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HomeMy WebLinkAboutMin - CC - 1963.09.033:23 Burl ingame , Septeniber Cal iforn ia 3, 1963 CAIL TO ORDER A regular meeting of above date. Meeting in the Chair. the Burlingame City Council was held on the called to order at 8:05 p.m., Mayor Johnson PLEDGE OF ALLEGIANCE At word from the Chair, all the Pledge of Allegiance to the Council Charnber Flag. arose and gavein the Present - Absent Councilmen: Councilman: Crosby, ceorge, ilohnson, tlartin. Lorerrz. Councilman T,oier:z, absent because of illness, was excused on motion of Councilman Crosby and seconded by councilman George IvIINT,TES f'he minutes of the regular meeting of August 19, 1963, previousJ.y submitted to council , were unani.mously approved and adopted on motion of Councilrnan Crosby and seconded by CounciLman ceorge. The minutes of the special meeting of August 2A, 1963, previously submitted to council, were unanimously approved and adopted on motion of Councilman crosby and seconded by Councilman ceorge. REPORT: .TOINT POWERS BUS STITDY COMI{ITTEE. JOSEPH G. EITNTER CTIAI RMAN . Itlayor Johnson announced that subsequent to dissolution of the Joint Pohrers Bus Study Comnittee, the City received a final report dated August 29, 1963, submitted by Joseph G. Hunter, Chairman; Irvi"ng Doughty, Vice-Chairman; William C. weber, Jr., Secretary, F. Raymond wight and Arthur w. Crump. A separate document, dated August 20. 1963 entitled, "separate and Additional Remarks of lrlilliam C. weber, Jr.." was attached to and made part of said report. llayor Johnson stated that the City Council fu1ly recoginizes the import- ance to the cornraunity of an adequate public transportation system but is prohibited by statute from contributing city funds to support a private bus service. Desiring to explore the matter further and possibly to arrive at some course of action, the City Council invited members of the Corunittee to attend the present meeting. !1r . the l^ra s Hunter and !1r. Crump, Burlingame representatives, and Mr. Wight of City of San lIateo, were acknowledged and welcomed, and Mr. Hunter accorded the privilege of the f1oor. Mr. Hunter referred to the formation of a citizens' colEnittee in 1961 vrhen the San llateo-Burlingame Transit company gave notice of intention to curtail service; to the subsidization program of the City of San !4ateo, initiated to permit bus service to continue, and to the appoint- ment early in 1953 of the Joint Powers Bus Study coNnittee of san Mateo and Burlingame to investigate the need for public transportation. with instructions to recolunend the employment of an expert to conduct a study of the over-aIl probJ-em- ROLL CALL a.24 Mr. Hunter spoke of the activities of the Cornmittee since its inception; conferences with official bodies, including labor union officials, public utility conunissioners and members of the State Conciliation Service. Itlr. Hunter referred to citizens' petitions, filed with the City Councils of the Cities of San Mateo and Burlingarne urging continuance of the bus service and advised that in its final report the Conunittee finds that there is a "definite need for a public bus transportation systen in the San l4ateo-Burlingame area" and recormnends " that an adequate professional survey should be conducted to determine the precise transportation needs of the area. " l1r. Ilunter stated that the comnittee devoted itself wholeheartedly to the task to whictr it was comnitted and in aII of its investigations and studies received the fullest cooperation from all parties concerned. AI1 of the files of the Comnittee have been fon^rarded to the City Manager of San llateo with the request that they be made availabLe to the City of Burlingame. A Conununication was read by l{ayor alohn son from Star Charter Line, 1702 PaIm Avenue, San Mateo. Frank V. Vel1a, Business I{anager, offering to install a bus transportation system in the City of Burlingame. fhe Conununication advised that a survey revealed that bus transportation is badly needed, but it could not be self-supporting, and the offer was predicated upon the City or a merchants' association absorbing expected operating losse s. Upon