HomeMy WebLinkAboutMin - CC - 1971.05.03E6\Drl
Burlingame, California
May 3, 1971
CALL TO ORDER
A regular meeting of the Burlingame City Councj-l was held on the
above date. The meeting was called to order at B:05 P.m.,
Mayor Irving S. Amstrup presiding.
PLEDGE OF ALLEGIANCE
At the Chairrs invitation the City Planner led
the Pledge of Allegiance to the FIat.the assemblage in
ROLL CALL
Present
Absent
Councilmen:
Councilmen:
Ams trup-Cro sby-Johnson-t"lang in i -Mart i n
None
MINUTES
Bids for construction of ballfields (3) at Bayside Park (excluding
bleachers), received and opened on Wednesday, April 28, 197I, dt
2200 p.m., in compliance with publi$hhd notice, were declared as
follows:
BIDDER TOTAL BID ALTERNATE TIAI'
The minutesto Council
BIDS
Collishaw Sprinkler
i\.{unkdale Bros.
Palo AIto Landscape
A&J ShooterBatista Landscape
Rudolph WatsonI{uettig & Schrornm
Economy Garden
of the preceding meetingpreviously, were approved
BAYSIDE PARK - PHASE I
of April 19, L97L, submitted
and adopted.
$11,152.00
9,409.50
L2,L97.50
9,409.50
13,940.00
13,940.00
1r,152.00
9,758 .00
$204 ,447.20
2L2,391.40
214,038.65
2r5,229.84
226 ,449.10
229,985.21
23L,023.65
239 ,L7 4.75
Architectrs Estimate 253,909.00 L2,546.00
Communications from the City Manager and the firm of Royston,
Hanamoto, tseck and Abey, project architects, dated April 29 andApril 28, 197L, respectively, were acknowledged; the latter communi-cation recommended award of the contract for the base work withoutAlternate rtArr to the low bidder, Collishaw Sprinkler Company,
upon a favorable opinion from the City Attorney as to the legalityof said bid.
The City Attorney, responding to Mayor Amstruprs request for clarifi-cation of the status of the bid proposals, explained that the low
bicider submit,ted his bid without the required list of subcontractors--the list was presented subsequent to bid opening--and that he has
been contacted by counsel for the low bidder and the second lowestbidder, each contending that his client is entitled to the award ofbid as a matter of law. The City Attorney requested that he begiven the opportunity to research the statutes before attempting to
advise Council and recommended a delay of two weeks.
There being no objections voiced, Mayor Amstrup declared a continu-
ance to the meeting of May 17, 197I.
Councilman Martin requested the City Attorney to determine types oflicenses held by the two lowest bidders.
54
COMMUNICATIONS
I PETITION FOR ANNEXATION
ivlayor Amst,rup acknowledged receipt of a petition filed by
Norman W. and Henrietta O. Kavanaugh, L475 Alvarado Avenue and
Robert S. and Rosemary Waligore, L46I Alvarado Avenue (Burlingame
Hills) for annexation to the City of Burlingame in accordance with
the Anhexation of Uninhabited Territory Act of 1939 of the
State of California.
Attached to the petition were copies of Local Agency Formation
Commission of the County of San Mateo Resolution No. 314
approving the proposed annexation, plat and lega1 descriptionof the subject lands.
The City Attorney reported there were two matters requiringclarification, one having to do with lega1 description of theproperty, the other, a condition imposed by LAFCO that theproperties be withdrawn from the Burlingame Hills Sewer Mainten-
ance District. He requested a delay of two weeks for an oppor-tunity to confer with the petitioners.
Council indicating no objection, the Chair declared a continuanceto the meeting of May L'l , 1971.
2. APPEAL OF PLANNING COMMISSION ACTION
A letter dated April 28, L97L, from Mr. Robert E. Andersen,
113 Crescent Avenue, representatj-ve of the Burlinganre Park
Improvement Association, appealed the decision of the Planning
Commission in approving a variance for apartment use of first-
residential property located at 1515 Newlands Avenue.
A public hearing before Council was scheduled for Monday,
May L'7, 1971, at 8:00 p.m.
3. PROPOSED TELEPHONE COMPANY EASEMENT
A letter dated April 29t 197L, from J.E. Beebe, Division Plant
Engj-neer, The Pacific Telephone and Telegraph Company, Peninsula
Divj.sion, requested a grant of easement for underground facilities
on a portion of t,he City of Burlingame parking lot on the easterly
line of EI Camino Real, southerly of Burlingame Avenue.
