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HomeMy WebLinkAboutMin - CC - 1954.11.15210 Burllngame Callfornla November 15, 1954 A regular meetlng of the Bunllngame Clty Councll was held on the eboveglven date - Meoting ca1led to order at 8:25 P.M. - Mayor Atwater lnthe Chalr RoII Ca1I:Present - CouncllmenlAbsent - Councllmen: A twa te n-Byrd-Love -Morgan-Ro oth None t, MINUTES The minutes of tF" previous regular meetlng of November l, lgs4, assubmltted to members of the Councll, were unanimously appioved, andadopted on motlon of Councllman Love and seconded by-Coirircllman Rooth. The mlnutes of the adJourned moetlng of November 6, lgb4, ato members of the councLl, were unanluously approved and admotion of co'uncllman Byrd and seconded uy eounlllman tov6. HEARINGS: s submltted opted on I.YIEED ABATEMI'NT PNOGRAM 1954-1955 Btayor Atwater announced that thls Yea s the tof weeds There bel man Byrdn0rderlng Nui sance unanlmous lme scheduled for heaFlng obJectlons to the proposed removalas declarod ln Resolutlon No. 61-54r adopted 0etober 26, 1984.ng no protests recelved etther verbally or wrltten, councll-lntroduced and moved the passage of Resolublon No. 65-s4rDestructlon of Noxlous and Dangerous weods and Rubblsh aln the clty of Burllngamorr, seconded by councilman Rooth andIy adopted on ro}l call of members present, II-BEMOVAL OF BRICK ARC IIES ON EASTON DRIVE.At the request of theCounc11, C1 ty !.;nglneer Merr stated that an lnvestlgatlon had been cori- on Easton Drlve and lt wasducted at the location of the brick arehesdetermlned that the City has no Jurlsdlctlon, the arches ln questionbelng wlthln terrltory of the County of San Mateo. The Clty Englrieeradvlsed that at the tlme of annexatlon of the Eaeton Oaks SirUafvf-slon by the clty, lt lncluded area only to the property ]Lne. Mr. Waldo Penry, 2804 Easton Drlve, Bunllngame Taxpayerr resldlng onthe borderllne of the clty llmlts of the Clty of nurllngarne and f,heTown of Hlllsborough, questloned the status of hts property insofaras recelvllg street sweeping servlcos. &{r. Perry was iAvtied thatone half of the street upog whlch he resldos ls urlthln the clty llnitsof IIlllsborough and one half wtthln County terrltory and thereiorenot lncluded ln the street sweeplng clrcult. Following further dls-cusslon, tho Clty Engineer and the Clty Attorney were instructed topresent a workable solutlon to the lnqulry at the next regular meet-lng of the Councll. III - A. M. HOLfulAN ST FO}T VAR]ANCE TO ALLOW CONSTRUCTION OF c ea on d0ctoberslon, a 4, was rea rom Bur,Clty Plannlng Conmls-held on a varlancedvlslng that a pubIlc hearlng had beonappllcation, submitted by A. Merrl11 Holman, I?0O euesada Way, toallow the constructlon of a }anal and patlo withln a slde sel-back.The eommunlcatlon advlsed that the appllcant had lnadventently cons-tructed the lanal ln vlolatlon of the Cltyts Bulldlng Cod.e and thatupon lnvestlgatlon and hearlng, lt was determlned that the now cons-tructl.on would in no way bo detnlmental to adjotnlng propertles. Questloned by the Councl-I, Clty Englneer Marr stated that the construc-tlon ls an encroachment upon e Paciflc Gas & Electrlc easement andupon advlse recelved by that company, thene would be no opposltlon tothe constructlon. Mr. Marr frrther advlsed that the city-malntalnsno utllltles at that locatLon. Plannlng Consultant Mann advlsed that the constnuctlon vlolates thecity Ordlnance codo provlslons negulatlng slde set-backs and awalver of the Code was requested by the appllcant to permlt the eon-tinued uso of the constructlon. 