HomeMy WebLinkAboutMin - CC - 1963.07.052A4
Burlingame, California
JuIy 15, 1963
CALL TO ORDER
A regular meeting of the Burlingame City Councj.I was held on the
given date. Meeting calLed to order by the Chaj-r at 8:OO p.m.,
Mayor ifohn son in the Chair.
PLEDGE OF ALLEGIANCE
above
At r/ord from the Chair,
Pledge of Allegiance to
in the Council
Flag .
Chamber arose and gave theall
the
}IITIUTES
Ihe minutes of the adjourned meeting of June 23, 1963, submitted to
Council, were unanimously approved and adopted on motion of Councilman
Crosby and seconded by Councilman Lorenz.
Ihe minutes of the regular meeting of
were unanimously approved and adopted
and seconded by Councilman Crosby.
July 1, 1963, submitted to Council ,
on motion of Councilman George
BIDS
BAYSWATER AVENI,'E III,IPROVEUENT
Ihe Chair announced that sealed proposals for the improvement to
Baysvrater Avenue, advertised in conformance with legal requirements, were
received, publicly opened and read in the City Hall Council Chambers
at 2:00 p.m., on this date. Ttre summary was recorded as follows:
I
2
3
4
5
IOXIRIE PAVING COI{PA}IY
FISK, FIRENZE, UCLEAN
L. C . SIr,tITIl
KT,NZ PAVING COUPANY
BRAGAIO PAVING COUPAI{IY
$s7, 614. s0
58,855.75
59,926.OO
63,933.50
79,685.OO
Engineering estimate $61 , 106.75
Councilman tlartin introduced and moved the passag e of RESOLUTION NO.
48-63 "Awarding Contract for Bayswater Avenue Improvements Job
No. 61-14, MCS-97" (Lowrie Pavi.ng Company, $57,614.50.) seconded by
Councilman Lorenz and unanimously adopted upon RoIl CaIl of members.
HEARINGS
1. BURLINGAIT,IE SHORE LAND CO!{PANY VARIANCES
fhe Chair announced that the selection of a new date to consider
variances requested by the Burlingame Shore Land Company is required
due to an error occurring in the publication notice of said hearing.
I{r. Cyrus J. tlc}lilIan, Attorney, representing the applicant, recom-
mended that a special meeting be scheduled to conduct the hearing.
Council concurring, Tuesday, July 3O, 1963, City llall Council Chambers.
8:OO p.m., was scheduled as the time and place to continue the hearing.
ROL], CALL
Present - Councilmen: Crosby, George, ilohnson, Lorenz, I{artin.
Absent - Councilmen: None
)
2.
285
?4XICAB REVOCATION, SUSPENSION AND/OR CANCELLATION
Ihe Chair announced the opening of a public hearing before the City
Council to determine whether certificates previously issued to the
Ye1low Cab Company and to the Checker Cab Company for taxicab permits
not currently in use should be cancelled, suspended or revoked.
A letter dated July 3, 1963, addressed to Ur. Fred V. Azevedo and
I{rs. willian Iorton, Yellow Cab Company ovrners (identical mailed to
Checker cab Co., owners) from the City Clerk, giving notice of said
meeting, was read into the record.
I!1r. Cyrus J. l,tc illan, Attorney, representing the yelloi, Cab Company,
speaking for the owners and in their presence, advised that the
Company is currently operating five taxicabs with one reserved as a
stand-by and a certificate is requested for six permits therefor, with
the privilege of applying for additional permits at a later date.
The City Attorney, in reply to Council inquiries, spoke on the legal
procedure required on hearings of this nature, advising that the
stipulation made however, can be accepted in lieu of evidence sutEnitted.
The City Uanager
identity of each
recotulended that
cab be submitted
a 1ist, including the number and
to the City Clerk.
-t
There being no further comments either in favor of or in oppositj-on
thereto, the hearing was declared concluded.
