HomeMy WebLinkAboutMin - PC - 1965.05.24CITY OF BURLINGAME PLANNING COMMISSION
COMMISSIONERS PRESENT
B.rauner
Cistulli
Edwards
Kindig
Norberg
Pierce
Stivers
CALL TO ORDER
"!ay 24, 1965
COMMISSIONERS ABSENT. OTHERS PRESENT
None
City Attorney Karmel
City Planner Mann
City Engineer fiarr
A regular meeting of the Burlingame Planning Commission was called to
order on the above date at 8:00 p.m., Chairman Kindig presiding.
ROLL CALL
The Secretary's roll call recorded all members present.
MINUTES
Minutes of the regular meeting of April 26 and the study meeting of
May 10, 1965, previously submitted to members, were approved and
adopted.
MAPS
1, RESUBDIVISION OF LOT S, EL QUANITO ACRES NOo_2. (Approved)
A resubdivision map of Lot S, E1 Quanito Acres No. 2 Subdivision,
located at Canyon Road and E1 Prado Drive, prepared by Louis A. Arata,
Civil Engineer,for the owner, Allean Dacus, was reviewed at the study
meeting and scheduled for Commission action at this time.
Air. Arata, upon recognition by Chairman Kindig, stated that the
resubdivision will divide the property into two lots; the one lot will
have an area of 13,071 square feet, the other, an area of 30,736 square
feet. He pointed out that both lots will have street access over a
20 foot ingress and egress easement from El Prado Drive, the easement
situated within the boundaries of Lot 5 and held mutually by the City
of Burlingame and the owners of Lots 5 and 6.
In reply to Chairman Kindig, the City Engineer indicated his approval
of the map, stating that it was a better plan for the property than
in two previous proposals.
In reply to Commissioner Brauner, the City Engineer confirmed that
water and sanitary sewer installations will create no specific problems.
Chairman Kindig invited comments from the floor.
Mr. Walter Lerner, 2736 El Prado Road, informed the Commission that
he is the owner of Lot 4, adjacent to the subject property, that the
existing paved driveway is the only means of ingress and egress for
1 his garage and that he is primarily concerned that the proposed
resubdivision and the resultant improvements of the lots will not
render the driveway unuseable for his purposes.
The City Planner recalled that at the time of a prior hearing
Mr. Lerner was alerted to the fact that the driveway is not within
his property, that it is his, not the city's, responsibility to take
the necessary measures to insure his rights by legalizing his entry.
The City Planner noted that this is the third request to divide the
property and, without a doubt, is the most acceptable.
Mr. Lerner stated that he will consult with his attorney since,
apparently, the subdivider did not pursue his declared intention of
creating an easement for the purposes of a driveway to the property.
Air. Lerner requested and was granted permission to review the map.
Chairman Kindig recognized Mr. William Murray of If. Kent Atwater,
Real Estate, representing the owner of Lot S. who stated that the
plans for the property will not in any jeopardize Air. Lerner's entry
to his garage.
The City Attorney, in reply to the Chair, stated that it is his
recollection from previous hearings that there is a driveway used by
Air. Lerner which is partially, if not wholly, on another's property;
the city does have an easement but not a public Easement, nor where
the driveway is; it is a recorded easement but not carved out on the
land. The City Attorney stated that there was never a private ease-
ment to ;sir. Lerner.
There were no further comments in favor of, nor protesting, the appli-
cation.
On a motion introduced by Commissioner Cistulli, seconded by Com-
missioner Pierce and unanimously carried on roll call the resubdivision
of Lot S, E1 Quanito Acres Subdivision No. 2 was approved in accordance
with the map filed with the City Engineer.
2. RESUBDIVISION OF LOTS 2.3,27928 BLOCK 44, MILLS ESTATE NO. 23.
(Approved)
A resubdivision map of the above -described properties, filed with the
City Engineer by George S. Nolte, Consulting Civil Engineers, Inc.,
was reviewed at the study meeting and scheduled for Commission action
at this time.
Mr. James Roemer was in attendance representing Eichler Homes, Inc.,
the original subdividers, and the owners named on the,: -map.
