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HomeMy WebLinkAboutMin - CC - 1974.12.16301 Burlingame, California December 16, L974 CALL TO ORDER A regular meeting of the Burlingame City date in the City Hall Council Chambers.at 8:15 P.M. by Mayor William J. Crosby. Council was held on the above The meeting was called to order PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Gerald A. Nordstrom, Chief of ROLL CALL Present: Absent : Councilmen: Councilmen: Ams trup-Crosby-Cus ick-Harr i son-Mang ini None BURLINGAME HIGH SC}IOOL CHOIR Mayor Crosby deferred to Councilman Mangini, Assistant Principal at Burlingame lligh School, who, on behalf of the City Council, welcomed the young people present to offer a program of "Songs of the Season. " Councilman Mangini introduced Mr. John Rando, Director of the Music Department at the school. Under his direction, the chorus entertained with three numbers appropriate to the YuIe season, to the delight of the audience. Mayor Crosby congratulated Mr. Rando and the students on the fine performance and conveyed the Council's wishes for happy holidays. RECONVENE:Following a recess at 8:35 P.I\'l., the Chair reconvened the 8:50 P.M.meeting at MIi'IUTES The minutes of the meeting of December 2' L974, were approved and adopted following a correction under the heading "Petitj-on For Annexa- tion - Kash And Saccumanr" last line in final paragraph to read "at the study meeting on January 8, 1975." PETITION FOR PUBLIC ACCESS ACROSS PRIVAIE PROPERTY IN KENMAR TERRACE Mayor Crosby acknowledged a petition filed with the City Council this evening just prior to the meeting. Signed by a group of residents in the vicinity of Hoover School, the petition referred to tot 23C, Ken- mar lerrace Subdivision, and to the owner's plans to improve with a sJ-ngle family dwelling. The petition stated that the proposed construc- tion "threatens irreplaceable open Space, blocks a pathway long used by the children attending Hoover School, requires the destruction of trees and natural vegetation, requires the excavation of a hillside and the wiclening and grading of a dirt road, and would involve the permanent loss of a rare wooded area long used by the general public." Petitioners requested the City Council to order that a study be made by the City Planner to determine (a) general feasibility of acquiring the land for use as open space, (b) if broad public support for such acquisition exists, (c) if grading, excavation, removal of vegetation and danger of erosion is sufficient reason to prevent further construc- tion in this area. In add.ition to the petition, a letter from Mr. and Mrs. George Heckert, 15 Kenmar Way, dated December L4,1974, asked that the existing trail be preserved or the City develop a substitute trai1. Mayor Crosby explained that the Council was not informed before the meeting of the nature of the petitioners' request and it would be neces- sary at this time to depend upon staff for background information. The City Planner and City Attorney were invited to comment. The City Planner reported as follows: The property, identified on the county assessor's maps as Lot 23-C Kenmar Terrace, is one of a three- lot resubdivision that occurred several years ago. The upper two lots .302 are improved with single family dwellings, Lot 23-C remained unimproved, was offered to the City some time ago but not formally considered, and sold recently to a buyer who intends to build a single family residence. A number of easements lie within the property--drainage, sanitary sewer and water line--thus any structure must be located in an area free of easements and other than over the creek. The new owner has posted "no trespassing" signs and started some improvements. ft appears that the school district was successful in negotiating an easement for parking immediately adjacent to the school over the access road. The remainder of the land will be in private ownership except for that small easement, and people walking across will not be permitted unless allowed by the owner. Application to build a garage in a portion of the lot in front of the main building has been filed with the Planning Commission and will be heard at the Commission meeting on December 30. The City Attorney expressed the opinion that the only matter formally before the City at this time is a regtseEt_fqr a permit to build the garage. In reiponse to the Chair, tfiE:9[e98ated-he was somewhat puzzled as to what the petitioners wish of the/City. Mayor Crosby recognized Mr. John Crabbe, 2BL2 Easton Drive, who initiated