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HomeMy WebLinkAboutMin - CC - 1974.08.192.31 Burlingame, California August L9, L97 4 CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG:Led by James A. Clark, Acting Chief of Police. ROLL CALL A regular meeting of the Burlingane City Council was called to order on the above date at 8:05 P.M., Mayor Willian J. Crosby presiding. Present: Absent : Councilmen: Counci lman : Ams trup-Crosby-Cus ick-l'lang iniHarrison (excused, vacation) The minutes of the adjourned meeting of July 24 and the regular meetingof August 5, L974, previously submitted to the city council, vrere aPProved and adopted. BIDS: EL CAMINO REAL BEAUTIFICATION HIGHIIAY ROAD -- DUPFERIN AVENUE Contractors' bids for the above project, opened on Wednesday, August L4, L974, at 2:00 P.M., in accordance rrith public notice, were declared as follorrs: CONTRACTOR TOTAL BID $16,005.00 17,953.00 18,375.00 24,825.O0 34,495.00 Engineer's Estimate $21,460.00 In a corununication dated August 15, 1974, the Director of Public works recommended award of contract to the lowest responsible bidder, Asphalt Paving company. The City Manager concurred in the recommen-dation in an addendum to the communication. Councilman llmstrup recalled that work items for the project submittedto the council for approval included a paved walkr.ray adjacent to EI Camino Real roadvray northerly from the bus stop. He pointed outthis section was recently blacktopped by the state, which,may,nirke the walkrray superfluous. If it is part of the contract, perhaps it should be deleted. The Assistant City Engineer confirmed it is in the contract. He expLained that the state was concerned with the shoulder and paved there. The rralkway eraa to lie to the rear of and adjacent to the shoulder.Further, the state has requested relocation of the shelter for bus patrons approximately 100 feet northerly so buses stopped for passengers not obstruct the travel lane. He suggested that some redesign of the r,alkway at the southerly end may be necessary and should be investigated. In response to Councilman Mangini, the Assistant City Engineer reportedthat bids were based on quantities, if less quantities, less cost. The City Attorney stated that the City Engineer may modify the extentof work to be performed by the contractor and adjust costs accordingly. Mayor Crosby thereafter directed the City llanager to confer with engineering and park departments. The City Manager confirmed that the walkrray situation will be clarified before the contract is signed. MINUTES Asphalt Paving Company Anza Engineering Corporation Bay Area Paving company Lowrie Paving CompanyB. Fontana & Sons 6)', !)Aa, Z RESOLUTION NO. 46-74 "Awarding contract EI Camino Real Beautification @ And Dufferin Avenue, Job No. 74-7" (Asphalt Paving comPany, $16r005.00) was introduced by councilman Mangini, who moved its adoption, second by Councilman AmstruP and unanimously carried on ro11 call of members Present. HEARING WEED AND RUBBISH ABATEMENT ASSESSMENTS I. PARK PLAZA TOWERS - PAC IFIC WESTERN CONTRACTORS, INC., DEVELOPERS Mayor Crosby announced this was the time and pJ.ace scheduled, Pursuant to- published notice, to consider the rePort filed by the Superintendent of Streets and to hear public reaction to assessments recited thereln for weed and rubbish abatement on private properties. Declaring the hearing open, the Chair invited comments from the floor. There r,rere none. The hearing was closed. RESOLUTION NO. 47-74 rFixing AsseEsment For Weed And Rubbish Abatement, ffi by councilman AmstruP, who moved its adoption, second by Councilman Mangini and unanimously carried on roll call of members present. A letter from Pacific !{estern contractors, Inc., 475 EI Camino Real ,Millbrae, dated April 15, 1974, signed by ttarry J. Riskas, President, and Robert u. Chuich, Project Manager, requested the City Council's consideration to floor plan changes in Park Plaza Tolrers Condominium Apartments, the subject of an agreement for Special Permit between the City of Burlingame and Pacific Western Contractors, Inc., dated E ebruary 20, L973. The letter stated that the changes are brought about by buyers who wj.shed to have the particular units involved changed from vertical townhouse plans to horizontal plans; also. the townhouse unit on the first flooi has been divided providing the first floor level of the unit as cornmon area of the building, and the second floor portion of the unit changed to a one-bedroom condominium