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
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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
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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.
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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