iori.
A letter dated July 21, 195\, was read from G. J. Marr, Director of
Publlc Wonks, recontrnending the ad.optlon of a resolutlon to i.nclude
the proposed'Rol1ins Road, from Broadway to the northerly clty llmlts,
in the Majon Clty Streets System, for the pu.rpose of obtaining majorglty street gas tax fund.s for a portion of the proposed. construction.the Council were advised that the proposed extension of Rollins Road
w111 provide access and additional servlce to the industrlal sectlon
of the Clty. Corrncilman Rooth lntroduced and moved the passage of
Resolution No. 39-5\, rrAdding RoLlins Road., fnom Bnoadway to ttreNortherly City Boundar.y to the System of Major Streetstr seconded by
Councllman Love and unani.mously adopted on noll call of members.
A letter dated June 30, a954, was read. fr.om the Burlingame Chamber
of Commeree, together with a proposed contract between the City of
Br:rlingame and the Burli-r:game Chamber of Commerce for the year be-glnnlng July 1, J-954 and ending June 30, 1955. In response to an
inqulry fnom the floor, Cor.rncilman Love advlsed of the many services
performed by the Chamber of Commeree and the Councllts decision to
i-ncrease thL yeanly contract from'$trBOO. to $2r400.00. Councilman
Love lntroduced and. moved the passage of Resolution Nc. l+0-54, rrEn-
terlng fnto a Contraet with the Chamber of Commerce", seconded by
Councilman Byrd and unanlmously adopted on ro11 call of members.
A letter dated" July 1, 195\, was read from the Burlingame City Plan-ning Conrnissi.on, advlsing that ln complia.nce with a Council request
a publi-e hearing was held on June 24, 195\, to consider ttre reclass-
ificatlon of Millsdale No, l Subdivision into a M-1, Light Indus-tnial Dlstrlct and at the eoncluslon of the hearlng, the Commlssion
had unanimously recommended that the area be classifled as M-1,
Light fndustrial.
A letter dated July 1, 195\, was read from the Burlingame Citizens
Cornmittee, together wtth three resolutions composed by that commlt-tee, le: (1) a request that the City Council zorae for industrial and
manufacturing use those l-ands lying westerly of the Bayshore Hlghway,
northwand. fnom Broadway Avenue and. eastenly from the Southern Paelficrailroad rigfrt-of-wali Q) a request that the tentatlve map of the
northwesterly portion of propertles of Atlantic Llfe Jnsuranee Com-
pany easterly from the Southern Paciflc Railroad Company Right-of-Iday,
be accepted, with stipulatj.ons that a professlonal planning consult-ant be employes, that reports be received, from ttre City E'ngineer, theFlre and. Police Chlefs, that the map incl-ude sites and adequate de-scniptlons of draLnage ehannels t ate. and that a 2$rOOA se. ft minl-
mum lot slze be established.; (:) a request for the amendment of Sec-
tions 1933, 193)+ and the adding of sections establishing procedure for
amehd"ment of ordinance No. 539.
A funther comtm:nicatlon dated June 3A, 1954, was read from the Bur-
Urigame Improvement Clubs Councl1, advlslng of a resolution adopted
by that assoeiati-on, favorlng tho zoni.ng of commencial and selected.llght lndustnlal development for the area between ttre Southern Paciflc
Rallroad tracks and the San !'ranclsco Bay shoreli.ne.
A letter dated July 2, 1954, was read from a Cltizenst Commj-ttee onMillsdale No. 1, was read, expresslng pleasure on the action taken bythe Plannlng CornmlsSion 1n reeommending that Mil1sdale be zoned. fon
1lght lndustrlal development and ad.vlsing that the cormlittee has been'd"1ssolved.
Corrncllman Byrd l-ntrod.uced for first reading, Ordlnance No. 552, re-classlfying Millsda1e No. 1 Subdivlsion lnto an M-1, Llght Industrial
Dlst::lct. The acting Clty Attonney was instrueted to plepare Ondln-
ance No. 552 for second readlng and. adoptlon at the next neg:ulan meet-
1ng, July 19, a954.