unit. The letter stated furthei that the changes have not influenced parking require- ments established by the city; number of units has not been changed, but there is one less bedroom count than Previously. The Council had before it the comPlete set of william Kubach Associates, Inc., (accepted by February, 1973) rrith overlays Provided by the drawings prepared bY the city Council developer showing changes . Mayor crosby recognized Mr. Church who offered a graphic disPlay i1lus- triting verlical townhouse designs Permitted or agreed uPon in the contract with the city. Mayor Crosby asked Mr. Church if the changes have been completed. He ansrrered yes, explaining it was assumed there would be no objection because no additional rooms resulted. Mayor Crosby asked chief Building Inspector John calwell if he had been aw-are of thl changes. He ansrrered no, adding that the contractor should have informed the-building department and that he, as the chief building inspector, lras distresaed that this had not been done. Mayor croaby asked Mr. Calwell if he objected to the changes- He aniwered nol for the reason that making horizontal units in place of vertical had no effect on building area. councilman Amstrup asked Mr. calr,relI to comment on length of time required to make iuch changes. He was unable to answer, exPlaining thit an ingpector does not carry a set of Plans and would be unarrare of design changes until after sheetrock was installed. Councilman AmstruP asked Mr. church how long the changes were in process. He stated the unita were sold in May-and have just been tinalized as to layouts to the buyers. Councilman llmstrup suggested COMMUNICATIONS , there would appear to hEve been ample time to consult with the buildinginspector. Mr. Church responded there was an internal probLem due toa time lag betvreen their sales organization and construction department. Councilman Amstrup read from the minutes of the City Council meetingof February 5, 1973, as follows: rrThe City Attorney advised that ifthe building permit is granted on specific plans, the building must be constructed in accordance with such p).ans; Iawfully, the builder can make no alterations or additions to the plans except as approved bythe city. rr Mr. Church reported that area has not been increased, thatthe only change is in a stain ay within the units not in structuralparts of the building, nor have there been significant architecturalor structural changes in the particular units. (Councilman ilmstrup mentioned that the developer violated the contract in removing a red- wood tree from the site that was to have been preserved. ) Councilman Mangini referred to the sentence in Pacific llesternrs letterof August 15, 1974, "However, we do have one less bedroom count thanpreviously permitted. " He asked Mr. Church to conment. The latter stated that the original design contemplated 88 bedrooms, there are now 87. Councilman Mangini asked about the landscaping plan.Mr. Church stated that in a meeting with the Director of Public Works approximately three rreeks ago it was agreed that landscaping would be completed prior to occupancy but that he was not certain the finalplan had been delivered to the Park Director. Councilman Mangini mentioned that staff has found it necessary to bring problems involvingthree ongoing developments to the City Council rrithin the past tt o r,reekE. He asked if the Council might consider procedural guidelinesto staff whereby discretionary decisions could be made at that leve1 when 1ot lines, structure, density, parking, etc., are not affected by plan modifications. Councilman Cusick referred to the overlays on sheets A5A and A6A nquired if there rrere rooms in the area originally shown ascase. Mr. church reported there are closets that can be usedtorage, or perhaps a hobby room. Councilman Cusick stated thatcale indicates an area of about 10 feet by 12 feet, adeguate for a bedroom. Mr. Church explained there is neither natural light Dorair and that health codes lrould prohibit sleeping room use. Councilman Cusick asked if parking requirements will be affected by reason of the rooms that can be used as bedrooms. .) r).)") and istairfor sthe s The City Attorney commented iroom. Holrever, if the plansthat is as far as the city ca s possible to use any room as a bed-el rooms for the purpose intended, o. ri labng Mr. church stated that if the Council elected to consider storage rooms "bedrooms " there would remain 2-L/2 spaces in excess of