recognition by the Chair, Mr. Charles Jessup, 1445 Avenue, suggested tlat the City Council investigate the successful operation in the City of PaIo Alto where the with a private operator. Alvarado apparentl-y City contracts I{ayor Johnson expressed appreciation to for their untiring efforts in behalf of the metribers of the Committee the City. In repl-y to an inquiry directed by Councilman Crosby to Mr. Hunter concerning the City of Burlingame proceeding independently on an inter-city bus service, with assj-stance from the local merchants or Chamber of Conunerce, Mr. Hunter suggested a waiting period until the Transit Conpany has resolved its internal labor problems and contlaact negotiations with the school districts. I{r. Harry Reich, 1449 Ca}ifornia Drive, maintained that the City has a responsibility to those who depend upon public buses for transportation and guestj-oned whether funds committed by the City for the parking district might not better be used for public transportation. The City Attorney, at the request of llayor Johnson to clarify the City's position in financial procedures of the parking district, described the City's contribution in the form of properties wholly held for parking purposes. Following a statement from llayor Johnson that the City Council would continue its efforts to provide an adequate public transportation system, the discussion was declared concluded. Ihe Chair announced that sealed proposals for construction of inprove- ments in parking lots D,E,J,L and N, Burlingame Avenue Area Off-Street Parking District, advertised in conformance with 1ega1 reguirements, BIDS 1. OFF-STREET PARKING IOT II{PROVEMENflPS. 325 t ere received, publicly opened and read in the city Ha1I Council Chamber s at 2:OO o'clock p.m., on this date. The sununary was recorded as follows: $42 ,959 .30 46 ,67 3.OO 47 ,597 .70 50,207 .65 Engineering estimate (wiIsey, IIam & Blair): $41,354.60. The City Engineer, in reply to Council inquiry, advised that the low bid represents approximately 4% above the engineering estimate and reconunended that the contract be awarded to Lohrrie Paving Company as lo$rest bidder. Councilman Martin introduced and moved the passag e of RESOLUTION NO. 69-63 " AWARDING CONTRACT FOR CONSTRUCTION OF OFF-STREET PARKING LOT III{PROVEI{ENrS " seconded by CounciJ.man Crosby and unanimously adopted upon ro11 call of members. 2 DISPOSAT PLANT ROAD IT4PROVEI4ENTS. (he Chair announeed that sealed proposals for construction of 1,260 Iinear feet of tr^renty-foot roadway with a tvro-inch plant-mixed surface on the entire roadway within the Disposal Plant area, adverti,sed in conformance with lega1 requirements, were received, publicly opened and read in the City Ha11 Council Chambers at 2:30 o'c1ock p.m., on this date. llhe sunmary was recorded as follows: 1 2 3 4 5 6 7 F . D. SPERRY CO!,IPAI{TY LOWRIE PAVING coI.,IPAliIY KIJNZ PAVING COII{PAI\IY L. C. S!{ITH COUPATIYo. c. JoNEs & soNs BRAGATO PAVING COUPATIY F. F. & U. COIIIPANY, INC. 96 7 7 9 9 9 10 , 941 .50 , 250.00 ,401.00 , 188.00 ,375.75 ,999.00 ,423.OO Engineering estimate (City Engineer):$10, 052.00 Councilman Crosby introduced and moved the passag e of RESOLUTION NO. 70-63 ,,AWARDING CONTRACT FOR DISPOSAL PLANT ROAD IIt,lP ROVEMENTS seconded by Councilman George and unanimously adopted upon ro11 call of members. 3. CONSTRUCTION OF WATER RESERVOIR. Sealed proposals for construction of water reservoir, advertised in conformance with legal requirement s, were received. publicly opened and read in the City Eall Council Chambers at 1O:00 o'c1ock a.m., on thi.s date. fhe summary was recorded as follows: $ss,0 80,0 76,4 47, 300 .00 88,888 .00 65 , 020 .00 Alternate A ditto B Alternate C ditto D Alternate A ditto B 00.00 00 .00 20 .00 llhe City Engineer recommended that the bids be held for further study. Council concurred and continued the matter to the meeting of Septefiber 16, 1963. 