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HomeMy WebLinkAboutMin - CC - 1965.06.21,ree:4/r a t Burlingame, California June 21, 1965 CALL TO ORDER A regular meeting of the Burl ingame City Council was held on the abovegiven date. Irleeting called to order at 8:10 p.m., - Uayor Crosby in the Chair. At vrord from the Chair, all in the CounciL Chamber arose and gave the Pledge of Allegiance to the F1ag. ROLL CAIL Present - Counciluen: Absent - Councilmen: CroEby-George-Johnson-Ir{artin. Diederictrsen. On tnotion of Councilman Johnson, seconded by Councilman George, councilman Diederichsen, absent from the City, \ras excused. The minutes of Ure regular meeting of alune 7, and the regularly adjourned meeting of June 9, 1965, eulmitted previously to council , were approved and adopted. BIDS 1. CAROLAN AVENUE IfiPROVEI.iENTS TOYON DRIVE BO LARKSPUR DRIVE aids for Carolan Avenue improvements, as per advertisement, opened June 17, Pisk, Firenze and l{clean, Inc. Kunz Paving Cmpany L. C. Snith CoBpany Lo\^rrie Paving Compaay Engrineer' s Estimate torrrie Paving Co. Kunz Paving Co.F. D. Sperry Co. Bay Area Paving Co. L. C. Smith Co. Engineer's Estimate from Toyon Drive to Larkspur Drive, 1965, were declared as follors: 90.20 63.26 53 .00 27.50 70. 30 BIDDER $15,688.10 L7 ,202.67 18 ,410 . OO 20 ,t74.OO $17 , 62s .00 A recomendation was received frm the City lttanager, concurred in by the city Engineer that the lowest responsible bidder, Pisk, Firenze and uclean, Inc., be awarded the contract for said improvement. RESOLUTION nO. 56-65 "Awardi ng contract for carolan Avenue Improvements Toyon Drive to Larkspur Drive - S. S. 106, Job No. 55-16" was introduced for passage on motion of Councilman Johnson, seconded by Councilman ceorge and unanimously adopted upon Roll Call. Bids for Burlingarue Avenue Off-Street Parking Di.strict (Schedule I) and Ilatdr Lane IrBproveDent (schedule II) received per bi.d advertisement and opened alune 21, 1965, L:3O p.n., hrere declared as follows: BIDDER $10,6rl, o 11, 1 LL,7 r1, I $9,402.O0 PLEDGE OF AILEGIAI{CE UINI,ITES TOTAI, BlD TOAAT BID 224 A cornmunication frcm the City t/tanager, dated ilune 2L, L965, advised that the report of the city Engineer j-ndicates the total conbined bid received from the low bidder is L2.6% over the estimate of the Engineeri however, Sdredule I, Lot "!1" improvements, to be f inanced by the Parking District is only 7.8% above the esti.nates and it was recmended, to avoid an extra expense in delaying the project, that a contract be awarded the Lowrie Paving C@pany for both i-Bprovenents. RESoLUTIoN No. 57-65 "Awardin 9t Contract for Improvenents Burlingame Area Off-Street Parking District Schedule One and Eatch Lane Improvements Schedule Trdo - Job 65-5, 65-11' was thereafter introduced by Councilnan ,fohnson, wtro moved its passage, eeconded by Councilman ceorge and unanimously adopted upon Roll CaLl. IIEARINGS I. U}IIFORU F@D ORDINANCE Uayor Crosby announced that this was the tine and place sdreduled (continued frm .Tune 7) to conduct a pub].ic hearing on the proposed adoption of a food ordinance si-nilar to ordinancee in effect throughout the County of san l{ateo. t'here being no letters received in favor or in protest and no one present to express approval or objection to the adoption of said ordinance, Iitayor Crosby invited cments frcm Council. Councilman ceorge declared his absence at a study meeting of Council rdren the subject was more fully reviewed and in reply to severalinquiries, he was advised that contrary to an ordinance in effect in the city of san llateo, a fee schedule is included rithin thc proposed City of Burlingame ordinance; that the only exception fro tbat of the county ordinance is that the City Council shall serve as the local " Board of Review. " Purther i.nquiries were referred to I.{r. Lindstrffi, County Eealth Department representative, who advised that nominal fees levied upon business establishments in the City of Burlingame would approximate an annual revenue of $7O0.O0, nainly to help defray cJ.erical coatst the proposed fees are not designed to "produce revenue" but 'rnerelyto place a token vaIue." Ur. Lindstrom further advised that of the seventeen cities within the County of San llateo, the Cities of Hillbrae, San Carlos and Burlingane do not have a food ordinance and recomended that in considering the adoption of the ordinance, a fee schedule be made a part ttrereof; ia discussirg the proposed ordinance of the City of aurlingane with representatives of the San Irlateo Restaur.rnt Association, their approval was indicated. ur. Lindstrom, questioned concerning a provieion pertaining to "balce sales" stated there would be no objection to the exclusion therein. ORDINAIiICE NO. 823 "An Ordinance of the Ci ty of BurI ingame Regulating Food Establishments in Said city, Providing for the Issuance of Permits, -Specifying Fees, Eatablishing Penalties and Repealing A11 Ordinances in Conflict Eerewith" was read in ite entirety and introduced for first reading bry Councilrnan alobnson. 