HomeMy WebLinkAboutMin - CC - 1967.11.202L5
Burlingame, california
November 20, L967
A legular meeting of the Burl ingane City Council was held on the above
date. [eeting called to order at 8:05 p.m., Irlayor Diederic]rsen in t]re
Chair.
PLEDGE OF ALTEGIAIICE
At uord from the Chair, all in ttre Council Chamber arose and gave the
Pledge of Allegiance to the Flag.
Preaent - Councilnen:
Absent - Councilmen:
crosby, Diederidrsen, ceorge, Johnaon. uartin.
None.
I DOITN:rOTIN BI'RLTNGAXB IITERCEANTS ASSOCIATION.
Nayor DiederidrEen acknorrledged the capacity assenblage and announced
that the regular order of business would be delayed to give congidera-
tion first to a comunication filed bl, the Downtozr Burl ingame Uerchanta
As eociation.
A letter dated Novenber 20, 1967, s igmed by Charlea E. cfroerer,
Nerchants Association Chaiman, was read, submitting a petition concernjJrg
the "so-caIIed Cognic Wg or, as it i8 now known, the Bloody Stump. u
lltre petition e igmed by nErchants and property ownera recited as follo'ws:
"we, the undersigmed, here{ protest the existeace of that place of
buginess presently known as ":flte Bloody stunp" and fotmerly knouat as
"Ihe cosnic Egg." Said bueiness is located at 1412 Burl ingare Avenue,
Burlingame i sald place of busiaess is, in our opinion, a public nuisance
and a detriment to the general businesg atmosphere and legiti.nate bueiness
establishments of thie c@unity for such reaaons as enunerated and set
forth in attadred letter of protest. "
Itle city Attorney, at the requeat of the CounciJ., digqussed circrnstances
rhich may be deemed conducive to creating a situation of public or
private nuisance, advieed that relief may be sought by initiating an
action in the civil court, or, in the event of a pubLic nuisance,
crirninal proceedings through the office of the district attorneyr he
mentioned that tlre latter procedure is usually not fruitful for a
variety of reasona.
In reply to the Chair's inquiry as to procedure, whether the petition
may be cons idered a valid complaint for conducting a public hearing for
revocation of the business license, or whether there should be investiga-
tions by the law enforcement agencies,lEalth departEent and otlrers,
the City Attorney advised that, as in any other situation, the Council
cannot tal<e an action rrithout knowledge of the factsi he stated that
he had no such knorrledge and if Council did not, the agencies Eentioned
were available to conduct an invegtigation.
Councilman l{artin's auggestion t}rat t}re conplainants' representative b€
heard, and the matter then pursued further with the City Attorney, rras
accePted by council.
uayor Diederidrsen recogmized l{r. Gfro€rer who read lettera from.rohn
Carbone, Jfleler, 1414 Burl ingalne Avenue, Indo Aloerican Wig c@pany,
141O Burlingane Avenue, and Donut TiDe, 1408 Burlingame Avenue, stating
CAI,I, TO ORDER
ROLL CALL
PETIIIOI{
2[6
that the Cosnic Egg and its patrons constitute an element disruptive
of normal cmercial aetivity on Burlingane Avenue, this disruption
deriving frdr annoyance to pede8trian traffic and oonsequeDt detri-
Eent to businegses in the area.
tlr. Gfroerer related a eerieg of incidents, reported \z nerdrantr and
other conccrned citizens, considered infuiical to public welfare and
safety, he referred to the many businegs finns on Burl ingam€ Avenue
that have contributed to the coimunity's grorth. queetioned wtrether
conrparable benefits can be derived fro operations of the type of
the Cosmic Egg, anct reguested ttrat Council conduct a hearing for the
purpose of detetmining if there are valid grounde for revoking the
license.
During an ensuing period of discussion, the City Attorney advised
council against proceeding with a hearing soleIy on the grounds of
the conplainants' lettera and atatements, neither of wtridr constitute
vaLid evidence to support a c@petent decision.
Ihe City Council heard Chief of Police carl Lollin report that hia
department receives innunerable verbal coplaints against the shop
and its customera, usually after a particular incident occurs, go that
an officer is unable to locate or cite the peraon or persona responsible.
l,ir. Leal crupp, attorney for the proprietora of the cosuic Egg,
volunteered his servicea to assist in any inveatigation of tlre ahop
directed by the City Council.
fhe Chief of Police advised further that there ig a crininal action
pending against the proprietora on charges of displaying 'narcoticsparaphernalia' and that the defendants are presently free on bail.