211 Followlng eonslderable dlscusslon on the subJoct, Councllman Mongan moved that the Cor:ncll eoncur wlth the recommendatlon of the Plannlng Commlsslon and that the varlanee be gnanted, seconded by Councllman Byrd and carrled by the followlng vote of members: Ayes: Councllmen: Atwater-Byrd-Morgan-Rooth Noes: Councllmen: Love Absent Councllmen: None 'Members of tho Counell expressed reluctance ln approvlng the construc-tlon and the Bulldlng Inspector and the Pol1eo Department were dlrectedto contlnue thelr vlgllance ln locatlng vlolatlons ln the Cltyts Bulld-ing Code. COMMUNICAT]ONS: A comnunlcatlon dated, Novemben 6, 1954, was read from the Clvl1 Servlce Coumlaslon subnlttlng the fol.lowlng ellgtble llst for the posltlon of Second Asslstant Chlef In tho Flre Department: 1. Harvey E. Johnson 112 Vlctorla Road, Burllngamo 2. Wendell iiY. Mason ]]p2 Cabrll}o Avenue, Burllngame 6. IlarrXr H. Monehead 2L6 Dwlght Road, Burllngame 4. Joseph J. Fena 144'l AJrarado Avenue, Bunllngame A conmwrLcatlon dated November 1O, 1954, was read. from the Clvll Servlce Conmisslon, submLttlng the followlng ellglble 11sts for posltlons ln the Department of Publlc Works: ]I$ater Servlce AssLstant Supervisor 1. Homen R. McCooI Water Servl-ce Man - lst class: JL32 So Norfolk St., San Mateo 1. Charles E. Engle 2. Wes1ey D. Coko A-qeletant Parf, Supervlsor 1. Paul Westh 2. Elmer L. Hasty Tree Malntenance Man 1. Robert L. Russell 2. $11111am G. Tregonlng 3, toon Parentl 1518 Paloma Avenue, Burllngame 8O9 Bayswater Avenue, Burllngame 206 Spruce Avenue, 555 Mounte Dlablo, So. San Franclsco San Mateo 1568 Lodl Avenue, San Mateo 2SL tlncoln, Palo Alto 812 Laurel Avenue, Burllngame Bhe Clty Clerk was lnstructed to dlneet a letter of appreclatlon to members of the Clvll Senvlce ComLsslon ln necognLtlon of the many hoursof service rendered ln conductlng examlnatlons. A communlcatlon dated November 1O, 1954, was read fr.om G. J. Marr,Dlreeto:r of Pub1lc Ttlorks, roquestlng appolntments Ln the Departmont ofPubllc Wonks Pank and ll,ater Sectlons, Councllman Morgan moved that Rlchard E. Brownlng, 901 Vlctory Street,South San Franclseo, be appolnted to the posltlon of Groundsnxan in thePark Department, effective Novernber 16, 1954, subject to Clvll ServlceRuIeg qnd Regulatlons, seconded by Councllman Byrd and unanlmouslycarrlod. Councllman Mongan moved that Charlos Engle, 1418 Paloma Avenue, Burlln-ganp, be appolnted to the posltlon of Yis66p Servlce Man, flrst class,effectlve November 16, 1954, subJect to Clvll Servlce requirements, 272 soconded by Councllman Love and unanimously carrled. Councllman Morgan moved the appolntment of Robert L. Russell, 1568 LodlAvenue, San Mateo, to the posltlon of Tree Malntenance Man ln the ParkDepartment' effective November 16, 1954, subJect to Clv1I Servlce requl.re-rnentsr s€conded by councllman Byrd and unanluously carrled. Councllman Morgan moved that Homer Mc0ool, be appolnted as Water Ser-vlce Asslstant Supervlsor, effectlve November 16, 1954, subJect torequlrements of the Clvl1 Servlce Rules and Regulatlonsr s€conded by Councllman Love and unanlmously carrled. Dlrector of Pub]lc tYorks Marr requested a clarlflcatlon concernlng therequlrement of a medlcal examinatlon on porsonnel promotlons and was advlsed by tho Councll that the lnqulr"y w111 be