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HomeMy WebLinkAboutMin - CC - 1952.02.18352 Burllngarne, Califcrrda, trbbrua:ry 18, 1952 A regular neetlng of the BurJ.lngame CltSr Council was held on the above glven date. Meeting called to o::der at 8:O0 p.m. - Mayols Atwater in the Chair. Ro1L CaII: Present - Councllmen: Atwater-Byrd-Eunt-Love-Simonds . Absent - Councllmen: I,Ione Tbe mlnutes of the p:revl-ous neetlng of lbbruary 4, Ir952, as gub- mitted to members of the CouncLl and as posted on the Bulletln Board in th.e ciW IIa11, were unan5.mous 1y approved on motlon of CounclLnan lh:-nt and seconded by Counc i.Iman Iove. A lette:: datod trbbrua::y 15, 1952, was noail floi R. C. Theuer,Chlef of Pollce, advising that that offLce had receLved a c omr:n-lcation fbon the Burlingaue Chamber of Comerce with reference to the placlng of dLrectional slgns l&ri ch wouLd be readabLo from tbenorth errd. south whLle travel5.ng on E1 Canlno Real. The subject was held for Council s tudy, A Lette:: dated Fbbrua::y 16, 1952, was read. fbom D. A. Stlvers,Secretary Burlingame Clty Planntng Coruri.s s ion, advLsing that thematter of the appllcation of the Low:.L e Paving Company for approvalof a permit to construct and ope::ate an asphalt mixing plant ln theLndust::iaL dlst::ict on ttre oLd Bayshore Hlghway, had boen duly conside::ed at regular meetLngs of the Conmission on Decembe:r 27and January 51. The letter fu::the:: advlsed that at a special meet- lng of the Conml.ssj.on on lbbru.ery 15, 1952, f,oilJ-owlng cons lde:rabLedLscusslon, a motLon was Lntroduced. by Comnlssloner Hende:rson as foLlows : rThat the final- plans and speciflcatLons of the LowrLePavlng C ompany be approved. and that flre permlt begranted subJect to the provlsLons set forth ln ther.eport of the five man board of engineers and. as amended by this Conmisslon on thLs date and ln addit-lon that water and seuer lines be laid to the plantsatLsfactory to ttre speclficatlons of the City Engln-eer at no cost to the City of Br:::J-lngame and that thoClty Attorney be :requested to incorporate all of theseprovlsions Ln the permit ln such a manner as to makethem effoctive. n seconded by Commissloner HarrLs arrd. upon :ro11 call of membors,the motlon was carr.led, CommLssJ.oner Stl.vers voting rtno,t. Repiylngto Mayor Atwate::rs lnquiry as to the Councilrs pleasure on ttr e-above comunicatlon, CouncLlman Slnonds prefaced. a motion by thefollowlng statement: r'tr[:r. Lfayo::, I would ]-ike tbe p::lviLege of the floor tomake a mot5.on, but before making that motlon, I wlsh toeLaborate on a rn:mbe:: of facts pertaintng to'thls connun-LcatLon. Proponerrts and opponents of this controversyhave Ln most lnstances condusted. themselves nd tlr duedeconura and. in a democratLc manner. Ihe CouncLl has heldpublic meetings. and the plann5.ng CormissLon has heardmany apguments as well as a gr.eat numb er of facts sincethls appltcation was. intr.oduced in 0ctober. Mayor Atwatorappolntetl flve engineers who reported ard recouiend edeleven speclflc conditi. ons of operation. lre Comnlsslonhas smended SectLon g of the Df,gLneere I roport to deflneoperatLon as 1O,OO0 tons ot3 over per yoat?. lhey haveadded sections 12, 13 ard 14. I,Iu.nb er- 12 designates thebuffer zon6 as shonn on the pLans of slx ac::ei, whichshalL not be reduced. Nurnbe:: lE stipulates that th6reBha11 be no stock plIlng of materl.al. outslde ttr.e bunl<e::s. I Ji)J Sr:mbe:r 14 stlpulates that, a' chenist, to be paid by the company, sha3.1 be enployed by the City to measure aLr contarnlnatl-on. Thls cormrunicatl-on asksthat the Clty Council grant a pernrlt under these conditions ln agreement v,'ith the compaey. trbr your information, the provlslons of 1aw alLow the PlarurlngComlsslon to pass upon these p3-ans and specS.flcat- ions, but a Clty is b ound to contracts and agreements onJ-y by action of the City Counoll. our ciff ordln- ance, Sectlon 1914, defines these lndustries that uay operate ln the 01ty of Rurlingeme and we cannot r:econcLle pa:rag::aph 4 of the EngLneers t report..rrlththls o::dLnance. T ttrerefore move ttrat the appllcatlon be denled and the CiQr Englne er be l-nstructed that the