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HomeMy WebLinkAboutMin - CC - 1970.04.20?ftt Burlingame, california April 20, 1970 A regular meeting of the Burlingame City council r+as held on the above given date. 111e meeting vras calIed to order at 8:I0 p.m. by tilayor R. D. Martin. PLEDGE OE AI.I,FGIANCE At word from the Chair, all in the Council chamber arose and gave the Pledge of Allegiance to the FIag. ROLL CALI, I4)on rbll calf, those present were: Councilmen: Anstrup-crosby-Johnson Martin. E:GCI'TIVE SE SSION !{ayor Martin announced thaL Council would retire to the Caucus Room to meet briefly in an executive session to consider saIary and supplemental benefit requests. Council re-appeared at 8:30 p.m. and the regular order of business was resumed. MINUTE S fhe Minutes of the regular meeting of April 6, L97O, sutrnitted to medbersof Council previously, vrere approved and adopted, following a correction noted by the Chair, that councilman Johnson officially opened the initial meeting in the ne$, city HaIl. BIDS - ALTERATIONS POLICE S TATION Bids received and opened April 9, 197O, per bid advertisement, for thealteration to ttre Police Station and all aPpurtenant work, were declared as follovrs: BIDDE R QUOTATION uayta & Jensen San Francisco $4, 994.00 :Ihornton construction San lr{ateo 5,09O.00 uccahey & olson San Francisco 5, 231.00 A. I{oroney, Inc. San Mateo 5,915.00 Ami co Construction Co. San Leandro 6, 093 . 00 Arthur Bros. Inc. San llateo 6,426.OO McKellar & Associates Menlo Park 6, 561. O0 Morris Daley, Inc. Burlingame 7 ,37 5.OO willian Ynlite, Inc. Mi llbrae 7, 841 . OO tihe City llanager advised that the Architect has investigated the lor't bidder and reco[trnends the ahrard of the work to Mayta & Jensen. CALL TO ORDE R 808 RE SoI;JTION NO. 27-70 "A Resolution of A\"rard of contract - Police stat .r_on li lterationsT (uayta & Jensen - 54,9941 was introduced \r Councilman Johnson, who moved iEs pasaage, seconded by councilnan Anstrup and unanimously adopted upon RolI calI. 1. RECIASSIFICATI BAY F RONTAGE PROPERTIES 10 }TATERI.RONT COMI'IE RCIAL Mayor Martin announced that this was the time and place scheduledto conduct a public hearing to consider the reclassi fication of certain lands presently zoned L,ight Industrial (!l-1) to waterfront Comnercial (c-4, as reconunended by the Planning Commission. the public hearing was declared open by the Chair and the city Planner was invited to comment upon the proposed amendment to the Burlingameltunicipal code. The city Planner stated that at the public hearing before the Planning Conunission there were no objections entered either verbally or inwriting and thereafter read the "Findings" of the Conunission andreferred to the Conunission r6solution reconunending the adoption of an ordinance to reclassify hraterlfoDt properties from Light hdustrialto waterfront corMrercial. In reply to an inquiry from Councilman Crosby, concerning the reaction of the developers of the Anza Pacific corp. properties, the City Planner repli.ed that the trtterfront classification initially was projected by Mr. David H. Keyston, Executive vice-President. Mr. Keyston, in attendance, advised Ltrat ttre lands under developmentwill include the dedication of twenty-five foot strip easements, that he would prefer that the land nor occuped by the drive-in theatre beincluded also in the c-4 classi ficat,ion. Discussion arose, initiated by the inquiry of the Chair, concerning thr reclassi fication of the central areas adjacent to the subject property. the City Planner suggested that an appropriate zoning for thisparticular section be considered by the Planning Conrnission for reeommendation to Council at a future datet that r.rith reference tothe drive-in property, a decision was reac;hed riot to foreclose allthe area from industrial usage and that certain properties that donot abut the bay were included in the reclassi fication in the eventthat their future subdivision wi th adjoining properties may classify them as having vrater frontage. f!tr. Will Slocum, a San Bruno resident, questioned whether citizenswill be allcr,red access to the Bay from the Bayshore Highway. llayor Martin explained the efforts of the city in acquiring access easement strips of twenty-five feet from the Anza Pacific Corp. asits shoreline properties are developed and, in addition, public access-t ay agreements that have been executed bet\,reen the city and ovrners of other bayfront properties. Irlr. Kglrston advised of hiE collaberation wi th the County Park Depart- ment on the development of a beautification program for the southerly area of Anza Pacific property. fhere being no furttrer co[finents from those in favor or in oppositionto the proposed reclassi fi cation, the hearing was declared closed. OIDINANCE !Iq.