Itle City Attorney referred to code provisiona for 'Revocation of
licensea, " cautioned the Council that a hearing rould give tlre attorneyfor the holders of tlre license an opportunity to cross exa[ine witnesses
before they carne to testify in the crininal ctrarge, thereby jeopardizing
the prosecution case and doing tlre district attoney a disservice.
ftle City Attorney stated that a convistion in the criDinal action would
be sufficient grounds to initiate proceedings for revoking the license.
The City Itlanager reported that his office receivea coplaints regularly
from the public, that he visited the shop and observed the group
activitiee; he referred to the code and read the section pertaining to
licenge revocation and recomended that Council follor the procedures
outl ined therein.
Follo\ring atatenenta frq! the Council, Uayor Diederichsea thereafter
announced that action on the petition would be delayed pending a
decision in the district attorney'e proceedinga.
RECESS
A recess ras declared by the Chair at 9:10 p.n.
CATL TO ORDER
:Ihe meeting lraa reconv€ned at 9:25 p.m., by l.tayor Diederidrsen.
I{INUTES
llhe minutes of the neeting of uovenlrer 6, L967 , previoualy suhitted
to council, were approved and adopted following an amendment under the
title " Bayside ImproveDent District No. 4" - ineerting the word
"usually" before "a firat lien" in paragraph 12.
2l?
APPEAL COCA-@LA BOSTLING CICII{PAIVY
RB: SIGMRIAIICE.
I
:fhe Chair announced that this was the time and place acheduled to con-
duct a public hearing on the appeal of the Coca-Cola Bottling Companyto overrule the deciaion of the Planning Coninis s ion in denying a
variance to erect a s ignr to a height of fifty (50) feet fron ground
level on the preui:es located at 1025 Bayshore Boulevard. Burlingame.
A comlunication dated Septernber 26,
sigmed by Paul B. Bacon, President,
to an appeal hearing, was read.
1967, fron the appellant, and
requesting Couneil' s congideration
Ihe City Planner, in reaponse to tilayor Diederichsen, reviewed the action
of the Planning Coruiasion in denying the variance, adviaing that the
Comisgion heard evidence fro !lr. Bacon and representativea of M-Art,
Incorporatd, deaigners and manufacturers of outdoor sigrns, to the effect
that a variance $ou1d be necesaary to adequately identify the location
because of sight obstructione resulting fron the buildings on either side,
r*h idr extend to thc aidewalk, and eucalyptus trees along the freeway.
Itle City Planner atated that the comission's unanimoug decision to deny
l,as baeed on grounda tlrat the adjacent buildings are not as high as the
applicant indicated, that there are no eucalyptus trees nearby, that a
lighted aigm of the height proposed \,rould create a nuisance to residen-
tial uses in the area, that retail sales are a minor part of the oper-
ation, and the rrords "Enjoy Coca-Cola" rrere in the nature of product
advertising rather than identification of the plant.
In respon3e to tliayor Diederichsen, the city Planner confir ed that the
zoning is il-l.
councilman Uartin recited fron a liet of approved sign height variances,
notlng that with the exception of the one forty-nine feet in height, five
exceed fifty feet, he referred to the Eyatt Eouse, G€neral Electric and
Rector cadillac signs approved by Council, and to the [tarada Inn and Fiat
displays, sixty-tlrree feet and sixty-four feet in height reapectively,
approved by the Planning C@miasion (tlardr, 1966 ancl uardr, 1957); and
to the Ol]nnpia Tyzperfiiter forty-nine foot sigm, by the Planning Cotmris-
sion in iluly, 1967.
ltayor Diederidraen recognized ur. Paul Bacon, r*tro advised that the plant
was moved to the present Bite the early part of the year and that there
is a need to identLfy the location; he adviaed that the proposed eign
will be double-faced with the lettering visible to north. and aouthbound
traffic.
I{r. Bacon stated that the buildings on either side approximate fifteen
feet in height r the face of the Bigm to be ten feet high, so that restrict-
ing the overall height to tlre legal maximum of tsenty feet will re8ult in
leas ttran one-half of the face being visible frm the southi to the north,
there is a point where the trees at the westerly end of the overpass,
with nudr more growth, will screen the sigm to traffic couing off the
freeray; for these reaaons, a height of fifty feet is considered reasonable.
Irlr. Bacon explained that the rord ing "Enjoy coca-Cola" is a legal trade-
mark used for advertising and identification purpoaes r he stated that
retail aales are ninfunal but that identification ie helpful, particularly
since materials and equitnent are delivered regrularly by truck.
