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HomeMy WebLinkAboutMin - CC - 1969.01.06481 Brrlingame, California ilanuary 6, 1969 CALL 10 ORDER A regular meeting of the Burlingue city council was held on the above given date. t{eeting called to order at 8:I0 p.m., - ltayor Johnson in the Chair. PIEDGE OE ALI.EGIANCE At word frcrn the Chair, all in the council Chanbers arose and gave the Pledge of Allegiance to the F1a9. ROLIJ CAI'L Present - Councilmen:Absent - CounciLrnen: Itlr. Bauer, identified himself as spokesrnan naming themselves the 'United Students forphilosophy of the College of San llateo andits "College Readiness Progf rann' created toto minority groups. CroEby-Di ed e ri chsen-George-ifohnson-llartin None UINUTES Ihe ltlinutes of the regular neeting of December 16, 1968, sutmittedto Council previously, were approved and adopted. PRE SE NTATTON RE: COLLEGE SAN MATEO "COLI.EGE RBADINESS PROGRAM" I{r. Bob Bluer, having submitted a request to aPPear before Councilto speak on the "Col1ege Readiness Program" at the college of San llateo and on s@e of the prolrlems on campus, was recognized rythe Chair. for a college group, order'and spoke on the more particularly on render special assistance I{r. Bauer cq[trented on soEe of the changes in the "readiness progran" that have resulted in the minority grorps assuning an attitude of disappointrnent and frustration and alleging a lack of cffinunication betlveen college officials and the students. I{ayor ilohnson thar*ed Ur. Bauer for his presentation and announcedthat there would be no audience participation. POLICE INTRODUCTIONS Chief of Police Lollin introduced to council, Police Officer Robert Bolzle, ne'r, apfrointee to the Police Departrent and sergeant lhoras Chase, recently appointed Director of Traffic. BEIJL ELECTRTCAI SIGNS II{C. RE : APPEAL DECISION SIGN HEIGIIT VARIN{CE layor irohnson announced that this was the tine and place scheduled to conduet a public hearing on an appeal received fram the BeIlElectrical Signs, Inc., dated llovember 27, L96A, to overrule thedecieion of the Planning Cmrisaion in denying a variance to installa sign to a gross height of thirty feet at 310 Iang Road. tlhe hearing was declared open and the Chair recogmized tlr. D6rey 8e11, who was present to represent Lindal Boes, fnc., cr4rners of property upon which the thirty foot sign is proposed to be located. TIEARI}IG 48.P Irtr. BeII referred to a profile taken of the area and presented tothe Planning Cmnission to support tfie request that a thirty footsign rather than the existing t\renty foot sign is necessary to cqnpenEate differences in elevation between the grade of the Bayshore f'ree\ray and the Eite of the nodel &re11in9s. Councilraan Diederichsen stated that fre his observation of thesubject property, the three dtrellings on the site arequile con- spicuous frqn the ffighway. ItIr. BeI1 replied that the sign would serve to identify the nameof "L'indal H@es. ' In reply to Councilman George's inquiry concerning a "hardship"to the business operation if the variance were not approved, l{r.Bell stated that he was not in a position to confirm or to denythat possibility, but that it was his recqrmendation to the developersthat a simple identi.fyi.ng sign of thirty feet would provide a moredesirable visibility. T'here were no corrnents frqo those present either in favor or in opposition to the application for the sign variance. At the requeat of Counci lnan lrlartin, It{r. Be1I prepared a blackboardsketch, roughly illustrating the Orerpass, the edge of the roadway, the existing signs in relation to the sign proposed. A brief discussion follotred n the incdlpatibility of the color schernes of the structureg with the existing sign that may tend to serve the Lindal Cedar IIqtreE developnent to a di sadvantage. Councilman litartin expressed the opinion that reasons set forth forthe thirty foot pole sign did not warrant the grating of a variance. tlayor irohnson cqmrented briefly on her personal observation that the developent is not handicapped by poor visibility and thereafter declared the hearing concluded. counci Lman Uartin moved that the action of the Planning Cquaission be sustained and that the variance for a sign to exceed the legal maximrm height be denied. the motion was seconded l4r Councitnan George and unanimously carried. COMMT'NICATIONS 1. PtsTITION APPEAI,ITre VETSRINARY !{EDICAL CI,INIC A petition dated Decedber 24, 1968, bearing the signatureE of trrelve residents living in tle area of Clrtrrres s Avenue, Baysrater Avenue and El clmino Real, appealing the decision of the Planning Caunission in approving a variance to pemit cerald K. Sandbulte, D.Y.u. to establish a small animal veterinary rnedical clinic at 1317 Bays!,rater Avenue, was acknorledged. The next regular meeting of council on iranuary 20, 1969, was scheduled to conduct a publie hearing on the subject appeal. 2. APPIJICATION FOR AII{USEUENT T,ICENSE . KAT PAICH TI A memo from tl1e city titanager, dated iranuary 2, L969, referred to reports received fron various city departments in processing an application frm the ne\^t o^tner of Kat Patch II for an amrsement license. Reports were thereafter read fron the Pire Department and the Eealth Department, each verifying that recent inspections have found the premises to be in satisfactory condition, fron the Police DePartnent, advising that ur. Chris Ylassis, ttre n6.r onrer, a long time resident of the city 6f Burlingame with excellent eharaeter references, has indicated his full eooperation in abiding by all the regulations 4EB stipulated to qperate the establishment. In reply to councilDan Diederichsen, lilr. Vlaseis stated that he has nanaged a sinilar club in San Francisco and that he will bein attendance the najor portion of the opening hours of the estaDlish- ment, rrith a gualified associate present to aasist hin and to check out I. D. cards. CounciLnan crosby guestioned his attitude concerning the conditions imposed on the previous crrner, rdith ur. Vlasaie stating his willingnessto operate under the same conditions. Mr. Vlassis Etated that a change in the Ene of the club ie also being contemplated in the near future. In reply to