__-915 "An Ordinance Amending Sec. 25.12.01O of theffigame ttuil=Ipa 1 code and the zoning Maps raerein rncorporatedby Reclassifying certain Lands from A r.,ight rndiistrial (M-1) District to a Weterfront commercial (c-4) Distriet" was given its seeond reading and upon motion of councilnan ,rohnson, seconded by counci Iman Amstrup, said Ordinance passed its second reading and IMARTNGS was adopted by the following Ro11 Call votes Ayes: Noes: Absent Counci Imen : Amstrup-Crosby-Johnson-Uartin councilmen: None councilmen i None I{ayor Martin announced that a public hearing had been scheduled in response to an appeal submitted by Mr. C. T. Streamer, concerningthe denial by the Planning Conunission of a variance to permit theservicing of trucks at 1037 Bayshore Boulevard. A communication frmr the city Planner, dated April 15, 1970, advisedof an incident vrhereby the attention of staff was direct,ed to a vehicle maintenance business being conducted vri thout benefit of a business license or a use permit in an area entirely classified as R-41 that in addition, the area is subject to a council approved and recorded contract for a specific planned develo;xnent, wherein a particular portion of the lands would be used for an apartment building. tlhe city Planner referred to t\"ro points at issue: (1) Planning; theexisting building on the property does not meet present-day standards, the yard is unsightly and the type of uses for which the property could be used would not be permitted today in any city wi thour proper paving, fencing and landscaping. (2) Legality: the recorded contract betr^reen the city and !tlr. Oscar Person, the ovrrrer of theproperty, stipulates a particular use, and an approval of a variance,or a use permit, may have the effect of violating the contract irnLess the docurltent itself is amended to a1low interim uses. In an oral report to Council, the City Planner stated that the owner has continued to permit tenants to engage in occupations that arein violation of the zoning code and that Mr. streamer is therefor a "victim" of circumstance. the city Attorney, in replying to the Chair, confirmed the statementsof the City Planner, adding that the property owner is at fault andis not una\,rare that it is an illegal usage and contrary to zoning requirements and that if a variance is to be permitted, it should be accomplished through procedure involving the proPerty ovrner - I{r. Streamer, invited by the Chair to comment, referred to a numberof small businesses located on the property that have been granted a variance and particuLarly to a backhoe operation eurrently occupyinga site adjacent to his operation. Ihe city Planner confirmed that a variance had been granted to the baekhoe company several years ago, subject to termination at such time as apartments were to be constructed as stipulated in the contract. fhe city Attorney hras requested by the Chair to ascertain the validityof the variance granted to the backhoe company. In reply to the Chair, Mr. Streaner stated that he could vacate the premises within a thirty day period and that if necessary, he would voluntari ly vacate. Councilman iIohBBon spoke on her personal- visitation to the subject property wherein she noted five or six other eompanies were engaged in a business and stated that opinion that Mr. streamer should also be permitted to continue to occupy the property. During the ensuing discussion, Council was alerted to the several firms engaged in business within the subject area and the failure of the property oqrner and one of his t,enants to respond when a citation was i.ssued. the City Attorney, in reply to Mayor Martin, suggested that a communication be directed to both I{r. Person and to Morris Daley, the tenant referred to, to appear before Council on May 4. 