the petition. Mr. Crabbe expressed appreciation for the opportunity to address the Council explaining that the residents, through the petition, desire to explore the feasibility of the City of Burlingame purchasing the lot for open space. He stated thab the people were unaware of plans for the propert,y until a bulldozer was brought in and grading started. Hasty action appeared justified because the owner apparently intends to start, removing trees and pouring cerrent. Mr. Crabbe reported that the owner mentioned in a conversation earlier in the day that excavation of the hillside would not be too extensive, thus minimizing danger of erosion. Mr. Crabbe stated litt1e open space remains in this part of the City, that the property has been used for years by children in the area as a walkway to Hoover School, and that, if the walkway disappears, youngsters will be forced to use either Summit Drive or Canyon Road, the lat,ter being especially hazardous because of the lack of sidewalks. The residents ask that the feasibility study of City purchase be implement.ed promptly before anything irreversible is started, such as grading, paving the access road or removal of trees. The City Attorney pointed out that. the owner has a right to develop his property. In this instance, the owner does not need any form of variance or permit to build except for the garage. Anyone who has a vacant lot has the right to construct a driveway into that lot. Councilman Amstrup asked when the property was sold. The City Planner reported within the past month but eventual sale had been pending for some time. CounciLman l{angini commented it seems that the Council has people present with a valid request about which.the City can do nothing. The Iot, has been sold, a permit could be issued for a proper building. The people are asking that the City acquire the property from the man who purchased it. Councilman Cusick asked for clari.fication on location of "Hoover Trail" with respect to location of the proposed dwelling and whether there can be an easement to preserve the trail. The City Planner stated he had no knowledge of "Hoover Trai}. " It, should be identified and j-nformation made available on number of people who use it. Then the matter of an easement can be explored. He mentioned if the land were considered "park" or "open space" there would be a real responsibility on t,he City's part. Mr. Crabbe stated that the "Trai1" is, essentially, where the owner intends to pave his driveway. The City Attorney asked if the people had discussed the owner. Mr. Crabbe advised the owner told him he on the property whom he did not know. their problem withdid not want people In response to Irlayor Crosby, the City Engineer reported the Building Department has issued a permit for excavation only. There has been no concrete work as yet. 303 Mr. George Heckert, 15 Kenmar Way, stated that the alternatives to thetrail are the children being driven back and forth to school r or ridingbicycles on Canyon Road, which can be extremely hazardous. Just an easement or trail permitting walking access and linking this pocket of the hills to the lower area would be an excellent solution. I1r. Robert Welch, Principal of Hoover School, advised that the school district was offered the property several months ago by the original owner but was unable to accept for economic reasons. Mr. Welch statedthat the children are not allowed to use the trail now, that alternate routes are dangerous and that concern for the safety of their children motivated the parents to petition the City Council to authorize afeasibility study on public acquisition of the 1ot. G, Paul Lechich, City Librarian, reported he was interested in theproperty some time ago but, decided not to pursue purchase because much of the land is burdened with easements; additionally, there appeared to be the possibility of the upper portion being a slide He felt that the only logical place to build would be directly in middle of what once was a road off Summit Drive into the area. He stated, too, that his attorney had suggested that the road may not because its use as such had ceased many years ago. so area. the exist There nas a suggestion from the audience that there may be a right to the road because of its continued use by the public period of many years. public over a In response to Mayor Crosby, the City Attorney stated he to the issue of a prescriptive easement until all of the known. couldfacts not respond become Councilman Amstrup pointed out that the Council is in a quandry and unable to