Councilnan Martin, It{r. Vlaesis stated that he has been operating the club for a period of three months and that he had received no advance notice frcm the previous otrner of tJre necessityto appear before Council to apply for a new amusement licenee. lrtre Chief of Police, replying to Counci lman l,lartin, stated that no recent cdtrplaints have been received by his departnent concerning the operation of Kat Pateh rI and his statement was confirmed trlzthe City Uanager. A motion was thereafter introduced by Councilman crosby, that ttre amusement permit be approved, subJ ect to the folloving conditions: I. No dancing be allored between t}re houra of 2:00 a.m. and 6:00 p.n., 2. No daneing be alldred betlreen emplqaees of the liceneee and the custmersi 3. No person sha1l be permitted to engage in any dance while in an into.icated condition; 4. f,o peraon shall be permitted to engage in iraoral or obscene dancing; 5. No trinor under the age of sixteen years shall be permitted toenter the premises or dance therein,unleas said rninor is accapanied bt, and under the care of his parent, parents, or guardian; 6. ltre licensee or a gualified enplo,lree authorized by ttre licenseeshall be in attendance at all tines r and 7. ttre permit shalL run for a period of six months. Ithe motion was seeonded fu Councilman George and unanirnously earried. Councilman liartin reiterated his previotrs request that the Chief ofPolice notify Council of all coplaints reqistered against the establishment and investigated by the Police Department. Council concurred. 3. REQT'EST RESOII'TION TO ETTGAGE TN COI'NIY.!{IDE PIANMIIG A coununicatidr rras read frdn the City ltlanager, dated alanua ry 2, L969,advising that the Chairman of the Regional Planning Can[ni ttee has requested Council to pass a resolution authorizing the County of San llrteo through RPC to engage in county-wide planning to be eligiblefor Federal planning grants. A cmnunieation was read frqn ltlr. Donald t-{. Cahen, Chairman, SanItateo County Regional Planning Cmrittee, dated December 18, 1968,reporting on the extent of work thus far accomplished in preparing a conprehensive reviEion of the county-wide General Plani that fund s for county-wide planning are allocated by the Federal govern- ment on a per-eapita basis and stating the necessity therefore,for each city to pass a resolution authorizing the County through theRegional Planning Cmittee to engage in county-wide planning forthe area within its incorporated limits. 118,4 A memo frqn the City Planner, dated Deceniber 26, L96A, advisedthat the matter of the requested resolution approving an appliationfor a "7o1" federal planning grant !\ras presented to the Planning Cormission with the maj ority of the opinion that they were notsufficiently informed to take an official actioni thit several alternatives \.rere suggested: (1) both mernber delegates to be Reqi onal Planning Ccnmission, Planning Counissioners Everett Kindig and Frank Cistulli, lrho favored pasaage of the resolution t^rere authorized to present ttreir point of view to Council or (2) the subj ect matter would be discussed further at the Planning Cqmlission meeting of January 13 and its action thereafter cqrulunicated to Council. The city Planner ccnunented favorably on the additional studies on county planning that are proposed to augment the county generalplan, Etating that the studies are not cotrpetitive \rith Citygeneralplans, being broader in concept and will not involve city fund s. llhecity Planner, in reply to the Chair, gave a brief oral resume and advised that a recent telephone c!11 frqn the County of San I{ateo indicated that a reply from t}re City would be appreciateat bltearly February. tlhe Chair referred to Planning Corudssioner Everett Kindig, in attendance, who advised that the Cmli.ssion has reserved a period of revierr and action on the RPC county-vride General Plan on atanuary 13, 1969, prior to its study meeting. Council thereafter concurred to hrithhold an action pending receiptof a recomrendation fron the Planning Cqunission. 4. REOT'EST FOR CATII EBAN@ISE A memo from the city uanager, dated afanuary 2, L969, referred to an application received frqn ttre li[ & Itt cable cqnpany seeking a CAT1I franchise. ltre application was ackncr'rledged and referred to the Councilrs cqnmittee investigating CATV franchising licenses. 5. SERVICITiG OF 1915 BOI{IDS A memo frqn the city lrtanager, dated afanuary 2, L969, advised thatto include the remainder of the cityrs 1915 Bond s under the servicing contract with the Bank of Anerica will cost $491.68, plus expensesfor postage, registration and checks issued. counci lman ceorge spoke favorably on the City's acceptance of the additional servicing of the 1915 bonds, recmnending that a contract be prepared for execution \'ti th ttre Bank of America. !lr. Xenneth I. iFones, Attorney, associated with the law fim ofIfilson, irones, Morton & L,ynch, addressed Council to adviae that recent legislature authorized a county to add servicing costs to the small service charges on bonds collected for the cities \rthat agency through aasessment ro11 procedure. ItIr. Jones was lequested by Council to keep the City lilanager advised . Councilman ceorge introduced a motion that the city enter into an agreement authorizing the Bank of AlIrerica to include the collectionof the remainder of the Cityr s 1915 Bond s in its servicing contract, seconded try Councilman Crosby and unanimously adopted. WATEVTATER TREAIT{ENT I{ORXS EXTRA !