1. IOWRIE PAVING COI,{PAI{IY 2. B. FONTANA & SON, INC. 3. O. C. JONES & SON 4. KT'NZ PAVING COMPAI{IY I. E. iI. FREATIIY ditto 2. CROIT{ CORPORATION ditto 3. S&0CoNSTRUmIONCO. ditto 326 IIEARINGS 1. BURLINGAME SHORE I,AND COMPANY:RECLAS S IF I CATION/VARIANCES . Mayor Johnson announced that public hearings on the applications ofthe Burlingame Shore Land Company, pertaining to a proposed apartrent complex, were concluded at a prior meeting. For the record, communi-cations in protest to the applications were acknowledged as follows:I{r. Ben L. Hechinger, lO25 Cabrj-11o Avenue; Mrs. F. Lewis, 909 Rose Court; Mr. Bernard Morris, 1105 Oxford Road. I{ayor Johnson called concerning procedure upon the City Attorney to advise Council at this time. The City Attorney stated that the City Council at its last meeting introduced an ordinance to recLassiflr the subject property to Fourth Residential District. A formal vote on the variances was withheld pending submission by the appJ.icant of an agreement incor- porating the conditions which were irnposed at the meeting. Tlhe City Attorney advised that an agreement, which presumably meets the requirements of the City Council, was received in his office too late to be examined prior to the time of the present meeting. The City Attorney stated that there is considerable detail involved whidr will require conferences with other menibers of the city staff, and suggested a continuance to the next regular Council meeting. Itlayor ilohnson recognized CYrus J . Mclt1illan, attorney representing the applicant, who advised that an effort was made to submit all of the necessary documents to the City Attorney and City Engineer, and urged Council to proceed with its deliberations. Fo1lowing a period of discussion during whidr the City Engineer stated that plans filed in his office appeared to be in order but, as yet, have not been compared with the agreement, Council concurred with the City Attorney and thereafter continued the matter to the meeting of September 16, 1963. Mayor Johnson announced that this was the time and place scheduled to conduct a public hearing on the application of Burlingame Investment Company for a variance to construct an office building on third-re sidential property at 90 El Camino ReaI, intersection of Bayswater Avenue and E1 Camino Real, before the Council on an appeal from the decision of the Planning Conunission. A letter from the City Planner, dated Augxrst 23, L963, advised that the application of Burli.ngame Investrnent Company was first heard on April 22, at which time pJ.ans submitted for the proposed construction \^rere not accepted by the Commission. Ihe hearing vras continued to May 27 for the applicant to revise the plans. On the latter date, plans subnitted were not approved but the Commission granted a variance in principle and instructed the applicant to correct or retnove conditions considered objectionable. A third revision of the plans did not cover previous objections and at a special meeting on August 12, Mr. Pringle indicated that he would make no further changes. Ihe Commission by a unanimous vote denied the variance. Proponents were invited by the Chair to speak. llr. Douglas Pringle. with his associates, representing the applicant. advised that he, Leonard and Al-fred lloskovitz, dba Burlingame 2 . APPEAL RE : BURLINGA!{E INVESTIT{ENT COII{PA}IY VARIANCE APPLICATION. 3-27 Burlingame Investment Company, and Itlr. Stan Gates, real estate developer, propose to construct a nev, office building for their own purposes on property ovrned by the Burlingame Investment company. Mr. Pringle submitted photographs of three conunercial buildings in the Burlingame-San Mateo area and advised that the proposed building is a composite of the most attractive features of all three. tilr. Pringle stated that the Planning Commission agreed that the property was a proper subject for a variance and approved the proposed use but was not satisfied with the building design. There were objee- tions to vehicular or pedestrian access at the EI Camino frontage, to a "well" in the area of the side setback and to on-site parking facilities. l1r. Pringle stated that every effort was made to meet the objections except in the area of building desing, which represented the type of small. attractive, modern building most suitable to the requi.rements of the developers. Mayor Johnson j-nvited comments from those in favor of the application. I{r. Stan Gates advised that he is financially