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HomeMy WebLinkAboutMin - CC - 1969.04.07'R Burlingane, April 7, cali fornia 1969 CAtL TO ORDER A regular meeting of the Burlingane city Council wae held on the above given date. the rneeting was called to order at 8:05 p.m. Mryor Johnson in the Chalr. PLEDGE OF ALIJGIANCE At word fro the Chair, all in the Council Chanber aroEe and gave the Pledge of Allegiance to the Flag. INTRODUC?ION COI'NCI LITIAN AIIiSTRUP ltre regular order of buaineee r.raE reversed briefly and the minutesof the qrecial ueeting of Council, dated March 22. L969, were read. lhe nrinutes recorded that CouncLl had convened in executive sessions on l{arch 11, lrlarch 15 and tlarch 18, 1969, to conaider Council eendldates to fill the unexpired term of the late Councilnan iEtrBer E. DiederLchsen, and on the latter date, Mr. Irving S. ArnstruP, 2708 ?rouedale Drive, wae unaninous ly aelected and his aPPointment tbereafter confimed to fill ttre vacancy. Ote Einutea, Eutoitted to Council previously, rrere apProved and adoPted. OATE OP OPPICE trhe City Clerk re-admLnigtered the Oath of Office to litr. AmstruP and he assuned hiE position on the council roEtrun. follorring a round of applauEe and Councilman Anatrupr s introduction of nenbers of his fani ly in attendance, the regular order of businesg wag reguraed. ROLL CALL Preaent - Councilmen: Abaent - CounciLaen: ADAtrup- crosby-George- Johns on-l,lrrtin None UINUTES Ihe nlnuteg of the regular neeting of March L7, L969, suhritted to Council previously, were approved and adopted. HEARINGS (a) ABANDOHUET{T uTILIlry EASET{ENTS EAST I{II,trJSDAI..E PART I'NIT NO. 2 llayor irohnson announced that a public hearing had been scheduled onthis date to consider the vacation and abandonnent of publicutllities easeEenta within an area of Block 5, in East tltlllsdaleIndustrial Park UnLt 1{o. 2 ( Safeway storea, Inc. office buildingeite. ) lte City Attorney, in reply to the Chair, adviged that both utility corapanies are currently using the existing facilitieE and have noobJection to ttte vacation provided a new easement location is firstprovided . lftre City Attorney suggeated t]tat t-he subject be continued on ttre agenda until a comunication is received fro each of the utilitycopanLes d6claring unconditional consent to the proposed vacation. Oouncil thereafter concured and ttre item waa authorized retainedon the agenda of Council. 26 (b)SENIOR CITIZENS RESIDENCE (5O0 Alner Road ) Uayor Johnson announced that r public hearing had been Ecbeduled on this date to consider the application of Conrray lrld Cmpanyto construct a Senior Citizens Residence on property locrted at 500 Afuoe r Road. ttle Chair recognized Ur. Cyrus ir. UcMillan, who Ldentifiedhimeelf aa representing Conway and Conpany, the Ilillsdaleltethodi8t Church and Lts Batellite corporation, the Eillsdale Senior Citizens' Service, Inc. I{r. !{cuillan adviged that the matter comes before Council, follor-ing a full and complete hearing before the Planning C@laaion, whereupon by a six to one vote, variancea to pernit a building approximately one-hundred thirty feet in height (code naxinunseventy-five feet) and parking facilitiee lesg than the code requirements. were approved; that a condition was inpoaed requir-ing the applicant aDd the City to enter irto an agreement toeetablish a method of compenaating the latter for municipalgervicea in lieu of taxes and that a form of agreenent hls been subrtritted to the City Attorney, that in applying a foroulaprojecting the asgessed valuation of the property, a 92.50 or $3.OO service fee, per unit, per nonth, was estiEated to be aneguitable sum to c@penaate for ttre ta:( exeoption i and, in con-ferring with the Department of Houaing and Urban D€ve lopnent, aai-milar agreement is in operation in other localities. Ur. Uctrli llan stated that the proposed project will fulfill asocial need and will be proven to be an aaaet to the area ae well aa to the entire comunity of Burlingane. Bxplaining the operation of the apartnent-resideoce, l,lr. ltctlillanadvised that it is not a nursing hme, br,rt an apartrent \rittr co@ondining facilities; each unit wLll have a gnall kitchen, rentalawill be retained at a mj.nLmrn and will be occupied by people oflininlted inconea - single pereons, 94,500.00 and marrLed couplea, $5, 4OO.00. I{r. !,tcl,Ii Uan comparied the propoaed project with t}rose located in San Uateo, Palo Alto, Ealf