taken under consldera-tlon for further report. A letter dated October 29, 1954, vrss:read from the Bunllngame CltyPlannlng Commisslon, advlslng that at a regular meetLng, Octoben 25,1954, the Conmissl-on had recorrcnded the appr.oval of the new plansfon a Club bulldlng as submltted by the Burllngame Women,s Club. Questloned by the CounciI, Bulldlng Inspector Watson advtsed that the.plans submltted at the Commisslon moetlng were merely floor plans, ' not blue p:rints ln detall of the proposed bulldlng and tho Commisslonhad grantod a use penmlt only to the Burllrrgame lfloments CIub. TheClty Attorney further advlsed that the rnatter under conslderatlon bythe Councll 1s that of the appllcatlon for land usage. , Councllman Byrd stated that he was not opposed to the land usage, but ) ln hls oplnlon, the plans for the proposed bulldlng should be drawn bya certlflcated archltect. In substantiattng hls opLnlon, CouncllmanByrd quotod from the Business and Professlonal Codo of the State ofCallfornla, whlch states ln part: frPublLc welfare regulres certalnstructures, l-neludlng most types of commerclal bulldLngs, to be doslg-ned, etc., by competent, reglstened professlonal persons.n Councllman Love thereafter moved that the Councll approve the land usage and that a ttuse permltr be granted to tho Burtlngame WomentsCIubr soconded by Councllman Rooth. Councllman Byrd offered as amendment to the motlon, seconded by councllman Morgan, that plansfor the proposed bulldlng be prepared by a reglstered a:rchitect. Speaklng on the questlone Clty Attorney Karmel advlsed that lt wouldnot be proper to lmpose such a condltlon. The amendmont to the mo-tlon was wlthdrawn. fhe orlglnal motion was thereafter unanlmouslycarrled. Councllman Byrd moved nonconcurrence wlth the raoconmend.atlon of thePlannlng commission that the new plans be approved, i-n vlew of theactlon taken by the prevlous motlon. The motlon was seconded by Councllman Mongan and unanlmously carrled. The Clty Attorney was requested to submlt an oplnlon regardlng thelegallty of requlrlng plans for publlc bulldlngs to be desLgned bycertlfl cated archltects. A comnrunlcatlon dated 0ctober 29, 1954, was read from the BurllnganeClty Plannlng Comnlsslon, advlslng that the Corrurlsslon had votod-to recommend that the flnal map of the llesubdlvlslon of Lot 65, Block19, and Lots 22 throu6h 29, Block 17, Ray Park subdlvlsion, as sub-mltted by Wllsey & Co., be approved, A further comntulleatlon, dated November 15, 1954, was read from lftllsey & Ham, clvll Englneers, ro-questlng that actlon on the aforementioned flnal nap be held lnabeyance untll the regular Counell meetlng, Decembor 6, IgS4.Councllman Rooth moved that the Councll concur wlth the request ofWllsey & Co.e and the matter placed on the Councll agenda, December6, 1954. Tho motlon was seconded by Councllman Byrd and unanlmous-Iy carrled. A letten dated Novemben 12, 1954, was read from the Burllngame ClvLcImprovement C1ub, cornnaendlng the Councll on lts recent recornnenda-tlon all lmprovement club matters be handled through the Burllngame Improvement Clubs Councll. Mayor Atwatenr of,i behalf of the Council,expressed appreclatlon to the Bunlingame Clvlc Improvement Clubrepresentatl.ves ln attondance. 213 A letter dated November 8, 1954, was read from Wm. J. Molr, 1424 Chapln Avenuo, requestlng lnmedlate Councll actlon ln adoptlngdlagonal pbrklng on Chapln Avenue, between El Caml-no Real and Prlmrose Boad. Ihe comrunlcatlon y{as referred to Counci.