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HomeMy WebLinkAboutMin - CC - 1972.07.17CALL TO ORDER AT abo ltay egulvedorP ar meeting of the Burlingame City Council was held on the ate. The meeting was called to order at 8:05 P.m., ro Tempore R.D. Martin Presiding. Burlingame, California July I7, L912 PLEDGE OF ALLEGIANCE The Citythe f1a9. clerk led the assemblage in the Pledge of Allegiance to ROLL CALI Present - Councilmen: AmstruP-Crosby-Cusick-Martin Absent - councilmen: Mangini Itlayor Manglni, on vacation, was excused. MINUTES The minutes of the meeting of JuIy 3, 1972, previously submitted to Council, lrere approved and adopted. BIDS 1. BURLINGAME AVENUE LANDSCAPING TOTAL BID Munkdale Bros., Inc. ColLishaw Sprinkler Company B. Fontana & Sons Anza Engineering Corp. $13,988.00 15,002.00 Architectrs Estimate $15,300.00 under date of July L2, L9?2t Ronald A. Perner AIA, project archi- tect, reconunended ar,{ard of bid to the low bidder, Munkdale Bros. In an addendum to the communication dated July 13, 1972, the City Manager concurred in the recommendation. RESoLUTIoN No. 50-72 "Awarding contract For Landscaping of @tween EI camino Real and california Drive, Job No. 5371 (Munktlale Bros., Inc., $13,988.00) was introduced by Councilman Crosby, who moved its adoption, seconded by Council- man Anstrup and declared carried on the following ro11 caII: AYES: COUNCIf,Ufn: AmstruP-Crosby-Cusick-Martin NOES: COUNCILMEN: None ABSENT COUNCILMEN: MANgiNi 2. TOPICS PROJECT BIDDER TOTAL BID Bids for street improvement, Bayshore High$ray between Burlway Road and lrlahler Road. olened on Thursday, July 6, L9721 at-2:00 p'm', in accordance with published notice, were declared as follows: $11,599 .00 r2,095.00 2E7 Bids for the above Project, opened on wednesday, July L2, L972, at 2:00 p.m., in accordanie with published notice, were declared as follows: BIDDER 288 BI DDER Lowrie Paving Fisk,Firenze rMcl,eanGray & LewisSoil Engineers corporation Bragato Paving TOTAL BID $12,129.00I2,558.00 12,958.00 13,804.00 14 ,345.00 Engineer's Estimate $12,125.00 In a corurunication dated July L3, L972, the Director of Pub1ic Works advised that the project is to be financed by TOPICS monies plus owners' contribution, and that the contract can be alcarded to the lowest responsible bidder, B. Fontana & son, provided approval is received from the State by the time of the Council meeting on July 17, L972. In a second communication dated JuIy 17, !972, the Director of Public Works reported that formal approval of award of contract has not been received from the Federal agency and that the Division of Highways suggested that the resolution awarding the contract be amended to provide that the award is made subject to approval of the Federal Highvray Administration. (B.Fo RESOLUTION NO. 51-72 "A*ardi Bayshore Il r.9 hway wi dening Bet TOPICS Project r-3O72 (54) " (amended to provide for award of TOPICS funds by the Federal Highway Administration) was intro- duced by Councilman Crosby, who moved its adoption, seconded by Councilman Amstrup and declared carried on the following ro11call: AYES: COUNCILMEN: Amstrup-Crosby-Cu s ick -MartinNOES: COUNCILITIEN: None ABSENT COUNCILMEN! Mangini HEARI NGS ntana & Sons-S11.599.00)ng Contract For Construbtion On ween Burlway Road And Mahler Road, I APPEAL OF ANZA PACIFIC CORPORATION TO ENLARGE DRIVE.IN THEATERS Mayor Pro Tempore Martin announced that a public hearing on the appeal of Anza Pacific Corporation from the Planning Commissiondenial of a special permit to enlarge facilities at the Bur- lingarne and Peninsula Drive-In Theaters lras scheduled for thisdate. The Chair acknowledged a communication from the City Plannerdated July 12, L972, reporting that revised plans filed by theapplicant shorded substantial change from the original proponal made to the Planning Commission. on the reconmendation of theCity Planner, and with unanimous consent of the Council, theChair directed that the matter be returned to the Pi.anning Com-mission for reconsideration. 2. VARIANCE GRANTED TO STANDARD OIL COMPANY OT CALIFORNIA Mayor Pro Tempore Martin announced that an application for, vaiiance fifea Uy standard oil comPany of California to rebuild service station iacili.ties at Adeline Drive and EI Camino Real , approved by the Planning Commission subject to a series of con- aitions, was brought to the Council on its oldn moti.on for review on the regular appeal Process. The chair referred to correspondence from the aPplicant dated June 7, lg?2, noting the extent of proposed improvements and a resume of proceedings before the Planning Commission from the city Planner dated July 13, 19?2. 