HEARINGS
In reply to councilman Crosby, the City Planner reported the Ol14upia
lypewriter di8play meaaurea forty-nine (49) feet overall fro ground
level .
218
Ur. Bacon stated that a ten year lease for the building was negotiated
approni"mately one year ago, that he owns the buainese and holds a per-
manent frandrise fron the coca-cola company r ttrat the firu contributes
substantially to the coErunity's Gcono!/, enploying over fifty peraons,
sith a payroll of $600,000.00 and yearly sales in exceaa of two nillion
dollar8, and should be pemitted an appropriate identification dieplay.
Itr. Mel Peterson, representing Ad-Art, In@rporated, discussed technical.
aspects, advising that with the exception of an elenent giving tine of
day and telrperature, there will be no moving or fl.ashing ccmponenta.
Ee advised that the aign will be cust@-made for the site. enploying
neon tubes sith drannel lights, that the height sas detemind by flag-
ging the location with a target and that the requeated height provides
visibility over the overpaaa.
In responge to the Chair's inquiry, there were no c@enta fr6 the
audience proteating or favoring the variance.
Councilman llart iJr referred to the signa discusged earlier, rtrich exceed
fifty feet in height, requesting the City Planner to c@nent.
Ihe City Pl,anner explained that the Eyatt House and RaDada Inn depend
to a large extent upon busineas from the freeuay and that becauae of
their locationa northerly of the overpaa!, uith noat of tlre traffic
coing fro the south, they required higher signs for buainees reaaona,
to alert the public in advance to leave the freeway; the Ollppia fype-sriter plant is ir the saDe location a6 three othera to r+tridr varianceg
have b€en granted, all located in the vicinity of David Road, rdhere a
J.ong line of eucallTrtua treea bordering the freeway readr heighta in
exceas of twenty feet, the problen waa to go sufficiently above the
treea to attain identification to the freeray.
ln reply to uayor Diederichaen, llr. Bacon adviaed that the sign would
be located on the property to allos for a posaible future widening of
Bayshore Boulevard.
fhe hearing wae declared concluded.
fhe motion wae seconded by councilman Croaby.
Counciuoan Johnaon cornented that the Planning Comisaion acted correctly,
in accordance sith the ordinance provisions, but considering otb€r height
variancea whiclr have been approved, the present request appears reasonable.
Ihe motion to approve was thereafter carried unani.nously on roll call.
llhere were cmnents that the present tuenty-foot height rastriction may
be incorrect; the City Planner offered to Bubnit to the Council a pre-
I iminary draft of amendnenta uhich have been tlre subject of diecugsions
by the Planning Cmiasion.
2. VARTABLE HEIGTTT DISTRIET REGULATIONS . ORDINANCE NO. 868.
ltayor Diederidrsen announced that this was t]re time artd place to oonduct
a public hearing on a prolxrsed addition to the !{unicipal Code, providing
f,or 'variable Height District Regrulations " as anrended by Council rt the
meeting of Novenber 6, 1957.
lihe City Planner, in reaponse to the Chair, stated that the proposd
CouncilDan George introduced a notion to overrule the decieion of the
Planning Cormlseion and to approve the variance, with the qualificationa
that the sign shall not exceed an overall height of fifty feet, nor
extend beyond the property line, and the ownela to asaune responsibility
for relocating, to elininate any projection over the sideralk, should
the street be widened.
2Ls
ordinance will amend the Zoning Code to provide the rules for exceeding
building height li,sitations, but does not deeignate the zoneE to htrictl
the rules may be applied. He pointed out that the present higheet heightis six stories and that the regulationa will allorr bulldings to extend
beyond that height, will define requirements for open space, eize of lots
and garage limitations, reaaonably restrictive to inaure conatruction of
Eubstantial buildings. He advised that copies of the regulations were
distributed to a nrDber of persons associated with, and interested in
apartment construction and that there were no adverse comrenta.
Ihere were no spealrers fror the audience favoring or proteating the
ordinance, in response to the Chair's inquiry.
:fhe hearing was declared concluded.
ORDINANCE NO. 868 "AI[ ORDINANCE ADDING CHAPTER 25.35 TO TITLE 25 , ZONING,
OF IEE TTT'HICIPAI CODB OF TflB CTTT OP BURI,INGAI{E CREATING A VARIABLE
UEIGET DISIRIST AITD REGT'LATIIIG TBE IIEIGM OF APART}iENT BUIIDINGS WITBIN
SAID DIsTRIqf" waa introduced for gecond reading lry Councilman l{artin,
r*tro moved ita adoption. Iotion seconded b!, councilnan arohnson and
carried unanimously on ro11 call.
