Loading...
HomeMy WebLinkAboutMin - CC - 1977.08.014L3 BURLINGA.IqE, AUGUST 1, CALIFORN TA 7977 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City IIaIl Council Chambers. The meeting was cal-Ledto order at 8:09 P,M. by Mayor A.C. "Bud" Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG: The and Led by ALfred J. Palmer, ROLL CAIL COUNCIL MEI,IBERS PRESENT: COUNCIL MEMBERS ABSENT : MlNUTES Police Chief. Amstrup, Crosby, Harrison ,Mangini, Martin None the regular meeting of July 18, l-977 were approvedminutes of adopted. APPLICATION FOR AUCTION PERMIT 1. PARVI Z OMIDVAR FOR SAN FRANCISCO ANTIOUE AUCTION GALLERY, 1217 SUTTER STREET, SAN FRANCISCO. Mayor Harrison acknowledged letter of July L4, 1977 from Mr. Omidvarrequesting permission to hold public auctj-on on August 1-0, )-977at the Sheraton Hotel. Attached \,ras list of items for auction. Councilman Mangini moved auction permit be granted, Councilman Martin, motion carried unanimously. second by COMMUNlCATIONS Council had received letter of July 27 | 1977 from .fame s F, Putnam and James E. Minto, Putnam Dodge, relative to their problem with sapdripping from street trees on their new stock. Request rdas made thatCity trim trees. Mr, Minto addressed Council, informing them that the branches ofthese large trees overhang his fence about l-5' with subsequent damage,averaging $125.00 each, to roofs of new cars parked under them. Ifproblem is not afleviated, use of L/3 of his parking area would be1ost. He advocated the trees be cut back. At request of Mayor Harrison, Park Director addressed Councj_1. Hestated these 13 large e1m trees, 50 - 60 years old, were well branched and healthy. If limbs were cut back to property 1ine, results wouldbe major damage to the trees with eventuaL deteiioration. Alsotrees would be unbalanced, with possibility of falling in event of wind.He suggested other measures such as moving the vehicles or protecting them with a simple shelter. In response to question from the Mayor, Assistant City Engineer stated number of factors are invofved in building shelter - fire zoning,zoning regulation. City Planner added that in C-2 district sheltercould be built to property line and meet building requirements. Councilman Crosby guestioned why trees could not be trimmed on bothsides and be balanced. Park Director replied that heavy cutting, 1. P UTNAM DODGE, INC.,925 BAYSWATER AVENUE: REQUEST FOR TREE TRIMMING ON ANITA ROAD. 4\4 involving scaffofd branches, opens up areas of the tree for heartrot and other conditions leading to the death of the tree. I{e added these trees are planted 6' from the property line and overhang fence from 15t - 201 . This situation exists throughout the whole city withits large trees, and citizens have lived with this for years. Their appreciation of the trees has overcome the inconvenience. Councilman Crosby stated he did not want the trees removed, and notedthat the City regularly cuts back its eucalypti. Park Director informed him it is not good practice to trim elms in this manner. CounciIman Mangi-ni questioned code provisions for property owners I rights in event of overhang. City Attorney replied that branches overhanging the individual property can be cut back; but j-f treesare killed, the property owner is responsible for the cost of the tree. Councilman Martin considered that if Mr. Minto could be helped by spraying the trees, j-t should be done. Park Director stated he wouldinvestigate spraying, and if j-t seemed in order would have it donewith a report back to Council. Mr. Minto protested that spraying would be only a temporarysolution, and cited trees on Highland Avenue which were cut back 20 years ago and are stiff surviving. fn response to suggestion that he erect shelter for his cars, he protested the cost and the fact thata shelter would have to be too high to comply with City ordinances. Councilman Martin suggested the shelter wou]d have to be only high enough to cover the cars and could be