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HomeMy WebLinkAboutMin - CC - 1963.06.17267 Burlingame, California ilune 17, L963 A regular meeting of the Burlingarns City Council was held on the above given date. Meeting ca11ed to order at 8:05 p.m., - Uayor ilohn son in the Chair. PIEDGE OF ALI,EGIANCE ROTI CAI.,L Present - Absent Councilmen: Councilmen: Crosby-John son-Lo renz-Mart in None llayor Johnson, on behalf of t]re Council, welcomed Councilman Lorenz's return to Council after an absence due to illness and a round of applause was extended to Councilman Lorenz by those in attendance. Ihe minutes of the regular meeting of ilune 3, 1963, submitted to Council , were unanimously approved and adopted on motion of Councilman Crosby and seconded by Councilman Martin. COT'NCIL VACANCY fhe Chair declared a vacancy on the City council created by the in death of Councilman L. B. Uorgan and invited nominations to the existing vacanclf . passing fill EDWARD D. GEORGE NO!4INATED llhere beirg no further nominations, the appointment of t{r. George as a member of the City council was unanimously confirmed by Council and the Oath of office thereafter administered to councilman George by the City Clerk. councilman George, in assurning his position, expressed his appreciation on being selected as a member of the Burlingame City Council and assured members that their trust and confidence in him would not be betrayed. Councilman George introduced his wife, Alice, his daughter, cail and his son, Edward. HEARINGS ].. APPLICATION TO OPERATE TAXICABS The Chair announced that this uras the time and place scheduled to conduct a hearing on the application filed by the Bel-Mateo Enterprises, Inc., for a certificate of Public Convenience and lilecessity to operate taxicabs in the city of Burl,ingame. The hearing was declared opened and a "Notice of Hearing" publj.shed as required by Ordinance and a communication received from Fred iI. Azevedo and Mrs. Evelyn Lorton, dated June 6, L963, co-owners of the Ye11ow Cab company in support of said appl ication, were read. Proponents were invited to conment. CALL TO ORDER At word from the Chair, all in the Council Chamber arose and gave the Pledge of Allegiance to the F1ag. MINUTES Councilman llartin moved that Mr. Edward D. George, 2115 Roosevelt Avenue. be placed in nomination, seconded by counci-lman Crosby. 26[,t Ur. Ilugh connolly, Attorney, representing the Bel-Mateo Enterprises, Inc., advised (1) that the applicants contemplate the acquisition of both the Yel1ow Cab Company and the Checker Cab company of Burlingame and request therefor a certificate of Public Convenience and Necessity for twenty vehicles. the number presently under penrnit to both taxicab companie s: (2) that the character, reputation and financial responsibility of the applicants with respect to their prior experience in operating a business of public conveyance, indicates the reliability of each to improve the service in the City of Burlingame antt (3) that the applicants shal1 retain the present waiting room on Burlingame Avenue on a tgrenty- four hour basi,s, shall maintain the present taxi stands and install new taxi stands in the North Burlingame area and shall install tr^ro-way radios to provide a prompt and efficient service to the citizens. Ihere being no further proponents and no corununications in approval thereof, opponents were invited to comment. Ur. Eugh Mullin, Attorney, advised of his clients' objection to the proposed transfer of the Yellow Cab Company franchise: that he represented alohn ward, 505 Howard Avenue, Burl ingame, Avedis Portoian, 143O Oakhurst, San Carlos, Robert Portoian, 2217 fhurn, Belmont, and Fred Alpen, 1426 Floribunda Avenue, a1I of lyhom filed with the City C1erk on this date, a Certificate of Public Convenience and Necessity to continue their taxicab service in the City of Burlingame. Ur. MuIIin expJ.ained that two of the applicants in 1960 and two applicants in L962 entered into written agreements with the or*ners of the Yellow Cab Company to privately own their cabs with a monthly fee to be paid to the Yellow Cab Company for the privilege of operating said vehicles under the fleet name, colors and certificates of the Yellow Cab Company t the terms of the agreement were to be continuous unless terminated by a ten-day written notice; upon notification to terminate the service, effective June 1, 1963, the appl icants continued to provide public transportation and to tr.rnsport crippled and retarded children up to and including the present date. l.lr. )lullin advised that his clients have been operating satisfactorily and efficientlv and the proposed transfer will deprive each his means of Iivelihoo<lI an application for said certificate of Public