'ltel-z o. t I (t
3. BI'RLINGN,IB SEORB ITAND @Ii{PAI{Y
REOUEST TO AI{EIID COIITRACT.
Mayor Diederichsen announced that Council, at ttris time, would consider
a request from the Burlingame Shore Land conpany to nodify an existing
agreenent wittr tlre city providing for developing and inproving a parcel
of land, bounded by Cadillac lilay, Bayshore Boulevard and Carolan Avenue i
the applicant's proposal being to divide the property into three separate
and distinct parcels to perinit construction of an apartment building,
two retail cqmercial buildinga, and to reaerve a third parcel for future
development.
Ir{ayor Diederichsen recognized }tr. Robert Ihoapaon, Attorrrey, representing
the petitioners.
trtr. Trhonpson advised that subsequent to tlre last meeting with the Council,
and at ttre suggestion of the City Planner aa to procedure, a Parce1 ttap
and an application for variance for comtrercial use of one parcel, were
sutrnitted to the Planning Comission and, following a hearing, were
recomaended favorably to the city council.
Ur. Ihompson atated that Council'a concurrence with the Cotmission's
rec@endation will, presunably, establiah the guidelines wtrereby the
existing contract may be amendd.
ur. Th@pson refered to a petition filed with the city Council at the
meeting of Novedber 5, L967, indicating that a najority of the merdrants
in busineas in the Broadway area oppo8e commercial use of the property.
ur. ifh@pson suhitted a docunent with appronfunately one hundred sixty
aigrratures of residents in the north Burlingame area, marchants on
Broadway and adjacent atreets, and reaidents of ?oyon Drive, adjacent
to the aubject property, in favor of the "prolrosed apartaent house and
shopping center cdtrplex. "
:I'he City Attorney, in reply to ltayor Diederlchsen'a inquiry concerning
procedure, stated that council must decide, first, whether or not to
consider nodifying the agreement; folloing the declaion, there may be
discugeion as to the cxtent of t}te nodiflcations, and the applicant'a
proposal may be heard with no obligation to td(e an action.
A motion by councilman George to conaider the requeat for nodification
220
of the agreenent ras aeconded b,]r Cowrcilnan Crosby and carried on
L*re folloing roII call:
AYES:
T{OES:
@IINCIITTEN:
COUNCIIJTEN:
crosby, Diederidrsen, ceorge, Johnaon.
[artin.
CounciLnan Johnaon explained tbat the poll was taken aa the result of
a cmnrnlcation rece ived b,!z Council at a prior neetirg fro ilre Broadway
lterchants Association opposing retail cmercial use of the property,
and to a queation which she raised at the tine as to the nunber of
merclrants endoraing the action to oppose (in an attenpt to clarify to
rdtlat extent the Broadway area ia actually croncerned).
Uayor Diedericheen recognized I.{r. Paul Con8tantino, Chanber of C@erce
Preaident, rvho advised that he rras present at the merdrants' neeting
when the proposal was discussed and that eight to ten peraona were in
attendance.
A letter dated October 25, L967, was read frou the City Planner
reporting the proceedj.ngs before the Plannlng Coromigsion and the eub-
aequent action reconending councilr s approval, of the propoaed plan;
ttre comunication suhitted for Council'a consideration a series ofsix conditions to be included in an amended contract.
Iitt. Itropson indieated tlrat the conditiona were acceptable.
Mr. IhoEp8on atat€d that, to date, the property owner haa expended a
sum in excess of 9250,000.00 constructing pubJ. ic inprovementa reguired
under the tema of the existing agreement, thereby exenplifying good
faith and a desire to csaplete the construction under the contract,
horever, through circumatances copletely beyond control, the original
progr.rm cannot be cmpleted.
Ur. Edsard II. derrolf , project ardritect, placed on dieplay a plot plan
showing the property divided lnto tlrree parcels and des igmating the
apartrEnt eite (4.96 acres), c@erci.l, (4.74 acres) and the reserve
area (3.23 acres).
ltr. dewolf noted that the proposed cmnercial area will abut the Rector
Cadillac p1ant, vith the apartnent building located to the south,
adjacent to existing residential usea. Ee stated that there uill be a
total of 68,750 square feet in the cormercial buildings and one hundred
s ixty parkinlJ spacesi the apartment tnrilding, one hundred eighty living
units and two hundred Bixty-four parking apacea, one hundred e rShW
covered.