A letter dated. July 1, A95\, was read from the Burllngame Clty Plan-
nlng Commlsslon, ad.vislng that a tentati-ve plan for the developmentof fhe lndustnlal area in M111sd.a1e as proposed by the developen, has
been recoilrnended for approval subject to the City Englneerr s speclf-
lcatlons fo:: streets and cross sections, subsequent to a Commlssion
hear.ing held on June 2l+, l95l+. The communlcatlon advised. further that
the tantatlve plan includes only the first section of M1l-1sda1e No. 1,
compnisi.ng that portlon of 1and. fnom the r-ailroad. tnacks to the east
bank of the Paciflc Gas and Electric Companyrs power-Lines and. fr.om
the northern city limlts approximately 1r400 feet south.erly.
Councllman Rooth questloned acting City Attorney Karmei whether aetion
on the tentatlve map should. be d.efemed. r.rntl1 0rd.inance No. 552r pe-
classifying Mi1lsda1e No. 1, sha11 have been adopted, toi,'whi-ch the
acting City Attorney r"ep1led" negatively. In nesponse to further Coun-
c11 lnquirles, acting Clty Attorney KarmeL ad.vised that a tentative
ln&pr if approved by both the Planning Commission and the City Councll,
becomes a final map and as such is re-submitted to both bodies for fur-
ther consideratlon and. final ad.optlon. Cou.tlcllman Rooth thereupon
moved. that the Councll coneur wlth the recormlend.ation of the Pl-anning
Cornrnlsslon and that Sectlon 1 of Millsda1e No. 1 as indlcated. on the
tentatlve map be approved, seconded by Councilman Love and unanimously
carrled.
Mr. James Hirnrnel, Secretary of the Burli-ngame Civic Improvement Club
Counell, objected to the adoptlon of the tentatlve map and stated that
contours, spur tnacks, dralnage and road.s shorrld be thoroughly consld.-
ered prior to the aporoval of a tentative map.
PIn. Himmel was assur.ed that drre conslderatlon would be glven to sug-gestions on possible revlsftons or alteratlons to the plan that may be
submltted by interested persons, at the time the final map is sched.-uled for hearing and appnovalr .
Questloned by the Council 1f the map camied the approval of the of-flce of the City Eaglneen, City E):gineen Marn advised that it had been
approved by both his offlee and the Planning Consultant, wlth the ex-ception that it was suggested that Ro1lins Road be increased to awidth of eighty-foun feet and a planting area be provlded. on both sld.es
of Roll-lns Road.
Mr. Rlcha::d Broback, member of the Burlingame Citlzenst Comrni-ttee, in-
timated that the action taken by the Council, in the conduct of public
heari-ngs on a tentative map, violated sections of Ordinance No. tl+1.Actlng Clty Attonney Karmel advlsed the Council that the procedure is1ega1. In c1a::lfylng the term rrpublic hearingrr the acting City Attor-
ney stated that although not speciflcally provid.ed fon in the ordin-
ance, all matters befone the Councll for conside::ation, are public, and.
as such, interested. pensons will have an opportunlty to be heard whenthe f lna1 map 1s. eonsldered.
Followlng furthen d.lscusslon, the regular onder of business trras resumed..
A letter d.ated July 1, 1954, was read.from the Bunlingame Ctty Plan-nlng Oommlsslon, advlslng that an amendment to Ordinance No.539, Sec-tion 1933r &s proposed. by Mr. L. E. Welsenberg of the Trousdale Con-stnrctlon Company, had been thoroughly considered by the Plannlng Com-mlssion at lts negular meetlng June 24, 195\, and the Commj.ssion had
unanlmously voted to recommend that Section 1933 of the Ordlnarce No.