{ORK ORDER A cdflnunication from the city Engineer, dated December 3O, 1968, referred to a c@nunication reeeived frqn John H. Jenks, consulting Engineer, recormending that the city issue a change order to authorize th6 purcirase of a "reiersing startei" perfected by the Dorr-Oliver Co. 6. It was the reccrmendation of the City Engineer, coneurred in \z the City lttanager, in a footnoted mao, that Council apProve the extra work order, arnounting Lo $707.25. fhe City Bngineer, replying to inquiries frcrn Councilman Diederichsen, advised that the Treat ent Plant proJect is approximately sixty percent cornplete, t ith final cclPletion anticipated in l{ay of this year. councilman Martin questioned the phraseologry of !!r. ilenks I statenrent,that "it appeara that Dorr-oliver Co., manufacturers of the mechanism, have come out \rith an improved drive unit which involved a reversing function s and requested the city Engineer to obtain nore informationto determine whether the City is obligated to assume the added expenditure. RECESS A recess rras declared by the Chair at 1O:O0 p.n. CAIJ, TO ORDER flre meeting was again convened at 1O:15 p.m. COI'IIIII'NICATIONS (continued ) 7. BAYSIDE IV CONTRACT The City Attorney, in cmnenting on the breach in a condition of thesubdivision agreetnent and the il1e9a1 occupancy of the tenant, recqnmended that an action on the subject resolution be suspended. 486 A memo frm the city ltanager, dated Decenber 31, 1958, referred tolegislation presented to council at its last meeting requesting the execution of a contract in behalf of Bayside District No. 4, to change and to nodify an agreement to include the construetion of gas main facilities within the assessment district. lihe City lilanager recomrended that upon f inal inspeetion and approval b]r menbers of tJre city's staff, the resolution be formally executed. ttre Chair thereafter referred to the city Attorney \rho confirmedthat the contract is in order and in turn, referred to a meno sentto Council under separate eover, under tJ1e date of ifanuary 2, L969,notifying council that one of the crrllers of a building under construction within the Subdivision of Anza Airport Park No. 5 has partially occupied his building with several office personnel, contrary to the subdivider's agreement with the city. Further reference \ras made by the city Attorney to an acconpanying cqrnunication addressed to the city Manager ty the City Engineer, dated December 31, 1968, reporting on ttre occupanqf of llr. wiUianJ. Rrrdy and verifiring that Arthur Brothers, the contractor, isstill doing construction work on t}re building. Ttre city Engineer quoted Paragraph 8, page 3 of the subJ ect agreemententitled "Certificates of occupancy " which states in part that 'neither subdivider nor its tenantE, agents or ernployees shall occup!, any buildings ... nor ttre city or the city Building Official beobligated to issue certificates of occupancry ... until the improvementsto be congtructed and installed ... have been codpleted and accepted \r the City Council. ' Ttre City Engineer advised that improvements within the subdivision have not been ccnpleted and that to date there exists no satisfactory method of handling the sanitary ssage frm any irnprovenrent in the subdivi sions i ttrat the subdivider has indicated, ho\rever, that one pump will be installed and a temporary conneetion will be nade atthe treatnent plant by the end of the hteek. 4E6 tly. C)zrus iI. litcttti llan, Attorney for the Anza Pacific corporation,the developers, stated that the 'premature' occupancy should not be considered as a wilful breach of the contract agreenent andcmented upon tJre pressure of time experienced \z the hrrdy Cq[pany to relocate its business operation in San Prancisco tothe net, site. Mr . Ittel,ti Ilan assured Counci I that the developers fully intend tocmplete the irnprovenrents. Mr. David Keyston, developer, confi rned that the incident had gone beyond the control of his company and that the nerr cnrner had been informed that a certificate of occupancy could not be obtaineduntil all the inprovements were installed and approved by the City. Sme discussion arose thereafter on what legral recourse, if any,the City may pursue. lrr. Kenneth ilones, Attorney, referred to the Bayside District No. IYcontract currently before Council, an agreement affecting the Improvement District, the Pacific Gas & Electric Ccmpany and theCity of Burlingame, stating that it is not directly related to ttrecontract in violation. A cmunication was acknorledged from the San lr{ateo County Uosquito Abatement Dietrict, dated Deceldber 16, 1968, advising that the termof office of lr{r. wiUian Roese as representative frm the Cityof Burlingame t ill expire in January. Councilman Crosby moved that Mr. William Roese be reappointed asthe City of Burlingame's representative to the ltosquito AbatelEent.District, effective ilanuary L, L969, seconded by councilman Diederichsen and unanimously carried. the city ilanager waa requested to notify the clerk of the Board. RESOLUTIONS RESOLUTTON NO. 2-59 pertaining to a 'Irlemorandum of Understanding For Settlenrent of WeCt Corst Pipe Cases Betxreen A11 Plaintiffe and American Pipe and construction cqnpany and the liestern Associated In reply to CounciLnan }lartin, Mr. treyEton advised that he was hopefulthat the irnprovements would be conpleted tnz the 20th of this month and Chat he would report to CouncLl on that date. Counci lman Martin, expressing a reluctance to taking an action .gainstthe Purdy Cqnpany or the contractor, atated that additional buildings candot be constructed \rithout a directive fran Council and Utatthe City there\z rnaintains full control. lollovring further discussion on ttre issue of the contract violation, -Council consented to withhold an action pend ing a report frmHr. David Keyston at the next meeting of Counci I. lil!. aroneE, in reply to an inquiry fron counci Iman ltartin, advisedthat gas main extension faeilities were not included in the originalproceedings of the Bayside Improvenent District No. 4, that becauseof the close relationship with the electrieal facility, the agreement had been anended to add the qas facility. RE SOLUIfON ryq. I.