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HomeMy WebLinkAboutMin - CC - 1971.02.16+4s- Burlingame, California February 16, 1971 CALL tO ORDER A regular meeting of the Burlingamegiven date. The meeting was calledhlilliam J. Crosby. city Council \rasto order at 8:00 on the above by Mayor held P.m. PLEDGE OF ALLEGIANCE AE word from the Chair, all in the Council Chambe r arose and gave the Pledge of Allegiance to the FIag. Present Absent Counci Imen: Counci lmen : Ams t ruP- crosby-Johns on-Ma rti n-!4angini None fhe minutes of the preceding meeting of February 1, Council previously, t e:e apProved and adoPted. 1971, suhnitted to BIDS - WASHINGTON PARK GRAND STAND Bids for the structural rehabilitation of the crandstand at WashingtonPark, received and opened on February 10, 1971, at 10:30 a.m., in compliance $rith published notice, were declared as follows: TOTAL BID Les KeIIey Paul F. Klingborg 'fhornton construction James MarshS. Chr. Jorgensen Pete Hodgson Morris Daley J. M. Construction Stevenson PacificDalzell corporation Sorensen and Marsh Peterson and Rathbun $ 7,995.00 8,000.00 10, 378. O0 I0, 440 . O0 LO,774.OO 11, 149.00 11, 345.00 L2,729.OO 13, I33 . 00 13,175.00 16,000.00 19,490.00 Engineerrs Estimate $12, OO0 . OO A communication from the Director o: Public works, dated February 10, 197I, reconmended that the contract be awalded to the lovrest responsible bidder, Les Kelley, in the amount of $7,995.00. The recomnendationlras concurred in by the city ltanager in a footnote memo, dated February 11. RE SOLUTfoN No. 5-71 "Awardi ng Contract - Structural Rehabilitationto GrandEtand at Washington Park, Job No. 71-7" (Les Kelley, Inc. $7,995.00) was introduced for passage upon motion of Counci lman Johnson, seconded by councilman Atrstrup and unanimously adopted upon Roll CalI. TRTBUTE TO DEPUTY CITY CI,E RK !{ayor Crosby paid tribute to retiring Deputy city clerk, Ellinor L. kmstrong, acknowledging her twenty-eight years of employment hriththe city of Burlingame. Following a standing ovation accorded Mrs. Armstrong by Council and those in the audience, Mayor Crosby, in behalf of Council, presented a gift to the retiree. ROLL C}LL I'TI NU TE S BIDDE R 450 }IEARING S 1. APPEAL VARIANCE APP ROVAL IN RE: APA RTIIENT ON BLOOI'IFIELD ROAD Mayor Crosby announced that in response to petitions received frsn residents and property oqrners, appealing the decision of the Planning comnission in approving a variance to construct a multi-fani ly dwelling on I17 Bloomfield Road, this was the time and place scheduled by Counci] for public hearing. {hose in attendance were advised by the Chair of council's rules of procedure to be applied in making their presentation to Council. lrtr. Thqnas Sine, Chairman, Burlingame Planning conrmission, addressed Council to relate his discussion \"ri th councilman uangini on the eveningrof February 11, that concerned his research of the subject ProPertyand information that t^ra s not brought out at the hearing before che Planning Commission. Commissioner Sine estimated the current value of the property at $18,5OO.00 and thereafter preEented a projection of building costs andinterest rates applicable in each of the following types of construction:(1) single-famiIy, (2) duplex and (3) triplex dwellings, the taxes on each and the rates of monthly palments on each over a trrenty-year and a thirty-year span. Council Mangini confirmed that his conversation with Commissioner Sine was as described. The City Clerk distributed copies of additional petitions and conununica-tions received on this date, all registering protests to the grantingof the variance. fhe City Planner, in reply to the Chair rs request for his conments, advised that inspection reports received frcnr the building, the fire and the county health department revealed that the building on theproperty is sub-standard and not habitable; the original reguest fora variance proposed a five-unit garden type apartment and upon the recommendation of the Planning Commission, the applicant at a subsequent meeting, re-submitted plans for a four-unit apartment,the matter was debated at a hearing before the Planning Comnission and the hearing thereafter concluded t'}I a five to one vote to approve the variancet interested persons were advised that the variance may be appealed and the subject therefore is currently before Council on an aPPeal. In further reply to inguiries from the Chair, the City Planner advisedthat r^rithin the irnmediate neighborhood there are eighteen lotsfronting on the 100 block of Bloqnfield Road, thirteen are single family, five have been previously converted into two