HomeMy WebLinkAboutMin - CC - 1968.06.033T1
CIL.L TO ORDER
A regular r0eeting of the BurlingaDe City council was held onthe above given date. lbeting called to order at B:00 p.u. -llayor irohnaon in the Chair.
PI,EDGE OP AI.IEGIAI|CE
Burlingane, California
June 3, 1968
Diederi ch sen-ceorge- JohnaonCrosby-[artin (8:3O p.n. )
PreEent - Councilnen:Absent - Councilmen:
COMUUNICAT
At word fr@ the Chair, all in the Council Charnber arose and gavethe Pledge of allegiance to rhc F1ag.
ROLI, CAIJL
Uayor irohnson announced that Counci lman Crosby and Counci lmanU,artin would appear later in thc rneeting.
r,IINt ltsS
fhe approval and adoption of the minutes of the Eeeting of lrtay 20,1968, were waived pending tlre presence of a fuU Counci1.
I TEI{MATIVE-P INAT IIIAPS
ITiILLS ESTATE NO. 27
A cmunication waa ackncnrledged frm the City planner, datedlilay 28, 1.968, concerning a recmlendation frcrn the planning Cm-mission chat the tentativc and final naps of ttre subdivisi6ntitled 'tills Estate *27' b adopted.
2.ION REOI'ESTED ON
TENTATIVE-FXNAL I{A,PS }fiLI.S ESTATE #27
A cmunication frcn ur. stan schupp, Project l,lanager, Mills
EEtate No. 27 Subdivision, dated Ulay 29,. 1968, requesting the
continuation of action on the tentative and final maps thereofto June L7, L968, wa8 conaented to by counci 1.
3. REPOHf, RE: VARIANCE TO PERIIIIT TEE
RELOCATION GAR,EGE 1341 COLI,uBU S AVE
A ccmnunication fr6 the City Planner, dated Uay 28, 1968 advisedthat a requeat for a variance, filed hy I.{r. P. A. camPanile ,
1341 Colunbus Avenue, to permit the rernoval of a detached garage
fro ite present location to another separate property, orrned
by the applicant, was approved in principle ry the Planning
Cmniseion but waa referred to Council for final determination.
At the request of the Chair, the City Planner reported berbally
on the peculiarities of the property in that the t\ro parcels
are divided by a ten foot utility strip, asaumed to be orncdby thc city of Burlingae.
It was the reccrmendation of the city Planner that Council direetthe preparation of an appropriate docreent to pemit access overthe ten foot Btripr that the applicant prcsent to council anarchitect'a design t6 illustrate the t14>e covering that will concealthe util.ity lines; and that Council, upon consenting to the variance
and approving the docutrent and the utility covering, thereaftertake a forual action on the application to relocate the garage.
fhe City Attorney, in response to the Chair,s inquiry,stated that the subj ect is before Council because thi propertybeing used is ormed by the City and that in addition toreccmmendations of the City Planner, he would rec@end thata precise description of the area be furnished by ttreapplicant.
llhrough inquiries of Counci}nan ceorge, t{r. Catpani Ie statedthat he hae ohrned the property for aix years and that he rragunaware of the existing condition.
A neighbor, rhose property adJoins that of the applicant,advleed Council that frm his recollection of a transaction
Eany yeara prior, the City of &trlingae deeded the ten footEtrip to the property qemer of record of date and that inhia opinion, Mr. canpanile, the preaent owner, maintaingcontrol of the easernent.
t'he City Attorney Buggested that a title search would revealthe owner t that he would exanine, horrever, any docunent theapplicant may have in his possession concerning the easaent.
l,tr. Canpani Ie indlcated that he would pre8ent a deed to hisproperty to the City Attorney for examination.
Follolring further discussion on points that may be resolvedwhen the or*nerehip of the eaaement is confirDed, the subjectwas continued to the regular meeting of June 17, 1968.