make a decision because of lack of detail. He suggested it may be possible to reach some form of compromise with the owner. For the moment, there are too many unknowns and the City Council is not in a positj-on to discuss the subject. Councilman Harrison concurred with Councilman Amstrup. He pointed out that the property owner is not present, that the City Attorney finds that the owner has certain rights. Stating that it may be that the Council's hands are tied, Councilman Harrison recommended that staff be directed to investigate and prepare a report for the Council. Councilman Mangini suggested that the matter of an easement might be raised by the City Planner when the property owner appears before t,he Planning Commission on December 30 in connection with the application for the garage. Iv1rs. llLinor Rusch, member of the Board of Trustees, Burlingame Elementary School District, reported that the matter of easement was mentioned in some material she had from the School District and she thought t,he District's legal representative may be working on it. Councilman Cusick asked that staff investigate city purchase of an ease- ment from the owner to provide access for the children. irlayor Crosby suggested that the residents may be helpful in assisting staff to identify "iloover Trail." With Council concurrence, Mayor Crosby directed the City Attorney and City Planner to research the matter of an easement and to report to the Council. HEARING APPEAL RE: PROPOSED ''MILLSDALE OFFTCE BUILDING," 1755 BAYSHORE HIGHWAY Mayor Crosby announced this was the time and place scheduled to conducta public hearing and to consider the appeal of A1bert A. Hoover andAssocj-ates, Architects, from Planning Commission denial of a specialpermit for office building use of the property at 1755 Bayshore Highway.The appeal was filed on behalf of Mount Royal Estates, applicant.Furthermore, in addition to the use of the property, tvtayoi crosbyannounced that the applicant is seeking a special permit from tha City 30-1 Council to exceed maximum building height of 35 feet (Ordinance No. 10221 . The project proposes maximum roof parapet height of 46 feet,from ground. Supporting material received by the City Council consisted of two letters dated November 27, L974, from the architects signed by James M. O'NeaI, special permit applications of October 10 and November 2'7, 19741 communications from the Assistant City Planner and the City Planner dated November 27 and December L2, L974, respectively, minutes of the Planning Commission hearing of November 25, L974, site plan and elevations. In his memorandum, the City Planner advj-sed that minor revisions were r- made by the architect subsequent to the Planning Commission hearing to reduce office building floor area ancl eliminate all compact car parking spaces, and that the project now satisfied parking regulations and may be approved by the City Council without referral back to the Planning Commission. Following a declaration of ground rules, Mayor Crosby declared the hearing open. The City Planner was invited to comment. He explained that the Planning Commission denied the use permit on a vote of 5 to 1. The Commission felt that parking did not meet code requirements. After the hearing, the plan was changed slightly to reduce floor area; this, in turn, reduced required parking, thus enabling the architect to pro- vide nurnber of spaces to meet code. The Planner added there were com- ments at Planning Commission 1evel concerning landscaping. In its deliberationsr the City Council should consider the requirement of landscaping to satisfy the Park Department. With respect to building height, the City Planner stated the project proposes roof parapet at 46 feet above ground floor level and a screen wall rises 3 feet ibove to conceal mechanical eguipment on the roof. For purposes of comparison, the Planner cited building heights .19t9 aayshore Highwayr ES follows: Gulliver's Restaurant including ridge 33 feet, 6 inchei, Sky Chef approximately 34 feet and parapet above approximately 3 feet, Kaiser-Aetna office building roof line 39 feet above ground (curb leve1), projecting portion of building rises to 47 feet, !575 Bayshore Highway approximately 38 feet to roof. The City Planner statecl that the portion of the proposed building 49 feet in height is just over the core of the building back from the outside edge. Anyone standing at the curb or rear of the parking lot probably would not see the additional 3 feet of height;and screening of mechanical equipment is important. Mayor Crosby