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HomeMy WebLinkAboutMin - CC - 1969.03.17T1 BrrlLDgame, CalifornLa [arch 17, 1959 CSIJL IO OMER A regular neeting of the RrrllngaEe City Council l'as held on tlre above glven date. tleethg called to order at 8:O5 p.m., - Ittayor arohnson in tlre Chair. PLEDGE OF AIJ,EGI,'N{CE At word frm the Cbair, all in tlre Council Chanbers arose and gavethe Pledge of Allegiance to che Flag. ROLL CAIJJ Present - councihen : crosby-ccorge-irohnaon-fartinAbsent - Councilnen ! Eone I,EUUIIES lhe llinuteg of tbe regular reetlags of P€bruary 17 and tlarch 3, 1969,,uhl.tted to council previously, rerc lPProved and adopted. HEAPJNGS (a)I{ESTERII AIRLIHBS SIGT{ VARIANCE llayor ,Johnson anDounced that a publlc hearing on t]:is date, had been scheduled by Council on an appeal frd! IGstern Airlines to a deciel.on rendered by the P lanning coniseion denying an apPlicationfor a varianrce to erect a f,orty-tro foot pole sign on its Propertylocated at 895 stantdr Road. A cmunication fr@ ttre Federal Sign and Signal Corporation, dated l,larch 13. 1969, rritten in behalf of l|estern Airlines International, reguested the wittrdranal of the appeal, advising that the Eargerentof r9estern Airlinea has decided to forego lts p1ans. council tbereafter concurred to withdrae the subject fro the Councl,l tgenda. (b) TEUIOR CIfIZEf, APARNiEXT (5OO AhEr ROAd) uayor arohn8on announced that ttria was the ti[e and place scheduled to conduct a public hearing on ttre application of conway and Ccopany,to conatruct a thirteen-storied Senior citizens Residence on property located at 50O AlEer Itoad. A counlcation fron qfrus J. ltctlillan, Attorney, repreEentitrg theappll,c.nt8, dated uarch L4,' L969, requested that the hcrrtag beforc Couaci I be continued to tbe next regular neeting to caable the applicant to obtain infor:aation pertinent to ttre proJect. Itre hearl.ng vaa thereafter re-echeduled to the regular neeting ofApril 7, 1969. tilr. Robert fhqrpaon, Attomey, addresged Council to announce tltathig offlcc sas reprereating a group oppo8ed to the project. COIII{ITNI CATIONS 1.'RARCO' APPIJICATION TO COIIDUCT AUCTIOTiI A cmunicatidr dated llarch 5, 1969, uaa received fron llr. Ronald A. Roahrg, Preaident, RARCO, 1420 hrlingane Avenue, requesting aperinit to conduct an auction ln the city of Burlingane for a periodof frm tf,ro to three days. 18 ur. Rosberg r in attendance, identified hinself as being finer of a deprrtr€nt store located at 1420 Burlingrue Avenue, oPerating under the nue of RARCO. A neno was read frm the City Manager, dated tlarch 13, 1969, cmentlng on auction application procedure. Counci Lnan ceorge que3tioned the aPplicant on the length of tine he hag been located at his prcsent addregs, who, in reply, stated Urat he has occupied the building formerly oceuPed by the t!{ontg@ery nrrd company for a period of six monthg. trtr. Rosberg advlsed tE, he ie a liceased auctioneer operating in san Francisco, the East Bay and in otber cmunitieg and that onthia occasion per:niEaion is requested to conduct a trial 'one-tL[e'auction in his Burlingane store nainly to eetablish bis reputatioa aa a bona-fide auctioneer in arrlingaue; that he has no iatentlonof retiring fro business or conducting a 'closing-out' Eale endthat he repreaenta geveral copanies, selling nfl and uecd artieleg. !tr. Rosberg c.