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HomeMy WebLinkAboutMin - CC - 1971.04.1946 Burlingame, Cali fornia April 19, 1971. CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date. llhe meeting was called to order at 8r1O p.m., l{ayor WiLliam if. Crosby presiding. PLEDGB Or' ALLEGIANCE In response to the Ctrair, the City Planner led the assemblage in the Pledge of Allegiance to the Flag. ROLL CALI" Present Councilmen:Absent Councilmen: ,tms trup-Crosby-Johnson-lrlang ini -!la rti n None !,IINUTES lftre minutes of the preceding meeting of April 5, L97L, submitted to Council previously, hrere approved and adopted. ELECTTON COUNCTL OFPICERS CHAIRMAN-MAYOR Nominations hrere declared open by the Chair for the position of Chair- man of the Council and lilayor of the City. Councilman lt{angini placed the name of councilman lrving s. Amstrup in nomination, seconded by counci}man l{artin. rhere being no further nominations, the nominations were declared closed and a unanimousbalIot cast for Councilman Amstrup as Chairman-t'tayor for the forth- coming year. In relinquishing the Chair, Past-ltayor Crosby extended congrratulationsto Mayor Amstrup. He expressed appreciation to fellop Councilmen and members of staff for their cooperation and dedicated service to theCity and accepted from Mayor Amstrup an engraved plaque marking his terms as Mayor of the city. MAYOR PRO IE!,TPORE Nominations vrere declared open by the Chair for the posS,tion of Chair- man-Uayor Pro Tempore. Councilman l{artin placed the name of Councilman Charlotte Johnson in nomination, seconded by Mayor A-mstrup. 'rJhere being no further nomina-tions, the nominations $rere decLared closed and a unanimous ballot cast for Councilman Johnson as Chairman-Mayor Pro Tempore. I{ayor Amstrup, expressing personal gratification at, the him, introduced the members of his family, Mrs. Kathrynwife; Mr. and l4rs. Ray Flowers, son-in-Iaw and daughter son, Andy, and his mother, Mrs. Elizabeth AfiistruD, whom,the woman wlro taught me to love Burlingame. " honor accorderl Amstrup, his(xristine) ,he described as CounciLman .rohnson thanked Council for the opportunity of once again serving the City as its Mayor Pro Tempore. RECESS fhe Chair declared a recess at 8:15 p.m., for Council to greet its many friends in attendance. BIDS PARKING DISTRICT IOT A.2 Bids for development and construction of an off-street parking lot adjoining the City tibrary, received and opened on rhursday, ApriL L4 at L:30 p.m., in eompliance with published notice, hrere declared as follours: 17 BIDDER Anza Pacific Gray & tewis Wenrick & Associates Bay Area Paving Irotrrie Pavingfisk, Firenze & Mcl€anVenturini, Inc.F.D. Strlerry Aadco ConstructionAsphalt Paving RESOLUTION NO. 22-71 Parking District,, Job rOTAL BID $L2,974.95 13r 065.00 13,929.50 L4, 528.00 14, 964.00 15, 13L.0O 15, 548. 50 15, 582.60 16, 112 .00 L6,31,8.00 Engineerrs Estimate $181238.00 A cqnnrunication from the Director of Public Works, dated April 15, 1971, recommended that the contract be awarded to the lowest, responsible bidder, Anza Pacific Corporation, in the amount of $L2r974.95. In an addendum to the communication dated April 15, L971, the City l{anager concurred in the recommendation. "Awarding Contract, - &rrlingame Avenue Offstreet No. 7L-5rr (Anza Facific Corporation, $L21974.951was introduced for passage upon motion of Councilman Johnson, seconded by Councilman Crosby and unanimously adopted on ro11 call. IIEARING CAR WASH IANDS OF SOUTITERN PACIFIC - DENIED Mayor Arnstrup announced that, this was the time and place scheduled to conduct a public hearing on the appeal of Cable Car Wash, Inc., Napa,California, from the Planning Cornrnission denial of a special use permit for a car wash at the southwest corner of Broadway and Carolan Avenue --property otrrned by Southern Pacific Company. Itayor Amstrup decLared grround rules and thereafter recognized the attorney representing the principals in the application, !