Convenience and Necessity was therefore filed and shall come before the Countil at the appropriate tine. In rcply to Councilrnan Crosbyrs inquiries, Council was advised that a waiting roon shall renain open twent), four hours a day with a telephone installcd for pub I ic. conven ience ; the central office in San I'late shall be the dispatching center, r,rith no change in the operation of the Burl ingane service. Councilnan ,\.larti operation and wathe two compani ethe operation ofl.!r. C onno I I1, ind gent lemen, Frovivehicles in oper nq SA uestioned the number of taxicabs currently in dvised by I'lr. Connolly that there are twelve between r,,ith a request that a certificate be issued to permit enty vdhicles to further irnprove the service. ted no opposition to permits being granted to the four his clients are granted a certificate to place twenty on. tw ica ded ati In further reply to Councilman and read fron a section of the vestigation and cons i de rat ion convenience and necessitv". iuart in , the city Attornev taxicab ordinance setting bv Council to determine the referred toforth . th e, in- "pubIic l.lrs. Evelyn Lorton, co-owner Yellori Cab Compan,v, explained the position of the Company and circumstances arising to place the current agreementinto effect. Itlrs. Lorton stated that in her opinion the opposition to the proposed transfer of certificate is not justified. ilr. Robert C. Jennings, stockholder in the Bel-ltlateo Enterprises, Inc.' explained in some detail, the offer rnade by his Companv to the opposing applicants h'ith respect to the purchase of the cabs' the reimbursenent oi' expenditures and the opportunitv to continue employment under the 269 ner.r corporation, and their indication of approval prior to this occasion. The City llanager, questioned by the Chair, suggested that the conplexquestions that have arisen may be resolved bv a conference with theCity Attorney and with the Attorneys for the respective applicants. Councilnan llartin suggested that the the number of taxicabs operated uponof the last five years and r.rhether a warranted. issue be further the City streetsfirner control bv explored to as cert a in during the peri odthe Counci 1 is Council concurred and the hearing was thereafter continued to the reguJ.ar meeting at rshich tirne a public hearing on the applicationcertificates filed on this date also would be conducted. 2. BURLINGAI,!E SHORI LAND VARIANCE COiiTINIJANCE nex tfor The Chair announced that this rr,as the time and i,lace to hearing on varianccs reouested bv the Burlingame Shore permit the construction of high-rise apartnents on its between the Bavshore Access Road and Carolan Avenue. continue the Land Conpany topropertv I ocat ed At the request of Council, the City Attorney explained the position of Council with respect to the ineligibility of ttro members of the Council to vote on the reclassification of said property. The Citv Attorney advised that his Office has conferred r.:ith llr. Cvrus J. Ilcltlillan, Attorney, for the proposed development, on a possible procedure wherebv Council nay cease its deliberations and continue the natter for further hearing and to possibll, again take evidence for and against the applicant, for the purpose of qualifying all Council rnenrbers to vote on the issue; that there is no law providing this type of procedure; however, if consented to by the applicant' the pro-edure in aII probahility, rvould create no disfavor with respect to the Courts. The City Attornev advised that he rvas nerely issuing a statement, not a recommendation. I'lr. ucl.tillan indicated his approval to the procedure outlined bv the City Attorney. ltlr. I,Jilliam Beckett, l4l9 ltlontero Avenue, spoke against the re-openingof the evidence, stating that it was unfair to those rrrho have appeared on prior occasions to protest the high-rise construction. Councilnan llartin's incuiry concerning the two issues hefore the Council: a request for a reclassi.fication of property and a variance request, was replied to by the City Attorney, who advised that rrany matter pending can be re-opened." and indicated there vrould be no objection to such procedure. Councilrnan l\tartin, in referring to his previously stated objection to the reclassification and the I'three affirmative votes" legally requi.redto affect the zoning change, expressed reluctance to being placed in the position of having the "porver to veto" the proposed developnent construction and that he had no objection, therefore, to the re-openingof hearings. Acting upon advice of the City Attorney, with respect to procedure, a notion was thereafter introduced by Councilman Crosby,, that the hearing upon the applications for variances and a relcassification of property as described in Ordinance No. 783, he continued until the lSth dav ofJuly, 1963, and that the City Clerk give the notice appropriat6 to initbte new proceedings. The motion rvas seconded by Councilman Lorenz and unanimous ly carried. C OI.I}I UN I CATI ONS I. DREDCINC OF CHANNEL AUTIIORIZED A conmunication from the City llanager, dated June 14, 1963, reported that the request of l.lr. David Keyston, President, Reclanation District, for permission to dredge material fron the City of Burlingarne ts propertv under the Pacific Cas and Electric Corirpany's high voltage lines has been investigated and subject to specific conditions, it was reconnended that approval for said dredging be granted. 