-69 'A Resolution Ordering Changes and Modifications, @n of Agreement lor rn;tallaLion, Maintenance, Operation and Conveyance of Electrical and Gas lacilities and Authorizing Acquisition of Certain Pacilities and Rights of Serviee -Bayside Improvement DiEtrict No. 4" was introduced by Councilnan CroEby, who moved its passage, seconded \r Councilman Diederichsen and unanimously adopted upon RoII Call. 8. APPOfNTT'IENT wI LLIAII ROBSE 48? Pipe Plaintiffs Orqanization Cq pact' \ras introduced for passage on motion of Councilman llartin, seconded by counciLrEn crosby and unanimously adopted upon Ro1l call. RESOIJUTIoN NO. 3-69 "A Resolution Approving Anended Assessment Eastffi Park unit No. 2, Parcels 20 and 21" was introduced for passage on motion of Councilman Diederichsen, seconded by councilman crosby and unaninansly adopted upon RolI ca1l. ORDINANCES - Consideration thereof: ORDINANCE NO- 893 "An Ordinance Amendi ng the Mrnicipal Code of thecity of Burlingarne By Add ing Sub-Paragraph 40 to Section 13.2O.0I0 and Providing for an Intersection Stop at tlre Intersection of Beach Road and Airport Boulevard " was given its second reading and upon motion of Councifunan crosblr, seconded by Councilman Diederichsen, said Ordinnce passed its aecond reading and was adopted hV thefolloring Roll Cal1 vote: Ayes: Councilmen: Crosby-Diederichsen-George-ilohnaon- artinNoes: Councilmen: None Absent Counci lmen: None ORDfNAICES - htroduction thereof : oPoTNANCE !tO. 894 'Regulating the Parking of Vehicles on Peninsula Avenue " was introduced by Counc ilman ltartin and given its first reading. ACXTiPWI.EMEUENTS COMMI'IIICATIONS It{ayor Johngon acknorledged receipt of the follcr^ring cdurunications: 1. lrqtr vinodkurar Ehagodia, aoribay, India, dated December 9, 1968, requesting authorization to er.hibit his Indian Art Works in theCity of Burlingane. The City llanager was requested to refer the matter to local art societies; 2. lrm Ed Arnold, 213 Anita Road, dated Decenber 17, 1968, expressing appreciation to council for its vote of cmendationto the President of the College of San uateot 3. Frq! Radio Station XSAY, extending an invitation to the Uayorto participate in a 'Uayc Speaks" radio programt 4. Prcm the City Planner, dated December 19, 1958, concerning a IaFCO meeting he recently attended. At the request of tlayor irohnson,the City Planner verbally reported on the discussion that occurred on the Proposal b!, the County Manager to create a "general PurPoseservice district' coverning nany of the unincorporated areas in thegouthernsection of the county; and 5. Frcm Ben L. Hechitrger, President, Burlingame Sister city cmittee,enroute to Cuernavaea, lrlexico to deliver an arnbulance in behalf ofthe City. I'iEIrOS the Chair further acknorledged receipt of the following: 1. A memo frm the City l{anager, dated January 5, 1969, advisingthat cerald c. llcDonnell, a BurliDganre police cadet has been advancedto the regular police staff as a patrolman; 2. A memo from the City Uanager, dated January 6. 1969, confirmingthe annual Cotrncil-Cmnission dinner meeting, Itrursday, ,anu.ry 23, 1969 at BobE on Broadrray and the Annual Council-Auxiliaries dinnerrneeting, Friday, Pebruary 7, L969 at Kirns Reatauranti 438 a. [inutes frcm the Planning Cqunigsion and reports frm the Library and Recreation DePartmente; and 4. Staff reports received for councll study froa the weEt Bay Rapid Transit Authority. SPEED LIUIT ON SI$LITiIE Counci lman Uartin expressed concern with the fifty nile per hour speed Linit on Skyline and reguested the city Engineerto aacertain when the state Division of Eighqrays will relinquish a portion of Skyline Boulevard to the Jurisdiction of the Cityof Burlingame. ADJOI'RNMENT there being no furtheregularly adj ourned a APPRO\TED ransaction of business, the neeting waal:50 p.m. ResPectfully sutmitted, K.City Clerk rtt1 CHARIOrIE iTOHNSON MAYOR 57 Burlingame, California r.ray 19, 1969 PLEDGE OF ALLEGIANCE At tord from the Chair, all in the Council Chamber arose and gave the Pledge of Allegiance to the F1a9. Present - Councilmen: Absent - Councilmen: Arnstrup-Crosby-George-Johnson-liartin . None. MINU.TES lIhe tttinutes of the regular meet ing of ltay 5, 1969, submitted to Council previously, rrere approved and adopted. EEARING APPE,AI. FROX VUD CORPORA?ION TO @NSTRUCI BUII,DIISG TO OPERATA qAR RENTAL FACILIry !{ayor tiartin announced that a public hearing had been sc}reduled before Council on this date on an appeal from the \rIt{D Corporation, l29O Bayshore Eighrray, to a decision reodered by the Planning Comission denying a apecial pe:mit to clnstruct a building to operate a "Dollar A Day Rent A Car" facility. The City Planner, at Ure requeat of the Chair, comnented on the exteneive revierr given to the ieeue by the Planning Comisaion, Btating ttrat there are a nunber of similar operations in this particular industrial area. several of uh ictr have been roaintained in an unsightly condition and housing Dorre cara than originally specified. Continuing, the City Planner advised that the general design for park- ing is satisfactory; houever, the building iteelf is "box-Iike" in appearance. a factor of concern to the Comigsioners. Plot plans were displayed b1z the City Planner, indicating the locationof the structure in relation to the Bayahore Highray, tbe circulardrivway, the areas to be fenced, the location of the submerged gas tank and car uashing facility and the storage areas for the cars. Irtayor Ittarti n set forth ground nrles and announced the public hearing open with the privilege of the Floor first extended to the applicanta and to those in favor. l,tr. Ouent i"n Cook, representing the applicants, confirmed that the use is well establiEhed in the area atrd the naintenance of geveral is questionable, that an attempt has been nade by the applicanta to revise the box-like appeariince of the originally proposed buildingwith a nore attractively designed structure. An artist'a rendition of the revised plan was posted, illustrating abuilding constructed of glass and bri,d< rprk. Itr. Cook statod that the serviee facilities will be located at the rear of the building, not visible from the Bayshore Lighuay; parking spaces for thirty-nine cars rill be located at the front of the buildingrith the renainder located at the rear. CALI, IlO ORDER A regular neeting of the Burlingane City Council was held on the above givan date. ittre neeting yaa called to order at 8:10 p.n., -llayor llartin in the Chair. NOLL CALL g8 llr. Cook introduced t{r. William Hotmann, Vice-President, \r}lD Corporation, uho stated that the proposed operation is typical of a car rental agency, one hundred thirty-five parking Epacea have been provided, estinating that an average of only fifty cars sould be parked on the preniees at one tine; a car wash and gas facility sill be the only additional appurtenancea on