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Home My WebLink AboutMin - CC - 1949.02.21r 39 Burllngane, Callfornla February 2L, L949 A regul-ar meeting of the Burlingame Clty Corrncll was heJ.d on theabove -glven date. I'feetlng ca11ed to o::der at 8:OO p.m. - Mayor S lmonds Ln the Chalr. RoI1 CeJ.l: Present - Councllmen: Dahl-Earper-Hunt-tove-SlmondsAbsent ' CouncLlmon: None fhe minutes of the previous meetlng of February 7, Lg4g, as submittodto members of the Councll and as posted on the BulLetin Board in theClty H$1, were approved on motlon of Councilman Dah1r s€conded byCouncllman Earper and unanlnous Ly carried. A letten d.ated February 18, 1949, was read flon K. S. Fitch, Dfuectorof Publlc 1To:rks, transmLttLng for Cor:lcil conslderatlon a rircondof su:rvey map of a tract of land conveyed by the p anama Rea1ty Cooto RLchard F. Jose and Lydian H. Jose and recomending that the rnapbe approved. CouncLlman Eunt moved that the comr.mnicatLon and mep be referred to the Plar:nlng Conmission, eeconded by Councl Jman Loveand ulaaimously car:rled. A Letter dat6d Febnra::y J,B, 1949, wos read from K. S. Fltch, Dl-rectorof Publlc TJo?ks, adrrislng the Cor:ncil that 1n accordance wlth Councilrequest and pu3suant to the receLpt of a letter fbon the League ofCallfonnLa Citles, there Ls available to the CLty, under the termsof the ConstructLon and Bnploynent Act, Chapter 20, Statutes of 1946,the amount of +141'1579.99 and avallable a1so, unde:r the tenms of Chapter 47, Statutes of J.944, the slu:1 of S15r952.8O for publ5.c works improvement and acqlllsitLon of sites. The Dlrector of Public Worksalso offers the proposal that the flrnds be used ln the followi.ng manne- : Sewap:e Disposal Plant enlergerient, +45, ooo. L r0; carolan Avernr.eexterrtion, fYom Oak Grove Avenue to Broaciway, S5Or0OO.OO total $95rOO0.O0 '.ith the sugges tlon that the balance of the Chap te:: I\rnds, about {i45rO0O.O0 be r.eserred or. allocated to the posslble ul denlngof CallfornLa Drlve flom Burllngame Avenue to the northcltJr 11m3.ts, The lette:: was recolved and placod on flle and the City Clerk andDlrector of ?ubllc Works instructed to fUrther study the dls f,ributlonof alloceted state funcls and to connunicate lrith the League of Munlcl-pallties informing them of the Councllts proposal. to attend a Eeeting of the Bestern ReAional Conference of the Clvll Service Asserobly -to be held in Yosemlte Park on Sunday, Monday and Tuesday, lllay 22, 23 and 24. IUayor Slnonds stated fon the benefit of the pub1lc, that in the opinlo:. of the CouncLl., each memb er of the Clvll Servlce Corinlsslon should attend if posslble, and the CouncLl would at {i f\r turd meeting s6t an anor:lt to be allowed for expensea. Ma]ror Sfuaonds flrther stated that the anount of t Lmo and effort glven to the CIW b, the Clvll Servlce CorrgLsslon bas not g.one u:ono ticed, and lf ther6 w6re no objections the thre e members of the ConmlssLon uould be authorlzed-to attend the Assembly. ilearing no obJoctlons Jr"t ot" tlre onder. - t/ A letter dated. Februar.y J.O, 1949, was :read Jlom R. P. Duffy, AsslstentDistrict Brgineer Operatlons of the Divislon of }IlgJ'rways advlsi.ngthat a portLon of the State project on Hlghway Route 68 wl thln theclty 11mIts of Burllngme has been conpleted and accepted. by the Dl:rec-ton of hrblic T{orks of the State and it is now the obligatlon of the C1f,y of Burlingame to naLntaln that portLon in s satisfactory manner. Therd being no obJectLons the communLca.tLon was refer:red to the Clty Attorney eld the Clty E:gineer for their informat|ott. ':o-,n,'., .-i,,,o. /.