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HomeMy WebLinkAboutMin - CC - 1954.10.26198 A regulan reetlng glven date. It{eetlthe Chalr. BurJ.lngame - Callforrrla October 26, 1954 of the Burllngane City Councll was hold on tho above ng'ca11ed to order at 8:1O P.M. - Mayor Atwaten ln RolL Ca}}: Present - Coqncllmen: Atwater-Byrd-Love-Morgan-Rooth Absent - Counel lmen: I{6no fhe ulnutes of the pnevloua regular meetlng of October 4, 1954tmltted to members of the Councll, were unanlmously apprcved and ed on motlon of Cor.mcLlman Love and seconded by Councllman Byrd. EEANINOS: as cub- adopt- A- Mayor Atwater announeed that thls was the tlme set, pursuant to publlshed notlce, for conduetLng a publlc hearing reLatlve to the 1954 lftroed and Rubbtsh Abatement Assessment. The Clty Clerk advisedthat no wrltten protests had been recelvod. There belng no one 1n at- tendance to protest, Councllman Byrd thereupon lntroduced and moved the passage of a Resolutlon, No. 6O-54, rrFlxlng the Assessment for ltieed and Rubblsh Abatement for 1954rr seconded by Councllman Love end unanlmouslycarrled on ro11 call of members. B- Mayor Atwater announced that a publle hearlng had been scheduled onthls date concornlng an appllcatlon for a varlance, submltted by Otto W. Kremer, D. C.,1230 V&ncouver Aoenue, Burll.ngamer to conduct a buslnesgof chlropractlcs at the above mentloned propenty. fn eonnectlon there-Etth, the Clty Clerk read a eommunicatlon froun Burllngame Clty Planning Conmisslon, advlslng that at the conclusion of a publlc hearlng conduct- ed by tbo Conmlssion, lt was voted to rocommend that the appllcatlon bedenled. The communLcatlon further advlsed that lt was the optnlon ofthe Conmlsslonors that the provtslons of Ordlnance No. 539 be upheld by denylng perolsslon to conduct the proposed type of buslness tn an R-l dl strl ct. Communlcatlons recelved by the Plannlng ComnlssLon and the Ctty Councl}, protestlng the grantlng of tbe variance, were read from Mr. and Mrs. Albert Loretz, 1260 Bernal" Avenuo, Mr. and Mrs. Fred Lett, ]2O5 Vancou- v6p {venu€; and }dre gr}d Mrs. D. W. Nlcho1s, 2015 Bnoadway. A petltlon approvlng the grantlng of the varlanco was read from elghteen resldents and proporty osners wlthln the lnmedlate vlclnlty of the proposed Io- catl.on of the ehiropractlc offLce. Upon lnvltatlon of Mayor Atwaten, lnterosted persons were lnvited to be heard. Verbal protests were entered from Mrs.D.R. Volente, L234 Berrral Avenue, A. V. Thoapson, 2O2O Easton D-lver G. L. Dlllaway, zALz Easton Dolve, Mrs. Marguerlte Welch, 2OOB Eabton Dplve and Mrs. V. K. Parmelee, 1116 Sumnen Ayenuo. Those spoaklng ln protest, errpr€ssod thc oplnJ.on that lt would be detrlmental to proporty values to peralt a busLness to become located ln a fLrst-class resl.dentlal area. Verbal approval was glven to the proposed locatlon of the chLropnactlcofflce by Harold E.Cooper, 1,2?-4 V&ncouver Avenue, Mns. J. J. Keane, l22O Vsncouv€r Avenue and Mrs. L. C. G11111and, 3,225 Vancouver AyorlBo. Mr. Jares HlnrueJ., Presldent of the Burllngame Civlc Inproveuent Clubst CouncLl, called attentlon to SectLon 1944, Ordlnance No. 559 provtding four polnts whereby a varlance may be granted lf such varlance doos not advorsely affect the comprehensl.ve zonlng plan of the city. Dr. Otto W. Kramen, the applleant, defended his posltton!to substan-tlate hls remqrks, the Clty Clerk road a statement of Justlfloatlonsubmltted wtth the applloatlon of the varlance. Councllnan Love advlsed that provlslons under the previous zonLng or- dlnance permltted the conduct of slmllar types of buslness and lt was h1s oplnlon that the present ordlnance should be amended to permlt pre- fesslonal offlees to be