made of an inexpensive material such as plastic. Mayor Harrison directeil that spraying of these trees be pursued. FROM STAFF 1. AND CITY MANAGER/DIRECTOR OF PUBLIC trfORKS: STOP SIGNS AT MAJILLA CHULA VISTA. ENDORSED BY TRAFFTC, SAFETY, PARKING COMMISSION Council recej-ved memo of JuIy 28, L977 from Director of Public Works recommendj-ng that yj-e1d signs be repl-aced by stop signsat this intersection. He noted that this matter had been reviewed by the Traffic,Safety and Parking Commission and was endorsedat their meeting of July L4, 1977. By endorsement of July 28, l.977, CiEy Manager concurred in this recommendation. Councilman Martin commented that minutes of the .Iu1y 14 meeting of this comrnission indicate a quorum was not present, and questioned how such a recommendation could be made. There was no quorum and no officiaL meeting. City Attorney concurred, but noted this would be only a committee recommendation. In response to question from Councilman Crosby, City l4anager statedthe Police Department and Traffic Engineer met with the Commission and made recommend.ations to them. Councilman Martin repeated he wanted a recommendation from an official meeting of this commission. Mayor Harrison referred this recommendation Safety and Parking Commission for action at back to the Traffic, a meeting viith a quonrm. Cor:nci lman Crosby commented that $150.00 expense per car was not a smallj-nconvenience. Park Director replied these trees are worth $700 - $800each, and have been an amenity to the City for 50 - 60 years. Removalof the trees would be expensive and damage to the cars could beprevented. In response to other Council questions, the Park Director stated aregular pn:ning progr€rm is applied to these trees and the drip of sapat this time of year is usually caused by aphids. He acknowledgedspraying could be done; although for a minor infestation such as thisit is not always good practice. Insect predators can red.uce the prob lem. 415 2. CITY MANAGER/PARK DIRECTOR! HERITAGE PARK DEDICATION PLAQUE TO BE DONATED BY ROTARY CLUB. City Manager transmitted to Council memo of JuIy 19, 1977 from Park Director recommending acceptance of bronze plaque providing recognition to organizations and individuals who contributed tothe construction of the Park. Rotary CIub has offered to pay al-l- costs for this proj ect. Mayor Harrison voiced appreciation on behalf of Council and Cityof this offer from the Rotary C1ub, For benefit of the audience, Councilman Amstrup reviewed history of Heritage Park and the organizations which had their effort to it. the gi ven Council-man Mangini moved that this plaque from the Rotary Cfub be accepted, second by Councilman Amstrup, motion approved unan imous Iy . 3. CTTY MANAGER: MEMORAN DUM OF I]NDERSTANDING WITH POLICE AND FTRE ADMINISTRATORS City Manager's memo of July 27, 1977 transmitted and recommended approval of memorandum of understanding between the City and theAssociation of Police and Fire Administrators, dated July 25, 1977. Councilman Crosby moved this memorandum of r:nderstanding be approved, second by Councilman Martj-n, motion carried unanimously. 4. CITY PLANNER: RESOLUTIONS REGULAR MEETING JULY 25, \977 ADOPTED BY PLANNING COMMISSION AT FoIIowing Planning Council scheduling Resolution No. EIR-40P. '' Commission resolutions were presented for of action: 5-77 " Recommending Environmental Impact Report Councilman Martin noted Planning Commission had granteal parki.ng variance for this d.evelopment, the ten story office building - the "King' building - at 1350 Bayshore Highi,/ay. He moved this Planning Commission varj-ance be calIed up for City Council hearinq. Second by Councilman Crosby, unanimously passed. Hearing set for August 15, 1977 . b. Resolution No. LI-77 "Recommending Environmental ImpactReport, EfR-41E, Broadway/Southern Pacific crade Separation Proj ect. " t977 .This final EIR was set for Council hearing on September 19, c. Resofution No. 12-77 "Recommending