27A A comnunication from ltlr. Albert S. IIorwitz, Chairman, Joint Bavlands Development Cor.,rr,rittee, dated .Iune 4, 1963, advised that it h,as the unanimous recommendation of his conmittee that Council approve the reauest. Questioned by Council, the the dredged area provide ation. Ilr. David Keyston, change from a thirty foot ity [ngineer advised that he preferred that lope of fortv feet for future road construc- attendance, indicated his approval to the a forty foot slope. pro- no C s in to !..1r. llerb tt'eaville, Pacific Gas and Electric Conpany representative, expressed concurrence with the dredging plan and the future recreational development of the area, with the condition that for safetw neasures, boats using the lagoon area be Iimited to mast heights not exceedingfifteen feet above the h,ater lerrel and that the City narne the Pacific Cas and Electric Companv as a co-insured liabilitv carrier. The latter point raised by ltlr. Weaville rvas referred to the City Attornev and a motion introduced thereafter by Councilrnan l.lartin that the CounciI concur with the recornnendations, with the provision that the dredging operation be processed in conformance with the Citv [ngineerrs standards. The notion rvas seconded bv Councilnan Crosbv and unanirnouslv carried. 2. SALE OF SURPLUS PROPERTY AUTIiORIZED A communication was read fron the City llanager, dated June 12, 1963, recomrnending the sale of a 1926 l,lack Fire Engine, considered surplusproperty in the Burlingame Fire Department. Councilman Crosby moved that the City l.'lanager be authorized to sellthe 1926 l'lack Engine to the highest bidder, seconded by Councilnan l.,lartin and unanimouslv carried. 3. AVIATION IIUSEI,I\I ENDORSED A conmunication from the City lilanager, dated June 13, 1963, referreda communication from the Societ,r, for the Preservation of ConmercialAircraft, dated June 10, 1963, soliciting the Cityrs endorsement of aproposal to establish an aviation nuseum at the Oakland InternationalAirport to preserve the historical rnodels of airplanes. to The communication from llr. Eugene I,{. Lassers, Chairman of the Societyr advised that an endorsernent bv all northern California communities willhelp produce an outstan<ling nuseum for the western section of thetlnited States and does not obligate the conmunity f inanciall-r,. Councilnan Lorenz moved that the Citv of Burlingane endorse the historicalaviation nuseum, secon<Ied brr Counci lman lilartin incl unanimousl)r carried. 4, BAYSI{ATER AVENUI TO BE IMPROVED A communication from the City ltlanager, dated June 14, 1963, advised thatthe City Engineer has reported that plans and specifications for the improvenent of Bayswater Avenue have been forwarded to the State Divisionof Highways for approval and if approved bids for the proposed projectwill be advertised and submitted to Council for action. In reply to Councilman llartin, the City Engineer advised that the posed expenditure for the Ba)'swater Avenue improvement shall haveeffect on the Citvfs budget. The report uas acknowledged 5. JOHN E. LYNCII AUTI{ORIZED and TO pl aced ACCEPT on f ile. DEEDS A memo to Council from the City ltlanager, dated June 14, 1963, advisedthat llr. John E. Lynch, Condemnation Attorne)r, has reauested the passageof a Resolution Authorizing his Office to accept and to record grant deeds as received in connection r.'ith the condemnation action on fileh,ith respect to the fornration of the Off-Street Parking District. RESOLUTION NO. 43-63 I'A Resolution Authorizing One of the Attornevs of ng District No. 1", was intro-cilnan lUart in, seconded by dopt ed . Record to Accept Grant Deeds, Park i duced for passage on motion of Coun Counci lman Crosby and unanimously a 27r 6. REPORT ON I.,IONITORING RE tI IRE}{ENTS A connuni cation from the City }fanager, dated June 14, 1963, reporting on a modified agreement rvith respect to the Citvrs nonitoring of waste discharge frorn the Ser,rer Plant, as reouired by the Regional l'iater Pollution Control Board, was acknor, ledged and placed on file. 7 . COIIPLAINT IIAZARD RE: BI,ILDING }IATERIALS CO. A conmunication fron the City llarnger, dated June 14, 1963, referred to a petition bearing the signatures of twenty-6ns residents on Baysr,rater Avenue, Anita Road and Arundel Road, calling attention to the hazardous conditions on certain prenises (Builingame Building llaterials Conpany) at Bayswater Avenue and Anita Road. The City l.lanager advised that an inspection tean r"ill investigate and take appropriate legal measures to alleviate the nuisance. The Citv Planner advised that his Office, the Building Inspector and the County llealth Inspector's Office visited the prenises in question and a report on their findings shall be subnitted to Council at thenext regular neet ing . 