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HomeMy WebLinkAboutMin - CC - 1974.07.01207 CALL TO ORDER A regular meeting the above date at MINUTES TIle minutes of the meeting lIll€[1D€I S , Were aPPrOVed and Burlingame, California JuIy l- , 197 4 of the Burlingame city Council was ca11ed to order B:05 p.m., Mayor William J. Crosby presiding. of June l-7, 1974, previously submitted to adopted . on PLEDGE oF ALTEGIANCE To THE FLAG: Lecl by Gerald A. Nordstrom, Chief of Po1 l-ce. ROLL CALL Present: Absent : Councilmen: Amstrup-Crosby-Cusick-Harrj-son-Mangini Councilmen: None I IiEARING TITANSWESTERN BUILDERS, INC., RE 735 EL CAMINO REAL (Returned COLONIAL TWELVE DEVELOPMENT ,to Plhnning Commiss ion ) I,layor Crosby announce<1 that the hearing scheduled for this date on the apleat of Tianswestern Builders, Inc., from Planning Commission dis- approval of variance and tentative subdivision map for the above pioject wilL be removed from the agenda at the request of the appJ-i- "anf i., a conmunication dated June 26, 1974. In part, the communica- tion stated "The reason for the request is to remove objections to the proposecl development by seeking another approach to the use of the property. " Upon recognition by the Chair, Mr. Philip Karp, the applicant's repre- sentative, askerl permission to return to the Planning Commission for additional study. There was no objection from the City Attorney nor frorn inclividual members of the Council. The request was granted. COM}1U[JICAT IONS I. LAI.IDSCAPING RECREATION BUILDING ADDITIONS Under date of June 27, L974, the Director of Public Works and the Director of Parks advised that bids for the above Project were opened on Wed.nesday, June 26, 1974, aL 2:00 p.m., that of the two bids received, the lowest was approximately 908 higher than architect's estimate, and that the two bidders indicated they \,rere very busy. (A copy of the bid summary and a letter conunenting on the bids from oavid- ltayes, project architect, vrere attached to the communication. ) It was staff's recornmendation that the bids be rejected and that the project be readvertised in approximately two months in the hope that ihere nay be more activity then in the bidding process. In an addendum to the communication, the City Manager concurred in the recom- mendation . 2. ANNUAL SIDEWALK REPAIR PROGRAM ACCEPTED Councifman Amstrup suggested consideration to force account in lieu of contract with an outside firm. At his request, the City Manager is to confer with the Director of Parks and have information for the Counci-l's review at the study meeting j-n August. iiESoLUTIoN No. 29-74 "Rejecting Bids Recreation Building Additions fficaping'.wasintroducedbyCounci1manManginiwho moved its adoption, second by Councilman Amstrup and unanimously carried on roll call. In a communication dated June 27, L974, the Director of Public works 20u reported that Andero Construction Incorporated has satisfactorily completed its contract for sidewalk repairs. His recommendation that the work be accepted was concurred in by the City Manager in an addendum to lhe communication dated June 28,1974. RESOL.,UTION NO. 30-74 "Accepting Sidewalk Repair Program - 1973-L974, Job No. 73-15'was ln troduced by Councilman Amstrup who moved its adoption, second by Councilman Mangini and unanimously carried on ro11 call . 3. TWO-HOUR PARKING RECOMMENDED PORTION OF BAYSWATER AVENUE Uncler date of June 28, !974, the City Manager forwarded a recommen- dation from the Parking Commission that the south side of Bayswater Avenue between Anita Road and the Southern Pacific Company tracks be designated a two-hour zone. In its letter, the Parking Commission explained that an appeal was heard from Mr. CarI S. Windh, Secretary- Treasurer of Putnam Dodge, Inc., for consicleration to the limitation to accommodate cusk)mers visiting the plant at 925 Bayswater Avenue. The City Manager recommende<1 that the two-hour restriction be imposed between B:00 A.M. and 6:00 P.l,f ., Sundays and holidays excepted. Councilman Cusick asked if Putnam is open for busj"ness on Sunday. If so, perhaps the exception shoufd be deLeted. The Citv Manager was requested to investigate and to inform the City Attorney who wi1l prepare the ordinance for the Councilrs consideration. RESOLUT IONS 1. FLORIBUNDA VILLAS The City Engineer reported that the tentative map for this condominiumproject was approved by the Planning Commission approximately one year