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HomeMy WebLinkAboutMin - CC - 1965.10.0420D Burlingame, California October 4, L965 A regular meeting of the Burlingame City Council was held on the above given date. Meeting called to order at 8:10 p.m., - Mayor Crosby in the Chair. CALL T0 ORDER PLEDGE OF ALLEGIANCE At lrord from the Chair, Pledge of Allegiance to ROLL CALL the Council Chamber arose and gave the ag. alL the in F1 Present Ab sent Counc ilmen : Councilmen: Crosby- Diede richsen-George -Johns on-Ma rt Ln None MINUTES The Minutes of the regular meeting of September 20, L965, submittedpreviously to Council, amended to change the word "liquor" to "beer"(Llcense re: Dance Permit request) were ap.proved and adopted. The Minutes of the adJourned meeting of September 28, 1965, submittedto Council previously were approved and adopted. HEARING - BUILDING CODE ORDINANCE ADOPTINGI9MCoDE I'dayor Crosby announced that this was the time and place to conduct apublic hearing on t he proposed adoption of the 1964 Edition of theUniforn Building Code and amendments thereto as scheduled in ORDINANCE NO. 829 introduced for first reading at a prior meeting of Counc:il. Ihere being no one no comrnrnicationsbe c Losed. ORDINANCE NO. 829 present to speak in opposition or in approval on file, the hearing was declared by the Chair and to Bu ng o e t Unlted States Department of Agriculture Establishing Ru1es, Regulations and Standards For Buildiag Construction, the Movlng of Buildlngs and Excavation and Grading: Amending Sections 18.08.010, 18.08.110,18.08.185, 18.08.190, [8.08.210, t8.08.250, 18.08.310, 18.08.320 and 18.08.420 of the Burlingame Municipal Code; Adding Sections 18.08.209, 18.08.425, f8.08.540 and 18.08.545 to said Municipal Code; and Repealing Section 19.09.020 of sald Mr:nicipal Code" wasgiven its second reading and upon motion of Councilman Johnson, seconded by Councllman George, said Ordinance passed its second reading and was adopted by the following Roll CaLl vote: Ayes: CounciLmen: Crosby-Diederi-chsen-George-Johnson-MartinNoes: Councilmen: None Absent Councilmen: None COMMUNICATIONS t. BAYSIDE IMPROVM,{ENT DISTRICT SCHEDULE 4 EONTMET MRTACCEPTED rrAdopting by Reference L964 Edition of Uniform Amendments and Farmerrs Bulletin No. 1638 of the A comm:nication from the City l"tranager, dated September 30, 1965,advised that the P. S. Construction Coopany, Contractor, has com-pleted the construction of a reinforced concrete culvert structurein Sanchez Creek channel between Carolan Avenue and Bayshore Boule-vard in full compliance with Bayside Improvement District, Schedule No. 4 plans and specifications. 293 Council concurring with the recommendation of the City l,lanage r and the City Engineer that the project be accepted as complete, Council- man Johnson introduced and moved the passag e of RES0LUTION N0. 107-65 A Resolution Accepting Completion and Directing Engineer to ls SI Filetrict v Notice of Acceptance of Completion - Bayside Improvement D Schedule No. 4" seconded by Councilman George and unanimou adopted upon Roll Call vote. A comunication fron the City I'f,anager, dated September 30, 1965, advised that for purposes of parking uniformity, the Parking Conrnis-sion has recommended that "all two-hour parking on the city streets be established between the hours from 9:00 a.m. to 6:00 p.m., Sun- days and Holidays excepted.rr 2. TWO-HOI'R PARKING LIMITS ON CITY STREETS oncuiring with the recommendation,ORDII{ANCE NO. 833 "Cha nging ommencement of 1\uo-I{our Vehicle Parkinf L*nltations on Certain was introduced for first reading by Councilman Johnson. Cotnc i Time o Street lcfc stt 3. IIHHFA RE: ACQUISITION OPEN SPACE IAND A coumunication from the City Manager, dated September 30, L965,referred Council to a comunication received from the Housing and Home Finance Ageacy in. which the Agency, to continue processing theCityts application to participate in the State's "Open-Space Land Program" is requesting an opinion from an attorney that will (1) indicate citations as to the authority of the applicant to receive and expend public funds to acquire open-space lands for uses designated and (2) that the attorney has examined the proposed program outlinedin the application. The City Attorney advised that his Office is preparing a reply fortransmittal to the Agency in compliance with its request. 