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HomeMy WebLinkAboutMin - CC - 1973.03.19420 Burlingame, California l,tarch 19 , 197 3 CALL TO ORDER A regular meetj.ng of the Burlingame order on the above date at 8:30 p.m presiding. City Council was , I'layor Victor A called to Mangini PLEDGE OE ALLEGIANCE ROLL CALL Present: Absent: Councilmen: Councilmen: Ams trup-Crosby-Cus i ck-l,langini -Martin None MINUTES The minutes of the regular meeting of March 5 and the adjourned meeting of March 7 | 1973, previously submitted to Council, were approved and adopted. Mayor Mangini apologized for the explaining that Councj.l had been sonnel matters since 7:30 p.m. delay in starting the meeting, in Executive Session for per- HEARI I\iGS PROPOSED PARKING REGULATIONS FOR APARTMENTS AND APARTMENT HOTETS A public hearing continued from the meeting of March 5, f973, to the present time on a proposed ord.inance "Regulatinqr off-Street Parking Requirements Eor Apartments And Apartment Hotels" was continued to the meeting of April 16, 1973, and the ordinance referred to the April study meeting for review. COMt,lUN I CATIONS 1. FLOOD DAMAGE RETIEF Mayor Mangini acknowledged a communication dated March 12 , L973, from Senator Arlen Gregorio wherein reference was made to significant damage in the industrial areas of Burlingame from the recent heavy rains, " and. of feri.ng assistance should the City decide to seek a disaster declaration making the area eligible for federal assistance. The City Engineer reported that during a two-day stretch of exceedingly heavy run off and high tide there vras some flooding of ground floors and basements of buil-dings in the northerly section of East Millsda1e and that he heard of one owner who claimed damage amounting to a few thousand dollars. The City Manager's reconmendation that he write to the proper The city Planner led the assemblage in the PLedge of Allegiance to the Flag. The city Manager, at the Chair's invitation, co[unented on the com- munication, explaining that a businessman in the industrial area, who inquired of his office concerning flood damage relief, may have contacted Senator Gregorio. The Ci,ty Manager stated that he spoke with a federal representative and was informed of procedures whereby the President, upon receipt of an extensive damage report, can order a survey to determine whether or not an area will meet criteria for federal assistance. federal authorities explaining the situation and requesting assistance in procedure was accepted by the Council. Council- nan Amstrup suggested a letter to Senator Gregorio inquiring who brought the matter to his attention. 2. PARKING ENFORCEMENT VEHICLES AUTHORIZED Under date of March 15, L973, the City Manager recommended pur- chase of two Cushman Parking Enforcement vehicles at a total cost of $3,963.97. A report. from the Chief of Police dated March 5 and material describing Cushman and westcoaster vehicles accom- panied the communication. 421 5, L973, the City Manager submitted the f areas for planning utility undergrounding, y Undergrounding Committee at the request In his report, the Chief of PoLice stated that the present three- wheel motorcycles used in enforcing parking regulations (that would have been replaced in the next budget) are completely unsuit- able for prospective female employees; furthermore, the initial cost of the three-wheel parking enforcement vehicle is considerably Iess than a motorcycle, as are operating and maintenance costs. The Chief recommended purchase of the Cushman based on informatj-on received from police agencies currently using both Cushman and Westcoaster - Council authorized the requestee expenditure but directed the City Manager to investigate and compare the t\,ro vehicles with regird to driver visibility after hearing a conment from Council- man Martj.n that plastic curtains used on the Cushman during inclement rreather appear to create a sight hazard. 3. UTILITY UNDERGROUND PRIORITIES In a Ietter dated Marc f ollowing priority lis established by the Utiof the City Council: hItolit 1. old Bayshore Highway (from Burlway south), Avenue (from EI Camino Real to earroilhet) Avenue (from E1 Camj-no Real to California 4. Donnelly Avenue, 5. Bl-oomf ield Road Burlingame Avenue), 6. Hill-side Drive ( Vancouver Avenue), 7. Bel-Ievue Avenue ( E1 Camino Real). 2. Occidental3. oak Grove rive ) , oak Grove to E Camino Real to Road toPr imro se D ( i\tayor Mangini announced that Councilman Amstrup represented the Council on the Corunittee. For the benefit of the audience, Councilman Amstrup exPlained that P.G.& E. allocates funds to the cities to be used for utility undergroundi.g; if approved by the Council, the projects recom- mendei by the Corunitiee will be forwarded to P.G.& E. for considera- tion in their long-range pJ-anning. council heard a suggestion from councilman Martin that the list be sent to P.G.