Air. Roemer informed the Commission that when the land was graded there
were some banks which were cut improperly, resulting in flat areas or
pads on the wrong lots.
Referring to the map before the Commission, Fir. Roemer stated that
by shifting the rear lot lines as indicated the additional pads will
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be transferred to Lots 2 and 3 at'no cost to the property owners.
The City Engineer and the City Planner indicated no comment; there
were no comments from the audience favoring or protesting the appli-
cation.
On a motion introduced by Commissioner Cistulli, .seconded by Com-
missioner Pierce and unanimously carried on roll call, the resub-
division was approved in accordance with the map on file with the
City Engineer.
3. RESUBDIVISION OF LOTS 8.9,10,19,20, BLOCK 44, MILLS ESTATE NO. 23.
(Approved)
A resubdivision map of the above -described properties, filed with
the City Engineer by George S. Nolte, Consulting Civil Engineers,
Inc., was reviewed at the study meeting and scheduled for Commission
action at this time.
Mr. James Roemer represented Eichler Homes, Inc., the original.sub-
dividers, and the owners named on the map.
Mr. Roemer stated that the map has been filed at -the request of the
individual owners of Lots 8,9,10, for the same purpose as the resub-
division just discussed, to realign lot lines to conform to the
slopes as they were graded.
Mr. Roemer noted that the map proposes two small changes in side
lot lines, in addition to shifting the rear line of Lot 10.
The City Engineer and City Planner indicated no comment. There were
no comments from the audience.
On a motion introduced by Commissioner Cistulli, :seconded by Com-
missioner Pierce and unanimously carried on roll call, the resub-
division was approved in accordance with the map filed with the City
Engineer.
COWWUNICATIONS
1. PACIFIC GAS AND ELECTRIC COMPANY GRANTED EXTENSION OF SPECIAL PERMIT.
A letter dated April 26., 1965, from Pacific Gas and Electric Company,
bearing the signature of L.J. Brundige, Division Manager, concerned a
Special Permit for an Electric Substation on East Lane between Howard
and Burlingame Avenues approved by the Planning Commission in May,1963,
and subsequently extended to June 4, 1965, and requested a further
extension to June 4, 1966.
The City Planner recalled that at the time of the original hearing when
the applicant indicated it would be a few years before the substation
was actually built, the Commission approved a permit for one year,
subject to renewal.
Mr. Richard Alves, representing Pacific Gas and Electric Company,
stated that construction in 1966 appears to be reasonably certain.
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In reply to Commissioner Brauner, Mr. Alves stated that the property
has been fenced and landscaped according to the Commission's require-
ments.
On a motion introduced by Commissioner Brauner, :seconded by Com-
missioner Cistulli, and unanimously carried the .Special Permit was
extended as requested to June 4, 1966.
2. BURLINGAME SCHOOL DISTRICT TO ENLARGE McKINLEY SCHOOL PLAYGROUND.
A letter dated May 17, 196S, from the Burlingame School District,
signed by George V. White, District Superintendent, reporting that
the District will acquire property at 724 Fairfield Road, immediately
adjacent to the McKinley School for the purposes of enlarging the
school playground area, requested the Planning Commission's approval
of the use of the property.
The City Planner advised that the State Education Code requires
school boards to confer with Planning Commissions where additions to
an existing school or new school construction is contemplated.
The City Planner stated that removal of the existing residence will
square the school property lines and add to the yard area.
Mr. Ceorge White informed the Commission that the plan is to acquire
the property about the first of July, 196S, and commence improvements
after the first of September, when it is expected that the present
owner will vacate.
There were no comments from the audience.
Commissioner Norberg introduced a motion to approve the use, noting
that the enlarged playground area surely will prove a desirable
addition to the school. Motion seconded by Commissioner Edwards and
declared carried unanimously.
HEARINGS
Pursuant to public notice, hearings were conducted as follows:
1. FENCE HEIGHT VARIANCE GRANTED L.E, BOSTROM, '749 LEXINGTON WAY.
Mr. L.E. Bostrom submitted a request for a variance to fence a por-
tion of his property at 749 Lexington Way to a height of eight feet.
A sketch filed by the applicant of the areas proposed to be fenced
showed the property bounded by the Peninsula Tennis Club, an existing
public easement and Washington Park.
