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HomeMy WebLinkAboutMin - CC - 1968.08.1935ts Burlingame, California August 19, 1968 CALL 1O OR"DER A regular Eeetlng of the Burlingame City Council was held on the above given date. Meeting called to order at 8:05p.rn., - Mayor Johnson in the Chair . PLEDGE OF ALLEGIANCE At word from the Chair, allthe Pledge of Allegiance to ROLL CALL in the Councll Chamber arose and gave the Flag. Crosby- Die de r ichs en - Ge o rge - Johnson-1,!,art 1n None Pre sent Absent - Counc i lmen : Counc ilmen : MINUTES The Minutes of the prevlous meeting of August 5, t968, submittedto Council previously, were approved and adopted. HEARINGS I GUIDO J. LORENZI APPEARL RE: EPISCOPAL CHIJRCH RESUBDIVISION Mayor Johnson referred to a costtuunication received from Mr. Guido J Lorenzl, 2815 Frontera Way, appeallng the decision of the Planning Co'r'mission in approving a resubdivision of property innediately adjacent to his and owned by the Protestant Eplscopal Church, with- out due consideration glven to his inquiry concerning deed restric- tions to provide for land terracing. The Ci Coomis v is lng there is sue tysitis be Attorney, questioned by the Chalr, explained Planning on procedure in matcers of subdivision applications, ad-hat an orrner is prlvileged to resubdivide property if a compliance wlth provisions of the Code and that thefore Council is not within its jurisdiction. Mr. Harold tlartin identifled hinself as spokesoan for the Church,stating that he would respond to any corments Council uray directto his attention. Councilman Martln and Councilman Crosby, acknowledging that Council cannot legally conduct a hearing on the appeal, each expressed aninterest in belng appraised of the reasons therefor. The City Engineer presented a parcel map to Councll for review and briefly explained the lntent of the subdivislon. l.layor Johnson thereafter invited Mr. Lorenzi to cotrment on his appeal. Mr. Lorenzi explained that lf the subdivision is developed in conformity with other propertles within the Mills Estate he would have no objectlon; the questlon to be clarified is whether thebuildlng sites wlll be terraced in a ruanner to preserve the viewof properties adjacent and that in his opinion, some preference should be extended to the existing property ordners. lhe Chair referred to Mr. l.lart Ln, who stated that the present owner has the right to divide the lots into four parcels and remlnded Councll that the sEtter is beyond its Jurisdlctlon vrith regard to how the property will be developed. Mr. llartln further stated that Legally the Church is permltted tobuild upon its property to a height of forty-five feet and witha splre added, to a height of seventy-five feet, which, in hls opLnion, would be more detrimental Eo the vlew of the property ovJner than the construction of a resldence when said property is subdivided. 354 In reply to Council, the Clty Planner stated that the lot ad-joining the Lorenzi property can be built upon without much additlonal grading; that the Church, in selllng to new buyers, could, if it so desired, include a restrlction requiring confor- mance with the existing grading pattern. Ur. Martin, ln reply to the City Planneris coument, stated thatto impose a restriction as suggested, would be unfalr to the present oYrner. A sketch v,ras presented to Council by Mr. Martin to indicate a "drop of approxiuately sixteen feet" between the Lorenzi proper- ty and the Church property to justify his prior statement that the construction of single farnily homes would not interfere with theview of adjoinlng property orrners. Further discussion continued with CounciLman Martin confirmingthat while Council is wlthout legal authority to impose restric-tions, in his opinion, as a gesture of "nelghborliness" andt'accoooodationtt to the adjacent ovJner, a concession should be made. I'he statement of Councilman Martin was briefly debated by Mr. l,tartin. There being no response to Councilman Martinrs request for an expressed opinion from the Vicg and/or members of -the Episcopal Church, in attendance, the issue was withdrawn from the Council. agenda. Counc ilrnan tlartin recorrended that Subdlvls ion Ordlnance for possiblesites. the City Planner review the Cityrsrevisions affecting