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HomeMy WebLinkAboutMin - CC - 1975.09.0241'3 Burlingame, Cal ifornia September 2, 1975 A regular meeting of the Burlingame City Council was held date i n the Ci ty Hal I Counci I Chambers. The meeti ng was at 8:03 P.M. by I'layor Irving S. Amstrup. CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG: ROLL CALL the above I ed to order y Gerald A. Nordstrom, Chief of e. on cal Led b Polic Counci 1 Counci I I'IINUTES The mit Members Present: i,lembers Absent: Ams tru p-Crosby-Cu s i ck - Harr i son -Ma ng i n i None s of the regular meeting the Ci ty Counci 1 , were aP B IDS: {EED ABATEMENT of prmi nuteted to August I oved and previously sub-B, 1975, adopted. dAda low to the City reported on abatement p In of th B I DDER Robco En[erprises Green Val I ey Landscapi ng , Inc . Bay Pest Control Company Engineer's Estimate RESOLUTION N0.63-75 ram (1975-l 97 TOTAL BID ITEMS I 7 ( rTEM 2 DELETED)srx 636. Z1 I 3,700.26 16,835.95 $14,012,72 e work of ugust 28, 1975, the Director nd opened on August 27 for s: Weed Abate- , For Items moved i tsrol'l cal I . on 0f Agreement For t,leed Abate- trol Company For Items 6 And who moved its adoption, second on roll call. a memorandum Publ i c [,jorkse annual weed Manager date bids receive rogram as fol A recommendatlon from the Director of PubIic Works to divide between Robco Enterprises and Bay Pest Control for a total co $11,926.32 was accepted by the City Council. "Authori zi ng Executi on 0f Agreement 6 ) I,li th Robco Enterpri ses , I ncorpora i ntroduced by Counci lman Harri son, uncilman Cusick, unanimously carried rh st ment ProglAnd3T hrough 5" was For ted who onadoption, second by Co RES()LUTION NO. 64.75 "Authori zi ng Ex6) t,{ith Bay Pes ounci I man Harri unanimously car ment Program (1975-l 977" was introduced by C by Counci lman Crosby, COI4MUNICATIONS I. PARK PLAZA TOI,JERS IIO PARK ROAD Council for information. It was t ecutit Con son,ri ed In a memo to the City Manager dated August 26r 1975 Public l'lorks recommended the City Council consider america Mortgage Advisors, Inc., dated June ?3, 197 ment with the City Councll to allow completion of t accordance with the proposal of Rene Louis Cardinau A memorandum from the City Attorney to the City Man August 6, 1975, commenting on several areas of conc request of Transamerica Mortgage Advisors was forwa or ofof Tr the aject June ,t the 5, hexA age he Di rect reques tto amend above proIA, datedr dated rel ati ved to the osition,o the Cou an compl e totCity wi th nci I 'te th ans- gree- in 16. he these s e matters resolved, al I owi ng amendmen I ast two uni ts, i t there werethe agreemenat is the des i ty Attorney' egal obs tacl e the new owneof the Counci he Cnoltsoire thatoff th ern rdespstrcl. Counci lman Cusick requested cons i deri ng there wi I I be a44 approved by the City Coun revi ew i ndi cates there i s am adequacits as ostated tject. cittot ci 1 ple y Pl anner comment onal of 45 dwelling un. The City Plannerparking for the pro y of parking pposed tohat staff / 111 Councilman Harrison endorsed amendment of the agreement as presented by the Director of Public l,lorks in his memorandum of August 26. Council- man Harrison asked if the $18,000 parking contrlbution stipulated in theexisting agreement can be written into the revision. The City Attorney explained that commitment was made by the prior owner of the property and i s protected by bond. Counci lman Harri son recal I ed there was i ndi -cation by the City Attorney at a study meeting of possible difficultywith the bonding company. The City Attorney responded the bonding company recognizes the legal situation. Furthermore, when the one remai ni ng certi fi cate of occupancy has been i ssued for the enti rebuilding by the Building Department, the two-year period commences when the City must undertake nev', parking construction to rneet the terms ofthe agreement and legally claim the $18,000. It was the City Attorney's opinion there will be no difficulty in collecting on the bond; otherwise,it will be necessary to ask the new owner to assume the obligation. l,layor Amstrup recogni zed George M. Turner , owner of one of the condomi ni ums , who asked for clarification of changes proposed by the architect. TheCity Attorney responded, BXplaining that the new owner has asked for Council permission to complete the 44th and 45th units and issuance of occupancy permit for the entire building. Staff, after thorough review, approved the plan and recommended to City Counci'l amendment of the agree- ment. Mr. Turner