<- A letter dated Febrnuary 12, 1949, was read flom ;ia'ne s A. I{411, Chairrlanof the Burllngame Library Board, ::eques ting that a second thlrty dayslck leave be granted tr{lss Irene SmLth, City Librarlan, C or-rnci .l,nan DaIrI moved that the extenslon as requested be g::anted tbrouglr Narc}^ 27, 1949, seconded by C ouncl lman Ilar?er, and unaninous 1y ca::ried. ( A letter dated February 9, 1949, was read flom the Civll Service Colunis- slon, .::eciuestlng that ttre Councll authorlze ono meraber of the Commission, A lotter dated FebruarY 18, 1949, Comrlsslon submittinf the followin in the Deparbrent of PubLlc Trorks: was read from t he Clvl1 Sorvlceg eliglble 1lsts for Positions 40 Se::vLce l,lan - l[eter. Department: 1 2 Niiholas De l,{arco Homer R. Mccool q!4a_W _l4en a Water Department! l-. !.{e1vln A. Alfen2. Douglas G. Ragsdale Utlllty Uan - Street Department: 1. Herr)r Joseph Andolson Groundsman Par }i _Depqltment: 1. Ei1fted J. Girouard Counci lnan Love moved that the oliglble lLst as subnltted be ac-cepted, seconded by Councllnsn Eunt and unanLnously camied. A letter dated February 18, 1949, was read I':pom the Shell 011 Company, requesting permisslon to lnstal1 two 2rOOO ga1loa under- ground tenks for gasollne storage at its statLon located at Park Road and Howard Avenue, Burlingarce. A letter was read firom Chlefof the r{re Department, Edvrar d J. Lels, recormending that ttre pe:c-nit to lnstaII th6 tanks as requested be grantod. Counc ilman Hunt moved that tbe She1l 011 Company be Branted the permit as requested seconded by Counclluan Eanper and unanlmous Iy carrled. A joint report submitted by the lloalth Department, the 31re Depart- ment and the Bullding Inspector and dated Itsbruary 16, 1949, rvas read ln whlch they advise that an inspectLon of the pnemises at 85O Acacia Drlve sas recently made to determlne rfiether or hot 1t ,souId be feasiblo to use thls building as a day nu.rsery, and uponinvestlgatlon It was found thet the bulldlng w111 not meet the ninimr:m-requLremonts for hsalti. and safety, ina ffrrtt."r reconmerdedthat the permit for the use of the resLdenbe for thls purpose bedenled. A petltl_on was also read flom the property onmers wi tlxln a 1OO yesrds rad.Lus of 85O Acacia D:rlve Ln whLch a protest was made on ttro request of Eugene Drke Mateand Virglnia Mater fots permisslon to oporate a day nr:rs ery at the above address. Coun- cl-lman Love moved that the Council concur ln the re corunendatlonof the three departments arrd that the appllcatlon be denled. The motion was seconded by Councl lman Eunt. Before votln6l upon the motion, Mr.. Enmett iyilson, attorney, representlng I'Jr. t: Mrs. Uater ad(lressed the Corrncll and ::equosted that the Corrncil re- consider the posslblllty of allowlng tho operation of ttre day nurs ery, polntlng out that lt{r. and }lrs. l,'later were doing a sor- vlce to the comunlty ln ralntalnlng an establlshment for unden-prlvileged children. !,trs. Juanl ta Carl' owler of the adJolning pr.operty a]-so addressed the Councll p:rotes tlng the use of the premLsei as a cortrreltcial enterp:rlse ln a resldentlal zono. l'{r.-0. B. Eenpstead, ano ther property owner also protested the opera- tLon of the Cay mrrsery. Mr. Ed&urd E. Wllkins, property.o ner Ln tho vicinity requested a clariflcatlon as to whether lt was a day ntEs e:ry or oporated on a f\rIl 1lj-me 24 hour basLs. Iv1l3s. Mater replied that- it wal their lntentlon to house flve children on & 24'hourb asls and a geater number during the day. After fr:rther dLscussion and consiEeration, the notlo4 was voted upon and unanl- nously carrLed that the applicatLon be denLed. A letter,dated Pebrrrary 11, 1949, was read from lllEs fda M. LewLs, nequesting Councl_l con;tderatton Ln the passage of an ordLnanco coriirofffis rlogs rrl thln the Clty. Bhe letter was recelved and placod on flIe A letter dated Febrrrary 16, J.949, was read from. the Burlingme Vfif"S" D1p!'ovement Clib, reco.