the property, with the maintenance of cara provided at one of the company's other ag€ncies and that the car wash will be fully enclosed. Irlr. Hotnann assured Council that hie company is desirous of over- coming aII objectionable featurea that have been undegirable ingimilar operations, by installing reduood fencing and congiderable landscaping. In reply to Council ingui.riea, ltr. Eotmann adviaed that trade will be drarn pri-urarily fron the Airport, with station sagons transportingclients therefron; that between six hundred and seven hundred new cara vill be purdrased from local dealers within a period of eighteen nonths; gaaoline and related products siII be purdraaed locally; the Burlingame agency will be the headquarters of the company, employing twenty- five persons on a txenty-four hour basis, and that ttre first order calls for the purchase of three hundred and eighteen cars. Ouestioned h'}7 Council wit]r respect to his comments on the unsightli- ness of sirnilar operationa in the area, the City Planner advieedthat flat tires and an accunulation of wreclced cara have been left abandoned and that the situation nay warrant policiag. Ur. gotmann advised that his company will purchase a variety of car models for rental, stored on the premises in units of five, separated by landscaping; the front area will be visible from the Bayahore Highway; however, the number of cars occupying spaee in thie area will not exceed thirty-nine. !tr. Eotmann, in reply to Councilnan .fohnaon, stated that hiE company has been granted a txenty-year lease, with a ten year option, including an "option to purchase " clause. To Councilman Amatruprs inquiries. ttr. Itotnann referred to the plot plans to explain the positioning of the fences and the lardscaped areas, advising that there will be no increase in parking spaces from the one-hundred thirty-five proposed and that the three hundred eighteen cars first purchaaed will probably be located on the company'a property in Oakland. lttrere being no further corutrent8 fron Council, [ayor l.lartin invited those in favor to speak. ur. Robe rt Young, speaking in behalf of the ouners of the property, commented upon his role in the preparation of the lease and to an investigation nade into the record of the applicant. ur. Young advised that the provisions of the lease will be atrictly enforced and requested Council not to consider other operations in the area in the applicanta' disfavor. Irtr. Amerigo B. Nuccitelli, 1514 sebastian Drive, owner of the property, urged a favorable decision \l Council. I.tayor Iitartin eumarized the issues upon whi,ch the operator hag con- sented to c.onduct a car rental agenclz and a motion wa8 thereupon introduced by counciln:rn ceorge that the decision of the Pl anning Cormission be overruled and that a special use pemit be granted to oper ate a car rental facility, subject to the follorring: that 5e (1) parking spaces be provided to accommodate a maxi.mum of one hundred thirty-five cara; (2) the service include a car wash, fully enclosed, and gas punps facilities only r (3) the installation of a redsood Ehadow box fence be placed inside the property line on the north side to provide external laadecaping; (4) a redwood shadow box fence be installed and Batured trees be planted at the rear of the property, and (5) the construction of the building conform generally sith the revieed plan subEitted. rhe notion was seconded by councilman emstrup and unaninously adopted upon Boll CaIl . GAVEL PRESENTATION ltayor [artin preaented a gavel rrcunted on an appropriate plaque, to imediate past [ayor, Councilnan Johnson, bearing additional inacriptions from tlre original to ad(not ledge her three terms as " Chairman of the Board and uayor of the City of Burlingane. " Councilman ilohnson responded vith a ferr vords of appreciation. cotluulrlcATlons I. BERXARD E. CAI,I(INS AUETION PERI{IT APPROVED Council ad(norl€dged an application to conduct an auct ion by Parke- Berret Galleries and Bernard E. Calkins, at the latter's Antique Car shoyroom, 380 Laug Road, on iluae 23, 1969, at 1O:0O a.n. llhe applicatioa, eigned by !tr. calkirs, under date of ltay 12, 1959, refered to the enclosure of a $5O.00 filing fee requ ired blr the City's ordinance code and to the roater of "Antique, vintage and clas8ic cars, plua AutoEobil iana " to be auctioned. A report from the Chief of Police, dated ltay 15, 1969, confirned that the Parke-Bernet calleriea of Nfl York is one of the outstanding auctioneers in the world and reconuended that the pemit b€ granted. Ilre City Attorney, in a verbal report, advised that an application for a variance to conduct the aforenentioned auction is pending before the Planning comisaion and if approved, the applicant will be required to pay the customary license fee. 1I}re Chair recogmized tir. Calkins, rho comented briefly on the high quality of the cara being auctioned, e:(plaining that "autoEobiliana"refers to vintage clothing, brass lamps, and similar tlpe automobile aecessories. Folloring a brief di.scusaioa, CouncilDan Crosby moved that the appli- cation to conduct arr auction aa outlined, be approved, seconded by Councilman Johnson and unaniaoualy carried. 3. BAYSIDE IXPROVEMENT DIST. *4 ACQUISITION OF IIiPROVE}TENTS A cmunication fron ltlr. Kenneth I. Jonea, Attorney, representing the legal firm of wilson, ilonea, liorton & Llmdl, dated l,tay 12, L969, stated the desire of the Anza Pacific Corporation to proceed with tbe construction of additional inprovements in an area lying betueen the Bayside Di8trict f,o. 4 Units 4 and 5, andl to formalize the financing of the conatruction of eaid i.nprovenents, .rn agreenent betseen the City and tlre owaerg for the acquisition of the improvements is required. ltayor lartin initiated a brief discussion on the posting of surety bonde. 