units, that as a result of his personal review of the area, he found that threeproperties are in excellent condition, six are good, six are fair and three are poor, the subject property among the latter group. Councilman !'lartin questioned the classi.fication of the property andqrhat the City's General Plan proposes for the area. T'he City Planner stated that the property is within the R-I zone andthat the General Plan proposes lc,vr-density multiple. councilman Amstrup guestioned whether the existi,ng duplexes werepermitted through variance procedure. ltre city Planner advised in the negative, stating that in severalinstances, the construction r^ras overlooked by a previous buildinginspector and others \{ere converted during the war years. Reciting frqn the uunicipal code, the Chair questioned Mr. David Kron, one of the applicants, on each of the four requisites to the granting of a variance and his ability to comply. Mr. Kron gave forth his reasons that in his opinion, justified aPproval I I continued from l,linute Book No. 15 2/16/7L of being permitted a variance to improve the property. A communication, in favor thereof, was read from !lr. william J. t'loir, 133 Bloomfield Road, stating that the "variance conforms to the MasEer Plan for multi-famiLy dwellings for the area of Burlingame in which Ehis block is located" and urged Council to uPhold the decision of the Planning commission. The City Attorney was questioned by the Chair whether comrnunications received at the hearing before the Planning Commission should be acknowledged also by Council. the city Attorney advised that Council members may indicate that they have read the mi.nutes of the Planning commissionr that this is a new hearing and council is to make its ovrn decision. A poll of council confirmed that aLl had read the minutes of the January 25 Flanning Commission meeting. Mr. Robert J. Leahy, LL29 Bernal Avenue, spoke in favor of implementing the proposals set forth in the ceneraL Plan whenever possible, suggesting that the property under discussion is a case in point. There being no further comments in favor, those in opPosition were extended the privilege of the Floor. Mr. James B. waldron, 735 Winchester Drive, referring to the recent review by the Planning Commission of ProPerty at the rear of his, expressed concern that the reaction of abutting ProPerty owners of the subjeet property may be similar to that of his and questioned who det,ermines that certain areas should be converted into aPartment districts. The City Planner, at the request of the chair, reported in considerable detail, the necessj.ty that a ceneral Plan be adopted by the city to qualify as recipients for State and Federal grantsi the engagement by the city of a planning consultant firm to prepare the General Plan; the selection of a citizens' committee to study the material, the minutes taken of those study sessions, the publicity and the detailed procedure that required hearings before the Planning Commission and subsequently, the city council, Prior to final adoption. fhe City Planner concluded by advising that the General Plan was under preparation before adoption for a period of four years. Mrs. John F. Barton, 734 hlinchester Drive, stated that PeoPIe are very mueh aware of what "over-crowding" does to a city and aPPealed to Council that Burlingame be retaj-ned strictly "residential. " I{rs. Barton expressed the opinion that it is a "crime to let proPerty deteriorate and then appeal to correct the situation by variance." Ivtr. Thomas Farris, 616 Howard Avenue, reading fron a prepared statement, commented upon the duties of the Planning Conunission, stating that the members overlooked the wishes of over four hundred ProPerty oltners hrho opposed the granting of the variancei that the ov)ne r should not be permitted to let the property deterj.orate and then apPear for a variance; that he (the owner) alone would "reap the financial re\^rardt " that there is talk about phasing out Bur}ingame High School because of the decline in population and it would apPear that the Planning commis- sion because of its action, takes an oPPosing view, that there is no great need in Burlingame for apartment buildings and that according to statistics, homes, not apartments, are in demand. I\,tr. Farris, in conclusion, stated that the Master PIan is to this area, it is a Projected ideal and is not binding, variance should not be granted. not applicable and that the Mr. Randal wardlaw, 115 Bayswater Avenue, also reading especially prepared for the occasion, commented on the f rom a statement innumerable dr 2 problems that arise r^/hen aPartment