Councilman ltartin moved that the petition of Fred V. Azevedo and Mrs.
william Lorton, DBA Yello\^, Cab Company to cancel four taxicab permits
be granted without prejudice and with the understanding that additional
permits may be applied for as occasion may demand. Ihe motion was
seconded by Councilman Lorenz and unanimously carried.
ur. Ucl{illan, representing the Checker Cab Company, speaking for the
owners and in their presence, advised that the Checker cab Company
requests a certificate for pemits to operate six taxicabs ( no stand-
bys) and the cancellation of four permits.
Itrere being no corEnents favoring or opposing the application, the
hearing was declared concluded.
A motion was thereafter introduced by Councilman Martin that a Certificate
granting Checker Cab Company six permits to operate taxicabs in the
City of Burlingame be approved r that four permits not currently in use
be cancelled, without prejudice, with the company privileged to apply
for additional permits if needed at a later date. lfhe motion was
seconded by Councilman Lorenz and unanimously carried.
3. STAMATIS PROPERTY VARIANCE (Hillside and El Camino ReaI)
Iqayor Johnson announced that a public hearing on variances granted
by the Planning Conunission to ur. and !lrs. George Stamatis, to construct
a ten unit apartment building on their property at 1500 Hillside Drive,
was before the council on an appeal initiated by Council motion.
Councilman Martin, originator of the motion to appeal, questioned the
City Planner on the decision of the Planning Conmission to grant
variances j.n conflict hrith the current zoning ordinance of the City.
The City Planner, in reply, referred to and read from the minutes of
the Planning Conunission, dated June 24, 1963, recording the difficulty
experienced by the applicants in developing a proper building plan and
through a "series of circumstances" their inability to Present plans
for approval prior to a deadline fixed by Council to adopt new zoning
regulations -
288
In reply to Councilman Uartin's interrogation, the City Planner advised
that two variances were requested: (1) a rear setback of 15 feet,
(ordinance requires 20 feet) and (2) one space for each unit (ordinance
requires 12 for tlTre proposed) and hrere granted thereafter, variances
to create a fifteen-foot setback, two uncovered parking spaces in the
front setback. properly screened, and ten covered parking spacesi that
the original plan for the apartment was prepared, submitted and rejected
on numerou s occasions thereafter as not a proper structure; it thereby
became apparent that the final plan would not be available prior to
the proposed zoning amendment deadline.
Ihe City Planner confirmed a number of points raised by
llartin pertaining to amendments adopted to establish a
on zoning regulations.
Councilman
firmer control
Councilman llartin stated that in his opinion, there was a sufficient
period of time, during the interim months between the issuance of a
building permit and the submj.ssion of the request for variances, to
a1low the applicants to comply with current zoning requirements and
noting the number of changes in the current ordinance affecting the
subject property, questioned the approval of variances wherein the
structure would create (1) an overcror+ding of the 1ot; (2) an increase
in the density of the areai and (3) an addition burden on traffic.
Ttte Ci.ty Planner. in explaining the period of delay referred to by
Councilman }lartin, advised that as a measure to indicate "good faith"
on the part of the applicants to complete their building plan, his
Office authorized the demolition of a residence on the property.
In reply to Councilman Crosby, concernirg the unanimous vote of the
Planning Couunission j-n approving the variances, the City Planner
advised that in his opinion, the menibers of the Planning Cormnission.
by reason of the evidence presented, were reasonably assured that
the variances vrere j ustified.
Further discussion continued, with ltlr. cordon Baker, Ardritectural
Engineer, representiag the applicants, cormnenting on his recent
engagement to prepare a more appropriate building plan and displaying
an artist's rendition of the structure. Mr. Baker spoke on the
peculiarities of the property and concurred with Councilman Itlartin
that the problem is also one of an " internal nature."
!1r. Brauner, Chairman of the Planning Commission, speaking as an
individual member, advised in effect that the matter was considered
"as a whole; " that instructions issued to ttre applicants by the
City's staff were complied with and conditions set forth in vari.ance
regulations, having been satisfactorily met, resulted in a favorable
vote by the Comrission.
r}re majority of the Council indicating no objection to the gr.rnting
of said variances, Councilman Lorenz moved that the Council sustain
the action taken by the Planning Cotmission, seconded by Councilman
George and recorded as follows:
Ayes:
Noes:
The hearing was declared closed.