80 Mr. David Keyston, President, Anza Pacific Corp., also in attendance, stated that the sub-contractors were notified that a ten percent maintenance bond will be required and if CounciL so reguests, a clause to that effect can be included sithin the agreenent and referred to in the resolution. Following a brief discussion, the agreenent and the resolution were returned to li{r. Jones, with a request that eadr document be re-drafted to iJrclude the "teD percent maintenance bond " clause. CALIFORNIA CORRECTIONAL INDUSTRIES PROPOSAL ACCEPTED A communication from the City llanager, dated lrlay L4, L969, referred Council to a report subnitted by his Office, concerning the offer of the California Correctional Industries witb respect to furniture for the new City HalI and recomrended that the proposal be accepted, subject to an exact itemization of each piece of furniture to co- ordinate rrith the selected color schene. A notion waa introduced ry Councilnaa Johnson that Council concur with the recomnendation to accept the proposal. as outlined by the City litanager, in the total amount of $22,O0O.O0. lltre nption was seconded by Councilman crosby and unanimously carried. 4. .,OIITT POI|ERS IIATER AGENCY lrhe City uanager recommended that the city participate as a meEber of the agency for the benefit to be derived in an overall study of the city' I water requirements. 1[he City Engineer further advised that the City wilL be requested by the Association to allocate funda to support ita efforts. l{ayor l{artin ackn@rledged that there will be some expenditure and requested the pleasure of council. :ftre City Attorney pointed out that the agreement has been pre8ented in draft form and if Council is favorable, a vote of approval "in pri.nciple" would be proper until a final agreement i.s prepared. The City Attorney further noted that the agreement does not iaclude a epecific provision for "notiee of withdrarral. " uayor l{artin suggested t}tat the City Attorney confer with l,tr. ilanes T. uorton, of the lau firm of trlilson, 'Jone6, llorton and Lynd!, who pre- pared the draft. A motion was introduced thereafter by Councilman George that council agree in principle with the agreement for a joint exercise of powers !!r. Jones, in attendanc€, atated that funds are not to be released until the work is crEpleted to the satisfaction of the City and referred to an agreement sieilar in substance to the ore approved by Council in Bayside Improvement District No. 3, wherein a surety bond waa not required. 3. A comunication fron the cj.ty [anager, dated Ittay 15, 1969, referred to an " Agreement for Joint Exercise of Porers for a water Agency " as suggested by the San Uateo Water Agency Study Conmittee. :[}re city Engineer reported on hiE recent appearances at meetings of the reactivated San francisco Bay Area Water Users Assoeiation, advising that technical aasiatance hae tnen employed to combat the city and County of san Prancisco's proposal. to increase sater rates. 81 agency and authorize the execution of the agreenent shen finalized. iltre notion was geconded b1z Councilnan Crosby and unanimously carried. 5. REQT'EST TLIJIAINATED SIGX IDETTITYING I,IOTEL-RESTAI'R.ANT ROW A comunication from Paul J. Constantino, Burlingane Town and Country Realty, 1352 Broadrray, dated ltay 12, 1969, proposed the erection of a suitably illusrinated directional sign off the Broadway Interdlange to identify the location of the city's "motel and restaurant row." uayor lr{artin suggeEted that the subject be referred to the Chanber of cotrmerce to collaborate with ttre motel and reEtaurant ovrnera on a " specific" proposal. CounciLman crosby questionad the installation of a sign of a type erected by tlre Eighway Department to indicate "food" and " 1od9in9 " areas along highway routea and following a brief diseussion, the City Engineer ras requested to confer sith the State Division of Highvays. !{r. Willian F. Eauser, General l.tanager, Burlingame Chanber of Colunerce, in attendance, and in response to llayor l,lartin, stated his nillingness to asaist and to include menbera of the Eaat of Bayshore Inprovement Association in the conferencea for report to Council on arune 16. 1969. 6. TELEPHONE II{STAIJATION ON BRON)WAY A memo fron the city ltanager, dated uay 15, 1969, reported on the natter of the request for side{ralk telephones on Broadway and referred to reaponaes received from the City Engineer, under date of t{ay 15, and from the Health, safety & Traffic Comission, under date of uay 8, 1969. lrhe City ll.rnager, in reply to [ayor t{artin, concerning the cost of the ilstalIation, advised that the telephone conpany would provide the inetallation service, with the City furnishj.ng the electric gervice. Queationed rhether there are any legal problems by the Chair, the city Attorney advised that it is possible to place a telephone upon City property if there is no material deterrentr however, he was not in favor of wall telephone installations, and. in his opinion, there would be no liability on the part of the City with the installation of modern telephones. Councilman crosby suggested that the City ttanager ascertain rhether Derclrants on Burl itrgane Avenue desire si-uilar installations. lfhe Clty llanager uas requested thereafter to confer with both the Burlingane Avenue and the Broadray merchanta and the telephone compatry oa the installatj.oa of modezn sid*alk telephones and to suboit a onpletc report to Council. 7. @IOTENDING COIINCIL RE: "PRESERVATION OF BAY. comunications c@ending the position of Council in f,avoring strong Bay preserrration legislation were acknowledged from I{r. Robert O. Delz€Il, 1345 De Soto Avenue, dated l,[ay 1, 1969, and from ltlrs. ilohn Pitdlor, Chairman, Burlingame Citizens Bay Preservation Comittee. dated tday 1, 1969. RESOLUTIONS Noae. ORDIIIANCES -- consideration thereof: 8P ORDIIIANCE NO. 896 "Addin g Sub-Section8 (n) and (0) to Section 13.36.010 Prohibiting narking on the Bayshore Highuay " was given its eecond reading and upon motion of Councilman aIohnson, seconded by Councilnan ceorge, said Ordinance paseed its aecond reading andras adopted try the following Roll Call votes Ayes: Councilmen: xoes: Councibnen: Absent councilnen: Anstrup-91'ssby-George-ilohnson-ltartin. None. None. pealing Sub-Paragraph 9 of Sec. 13.36.O20 of the l,lunicipal Code Prohibiting tarking On the Easterly side of Bayshore Eighway Betseen the Eours of 7:O0 A.t{., and 9:OO A.I.," uas given its second reading and upon motion of Counciln.i Johnson, aeconded blz Councilnan AmstruP, said ordinance pasaed its second reading and waa adopted by the follming RolI Call vote: Ayea : Councilnen : Austrup-Crosby-ceorgedohnBon-llartin. No€as Councilnen: None. Ibaent Councilmen: None. 1 ABANTDONIIENT UTIIIT:T EASEUENTS ( SafeYay Storea) The City Attorney adviEed tbat his Office roould confer with the engineer for the Saferyay Store project in the Bast tlillsdale area on the status of the proposed " abandonment of Utility Easenenta" for report to Council at the irure 2 Council meeting. I'he subject ras continued on tle agenda of council. 