titoon Bay and with one reeently approvedin Belnont, stating that a greater portion of the space ia devotedto recreational and gocial activitie8. A recent newapaper article was referred to by lrtr. I{cfdllan whereinit wae alleged that senior citizens are "fa11in9 behind becauge offixed incmes.' Expressing the opinion that the action of the Planning Cmission was correct, I{r. l,tcl,ti l lan stated that the applicant is willing toenter into a financial agreement whereby the resldents of theCity wtII not experience a tax hardship. Mr. ttcuillan next introduced Mr. Conway, the applicant, Mr. EoraceKaiser, Consultant and liaison between the Church and the federal governnent and ur. Sol Gittelsolo repreaenting the Senior Citizens' organization. Ittr. Gittelsohn apoke on the scarcity of reeidences for aeniorcitizena, the "filled to capacity" statua of ttrose in operation and the need for this highly deairable type of regidence to provide homes for many notrr living in 'sub-standard' dwellings. I€ttera were read from (1) the City Planner, dated Februanl 25, L969, reporting oa the action taken by the Planning Cmission in approving the project in principle, tlre financial pro{rram provided by the federal government and the applicants' agreement to pay for service charges that would equal the normal local taxes i(21 the Fire Chief, dated tlarch L2. L969, recmending fireprotection installationa for the construction of tfie subject building over and above the regulations ncr,v required. 27 I€tters received favoring the Project, \rere read and recorded frm: American E@es Develotrment Company, April 1, 1969; Burlingame Tcrrn and Country Realty, llarch 3O, 1959, !,1r. N. A. Crisafi, 1440 Floribunda Avenue, ltarch 2, 1969, and Medmac, Inc. , 530 El Carnino lteal, bearing the signatures of five physicians, February 2O, 1969, addressedto the Planning ComiEsion. counci lman llartin, ementing on his profession as a buildingcontractor, currently engaged in condqrinium construction, questioned the city Attorney whether his function in relation to the Eubjectproperty would be classified as a 'conflict of interest.' (he city Attorney replied in the negative. Mr. lrcMi U-an, to guestione raised \r Councilnan llartin, advLsed that age requirernents for occupancy are limited to males, sixty-five yeargof age and over and to fenales, sixty-tr,ro years of age and over; incomes are limited to $4,500 for single person!, and to $5,400 for married couples. litr. Eorace Kaiser, replying to councilman lLrtin, atated that HUD requires ttre na:rinurn rental for studio aPartnentE to be in the amountof $105.0O to $ll0.0o per Donth, that t}te government also reguires that at least one meal per day be taken in the nain dinlng roo; adding $52.50 to the nonthly rental. AlEo in reply to inquiries fron coutrcilnan uartin, Mr. Uclrli 11an advised that t}re 95,400.00 incoe requirenent includes social security payrrents received by the tenants and thereafter deEcribed tfie fotmula applieal to estinite the nonthly per unlt service fee. the Chair invited the opponents to the ProPosed Project to Elrelk. ur. Rohrt T'hopson, Attorney, identlfied himself as rePreaenting Dr. Duane B. Busch and sLx other opponents. t'he folloving objectiona were entered by ur. T'hmPson in behalf ofhis clients: 1. 'Parking:' Tlhe proposed parking Epaces are congiderably less than code requireuents; the project would be constructed in one of the EoEt congested areaa of the city and that frm figures obtained from the Police Department, the ratio of overnight parking permits iEEued to residents of ttre city is particularly high in this area;that rrith reference to sinilar project8 in the City of San llateo, operatlng with less than parking code requiremeBts, neither are located in a heavily congested area, one is located on a main thoroughfare and the other, adjacent to a park, the advantageg experienced by the aforernentioned are not available to the proJect proposed, and, if conversion were a poasibility in the future,parking would be inadequate. 2. rPalaent rin lLeui " fhe legality of levying "gervice fees' is questionable and it would be difficult to file a claim to collect an unpald fee. 3. 