4. EUGENE SIGNAROWITZ VARIANCE TO CONSTRUCT
Ittayor Johnson announced the re-opening of a hearing continued from
April 15, 1963, on the application of Eugene Signarowitz to construct
a gasoline station on his property on tt.e northwest corner of Peninsula
Councilmen:
Councilmen:
Crosby, George, Johnson, T-arenz.
Uartin.
GASOLINE STATION
247
Avenue and D$right Road, (R-3 District) and before Council on an appeal
from the decision of the Planning Conrnission.
Mr. CYrus J. Ucuillan, Attorney, representing the applicant, recalled
that the hearing was continued pending an announcement on the development
of the for:ner San ltateo College properEy, the proposed creati.on of
Peninsula Avenue into a four-Iane highway and the result of a survey
of the area (Lyon and Hoag Subdivision) to be sponsored by the Planning
Conuni ssion.
Ttre City Planner advised that the report is nearing completion for
submission to the Planning Conmris sion, subsequent to which it is
antieipated that recorEnendations sha1l be submitted to Council .
Following further discussion, l1r. Brauner, Planning Commission Chairman,
clarifying statements made, advised that the study of the area in
question was requested at a regular meeting of the Planning Conunission
some time prior and accordi.ng to his interpretation, the report is to
be submitted to the Planning Conunission and then to the City Council
for its consideration.
fhere being no objections frqn the
Council, the hearing was continued
Augu st 19, 1963.
applicant or from members of the
to a regrular Council meeting,
1. BURLINGA},{E HILLS REQUEST FOR FIRE PROTECTION
A conununicat ion was read from the City Manager, dated JuIy 12, L963,
together with a conununication from the Office of the County Manager.
wherein the latter advised that a request has been received from the
Burlingame Ei1ls residents lrith respect to an improvement in the fire
protection service in that area. lIhe County Uanager requested that his
office be informed of terms and conditions under vrh ich the City of
Burlingame, on a contractual basis. may provide necessary equipment
and personnel to afford the Burlingame Hills area a level of fire
protection comparable to that provided Burlingame residents.
The City llanager, in his conununication stated that the Burlingame Hills
area should be assessed for fire protection services on a basis compar-
able with the city of Burl-ingame taxpayers and that the "logical and
proper geographical organization indicates that the answer to Burlingame
Hills' problem is annexation. "
Tihe Cj.ty Engineer reported that the qrater mains and hydrants in the
Hi1ls area are below standard to provide a proper flow for fire
protection purposes and recorunended that if annexation to the City of
Burlingame should occur, the present \,rater system should be upgraded.
Following a brief discussion, Council eoncurred with the views of the
City llanager with respect to annexation and authorized that a conununica-
tion to that effect be forwarded to the Office of the County Uanager.
2. PAVING AREAS AT FIRE STATIONS ACCEPTED.
A cotruDunication was read from the City Manager, dated iluly 12, 1963,
advising that the Bragato Paving Company has completed the contract for
paving areas at Fire Station Nos. I and 2, satisfactorily conforming
with plans and specifications and recommending that the improvement
be accepted as complete.
RESOLUTION NO. 49-63 "Acc epting work of Paving Yards at Fire stations
Nos. I and 2 - Job No. 6-25. Schedule 2" was introduced for passage
on motion of Councilman lltartin, seconded by Councilman ceorge and
unanirnously adopted upon Roll Ca]l of met{tbers.
COI.4MUN I CAT IONS
28,8
3. CITY-OWNED PROPERTY SALES
A communication frorn the City Manager. dated ;Iu1y 12, 1963, was read
submitting a letter from Mr. Andrew L. Leavitt, President, San lttateo-
Burlingame Board of Realtors, urging that the City Council seek theprofessional services of members of the San }lateo-Burlingame Board
of Realtors in connection with real estate transactions in which the
City is involved.
Ihe corununication was acknowledged and placed on fi1e.