recognizerl Mr. James O'Neal representing the architects and appearing in behalf of the applicant. Referring to the site pIan, Mr. O'Neal advised this is a three-story building, site area of 52tO6O square feet, building area 29,400 square feet, pirking for 98 standard size cars, I8B of site devoted to land- scaping. Building elevation from Bayshore Highway was projected on the screen. Mr. O'gea} called attention to parapet waII at 46' above ground IeveI. He explainecl that principal cause for the project being three to four feet irigfrer is the driveway under the second floor with 14 feet of clearance to provide for safety and service vehicles. He concurred with the planner that the equipment screen line will be unobtrusive, not easily visible from ground- line or most areas of the site. He pointed oirt that t,he building is oriented in a north/south direction Mayor Crosby asked I,1r. OrNeal to clarify his statement that the building is thiee to four feet higher than other buildings in the area. Mr. O'NeaI explained the intent was three to four feet higher than a three-story office building ordinarily would be. Mayor Crosby asked why 46 feet building height. Yt: -O'NeaI stated that th-e waII liie extends above the roof two and one-half to three feet, ceilings are nine feet and driveway under second floor with 14 feet clearance. He stated it is difficult to plan a three-story office building under 35 feet and screen mechanital equipment on the roof. councilman Harrison noted that maximum height on the 305 special permit application dated october 10, 1974, was shown originally at 42 feet and changed to 45 feet. Mr. o'Nea1 stated the original sub- mission was on a slightly different design which was withdrawn. In the redesign, items were changed and the additional footage added to height. Councilman Harrison asked if eight or nine foot ceilings were considered first. I'1r. o'Nea1 responded ceiling height was not changed. In redesign, the substantial difference occurred in the roof parapet. In response to Councilman cusick, the City Planner confirmed that parking layout was not acceptable to Planning Commission and the main ieason for the Commission's disapproval; also, there were questions raised about the landscaping. councilman Amstrup noted that the Planning commission minutes show that Chairman Mink offered the opportunity to revise the parking. Mr. O'Nea1 explained that the original plan submitted to the Planning Commission indicated six compact car spaces. When the Commission reviewed the plans in study session, there was discussion concerning trees and access to trash disposal areas. There hras no mention of the sj-x spaces. The plans were revised to conform with Commission comments. Mr. o-'Neal stated that the issue of the six sPaces was raised during the public hearing and, obviously, he should have Pursued it with the Commission; however, in preparing for the appeal to the City council, the plan was revised to provide parking conforming to code. Councilman Arnstrup noted not seen by the Planning withhold action until the furnished the Council. that the plans before the City Council were Commission. He expressed a preference to Commission reviews the identical drawings Councilman Mangini felt that Mr. O'Nea1 presented a reasonable expla- nation for exceeding legat building height. He stated he would vote in favor if the Council were to take an action at this time but pre- ferred that the drawings return to the Commission. The Chair invited colunents from the floor. There were none. The hearing was declared closed. Councilman Cusick moved that the special permit to exceed 35 feet maximum building height, in accordance with drawings Nos. lC, November 2?, L974, 2A and 3, dated November 6, L974, prepared by Albert A. Hoover and Associates, be granted to Mount Royal Estates for proposed office building at 1755 Bayshore Highhray on the condition that the Planning Commission approve a conditional use permit for the property and that landscaping plans be approved by the Park Department. The City Attorney pointed out that the applicant has the right of appeal to the City Council if Planning Commission denies the use permit. The motion was seconded by Councilman Amstrup and unanimously carried. COI,MUN ICAT IONS 1. APPEAL HEARING SCHEDULED: PRO SKI & SPORTS WALL SIGNS Under date of December 3, 1974, Steve and Len Beatie filed an appeal from the Planning Commission denial of application to retain existing sigrrs with certain modifications on the building at 1247 Broadway identifying Pro Ski & sports. Accompanying the letter was a communica- ti.on from the City Attorney dated December 9, 1974 presenting a history of this matter . Mr. Len Beatie was present. He was informed by Mayor Crosby that the City CounciL wilt hear the appeal at its regular meeting on January 5, 1975. 