building HEARINGS CONTINUED 2.CAB CATIONS Gordon Jacopi - Burlingame Cab Company Joseph Gilio - Peninsula Yellow Cab Coopany, Inc. Ground rules were set forth and those in favor of the applica-tion submitted by Mr. Jacopi were invited to speak. There belng no one present to endorse the application or to object and the City Clerk having advised that no comrnication had beenrecelved, Mayor Johnson invited Council to question Mr. Jacopl. Questions from Councl-luran Diederichsen to che City Clerk andto the City Manager and from Mayor Johnson to the Chlef ofPollce, Council was advlsed that their respective offlces havenot received correspondence or personal rnessag,es from citizensregistering complaints on the service of the presently-operated taxlcab company. Mr. Jacopi, in reply to the Councll inquirl-es, stated that the proposed operation would be on a full-time basis; that he would manage the operation from aa office in his automotive body--shop; -that-he had irad no prior experience but that he was in a financial a b Applications for a Certificate of Public Convenience and Necessityto operate a taxicab service in the City of Burlingame, were acknowledged from Gordon Jacopi, 321 California Drive, in behalfof the "Burlingame Cab Company" and from Joseph Gilio, 110 Grand Avenue, South San Francisco, in behalf of the 'rPeninsula Yellow Cab Courpany, Inc. " Ttre Chair announced that a public hearing on each had been scheduledin compliance with Code requirements and referred to three essen-tial provisions in the Code that must be detennined to justify thegrantlng of an applicatlon: (1) the demand of the publ.ic foraddltlonal taxicab services; (2) the adequacy of the existing taxlcab service and (3) the flnancial status and experlence of the applicant. BURLITIGAME CAB COMPANY 355 position to operate a taxicab service. Councilur Martin questioned Mr. Jacopt whether within his know-ledge there was a deoand for addttional taxicab service, who, inreply, stated that his office had recelved telephone inquirles. Ihe City Manager and the Chief of Police, in reply to CouncilnanIdartin, stated that no complaLnts concerning service have been re-celved in their offices. Mayor Johnson referred to Mr. Charles W. Smi.th, co-oyrner of the Be1 !trateo Enterprises (taxicab companles) and recent purchaser ofthe Checker Cab Conpany, operatlng vrithin the Clty of Burllngame, who reported that the Checker Cab Company has been experlenclngdispatchlng problems created by a delay in receiving its radlo frequency clearance from the FCC but that the matter will be resolved by September first. The City Attorney called the attentlon of Council to two appllc*tions received from Mr. Jacopi; one as an rrindividual owner" andthe other as a I'proposed Callfornia Corporation" and suggestedthat Council request a clarification from the appllcant. Mr. T. Christiansen, reported to be formerly associaEed rrlth the Burllngame Cab Company, addressed Council to outline a briefhlstory of the taxicab servlce in Burlingame and referrlng to therunagement of two taxicab companles by Mr. smlth, expressed an opinion that the "people should be glven a choice." Mr. J. W. Rubison, ldentifled hlnself as office manager for the Jacopl Body Shop to confirm Mr. Chrlstiansen's prlor experiencein the operation of taxlcabs and to certify to the financlalresponsibllity of Mr. Jacopl. Further dlscussLon disclosed Mr. Jacopi to rnaintain ownershlpof the new "Burlingame Cab Company" and !tr. Christiansenrs employment as full t irne mrnager, wlth intentlons to add six taxicab drivers to operate two taxlcabs on a twenty-four hour bas ls . The subject of operating as an 'rindlvldual" or as a "corporation" was pursued, uith the applicant informed that permlts are not transferrable and *I,,b" is$ed therefor either to a "person"or to s ttcorporation.. Further discussion concluded with Council concurring with Council- rran Martinrs recoooendation that actlon be deferred and that inthe interim the applicant prepare a hrritten and detailed plan of the proposed operation ln addition to a financial statementfor presentation to Council. CounclLoan George referred to an item in a report on the appli- cant concernlng a fire code violatlon rrithin the body painting and repalr shop and requested