4. WATER POLLUTION BOARD CORRESPOIiIDENCE
A conununication from the City I{anager, dated ,Iuly
that a formal notice be forwarded to the Regional
Control Board, requesting that all correspondence
sewage treatment plant be transmitted to I{r. ,,Tohn
Engineer.
12. L963, reconunended
water Pollution
concerning the City' s
ilenks, Consulting
Councilman Lorenz moved that Council concur with the recmmendation,
seconded by Councilman Crosby and unanimously carried.
The City Engineer, in reply to Councilman Crosby, gave a brief report
on the improvements currently in progress at the sewer and dump site
of the City and advised that a report on the cost estimate to construct
a road encircling the dump sha11 be sulmitted shortly to Council.
A cormnunication from the City Attorney, dated iluly L2, L963, reported
on a judgrrent entered with respect to an action cmmenced by the City
of Burlingame to determine the interests of all parties in that portion
of the clare P. Kemp property adjacent to the Burl ingane Police Station
subject to a non-exclusive ingress and egress easement in the City of
Burlingame.
The City Attorney advised that the " judgrment, as entered, confonns to
the arrangement heretofore informally agreed upon by the City Council
which delimits an area 4O feet by 8 feet in extent (sufficient for two
cars) on which Kerup and his tenants may park vehicles and lrhich pro-
hibits the parking of any vehicles on the balance of the easement. "
fhe conununication was acknowledged for filing.
A conununicatj.on from George and David Keyston, dated iIuly 5, 1963,
advised of their acquisition, \z quitclaim deed, the interest of crace
rr. Easton, deceased, in and to a portion of the Old Bayshore Highway,
said property the subject of litigation for a considerable period of
tirne; that they are willing to convey the center eighty-four feet of
a 125-foot strip with a request that the City comtnence proceedings to
vacate 20.5 feet on each side of the center eighty-four feet, reserving
from the vacation. the drainage easement and pump site lying within
the 20.5 feet.
Ihe City Attorney drew the attention of Council to a maP indicating
the section of the property to be vacated and the Pacific Gas and
Electric Company's and the Telephone Company's utility easements on
the westerly side of the Property to be retained by the City.
fhe City Attorney explained that a resolution declaring the intention
to vacate a portion of the Bayshore Highway stiPuLates the Permanent
easements to be reserved and excepted from the proposed vacation and
fixing August 5, 1963, City Ha1l Council Chambers as the time and
place for hearing; that the Keystons have agreed to hold the City
5. cIgY vS. GOLDEN O_=__lggpGEE __ET_3J,
6. VACATION PORTIONS OI,D BAYSHORE HIGHWAY
289
harmless arising from claims urith respect to vacating the area and
in addition, sha11 convey. by fee title to the city, eighty-four feet
of a 125-foot strip of Highway, with the City in turn vacating 20.5
feet on either side. r}re City Attorney advised that the litigation
cormnenced by the heirs of the Easton Estate sha1l be dismissed.
7. REQUEST TO LEASE CITY PROPERTY
A conmunication from ltlr. Larry C. Muldner, 611 Taylor Boulevard,
Millbrae, was acknowledged, rdoerein lr{r. Muldner expressed interest
in leasing a section of City property adjacent to the City Dump for
the deveJ.opment of a Golf Driving Range.
Reference tas made to a similar request submitted to Council on a
prior occasion and qiherein Council rejected the proposal . In a brief
discussion, Council concurred that the area should be retained for
exclusive development by the City.
Ttle City lr{anager was requested to so notify ur. Mul-dner.
8. APPOINTIT1ENT TO SMOG CONTROL BOARD
lIhe Chair announced receipt of a cormnunication from ltlr. Sidney D. Herkner,
Vice-Mayor, City of Redhrood City, a mesiber of the Bay Area Smog Control
Board. replacing L. B- Irlorgan, pledging his cooperation to the cities
in controlling smog problems in San llateo County.
9. COL]JEGE RECI"ASSIFICATION OF PROPERTY
llhe Chair announced receipt of a conununication from the San l{ateo City
Planning Conunission, advising of a hearing on the proposed reclassification
and planned development of the former San Mateo College property and the
notice given to olrners within a three hundred foot radius of the subject
property. It \^ra s recsnmended that as a matter of courtesy, property
oqrners on the Burlingame side of Peninsula Avenue, in the inunediate
vicinity, be given notice of the hearing. Ttle City Planner advised that
a notice is in the process.