Environmental Impact Report, EIR-47P A Recl ass i fication from R-3 to C-2." Final EIR set for Council hearing on August 15, 79'77. d. Resolution No. 13-77 " Recomrnending the Adoption Rec lass i ficat i-on of Two Parcels on San Mateo Avenue(Multiple-Family Dwelling ) Distrj.ct to C-2 (Service District. " of an Ordinance from R-3 Business ) Reclassification set for Council 5. CITY MANAGER: TRAFFIC, SAFETY August L5, 1977. COMMISS ION VACANCY hearing on & PARKTNG Mayor Harrison reminded Cor:ncil there were two vacanciesfiIled: the expiration of the term of Mr. Joseph Aliamus vacancy created by the resignation of Robert N. Podesta. recommended that Mr. Al-iamus be reappointed and that Mr.Foley be appointed to fill the other vacancy. to be and the He Ri chard Councilman Mangini moved Mr. Aliamus be reappointed, second by Councilman Amstrup. Carried on the following ro11 call vote: AYES :COUNCILMEN: AMSTRUP, CROSBY , HARRI SON , MANGIN I NAYES 3 COUNCTLMEN:MARTIN (opposed to Commissioners serving more than two terms.) Councj-1man Crosby moved that Richard Foley be appointed to the Traffic,Safety and Parking Commission, second by Councilman Manginl, carried unanimously. CONSENT CALENDAR 1 MAPS (A) (B) (c) RECOMMENDE D BY PLANNING COMMISSION: LOT 8 VIEWLAND ESTATES AND ADJACENT LANDS NEAR tA MESA COURT. FINAL PARCEL MAP. 890 COWAN ROAD. TENTATIVE AND FINAL PARCEL MAP. NO CONDITIONS. PARKWOOD COURT, CONDOMINIUM SUBDIVISION, PARK ROAD. TENTAT IVE MAP WITH CONDITIONS. 8 EL QUANITO WAY. TENTATIVE AND FINAL MAP. NO CONDITIONS. 1435 BELLEVIJE AVENI]E. TENTATIVE MAP WITH CONDITIONS. 50 E DWARDS COURT. FINAL MAP A11 of these maps were transmitted by Assistant City Engineer's memo s of J\ly 27, 1977, indicating his recommendatj-on for approval and noting the Planning Commission's approval. City Managerrs endorsements of July 27, 1977 also recommended approval. Cor:nci lman Mangini, questioning item C, requested assurance thatthe conditions imposed by the Planning Commission specified in attachment to Assistant City Engineer's memo had been agreed toby the developer. City Attorney noted these conditions must be met before final map can be approved for this development. Councilman Amstrup, referring to same map, noted statement inAssistant City Engineerrs memo, "For l-ack of specific condominium reguirements relating to utilj-ty and service improvements, we applied the Subdivision Code. " He questioned City Planner if there should not be "specific requirements" if they are lacking. City Planner agreed, stating the Planning Commission had already asked Planning staff to prepare. On the same i.ssue, Councilman Martin questioned if the access road were not private and the maintenance the responsibility of the condominium owner. City Planner affirmed this was true. Assistant City Engineer pointed out that it was the reconunendation of theCity Engineer that there be a water main and a sewer main into theproperty built to City standards and accepted by Council for City maintenance. He stated it is City policy and it is in the sub- dj-vision code that each unit (of a subdivision) have a separatel-ateral to the residential main. He requested direction from Council as to their approval or disapproval of this point. Councilman Martin commented that this would be a dedicated easement on which mains will be installed on private property for a lengthof more than 200 feet for City maintenance. He did not see rrrhy the City shoulcl maintain. City Attorney remarked there had been agreat probl-em with the water on condominiums and it could happen with the sewer. The Councilman remarked if this were an apartmentbuildinq the owner would have to maintain, and because this happens to be a condominium, the City is expected to accept maintenance. Mayor Harrison suggested the rationale as the fact that these are stil1 single family dwe1l1ngs. Assistant City Engineer agreed, stating he had treated each unj-t as a single family unit rather than