2. JOINT OPERATING AGREEMENT WITH RED CROSS Ina that. c<.lmmunication dated December Il, the Arnerican National Red Cross the city Manager adv i s ecl the process of signing, I974, is in 306 agreements with each of the cities in San Mateo County in order to familiarize the vari.ous city governments with the purpose and methods of Red Cross assistance. A form of agreement and resolution for the Councilrs consideration was forwarded by the City Manager. Mr. Pete Ashen, Director of Disaster Service, Gol-den Gate chapter of the Red Cross, addressed the Council advising there $ras a request at the Federal covernment level for closer liaison betr.reen local govern- ments and the Red Cross. Each city in the county has been asked to agree to clarify the role of city government, Civil Defense and the Red Cross in situations of disaster by execution of the Joint Operating Agreement forwarded by the Red Cross. Mr. Ashen explained there will be no additional liability on the part of the City by reason ofentering into the agreement, nor will there be confLict between Civil Defense and Red Cross. To the contrary, the result will be identifi- cation of the role of government and the role of Red Cross. RESOLUTION NO. 73-74 ment Between Golden G And The City of Burli Councilman Amstrup wh and unanimously carri "Authorizing Execution of Joint operatingr Agree- ate Chapter of The American National Red Cross ngame, State of California" r{as introduced by o moved its adoption, second by Councilman Mangini ed on ro11 call. 3. SIIERATON INN ENTERTAINMENT PERMIT The applicatj.on filed under date of November 27, L974, by Rudy Rausch, General Manager of the new Sheraton Inn at 1177 Airport Boulevard pro- posed entertainment in the cocktail J.ounge on a trial schedule of five to six nightsweekly, 9:00 P.M. to l:00 A,M. A layout of the lounge was filed with the application. Reports from the Department ofPolice and the Fire Department, Decerber 2 and December 12, 1974,respectively, offered no objections to issuance of the permit. Mr. Rausch was present and was informed by Mayor Crosby of the Council'spolicy of approving initial entertainment-dance permits for a period of six months, renewaL subject to staff review and recommendation. He indicated no obj ection. A motion by Councilman Harrison, second by Councilman Cusick and unani- mously carried approved the permit subject to review as noted above. 4. VIOLATION OF SUBDIVISION OR RESUBDIVISION REQUIREMENTS A memorandum to the City l-lanager from the Assistant City Engineer, october 23, 1974, concerned a new section of the state Map Act whereby the City is required to fite a notice of violation with the county recorder when land is found divided in violation of city or State subdivision or resubdivision requirements. The communication rePorted that the City Attorney advises a resolution of the City Council , authorizing the City Engineer to file such notice will provide for the necessary procedure to give public notice that a certain parcel of Iand may not be legally buildable, thereby reducing pressure on the City to give forrnal approval under hardship conditions to a buyer of a substandard or poorly devetoped lot. In an addendum to the coumunj-- cation, the City Engineer concurred r/rith the Assistant City Engineer that the resolution be passed. The City Attorney informed the City Council that the resolution he prepared authorizes the City Engineer to file the notices and includes the three steps detailed in the letter of transmittaf. RESOLUTION No. 74-74 "Authorizing City Engineer To File Notice of IllegaIJ.y i)Lv].ded Lands" was introduced by Councilman Cusick who moved its adoption, second by councilman Amstrup and unanimously car- ried on ro11 ca1l. RESOLUTI ONS 1. AGREEMENT FOR SERVICES OF SPECIAL COUNSEL, WEST BAY LITIGATION The City Attorney reported there are modifications to agreement. At his request, the City Council withheld be made in the action. 