8. EICIILER CO. PROPOSAL TO CONSTRIICT },IODEL IIOI\IES A connunication from George A. lrann, City PIanner, dated .Iune 13, 1963, advised that a request has been received from the Eichler Company for pernission to construct eight model hornes on lots to he located on Frontera hray above Sebastian Drive. The lots rvill legallv exist uponthe cornpletion of tlnit No. l of ltlills Estate No. 19 and the hornes proposed for construction are for display purposes only during the time thatinstallation of public inprovenents is in progress. The Citv Planner advised that Frontera i'fay lies one-ha1f in llillbrae and the street is now being constructed bv the adjoining developerl no public utilities will be available on the Burlingame side an(l h'ater cannot be supp l ied . It was reconmended by the Citv Plannerbuilding permits and construction under Council and to the City Attorney. that Counci I authorize theconditions satisfactorv to the The Citv Attorney referred to the final map nor.r in the processing stage and advised that if it is the desire of the Eichler Conpany toconstruct the nodel homes prior to the subnission of a final map, it should be done on the basis of a variance application; said applicationto state the intention to construct rnodel hones; to signify that said hor,res are not for occupancv or for sale; that all claims for citv -serviceare waived and that the City shall be abeolved of all liabilitv in connection therewith. The City Engineer advised that due to the current demand for $ater inthe neighboring subdivisions and until adecuate water storage facilitiesare constructed on the future water site, it rvas his recornr:ren dat i onthat no rrrater be provided. The City Planner concurred that specific conditions should be l\,ritten, advising that the proposed construction is the Eichler Cornpanvis planto promote sales and to ascertain the tr-pe of residence the public r.rouldprefer to purchase; construction to be in conforrnance rvith citv standards. l'lr. James Roener, representing the Eichler Company, assured Council thatal1 recorinendations and standards set bv Council sha11 be fulfilLed. l.'lr. John C. Bauer, 2 Rio Court, representing Improvenent Club associationsin the Nlills Estate, requested a delay in the proposed construction pending the installation of the water storage facility. Follor.Iing a series of questions by Councilnan ltlartin with respect topaving, utilities and Iandscaping, answered in turn by l1r. Roemer andthe City Engineer, Councilnan l.lartin advised that prior to approvingthe proposed rnodel hone construction, it r.ras his reconmendation that(I) Frontera l'Jaw be paved; (2) that a "Ioop" to provide strect ingress and egress to the area be constructed and (3) that the homes be landscaped prior to the rainy season. 272 llr. Iloener advised that the installation of a water r+ould occur as expeditiously as possible. water service in purposes. storage faci I ity Further discussion concluded rr'ith Council concurring that the subjectof a feasible means to supply r.,ater to the area in question be referredto the Chief of the Fire Department and that the building pernits be considered at the time of the submission of a final nap. 9. I-ITIGATIOT.T- CITY VS. JACK CHAPNAN A reconrren<lati on fron the Citv Attornev, in a communication dated June 12, 1963, that his Office be authorized to represent the City inIitigation pending in the Superior Court with respect to action com- e[ced hv .Tack Chapnan, was concurred in on motion of Councilman l{artin, seconded b.v Councilnan Crosby and unanimously carried. IO. PARKING DISTRICT IUEJ\IOS OF ACQUISITION Further discussion arose on the subject case of fire emergency and particularly of supp lyingfor s anit arv A report from the City )tlanager, dated June 14, 1963,status r*'ith respect to properties being acouired in No. l, was acknowledged. on the the current Parking District Referring to a notation that the Parking Comnittee requests that theparking lot across fron City tlall be paved, Councilnan lUartin suggestedthat the Engineers for the project be authorized to prepare improvenent plans and that expenditures for paving be reinbursed from ParkingDistrict funds. The subject was referred to Councilnan l'lartin, Councilliaison to the Parking District Committee II. SPECIAL AIR POLLUTION CONTROL DISTRICT IIEETING .