reguiredparking for the building. Councilman Anstrup stated the issue is not one of better procedure, the clty has its procedures. Developers must be made to understand that the City Council expects compliance with rules and that offenders will be dealt rrith severely. Councilman Cusick felt that utter contempt had been shown the CltyCouncil. The pLan for this project lras not approved hurriedly, the Council spent many hours with the developer and finally authorized thebuilding permit for a certain set of plans. She stated that the CounciL took a firm stand on the plans and Ehould be egually firm norr. It was ltayor Crosbyrs position that redesigning unite from horizontalto vertical did not represent a major change. Hordever, the developererred in making changes before consulting lrith the city. Councilman Mangini commented there is no question that the Council has been treated shabbily. He suggested a fining system for deviation from accepted plans, stated it would be very difflcult for him to say "tear it out and start over again," and asked the City Attorney for counsel on alternatives. 2;i1 To set the matter in context, the City Attorney reviewed proceedings before the City Council, which extended over three meetings, on the application for special permit to exceed height limitations imposed by the Council. The special permit was granted uPon conditions including a specific design plan consisting of six sheets identified by number. The conditions were reduced to writing in an express agreement. The agreenrent has been breached. Ihe City Attorney stated no one nho obtains a building permit can deviate from the approved plan on file in the office of the building inspector with- out permisEion of the city, lrhether it comes from the building inspector or elsewhere. No one engaged in business of developing land, constructing buildings, should be perrnitted to come before the City Council and state that a sale was made and we agsumed the changes would be all right. People who build buildings and do not adhere to the plans for whj.ch the building permit was issued are in violation of the Uniform Building Code. The City Attorney stated that the city Council can grant relief or not as it sees fit. The applicants brought this upon themsefves. Further from the City Attorney: At the time the application was heard and the special permit issued, the City Council was concerned with height, density, parking. This is one reason why the design sheets were incorporated into the agreement. The City Council finds now that modifications performed by the developer were interior only, the site p1.an is not changed, nor are exterior dimensions, building height, dCnsity, assuming there still remains 44 units as agreed. Having regard for the number of people, nurnber of automobiles,traffic, etc., it should not make any great difference lrhether a bedroom is upstairs over a living room or alongside. There is rePre- sentation of one bedroom less and no additional parking sPaces required. It is not unusual as buildingE Progress and prospective puichasers appear to find it would be advisable frorn the builder'E point of vierd to make modifications. The county recorderrs office advises that modifications are frequently made with resPect to condo- minium maps. No revised map comes into that office for recording without the cityrs prior approval . It was the City Attorney's conclusion that the modifications in the units will not affect structure, neighborhood, density, etc., that it would be difficult to determine t hat staff procedures can be developed when there is a contract which is breached, an approved building plan on file with the building insPector and then departed from. The fault is not with procedure but with aPPlicants who aPPear before the City Council, the Council performs in good faith, the applicants violate that faith. Thomas w. sine, member of the Planning Commlssion, stated that condo- miniums are sonething new in the construction picture, and when they come up for sale many people request changes in interior fixtures so that their dwelling will not be exactly the same as the neighborsr. consequently, people will buy with the understanding that certain partiaions wifl ue changed, a door removed, etc. He stated he has Leen called in several hundred times in the courEe of his business to arrive at a cost for prospective buyers lrhere such changes are contem-plated. This is nothing unusual. However, a sketch of the floor plan lhen revised should be iurned over to the building department. This cleatrs the air for everyone. RECONVENE:toEer at Sollowing a rece5s at 9:00 P.M., the meeting lras called 9:10 P.M. PARK PI.AZA TOIIERS (CONt. ) Mayor crosby announced that the Council recognizes the.possibility of a deadtock if the matter erere voted on tonight. In fairness to everyone, it is the Council's decision to continue to the meeting on September 3, L974, when a full Council is expected. 