ago, and the final map unanimously approved at the Commission's meeting on June 24, L974. The City Engineer stated that the map meets -1all requirements of the Subdivision Code and the Subdivision Map Act. RESOLUTION NO. 31-7 4 was introduced by Coun by Councilman Amstrup "Approving Einal Map Entitled "Floribunda Vi1las" cilman Harrison who moved its adoption, second and unanimously carried on ro11 call. - San Mateo County Transit Development Project, Park : ORD I NANCE S 1. ORDINANCE No. 1011 "Amending The Municipal Code By Adding Sub- paragiEp-h {s) 'ro SectIon 13.36 .010 Prohibiting Parking on The westerly Side of cortez Avenue Between Hillside Drive And Easton Drive" was given its second reading. On motion of Council-man Cusick, second by Councilman Harrison, said ordinance passed its second reading and was unanimously adopted upon ro11 ca1l. 2. ORDINANCE No. I0l2 "Deleting Subparagraph 23 (Two Hour Parking On f'rom Section for first'rhe Festerly SIde O-California Drive And Trousdale Dr ive ) 13.36.040A Of The Burlingame Municipal Code" was introduced reading by Councilman Harrison. In response to an inquiry from Councilman Amstrup concerning background Or the ordinance, the City Manager and City Attorney reported it was prepared at the request of the Police Department because of a conflict in the language of the code. one section provides for t\,ro hour parking, another, four hour. The street is posted four hour. The ordinance will delete the section in conflict. CITY i'1ANAGER REPORTS 1 Draft Final- Report.Airport t,o Menlo Under date of June 28, L974, the City Manager for\rarded excerpts thj.s document and a copy of cover letter, June 26, 1974, from S.H. Cantwell, Jr., Project Director, requesting conments by July The City Manager, in his communication, advised that the full, volumnious report is available for examination. from 25. 209 Councilman Amstrup urged immediate response to Mr. Cantwell on the issue of the traniit -ar yard proposed to be located in Burlingame's inclustrial area between North Carolan Avenue and Southern Pacific Company main Iine, despite persistent opposition from the City Council and citizen groups over the past three years. Airport property had been recommended as a suitable alternative site, but it appears that all of this input had liLtle effect on the study team. Councilmen Mangini and Cusick joined in criticizing the report. Reference was made to the massive parkingr structures and their potential impact. Councilman Cusick suggested that staff evaluate plans for the Burlingame Avenue station. Is it the intent to close or not close California Drive? Apparent,ly it is the int,ent to close Burlingame Avenue between Calitornii Orive and Lorton. What wiII this do to circulation patterns? What. of the economic impact on the city from the transit yard in the industrial area and closing of parts of the downtown commercial area? Mayor Crosby directed the City Manager to inform Mr. Cantwe1l of the Council's position. 2. Cessation of Dump Operation: Under date of June 27, L974, the City Manager forwarded excerpts from the contract between the eity and the San Mateo County Scavenger Company relative to termination of the existing operation and chaqge over to a transfer st,ation at a site either clesignated or acquired by the city to be leased to the company. The Council agreed that the subject should be pursued informally with lJIr. Louis J. Devincenzi, Secretary, San Mateo County Scavenger Company. The City Manager was requested to invite him to the August study meeting. Por the benefit of the audience, Councilman Harrison explained there is a clause in the contract requiring notice by the city to the operator 30 months prior to the date that the operation shall cease. AUGUST STUDY MEETING: Because of vacations, it was decided to schedule precise date to be determined at thethe meeting late in the month, regular meeting on July 15. City of San l4ateo Proposal for Road Improvements: Peninsula Avenue, Bayshore Freeway The map forwarded by the City Manager under date of June 26, 1974, was referred to the August study meeting. UNFINISHED BUSINESS 1. Conflict of Interest and Disclosure Act: At Councilman Mangini's request, the City Attorney discussed the status of this legislation, explaining that on June 17, L974, the California Supreme Court sustained the Act in its decision in the Nevada County case. League of California Cities Legislative Bulletin, June 2L,L974, stated that all officials required to file the disclosure statement must clo so during the month of September, 1974. The City Attorney reporte<l that forms supplied earlier in the year by the League can be used and are to be filed with the County Clerk. He mentioned that a copy of the clecision will probably be forthcoming in two to three weeks. 