that an amended report on the currentstatus of the shop be submltted to Council. The subject matter was continued thereafter to the regular Beetlng,of Councll, September 3, 1968. PENINSUI.A CAB COMPANY. INC. Mayor Johnson recognized Mr. Hugh Connolly, Attorney,Mr. Joseph Gilio, applicant, requesting a Certlficate Convenience and Necessity to operate two taxicabs in BurI ingame . repre sent ingof Publicthe City of Mr. Connolly advised that the net vrorth of the applicant at the present time is $50,000.00; that his client has had ten years ixperience in this field and currently oPerates four cabs in the City of Millbrae, eight taxicabs in the City of San Bruno and twelve taxicabs in the City of South San Francisco; the taxicabs 356 proposed for use in the City of Burllngarne wlll be 1968 or 1959 models, fully equipped with radio, will provide a twenty-four hour service'and thi color scheme wlll be "white" and t'yeLlow", painted "Peninsula Cab Co.'l Mr. Connolly stated that the applicant will provid taxicab service to the City, in that the managernen House has lndicated Ehat space will be allocated ttaxicab stand. eatoop new type off Hyattrovide a Mr. Gilio, in reply to the Chair, stated that loca1 drlvers will be solicited through the local press, and, adding to the state- ments of Mr. Connolly, spoke of telephone calls his Millbraeofflce has received from the public, originating, at Hyatt House and at the Peninsula Hospital Ihere being no one present to speak in favor and no coumtrnications reported to have been received, those present in opposition were invlted to speak. Mr. Herschel Campbell, AtEorney, representing the Be1 Mateo Enterprises, spoke ln opposltlon to the application of the Peninsula Cab Company, stating that the demand is not suffieient to justi- fy the granting of certiflcates; that with respect to a taxicab operation from a facility at llyatt llouse, the people of Burlingame would be best served from a central ly- Located offlce; a rrshuttle bus'r service to and from the llyatt House and the San FranciscoAirport is provided through the courtesy of the former; the currentLy operating taxicab companies are replacing older e ment with new and the radio frequency for the newly acquire Checker Cab Company taxicabs will be shortly cleared by the Federal Conmunications Cournission. Mr. Connolly, coumenting on the statements q d uiP- pointed our that llyatt House serves peo and a taxLcab service in that locale wi dovrntown BurLingame taxicab service. Mr. Campbell, om rurny conmunities be competitive wlthPtle 1 offr not Counc ilman Martin raised points relative to taxicab meter ratedifferentials between the City of Millbrae and the City of Burlingame and in outlying coomunities, and questioned the avall-ability of the two proposed "white cabs" to assure an adequate service within the City of Burlingame. Mr. Gilio stated that he was hopeful that hls operatlon would expand to increase his taxicab service in this cor',-unlty in thefuture. Following further discussion, Councilman Martin recommended,with Council concurring, that a period of sixty to ninety days be allowed to elapse in which to al1ow Mr. Smlth, operating the Yellow Cab and the Checker Cab Coopanies to test his taxicabservice upon receiving a radio frequency clearance from the Federal Conmunicatlons Commlss ion. RECESS A recess was declared by the Chair at 10:00 p.m. CAII 1lo ORDER The meeting was reconvened by Mayor Johnson at 10:10 p.m. 3,1D? A memorandum from the City Engineer to the City tlanagerthat F. D. Sperry, Contractor, has satisfactorily conplethe requirements of plans and specifications for the pla improvements and basketball court area at Cuernavaca Par 1. CUERMVACA PARK IMPROVEMENTS COMPLETE Basketball Court at Cuernavaca Park - Job No Co.) was introduced for passage on motion of seconded by Councilman Crosby and unanimousl CalL.' A cornm.rnication r^ras acknowledged f rom Dr. GeorDirector, Executive !funage4ent Institute, date conmending Police Officer C.J. Leonelli for hiin the special Intens ive Management Seminar forecently sponsored by the Marin County Police adv i sedted all ygroundk and recormrended that the project be formally accepted by Council. A concurrence with the recommendation was footnoted in a memoto Council