}man Morgan, Chalrman of the Councll Parklng Commlttee. Executlve SecretaryGranvllle Bnownlng, of the Bunllngame Chamber of Conmerce, was reques-ted to confer wlth p:roperty owners on Chapln Avenuo to obtaln neactlonon the proposal to change parklng from para1lel to d1agonal. A letter dated November 11, 1954, f,,as read from John D. Bronfleld,Prosldent Levy Bros. Department Stores, requestlng the grantlng of avartanco to permlt the ereetlon of a neon slgn, the proposed dimenslonsof whlch are ln excess of the Clty Ordinance Code. fhe communlcatlonyqs referred to the Plannlng Conrmleslon, A letter dated November 1], 1954, was read from the Broadway Develop- ment Assoclatlon, submlttlng recommendatlons for Councll conelderatlonfor the purchase of property withln the Lrnnredlate vlclnlty of Bnoad-w&[r The communleatlon was referred to the Chalrmen of tho CouncllPanklng Corunlttee, Councllman Morgan, for further study. A letter dated November 8, 1954, was read from the Clv11 Servlee Com-mlsslon, submlttlng a certlfl-ed copy of the Flndlngs of Fact andConcluslons of the Burllngame Clv1l Servlce Commlsslon 1n the matterof the hearing of Offlcen Wllllam P. BrLgham from an Order of Sus-penslon made by the Chlef of Po1lce. The Clvll Servlce Commlsslon,in renderlng lts decLslon 1n the pr:esentatlon of Findlngs, upheld theactlon taken by the Chlef of Po1lce ln the suspenslon of OfflcerBrlgham. Councllman Love moved that the Cor:ncl1 afflrm the actlontaken by Chlef of Pollce Theuer and furthen afflrm the decision renden-e9-by t!" Clvll Servlce Cornmlsslon. The motlon was seconded. by Coun-clIman Rooth and unanlmously carrled. REPORTS OF OFFICERS Reports for tho month of October, 1954, submlttod by the RecreationDepartment, tho."Flre Department, the Pollce Department and the Depart-ment of Publlc Works were read, acknowledged and placed on fi]e. - RESOLUTIONS Resolutlon No. 66-54t trModLfylng and Changlng Allgnment of ltoad to be 9p9r"d Descrlbed ln Ordlnance of Intentlon No. 566 Adopted August 16,1954; Maklng changes ln Propertles to be Acqulred. Therefor; anaDlrectlng Preparatlon of 0rdinance 0rderlng Improvements to be Madeand Actions ln Condomnatlon of Propertles NecessarXr Therefortt waslntroduced by CouncLlman. Byrd, who moved its passage, seconded byCouncilman Love and adopted unanlmously on ro11 ca}I of mombeps.(Easton Industrlal lmprovements) No protests were filed. Resolutlon No. 67-54, nResctndlng Resolutlon No. 23-4? and No. !4-48Deslgnatlng Capuchino Avenue From Broadway North to Llneoln Avenueand Paloma Avenue from Llncoln Avenue South to Broadway as rone-WayStreetstfr wes lntroduc"g by Councllman Love who moveA its pausagJr"seconded by Councllman fiooth and adopted unantmously on roil caft-of members. INTRODUCTION OF ORDINANCES Ordlnance No. 56Br tt0rderlng the Improvements to Be Made Descrlbed lnOrdlnance of Intentlon No. 500 Aaopted. August 16, 1954, as Mod.ified.and changed by Resolutlon No. 66-84, Adopted November is, r9s4; andT""ctlng Actlons in Condemnatlon be Brought to AequLre i,roperliesThorefonn was,lntroducod by Councilman no6tfr and glven flrst read.ing.