@ented on the restrictive features of tlre City's ordinance regulating auctions, atating hie degire to obtain a local and permanent license and to neet \rith Counci I in the nelr futureto discugg revieions in the curreDt ordinance. Brochures announcing public auctions and the roerchandise to be soldin tbe @unty of Uarin and in the City of Redwood City by ttre applicant were dietributed to Council. councilDan Geolge expressed concern that the proposed auction mayjeopardize the sales of local merchants. Nayor ilohnaon referred to a memo dated Uardt L4,. L969. received fromthe Police Departnent, reporting favorably on the applicant, throughpersonal interview and fro statementa nade by reputable citizens. A brief discuegion aroae on an inquiry fro counci lnan ceorge on thelikelihood of 'unfair' competition to local mercjbantE, whereinl,lr. Rosberg called attention to cqrpetitive practices of a localchain story in offering iteus at a reduced price and ernphasizedthat he is merely requeeting a itenporary' Iicenge rnd a chqnceto be proven in this comunity. ttr. Rosberg atated that ttre businesg of auctioneerlng has advar ced in recent years to one ofa hLghly repaected profession. councilnan crosblr questioned the application of tle zoning require- mentE as referred to by the City Planner. Cotrncilnan ceorge alao questioned the applicant on hig haate iD applying for an auction permit in vier,r of his brief buslneee operation in this city. Ur. Rosberg, in reply, stated that he conductg coercial andindustrial auctions and would be offering oaly a few items of aparticular tlEr€. In reply to Councilnan l,iartin, concerning the material he currentlyproposed to auctioD, I,lr. Ro8berg stated that a conplete inventoryhas been furnished the city Clerk and that tbe producte wouldinclude adding machinea, a conference table, toys, chairs, radioa,phonographs, etc., Eone used and soe nan, addLng that be alsorepresents truatees in bankruptcy. Queationed by councilnrn George concerning product gtuaraateea,Itr. Rosberg stated that a nerr merdrandise nill carry ttre approprlat€guarantee. ltre City Planner advised Council tttlt the Zonj.ng Code Etilrulategtlrat auctiona are to be eonducted in a c-2 Zone and that Burlingame Avenue ie rrithin a c-l zone. lhe City Planner explained ttrrt the only filu operating an auctlonbuaine3a in the City of Errll.ngaEe in a C-l Zone, obtrl.ned avarimce frm the Planning Cmigaion. the Chair thereafter referred to the Clty Attorney. 1I}re City Attorney spoke on neeting with the applicant at hia requeat. tJre coenta of the latter with respect to the Cit1z'a 'reatrictive.ordinance and his rec@endation to tlre applicant that he obtain a copy of a less 'reatrictlve' ordlnance reportedly in effect in another Cityr thrt apparently ttre applic.nt ie applying for a Petilit under the current terna of the ordlnance with ttre inteationof returning at a later date and tlrat tlre applicant is applyingfor an auctioneer's pernit and not a cloaing-6r11t sale permit. fte City Attorney Btated that the Clty's ordl.nance does not providefor the issuance of a busineEs license to conduct an auction andbriefly explained tJre procedure required in applying for and thegranting of an auction perDit. Ihe city Attorney advised that in the matter before council on thisdate, a variance approved through Planning Cmiseion procedure will be necessary. ltrrough inquiriea fr@ Councilnan lhrtin, the City Planner advigedthat an auction ie not included aE a rlrernitted uae' in a c-l zone and the City Attorney confir ed that the zonlng nust be correct whetler conducting one, or Eore, auction8. Ilbe City Plantrer c@ented on the Peculiarities of the ordinance, its adoption sooe yeG! pnior to diacourage auctioneering but to