26$ 2. C. T. STREAME R APPEAI,, RE: VARTANCE TO SER\IICE TRUCKS 26+ Council concurred and an action on the appeal tvas thereafter with- held pending outcome of the conference. I{r. Streamer \das advised by the Chair that he will be notified when the subject is again before Council. COMMUNTCATIONS 1. CITY APPORTIONMENT RE3.'TOPICS " PROGRAM AGREEMENT A communication from the city l{anager, dated April 16, 1970,referred to recent legislation that provides for the implenrentationof the federal Government's "Topics" prograrn and recormnended the passage of resolutions to request the 1969-1970 apportionment andto execute an agreement with the County of San Uateo for thepreparation of an area-wide plan. Council concurred and Councilman Crosby thereupon introduced for passag e, RESOUTTION NO. 28-70 "Resolution of the cit y Council ofthe City of Burlingane Requesting Ehat the State Department ofPublic lilcrks Apportion Funds for the Topics Program " seconded by Councilman Amst,rup and adopted unanimously by noll CaIl vote. RESOLUTION NO. 29-70 "Authorizi ng Executi.on of Agreement Be tr,reenthe c l-ty of Burlingame and the County of San Mateo for the Prepara-tion of an Area-wide "Topics" PIan" was introduced by councilman Crosby, who moved its passage, seeonded by Councilman Johnson and unanimously adopted by Ro}I call vote. 2. TAUBER-ARONS Co I CONDUCT ONE-DAY AUCTION strada Co. ) A cornmunication dated April 14, 1970, was received from Tauber-AronsCo., tnc., advising that on January 26, L9'7O,' it vras granted apermit to conduct a one-day auction for Estrada Uachinery Company, 1281 Whitethorne 9lay on Thursday, January 29; that due to circum- stances beyond its control, the auetion vras postponed and it was n@, requested that a change of date for the auction and the $100.00license fee be transferred to a new auction date of Friday,April 24, 197O. Ihere being no objections, Councilman Johnson moved that theapplication be approved and that the previously issued license betransferred and applied to the new auction date. Itre motion was seeonded by Counej.Iman Crosby and unanimously approved. 3. UILLS ESTATE NO. 27 SIJBDIVI SION ACCEPTED A cortrnunication from the City Engineer, dated April 15, 1970,recalled that the final map and agreement to construct public improvements on llills Estate No. 27 Subdivision was approved bycouncil on July L, 1968; improvements have ncr,r been cfpleted, meeting all requirements, and it is recommended that the subdivisionbe formally approved by Council provided the owners agree to grantto the City a storm drainage easement through Lot No. 6 in the Sub- d ivi sion. A memo footnoted on the conmunication from the City lt{anager, datedApril 16, 197O, concurred with the reconunendation for acceptance. In repLy to inquiries from the Chair, the City Engineer advised thata communication received from the o\^rners' insurance carrier gave asEurance that a maintenance bond r.rould be forthcqning when the dateof acceptnace is confirmed. fihe City Attorney advised that documents are in order r.ri th respect tothe dedication of the drainage easement. 265 RESOIT'TION NO. 30-70 No. 27, Burlingame, Arnstrup, who moved unanimous ly adopted "Accepting Pub1ic Improvements in Mil1s Estate San Mateo, California" was introduced by Councilmanits passage, seeonded by Councilman Johnson and upon Roll caIl. RESOLUTION NO. 3].-70 "Accepting Deed of Dedication of Dri.nage Easement" @.) was introduced for passage on motion of Councilman Amstrup, seconded by Councifunan ifohnson and unanimously adopted ty RoI1 CalI vote. J. III. MqKIE RNAN RE: ACCE SS-WAY ALTE RNAIE A communication from l\tr. J. M. McKiernan, ovrner of a partially vacant building located at 1315 Burlingame Avenue, referred to the recentoff-street Parking District project hearing and to the proposal thathis property be considered as a possible alternate to provide an access-way frorn Donnelly Avenue to Burlingame Avenue. !1r. tleKi ernan advised that the property is not for sa1e, that he has now seven applicants interested in leasing the building and that a prolonged discussion on the matter of the larking District vrould entailfurther loss in rental - Council rras requested by ur. ucKiernan to resolve the issue at the meeting of April 20 and that a letter confirming abandonment be forth- coming so that he may proceed wi th leasing arrangements. the City Attorney stated that the subject matter was continued to June 15, 1970; a public notiee seheduliry the Parking District hearing was published and therefor no action may be taken on this occasion wi thout j eopardizing the continued Parking District hearing. Uayor l4artin recognized Mr. llcKiernan in the audience, and who, in addressing council, advised that his acquisition of the subject property was an investment r that financially, he can il.I-afford long vacancies;the selection of the property as a public access-way discouragespotential tenants and that if not removed from the p1an, he will with- draw his support of the entire Parking District. Mayor Martin re-stated the position of Council in that an action cannot be taken this evening. Iqr. llcKiernan indicated that he would seek his opn counsel on the issue. 