'Variances.' Reguisites to the granting of a variance cannot beEet in this inEtance. tlr. Itr@paon recalled ttrat ln 1966 a Eimilar application waE before Council and suggested that the aame basis for denial be applied. In eoncluding his preaentation, llr. Itrqnpson atated that it would be more approprLate to locate the type facility propoeed in an area coirpatLble wi th zoning requirernents. tlr. Itronpson atated that ttre Problen is one of 'locationr' that itia a 'great project in the wrong place' and that the aPPlication aPPearsto be a regueat for the operation of a "boarding-house' rather than an tpartment. ' 28 !rr. willian J. wiUians, 35 81 Camino Real, ccmenting on hia role as a senior citizens, protested cdBenta that senior citizens aleliving j.n 'gub-standard' dwellings and exPreased strong obJection to being placed in the position of being required to Pay increaeed taxes to suPPort tax-exemPted proJects. ObJ ections received in written form were entered into the record from the follcrring: A petltion, I{arch 14, 1959, bearing the signaturesof Blxty regLdenta or oirnera within the imediate radius of the subJect property r ltrs. Patrlcia A. Armstrong, in behal f of her mother, I{ra. Anna }1. carrley, 510 Ansel Road, february 21i iI. AlbertSarrail, trt. D., 1445 Floribunda Avenue, Pebruary 17; Itr. and }lrs.willian watts, 1520 Ralston Avenue, Pebruar? 17i Dr. Duane Busch, 1431 Floribunda Avenue, February 181 titr. willian iI. Irlillians, 35 El canino Real, llarch 15; ltlrs. Eattrer !!. Dickie, 1445 Floribunda AveDue, ltarch 15 and April 7 and Doris u. !{alnguist. L443 Ploribunda Avenue, Harch 14. 1959. I{r. arohn }tccloEkey, 535 Alner Road, Epoke on t}re personal inconven- ience tre would undergo by the proposed construction and his objectionto rtax-free' organizationa. lr}rere being no further coments fr6 the audience, tlayor ilohnsonreferred to council. Counci lman Cro!b!, requested additional information on the subJect of 'parking' ratios. Considerable discussion aroae on statistica cmpiled by the Xleplrtrnentof Ilousing and Urban Development on the nurolcer of aut@obiles oynedby senior citlzens and the amount of parking perai ssible in seniorcitizens' regidences- Ur. Rob€rt iI. EanEen, Attorney for the proJect, advised that parkiDgfor the proposed project was based on autdobile ornership at aratio of tventy percent of reaidence occupancy. fhe City Planner, in reply to Counci lnan Crosby, atated that on thebasis of 239 occupants of the residence-apartnent and forty-eight Parking spacelt provided, the "twenty percent r figure rraE correct and that the natsional average ia rnineteen percent.' Councilman Crosby questioned the City Engineer on the adegu.cy of the water and sewer facilities within the area, who replied that atthe present time no problens are anticipated; that his office, hci^tever, could not predict conditiona in the future. ltre City Attorney advLsed, in reply to Councilnan Croaby's inquiryfor an opinion on the 'in lieu of taxes' palment, that tlere ia no one to declare whether the agreement ig valid or invalid; thatsinilar agreementa do exist in gque cities and that the iseue may be tested in the courts sole day. the City Attorney recalled that in the natter of the lcslie Eoundation application before Council in 1966, that organization testified thatit could not enter into an agreement i the rental figure had to be approved in relation to the cost of operation. The city Attorney in further reply to counci lman eosby, advised that there is apparently a change in adrninistration of the Eousing and Urban Develol,ment authoriLy frdn that of tvro yearE ago. councilDan ceorge referred to his personal experience with a governmental agency to aEsiat the aged, under "FEA' the predecessor to 'EtD' and his intereat in the subject. councilman ceorge cmented on the problene that vtill affect thecity with the construction of the aPartment-resLdence and hig concernwith (1) traffic on the narrow streeti (2) that if the ProJectshould fail, what disposition would be made of the buildingr (3) the 29 tar(-exeEpted prograru that may be challenged at sme time; (4) the size of ttre City of Burlingane in cmparison with the city of san llateo to accmodate a residence of thiE tyPe t (5) the additlonalfire protection equipment and incunbent services that !ri1l be required a (6) who wllI bear the responsibility for s@eone occupying quarters oD the top floor who nay becqne il1; (71 ttre health aEpectsthat have not been considered; (8) whether the project will be reaerved for the uae of Burlingane residents and the queEtion whether the senior citizens of the comunity rre in such straitened circum- stances to