{r. Qrrus J. IrlcMillan. Mr. Mcltillan reported that the permit was denied by the Planning com- mission on a split vote, foLlon'ing a public hearing. He stated that thecityrs zoning code designates the lands of Souttrern Paci.fic Company "unclassified;" that the area involved is actually a strip 35 feet inwidth on Broadw?y, paralleling the Southern Pacific Company railroadtracks and Carolan Avenue for a distance of 500 feet southerly of Broad-wayr that the application is legal within the Language of the code,offering an acceptabLe solution for irE>rovement of Land that is limitedas to use. I}1r. Ilct.tillan mentioned aesthetic values that will be derivedby reason of an attractively designed building and landscaping. Mr. McMiLlan reported that the applicant operates simiLar facilities inthe cities of Chico, Davis and Napa and has in his files statements from the City of Napa Planning Department attesting to land use benefitsresult,ing from the improvement in that city. Mr. McMillan displayed a schematic drawing, discussed ingress and egresspatterns and on-site vehicLe movements, location of gasoline pump island and planting areas. He furnished a colored photograph of one of thethree facilities operated by the applicant. Mr. McMillan commented on issues raised bry the City Planner in his memoto the Planning Commission dated March, 197L (copies furnishedCouncil): Precedent Mr. trlctrtillan stated that the Planning Comrnission and the cityCouncil are consistent in their approach to land use proposals, judging each on its meritsi as a consequence, approval of the subject applica-tion will not necessarily create a precedent for use of Southern Pacific Company property at any other location in the city; Grnerrs rights to improve: trtr. McllilLan referred to the Planner's com-lic improvements on Carolan Avenue and 48 Southern Pacific Companyrs exclusion from the assessment dist,rict createdto accomplish the improvements. Mr. McMillan pointed out that he doesnot represent Southern Pacific Company but an individuaL interested inestablishing a legitimate business within the city. Gaqol.ine sales: tlr. t'{cMiLlan reported that an express aglreement was made before the PLanning Commission that the gas pumps will be usedonly for persons taking advantage of the car wash. Mr. McMilLan stated that sign displays will be consistent with therequirements of the sign ordinance.h,n*> -In response to Councilman,94 reference to an escape lane on one side ofthe pump island and his query whether the area could be closed,Mr. Mclt{illan explained that vehicLes with damaged fenders attempting tcrenter the car wash are turned away because of the possibility oi damageto the brushesi nevertheless, the lane can be eliminated if required. Responding to Councilman Mangini, !1r. Ittclrtillan described the trafficPattern for ingress to the site from Carolan Avenue, agreeing thatnorthbound drivers will. be required to make a left turn against traffic.He stated there should be no problems--the applicant has learnec fromexperience that customers during the week are primarily houser,rivesduring off-peak traffic hours. Councilman Crosby commented that dispensing of garoline may create aproblem by causing a back-up of cars. Mr. lrlclr{illan explained there wiLLbe sufficient on-site space for 14 to 16 cars to Line up in the holdinglanes. Mr. George Altamura, a principal in the applicat,ion, stated that thesite is eminently suitable for the purpose, offering sufficient Landto aceommodate the building and simple on-site vehicle movement,s. Hestated that gasoline sales, while secondary to the principal. user areimportant to a successful operation. Mr. tlcMillan informed Council that,, inasmuch as Southern pacifie Company!-failure to contribute to improvement of Carolan Avenue appears to be anissue in the present proposal his client is willing to aisume theresponsibility of the assessment. Mr. Al.tamura, in resPonse to councilman Johnson, confirmed that theoperation in the City of Darris is on a strin of orrthern par.ific land,similar to the subject site; whereas, in Napa, the Location is in theheart of the city closc to an anartment, building. Mr. Altamura read froma letter written by the chief of police of the latter city reportingthere have been no probrems in connection with the operation.