HomeMy WebLinkAboutMin - CC - 1968.04.152AL
Burlingame. California
April 15, 1958
CAIL ?O ORDE R
A regular meeting of the Burlingame City Council was H.d on the
above given date. Uayor Pro Tempore Johnson, acting as Chai manat the request of ltayor Diederichsen, ealled the meeting to orderat 8: 1O p.n.
PIJDGE OF ALIJGIA}ICE
At word from ttre Chair, all
Pledge of allegiance to the
ROLL CALL
Present - Councilmen:Abeent - councilmen:
the
49.
in
FI
Council Chamber arose and gave the
Di ederi eh sen-George-if ohn aon-llartin
crosbDT
Counci Iman Crosby,
UINI.IEES
absent frqn the city, vras excused.
lfhe llinutes of the regular meeting of April 1, 1968, sutmitted to
Council previously, corrected to record that Councilman l{artin (1)
was appointed to serve on an ABIIG 'special advisory" rather thana "finance " ccrurittee and (2) did not concur rrith a atatement ofthe city Engineer regarding maintenance of a sewer on cortez Avenue,\rere thereafter approved and adopted.
1. APPEAI RE: VARIAIICE TO MAIIiITAIN
STORAGE LOT ON HIGHIAND AVENI'E
A csmunication \ras read, dated March 27, 1968, bearing the signaturesof Mrs. John Perry, Ul ltighland Avenue, Mrs. Edith v. Sofos, 115
Highland Avenue and l.Es. Jeanette Dessin, 119 Hightand Avenue,
appealing the decision of the Planning Commi ssj.on in granting approvalto the Butlingame lilotor cqnpany to maintain a storage lot for autosat 145 llighland Avenue.
l,layor Pro Tempore Johnson referred to a change that occurred during the
course of hearing on the application and quoted frqn the Uinutes ofthe Planning Conmrission, under date of litarch 25, L968, wherein it was
recorded that " Chairman cistulli recognized ur. Jerrold 1,. Bro&erg
who requested that the application for a variance be amended to providefor a parking lot for ner'r, used and,/or employees vehicles. "
A letter read b1z the Chair frm the city Planner, dated April 12, 1968,
advised that the property on the vreEt side of Highland Avenue is zoned
R-4 (apartrnent, ) and the east side, zoned C-2, Ls exclusively in use
by autonobile servicesr the propesed parking lot is inrnediately tothe south of and adjoins the city parking lotr it was the opi.nion ofthe Comniesion that the installation of the proposed lot would appearas a wideni.ng of the existing lots and in approving the use thereof,
imposed the follohring conditions: (I) Landscaping and paving to meet
code requirements i Q) tat to be used for enplqgee parking, new and
uEed cars (no junk or wrecked carsr) (3) Slattea chain link fenceat wouth side and at read of property and ( ) no sign displays.
llhe hearing waE declared open bV the Chair and the app..lantE invitedto Oment. -
MrE. J&n Perry, 111 Highland Avenue, stated that the propoaed use
would aggragate an exiEting condition, that the Police Depaltment
hag informed her that the lack of manpcrer foreEtalla the patrolrun
HEARTNGS
282
frcm euffiGiently patrolling the area to eliminate parking violations
and called attention to an open se!'rer vent on the property.
urs. Bdith v. sofos, 115 Highland Avenue, questioned "proof of hardEhiP "a requisite to approving a variance and pointed out locations in ttre
near\r vieinity available for the use proposed.
fhere being no further cqrment frqn the apPellBnts, those in favor,
were invited fu the Chair to speak.
Ur. James E. Minto, Vice-President, Jones-llinto Ford Sales, 10ICalifornia Drive, replying to the reference to the availability ofproperty in the imnediate vicinity, advised that the cost factor to
acguire the property would be prohibitive and conunenting on the
amended proposal to provide off-street parking, Etated that \.rith
landscaping and paving included as a condition, the proPerty trould
be an asset, rather than a detriment to the neighborhood.