warrant a facility of tttls type and (9) the furnishingof the apartnentE. Mr. Kaiser, replying to the point concerning furnishings, adviEedthat each tenant will furnish his individual apartment and thatall public rooos will be furnished by a Private Philanthropist,with sufficient funds held in reserve for maintenance and refurb- ishing. !tr. Kaiser emphasized tbe inprobability of a eenior citizen residencefailing and cited the nu ber of persons whose names appear on waitinglists of senlor citizen residences. Questioned by Councilnan George on why other ctrurchea trave not sponsored girnilar projecta, l,tr. Kaiser stated that tllaJ. Wataon of tlre Ieslie Foundation was received with little responae when he approached the loca1 churches. couneihan George spoke on the continual trend of rsubsidy' pa!.nents aad his concern with "h6, it will end.' Irlr. XaiEer referred to the proposed agreement with the City and gavehis assurance that feeE collected would be in an amount equivalentto taxes. RECE SS A recesE was declared by the Chair at 10.05 p.n. CALL TO ORDER fhe meeting rraa reconvened at 1O:15 p.n. IIEARII{G SENIOR CITIZENS RESIDENCE (cont. ) Counci lman Uartin queEtioned the rental figures quoted in the ninutesof the Planning CmnisEion and thoEe quoted this evening. ur. ucuillan advised that efficiency quarters (studio apartmentE)\rouId rent rt $85.OO and bed roo apartnents between 9105.00 and $110.OO per month; one meal, that iE mandatory, would add 952.50 per month and two meals, $62.50 per monttr. counci lman Martin cmented on three points of issue: (1) the agree-nent contract; (2) parking facilities; and (3) public utilities. SPeaking on the City's General Plan specificatiotrs for 'more density' CounciLnan uartin questioned the City Planner, who, in rep&, statedthat the subJect property iw within the high density area designationttftat "high density' representa a range, not an exact figure, withthe propoaed project bringing the density 'near the top.' Ihe City Attorney, replying to Counci lman lLrtin, concerning thelikelihood of ttre agreeeent being challenged, advised that it is avalid argunent and one that may r,rarrant publtc challenge. !tr. Irtclitillan, in rebuttal, pointed out that the Ci ty is negotiatingyith a well-organized church group, desirous of providing a cmuni tyservice and the nerits of the apartment-residence should not b€decided upon on a legal basis. 30 To further questions frql Counci Lman l,tartin, concernLng theIrosEibility of failgre and the basis upon which 'hardship" isclaimed, f.Ir . lrclfillan advised that the government rill bear ttreburden in all circumstances, the height of the building ia pernissible under provisions of the variable height ordinance and that -hartl- ahip' would result if additional parking spaces were nade nandatory. I{r. Hanaen urged Council to consider the integriry of the aponsorof the project, the Eillgdale Methodist Church, with aaEets in excesE of eleven million dollarE. Counci lman l{artin expressed the opinion t}rat the proj ect entaillttoo many issues that would be beyond the control of the City. Councilman AnEtrup expressed his concern prinarily with the parking and itE incurobent problems in the area. t{ayor Johnson questioned the age linitation of t}re occupanta ofthe apartrient and who shall provide the catering eervice. Mr. BanEen replied that there iE no linit wJ. th respect to age; hor-ever, if residenta bec@e incapacitated, they wi1l be requeated torelocate to a convaleacent hospital facility, and that the cateringgervice will be provided by Uanninge, Inc. of San Prancisco. Ehere being no further c@[entE frqa Couneil, the hearing wasdeclared concluded by the Chair. UOTIOT TO OVERRUIJE Councilman Xartin thereupon moved that Counci 1 overrule the actionof the Planning cqmisEioD and that ttre aenior citizens residenceapplication be denied. ttre notion was seconded by councilman Geor'ge and a Roll call vote was recorded as follors: Ayes : Counciloen: eroEtrutrF(ieorge-{Iohnaon-}lartin Noeas Councilmen: Crosby ADTZA AIRPORT PARI( TENTATIVE IIAP A cq@unication fr@ the city Planner, dated APril 2, L969. advisedthat the tentative map of Anza Airport Park, c@prising an area of approxisately I12 acres. between the east drainage channel and thecity park, rri th the exceptiona of SubdivisionE No. 4 and No. 5, waa approved conditionally by the Planning comission and recomended to counci 1 for adoption. Ehe