include the sole auctioneer operating a bugineaa at that tlne. tlhe city Planner expressed ttre opinlon that the subject ordinance nerits study by Council. Inquiries fr6 council r,rere directed to tilr. Roaberg, who stated that he anticipated conductlng the auction within forty-fLve days for a period of tvo to ttrree dayg; to avoid Parking congestion, the auctioD would not be held on Itrureday evenings when ttre dtrTrtcrn stores rernain open and that he hadl fully c@p1ied with all reguire- nents stipulated in the ordinance, includit4l the suhisalon of aninventory. frrt}er dj.ecussion on ttre issue of filing an application for a variance betueen @uncil and mernbers of ttre City's ataff, waa concluded with the CLty Attorney ruling that It is obllgator7 thatthe request for an auction to be c@Cuetcd ln a c-l z@e, be proceaaed first through variance prooodure.. Ihe City Attorney, in reply to Council, suggested that to preserve ttte $50.00 filing fee poated by the applicant, the subject be continued to a specific date. councilman ttartin recmended, with Counci I concurring, ttrat the request for a pernit Uo conduct an auction be continued for aperiod of Eix montha or until such tlue aE the applicant iE therecipient of the reguired variance and renei'rs the auction applica-tion. 2. PAt't,@f,TS OF AGEtrTS IX RE: COI,IECTION 1915 AeT BODS A c@unication f,rm tlre Cltf lt[anager, dated February 27, 1969, advieedtlrat resdrtioas have baur prcpared to provide for the palment ofagenta' fees in processing outstanding 1915 Act 8onds. Reaolutiona authorizing ttre Bank of AnerLca to service the bondssere enacted ae follors: 1e 20 8-59 'A Resolution Appolnting Paying }gent aad Inereag the Percentage Charge for Collection E qrenaea to Pay ttre Cost Ttrereof - 'Burlingame Avenue Area Off-Street Prd.ingDistrict'- wag introduced for pasEage on notion of councilDaD croaby, seconded \l Councilnan George and unaainously adopted upon Roll CaIl. RESOLUTIOB XO. 19-69 rA Resolution Appointingor CollectiIncreaeing the Percentage Charge fthe cost Ihereof - 'EaEt ltilledale Induetrial Park unlt uo. 2'' waa introduced by Councilnan Croaby, who noved ita paasage, secondedby councilnan George and uaanimously adopted upon Roll c.11. RACESS A receas raa declaredt by ttre Chair at 9:15 p.u., to confirm tlre 1915 PLA projecta to be collected through the paylng ageney. CAI,L TO ORDER Ihe neeting again convened at 9:25 p.n. RESOLUTIoIS NO. 20-69 'A Resolution Appointing Paying Agent lndIncreasing the Percentage Charge for collection Expenses to Payttre coEt fhereof - 'Brrli.ngame Avenue Street Lighting Projectt. was introduced for pasaage on notion of Councilnan artin, secondedtry Councilnan ceorge and unaninously adopted upon Roll Call. RESOLUIION NO. 2I-69 -A Resolurion Appointing Paying Agent and ltre City Attorney advieed that the Final Mrp has been prepared, with euch details as the acceptance of eaEenenta and the finalization ofthe Subdivision Agreement aa yet inc@plete. Paying Agent rnd on Expenaes to Pay RE SOLUTION NO. 22-69 rA Reaolution ASpointing Paying Agent andIncreaaing ttre Percentage Charge for Collection E:<pensea to pay tlre coat lhereof - | Bayeide ltDproveoent District No. 3rr Eag introduced tl1r Counci r roarr ltlartin, who moved its Pasaage, eecondedby Councilnan Crogby and unaninously adopted upon Roll C!11. RBSOIITTIOtr NO. 23-69 rA Reaolution Appointing Paying lgent andIncreasing the Percentage Charge for Collection E:<penaes to Paythe Cost lthereof - 'East t{I1lsdale Indu8tlial Park unit No. 1''waa introduced for pasaage on notion of Counci lnan llartin, Eecondedby Councirpa'' croaby and unaninously adopted upon Roll CalI. 3. STATE DIVISIOI{ EIGEVNYS RIGEf,.OF.INY REIJINOUI SI,IEXT the City Engineer identLfied the subject parcel as a snall section ofthe Bayshore ffiglrway opposite the ttobil Oil c6pany'g service atation near the Broa&ray Overcroseing. fhe notice was received for flling. 