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HomeMy WebLinkAboutMin - CC - 1972.07.03282 A regular meeting of the Burlingane City Council was held on the above date. The meeting was called to order at 8:05 P.m., Mayor victor A. Mangini presiding. PLEDGE OF ALTEGIANCE The City Planner led the assemblage in the Pledge of Allegianceto the Flag. ROLL CALL Present - Councilmen: Absent - Councilmen: Ams trup-c!osby-Cus ick-Mang ini-Martin None MINUTES The minutes of the meeting of June L9, 1972, previ.ously submitted to Council, were approved and adopted. COI{II{UNICATIONS 1 APPLICATION FOR PERMIT TO SELL USED AUTOUOBILES W.JOHN LINDERMAN, APPLICANT. HEARING AUGUST 7,L97 2 Under date of June 27, L972, Mr. l{. John Linderman, Jr., 2154 Geri Lane, Hillsborough, made application for a business Iicense as a used car dealer, i.n accordance with Municipal Code Chapter 5.32, the business to be kno!,rn as "Linderman Auto Center" located at 1129 california Drive. The apPlication noted back- ground data as follows: In business in San Francisco for the past 30 years at 222 Sacramento street, under name Linderman Garage, Dealer *3633, engaged in auto parking, service, used car sales, new car leasing and new car procurement i transfer of existing (valid) license in progress to Burlingame address. Accorded the privilege of the floor by the Chair, Mr. Linderman explained that it is neither his desire nor intention to operate a used car lot per se---the primary function will be new auto- mobiLe leasing and new automobile procurement, in which oPeration there is some activity in sales of used automobiles. The Council heard a report from the City Attorney that rdhere there are sales of more than two used automobiles within one year there is a used car business within the language of the Burlingame Code, reqrriring a permit from the City despite the fact that the emphasis may be on other phases of the business. The City Attorney discussed the requirement for a public hearing, published notice thereof and referral of the application to the Chiefs of the Police and Fire Departments for investigation and rePort prior to the time of the hearing. The city Planner indicated the application presented no zoning probLems . The matter was scheduled for public hearing at the regular neetingof the Council on August ?, L972t the City Clerk and City Attorney were directed to prepare a suitable notice of hearing for publi- cation as required by Code and the city Manager to refer the appli- cation to appropriate departments for investigative reports. Burll.ngame, California July 3, L972 CALL TO ORDER 2,\;i 2 HEARING SCHEDULED EXTENSION ORDINANCE NO. 959.INTERIM URGENCY ORDINANCE In tha a communication dated June 29, L972, the city t ordinance No. 959 adoPted March 20, L972, p special permit granted by the city Council) b e than 151000 square feet of gross floor area Attorney reportedrohibiting (except uildings havingor a height in Avenue Area off- 1972, The City ion of the ordi- be set for hearing by mor excess of two (2) stories within the Burlingame Street Parking District will expire on Jul'y 20, Attorney recommended that the subject of extens nance for eight (8) months (a statutory limit) at the next regular Council meetinq. A motion rras introduced by Councilman Amstrup that a hearing be held at the next regular meeting on JuIy L7, L972, for the pur- pose of considering an extension for a further Period of eight (8) months of the iestrictions on issuance of building permits irnposed by ordinance No. 959 adoPted March 20, 1972, and for the puipose oi taking an appropriate action at the conclusion of such ireaiing; and thai the city clerk be directed to Publish the notice of Eucf, hearing reguired by Law. The motion $ras seconded by Councilman crosby and unanimously carried. 3. PARXI NG RESTRICTIONS PROPOSED-CADILLAC WAY A comraunication from the Parking commission under date of June 29, 1972, reconnended one-hour Parking on the north side of Cadillac Way, 150 feet from the existing green line to Carolan Avenue and, on the south side of Cadillac hlay. Parking prohibited from carolan Avenue to Rollins Road. In an addendum to the communi- cation, the city uanager concured in the recommendation. The matter was referred to the City Attorney to prepare aPproPriate legislation for considerati.on at the meeting on JuIy 17, L972. RESOLUTIONS 1. RESOLUTION NO. 46-72 "Authorizing Agreement For Architectural Services cuernavaca Par k shelter" was introduced by Council- man Anstrup, who moved its adoPtion' seconded by Council- man }rtartin and unanimously carried on ro11 cal1. 