2. Cap uchino Avenue Parking Lot: (rrR" Adjacent to Post Office) Councilman Mangini referred to an item in the Beautification Commission minutes of June 6, L974, indicating that work is proceeding. He reporte<l there is no physical evidence.of progress. During a period of discussion, it was established that the improvement plans were never formally approved, nor the project authorized by the City Council. The City l4anager was requested to place this item on the agenda of the next regular or study meeting, depending upon availability of firm p1ans. 3 \ 21tJ 3. Dissolution of San Mateo County Harbor District: Councilman Cusick expressed the hope that the City Councila letter to the Board of Supervisors urging its support Agency Formation District (LAFCO) decision to dissolve the will authorizeof the Local Harbor District. Councilman Mangini reported that he, as the Council's representative, and the City Attorney attended the meeting on Monday, June 24, and joined with the City of San Bruno in favor of dissolution. Councilman Manginistated that one of the recommendations from San Bruno was that funds acquired by the District not be returned to the contributory agenciesbut held for completion of improvements in progress at Pillar Poj-ntHarbor. This recommendation was accepted by LAFCO with the resultthat disposition of funds will be within the purview of the Board of Supervisors if that body upholds LAFCO's decision. Councilman Cusick asked if the tax levied to support the District will cease upon dissolut,ion. The City Attorney responded that the question was raised by a member of LAFCO. The Deputy District Attorney answered it was likeIy the power of the tax would disappear with dissolution of the District.Later, he reported that new legislat,ion would permit the tax to continue where functions of the District were assumed by a local agency. At Councilman Cusickb request, Lhe City Attorney is to research thispoint and furnish additional details. 3. Rhinette and California Drive Lot: Councilman Cusick asked the unimproved property lots.City Mana-ger ao-inquite- a6ou[ markef value of this as a possible addition to the Broadway area parking 4. Iqspection Warrants: Councilman Cusick asked 1562 Cypress Avenue. about properties at 1600 Broadway and The City Attorney reported that the building department has furnished some information on 1600 Broadway which forms a basis for further inquiry. Additionally, names of neighbors who have been complaining are available. It will be necessary to speak to thern. Councilmen Amstrup and Mangini referred to correspondence frcrnthe Chief Building Inspector regarding the property and pictures on file. The City Attorney explained that pictures and statements of neighbors all will be supportive of an affidavit to the court that the city is seeking the inspection warrant. I{e reported there has been no informat,ion concerning 1562 Cypress. 5. Easton Branch Library: Councilman Amstrup referred to a recent press article concerning improvements at the branch library at a cost of approximately $L2,000.00exclusive of a new roof. He asked whether the roof should l:e replaced and, if so, will it be part of the total renovation. Following comments from the City l,lanager and the Works, the Council agreed to include the roof as bid proposal, which the Director of Public Irlorks advertised on Friday, JuIy 5. Director of Public an alternate in the indlcated would be 6. Broadway,/Southern Pacif ic Railway Grade Separation: Councilman Harrison referred to discussion at the last study meeting concerning the potential for this improvement, and it was suggested that a proposal made several years ago might be reviewed. Council- man Harrison reported he discussed this with the City Engineer after the study meeting to determine procedure for meeting State deadlines for prlorities. 