2 . REVISION IN UT,NICIPAL CODE--I.{-l DISTRICT AII{EIID!4ENTS I{ayor crosbDr announced that this was the tine and place scheduled to conduct a plrblic hearing to coasider revisions to the UuniciPal Code. r)D< lrtre chair referred to the city Planner, reho advised that a public hearingduly advertised, is before the City Council as the resu1t of an action taken by the Planning Comission; documents have been prepared and presented to CounciJ., including: (1) nesolution No. 2-65 "Recqmendingthe Adoption of an Ordinance Arnend ing the Regulations in !f-1 (Light Industrial) Districtsi' (2) Findirgs (r:xh ibit B), (3) D<cerpts of Planning Conrqission minutes relative to public hearings conducted on the proposed anendments antl (4) an Ordin:rnce (B<hibit A) "AoendingChapter 25.42, Ir{-1 District Regulations, of fitle 25, Zoning, of the 1965 ltunicipal Code of ttre City of Burliagane By Adding A Statement of Policlr, Deleting Certain Permitted Uses and Revising the LiBt of Irses Requiring Special Permits. " 1[he Chair declared t]re public hearing open and the Findings of the Planning Commission rrere read in tlreir entirety. A po11 of Council indicated that the minutes of the subject hearir4rs before the Planning C@rission had been read brlr the members. Questioned \r Councilman ttartin, the City Planner advised that only sub-section "Conditional Useg Requiring Special Pemit (Section 25.42.0301 - "Bricik, tile and terra cotta manufacturing" rras deleted therefrdn and that "motor freight term-inal" \ as added to the "truck and truck storage" aub-section. considerable discuaeion arose on a point raised by Councilman uartin concerning a portion of a proposed new section "f,' (Conditional Uses) i.e., "boating, marina or water-oriented sports areax in relation to the water Pollution Control Board'a iasue with the City on an alleged "hrater pollution nuisance" of the bay vraters adj acent to the City dunp and disposal plant and suggesting that the categories be elirninated from the "conditional uses requiring special pertnit" and placed under "prohibitive useg . " Itre city Planner stated that in hie opinion, it would be to the City's advantage to allo!, the three item6 to remain within the lt{unicipal Code for purposes of regulation, to serve as a guide to the Planning conuission and to maintain a "measure of control. " lltre City Attorney, in reply to council inquiry, advised that a section of the Planning Act stipulates that the city Council shall not change a recomnendation of the Planning Commission until it is returned to the PLanning comnission for report; that the Planning comission may take the suggestions under advisement for report to council at the next regular meeting; if, thereafter, it is determined to delete the items from the proposed ordinance for inclusion within the "prohibitive uses" section of the l,tunicipal Code, a publ i.c hearing is required. Councilman lt{artin moved that under Section 3 of the proposed ordinance, the Planning Commission consider the elimination of the last three itens in sub-section "f" (boating, marinas, or water-oriented Eports are) and adding the items instead, to the list under "Uses Prohibited in M-I Districts." ilhe motion was seconded by Councilman George and unanimously carried. Counc ilman Uartin rec-ormrended that a a\umary be prepared W the City's staff advising the Planning Cmmission of the City's concern with the water Pollution Control Board's allegations of \rater pollution in the area adjacent to the dump and sewer plant, its effects on the Coyote Point beach area and the measures being taken by the City to eliminate the 'truisance . " council:man ltartin stated his intention meeting of the Planning Comission and thereafter to the regnrlar meeting of Ju attend the next regular e hearing ras continued 6, 196s. to th 1y 226' BAYS IDE IUPROVE!