construction is permitt,ed in an area; that approximately ninety Percent of the proPerty owners within the area are opposed, Petitions containing two-hundred and fifty names and numerous communications were Presented to the Planning Commission,yet, in his opinion, it "seems that maintaining homes is looked down upon and developers are favored; " the zoning is R-I ; the owners claim "hardship" but they ovrn other ProPerty within the area and admit that the subject property was purchased for the PurPose stated and purposely left to deteriorate. Mr. ward1ar", staued that he would not object to the introduction of duplexes into the area and in conclusion, urged Councj.l to Protectthe interest of the future citizens of Burlingame. Mr. Robert Bi1ls, 483 Marin Drive, raised an issue that if the ProPosalsof the Master Plan are fulfilled to permlt multi-family units, population undoubtedly will increase, creating additional traffic on the El Camino Real that could result in the removal of the eucaLyptus trees to widen that thoroughfare. Iv1r. Ralph E. Mooers, 10 Victoria Road, questioned the added increase to the city's sewer system and its effect on the neighborhood by the proposed construction. The city Engineer referred to a report submitted to the Planning Commission, dated January 21, 1971, relative to his survey of costs made in 1954 on fire flovr to accommodate multiple dwelling rezoning and the increase since, in construction costsr that it was his recommendation that in instances of variance approval to higher density the applicants be required to deposit a fixed amount with the city to be expended at some future date when improvements will be necessary to increase fire flow; and that in reply to the inquiry, a sewer condition would not be serious in the area if the proposed aPartment lras constructed. Mr. Dright U. Snith, 501 Bayswater Avenue, Mr. Paul IJarson, 604 Bayswater Avenue and Mr. John c. Bria, 605 Bayswater Avenue, also spoke in oppossi-1 tion to the apartment. Mr. Larson particularly referred to new single Ifamily building currently in progress in the immediate neighborhood, istating that more new homes should be encouraged. The letter included a paragraph that Council decLare a "moratorium to withhold tax increases on future remodeling or ne'b, reconstructions such as R-l or R-2 d$re1lings, for not less than five years, but not to effect the taxes or rate increases ordinarily collected prior to red evelo;xnent. " This point initiated a brief discussion, wherein the city Attorney advised that Council has no control over tax assessments, it is a function of lhe County Assessor and that the State Board of Equalization dictates to him the ratio of assessed valuation based on a Particular Percentageof Lhe market va1ue. An inquiry from Mr. Romoli celestino, 109 Stanley Road, concerning low water pressure in his area, particularl,y during the summer months, u/as answered by the city Engineer who advised that a section on Stanley Road is serviced by a two j.nch water piPet the Placement of a six inch water pipe would more adequately service the area. RECONVENE The meeting was reconvened at 9:55 P.tvl. TIEARING - BLOOMFIELD RD. APARTIT{ENI (CONI . ) council bras pol1ed by the chair. -t I Mr. Sam Marenco, 207 Clarendon Road, requested that his letter filed this evening be read into the record. There being no further comments from the audience, Mayor crosby declared the hearing closed and a recess was declared at 9:40 p.m. .) r) CounciLman Johnson referred to the hearing of some years prj-or when the proposal to rezone portions of the area was oPposed by approximately one hundred percent of the homeowners and rejected by council, :hat if this particular variance is granted, it could be the beginning of piece-meal zoning; that hrhile the subject ProPertyhas been permitted to deteriorate, h/hether wiJ.fully or not, others in the area have been well maintained, that in her opinion, none of the variance requirements have been met; there are non-conforming uses existent, raising the question \"rhether the errors that occurred should be compounded by approving the current variance. Councilman Johnson concluded her remarks by stating that the PeoPlehave made it clear for a second time in some years that they do not want a change in zoning and therefore are entitled to maintain their R-1 zoning status. councilman Amstrup exPressed his concern in that the dwelling rras permitted to deteriorate completelyt that vrhat is determined by council on this occasion will affect other areas in Burlingame, that he also was concerned with "spot" zoning and concurred with councilman Johnson that, to approve the subject variance, "is not the answer. " council Ivlangini questioned when the ceneral Plan will be implemented for the good of the City; that it has been indicated that peoPle are nor averse to duplex construction and suggested that perhaps future meetings may result in a conrpromise proposal . Councilman Mangini stated that he would vote in opposition to the variance. Councilman !.