289 The chair declared the hearing open, recited ground rules and accorded the privilege of the floor to proponents. Mr. R.H. Rieber, Property Representative, Standard OiI Company of California, western Operations, Inc., San Jose, explained that the company has oerned the property since 1927; the volume of business has increased steadily to the extent that the dealer finds himselfin the position of turning customers away due to lack of adequatefacilities; acquisition of additional land to rebuild and modernize the site proved economically unfeasible because costs were exorbi-tanti and, for that reason, a plan was designed lrrhereby total reconstruction can be accomplished to provLde expanded service areas, attractive structures and amenities of landscaping and dif- fused lighting. I{r. Rieber, displaying a colored renderi.ng of the proposed improve- ments, stated that the number of pumps will not be increased butthat three service bays are proposed to replace the two existing. He discussed the first proposal made to the Planning Commission for a two-story building with restrooms and refreshment area on second floor; because of objections, the plan was withdrawn revised to eliminate refreshment area and relocate restrooms ground level; the mezzanj.ne in the service building will be exclusively for office and storage purposes, accessible onlyinside the service bay. In response to the Chair's reference to conments in the Planning Commission mi.nutes of June 26, L972, concerning building height,Mr. Reiber stated that a recently completed A-bay station inltillbrae, on a much larger property, is 12 feet in height; on thesubject property, because it is limited in area, it was necessaryto go to L6-L/2 feet for the mezzanine. Mr. Reiber discussed proposed sidewalk and driveway improvements, $rhereby an exi.sting hazard resultj.ng from motorists cutting across the property fron El Camino Real to Adeline Drive will beeliminated. He stated that equipment for paper towels used in wiping rrindshields wiIl be installed to control litter, in response to neighborrs complaints, and that 12 potted trees, 12feet in height, will be placed in strategic areas. A question raised by Counci lman Amstrup concerning a large euca-Iyptus tree indicated on the rendering established that thetree was not on the service station property. Councilman llmstrup explained that he wished to identify the precise location toforestall any future attempt by Standard Oi1 to have the tree removed because of interference with ingress and egress. Councilman Cusick asked why the additional buiLdlng height was considered essential to the remodeling. Mr. Reiber emphasizedthat the three bays $riLl result in better service and, because there is insufficient space for the office and storage room atqround level, in addition to other services--regtrooms , sales room, vending nachines--the mezzanine appeared to provide thelogical solution. Mr. Reiber also pointed out that added height at the canopies and in the bays facilitates servicing of campers and othersimilar tall vehicles. the Chair acknowledged three conununLcations in favor of thevariance from Robert S. Gillespy, Jr., 2995 Trousdale Drive,H.J. Hoffnan, L264 cabrillo Avenue, and Mr. and Mrs. C.A. Weis- mann, 1432 Vancouver Avenue. Opponents were invited to speak. Mrs. Margaret Lake, II48 Oxford Road, speaking in her behalf andfor neighbors on vacation, acknowledged problems facing Standard the and to used from 290 Oi1 Company and the dealer in attempting to build on an inadequate site. Mrs. L,ake noted that the sma11 commercial center at Adeline Drive and E1 Camino is non-conforming in an R-3 zone, that the corner is subject to automobile accidents, and that increased business there may have the effect of com- pounding existing hazards. Mrs. Lake referred to the building height mentioned by Mr. Reiber and stated that the rendering would indicate overall height of 18'9" including peak at the mezzanine and 18' overall at the canopy. she suggested that the identification sign at the canopy will give a tremendous amount of light and, with reference to the bays, reported that a survey of stations in the city revealed the majority are 2-bay; furthermore , of 26 