{EIST DISTRICT RESOLUTIONS Iltayor crosblr recognized ti{r. Howard Eickey, Engineer, representing the Bayside Improvement District, who explaiaed tbat two resolutions have been prepared for Council action: (1) Declicating to the City (a) Sanitary serer facilities, (b) Industrial way as a publ ic street, and (c) Pemitting the widening of Bayahore Boulevard (tea feet); and (2) Authorizing execution of an agreaent relating to Carolaa Avenue and Industrial Way bet\reen the City of Burlingane and the Pacific eas and Electric Conpany. Reference was made to the agreement between the Pacific Gas and Electric Company and 1[he City of Burlingane ritrerein t]re latter is specified to pay approxinately $I0,0O0.00 as its share in the re- location of utility poles. Itle City Attorney advised that it is assumed that the City'B share will be paid from the Bayside Improvement District Bond Aaaessment funds; however, the original agreement does not 60 stipulate andit was his recoromendation that the contract with the utility ccmpauy be re-written to conform to the language coDtai-ned witbin the proposed resolution of agreement. Council eoncurring, action on the subject resolutions was deferreduntil the regular meeting of July 6, 1965. 1. STATE GRANTED "RIGET OF EIITRY" TROUSDALE DRIVE-SKYLIT{E BOTILEVARD A cmunication from the City I{anager, dated ilune 17, 1965, advisedthat the State of California haE requested pemission to enter uponCity property (Trousdale-SkyLine) for freeway purposes and has indicated that at the time a final deed is conpleted, a sun of $2,8I3.OO wi1l be paid to the City. It was recoErendd by the City Uanager that the "right of entry" be approved. A motion was introduced by Councilman Martin, seconded by Councibnan alohnson that the request be approved. lIhe notion carried unanirnously. PROGRESS ON DUUP OPERA?ION CONTRACT A comunication from the City ltlanager, dated .tune 17, 1965, adviged that progress has been made on the new dump contract and at a meeting scheduled for Tuesday, irune 22, a ney contract sha1l be reviewed to permit attorneys to prepare a " rough draft" for Council approval ithat it is anticipated that the contract draft shall be preEeated to CounciL prior to the next regular meeting. Ur. w. .r. O'Conne1l, sanitation Engineer Consultant, in attendance, rras invited by the Chair to comment on his colitrunication subnitted to Council on this date. Council w:as advised by ltlr. O'ConneII that refuse operations uader t]re'City's control at the dump area are now being well conducted and Urereis no basis for further criticism of the City; hor.rever, it was lris recomendation that Council consider the re-aligmnent of Sandrez creek. A sketch entitled "area Eurrounding Burlingame Refuse Disposal Site" was displayed. I{r. O'Connell explained that Sanc}rez Creek carriee a consideralcle anount of silt and if depoaited into a proposed lagoon channel, will create a marsh condition and a flooding of the dunp area. council was urged to consider diverting the Sanchez Creek channel across the fiJ.l area directly into the bay. COUUT'NICATIONS 2. W. J. O'CONNELLY REPORT 227 Council was advised by ltr. O'Connell that the San llateo County Board of Supervisorg has recently authorized an appropriation for additional engineering on the study of an overall county-eride sewage treatment system and a meeting with a supervisory cmrittee previously appointed will be held soon; that in addition, on aIuJ.y 22, *rc supervisory comitteewill meet with a tlr. IcClellan, representing the United States Public service Department, with the possibility of seeking federal assistance to integrate the entire county-wide sewer syatem. Ur. O'Connell suggested that a City representative plan to attend the forthcomilg meetingg and the City Uanager was requested thereafter to keep Council advised and to obtain the name s of the meurbers of the supervisory cdmittee. Councilrnan uartin, referring to !lr. o'Coonel1 's reconEtrendation tith respect to sanchez Creek, requeEted the city uanager to revier^r the "Adamson" Drainage report and to prepare a surmary of contents for Council info nation. lltre City Planner expressed an opposite view f rm that of I.