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HomeMy WebLinkAboutMin - CC - 1973.06.18497 Burlingame, California June 18, L973 CATT TO ORDER A regular meeting of the Burlingame City Council was called on the above date at 8:30 p.m., Mayor R.D. Martin presiding. PLEDGE OF ALLEGIANCE The City Clerk 1ed the Pledge of Allegiance to the FIag. ROLL CALL to order I Present : A.bsent : Counci- lmen : Councilnen: Amstrup-Cro sby-Cus ic k-Mang i n i -Mart i n None The minutes of the regular meeting ofof June 6, 1973, previously submitted adopted . June 4 and the adjourned meeting to members, r.rere approved and PRESENTATION IN RECOGNITION OP COMMUNITY SERVICE celestino Ronpli and Gian Simonetti, Coach and Assistant Coach, respec-tively, of the Burlingame Soccer Team, rdere presented plagues by Mayor Martin on behalf of the Burlingame Police Association, inscribed as follows: "For your outstanding efforts in the interest of theyouth of the coNnunity, I973 California State Soccer Champions, Burlingame PoIice Association. " Mayor Martin conveyed the Council's appreciation forspirit evidenced by the gentlemen and they expressed upon being so honored. the comunity grat i f ication ACKNOWLEDGMENT Mayor Martin acknowledged a conmunication from AI Russell, Chairman, "Burlingame Days Parader" thanking the Council for its participationin the parade and mentioning the cooperation and assistance received from sergeant James o'Brien and his traffic officers. The communica-tion stated "The Lionrs CIub is acknorrledging their fine efforts and, hopefuLly, the ci.ty Council hrouLd r{ish to commend Sergeant o'Brien and his colleagues for their outstanding efforts and contributionsto the City of Burlingame. " The chair requested the Chief of Police to convey the message to sergeant OrBrien. AUCTION PERMIT - C.B. CHARLES GALLERIES, INC. In a communication dated May 22, L973, C.B. Charles, 825 Woodward, Pontiac,/Bloomfield, Michigan, made application for a license to con-duct an estate auction on October 8 through 11, 1973, at the Hyatt House, 1333 Bayshore Highlray. The conmunication included a resume of character, personal and business references. A report dated June I8, 1973, from carl M. Lollin, Chief of Police, Burlingame Police Department, signed by Lieutenant James A. Clark,Administrative Services Division, advised of contacts made to date, including a telephone conversation with Mr. Charles, duri.ng theinvestigation procedure reguired by code. The report stated "We have learned that Mr. Charles has obtained pernits in the cities of San Diego and Los Ange1es, and with that information in mind, I fore- see no difficulties in concluding our investigation within the next day or two. At this time, we have nothing of a derogatory nature on the applicant, and find no reason for objection of issuance of MINUTES IL 49t\ the permit. " Mayor Martin recognized Mr. Charles who responded to a series ofquestions raised by the Council. He advised he has been in the fieldof auctioneering for 16 years and sole owner of C.B. Charles Galleri.es since 1959, specializing in estate auctions. Personal property is obtained from a number of sources, including individuals, banks,attorneys, insurance companies, and then assembled for one large sale. The property consists primarily of household items, paintings, fur-niture, crystal, porcelain, silverr^rare. He stated he has been lnter- ested in holding a sale in the San Francisco Bay area and the City -lof Burli.ngame hras recornmended by the representative sent into the area to assess suitable localions. Mr. charles stated that a complete catalogue will be submitted r,eel1 in advance of the sale, describing in detail every article to be auctioned . Councilman Crosby introduced a motion approving issuance of a permitto C.B. Charles dba C.B. Charles Galleries, Inc., Pontiac,/Bloomfield ,Michigan, to conduct an estate auction October I through 11, 1973,at the Hyatt House, 1333 Bayshore Highway, subject to a favorable recomendation from the Chief of Police upon completion of hisinvestigation. The motion was seconded by Councilman Mangini. On the question, Councilman Amstrup explained he did not intend toquestion Mr. Charles's integrity nor reputation but, in the past, the Council has resisted this type of activity out of considerationto merchants and business establishments in the city. He recalledthat a permit was denied a business man who wished to conduct anauction in the Old Bayshore Highway