Itr. dewolf dissussed plans for temporary landacaping and parking on the
reaerve parcel, advised that there will be a total of six aceeaaea,
al.l sufficient to carry ingrees and egresa traffic ard provide aatis-
factory circulation within the property.
In discuseing parking facilitles, ltr. dewolf adviaed that surface
parking on the apartment site will be screened to Btreet via by the
Iandscaping.
uayor Diederidrsen referred to a paper filed at the neeting of Noveriber
6, L967, representing the resultE of a poII of merdrantB on Broadway
to indicate reaction to the proposed shopping center.
l,tr. T}r@pson referred to other propoaala for the property wtriclr were
rej ected and stated that the current plan is ttre result of exhauative
8tudy and deliberation to prepare an alternative that is practical
and constructible, and representing tlre highest and be8t us€ of the
land.
2.2L
In reply to Councilman c,eorge, Mr. dewolf advised that parking for the
comoercial area has been rearranged to provide one hundred sixty epaces
where the code requires one hundred thirty-eight.
In reviaing the plan for the reserve parcel, Councilnan Crosby sug-
ge8ted that the "panhandle" be paved to increase off-street parklng.
In reply to t{ayor Diederj.drsen, the City Planner leported that the
developera have aaaured that there will be no variances involved in
the apartment construction.
RECESS
1[he Chair declared a recess at ll:0o p.m.
CALL TO ORDER
lhe meeting rras reconvened by [ayor Diederidrsen at 1l:10 p.n.
lrhe Chair invited Council cqnmenta.
In lesponse to Councilman Johnson, an elevation sdleme was displayed
and explained by l,tr. dewolf .
Councilman ltartin noted there is no provision for servj.ce areas for
the commercial buildings.
!lr. Harry sqrera advised that Safeway stores is the largest proapective
tenant and that their plans conteDpl.ate an enclosed loading area to be
acconplished by reducing the area of the building, thereby eliminating
any interference witlr driveways or parking; Grodin"s of California have
indicated that a aervice area will be required and that it i8 proposed
to encloae a spaee at the rear of the building, located so aa not to
deplete customer parkingr all of the $Eall shops will be serviced at
the front.
Iltayor Diederictrsen invited comments from the audience.
ur. E. watkinson, 1544 Bernal Avenue, inquired wtrether the development
will interfere rith recon8truction at the Broadway overpass.
!{r. lrhompson reported that he uas unable to angrrer. Ihe City Engineer
indicated there have been no neu drawing8 prepared and that the Rector
Cadillac plant defeata nost of the plana uhich were diacueged.
uayor Diederichsen requeated Council to indicate, on the basis of the
discussion, ita pleasure with respect to modification of the agreement.
Councilman ceorge spoke in favor of the applicant's plan and to nodifying
the agreement.
Councilman irohnson lndicated approval, stating that she opposed prior
proposals for cmercial development due to @ncern for the welfare of
merctranta in the estalrlished comercial areaai horrrever, the applicant
has evidenced good faith in the copleted public improvements; if ttre
apartment coplex cannot be built. and there must be another use for
the land, the present propoaal appear8 rea8onable.
Councilman Cro8b,y agreed to modification.
councilman uartin opposed.
Uayor Di€dericlrsen approved.
q9D
During a period of discusaion, condition8 to be included in an amended
contract uere suggested ag follotrs:
I Apartment conBtruetion to coNElence before, or si-Bultaneouely with,
coraercial conatruction, and both puraued diligently to completion.
2. Land to be filled to proper he ight to el.iminate storr drainage problens.
3. Property ownera to install aanitary efler lines to punping station.
4. Working dratringa to be approved by City Council.
5. Tl'I,e of apartmont buildingi nuDber of units, parking, etc., subject
to City Council approval.
6. on-site fire hydrants and fire alam.
7. Comercial area to be included in Fire zon€ I.
8. Acceas from frontage road to comercial area to be relocated south-erly of the location indicated on the prelirninary plan.
9. Parcel reserved for future development to remain in R-4 Zone.
10. Covered parklng on apartnent parcel to be extended to Bayshore
Boulevard frontage.
11. Burlingane Shore Land Comparny and Citadel Propertiea to aasumeresponsibility for naintaining the grounds in a clean and orderly
condition.