then raised the issue of a manager's apartmentthe homeowners associ ati on. He asked i f thi s i s i ncl udedplan. The City Attorney stated it was his understanding sentatives of the nev, owner that this has been resolved. f promi sed toin the revised rom repre- Paul Verrier, Jr., representing the property owner, reported that the Board of Directors of the Homeowners Association met and decided to offer no opposition to the architect's proposal for the 45th unit. Expressing sympathy with the homeorllners in attendance, Mr, Verrier explained there was no written representatlon of a manager's unit, that his company was not aware of it when lending the money to build based on the written -representation of the prior owner. Moreover, Mr. Verrier stated, i t seems unreasonable that his company's client should be expected to for- feit a unit because of a commitment over which he had no control. Councilman 14angini stated he was anxious to see the building completed and cleared for occupancy and that provision for a manager's unit would not appear to be a matter for deliberation by the City Council. Mayor Amstrup agreed, commenting that the Council, in considering the revised plan, was attempting to help resident owners by expediting proj ect' s compl eti on. Councilman Crosby noted that the City Attorney's memo of August l8 appears to indicate that the only question before the City Councll deals with the 44th and 45th units. The Attorney explained there is the under-lying question of whether that final unit was to be given to the home- owner's for a manager's uni t. Thi s apparently was represented to some of the people but not mentioned in the covenants, conditions and restric- ti ons. Counci I man Cus i ck recal I ed that Council's minutes that there wasto the homeowners. statement was made and is ng to be a manager's unitthe go i i n the dedicated In response to Mayor Amstrup, the City Attorney advised that repre- sentation as to units belng given to the homeowners is outside of the City'q realm to enforce. It is a matter between the homeowners and the- property owner. The only matter before the City Council is approval or disapproval of a different building configuration. Counci lman Cusick stated that the Council original Iy approved 44 units, is now being asked to approve an extra unit, and that it would seem the use of that extra unit could be subject to City Council direction. Acknowledging comments of the City Attorney, Councilman Cusick r itrd the Direcior of Public blorks in his memorandum of August 26, Council- man Harrison moved to authorize preparation of an amended agreementl[.or the Counci I ' s cons i derati on to al I ow compl eti on ance with the proposal of Rene Louis Cardinaux Motion seconded by Counci lman Mangi ni , carried Mr. Turner asked if the City Council intends to the red tags placed by the Building Department.this will be done upon approval of the amendedCouncil. Mr. Turner asked for a transcript ofof September 3, 1974. The clerk was directed t request. 2. CHRISTMAS DECORATIONS BURLINGAME AVENUE order removal of all of Mayor Amstrup confirmed greement by the City he minutes of the meeting comply wi th Mr. Turner's of the project AIA dated June on voice vote. 4,15 accord- 1975. Mr. Keyston each of o promote in 16, at o David H. Keyston, President, Chamber of Commerce, informed the City Council in a letter dated August 18,1975, of a combined effort by the Chamber and the Merchants Association of Burlingame Avenue to raise funds for new and better decorations for the Avenue and asked if the City will be willing to continue to install and service the decorations as in the past. The letter mentioned that the work of installation will be slmpler with the new decorations, thereby reducing time spent by City crews. There were no objections from the City Council to City personnel con- tinuing to assist with the decorations. f'layor Amstrup asked about the Burl i mentioned in a recent newspaper art merchant, advised the association i explained it is the position of the the Ci ty's three shoppi ng areas sho busi ness wi thi n thei r respective areas. thi s moye by the merchants. Further, i n stated that the Chamber of Commerce wi I Ifor the Christmas displayi the merchants f unds. me V i I I age Merchants As soc i ati on0; Harry S. Graham, JF., localngaiclsi Ch ul d n the formative stage. amber of Commerce that have an association t The Chamber has been encouraging response to the Mayor, Mt". KeYston work with City staff in arranging associ atl on i s hel pi ng to col I ect 3. COI'IMISSIONER RESIGNATION