A communication from the applicant dated April 2!), 1965, advised that
a swimming pool will be installed on the property. Because of tennis
balls constantly dropping into the yard and persons climbing the
existing fence to retrieve them, the greater fence height is con-
sidered essential to privacy and seclusion at the swimming pool.
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Chairman Kindig recognized Mr. Bostrom who stated that he proposes to
fence approximately 4S feet along the park line and 40 feet at the
easement.
The City Planner reported that after visiting the property it is his
opinion there is good basis for the request inasmuch as Mr.'Bostrom's
property adjoins what is practically an entire public area. fie stated
that the legal six foot limitation. is rather a hardship where
it might not be if there were two private properties adjoining each
other.
There were no comments from the audience in response to the Chair s
inquiry.
Replying to Commissioner Brauner's inquiry whether the present appli-
cation is for the fence along the easement only, MT. Bostrom requested.
a variance for the areas shown on the drawing, explaining that he
intends to use cement block to a height of eight feet at the easement
and tongue and grooved redwood, or similar material, against the park.
Commissioner Cistulli stated that after personally inspecting the
situation he felt the valiance was justified and thereafter introduced
a motion approving a variance for the fencing eight feet in height
described by fir. Bostrom and indicated on the drawing on file. Motion
seconded by Commissioner Pierce and approved unanimously on roll call.
2. VARIANCE APPROVED FOR LIVING QUARTERS IN COMMERCIAL BUILDING
1156-S8-60 CAPUCHINO AVENUE.
Belle Goldsmith and Marion M. Kaufmann, 1333 Jones Street, San Fran-
cisco, requested a variance to allow living quarters on the second
story of a commercial building, 1156-58-60 Capuchino Avenue, Lot 27,
Block 4, Easton Addition.
The application showed improvements existing: "'Two story frame
building containing two stores on ground floor with apartment on
second floor".
A letter dated April 23, 1965, from the applicant stated that the
property was acquired in December, 19640 with the idea that it would
be used in conjunction with the Wells Fargo Bank building, which is
immediately adjacent and owned by the applicants. However, the bank
showed no interest; subsequently, when it developed that upstairs
oommercial offices were not in demand in the Broadway area, it was
decided to remodel the second story and rent as an apartment, since
there was evidence that it had been lived in for many years.
The communication stated that the city's building department refused
to issue a permit for the alterations on the grounds that the build-
ing may be used only for commercial purposes.
A site plat and a contractor's estimate for improvements to the park-
ing lot were filed.
The City Planner, in reply to the Chair, reported that the second
story was a non -conforming apartment for years but the use had ex-
pieed; therefore, it was not possible for the building inspector to
issue a permit for the use proposed by the applicants.
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In reply to an inquiry from Commissioner Pierce, firs. Goldsmith
stated that the apartment is vacant.
b- In reply to Chairman Kindig's comments concerning off-street parking
for the apartment, the City Planner pointed out that the applicants
have stated they intend to pave and mark the existing parking lot,
which serves the subject property and the bank building. He suggested
including these improvements as a condition of the variance and
reserving one space for the apartment. fie stated that since the
property is in a first fire zone it would be a definite hardship to
require a garage building for the apartment; construction would be
very costly.
The City Engineer suggested,as another condition of the variance, that
plans for the parking lot improvements, particularly the drainage,
be approved by the City Engineer's office prior to construction.
Airs. Goldsmith indicated that the conditions recommended by the
Planner and the Engineer were acceptable.
There were no comments from the audience favoring or protesting the
variance, nor communications filed.
On a motion introduced by Commissioner Edwards, seconded by Commissioner
Cistulli and unanimously carried on roll call the variance to allow
apartment use of the second story of the building at 1156-1158-1160
Capuchino Avenue was granted, subject to approval by the City Engineer
of the parking lot improvements, including drainage, prior to construc-
tion, also, one parking space to be designated apartment parking.
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3. VARIANCE FOR APARTMENT BUILDING IN R-2 DISTRICT DENIED.