- Responding to Councilman Crosby, Mr. lacuillan stated that the owner ofthe large parcel of acreage on the opposite side of Carolan Avenueindicat,ed no objection to the proposal. Mr. Altamurar resPoJlding to Mayor Amstrup and Councilman Crosbythat, the noise erement is minimal and that the wash operation iautomatic. , explaineds fully Mr. Altamura request,ed Council to ignore the implied association withSouthern Pacific Company and to reserve its evaluation to benefits to bederived from improvement of an unattractive, poorLy maintained propertyand from making a service available to the community that, presentLy,is non-existent. Mf,. Altamura ment,ioned further that the city willgain additional tax revenue. In response to the Chair, there were no comments from the audiencefavoring oylrotesting the application. ffie City Planner read his communication to Council dated liarch 24, L97L,subject, "Use of Southern Pacific Iandsr " wherein questions were raisedin connection with use of Southern Pacific railroad right-of-way forother than railroad purposes, the landlordrs restrronsibility to come tothe city with alternate land use proposals, and problems intrerent inthe subject apPlication having to do with gasoline service stationsand applicable rules. 49 Ihe City Planner referred to the final paragraph of the lett,er concerninggasoline sales, reporting there have been three tentat,ive proposalswithin the past month for gasoline pump facilities in connection with car wash establishments in various locations in the city. Ihe City Attorney, responding to Councilman l,lartin, confirmed that when the city was before the PubLic Utility Conunission with respect to Southern Pacific Conpany commuter parking lots, the Company took the trlosition that the property was "operative" property, therefore not subject to jurisdict,ion of the City of Burl,ingame. Referring to the subject proposal, the City Attorney expressed the opinion that SouthernPacific Company, as the onrner, shoul,d appear before the city lrith the proposed tenant, if it now has second thoughts as to the use of the land. - A question raised by Councilman Mart,in concerning equalization of taxes on Lhe proposed improvements initiated a period of discussion during which Mr. McMillan reported that CabLe Car Wbsh pays a possessory interest tax based on the rent value of improvements in the city of Davis. fhe City Engineer introduced the subject of water and sanitary sewerinstallations, explaining that water supply is adequate but there is no sanitary sewer to connect to on Carolan Avenue and to connect tothe closest one at Broadway may prove very costJ.y. l.tr. Altamura stated that wash water wiLl be recycled and described the process in detail. lhe hearing was declared closed. During a period of Counci} conunent, Councilman Mangini indicated noobjection to th6 proposal. Councilman Martin stated that, Southern Pacific Company should appear as a principaL in the appLication, that he was concerned about the matterof precedent and agreed with the City Planner that the proposal is agasoline service station, subject to applicable rules. Councilman Johnson stated she was infLuenced ry the Planning Commissionaction, whieh foL}owed a lengthy hearing, agreed the landowner should be a party to the application and believed the project, per B€r was acceptable, but not in the location. Councilman crosby stated the land resembles a rubbish disposal area and questioned whether some form of improvement can be acconrpJ.ished. Mayor Amstrup concurred that the proposal is a gasoline service station and suggested that additional car movements generated by the facilitywill compound existing t,raffic problems. A mot,ion introduced by councilman Martin to uphold the decision of the Planning Conunission in denying the application was seconded by Councilman Johnson. lllre motion htas declared carried on the follo'ringro}L call: Al'ES: COUNCILMEN: NOES: COUNCILMEN: ABSENT COUNCILIITEN: Ams t rup-ifohn s on-Ma rt in Crosby-Mangini None ACIWOWI.EDGME}IB Mayor Amstrup acknowledged the presence of former Deputy City Clerk, t'lrs. Ellinor Armstrong, aecompanied bv her husband. RECONI'E!