The communication stated that it is proposed to replace existing
aerial installations in connection with enlargement and moderniz-
ation of the Standard Oil Company service station at Burlingame
Avenue and EI Camino ReaI.
A map of the area showing location of the proposed easement and
a form of the Iega1 document requested to be executed were filed.
Mr. Jack Miller representecl the principals, in response to a series
of inquiries from Councilman Martin, Mr. Miller explained that
reconst,ruction of the service station involves demolition of the
adjacent building that fronts on Burlingame Avenue, which, in turn,
necessitates realignment of a portion of existing telephone cables
that are attached to the rear of the buildings in the alleyrvay
paralleling Burlingame Avenue between E1 Camino ReaI and Primrose
Road and the Company would prefer to go underground in lieu of
replacing overhead installations.
In response to Councilman Crosby, Mr. I"liller stated there will
be no loss of parking spaces nor interference with the existing
parking pattern on the city!s lot, except temporarily while work
is in progress.
Responding to the City Engineer,service in the area will continue
Mr. Mi11er. confirmed thatwithout i nilerruption.
With Council concurrence, Mayor Amstrup referred the communi-
cation to the City Attorney and City Engineer for investigation
and report at the meeting of l'lay L7, 1971.
55
4 PRELIMINARY INTERIITI WAIER QUALITY MANAGEMENT PI,AN
SAN FRANCISCO BAY BATIN -SUMMARY REPORT
A communication from the City Manaqer dated April 29, 1971, eoncerned
"Regional Water Quality Control Board Hearing on May 11, 1971,' andsubmitted for Council consideration the following material:
(a) Communication dated April 9, 197L, from Mr. Fred Dierker,
Executive Officer, California Regional r{ater Quality Control Board,
San Francisco Bay Region, concerning "Transmittal of Material rePublic Hearing on Interim Plan for San Francisco Bay Basin;rl
(b) "Preliminary Interim Water Quality Management Plan-San
Francisco Bay; "
(c) Stat,ement by San Mateo County !{bt,er Quality Control Advisory
Committee; communication from John H. Jenks, Consultinq Enqineer,
dated April 19, L97Lr ceorge J. Marr, Director of Public Works,
comments dated April 28, L97L; letter prepared by the City Managerfor transmittal to Mr. Dierker reguesting modifications in "I'lunicipalProject List insofar as it pertains to this city. "
fhe City Engineer, ?t the Chair's request, init,iated the discussion,
commenting that the time element for start of construction for theproject involving the City of Burlingame appears to be totally
unreasonable. He pointed out that, in addition to this city, five
other dischargers are named as participating agencies, requiring
extensive cooperative planning and negotiation and, additionally,
completion of a subregional plan to assure Federal funding, allpreliminary to advertising and award of bids for the project. ftrecity Engineer stated that the preliminaries cannot possibly be
accomplished in time to meet the deadline.
I'layor Amstrup reported that at a reeent meeting he attended with the
City Manager and City Engineer the suggestion was made that the
County Regional Planning Committee act as the agency to assist in
obtaining Federal and State grant monies.
fhe City Engineer reported that !4r. Robert V. Bernicchi, Chairman,
San Mateo County Wbter Quality Control Advisory Committee, willpresent the committee's statement in connection with the fnterim
Plan at the Water Quality Cont,ro1 Board hearing on May 11. TheCity Engineer requested that Council, by resolution, endorse said
st,atement.
RESptUfION NO. 25-7I "Endorsing And Supporting The Stat,ement Of
fhe San Mateo County WEt,er Quality Cont,ro1 Advisory Committee On
Itre Preliminary Interim Whter Qual-ity Management Plan, San
Francisco Bay Basin, California Water Quality Control Board" was
introduced for passage on motion of Councilman Johnson, seconded
by Councilman Crosby and carried unanimously on ro11 call.
?he City Manager referred to copies furnished Council of a letter
proposed to be sent to t1r. Dierker setting forth the Cit,y's position
on lhe "Municipal Project, tist. " He stated that the letter will be
amended to include a reference to the requirement for a subregionalplan to secure Federal funds and forr,rarded immediately thereafter.