industrial area. The motion was thereafter declared carried on the following ro11 caII: AYES: COUNCILMEN: Crosby-Cu s ick-Mangini-Mar tin NOES: COUNCILI1EN: Amstrup ABSENT COUNCILIIEN: None The City Attorney referred to some of the questions asked by the Council duri.ng the discussion, explaining the code requires uponapproval of a permit by the City Council, and prior to issuance ofa license, that the permittee file with the City Clerk a corporatesurety bond in the sum of $5,000.00; additionally, there shall befiled rrith the City Clerk an inventory of goods to be sold, the source of such goods and the value. I,lr. Charles declared his intention of complyi.ng with all city require- ments , HEARI NGS SPECIAL PERMIT APPROVED CONSTRUCTION AT 15 ANITA ROAD Mayor Martin announced a public hearing on the application ofDick Bullis Chevrolet, I00 California Drive, to erect a structureat 15 Anita Drive exceeding 1ot coverage limitations recited in Emergency Ordinance No. 984. Supporting naterial accompanying the application for Special Permit incl.uded design studies and Environmental Impact Report prepared by -,Clifford Harding, project architect, (city's file No. EIR 20-P). i The City PIaDner, 5,n response to the Chair, reported there are noproblems with respect to zoning, this is C-2 property and the useis permitted. He mentioned that the center of Anita Road marksthe boundary between C-2 and R-3 Districts, also, the application comes directly to the Council, as provided in the emergency ordinance. There was no review by the Planning Commission, nor has staff beendirected to make specific review. ?he Chair recognized Mr. Itarding. He explained that the proposed l -199 structure, intended for automotive storage and repairs, will occupyI00t of the land. The site is approximately one acre, 310 feet onAnita Road and 75 feet on Peninsula; actual need is three acres of service-storage facilities and, for that reason, the multi-Ievel structure is proposed. Referring to the drawings, Mr. Harding reviewed "Ground Floor, 2nd Floor and Roof Plans, " advising that theplant erill be self-contained, with aII service areas under cover, only roof parking will be open. ?he buiLding will be Type II, ful1ysprinklered, complying with building and fire codes. Mr. Earding stated there wiII be some increase in traffic on Anita Road and on Peninsula Avenue by reason of vehicles coming in for service and movement of new cars to the sales area on California Drive. He stated that all service facilities will be relocated to the new building and, in time, the existing building on california orive will be used exclusively for new and used car sales. with reference to traffic exi.ting on Peninsula Avenue, Mr. Harding noted that page 3, paragraph 7 of the E.I.R. recites "The area ofgreatest concern of automotive traffic will be exiting on to Penin- sula Avenue. This can be controlled by a right turn only technic. "In response to the Chair, Mr. Harding indicated no objection to a condition restricting such exit to right turns only. Councilnan Amstrup asked if cars parked on the roof level will be visible above the building. Mr. Harding responded in the negati.ve, exp}aining that a building parapet 4 feet in height will create an effective screen. Councilman Mangini referred to page 3, paragraph 8 of the E.I.R. con- cerning removal of some of the trees on the property. Mr. Harding confirmed it will be necessary to remove three EIms because of con-flict with proposed driveways; treatment of the remaining five trees cision of the Park Director. r.rhether trimmeded. Further in response to councilman ed there wiII be ample area on the premises off the street; there should be no need e street, nor for parking on the sidewalk. Councilman Cusick asked if landscaping can be expanded with additional low plantings against the building, including some arrangement on Peninsula Avenue. Mr. Harding indicated willingness to confer with the Park Director. In response to Councilman Crosby, Mr. Harding confirmed that theproperty at one time was owned and used by Tidewater Associated oil Company as a distributing plant; more recently, it has been used for net, car storage. Responding to Councilman Crosby's comments withrespect to proper maintenance of planted areas, Mr. Harding stated these will be irrigated regularly. There were no conunents from the f1oor. closed. The hearing was declared will be subject to the de and maintained, or replac I'tangini, Mr. Harding