4. AT{ZA PACIFIC AIRPORT PARKS NOS. 4 & 5
A memo frm the City Manager, dated ltay 29, 1958, referred to
ccmunications fron the Anza Pacific Corporation concerning
approval to Subdivision lilaps, Anza Airport Plrk Nos. 4 & 5
and recqmrending that the subject be considered at the June5th study meeting.
I{r. qyrus J. Uclrti Ilan, Attorney, in attendance to representthe corporation, regueEted that approval of the maps and diE-position of two collateral nrttera be considered at an adj ourned
meeting on ilune 5.
Council thereafter concurred to adjourn the c rrent meeting to
June 5 and that the subject be placed as ftem No. I on the Agenda.
5. , RENTAL AID PROGRAIII "
A meno fr6 the Ci ty Uanager, dated l{'ay 29, 1968. referred to acmunieation received frm ura. ltildred E. Oehler, 6 Lorton
Avenue, soliciting council assistance in initiating a 'rentalassietance program' withj.n the City of Burlingane.
f,he ci ty uanager advised, in a verbal report, that the Programis being funded by the Federal covernnent, and is available tocitiea who may participate by adopting a resolution signifyingapproval; the low-rental progran is available to single Peraons,to elderly couples and to disabled citizens with limited inccrnes;
and that a t/t!. Robert Uanning of the Rental Aasistatrcc DePartmentwill appear to explain the program to counci 1.
Council therealrr concurred to extend an invitation to Mr. llanning --to attend the July study meeting.
6. DE.NCE PERI,IIT - "FRIGATE "
A cmunicationfrm the city litanager, dated tltay 29, L968, re-
ferred to reports frm the Bealth, Fire and Police DePartnenta,
follovring inspections in connection with a request for a dancepernit for a restaurant-cocktail lounge. thc Frigate, at 1461
Burlingane Avenue.
812
318
lIhe reports were read, with that from the Fire Inspector indicatingthat the eEtablishment is Etil1 undergoing remodelling and that hisoffice recmrended that a "fire cl.earance' be conditionally approved.
Ur. Henry Cunnington, the applicant, in attendance, advised Councilthat the renovation will be coplete within ten days to tvro \reeks
and that the Building Inapector is to inspect the premises the
following day.
counci lman crosb!, moved ttrat a tetrporary sixty-day pernit be granted
subject to a favorable report received frm the Building Ingpector
and that in thc absence of adverse reporta within the sixty-dayperiod, the permit be autcnatically continued thereafter. llhe
motion was aeconded by Councilnan llartin and unanimous Iy caffied.
7. SOTMIIERN PACIFIC PARKTIre PROGRN{
A memo frcn the city Uanager, dated lil,ay 29, 1968, advised that ttre
digpute with the southern Pacific cqnpany concerning the latter'a
parki.ng progran continues wi th the company showing no inclinationto seek (1) approval of the building inspector as !o conEtruction
requirements, (2) approval of the city to use the city-controlled
driveways for its patrona access to the parking area, (3) a business
license by its operator, the Uetropolitan Parking Corporation or(4) a use perrnit as required hry city zoniag ordinances.
Itle City llanager auggested several alternativegs ttt the City(l) purchase the southern Pacific cmpany property if an agreement
can be reached on an equitable price; (2) set up charges for
ccmuter parking on property under the control of the city or (3)
to permanently block off the access to the southern Pacific
Ccmpany's property.
fhe City Attorney, reguested b1z Council to cmnent, referred brieflyto the hearings before the california Public Utilities Cmission
and its decision and order thereafter affecting Peninsula cities;that at the city of Burlingame hearing before the Comission he nadeit cleGr that it would be inpossible for the southern Pacific companyto operate its parking lot \tithout 'passing over' city property and thatthe issue of "juriEdictionr is one he shal1 continue to research.