5. CHANGE IN SUBCONTRACTOR LIBRARY JOB
A communication from the City l{anager dated April 29, L97L, submitteda request from the general contractor, !{orris DaLey, Inc., approved
by E. L. Norberg, architect, for a change in the painting subcontractor
on the library addition from Leo fauro Decorating Company to
Kenneth C. Sanders & Sons, Inc., 810 Warrington Avenue, RedwoodCity, because of the former's failure to supply a performance bond.
Council concurred with Councilman lUartin that, the City Attorney befurnished background material that he needs to evaluate the requestand, if he is satisfied, the City Manager approve the change toavoid delaying the project.
56
6. WIIEATIEY & OLI\TER PROPOSAL F'OR BURLINGAI{E SHORE IAND COMPANY
PROPERTV
A communication dated April 28, L97L, from the City Planner reported
that the Planning Commission, following a public hearing at its
meeting of April 26, L97L, approved the application for variance
submitted by Wheatley-Oliver to const,ruct an apartment, complex of
10 separate apartment buildings on a single site, subject to
conditions pertaining to submittal of Landscape Plans, conformance
with building and fire codes, location of buildings and an action
by Council in connection with the exist,ing land use contract
between the city and Burlingame Shore Land Company.
A communication dated April 27, 1971, from Leon M. Wheatley/
Richard B. Oliver, signed by Mr. Oliver, also referred t,o the
Planning Commission action, requested Councilrs ratification thereof,
modification of the existing contract brith the l1nd o\^rner and, if
CounciL considered it warrantedr in opportuni-ty/idview the project
at the study meeting of May 12, L97L, to resolve any remaining
problems.
The City Attorney, in response to the Chairrs request for comment
as to procedure, explained that CounciL should now direct, its
at,tention to the eontract that wiLl provide for development 6f the
property. He explained that it will be necessary to terminate
the existing contract and prepare a substitute and suggested,
Council willing, that Mr. Oliver be directed to submit a draft of
the necessary documents to his office for examination.
Councilman !4art,inrs request that CounciL be furnished copies of the
draft together with detailed preliminary drawings including a
landscape plan, initiated a period of discussion during which the
City Attorney exnlained that the contract, must incorporate by
reference the preLiminary drawings that are the basis for the
deveLopment plan for the property and that, of necessity, the
contract and the drawings be processed as a unit. Trhe City
Attorney point,ed out that inasmuch as the language of the contract
will reLate to preliminary drawings, not final working plans,
it is fair to assume there may be some modifications of the
drawings ao work progresses, which would depart from the eontraet;
should these become significant, the City Attorney st,ated, Mr.
Oliver could return to Council and seek a modifi.cation of the
contract.
Council indicated no objection to the City Attorneyrs suggest'ed
procedurei Mr. O1iver, in response to Mayor Arnstrup, indicated
wil liylgness to proceed accordingly.
R"COhI\ENE
Following a recess at 9:00 p.m., Mayor Amstrup called the meeting
to order at 9:10 p.m.
RESOLUTIONS
I RESOLUTION NO. 26-7L "Authori zj-ng Execut,ion of Agreement BY
And Between the City of Burlingame And Ronald A. Parner, Ar chitect,
Providing For The Preparation of Drawings And Related Documents,
Burlingame Avenue Central Busj-ness District" was introduced for
passage on motion of Councilman Crosby, seconded by Councilman
Johnson and carried unanimouslv on ro11 caIl.
2. RESOLUTION NO. 27-7L "Authoriz ing Execution Of Encroachment
.51
Permit" (Andrew Morrovr Enterprises, a corpora
for passage on motion of Councilman Mangini,
Johnson and unanimously carried on roll call
tion) was introduced
seconded by Councilman
ORDINANCES
1. ORDINANCE NO. 934 "An Ordinance Amend ing ltre Municipal Code
Of The City Of Burlingame By Adding Chapter 18.20 ro Title 18,
Gradi.g, Excavation And Fi1Is" was introduced by Councilman Crosby
and given its first reading.
57
UNFINISIIED BUSINESS
1. IAIID USE VIOIATION
Mayor Amstrup referred to a communication from the City Manager dated
April 29, L97L, submitting staff reports of conditions in the property
occupied by f.D.Sperry Company, L42L North Carolan Avenue; also a
letter from Mr. Sperry stating his inability to aPpear personally
before Council, as requested, and his intention of vacating the
property prior to August 31, L971.