2. RESOLUTION NO. 47-72 Authorizing agreement for joint outfall system. The City Attorney rePorted the contract was PrePared in accordance nith his understanding of the Council's directive at the last regular meeting. He referred to page 3, paragraph (c) under GENERAL sCoPE, the last sentence reading "Parts crDrand E sha1l ;ae-f pertormed by ENGINEER until receipt of express authorization from CITY to proceed." The City Attorney stated he has been informed by the city Engineer that Part c is part of the designi therefore, the sentence should be modified to read "Parts D and E shall not be performed by ENGINEER until receipt of express authori- zation from CITY to proceed." Councilman Martin noted that the contract will not be executed by the city of Millbrae until its meetinq of July L8, 1972, one day later than the city of Burlingamers next Council meeting. Mr. John Jenks, project engineer, explained that the agreement \"ras revi.ewed in depth rrith City of Miltbrae staff and he was reasonably certain the city Council will find it accePtable. Corrmenting on the time factor. Councilman Martin agreed that the contract should be expedited but, as a matter of courtesy to I.lillbrae city council, aurlingamers approval should be contingent upon a like action by Millbrae. The city Attorney advised that the resolution before council can 284 be adopted as written, subject to amendment on its face at alater date to include the contingency provision suggested by Councilman l4artin. RESOLUTION NO. 47-72 "Authorizing Execution Of Agreement For Engineering Services -Burlingame-Mi Ilbrae central Bay outfall System," amended on its face to provide that "This resolution shall become operative upon approval and execution of said agree- ment by and on behalf of the city council of the City of Millbrae" was introduced by Councilman Crosby, who moved its adoption, seconded by councilman Martin and unanimously carried on rolL call . RESOLUTION NO. 48-72 "Authorizi ng Execution Of Agreement For Ingress And Egress W 1 th Reynold C. Johnson Company" was intro- duced for passage on motion of Councilman Martin, seconded by Councilman Crosby and unanimously approved on roll call . Prior to adoption, Councilman uartin stated he was totally unfamiliar with the subject matter and asked that in the future staff furnish background material on all matters requiring an action by the Council. RESOLUTION NO. 49-72 "Authorizing Execution Of Agreement For s torm Drain And Ingress And Egress Easement With Andrew Morro!, Enterprises" was introduced by Councilman Cusick, $rho moved its adoption, seconded by Councilman Crosby and declared carried on the following roll call: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Mangini NoES: CoUNCfLMEN: Martin (no detail furnished) ABSENT COUNCILIIEN: None UNFINISHED BUSINESS APPEAL HEARING SCHEDULED - VARIANCE TO REMODEL S?ANDARD OIt SERVICE STATION, 1501 EL CAMINO REAL I At Councilman Amstrup's request, Council suspended the variance granted by the Planning Commission under date of June 26, L972, to allow remodeling of the standard Oil Company service station at 150I EI Camino Real , and scheduled the matter for public hearing at the regular meeting on JuJ.y L7, 1972. COMMERCIAL,/RBSIDENTIAL USE EXISTING AT SOUTHERN PACIFIC COMPANY BURLINGA}IIE AVENUE DEPOT councilman Amstrup's report of uncollected bags of garbage at the rear of the stationmaster's cottage on the dePot ProPerty led to 2 a period of discussion concerning the Pernit granted the Planning Commission allowing residential use of t Councilman Amstrup displayed a series of photograPhs premises, explaining he asked that they be taken to g graphic evidence of the litter but it was removed bef photographer arrived. rec he of ain ore ently bybuilding. the photo- the Councilman Amstrup stated that the apPearance of the ProPerty and the incident of the garbage is especially distressing because of the project underway on Burlingame Avenue to improve the dovrntot n area. Councilman Martin suggested that the City Manager notify the person to rdhom the use permit was granted that failure to comply with Planning Conmtssion stipulations for maintaining the Property can result in cancellation of the permit. The City Manager cotnnented that the Planning Commission could have been more explicit in its requirements but the parties will be informed of their responsibility to comply with conditions that were imposed. 285 Following a recess at 8:45 P.m., the Chair reconvened the meeting at 8155 p.m. NEW BUSINESS I. STATE EWIRONMENT AL PROTECTION BOARD.-ASSEMBLY BILL 2376 2.LIBRARY BOARD APPOINTMENTS Councilman Martln read from a communication dated June 2?, 1972, marked URGENT from Association of Bay Area Governrnents concerning legislaEi&-Eurrently in the Assembly Cotnmittee on ways and Means proposing to establish an independent State Environmental Protec- iioi, aoaid, charged with review and conment on environmental impact statements and iontinuing study of and annual rePort to the covernor and Legislature on " improving the quality of federal, state and local land use decisions." The conmunication reported further that the current Regional water Quality Control Boarda (nine members aPpointed by the Governor) "r. pr6pos"d to be renamed Regional Environmental Protection Boards ana tnat the intent vrould appear to be that "Environmental decisions will be made by the state with little or no input from local government. " Following conments from Councilman Martinr the City Manager was directed by the chair to notify Assembllmen Leo Ryan and Dixon Arne[t and Senator Arlen Gregorio that the City of Burlingame strongly objects to the legislation in its Present form. The Chair announced reappointment of Janes G.B. DeMartini and Lloyd Lynes to the Library Board for three-year terms. 