539, be amended. fn order to expedlte Councll action on the proposed.
amendment, Councllman Bynd moved that the Plannlng Corurission be 1n-structed. to conduct a publlc hearlng on the suggested. revision andthereafter a report be rend.ered to the City Cor.mci1. The motlon was
seconded by Councllman Morgan and unanlmously carried.
A letter d.ated. July 1, LgSt+, was read from the Bunllngame City Planning
Commission, advislng that subsequent to a Con:"rnisslon study of a planfor a proposed.::esubd.lvislon of lots, as requested by Theo. G. Meyer,
created by the abandonment of Valdivta Way, the Commlssion voted unan-imously to recommend. that the tentatlve map be qpproved,with a provls-
lon that a ten foot easement be provlded. as a pedestrian way fon an
ingness and. egress to a proposed. nature stud.y park. Actlon was post-
poned to permit further Coi:ncl1 stud.y.
fn nesponse to a pnevious Counell neqr:est., a combined report from the
Po11ce, Fire, Buildlng arid. Eealth Depantments, d.ated July 1, 1954, uadread, on the alleged. vlolatlon ln the conduct of business being conduc-ted at 901 Burlingame Avenue. The repont lndlcated the appeararlce ofa vlolation of Ondinance No. 539, Seetion 1928, B-4a. The report was
filed fon neference at the-tlme a hearLng. on the subJeet is sched.uledat the next negulan neeting, July 19r 1954.
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A letter dated July 2, L95l+, was read from the Burlingame Clvll Ser'-
vice Employeest Asioclation, ad.vising that the clerlcal employees of
the sevLral City HalI offices have requested consideration to the clos-
ilg ;i ahu City"Ha11 on Saturday monnfngs. Cou:r.cilman Rooth moved. th;.t
efiective August 1, 195\, the City I{al1 offices maintaj-n a sbhedule of
hours from Bt00 A.M. to 5:00 P.M. Monday through Friday, with fu11 clos-
ing on Saturday. The motion was seconded. by Courrcllman Byrd and. rrnan-
imous 1y carcied.
A Letter d,ated, July 1, l-95}+, was read from the offj-ce of the Dlstrlct
Attorney, Redr,rood Clty, requesting the Cityrs cooperation in the pre-
vent|on of a duplication of fire protection service by notifying the
offlee of the Flre Ward.en at such time as unincorporated. areas are a-n-
nexed" by a flre protection dlstrlct. On motion of Councilman Byrd, the
Clty Clerk was instrueted to advise the offlce of the Dlstrlct Attonney
tfrat the pr.ocodure as requested, has been the cltyts normal pnactice
heretofor"e. The motlon was second.ed by Councilman Morgan and unani.mous-
1y carried.
A letten dated June 3, 195\, was read from the
opment Association, Inc., requesting an appr-o_pr
$ir100. to assist in ttr.e conduct of the San Mat
Associatlon, Jnc. actlvltles. The subject was
F'inance Commlttee.
San Mateo County Devel-iatlon in an amorrnt of
eo County Development
referred to the Council
A letten was read from Robert A. Barnes, 1128 Chula Vlsta Arrenuer ro-
questlng that a clty llcense be granted to conduet a taxidermist and
leathe:: goods buslness at the above address. Councilman Byrd moved.
that the Treasurer-[ax Collector be lnstnucted. to lssue the license
and a fee of $25.00 be lmposed, seconded,by Councllman Love and unan-
imously carried,.
A monthly report of the Public Works Department for May, )-95l+, was
read, aeln:owledged artd flled..
A letter d.ated June 30, a954, was read from A1l-an F. Ilunt, submittlng
his resignatlon as a memben of the Fire Commlssion. Councilman Love
moved U:at ttre resignation be accepted and an appropriate letten of
appreelatlon be forwa::ded to Mr'. Hunt, seconded by Councilman Rooth.
alrd. unanlmously carried.