conducted ln conjunctlon wlth thelr respectlvcduelllngs. Other memberg of the Counell concurred. tr'ollowlng further 199 dlseusslon, and the rnaJorlty of the Counctl belng of the oplnlon thatthe varlance would ln no way be detrlmental to the valuo of the prop-erty, nor create a nulsanee to adJolntng pnoperty owners, CouncLlman Rooth noved that the variance as r:equested be granted, seconded by Corrnollmen Byrd and on roll call the vote tras as follows: Ayes: Councllmen: Byrd-Love-Morgan-Booth Noes: Counclluen: Atwatero Absent Councilmen: None A funthen motlon was lntroduoed by'Counellman Love that the Clty Attor- ney be lnstructod to prepere an ondlnance deletlng that sectlon from Ordlnance lilo. 559, requlrlng the "submlsslon of a vaniance appllcatlonto permlt the operatlon of a professlonal office Ln an R-I resldentlal arear and that the Plannlng Commlsslon be lnstructed to hoJ-d a publlc hear{.ng on the proposed amendment to Ondlnance Ne. 559. The motlon wes seconded by Councllman Morgan and unanlmousli carrled. "COMMI'NICAM ONS: A letter dated October 20, 1954, was read from Herbert K. Whlte, CltyCLerk, submlttlng the following ellgible 11st for the posltlon ofPatrolman, as the result of examinatlons conducted by tho Clvll Ser-vlce Conmlsslon: I. $am S. Yaco 662 Candlestlck Road, San Frenclsco 2. Chanles J. SenLl, Jr".-9O? Burll.ngam Avenuse Burllngame 5. Eenry A. Bodrlgues 1057 Laguna Ayenue, BurJJ.ngamc 4. Gerald A. Ngrdstron, 1O5 La Cruz Avonue, flllbrae 5. Anthony L. ClnelLl L?92 Crystal Sprlnge Rd., San Bruno 6. Nomen P. Etzel 95 Brlfuevler Drlve, San Francisco 7. Robert B. Pela 659 North DcLarare street,, san Mateo 8. Trou J. Estes 9OB Eeston Ayenue I San Bntrno The foregolng }lst was accepted and placed on fi1e. A letter dated October 12, 1954Clvll S6rvlce Connlssion, certlas Asslstsnt Chtef, Burllngame change of tlt1e provlded 1n Sqemunlcatlon was acknowledged aftd , wss nead from Arthur Crump, Chalrman,fylng the deslgnati.on of Lawronce FurloPollce Department, ln conforrlty withtlon 8, of Ordlnance No. 557. The con-placed on flle. A letter dated Octobor 8, L954, was read from G. J. Marr, Dlrector ofPub1lc Works, recommendlng the demotlon of Mr. Arthur Hanker pposentlyemployed ln the Sflgot Department under the claeslflcatlon of- EqulpnentOperator, salary $560.0O pen month, to the claselfloatlon of tvtalntbn-ance Man, salary $345.O0 per month, effectlve October 27, IgS4. Refer-enee was made to prevlous correspondence on the subJect unaer tho datesof September 8 and September 20, L954, substantlatlng reasons for theactton. The commurrlcatlons requoeted that lf the recounendatlon Lsqpprovod, that an ellglble ltst be establlsbed for tbe posltlon ofEqulpment Operator tn the Street Department. Counclluan Uorgan movedconcurrenco wlth the recommendatlon of the Dlrecton of Publld lVorksand that the requlrements eontalned ln the Ctvll Servlce Ru1es and.Regulatlons be complled wlth, seconded by CouncLlman Byrd and unan-lmously carrled, Councllnan !florgan moved that the Clvil Servlce Com-mlsslon be lnstructed to prepare an eliglble l1st for the posltlon of lOutpment Operaton ln the Sfreet Department, seconded by CouncllmanLove and unanlmously carrled. A letter dated October 13, 1954, f,ras read fnom G. J. Marr, DLrectorof Publlc lAtorks, requestlng the appolntuaent to the classlilcatlon ofGandener ln the Pank Department. The Clty Clerk was lnstructed toaseentain the exlstence of an ellglble 11st fon the above posit1on.fhe corotunLeatlon was held ln abeyance Untll the next reguiar meetlngof the Councll. 