HomeMy WebLinkAboutMin - CC - 1977.07.05396
B URL INGA.},IE , CALIFORN IA
July 5, 1977
CALL TO ORDER
A regular meeting of the Burlingame City Council was hel-d on the
above date in the City Hall Council Chambers. The meeting was
called to order at 8:07 P.M. by Mayor A. Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG!
Led by Al-f red J. Palmer, Police Chief.
ROLL CALL
Counc i 1
Counc i 1
Ment]3e rs
Memb e rs
Present:
Absent:
Ams!rup, Crosby, Harrison, Martin
Mangini (Excused - vacation)
MINUTES
The
and
minutes of the regular meeting of June 20, 19'77 were approved
a dopted.
COMMUN I CATIONS
I. FRANCES SMOOKLER, 19 MILLS CANYON COURT, APPEALING PLANNING
COMMISSION DENIAL OF VARIANCE FROM LOT FRONTAGE REQUIREI4ENTS,
MILLS CANYON COURT
Mayor Harrison reguested Council comment.
Councilman Amstrup considered that
subdivision should not be changed,
for a hearing on this matter.
the conditions on the original
and that there was no necessity
City Attorney thought this viewpoj-nt basically correct, and
pointed out that if Planning staff had been aware of this
condition when the application was presented, it would not have
been accepted. rn his opinion, as a matter of 1aw, the appeal
and the subdivision should be denied and no hearing was necessary.
There were no further Council comments.
Councilman Amstrup moved that Planning Commission action on the
variances be upheld and that tentative subdivision map pertaining
to Lots I and 2 , Mills Estate #27 be denied. second by Councilman
Martin. Carried unanimously, Councilman Mangini absent.
Council had received letter of June 28, l-977 from Mrs. Smookler
with this appeal-. Tvo variances were involved and a tentative
subdivision map for Lots 1 and 2, Mills Estate *27.
Mayor Harrison acknowledged receipt of letter of JuIy l, L97'7
from faw firm of Caputo,Liccardo and Rossi, representing Mr. and
Mrs. Smookler, requesting hearing on July L8, 1977 with no
Council action at this present meeting. Also acknowledged wasjoint memo of June 28, L977 on this subject from City Attorney
and City Planner, attaching copy of Councj-1 minutes of July 1, 1968.
These minutes report Council action establishj-ng original sub-
division for Mills Estate #27 with a stipulation that no further
subdivision be a1lowed. Staff memo reported this point was
developed after considerable discussion at the Planning Commission
meeting of June 27, L977, and was that Corunission's basis for
denial of variances and recommendation to Council that tentative
subdivision map be denied. Council- therefore had two choices:
1. Deny variances and subdivis j-on map on basis of JuIy 1, 1968
action. 2. Rescind this condition and allow considerat.ion of
variances and new subdj-vision map.
397
FROM STAFF
1. CITY MANAGER: POLICY ON CETA IIELP
Mayor Harrison
proposal.and Councilman Crosby had no objection to this
Counci ]man Martin questioned if cost of material forrecreation building had been obtained. City Managerthis had not yet been determined.
paint in g
in di cate d
Councilman Martin noted that material- for
be necessary.
scaffolding would also
Mayor Harrison stated he did not see this in Park budget.City Manager noted the budget allowance for equipment and supplies.
Councilman Martin asked City Manager to determine exactly how
much it would cost the City to paint the Recreation building. City
Manager stated he would present gallonage and square footagefigures. In response to Mayor Harrison, he stated he would present
the specifications on a suitable project to the Council.
In reply to Councilman Crosby, City Manager stated Recreationbuilding had previously been painted under a contract, and agreedto research this contract for comparison of costs.
2. CITY MANAGE R FORWARDING TRAEFIC, SAFETY, PARKING COMMISSION
RE COMMENDATION ON STOP SIGNS.
City Council received letter of June 24, L977 from Chairman ofTraffic,Safety & Parking Conunission stating recommendation of that
comrnission that stop signs be installed at Lexington Way atBloomfield Road, and North Lane at Carolan Avenue. By endorsementof June 29, 1977 City Manager recommended that necessary legislationbe prepared. Letter attached memo of ltfay 23, 1977 from CityTraffic Engineer recommending stop signs.
Councll concurred with these recommendations .
Mayor Harrison directed City Attorney to prepare necessarylegislation.