307 2. DEEDS OF EASEMENTS SAN FRANCISCO AIRPORT SHERATON In a memorandum addressed to the City Manager under date of December 4,the City Attorney advised that deeds initially executed in Late 1973 were returned from the recorder's office due to faulty notarization of Sheraton officersr signatures. Ner., d.ocuments were transmitted to Sheraton Corporation and only late1y received with proper signatures and notarization. The City Attorneyrs recommendation that the docu- ments be acted upon by the City Council hras concurred in by the CityEngineer/Director of Pub1ic l^lorks, acting as ci,ty manager, in an addendumto the communication. i- RESoLUTToN No. 75-74 "Accepting Deed Of Easement From San Francisco Sheraton A ].rpor t Corporation Dated September 29, L973" (Water Main) was introduced by Councilman Harrison who moved its adoption, second by Councilman Amstrup and unanimously carried on rolL call. RESoLUTION No. 75A-74 "Authorizing Execution And Delivery of Deed Of lvateE Easement Etorrr;eity Of Burlingame, a Municipal Corporatior! To San Francisco Airport Sheraton Corp., an Ohio Corporationr dated September 29, 1973" (Storm prain) was introduced by Councilman Amstrup who moved its adoption, second by Councilman Mangini and unanimously carri.ed on ro11 ca1l. 2. RESoLUTIoN No. 76-74 "Regulating Parking Lots H, N, And The Westelly One-na1T Of B - Burlingame Avenue Area Off-Street Parking Districtrr was introduced by Councilman Harrison who moved j-ts adoption, second by Councilman Mangini and unanimously carried on ro11 calI. Prior to adoption of the legislation, there was discussion initiated by Councilman Amstrup's inqui.ry concerning the time recited in Paragraph 3 of the Resolution, i.e., "between 8:00 a.m. and 6:00 p.m." He asked if all 16-hour lots are postdd "B!00." The Director of Public works explained there are other 16-hour lots posted "9:00 a.m." In response to the Parking commission's request that 16-hour be reduced to 10, staff attempted to make the most logical choice. Councilman Amstrup cornmented 8.00 a.m. lots probably will be parked to capacity by commuters. Councifman Cusick recommended that the most desirable lot be reserved for car pool riders with a meter maid stationed for enforcement. Councilman Amstrup felt there should be some arrangement for the benefit of merchants and employees on Burlingame Avenue. Mayor Crosby agreed and recorunended this be pursued at the next study meeting. Councilman Amstrup suggested that the City Planner might explore the feasibility of providing bus service between the parking area along California Drive, only half occupied most of the time, and Burlingame Avenue. Perhaps the merchants might cooperate by providing their employees with passes to ride the bus back and forth. And, possibly, Broadway merchants would be interested in a similar arrangement. Mayor Crosby thought that a Chamber of Co[unerce survey could be helpful 1n working out tj.me schedules. 3. RESoLUTIoN No. 77-74 "Resolution Acdepting Public Improvements And Authorizing Execution And Record ing Of Notice of Completion - Lands of Melba .Y. Riley" r^ra s introduced by Councifman I'langini who moved its adoption, second by Councilman funstiup and unanimously carried on ro11 calI. 4. RESoLUTION No. 78-74 "Rescinding Resolution No. 32-70 And Fixing And Establishing Water Rates, Charges An d Related Procedures . " Councilman cusick reiterated her stand against giving special. considera- t,ion in the \.{ay of lohrer rates to the heaviest consumers. The Resolution was adoption, second bycall-. introduced by Councilman l{angini who moved its Councj.lman Harrison and unanimously carried on roll ;)0f. ORDINANCES: Second reading: I. ORDINANCE NO, ].025 "Amending Sections 25.24.0L0, 25.32.030, 25.34.030. 25.36.0i0; 25.36.040, 25.36.070 t 25.42.030, 25.42.040 0f rhe Burlj.ngame Municipal Code And Adding Sections 25.08.265 Floor Area Ratio, 25.41..025 Conditional Uses Requiring A Special Permit, 25.41.090 Height And Bul-k of Buildings, 25.74.025 Lapse Of Special Permit For Nonuse To Title 25 ( ZONING) of The Burlingame lt{unicipal Code . " Declaring the hearing open, Mayor Crosby invited colunents from the floor. There were none. The hearing was decfared closed. on motion of Councilman Cusick, second by Councilman Harrison, Ordinance passed its second reading and was unanj.mously adopted roll call. said on 2. ORDINANCE NO. 1026 "An ordinance Amending Section l-5.04.010 of The Mu n.r.c.r.Pa I Code of T he City of Burlingame Concerning Water connection Charges" was given its second reading. on motion of Councilman Mangini, second by Councilman tunstrup, said Ordinance passed its second reading and was unanimously adopted on roII cal1. 