Councilman Martin suggested that the courtesy be continued as similar
occasions arise affecting the boundaries of the City of Burlingame.
10. BUS SERVICE CONTINUATiICE REQUESTED
1I, LEAGUE OF WOMEN VOTERS' BROCIIURE
Ihe Chair acknowledged receipt of a booklet, compiled through the endeavors
of the League of Women Voters and containing pertinent information on San
Itlateo eounty. Ttle City Clerk was requested to accept the brochure on behalf
of the City Council and to express appreeiation to the League.
RESOLUTION NO. 50-63 "Declari-ng Intention to vacate Portions of Bayshore
Ilighway, a Public street within the City of Burl ingame; Reserving
certain Easementsi Referring to a Map or Plan on File in the Office of
the City Clerk for Particulars as to the Proposed vacation i and Fixing
the Time and Place for Eearing All Persons Interested in or Objecting
to the Proposed vacation" was introduced for passage on motion of
CounciLman l,lartin, seconded by Councilman Lorenz and unanimously
carried upon Roll Call of me bers.
A conununication was acknowledged from Mrs. Earl C- llahoney, 2344 HaLe Drive,
dated JuIy 3, 1963, urging the continuation of the local bus service.
llhe City Clerk was requested to refer the communication to the bus study
conunittee .
2so
Ttte City Manager, in a memo to Council, dated iluly L2, L963, advisedthat legislation to purchase three parcels in connection with the
Parking District, has been prepared for passage, al1 in conformancewith the appraisals.
RESOLUTION NO. 5l-63 "A Resolution Authorizin g Settlement of Parce1 2F
Parking District No. 1" (Vincent J. Nicolai, et al, g31 ,000.) was
introduced for passage on motion of Councilman Uartin, seeonded by
CounciLman Cro sby and unanjmously adopted upon RoIl CaII of medbers.
RESOLUTION NO. 52-63 "A Resolution Authorizin g Settlement of Parce1
lF, Parking District t'to. l" (Eliza A. Weitz, $37,500.) was j-ntroduced
for passage upon motion of Councilman ltlartin, seconded by Councilman
Crosby and unanimously adopted upon RolI Call of menbers present.
RESOLUTION NO. 53-63 "A Resolution Authorizin g Settlement of Parcel
2J, Parking District No. 1" (J. B. Kless Company, $77,000.) was
introduced for passage on motion of Councilman llartin, seconded by
Councilman Crosby and unanimously adopted upon RoIl CalI of menbers
present.
ORD INANCES Introduction thereof:
ORDINANCE NO. 785 "An Ordinance Arnendin sof the 1941 Ordinance Code of the City of
Policy Ljmits of Motor Vehicle Liability
of Owners of Taxicabs" was introduced by
first reading.
ORDINANCE NO. 786 "An Ordinance Amendin g
ttre City of Burlingame By Adding Ihereto
the Parking of Vehicles on the westerly
Murdrison Drive and Trousdale Drive" was
ceorge and given first reading.
Subsection a. of Section 1443
Burlingame By Increasing
Insurance Policies Required
Councilman crosby and given
the 194I ordinance code of
a Nev, Section L222.30 Limiting
Side of California Drive Between
introduced by Councilman
llhe City Manager was requested to give a copy
to the Eealth, safety and Traffic Comnission
tion to council .
the proposed legislation
review and recommenda-
of
for
I.,NF INISHED BUSINESS
SISTER CITY PROGRAI{
fhe Chair gave a brief report on the formation of a corunittee and the
progress thus far on the City of Burlingame "Sister City" Progran.
Mayor John son advised that the project is citizen sponsored and funds
will be raised by the corrnittee.
lhe comnittee was authorized to purchase stationery as needed and the
city clerk v,ra s requested to notify the Chaiman to place councilman
crosb!' and Councilman Martin on t}'e mailing list for notice of
scheduled meetings.