4 A}IZA.PACT T'IC ACRE.AGE (rinal uap) Increaeingy the percentage Charge for Collection oqrenses to pay ttre Coat fhereof - | California Drive Street l"ighting Project" was introduced by councilman l,lartin, wbo uoved its passage, geconded by Couneilnan Crosby and unaniuouely adopted upon RoI1 CaII. A cqmunication frqo the City Planner, dated Febru ary 25,. L969,advised ttrat the final parcel nap dJ.vJ.ding acreage of Anza Pacificco., sl,tuated betareen the outdoor theatre and the bay, waa conEideredby t}re Planning CmiEeion and recmended for approval I ttre Citycouncil. A cmunicatLon fra the State Divieion of Biglnraya, dated l,lard 5,1969, referred to a California uighway Cmission reaolution propoaing the relinquishEent of higbway right-of{ay in t}re City of &rrlingemeto becone effective upon filing the doctrrent \rith the County Recorder. 2l Action was nithheld and the subject continued to the Council meetinEof ABril 7. L969. 6.@:.s@g' A ccmunication dated March 5, 1969, was ackncrrledged frmqirus ir. licfid.Ilan, Atlorney, representing the Anza Pacific Corp. reporting on neetiags held thus far with rePreaeatativea of liest Bay C@unity As8ociateg, concer:rirrg tJte acquisition of ite landsto provLde an eighty-four foot striP of land adjaeent to lands of the city and suggeating that the subject Eatter be discugaed at a council atudy neetittgt. fte City tlanager lraa requested to place t}e ito on a study meeting agenda. BESOI.I'TIONS RESOLUTIOU UO. 24-59 'Resolution Declarirrg Intention to vacate and Abandon Portions of wire clearance and Public Utilities EaaenentEin Lt 39, Block 5 and Public Utility Easement in Iots I through 6,Inclusive, Block 5, East trillsdale hdustrial Park Unit No. 2, Eurlingane, Srn tilateo county, California' (Setting forth public hearing on April 7, L9691 was introduced for pasaage on [otion of Councilman Croaby, seconded fu Councilman George and adopted unanimously upon Roll call. SESOLUTION tO. 25-69 'Cmending the arnerican tegion on Its soth Annivereary' was introduced for Paaaage on motion of Councilnan Crosby, geconded b,y Council-nan ceorge and unaniuoualy adopted uponRoll Call. RESOITUTION NO. 26-59 'A Resolution Authorizi ng Execution of Agreenent For InstallatLon, laintenance, Operat ion and Conveyance of ElectricPacilities - Bayaide Iuprovement District ao. 4 - Anza Airport ParkUnit !o. 5'raa introduced for paesage on motion of Counci lDan Geolrge, seconded by Counci Lnan Crosfu. O,n the question and in reply to Councilman Uartin, the Clty Attorney confirmed that the agreementis In proper forn. The lto11 call vote was recorded ae unaninous. COIIMI'NI CATTONS ACKNOWIADGED lrliayor ilohnson ackncr^rledged cmunications received fro the folloring: 1. I€o iI. &yan, Aasenblyznanr, re: information concerning ttre tlest Bay Rapid Transit Authority; 2. l{rs. alohn A. alelincidl, 189 Dalearood Way, San Sranciaco, dated l{arch 1O, 1969, comending tlre services perforaed by the ErrlingareFire lrepartnent and Rescue Squad, with special word of appreciationfor the work of !tr. iloseph A. Alianus; 3. llr. and U!s. Karl !1. Bausch, 2705 Ba8ton Drive, dated February 21, 1959 andt ltr8. Prank Sexton, 