perm!.t not be granted. rr The notlon was secondod by CounclLnan Love. SpeeJ<lng on thequestion, Tfl11lan A. SulJ.lvan and Richard P. Lyons, attorneys engaged in practice wlth Jolur'tll. Coleberd, each ln tu::n, addross- ed the Councll as legaL counseJ- representatlves for the newly organized Burlinga:ne Clvic lffelfare League, and expressed approvalof the motlon, but questloned whether the City Councl.f had. suf-flcLent evLdence to sustaLn the notlon ln the event the appli- cants should take the matber to court. There betng no ftrrthe:rdlgcussion on the question, the moti. on was unanlmous 1y camieil.Actlng upon ad.vJ.ce from City.0.ttorney Karuel, the Council re-quested ttra-t the mlnutes Lirdicate Ln chronological order, meetings heJ.d by the Plannlng ComrLssion on the subject on Octobe:: 25, 195L, Decernber 27, J-953., January 51, 1952, Fbbruary7, J-952, ard a speclal meeting on lbbruary 15, !-952; the ::eportof the Engine eri-ng Coranittee on the Asphalt Pavlng Plant; aletter of the PJ-annlng C onruS.s s 1on, dated. Fbbruf Y 1r 1952 anda f\.rther letter dated }bbruary 16, l-952, advislng of the Plannlng Comnisslonts final concluslons on the appllcation ofthe lowrio Pavlng C ompany to construct an asphalt mixing plantln the Clty of Bunlingame - alJ. of the foregolng on fIIe lntheoffLce of the City C1ork. A letter dated Fbbruary L4, 1952, was read flom E. J. Leis, FTLr e Chl-of, requestlng that an additlonal thfu.ty d.ay sick leave be granted Walter Bh:mer, A1a::m Electri.cLan, who rvas injured whl1e on duty. 0n motion of C ouncilman Love, seconded by Councll:nan Hunt and unanlmous 1y ca!"ried, I[alter Blumer wa's Eranted the additlonal sick loave as requested, lylth pay. A request fo:: an extenslon of an additlonaL nlnety day appolnt- ment for l,{lss Jean M. Mcleuglilin, Senior Clerk-Stenog?apher,in a letter to the Councl1, f).om G. J. L[arr, Director. of Public Vlonks r dated Fbbrua::y 13., was approved. on motlon of Counci'lmanHrrnt, seconded. by CounclLman lJove and unanimous Iy carLed. A lette:r d.ated Februal"y B, 1952, was road. flon Edwa::d. S. Goetze,President of the Bu.:r11nga:ne Recreation Cornniss ion, requestinglnformatlon as to the capital expendj.tu:re status of the Recre-atlon Dep&l3tment. [he Ctty Englneer. was tnstructed. to subnita flritten repo:rt to tho City Councl].. A letter dated trlobruary 14, 1952, was read fYom Leo Pacheco, tempora::y Asslstant S ewage Tneatmorrt PLant Operatoni requesti.ngthe acceptance of hls reslgnation, effectlve lbbruary 29, J.952. CouncLlman Lovo moved that the'request be granted and that aletter expre ss I-ng Cor.rncLl appreclatlon fo::'hls servlce to theCity, be forwa::ded to LIr. Pacheco. Motlon rvas seconded. by Councllman Ilunt and unanimous Iy camled. A lette:r dated Fbbruar'y 7, !952, was :read flom Jerome Blank,Mayor'of the Ctty of Albany, sol5-citlng CouncLl ald in pro-tiestlng to the State repr.es entatlves and to the Gove::no::, tb.elnc::easing prlce of mllk. Mayo:: Atwater stated that the Coimcil_Ls Ln acco::d lrtth the sentLments expr.ess ed. ln the c orrrnrll c atl on,ard appolntod Councl.lman By:rtl to submlt a repo:rt at the nextCouncil meetlng. 354 A letter da.ted Fbbru ary 12, 1952, fY om Rlchard P. I,,{lno::, offering the suggestlon that the Councll create a non-voIun-tary assessn,ent dl-strict cin Burllngame Avenue, was roferredto ttr e Chemb er of Comne:rce. , A potitlon, dated February 2, !952, submitted by prope::ty o$rneTs on RollLns Road, vras read, requesting that a meetlng be held to discuss ard solve the flood condj-tlons on Ro11lns Road. I{ayor A tvirs.ter scheduled Saturday morning, trbbruary 23, at LO:50 a.ra.in ttr e C&ty IIal 1, at whl,ch tlme, 'the L{ayor reguested ttre pres- once of Councilman Bynd, City Attorney Karmel and Director ofPublic IIIorks trta::r,, to meet wi th the signers of the pet5.tion.