from the City Manager, dated August 15, 1968. RESOLUTI0N NO. 56A-58 !'Acce pting Playground Improvements and. 68-8" (F.D. Sperry Councilman George,y adopted upon RoLl A cormunication from-the City.Dranager, dated August 15, 1968, advised that the City Engineer has reported that to properly correct a drainage condition in Ray Park will require the removalof approxlnately 2,100 cubic yards of uraterial, with grading estinated at a cost of approximately $3,200.00; that a portionof the project to be performed by the Park Department is esti- roated at a cost of $8,500.00. Ihe City lIanager recalled that the School District. has indicatedthat an expeniliture of $5,000.00 has been allocated in its l-968- 1969 budget toward the improvement. Counc i lman Martin recommended that the City of Burlingame acceptthe $5,000.00 as partial paynent and assume the remainder of the cost. Council concurred and the City Manager rras authorized to proceed as recomended. 3. SAFETY MEMBERS REQUEST RE: ADDITIOML SURVIVORS BENEFITS A comounication from the City I'{anager dated August 15, 1968, advised that rrembers of the Fire and Police Departments, throughtheir repre sentat ives , have re-submitted a request that Council authorize a 'lwidows and orphansrr benefit, as provided in Section 2L264 of the State Retirenent System. Ttre City Manager referred to a comunication received from the State Retirement System under date of JuIy 30, 1964, at which time costs for the additional survivors benefits rrere estimrted. Councilman Martin stated that he had no objection to an actuarialstudy, with Council thereafter reserving the prerogative to tho- roughly review the costs thereof prior to taking an action. Council concurred and the City l'lanager was authorlzed to request an actuarial survey. 4. OFFICER TEONELLI COMMENDED ge Sugerman, Seminard July 25, L968,s Partic iPationr Police Of f i.cersChief's Assoc iat ion. COMMUNICATIONS 2. RAY PARK IMPROVEMEM COSTS 858 Mayor Johnson stated that she personally would acknowledge the compndation by a written reply to the Seminar Director. PRESENTATION t968-t969 BUDGET RESOLUTIONS RESOLUTION NO. 57-68 Mayor Johnson comended ef f orts expended by Counc ihoan l.Iartin and by Councllnan George, Council rs Budget Committee Co-Chairmen,in the preparation of the t968-1969 Budget and the Budget Con'mltteeReport, settlng forth policy-naking procedures. Counc ilman Martin, speaking as Co-Chalrman of the Budget Com-mittee, moved that the Comittee's report be approved and that theCity Manager be instructed to implenent such recomendations andreports as requested and to prepare appropriate leglslatlonfor presentatlon to Councll at future meetings. The motion was seconded by Counciloan Crosby and unanimouslycarried. Counc ilman Martln cormented briefly on the reduction in the taxrate for the current year, from 91.28 to $[.25 per $100 AssessedValuation and to the increase in the budget total from last year. Year Ending June f0; 1 "Adopting Budget Cit969" was thereafter on motion of Councilman Martin, seconded b and unanimously adopted upon RoLl Call. yointyC @ Cities Application for Ea East Mento Park" (priority areas for assistanc f Burl ingame Fiscal roduced for passage ouncil Dlederichsen City of Burlingarne .25) was introduced conded by Counc ilman RES0LUIION NO. 58-68 "Fixi ng Tax Rate for the($r se foi thE Fiscal Ear ending June 30, 1969by Counc iloan Martln who moved its passage, Diederichsen and unanimously adopted upon Roll Call. RESOLUTION NO. 59-68 rrA Resolution of the Cit y of Burlingamest Palo Alto ande) was introducedfor passage on moti.on of Counc ilman Crosby, seconded by Counc[l- man llartin and unanimously adqlrd upon Roll Call. ORDIMNCE NO. 882 "An Ordinance Add ing Chapter 3.17 to the Municlpal Code and Defining the Duties of the Director of Recreation" was gLven its second reading and upon motion of Councilman ldartin, seconded. by Councilman Crosby, said Ordinance passed its second reading and was adopted by the following vote: Ayes : Councilmen: Crosby-Diederichsen-George-Johnson-l.IartlnNoes: Councilmen: None Absent Councilmen: None ORDINANCE NO. 883 eormGsions oE-TEe Recreation Corrniss second reading and Counc ilman Diederi and was adopted byAyes: CouncilmeNoes: Councilme Absent Counc ilme "An Ordinance Combining the Park and RecreationCity of Burlingarne; Establlshing a Park andlon; and Providing for Its Duties" nas given lts upon motion of Councilman Crosby, seconded by chsen, said Ordinance passed its second readlngthe followlng vote :n: Crosby-Diederichsen-George-Johnson-llartinn: Nonen: None ORDIMNCE No. 884 "Establish aEa efty o-Burlrngame and Pr ing a Beautification Commiss ion in oviding for Its Duties'r was givenits second reading and upon motion of Councilman l.lartln, seconded by Councilman George, said Ordinance passed lts second reading and was adopted by the follorring vote:Ayes: Councilmen: Crosby-Diederichsen-George-Johnson-MartlnNoes: Councilmen: None Absent Councilmen: None OI'IIER RESOLUTIONS ORDIMNCES - Consideration thereof : 359 ORDIMNCE N0. 885 "Combini ng the Posltlons of Head of the ParkEpartnent Ena-Superintendent of Recreation; -_and Establishlng thePosition of Director of Parks and Recreatlon" was given its second reading, and upon motlon of Counctlman ldartin, seconded by Councllman Diederichsen, said Ordinance rdas adopted by the folLowlng vote :Ayes: CounciLmen: Crosby-Diederichsen-George-Johnson-Martin Noes: Councilmen: None Absent Councilmen: None tlayor Johnson announced that membership on thewlll contiaue until thirty days following theof the new legislation. several couuniss ions date of the passage ORD I ES Introduction thereof: ORDIMNCE NO 886 on e rta n tree t s between Trousdale and M,rrchison Drives) was introduced by Counclloan Dlederiehsen and given its first reading. ORDIMNCE NO. 887 ItProhibiting Parking on the Cul-de-Sac of I. AGREEMEM RE: LIBMRY CONSI,,LTANT An anended agreeoent for "Public Library Consulting Services" prepared by the Office of the City Attorney and bearing the siture of Mr. Raymond M. Holt, the Consultant, las acknowledged Councll. "Prohiblting Parking For More Than Four Hours " (West side El Caolno East Service Road, Beach-Roail'- was introduced for flrst reading by Counciloan Crosby. ORDII{ANCE NO. 888 rrProhlbltlng Parklng on the Southerly Side ofGgE;ffiffi'troduced by C6uncilmai ceorge and giveir itsfirst readlng. ORDIMNCE NO. 889 "An Ordinance of the City Council of the Cityof Burllngame Authorizing an Amendment to the Contract Between the Cltv Council and Bordof Admlnistratlon of the CaliforniaPublic -Employees t Retirement System'r (cost-of-living increaseto retired city ernployees) vras Introduced by Counciluan Martinfor flrst reading . UNFINISHED BUSINESS c b na- v RESOLUTION N0. 60-68 "Authoriz lng Executlon of Agreement By and Between the City of Burlingame, a Municipal Coporatlon, and Raymond M. Holt for Consulting Services - Public Li.brary" was lntroduced for passage on Eotlon of Councllman Crosby, seconded by Councllman George and unanioously adopted upon Roll Call. 2. BEqUEEE EOB AIANDONIENI THREE TOOT ANCEOFEASE},IENT Action on a request for the abandonment of three feet offoot anchor easerent within the Ingold Millsdale Industri Center, submitted by l,lr. R.W. Irvln, Owner, and Hr. GeorgArthur, Contractor, was deferred to the regular meeting o on September 3, 1968. NEW BUSINESS I. LEACIIE CALIFO CITIES TIONS Mayor Johnson referred to a League of Callfornia Cities Legis-lative Bulletln, dated Auguat 7, L968, and requested the pleasureof Council on the following League recomendatLons: (a) "SB 592'r an important exception to the Brown Act, permittlng governlng bodies to have executive sessions rrith its management representatives to conslder employer-employee relation problems. The Clty Manager vras requested to notify the Governor of Councll a twenty-aleN.f Councll 8AO endorsement of the legislative measure. (b) "Tax Exemption. Household Furnishings-personal Effects.,r Council took no action on the recomnendatlon that officialsdiscuss with their leglslators the effect a tax exemption onpersonal property would have on their Cityrs budget. (c) "AB L474 - Public Facilities. Nonproflt Corporatloos; Possessory Interest Taxes. " No action was taken by Council on the recomendationapproval of AB L474, permitting public property not p income or revenue to be tax exempt in the futuie. to ro A comqrunication from the Ci-ty of Millbrae, dated August L2, 1968,referred to a recent "Parks and Open Spaee Report" received bycities from the Regional Planning Cornmittee of San Mateo County and extended an invitatlon to the Clty Manager and to the City Council to be present at a thirty-mlnute review of the plan with representatives of the Comittee at the Millbrae City Couacil Chambers on Septenber 10, at 7:00 p.m. A brief discussion acknowledged that the contents of the report does not directly apply to the City of Burlingame. Attendance at the scheduled revlew was left to the dlscretion of the Mayor and the City tlanager. 