2ll The City Engineer informed the Council that each year the Public Utilities Commission (PUC) publishes a priority list about July 1. To be placed on this list, the city must submit its request by the previous December. The City of Burlingame has not submitted a request for the last year or two. Staff of PUC has submitted for the city, and Broadway,/Southern Pacific separation has been the priority. If the Council wishes to submit, this year, it must be done by December I. Councilman Harrison recommended, in lieu of considering prior plans, that further discussion be delayed until after the budget is approved and the new traffic consultant hired. With the assistance of this ernployee, the engineering department could prepare another study or design for depression of the tracks. The City Engineer stated that information just received from the State shows Burlingame dropped. to 49 on the priority list, which is the lowest position since the Broadway project was submitted. He expressed the opinion this is due to lack of a definitive plan. A reasonably high priority probably could be achieved with such plan. NEW BUSINESS I Application of Open Space Classification To Unclassified Lands: Councilman Harrison asked for Council the open space element of the general San Mateo Union High School District, Carolan and Burlingame Avenues "Openof the same zoning classification for privately owned. reaction to implementation of plan by declaring Lands of the generally bounded by Oak Grove, Space," and also to consideration all properties in the city not appears to be reason for concern if the present use should cease to The City Attorney reported there are limitations,if not absolute pro- hibitions, in the right of a municipality with respect to zoning property of other government entities. The School District is subject to municipal zoning but its Board, nevertheless, could have the right to vet,o if it proposed to use the premises for classroom purposes. I{e recommended that the subject be referred to staff, not only to see what should be done, but what may be done, and in the best manner. Staff would report directly to the City Council but the Council may not take a final action in a zoning matter without referral to the Planning Commission. Councilman Harrison with respect to theexist. suggested there school property Councilman Amstrup reported he has asked staff to research and advise the Council on the best approach from the cityrs standpoint. He suggested that open space may not be the solution and recalled there was an inclination on the part of the Council in prior discussions toward park use. Mr. R.D. Martin, 1504 Alturas Drive, former Burlingame councilman, recommended Lhat the land remain unclassified for the reason that any unclassified land coming into the city under present zoning laws becomes R-1 irnmdAiately. It is possible that reclassification to open space could be challenged. Furthermore, it would appear that R-l land would be the ideal solution for the city, Mayor Crosby requested the City ivlanager and City Attorney to pursue the subject and to report to Council, taking into consideration Mr. Martin's comments. 2 Park and Recreat,ion Grants Bond Act: Proposition 1, State Park & Recreation Councilman Cusick called attention to item 2 in the League Cities Bulletin, June 2L, 1974, wherein JuIy 15, L974, was as the cleadline for approval of applications for funds for 1974-75, and September 15 deadline for FY L975-76. of California announcedfiscal year 212 BU IITGAME CIVIC ARTS COUNCIL A letter dated July L, L974, from Marjorie Taylor, Chairman, Pro-Tem, report,ed on progress to date in establishing a non-profit corporation with the assistance of I1r. IIugh Conno1ly, Attorney, Mr. Thomas Sine, and others. The letter asked for wrj-tten guidelines from the City Council on budget, availability of funds for summer programs and housing at Coolidge School. The City Manager informed the Council that arrangements were made for obligations of the Art Council summer program to be processed through the self-supporting activities category (M-40) of the Recreation Departrnent budget. With respect to facilities at Coolidge School, Mrs. Taylor stated that the room formerly asigned is now being used for a jewelry class and storage of expensive equipment used in connection with the cIass. The groupts furniture and equipment were removed to a small storage area, and it appears that the room will no longer be available. The City Manager explained there are space problems. The room cannot remain empty, it must be used. When the Arts Council intends to meet, or has scheduled programs, suitable arrangements probably can be made. Councilman Cusick