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HomeMy WebLinkAboutMin - CC - 1964.07.28Burlingame,;"ry z#, CaL ifornia L964 43 above in CAL], ?O ORDER A regular meeting of given date. Meeting the Chair. the Burlingame City Council was held on the ca1led to order at 8:10 p.m., - ltiayor llartin P],MGE OF ALLEGIANCE At word from the Chair, Pledge of Allegiance to in the Council Chamber arose and gave the E 1ag. all the Present Absent Councilmen: Councilmen : Crosby-Diederichsen-George-Johnson-Irlart in t None. MINUTES ftre minutes of the meeting of July 6, L964, subrnitted previously to Council were unanimously approved and adopted following a correction that the word "L911" be changed in the 4th paragraph under the heading "Petition to Form Assessment Dj.strict." REPORT E.ROI*I CITY OF CUERNAVACA Uayor llartin announced that a communication has been received from the President of the City of Cuernavaca, acknowledging receipt of a communication from the City of Burlingame, 'rsister City" to the City of Cuernavaca and the recent visit of Burlingame visitors, !lrs- LoReene Fl]mn and Miss }larianne ltlcKay. The presence in the audience of !lrs. Flynn and l*liss llcKay was acknowl- edged by the Chair, with l{rs. Flynn reporting briefly on their recent visit to Cuernavaca, the cordial reception they both recei.ved and presenting to CounciL, on behalf of the President, an official docrment certifying to the "sister City" reLationship. I. PROPOSED DELETION PARKING DISTRICT I.oT 1-G It{ayor }tartin announced that this was the time and place scheduled byprior Council action to conduct a public hearing on the proposed deletion of Parking District Lot 1-c, inunediately to the rear of the lleh, Peninsula Bank - A letter was read from the Peninsula National Bank, dated iluly t, 1964. suggesting that the sale of Lot 1-G, being immediately adjacent to the bank premises on Park Road, from the City to the Bank, would be to the mutual interest of both agencies and would assist in the solution of the critical Parking District deficit; and, offering to purchase the Iot at a price of $44,O0O.00; said price to include the value of the 1and, improvements thereof (drainage and paving) engineering expenses (1eve11in9) and other miscellaneous expenses required to confornr said lot for parking purposes. ROLT CALI, I{r. Ben L. Eechinger, Chairman, Burlingame Sister City Conmittee, spoke on plans being formulated to welcome the President of Cuernavaca and his party on the occasion of their intended visit in October to the city of Burlingame. HEARINGS 44 The communication further offered to give to the City, the right offirst refusal to re-purchase the Iot at the same price, when the bank may no longer desire to retain the lot for servj.ng the parkingof its customersi to make the lot available for free public parking on Saturdays, Sundays and holidays and after 6:O0 p.m., daily, until 8:00 a.m., and to provide, in effect, the same parking area at no cost to the city. A second letter was read from the Peninsula National Bank, dated .fuly 20, 1964, applying for a credj-t against the assessment which woul,d other*rise be levied against said parcel in the full amount thereof, as provided in the Proceedings for the formation of the Parking District. Mr. fhomas C. lloroney, Chairman, Board of Directors, Peninsula National Bank, invited by the Chair to comment further, stated that the proposal would benefit the facilities of the bank as well as the City of Burlingane and pledged that the bank officials rculd be willing to cooperate with a1l concerned to resolve neighborhood problerns. Replying to inquiries from the Chair, I{r. Kenneth I. Jones, Attorney, representing the Parking District, advised that it is legally possible for the City to negotiate the disposition of the property (Lot I-c) as outlined in the corEnunication from the Peninsula National Bank and to allow fuLl credit against the assessment, as has occurred in prior and simj-Iar instances. Itlr. ilones added that "monetarily, it is to the advantage of the City." lrtr. Penaluna was recognized by the Chair to initiate the discussion by the opponents. Ir{r. Penaluna stated that his clients previously supported the Parking District project; that their property on Howard Avenue has a rear access to the current parking 1ot, which gave rise to several questions: (f) Can the City legaIly sell the parcel and disturb the original Parking District plan? (2) Is it possible for Parcel I-G to be subdivided as to only include that portion that adjoins the bank building? (3) What would be the effect on future plans to provide double-decking? ur. Penaluna stated that objections would be withdrawn if the agreement between the city of Burlingame and the PeninsuLa National- Bank included a stipulation that a rear access to his client's Property shal1 be retained. The Chair ruled an swered at the that aI1 inquiries raised by the opponents would be conclusion of the presentations . Urs. Clare Rockwell, owner of ProPerty located at 1333 Howard Avenue, entered a strong protest to the annexation of the subject parcel by the bank, al.leging that Council's action indicated "Partiality" by giving improper notice to the proposed deletion; that the bank is merely occupying its premises on a lease basis and that the pareel converted to bank usage shall deprive her of a rear access to her busine s s . written comnunications received by council were read into the record from !1r. william w. Penaluna, Attorney, dated .Tu1y L7, L964, advising that he has been retained by ltlrs. K. J. Snith, owner of property at 1319-1321 Howard Avenue, to speak in opposition to exclude the subj ect parcel and from Urs. C1are Roekwell, owner of property at 1333 Howard Avenue, protesting the sale of Lot 1-G to the bank. 45 Mayor Uart in protested the allegations and in a series of inguiries to the Attorney for the District and to the City Attorney, Council ascertained that the action taken thus far with respect to Parking District procedure has been conducted in a legal and proper manner. Ttte City Clerk testified that the notice of hearing on the proposed deletion was published twice, according to 1aw, in the Burlingame Advance Star and creen Sheet, with a copy posted on the Bulletin Board at the entrance to the City HalI on Tuesday morning, iluly 7, 1964. In reply to a contradictory cotnment by Urs. Rockwell that the notice was only recently posted, the City Clerk advised that a copy of the notice was removed from and re-posted on the Bulletin Board on this morning for a brief period to make a copy for the protestant at her request. It{iss Evelyn Gilberts, former owner of the subj ect lot, protested the proposed sale on the basis that the property was condemned for inclusion within the Parking District and that she was required, therefore, to forego her residence and assume a loss in revenue from rental income. Itlrs. Samuel WeIz, L2L Park Road, property owner within the Parking District, speaking on the assessments levied against property olrners within the District, expressed the opinion tltat with the sale of Parcel l-G to the bank, all assessments shouLd be reduced. Itlayor uartin, for purposes of clarification, repeated the offer and terms presented by the bank, stating that the $44,00O.00 represented the purchase price of Lot l-G (formerly owned by Gilbers) plus fees, the removal of all structures and improvements to complete the parking facility; that if the parcel is sold, the assessnents can be readjusted on the basis of the purchase price, less i:nprovement costs borne by the Districti however, the subjeet lot is sti),l being proposed as a parking facility and from a "practical" standpoint, the City sha1l receive a greater benefit from the proposed sale by the retention of the property on the tax rolls of the City. An inquiry from Ur. Roger Duncan, ordner of property within the Assessment District, concerning a thoroughfare frqll Park Road to Primrose Road, was referred bY the Chair to I{r. Irloroney, representing the bank interests, who indicated that it could be so stipulated within the agreement of sale. From a series of questions directed to the Attorney for the District, to the Engineer for the District and to Mr. Moroney, the Chaiman of the Board of Directors, Peninsula National Bank, Council was advised:(1) Itrat under the "general rule of law" the City may dispose of property for "public" usage; (2) Lot 1-c, the subject parcel, $ras included in the original petition (formally before Council on ;Iuly 25, L962) i (3) 1lhe Peninsula National Bank was officially authorized to conduct business on April 27, L964i (4) A more than sufficient period of tirne has elapsed bet\.reen the initial inclusion of Lot l-G within the Parking District and the receipt of the Bank's offer to purchase the parcel to discredit an allegation of "partiality;" and (5) So far as may be determined, the City is not required to provide a property owner with a private access to a Parking District lot. Speaking on the possibility of a future "double-decked" parking facility, ltayor Irtartin questioned Ur. Uoroney on whether the bank would re-sell the property to the City at the currently offered price. ltr - lloroney indicated there would be no objeetion and suggested that a provision be so stipulated within the Contract Agreement. 46 A poII taken by the Chair of other medbe rs of the Board of Directorsin attendance, indicated their concurrence with the comments expressed by the Chairman of the Board, with a further recommendationthat if the facility is to be double-decked, the Agreement stipulatethat the first decl< be reserved for bank parking facilities. Following further discussion and concurrence that an agreement can be negotiated to the mutual benefit of alt concerned, Irlayor llartin declared the hearing closed. A motion was thereupon introduced by Councilrnan Cros\r, seconded by Councilman ilohnson that Lot 1-G be deleted from the Burlingame Avenue Area Off-Street Parking Dj.strict No. 1. The motion was seconded by Councilman ilohnson and unanimously carried. Council concurrd with the recommendation of the City Attorney that the proposaf of the Peninsula National Bank (letter July 1, 1964) be used as a basis in which to prepare the contract documents, added thereto or deleted therefrom as may be recommended and submitted to Council for adoption or rejection. ur. Jacl< Van zandt, Engineer for the Parki.ng District, was recognized by the Chair and in turn sutrnitted brochures entitled "Supplement to Assessment Burlingame Avenue Area Off-Street Parki.ng District" reflecting changes ordered by Council at the conclusion of pr:blic hearings held with respect to the Parking District. t'lr. van zandt advised that the report comprises (a) an amended assessment diagram, deleting Parcel 6-E and Parcel 1-E, a ten-foot pedestrian lane and Parcel I-c, (b) An amended acquisition map; (c) a proposed assessment in the amount of $167,820.44, reflecting an increase in assessments as orderedi (d) an amended description of properties to be acquired; (e) rarking credits in relation to the deletions ordered. REsoLurIoN No. 85-64 "A Resolution order ing Changes and lqodifications Burlingame Avenue Area Off-street Parking District" was introduced for passage on motion of Councilman Crosby, seconded by Councilman Diederidrsen and unanimously carried upon Roll CaI1. RECESS A recess was declared by the Chair at IO:O5 p.m. CALL TO ORDER The meeting was re-calIed to order at IO:20 p.m. HEARINGS (contined) 2 CALIFORNIA DRIVE RE}{OVAI, POLES A}ID OVERHEAD WIRES Irlayor Martin announced that this was the time and place to conduct a public hearing on the proposed removal of poles and overhead wires in connection with improvements proposed in an area on California Drive from Burlingane Avenue to Peninsula Avenue and on Eoward Avenue between California Drive and Lorton Avenue - From inquiries by the Chair to lrlr. Jones, to the City Attorney and to lrlr. Moroney, Council was further advised that (1) The hearing on this occasion is concerned with the " removal of Lot 1-G,' so1e1y; if the contract negotiations fai1, it is possible to re-schedule a hearing to replace it \./ithin the Parking District; (2) tot l-c cannot be subdivided to acconmodate a property owner by providing an accessi the proposal is to consider the "Iot as a whole";(3) if, under the terms of the Contract, the property is re-sold to the City, the latter is under no obligation to continue ttre access. € 47 Ihere being no proponents or opponents communications placed on file with the declared the public hearing closed. to be heard city clerk, in person and no I'layor I{artin The city Attorney reconrmended, t'rith Council concurring, that a period of one hundred and eighty days be established to effectuate the conversion to Underground Utility Servj-ce. RESOIIITION NO. 86-64 "A Resolution Orderin g the Removal of Poles and Overhead Wires and Associated Overhead Structures from the Streets, A11eys and Vlays in the City of Burlingame Pursuant to Ordinance No. 8O3, was introduced for passage upon motion of Councilman Johnson, seconded by Councilman ceorge and unanimously adopted upon Roll call vote. 3. DOUGLAS PRINGLE VARIAIiICE RE: " SKYLINE PRO,]ECT " Irlayor l,tart in announced that this was the time and place scheduled to conduct a public hearing on a variance application submitted by the Pringle Construction Company to construct apartments on Skyline Boulevard and Trousdale Drive, submitted previously to and subsequently deniend by the Planning Conunission on June 22, L964. A communication from the Pringle Construction Company, dated .Tune 23, 7964, appealing the ruling of the Planning Commission and a conununication from Irtr. Cl.rus iI. Itlclt1illan, Attorney, representing the Pringle Company, dated July L, L964, requesting that the subject be scheduled for council public hearing on ifuly 20, L964, were adcnowledged. A conununication fron the City Planner, dated July L, 1964, advised that at the conclusion of the hearing on both the matter of a variance and a tentative subdivision map, the comnission voted to deny the appl-ication and to recommend disapproval of the tentative rnap; that the variance application lras denied because of the failure to meet the requisites set forth in the Ordinance Code. It{r. McMi1lan, Attorney, representing the applicant, was recognized by the Chair and described the use intended for a 3.12 acre of vacant and unimproved land, zoned R-I in the Skyline Boulevard area of the Irlills Estatei that the proposed construction of two apartment buildings comprising 115 apartment units is bounded on the west by the Skyline Boulevard, on the South by Trousdale Drive, wherein a portion shall be fenced (City to require a dedication of a one-foot strip) to create a State-proposed interchange with the Skyline Boulevard, on the North by a Skyline Development Conpany project and on t].e East by a steep and sloping easement . ur. IqcMillan continued by stating that tbe area is inappropriate for an R-l zoning usagei the property is adjacent to a freeway and across the street from a thirteen-story apartment; the area is considered to be a good location for a luxury, garden-type construction, attractively landscaped and an excellent "buffer" between the towe r construction and the residential area; the conibined buildings cover forty-one percent of the total parcel; the proposal represents an investnent of $2,500,0O0.O0 and in instances wherein a variance rather than a rezoning is approved, it is within the jurisdiction of Council to impose specific conditions. In reply to Council inquiries, including the proposal's conformance hrith variance requirements, Mr. Irlcl{ilL an advised that (1) the high-rise construction as set forth in a "planned deveJ.opment" of the area by the City of Uillbrae has a definite effect on the use proposed by his client and justified the creation of an " acceptable buffer zone"i (2) the area is not compatible with an R-l zoning land usage; (3) trees will be planted with an initial height of twenty feet to screen the buildings; (4) ingress and egress will be possible only on Frontera Drive; the applicant has ovrned the property for a period of three month s and the subject variance is the only one being requested for this particular proj ect . 1FE{8 An inquiry from Council to Mr. ifohn C. Bauer, president, Burlingamellills Estate Home Owners' Association, indicated that of the sma1l percentage of membe rs present at a meeting to hear I{r. pringle's presentation, fifteen entered no objection to the proposal and two abstained from comment. Ihere being no f urther cotnrnent s f rorn proponents, Irlayor llartin invited those in opposition to speak. Mr. D. E. Sullivan, 1825 Castenada Avenue, representing !tr. H. X. wolff, Jr., 1825 Ashton Avenue, President of the Burlingane-Itlillbrae Uills Estate Home Ovrners' Association, advised that *}tile comnuni- cations have not been sent either to tl1e planning Comnission or to Council, the membership has continued to oppose the construction of apartments as an opening wedge for intrusion in an R-I zone and it was the understanding of the Association that legal difficulties encountered in the development of the Iriillbrae property may forego future construction. Mayor Martin referred his inquiries r^rith respect to public utilities in the area to the City Engineer who advised in effect that with the new installation of twelve-inch water mains to insure adequate water and fire flow and the applicant's consent to comply with engineering recommendations concerning storm drainage and sanitary sewer facilities, all appeared adequate. A discussion arose on the estimated 297 to 60 population density ratio based on the proposal of 115 apartment units and an estimated 15 hone sites and the number of esti.rnated children. The city Planner advised that his estimates included approximately thirty children for the single family dwellilgs and fifty-five children within the proposed apartrlent unit, that in referri.ng to the freeway hazards, the proposed construction would increase the nudber of automobiles and car movements per day adding to the street traffic. The City Planner observed that the area is not a portion of the freeway and stated that in his opinion, "single family dwellings can do just as well as apartments " and a "freeway does not make a great dea] of difference. " Itlayor Irlartin, follor+ing further discussion and in summarizing the points presented. questioned the ratio of parking spaces, with Council being advised by the City Planner that 167 spaces have been provided. eight spaces above the requirements of the Code. llayor Uartin' s increased to a applicant. suggestion that the nunloer of parking spaces be total of 225, was met with the approval of the and a motion \rfailed for the A pol1 of Council thereafter indicated, with one exception, no objection to the Proposed ccinstruction of the t\^lo three-storied maximum height apartments. councilman Diederichsen spoke on the Planning Conmrission's prior deliberations in developing the hillside areas of the City and stated that in his opinion, the next issue would be to receive a request to develop a cotunercial facility in the area. The hearing was declared closed by Mayor llartin Councilman Diederichsen to deny the aPPlication lack of a second. H 49 A motion introduced by Councilman Johnson that the decision of the Planning Cdulrission be overruled and the application be approved subject to final approval of the subdivision map, seconded by Councilman ceorge was adopted by the following Roll CalI vote: Ayes: Noes: Councilmen: Councilmen: Crosby-ceorge-Johnson-uartin . Diederidrsen. Ayes: Noes: PRINGI,E TENTATIVE MAP APPROVED Councilman Johnson moved that the Tentative lilap of the proposed "skyline Towers" submitted by the applicant, Mr. Douglas Pringl-e, be approved, seconded \r Councilman George and adopted by the foLlowing RolI call vote: Councilmen: Councilmen: Cro sby-George-Johnson-!tartin. Diederichsen. PENINSULA CONSERVATOR:| OT I{USIC TO VACATE A request from the Peninsula conservatory of Music for an extension of t ime to remain on Donnelly Avenue property, proposed for conversion to a parking lot within the Parking District project, was unanimously denied by council and the City Manager hras requested to so notify the Conservatory. COMMUNICATIONS A cotrurunication from the City l{anager, dated July L7, L964, advised that the Division of Highways has indicated that a budget for the following projects shall be approved: (1) widening of California Drive fron Oak Grove Avenue to No rth Lane, in the amount of $26,64L.9L;(2) crading and paving of Rollins Road from Broad\^ray to Ingold Road, in the anount of $22,212.9O; and (3) The maintenance of all City streets in the anount of $53,970.00. A recommendation from the City Engineer and the City llanager that a resolution be adopted to obtain the allocation of available Gas Tax funds was concurred in by Council and RESOLUTION NO. 87-64 "Resolution of the City Council of the City of Burlingame Adopting Budget for D.penditure of funds Allocated from the State Eighway Fund to cities" was introduced for passage on motion of Councilman Crosby, seconded by Councilman John son and unanimously adopted upon RoI1 Call vote. 2. CONTRACT WATER PI'UPS-CONTROLS APPROVED A communication from the City llanager, dated July L7, L964, advised that the Kennedy ELectric Company has conpleted all the requirements as set forth in the plans and sepcifications for the water system pumps and controls constructed in lttills Estate No. 19 and it r^ras recommended that the project be accepted as complete. RESOLUTION NO. 88-64 "ACC epting construction of ltlills Estate No. 19 water system, Pumps and controls, Job No. 64-12" was introduced for passage on motion of Councilman crosby, seconded by councilman ceorge and unanimously adopted upon RoII CalI vote. A comaunication from the City Uanager, dated aluly L7, L964, recommended that Council approve the filing of an application with the san uateo county Local Agency to annex one-half of Skyline Boulevard from uargarita Avenue to the City limits of llillbrae; said annexation is I. GAS TAX EXPETIDITURE BIJDGET APPROVED 3. APPLICAEION AIiINEXATION PORTION SKYLINE BLVD. ffi 50 necessary to acconunodate the llills Estate No. 25 constructed at the intersection of Trousdale and Skyline, north of l{argarita. improvement s to be Skyline and along Council unanirnously concurred with said application. the recommendat ion approving 4A. CITY ENGINEERING TO CONDUCT WORK PARKING I,OTS A memo from the City Manager, dated ,July 17, 1964, advised that the City's Engineering Department will proceed with the designing, surveying and other work pertinent to the proposed earking District lots with the Engineers of Work, Wilsey Ham and BlaiL offering to withdraw in the interest of minimizing costs. fhe City l{anager further advised that the Engineering Department will be augmented with additional daily assistance at the existing wage scale and under the supervision of the City Engineer and it was requested that Council authorize the outlined procedure. Councilman Diederichsen moved that the offer of Wilsey, IIam and Blair, to hrithdraw as Engineers of Work, Parking District No. 1, be accepted, seconded by Councilman Johnson and unani-nously carried. Council authorized that the procedure for the accomplishment of design, plans and specifications for obtaining bids for the parking project, as outlined by the City llanager be approved. 4b. REMOVAI PARKING I,OT STRUCTURES A memo from the City Irlanager, dated July 17, 1964, advised that the criffith property at 126O Donnelly Avenue and the dwelling adjacent to the Library are vacant and it hras requested that authorization be given to remove the structures to create Parking District Lot A. 4c. PROPOSAIS PRELIMINAtr ENGINEER WORK RE: BROADWAY II{PROVE!4ENT A memo from the City l,lanager, dated iluly 17, 1964, referred Council to proposals received with respect to prelirinary engineering for Broadrray improvements from california Drive to the Bayshore Freeway. Proposals received to date hrere engineering firms: acknowledged from the foLlowing The city Manager was thereafter contractor to proceed with said authorized removal of to notify the demolition structures. $7, 3Oo.OO 6, 500. o0 8,500.o0 action was deferred until the regular 1964, with the City ltanager instructed analysis report for Council inforrnation. 1. wilsey, IIam and Blair 2. ceorge S. Nolte 3. Howard A. York-Edmund T.DaIy Ir{ayor tr{artin ref erred to the proposal submitted by wil sey, Ham and Blair and noted severaL points not clearly defined. A representative of the firm ad(nowledged the possibility that the "maxjmum" figure quoted may be increased. Representatives of the other engineering firms indj.cated to Council that their respective bids would remain as quoted. Following a brief discussion, meeting of council, Augrust 3, in the interim, to prepare an 51 5. 1964-1965 BUDGET ADOPTED A comnunication from the city lqanager, dated July L7, L964. advised that ehanges previously directed by Council have been incorporated into the L964-L965 fiscal year budget and is therefor presented for adoption. RESOLUTTON NO. 89-64 "Ad opting Year Ending ,June 30, 1965" uras Councilman Crosby, seconded by adopted upon Roll CalL vote. Budget City of Burlingame, For Fiscal introduced for passage on motion of Councilman alohnson and unanimously 6. CAP ITAI IMP ROVEMENTS lltre Chair acknowledged, with appropriate commendation to the city Planner, a eornmunication, dated July 14, 1964, and a report suhnitted by the Planning Conunission, recommending "Capital Improvement " projects for the peri.od 1964-1965. Itre subject matter was referred for Council study, Wednesday, August 5, L964. 7 . COMI.{ERCIAL USAGE VS . c-1 ZONING A conununication was received frdn l{rs. C. A. Hubbard, 1601 Ilohrard Avenue, requesting permission to rent one of her units in a four-apartment dwelling, 1412 Chapin Avenue, for commercial purposes. The City Planner, in a communication dated iIuly 17, L964, outlined a brief history of a prior instance in which the C-1, Fj.rst Fire Zoned property is alleged to have been used similarly, although there appears to be no record of a business license and advised that a dispute has arisen because the Fire Inspector and the Building Inspector cannot approve the use unless fire and building codes are met. Following a brief discussion, Council concurred that code provisions must be upheld. Pointing to a possible sjrnilarity with respect to the premises adjacent to L4L2 Chapin Avenue, Councilman Johnson requested the City lllanager to investigate and to report to Council . A conununication was acknowledged from !1r. Frank D. O'Sullivan, 1392 Vancouver Avenue, dated ,July L6, L964, appealing the decision of the Burlingane City Planning Comnission in denying his application for a variance to construct a fenee along the property line of the subject property. Council hearing thereafter scheduled [onday, August 3, L964, for public on the issue. RESOI,UTIONS RESOLUTIoN NO. 90-64 "Fixin g and Establishing classifications, Salaries and Rates of Pay of Eftployees j.n the Classified Service of the City of Burlingame" was introduced for passage on motion of Councilman Johnson, seconded by Councilman Diederichsen and unanimously adopted upon Roll CaIl vote. R.E$LIIIION NO. 91-64 " Increas ing Compensation of City Manager" was introduced by councilman crosby who moved its passage, seconded by counciLaan ceorge and unanimously adopted upon Roll Call vote. 8. APPEAL FRANK D. O'SULLIVAN TENCE VARIANCE 52 RESOLUTION NO. 92-64 "Au thorizing D<ecution of an AgreementItlodifying the Agreement for special planning and Advisory servicesDated ilanuary 7, L952', hras introduced by Councilman George, r+tromoved its passage, seconded by Councilman Crosby and unanimouslyadopted upon RolI CalI vote. RESOIUTION NO. 93-64 "A Resolution Re guiring the City Treasurerto Perform the Duties of payroll clerk, prescribing his Dutiesas Such Payroll CLerk and Fixing the Compensation for Such Duties,, was introduced by Councilman alohnson, who moved its passage, seconded by Councilman ceorge and unanimously adopted upon RolICalI vote. ORDINANCE NO. 809 "An Ordinance Amend ing Section 1904, Article 50,Part X of the 1941 Ordinance code of the City of Burlingame, Dividing the City Into Districts by Classifying Acreage Herein Descrj.bed to Light Industrial (u-l-) District" was introduced for first reading by Councilman Diederichsen. A public hearing, as scheduled thereafter required by provisions of the Code, v'las for August 3, 1964. ORDINANCE NO. 81O "An Ordinance Amend ing the Ordinance Code of the City of Burlingame By Mding Ttrereto Section 412.4 Fixing the Compensation of the city clerk for His Services as city Auditor and Assistant Secretary of the Planning Commission" was introduced for first reading by Councilman Diederichsen. I]NFINISHED BUSINESS FORMATION "BAYSIDE IMPROVEMENT DISTRICT" llayor Martin announced that the petition to form an Assesstrent District including the properties of the Burli.ngarne Shore Land Corpany and the Recla.mation District, submitted at the J.ast regular meeting and action withheld to this date, would be considered by Council at this t j-ne. Mr. Kenneth I. Jones, Attorney, representing the petitioners to the proposed Assessment District, i.n answer to Council inquiries concerning the selection to formulate the District under provisions of the 1915 rather than the l9ll Improvement Act, submitted in some detail, the areas within the State of California applying the two Improvement Acts, and pointing out that the Bay Area is consistent in the use of the I9I5 Improvement Act for industrial type development i that there is a difference of one percent to one atrd one-half percent interest rate between the I9I1 and the 1915 Act and a probable difference on the bond price from one percent to thro Percent. Reference was made to a communication received from I.1r. ilones under the date of JuIy L6, L964, that included a tabulation on costa and property val-uations in the proposed Bayside Improvement project. Considerable discussion arose in analyzing the land values, the esti.mated costs and the assessments of the two separate areas comprising the Project (Reclamation and adjacent areas and tl.e Bayshore-Carol-an Avenue Areas) wherein, it was the opinion of the Attorney for the District that the ratio of security of the proPerties in the Assessment District hrarrant the use of the 1915 Act Bonds to finance the unpaid assessments. ORDINANCES - Introduction thereof: 53 Uayor Irlartin, in his conuflents, guestioned the inelusion of City-o\dned property within the proposed Assessment District and the request of the petitioners that the project be financed through the L915 Improvement Act bond procedure, there\r adding to the City's obligation and there- after requested an opinion from the City Attorney. Ttre City Attorney spoke on the current obligation of the two majorpetitioners and referring to the Reclamation District project and thepossibility of a bond default, stated that he would prefer that the Assessment District proceed under the provisions of the 1911 Improvement Act. Uayor lr{artin and Councilman George indicated thei.r concurrence. I{r. Oscar Person, speaking on the conditions impo sed by the City upon the development of his Bayshore Boulevard-Carolan Avenue project, urgedthat Council assist the proposed Assessment District by authorizing the 1915 Improvement Act procedure. A point raised bV Mr. Person that his project has been delayed a number of months pending approval by the Burlingame Fire Department of a particular tlpe of garage construction, was referred by the Chair to the City Manager for investigation and report to Council . Following further discussion and a pol1 of Council, I{ayor Uartin announced that the Assessment District would proceed under the provisions of the 1911 Improvement Act and that the City-owned property be deleted fron the Di.strict. RESOLUTION No. 94-64 "A Resolution of Intention to Acquire and Construct Improvements, Bayside Improvement District' was introduced for passage on motion of Councilman Crosby, seconded by Councilman George and unanimously carried. RESOLUTION NO. 95-64 "A Resolution Appointing Engineer and Attorneys, Bayside Inprovement District" (Howard c. Hickey-Wilson-Earzfeld-Jones & Uorton) was introdueed for passage on motion of Councilman Crosby, seconded by Councilman ilohn son and unanimously adopted upon RoII ca1l. i{ARRANTS Claims, Nos. 2229-242L, it the total anount of $174,858.74, month of iluly, duly audited, vrere approved for palzment on motion of Councilman Crosby, seconded by Councilnan Diederichsen and unanimously carrj-ed. PAYROLL APP ROVAL Payroll t^rarrants, month of June, 1964, Nos. 8385-9934 in the total amount of $121,915.12 were approved on motion of Councilman Crosby, seconded by Councilman Johnson and unani:nously carried. ACKNOWLEDGI\,IENTS The and Chair acknowledged receipt frdn the Library Board and of Minutes from the Planning Conunission the Po1ice Department monthly report. WAGE STUDY Councilman ilohnson reported briefly on a study proposed by the San Mateo County Council of Mayors on "wage conditions throughout San l{ateo County. " ADiTOURII}IENT Ihe meeting was regularly adjourned thereafter at 1:3O a.m. Respectfully submitted, APPROVED: R.D IN I\4AYOR HERBERT K. WHITE, CIIY CLERK y'/,,-0-1rc<^*4H