12. Clty Council to exercj.se control over comnercial use8.
13. Eours of deliveries of merctrandise to be regulated.
14. AII c-onditiong of the P1anning Contrisglon to be included.(City Planner'a letter dat€d October 25, 1957.)
15. Revise parcel m.p to include " panhandle " vithin area of parcel Bto provide additional p.rklng and lanilacaping i delete portion ofparking in apace behind comnercial building eetablish a
trucik loading zone.
At the requeat of ttayor Diederidrsen, !tr. llhonpaon agreed that a preli.D-
inary draft lrould be available for Council at the study meeting of
Decenber 6.
lIhe discussion was ttrereafter concluded.
RECESS
lrhe Chair declared a recea8 at 12c2O a.m.
CAI,L TO ORDER
llhe meeting reconvened at 12:3O a.n.
COIO{I NICATIONS
t DRAI}IAGE BASEIIIEN? ACROSS HIGE SCEOOL PROPERry.
A letter dated November L6, L967, frm the Director of public Work8 con-
cerned flooding conditions during inclement weather at the Park Depart-
ment facility in lvashingtotr Park and adviged that the most feasible
2?,3
ilhe cmunication advised that it will be neceasary to acquire ar
easement fifteen feet wide through the San llateo Union Eigh Schoo1
District property and regueated Council's authorization to proceed
with the negotiatione.
An addendum to the cqmunication from the City ltlanager recornmended
acquisition of tlre easement.
T'he City Engineer, in response to Mayor Diedericlrsen, advised that the
sdrool officials have indicated no objection.
In reply to Councilman ceorge, the city Engineer stated that the instal-
lation may be helpful in relieving storn water problems at the Peninsula
Tennis club courts.
A mot ion introduced by Councifuaan crosby, seconded try Councilman ceorge
and unanimously carried, authorized the city Engineer to proceed.
2. ADELINE DRIVE SANITAru SEWER CINSTRUETION.
A comtrunication dated Novetdber 15, 1967, fro the Director of Public
workE adviaed that the lor bid received by the san t{ateo County Engineer
for replacement of a portion of a aewer line near Adeline Drive exceedg
by appro:<imately 15% the county's eEtirate, raising the total project
coEt to $9.500.O0 frotn $8,0OO.00.
An addendum to the letter from the city ltanager recormlended passage of
the necessary supplementary resolution.
RESOLI,TION NO. 62-67 "AUTAORIZING INCREASE IN CIST FOR REPLACEIIIENT OF
A PORTION oF BURIJITiIGAME SILLS sEtfER l,lAIlrtENAliICE DISTRICT SEIIER LrNE"
was introduced for passage on motion of councilman ilohnson, seconded by
Councilman crosby and unanirnously carried on roll caIl.
3. AI{EIDI.{ENT TO FIRE coDE.
A cornnunication dated November 7, 1967 was read from the City Manager
and the Fire Chief concelning a proposed amendment to the Fire Code to
provide for increased fire protection facilities in buildings four
storiee and higher.
lItre City !{anager recomended that an aending ordinance be introduced.
Trhe Fire Chief, in response to Mayor Diederichsen, advised that an
ordinance adopted approximately one year ago provided for fire safety
installations in buildings five stories and overr hffrever, there have
been indications recently that ttrere yri.ll be construction of four story
buildinge and, for that reason, the amendment is proposed.
ONDINAIICE NO. 869 "AIT ORDINNICE AIITEIIIDING C 17.04.23I of the UI,NICIPAI,
CODE OF TBE CIIY OF BT'RLINGEUE AIID REOUIRING CERTAIN INSTALLATIONS IN
BIIILDINGS rOUR STORIES OR l,tORE M HEIGHT" was introduced for firat
read ing by Councilman ltlartin.
ORDI}IA}ICE NO. 87O "AN ORDIISAITCE A}IET{DING S 18.08.382 0F lgE r{IrNrcrPAL
CODE OP IITIE CTTT OF BI'RI,IITGNIE AIID REOUIRING ME INSTAI,IJATION OF DRT
STANDPIPES III EIIERY BI'II,DIUG FOI'R STORIES OR TioRE IlS EEIET" WAS
introduced for first reading \z Councilnan l,Iartin.
method of correction rrould be installation of a storm drain pipe from
Washington Park to Oak Grove Avenue to connect to an existing pipe.
Ihe conununication advised that the County Engineer and Road Conmiesioner
has requested that Council enact legislation authoriz ing the revised cost.