1420 OAK GROVE AVENUE.
A variance application was filed by Johann F.K. Hufnagi, 709 Farringdon
Lane, for 11R-3 zoning for a 6 or 7 unit apartment building" on property
zoned R-2 at 1420 Oak Grove Avenue, Lot 3-Block 10, Burlingame Terrace
Subdivision.
The application showed improvements existing: "Very old 2 bedroom
house".
A communication from the applicant dated April 15, 1965, requested
favorable consideration of the application: (a) to permit the highest
and best use of the land, based on today's market value; (b) new
multiple construction on the opposite side of the street, in the exist-
ing R-3 zone, has upgraded the area by replacing older buildings;
(c) the proposed improvement will be advantageous by increasing the
value of the property, thereby reflecting a new and higher tax basis.
A pencilled sketch of a two story 7 unit apartment building, with 8
parking spaces was filed. Lot dimensions were shown as 50 feet on
Oak Grove Avenue by 130 feet deep.
Communications opposing the application were read from
Airs. William Duffy, 1495 Oak Crove Avenue and Airs. Ethel Hughes Denley,
1432 Oak Grove Avenue.
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A drawing of existing uses in the R-2 zone fronting flak Grove Avenue,
between Acacia Drive and Farringdon Lane, prepared by the City Planner,
showed all single-family residences, with the exception of one duplex
dwelling on the corner; the subject property was rated "fair", all
others, "good".
Chairman Kindig invited comments from the audience.
Mr. D.B. Daly, 70S Farringdon Lane, protested the variance, stating
that he has lived in his present home for 2S years during which time
he has improved the property considerably; the proposed building will
be injurious to his home and the quiet enjoyment of the rear yard.
Mr. R.W. Booth, 728 Farringdon Lane, commenting that he has lived in
the area for 31 years, protested that, if granted, the variance will
provide the impetus to other requests for apartment construction in
the Burlingame Terrace Subdivision, which is primarily an area of
well maintained single-family residences. fie questioned whether there
is not ample land within the city already zoned for apartment con-
struction without intruding into an established residential district.
Replying to Chairman Kindig, the City Engineer nested that at the
present time the city is deficient in fire flow water supply in the
apartment area, bordering the area under discussion, which includes
a six inch water main on Oak Grove Avenue. He stated that studies
are under way to upgrade the water flow and brink; some of the mains
to flow capacity; the present proposal certainly will not help the water
situation.
Chairman Kindig invited comments from the applicant.
bliss. Marie DeBusk of A.V.R. Realty Company, speaking for thy: applicant,
stated that the proposed building will be no higher than tw( stories;
therefore, should not interfere with nor disturb the privacy of neigh-
boring properties; further, a new modern building, replacing the exist-
ing old residence, will be a desirable addition to the neighborhood.
Commissioner Brauner noted that the application refers to a "six or
seven unit building". Mrs. DeBusk replied that seven units are pre-
ferred.
Mr. Hufnagl, in reply to Commissioner Cistulli, stated thEt during the
three years he has owned the property it has been rented to tenants.
He stated that it is now vacant but he intends to sell and has been
approached by a buyer interested in building apartments.
Commissioner Cistulli introduced a motion to den), the application.
Motion seconded by Commissioner Edwards.
On the question, Commissioner Brauner referred to the legal conditions
requisite to a variance grant, inviting Mr. Hufnagl to comment.
Following Mr. Hufnagl's statement that he would not wish to have the
property developed in such a way to cause harm or injury to his neilh-
burs, the motion to deny the variance was thereafter declared carried
unanimously on roll call.
The applicant was advised of his right of appeal to the City Council.
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4. SPECIAL PERMIT GRANTED THE HERTZ CORPORATION CAR RENTAL SERVICE.
An application filed by Hertz Rent A Car, 433 Mason Street, San Fran-
cisco, requested a permit to operate "a car rental service from Bell
Captain's Desk at Myatt House hotel, 1333 Bayshore Highway".
A letter from The Hertz Corporation, dated May 4, 1965, signed by
James E. Saunders, San Francisco ?Manager, reported:,, The services will
be handled from within the Myatt house by the individual bellman from
the bell captain's counter; the only display sign is located at the
beliman's desk; there are no exterior signs at the location; automobiles
are kept in the Hyatt [louse parking area but are serviced by the Hertz
maintenance facility at the San Francisco Airport.