2IO5 ltay Drive, ortrrressing concern on theposeible utilization of ttre City Ea1I Park Road property ae a dc,hrnto,mparking lot ln the future t 4. Office of the covernor, State of california, dated March 6, 1969,inviting participation in selecting ileserving youth for ttre 1968 YouDg American l,ledal8 for Bravery and Servi ce by the suhission of nanes of candLdatee to his Office no later than Hay 20, L969i 5. t'he llnerican I€gion and the Italian-enerican Federation of San ti[ateo, announcing te8timonlal dinner schedules to be held in honorof retiritrg San lllteo County Supervi8or T. Ioui g Chees; 6. llest Bay Rapid Transit AutJrority's proposed 'I,lagter Transit Plan; - 7. Ithe City Uanager, dated Februanl 26,. 1969, referring to severalrecent eerer coplainte reeeived and the corrective neagureg betngprogramed to alleviate aerer probleoa, particularly in areasreguiring special attentlont gg a. State Depart8ent of Parks and Recreation, dated Mardr 10, 1969,extending an invitation to Council to altend an exploratory andan inplenentation meeting on developing a .beautiful and neaningful.parkway along Skyline Boulevard to be held in the AdninistrationBuildlng, canada College, ltloodside, Wednesday, lrtarch 26 at 10 a.n., 9. Pacific Fire nating Bureau, dated lrtarch 6, 1959, suhittingreaults of a recent field inepectlon of the physical fire protectionfacillties of the City and a cmpilation of recmendatioDs toaesist the City in future planning of fire protection facllitiest 10. City trianager, dated March ?, L969, referring to a cmunidionreceived fro the SaD llateo County Health DepartneDt and a srmaryof areas within the City wherein swer probleEs are Eost prevaleDt, accoGPanied tryr a recmendation that imediate consideratioD begiven to a pelreanent correction of the probleu. A progresa report fro the ci ty Engineer, dated February 2?. L969.related field work and an engineering study currently in pro{rreagto relieve sewer conditions. In reply to the Chair, the City Engineer advised ttt, city creusare continuing to clean the serrer nains in the troubleEon areaE. 11. Railway and Ioc@otive Bistorical Society, Inc., SoutlrernCalifornia Chapter, dated Pebruary 14, 1969, announcing the rGolden Spike Centennial' cerenony in Ogden, Utah, during tlre ronth of }lay tin reference to an historical locomotive - nulber 5021, the onlyoperable for:mer Southern Pacific steaD locmotive in existence,the cmunication suggested that the operation of the loc@otivefrom the weEt by the Southern Pacific C@pany would contribute tothe Centennial and that formal requeat8 be dLrected to l.tr. R. iI.&rssell in care of the Southen Pacific Company t 12. City of Long Beach, dated February 11, 1969, enclo8ing a copyof a resolution urging ttre support of Senate Bill 4) State pre- ernption) introduced in the 1969 Session of the State legislatureby Senator II. L. Richardgoni 13. Tcfin of Portola valIey, accompanied by a copy of a red.utionreguesting aupport ln the paaaage of legislation to provide foreffective rellef and tax reform for the State of Californiaproperty drners i 14. ltoas C. Taylor, 1112 O<fordl Roiad, dated March T, 1969, a Eeeber of the Planning C@iasion, reguesting conaidention of hLs appointDent ae a meraber of ttre city council if the current v.eancyis filled by Counci I appointnent t 15. Adolph C. 