5. EI,EMENTARY STUDENTS TO ASS IST IN RNNAMING OF BAYSH ORE BOUI,EVARD A corrununication fron the Burlingame School District, dated April 2. L97O. acknowledged the recomnendation that Burlingame elementary sehool students be invited to help in the re-naming of Bayshore Boulevard and assured Council that the Burlingame Schoo1 Distriet will cooperate in every way possible. Itlayor t'lartin stated that the students would work in conjunction wi th the Charnber of Conrmerce. 6. BAYSIDE PARK COST ESTIMAIES A conununication frorn ltoyston, Hanarnoto, Beek & Abey, Landscape Arehitects, dated April 10, 19?0, submitted a revised cost estimate, as per Council instructions at the last study meeting, to decrease costs in the development of the Bayside Park project. The City llanager vras requested to authorize the landscaping architects to proceed 1. ith final drawings, preparatory to bid and that their suggested changes be included as an additive alt,ernate. The city Manager sras further authorized to obtain a soil analysis ofthe existing fiu as discussed at the Council study meeting. 286 7. COMII{UNICATIONS RECEIVED IN RE PROPOSED PRESERVATION OI,D CITY }IALL Cqnrnunications received from Mr. and l4rs. K. w. Cart.er, I72O Adeline Drive, dated April 10 and from A. L. I{artin, dated April 1I, 1970, concerning their interesc in preserving the old city Hall, vrere acknowledged and placed on file until such time as a eitizens' committee is seleeted to consider ways and means to retain the old ciry HalL. RE SOII]TIONS RE SOLUTION NO. 26-70 "Declari ng Noxious and Dangerous weeds and nubbi sh a Nuisance" and setting forth Monday, May 4, 1970, at the hour of eight, o'clock, p.m. in the Council chanbers as the time andplace to hear objections to the proposed removal of weeds was introduced for passage on motion of counci lman crosby, seconded by Counci Iman Amstrup and unanimously adopted upon vote by RoII Call. fhe City Engineer, in reply to the Chair, confirmed that costs to rellove weeds j-n easements and in aIIe] ays are asEumed b1r the city. PROPOSED WATE R RAIE INCREASE l{ayor }lartin advised that a proposed increase in water rates is theresult of months of study by interested ageneies to reach an amicablesolution to the announced intention of the San Frtncisco Water Depart- ment to raise its cost of supplying \.rater and that the rate increaseshall apply to all consumers, including San Francisco consumers. To coincide lrith the date in whi. ch an ordinance shatl become effectiveincreasing se\"rer rental charges, the date of June 4, 1970, wasselected to pLace the nev, rates for vrater consumption within theCity into effect. RESOLU?ION NO. 32-70 "Rescinding Resolution No. 47-60 and Fixing andEstablishing water Rates" was introduced for passage on motion ofCouncilman Amstrup, seconded by Counci lman alohnson and unanimously adopted upon RoIl CaIl vote. EMPTOYE R-EItlP LOT'EE RELATTONS Ihe Chair announced that in compliance v,ri th a State of CaliforniaStatute, empowering a city to establish a uniforrn method of communi ca-tion between employee and employer, a proposed resolution setting forthguidelines has been reviewed by the several employee associations andis before Council for adoption. RESOLUTION NO 3 3-70 "A Resolution of the City Council of Burlingame Providi.ng For Employer-Employee Relations " r"rasby Councilman Amstrup, who moved its passage, seconded by Johnson and adopted unanimously by RoIl Call vote. the city of introduced Councilman ORDINANCE S - Introduction thereof: ORDINANCE NO. 915 ",An Ordinance Araending Sec. 15 . 