Mr. Minto, speaking on the grcFth of the automobile industry in thecity of Burlingane, adding to its economy, further advised that
Irtr. Brqoberg has been engaged in this field since 1932 and in his
opinion, would uphold the conditions set forth.
lfhe Chair referred to Mr. Brornberg. who advised that upon approvalof hie application, each condition imposed by the Planning c@risaionwill be cmplied with.
Ttle city Engineer, in reply to the Chair, advised that his Office willinvestigate the open seqrer vent reported.
Councilnan George queationed ttr. Broberg on the Etatement,a of the
appellants in their cmmunication reith respect to noiae froa ]turned-up" radios and also the area wherein danaged cars will be unl.oaded.
Ur. Brqiberg advised that he has alerted the to* truck drivers to
reduce the volume of their radios and that ears tcnred in will be
unloaded and stored exclusively on the lot adjoining the body shop.
To further complaintE, Mr. Brqnberg suggeEted that he personally b
informed of nuisances created b1z noise and advised that he woulderect a fence on property housing the body and paint shop to screenunsightly cars and car parts.
!lr. Bromberg, in reply to Mayor Diederichsen, stated that the lot rrould
be used primarily during the day and would not be illuminated.
fhe City Planner, in reply to Councilman Uartin, s tated that the
grounds surrounding the sidewalk and drivenay areas are unkept andunsightly.
Also in reply to Councilroan lrlartin, that lErking lots are not limitedto a particular zone, the city Planner confirmed that the applicantis
amended proposed may be considered under the category of a "usepermit. "
Photographs of the storage yard adj acent to the body and paint ehop
taken frm I15 and 117 ltighland Avenue, across the Etreet therefrol,
and a photograph taken of the proposed lot on 145 Highland Avenue,
sulmitted in evidence to support the s tatements of the appellants
were revietrred by Council.
counci lman Martin suggeEted that the applicant erect appropriate
fencing to encircle the body and paint shop lot.
Chi.ef of Police Lollin, questioned by councilman llartin concerning
an appellant'a reference to "lack of manpo*er " stated that he waE
unable to identify the officer issuing the stateloent, advising that
flagrant violations are cited, ho^rever.
councilman uartin suggested that officers patrolling the partiqular
area, use diEcretion-in policing violations of privite reiide6les.
fihe hearing thereafter was declared closed.
283
A motion introduced bry Counci lman George to aPprove the use Permitwas amended by a motion frcin Counci Lnan Hartin that the conditions
include that the planting strip and the drivevay area be made cIean,
seconded by councilman ceorge and unanimous ly carried.
Councifuian c€orge moved that Council uphold the decision of the
Planning cofinission and that a use permit be granted to the applicant,
subj ect to conditions inposed \, the cdnnission and council. lhe
motion r.tras seconded b], Uayor Diederichsen and unanimously carried.
TIEARINGS (2)
ADOPTION OF FIRE PREVENIION CODE
The Chief of t-he Pire Department, at the request of the Chair, outLined
the basic changes that have occurred in the 1965 edition of the FirePrevention Code, including (1) Strrrinklers reguired in basements undercertain conditions; (2) Increaee in permit fees for the installationof underground tanks and (3) Increase in the maximum size of under-
ground tanks.
Councilman ceorge recommended that the hearing on the proposed adopti onof the Fire Prevention Code be continued until a full CounciL is
Present and more particularly to accomtrodate a dorrnto\^rn property crwner,
absent on this occasion because of a prior corutitment, who will beaffected by the section requiring sprinklers in basements.
Councilman Martin suggested that the proposed ordinance be adoptedwith the first paragraph of Section 17 (sprinkler requirements) deJ-eted
and subnitted as an anen&nent at a later date.
llhe City Attorney reminded Council that the particular type of ordinanceunder consideration by Council cannot be amended and adopted on the
same date.
the Chair acknorledged the presence of Mr. Gilbert Rodli, Jr., President,
and ilr. Willian Hauser, General lr{anager, Burlingame Chamber of Corunerce,
who stated that no protests have been received frqn the members ofthe Chamber of Cqrtrnerce to provisions of the proposed Fire Prevention
Code.