& E. Uui tfrat just the first two items be numbered. When these are comPleted, the Council will have an oPportunity to review and decide whether or not changes may be in order. AIso, the City Engineer reported that Nos. 1 and 2 may take three to four years ta coiplete and that No. 3 could be at least five years in the future. With Council concurrence, Mayor Mangini authorized forwarding the list to P.G.& E., designating only first and second priority. Additionally, the City Manager was requested to inform the Commit- tee of Counail's action and to convey to the members, and to appropriate officials at P.G.& E. the Councj-1's appreciation for their efforts and cooperation. 422 4. ALLEGED BUILDTNG AND ZONING VIOLATIONS Mayor Mangini acknowledged a communication dated March 15 , L973, signed by eight residents of the I00 block of Occj-dental- Avenue and one resident of the 100 block of Costa Rica Avenue citing aJ.Ieged building and zoning violations on the property at l-24 Occidental Avenue. The Councif was requested to authorize an inspection and legal action if violations are found. The matter was referred to the City Manager to arrange for staff inspection. In response to an inquiry from Councilman AmstruP, the City Attorney reported that r"rork is progressing on a revised building code ordinance and that the document may be ready in Aprij-, possibly the meeting on the 16th, for council's approval. 5. CITY MANAGER MEMOS: (a) Library Completion: In a communication dated March 7, 1973, trre r,ibiEifStEp6?E&-:E5 the city Manager on "unfinished Capital Projects. " An addendum to the communication from the City Manager aclv.ised that the items mentioned were not Part of the general con- tract for the nev, library addition. fn response to Council inquiry,, the Librarian confirmed that al-1 of the work is now progressing satisfactorily. (b) of Re Hi h School Swim Pool: creat ron,to eC I ty ana A report from Ray Wagner, Director ger dated March 7, 1973, concerned a recreation department swimming program at Burl-ingame High School and explained that the pool wilL not be available for the entire summer because of a conflict with San Mateo Union High School District's Swim Lesson Program. In his communication, Mr. Inlagner explained that he met with Mr. Campagna, District Swim Consultant, who agreed to shorten his program to six weeks, thereby allowing five weeks of recreation swimming, July 30 through September 3 seven days a week. In an addendum to the communication, the City Manager confirmed that cooperation from the High School District administrat,ion has always been excellent and the policy of allowing the city recrea- tion department use of the pool during the summer will continue. Councilrnan Crosby explained to the audience that an item in recent minutes from the Park and Recreation Commission indicated there might be some problem in connection with the city's use of the pool but the situation has been clarified. (c) San Mateo County Transit Development Project, Citizens Advisory Committee A memo from the City Manager dated March 14, 1973, advised that the city has an appointed member of SMCTDP Advisory Committee but any number can be Members-at-Large and the Council may submit names ofthree interested parties to sit in that capacity. With Council concurrence, Mayor Mangini announced that three very competentcitizens have asked to serve. He requested the City Manager to forward the names of Mrs. Ruth E. Jacobs, 2965 Arguello Drive, Mrs. Kathryn L. Nayl-or, 2ll-0 Poppy Drive, and Mrs. Elinor M. Rusch, I384 Hil-1side CircLe, (d) S.I. Airport Environmental Impact Report Hearing In a communication dated March 15, 1973, the City Manager reportedthat the hearing on the above matter will be held by the San Mateo County Planning Commission on March 28, 1973, in the Board of Super- vi-sors Chambers, time of day to be announced 1ater. Councilman Martin stated that he requested the subject be on the agenda for Council to consider taking an official position on at least two items that will have a direct effect on the City of Bur- lingame and that are not covered in the E.I.R. I 123 Noise impact: Operation changes involving use of runways when the afpoET-s-lllly expanded, extension of runway IL that backs up to Bayshore Ereeway at Millbrae, and proposed takeoff flight patterns will result in increased air traffic and greater noise 5-mpact over the i,tillbrae-Burlingame area; Brisbane, South San Francisco and San Bruno will be affected a1so. Ground traffic: Presently, the volume of vehicular traffic in and @rtcausescongestionon1oca1streets;thevo1umecan be expected to increase proportionately when the airport is at full operation. The EIR addresses itsetf to Ereeway 3BO extended to the airport but makes no mention of the effect that heavy south- bouncl traffic from the airport will have on Old Bayshore, other locaL streets and the three interchanges at Mitlbrae Avenue, Broadway and Peninsula Avenue. His recommendation that the two items be called to the attention of the County Planning Commision with a request that they be considered at the time of the EIR hearing was concurred in by Council ancl the City Manager was directed to forward an appropriate