{artin, to clarify an apparent confusion between the "General P1an" and the "Zoning Ordinance" stated that it is not the intentj.on of Lhe ceneral Plan to rezone property, it is a document projecting a "twenty-five year forecast" and that the Present zoning ordinance is "what we are living with today. " Referring to the present variance request, CounciLman Martin stated that to approve would be to condone "spotfi zoning and questioned Mr. Kron as to how long he has owned the property and the assessed valuation. Mr. Kron advised that he has owned the ProPerty since 1964 and that taxes approximate $400.0O a year (a calcuLation lndicated the ProPer.tyto be valued at approximately $21,000.00.) In further reply to councilman Martin's inquiries, Mr. Kron stated that he has expended about $300.00 in improvements throughout his years of ownership and that the rental received has been insufficient to pay the taxes. Councilman Martin thereafter stated his intention to vote "no" on the granting of the variance, suggesting that the City Manaqer investigate with respect to ascertaining what disposition may be made of the ProPe r .y . Mayor crosby, stating his familiarity vrith the subject property, observed that in the future the area may be rehabilitated and that he would currently oppose the construction of the apartment. A motion was int,roduced by councilman Ivlartin that the decision ofthe Planning Cornmission be overruled and the variance denied. The motion was seconded by councilman Amstrup and unanimously carried. (b)STANDA RD OlL CPMPANY CLOSING,,LONDON IANE..(Arcad e ) Mayor Crosby announced that a hearing had been scheduled on this date pursuant to Council motion appeaLing the decision of the Planning commission in granting a specj.al permit to Standard Oil Company forthe expansion of the Standard Oil cornpany facility at Burlingame Avenue and E1 camino Rea1. Mr. E. L. ste\,rrart, representi.ng the standard Oi1 company, advised that 4 since receiving notification of the appeal, the company, concernedthat it may be encroaching upon a public way, ordered a title searchof the areai the records \,re re researched and in no instance had documents been recorded to indicate olrnership vested in the City of Burlingame. Mr. Stewart stated that it is therefor obvious that the walkway was created for the benefit of the arcade and that people found it convenient to walk through the parking lot to Burlingame Avenue r thatit is slightly over one hundred feet to walk from the parking Iot tothe sidewalk on E1 camino Rea1. !.4r. Stewart further stated that if a lane were to be created it wouldnecessitate moving the proposed construct.ion forward thereforevio].at.ing set backs that would require a variance; that as a simplesolution, the Standard OiI Company would have no objection tothe public walking through the station area to reach Burlingame Avenue from the parking lot. A prepared pIan, including landscaping, was reviewed, with discussioncentering on the proposed construction of a six foot waIL. councilman Martinrs suggestion that an opening be provided at the north end of the building to accommodate pedest,rians, was objected to byMr. Stehrart, who stated the opinion that it i^ras "not good business norsafe" to encourage this type of foot traffic. Councilman Martin, commenting on the convenience the wa lkway hasprovided the pedestrians throughout the years, advised that he initiatedthe appeal, hopeful that some means may be worked out to continuethe passageway and relying on the reputation of the Standard Oil companyto consider the wishes of the public. As a further alternative, Councilman Martin suggested of removing a section of the six foot wall to the end and to construct a four-inch curb. the possibili ty of the building 1 councilman Mangini questioned the const,ruction of a wai-l, to the construction of a Standard Oil Company station atsection of Delaware Avenue and Bayshore Boulevard, where boxes were placed. re fe rringthe inter-just planter Mr. Ster,/art spoke on the several designEstating that he would agree to removinginstalling four inch curbs. of the companyrs stations,section of rhe ural1 anda councilman Amstrup commented on the Standard Oil Company station recently renovated