Fol lovring a brief discussion and upon advice frqn the City Attorney,
on procedure to delete the questioned sectj"on, Counci lJllan Martin
moved that Ordinance No. 879 as it was introduced for first readingbe anended and that Section 17.040.210 read as follotvs: "17.04.210 -Anendment of Sec. L4.4a - Sprinklers Requireed in Basements: Sec. 14.4a.of the Fire Prevention Code is deleted. " lfhe motion was seconded by
Counci lman Diederichsen and unanirnously carried.
The second reading and adoption of Ordinance No. 789 was continued tothe regular meeting of Council on !,!ay 6, 1968.
The Pire Chief and the City Attorney were directed to prepare a
second ordinance incorporating the deleted Eection therein for pre-
sentation to Council and first reading.
HEARINGS (3)
I{EED ABATEUENT PROGRAII
fhe Chair announced that this was the time and place scheduled to conducta public hearing on the Annual Weed Abatement Program, at which time
obj ections to the proposed reraoval of r,reed s would be heard and given
due consideratioD by Council.
Ihe hearing was declared open and there being no one present to object
and no csurunications received in protest thereof, the hearing vrasclosed.
284
RE SOLUTION NO. 29-68 "Orderi ng Destruction of Noxious and
Dangerous weeds and Rubbi sh a Nuisance in the City of Burlingame "oas introduced by Counci Iman George who moved its passage, seconded
by trayor Diederichsen and adopted unanimously upon RoIl call.
CITY HALL ARCHITEST S MEETING
A meeting with Council and the ArchitectE selected to prepare plans
for the new City tlall rrraE echeduled for lttonday, ApcLL 22, 1968 at
7:30 p.m.
1. PUBLIC UTILITY EASEMENTS
ANZA PACIFIC CORPORATION
A cqrununication frcrn the city llanager, dated April ll, 1968, advisedthat deeds of easement for public utility purposes over AnzaPacific properties has been received from tfie Anza Pacific corpora-tion and it was his recqrunendation and that of the Director ofPublic ltlork s that a resolution be adopted to accept said deeds.
RE SOLUTION NO. 30-68 "A Resolution Acce pting Deeds of Easement -Bayside Improvement District" (public utility facilities - Etom
drainage facilities) was introduced for passage on motion of
Counci lman ceorge, seconded by llayor Diederichsen and unanimously
adopted upon RoII Call.
2. A}iIZA PACIFIC CORPORATION REOI'E CT
FINAL APPROVAI, A}IZA AIRPORT PARK #4-+5
A comrunication frm the Anza Pacific corp., signed b1z David Ir.
Keyston, D<ecutive Vice President, dated April 8, 1958, advisedttrat all of the construction contracts under the first phase ofthe Bayside Improvement District #4 have been let and bonds have
been posted by aII the contractors and it was therefor requestedthat the Si.rbdivision uaps for Anza Airport Park {i4 and #5 be finally
approved.
the city Attorney advised that legaIly, Council cannot take anaction until a Subdivision Agreement is filed by the developer.
Follcffing a brief discuseion on the responsibility of the subdividerto furnish the City with assurance that improveraents will be
ccrnpleted, the subject matter qras tabled.
3. CALIFORNIA HIGHTIAY COMIlISSION
POLf CY RE: IIIGI*IAY PROTECP S
A ccrnrnunication frcrn the California Highway Cqnnission, datedApril 2, 1968, referred Council to a resolution adopted b!, that
agency, statj.ng their policy on the planning and design of highr,rayprojects when parks are involved.
trhe City ltlanager was requested to refer the resolution to mernbergof the P lanning Courission.