2. IITIERIX CIIANGES ARE.A OVERPASS ftre City Engineer, in reply to Councilman Croriby, advised that the Einor street i.nprovenenta on the east aide of the Broadray-Burl ingane Overpasa will be corumenced on f'uesday, Uay 20, the City having had to first obtain an encroachment pennit from the state Highsay Dj.vision. fhe City l{atrage r waa queationed by the Chair on t}re status of the state Eighway'a plan for the overpaas, who referred to a c@nunicat ion recently received by his Office from the Deputy District fhgineer, Division of Highways, stating that his departrent ig in the procesa of preparing a report to be forwarded to tlre headquarters office, subEequent to rhidr time, the City riII be notified. A copy of a comnunication frdr senator Richard iI. Dolwig, dated }lay 14. 1969, to the Eighray Diatrict Engineer, sritten in behalf of the City to expedite the overpass inprovements, was acknowledged. fhe Chair requeated the City llanager to infora council yhen notice ig received from the state Division of Highways. 3. TRAITSFER POLICE CAR EI,IERGENCY EOUIPT{EET the Chief of Police was authorized to confer with the City li{anager and to act at the discreti.oa of the latter. I,'}IFINISHED BUSINESS Councilman ceorge, Chairman, Council Budget Cotmittee, advised ttrat a favorable bid has been received from the Chief of Police on the cost to transf,er euergency equipnent fron old Police patrol cars to nfl. 63 4. OFF-STREET PARKIITG COIOTITTEE Councilman George, Chairman, council Parking cormittee, reported tlrat he has received an invitation fron the Property Orrners Off-Stleet Parking Comittee to attend a neeting on llresday, ilay 20, on the subject of tfie acquisition of the City HaU property and that a report rill be given to Council at the ilune 2 meeting. 1 PARK EI.IPITYEES @UI,IEIIDED ltayor irohnson arf,nounced receipt of a cqmunication from a Burliagame citizan conpl i.nent ing the enployees of the Park Department for a senriee well performed. 2. DRAIN TILE INSTAI,IAIION A comunication sas aclcnowledged fron Albert w. Kdrl, city Eall Architect, dated uay 16, 1959, confir ing the discussion of councit at a study meeting to proceed with a provision for additional drain tile and lowering of the drain tile cal1ed for on contract drarings, dated f,iay 3, 1969. dhe couaunication advised that the additional work wi.Il not exceed the sum of $1.200.00. CouncilDan Crosby noved that an expenditure not to exceed S1,20O.00 be approved to authoriz€ the tile work as recronmended by the arctritect. fhe rnotion ras seconded \r Councilnan Johnaon and unanimously carried. BURLINGAI{E HILLS AIINE:XATION Itayor litartin reported on a request he has received frora a repreaentative from the Burl ingame Hills Improvenent Aasociation concerning an allocation the County of San lttateo sr)uld allov torrald the annexation of the Burlingame Ei1lB area to the City of Burlingane. Itre city llanager vras requested by the Chair to cmunicate with the County of San Ittateo asking that a " concrete " offer be submitted on the funds that agenclr will contribute. lthe City llanager and the City Engineer were also requested by the Chair to bring prior records and coats up to date for report to Council at its June 4 study neeting. BURIJIIGN{E CIT:T'I{IDE MUR'AI.' At the request of the Chair, Councilnan Johnson co@ented on a recent recorded rnoderation she had been requested to nal<e on behalf of the " Burlingane City-wide lluraI" erected in the courtyard of Burlingame's Lntermediate Sctrool and dedicated to retired Superintendent of Burlingame EleDentaly Schoola, George V. Ilhite and to education in general. Councilman .Tohnson also referred to and cmented on the several outstanding displays in the City of Art by local students. SELECTION "T/IISS BURLINGAIiE" Uayor lfartin announced that ltisg Suzanne Dowrick had been selected to represeBt the City of Burl ingame aa "It{iss Burl ingaroe " in the forthc-ouing San llateo County Fair and Fieeta celebrations. NEI{ BUSINESS 8+ NEW BUSINESS Councilman Anstrup auggeated that some fora of recogmition be givento the City's Crossing Guards for their service in guidi-ng clrildrento and from achool areas. Council advised that Crossing Guard members are included in theinvitations extended to Auxili.ary Fire and Police members to attend the ilIrnual Auxiliary-Council Dinner Meetings. 2. REFERENCE TO I{ANRANTS Councilman ceorge. Council Budget Chairman, referred to warrant No. 2976, made payable to the Irtotorola Corporation, in the anount of $892.50 for a "Irlotorola two-r\ray radio and equipment, " and reque6ted the City llanager to report whether the purdrase is a budgeted item. COT,IUISSION APPOINTUENT l,layor ltartin, in behalf of Council, confinred the appointraent ofrs. cenevieve Phelan, 704 aurlingame Avenue, aa a menber of the Burl ingame Library Board. The city Clerk \ras requeated to notify !trs. Phelan of her appointnent and to inform other candidates that the position haa been filled but that their nanes vill be retained for consideration at a future date. ACIWOWLEDGII,TENT S - COMI{I,N I CATIONS REPORSS-COTiIITI SS ION }IINIITES ltayor [artin acloooledged rec-eipt of the follorring: 1. Ir{ilutes fr@ the Beautification Connigsion, }tay 1, 1969 and the Eealth, Safety & Traffic Coruission, I'tay 8, 1969; 2. Reports from ttre Fire and Police DepartEents for the nonth of April, 1969; 3. conmunicat ions fron: (a) xr. Leo Kriloff, 2315 Easton Drive, ay 7, 1959, commending the efficienclz of the Street Department in cleaning debris from his property folloving a recent sindgtorn; (c) Ihe Chief of the Fire Department, thanking Council for it8 action in adopting a nev schedule to adjust salaries; (d) l.trs. certrude soody, 1I2o sandrez Avenue, lray 12. 