3. Introduction: oRDINANCE NO. IO27 "Establishing A Legal Department" was 1n tro uce or first reading by Counci.lman Harr ISON. UNFINISHED BUSINESS I. Police Station Site Coinmittee: Council-man Mangini reported that the Corunittee held its ninth and tent h meetings. During the discussion, the subject of communj.cations was explored. It vras agreed there $rere several options available to Burlingame: I. Participation in 911 as mandated by law. 2. Participation in 911 as agreed to by a County committee, which wouLd be PIan fIB. 3. Burlingame establish its own Public Service Answering Points (PSAP) for 911 joint communications with San !,Iateo, Foster City, Hillsborough and Millbrae. 4. Burlingame to combine all of its communication lystcms to be houseo in a new communication center It was the comnitteers decision to recorunend to the City Council that Public Systems, Inc., conduct a survey covering the following: Cost of present communication system to City of Burlingame, Cost of Burlingame, by itself, adopting 911 , Cost of Burlingame consolidating all of its communications at one focation in the City, Cost of consolidating with San I'Iateo and the other cities. The coNnittee felt that Burfingame's level of service is outstanding at the present time and did not want to depart from that by joining any combined service. Councilman Mangini moved that Public System, Inc., be retained to conduct the survey as indj.cated at a cost of approximately S7500-00. The motion was second.ed by Councilman Amstrup and unanimously carried. 2. Clty Attorney Safary: On motion of Councilman Amstrup, second by ed, adjustment of the CityCouncilrnan Mangini and unan imously carri Attorney's salary up$rard to prevailing J-eve1s in this area was authorized. saccuman & Kash Petition For Annexation To Bur1in ame: At Councilman Harr .I SOn s request, t eC ty Eng L neer, act r-ng a s cityI manager, reported that this subject will not be on the agenda for the Council's stu<ly meeting in January. At the December study meeting, the Council directed staff to solicit proposals to accomplish appraisals of fixed assets for insurance and accounting purPoses. fhe appraisal wifl help staff in attempting to establish a buy in fee in annexation petitions. Staff was directed to withhold its studies on a buy in fee until the results of the appraisal are made avaiLable, which will probably be in three to four months. 3. Coun engi was 8.Atto vacaonttof der Parkin Lot--Mj.1Ls Estate Medical Center: In response to 30{) of precedent to be considered. that each request is judged ted that the city's en it was determined there ay. 7. sn cl-lman Amstrup, the C ty Eng neer staI neering staff stopped construction wh encroachment on city-o$rned right-of-w I1le aI Structures: rney reporte L atte one of the units he property are non 600 Broadway, he wi to Councilman Cusick, the CitY 1562 C ress has been told to 975. Two unitsJanuary, one is il1ega1 . with resPect roperty on Friday, December 20. Re spond ingthe owner of by the end o -conforming,11 tour the p The City Attorney stated he is familiar with the history of the property aE 124 OcciSental Avenue, about which the City Council iu"Livua a letter from Mr. and Mrs. Ward of 120 Occidental Avenue. tle will folIow through and report back to the Council. 9. Ant.i-Trust Litig ation - Water i,leters: RESOLUTION NO. 79-74 "Authorizing Executj.on of Release And covenant Not @rporation (water Meter Litigation) was introduced by Councilman Ulngini who moved its adoption, second by Councilman Anstrup anil unanimously carried' The City Attorney advised that the City is a party to this suit' The attornelzs represLnting the plaintiffs have asked for the ,,Release And cor"r..ri Not To sue,, 6y oec6mber 20 so they can represent the City in court in the matter of the negotiated final settlement. 10. Youth Soccer Team: The City Council heard a plea from " l.rr. CETEEEi;6-To{-Ti-E-or financial assistance to enable the local team to accept the invitation to participate in the International Mardi Gras Soccer tournament in Viareggio, Italy. During the discussion, the city Attorney repeated aavi6e given on prior occasions that the Council can'authoriz-e expenditure of funds for promotional advertising of the city and for the betterment of the community. The discussion was JiiL"i"A primarily to the cost of uniform blazers with insignia of the city "f nirrlingan-e and uniform trousers for the boys who will make the triP. Mr. David Keyston reported he had discussed the outfits with Levy Bros., ancl also expiored thl possibility of Levy's contributing a part of the cost. AIso, he ha! been attempting to reach the manager at pan American Airways concerning flight costs and intends to pursue this. Councilman Amstrup feLt there