Alfred A. Kirk, 2515 Poppy Drive, submitted his resignation from Traffic, Safety and Parking Commission in a letter dated August 14,1975, with expressions of appreciation for the privilege of serving as-a commissioner. Mayor Amstrup directed transmittal of an appropriate acknowledgment to l{r. Ki rk. CONSENT CALENDAR I . LOBBY ENTRANCE CHANGE PARK PLAZA TOI,IERS, I I O PARK ROAD Under date of August 21 , 1975, the Director of Public l,Jorks, Acting Ci ty Manager duri ng the Ci ty Manager's vacation, forwarded a request from Rene L. Cardinaux, AIA (August lB, 1975), sketch attached, to replace the north side entry door, presently not used, with a fixed piece of glass and handrail to accommodate a doorman's station for added building security. Mr. Cardinaux's letter stated that the exterior appearance of the building will remain unchanged, that Fire and Building Departments are aware of the requested change and have expressed no objectlon, acknow'ledging that the building has sufficient legal exltways to comply with all codes withoutthat door. A recommendation from the Director of Public l,lorks for administrative approval of the request was accepted by the City Council. 2. PROPOSED PARKING C .iGES DOt,lNTOHN BURLINGAME AVENUE AREA The Traffic Engineer's proposals for the above area were forwarded to theCity Manager by the Director of Public l,lorks in a memorandum dated August 26,1975, with a recommendation that the subject be transmitted to the City Council for referral to Traffic, Safety and Parking Commission. The City Council accepted the recommendation. TheCouncilman Harrison asked about costs of implementing the changes. 4-16 Director of Public lllorks exp'lained they had not been determined as yet but will be available to the Commission for its consideration. Council- man Harrison noted that one benefit deriving from the changes will beadditional long term parking spaces for employees ln the downtown area, which should prove to employers and employees that the City is cognizantof thei r probl em and attemptl ng to resol ve i t. Counci I man Harri son asked about long term spaces approved for Chapin Avenue. The Directorof Publ ic !'lorks indicated this project should be underway shortly. Under date of August 27, 1975, the City Planner forwarded the above document prepared by Earth Metrics Incorporated. The Planner requested review by the Council at its study meeting on September l0 and public hearing at the September l5 regular meeting. In addition, the Planner advised that Earth Metrics, ln accordance with its contract with theCity, hopes to appear before the City Counci'l at its study meeting to present results of work performed. At Councilman Crosby's request for actual locations of the 5 lots mentioned in the Traffic Engineer's communication, the Director of Publ ic }{orks advised that relevant sections of the DeLeuw, Catherreport with cost information wlll be forwarded to the Council. Also,ln response to Councilman Cusick, drawings of the 5 lots to scale will be furnished the Council. 3. DRIVEhIAY hlIDTHS In a memorandum addressed to the City Manager under date of August 28,1975, the Director of Public l,'lorks forwarded a proposed code amendment pro- viding for grant of special permit by the City Engineer for drivewaywidth up to the normal width of a garage door opening ln R-l (Single Family) Districts. Attached to the communlcation was a memorandum from the Associate Civil Engineer citing problems that exist on R-lproperti es because of present regul at i ons . In response to an inqulry from Mayor Amstrup, the Director of Public l{orks advised that the Park Department will be consulted in any sltuation i nvol vi ng street trees . He expl ai ned further i t I s not i ntended that there be automatic grant of special permit, rather that the City Engineer may grant a permit under certain specified conditions. t.lith Counci'l concurrence, Mayor Amstrup directed preparation of an ordinancefor the Council's consideration. -4. HEARINGS SCHEDULED GENERAL PLAN ELEMENTS SCENIC ROADS AND HIGHI.