ci ty Planner further advieed that the PJ.anning Cmieeion re-quected: (1) that the map be amended to include a rear buildlng setback line on tfre lota along the bay; (2) that a non-excluaive eaaement be provided within the areai and (3) ttrat a einilar acce8a eaaenent be provided to extend from the neareat street to the bayline, to which requests the subdivider consented and the tentative map, aa suhitted, does include the revigione. In reply to inquirieE frq! counci lman uartin, the ci ty Planner expreased his assurance that the subdivider understood that the accesa eaaement would be exclusively reEerved for public uaage. Mr. cyrua . iI. ucl{il1an, Attorney, repreaenting t}e Anza Pacific corp., confirmed that if ttre subJect eaEenent is included on the naP,the suHivider fully intended it as a Public acceasqray. A motion !,ras thereupon introduced by counci lman Martin, seeonded b1r" councilman Imatrup and unanimous Iy carried, that tbe Anza Ai.rport Park tentative nap be approved. COMMT'NICATIONS 1. 3t 2 A}{EITDMENTS TO TSIGN' CODE counci lman uartin reeomended, wLth counci I concurring, that an action be witlrheld to the regular meeting of April 2L,. 1969. 3. CEAITGE III PARKTNG IOI' REGT'I,AIIONS A comunication was ackncrrledged frc[[ the city Planner. dated APril 2, 1969, notifiring Counci 1 that the Planning Comisei on has been studying the sign code for aome months and an agreement haa been readred; the resulting changes are therefor submitted to council, accmpan5.ed by an explanation, and an ordinance, a[ending eections of the sign code. A comunication fror the City lrlanager, dated APril 3. L969, advisedthat ttre Parking cmlasion hae recmended that the regulation for core parkLng lots be reviaed to provlde a 'two-hour parking linita-tion betrreen 8:00 a.m. and 6:O0 p.m.' REI{ENT S fhe City Uanager stated his concurrence rrith the ProPosed change and recmended that Council direct that the neceaaary legislation be prepared. Ihe city Planner, in a verbal report to councll, advised that evidence was presented \r the Police Department to the Parking Cmission, wherein in was indlcated that the current regulation creates confugion and dtfficulty in enforcing. A brief digcussion on reviaing the original regulation to serve busineEs and patrons and other userE of the parking lot facilities more advantageously, concluded rrith council concurring rith ttre recomrended changes and authorizing the City Attorney to prepare the necesEary legislation. 4. BEAUTIFICATION COUI{ISSION RECOMUENDA?ION A cmounication from the Beautification cqmiasion, dated ltarch 28, 1969, advised that at a regular meeting, llarch 6, a motion was unanirBoualy adopted approving, aa preaented, 'the general plan for inprovement and beautification of Burlingame shopping areaE aE drarrn up for the Charnber of comoerce' and favoring "new planter boxes and treea as present action torard beautification of Burlingame Avenue and Broadvray' and c@ending rcity Council's consideration toappropriating lny fund s possible in the 1969-1970 budget to apply to such purchase. ' lilayor itohnEon reported that mernbers frqo the Burlingame Chanber of Co@erce and representativea fron garden clubg will meet on Hedneaday morning, April 9, to confer on the general plan of improve-nent proposed for the Burlingame shopping areas and suggested thatthe subject. cmunication be placed on file pending a report fronthe Chanber of Cmerce. I'tr. Williau ir. Eauser, General,ltanager, Rrrlingame Chanber of Cquoerce,in attendance, confiraed that a \tritten report \riU be subEitted to Counci I at the next regular meeting. 5. LI BRARY BOARD RE: LIBRARY A c@unication fr@ the Burlingane Library Board, dated titareh 28,1969, advJ.sed that at a recent neeting, a rootion was unanimous lycarried that 'the Board EuJmit the Librarian'e Addendum to the EoltI€port to Counci I wi th a recmrendation that an architect be hiredto becme acquainted r ith the requirementE of the f.ibrary and to make a study of the 1ibrary building to determine the feasibility ofmeeting theae requirementg. ' In reply to the Library Board's request for a Etudy meeting a8 soon aEconvenient, council indicated that a date in May would be preferable. g2 5. SKTLINT TERRAC1E SUBDWISTON (Prin9le ) A memo frqtr the city Attorney, dated April 2, 1969, inforEed counciltha! Grant Deeds to the one-foot strip along Trousdale Drive, aPoliey of title insurance and a copy of each of