interested in the building and will occupy one of the suites and questioned whether the City has the right to regulate in matters of architectural design. The City Planner advised that in the variance process the city has full authority to impose conditions deemed reasonable for the proper develop- ment of a property, including architectural control. Ttre City Attorney, in elaborating, stated that under applicable statutes the granting of a variance is considered a matter of grace and not a matter of right. Where there is refusal on the part of the applicant to accept any legal condition. the variance can be denied. Irpon determination by the Chair that there were no further speakers, either favoring or protesting, nor communications on file, members of the City Council were invited to comnent. Councilman Crosby the Commission in regue sted approv ing the city Planner to elarify the action of a variance in principle - Ttte City Planner explained that the Commission agreed that because of the peculiar shape of the Lot it would be difficult to deveJ.op in the apartment use for vihich it was zoned; the existing residential building, which was converted to commercial uses, is in poor condition and an office building would be a proper use. Tlhe Comnission requested Mr. Pringle to revise the plans and, basis of the agreement in principle, he was aware that if he reasonable demand s the variance woul-d be approved. on the could rneet The City Planner enumerated modifications requested of Mr. Pringle as follows: Cover an open excavated area on the side setback which created a hazardous situation; enlarge the basement garage if possible to improve parking; remove two parking spaces at the rear of the buil-dingi move the walkway to the building entry from El Camino to Bayswater Avenue. Referring to the matter of architectural control, the City Planner advised that some of the Commissioners took the position that the exterior design hrould not be as attractive as it should be because of the flat roof and the very modern appearance of the building, which did not relate to the rest of the area where the buildings are more of the traditional older styles. It{r- Pringle and the Commission seemed to have difficulty in reaching agreement and the varj-ance was denied. 328 At the request of the Council, plans of the building v/ere submitted. Councilman t{artin in commenting stated that as a former mearber of the Planning Commission he was aware of the differences of opinion con- cerning gab1ed or hipped roof lines as opposed to flat roof design. fhe cnrx of the probJ.em seens to be a matter of objection to contem- porary or modern architecture. Councilman Martin noted that the Planning Conunission agreed that the use does not violate the City's zoning plan, the property is difficult and ttre proposed use proper in the location. Mr. Pringle, in reply to an inquiry from Councilman Martin concerning signs on the property, advised that there will be identification signs placed on the building next to the front door. Councilman lr{artin expressed the opinion that if the applicant agrees to fulfill the basic planning requj.rements of parking, lot coverage and landscaping the variance should be approved regardless of archi- tectural design and thereupon introduced a motion approving the application of Burlingame Investment Company for construction of a one-story office building at the southeast corner of Bayswater Avenue and EI Camino Reali plans presently before the City Council to be amended as follows: Parking spaces at the rear of the buj-lding to be removed; neither pedestrian nor vehicular ingress nor egress to be permitted on the El Camino frontage; the walkway to the entrance of the building to be located on Bayswater Avenue. The well of the garage which extends into the side setback shall be capged to provide safe access to the rear. fhere shall be no signs on the property other than name plates on the building next to the front door, con- forming to the provisions of the Sign Ordinance. llotion seconded by Councilman cro sby and unanimously carried on ro11 call vote. Ihe hearingi was thereafter declared concluded. COMMI',NI CATIONS 1 . ABAG - Agreement Relating to Preservation of. Qpqn-Spqce I,ar:!!l A memo to Council dated August 20, 1963, from the City Itlanager, referred to a communication received from Association of Bay Area Governments concerning a procedure whe reby the City may qualify for federal grants to acquire additional bay front acreage. Council concurred in a reconunendation from the City Manager that he, with the city Attorney and the City Planner, investigate furtlE r and report at a later date. 2. ADDITIONAI HIGIMAY USERS TAXES AND FEES. A conununication from the city Manager dated August 30, 1963, advising that the Division of Highhrays has requested passage of a Resolution aceepting the imposition of additional highway users taxes and fees, and recommending that action be withheld until- the meeting of September 16, to permit a review of the new law by members of the city staff was concurred in by Council . 3 . CITY DI'I{P . A letter dated August 30, 1963, from the City Manager advised that !tr. R. iloly, present dump operator, was given notice as directed by Council of cancellation of contract. Mr. Joly has submitted a dl eck for $3,500.00 to cover arrears in instalLment Payments but has re- quested that he be relieved of further obligations under the contract. A letter dated August 29, L963, from Skilak oi1 company. signed by 329 George N. Keyston, Jr., advised that Ur. Joly agreed to make Palmentof monies due the City, subject to his release from the present con- tract and the City agreeing to negotiate a contract with Skilak OiI Company for the operation of the dump. A meno to Council from the City Manager, dated September 3, 1963, named the following persons vlho were informed of the City's interest in a new dump operation agreement: San Mateo Disposal Co., Inc., San Mateo; Itlr. Gus Pedemonte, Colma; Robert W. Martin, Atherton, Tino Rosas, San Francisco. In reply to the Chair. the City Ivlanager stated that a series of eight conditions, set forth in a form letter from his office. was the basis upon which proposals were solj.cited. The City I{anager advised that to the present tjme, Skilak Oil Company and Mr. Pedemonte have sub- mitted written proposals. Itle City Itlanager stated that !1r. Pedemonte agreed to meet all of the conditions and has offered additionally to provide landscaping around the perimeter of the dump and prepare and plant the filLed area. Ihe City lrlanage r stated that after evaluating the proposals of Skilal< and Mr. Pedemonte, and all things being equal, it was his recommenda- tion, in the best interests of the City, that the Skilak offer be accepted . Ttre City Engineer advised that he was fuIly in accord with the recom- mendation of the City Manager. Officials of the Skilak Company have knowledge of the problems of the dump operation and the requirements of the Regional Water Pollution Control Board. Reference was made by the Chair Skilak Oil Company dated August the check submitted by Mr. Joly contract with that company. to statements in the letter from 29 to the effect that in accepting the City is expected to negotiate a Itlr. David Keyston, in attendance, advised that financial was given I{r. aIoly to enable him to settle his debt with a s s istance the City. Ivlembers was the of Council individually expressed strong disapproval- and it consensus of opinion that the check not be accepted. Mr. Tlomas Gallen, attorney representing l.{r. Gus Pedemonte, upon recognition by the Chair, stated that his client submitted an offer to the City based on specifications received from the City l4anager and, in addition, offered to perform other services of landscaping and preparing the filled area for eventual development by the City. RECES S A recess was declared by the Chair at 10:30 p.m. CALL TO ORDER The meeting was called to order by lvlayor Johnson at 10:45 p.m. I\4r. callen addressed Council advising that in a discussion just con- cluded between I!1r. Pedemonte and Irlr. Keyston it was agreed that possibly an arrangement could be formulated which would be mutually acceptable and of interest to the City. It{r. callen stated that his client has considerable practieal experience having operated dumps for the past several years. 