(Easton Industrlal Improvements ) ordlnance No. 99?r rrAmendlng the ordlnance code of the clty ofBurllngarre By-Addlng Thereto a New Sectlon 3,229.2 freslgnating CapuchlnoAvenue from Llncoln Avenue South to Broadway and Palomi Avenie fi.omBroadway North to Llncoln Avenue as tOne-r/Yai Streetsr for VehlcularTrafflc" was 1nt:roduced by Councllmsn Morgan and glven flrst read.lng. ordlnance No. 5.?9, rrAmendlng the ord.lnance cod.e of the clty ofBurllngame By Addlng Thereto a New Sectlon l,222.? prohlbltLng theParklng of Commenclal Vehlcles on Broadway between Callfornli Dnlve 2L4 and El Camlno Real Exeept at Loadlng Zones Deslgnated for Theln Usenwas lntroduced by Councllman Byrd for flrst readLng. Ctty Attorney Karmel advlsed that thero ls ln exlstence an ordlnanceauthorLzLng the Chlef of Pollce to regulate and deslgnete areas forthe parklng of commerelal vehtcles. The-CIty C1erk was instructed to communLcate wlth the Clty.of SanCarlos requestlng lnfor"matlon on an ordlnance necently adopted bythat Clty relatlng to the above subJect. 0rdlnance No. lll-trAmondlng the Ordlnance Code of the Clty of Burlln-gsrre And ArtLcle 55 Theneof Deallng Wlth Bulldlng Construttlon ByPlacing Restrlctlons upon the Constructlon and Use of Metal Butlhlngsand Bepeallng A11 0rdlnances ln Corrflict ?herewlthn was lntroduced byCouncllman Byrd and glven flnst readlng. PASSAGE OF ORDINANCES OrdLngnce No. 56!, ttRepeallng ArtLcle 51 of Part X of the Ordlnance Code of the Clty of Burllngame and Adopting a New Article 51 of PartX of the Ordlnance Code of the Clty of Burllngame Provldlng for theEstabllshrnent of Flre Zones Wlthln the Clty; Repeallng A11 0rdinancesln confllct Thergwlthi and Recltlng the Emergency Requtrlng ThisOrdlnance to be Effectlve Upon lts-Passage., was lfven socoid readlng.Councllman Love moved that OrdLnance No 56&, be adopted, seconded byCouncllman Byrd and adopted by the follor,lng vote: Ayes: Councllmen: Atwater-Byrd-r,sve-sorgan-Rooth Noes: Councllmenl None Absent Councllmenl None 0rdlnance No._56$, rAmendlng the Ordlnance Code of the Clty of Burlln- game_By Repe-a_l,lng Sectlon 928 Thereof As Amended, Provldln! for theDue Date and Notlce of the Payment of Taxes, and- 0rdalnlng-a NewSectlon 928 Providtng for the PaSrment of Taies and. Givlng Notice ofDue Dates and Dellnquent Dates for the Patrrment Thereoft'Eas glvonsecond readlng. Councllnan tove movod the passage of Ordlnance No.569, secondod by Councl}nan Morgan and adoptea t! tne folLowlng vote: Ayo s : Corrnel lmen: Atwater-Byrd-Love -lflorgan-Rooth Noes: Councllmen: None Absent Counellmen: None 0rdlnenee No._96.6r^rtAmend!,ng tb" Ordlnance Code of the Ctty of Burltn- gamo By Repeallng Seetlon 950 Theroof and Ordalnlng a New Sectlon g50 Provldlng For Dellnquent Penaltles Upon Unpaid Property ?axosrt wasgLven second roadlng. On motlon of Councilnan ltooth, ieconded bycouncllman Morgan, Ordinance No. 566, was adopted by flre followligvote:Ayes: Councllmen: Atwater-Byrd-Love-Morgan-Rooth Noos: Councllmen: None Absent Councilmen: None 0rdlnance No. S60r trAmending the ordlnance code of the ctty of Burlin- Hame; Creatlng a Pank CornmJ sslon; and Pnovldlng for Its 0rlanlzatlon,rerms of Its Membens, Offlcers, Powers and. Drtlestt was elv6n second.reading. Councllman Morgan moved the passage of Ordlnaice Nor 56?,seconded by councllman Byrd and adopted by ihe roltowlrq; vote:. Ayes: Noes: Absent Councllmen: Councllmen: Councllmen: Atwa te r-Byrd-Love -Mongan-Ro oth None None r 1. Howar d, Avenue and slde streets lt tl o e ct. move orney ea ze o procee tlon ln obtalnlng legal coun sel to further the Propo 1ng proJ ect on Howard Avenue and adJolnlng slde stre was seconde d by Councllnan Morgan and unanlmously ca 215 Councllman BYrd d at hls dlscre- sed stroet 11eht-€ts. The motlon rr1ed. Z. Councllman Byrd moved that the Ctty Attorney be lnstructed to Pre- p"r" for flrst r6adlngr Br ordlnance cieatlng the posltlon of Utlllty Man 1n tho Recreatlon-Department, seconded by Councllman Love and r:nanlmously carrled. 