224
4. SAt{ UAEEO COITNIY SCAVENGER @[PAIIY: GARBAGE RATE ADiIUSTIIENT.
A [eno to Council fro the City lrtanager dated NoveEber 16, 1957, sub-
nitting a requeat for an increase in rates for garbage plckup aervices,
recomended that the natter be referred to Council's 8tudy neetlng of
December 6; Council concurr€d, requesting that the principals be
invited to attend.
5. GENERAL PLAN.
A meEo fr@ the City ltanager suhitted an agreenent providiag for
planni,ng servicea neceasary to coq)letion of Stage II of the General
Plan.
RESOLT,TION NO. 63-57 "ATIITIORTZING EXECUTION OF AGREEIIIENT BY AND B8fi{EEN
IEE CIrr OF BITRLIITGN{E, A UU ICIPAL CIRPORATION AUD WIIJLIAIi{ SPANGLE &
ASSOCIATES, PROVIDMG FOR IgE PREPAR,ATION OF SIAGE II OF A GBIERAIJ
PLAI FOR EE CITr OP BITRIJINGN,IE'i waa introduced for paslage on Dotion
of Councilman ilohnson, seconded by Couneifunan Croa\' and carried
unaninously on roll call.
6. TN(I RATE ORDINAIICE.
A memo from the City Ir{anager dated Novenber L6, L967, submitted a
proposed ordinance providing for increaaed ratea of fare for tanicabs
and advised that the cities of San !{ateo and Belmont agree with t}re
proposed schedule and will enact unifotm rates.
During a discussion concerning a proviaion for "waiting tine or traffic
delay" (Item No. 5 in the body of the ordinance) Council recalled that
the representatives of the local fi!'0e atreased there r,uould be no
charge for "traffic deIay. "
lhe ordinance was thereafter amended on its face, dranging (5) ruder
"D RATES " to provide for "waiting ti.ne drarge" at the rate of eightdollars ($8.O0) per hour, as indicated on the taxic& meter to the
nearest ten cents (loc), the charge to be included in the total regis-
tered fare and deleting the nords "traffic delay. "
ORDINANCE NO. 871 "A!I ORDINAICE AI,TEIIDING ST'B-SECfION D OF g 6.36.120
OF lAE IIUNICIPAL CODE OF 1ts8 CIIV OF BI'RLINGAIiE AND INCREASING THE
RATES OF FARE FOR TRANSPORIATION IN TAJ(ICAAS.. ras introduced for first
reading by councilnan ltartin.
7. ARC I{AY ON-STREET PARKING.
A comhunication from the city llanager dated November 16, 1967, advised
that the Parking Comi,ssion has recmended that parking be prohibited
on the vesterly side of Arc way fron willoy Avenue to El Canino Real
and Buggested that Council direct preparation of the required legislation.
The city Planner, in response to Councilman Johnson, advised that the
right-of-way ia very narr@ from curb to curb and that there is
insufficient space for free flon of traffic with parking lanes on both
sides of the atreet, he atated that the narking Co[omis I ion conducted a
public hearing where residents in the area diecussed traffic problems
generated by the large aparurent buildlng at Arc way and El CaDino Real.
Council directed that an appropriate ordinance be prepared.
8. DOCI'UB{TARY STAUP TN( ON SALE OF RE,AI, PROPERTT.
A communication from the City trtanager dated Novembe t L6, L967, sulmit-
ted material from the League of California Cities concerning enactment
of an ordinance by the City impoaing a docurentary Etamp tax, advised
that the County ordinance will lre enacted before January 1, 1968 and
recommended that council introduce appropriate legislation at thie ti-De.
2,25
A letter dated NoveEbet 9, L967, from the Boardl of Directora of the
s.in l{ateo-Burlingane Board of Realtora, signed \r Robert Dean-Ttrner,
Presldent, protested the cities or county of san uateo inpos ing a
real estate transfer tax for the reason that any such tax should be
inposed at ttre State IeveI.
ORDINAIiICE NO. 872 "AN ORDINANCE OP ITIE CITT OP BI'RLINGAI{8, II,TPOSING A
DOCT UEIIrARY STAUP TAX Ot{ lEE SALE OF REAL PROPERrr" was introduced
for first reading bl}' Councilman llartin.
RESOLUTTONS
AED fron the City I'ianager dated Novelobe t L6, L957, sulmitted a
revocable permit for issuance to Anza Pacific corporation.
Reference was made to the [aEter Street PIan and lrtr. David Keyston,
in response to Councilnan l,lartin, agreed ttrat the bridge rrould be
constructed to the full width of thirty-tuo feet to conform to street
widthg on eittrer si.de.