Councj-1man Amstrup noted recent newspaper article concerning stopsign on Trousdal-e and Hunt which has repeatedly been destroyed at
Memo of June 30, 1977 from City Manager advised that ManpowerPlanning and Administration had received additional money fromthe Federal Government and is requesting proposals for projects
to be undertaken by the unemployed. City Manager requested
Council direction as to development of appropriate projects. Memo
attached tabulation of present CETA staffing and proposed CETA,Anti-recession and Safer Streets Program personnel. AIso attached
was communication of June 23, ]-977 from Park Director detailingstreet tree j-nventory program as a management tool for comprehensive
and efficient maintenance of City street trees. In additionCity Manager memo transmitted CETA proposal Evaluation and Review
Process and CETA Title VI project Requirements.
City Manager told Council the chances of Burlingame's coming upwith an appropriate project appeared to be minimal, but suggested
he be affowed to pursue such a project with subsequent report toCouncil for their approval or disapproval.
Councilman Amstrup questioned if all proposed CETA employees
have been hired by the City. City Manager replied applicants aresti11 being processed.
Mayor Harrison noted $300.00 was in Park Department budget forpainting of grandstand, and he had been informed by both Park
and Recreation Director they had originally contemplated one
CETA employee, but that two such employees r^rould expedite job
of painting both Park projects and Recreation building.
398
a cost to the City of $600.00 for replacements. He observed
that this sign is wooden, whereas others in the area are steel.
Director of Public works stated wooden replacements had been
erected pending receipt of a steel sign. Final installation wifl
be stee l-.
3. CITY CLERK: EXPIRATION OF TERM - I\4EI\,IBER OF TRAFFIC,SAFETY,
PARKING COMMISSION
City C1erk's l-etter of June 28, L977 informed Council- of expiration
of the term of Joseph A. Aliamus, Traffic, Safety & Parking
Conmission on August 6, 1977.
Mayor Harrj-son directed City Manager to ascertain from Mr.
Aliamus if he would be interested in servj-ng another term,
announced this vacancy would be considered at the Council
of August l, ]-977.
and
mee ting
CONSENT CALENDAR
1. PARCEL MAPS RECOMMENDED BY PLANNING COMMISSION: 9fI EL CAMINO
REAL WITH CONDITIONS; 1530 LA MESA DRIVE WITH CONDITIONS; I2I0
BELLEVUE AVENUE UNCONDITIONAL
2. CLAIM OE' EILEEN NIX, BODILY INJURY. CITY ATTORNEY RE COMMENDS
DENIAL.
Councilman Martin wished to
map at 1530 La Mesa Drive.
go on record as opposing the parcel
Councilman Amstrup noted the recurrence of new maps for thls area
and questioned if this would be the fast one. City Planner stated
he could not predict, and commented the present maP was a resubmj-ssion
of one previously approved where the final map had not been filed
within the requisite time period.
Councilman Crosby questioned City Attorney as to why so many more
claim deniafs are being processed than in the past. City Attorney
replied that under the self-insurance program insurance counsellors
advise that claims should be formally denied within thirty alays,
whereas former insurance company had denied claims at the end of
a 45 day period which created a two year period during which a
lawsuit could be fiIed. Present policy drastically shortens
time for filj-nq of lawsuit.
Councifman Crosby moved approval of consent calend.ar, second by
Councilman Amstrup, approved unanimously \"/ith exception of
naye vote from Counci Iman Martin on f530 La Mesa.
RE SOLUT I ONS
1. RESOLUTION NO.
SETTLEMENT - STATE
54-77 "RESOLUTION APPROVING PROPOSED PARTIAL
VS. SAN MATEO COUNTY, ET AL
city Attorney's memo of Jr:ne 28, ),977 transmitted this resolution
and a summary of the proposed partial settlement in the westbay
lawsuit. In his communication City Attorney stated that publ-ic
hearings will be held on the settlement commencj-ng on JuIy 7th
and the formal approval of the City should precede those discussions.
He cited sunmary references to history of the City's grant and
basic i-ssues of the lawsuit, pointing out that any grants by the
State are subject to easement for commerce, navigation and fisheries,
hence uses by Westbay must be consistent with this; and al-so
Westbay's uses are subject to locaf zoning ordinances as well as
BCDC jurisdiction.
Council-man Martin noted the statement was clear as to BCDC
jurisdiction but wanted definite confirmation as to loca1
City Attorney confj-rmed the agreement is subject to local-
zoning.
j urisdiction.
Councilman Amstrup raj-sed the question
p lain .
of construction on the tidal
399
Councilman Martin suggested that since this is tidal plain it is
buildable using tidal plain zoning. He questioned City Attorney
if it were not physically possible to build on this land and if
there was a possibility Westbay would now push for some type of
construction.
City Attorney confirmed it is physically possible to haveconstruction on the tidal plain afthough, to his knowledge,
Westbayrs plans at present only include moffusc beds nearFoster City. He again noted that any land Westbay gets is subjectto the City's building and zoning ordinances. He distributednotices of public meeting at San Mateo City HaIl, Thursday,July 7 , 1977.