approach the development as an apartment house. Mayor Harrison questioned how this was handled in other cities.staff indicated they were not aware. Councilman Marti-n stated the easement for the water and sewer main is the same as the access road, which actually is a common area. He did not approve maintenance of anything beyond the curb 1ine. 416 (D) (E) (F) 417 Council members suggested methods available to the City such as a lien against the individual property. City Attorney stated themunicipality did not have that authority. Councilman Martin pointed out that all condominiums have a condominium association - or company - which is responsible forthe operation and maintenance of common areas. Al1 owners are assessed a fee for this. To his mind, the condominium company had the responsibility for maintaining water and sewer lines, Mayor Harrison concurred that the City should not maintain theseservices. Councilman Crosby stated that since the condominiums have associations maintenance should be taken care of by members, fees. With the concurrence of Council-, Mayor Harrison directed CityAttorney to change this condition on the map for the Parkwood Court to water and sewer systems to be built to Cj-ty standardsbut not accepted by the City for maintenance. Councilman Amstrup moved approval of consent calendar with this change. Councilman Crosby seconded the motion which carried unanimouslywith exception of "naye" vote from Council-man Martin on Item A. RE SOLUTIONS I. RESOLUTION NO. 59-77 ''AWARDING CONTRACT - ADDITIONS AND ALTERATIONS FIRE STATTONS NO. I AND NO. 3" (Thornton Construction Company - $121,000) was introduced by Councilman Martin who moved itsadoption. Second by Councilman Crosby, carried on unanimous ro11 call vote. (Bid summary on file in the office of Directorof Public Works. ) 2. RESOLUTION NO. 60-77 IIRESOLUTION AUTHORIZING E}GCUTION OF AGREEMENT FOR ENVIRONMENTAL IMPACT REPORT WITH TORREY & TORREY, INC. BURLINGAME BAY CLUB CONDOMINIUM" was considered by Council. City Planner reported to Counci] on updated agreement presentedthis evening covering revised. project, together with letter of June 28, 1977 from Torrey and Torrey with revised proposal . CityPlanner recommended. this company for the EIR which could be scheduledfor review by the Planning Commission in September. Councilman Martin questioned if the applicant were ful1y awarethat he was taking a chance in contracting for an EIR coveringa project which will necessitate a complete zoning change, and inan area subject to future changes. Mr. Larry Getz, 7177 Airport Boulevard, sponsor of the project, addressed Council. He stated he was aware of the zoning change needed and the time involved before type of development in thearea is finalized by the City. He went on to say that he would preferto have Madrone Associates, another bidder on the ETR, prepare it because of their recent study on condomini.um development in Marin Coun ty . Mayor Harrison pointedly asked Mr. cetz if he were fully aware and willing to undertake an EIR at this time i,rhich woufd cost $7,000 with the possibility that the development might not material-ize.Mr. cetz replied he was well aware and willing to take the risk. Councilman Martin questioned if Mr.not come back to Council and say he because he had spent this money andwould gro on record to this effect. Getz would state that he wouldshould have the developmenteffort. Mr. Getz stated he Coun c i lman consul,tant Associates che ape r . Amstrup questioned why Mr. cetz wanted a differentthan the one recommended. Mr. cetz reptied that Madronewere doing the EIR on adjoining property and woul_d be f -r..