2. CITY OF MILLBRAE REVIEW REPORT FROM "RPc" 3. OYERTIME PARKING FINE COMPLAINT The Clty Manager was requested Burlingame will be a reci-pient endorse duc ing Slocum, 444 Linden Pay an overtimeprotesting histhat the fine A comunication was acknowledged from Mr. Will Avenue, San Bruno, reporting on hls failure toparking Eicket fine in the amount of $1.00 and subsequent notification from the traffic court had be-en increased to $10.00. A brlef discusslon concluded wlth the City Attorney requested toinvestigate the justiflcation of the courts in substantially increasing original fines imposed. 4. IIGEMRAL PIANII STI,'DY COMMITTEE 5. GREYI{OUND LINES CITY LEASE Counc ll*en Martln recosmended that Council take under consideration the possibility of increasing the aronthly rental fee pald to theCity by Greyhound Lines for the use of city property as a bus stop at such tlme as said lease expires. 6. HAZARD ON HILLSIDE DRIVE Council recelved from the City Planner, a copy of a list of names thus far recomended to comprise a proposed citizens "GeneralPlan Study Comittee" qrith a recomrnendat ion that any additional name s be referred to his Office in advance of an organlzational meeting scheduled for the second Wednesday evening in SepEember. A hazardous condition of a rough paveoent area on llillsideDrlve, north of Our Lady of Angelsr Church, reported by Council- man l,lart in, was referred to the City Engineer for investigation. 7. STATE CRANT ALL@ATION TO COUNTY Councilnan George referred to a recent San Mateo Times issuefeaturing an article concerning a State grant allocatlon to the County in the sum of $725,000.00. to ascertaln whether the City ofof a portion thereof. t161 8. PEDESTRIAN HEDGE NUISANCE Councilman Crosby, reporting the grorrth of a hedge acloss thesidewalk in the area of his residence, questioned the person or agency responsible for proper rn intenance. The subject rnatter was referred to the City Manager. ANNOUNCEI.IENTS -ACKNOWLEDGEMENTS Mayor Johnson acknowledged receipt of rainutes from the Burlingame Recreation Comoission and monthly activity reports from thePolice and Fire Departments and announced Ehat the next San Ddateo County Council of Mayors meetlng had been scheduled Friday, August 23, L968. STUDY MEETI NG SCITEDULE STUDY LIST PRIORIfi The Cbair reminded Council that a study meetlng had been scheduledfor Tuesday, August 20, L968 at 8:00 p.o., to consider princi-pally (a) Architects plan for the new City Hall and (b) Library p1ans. Counciloan George, referring to the numerous subjects held forfuture Councll study neetlngs, suggested, wlth Council concurr-ing, that the City l,lanager submit a revlsed List, indicatlng items to be considered on a "priority" basis. WARRANT APPROVAL August Warranta, Nos. 1113-1307, in the total amount of $324,927.9L,duly audlted, were approved for paynent on motion of Counc llsran Crosby and seconded by Councilman George. On the queation, Counc i lman George lequested the City l.Lanager to review bills recived for "autoooti.ve repalrs." Counc l1man t'Iartin advlsed that he had made several notations on the current 'rwarrantlist'r for the City Clerk to review and report. The motion qras thereafter carried. PAYROLL APPROVAL Payroll Warrants, Month of Jin the total amount of $165, CounciLman Crosby, seconded uly, 1968, Nos. 6L3.87, Idere app by Counc i Lruan Di 99L4-L0206 and [0[-380, roved on motion of ederlchsen and carried. c OUNCIL MEETING NIGHT CHANGE Monday, September 2, Tuesday, September 3, ADJOURNMENT a Legal hol,lday, Council seLected ;00 p.m., as a regular meeting. ng 8 1968, bei 1958, at Ihere being no further transaction of buslness,regularLy adjourned at L1:40 p.m. the meetlng was RespectfulLy submitted, HERSE ITE APPROVED @* CHARLOTTE JoHNSON,MAYOR City Clerk a