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HomeMy WebLinkAboutMin - CC - 1971.07.0686 Burlingame, California JuJ.y 6, 1971 CALL IO ORDER ROLL CALL Present - Councilmen:Absent - Councilmen: MINIJ:TE S The minutea of the meeting of irune 2L, 197L, previously submitted to Council, \.rere approved and adoPted. COMMI SSION APPO INTIT{ENT A communication from the city llanager dated July 1, 1971, submitted a complaint filed by residents of the 2700 block of Summi t Drive alleging that a c.rmper truck parked at 2715 Summi t Drive, Partly on the street and partly on the ProPerty, eonstitutes a public nuisance, from the standpoint of traffic safety and neighborhood aesthetics, and should be abated. In his communication, the city Manager explained there was insufficient time for a full investigati.on, upon receipt of the petition; additionally, the main issue would appear to be the location of camPer trucks in residential areas, whether on private ProPerty or the street. llayor Amstrup acknowLedged receipt of a rePort from Sergeant R.J.Ouinn, Director of Traffic, dated July l, 1971, reciting cond itions in the property that led to issuance of an overnight Parking permit, Presentlyheld by the ohrner of the vehicle. fhe report stated that the ohrner has been informed that renewal of the permit will be subject to further evaluation. The City Manager's recommendation that the matter be held for the study meeting of July L4, L97l., for in-depth review was concurred in by Council; in the interim, the city !{anaqer t,rras to request conments from the Health, Safety and Traffic Commission. Ittr. Alan R. Osterling, cf,.rner of the vehicle, hras present and indicated no objection to the delay. 2. NUISANCE CONDITIONS, 2OO IORTON ATIENIE A communication fron. the city Manager dated ilu1y 1, 1971, reportedthat the Health, safety and Traffic commission called attention to nuisance conditions on property at 200 Iorton Avenue, that a subsequent investigation by staff revealed an accumulation of rubbish, junk and weeds, plus several abandoned gasoline tanks, that vrritten reque6ts to the ot ners' representatives to correct the conditions r.rere ignored and that, allegedly, the owners do not have the funds to maintain the Ams trup-crosby-alohnson-Mangini -Martin None A regular meeting of the Burlingame city council was held on the above date. The meeting was called to order at 8:05 P.m., UayorIrving S. tunstrup presiding. PLEDGE OF AIJIJEGIANE At the Chair's invitation the City Planner led the assemblage in the Pledge of Allegiance to the Flag. Mayor Arnstrup announced the appointment of Mr. walter A. r'Jiggs. Ho\rer, 1124 cambridge Road, to the Civil Service Commission. COMMUNICATIONS t. E7 prope rty. The conununication recormnended that the matter be referred to theCity Attorney for the purpose of lnitiatlng an abatement action andsubnitted a suggested form of resolution "For Abatement of Nuisance. " The City Manager furnished Council a series of photographs shovringconditions in the property. Council concurred \ili th the City Attorney.s request that the matter beheld for the meeting of July 19, 1971, at which time he would beprepared to comment with respect to the resolution and other procedures. 3. ZONING AND BUI LDING VIOIATIONS A communication from the City Attorney dated July L, L97L, statedthat Building, Fire and Health Inspectors have discovered an illegalapartment and numerous building regulation violations at 1117 PalmDrive and that both the Building Inspector and the Housing Sanitarianhave issued 30 day abatement notices. fhe communication stated further that the o$rner, Mr. John F. f.ischer,has advised the Building Inspector by letter that it witl be inpossS.bleto meet the abatement notice and that the property has been placedon the market with To$rn and Country Realty. In conclusion, the corununication requested authorization to eommencean injunctive action in order that a l.:Ls pendens may be recorded,of the zoning andrhereby putting any prospective purchaser on- noElcebuilding violations. Tlh9 Clty Attorney informed Council that further action by the citywill depend upon the course of action taken t5r the owner once thecomplaint is filed and becomes a matter of record. A motion r^ras introduced by Councilman Crosby, seconded by CouncilmanJohnson and unanimously carried, authorizing an action to be filedagainst lilr. .rohn F. Fischer to enjoin multiple occupancy of propertyzoned R-1. 