*. WEST BAY RAPID TRANSIT AUTHORITY
A cqmunication frqn John C. Lilly, General l{anager, West Bay
Rapid Transit Authority, dated l.{arch 2O, 1968, announced that afilrnstrip portraying the extent of and the suggested solutionsaffecting the transportation habits and patterns of San llateo
County residents, is avail,able for Council revie\^r. 'flre cornmunication
was acknorledged and filed for fueure reference.
5. CI"Y OF SAlil ANS:EtltO RE: COMMTIPER TAX
A ccnrmunication waE ackncrrledged frqn Arthur W. Strith, ltayor of thecity of San Anselmo, dated uardl 29, 1968 notifying govcmments
COMMI'NICATIONS
285
6. SAIfPA CI,ARA COT'N:TY RE!
REGI ONAI., GO\TE RTIMETI'T IJGISI,ATION
A cqununication \.ras ackno^rledged from the Board of SuPervisors,
County of Santa Clara, dated April 10, 1968, solicitj.ng suPPortin urging legislators to endorse Assembly constitution Airendment
No. 30, giving the voters in the San Francisco Bay area the rightto vote on the questions of the formation of a regional government.
7. DIVISION OF HIGHWAYS
CALIFOR}IIA F'
A cqrununication frqn the Department of Publi c works, Division of
Highways, dated April I, 1958, advised that tshat agency is
as semblyin! factual information to report to the 1969 LegisLature
on the progress made in developing the california Freeway and
Expressway system and to make recqnrnendations for any additionsor deletions thereon.
Council and/or representatives were invited to attend a meeting in
Roqn l0l in the County Office Building in the San Mateo County
Government center, Re&,rood city, at 2 p.n., on April 18, 1968, to
diseuss the procedure and general principles involved in a studyof the suJ:j ect.
fhe City Engineer advised Council that the city will be representedat the scheduled meeting.
8. I{E gT BAY RAPID TRAIISII AIITHORITY
E)(IEND INVITATION IO TOUR FACILITIES
A coEnunication frqn !tr. wiUian R. Lavrson, Chairman, ulest Bay
Rapid Transit Authority, dated April 2, 1968, extended an invitationto council to select a representative from council to participate
in a helicopter tour of Bay Area Rapid Transit District constructionsites and facilities.
Mayor Diederichsen consented to represent the city on that occasion.
FESOIUTIONS
RESOLUTION NO. 3I-68 I'Urging Citizens of the City of Burlingame to
SUPPORf Students of liills Eigh School in :fheir Proposed Suuner (1968)
four of Europe " was intrriduced t1z Counci}oan George, who moved itspassage, seconded \z Councilman l.{artin and unanimously adopted upon
Ro11 ca1l.
I"layor Pro Tempore irohnson announced that a letter of introduction to
the Mayor of Athens, creece, f rcm ltlayor Diederichsen has been prepared
for student present,ation.
ORDIIIANCES - Introduction thereof:
T'he City Attorney advised that his Office has received verbal approval
from the San Mateo County Department of Public Health and Welfarewith respect to a draft of a proposed nilk ordinance prepared for
consideration of CounciI.
councilman George advised that he has received a cqnrnunication frsnMrs. Delores Huajardo, l-40O columbus Avenue, dated April L2, 1968,protesting legislation against the sale of raw nilk.
ORDINATiICE NO. 881 "An Ordinance Mding Chapter
I'tunicipal code and Regulating the Sale of Milk
Burlingame, was introdueed for first reading \l
8.in
c
13 'l,tiIk' to thethe City of
ounci lman George.
Councilman Uartin referred to reprinted publications frqn the "NewOutlook I'lagazine " and the "National Health Federation Bulletin"
of all counties and cities in the Bay Area of the strong
disapproval of that city to a corunuter tax proPosed by the Irlayor
of san Francisco.