- ryr,y<. trrriFf rtri? F'-iryn?a 418 Mayor Harrison questioned if this woufd necessarily City Planner stated he considered it more realistic consultants identify impacts on different pieces of In response to question from Councilman Crosby, City that previous experience with these firms had been a recolunendation . Mayor Harrison questioned if time constraints were involved. City Planner indicated this was true and that Torrey and Torrey had estimated a completion date ahead of Madrone Associates' be advisable.to have different property. Planner commented factor in his Councilman Manqini commented that if Torrey and Torrey conducted a proper research project they would be investigating the Madrone report also. Based on this, he approved Torrey and Torrey. Councj-lman Martin agreed, stating he preferred a company might be critj-caI of condominiums rather than one biased them. that toward 3. RESOLUTION NO. 61-77'RESOI,UTION AUTHORIZING EXECUTION OF AGRNEMENT WITH ENVIRONMENTAL IMPACT REPORT WITH MADRONE ASSOCIATES, ENVIRONMENTAL CONSULTANTS. ONE WATERFRONT OFFICE BUILDING" was introduced by Councilman Amstrup who moved its adoptj-on, second by Councilman Man gin i . Councifman Mangini questioned the title informed bl, the City Planner that both street address were tentative. of the this pro j ect, title and the and was exact Councilman Martin questioned types of revisions covered by modified agreement. City Planner stated that company had reviewed their pioposal and deaided more documentation was needed on traffic study. introdu,:ed by Councifman Crosby who moved its adoption, second by Councilman Mangini, unanimously carried on ro11 call vote. Councilman Amstrup remarked his vote was reluctanti that there were too many studies in this area. Motion carri-ed on unanimous ro11 cal-1 vote. 4. RESOLUTION NO. 62-17 ''RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH JOHN BLAYNEY ASSOCIATES FOR BAYF RONT LAND USE STUDY" was 5. RESOLUTION NO. 63-77 "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT W I TH-TMeEym[ &-ES SbC I A hS rOn BAYFRONT TRAFFIC STUDY" was introduced by councilman Mangini who moved its adoption, second by Mayor Harrison, unanlmously carried on ro11 call vote. 6. RESOLUTION NO. 64-77 ''ACCEPTING DEED OF EASEMENT - EDWARD J. WATSON AND ELIZABETH C. WATSON " was introduc :d by Councilman Amstrup who moved its adoption, second by Councifman Crosby, carried on unanimous roII call vote. 7. RESOLUTION NO. 65-77 ''ACCEPTING DEED OF EASEMENT - ALEXIS LACROUTS AND CATHERINE LACROUTS " was introduced by Councilman Mangini who moved its adoption, second by Councilman Amstrup, all aye roll call vote. 8. RESOLUTION NO. 6 6- 7 T"AUTHORI ZING AN APPROPRIATION OF $.50 PER EMPLOYEE TO THE COMMUNICATIONS PORTI ON OF THE CONGRESS OF ELECTED oFFICIALS BUDGET FOR TWO YEARS" was introduced by councilman Mangini who moved its adoption, second by Mayor Harrison. Councilman Amstrup stiputated that this resolution contain a provision that it be eifective when a majority of the agencies in the County participate. Motion and second so amended. Motion carried on unanimous ro11 call vote ' Resolution 50-77 was introduced by Councilman Martin who moved its adoption, second by Councilman Crosby, carried on r:nanimous ro11 call vote. 4L9 9. RESOLUTION NO. 67-77 ''RESOLUTION DIRECTING COOPERATION WITH THE CONGRESS OF ELECTED OFFICIAL TASK FORCES OF SAN MATEO COUNTY', wasintroduced by Councilman Mangini, who moved j-ts adoption, secondby Councilman Crosby, with the same provision that it be effective when a majority of the agencies in the County participate. Motioncarried on unanimous ro11 cafl vote. ORDINANCES 1. ORDINANCE NO. 1108 IIAN ORDINANCE ADDING CHAPTER 6.26 TO THE BURLINGAI.,IE MI]NICIPAL CODE REGULATING CHARITABLE SATES AND SOLICITATTONS AND fNFORMATION SOLICITATIONS' was presented for public hearing. For the benefit of the audj-ence City Attorney briefly explained thepurpose of this ordinance which is to provide that all solicitationsrequire a permit from the City and identification for solicitors. On motion Ordin ance unan imous of Councilman Crosby, second by CouncilmanNo. 