in the city of San Mateo, attractively constructedwith tiles, pointing out that the proposed Burlingame station, locatedat an entrance to Burlingame, should be attractive. Mr. Ster"rart, in making a comparison in design betr,reen th gasoline stations, stated that the one to be constructedis far "the best. " e twoin Burlingame The hearing was declared closed by the Chair. councilman Martin moved that the decision of the Planning Cornmission be upheld, with the added provision that the six foot concrete wa1I terminate at the building Line on the south side of the ProPerty, that any new curb be no higher than six inches and that the landscaPing detail remain as indicated on the plan. Ttre motion was seconded by councilman Amstrup and unanimously carried. (c)BURLINGA}IE SHORX I"AND COMPANY DEVEIOPMENT .,NORTTIPARK APARTT,IENTS.. fhe city Planner was development proposed Company. caLled upon by Mayor Crosby to comment on the for property owned by the Burlingame Shore Land fhe city Planner referred to the meeting of one month Previous wherein -t 5 Council was advised that a nev, proposal for the develognent of theproPerty was in the offing; the matter \^ras continued to allow the ne$,developers an opportunity to prepare its plans for presentation tocouncil this evening. tihe (hair reeognized I'1r. Quentin Cook, Attorney, speaking in behalfof the proponents for the new developrnent, who referred to the planssubmitted and requested that a procedure be determined by Council. Mr. cook spoke on the several amendments that were not a part of theprior proposal, particularly that of the redesign for undergroundparking to eliminate some of the fire roads. fhe Chair inviEed Council cornments concerning proeedure. Councilman Martin stated that there are two issues first to beconsidered: (I) the developers request that Council specificallyapprove the use of Romex electrical wiring for the project and(2) the restaurant parcel usagei that, while personally he had noobjection to Romex wiring, its use was excluded by a four to one voteof Council when the Electrical code was adopted, and that the type ofrestaurant should be clearly stipulated. I4r. Cook acknowledged that he had been recently advised by the CityPlanner that the use of Romex is prohibited in the City of Burlingame. The City Planner recalled that the county of san Mat,eo, in additionto those cities who have adopted the Electrical Code, the acceptanceof Romex wiring did not include its use in the construction ofapartments. Trhe City Planner further pointed that the present fire Zone fI bethat should also be resolved. out that the developers are requesting changed to Fire zone III, an issue Mr. Riehard B. Oliver. a partner with Leon M. Wheatley, developers,and the new applicant, addressed Council to request that they begranted an extension of two v/eeks to continue discussions withcity staff members . Mr. Oliver read excerpts from a California statute, referred to asthe "Wilson Act" wherein jurisdictions in California, by November,1971, will adopt an electrical code that will allovr the installationof Romex electrical wiring in apartment house construction. councilman Martin suggested to Mr. Oliver that he discuss this pointwith the City Attorney. Follorring a brief discussj-on, the hearing was continued to the regularmeeting of council on March 1, .1971. COMMUNICATIONS 1. E)GMPT FIRE PRomcTIoN cosTs A communication from the City Manager, dated February lI, 1971, advisedthat official action has been taken by a number of cities requestingexemption from costs of fire protection service in unincorporatedareas within the County of San Mateo and recommended that the Cityadopt a similar resolution. RE SOLVTION NO. 6-71 ,'Declaring That City of Burlingame provide ItsOwn Fire Protection and that no Property Within the City Should beAssessed for any Portion of the Costs of Fire protection Service inEhe County of San Mateo" \das introduced for passage on motion ofcouncilman Amstrup, seconded by Councilman Johnson and adopt,edunanimously upon vote by Rol1 Call. 2. FLOOD-MUDSLIDE INSURANCE A memo from the city lrtanager, dated February 11, 1971, advised that 6 Eo include the word "flood" in the recently adopted resolutionqualify the city for Federal flood and mudslide insurance will the enactment of an amended resolution. to requi re councilman Martin introduced for passage,RE SOLUTION NO. 7-7I ''Ofthe council of -he City of Burlingame to Qualify Burlingame For Federal Flood and Mudslide Insurance" seconded by Councilman Anstrup and unanimously adopted by Roll cal1. A memo footnoted on the communication fron the City Manager, dated February 