Tihe City lrlanager, in reply to Counci lman l{artin, stated that the
southern Pacific company has offered to sell its propertieE to thecity and has suggested that this would be an appropriate time to
discuss a cobined station between Broadt ay and Burlingamei hourever,the question of the extent of parking reguired or who sould operatethe parking lot at a ne!, location has not been discussed.
counci lman llartin queetioned the City lrlanagrer concerning the anountof property onrned or controlled by the City adj acent to the SouthernPaciffc Conpany's parking strip and property north of Oak Grove Avenue,
who confirmed that the City maintains control but that he was unable
on this occasion to give an accurate accounting.
counci laan Uartin requested that he be furnished a map of the area
and observed that the City may be burdened with surplus propertiesif the purchaee of the Southern Pacific Cdpany propertiea is
consrlwnated and the latter, at sdtre future date, ccrnbines its stationsto a nel, location.
On the subject of property withLn the area owned by the San Franciaco
Water Departnent, and the knonrledge of its urmillingness to sell,
Councilman Martin questioned the Ci ty Attorney concerning theacquisj.tion of the property through eminent dmain proceedings. TheCity Attorney advised t}at he would investigate and report to Council.
Counci lnan lttartin reccrulended that the Souttrern Pacific Cmpanyberequested to submit a proposal to the City of Burlingme before anaction is taken \z Couneil.
FolLo^ring discuEsion cr a number of lssues appropriate for diEcussionwith the Southern Pacific Company, including the 'blocking off gfstreets" by trains and a better "naintenance of railroad crossings, ?
414
Council directed the City Manager to invite representatives fr@the Southern Pacific Conpany to neet with Counci 1.
8. RAY PARK DRAIIIEGE CO}IDITION
A co aunication fr@ the City llanager. dated ltay 29, L968. advisedof an improper drainage condition in Ray Park affecting theLincoln school play area.
The City l{anager stated that the School District has consented to
asEume one-half of the cost to correct the problem and ttrat it
was his reco[Bendat.ion that cost estimates be prepared by theCity Engineer on funds required to proceed with the project.
Council concurred vrith the recmrendation.
9. cr GARETTE TA)(ES E]EENDITURES
Uayor afohnson referred to a memo frm the Ci.ty Attorney, dated
tlay 28, 1968, calling the attention of Council to a 1967 legislative
amendment to the Revenue and Taxation Code relating to theclgarette tax, providing in part that fundE allocated to cities
and to counti.es " . shall be used for purposes which are ofintereat and benefit to the State. *
fhe City Attorney furthe r referred to an opinion issued bV theCalifornia Attorney ceneralrs Office on April 26, L968, in wtri chthat Office held that cigarette tax monies nay be used by the Cityonly for matters of statewide concern and that euch firnds should be
reserved in a separate account.
(he City Attorney advised that he has examined the Etatute, consideredthe opinion and concurs in ttre latter.
Tlhe memo frcm the City Attorney set forth a geries of expendituresby a c:$ which would be deened- for local or rnunicipal puiposes andnot of such general statewide interest as to petxrit the use ofst.ate funds.
In reply to council inquiries aE_ to rrhat uEe the City may apply fundsallocated fro cigarette tax morras, the City Attorney referred to a
I€ague of california Cities Icaislative Bulletin, dated lrtay 3I,1968, and read ttrertfrm the folloring excerpt.:
"A recent Attorney ceneral's opinion relating to the use of cigarettetax revenue by cities for certain state purposee has caused sane
concern among city officials and the I€ague vill within the nearfuture have a special bulletin on thie subJect. It is our viewthat there is no cauge for irsnediate concern, and, in addition,
we hope to have on the ballot at the Novenber election a biII whictrwill perrrit cities to place both in lieu tax revenue and eigarettetax revenue in local general funds.'
Following a brief discussion, the City Attorney suggested that Counci 1await the apecial bulletin of the I€ague to be released soon.
On the subject of *in lieu" taxes, Counci lman George recmendedthat the City lrtanager ascertain the possibility of an increage inthe population of the City of Eurlingame to qualify for additional
gaa tax funde.