3BO Mr. Gallen requested Council to continue to a later date to enable his client and the City Manager. its present !1r. Keyston del iberat ions to meet with Councilman ceorge advised that in a telephone conversation earlierin the evening, Mr. VaI Arata of the San Mateo Disposal Company,advised that 1n the event of a delay in Council ,s decision he wouldappreciate an opportunity of submitting a proposal to the City Manager within the week. The City Attorney informed members of the Council that on August 29, 1963, a notice of cancellation of contract was mailed to Mr. Joly,the City exercising the provision for cancellation contained in thecontract when monthly payments are defaulted. The City Attorney stated that the effective date of cancellation is Septernber 15- In the event of reinstatement, Mr. Joly vrill thereafter be held to the provisj-ons of the contract and, in the event of failure to comply, ttre contract wil-1 be cancell-ed forthwith. The City Attorney informed Council- that between the present time and the date of cancellation, there should be no action on the part of the City which wiII tend in any way to void the notice of cancellation. Any communication or negotiation vrith I4r. Joly should be that the City Council is cancelling the contract, unless instructs to the contrary. on the basis Council- It was thereafter agrreed by the City Council to continue the discus- sion to a future meeting to permit I1r. Keyston and Mr. Pedemonte, and any other person interested in assuming the dump operation, to meet with the City Manager. 4. REQUEST T1fR FIRE ZONE CIIANGE. GTEN W. ALIEN A memo to Council dated August 20, 1963, from the city llanager referred to a request from GIen w. All-en for a change in Fire Zone boundaries on Capuchino Avenue to permit construction of an apartment building on a commercial Iot. It was the recomrnendation of the City Manager that the request be held pending action by the Planninq Commission on the proposed use of the property. Council concurred - 5. F'INAI MAP " EDWARDS IDIDUSTRIAL PARK" APPROVED. A communication from the city Planner dated August 27, 1963, advised that the Planning Commission at the meeting of August 26, 1963, unanimously recommended approval by the City Council of the final map of Edwards fndustrial Park- Upon advice from the city Attorney, City Engineer and City Pl-anner that the map was in order, Councilman Martin i-ntroduced the passage of RESoLUTION NO. 71-63 "APPROVING FINAL MAP ENTITLED 'EDWARDS ITiIDUSTRIAI, PARK' BURLINGAIT{E SA}i MATEO COUNIY, CALII'ORNIA" AND DIRECTTNG EXECUTION OF AGREEMENT TO CONSTRUCT PUBLIC I!4PROVEI{ENTS, " seconded by Councilman Crosby and carried unani-rnously on ro11 call vote of members. 6. IIII,LS ESTATE NO. 2I TENTATIVE MAP APPROVED. A communication dated August 2A, 1963, from SkyJ-ine Development ComPany, owners/developers of the proposed MiIIs Estate No. 2l Subdivision (7 lots on llunt Drive betvreen Trousdale Drive and Frontera llay ) requested approval of a variance for Lot 5 as shown on the Tentative l"lap. Ihe communication explained that the lot meets all requirements for a 1egal Iot except 50 feet of frontage on a dedicated street. lfhere is ample frontage on Trousdale Drive but the Planning Commission reguested a strip one foot in width across that portion of the lot to be deeded to the city to prevent access to Trousdale Drive where it wilL enter the future .runipero Serra Freeway. A 2O-foot "panhandle, " within the boundaries of Lot 5, will provide street access to Hunt Drive. The Chair acknowledged Ur. John Cockcroft, in attendance representing the appficant. Prints of the map were submitted to Council and the city Planner, at the request of the Chair conunented on the non-access strip, designated Lot I on the subdivision map. Following a brief period of disucssion concerning construction of Hunt Drive, a motion was introduced by Councilman Martin approving a variance for less than 50 feet of street frontage on Lot 5, Mi11s Estate No. 21. llotion seconded by Councilman George and unanimously carried. A motion introduced by Councilman Martin, seconded by CounciJ-man George, accepting the Tentative Itlap of l,li1ls Estate No. 21, was unanimously carried on ro11 call vote. 7. APPEAL: APARTIT{ENT CONSTRUCTION EL CA INO AND WILLOW AVENUE. A communication dated August 29, L963, from.llrs. Edward J- llarino, 750 Walnut Avenue, requesting a review of the decision of the Planning Commission in approving variances to Iqr. A. R. Carpenter for a proposed addition to an apartment building at 789 El Camino ReaI was acknowledged and a public hearing scheduled before the City Council on October 7. 