08. O7O of the l,tunicipal Charges " was introduced forcode Establi, shing Rates of ser.rer Rentalfirst reading by Councilman Johnson. ORDINAIICE NO. 917 "An Ordinance Repealing Ordinance No. 719 and AddingChapter 15.04, Water Connections afid Fees, to the Burlingame Municipal Code" was introduced by Councilman Crosby and given its first reading. UNFINI S}IED BUSINE SS 1. CATHEDRAL RESTAURANT (Mr . llustard ) [1r. Jack Menzies identified himself to council as oerner of the cathedralRestaurant, re-named recently, "Ir{r. Mustard. " 26+ In reply to Council inquiries, Mr. Irtenzies stated that although changes have occurred primarily by the discontinuance of the salefood, with the exception of 'tlot dogs, " basically the atmospherethe same; a three pieee band provides music, properly amplified,for patrons' dancing only and the operation of the establishmentpatterned similarly to Le Baron's. ofis l-s A motion was introduced by Counci lman Johnson that an amusement licensebe granted to lilr. lilenzies personally, f or an unlimited period oftime. The motion was seconded by Counci lman Crosby and unanimouslycarried. Counci-lman Amstrup reported briefly on his attendance with Mayor Martinat a recent meeting of the High School Board of Trustees, at which time I{r. Robert Thompson, President, Burlingame Chamber of Commerce, appeared before the Board in reference to the status of the proposed "phasing out of Burlingame High School." councilman Amstrup recommended that a cotnmunication be directed to theattention of the School Board of Trustees suggesting a joint meetingto confer on hctu the closing of the school may affect the cdnnunity. Mayor Martin advised that his suggestion to the Board that it meeteither indj.vidually or collectively with members of Council, was metwith little responsei that in his opinion, whatever disposition is made relative to Burlingame High School it will effect the City and communieation therefor between menibers of the school board and Councilis important. Council thereafter concurred with the reconmendation that a letter bedirected to the School Board, under the signature of the Chair, witha request that it meet vrith Council and that council be appraised of ehanges in policy under discussion by the Board. Councilman Johnson announced that itlr. Burlingame Drug Store, has been namedthe City Counci 1. LabTrence Plagmann, proprietor, Chamber of Conurerce liaison to ACKNO!{LEDGEIMNTS the following were acknorledged by Mayor Itlartin : COMMUNI CATIONS - ANNOUNCEIIE NT S 1. Commencement Little League Baseball Season, April 25, 8:OO a.m. 2. Legal Secretaries Association, concerning " Lav, Day" l{ay l, and a "mock trial" scheduled on that day at the San lrlateo City Counci 1 Chambers, follcmred by a luncheon, 3. Forrteenth Annual "Concourse de Elegance" in Hillsborough, ltay 17; 4. california Disaster Office, April J-5, 1970, replying to a request from cities that the Governor proclaim the ocean frontage of San Mateo County a disaster area and advising that "due to the type and amountof danage involved, a proclamation by the covernor is unwarranted i " 5. city of Redvrood City, April 15, 1970, thanking Council for its support in urging the early construction of state co11e9e facilities inthat Cityt 6. I€on J. Rtan, State Assenblyman, April 10, 1970, setting forth his reasons for voting against Aa 43O; 7. California Hiohway Commission, April 13, 1970, replying to a letter fron Council concerning "vista point development as a standard free*'ray design procedure" and advising that "there are areas where it is notpractical to provide vista points because of excessive constructionor right of way costs, etc.;,/ 2. STATU S BU RLINGAME HIGH SCHOOL CIIAMBE R COMIT{ERCE-COIJNCIL LIAI SON e88 8. Coordinating Council Council for its interestcollege in .?edrn ood ci Ly, for Higher in respect Educati- on, to opening April 14, 1970, thanking an authorized state 9. Peninsula water Agency, April 7, Lg'lO, announcingto be held on wednesday, April 15, 1970, at 8:O0 p.m. C ity Council Chambers; itsin next meetingthe San Uateo 10. City l{anager, April 16, 1970, extending an invitation to Councilfrqn congressman !4ccloskey to meet with him on Friday, April 24, 1970, from 7:30 a.m. to 9:o0 a.m., Lyons Coffee Shop, Millbrae, for round-tab1e discussion; 11. Bay Area Arts and crafts cuild, April 6, 1970, soliciting fundsto be applied torrard the purchase of awards to be presented to winningart participants at the fortheoning Fiesta. Ouestioned by Council, the City Clerk stated that within his knowledge, contributions have not been authorized in prior years. 