Standard stations on EI camino, north from l.louttain vi.ehr, the majority are 2-bay. In con- clusion, Mrs. Lake noted that the request is for a 3-bay facility in a non-conforrning area with insufficient footage and requested that Council consider the position of neighbors who prefer a single-story building 12' in height limited to 2 bays . cary chetcuti, 1144 cambridge Road, asked if the remodeling will. result in increased rates to customers. Clarence Rusch, owner of Adeline Market, 1508 Adeline Drive, stated he has been in business at the location for 24 years and has observed many changes in the operation of the station. He discussed hazards exisling in the corlmon driveway easement and suggested that -in lieu of the added height that underground storaqe and office space be considered. A young man residing at Il50 Oxford Road rLported being bothered by the lights and asked about the proposed lighting. Mr. Rieber, responding to the speakers, stated there will be no increase in prices of any product, that existing high flood- lights witl be iemoved and ieptaced rrith low level installations anE that recessed lights under the canoPy will eliminate problems of glare on the street and adjoining ProPerties. Mr. Robert V. Ohlson, 211 Occidental Avenue, questioned the need for exPanded facilities in an essentially residential neighborhood and suggested a commercial district as a more appropriate location. Mayor Pro Tempore llartin explained that all of the commercial usls at Adeline and EI Camino are non-conforming but legal and can continue indefinitely, unless halted for a continuous period of six months . Mr. charles Fox' owner of the service station business, explained that 9Ot of the customers are residents in the immediate area; if the station were downtown, they r,rould cease to be customers because they rdant neighborhood service. He stated that the additional 6ay probably will attract some net, customers but the primary reason for expanding is to accornmodate People who are being turned away at Present. The hearing was declared closed. A motion lras introduced by Councilman Crosby to uphold the Planning Commission's approval of the variance. In seconding the motion, Councilman ilmstrup stated there. apparentl.y wilt Ue no improvements if the Proposed plan is. rijected.- He felt there was too much emphasis placed on the additional bay but preferred redevelopment to the property continuing in its Present condition. The motion was declared carried on the following ro11 call: AYES: COUNCILMEN: llmstrup-Crosby-Martin NOES: CoUNCILMEN: Cusick ABSENT COUNCILMEN: Mangini )l.) Mr. Rieber, in responsethat the bell alerting a premises will be deactiv night. a question from the floor, confirned endants to vehj,cles entering the ed when the lights are turned off at tottat 3. ORDINANCE EXTENDING INTERT},! URGENCY ZONING ORDINANCE NO. 959 Mayor Pro Tempore Martin announced that this was the time and place scheduled in accordance with published notice to conduct a public hearing and to consider extension of restrictions on issuance of building permi.ts within the Burlingame Avenue off- Street Parking District. The Chair reviewed the background of the existing interim urgency ordinance $rhereby a temporary ban was placed on certain construc-tion within the boundaries of the Parking distri.ct, excePt under certain conditions. He explained that some properties within the district are exempt fron Parking requirements, that one "high-rise" building in the dor.rntown area, and proposals for other such buildings, where off-street parking requirements would not be met, Led the Council to undertake a parking study and enactment of the emergency ordinance, and that the PurPose of the Present hearingis to determlne trthether such emergency ordinance shall be extended for a period of eight months. Declaring the hearing open, the Chair invited comments from the f loor . In response to an inquiry from Mr. James L. Paine, Pacific Ocean Trading Company, 1109 Burlingame Avenue, whether the public wiLl have an opportunity to make its views known if another "high-rise" building is proposed, the City Attorney explained that the proposed ordinance makes public hearings mandatory when appli- cation is made for "high-rise" commercial buildings within the parking district. An inquiry from Mrs. clarence Rusch, 1384 Hillside Circle, con- cerning restrictions on such buildings in other sections of thecity initiated