{ notice from John A. Bruning, Clerk of the Board of Supervisors, advisingthat a special meeting of the Bav Area Air Pollution Control District has been scheduled for Fridavr June 28, 1963, at which time an appoint- -rnenttotheBoardofDirectorstofil1thevacancycreatedbvthe passing of Councilman L.B. l.lorgan, shall be selected fron anong the i'layors and Councilnen of the Cities of San trlateo Countv, was acknosledged and placed on file. 12. E. L. LINCOLN RE: EARNING POI'IER OF YOUTH A memo to Council from [.L. Lincoln, Recreation Superintendent, dated June 13, 1963, announcing June as "National Recreation l.'lonth" and recomrnending that Council issue a statenent comnending those in the connunity r.,ho hi.re youth part-t ine during the summer, was acknor.rledged and the City Clerk requested to so publicize the conrmendation. R I] SO t,I'T I ON S N one O RD INANCE S Consideration thereof : A proposed amendment to Ordinance No. 780 (tlniform Building Code of l96l) as amended after introduction on .Iune 3, 1963, was read, anending SECTION 2400.1, Section 204, designating "the Planning Conrnission as an Appeal Board" and adopted on a motion introduced bv Councilrnan llartin, seconded by Councilnan Crosby and unaninously carried bv members eligibleto vote on the motion. ORDINANCE N0. 780 "Adopting By Reference l96l Edition of Uniform Ru ffI"fiFG'Ae r{it-h Amendments and Farmerrs Bulletin No. 1637 of the United Stated Department of Agriculturel and tunending Article 55 of the City of Burlingarne Ordinance Code Ilstablishing Rules, Regulations and Standards for Buildi.ng ConstTuction and the l.loving of Buildings, and Providing Penalties for the Violation Thereof" was given its second reading and upon motion of Councilman Martin, seconded by Councilnan Crosby, said ordinance No. 780, as anended, rr'as adopted by the folloling vote:Aves: Councilmen: C rosby-.Iohns on -Ilart in Noes : Counci lmen: None Ine ligib 1e to vote: George-Lorenz ORDINANCE N0. 783'Reclassification Shorelandffiuilto-7iiIfTs, 1963. Propert ies "tf as con - total Crosbv, 273 ORDINANCE NO. 784 "An Ordinance Amending Section 1725.L of the 1941 lnance o the City of Burlingarne by Providing for an Increaseeoin the Rate of Sewer Rental Charges" ruas given its second reading and upon motion of Councilman l\lartin, seconded by Councilman Crosby said Ordinance passed its second reading and was adopted b;, the fol vote:Ayes: Councilmen: Crosbv-Ceorge-Johnson-Lorenz-ltlartin Noes : Counci lrnen: None AC K}.iOIf L E t}G}IENTS The Chair acknorr'ledged receipt of minutes from the Youth Advisory Commission, Comrnission ninutes and the presence of 1.1r. Robert ltlcDonald, Chairman, Burlingame Chamber of Cornmerce, who in turn complimented Council on its selection of lt'lr. Edr+,ard D. George as a nenber of theCity Counci 1. I]NFINISHEO BUSINESS I. BEARINT INDUSTRIAL PARK At the reguest of Councilman }rartin, the City Attorney was asked to subnit a current report on the status of the Bearing Industrial Park area. ?. R. JOLY STATE}'ENT- The City llanager was requested to submit a report on the payments nadeto the City by ltlr. R. Joly, Dump Operator as of recent date. 3. CIVIL DEFEN6E ''FRINGE BEI'JEFITSiI The cost of "fringe benefits" proposed for the Office of Civil Defense was teferred for study at the forthcoming budget session, June I9, 1963. 4. DISASTER COUNCIL MEETING Councilman George was appointed by the Chair to serve as the Cityrs representative at the next regular neeting of the San llateo CountyDisaster Council, June 27, 1963, 5.'ISISTER CITY'PROGRAII IIEETING The Chair announced that the first meeting of the "Sister City" program had been scheduled for June 26, 1963, NEIV BUSINESS None cLArl{s Clains, Ii.lonth of June, 1963, Nos. 9820 - 9994 in the total. amount of $132,274.20, duly audited, rvere authorized paid from the City Treasury on notion of Councilnan Crosby, seconded by Councilman l'lartin and unanirnous Iy carried. PAYROL I, , Ior.:ing Payroll warrants, ltonth of llay, 1963, Nos. 2220 - 2688 in the amount of $104r003.71, were approved on motion of Councilrnan seconded by Councilman Martin and unanimouslv carried. ADJOURNi'IENT The neeting rvas regularly adjourned at l0:50 p.m. in respect to theof l'!r. Charles Blood, Gradfather of Councilnan l'lartin and a visitorCity and to the Council last year, rvho recently passed in death. Respgctfully subDi!ted,APPRovED: -/,2-t*t-//12, y'-zz--flerbeit K.- lfhitir, Citv Clerk }IAYOR nenorv to the