{r. O' Connell c-oncerning sanchez creek, Etating that the flow of water and silt from sanchez creek is not aa intense as it waE originally and that the construction of s tor:m drains on oak Grove Avenue to Francisco Drive has intercepted the bulk of the water from the Sandrez channel . Further discussion concluded with the suggestion of Council that the subject be referred to a future study meeting. R.ECESS A receEs was declared by the Chair at Io:J-o p.m. CAI,,L TO ORDER The meeting reconvened at 10315 P.m. REFERENCE TO WATER POLLUT ION CONTROL BOARD .JI'LY I{EETING rn reply to Councilman ceorge's inquiry concerning City representation at the fortbcoming July 15 meeting of the water Pollution control Board, Ir{f. O'Connell advised tlrat he would ascertain if it would be advantageous to the City to have a representative present. lFtre City l{anager was requested to compose a letter as suggested and incLuded in l{r. O'connel's report to counciL, together wit}r copies of previous correspondence of the city, for transmittal to the water Pollution control Boald and bearing the signature of the llayor. Iitr. O'connell was comended btz uayor Crosby, on behalf of council , for his comprehensive and eomplete report concerning alleged pollution nuisances. In reply to Council, the City Engineer advised that docunents are being prepared scheduling iIuly 19, 1965, as the date to open bids for the constluction of a dike around the site of the dump. Reference was made by ttr. O'ConneII to his " suggested context of a letter" to be forararded to the San Francisco Bay Regional Water Pollution Control Board by the city Council in the matter of the City's alleged violation of Resolution No. 419 of the Regional Control Board, advising that a raore favorable irapression shall be created if the comnunication to the Regional Control Board is received directly from Council. 228 3. COUPREHENSIVE RECREATION SIUDY AIITHORIZED A comunication from the city llanager, dated ilune 17, 1965, advised that the National Recreation Association has indicated that the type and a.mount of services are erobodied in its letter of April 16, 1965, at an eati"trlated cost not to exceed $4,0OO.0O and if 1ess, the difference will be credited to the City. A reconmendation from the City trlanager that the professional study and survey be authorized, was concurred in by Council. RESOLUIION NO. 58-65 "Authorizi ng Acceptance of Proposal For A Compre- hensive Recreation study b!' the National Recreation Asaociationu wag introduced for passage on motion of Counciln.m ceorge, seconded by Councilman Martin and unaninously adopted upon RolI Call. 4. LI'NCEEON PROGRAM WITII SI'PERVISOP.S A cormunication from the city llanager, dated June 17, 1965, advised that the Board of Supervisors has indicated dateE available i-n August for a lunctreon meeting program with the Burl ingame City Council and menbers of the Board of Supervisors. Several members of Council indicating a possible absence froro tbe City while on vacation in August, the City Manager \ras requeated to ascertain the avaiLability of dates in Septetdber for the City-County luncheon Program. A comunicat ion f rqn ttre Peninsula Itlanufacturers Association, dated ifune 7, 1955, called the attention of Council to acute traffic problens affecting the Eovement of autos and trucl(s to and frm oajor euployment centerB in North San l{ateo County and the AssociatioD's creation of a comnittee to assist cormunit ies "toward finding the earliest aad moEt equitable solutions to 6uch highway problems. " Council members indicated its interest and Ur. Eonritz was requested to notifyin advance of the scheduled meeting. 6. S SITLEUEI.{IT PARCEL 3-E (Parking District) A comunication was acknowledged fr@ l,tr. arohn E. Lynch, representing the 1aw firrn of wilson, Jones, llorton & Llmch, dated June LI, 1965, presenting an offer to sell Parcel 3-II (portion of parking district Lot II, west of El Camino Real) fr@ ceorge iI., Robert F., and T. P. Zucca, in the amount of $27,500.00. FESOLUIION NO. 59-65 "A Resolution Authoriz ing settlement of Parcel 3-E (Zucca, 927,500) wae introduced for passage on motion of Counc ilman trtartin, Eeconded by councilman George and unanioously adopted upon RoIl Call. RESOLUTION NO. 60-65 "Determin ing General Prevailing Rate of Per Diem wages in the city of Burlingame" was introduced by councilman Johnaon, who rnoved its passage, seconded by counc ilnan Hartin and unanimouely adopted upon RoIl Call. 5. PENINST'LA IiIANI'FACTURERS ASSOCIATION RE: TRAFFIC PROBLEIT{S IN NORTE COI,N:IY llhe Chair referred to Ur. A1 S. Eorrrritz, Chairman, PIrIA's Eighway Problems CoEmittee, in attendance, who advised that breakfaat meetings are being scheduled with City representatives to encourage the cooperative efforts of both governmental agencies and his Association to alleviate vehicular highway traffic problems. RESOLT'TIONS r)D() ORDINAI{CES None . I,'NFINI SHED BUSINESS None. NEW BUSINESS Ihe Chair acl<nowledged receipt of nontbly reporta frdn the Police and Fire Departmenta, minutes frorn the Library Board and a report from the San Mateo County Safety Comittee. 