Counci lman Iuartin .o**.rrtZS, Westbay's
easement for commerce, navigation, and
Mr. David Keyston, addressing Councj-l, noted that this easementstill does not prevent development such as hotels, motels,
restaurants whj-ch are consistent with it. City Attorney noted
these uses may be consistent with navigation easement but not
compatible with all other restrictions.
Councifman Crosby raised the question of the effect of thissettlement upon the City roadway in this area. He commented this
had been discussed in the past, noting it was his impression, forinstance, that some of the rip-rap encroached on others lands.City Attorney stated the settlement confirms that a portion of
where the City might expand the road belongs to the State and
another portion to Westbay.
Councilman Martin added his understandj-ng that there might be
problems with the present road; and Counci fman Crosby requested
that this be pursued to clarification. City Attorney stated thispoint will be clarified when settlement is fully consunmated.
Councilman Martin asked that City Attorney research the City'stidal plain zoning to be certain the City is protected. CityAttorney conmented he had done this several years ago, but wouldagain research.
Councilman Martin introduced this resolutionadoption. Second by Councilman Amstrup, a1I
Councilman Mangini absent.
land being subject to the
fisheries.
and moved its
aye ro11 call vote,
2. RESOLUTION NO. 55-77 ''AUTHORIZING E)GCUTION OF AGRNEMENT FOR
was introducedENVIRONI4ENTAL IMPACT REPORT WESTATES PARK PROJECT"
by Councilman Amstrup, second by Council-man Crosby.
Mayor Harrison noted this project would beof Ord.inance 1107 which requires a specialin this area.
under thepermit for ausp i ce sall deve lopment
CounciLman Martin stipulated it should be made very clear to thedeveloper that his project is dependent upon the resul_ts ofCity action and that he takes a chance of its not being broughtto completion. City Pl-anner stated the policy expressed todevelopers is that there is this type of-revi6w Uy ttre CityCouncil but that they do not need to wait for the completion ofthe overal] land use study and traffic study.
!r,rerrlrlr"tr.1|rrr!:rf,fJrFrr?-r1lryrrB rr 1,4
Councifman Amstrup emphasized that the City must have part in any
decis j-on on what is going to happen to this area.
In response to question from Councilman Martin, City Planner
explained that this 9.3 acre project at 1700-1800 Bayshore
Boulevard will be a 24,OOO SF office building with 810 parkingspaces. In subsequent stages, another office building might beconstructed. A special permit is needed, and the developer needsthis type of clearance before they can seek a permit from BCDC. Thedeveloper pays for the EIR and the City already has on deposit acashj-errs check in the amount of $6,000.00 to cover the cost ofEIR consultant.
400
Councitman Amstrup requested confirmation that this agreement
does not bind the City in any way. The City Planner confirmed.
Both Mayor Harrison and Councilman Martin again emphasized that the
developer must be ful1y aware of the possible effects of City
legislation in this area.
Motion carried on unanimous rol-1 call vote, Councilman Mangina
ab sent.
NEW BUSINESS
FEDERAL FUNDS PARK AND RECREATIONAL DEVELOPMENT
Councj-1man Martj-n noted receipt of copy of resolution passed by
the city of Millbrae June 14, 1977 establishing a split between
Cormty and Cj-ty of Federal Grant funds for park and recreational
deveropment, and Mj-llbraers attached suggestion that Burlingame
adopt a si-milar resolution for submissj-on to the County Board of
Supervisors. Councilman Martin noted 90* City - 109 County split
had been Burlingame's position in the past, and suggested like
resolution be prepared and adopted.
Counci1 concurred.
RESOLUTION NO. 56-77 "RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BURLINGAME REQIJESTING SAN MATEO COUNTY BOARD OF SUPERVISORS
TO ESTABLISH PRIORITY PLAN T'OR E}GENDITURES UNDER PROVISION OF
THE NEJEDLY-HART STATE, URBAN AND COASTAI PARK BOND ACT OF 1976"
was introduced by Counci lman Martin who moved its adoption,
second by Councilman Amstrup. All aye roll call vote, Counci lman
Mangini absent.
CONSULTANTS - LAND USE AND TRAFFIC STUDY BAYFRONT AREAS
City Planner Swan informed Council proposals have been received
from consuftants for both land use study and traffic study. He
stated staff would narrow selections down to three and asked
Cor.rncil if they would like the opportunity to interview consultants
at the next study meeting.
In response to question from Mayor Harrison, Director of Public
Works stated he also could sel-ect the top three consultants for
Council- consideration.