2.WATER MAIN REPLACEMENT AND IMPROVEMENT PROJECT 3. PETITION - STOP SIGNS tINDEN,/LARKSPUR, LINDEN,/},{O RRELL INTERSECTIONS A memorandum dated August L5, L974, from the Assistant City Engineer to the City Manager reported that Plans and specifications are ready for the neit phaie of Ltris project. An addendum to the cornmunication from the City Manager stated it is proposed to advertise for bids for the council'i consideration. There were no objections from the Council. Mayor Crosby asked that Council be furnished detail as to locations of planned improvements. Acting Chief of Police C1ark, responding to Mayor Crosby, stated that the last traffic count, June 19, 1974, showed 68 vehicles during a 24-hour period north and southbound through the intersection of Linden and Morrell . warrants for a stop sign require 50 cars Per hour through an intersection as a guideline. As to vehicle count asPect, Linden/ Morrell intersection would not qualify. In response to Councilman AmstruP, ur. C1ark confirmed this inter- section would be used by children walking toward carolan on their way to school. Councilman Mangini agked about yield signs. Mr. clark stated that Sergeant O'Brien recommended this be given consideration, and that he (Ctark) agreed. He reported two obstructions, a hedge over legal height and a bush, that tend to cut down visibility through the inter- section . Mayor Crosby asked Mr. Clark to comment on residents' charges that the traffic counter device was moved, resulting in an inaccurate count. Mr. Clark stated he was not an are of that, but the traffic count was so far below criteria it would be unimportant if haLf the cars were missed. He advised that statisticg over a two-yearperiod, L973-74, reveal 22 accidents, indicating situations of exces- sive speed. A speed survey will require a great deal of time dedi- cated to that intersection, to be fair, eight to ten hours in each direction, but it wouLd be t orth the effort. Councilman Cusick stated it'.tppears that none of the intersections in this area bave defined crosswalks. To give some Protection to children going to and from school , she asked that crosslra1ks be Painted at Linden,/Morrell and Linden,/t arkspur as quickly as possible. John Calr,rell ,1635 Morrell Avenue, stated he has called the Police DePart- ment on four or five occasions betlreen l0:00 P.M. and 1:00 A.tl. because of Eotorists "burnLng rubber." In response to an inquiry from Mayor Crosby, Mr. Ca1wel1 stated he thought a stop sign would heLP to curtail noise and speed. carl caither, 900 Linden Avenue, explained that traffic volume has increased through thi Larkspur and llorrell days of fewer cars, i people feel that yiel sa aretsds rea since the large apartment complex was built. used as thoroughfares. While there are some eems that one-third are going too fast. The iqns would not deter rate of travel, but that 22\it The petition with three and one-half sheets of signatures and a diagram attached recited as follows : t'we the undersigned of this Petltion feel that it is a vital neces- sity to post STOP signs at the intersections of LINDEN and LARKSPUR and LINDEN and'-!i6nRELl, as indicated by diagran. It is the Burlingame Police DePartmentrs contention that the8e intersections do not have enough traffic to lrarrant SToP signs. we are nots that concerned about the arnount of traffic but lrith the SPEED with which these cari 90 through these intersections. Not only ii6EF- this fast traffic endanger other motorists, but it is also a grave danqer to our chi ldren t ---because of this threat to lives, we want sToi signs at Ene-Fittersections. " 2;j ri four-way stops ab.i tinden,/l,arkspur would help a great deal. Also, they recognize it may be difficult to place yield or stop signs at Linden,/Morrell because of the zLgzag. Mr. Gaither commented there are always speeders on l,lorreI1. Mayor Crosby announced that staff will be directed to paint crosswalks at the two intersections (Linden,/Larkspur r Linden,/tnlorrell) , and a speed survey made with report and recommendation back to the Council. 