12. Lieutenant covernor Ed Reinecke, March 23, L97O, acknowledgingcouncil's invitation to attend the dedication of the new Burlingrtrecity HaIl and expressing his regret on being unable to attendt 13. Paul J. Constantino, Ilarch 28. L97O, submitting a copy of a letter forwarded to the Business Manager, Loca1 1617, I.w.E.w., suggesting thatthat agency, as a living mernorial to former Mayor and Councilman Welner H. Diederichsen, i lluminate an area adjaeent to the new City Ha1lwith an arti.stic electrical installation arrangement i 14. John J. Brauner, April 4, 1970, submitting his formal resignation as a member of the Planning Corunission. The city Manager was reguestedto acknohrledge the many years service to the city by an appropriateLy- r^rritten conununication addressed to I*lr. Brauner. 15. southern Pacifie Transportation company notice that the SouthernPacific Railroad in conjunction with other railroads has filed with the PUC of the State of California, a request for "authority to cancel round-trip discounts on loca and joint intra-state passenger fares." 16. Ttromas M. Jenkins, Chairman, San Mateo County Council of t{ayors, presenting a comprehensive report on "The Effect of Zoning Regiulations on Residential and Day care Facilities in san Itlateo county" developed as the result of careful deliberations by a community leaders colutrittee, headed by Mr. Kenneth w. van Gundy, former Mayor of the city of San Mateot 17. Burlingame Chamber of corunerce report on serviees rendered by the Charnber of Conuneree to the city of Burlingame, April 1, 1970 through iltme E0, 1970 ; 18. Proclamation - declaring l{eek of APriI 26, 1970" as the period for the observance of "Little League Baseball week; " 19. Telegram, Mayor of the city of Redding, April 17, 1970, opposition to A8908, proposing a fourteen percent tax on the gross revenue from retail sales of aII local public agencies an electric uti li ty t soli ci ti ng annual oPerating 20. A congratulatory message on the completion of the from Leo J. Ryan, As s embl]rman, April 15, 1970; new city HalI, 21. Announcement of the cold April 4 - October 31, 1970; Gate Park Centennial Celebration, 22. Goodwill Industries of San Erancisco, announcing "Goodr^rill Week "April 27, 1970; 23. A reprint frorn the Ios Angeles Times, sunday, April 12, 1970, eoneerrning "rziolenee and raciaL overtones" and its effect on a southern california city. 269 24. Dale Perkins, Art Director, Burlingame Elementary Schools, April 6, 1970, requesting the use of the neh, council Chambers, Monday morning, Uay 5, 1970, for a meeting of members of the San Mateo County Art corrEnittee. fhe City !{anager indicated no objection to the request. 25. Announcement Hilton Hotel, May ofa 20-22 llayors-councilmen Institute at the Iros Angeles , L97O. l- !.{rNUTEs A}rD REPoRTs March activity report from the Fire and Police Departments r lrlinutes from the Planning Commission, llarch 23, the Health, Safety & Traffie Commission, April 9 and the Beautification Conmission, April 2. COUNTY "HOUSING,' PI.AN Mayor ltartin conmented on a report in circulation on the "housing " element of the county ceneral Plan, stating that the rePort is not an action of the Regional Planning Conunission. The city Planner advised that he had attended several of the meetings on a housing plan for san Mateo countyt however, he was not aware ofthe final analysis and recormtendation. PUBLICTY RE: CITY HALL PRESEFS/ATION council reconunended that publi city be given through the Press inviting interested citizens to volunterr to serve on a conmrittee interested in the preEervation of the old City Ha1I. WARRANT APP ROVAL warrants, Month of April, 1970, Nos. 4989 through 5214, in the total amount of $263,553.20, duly audited, hrere approved for palzment on motion of couneilman Crosby, seconded by councilman Johnson and carried. PAYROLL APP ROVAL Payroll warrants, Mareh, 1970, Nos. 10882 through 11408, in the total amount of $166,572.29, were approved on motion of Councilman Crosby, seconded by councilman Amstrup and carried. ADJOU RNI,TENT Tlhe neeting was adj ourned by Mayor Martin at 11:15 p.m. following an announcement that Council would meet irmnediately thereafter in an executive session to diseuss land acquisition in the area of the Broad$ray Overpass. TIERBE RT K. WHITE CITY C I,E RK APP ROVED: R. D. lIA MAYOR rN ye*^tr,Ak-