TTINUTES
Trhe minute8 of the regular meeting of trtay 20. L968. sutnitted to
Council previously and action withheld to permit the attendance ofa full council, rrere approved and adopted.
RECE SS
A recess was declared by the Chalr at 9:15 p.n.
31s
CALL TO OTIDER
fhe neeting rras reconvened by ltlayor Johnson at 9:25 p.n.
RESOI,T'TIONS
A seriea of Resolutions pertaining to the 'ciqi of Burlingame
$850,000.00 ltunicipal Inprovement Bonds of 1968, First Division,
rlere acted upon as follcrtrs:
RESOLT TION NO. 38-68 'A lleaolution Approving Official Notice of
Sale and ProEpectus - City of Burlingane - $850,000.O0 Municipal
IBprovement Bond 8 of 1968 - First Division' was introducedfoi passage on notion of counci Lnan Georgel seconded try councifunan
Crosby and unaninous ly adopted upon Roll Call.
RE SOIITTION NO. 39-58 "A tGaolution Authorizi n9 Execution of Paying
Iqency Agreement - It{unicipal Inprovement Bonds of 1968 - First
Division" was introduced by counci lman George, who raoved its
passage, seconded by Counci Lman Crogblt and unanimously adoPteduponRoll Call.
RESOIITTION No. 40-68 "A ltesolution calli ng for Bids on $850,000.00FirEt Division of city of Burlingane llunic ipal Improvement Bonda of
1958" was introduced for pasgage on rnotion of Councilman George,
seconded by councilnan Diederichsen and unanimous Iy adopted uponRoII call-
RESOII'TION NO. 4I-68 "A ReBolution Providing for the la6uance of
S850,000.00 Principal Anount of city of Burlingarne trtunicipal
InproveDent Bonds of 1968, Firet Division, Being Part of an Iasueof $1,250,000.00 Authorized at an Election Held in Said city oD
October 10, 1967; Prescribing the Date, Denmination, Form and
Numbers and Datea and Amounts of llaturity of the Bond s and Coupons iFixing the l.taximun Rate of Interest ttey Shall Bear, and Providingfor the lcv)t of a TEux to Pay the Principal and Intereat fhereof -City of Burlingame t{unicipal Inprovenent Bonds of 1968 - FirstDivision' r{ras introduced by Counci Lnan George, who noved its passage,
seconded by Councilnan Crosby and unaniBous ly adopted upon RoIl Ca1l.
Councilman George, referred to a co munication fron the Ci ty lrlanager,
under date of Februarlz 2f3, L968, stating that 'the city should haveavailable for the first half of this construction, cash in the amountof approximately $?50,000.00,' questioned the period of time inwlich fund s should be available to meet the deraand s of the contractor.
schedule
Councilnan ltartin stated that a progrees palroent,/i s under ttrejuriedietion of the Ci ty of Burlingae'and suggested that a schedulebe prepared by the office of the city Engineer.
ORDINA}ICES
None
coMtitl ssI ODI AP D
A nerlo frm the city Uanager, dated l,tay 28, 1958, advised thatincunbent ccruriasioners have signified a desire to continue to serveon the folloyring corEnissions: Library, UrE. Edith cohendet, park,
John U. Fisch and A. Woods Gibersoni Recreation, Urs. Betty L. Iane
and Robert Icnardon and that a vacancy existE on ttre Library Boardvrith the reaignation of D. Wayne cuthrie, who has relocated to anotherclty.
ACKNO?TIJEDGEUENT S
t'he Chair acknorledged receipt of the following ccmnunicationE: frqnthe Chairman of the United States Senate Comittee on Finance andfrm the l€gislat.ive AsEistant t.o Senator Trhomas H. Kuchel, acknorl-edging to the City Irtanager the request from Council that o E. R.
L624L, " rs, Grpirt:lOir frqn the tax on air transportation be opposed;.