2. CHARLES WILSON @UUENDATION A comun icat ion was read from Ernest L. Shaw, 2105 sumit Drive, dated ilune 11 , 1965, commending the efficiencry of Charles A. Irlilson, Supervisor, Street Department, on the recent occasion of a sewer emergency at hia home. lItre City anager was requested to acknowledge the cmrendation by directing an appropriate comunication to IrIr. Wilson on behalf of Council . Cormunicationa were read from Charles E. cfroerer, Chairman, Burlingame Irterchants' Association, dated alune 15, 1965, expreesing appreciation to Police Chief Lollin and his officers and Park Superintendent Francard and his department for their excellent assistance on the occasion of the ,June 12th celebration on Burlingarne Avenue commemorat ing the creation of dor ntoq,rn parking district 1ots. Ihe City lianager was requested to acknorpledge the c@mendation by appropriate comunications to the respective departments on behalf of Council . A comnunication was read from t{r. Earl B. Zwingle. dated June 18, 1965, suggestiJrg that Donnelly Avenue be created into a two-vray street to relieve vehicl.e traffic aDd to permit easier access to parking lot facilities. 1[tre comlmrnication was acknorrrledged and referred to the Parking comission for review and recommendation to council. A cqamunication dated June 17, 1955, was read frqn ur. member of the Civil Service Corulis sion, sublnitting his due to his moving from the City of Burlingame. iloseph Zif f , re s ignation The resignation \ras accepted and the City l,tanager requested to direct a letter to I{r. Ziff e:qrressing the appreciation of Council for his services. BI,DGET STI'DY SESSION Counc ilman ceorge, Chairman of a Council study meeting on the at 7:30 p.m. the Council Budget Cormittee, announced 1965-1965 Budget, Wednesday, June 23, CAP ITAL IUP ROVEI{ENTS The City Planner, in reply to Councilman Georgei s inquiries, advised that the Planning Conuoission is continuing its Etudy of a "Capital Improvement " Budget and a report wi}L be suhlitted soon to Council. }. ACIG{OWLEDGI{EIITS 3. POLICE AND PAXK DEPARN{ENT COUITENDATIONS 4. PROPOSE DONITELI.Y AVENUE A TWO-WAY STREET 5. CML SERVICE COI.{Ii{ISSION RESIGNATION 230 NEWSPAPER ITEIT1 RE: BAYFRONT DEVEIOPIT{ENT Councilman }lartin referred to a column in the San Uateo Ti.ules "Lettersto the Editor" and protested the criticism directed to the City Council in a letter written by Dr. and Urs. william Friedman of Hillsborough concerning the development of shoreline properties within the city limits of Burlingarne. councilman lttartin, in considerable detail, explained to Dr. and I.trs. Friedman, in attendance, that ci.rctrmstances beyond the control of Council pemitted the erection of a drive-in theatre on privately- orrned bayfront propertieB. Continuing, Councilman llartin advised that the City of Burlingame has been the only city with properties fronting the bay to consistently oppoEe the County's l.laster Plan to fill the bay area even more extensively and pointed out that the City's proposal to establish "tidal plain" zoning vrill control further filling of the bay in this area. Dr. Friedman, in addressing Council, stated that his letter vras hrritten priruarily in defense of lr{rs . aIanes Boslre1l ' s comunication to Council on a prior date and on the same issue. In acknowledging the statements of Council, Dr. Friedman suggested the appointrnent of a "publicrelations officer" to alert the public and to solicit their support on issues of this nature. June vrarrants, Nos. 423L-443L, duly audited, in the total amount of $L47,U2.91, were authorized drann on the City'a Treasury, on mot ion of CounciLman ltartin and seconded \r Councilnan ceorge. Payroll warrants, Nos. 3524-4085, Uonth of May, in the total anount of $123,345.26, were approved for payment on motion of Councilman t{artin and seconded by Councilman George. llhe meeting was adjourned at 11:20 p.m., to meet in regular segsion on July 6, 1955. Respectfully submitted APPROVED:HERBERT K. WEI TE, CIT:T CLERK CLAIII{S PAYROLIJ ADJOURNI.{SiT AilLr".* ') Uzo^Lvffi