8. CATIFORNIA DRIVE STREET LIGHTING PROJECT. fhe City Attorney advised that subsequent to action taken at the last regular meeting when Council agreed to engage the law firm of Ernest A. Wilson and Associates for the proposed Assessment District for street lighting improvement s on California Drive, Mr. Wilson has prepared and submitted three resolutions and a communication for action by Council . DMSION 4 OF THE STFEETS AIID IIIGHWAYS CODE" was introduced for passage by Councilman l{artin, seconded by Councilman George and unani:nously adopted on roll call of members. RESOLUTION NO. 73-63 ''A RESOLUTION DIRECTING PREPARATION OF INVESTIGATION REPORT TNDER DMSION 4 OF TIIE STREETS AllD HIGHWAYS CODE" was introduced for passage on motion of Councilman Crosby, seconded by Councilman ceorge and unanimously adopted on roll call of members. A motion introduced by Councilman Martin appointing the lega1 firm of wiLson, Harzfeld, Jones & llorton to represent the City in Assessment District Proceedinqs for the California Drive Street Lighting Project, in accordance with the terms of their letter of August 28, 1963, was seconded by Councilman Cro sby and unanimously carried on ro11 call vote of members . 331 RESOIUTION NO. 72-63 ''A RESOLT]:PION OF PRELIUINARY DETERMINATION I'}SDER RESOLUTION NO. 74-63 "A RESOLUTION OF INTENTION TO CONSTRUCT II{PROVEUENTS CALIFORNIA DRM STREET LIGIIPING PROiIECT" was introduced for passage on motion of Councj.lman George, seconded by Councilman llartin and unani- mously adopted on ro11 call of members. 332 9. BAY AREA AIR POLtr,UTION CONTROL DISTRICT An " Information Bulletin" from Sidney D. Herkner, Director, Bay AreaAir Pollution Control District, dated August 22, L963, was acknowledged and accepted for filing. 10. COI4PLAIMI RE: DEPOSIT OF LITTER ON CITY STREETS - A communication dated August 20, 1963, from !Irs. Lloyd A. Wollmer, addressed to Mayor ,fohnson, ca1led attention to the untidy condition of Burlingame Avenue caused by litter on the sidewalks and street and poor housekeeping on the part of owners of vacant stores. I{ayo r Johnson announced that the matter would be referred to the Chamber of Commerce. Councilman Martin reported that negotiations have been completed to acquire the property of alanet T. Rehe, located on Park Road, Lot 5-Fj-n the Burlingame Avenue Area Off-Street Parking District, at a cost of $30.500-00, which is witlin the appraised valuation of the property. RESOI.,UTION NO. 75-63 "A RESOLI,'TION ATJITHORIZING SETTTEI{EiIT OF PARCEI 5-F PARKING DISTR]CT NO. 1" was introduced for passage by Councilman Martin, seconded by Councilman Crosby and unanimously carried on ro11 call vote of members. 2. RESOLIITION NO. 76-63 " AIITHORIZING AND DIRECTING EXECUTION OF CIVIL DEFENSE AND DISASTER AGREm{ENT " was introduced for passage on motion of Councilman crosby, seconded by Councilman llartin and unanimously carried. Councilman George representative to appointment as City of Burlingame Civil Defense Organization, accepted an the Unified ORDINANCES ORDINATICE NO. 788 "AN ORDINANCE CREATING A PARKING COMMISSION, ANNOUNCEI\,IENTS Mayor .rohnson announced the continued improvement of Councilman Lorenz- ACKNOWIEDGMENTS Mayor Johnson acknowledged: ReceiPt of a rePort from the City Planner on the meeting of the llighway Design Committee on August 28, in Redwood City; An Award of Merit from the American water works Assoc- iation to the Management and Enployees of the Burlingame water Departmentr Minutes of the Planning Commission and the San Mateo County Council of Mayors. IJNFINISITED BUSINESS : 1. COMMISSfON APPOINTMBITS Upon unanimous agreement of council . the foJ-lowing Commission reappointments r. ere announced : RECREATIOI{ COITft1ISS ION: Mrs. Mildred Grens, 'rohn }'lacke sy, Victor Mangini. HEAIJTH, SAFETY AND TRAFrIC COUMISS ION: Angelo Taverna. LIBRARY BOARD: Lloyd Lynes. RESOLUTIONS PROVIDING FOR ITS ORGANIZATION A}ID TIIE TERMS OT ITS I,TEMBERS, At{D DEFINING ITS POWERS AND DIIIIES" was introduced for first reading by Councilman Martin. 