A letter dated. May 10, 195\, hras read from Edwand S. Goetze, submlt-
tlng his reslgnati-on as Chairman and'rm.ei[ber of ttre Burlingarne Recre-
ation gommlssion. Councllman Rooth moved. that the resignation_be ac-
cepted., seconded by Councllman Love and unanimously carried. Trlbute
was pald by the Couneil to both Mr. Hunt and I{r. Goebze f on the raany
years of service donated to the interests of the City.
Mayor Atwater announced that the Council would conslder the selectj-on
of- a Clty Attorney at this time. Corrncilman Morgan moved that the se1-
ectlon be withheld fon two weeks, pendlng further eonslCeratlon, second-
ed by Councllman Byrd. The motl-on was defeated by the followirrg vote:
Ayes: Councllmen: Byrd-Morgan
Noes: CounciLmen: Atwate::-Love-Hooth
Councilman Byrd prefaced. a motion by stating that it sha1l continue to
be hls poIlcy to select the flrst narne on a regularly establlshed Civil
Service eliglbLe list. IIe thereupon introduced a motlon that Cyrus J.
McMillan, No. 1 on the eliglble 1lst submitted by the Civil- Serviee Com-
raission be appointed to the position of Clty Attorney. In seconding the
motion, Councllman Morgan stated that as a matter of prinelpal, he also
would select the first name to appear orr an eligible 1lst. The motlon
was defeated by the following vote:
, Ayes: Couneilmen: BYrd-Morgan
Noes: Counciltnen: Atwater-Love-Rooth
A motion was lntrodueed by Councilman Rooth that No. 2 on the-eligibIe
llst, Burress Karmel be appoints6 City Attorney, seconded by Councilman
Love. Each Couneilman, in turn, acknowledged. the outstanding talents
of the eligible aopolnteos in their particular p::ofession. The motj-on
was thereafter unani-mously carcied on roll call of lnembers.
Mayor Atwater submj-tted the name of James H. Wilson, 1509 Burlir:game
Avenue, to serve on the Boand of Fire Commissloners. The appointment
was unanimously confinmed by members of the Coqncll.
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The name of Grant B. Sweei, -1133 Concord. Way, was submitted by Mayor
Atwater, to serve as a member. of the Clvil Service Commlsslon. The
appointment was unanimously conflnmed. by members of the Council.
fhe Mayon submitted the name of Bernard. N. Ha11ock, 161+8 Coronad.o
Way, to serve as a Recreatj-on Connnlsslon member. The appointment
was conflrmed unanlmously by membens of the Council.
FI,r. Arthur Barrettr of the.law flrm of Barrett & Ilanklenoad, submit-
ted a petltion, constltuting more than slxty percent of the ownersof industr.ial property, 1n which sald petltion requests the City
Council to lnstitute proceedings fon pnoposed irnprovements to the
area commonly d.esignated as the Bnoadway Industrial Area. Ivlr. Bar-rett requested that prevlous Councll action on the subject be re-sclnded. Councllman Love moved that the petltion be referred to
the City Attofney and. to the City Engineer for study and. present-
atlon to the uorrncil at a meeting scheduled Satu"nday mornlng, July
I0, 1951+,
Chief of Pollce Theuen announced. that a Testimonial- Di-nner, in
ttonor of Captaln John J. Hartnett, retlred Pollce Captain woul-d
be he1d at Bobts on Broadwey, Saturday, July 10, 195\, at 7:00 P.M.
and that tickets are avalIable at the Police Depar"tment.
Councllman Byrd announced-thgt Council Fj-nance Committee Budget
meetings would be continued throughout the remainden of the week.
ing no fr:rther business, the meeting was regularly adjourn-
r)+5 P. 14. to meet Saturday morning, July 10, 795]+ at
lVI
Respectfully submitted
BERT K. I,^IHITE
CITY CLERK
APPROVED:
H. KENT
lviAy0R
There
ed at
10: 30
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