$E F'ollor.ring a recess at 9:35 p.m., the Chair reconvened the meeting at, 9t50 p.m. COMMUNICATIONS 1. REQI'EST TOR II{VESTIGATION OT SPERRY COMPANY OPERATION A communication dated llarch 24, L97L, signed by owners of properties on North Carolan Avenue, directed the CounciLrs attention to the F.D.Sperry operation at LA?L CaroLan Avenue, stated that lack of maintenance 50 has resulted in a situation detrimentaL to the city's image and to neighboring owners and their properties, suggested that the occupancy be terminat,ed and the premises cleared of all debris. Councilman Johnson termed the area a "disaster area, " reporting she observed the subject property on an inspeetion tour and also noted otherproperties equall-y in need of attention. Ehe matter vras referred to the meeting of l{ay 3, 1q71; the City Manager l,"rcts requested to invite Mr. Sperry to appear and staff to furnish Council background reports. 2. !'ASH.INGTON PAR{, GRAIIDSTAND RECONSTRUCTION ACCEPTED A letter dated April L4, L97L, from the Director of Public hficrks reportedthat tes Ke1ly, Inc., has satisfactori'ly completed the work of recon-struetion of w.ashington Park Grandstand, in aceordance with the contract document and recommended formal aeceptance of the p to the letter from the City ltanager, dated April 15in the recommendation. ect. An addendum 971, concurred Pr^L RESOTUTION NO. 23-7L ''ACCEPTTNG CONSTRUCTION VIASHINGTOT.II'ENEITOSTAIID REHABILITATION JOB NO. 7L-7, I was introduced for passage upon motionof Council-man Crosby, seconded by Councilman llangini and unanimouslycarried on ro11 call. 3. CONTRACT WXTH JENKS & ADA}ISON A recommendation from the city Manager under date of April 15, L97L,that the cont,ract for engineering services with John ilenks for improve- ment of the wastevrater Treatment Plant be executed was concurred in by Council. RESOII,TION NO. 24-7L "RESOIIJTION AUI$ORIZXNG E)(EC,I.ITION OF AG8EEI.{ENT BY AND BETIIIIEEN TIIE CITY OF BURLINGAME AND JENKS & ADAIJISON, CONSUIJTING SANTTARY AND CML ENGMEERS, FOR ENGTNEERTIIG SERtr/rCES rN CONNECTION IfITH TIIE DESIGN OF SEWAGE TREA${ENT PLANT ADDITIONST " was introducedfor passage on motion of Councilman Johnson, seconded by Councilman Crosby and carried unanimousLy on ro11 caIL. RESOLUIIONS None. ORDITTANCES 1. ORDINANCE NO. 932 'IA}I ORDINANCE AII{EIIDING TIIE MUNICIPAI, CODE OT $IE cIEy oF BURLTNGA!4E By ADDTNG CIIAPIER 6.40 (nrCUr,erIONS FOR. I!{ASSAGE ESTABLISH!{ENTS, MASSAGE S]ERVICES AND PUBLIC BA1TI HOUSES) TO TITI.E 6 (gusrNess LrcENsEs AlilD REcurATroNs) " rras given its second reading. A motion introduced by CounciLman ifohnson to adopt said Ordinance was seconded by Councilman trtangini and carried unanimously on the foJ.lo.ring ro11 call: AYES: COUNCILfiEN: Amstrup-Crosby-Johnson-Mangini-!'lartin NOES: COUNCIIJE{EN: NONE R35ENT COUNCILMEN: None UNF'INISIIED BUSINESS 1 DANCE PEBMIT - BI.ACK HORSE, PRII{ROSE ROAq An application filed by the Black Horse, 269 Primrose Road, for a dance permit was submitted to Couneil at the meeting of April 5, L97L, and continued to the present date for the City Manager to attempt to arrange a revision in the time element. recited in the application. A communication from the City Manager dated April 15, L97L, reportedthat, the owner has agreed to limit dancing to the hours requested by Couneil. roj,1 51 Mayor ,z\.mstruo, with Council's unanimous concurrence, thereafter authorized issuance of a dance permit to the Black Horse, 269 Primrose Road, restrict,ed to the hours between 6:00 p.m., and 2:00 a.m. 2. OVERHANG ENCROACHMENT In response to Councilman lrlartin, the City Attorney rePorted that docu- ments will be presented to Council at the meeting of May 3, L97L, in connection with the request for encroachment into a public utility easement in the industrial district (presented to Council at the meetingof April 5.) !{EW BU SINESS 1 CHAMBER OF' COMMERCE ACTIVITY REPORTS Councilman Johnson reported the Chamber of Commerce has been discussing the matter of supplementing its quart,erly reports to Council with an annual report in the form of a verbal presentation at a Council meeting and that she, as liasion, has been requested to seek Councilrs reaction. Following a brief discussion, there was unanimous agreement with Councilman Johnson that the regular quarterly reports vrere sufficient for Council's purposes. CounciLman Mangini reported that observanee of Youth in Government Day has been tentatively scheduled for l{ay 24, subject to Council approval. Tlhere being no object,ions raised, Councilman l{angini agreed to proceed with arrangements. 