Mr. George Monds, Assistant Manager of the Hertz Corporation, repre-
sented the applicant.
The City Planner in reply to Chairman Kindig, recalled that the original
permit to the Hyatt House Corporation was for the 'hotel use only and
not to be presumed to extend to other types of businesses using the
hotel for their activities. He stated that the Hertz Corporation was
informed concerning the use permit procedure and, subsequently, filed
an application to legalize their operation from the Hyatt House Hotel.
The City Planner stated that he finds no objection to the proposed use
noting that a car rental service would be a reasonable adjunct where
the hotel is oriented to the airport to a large extent.
Chairman Kindig recognized Mr. Monds who reported that.the llertz Cor-
poration serves Hyatt House in approximately twenty of its locations;
in Burlingame, due to the proximity to the Hertz facility at the air-
port, it is possible to deliver an automobile, upon request, within
ten minutes. He explained that there is a contract drawn between his
company and the Hyatt [louse Corporation, but as far as Burlingame is
concerned there is a verbal agreement that only four cars will be
kept on the hotel grounds.
Mr. Monds agreed that on occasion there could be a greater number of
cars but checks are made twice daily and any in excess of four are
removed to another location. lie stated that more than four cars is
considered an overload at Burlingame.
In response to inquiries from Commissioners Brauner and Cistulli,
Mr. Monds stated that. the cars are parked in the rear of the hotel;
Commenting that parking at the hotel has always been a problem
because the parking layout was improperly planned from the beginning,
the City Planner stated that there is an agreement of record between
the city and the Hyatt [louse whereby the entire parking area will be
resurfaced and re -marked.
In reply to Commissioner Norberg and Chairman Kindig, the City
Engineer advised that his office recently approved improvement plans
for curbs and gutters on the street frontage of the hotel. He
stated that it is his understanding this construction will commence
during the summer but to his knowledge there have been no improve-
° go
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vents to the parking area.
Mr. Monds, in reply to Commissioner Brauner, agreed to a limitation
of five on the number of cars to be parked on the hotel grounds.
There were no comments from the audience.
On a motion introduced by Commissioner Brauner, seconded
Edwards and carried unanimously on roll call, the Special
approved to The Hertz Corporation as requested, providing
excess of five cars shall be maintained at the hotel at
RECESS
The Chair declared a recess at 10:00 p.m,
CALL TO ORDER
Chairman Kindig called the meeting to order at 10:10 p.m.
HEARINGS (continued)
by Commissioner
Permit was
that not in
one time.
S. AMENDMENT TO MUNICIPAL CODE: TO ADD TIDAL PLAIN (TP) DISTRICT
REGULATIONS.
Chairman Kindig announced that this was the time and place scheduled
to conduct a public hearing forthe purpose of considering an amend-
ment to the Municipal Code of the City of Burlingame providing for a
new chapter entitled "Tidal Plain (TP) District Regulations".
Requested by the Chair to initiate the discussion, the City Planner
recalled that the subject was considered at a prior time by the
Commission but was dropped from the agenda with no positive action
taken due to certain circumstances, which at the time appeared to
resolve the matter to the Commissions satisfaction. He stated that
subsequently the City Council requested the Commission to hold hear-
ings and submit its recommendations.
Commissioners having been furnished copies of the proposed ordinance
at the regular meeting in April, the City Planner noted one change,
suggested by Commissioner Brauner and accepted by members: removal
of the phrase "Extraction of chemicals from sea water" under "Per-
mitted Uses".
Referring to prior discussions in the matter, the City Planner stated
that there were differences. of opinion among members of the Commission
whether or not the ordinance was essential, some members expressing
their opinions that since there are no uses designated for the
area, development under any conditions is impossible unless the city
issues a use permit.
The City Planner stated that it is his opinion the proposed ordinance
should be adopted, thereby providing to the Planning Commission and
the City Council the criterion for judging what is correct for the
tidelands area.
The City Planner referred to the stand taken by the Association of
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Bay Area Governments (ABAG) in support of a moratorium on Bay filling,
pointing out that the "Tidal Plain Ordinance" developed when the
question was raised by the ABAG attorneys whether controls by the
Joint Powers Agreement would extend to privately owned lands; the matter
of bay fill became particularly significant to this city with the re-
sult the City Council felt there should be some type of local control.