4. DIRT RE},IOVAL PI,AN FROM INSIDE BERM A coumunication from the City Manager, dated Septembelined a proposal for the removal of dirt from inside berm, accomplishing a dual purpose to provide (L) pro over the filled ara and (2) additional refuse disposa r30 the perlsp , L965, out- seven- ac re top cover ace Requested by Council to further elaborate on the proposal, the City Engineer advised of the urgency in undertaking the project as soon as i-t may be financed and prior to the effective date of the new dumpcontract; that the removal of four feet of mud from the northerly three acres within the berm, to be used as a dump covering, approxi- mates 20,000 cubic yards and from a price quoted by A. "Brtzz" Haskinsin the amount of seventy-five cents per cubic yard, the cost approxi- nates $L5,000.00. Councilman ltart in stated that in his opinion, a depth further thanthe four feet would be desirable and if necessary, the surplus ofmaterial therefrom eould be'btock-piled for future use." Questioned by the Chair for a recommendation, the City Engineer sug- gested that Council first resolve whether an enlarged dumping area or land fill is preferable; that if it is the former, it was his recom- mendation that more than the four feet be removed. Council indicatedits interest in providing an increased dumping area. With reference to financing the project, Counc ilman l,Iart in suggestedthat if sufficient funds are not available in the "Contingent Fundr" funds may be allocated from the "Sewer Ptant Capital Improvement Fund" and replaced with receipts from dump operation collections. In reply to Councilman Martin, the City Engineer advised that it ishis intention to lssue a "purchase order" to authorize the project. 294 An issue was raied concerning the lea Pro j b ect of this extent, with the C ality of advertising for bids onty Attorney advising that itci mus tttPub li e determined whether the proposed project is classified as ac projectt' requiring the advertisement of bids. Councilman Martin thereafter moved that the City Engineer be authorizedto issue a purchase order for the removel of dirt within the berm, unless an opinion received from the City Attorney requires competitivebidding. The motion was seconded by Councilman George and unanimously carried . A comrmrnlcation from the City Manager, dated September 30,1965, vised that the Parking Conrmission has recommended the enactment legisLature to: (1) establish a two-hour parking limitation on M (California Drive) between the hours from 9:30 a.m. to 6:00 p and no parking between the hours from 4:00 a.m. to 9:30 a.m., aa two-hour parking limitation on Lot B-1 (Chapin Avenue) betwee hours from 9:00 a.n. to 6:00 p.m. RESOLUTION N0. 108-65 "Re gulating the Ho urs of Parking on Burlingame Lots M and B-1" was introducedAvenue Area Off-Street Parking Districtfor passage on motion of Counc ilman George, seconded by Councilman Diederichsen and unanimously adopted upon Roll Call vote. 6. EXECUTION DI,,MP AGREE},IENT A communication from the City Manager, dated September 30, 1965, ad- vised that a dump contract between the City of Burlingame and the San Mateo Disposal Company is in final form and its agreement stipulations,permittlng sufficient flexibility for future planning, is advantageousto the City. It was the recommendation of the City Manager that Council authorize its execution. ilman Diederichsen's observation of the exclusion of a provision Lis hing a max imum "height of the lift and cover" and Councilmane's recommendation that a sub-section requiring the company to ne-half of the cost of materials in the installation of fire hy- e deleted, was briefly dlscussed with Mr. Louis J. Devincenzi,y, San Mateo Disposal Company, in attendance, indicating non to changes in the contract conditions. ad- of Lot .IIlr, nd (2) n the Counc estab Georg Pay o drant Secre obj ec Sec t iocost oof sai Sectio mine t sbtartio n1fadfnl he 8(b) "Company agrees to pay City upon dernand one-half of Cityrsdditional parts, fittings and sEterials in the installationire hydrants" was thereafter stricken from the contract and 9 was amended to include that "Ihe City I'lanager shall deter-rheight of the lift and the depth of the cover.r. with San Mateo Disposa Lease Transfer Station I Co. for Operation ofSite" was introduced