3. APPEAL HEARING SCHEDU LED - ALTERAT ION OF DRIVE-IN THEATERS In a cotnmunication dated June 29, t972, Cyrus J. McMillan, attorney for Anza Pacific corporatlon, appeal.ed the action of the Plannj.ng conmission on June 2:6, L972, aeniing the aPplication for a special permit to add trro screens and to alter Burlingame and Peninsula Drive-In Theaters at 350 Beach Road. The conmunication reported that the plans have been modified since the time of the elanning comlission meeting and requested that the application be returned to the conunission for recons ideration ' The Council heard a rePort from the City Planner that at the conunission hearing theie was discussion in connection lrith reducing the size of the two existing screens but to date staff has not received any plans to show that physical changes are proposed' The city Attorney recommended that the matter not be returned to tne Cornirission oir the basis of statements that modifications have been made--the city has not received such modifications--but that the appeal proceduie be follovred; if there are changes in,the plans when iire maiter is before Council, the decision can be made then rdhether to return to the Conunission or not. A public hearing was scheduled for the meeting of JuIy L7, 1972' ACKNOWLEDGMENTS Councilman Martin suggested that the Planning Commissionrs motions should be precise, reciting in detail all of the conditions, ln order to eliminate any area of doubt as to the Commissionrs intent. RECONVENE I. Communication dated June 15, 19?2, from Ecology CIub, Burlingane High School, requesting that the matter of a County Solid waste Oilposal frogram be presented to the San Mateo County Board of SuPer- visors through the county Council of Mayors. 286 2. Corununication dated June 26, 1972 from Environmental QualityCoordinating councLl, san Mateo county, requesting City of Bur- J.ingame to join EOCC as a formal voting member and budget $100.00 membership fee. 3. Communication from Chamberrequest for increase in budget 1972-73 was referred to Council Conmerce dated June 25, L972,location for the fiscal year udget Co! nittee . from u.D. Park t Recrea- , Planning Com- ofal B 4. Conmunications endorsing additional tennis facilitiesMrs. Eberhard woerz, 2829 Tiburon Wayr Marvin I. Shapiro, 1816 Montecito Way, Robert Watt, 1862 Hunt Drive. 5. Minutes: Beautification Commission, June I,tion Commission, June 13, Library Board, June 20mission, June 25, 1972. ALTERNATE DELEGATE TO BASSA TOURIST AND CONVENTION BUREAU Councilman llmstrup reported that the Bureau is in the process offinalizing details of the lease for its permanent quarters onthe bay front. ART IN PARK PROGP,AM Councilman Crosby referred to an item in the Park and Recreation Conunission minutes of June L3, L972, indicating that major lawnareas at Washington Park will require reseeding and reconditioningas a result of the recent art sho$, and that the areas wilL notbe available to the Recreation Department for its sunmer programs. The City Manager reported that apparently there are some problemsof maintenance in the park as the result of heavy pedestriantraffic attracted to the art activlties, and there has been somediscussion about relocating the progr.rm to an area near the highschool. if it is going to cause too rnuch difficulty in the park. He stated that he $1111 investigate and report to the Council asto the extent the proposed reseeding and reconditioning will haveon sutnmer recreation prograuns. ,.BURLINGN,IE DAYS'I COMMITTEE Councilman Anstrup requested Councilrs reaction to the idea ofappointing a conunittee charged rrith the responsibility of preparingfor the BurliLgqmg Days celebration, if it is to continue as anannual event, simllEi Eo a plan adopted in Red$rood City where agroup rrorks throughout the year organizing the Independence Daycelebration. A suggestion that Mayor Mangini, Council llaison to the Charnber of Cotnmerce, and Councilman funstrup confer with the Chamberts Boardof Directors met with Council's approval. Mr. James E. Delehanty, President, Chamber of Cornmerce, statedthe proposal wiLl be presented to the Board at its next meeting. ADJOURN},IENT The meeting adjourned at 9:30 p.m., to an Executive Session for wage negotiations discussi.ons. Res ctfully subm itted PROVED: v ctor A.g n !!ayor er er t e,y Clerk Councilman Amstrup announced he has been selected to serve asthe Countyrs alternate delegate to Bay Area Sewage Services Agency (BASSA).