1300 A letter dated october 22, 1.954, was read fnom Il. C. Theuer, Chiefroquostlng the appolntment of a Patrolman ln the Po1lce Department,effectlve lnmedlately. Questloned by the CounclI, Asslstant Po}ic6Chief Funlo advlsed that the next ellglble has slgnlfled hfs w1111ng-nels to accept the posltlon. Corrncilman Love moved that Sam S. Yaco,662 candlestick Boad, san Franclsco, No. I on the ellgtble ltst, beappolnted, effectlve November l, 1954, subJeot to the usual clvilSgrvlce nequlremonts, seconded by Councllman liooth and unanlmouslycarrled. A letter dated october 22, 1954, was read from R. C. Theuer, chlefof Police, advlslng that Offlcer Dorven Kreeger, a regular Patroluanln the Ppllce Departrent, has been strlcken wttfr a heart attack andconflned"to the Penlnsula Eospltal. Chief Theuer was requested to ad-vlse the Councll as to the posslble length of Patnolman Kreegorrsleave of absence from the department. A letter dated October 5, 1954, was read from Claudo J. Hlnschey, VlcePresldentrSan Franclsco Bankr r€questlng the nemoval of four tnees lnfront of the San FrancLsco Bank property on Burllngame Avenue for thereasons that leayes.durlng the wlnter season elog [he dralnage fac1l-ltleg and that the noots are danaglng the marbLe-ln front of-the bank.Councllman Morgan moved concurrenoe wlth the request and that a permltbe granted to the San Franclsco Bank to remove the trees at no cbst tothe Clty, eeconded by Councllman Byrd and unanluously carried. Corrncll-narl-M-organ advlsed that the beautlflcatlon progran on Burllngame Avonuow111 be contlnued and that the tnees now planted ln boxes wtl1 soon bcreplaoed by a more suitable varioty. A letter dated OetobeCh1ef, advlsing thatorr and the Board ofprlate ordlnances benetal bulldings, and CounclLnan Rooth movecll Flre Comml.ttoe wi moetlrqg of tho Counclcarrled. r ?.2, 1954, was read from fteglnald E. MoorbyrFJ.reworklng 1n conJunctlon wlth the Bu1ld1ng Inspect-Flre Underwrltens, 1t was recommended that appro-propared to (1) ellaslnatc furthen constructlbir of(Zl to revlse the current flre zones of the Clty.d that the subJect matter be roferred to the Coin-th a report to be submltted at the next regulan1, seconded by Councllman Love and unanlmously a Pgtltlon, dated Octoben 15, L954, and slgned by nine homeowrers, pa-slding ln the 2OO block on Dwlght ltoad, was read, requestlng favorableconslderatlon on a request to lnstaI1 llghtlng facllltles fn tfre centerof the block. Asslstant Ctty Englneer Widen advtsed that the paclflc Gas and Eleetrlc Company, had on thls date, installed two electrollerson Dwlght Road. Councllnan Love suggestod that more lI]r:nlnatlon boprovlded ln shadod bectlons of Washington park. euostloned by theCouncl-I, Clty Electrlclan Hll1s advlsed that tt ls proposed t6 ealvageunused eable and eondult from the Howard Avenue and- other street ffgf,t- 1{t8 pToJeets and place them ln lrYashlngton Park to provlde addltlonalIlghtlng -facl}ltles. Councllman Love urged that efoergency measures betaken and thereupon moved that the subJect Ue neferrod, to-the Clty En-8lneer for report at the next regular meetlng of the Councll, sec6ndcdby Councllman Byrd and unanlmously car"rled. A letter dated 0ctober 19, 1954, wea read from the Ray park ImprovementClubr requ€stlng that a trafflc aurvey be conductea af, tne lnE-ersectlonof Devereaux Drlve and Berrral Avenuee and that cqnslderatlon be glvento the lnstallatlon of llgrrts along trre easement between nai orfie andDevenearix DrLvo. Counctlnan Morgan moved that the Mayor dfleci thoChlef of Pollce to conduct the survey as requested anb submlt a ^repontto the Counc5.1, seconded^by Councllnan Love and unanlmously caryleh.Councllman tgrgan moved further that the Clty Englneer be instructed tomake approprlate arrangements for the lnstaliatlon of a }ight along theeasement between