the partial Re-conveyancea, all with reapect. to the $qrline Terrace Subdivision(pringle) have been recorded and through his Office, have been fLledwith the City C1erk. fhe City Attorney advised that. a resoLution accepting public improvements in the subdivision has been prepared and should ncnvbe adopted by Council . RESOLUTION NO 27-69 "Accepting Public Improvenents in SkylineTerrace, Burl ame. San Uateo County, Cali fornia " wag introducedfor paEsage on motion of Counci lman Uartin, seconded by Counci Inancrosby and adopted unanimously upon Roll call. 7. BTJRLIIIG AII{E SEORELAND CO. VARIAIICE A cwtunication dated Jt{e'rch 24, 1969, was acknorledged from the cityPlanner, recalling a resolution approved by Counci I on March 13,1968, authorizing an agreement with the Errlingame Shore Land company to develop certain acreage presently zoned R-4, apartment,to uses including a shopping center complex, an apartment building and land to be landscaped and reserved pending further proposals forits use. Ouoting frol! Section 25.16.130 of the ltunicipal Code, wherein the use of land allored by a variance or a use permit "shalI be comencedwithin a period of one year fron the date of grrnting' and if thework ehall not be so corutrenced, "such variance shalL becoe null and void . " fhe City Planner subrnitted three alternate proposals to assist Councilin determining an appropriate official action. Mayor Johnson recognized tilr. OEcar Person, Burlinga[e Shore Land Company property ci ner, \,rho stated that he was hopeful of presenting a plEn to council within a period of trro weeks. Follorring a brief diseusaion, Irlr. Person consented to meet with council at a study meeting on wednesday, Hay 7, 1969. 8. CENST'S EGREEIT{ENT A comrunication frcn the Departnent of Finance, State of California, dated April 3, L969, referred to copies of an agreement to be signed by council authorizing a forthcoming censuE within the cityof Burlingame for the purpose of insuring certification of the City's new population in time for the State'B diEtribution of tax alloca- tions . RESOLUTION NO. 28-69 "Resolution Authorizi ng D<ecution of Agreement B}z and Between the City of Brrlingame and the DePartment of Finance, state of California For Population Eaelrate' tf,as introduced for passage by Counci Iman crosby, seconded by counci lman AnstruP and adopted unanimously upon RoIl call vote. DAr{c IETUIE APPLIqAILQE (Fe1ix Bria) A cmtrunication dated April 2, 1969, was read frcm l.{r. Felix Bria, 558 ebbot Avenue, Daly City, reguesting the issuance of a permit to conduct dances in a building located at the corner of Ilorard and Eighland Avenues. Mr. Bria waE informed by CounciL that the code requires rePorLs from the Police, Fire, Building and Health DePartments Prior to the issuance of the pernit. o 33 tthe city Planner rePorted that he hae spoken with the aPPlicant and advised hin that ttre 'C-s' uaage in an area zoned "C-1' !ril1 require the granting of a 'use Permlt" by the Planning Cmission. ttre City Planner recomended that the required reports from the several- departments be first obtained and the city uanager was lto directed. 10. 'C{'LTURAI,' USAG E CITY EAI;TJ A cmunication dated litarch 12, 1969, wag read fro Urs. Eunice aI. Patchett, civic Beautification Chalt an, Garden Stud\r Club of the Peninsula, urging Council to PreEerve the Preaent City IIaIt for some cultural uae to retain its esthetic beauty value. CounciLrnan Geolge expreaaed his concern on the number of c@unications and requests that have been received by the City relating to the preservation of the City EaU and on hcrrr euch inquiries nay be angwered. ttle City llanager obaerved that the City does not have the funds available to preserve the builaling. Councilnan llartin, c@enting on a profesglonal rePort received by council s@e time prior, suggested that inquirerg be infotmed thattstructurally, the building is not aound.' llhe city Uanager was thereafter requeated to reply to cmunications received with approPriate exPlanation. 