Mayor Harrison pointed out that the next study
include consideration of sewage rates, budgets
Park Department and Recreation Department, and
comment.
Mayor Harrison so directed staff,
commence at 7:30 P.M. on July 13,
3. Reports : Cj-ty
Commission meeting
session would
for City HaII .requested Council
ACKNOWLE DGMENTS
1. Burlingame Civic Arts Council Communication ,fune 28, 1977
re American Legion Building. Mayor Harrison noted this is similar
to one received at last Council meeting from Wm. Fisher, president
of Burlingame Business and Professional Association. At that
meeting, Mr. Fisher was advised to contact Arts Council- and other
groups for cooperation in this project. Mayor Harrison suggested
that Mr. Don Spencer, president of the Burlingame Arts Council,
contact Mr. Fisher.
noting study meeting would
L977.
Treasurer, May 3l-, 1977; City Planner, Planning
Jwre 27 , 197 7 .
Council agreed to consider consultants if only two for each study
were presented.
2. Director of Recreation communication dated J1od-re 27, 1977
re fall brochure.
4. Minutes: Park & Recreation Commission, June 14; Planning
Commission, June 13; Traffic, Safety, Parking Commission, June 9;City Council Study Meeting, June l-, 1977.
5.Memo of June 2l-, L977 from Chief of Polj-ce attaching CitizenCertificate of Appreciation to Mr. Philip S. Newman, owner ofthe Broadway Pharmacy j-n Burlingame for outstanding assj-stanceto the department. Mayor Harrj-son added Council's commend.ationto Mr. Newman to that of the Police Department.
6. Letter of June 17, 7977 from A.E. Johnson proposing Cj-tyexercise runways for pets.
7. Letter of June L8, 1977 from Esther Harris, and letter of
June 27, !97? from Daniel J. Creedon, both expressing appreciationfor opera lunches sponsored by Burlingame Arts Council.
BOMBERO PROGRAI\,I
Councilman Crosby informed Council he had received telephone call-that Cuernavaca is again sending bomberos to Burlingame for trainingin firefighting. Fire Chief had informed him that their cost oftransportation is being paid, but they do need housing for thetime they are here. Councilman Crosby suggested use of thecontingent fund to help with this expense.
Fire Chie f
nominal .
tol-d Council he thought the cost for this would be
Coun ci- lman
before and
Martin coinmented the
suggested s ome money
City has helped in this program
be allocated for this.
Council concurred.
AMERICAN LEGION BUILDING
Mr. Don Spencer, president, Burlingame Cj-vic Arts Council,
addressed Council on thj-s subject. He stated recommendation ofCouncil to confer with other groups had been followed, but they
need authority from the City to pursue some facets of investigationof what is needed to renovate the building. He spoke of necessityfor structural engineering inspection, possibility of CETAfunding on this project, and other private funding, aII of whichare dependent on some type of temporary approval from the City.
Mayor Harrison asked if he meant the preparation of a feasibilityreport with no outlay to the City and no financial commitmentfrom the City.
Mr. Spencer stated this was true - that in this project theArts Council was asking from the City only the funds which wereapproved (August, 1976) last year and which were not d.rawn uponby the Arts Council.
Mayor Harrj-son asked City Attorney's comment on lega1 options.
City Attorney observed it was not clear what type of commitment
was expected from the City. He was sure staff would be abLe to
show people through the bui1ding.
Mr. Spencer repeated the organization wanted just approvafthe City that if it is feasible it coul-d have the option tothe building without further commitment by the City. againnoted the funds not used. last year.
from
use
he
Mayor Harrison pointed out that this was general fund money,and since it was not used in the fiscal year appropriated, funds
were no longer available. He cited City Attorney,s statementthat staff would be available for going through the building so thatan estimate could be prepared.
City Attorney suggested the group wanted approval of renovation
tl.,!+ .E'F/rrrtdvirT'rtFlr*.t@t'-* -q -'l i-
401
if feasibility report so indicated.
Councilman Martj-n remarked this seemed previous, and Mayor Harrison
told Mr. Spencer he had only considered that staff would work
with Mr. Spencer. He had no intention of committing any certaj-n
amount of staff time.
Cor:ncilman Martin had two specifications: 1.' No City money $/as
to be expended. 2. Nothing whatsoever was to be done to the
building until Council had received report and had given permission.
Mr. spencer indicated he understood. City Manager added that there
must be a workable agreement for the different prospective
occupants of the building.
Mayor Harrison questioned if Mr. Spencer understood that there
was to be a negotiable lease. Mr. Spencer agreed.
ADJOURNMENT
Meeting adjourned at 9:00 P.M. to an executive session on l,7age
negotiations.
Respectfully submitted,
402
ililuHi 11
City l- erk