[lre C1erk was Lnstructed to so notify the petLtloners. A letter dated February 13, 1952, vas read from 0scar F. Person, advising that the property of Person & Itlk, at the entr.ance t9 B::oadvray-Burlingame, would soon be improvod. Ilre Glerk was in-structed to aclrrrovtledge tho cormrunication.' Reports fron the Fire Departrrrent, the Poundrnaster, ttr e Pub 1i.cLib::ary, the Police Departrcent and the Department of Public Wor};s, for the month of Januaryr.1952, we::e read and acknowledged.. Unfin:lshed. Bus ine s s A repo::t, d.atod February 15, 1952, was ::ead from F. D. Anderson, Park Superintendent, advlsing that the request to lnspect thocondltion of an e1m tree at 7O1 Ilorvard. Avenue, had been conrplled rrl th and the t::ee l-n question would be removed. An extensLon of an addltlonaL slxty days was 6panted to CharlesE11ot, to remodel his bulldlng at 31O torton Avonue, on motLonof C ouncilman By::d, seconiletl by Counci'lman Hunt ald unanimous 1yca:rri ed.. ,A ResolutLon No. 6-52, trOr"derlng and Calling a C.eneral Electl,onto be held Tuesd.ay, Aprl1 B, 1952, for. the Purpos e of Electlng Tb.:cee Mernbers of the City Council: a Clty Clerk and Ex-officioAssessori'Clty Treasurer and Ta.:( Collector; and Providing forthe Consolldatlon of ReguLar ElectLon Precincts for ConductLng Such Gonenal Inunlcipal Electionn was introduced by C ouncilmanHunt, who noved Lts passage, seconded by Councihan Love andadopted unanlmous Iy upon ro11 calJ. of member.s. Ordlnance_No. 522t nAn Ordinance Repealing DLvision Three -Planrrlng CommissLon - and Sectlo[ !697 of-the Ord.inanc e Code ofthe Clty of Burlingane: Adoptlng a New D5.vlslon [b::ee, Estab]-lsh-lng a Planni.ng C6nmlgglon; Providing for lts 0rganlzatlon: Tenureof its Members: Its Powers and. Duties: BepealJ.ng aL1 or parts ofO:rdinances in Confllct TherevrrLttrr was gj-ven second readlng. C ouncilman Simonds moved the passage of the fo::egoing Ordinance,seconded by C ouncl l:alan Hunt and ailopted. as folLows: - [yes : Councilmen: !,twater-Byrd-Hunt-Love-SLmondsNoes: CouncLlmen: l[one A cLaim not pnoperly verifi-ed in accordance vd tjr statutory re-guLrements, presented by Ed. I. Orack, 1151 CalifornLa Drive,for car darrrages, was refeffed to the Cityt g lnslr anc e carri.er,on motion of Councilman SLmonds, Seconded. by Councilman Love and u:ranimous 1y carried. Clalms Nos. 1712 - lB27-, with ttre excepti.on of voLded No. 1?90,Ln the amor.rrt of {}28 r 960. 48, du].y auclited by the i,Lnance Con-mittee of the Council, vrere approved and vrai.rants authorized.clrawn on,the City rlreasurer. for their respectJ.ve amounts, onmotlon of C ounc llma:: Love, s econded by Coulcilman tiurt and r.ilan- 5.mous 1y carried. Councilman llunt moved approval of the payroll for the peri.od 9_"!gt:t 5, 1951, tirou6fr January 81, 1952, in ttr:e amoui:t of$128r360.57, seconded by Council.rran Love ind rmanimous 1y carried. - r 355 Tfa]ter Jacobs, 27OB Hillside Drive, present at the meeting, caIIed. Council attentlon to a dangerous traffie condition at the lntersection of ALvarado Avenue ancl li111si-cle Drlve, and su-tgested. thet Stop Signs be lnsta11ed.. The City Clerk rvas J-nstr.ucted to submit a rne&o to the Chief of Police to invest- lgate. I,1r. Carl Schleuse, 907 Larkspur Drive, complimented the r*ernbersof the City Council on the recent issuance of a publication ttTh.e Burlingame I',lunicipal Report. rr Questioned. by Councilman Love as to Councll action r"elative tothe low flytng of pJ.anes over the Clty, Ctty Attorney Karmel suggested that a co-ope::atj.ve effort be mad.e between the variouscittes lnvoLved, Bd that the matter may be consldered by the L[a}rsrs t Comndttee of the Ireague of Califorrria Cltles. The- Council we::e advised that a meetlng was scheduled to be heldln $an llruno on the subJect and. the City C1erk was instructedto ascontaln the time and pLace of the proposed neetlng. CounclLman Byrd and CounclLn,an Irove stated- they wouLd plan to attend.. Mrs. Charlotte Johnson, Chafi:man of the Bur]-ingame Llbrary Board, was intnod.uced., arrd announced that "Public Libnary Weekn would be observed. the week of March'L0 - L6, and extend.ed. an invltatlon to members of the CounciL to be present at rropen housefi at the Burlingeme Llbrary, Ir{arch 16. There bein6 no further business, the meeting was adjor:rned. at9:15 p. E1r on rirotion of Coi-r::cilman i{unt, seconded by Councilrre.rr &ove, Rospectfr:11y submitted HMBERT tr. WI{TTE CITY CIENK A}}ROVED:/*tb H. ltEliT },,IAYOR