{AYS ELEMENT l,layor Amstrup acknowledged a communication from the City Planner dated August 26,1975, advising that the above document will be on the agendaof the City Council study meeting of September l0 and before the Councilfor hearing at the September l5 meeting, as directed by Mayor Amstrupat the Council meeting on August 4. Copies of the draft Scenic Roads Element of the San Mateo County General Plan were forwarded for Councl'l's i nformati on. In hi s memorandum, the Ci ty Pl anner advi sed he served on the City/County Planning Task Force to coordinate Scenic Roads and that he believed the Council will find Burlingame's scenic road system con- si stent wi th the County's El ement. NO I SE ELEMET''IT Commenting that capital improvementsall other subjects at the September mended that Earth Metrics be present them. budget will take priority over study meeting, Mayor Amstrup recom- and Council will make time for Roads El ement the regul arI'layor Amstrup conf i rmed that publ i c heari ngs on the Sceni c and the Noise Element of the General Plan will be held at meeti ng on September I 5, I 975. 4 MAYOR'S STATEMENT t.lith frequent references to a prepared statement, Mayor Amstrup offered the fol I owi ng for cons i derati on : The citizens of Burlingame are the true owners of this City and, as such, have chosen five council members to represent them ln formulatingpolicies and seeing that City staff carries the policies into effect. If po'l icies cannot be implemented, staff should advise City Council of the problems so they can be resolved. 447 or otherwi se ) th i s encourage- 0fc Atte wasbvc Publ i i s undes ment sho (stafr ed butility. c cri i rabluld i ticism or embarrassment of any persone. Staff i ni ti ati ve has been encourag ncrease rather than diminish responsib ffia Highway Patrol) To Permi g Execution 0 aHitslc ftccident Investigation Classes At Californi oduced by Councilman Harrlson, who moved i lman Mangini, unanimously carried on rol A number of recent indications show dangerous trends that must not conti nue: I ) Certain staff menbers are ignoring Council decisions and requestsfor action without consulting with Council on reasons for the delays. ?) Delay in relaying new information on which to base policy decisions. 3 ) Staff I ate wi th essenti al deadl i ne i nformation. (In l, 2 and 3 above, examples were cited.) The complete statement is on flle in the 0fflce of the City Clerk. CONSEI{T CALENDAR (cont.) 5. TENTATIVE PARCEL MAP - 238 MYRTLE ROAD At City Attorney, this item was continued foal work on the agreement between the devel RESOLUTIONS RES0LUTI0N N0. 65-75 "Authorizin ofthe r a month oper and the ion reques t additto allow forthe City. alif ndAintr ou nc Councilman Cusick asked if California is in danger of Iostng CrimiJustice funds and, if So, will this affect POST funds. The Chief Pol i ce reported that P0ST money resul ts from traffi c and crimi nalCriminal Justice funds are Federal. The Clty Attorney commented onproposed legislation that could affect P0ST reimbursement to cltles. The bill appears to be delayed in committee. 0RDII,IANCE - Second readi n g: ORDINANCE NO. IO45 "Repeal ing Chapter 17.04 Amstrup, Fire Chief Moorby reported thaty is now operating ls essentially what is there are no major changes to affect theI now be in conformity with most other ci Agreement t,ll th State Burl i ngame Pol i ce To ighway Patrol Academy" adopti on , secondall. nicipal Code And ode" was given the code adopted i n C i ty, andtles in nal offi nes , The MuFire C 0f rmkfdTng fNew trhapter 17.04 Adoptlng The Urilfo i ts second readi ng , Respondi ng to under which ththe new code,that Burl i ngam Cal i forni a. Mayo re Cit thate wil The Chair invited comments from the audience. There were none. 0n motion of Councilman Harrlson, second by Councilman CrosbyNo. 1045 passed its second reading and was unanimously adoptecall. ,0do trdinancen rol I 5 -lJx UNFINISHED BUSINESS I. SAN FRANCISCO INTERNATIONAL AIRPORT EXPANSION Cou nc i I ma n Cu s i I ncorporated , "national Ai rpor ck asked that the materi al rece i ved from Earth Metri cs, Critique of Noise Sections of the San Franclsco Inter-t Environmental tmpact Assessment Report" be forwarded to San Francisco Alrports Commission in tlme for its September l6 hearing on the EIAR. Councilman Cusi ck reported that SST flights coming into this countrywlll increase aircraft noise 20% to 30X and produce four times more carbon monoxide. She requested the Director of Public Works to inquire if this was being consldered ln connection wlth SF Airport expansion. flEI,I BUS INESS I. DUCK BLINDS SAN FRANCISCO BAY Councilman Mangini asked about ownership of The Chief of Police reported they are within not on Clty-owned property. the abovethe City f aci I i ti es.of Burl i ngame but Counci lman Cusick as kedCity Attorney reportedin hunti ng grounds; his hu nti ng g rou nd. Counci s i dered hunti ng area. Cusick asked if the ordin the City. explainingfi red i n the canyon. nti n he c t she has rece i ved reports of guns bei ng 9 is allowed within the City. The ode provides for the use