Upon an indication from Council that abatement woul-d appear to be
in order, the City Attorney stated that, arrangements will be made
to have an abatement notice issued by the appropriate department.
2. STUDENT RNMENT DAY
Council received copies of the program for "Student Government
DBy, " May 24, 1971, and heard a report from Councilman llangini that
represent,atives from Burlingame, Mercy and MiLLs High Schools will
participate.
3. TRAFFIC CONTROLS:
SEQUOIA,/TROUSDAI,E ATID CORTEZ,/HI LLSIDE
I"layor Amstrup referred to prior discussions before Council on the
issue of four-way stop signs at the intersections of Cortez and
Hillside Drive and Sequoia and Trousdale Drive. He reported that
he had reeeived numerous requests for additional traffic controls
at Cortez/Hillside since a reeent unfortunate accident involving
injury to a child and that he, personalLy, has observed hazards
encountered by pedestrians attempting to cross Trousdale at
Sequoia.
Police Ctrief Icltin stated that the accident at cortez,/Hillside
was apparently caused by an inattentive driver; there \ras no evidence
of excessive speed.
Mr. Don Spencer, L344 Cortez Avenue, stated that he lives four
houses off the eorner of Hillside Drive and that,, in his opinion,there is activity in that area probably as heavy as in the downtown
business area because of vehicuLar and pedestrian traffic
generated by the church and school. He requested CounciLrs consider-ation to installation of four-way stop signs.
Councilman Mangini reported that he also received a number of
telephone calls from residents in the area.
Chief Iollin recaLled that prior surveys of both intersections
disclosed that neiLher met the warrants for stop signs.
Mayor Amstrup requested that new surveys be initiated at bothintersections; additional-ly, CouneiLman Martin requested thatprohibition of parking on all or part of the church frontage onHillside Drive be investigated.
NEW BUSINESS
1. CITY PI"ANIIER RESIGNATION
George A. Mann, Planner for Burlingame for 18-1/2 years, read froma prepared statement informing Council of his intention to retireeffective June 30, 1971. He offered to continue on a consultingbasis, subject to Councilrs desires, and mentioned his personalgratification at the progress the city has made ..rithin the lasttwo decades and the part he had taken in its guidanee.
Council individually conunented on the void that his retirement will
create and acknowledged his untiring efforts in serving the city.
2. gouNcrLMAN JOTINSON REPORTS
Councilman Johnson reported that she conducted a tour of the city hall
58
on Friday, April 30 for deLegates attending the california ArtEducation Assoeiation Conferencei
With Mayor Amstrup attended Governmental Research council meetingwhere nobert E. carlson, Director of sociaL welfare, stat,e ofCalifornia was the guest speaker;
Stated that she has received numerous telephone calls complimentaryto the development of the old city ha1l site and requested that thepersons responsible be informed of councilrs appreciation;
Attended the last Planning Commission meeting where the same slateof officers hras re-elected for another year -- Thomas w. sine,chairman; Frank cistulli, vice-chairman; and Everett K. Kindig,Secretaryi
Requested the City l,lanager to investigat,e the mechanism controllingoperation of the water office door, which appears to be defective;(councilman Martin suggested that E. M. Hundley Hardware company,
San Francisco, be contacted.)
Referred to an item in the San Mateo Times noting this date as
councilman l"lartin's Tenth anniversary as a member of the cityCouncil.
3 NEWSLE Tl]P R
Mayor Amstrup referred to copy of a communication dated May3 , 79'1L,from Mr. Donald Spencer, Burlingame Days PromotionaL Chairman,advising that arrangements have been made for a Ci ty of BurlingameNewsletter to be included in a tabloid promotion of "Burlingame
Days, " for distribution May 18 and 19. Tlhe communicat,ion statedthat the tabloid will be distribut,ed to all households in Hills-
borough and Burlingame at a cost to the city of $220.50.
!4r. Spencer was present; in response to Council inquiry, he reportedthat the tabloid wiLl be in the form of a _special inqfigtn$SSBEEgS?EFdin the Hillsborough Boutique, portion of the San Mat6ti-riffi6$15ild""'l4ilIbr:ae Leader,/Sun distribution, representing a minimum of -65,OOO
circul"ation. He stated that the area of circulation couLd possibLv
be increased to 115,000 if the total circuLation area of the news-papers was utilized and that cost to the city would remain the same.