Ivlayor ifohnson advised that at a recent meeting of the North County
Council of Cities, a request was made that the cities solicit Governor
Brown's assistance in the passage of SB #52 - pertaining to State
colIeges.
CounciLman crosby moved, seconded by Councilman George and unanimously
carried, that a telegram be sent to the Governor urging the passage
of the bill.
RESOLUTIONS
LEGISLATION SB 52
29L
At the request of council and in support of a Resolution adopted by the
San Mateo County Board of Supervisors, the City Attorney was requested
to prepare appropriate legislation urging the establishment of a mental
health facility in the North San Irlateo County area.
Councilman Cro sby reported briefly on the interest of the cities in
providing a guidance center to prevent juvenile delinquenclz.
PARK DE P ARTIT{ENT CONSTRUCTION
In reply to Council inquiries, the City Engineer advised that plans for
the construction of a building-garage facility for the Park DePartment
will be submitted to council within a thirty day period.
Ihe City Attorney advised that litigation with respect to the Bearint
Industrial Park property appears to have been dismissed and the City is
now in a position to proceed independently to enforce the oqmer's terms
of agreement wit]1 the City. 1rhe City Attorney advised that a further
report will be submitted to Council in the near future.
TIME SCHEDULE RE: PARKING DISTRICT NO. 1
Councilman Martin referred to the Parking Corunj.ttee's " schedule of action"
proposing specific dates for the advertisement and receipt of bids on
the demolition of buildings on property purehased by the District, stating
that in his opinion, the proposed schedule is too exacting to conform to.
Following some discussion, a motion was introduced by Councilman lrlartin
that the city Manager be authorized to accomplish the vacancy of buildings
currently occupied and acquired by ttre District and to proceed with the
advertisernent of dernolition bids at his discretion. Ihe motion was
seconded by Councilman Crosby and unanimously carried-
The Chair acknowledged an invitation to Council to attend the Installation
Ceremonies of the Burlingame tunerican Legion, Ihursday, iluly 18, 1963,
and the City C1erk u/as requested to reply to the invitation stating that
Council , because of a prior comnitment to attend the Annual Dream Girl
Contest, in preparation for the forthcoming San llateo County F1ora1 and
Fiesta, the medbers shal1 be unable to attend.
Ihe City Clerk was requested to obtain a guest ticl<et for Councilman
and Mrs. ceorge, to attend the Annual Contest.
Ihe meeting was called to order at 10:45 p.m.
Warrants, Iltonth of JuIy, 1963, Nos. 9995 - 9999 and I - 166, in the
total amount ot $254,619.4L, duly audited, were authorized paid on
motion of Councilman Crosby, seconded by Councilman Lorenz and
unanimou sly carried.
}IENTAL HEATTH FACILITT FOR NORTH COI'NIY
BEARINT INDUSTRIAI, PARK
AUERICAN LEGION INSTALLATION
RECESS
A recess was declared by the Chair at 10:30 p.m.
CALL TO ORDER
CI,AIMS
29'e
PAYROLL
Payroll warrants, Nos. 2689 - 3169, in the total amount of $106,84A.6A.
BI'DGET
Councilman Martin, Chairman Council Budget Conunittee, gave a brief
resume on items proposed in the 1953-1964 tentative budget.
Following some discussion, Council was requested to consider:
(1) Reducing the sum proposed in the Street lu.aintenance, Resurfacing
Account (D-61 , M-28A) and (2) Reducing the Special storm Drainage
Tax levy to $0.05 to balance the proposed budget and to maintain the
current tax rate of $1.34 per $100.O0 assessed valuatj.on.
Final action on the adoption of the 1963-L964 budget was scheduled,
July 30, L963, 7:45 p.m., at an adjourned meeting of Council .
AD.JOURNMENT
fhere being no further business, the neeting was regularly adjourned
at 11:00 p.m., to meet Tuesday, July 30. 1963, at 7:45 p.m.
Respectfully submitted,
/tLeat-HERBERT K !'iltITE, CIIY CLERK
APPROVED:
MAYOR