4. TEII{PORARY BARRICADE AT CITY PA A letter dated .rune 20, L971, from Pacific Western Contractors, Inc.,475 EL Camino Real, Millbrae, signed by Robert E. Church, project I{anager, requested permission to close a row of parking stalls (7spaces) for approximately 9 months in the city,s parking lot on theeouth side of Donnelly Avenue, as a method of maintaining the optimumof publi.c safety standards during construction on the property itthe southeast corner of Donnerly Avenue and primrose Road, irnmediatelyadjacent to the city's lot. A letter dated \rune 20, 197L, from the City planner explained that thesituation is unusual in that the request applies to a aity-o!,rnedparking 1ot where there is no authority in staff to requiie or allowbarricades or other safeguards that are nonnal in buirding constructionfor protection of the public and, for that reason, the matter wasbrouqht to Council for determLnation. The Letter also pointed out that the city would be named party in theevent of an accident, regardless of rrrhe rA the fault lies lnO lhatsomething must be done to prevent accidents hrhere excavation for theunderground garage will be at least I0 feet below street level atall property lines. Council was furnished copies of a drawing showing the area of theParking lot proposed to be barricaded. councilman !{artin raj.sed the issue of requiring pa}rment from thedeveloper for the privilege of using the city,i property I stating 88 that the procedure is not \"rithout Precedent, he reported that the cities of San Francisco and San ,.Tose provide for a standard fee in their building codes for barricades or street canoPies at conEtruc- tion sites and suggested that the matter be referred to staff for research. Folloering an indication from Mr. Church that the comPany would be amenable to some form of fee, I{ayor Arnstrup requested the City Planner to gather data for Council's consideration at ttre study meeting of .Iuly 14. 5. AIR RIGTITS LEASE A communication dated ilune 29, 1971, from the city Attorney concerning "L,ease of Air Rights - Donnelly Parking Lt" rePorted that the problems are multifarious and exceedingly cornPlex, that PreParation and costs therefor of an appropriate document were discussed with the develoPer and the latter agreed that the costs htere his responsibility and arso that drafting of the document should be done hrlz a law offlce with wide experience in municipal law. The conununication stated further that, as a consequence of such dis- cussions, the develoPer has accepted the firm of Wileon, Jonea, Irlorton and Lynch, which has had Prior experience in drafting Euch a contract for tle City of Palo Alto and has deposited 92500.00 in the city treasury, against which legal fees may be bilIed, the balance, if any, to be refunded to the develoPer. The conununication reguested that council formally aPProve the recom- mended firm for the purPoae. A motion introduced by Councilman Crosby to retain the firm of Wilson, alones, Morton and Lynch, at a maximum fee of $250O.O0, to draft an appropriate document providing for Pacifie western contractors, Inc., t6- teise the aj.r righls over the city-owned parking lot on the south side of DonnelIy Av6nue was seconded by Councilman Mangini and unani- mously carried. The City Attorney explained that, by its action, council has retained the legal firm to rePresent the city's interest--the developer has agreed to pay for the legal serviceE. The city Attorney stated frirther ttritl as attorneys for the Parking DiEtrict, the firm would necessariLy be concerned when exclusiOn of the air rights would come before the- city council for hearing and the mere fact that councll accepted the developers' money and retained counsel for the Purpose of working out an agreement, which may or may not be mutually acceptabl; to the city council or the develoPer, does not indicate the iction of the Citi Council to exclude the air rights of the Parking District at the time that matter cones forth. RE SOII'TIONS I 42-7t "Authorizing Execution of Agreement By And Between e city Oe Burlingame,A Municipal corPoration, And 1rhe San Mateo County Scaveng viding For Tihe collectiocity Of Burlingame " was counci lman .rohnson, seco carried on roll call. er Comp any, A California corPoration, Pro- n And Disposal Of Garden Refuse Within fhe introduced for Passage on motion of nded by counciGan uingini and unanimously o INANCES o NO 937 "An Ordinance Amending The MuniciPal code Of Ehe c tyo Bur ngam e By Adding ChaPt er 13.65 (Abandoned, Wrecked, Dismantled or InoPera And Providing For The Abandoned, wrecked, D of From Private Prope And Recovery Of CoEta Section 22660 vehicle Counci lman CrosbY. tive Vehicles ) ro title 13 (vehicles And Traffic) Abatement And Removal As Public NuiBances Of iEmantled Or InoPerative Vehicles Or Parts There- rty or Public Property Not rncluding Highways, of Administration Thereof As Authorized By code" was introduced for first reading by 89 ORDINANCE NO. 938 "Amend ing Sub-Section 13.36.020 (b) And Adding Sub- Section 13.36.TT0 (p) To The trlunicipal Code Prohibiting Parking On The Northerly Side of CarmeLita Avenue" was introduced for firsE reading by Councilman llartin. oRDTNANCE NO. 939 "An Ordinance Amending sr9.04.10, 18.04.030 Andffiurlingame Municipal. c6de,,Providing ror rhe EstabLishment Of Fire Zones By Withdrawing Parcels "A" and "8" AndA Portion of Parcel 'C' As Shown On That Certain Parcel ltap Recorded On August 19, 1968, in Volume 6 Of Parcel Maps At Page 9, AndIncluding Said Parcels "Ar " "Br " alld Said Portion Of Parcel "C" In- Fire Zone III" was introduced for first reading by Councilman Flangini. _ UNFINISHED BUSTNESS None. !