I4r. Spencer pointed out that community reaction to the 'lewsletter
could be invited, thereby oroviding Council an onportunity to
determine from the responses whether there was sufficient- interestto warrant a monthly publication.
On a motion introduced by Councilman Mangini, seconded by Councilman
Johnson and unanimously carried, Council authorized an expenditureof $220.50 for publication and circulation of an initial newsletter,
as noted in Mr. Spencer's memo to the City Manager dated May 3,
L97L, proofs to be submitted for CounciJ. approvaL.
ACKNOWI;EDGMENTS
1. Californians for Revenue Sharing communication requesting support
of concept of revenue-sharing. Council agreed that the matter shouLd
be brought to the attention of 'b,he North County Council of Cities
for its endorsement. fhe City Attorney was requested to prepare
an appropriate resolution for Council action at the meeting of
May 17.
2. Copy of City of South San f'rancisco ResoLution No.5546 requesting
San llateo County Board of Supervisors to construct jail facitities
in North San Mateo County and soliciting endorsement of North County
referred to City Attorney to prepare a resolution in support,
reserving to Burlingame the right of selection of booking facilities.
3. Copies of City of South San Francisco Resolution No. 5541 and
City of Santa Barbara Resolution No. 735I opposing SB 333 "Compulsory
59
and Binding Arbitration. "
The City Manager reported that he has for:uzarded communications to
the appropriate legislators placing the city on record in
opposition to the bill.
4. Publication from the Office of the Attorney General-, Sacramento,
entitled Legislative Proposals, dated April, L97L, referred to
study meeting of May 12 for review with the City Attorney.
5. City Manager communication reporting status of interior
decorating problems at the Iibrary. ftre Librarian was present and
stated that the matt.er is expected to be resoLved at the next meeting
of the Library Board.
6. Draft of a letter subrnitted by Councilmen Johnson and l,langini
for mailing to prospective members of Citizens Committee for Art/
Cultural Center was approved with the suggestion that the
committee be requested to explore the area of xcOSTS. "
7. City Managerrs report of a meeting with San Francisco Airport
Access Project ConsuLtants, dated APril 28, 1971. Council agreed
to review the consulting engineers report and drawings at, the study
meeting of May L2.
8. Commendations for services rendered by the Park and Police
Departments from Mrs. R. Xapis, 3037 Mariposa Drive, and l'1r.
Floyd C. Parks, 2600 HilLside Drive, respectiveJ-y.
9. CounciL authorized retention of counsel- to represent the city
in an appeaL hearing requested by a discharged employee.
MINUTES AI{D REPORTS
Library Board, April 2A, L97L; Planning Commission. April 26,
L97Li Librarianrs Report, April 20, L971.
REPRESENTATION !TA15R QUATITY CONTROL BOARDS
At Couneilman Martin's reguest, the City Manager agreed to
investigate the status of a proposed bill (AB 11) intended to pFo-
hibit, water discharging agencies representation on regional water
quality control- boards and to fonvard a communication in opposition.
PROCIAMATIONS
Mayor Amst,rup proclaimed the week May 15 to 22,
INSTRANCE WOMENTS WEEK," and May 15 through 26,
DAYS. 'I
].971 "NATIONAL1971, "BURLINGA}4E
COMMENDATION
Mayor Amstrup announced that a resolution was prepared ICOMMENDING
MRS. PAUL J. HANZTIK UPON ITIE OCCASION OT }IER RETIREMENT AS
ADII{INI STRATOR OF. THE PENINST,IA MEMORIAL BIOOK BANK, ', to be PTesent,edat a retirement dinner on May 14, Lg?L, at the Villa Hotel, San Mateo.
B.C.D.C. APPOINTMENT
Councilman Martin reported that ABAG wiLl make an appointment to
the Bay Conservation and Development Commission to represent the
area encompassing Redwood City and south. Council indicated no
objection to his suggestion that he informalLy submit the nameof CounciLman Mary Henderson of Redwood City.
COMMISSION VACANCIES
Council agreed to submit nominees for vacancies on the Beautification,Civil Service and Parking Cornmissions at the study meeting.
AITOURNI{ENT
?he meeting regularly adjourned at 1O:20 p.m., followed by an
Executive Session.
ROVED:Respectfully submitted,
S
S
Am ,Herbert . Irlhite,ty Clerk