a period of discussion on zoni.ng ordinance pro- visions whereby height and bulk of buildings in conunercial zones are regulated by application of "floor-area ratlo" to lot size and by parking requirementsi reference was made also to heightlimitations applicable to residential zones. Councilman Cusick referred to "Variable Height District Regu-lations" recited in the zoning ordinance, commenting that on certain residential buildings the sky appears to be the limit. Mr. Drdight U. smith, 501 Bayswater Avenue, Mrs. John F. Barton, 734 Winchester Drj.ve, Mrs. Robert E. Anderson, Il.3 Crescent Avenue, joined ltrs. Rusch in urging extension of the emergency ordinance and consideration to adoption of a "height limitation" ordinance . The hearing was declared closed. oRDINANCE No. 960 "Extending Temporary Interim Urgency zoning Ordinance No. 959 Restricting Issuance O f Building Permits Within The Burlingame Area Off-Street Parki.ng District" was introduced and adopted on mot.ion of Councilman Amstrup, seconded by councilman crosby and roll call as follows: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Martin NOES: COUNCILMEN: None ABSENT COUNCILMEN: Manglni RECONVENE Following a recess at 9:15 p.m., the Chair reconvened the meetingat 9:30 p.m. 2t)2 COMMUNI CATIONS 1. REQUEST TO USE CITY EASEMENT A conmunication was acknor,rledged from Mr. Ben Holladay, III, 952 chula vista Avenue, requesting a revocable permit "toenter and exit and in general to occupy the garage building Iocated on city-owned property, and to use as a driveway the adjacent area also located on same city-olrned property." Council heard a report from the city Engineer that the dwelling was constructed in L922 and, presumably, the garage at the same time, as there is no record of further building permits beyond that date, the garage covers practically the entire width of the alleyway, $rhere storm drain and sanitary selrerinstaltations are contained. The City Engineer mentioned that the situation has created no problems to the Public Works Department. The city Attorney identified the location as Part of the alleyor easement system that exists throughout the Easton sub-divisions. He explained that the matter of title to the alley- ways has n_ever been decided but that the city has a prescriptive right and l.6n leqal grounds in its use for storm drain Purposes. He stated that apparently there are problems between Mr. Holladay and the neighbor on the opposite side of the ease- ment, who has been parking his car where it blocks access to the garage . The City Planner stated there are zoning problems on the neigh- boring property that may have resulted because of the situationof the garage on a city easement. He noted that the properti.es in the area may be developed at some future time with aPart- ments and, to assure no assumption of perrnanent rights to the easement, recommended that the use not 90 to the Property. follolring review of a map accompanying Mr. Holladay's communi- cation, Council concurred with the Chair that the matter be referred to staff for review and reconmendation. 2. REQUEST TO ASSIGN LEASE OF CITY-OWNED PROPERTY In a cornmunication dated July 11, 1972, Mr. Thomas w. Howarth, Vice President, Real Estate Division of Reynold c. Johnson co., referred to an existing lease with the city for a "ditch" adjoining its properties. The communication advised that part of the property adjoining the "ditch" will be sold and release from the "Assignment and Subletting" provisions was requested in order that the lease may be assigned to the ne!, purchaser . The matter was referred to the city Attorney to PrePare an appropriate document for Council's consideration. ORDINANCES 1. oRDINANCE No. 961 "Amending The Municipal code By Adcling Subparagraph 4 To sect ion 13.36.0308 (one Hour Parking) And Regulating Parking on The Northerly Side of cadillac way" was introduced for first reading by councilman AmstruP. 2. ORDINANCE NO. 952 "Amending The Municipal Code By Adding subparagraph (r) To Sect ion 13.36.010 Prohibiting Parking on The southerly Side of cadillac way" htas reading by councilman Amstrup. introduced for first 3. oRDINANCE No. 963 "An ordinance Amending Section 25.08.030(3) oflThe Muniq-pal code Providing for condit ional Uses Requiring A Special Permit In R-l (first Residential) Districts" was intro- duced for first reading by councilman crosby. 