286
ORDINANCE NO 880 "An Ordinance of the City of Burlingame tunendingter 12.16 of the Municipal code and Establishing Regulations
and Procedure for the Removal of Overhead Utility Facilities
and the Installation of Underground Facilities in Underground
:Utility Districts" was given its second reading and upon moti on
of councilman l{artin, seconded by Mayor Diederichsen, said ordinance
passed its second reading and was adopted by the follo,eing Ro1l
CalI vote:
Ayes: Councilmen:Noes: Councilmen:A ebsent Councilmen:
Die deri ch sen-George-if ohnson-llarti n
lilone
Crosb['
1. REDESIGN EAST SEAS/ICE ROAD
BURLI NGAIVIE PIAZA-EL cIt/tINO REAL
A cqrununication frqn the City Planner to the city uanager, dated
March 21, 1968, recited facts regarding the proposal to remode 1
the parking area on the El Camino Service Road and advised that acurrent p1an, approved by both the Park and Parking Cqrunissions,
reducing the number of parking spaces, has not met with the approvalof the property o\,vners.
The City Planner recorrnended that the subj ect be held pending
reeeipt of word from ur. CarI Snyder, who originally proposed theproject.
Follc'wing a brief di.scussi.on, the City Manager was requested toobtain a definite reply fron ltlr. $ryder and/or the property ctumers.
2. SEWAGE PIAMT CONSTRUCTION BONDS
A memo frorn the City Manager, dated April 11, 1968. advised thatinvestigation into the manner of offering general obligation bond sfor the sale of S€wage Treatment Plant Construction Bonds, indicatesthat a dual method of offering the bonds is not practiced and theCity, therefor should sell bonds in a lump sum in the total amountto be sold.
Discussion arose wherein Counci lmar Martin and Counci lman ceorge
questioned the City Manager for reasons to substantiate his statementthat an alternate method is not acceptable.
fhe City Manager advised that bidders, prior to sutraittj.ng bids,
obtain cownitments for the sale of bonds and sorne may be reluctantto bid in the belief that an alternate method may jeopardize their
cqllmitments.
The City ltanager rras requested to invite Mr. Kenneth I. ilones, bond
counsel, to be pEesent at the next meeting of Council, to explain
and to recornroend an appropriate legislative procedure.
3. CIjERNAVACA PARK IMPROI/EMENTS
A memo to @uncil from the City l'{anager, d ated April lI, 1968,
advised that if there are no obj ections to the final and detailplans for improvements in Cuernavaca Park, bids wiLl be advertised
and the results referred to Council for an award of contract-
Ihe city Manager was authorized to proceed with the advertisementfor bids.
on the advantages of "certified" mi1k, acconpanying the csnrnunication
frorn Mrs. Huaj ardo, requesting that they be made a part of the
record and that copies be forwarded to him.
ORDIIiIANqE s - Consideration thereof :
I'NFINISIIED BUSINESS
287
4 TREATI'{ENT PI,AM BIDS
A memo to council, dated April 11, 1968, frqn the eity l,lanager,
presented a tabulation of bids received Tlhursday, April lL, 1968,for the construction of the Waste\"rater Treatment and R€clanation
Ilorks.
In reply to Council inquiries, the City Engineer advised that
Beveral error8 in addition erere noted and that the revised bid
suhnitted by the s & O c6npany, South San Francisco, the lourbidder, is in the total anount of $1,312,915.00.
lfhe City l{anager advised that the tabulation, acconpanied by additional
forms, must be first fonrarded to the FederaL Government, with
council thereafter awarding the contract.
5 . STREET I.,IGIITING REPORT
BROADITAY- LAGUUA AVENUE S
I{IAW BUSINESS
1. "@.,.GRA}ra_rw.mr
At the request of Counci Iman lr{artin, the City }lanager was directedto communicate with Ur. Donald Pol1ard, Regional Director, Planning
Brarh of HtD, on the status of the $45,000.00 grant anticipated
trfr the CitY.
Councilman Martin moved that the City lilanager notify Senator RichardJ. Dolwig, that the City Council of the City of Burlingame reaffirmsits position with respect to SB 23I, affecting the conservation and
development of San Francisco Bay. lIhe motion was seconded by councilman
ceorge and unanimously carried.