{EW BUSIIIESS 1. ACCESS IO BAYSIDE PARK Mayor Amstrup reported that in a recent discussion with members ofthe engineering staff, the problems of access to Bayside Park,particuLarly in connection with young people who will r,rrant to take advantage of the ballfields when they are compJ.eted, were raised. He stated that he was informed by the Assistant City Engineer, AnthonyRebarchik, of the existence of a large culvert under the freewaythat t,erminates in the area of the park, which is no longer used aspart of the city's storm drain system, and the suggestion rrras madethat perhaps the culvert could be utilized to provide pedestrian aceess to the Park. lrlayor Amstrup invited Mr. Rebarchik to show Couneil the aeriaLphotograph indicating the general area of Bayside Park with respectto the culvert crossing the freeway. Mayor Amstrup stated that the matter will be brought to a studymeeting for discuseion, at which time, hopefully, staff and Councilwill have an opportunity of weighing the merits of the proposal. 2. ART/CT,LTURAL CENTER Council heard an enthusiastic report from Councilmen .Iohnson andMangini on the initial meeting of the Citizens Committee For Art/CuLtural Center held in the City HaLl. on June 29, 19?L. Councilman Mangini stated that the mernbership indicated interestin hearing ![r. Ronald !'. caya, Director civic Arts, walnut creek,and asked that he be invited to speak at the next meeting on,fuly 27. A request from Councilman llangini that an invitation beextended to l'1r. caya by the city Manager, in behalf of council,was accepted and the City Manager was authorized to proceed accordingly. 3. CITY IIALL TOUR Councilman Johnson reported that she met with four separate groupsof art, teachere, who are taking a sunmer course at Notre Dame CoJ.lege,at the City HalL recently and conducted them through the building. ACKNOWI,EDGII{ENTS Communicationg 1. City of Half lrloon Bay subrnitting coplf of its Reso}ution 33-7Lt'supporting coastal legislation in the form of Senate Bill #1354authored by Senator Jamea Wedworth and co-authored tryz AssemblymanArnett. " lfhe City l{anager was directed to for:r^rard a ].etter insupport of the Bilr with a copy to the city of Harf Moon Bay. 90 2. City of Brisbane Resolution No. 71-31 in opposition to SenateBill tto. 190, known as the "California State Community Antenna Television Aet. t' 3. City of Brisbane Resolution No. 7L-32 in o pposition to AssenrblyBill No. 52, concerning the dedication of land and payment therefore. The City Planner reported that a letter has been sent placing the Cityof Burlingame on record in opposition to the BilL. 4. A communication from l,he City Attorney dated JuLy L, L97L,subject "Burlingame vs. Rothstein" advising that an injunctive action was commenced on March 25, L97L, as authorized by Council because of zoning violations, that subsequent inspections by staff revealed thatthe violations have been discontinued and that, consequently, a Requestfor Dismissal of the complaint without prejudice was for,varded to the County Clerk for fiLing on June 29, 1971. 5. A communication from the City Attorney dated ,fune 30, L97L,subject "Mohawk Data Sciences vs. City of Burlingame, et al" advising that the gan Mateo County District Attorney's office will represent the County and each of the cities, including Burlingame, who are parties to the action. 6. Burlingame Chamber of Commerce report submitting prospective expenditures for the period ,Iuly 1 through September 30, L97L, was accepted and approved on motion of Councilman Martin, seconded by Councilman Irtangini and unanimously carried. 7. Mrs. Paul J. HanzLik acknowledgment of "City of Burlingame Resolut,ion of Commendation Upon llhe Occasion Of Her Retirement As Administrator Of The PeninsuLa tttemorial BLood Bank. " 8. l.lr. and Mrs. William CorbelLi, 317 occidental Avenue, expression of appreciation for services rendered by Street and Sewer Department personnel upon the occasion of an emergency. 9. Request from PrisciLla Storms, L232 Floribunda Avenue,for assistance in terminating weekly deliveries of advertising brochures that are placed on the doorknobs of apartment units and homes. The point was made that when the occupant is away an accumuLation of such material can create problems. llhe City Attorney reported that the mattercities on the Peninsula and suggested thatthe study meeting on JUJ-y L4. of some coneern among be discussed further atisir 10. Communication from Burlingame Civil Service Employees' Association,Inc., signed by B. Good, Secretary, expressing aPpreciation for the recent salary inereases and fringe benefits granted by Council. II{INUTES Planning Commission, June 28 and Citizens Committee forTrEffitural" cenLer, June 29, 1971. ADJOURNI.{ENT fhere being no further businees for transaction, the meeting was regularly adjourned at 9:05 p.m. Respectfully sutxnitted, Herbert K te PROVED: rving S. Mayor trup City Clerk