4 STATE OFFICE OF PLANNING AND RESEARCH {OPR)RE: GENERAL PI,AN GUIDELINES A communication from the above agency asked for comments on General PIan Guidelines adopted in September, 1973, by the California Council on Intergovernmental Relations (CIR), comments to be compiled by OPR for consideration by CIR at a meeting on September 26, L974. The City Planner informed the Council that he sent a personal Letter responding from an individual point of view, not from the city. He reported that OPR sent the reguest for comment to all legislative bodies. 5 Acknowledgrment was made of a communication from the City Clerk advising that the terms of Library Board Trustees Mrs. Edith Cohendet and Mrs. Genevieve M. PheLan have expired. In an addendum to the communi- cation, the City Manager stated that the trus Ees are subject to reappointment ii the City Council so desires, and they are willing to serve. The reappointments lrere confirmed by lrtayor Crosby with Council approval. 6. POSSIBLE ACQU ISITIOT.I OF OPEN SPACE A communication from the City llanager dated August 15, L974, advised that the State of California intends to dispose of:-as excess land a 3.3 acre parceJ. located in the county with access to Skyline Boule- vard. A sile sketch accompanied the communication. The City l'lanager's recommendation that purchase price be investigated, then a closer look made at desirability of acquiring the property, tdas accepted by the City Council. 7. ATTORNEY APPLICANTS In response to the City Managerfs memorandum of August 15, L974, the City Council agreed to meet at 7:00 P.l{. on August 27 to interview applicants prior to the study meeting scheduled for that date. 8. BE.AUTIFICAT ION COMI,IISSION RECOMI,IENDATIONS Under date of August 13, L974, the City Manager transmitted communica- tions from Dale ierkins, Chairman, Beautification Commission, offering the conunission's reconunendations on l. Motif for Burlingame and 2. Regulation of Parking in Front Setback Area. Item 1 was referred to the City Council study meeting for consideration, Item 2 to the Planning Department for study and report. 9. CHANGES IN CONSTRUCTION PI.ANS,!{EDICAt BUILDING,1828 EL CAMINO In a communication dated August 15, L974 to the City Manager, the-- City planner stated that pr5ject plans accepted.by the City Council wheir it adopted E.I.R. tZ-s have been changed without knowledge and coneent of the Council--leaseable office sPace is under construc- tion at a Location previously indicated for parking: Attached to the planner's memo was a communication from the project architect, Edward H. de WoIf, itemizing physical changes to the job since th9 plans were approved by the Uuifaing department, and a sketch showing relocation of two parking sPaces. In an addendum to the Planner's communicationr the City Manager stated LIBRARY BOARD APPOINTMENTS .):7)) that changes made in the project appear to be minor; but if changes are to be made, ovrners should be warned to be aware to inform the city beforehand so evaLuation can be made. Mayor crosby recognized Mr. de WoLf. He stated the changes were initituted for thiee reasons! fire and safety, Prevention-of. crime, traffic. He referred to the sketch shot/'ing enlargement or tne area ;;;;;1y occupied by two Parking sPaces, which were relocated across it" .isi*""r, and "i"ita trrat tfre lrimary Ieg99n for this PartLcular aiea is safeiy, Providing a guard lhe Possibility of near total surveillance 6f lff areai of-the property through closed circuit TV. i. r"ia that in 35 years of dlesi.gning . lui taings he was. not aware there ;;"-;-;d;ii.^."t tir gre citv of Burrilsame, or anv other citv for init ^.t€.r, to bring ctrange'oraers bef6re the city,. -In this situation, it was felt that the-chan96s were improvements which did not affect piril"g. There were 167 6paces when- the project started and there are still 157. The City Planner stated there is adequate Parking, -but they created the "".a-ioi more parking by atltling considerably more f}oor area' InresponsetoMayorCrosby,theChief,ButlclinglnsPectorrePorted'asfar as he was "or,c"tt"a. tiris area is carl Snyder's personal office' andthathehas"'"dt"gonittostoPfurtherworkuntiltheCity councLl makes a decision. Council,man l{angini stated this appears to be a simllar case to the one Dresented earlier. i.-""gg.tt"a- it migfrt be Prudent to hold thls off iii-.