b RESOLUTION NO. 109-65 "Authorizin g and Direct Execution of Agreementy Dump with Option to ounc ilman Johnson, who ichsen and unanimously ingciryC dermoved its passage, seconded by Councilman Dl-e adopted upon Roll Call vote. Mr. N. Zlrelli, Jr., 2L2 Dr,vight Road, Burlingame, was introduced by Mr. Devincenzi as the new Dump Operator. A comm,rnication to Council was acknowledged from Mr. L. J. Devincenzi under dated of October 4, L965, reporting on his inspection of the newly constructed berm enc 1os ingcertain defects in his opinion mahis 'rcomplete accord with the proof a "long and happy association venture . tt a portLon of the dump site whereiny be easily corrected, and expressing posed agreeuent" and his anticipationwith the City of Burlingame in this A motion was introduced by Councilman Diederichsen, seconded by CounciL- mand George and unanimously carried, tha t the present dump operators be notlfied of the termination of their contract, effective November 15, 1965. 5. TI^I0-HOUR PARKING 0N LOT-M AND LOT B-1 295 7. (a)A].,IUSEMENT LICENSE B CLUB SOHO A oemo was read from the C referring to reports from regarding the applicationfor a business operation p filed by Mr. Dan Franko, r ity Manager, dated September 30, 1965' the Police, Fire and llealth DePartments from an amusement or dance floor license roposed as the "CLub So-Ilo" 1316 Broadway, epiesenting the "Franko Corporation. " The City Manager recomended that the following conditions discussed at a prior meeting of Council be incorporated in giving approval to the License: (1) only adults over the age of twenty-one years be entitled to admittance: (2) a plainclothes police officer be placed on duty during weekends and on other evenings if required by the Chief of Poliie; and (3) that Council reserve the right to reduce the hours of operation proposed between 4:00 p.m. and 2:00 a.m. The City !tranager further re c onrnende d that the activity be observedto justify its continuance and that the license be issued on a trial six-month period from a designated date. A report from the llealth Department Lndicatefixtures to be incomplete and approval held inspection. dr the he installation ofrefor pending final Ihe Fire Departoent report, dated September 30, listing corrections necessary for license approval, was amended by a verbal report from the City l*danager that the Fire Department has advised his Office thatalL corrections according to fire inspection standards, have been nade as of this date, with the exception of the installation ofelectric ttexittt signs. A report from the Acting Chief of Police reconmended the employmentof an off duty as a requiremen ormend that theto operate an o offitofybe rder cer on Fridays, Saturdays and Holiday evenings the permit and stated his inclination to "rec-given an opportunity to demonstrate their abiLityrlly business. Councilman Diederichsen spoke on his conversatlon with the Building Department in which he learned that repeated visits to the premises by that D,epartment indicated certain plumb ing installations have not been corrected and that the applicant is personally doing work with-out benefit of contractors. Mr. Dan Franko, in attendance, advised that he is placing s ome ofthe installations and proceeding slowly; however, an electrical con-tractor has been engaged to lnstall appropriate lighting fixtures, including "exit" lights. To Council inquiries concerning his understanding that all inspec-tions must be approved prior to the lssuance of a license, that iE- provements must conform to building requirements or a certificateof occupancy cannot be issued and that Council is empowered to revokehis license, Mr. Franko replied in the affirmative. The City Manager recomrended that a legal interpretation be obtainedto clarify the anount of "fees" to be collected, particularly with reference to the proposed pool table use. Consi.derable discussion arose thereafter on provisions of the Coderequiring (t) the annual payment of a $15.00 fee for each mechanicalor amusement machine in which a coin must be deposited and (2) the annual fee of $50.00 to conduct a "pool hall or billiard parlor withfive tables or less" and to the question concerning the appropriateclassification under which the License of the applicant to place onepool table sha1l apply. Mr. Franko advised that the pool table is miniaEure in size and iscoin operated and to further Council inquiries, stated that the City'slicense department has issued licenses to operate a juke-box, a pin-ball machine, a pool cahle and a shuffle-board for a total of $55.00. 