The City Planner pointed out furher that the proposed ordinance will
not accomplish rezoning but simply provide the guide lines with which
to rezone property,if the city so desires.
A letter dated May 4, 1965, from Ideal Cement Company, Denver, Colorado,
owner of tidelands within the city limits of Burlingame, referred
to their letter of January 15, 1965, which was read at the Commission
meeting of January 25, 1965, requesting that the proposed ordinance
not be enacted at this time.
The City Planner quoted from a copy of the Ideal Cement Company communi-
cation dated January 15, 1965, as follows: "There is no present need
of, or advantage to the City of Burlingame to be obtained by the
adoption of the proposed regulations at this time ....... It is our under-
standing that the properties of the City and County of San Francisco
and of Ideal Cement Company which lie within the city limits of Burlingame
are presently "unclassified" as to zoning and that any developments of
these properties would first require that a Use Permit be obtained from
the City of Burlingame. Thus, the City already has control over the
use of these tidelands."
Commenting that the Company is correct in its statement that a use
permit would be required for any development in the area under exist-
ing conditions, the City Planner reiterated his position that,if there
were no regulations to guide, theCommission would be forced to search
for a basis on which to approve or disapprove an application for use.
The Chair invited comments from the audience.
Air. Gilbert Rodli, spoke for Ideal Cement Company, confirming the
Company's position that the proposed ordinance is unnecessary.
Air. Rodli stated that the crux of the problem is "what is the proper
use or the future use of the bay land area?". lie proposed that a
general plan is the only proper basis upon which a proposal may be
evaluated and recommended preparation of such a plan by the city in
cooperation with neighboring owners.
The City Planner reported that the firm of William Spangle and
Associates has been appointed by the City Council to prepare a general
plan.
In a period of Commission discussion, Commissioner Brauner expressed
approval of the proposed regulations, commenting that inasmuch as
the entire bay area is involved with widespread public interest, regu-
lations for its proper use and development are quite necessary.
Chairman Kindig agreed that the ordinance will provide an essential
st�-adard to the Commission for controlling the use of the area.
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Commissioner
an ordinance
tidelands.
Edwards stated that he did not believe the adoption of
would materially affect the eventual development of the
Commissioner Norberg referred to the land presently being developed
along the city's bay front and expressed the opinion that the uses
proposed by the ordinance were inconsistent with what has been per-
mitted to date, lie questioned the reason for "such definite restric-
tions on this additional piece of property", stating that there will
be a line of demarcation beyond the present developments.
Chairman Kindig recognized Mr. John tleacham, Assistant General
Manager for Operations, San Francisco International Airport, who in-
formed the Commission that the airport's master plan study is
progressing but there is nothing definite to report. He stated
that "we are growing and will continue grow and believe in the future
we will be before you with a proposal". lie stated that he was
present at this time because of the airport's interest in the Com-
mission's deliberations and recommendations.
There were no further comments heard. The Chair thereupon declared
the hearing closed.
On a motion introduced by Commissioner Brauner, seconded by Com-
missioner Cistulli and unanimously carried on roll call, the City
Attorney and City Planner were directed to prepare and submit to
the Commission the Findings, Summary and Res lution whereby the
Commission shall recommend to the CityuNfftfon of the Tidal Plain
(TP) District Regulations.
RESOLUTIONS
1.
RESOLUTION NO. 2-6S "Recommending The Adoption Of An Ordinance
Amen ing The Regulations In M-1 (Light Industrial) Districts" was
introduced for passage on motion of Commissioner Cistulli, seconded
by Commissioner Edwards and unanimously carried on roll call.
NEW BUSINESS
1. Capital Improvement Budget.
Following an announcement from the City Planner that not all of the
material is available for Commission consideration, a discussion on
the Capital Improvement projects for 1965-66, scheduled for this
time, was held for the study meeting, June 14.
ADJOURNMENT
The meeting was regularly adjourned at 10:55 p.m.
Respectfully submitted,
John J. Brauner
Secretary
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