statfor customers to drive infor cars to line up on th RESOLUTION NO. 5I-73 "Making Environmental Impact Report, EIR 20-P,ffici1itywithE1evatedStorageand-ParkingDecks, 15 Anita Road (Dick BuIIis Chevrolet) was introduced by Councilnan Crosby who moved its adoption with the following modificatj-ons: 1 2 Three existing EIm trees to be removed because of inter- ference with proposed driveways; renaining five E1m treesto be pruned by the owner, or removed and replaced withother trees, depending upon the advice of the Park Di.rector. In conference with Park Director, increase on-site land- scaping on both Anita Road and Peninsula Avenue frontages; extend planted areas to include space betrdeen curb and side- walk . I 500 3. Traffic at Peninsula Avenue exi.t to be restrictedturn movements. to right The motion was seconded by Councilman Mangini and unanimously car-ried on ro11 caIl. On a motion introduced by Councilman Crosby, second by Council- man Anstrup, the application of Dick Bullis Chevrolet to constructa building covering more than 30t of the lot at 15 Anita Road xras unanimously approved on roll call, subject to conditions recitedin Resolution No. 5I-?3, Eihibit A. COMMUNICATIONS 1. REVOCABLE PERIT{IT FOR DRAIN LINE, BARRACO RESIDENCE In a conmunication dated June 5, 1973, Mrs. Carol J. Barraco, 1564 Alturas Drive, requested permission to extend a drain line fromher property across city-orrned land to an existing catch basin, adistance of approximately 250 feet. A sketch prepared in the Officeof the City Engineer accompanied the conununication, showing the area involved . In response to the Chair, the City Attorney explained that his office should be directed to prepare the necessary documents if it isCouncil's desire to grant the request. The City Engineer stated there is a problem in connection with drainage of roof leaders and paved areas, rrhich the or.rners hope tocorrect by connecting to the existing drain. He suggested that the Council may wish to consider either a grant of easement or a revo- cable permit. Councj.lman Mangini asked who wouLd be responsible for maintenance. The City Engineer stated this is a private drain, which the city should not be obligated to maintain. The form of agreement betweenthe city and the owners should include such a condition. The City Attorney reconmended issuance of a revocable permit,pointing out that the alternative appears to be an easement for a number of years. The City Attorney, responding to guestions from Councilmen Cusick and Amstrup, explained there are revocable permits in existence issued by the city and the city, itself, has such permits from the city and county of san Franciscoi to his knowledge, the city has never revoked a permit. In the present situation, there is a piece of land which the city contemplates will endure forever.In protecting the interests of all of the people, the city doesnot grant a right that rdill last forever, but which may if theright of revocati.on is not exerci.sed. The agreement can be $rrittento provide for the owner to pay costs if the city finds it neces- sary to have the pipe removed. Mayor Martin commented it is to the city's advantage not to have the water running over the land. (continued to Volume 12, page I) A motion introduced by Councilman Crosby to approve the request ofMrs. Carol J. Barraco, 1564 Alturas Drive, to install a drai.n line across city-owned property, in accordance r.ri th her conununication of June 5, 1973, and the sketch attached, and directing the City Attorney to prepare an appropriate document for the Council's con-sideration, was seconded by Councilman Mangini. Mrs. Barraco explained that a city inspector, who visited theproperty recently after application was made for a building permit, discovered an improper drainage condition and it lras at his recom- mendation that the present request was submitted to the Council.Mrs. Barraco inquired about the consequences should the permit be regoked at some future time. I(June 1 volume 8, 16 1973 - continued from , Page 500. ) The motion to approve was carried unanimously. Mrs. Barraco was requested to have the contractor meet t ith Engineer.the City 2. PER.