11. COI'NCII, APPOTNM4ENT QUESTIONED A cmmunication dated March 23, 1969, was read frorn Mr. Robert O.Delzell, 1345 De Soto Avenue, guestioning the decision of Counci I tofill a vacansy on council through aPPointment rather than throughelection procedure . ur. Bernard Bngela, 1117 Bernal Avenue, identified hinself as repreeenting filr. Delzell and to also state his interest in aeeking CouncilJ e reaaon for selcctlng a nembr through appointuent,:particularly when a local ne\rspaper editorial and intereated citizenEatlted a preference for an election. In reply, ltayor ilohngon advised that council deliberated at Eonelength and that the editorial appeared during this interim and priorto a Counci L decision. Mayor ilohnEon apoke on the urgenclr of filling the position, the slor procega in setting up an election, the coet thereof and the finaldecision of council to appoint a well-qualified citizen. trtr. Engle expressed his EatiEfaction with the c@nentg of the Chair. Itr. J. Ed IttcClellan, prminent Burlingame Attorney, addressed councilto conplLnent the members on their decision to appoint, rather thato elect, a member to council. 12. FEDERAL SIGN-SIGNAL CORPORA"ION A cqmunication frdn the Federal Sign and Slgnal Corporation, datedApril 2, 1969, written in behalf of Western Airlines International, advised that a conpletely u.nforeaeen circurastance has occurred andthe appeal to the decision of the Planning Coutrias ion in denyinga variance to erect a forty-two foot pole sign is therefore completelywithdrawn. 13.ST STER CIIY AFFI LIATION A cqutrunication waa read frm Dr. Bruce Vickers, National President,Sister eity affiliatea, and a resident of the City's Sister city ofolernavaca, lloreloE, l,lexico, proposing a program of exchange ofvLeits betr,reen the officials of the two cities. 34 RESOIJUTION Nq. 29-69. 'Deelaring Noxious and Dangerous WeedE andffi(uay 5, rg6g puuric hearing[ was introducedfor passage on motj.on of Counci &oan ceorge, seconded brlz Counci lnancrosby and unanimously adopted upon Roll call vote. RESOIjJTIONS RESOTUTTON NO. 30-69 appropiiation EnEEiEdwith the City of Burli who noved its passage, adopted upon Roll call "D<tending ceneral Contract for AdvertisingInto by the Burlingane Charaber of Cq[merce ngame ' was introduced by Counci lman lilartin, . seconded by Counci lman ceorge and unaniraously RE SOLUTION NO. 31-6q "Authorizing E:(ecution of Supplenental Agreement@r of Comneice' rras introduc-ei rJr pissage on motion of Counci I 'nan artin, seconded by Council'nrn Georgeand unanimouEly adopted upon Roll Call vote. Itr. P. R. (Brd) Taylor, President, Burlingame Chanber of C@erce,extended the appreciation of the members of the Chanber of Cmerceto Council for its appropriation and to also c@ead Cotrncil onthe eelection of ur. enstrup as a nenber of the city council. RESOLUTION NO. 32-59 "calli ng a Pub1ic Eearing to Determine t{het}rerFiblic LliEce-Ei ty, Health, Safety or Irlelfare nequires the formationof an Underground Utility District on Peninsula Avenue' (public hearing Atr ril 21, 1969) was irtroduced for passage on motion of Councilman Martin, seconded by councihoan croaby and unaninously adopted upon RolL call vote. ORDI}IA}ICES None SEVIER ItrNTESTIGATION REPORT ttayor irohnson announced Council'e receipt of a r Sanitary Serrers -Investigation and Report r prepared by the Office of the city Engineer, with a meloo from the City llanager, footnoted on the report under date of April 3, 1969, rec@ending the purchase of ! 'Illzdra Dlrlsamic' sanitary sser cleaner . tlhe City Engineer, at the regueEt of the Chair, reported verbally on the intensive study given to ae\rer problems botJ: in his Office and in the field. fhe city Engineer made reference particularly to areaE most prone to Eer.rer problems, his recorunendations therefor and his eEtinated coEta to correct deficienciea and to construct improvementa, intotal, an estsimated $32,5OO.OO. council was advised by t}re city Engineer that a Hydra Dy-NaBic was rented for a period of one rdeek at a cost of $300.OO to cleansanitary gser nains and is available for purchase in the a[ountof $16,300.00, less the rental fee, with a one year guaranty anddelivery on April 2L, L969; as an alternate, ner', equitrDent Ely be purchased in the Eum of $17,640.00, trith delivery forty-five days from date of purchase order. Councilman Uartin suggested that the city l.tanager be directed to purchase the equipment and that the Ci ty Engineer be authorized to prepare plans on the list of inprovements ProPosed for conEidera-tion with the 1969-197O budget. A motioo was thereafter introduced by Counci Lnan Uartin that thecity ltanager be authorized to purchase the set,rer jet cleaner in an amount not to exceed $l7r 54O.OO and seconded by Councilman Anatrup. On the question, Counci lman George referred to Council'e