10, recommended that legislation be directed as requested. lhe City Attorney was directed to prepare theto council at the March I meeting. document for presentation 4. ARTERTAL STOP-WALNUT-WILLOIV AVENI'ES A communj.cation was acknovrledged from the Health, safety & Traffic Commission, dated January 26, 1971, advising that statistics Presentedby the Traffic Department indicate that the installation of an arterial stop sign on Walnut Avenue at willov, Avenue j,s warranted. A memo from the City uanager, footnoted on the communication, recommendedthat legislation be prepared . fhe city Attorney \"ras requested to prepare the appropriate legislationfor council action at the March I meeting. 5. REQUEST AGRSEMENT EXTENSIO N RE: CT'LVE RT CONSTRUCTION (H. RICHARD O,IIABA) A cornmunication was received from H. Richard o'Hara, dated February 3, 1971, requesting that his agreement \"ri th the city for the erection of a culvert on city property, because of circumstance, be extended, to permit an additional period time in virhi ch to further develop and beautify the property (1540 Bayshore Highway.) In an addendum memo from the city Manager, dated February 11, 1971, Council was advised that the agreement expired on February 3, 197I, terminating a t\^ro year agreement. Councj-lman Martin recomrnended, vrith council concurring, that the extension be limited to a one-year period rather than the requested t\^ro Year Period . The city Attorney advised that his Office sha1l prepare a suPPlemental agreement for presentation to I{r. O'Hara for his sj.gnature. 6. AIRPORT BOUI,EVARD TRAFTTC-PARKING REGULATION A communication from the city Planner, dated rebruary 10, 1971, recalled that the attention of Council was dj.rected to the question of parking and traffic control on the portion of Airport Boulevard, east of the bridge and that it was ascertained that since the street is not a dedicat,ed city street, there is no way to control speeding or other traffic violations. ltre City Planner advised that the City Attorney has now written an ordinance under a provision of the state Iaw which allot^rs municipal control over private streets in accordance with the vehicle code and is submitted to Council for introduction; that in the interim, the question of parking limitations which can be aPplied when the ordi.nance becomes effective, be referred to the Parking Commission for study and report to Council. 3. SELECT SYSTE!1 STREETS A communication from the City Engineer, dated february 9, 1971, advisedl that few changes have occurred in the City's Select System of streets Iand requested that a resolution be adopted petitioning the Division of Highways adding "Skyline Boulevard " "carolan Avenue" and "AirPortBoulevard" to the street system. 7 ORDINANCE NO. 929 "Finding and Declaring that Airport Boulevard, a Pri-vateLy O*ned and Maintained Road, is open for Public Use and thatthe Provisions of the California VehicLe code Shall App1y " was introduced for first reading by Councilman l4angini. Ihe City Attorney advised that provisions of the Vehicle @de requiresthat the ordinance cannot be enacted without Council conducting apublic hearing and ten daysr prior written notice Eo the ov/ner of the road and that a resolution setting forth a public hearing on thefirst day of March, 1971, has been prepared for adoption. RE SOLUTION NO 8-71 "Directing the Oiving of Notice of Proposed Adoptionof Ordinance No. 929 Makj-ng the Provisions of the California Vehicle code Applicable to a certain Private Road Known as Airport Boulevard,'was introduced by Council-man Johnson, who moved its adoption, seconded by Councilman funstrup and unanimously adopted upon voteby RoII Ca11. 7. NCTVIL DEFENSE" CIIANGE TO "OFFICE EMERGENCY SERVI CE S " A communication from John K. Wright, Assistant Director, EmergencyServices, dated pebru ary 4, 1971, advised that the State of California,approved by the Attorney General and the League of California Cities,has changed the name "Civi1 Defense', to uhe ',Of f ice of EmergencyServices" necessitating the rewriting of the City,s Ordinance No. 792and Resolution No. 47-64. The ci-ty Attorney advised that the civil Defense ordinance provisionsare incorporated within the city's published code. requiring theinsertion of the appropriate section of the code numb;r and that hewould.request that action be withheld until the March 1 meeting.Council concurred. RE SOLUTIONS RE SOLUTION NO. 9-71 "Declari ng NoxiousA Nuisance" (public hearing March 15)motion of Councilman Martin, secondedunanimously adopted upon RoIl Ca1l. ORDI NANCE S None UNFINI STMD BUSIMSS 1. USE OF I.oT FOR ART DI SPIAY and Dangerous weeds and Rubbi shwas introduced for passage onby councilman ,Johnson and Councilman Johnson moved that Council concur in the request Communi ty Art Committee that the use of the City,s park-ingcity Ha1I) be approved for an art display on tua! 22- and uiyThe motion vras seconded by Councilman Amltrup and carried.