4. ORDINANCE NO. 964 "An Ordinance Amendinof Tha M[niciFaT-CGIe By Adding Sub-Paragrap The Revier^, Of Development Plans In Hearings Service Station Use" was introduced for firs man Cusick. Section 25.7 4.02O 4 And 5 Requiring Applications For A reading by Council- h6To paitment h Resi- Counci 1- 293 udget was authorized by ion *3. services renderedin an amount of g hs ont 5. ORDINANCE NO. 965 "An Ordinance Amending Section 25.08.350(5) Of the Municipal Code Regu lating Traffic And The Parking of Vehicles Incident To Home occupations" was introduced for first reading by Councilman Crosby. 6. oRDINANCE No. 966 "An ordinance Adding Sub-Paragrap Section 25.2,f.Or0 O-The Mun icipal Code Making A Hotel A A Condition Use Requiring A Special Permit In R-4 (Fourt dential) Districts'r vras j.ntroduced for first reading by man Amstrup. 7. oRDINANCE No. 967 "An ordinance Repealing section 25.32.030(3) dF-TEe nuniEiFafcode Permitting offices of Physicians Andof others As Conditional Uses Requiring Special Permits In R-3(Third Residential) Districts" $ras introduced for first reading by Councilman Cusick. PUBLIC HEARINGS An expenditure of $850.00 from the the council for a new gas range at councilman Cusick recommended that legislation be prepared whereby any commercial building over two stories in height would require a special. permit from the Planning Commission. Councilman Cusick pointed out that most of the buildings in the city's three commer- cial districts, Burlingame Avenue, Broadway and Mills Estate, are two stories. The City Manager was requested to place the subject on the agenda of the next Council study meeting. TRAEFIC CONTROL EL CAMI NO,/TROUS DALE A suggestion from councilman AmstruP concerning installation of a sign prohibiting right turns off Trousdale on to EI Camino (south- bound) against the red light rras referred to the Chief of Police for investigation and report. FIRE DEPARTMENT PURCHASE AUTHORI ZED L972-7fire s 3btat CHAMBER OF COMI4ERCE The report from the Chamber of Colunerce covering for the period JuIy 1 through September 30, 1972, S2550.00 was approved. BURLINGAME AVENUE PROJECT l,tr. Greg Johnson, owner of a business at 1121 Burlingame Avenue and Mr. James Paine at 1109 Burllngame Avenue complained that their operati.ons have been seriously curtailed by reason of the strike Ordinances Nos. 963 through 957, proposing amendments to the zoning ordinance, were scheduled for public hearing at the regu-lar Council meeting on August 7, 1972. HEIGHT LIMITATION ORDINANCE 291 that has halted construction on the street. Mr. Paine explainedthat the business license for the new fiscal year is no!, due and will be delinquent on August 15, as will the sur-tax for the beautification project. He suggested that some consideration should be extended to the merchants in the 1100 block; they have been seriously inconvenienced, business is at a virtual stand-still and it will take time to make up the financial lossresulting from the Lack of business. The chair suggested that Mr. Paine diEcuss the matter with thecity Manager in an attempt to arrange an equitable solution. COMMISSIONER RESIGNATION Actnowledgment was made of a communicat from Lt. CoI. Robert s. craig subnittinthe civil service Commission effectivecity clerk was requested to direct an a dated July 3, L972,is resignation fromy 3L, L972. Theopriate communication iongh Ju1 PPTto Lt. Col . Craig thanking him for services in the cityrs behalf. SISTER CITY ASSOCIATION APPROVALS warrants: Nos. 750 through 1000, in the amount of $208 1637,95, duly audited, rrere aut horized for palment on motion of Councilman cusick, seconded by councilman Crosby and unanj.mously carried.PayroLl! Checks Nos. 6243 through 5888, in the amount of $229,.40 4.54, for the month of June, 1972, were approved on motionof councilman Cusick, seconded by Councilnan Crosby and unani- mously caried. ACKNOWLADG}'IENTS Police and Fire Departments monthly reports, June, 1972;city Planner report of Planning Conunission meetings, June 26 and JuIy 10, 1972;Minutes: Parking Commission, June 28, 1972; Planning Commission,JuIy 10, 1972. ADJOURNMENT The meeting regularly adjourned at I0:25 p.m. City Clerk APPROVED: R.D. Mart tnr Mayor Pro pore Council authorized an allocation of S300.00 for partial compensati.onof expenses to be incurred by Mr. and Mrs. William Garcia, the cityrs delegates to the United states-Mexico Sister City Association convention in Torreon, Mexico. Respectfully submitted,<**t**aq-