'Brd' Earriaon, 376 Icxington fay, dated !,i,arch 11, 1969, stating his interest in filling tlre unexpired ter:n of tlrelate counci I ni.!n w. E. Diederidrsen, either lry Council appointDentor by his candidacy in an election, 16. Brrlingame citizens Action forun, dated Uarch 8, 1969, ugingthat a special election be scheduled to fill the vacancy on @rrncll, 17. Robert O. Delzell, 1345 De Soto Avenue, dated ltarch 13, 1969, requesting that a special election be gdreduled to aelect a neoberto fill the vacanclr on the City Council, 18. Charles E. cfroerer, dated u.rch 10, 1969, sutnitting hia resigmation ag a nenber of the Parking Cmisglon, due to fanllyillnees. EIre resignation was accepted with regret and a letter was directedto be sent to t{r. Gfroerer, thanking him for hie service to ttreCity of Brrlingue. 19. George A. I.iann, City Planner, dated l.larch 14, 1969, notifying Counci I of ttre expiration of terBE of office of Cmigsionere lllloas 28 Sine and Ihonas Taylor on April ?, 1969. Action on the appoint- Eenta waa deferred to April 7, 19693 and 20. Gene alonea, BusineSE Consultant, JoneE, ilacobs & Associates, Berkeley, dated tlarch 5, 1969, extending an invitation to Councilto participate in an rlfro-eEerican African Relief In8titute r atthe Golden cate Pield, AJJcany, California, on ltarch 27. L969. PROCIAI,IATIONS l-layor ilohnaon announced the folloring proclamationg: ltre lt{onth of April, 1969 aE 'I€ague d w@en voters Uonth " incmenoration of its 50th Anniversary of founding, and tlre weekof uarch 23 - 29. 1959, as 'Charber of cmerce' Week. REFERENCE TO ITIHUTES -REPORSS Counci fuaan George referred to a paragraph in the Eealttr, Safety &Traffic Cmiagion Einutes of February 13, 1969, concerning theillegal usaqe of a garage on Park Avenue and queationed the crrrrentatatua of tbe protrEy. Ihe City Planner gave a brief bietory on ttre converaion and the occupation of the garage area as a residential unit, ststing that an abat€ment notice vraa iasued bV the City l,tanager to the imediateoaer and that the subject property, ncr, unoccupied, has been assigned to a real eatate fir . Itre City ttuager stated that the real estate firm should be notifiedto offer the property as a single-fanily unit. colmcilEan Martin referred to a paragraph in the report of the cityLibrarlan, dated Febnrary 18, 1969, quegtioning the BtateEent that several ttrouaand duplicate vo\:oeg have been put aside for a poseible 'nerr brandr.' tlhe Librarian, in attendance, adviged t-hat the reservatl.on of books hag been discontinued. ACTBOYTIJEDGET{ETTS,/REPOR:IS !trayor arohn8on ackncrrledged receipt of lilinutea frd the Planning o@iEaion, February 24. L969, the Healtlr, Safety & raffj.c cqmis-sion, February 13, 1969, the Parking Cmrission (Discussion roeeting) February 26, tbe Library Board and Librarian I s neport, February 18, 1969 andt the monttrly activity report of the Burlingane Fire Depart- r[ent. I'BRR;N{T APPROyAIJ I{arranta for the month of uarch, 1969, Eos. 2455-2650. in the total anount of $171,077.58, duly audited, were approved for palment on Dotion of Councilman Crosb!, and seconded by Counci lnan George. PAYROI,L APPRO\IAE Payroll warrants for the month of February, 1969, Nos. 3645-4169in tlre total amount of $155,053.46. were approved on motion of Councl lEan Croablt and seconded by Oo ryilrrq George. LI'NCHEON I{EETIITG Ur. ll.iUiam Eauaer, General lranager, Burlingame Chanber of Cmerce, extended an invitation to Council to be present at a lulrctreon neeting on lfednesday, tl-rc:b 19, s, t'le Golden lJanp Restaurant at noon, to honor !lr. Charles cfroerer. rDirouRtrtiIEm :[tre neeting was regularly adj ourned at 10sl5 p.m. Respectfully auhitted, APPROT/ED -/ _ ,/,- -,4- y',,*z-,/ CEART.oPIE JOEHsof,, tlayor Rf,IfiII i.ty Clerk