PIANNING COMMI SSION APPOIMTMEMT
Uayor Pro Tempore Johnson reconunended, with Council thereafter con-curring by a motion introduced by t-layor Diederichsen, seconded by
Councilman George and carried, that the Planning Cqnxrission beincluded in the membership of the City Improvement Comnittee.
4. REGI O}IAL PIANMNG COMMI SSION
fhe City Planner hras requested to place on the next agenda of thePlanning Cornission, the matter of selecting two members frqn the
Planning Cqmnission as representatives to the Regional Planning
Cqrmtission-
CIIAIIiBER OF COM}48 RCE LT'NCIIEON
IUayor Pro Ternpore ilotrnson announced that the Brrlingame Chamber of
Conunerce has scheduled a luncheon meeting on Friday, April 26, atthe Hyatt House, at \rrhich time Couneil members were invited to speakon several topics appropriate to the thenre "Burlingame Faces the
Puture. i' Council thereafter individually selected the topics oftheir choice.
A comnunication Lras acknorledged from the City Engineer, dated
Apri.I 4, 1968, advising that as requested by Council, his Office
has investigated the street lighting at the intersection of Broadway
and Laguna Avenues and an order will be placed trith the Pacific Gas
& ELectric cqnpany to install an additional light on an existingpole approximately one hundred feet frcrn the Village Host Pizza
Parlor.
On the subject of street lighting, Councilman ltartin reguested theCity Engineer to confer lrith the P. G. & E. Co., on the possibility
of diffusing a bright light recently installed at the front of his
residence.
2. SB 231 - BAY CONSER1IATION
3.
5.
288
ACKNOWLEDGEMENTS
(he Chair ackno,vledged receipt of Minutes from the Parking ccflEnission,
the Eealth, Safety & Traffic Caunission, a joint meeting of the Park
and Recreation conunissions; reports from the Fire and Police f,)ePartments ta resolution of the North San l{ateo county council of Cities favoringthe adoption of legislation exempting improvements to single fanily
hcmes frcm increased property assessment and taxationi a cqmnunica-tion frqn !1r. Robert O. Delzell, coruneading Council on its position
concerning sB 231, an announcement from the l.layor of san Franciscowith reference to a conference to be held in that City on lray 17
and 18 and an announcement on the San llateo County Regional Problems
Seninar at the llyatt House on April 20.
On the subject of the
Counci 1 was requested
ance and to ascertain
Cqunittee on Bay Area
Seminar, whether city
forthcoming Seminar for Council members,to notify the City Manager of their attend-frqn Assemblyman L€o J. Ryan, member, iloint
Regional Organization, co-sponsoring thestaff merobers can attend.
Ihe City Planner distributed copies to eouncil entitled "Report on
Capital Improvement Budgeting - 196I-1967'r requested \l Councilat its last study meeting.
WARRANT APPROVAL
warrants, Month of April, 1968, NoE. 357-550, in the total amount of
$14I,528.69, duly audited, \dere approved for palment on motion of
Councilman George and seconded by Councilman uartin.
PAYROLL APPRC'VAL
Payroll warrants, Month of March, 1968, Nos. 7685-8230, in thetotal anount of $153,050.70, rrere approved on motion of Councilman
George and seconded by ltayor Diederichsen.
CEM/ASS EI,ECTION RETURNS
fhe Chair announced that Council would meet at 8:00 o'cIock, p.m.,
Tuesday, April 16, 1968, to Canvass Election returns of the ceneral
Municipal Election held in the City of Burlingame on April 9, 1968.
ADJOURN}'IENT
Ihecmeeting was regularly adj ourned at 11:00 p.m.
Respectfully subtritted,
}IERBERT X"TE
Ci ty Clerk
APPROVED:
WER}iIER H. DIEDERICHSEN
II{AYOR