- of theIot (oId 23, I97L. 2. BARRIE R TRAFFIC STRTP Councilman Johnson conrnended the members of the Health, Safety &Traffic conmission for their part. in the placement of traffic barriersto eliminate left-hand t,urns into walgreen's Drug store parking 1ot. 3 . CITY ITALL I,E TTE R DROP Counci lrnan Johnson drop placed at the end mail. thanked rear of the the City C1erk for having the new letterCity Hall for the depositing of week- 4. CRII\4INAL APPREIENSION Captain Gerald Nordstrom and mernbers of thewere complimented by Councilman Johnson onapprehending suspect,s involved in the fatalPlaza merchant. Burlingame Police Departmenttheir expediency inshooting of a MilLs 8 t) councilman Mangini rePorted on hj-s observation of the fleet of new cars in the parking lot adjacent to the HaIl" and questioned the legality of the operation. Captain Nordstrom confirmed that the 1ot is used upon the cars are placed only for brief intervals. 5. PARKING OF CAR FLEET 6. TOP SOIL AVAILABLE 7 . 1915 cRArim BY STATE TO CITY RE SALT I\,IA RSH. TIDE-SUBI4ERGED I"ANDS 8. PURCI{ASE VIC TORIA RD P ROPERTY 9.STATU S OF BUI LDI NG VIOIATIONS 10. STATUS RIGHT-OF-WAY PURCIIA SE NEW BUSINE SS occasion; however, question but that the of the grant and that reverted to the state. parki ng Ame ri can ofa Legion In a memo to council, dated February 11, the city llanager advised that the Park Superintendent has reported on the availability of tO,oOO to 20,OOO yards of top soil that may be purchased for $3'25 a yard for use at the bayfront Park. A brief discussion followed, with Councilman Martin expressing a preference that the bayfront consulting architects be requested to-investigate the source and the type of soil available' The city At E.orney referred to information compiled.by his -officeior*araLd to Cou-ncil with agenda material, pertaining to the 1915 grant by the state of calif6rnia to the city of Burlingame of sa1 Marsh, Tide and Submerged Lands. and e city thettre city Attorney advised that there is no of Burlingame did not meet the conditions City's interest in the affected lands has The several alternatives that the city may Pursue, as outl-ined in the *.t.ti"l submitted, were explained by- the- City Attorney' \"ho thereafter recommended that an action be withheld until he confers with the-ity clerk and the city l{anager. '-1( The City Manager advised. that within the next week or ten city ,iif .=",1^. ownership of a second parcel on Victoria park PurPoses. AUCTION - 1028 CAROIAN AVENUE days, the Road for Police DePartment, under the date of the reliability of the r€bin Bros- councilmanAmstruPquestionedthestatusoflitigationauthorizedby Council against cErtain individuals for buiLding violations. tlhe clly-eit"i"Ey advised that the associate attorney -er.rgaSgq. to Process ihe suits has accepted a permanent Position, thal his office, however, would submit a rePort to council at the next meeting' In reply to councilman Amstruprs inquiry concerning the -status of lii"-pi.iiir."e of the San Franc-isco witer Departmen_t I s -ri9ht-of-wayo"-ciiir"r"ia Drive, councilman Martin rePorted that he would prepare in ipptoptiate comrnunication to that agency for the Mayor's siqnature' l_ fhe Chair acknowledged a communication from the Henry Rabin Company, i"J""fiiif auctione6ii, dated February L2. 797L, announcing_the ;;h;;ii"g of a public auction sale of the equipment of Burlingame Sash & Door ComPany LO2A carolan Avenue, at 10:00 a'm' on Eriday' i"fi""ty-fg, 19iI ind requesting an aPplication form to obtain a 1i cense . A memo hras acknovrledged from February t6, 197L, r:ePorting the on 9 Auctioneers and confirmed that only the inventory and the equipmentof the Sash and Door Co. will be offered for auction. I4r. Henry Rabin, addressing council, apologized for his tardiness submitting the application, stating that his firm will comply with condj.tions set' forth by the City and that the auction will take approxj.mately four to five hours for the one day specified. Ln all In reply to the chair, the City Attorney advi"sed that although contrary to Council policy, an action may be taken on thj.s occasion. A motion was introduced by councilman irohnson, seconded by Councilrnan Mangini and unanimously adopted that the request for an auction as outlined, be approved and that Mr. Rabin Post the necessary bonds. 