-'i"ir-a;il;ii to get-i definitive-pernit. He reiterated comments nade earlier that stafi be directed to tell builders changes cannot be made in agreed-to Plans without aPProval of the city' Fo1lowing a brief period of Council coDment, Mayor crosby announced a continuaice to the meeting of septernber 3 when a full council is expected . RESOLUTIONS 1. PROPOSED UNDERGROUND UTILITIES DISTRICT OLD BAYSHORE HIGHWAY - BURLWAY ROAD SOUTH 2. RESOLUTION NO. 48-74 Salary Rates o f Emp 1o counciLman cueick pointed out that the district includes both sides of i"iirii n".a. srre-oUiecied to tni" money belng allocated.to dead-end roads-rrhen it could b6 used on other toori impoitant streets in the city' ThecityAttorneystatedthatinaletterdatedJunel'L974'from;.c.-;-i. to the- city -i"gi"".r delineating the area to be. undergrounded It"".-p"itions of e"irriy Road were- included. He Etated it !,ras his recollection tne fetlEi-iia g" to the City Council and, aPParently, it is contemplated by it.-."gi"6.ring department that Burlway be included. The city Manager stated it was his impression that the city was concentiating only on main thoroughfaies. His reconnendation that ."iion be poitponld and the subje-t pursued at a study meeting was concurred ln bY the CitY Council . "Amending Resolution No. 26-74 of June 3, 1974: yees" (Fo1ice Dispatcher-Clerk) was intro- ir, -rt" moved its aioption, second by Council- y approved on ro11 call of member s present'duced by Councilman Amstru man Mangini and unanimouEl 3. ad REsoLUTIoNNo.4g-T4,,AuthorizingExecutionofJointPowersffiing The crimi;al Justice council of san llateo ;;";at; rras introduce6 ly councilman -AmstruP, t'ho-moved. its option, -iecond by c""""ii^ii, Mangini and carrild on following roll call: elas:'coutlcrr.,MEN: llmstruP-crosby-Mangini NOES: COUNCILIiiEN: None ABSENT COUNCIIfiAN: Harrison ABSTAIN COUNCIL!,IAN 3 CusfcX (poor copy of agreement, unable to read) 23u ORDINANCES t. ORDINANCE NO. 1016 "An Amendment To Contract Between The Board Of Administration Publ ic EmpJ.oyeesr Retirement System And The City council of The city Of Burlingame" (retiree benefit) was introduced for first reading by Councilman AmstruP. 2. oRDINANCE No. 1017 "Amending Section 13.08.040 (d) (Green curb introduced forUtikfnfs) 6:E-flre BurI i ngame Municipal Code" wasfirst reading by Councilman Mangini. UNFINISHED BUSINESS I. RESoLUTIoN NO. 50-74 "Approving rnParcel Map, Being A subd 1Vl,S10nLot 2, Block 50, As shorrn On MaP BurJ.ingame No. 4" Recorded In Booofficial Records of San Mateo cou duced by Councilman Amstup, tho moved councilman Mangini and declared carrie AYES: COUNCILT,EN. AmEtrup-Crosby-Mangini NOES 3 COUNCILMEN: NONE ABSENT COUNCILMAN: Harrison ABSTAIN COUNCILIIAN : Cusick communicationE: inal Parcel Map Entitled Of Lots 3,4 And A Portion ofof Easton Addition Tok 4 of Maps At Paqe 57 of nty, California" was intro-its adoption, second by d on the following ro11 call: 1. Progreas report, August L4, L974, from t'lrs. Donald M. Teixeira, Acting Program Chairman, Burlingame civic Arts Council. 2. Jaak R. chappell, District superintendent, Burlingame school District, suggesting that city Council consider elimination of parking on one side of each street bounding Coolidge.School to meet residents' complaints. (Letter of August 8, 1974) 3. Health, safety & Traffic Commission, August L4, L974 connents on traffic element, Anza Pacific Master PIan. 4. Peninsula Humane Society, August L2, L974, submitting formula spelling out measures neceslary to assure effective animal control .- Councilman llmstruP advised that the Peninsul'a Humane society is attempting to implernent a standard 1a!, for all cities in the county. -tte itated that the subject was discussed at the last council of Mayors meeting but action vras held over for further study .It was the consenaus of the City Council that [tayor crosby support animal control legislation if presented at the next Council of Mayors meeting. 5. Reports of monthly activities, Police and Flre DePartments '6. Minutes: Beautification Cornmission, August 1 Health, safety & Traffic Cormission, August 8, 1974. APPROVALS WARRANTS Nos. 5752 through 7047, $408,408.74, duly audited, were Approved' for payment on motion of Councilman Cugick, second by Council- man Amstrup and unanimously carried. PAYROIJL Ju1y, 19?4, Checks Nos. 2255 through 2994, $286,720.28 approt ed on notion of councilman Cusick, second by Councilman AmstruP and unanimously carried. ADJOURNIi1ENT: Meeting regularly adjourned at I0:45 P.!{. Respectfully submitted : Her APPROVEO: ,L WiII amJ crosby Mayor t t€,ty er ACKNOWLEDGIIENTS