5. The Ctty Clerk was lnstructed to obtaln proposals for a loudspeak- lng. system for the Councll Chambers. 4, Councllman Morgan advisod that the Clty Engtneen ls preparlng data on the request thaf, addltlonal llghts be lnstalled ln Washlngton Park. b. Councllman Morgan stated that llghts along-the easement and between nay Oriue and Deveiaux Drlver &s requested, w111 be lnstalled by the Paclflc Gas & EIectrlc ComPanY. 6. Councilman Morgan moved that the Dlrector of Pub}lc Yiorks be ln- structod to provlde for the sweepLng of the Broadway and Burllngame Avenue buslness dlstrlets on Saturday mornlngse orl I tentatlve basis, .soconded by Councllman Byrd and unanlmously carrled. George Trollman, owner of property at 1116-1120 E} Camlno Real' reques- tea tfre funmedtate asslstance of the Park Department ln prunlng large eucalyptus trees In front of the premlses. fn neply to a Councll fnquli'y, Dlreetor of Publlc !l/orks-Marr advlsed that present personnel 1n the-irark Department llmlts the actlvltles of the Park Department. Counellman Morgan, Chalrman of the Councll Trees and Parks Commlttee, was requested. to render a report on the duties lmposed upon the tree trlrnmers ln the Park DePartment. A letter dated November 15, 1954r was read from Davld tt. Brown, attorney, representlng Chester and Lydla Eldredge, rgquestlng aD €x- prosston of oplnlon as to the attltude of the Councll ln the grantlng of an off-sale llquor llcense to the Eldredges at 276 Prlmrose Road. Mr. Brown, ln attendancer stated that hls cllents have not applled for a llcense transfer, doslrlng flnst to obtaln an oplnlon from the CounciL. A poII of the Counell determlned no opposltion to the pro- posed appllcatlon for an 0ff-Sale Llcense. Mr. Eugene i1. bheehanr 1821 Ray Drlve, suggested the appolntment of a eltlzonsr g6mmtttee to augument any actlon the Chambor of Coumerce may requlre 1n Lnterestlng and lnvltlng lndustrlal plants to locate ln Burllngame. Ilollowlng dl,scusslon on the suggestlon, 1n whlch members of the Councll expressed thelr approval, Mr. Sheehan wa,s ln- vlted to confer wlth the Executlve SecretarXr of the Chamber of Commerce. CI,AIMS On motion of Cor.mcl-Iman Byrd, seconded by Councllman Rooth, and unanl- mously carnled, e1alms Nos. 6097 to 6207 lnc. ln the amount of $25r160.54, approved by the Flnance Cornnlttee, were allowed and war- rants ordered drawn on the Ctty Treasury to cover theln respectlve gmounts. PAYROLL APPROVAL Paynoll for the month of 0ctober, 1954, Elarrants Nos. 9659 to 9995 1nc., ln the amount of S52,82O.7O, was approved on motlon of Councll- UMINISIIED BUSINESS 7. Mayor Atwater stated that a report from the Burllngame-San Mateo Real gstate Board Appralsal Conmlttee on appralsals of parklng }ots avallab1e for off-street parklng facllltles would be presented at the next moetlng of the Councll. NEW BUSINESS 216 man Byrdr seconded by Councllman Love and unanimously carnled. ADJOUBNMENT There belng no further buslness,ed at l2z4a a. n1r the meetlng was regularly adJorrn- He spectfully subml tted, HTITIBERT . !llifTE CITY CLERK APPROVED: H. KENT ATT'ATER MAYOR JW.4