2. AIRPORT ACCESS CO MMITTEE In a memo from the city Manager, dated February 1l-, 1971, Council was informed that Mr. John Bauer, #2 Rio Court, Burlingame, has accepted appointment on the Airport Access Cornmittee and will join Mr. David Keyston and Mr. Duncan Beardsley as the city of Burlingame's representatives . 3 . DEI,AY IN MAI]., SERVICE Couneilman Martin commented uPon the delay in receivi.ng his mail and requested that correspondence received in the city Hal1 and addressed to him, be deposited in his home mail box, by either a police officer or an employee in the Department of Public works, traveling that area. 4. PRTVATE PARKING DECK PROPOSAL A report was distributed to Council by the City PLanner, concerning the proposal made by the Pacific-western contractors, Inc.. 4'7 5 El camino Real, Millbrae, to erect a parking structure above the city-owned parking 1ot on the south side of Donnelly Avenue. Tihe city Pl-anner reported that a meeting was held on Friday, February 5, attended by Councilman Anstrup, the city Manager, the city Engineer and his office, at which time sdfle conclusions were reached and sub- mitted in written form for Council inforrnation. 5, SWIMMING POOL CONSTRUCTION the city Planner also submitted a report, dated February L6, L971, advising that on an occasion of a routine building inspection, it was discovered that a swimming pool in the process of installation at #3 Toledo court, was being constructed largeJ,y on city-ot ned proPerty, the owner of the property and the swimmi ng pool contractor have been directed to proceed no further with the installation until some action is taken by the city. The city Planner suggested that at the next regu].ar meeting or at the next study meeting, council consider a directive on how the situation may be resolved. RECREATION BUILDING councilman AJnstrup referred to an item in the minutes Recreation commission, concerning the absence of locks cabinets in the Recreation center euilding. of the Park and on doors and Councilman Martin also referred to the minutes wherein the city' councilwill be asked for funds to complete necessary improvements, including the locks in the arnount of $4r7O2.75. 1fl:e city Manager advised that a ligt of the items requested will be sut'mitted to CounciL at the next study meeting. Council requested that the City !4anager invite Ray Wegner, Recreation Supervisor, to be present at that meeting. 10 ERECTION AD-ART SIGN Ttre City Attorney, in reply to the chair's inquiry concerning the erection of the City's new Ad-Art company sign within the industrial area, on a portion of Anza Pacific comPany ProPerty, stated that he would confer with l4r. Keyston, the developer, and report to Council at, the next meeting. ACKNOWI,EDGMENTS the Chair acknowledged receipt of the following: COMMUNICATIONS t. League of California Cities, dated January 22, 1971, announcing the "lnstitute on Iabor Relations For City Officials" at the .Tack Tar Hotel in San Erancisco on lvlarch L7-19, 1971. 2. Iheodore H. Iong, Vice ltayor, city of San Bruno, dated February 3, 1971, announcing tentative plans concerning an official tour of the Iake Tahoe Solid waste Disposal facility during the last weekend in March. ftre city clerk lras requested to xerox copies for distribution to council. 3. An invitation to a luneheon, sponsored by the California Trucki.ng Association, Friday, Pebruary 26. 4. ltre annual 1970 report of the Burlingame Planning Commi ssion. MINUTES Burlingame Park and Recreation Commission, January 12 and the Burlingame Beautification comlnission, January 7 and January 11. STI'DY I'{EE TING fhe monthly Council study meeting was scheduled on MUTUAL AID Tuesday, February 9. r Captain Nordstrom informed Council that the quick apprehensl-on of the Burlingame Plaza murder suspects was possible th rough mutual aid reciprocation, involving sixty-two men from San Bruno to san Mateo over a nine-hour period. WARRANT AI{D PAYROLL APP ROVAL warrants, Month of February, 197I, Nos. 7027-7237, in the total amount of $228rO7O.9I, duly audited were authorized drawn on the City Treasury, on motion of Councilman Mangini, seconded by councilman Johnson and carried. Payroll warrants, January, 1971, Nos. L67O2-L727O, in the amount of $191,042.57, \dere approved on motion of Councilrnan Mangini, seeonded by Councilman Amstrup and carried. ADJOURNMENT Ttre meeting was adjourned at t2:10 a.m. in gratitude and appreciation toretiree nllinor L. Armstrong, Deputy city clerk, for her outstanding service to the City of Burlingame. -1 APPROVED:}IE RBE RT K . I^IT.II TEcity clerk il,tu-t william J. +t rosby, l'layor