-6ndlng that t6e Burlingame Traffic ""a sif.Ey- Cousittee conilnue lts wo:r[ 1n su:rveylng the haza::ds i" -u"i.ty" "t thln the CiW. 1lhe conrLrnLcati.on was :peceLved and placedl o" iii"." lt"yor Sf.ords -siated that the Council ls ln firll accond witn- tir" rec-omendatlon subrdtted by the Burllngamo Vl1lage fn- provement C1ub. A letter dated Fbbruary 16, J.949, was read fuon the Burllngane i 4L Vl lJ.age Iuprovement Club, requestlDg that artebe pLaced on the East sLde of Cellfornla Drive ( south slde) and also on the East side of CallDrfforin Avenue (south glde). The comniunicatito the Police Chlef and the Pollce Connrlttee o rlal- stop slgnsat Ros ed.ale Avenuefornla Drive at on lras refernedf the Councllfor investLgatton and a recommendstl"on to the Clty Counc11. A Letter dated Febmary !7, 1949, was read from the peninsula Sportsnenrs C1ub, endorslng the p:roposed plstol and rifle nangeto be establlshed by the Ssn tr{ateo County planning CommissLonat the Coyote PoLnt recreation area. Councllman Dahl, appolntedprevlously to Lnvest!.ga.te the establishment of the plstol andrifle range, stated that he, in c ompany with CounclJman Eunt,Lleutenant ltrlo of the Po1lce Department, and the County anctri-tect had looked over the site and it was thelr recomendatLonths.t the request be 6panted provldod, however, that the CLty ss sume no responsLblltty for any accLdent th,at shoulC occttn. C ouncl,Lnan Hunt concurred in Councl Lr,an Dahlrs statements.It was the:reupon movod by Cor:ncl lman Ddll,thet the Clty Clerkbe lnstructed to c orrnunL ca te wl ttr the San l,tateo County Plannlng Comnlssl,on., sanctioning the pr.oposa1., but that the City rrilL assur.e no responsLbtllty in case of accldent, and f\rrtherthat a request be mad6 to also provide a slte fo:p a skeet fleld. Tho motion was seconded by Councllman Hunt and une.nlmous Iy car:ried. A letter deted. Feb:ruary 8, 1949, was nead frorn Urs. Elorence M.Conroy, Ass i:; tant Leaiio:r Bro$mlo Troop No. 116, in whlch theFLre Departnent was cormended upon tkilr courtesy and fnl-endJ.l- ness as Ee11 ae the. capable servlce and p:rotection rende::ed totho people of Burllngane, and thanklng the fLr.emen, especially Captain Patsel, for shovrlng the Brovmie T::oop through theStation. The City Clerk was lnstructed to send coples of theletter to the Flre Comr.:lssi.on and to the Flre Departnent andthat a lette! be s:rl tten to Mrs. Comoy thanklng her for herlette:r. l*Iry on Simonds stated tlrat the emrployees 1n the varlous departments a:re always wi11lng to cooper"ate wl-th the pub1lc ln conductl-ng them on tours th:roughout the clty. A petltion dated I'eb:ruary 16, 1949, ras presented flom tenants whose stores are locsted in ttre Arcade vtrlch ls a contlrnratlonof Bu::15-n3arne Avenue f).om No. 1481 to 1495 incluslve, ln r*rlch a reguest. ls nade to place a street ]'lfr]rt ln the Arcade. Coun- cllman Dahl stateit that as this is prLvate property, the requestfor such llghts should be made to the ownen of the property. The Ctty Clerk was instructed to Frrite a letter to the petltioners inforrn5.ng t]:eri of the Councilts Lnabl"llty to place a ligJrt as re que s te d. A letter dated trbbruary 18, 1949, vras read from K. S. Fitch, Dlrector of hrbJ.ic Wonksr. transmltting an assessment ro11 of the ebrk accomplished to date on sidelral]r repair lmovrn as Unlt One, and advlslng that the next r;ni t of ttrls work w1,11 prcceed wl tJlln ty{o rreeks. Clty Attorney Karmel advlsed that a pub1lc hearlng date should be set rvithln 3O days to al1ow property o$ners to protest such sldewalk assessment. Councllman Dehl thereupon l-ntroduced and moved the passage of a ::esolutionsetting ttre 21st day of March, 1949, at elght otclock