}IIT TO OPERATE SERVICE VEHICLES EXCEEDING LEGAL HEIGHT LIMITS ON CITY STREETS, UNITED AIR LINES Acknor,rledgment was made of a communication dated June 8, 1973, from Frank M. Murdock, Manager of Station Operations, United Air Lines,requesting a variance for movement of certain vehicles between theairport and the company's commissary at 845 Stanton Road. The com-munication advised that the vehicles are used to service the wide-bodied DC-10 and Boeing 747 aircraft and, when loaded, are 15 feet7 inches high, I foot 7 inches over the height permitted by theState Motor Vehicle Codei trucks travel betlreen the srest entranceof the airport, south on Old Bayshore to Stanton Road, and thenlrest on Stanton to the commissary, no portion of the route involves movements under any bridge, viaduct or overpass, the state code makes provision for variances. Attached to the communication wasa report from the San Mateo County Safety Council citing six agencieswhich disclaim responsibility for movement of such vehicles in the area specified. In response to a question from Councilman Cusick, the City Attorney advised that the city will not accept liability if the request isgranted because the vehicle code authorizes cities to grant suchpermits as long as the grant is confined to city streets. The City Attorney reported that each vehicle nust carry a copy ofthe pernit issued by the city. His recommendation that the natterbe continued to allo$, for preparation of a form of permit for Councilconsideration at t,he next meeting was accepted. 3. RELEASE DOCUIT{ENT PORT COSTA PRODUCTS COMPANY Under date of June L4, L973, the City Manager submitted for Councilapproval the agreement required to be executed bet\reen the city andother parties in connection r,rith paving bricks used in the Burlingame Avenue Beautification Proj ect. RESOLUTION NO. 45-73 "Authorizing Execution Of Release To Port Costa Products Company And To Masonry Supply Co., Inc., Corporations" wasintroduced by Councilman Crosby, r,{ho moved its adoption, second by Councilman Amstrup and unanimously carried on ro11 call. 4. ABANDONED VEHICLE ABATEI{ENT PROGR,AI,T In a conmunication dated June 13, 1973, the City Manager recommendedthat a contract be-aCalifornia Highwayfa ment Program whereby uthor i tSPrpa the c zed between the city and the Department ofrticipation in the Abandoned Vehicle Abate- ity can be reimbursed under a ner{, State lawfor its annual operationat and administrative costs for abatementof such vehicles. A sample contract r,,ra s submitted. In responding to Council questions, the City Manager explained thatthis is a Stdte-wide program and Burlingame may or may not receivefuLl reimbursement for its costs, depending upon funds available andthe total number of vehicles abated. RESOLUTION NO. 46-73 "Authorizing Execution Of Agreement With ThegEaEe Of e-llfornla Acting By And Through The Department Of California Highway Patrol, Abandoned Vehicle Abatement Program" was introduced by Councilman Amstrup, who moved its adoption, second by Councilman Crosby and unanimously carried on roll call. ,) 5. EWIROTECH CORPORATION CONTRACT RENEWAL RECONVENE COMMUNICATIONS (cont.) 7. SIDEWALK REPAIR PROGRAM ACCEPTED In a cornmunication dated June 12, L973, the Director of Public ylorks advised that Barneyrs concrete has satisfactorily comPleted the lrork of sidewalk repair in accordance with the contract and recommended acceptance of the project. In an addendum to the communicatl'on, the city Manager concurred in the recommendation. RESoLUTION No. 49-73 "Accepting Annua1 Sidewalk Repair Program, ffi2-14,'wasintroducedbycounci1mancrosby,who moved its adoption, second by Councilrnan AtnstruP and unanimously carried on ro11 call. 8.PUBI.,IC HEARING SCHEDULED - CONSERVATION ELE},IENT, GENERAL PLAN Acknowledgment $ra6 made of material presented by the city Planner in connection with the Planning Commissionrs approval of the proposed Con8ervation Element of the General Plan. Following advice irom the City Attorney that the city will not be subject to Punitiveactions if il fails to meet the June 30 deadline for adoption of the Element, Mayor Martin, $rith council concurrence, scheduled the matter for hearing at the regular meeting of the Council on JuIy 2, 1973. 