was a matter Councilman Mangini disagreed, pointing out on its merits. A motion by Councilman Harrison that the City provide the uniform btazers, 4. Roof Signs: Councilman Harrison reguested the City Planner to i nveEE[a t-d-ET{n s at 1575 Bayshore Highway and Yankee Doodle Skate Country, L250 Rollins Road. 5. Burlingame Avenue Si In response to Councilman Amstrup, the city@thecontractorexpectstohavethemissingletters available sometime in January. These are sol-id brass letters, costing approximately $100.00 each, cast especially for the Burlingame evenue-proJect. The contractor preferred not to set uP a separate die and was waiting until he had a similar job. 6. Avis operation: Councilman Amstrup stated it appears that cars are ue i n('-EoIt-fE-EEE-dar rental lot. Price tags are visible on some of the vehicles. rYr. David Keyston of Anza Pacific Corporation, lessor to Avj.s, explained that suiplus cars from the operation are sold in 1ots. Avis doel not operate as a car dealer, does not wish to become a car dealer nor collect sales taxi in fact, a request was made of the State of California for special legislation whereby a fee in lieu of sales tax can be paid. ui. xeyston suggested that the City Attorney confer with counsel for Avis and Hertz to clarify their operations. 'rhe City Attorney stated he will follow Mr. Keyston's suggestion. 310 trousers and City of Burlingame insignias for 22 boys at a maximum cost of S100.00 per outfit, and that the team be gifted with the United States Flag to dj-splay at the tournament, was seconded by Council-man Amstrup and carried on voice vot,e. NEW BUSINESS I. APPOINTMENT TO BEAUTIFICATION COMMISSION: Mayor Crosby announced that-the eify counciL has confirmed the appointment o f Joseph E. Harvey, 2205 Adeline Drive, to fiII a vacancy on this Commission. wage agreement between C ity and Police Dispatchers. Councilman Mangini and carried on voice vote. 3. STUDY MEETING: To be hetd on January ]5, 1975, at 8:00 P.M. ACKNOWLEDGI{ENTS Conununications 1 . Corunendation f rom Irw in L. Marcus D.D.S., L7L2 Quesada Way, to 2. POLICE DISPATCHERS: Councilman Amstrup moved warrants: on motion of Councilman Cusick, second by warrants Nos.7858 through 8094, duly audited, in the Po1ice officer Snodgrass on firmness and professional attitude in dealing with group of juveniles. 2. cofrmendation from R.t't. oavidson, Director of Public Works,/City Engineer, to Charles A. Wilson, Street & Sewer Superintendenu on 40 years of service to City of Burlingame. 3. Park Director and R.M.oavidson, Actj.ng City Manager, concerning installation of art work in the planter in city median at intersection of California Drive, Lorton and Bellevue Avenues. 4. City Attorney re: FAA Guidance re Sanitary Landfills. 5. Assistant CiLy Engineer re: FAA hearing at Millbrae City Ha1I and conuoents of airline pilots concerning proPosed Richmond Project at Millbrae Avenue and Bayshore Highway. Communication from Air tine Pilots Association, San Francisco, to Councilman Mangini, member of Air-Land Use committee, on above project' 6. McRobert L. Stewart, Chairman, San lvlateo County Council of Mayors re: Solicitation of nominees for a vacancy on Traffic Coordinating Council of MTC . 7. Transportation officer comprehensive report on Burlingame Transit Progress.g. Resources Agency of Cal-ifornia re: Proposed Anendments To Guidelines For Environmental Impact Reports .g. Minutes: f.ibrar! Board, November 19, Parking Commission, November 14, Addendum to Planning Commission minutes of November 11, Revision of Item 1I, Planning Commission regular meeting, November 25, )'974. to approve the Motion seconded by Councilman Amstrup, amount of the amount of second by Council- $415,449.0PayroLl: $318,286 .8 5 r^rere unanimously apProved f or palrment. November, 1974, Checks 5084 through 5913 in 4, approved on motion of Council-man Cusick, Councilman Cusick referred to the preliminary draft furnished the City Council for information purpole., Item 1?, "Appeal to.City Council" and recommencled that the prop6se,l fee of $25.00 be waived if an appeal is initiated by a private citizen, as opposed to an applicant or an applicant,s representative. The city Planner reported the recorunenda-' tion will be transmitted to the Planning commission. ADJOURNMENT man Harrison and unanimously carried. TENTATIVE FEE SCHEDULE - VARIANCT:S, SPECIAL PERMITS, ETC. on behalf of the city councif, I"layor crosby extended iloliday Greetings. Time of adjournment: 11:15 P.M. Respectfutly submitted, tyc i\PPROVED:Herbert K . I{I e,erk APPROVALS ffi