p.m. in.the Couxcll Chambers, City HaI1, Burlingame, ss the tlme andplace urnen all lnte:rested persons may be heard, seconded by C ouncl lnan Ea?per and carried by the unanimous aflirmatLve vote of the Couacll. Repor.ts were read fi:om the Burlingare Fi.re Departmont, the RecreatLon D,epartnent, the Pollce Depar.tment, the Departnentof Public YJorks for tho month of Jarnrary, 1949, the Sari i{ateo Counff Department of Publlc Eealth and Trelfare, month of Dec- ember, 1948, and the Thr€e Cltles lliosqulto Abaternent Distrlctfor the perlod of Jarmary 12 to Feb::uary 9, 1949. The reports were recelved and placed on ftle. Mayor Siuonds stated for t he benefit of those Ln attendance, and the publlc ln goneraL, that the Councll vrished to cJ-arify lts positi.on regardLng recent nelvspaper accorrnts of the ELre Bond electlons. lIayor Sinlonds explaimed that when the f irst Bond election had been declared invaIld, a second olection had been held in order ttrat the Clty ni gJ:t take advantage of x X 42 ttre orlglnal. prlces submLtted by the varLous companles, nho bltl on the e qulpment and faeilitles roquLned. Ma)ror SimoDdq fiEttrer explaime d that as the flrst eJ-ectlon has now been de clarr$ va1ld,In a declsion rendered by tlre Supreme. Court, the Cou:ecll desirodto sssure the pubLic that an additional $12o,ooo.oo amowrt of bonds w111 not be so1d. The Clty Attorney thereupcn read the following ::esolution declarlng such intention: RESOTJ'TIo]{ NO. 11 - 49 DECIARING TEE IMTEM.ION NOI TO SEIJ S17O,OOO.OO GEiERAL OBTTGATION BONM, AUTHORIZED BY SIECIAD EIECTTON EELD APRrL 13, 1948 wlIEBEAs, at a special Bond Election held April 13, 1949,ln the Clty of Burllngame, tho City CouncLl was authorLzodto seII i!1?0rOoo.oo GeneraL obligatlon Bonds of the Clty for the purchas e of fire equlpment and otherprrposes as statedin Propositi.on No. 1 on ttre Ba1lot 1n sald Election; and WtrgREAS, a questLon arose as to tile vallttl ty of the eJ.ectlon, based upon technicalltles, and the result of whl ch would have to be determlned by the courts, ald the time there-in consumed mig,ht nesult to the dLsadvantage of the clty; and i'IEBEAS, the Ctty Council anxious to save money by taldng advantage of an offer whl ch could extend only unt1l December15, 1948, ordered a second oJ.ectlon to be held on Decomber 'l , L948, for ttre sayne purposes as gtated in Proposltlon No. 1 on the baIlot in Special Election held AprLl 15, 1948i ard IIHREAS, at saLd election on December 'l , L948, auttrority was again duly given for: the same purposes as sbove referredto and bond in the sum of $17O'OOO.OO ryere agaln author'lzedto be sold; and IIEEREAS, the Suprenle Cou:.t of California on Fbbrrrarlr 18, 1949, in an actlon therein peqding involvlng a s imllar situ-ation declded that the bonds voted and authorized ln theelection of Ap:ri1 1,3, 3:948, were valld; and IYI{REAS, the CLty Council is desLrous of nor maki.ng itspositlon t'horougJ:1y understood, and to declare its lntentlonh.ereln, does now RESoLIrg, that tt wt1IongseI1 $17oro0O.oo general ob1lga-tion bonCs for fire purposos, as authorl,zed by the electlonheld December 7, 1948, and w111 no! sell ttre $17OrOOO.OO bonds autho::lzed by the e legbion hel-d April 15, 1948, arrd 1111 ln dug course cancel th. unsol-d bonds as provlded by Iaw, and BE fT flnlMR RESOLVED, that the actlon ta-ken by th1sresolution sha11 1:r no rranner affect the Rec::eation Bondsheretofore sold. E.-E.