letter. (e) Bay Area Rapid Transit: Acknowledgment was made of a communi- c.ti-o submitting excerpts from a revised draft of BART extension report. The communication noted that the forwarding letter from the San Ivlateo County Transit Developmentproject states "These revised sections reflect comments and input received to date from the Advisory Committee and various city councils and staffs." Commenting on the report, the City Manager noted there is no reference to the special public meeting at the Recreation Center on February 28, 1973, when there was considerable public input from Burlingame's citizens in opposition to BART and its proposals for the Peninsula and this city in particular. Reference was made to a notice of "Town Meeting on the Regional Transportation Plan for the Bay Area" to be held in the DaIy City council chambers 7:30 p.m., March 22. Councilman Amstrup indicated that he would attend. to officially place the City of Burlingame on record in opposition to the P1an. Councilman Cusick requested that if a letter has not been sent directly to Metropolitan Transportation Commission stating the city's position that it be done immediately. RESOTUTION The City Manager, in a coflrmunication dated March L6,1973, submitted a reporl from the Chief of Police concerning an incident wherein Offiler Larry Nofziger "performed a task above and beyond the call of duty in the highest traditions of professional Iaw enforcementll in rescuing Mr. Larry Buffington from the waters of San Francisco Bay north of Showboal Restaurant, following a boat mishap where one man drowned, and assisting PIrs. Buffington to safety after she entered the water in an effort to aid her husband. A copy of a department commendation from the Chief to Officer Nofziger accompanied the communications. The City Manager recommended that the the Officer by resolution and invite for public acclamation. The Council efforts. Council officially commend him to the Commissioners Dinner was unanimous in acknowledging the Officer's heroic RESOLUTION NO. 25-73 "Commending PoIice Officer Larry Nofziger" was lman Martin who moved its adoption, second by Councilman ArnsLrup and unanimously carried on ro11 ca1l. 424 ORDINANCES I. ORDINANCE NO. 983 "Amending Section 3.52.010 (a) Of Thei,tuni@ingThePositionofAssistantFinanceofficer To The Unclassified Servicer" amended on its face by adding "whereapplicable" at the end of sub-section "4-1r" sub-section 4-L as amended to recite: "The head of each department and one private secretary to the head of a department, where applicable" was intro- duced for first reading by Councilman Martin. 2. ORDINANCE NO. 984 "Interim Urgency Zoning Ordinance RequiringspecffiErectionOfCerLainStiucturesWithinCertain DistrictsrEmergency" was before the Council for consideration. Councilman Amstrup, through the Chair, explained that the ordinance was prepared at his request because of public input indicating adesire on the part of the community for tighter controls on height and bulk of buildings. [Ie stated that the ordinance would establishprecise height and lot coverage regulations and require Council'sapproval of any structures exceeding such regulations. The following would be excluded from the provisions of the ordinance: First, Second and Third Residential and Third Commercial Districts becausethere are suitable regulations in these Districts, The City Attorney advised that the ordinance as drawn would require any applicant for a building permit in the non-excluded districtsto come before the Council, including projects where the Council has made an Environmental Impact Report or that are in process atBuilding Department or Planning Commission 1eve1. He cited the I5-story S.F. Airport Towers as an example, pointing out that theproposal for the building was so drastically modified as a resultof t,he E.I.R. hearing that the plans are not yet in form for sub- mission to the Building Department for approval and issuance of abuilding permit. Councilman Amstrup stated it was not the intent of the ordinanceto discriminate against any project. The City Planner reported that two other projects where E.I.R.s were made have not been issued building permits and that a thirdproject submitt,ed to the Planning Department last December is twoto three weeks away from being presented to the Council for consideration of an E.I.R. The City Attorney stated there could be a provision in the ordinanceto t,he effect that it would not be applicable to certain classes of applications. During a lengthy period of discussion, Council and staff exploredthe issue of exceptions and agreed to a series of class exceptions.A request from Richard Lavenstein, Lavenstein & Company, Real Estate, 1310 Bayshore Highway, to except projects where a Negative Declara- tion has been signed by the Building Inspector and posted asrequired by Iaw, was concurred in by the Council. . wasA motioii-introduced by Councilman Martin to amend the ordinance as presented to the Council on its face in the following respects: Section 1. Strike "301000 square feet of