2. CULTURAL CENTER COMMITTEE from Following a report/Councilman Johnson that there are sufficient nominees to form the Cultural, Center Committee, Mayor Amstrup requestedthat Councilmen Johnson and ltangini prepare the guidelines to be observed by the committee for Council's review. ACKNOWI,EDGMENTS L. Responses from the various commissions in connection with regulationsgoverning their procedures were referred to the study meeting. 2. city Manager report of April 15, J.g'lL, concerning increase in health pJ.an rates--referred to study meeting. 3. Department of the Army, Corps of Engineers, eommunication datedApril L2, L97L, regarding Triple "S" \rater quality and waste disposalinvestigation. I'he City Manager was requested to seek further information from the official mentioned in the communication. 4. City l'lanager communication reporting vacancies on the Parking and Beautification Commissionsi it was mentioned also that a vacancy exists on the Civil Service Commission. Council was requested to submit nominees by the meeting of l'lay 3. 5. Communication fron Robert Thompson, and WiLliam Hauser, General l{anagier, ininst,alled City of Burlingame directional made possible by Council. Chamber of Commerce President, appreciation of the newlysign on the Bayshore Freeway, 6. City of Belmont subrnitting copies of two resolutions adopted bythe City Council in opposition to AB 429 and SB 333. During a periodof discussion, Council requested the City Manager to for:ward communi-cations to the appropriate offices declaring Burlingame's optrrositionto saLd bills. At Mayor AmstruP's request, Councilman Mangini agreed to work with the COUNCIL REPORTS 1. YOUIH IN GO\IERNMENT DAY 52 City Manager and City Attorney in an attempt to keep CounciL informed of pending legislation requiring attention. 7. Communication from lr{r. Robert V. Bernicchi, Chairman, San Mateo County Water Quality Advisory Corunittee, reporting proposals advancedat a recent meeting of San Mateo County wastewater dischargers and requestJ.ng the City of BurLingame comments not Later than April 30, 197L. fhe communieation was hel"d for discussion at the study meeting in May. The City U.anager was requested to inform Mr. Vernicchi that Council was not prepared to meet the deadline recited in the communication. COUNCI L-AUXILIARIE S DINIIER fhe annuaL Council-Auxiliaries dinner meeting was scheduled for Thursday, !{ay 13, L97L, at Bob's on Broadwayi congeniality hour 6:00 to 7:00 p.m., foLlowed by dinner. EEPORTS Chamber of Commerce quarterlyr April 1 through June 30, F'ire Department, March, L971i Police Department, March,tibrarian's Report, Ivlarch 197L. L97Li 197 1; MINUTES Beautification Commission, ApriJ. l, 197L, Health, Safety and Traffic Commission, April E, L971; tibrary Board, I'larch 30, 1971. Councilman llartin referred to items in the Library Board minutes concerning restroom tiles and interior color scheme and requested theCity Manager to determine whether the matters have been resolved. STUDY MEETING Wednesday, ltay L2, L97L, was selected as the date of next CounciL study meeting. l*tayor Amstrup suggested that CounciL attempt to establish a fixed timefor the monthly study meetings. PROCIAMATION r4ayor Arnstrup proclaimed Saturday, May 1, L97L, "IAW DAY U. S.A. " and the week of April 25 through 30, L971, "PUBITIC SCHOOL WEEK. r' !,NRRANTS,/PAYROI,L APP ROVAL Wbrrants, April, L97L, Nos. 7442 through 7675, in the amount, of $2L7r574.8L, duI.y audited, were approved for payment on motion of Councilman Mangini, seconded by Councilman ilohnson and carried unanimously. tg45{PayrolL warrants, I'tarch, 1971, Nos. L7829 through tr4382, in the amountof $1921236.53 were approved on motion of Councilman Mangini, seconded by Councilman Crosby and unanimously carried. A&TOURNMENT Tlhere being no further business for transaction, the meeting was regularly adjourned at 10:30 D.rl. Res tfully s APPRO\IEN: I Irving S Am s,;a**,strup, Mayoh City Clerk White tted,