296 Having been advised by_ Mr. Franko that his application for a beer'license is pending, subsequent to a hearing Lifore tt" sirt"aLcohoricBeverage control Board, it was the consensls of council that fur-ther considerati.on to the application for a dance permit be with-held. Mr. Franko rdas requested by council to suburit evidence to substan-tiate'his claim that licenses have been issued to operate amusementdevices. The City ivLanager was requested in thefrom the License Collector.intermim to obtain a report 7. (b)COMMUNITY ANTENM TV OPERA TORS A memo was acknowledged from the City Manager, dated September 30,L965, concerning information that is'availibli from the- Interna-tional City Managersr Association on the sub-iect, ,,Comunity An-tenna Televisiol Systems" a franchise for whlch has been re(uestedfrcm the City of Burlingame by Ehe Television Corporation ofAmerica. Mr. Robert L. Ilammett, 1408 Alvarado Avenue, address i.ng the Council ,stated he had some knowledge of the subject and made ai observation'that-the "two_percent- of the gross receipts" offered to the City islow in comparison rilith the peicentage ofEered to other agencies. The City l"tranager was requested by Council to place the subject onthe study meeting agenda. 8. BROAUilAY OVERPASS RECOMMENDATIONS A comrnication was acknowledged from the Burlingame Planning Commis-sion, dated September 2L, L965, referri.ng to a previous request from Council that the Planning Corn'nission submit its con'ments on the rrYork and Dady Broadway Overpass Report" and stating that rrit is the con- sensus of the Planning Conrmissl., that since it nay be a number ofyears before the project will be completedr" reconm€nded five itemsthat may be performed in the near future to relieve the presenttraffic congestion and at the same time, foro an integral part ofthe total proj ect . CounciLuran Diederichsen advised of his attendance at a recent meetingof the Greater Highways Co'r'-ittee at which time a sub-corn'ni.tte , anong the nume rous projects considered, approved the allocation of County funds for the Broadway Overpass improvement construction. The recomrendations of the Planning Corurission were referred for Council considerati.on at the next study meeting. 9. PROPOSED 'IGENERAL PIAN PROGRAMI' A conmunication from the City Planner, dated September 29, 1965, ad- vised that the Planning Cosuris s ion has completely rdviewed the pro- gram presented by William Spangle and Associates for preparing a general plan for the City of Burlingame and has recormended that the Council proceed with the program submltted to Council and as outlined in the presentation titled "Proposed General PLan Program". The City Manager r as requested by the Chair to place the subJect on the Counci study meeting agenda. RECESS A recess was called by the Chair at 9:45 p.m. CALL TO ORDER The meeting was reconvened at 10:00 p.n. 25 of the Burlingame Municipal by Classifying Certain Lands Kn National Bank' Heretofore UnclaDistrlct" and setting 0ctober I Council, was introduced for fir 10. FIMINGS RE: CROCKER-CITIZEN LANDS T0 M-l ORDINANCE N0. 834 'rAn Ordinance A resolution from the Planning Comnission, recommending the adoptionof an ordinance classifying the "Lands of Crocker-Citizens National Bank" heretofore unclassified, to Light Industrial (M-1) District, was acknowledged and "Findings" of the Comrission read l"n thel-r en-tirety. 297 Amending Section 25.12.010 of Title Code Dividing the City into Districts own as tLands of Crocker-Citizensssified, to Light Industrial (M-1) 8, 1965, as a public hearing beforest reading by Councilnan Johnson. eed Limit onfor first reading 65, was withdrawn RESOLUTIONS RESOLUTION NO. 110-65 "A Resolution Determi-ni ng that the Public Interest and NEiesslty Require the Acquisition and Taking of Cer-tain Land Directing the Filing of Eminent Doma in Proceedings" (Lot 28, Block 16, Burlingame Grove - Broadway area) was introduced by Councilman Johnson, who moved its passage, seconded by Counciluran Martin and adopted unanimously upon Roll Call vote. 0RDIMNCES - Consideration thereof: 0RDINANCE NO. 830 "An Ordinance Amending Chapter 25.42, M-I DistrictE@ion1s, ofTrtLe 25, Zoning, of the Municipal Code of the Cityof Burlingame by Revising the List of Prohibited Uses" (to include marinas, boat harbor facilities, etc) was given its second reading and upon motion of CouncLlman I'trartin, seconded by Councilman Johnson said ordinance passed its second reading and was adopted by thefollowing Rol1 Call vote : Ayes : Councilmen: Crosby-Diederichsen-George-Johnson-MartinNoes: Councilmen: None Absent Councilmen: None ORDINANCE NO. 832 "Re pealing 35 Miles Per llour Sp Trousdale Drive" introduced by Councilman I'lart inat a regular meeting of Council , September 20, L9 by consent of Council, frcrn the Agenda. REFERENCE TO 'IDIRT HAI]L OPERATION'' Councilman I'lart in gave a brief report on his observation of the dirt haul operation currently ln progress on Trousdale Drive, reeommendingthat it may be more advantageous, particularly during rush hours, to rel-ocate the f lagnan from the Skyline Boulevard-Trousda le Drive inter- section to Hunt Drive . UNFINISHED BUSINESS I. SALARY SURVEY In reply to Counc i.lman Diederichsenrs inquiry concerning a salary survey suggested by Council during budget sessions, the City Manager advised that information shall be available at the next Council study meeting. NEhI BUSINESS I. ,'ABAG'' MEETING Councilrr,an Martin reported on his recent attendance in company withthe City Planner at- a meeting of the Association of Bay Area Govern- ments and the result of a vote taken wherein officers serving in a temporary capacity shall remain so until the Executive Committee sub-mits its reconmendations in February, 1965. 2. FIRE PREVEN?ION WEEK OBSERVANCE Councilman Johnson reported on her aEtendance at the Villa Hotel, Thursday, September 20, on the occasion of the annual Fire Prevention Week rrkick-of f " observance. 298 3. CIVIL DEFENSE ACTIVITIES Councilnan George reported on his attendance at a recent meeting of the City-County Civil Defense and Disaster Prepardness Council and the plan wherein trucks have been designated a specific area ln the event of an earthquake or disaster. Councilm:n George further reported on the recent successful Civil Defense rrcoorm,rnication testrr and the establishment of . rrhot linesinto hospitals" for use on occasions of disaster. ANNOUNCEMENTS The City Planner advised that in observance of the forthcoming Leagueof California Cities Conference in San Francisco, October LL, 12 and 13, the next Planning Conmis si on study meeting had been sched-uled for Wednesday evening, October 13, 8:00 p.m. The next study meeting of tle Council- was deferred to a date to be announced at the next regular oeeting, October 18, 1965. ACKNOWLEDGEMENTS !trayor Crosby acknowledged receipt of the llinutes of the PlanningComrission and the Parking Con'mission. Counc ilman George referred to an item in the minutes concerning November 23, Thanksgiving Day occuring on meeting date of the Parking Comrission. l{r. Alfred Kaufur,ann, member of the Parking Comnission, in atten- dance, advised that it was the intention of the Coumission toforego its monthly meeting in Noveuiber unless a special issue arose wherein another date would be selected. Mr. Kaufnuann, advised by Council that there is no provision inthe ordinances of the city to eliminate monthly meetings eitherfor Co'r'mis s ions or Council, stated that he would lnform Mr. BruceKirkbride, Chairman of the Parking Cormission. of the latter the regular Ihe City Planner advised that the question of creatlng Rhinette Avenue and Juanita Avenue, between Laguna Avenue and CaliforniaDrive, into one-way streets, referred to the Parking Commissionby Council, initiated some discussion at its last regular meeting, concerning a clarification defining the functional areas whereinboth the Health, Safety & Traffic Conmission and the Parking Commission may perform their respective duties. Following a brief discussion, it was determined that "traffic movement " issued applied to the Health, Safety and Traffic Conmission and "parking on and off street" to the Parking Co",.ni - s ion. CLARIFICATION RE : COWISSION DUTIES-RESPONSIBILITIES ADJOURN},IENT There being no further transaction of business, the meeting rrasregularly adjourned at 10:40 p.n. Respectfully submitted I APPROVED: /1 JId1