ilay Drlve and Devereau:( Drlve as requested, seconEedby CounclLrnan Byrd and unanlmously carried. A-petltlon, dated October 16, 1954, was read from Burlingvlew Garden llubr- urglng the appointrent of a ftve-member Clty Parks Cournisslonrfor the purpose of fultfililng the need for funtdr advancement ofhortlcultunal development. Each Counclluan endorsed the propo"ai fora Parks Comrnisslon and upon notion o,f Corrncllman Love, secon-ded byCouncllman Rooth and unanJ.mously caruled, the Clty Atf,orney was lirstruc-ted to prepare an ordlnance for fl:pst readlng at the next i'egular Coun-c1l Teetlng, establlshlng a Parks comulsslon for the clty of Burtlngarrc,pnovldlng for a membershrp not to exceed flve members. r 201 A letter dated October 22, 1954, was read from Fred W. tehman, Pres- ldent of the Burllngame Improvement Clubs Councll, requestlng permlss-lon to dlscuss a proposed beautlflcatlon program for the cltyts lndus-tnl} ar6a. Mayor Atwater, togethor wlth members of the Councll, sug- geeted that rather than Jeopardlze proceedlngs currently ln progress,that such a prognam be thoroughly revlewod by membors of the lrprove- ment Clubs Councll and mombers of the Industrlal Assoclatlon at suchtlme as the Parks Commlssl.on may be establl,shod by the Clty. Mr. tehmanr'and lnterested persons were advlsed that ful} corlslderatlon would be glven to the proposed beautlflcatlon program submltted by the Improvemont Clubs CounclI. A letter dated October 15, ]954, was road from the Corps of Englneens,U. S. Army, ln reply to a CorrncLl communlcatlon clarlfying the poslt- 1on the Dopartment of Army assumos ln the perforuance of dredglng andflIIlng operatlons ln San Franclsco Bay for the purpose of expandlngthe Metropolltan Oakland InternatlonaL Alrport. The letter was placed on flIe. A letter dated Octobep 8r 1954, was read from the Board of SupervLsors,County of San Mateo, submlttlng the result of a garbage and refuse sur-vey conducted by the Allen Englneerlng Assoclates, Inc. wlthln the County of San Mateo, and extendlng an lnvltatlon to the Cotrncll to at-tend a meetlng fon conslderatlon of the flndtngs of the survey and theproposals presented thereln, Novemben 4, at 8:O0 P. M.ln the CountyCounthouse. Councllman Byrd expressed hls wllllngness to represent theClty Councll on that date. The Clty Englnoer was also dlrected to at-tend. A lotter dated October 12, 1954, was read from the Penlnsula HumaneSoclety, Inc., requestlng the contlnuance of an agreement of contract.wlth the Clty. CouncLlman Byrd lntroduced for adoptlon, ResolutlonNo. 62-54t Author{- zlng the Contlnuatlon of Agreenent wtth Penlnsule Humane soclety, for the pertod November 1, 1gg4 6o October or, lgos,secondod by Councilnan Love and unanlmously carrled on rolJ caIL ofmemberg. Mr. Tyler, newly appolnted Superlntondent of tbe tiumane Soc-lety was lntroduced and spoke on the-need for the estab]lshment of aunlform ordlnance rgguLstlng lmpoundlng and llcsnse fees for dogs forthose cltles acceptlng the servlces of the Humano society. A letter, dated October 26r'1954, wes read from the Clty cIerk, sub-mltttng g letter from the H. A. Gulttard Choeolate Conpiny addressedto the Clty Plannlng Commisslon, ln whlch a request wei maae for aelarlflcatLon relative to pemlsslve uses ln M-} Zones as provlded 1nOrdlnance No. 561. The letter advl.sed that subsequent to I hearlngbefore the Plannlng Commlsslon, the Conmlsslon fowrd and determlnod by unanLmous vote that property devotod to the manufacturlng procossesdescrlbed ln the Gulttard Chocolate Companyto communlcation nay be soutlllzed es a porulsslve use wlthin the provislons of the ordlnance.Councllman Rooth thereupon mov6d that the determlnatlon