diacusgionat the study meeting to alloc.ate setrer rental fund s to Purchase the Eever equipment and, in reply to hig inquiry concerning ter s of purchase, the city Engineer confimed that tfie equiPnent nay be purchaaed by a one-third cagh dosn Palment, with the balance paid either by six egual monthly paleents or the total balance at ttre end of six months. A RoIl call vote was recorded as unanimous. COII{UI S SION APP OITTIT/IENTS vacancies on ttre Library Board, the Parking Cmission and the expiration of tema of tvro Planning Ccmission mernberE were referredto and the date for the suhission of names of candidatea was extendedto the regular roeetsing of Council on April 2L, L969. AIiINOT'NCEMENTS Irtayor Johnson announced receipt of the foll0vring: 1. I'he Annual Seminar on "Crime and Reseue HelicoPtera t on APril 9, 1969, Ilillvierv Airport, san irose i (referred to Chief of Police 2. A briefing prosrram of the San Francisco Bay-De1ta lrlater Quality Board' conducted by senior staff personnel in the Boad of suPervisors Chambers, Aprtl 10 at 10:00 a.m., and 3. A General ltembershlp luncheon, Burlingane Chanber of Comerce, Friday. April 11, 1969, Hyatt Eouae, with nenbers of ttte city councilparticipating in a "State of the City" progrran. ENGItrEERING EI,PI'EE COUUEIIDED A cmtrnication dated llarch 24, 1969, addreseed to the city !{anagerfron the City Engineer, advised that lttr. Robert Davidgon, AssiBtantCivil rngineer, has pasaed an examination and is nor a qualified RegiEtered Civil Engineer. A letter was directed Eent to !!tr. Davidson, extending the congratula- tionE of the City Counci I on his achievement. NEW EI.ISI$ESS POLICE DEPARTMEI{T COUMET{IDED counci lean ltartin advised of hLs receipt of a cffiaunication fro a e5 ACKT{OI'ITEDGEUENTS lfltre Chair ackncrrledged receiPt of the follotrrlng cormunications, reporta and ninuteE: 1. Legislative Bulletlns fro the League of California Citiea, dated llarch 21 andl April 2, 1969; 2. A Town affiliatton conference Bulletin and a ccmunication frcrn the I€ague of calLfornia citLeE. dated !,Iarch 19, 1969, concerning a payEent of dues to EuPport the 'sister city' Progran, 3. An invitation fr@ the Governmental Reaearch Counci I of San ltlateo County to attend an Annual Dinner at the ftrunderbolt Botel, Uillbrae, uonday, April 2I, 1959; 4. lte Post cmercial Printing, dated March 14, 1969, requesting the City's partlcipation in a forthcoling Fiesta Edition by contributing a 'story of the comunity in depttr' (referred to the Chanber of c@rerce) and 5. lllnutes fr@ the Librarl, Board, the Beautification c@riasion, the Park and Recreation coaission, ttre Parking cotmission and the Plannirrg Cmisgion and nonthly rePorta from the Librarian and ttre Police Department. 1. 36 local citizen ccrunending the actions of the Brrlingane Police Department in a recent handling of a juvenile problem. 2. SAt{ !,TATEO CCI'NTT MAYORS COI'NCIL Councilman uartin reported briefly on his recent attendance at a San [tateo County Council of MayorE' meeting, wherein a change in bylaws would pendt a one year term instead of a six nontha termfor officers and would establish a 'noaination' system of appointment Uo ABAG, etc. i and that appointmentE to West Bay RaPid TransitAuthority and to LAFCO have been !'ri thheld for a period of one month. Irlayor Johnson reported on her attendance at a recent meeting , on the subject of "Narcotics " in company with the 6lfe fof PoIiEe and Police Sergeant Gerald Nordstrom and on her Eeetingwlth l,{rs. willianr J. spangle on the subJect of "scenic routeE'within the County of San lrateo. Trhe city Planner reported briefly on his attendance at a recent meeting of the creater xj.ghway cqunission aE a representative ofthe city. EEARTNGS OP IOCAL AGENCIES Counci lnan Martin complimented the city Att orney on hiE cqrpre- hensive analysation submitted to the I€ague of California CitieE concerning "Eearings of Local Agencies and Lega1 Hearing Officers. " STDET{AIJ( SIiIEEPING DEMONSTRATION Tlhe city l{anager announeed that a sidewalk srreeping demonstrationwill be conducted at the intersection of Primrose Road and Burl-ingame Avenue, on Itrursday, April 10, 1969, at 9:00 a.m. IIERBERT rEcity clerk APPROVEDS 1 Ul-rM rr4-"/r'- CHARLOTIE JOENSON llayor 3. OTEER I'TEETING ATIENDANCES AD.TOURNMENT fhere being no further transactl on of business, the meeting t asregularly adj ourned at 11:55 p.m. Respectfully aubnitted,