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