333 Park and Recre- continue to suhnit suggestions an early date. 2 . DPaINAGE DEFICIEI{ISY - 152 3 Cabrillo Avenue . In reply to an inquiry from Councilman ltartin, the City Engineer reported that a study is under way and report will be made to Council at a later date. 3. DRAINAGE COMPLAINT Floribunda Avenue and EL Camino Real . Councilman Crosby advised that he has received an inquiry from Mr. walter Schafer, 1517 I'loribunda Avenue, concerning an improper drainage condj-tion at floribunda Avenue and El Camino Real which causes flooding in the neighborhood. The City Engineer stated that an investigation would be made. 4. DRAINAGE COI{PLAINT E1m Avenue. In reply to an inquiry from Councilman Crosby, the City ltanager reported that it is hoped that the situation will be corrected with cooperation f rom neighboring communities. 5. CITY COI'NCIL TO ACT AS MT'LTI-RACIAL IiI'MAN RELATIONS COMMITTEE. Upon advice from the City l{anager that mernbers of the ation Commissions have agreed not to integrate but to function separately, the Chair requested that Council to fill an existing vacancy on the Park Conunission at I{ayor Johnson reported t}rat the City Council met in study August 28 to consider a course of action in the matter of of a Local conunission to protect human rights and assure of equal opportunity to al'l citizens. I{ayor Johnson stated that it was the consensus of opinion after careful consideration that Council would designate itself as a cormnittee to investigate allegations of racial discriminatory practices. Councilman George co unented that any persoa v*ro wishes to meet with the Council wilL be welcome. Councilman George ttrereafter introduced a motion appointing the City Council as a comittee to investigate in matters pertaining to multi-racial human relations. ltotion seconded h1r councilman Martin. Dr. Henry S. Richanbach, 1629 Lassen way, requested to be heard. In reply to conce rn ing an rnqurry the policy from C. Richard of the city, the Broback, 1205 Chair replied sessron on formation a program Bernal Avenue, that there is no Dr. Richanbach stated at the study session, home from persons who that as a result of corunent s made by Mrs. Richanbach a number of telephone calls were received at their apparently did not understand their position. Dr. Richanbach stated that it is a matter of strong personal conviction that every conununity should be prepared to resolve racial matters as they arise and suggested that Council action in appointing itself a committee may be an inadequate approach. Dr. Richanbach expressed the opinion that the committee should be comprised of loca1 citizens. Mayor Johnson expressed appreciation to Dr. Richanbach for his interest and stated that it was the feeling of Council that should an issue arise it would be brought to the city Council as governing body of the City to be resolved. A unanimous vote on tlE motion above stated was thereafter recorded. 334 discriminatory legj-slation in the City of Burlingame, including the area of municipal employment. Councilmen Crosby and Itlartin noted that individually members of the Council have expressed opposition to racial segregation. Councilman Martin, in further corrnent, pointed out that the City Council can take a position favoring racial, equality but by federal and state statutes is prohibited from lending more than moral support in a number of areas. Mrs. James Aldrich conunended me bers of the City Council for taking an open position thereby according to those in the community who are interested in the subject the opportunity of approaching Council . Mrs. Aldrich stated that she was hopeful that eventually a citizens' comnittee would be appointed to carry forth the ideals expressed by Council on the present occasion. ADJOURNI4ENT fhe meeting was regularly adjourned at 12:00 lt{idnight. Respectfully submitted, RTK c CLERK APPROVED: CIIARLOTTE MAYOR