CounciLnan ceorge mentioned traffic hazards created by dirt hauling
truciks travel ing at excessive speeds; I{r. Keyston agreed to discusg
the matter with the trud(ers.
Following an indication from the City Attorney that the Permit rras
satisfactory,RESOLUTION NO. 64-67 "ATINIORIZING A}ID DIREqTING ISSUAIICE
OF REVOCABLE PERUIT TO AIIZA PACIFIC CORPORATION FOR PT'RPOSES OF ACCESS
OVER I.,AT{DS OF TTIE CIIII OF BT'RLIITGN{E TO AND TROU ADiIACENT I,ANDS OF 1ts8
PER![{IITEE" was introduced for paasage on motion of eorurcilman uartin,
seconded by Councilnan Crosby and carried unanfu@usly on ro11 call.
I'NFINISIIED BUSINESS
I. Planninq Cmaission Noinees.
lhe matter of nonrinations to fill an existing vacancY on the Planning
Comnigg ion was referred to the Council study meeting, Decenber 6. L967.
Civil Service Co.[[iseioner Resicnation.
A letter dated lfovember lO, 1967, from Ur. Edward Hevey, 1449 Bernal
Avenue, subroitting his resignation fro the civil Service Cmtission,
was read.
:ltre City clerk was directed to send an appropriate letter to I{r. Hevey
acrknowledging his many years of aervice to the City.
2. Council Reque at fo! Notification of Eospitalized city Enployees.
councilman ceorge reported that he learned recently that Park Superin-
tendent Julea Francard had been ho8pitalized for surgery and requested
that Council be notified of such situationa involving City enplo:fees.
3. Courte sy pa rking meter use.
A suggestion from Councillan ttartin that soe arrangenent be made in
the intereeta of public relations wtrereby a token or courteay coin sill
be placed in expired parking meters during the boliday seaaon wag
referred to the City ltanager for inveEtigation.
NEW BUSINESS
l.
228
4. Ilearing - Regiqnql qoverllnenlq st!f4y.
ttayor Diederidrsen stated that cities have been asked to attend the
first public hearing on Friday, December L, L967, in Redwood City of
the iroint Comrnittee on Bay Area Regional Organization.
Council indicated that any City official attending rould be orpressing
his or*n personal opiniona on the topic.
5. Human Relations ed Hoc Comittee.
ltayor Diederichsen advised that he will attend a meeting on fhuraday,
December 7, in Redwood City of an ad hoc comittee on human relatione
establiehed by the Board of Supervisors.
6. Enployee Holiday - November 24, L96?.
fhe Chair announced receipt of a request fro the etnployees, through
the Office of the City litanager, to obaerve the day following llhanks-
giving Day aa a holiday to conpensate for holidays lost during the
year wlridr occurred on saturday.
Council indicated no objection providing that the officee and departmentg
srere staffed with a partial creu to be granted equal time off at anothertine.
Cmunications qrere adcnowledged fron Robert B. St. Clair, Supervisor
Second District, expreseing appreciation for the City's action in par-
ticipating in the County's hotel-notel tar< programr from the Bay AreaAir Pollution Control District, san Franciscoi an invitation to a per-
formance on l.londay, December 4, L95?, at the circle star I'heatre ag
9ue8t of the Staff of "Youth of America", and the monthly report8 for
October, 1967, frorn the Police and Fire Departments.
Councilman alottnaon announced that the Sister City Committee extends
an invitation to a ltexican dinner meeting on lvedne 8day, December 13,
to be held at a Peninsula reatauranti peraons interested [ay learn
further details fr@ ltr. Ben Hechinger, C@ittee Chairraan.
Novedber warranta - Noa. 9442 through 9641, in the total anount of
S1.29,044.39, duly audited, were approved on motion of councilman
cro8by, seconded \r Councilman llartin.
PAYROLT
October payroll warranta - Nos. 4992 thr') ugh 5531, in the total amount
of $141,003.34, were approved on motion of Councilman Crosby and
seconded bry councilman atohnson.
ADiIOLTRNI,IENT
I'he neeting regularly adjourned at 1:3O a.m.
Respectfully submitted,
APPROVED:/cb-l'..12,q.a_h-
-/L//*,"r* / . L *,*, /,"*"
WERNER H. DIEDERICHSEN, I'AYOR
TTERBERT K. VIIIITE, CIIY CLERK
ACKNOWLEDGI,{ENTS
AIINOI,NCEII{EFTS
WARRANTS