gross-floor area" and su6ffi3ogofthetotalareaofthe1otorparce1uponwhichit is constructed." Section 2. De1ete "Third commercial (pro- fessi.onal business) (dT)Tfection 2. Add a new paragraph (2) providi ng that the ordinance shall not apply to pro jects for which application is on file for permit or variance in thepriate department of the city on the effective daLe of the nance, and either (a) Such application has been considered by the Planning Commission, (b) A Negative Declaration hasposted, (c) An E.I.R. has been made by the City Council. appro-ordi-publicly been The motion was seconded by Councilman Amstrup and unanimously car- ried on ro11 call. 125 ORDINANCE NO. 984 "Interim Urgency Zoning Ordinance Requiring A SpecItI Permit, For The Erect ion Of Certain Structures Within Certain District,s, Emergency" was introduced for first reading and adoption by Councilman Amstrup, second by Councilman Cusick and unanimously adopted on ro11 call all members present. There was discussion concerning a proposed S-story office building and parking structure located at the southwest corner of Trousdale and California Drive that has been in the planninqr process in city halI since December, L972. Acknowledgment was made by the Chair of a communication from the City Planner on the subject, dated March 15, 1973, and material submitted by the developer with a coverletter dated March 15, L973. l{ichael a. Darrin, representing the developer, MacDonald, Nelson & Heck, Inc., and Richard Armor,project architect, spoke of extensive planning work that has been completed to date and indicated it may be four months before appli- cation can be made for building permit. The parties were informed by the Council that the project will be subject to the provisions of the emergency ordinance just enacted, requiring approval of a special permit before a building permit can issue. There was discussion also in connection with a proposed Bank of America building at Chapin Avenue and E1 Camino Real. Council was informed by staff of on-going proceedings at the Planning Commission leve1, requiring approval of special permit and variance applications and, eventually, a parcel fl&p, all subject to Council's review and final approval. UNF'INISHED BUSINESS 1510 NEWLANDS AVENUE: The City Planner read a communication from spector dated March l-9, 1973, concerning illega1 conditions in the building at 1510 Newlands Avenue. The matter was referred to the City Attorney to proceed at his discretionin the area of lega1 action against the property. ACKNOWLEDGMENTS 1. A communication dated I'{arch 6, L973, from Natural Resources Corporation, 681 Market Street, San Francisco, requested an oppor-tunity to appear before the Council in a study meeting to discuss a proposal for upgrading Peninsula Suburban Service by using Southern Pacific Company right of way in lieu of the BART p1an. The City Manager was requested Lo arrange for a presentation at theApril study meeting. 2. Communication from M.D. Tarshes, County Manager, concerningdesignation of the County of San Mateo as the appropriate govern- mental entity to oversee comprehensive, coordinated, solid waste management planning for all of the cities in the county. The City Attorney was authorized to prepare an appropriate resolutionfor Council's consideration at the meeting on April 2 including a proviso that each city or management boar ; !?""iatti*?Erin the County shall have repre Ithe Board of Supervisors may d sentation on advisor , group Eha€ ecide to appo n 3. Communication from John R. Ward, 131 13th Avenue, San Mateo, concerning citations received by his wife for overtime parking inthe two-hour lot on Donnelly Avenue. The City Manager was requestedto respond to the letter, informing Mr. Ward of all-day parkingfacilities available to long-term parkers. Councilman Crosby askedfor a copy of the City Manager's letter. 4. i.{otice of meeting of Coolidge School Study Committee, },larch 2-l ,at 4:00 p.m., Burlingame School District Board Room, 1560 Newlands. The City Managier was requested to attend. Councilman Crosby indicatedthat he would attend aIso. 5. Commendation to Officer Roger Erpenbeck frorn R.G.Henon, ofa 29 44 recentCanyon Road, for excellent Po1ice work on the occasion 426 burglary at the Henon residence.Reports: Westbay Railway presentation to Council, March 7, L973 and PoI ice and Fire Departments monthly activity reports. Minutes: Planning Commission, February 26 and Health, Safety & rrE'Iffiommission, March B, L973. APPROVALS: amoun o AP ROVED tor A.14ayor Warrants Nos. 2536 through 2764, duly audited, in the $148 ,309.07 , were approved for payment on motion of Councilman Cusick, second by Councilman Amstrup and unanimously carried.Payroll Checks No. 11576 through 12239, February,L973, in the amount of $235 ,579.42 were approved on motion of Councilman Cusick, second by Councitman Amstrup and unanimously carried. ADJOURNMENT The meeting was regularly adjourned at lOz25 p.m., to an Executive Session to follow immediately on personnel matters. Res ctfully s ted , , I