1f08 passed its second reading and was ro l-1 call vote . Mangini, adopted on 2. ORDINANCE NO. 1110 '' ORDINANCE AMENDING SECTION L2.16. O9O OF THE BURLINGAME MUNICIPAL CODE, ALLOWING CITY CONSTRUCTfON OF IJNDERGROUND CONNECTING FACILITIES" was introduced for first reading by Councilman Crosby. 3. ORDINANCE NO. 1111 "AN ORDINLI{CE ADDING CHAPTER 6.44 BURLINGAME MUNICIPAL CODE RELATING TO THE LICENSING AND OF PRIVATE PATROLS AND EMPLOYEES THEREOF IN THE CITY OF was introduced for first reading by Councilman Martin. TO THE RE GULATlON BURLINGAME I' Councj-lman Crosby questioned if Burlingame presentlyprivate patrols and was informed by the pofice Chiefare four. had any that there I]NFINISHED BUSINESS BUDGET MEETING Councilman Amstrup, Budget Chairman, suggested a meeting be held Wednesday night, August 3, 1977 for the specific purpose offinishing budget discussion and establishing a tax rate. Withthe concurrence of Council, Mayor Harrison announced that an adjournedregular meeting would be held at 8:00 p.M. on this date for thispurpose . SAMTRANS Councilman Amstrup stated he had seenadvertising cocktails, and noted onepermit is that no liquor be served. a signof the outside thisconditions of e s t ab 1i shment their Mayor Harrison directed City Manager to investigate this matter. councilman crosby stated he had been informed of severa] disturbances.Police Chief advised he would prepare a report of these incidentsfor the Council. SISTER CITY CONVENTION Mayor Harrison reported on international sister city convention held ryFT Mayor llarrison declared the meeting open for public comment. There was no comment from the audience and the public hearing wasdeclared cl-osed. Coi:ncilman Amstrup remarked he had learned. that City HaIl no 1ongercarries Samtrans tickets. Finance Director reported sale oftickets had been disconti-nued because insufficient route informationwas available, and the public was not being served adequately. LUCKY I,ADY 420 recently j-n Tucson, Arizona, at which time Cuernavaca, Morales, Mexico, was selected as the city where it would be held next year. It was suggested that Burlingame compete for the 1979 convention. Mayor Harrison distributed gifts from the president of Morales to the City Council. Mr. wm. Garcj-a, Sister City Chairman, invited Council members to Cuernavaca next year. ACKNOWLE DGMENTS As soc i at ion M 2. Notification of vacation from City Attorney. 3. Letter from Victor T. Subbotin, Chairman, Parking Commission, dated July 2'l , L977, on construction of King Buifding. 4. Report from City Attorney daLed, 7 /29/ 77 on Westbay settlement. 5. Report of City Planner, Planning Commission meeting, Jrtly 25, L977. Councilman Martin requested comnunications be more specific in regard to completion of staff work. 6. Treasurer Report, June 30, 1977. 7. Minutes: Park & Recreation Commission, July 12; Library Board of Trustees, July l-9; Planning Commission, JuIy 11; Traffic, Safety, Parking, July 14; Study meeting City Council, July 13, 7977. of 9. r0. J\lly 22, 1977 acknowledgment from Anerican Heart Cj-ty gift in memory of Margaret Mink. Letter of JuIy 2L, 1977 from Senator Foran regarding AB 1455. Planning D=partment time record for fiscal year. 1I. Announcement of ABAG meeting in Burlingame re Regional Housing Plan For The Bay Area, Augusl lO, 1977. Mayor l{arrison announced the December, 1977 conference in San Francisco of the National League of Cities. City Manager was requested to make arrangements for room for Burlingame delegates,at the Sept.1977 League of Californj-a Cj-ties Convention in San Francisco. Counci lman Marti-n requested that all material for a regular meeting be sent in regular meeting packet rather than study meeting packet. ADJOURNMENT Meeting adjourned in memory of P.R. "Bud" Taylor at 9:30 P. to adjourned regular meeting at 8:00 P.M., Wednesday, August Respectfully submitted, L977. ,A " ,./=/ r'z'A#4tr:#,1*City Clerk 1. City Manager report on communj-cation to U.S, Postal Service on availability of Post office parking 1ot. Councilman Amstrup, with concurrence of Council, is to pursue this further.