asked if a room can be assigned for the faII term. These people are doing a service, and it is unfair that they be shunted from one place to another. Apparently it has to be understood that t,here is a room for their exclusive use. Councilman Mangini agreecl, commenting that, by definition and direction, the Arts Council has a room. It was his understanding that the Recreation Department could use it but not install equipment. In response to Mayor Crosby, Mrs. Taylor agreed that any of the rooms would be suitable during the summer. Mayor Crosby asked the City i'Ianager to pursue this, to f ind space where their equipment will not be disturbed. Mrs. Taylor asked if funds wilt be allocated for a director when non-profit corporation status is attained. The City At,torney stated that questions relating to financial structure cannot be answered at this t,ime because there is not a budget. He pointed. out that the idea is, when these people have their non-profit orginLzational status, the City of Burlingame and the non-profit corporation will enter into a contract. The contract would be that the city would extend to them perhaps some facilities and an amount of mon6y to be paid on some kind of periodic basis, in return for which they would perform certain services for the city which would be item.ized. It would be hoped that these itemized services would be prepared by them and submitted to the City Council for approval prior to writing them into the contract. In that wdy, the city is giving facilities and money in consideration of services the group is performing for the city. Until there is a contract, everyone in the city, including these people, is operating in limbo and <lefinite and precise statements cannot be made to them. The City Attorney discussed procedures under which the Chamber of Commerce contract is performed. On a quarterly basis, the Chamber -(submit,s its proposal for services to be performed. The City Council ippr"""" thi;. At the end of the quartei, the Chamber sul:,mits its t rlport of services performed. The City Attorney suggested this would appear to be the framework of a contract to be drawn with the Arts Council people. The City Attorney reminded the City Council of the taxpayers' dollar, that there must be spent, and what those services are to be is City Council. that it cannot make a gift services for the moneY the responsibility of the 21 :i INTERNATIONAL CONVENTION, U.S./MEXICO SISTER CITY ASSOCIATION Councilman Mangini's recommendation that an expenditure be authorized in the amount of $500.00 for Mayor Crosby's attendance at this convention, and $300.00 to Mr. A.I1. Garci-a, Chairman, Burlingame Sister City Committee, for the same purpose, was accepted by the City Council. ACKNOWLEDGMENTS Communicationsl1. Robert W. Gates Store, June 22, a permanent "one hour" free parking area. 1974, urging consideration to program in the downtown shopping 2. t{arie F. Jones, owner of hopefully, improvements can this year. 1824 Barroilhet Avenue, reporting that, be made in the appearance of the property 3. Department of Transportation, signed by Eugene J. Rizzardo, Right of Way Agent, June 19, L974, concerning availability of property at 1007 Rollins Road. Councilman Harrison reported that the lease held by the State on property it uses facing Carolan Avenue will expire this year. Cfrief of Police Nordstrom stated he had made i-nquiries about this site. LB ,L97 4 ,4. Don Fisher from Easter Seal Workshop, 854 Stanton Road, expression of appreciation for Burlingame Transit Route rrBrr June Heritage Tree meeting. actions meeting of 5. CiLy of Auburn Resolution urging the League of California Cities concerted effort toward passage of legislation to prevent unnecessary delay of approved public works projects. 6. City Planner memo, June 27, L974, regarding TDA funds for Burlingame to continue operation of Burlingame Transit during FY L974-L975 and to plan shoreline pathways for exclusive use by pedestrians and bicycles. 7 . Minutes: Beautification Commission, June 6, IIeaIth, Safety & Traffic, June 13, Park & Recreation Commission, June 11, L974. Councilman Cusick requested that the subject of the ordinance be placed on the agenda of the next study Report from City Planner: Planning Commission June 24, L974. ADJOURNMENT The meeting was regularly adjourned at 9:35 p.m. Respectfully submitted, /04., fuNrc-,'Q,-b =-effi&t r-.- fttrite, City clerk APPROVED: William J. Crosby, Mayor