-Efnds,yolP Councilman Love introduced Rosolution No. 11-49, and moved itspassage, seconded. by Counei lman Eunt and cerried by the unanLmousafr'irrtrative vote of the members thereof. O::dinance }io. 476, entltled, nAn OrdLnance Amendlng the OrdLnanco Code of the Ctty of BurJ.ingame by Adding Thereto a Now Sectlon4429.7 ?rohiblting the Dlspensing of fnflarraab].e Llquids to the Public by Unattended Dispenslng Devi.ces ln the Clty of Bu::1lngame and Presc:.ibing PenaltLes for Violatlons Thereofi was gr.ven second reading. CouncL Lman Eunt movod the passago of Ordinarce No. 476, seconded by Councllman DahI and adopted by the follow-ing vote 3 Ayes: Councllmen: Dahl-Earper-Hunt-Love-SimondsI{oes: Councilmen: }Ione Absent CounciLnen: None OrdJ-nance No. 477, entltled, rAmending OrdLnanco Code of theClty of Bur l ingane by Repeal-Lng Sectlons 1311 and 1312; Establish-ing Two Ner Sectl-ons 1311 and 1312, Controlllng Dogs YJS.thin the Sa5.d Cityrr, was glven second reading. Before votlng upon the passage of the Ordlnance City Clerk read a petitlon submitted by ::esid.ents of the City of Blrrlingadre protestlng the pnoposed ordlnance, also a letter from Tom Hendricks, 1431 C olunbua Avenue, opposing the passage of the Or.dinance. I!{ayor Slmonds statedthat any one present at the meeting mlght speak on Ure subjectat which tlme cons ide:reble dlscussLol-r was had, the na jo::lty of -l 43 those present, however, favored the passage of ttre p:roposod ordl-nance. Councllman lla4)er theneupon moved that 0rdinance No. 477 be adopted, geconded by Counc i lrnan Dehl and adopted by the fo1low-lng vote:Ayes! Councllmon: Dahl-IIarper-Eunt-Love-SlnondsNoes: Councllmen: None Absent Coulclhen! None Ordlnance 1Io. 478, entLtled, An O::dinance Amendlng ttre OrdLnanco Code of the Clty of Burll-ngeme by Trans ferring flom Flre Zone 2to R[::e Zorie 3 a Plot of Ground IBmedlately AdJolnlng the Southenly Slaie of the FL:re Eouse at tJre Corno:: of Californla Dlve and PaLmDriven rcas lntroduced by CouncllmaD Hrint. On motLon of Cor:ncil- man Ipve, seconded by Counclluan Dahl and ca?rled by the.unanlmousafflrnratLve vote of the Councll members, the readlng of thelengthy descriptLon was dlspensed wlttr. Cl.alms Nos. 6515 arrd 6650 lnclusLvo, relth the exceptlon of 6544, were read and warrants ordened drarm on ttre Clty Tressursy for thein respective amounts, on notion of CounclLman Dai-[, seconded by Coun- clIman Hunt and unanlnrous 1y carr:led. Under- the heading of UnflnLshed BusLness, the resiginstlon of Eed. f. Co1by, bubmltted under date of January 15, 1949, ras ac- cepted Fith re.olet' on motion of Councllman Eurt, seconded by CourxclLean Dah1 ai:id rmaninous 1y carLed. Tlle City CLerk was ln-structed to rrite a letter to ltlr. Co1by, thanking hirrr fon hlsrmtirlng e fforts and h1s long years of servlce to the city. tr{ayor Slmonds submltted the n&nes of John !'. Sul11van and A. H. D[ t fuann for re-appoinfuent as menbers of the lYater Connlsslon. C ounc il"man Dahl moved the re-appolntment as r.ecormtended by l,{ayor:Sironds, seconded by Councllnan Love and unanLmous 1y confinmed. Mr. O. B. Eempstead, add:cessed the Councll and tean}ed the membensfor thei.r car.eftrl invest5.gatLon and sctlon taken in regar.d to denying the applLcatlon to operate a day nursery at B5O Acacia F. Mr. A. Dellacasa add.ressed the Counell and thanked the membens fordinecting the sldewalk t:epair work done ln hls nelghborhood and ques tloned the Councll as to repal:rlng the curbing daaage d by tneeroots. Lfr. De].lacasa was :refer.red to the -DL:rector of Public ltorksfon thLs lnforroatl-on. Mr. R. W. Gar:rliner, poundmaster, also expnessed hLs appreciationto the CouncLl for the adoptlon of the Ondinance Controlling Dogs wl thin the clty. Mr. 0. B. Ile,npstead ,as Lntroduced by Ms.yor S lmonds as San }tateo Countyt s As ses8or. There betng no fur the:: buslnoss, Councll&an Dalrl m.-ved that thomeetlng adjou::n, second.od. by Counc l Lnan Iove and unanimous lycarrie d. Respectf\r1I-y srrbrnl tte d, ECity Clerk x +{PR 0, OVED: U.S. SII,IONDS lfayor ( JR