1969. praising the efficiency of the eurlingane Public Libraryt (e) far. A. E. Si-@ns, Assistant District Engineer, Division of Eighwaye, llay 9, 1969. referring to a letter received fron l.tr. H. niclrard o'Hara, suggesting the erection of a "Stop" sign for the northbound moveraent to the Bayshore Freeway and stating that a sign at this location rraa considered by the Highray Department to be "minimal and could conceivably increase the nunbe r of accidents. " I'he City l{anager eas requested to fotrard a copy of the comunication to lr{r. O'Eara. 1. CROSSING GUARDS (b) f'he City Ball officee clerical ataff, expressiag appreciation to Council for recent approval of salary increasesi 65 (f) iroseph B. Bodovitz, D(ecutive Director, San Francisco Bay Conaervation aDd Developn€nt Comrission, April 23, L969, aclcnorrledging a copy ofa letter aent to Senator nidrard .I. Dolwig b1z Council in support of B.C.D.C, (g) l{r. CarI Edrrin Sc}roll, I15 Eighland Avenue, April 22, 1969. opposing funds of the hooeosner contributed to finance an "Underground UtilityDistrict'; and (h) Xr. Franlc B. Ingeraoll, .7r., Chair:nan, San Hateo County Citizens CoMittee for Transit Action, ilay 8, 1969, requesti"ng the conaider- ation of Council in adopting a resolution to endorae the proposed "naater pIan" for Rapid Transit Service, ard urging a favorable voteat the arune 10, 1969 election. I.tr. David Keyaton, Vice-Chairnan, Transit Action Corurittee, outlined aone of the highlights of the measure and in reply to a epecific inquiry on the purpoae of the election, stated that a najority vote for the "Uaater Tran8it Plan' to be adopted prior to June 30, 1959, would retain Local control over future transit decisions either by the State Leglslature or by other regional goverment formations. Ur. willian F. Hauaer, General ltlanager, Chamber of Comerce, advised Council that the proposed meaaure has been eDdorsed by the Eembera to "keep the iseue within the confines of this county. " Corurcil tlrereafter infornally endorsed the proposed measure, rith the City Attorney requeeted to prepare a suitable resolution for ratificat ion by Council at its next regular neeting. A meno to Council fron the City ttanager, dated l{ay 15, 1969. reported that naBes have been subnitted for consideration on eacih of the Beautification Commission and the Eealth, safety & Traffic Coniseionwith no one yet noninated to fiII a vacancy on the farking Comrission. Council thereafter set forth .fune 4 as the date for interviewing prospective candidate g. Councilman George, referrlng to his meeting with the Chanber of Comerce on llay 20, advised that he would speal< sith the members on the appoint- ment of one of its representativea to the Parking Couaission. Further diacuasion uas reserved for the study raeeting with the city llanager regueated to furnish Council vith copies of the reaolution of poIic1z. A report frorn the City ltanager, dated r,ray 15, 1969, reported on the current statua of the premiees at 731 Laurel Avenue, and presented photographs tal(en to illuatrate the unsightly condition. Reporta, dated April 2 and lrtay 14, 1969, were ad<nowledged from theFire Inspector, wherein the violations in ttre usage of the premises were outli.ned. COMMISSION VACNTCIES A brief debate arose thereafter on the current polic,}Z of Council in selecting candidates for tlre several Com'nissions, with Councilnan Amstrup and Courcilman alohnson expressing their individual opinion that everT citizen deairing to serve as a Comissioner, be extended the prS,vilege of aa intenriev. REPORT ON 73I LAUREL AVENI'E 68 fihe City Planner gave a brief resurne on the history of the property recalling that the prenises have been a continual source of trouble. Council concurred with the recomendation of the City Ianager that the subject matter be further explored by his Office, the City Attorney, the City Planner and the several inspectors. CIIAI{BER OF COMUERCE REPORT t'lr. Willian 8. Eauser, General Uanager, Chanber of Comrerce, advieed that he would be pleased to include the metrbera of the East of BayBhore Improvement Association in the deliberations of mattera affecting both the merchants on Broaduay and on Burlingane Aveaue. Reporting on the recent Uiss Burlingame contest, Ur. Eause stated that lr{is8 suzanne Dowrick had beea 8elected fron a field of seven conteatantE. An invitation was extended to Council by li{t. Ilauser, to attend the Silver Anniversary Cmtrunity Dinner on WedDesday, l4ay 28, 1969, at vhictr tine, !tr. Lee llendelson, prminent producer and creator of the Charlie Brorm television specials, will be the guest apeal(er. fhe City Attorney advised that the Attorney ceneral has notifiedhis Office that the City of Burl ingame will be a\rarded the aum of $11,O00.O0 as the result of litigation in an anti-truat suit filed against western Pipe, of whidr $1,9O0.0O, plus a rei.ubursement of $2OO.0O for expenditurea. has been advanced. 1[be cityz Planner, the City's Censua Coordinator, gave a brief report on the censua being conducted il the City of Burlingame, stating that the survey is coming to a termination. PURCHASE OF BOAT ATITfIORIZED fihe City uanager advised that the city's request for an allocation of funds, submitted to the Federal water Ouality Control Board, for the purchase of a boat, a motor and equipment for uae at the nfl Se$er Plant in its monitoring progran, has been approved. clains, Nos. 2857-3038, Ittonth of Hay, 1959, in the total amount of $194,562.98, duly audited, rere approved for palpent on motion of Councilman crosby, seconded by CounciLtran irohnaon and unaninously carried. PAYROIJ, APPrcVAL PayroII l{arraDts. ldonth of Aprit, 1969, Nos. 4707-5236, in the total a[ount of $155,215.76, were approved on notion of Corurcilnan Croaby, seconded by Councifuoan Arstrup arail unani"mously adopted. AD.'OURNT{ENT There being no further traneaction of business, the neeting was regularly adj ourned at IO:5O p.n. Respectfully submitted. ,2b'y'/. z,,.tz--. R. D. MARTIN, T'AYOR HERBERT K. IVHITE, CIIII CLERX WESTERN PIPE LITIGATION CEIISUS REPORT IfARRAT{T APPROVAL APPROVED: