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