6. The City Manager submitted for Council consideration the form of agreement to be executed between the city and Envirotech CorPora- tion for maintenance and operation of the Treatment Plant for the period July 1, 1973 through June 30, 1975. In his communication, Lne city Manager stated it ls obvious from the rePort furnished by the Director of Public works that the city, if it were operating the plant, !,rould have to pay out as much as or more than the increase requested by Envirotech; furthermore, in a conference with John Gibbs, manager of Envirotech operating Services, the latter agreed to a two-year contract, with a flat 7t increase the first year and 6t the following year. RESoLUTION No. 47-73 "Authorizing Execution of Agreement with @n" rras introduced by councilman crosby, who moved its adoption, second by Councilman Mangini and unanimously carried on roll call. Following a recess at 9:50 p.m., the chair reconvened the meeting at 10:05 p.m. 6. AGREEMENT SAN MATEO COUNTY CONVENTION & VISITORS BUREAU Under date of June 13, 1973, the City Manager recommended execution of the annual agreement with the Convention & Visitors Bureau for the Fiscal Year I973-74. In response to council inquiry, the Director of Finance rePorted that the city's pa]rment during this fiscal year aPproximated $15,000.00, --for the coming year it may be S19,000.00 to $20,000.00. I Councilman Amstrup stated the new budget will total S180,000.00. Ee reported the bureau has proved to be a good investment; because of professional expertise. the volume of conventions corning into the county has increased considerably since the bureau has been in existence. RESOLUTIoN No. 48-73 "Authorizing Exeeution of Agreement Between @ntion And visitors Bureau And city of Bur- lingame For Promotional services" was introduced by Councilman Cusick, who moved its adoption, second by Councilman Amstrup and carried unanimously on ro11 call. o;t lOO BIOCK OF ARUNDEL ROAD The city Planner submitted Planning Commission Resolutions Nos. 2-73 "Making Environmental ImPact Report' EIR 17-P" and 3-73 "Recommending The Adoption Of An ordinlnce," both pertaining to an application for reclasslfication of five properties on the westerly side of Arundel Road in the I00 bLock from R-I to R-3A. A public hearing was scheduled for the meeting of JuIy 2, L973. RESOLUTIONS 1. RESoLUTION No. 50-73 "Regulating Parking on Lot F Burlingame AvenffirkingDistrict,,\.'asintroducedbyCounciI- man Crosby, who moved its adoPtion, second by Councilrnan Mangini and unanimously carried on ro11 ca1l. 1. oRDINANCE No. 990 "Arnending Section 25.70.030 (b) Title 25 (zonE)tj-t?-EEffi iiiEipalCodeRegulatingof f -streetParking iequir;ments For Apartments, APartment Hotets And Condominiums, " am6nded on its facL by changing Section I, sub-paragraph (2) to read "For each dwelling unit coniainii'{-ffiTEarooms or two "potential" bedrooms, there shaIl be provided at least two parking spaces" was introduced for first reading by Councilman cusick. ORDINANCE UNFINISHED BUSINESS 1. JOINT POWERS AGREEMENT, WASTEWATER MANAGEMENT PROGRAM Copies of the revised document were distributed by t who requested that the present meeting be adjourned June 20, for the purpose of taking an actj.on authori the agreement. he City Attorney,to wednesday, zing execution of 2. DETACHMENT FROM SAN MATEO COUNTY HARBOR DISTRICT In response to councilman Mangini, the City Attorney reported the application has not been filed by Burlingane as yet. Because a com- pliint has been filed against LAFCO by the Harbor District, he would prefer to assess this action before fiIing. 3. 1976 U.S.A. CENTENNIAL COMMITTEE Mrs. Natalie Lanam and A. Woods Giberson have been named by the Council to represent the city of Burlingame. 4. II BU RLINGAIqE STEPS II - EASTON DRIVE The City Manager waE requested to submit a rePort on this matter at the ,ruly study meeting. 5. PENINSULA WATER AGENCY MEETING Councilman cusick asked if the hearing could be Postponed to the second meeting in Ju1y, because the holiday weekend may make it difficult for people to attend the JuIy 2 meeting. The City Attorney expressed the opinion that a delay of two days beyond the June 30 deadline would not be serious but he would prefer not to postPone for another couple of weeks. 9. PUBLIC IIEARING SCHEDULED RECLASSIFICATION OE PROPERTIES Councilman Amstrup reported on his attendance at the recent meetlng r,rhere one of the primary topics of discussion was water supply for San Mateo County when the present contracts with San Francisco expire in 1979. There is a desPerate need to study the vrater situa- ti-on in the next few years and this, of courserwill require funding to have a plan preparEd. Mayor Thomas Jenkins of San Carlos intends- 4 I. PARKING OF COMMERC IAL VEHICLES ON GASOLINE SERVICE STATION SITES Councilman Crosby raised the issue of service station operators not being permitted to park commercial vehicles on their Property. I1e statad the matter was brought to his attention by the oPerator of the Phillips station at Park Road and E1 Camino. The city Planner explained that a resolution adopted by the Planning Commission several months ago found that such parking should not be allowed as a matter of course but subject to CoNnission approval . He reported there was a request from a Planning Commissioner that the people at the PhilJ.ips station be informed of the Commission's policy. During a period of Council discussion, there apPeared to be a con- sensus that there is no authority in the Planning commissLon to enforce such a policy unless endorsed by the city council. 