of firearms the duck bl i nds woul d be cons i dered' k asked if l{ills Canyon woul d be con- ttorney i nd icated not, Councilman be repealed to ban use of f'l rearms duck kno He linds have been in exi stence edge , have never been aelt they should not be dlsturbed. if thattori lman The i nan tha hut ca c ci lly' usictvA can Counci Iman Crosby commented thefor many, many years and, to his source of troubl e nor compl ai nt. Counci lman Harri son concurred. Following a comment from Councilman Mangini that he would prefer the duck blinds be removed. Mayor Amstrup requested the City Attorney to confer with Councilmen Cusick and Mangini on the form of Ieglslatlon they desired to present to the Councll for consideration. b wlf Mayor Amstrup reported that the Committee dlscussed the possibility of renting the lot at Rhinette and California Drlve to provide long term- parking for the Broadway area on a trial basls. The Director of Public !.,orks reported that the City Manager is conferring with the owners' Mayor Amstrup explalned that the subiect will be presented to the Counci I shortly. 2, SELECT PARKING COMMITTEE 3. EMERGENCY ORDINANCE THEATERS At the Mayor ' s reques t, th as prepared woul d prohibit present time, there is one and, as far as future useprohibit the use, Mayor Amstrup announced he asked the City Attorney to legislation regul atl ng theater buildings to forestal I being put to uses not advantageous to the City. prepare urgency ol der theaters e City Attorney expl ained that the ordinance theaters in C-l and C-2 Zones. At the theater in each zone , neJ ther operati ng of the two buildings, the ordlnance would y the ouncln for eater ermi t Planning approval. that wl I I '| : Z, Counci lman Cusick asked if theatevs may not be approved b Commission through issuance of speclal permit and with C The City Attorney stated the ordinance makes no provisio proceduie. Counci lman Cusi ck expres s ed the hope that th tonti nue to be permi tted upon approval of a speci al use p Councilman Mangini asked if the permit granted some months ago for the Fox Theater on Burlingame Avenue stlpulated types of fllms. The Clty Attorney stated the City cannot impose such conditions.but the applicant told the Council the types of movies he would show. "Interim Urgency Zonlng 0rdinance An 0rdinance 36.020 0f The Municipal Code Concerning C-l 441) member of BCDC staff; and resul ts reported ORDINANCE NO. IO46 nten ng ect on25.District Regulations" was introduced by Councilman Harrlson vrho moved adoption, second by Councilman Crosby, unanimously carried on roll ca11. HERITAGE TREES ivlayor Amstrup announced that review of the Heritage Tree 0rdlnance aplears to be a matter of some priority. Staff comments indlcate the work load has increased considerably, demanding too much of staff'stime. He declared his intention of appointing a committee to review the ordinance, perhaps one Council member, the Park Dlrector and repre- sentatives of the Beautification Commlsslon, uith the ldea of developlng a simplifled procedure. Councilman Cusick accepted the t'layor's lnvltation to chair the comnlttee. GOLF COURSE At Mayor Amstrup's request, the Director of Public l,lorks reported on a recent meeting of City staff and the City's golf course consultantwith a member of BCDC staff. He stated the results were rather negative inasmuch as BCDC's representatlve was insistent that public access will be required around the entire lagoon and fill not permitted ln that area. However, the Ci ty's consul tant wi I I furni sh al I of the al ternati vesfor circulation among BCDC staff. Mayor Amstrup noted thls was the the City will continue to pursueto the Counci I . ACKNOl.JLEOGMENTS Cgomunications Larry Brown, 309 0ccid on Barnett property. A Corres pondence from Mr Musical Theater l,lorksh Robert D. Moore, 1535 resci nded, Augu s t 19, 0ffi ce of State Contro Ci ty Pl anner report of opinlon ofits plans just wi th one BCDC ental Avenue, request to preserve Eucalyptus tree ugust 14, 1975.s. H.C. Hl ttenberger, 2895 Hillside Dri ve, concerni ng sored by Recreatlon Department.Aug. ?2, 1975, Dri ve, requestl ng Heri tage Tree 0rd i nance be uidelines relatlng to Gas Tax Expend I tures. ng Commission meeting August 25, 1975. Minutes: Park & Recreation Commission, August 12, Plannlng Cornmission' August ll, Trafflc, Safety & Park'lng Commission, August 14, I975. op sp0n Al turas I975. I I er: G Pl anni ADJOURNMENT The meeting was regularly adjourned at 9:30 P.M. Respectful ly subml tted , Herbert K. l.lhite ' City Clerk t*.2^ -t-z'/.,--z1zZBy ildFufyZTt,y Flerk 7