of the plan-nlng Commlsslon thet the proposed use of land withln the M-I Zone ofthls Ctty by the Gulttard Chocolate Company 1s a pernltted use wlthlnthe meanj.ng of Burllngame ordlnance code, sectlon rg6a (a 1.h.) be ap-proved. The motlon was seeorrded by Connclliran Byrd and unanlmouslycarrled. RESOLU TIONS: Resolutlon No. 63-54r ttAuthorizlng the Contlnuatlon of an Agreementwlth the Paolflc Greyhound Llnes for tease of Clty of Burllngame prop-ullytt was Lntroduced- by Counctlman Pyra for adoption, secondEd by Coun-cllman Morgan and adopted unentmously on ro11 citt oi members. Resol,utlon No. 61-54r rrDeclarlng Noxlous and Dangerous Weods and Rubblsha Nulsance and Flxlng Monday, the rst,h day of November, lg54r BS Dateof Hearlngn ruas tntrodtrced for adoptlon on motlon of Councllman Love,soc-ondcd by Cor"urcllman Byrd and unanlmously adopted. on roII call ofmembers. Beso1utlgn No. 64-54t rfDeclanlng Intentlon of Clty Councll to MakeChangcs ln Prope_rtles Proposed to be Acquired for Proposed ImprovementsDescrlbed ln Ordlnanco of I11tentlon No. 560 Adopted August 16; 1984,Belatlng to Bnoadway Industrlal Area, and D[recttng Nof,lce Thereofrf waslTtrodueed. by Corrnellman Love wbo moved lts adoptlon, seconded by Coun-cllman Rooth and wtanlmously carrted on no}l catl of members. A-pubLlchoar'lrlg was scheduled on the foregoing resolutlon, Novenlcer 15, lbS4. .1202 BEPORTS OF 0FFTCER$: Councllman tovc moved that the readlng of the d.epartmental monthly re-pot'ts-be dls-pensed wlth, acknowledged-and placed-on file, sccond.ea UyCouncilman Hortan and unanlmously earrled.- OLD BUSINESS: Councilnan ltorgan,moved that the noquest of Clty Euployeer Chas. Burrbe granted and authonlzed a tnansfen and d^omotr6n t'o tle we6r nefart-ment, seconded by Councllman Love end unanlmously carrled. NE$J BUSTNESS: Actlrl8 on the reconmendation of Chlef of PoIlce Theuer, Cor.urcl1man Lovemoved that the Chlef o! Pellce be authorlzed, to pr:rehaie pollce car heat-ers ln the totat sun of $210.00, seconded by Couilellman Rooth and rrnan-lmously canr{.ed o . A publlc hearlng on the applleatlon of teo C. Fagan, for a varlance toconduct a chlld care and day nurssry at ?OO peniisuia Avenue, was sched-ulod for Monday, November 1, 1954. Councllman Lsve advtsed that the Clvll Servlce Conmlsslon had, scheduleda pubrlc hearlng on November 4, 19b4, at g:oo p. M., councll Chambersrat whlch tlmo an epp-eal by_a pollce offlcer on a suspenaLon eharge wouldbe consldened by members or the clvtl servlce coumlsilon. Asslstant Clty Englneer Wlden was lnvlted by Mayor Atwater to glve a pro-gress repont on dralnage stnuctures wlthln the lrttts Egtate. " L. E. Welsenberg, ropresentlng the Trousdale Corporatlon, submltted amap-lndlcatllE-dralnage_propoials wlthln the Estite. Mr. J. F. snttfr,nesi9lr8 at 2016 Davts Drlve.l" Igy-Park, pnotested the sili Aeposftfi,non hlP_pr_o_per!Y-adJacent to the ulils usf,ate. At the request ol theCouncLl, Mr. Smlth was lnvl.tod to meet wlth tb Clty Englneer.rr4 n4r.Wolsenberg to confer on the subJect. Clalms for the^P.gnj! of_Septe4belr 1954, Nos.5956 through 6096, ln thcamount of $65150?.?5 tuly iudltedi were'approvod and warrants ord.oreddrawn on the Treasury for theln respectlvi-amounts, on mo6"on of Councll-ian Byrdr soconded. by Councllman Love and unanfnousfy carrl.ed. PAYROLL APPROVAL! Payroll warrants, for the lt95r!h*9f September, 1954, Nos. 7AOZ throqgh9658, ln the amount of S55raa6.1'1,, uere approvod on motlon of CouncllmanBJrrd, goconded by Councl.lman Morgan and unanlmously carnLed. ADJOIJRilTTENT: CI,AIMS: The meeting was regularly adJounned at lp:10 p. M. Respe ctfully subml tted IIERBERT K. TfiJI{ITE CITY CLERK APPBOVED: H. KENT ATT'IA MAYOR