3t6
the President's Council on Youth Projects, referred to Counci lmanCrosby, Wilson, Jonea, !{orton & Llmch, su}rnitting xa projectionof bond service' tE, will reduce the total interest cost on the
Sewage Treatment Plant bonds; City of Santa Fe Springs urgingaupport of the passage of A. B. 1203, increasing the penalty
asseEament on desigtrated traffic offenaes frm 93.O0 to 95.0O; andlitinutes frorn the ParkLng Coruoission, the Library Board (and reportfrm City Librarian) and the Planning Ccmmiasion.
PROCI.AMATIONS
Itlayor ilohnEon iEsued the follqing proclarnation s arune 9 - 15, 1968,
"National Flag week' and announced that the Baha'i Faith Foundationhas re uested that within the n€xt two rreeka, a proclanation be
iEsued declaring 1968 as *Hurnan Rights Year,' advising that shewill attend a meeting with the membera on irune 17.
A}iINOUNCEME }TT S
The Chair ann6unced that the Bay Area Air Pollution Control District,in a cmlunication dated lt{ay 22, L96A, has extended an invitationto Council and tmemberg of the City's staff to attend a public
meeting in the san llateo County tirpe rvi sor s Chanbers, at lO:O0 a.n.,
fhursday, June 6, 1968, soliciting the cooperat ion of public
officialE in fornulating answers to the -probleo of backyard burn-ing.' fhe City Uanager stsated that the Chief of the Fire DepartDentwill be in attendance.
A further cmlunication, from the California Traffic Safety Foundation,
dated uay 27. L968, announced that the lf6en's council of the
safety Found ation is sponeoring a conference of Wcmen Bighway safety
Leaderg in Sacranento on aruly 24, 25 and 25. the cmunication was
referred to the Clty Clerk for filing.
UAPINISEED BUSTNESS
1. ST. PAT'I."S EPISCOPAI, CTIURCE RE3
REUOVAL OT' TWTHOUR PARKING LII{IT
In reply to llayor ilohnson'g inguLry, the City ltanager advised that a
reguest fra menbers of St. Paul's Bpiacopal vestry for the removalof the trro-hour parking reatrictions on Occidental Avenue betvreen
Bellevue Avenue and Chapin Avenue has been referred to the Parking
c@ission with a public hearing scheduled by the ccmi8sion to be
conducted at its aruly, 1968 meeting.
2. RECIOR-CeDIIJAC REVOCABLE PERI.IIT
Counci lman Diederichsen questloned whettrer tle City has been rQceiving
palmenta frm the Rector Cadillac company. under tenns of a revocable
pernrit authorizing ttre agency to lease a parcel of city ProPerty for
the prrpoae of the storage of autmobiles.
A brief discusgion concluded that palrnenta have not been received and
the City lilanager vras requeated to notify the agency that Palmenta are
ncrr due --td payable and that his Office report to council at the next
study neeting.
AIINUAL COIO{T'NITY DINNER-
CITY ANNIVE C{TIIUEMORATION
l,tr. willian Hauaer, General llanager, Burlingame Chanber of ccmerce,
reninded Council that Tuesday, June 11, 1968, the Ihrenty-Fourth
ennual cqmunity Dinner would be held in eonJunction wlth the
ccmmemoration of the city's Sixtieth Anniveraary of incorPoration.
8.L?
AIT'o('RNUEltT
fhc rneeting nae adj ourned at 10:10 p.n., in respect to the neoorie!of Eni lio Corteai, former llayor, City Counci lman and civic leaderin the city of South San Pranclsco and Police Sergeant cordontoinville, of the city of San llateo, to meet on Wednesday, June 5,
1968 at 8:OO p.n., to consider requeEts of the Anza Pacific
corporation and ottrer nattera reguiring formal council action.
1[he families of the abovenentioned were requeEted to be notifiedof Council action.
r€spectfully subrnitted,
EERBERT K. I{IIITE, CITY CIJERX
APPROTTED:
iroEtssoN, MAYoR
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