2. NOTICES OF PUBLIC HEARINGS In response to an inquiry from Councilman Cusick concerning notices of hearing on the two matters to be heard at the JuIy 2 meeting, the City Attoiney reported there will be no difficulty in arranging for newspaper publication. Ile recommended that selection of a legal nerrrspaper for the city, replacing the Advance Star, be exPlored at the July study meeting. REPORTS 1. FINAL PAYMENT TO CONTRACTOR, BAYSIDE PARK IMPROVEMENTS I The Clty Manager reported on this subject in a memorandum dated June ]4; 1973: The City Attorney stated he has not completed his investigation as to h,hether liquidated damages are available to cities. 2. PROCEDURES FOR ENVIRONMENTAL II|TPACT REPORTS The city Plannerrs communication dated June 14, 1973, was referred to the July study meeting. 3. TREASURERIS REPORTS ORDINANCE NO. 99I "Adding Chapter 10.60 (Prohibition Of Nudity In ffiE[:fc-Eft65)-Eo Title 10 (Public Peace, Morals And Safety) of The Municipal Code" man Amstrup. was introduced for first readinq by Council- ACKNOWLEDGMENTS coNnunications: H. Richard o'Hara, 35 Mosswood Road, Hillsborough, Effi'e-T,-TfEl-avoring c.D. Allen Natural Resources corPoration MASS TRANSII PIan as opposed to BART. P. Everett Terminello, President, Peninsula NatioEI h*,, conments regarding parking needs and future grotrth of downtown area. neport and- survey prepared by Burlingame Police officer, James L.Eld- redge in connection with a course of study at College of San Mateo. to bring the matter to the attention of the San Mateo county Councilof Mayors. Councilman Amstrup commented i"t is within the realm of possibitity that recycled sewage water may be used for domestic purposes at some future time. NEW BUSINESS The city Clerk,/Director of Finance hras requested to obtain detaif on the sum of money designated "Inactive." INTRODUCTION OF ORDINANCE Chief of the Fire Department "Analysis of Pire Cadet Program." Expressj.on of appreciation from Gerald D. Pera, Mayor, City of Half Moon Bay, upon being selected to serve San Mateo county as alternate delegate to- Executive conunittee of Association of Bay Area Govern- ments . Alex soloschenko compliments on Burlingame Avenue Beautification Proj ec t . R.R: Miller, 1105 Dufferin Avenue, protesting "no left turn" sign on Trousdale near Burlingame Plaza. Three ]etters and one pelition requesting resolution of traffic problems on Trousdale Drive.-ongressman teo J. Ryan comments regarding BART in san l{ateo County . Busin-ess and Transportation Agency announcement of "Governor's Symposium on TransPortation, Sheraton-Universal llotel, los Angeles, June 25, 1973." Minutes of meeting regarding "A Bicycle-Hiking Trail Along Skyline Boulevard . " 5 f S455,159.37, duly ouncilman Cusick, ied . councilman Amstrup referred to the Bill introduced by Assembl)man Knox $rhich would create a new regional agency' possibly assume functions of ABAG and include t'leiropolitin Transportation Commission and the Bay Area Sesrer service Administration. Mayor Martin stated that ABAG Las asked for some amendments, including one that tdould make ABAG the umbrella authority. AB 20 40 BAY AREA REGIONA], PLANNING AGENCY APPROVALS warrants: Nos. 3275 throuqh 3514 in the amount o audited, were approved for pa)ment on notion of C second by Councilman AmstruP and unanimously carr Payroll: Month of May, 1973, Checks Nos. 13604 through 14273 in the Em6unE-ot $286,521.741 'were approved on motion of Councilman cusick, second by councilman Amstrup and unanimously carried. ADJOURNMENT The meeting regularly adjourned at 11:15 p.m., to reconvene on Wednesday, June 20, t973, at 8:00 p.m., for the purPoses of con- sidering Joint Povrers Agreement-wastewater Management Program, and other business that may be presented. Respectfully submitted, er er t v c er APPROVED: R.D. MARTIN, MAYOR