HomeMy WebLinkAboutMin - CC - 1971.10.04131
Burlingane, California
October 4, L97L
CALL TO CR DER
A regular neeting of the Burlingame City Council was held ondate. The meeting was called to order at 8:OO p.m., by tr{iayor
Anstrup.
the above
Irving S.
PLEDGE OF ALLEG IANCE
At the Chairts invitation the City Planner 1ed the assenblage in thePledge of Allegiance to the FIag.
ROLL CALL
Present - Councihnen:
Absent - Counci lnen:
Ams trup-Ctosby- Johnson-!,bngini - rrlar t in
None
I,IINUTES
The ninutes of the neeting of Septenber 20, L97L, previous ly submittedto Council, were approved and adopted.
PRESENTAT ION POLICE DEPARTMENT PERSONNEL
Chief of Police lrllin introduc\ed the newest neniber of the departnent,Police Officer Randall R. Stults. In welcorning Officer Stults intocity service, Mayor Arns trup coDveyed Councilrs congratulations and
wishes for a long and pleasant association.
B IDS
1. COMRACT AITIARD
Bids for resurfacing niscellaneous city streets by the heater renix
method, opened at 1O:3O a.n., on Wednesday, September 29, Lg7]., at10:30 a.m., in compliance with published notice, were declared asfollovrs:
B ID DER TOTAL BID
Lowrie Paving Conpany
Fr eenan- Sondgroth
Pionbo CorporationFisk, Firenze & l,lct€an
$39 ,369.25
40, 836 , OO
42 ,067 . sO
44,553 .50
Engineer rs EstiEate $39,580. oO
apommunication from the Director of public works, dated Septe[ber 29,
recomnended that the contract be awarded to the lotf,est responsibre bidder,I-owrie Paving Corqrany, in the anount of 5391369.75. In an addendun tothe conmunication dated Sept enber 30, the City t4anager coDcurred in the
!ecommendation.
For the benefit of the audience, Mayor Anstrup reviewed the bids briefly,explaining that the low bid was slightly under the engineerrs estimate.
R ESoLuf roN No. 53-71 "Awarding contract For Resurfacing MiscelraneousCity Streets-Job No. 7I-2,, (Lowr ie paving Corpany, Inc., S39,369.75)was introduced by Councilnan Johnson, who rnoved its adoption, secondedby Counciluan l,tangini and unanimously carried on roll call.
HEAR ING (continued fr om neeting of Septenber 2c , L9?I)
1 AGR EEMENI BY I'UIS A. STATES TO REMO,/E ILLEGAL USE
1355 PAI.OMA AVENUE
Mayor ArEtrup acknd,,rledged a connunication dated September 3c , ]-g7l,fron Clark A. Barrett, Attolney at taw, uith reference to an applicationfor variance filed by r'rr. and !Es. Loui s A. states, 1355 paroral Avenue,
RESI.A FACING TIISCELT.I\NEOUS CITY STREETS
132
which variance was the subject of a hearing before the City Council at
the meeting of S€pt enber 20, L971.
fn his comnunication, t'tr. Barrett stated that as the result of a nurnber
of conferences since the last cogm6tlilEtq+igga 8lt\,"Urlt"gg.1q{d$rgi$Irr"the cityrng$gEteE pq* lE s tltAg:y*" pr@ate.I'to -Ol-rrantee tnat the pr€senf
"illega1 oi' noncon?oiming -t."-. existing by virtue of the intrusion of the
o<isting structure into the setback area, r,rill be eliminated by renoving
the westerly wall of the structure within one year, and to provide fora
corporate surety bond to guarantee to the city that the work will be sat-
isfactori ly corrPleted.
Accoryanying the conmunication was a proposed forrn of agreement to be
executed by the City of Burl ingane and by !4r. and l,lrs. States' providing
for r ernoval of the portion of the westerly side of the structule at
1355 Paloma Avenue which is within three feet of the property line and
reconstruction of the ual1 in corpliance with applicable codes; and, pro-
viding further, in consideration of the agreement, that the City of
Bur lingane authorize and direct issuance of the building pernit for con-
struction of bathroom facilities as previously applied for.
t't. Barrett filed with the City Clerk a performance bond issued by
Transamerica Insurance Group in the anount of S2ooo.oo' guaranteeing
the specified removal and reconstruction.
!,Iayor Anstrup invited coDrments from counci.l.
In response to a question raised by Councilman Johnson concerning install-
ation of the proposed bath facilities, l,E. Barrett explained that I'k. States'
in posting the bond and o<ecuting the docunent, is requesting imaediate iss-
uance of the building perrait for the bath facilities.
Mayor Anstrup asked if the bond would renain in effect should the Proper-ty be sold. The City Attorney rnade reference to legal procedures that
uould be involved in the event of default by the States' explained that
a performance bond is not a panacea but that he was satisfied in the pre-
sent situation that the written agreement with the property ovrner guaran-
ttd by the bond should suffice to protect the cityrs interest.
counci lnan l4artin raised the issue of the time element, inquiring as to
the reason for specifying a date a year hence for the work to be coDPleted;
he also asked why the present proposal was not made to the city when the
violation was first discovered,
l,tr. Barrett pointed out that the project will involve najor reconstluction
and be quite costly; as t'lr. States indicated at the last meeting, finances
are a natter of some concetn and the delay will helP to resolve this pro-
blem. F\rrthermo!e, the decision to remove the wall was influenced partly
by the discussion at the last council neetirg concerning the ptoposed
ordinanace having to do with reports of residential building records
(Ordinance No. 936). !,1r. Barrett explained that !,!r. States became aware
at that tine of the seriousness of the illegal setback; additionally'
cracks in the concrete retaining wall on the proPerty line cannot be
repaired unless the building walI is renoved.
Following advice fron the City Attorney as to Procedure,RESOLUTION
No. 54-71 {oral, to be reduc ed to writinq) approving the agreenent nade
on the 4th day of October, f97L, pr€pared by Clark A. Barrett, attorney,
between the City of Burlingarne and Louis A. States, 1355 Paloma Avenue'
and authorizing the City l,tanager to execute said agreement on behalf of
the city and the building depattment to issue the building permit for the
proposed bath, was introduced by Counci lnan Martin' who moved its adoPtion 'seconded by Councilrnan Crosby and unaniuously carried on roll ca1l.
t"t.
his
States thanked Council for its consideration and the city Pl'anner for
assistance.
COMML'N ICAT IONS
1 . BI,'R LINGAME BRAVES SEMI.PRO BASEBALL CUI,JB
Conrnunications from !,k. Arthur J. Belli, 272L ,l*.b:rtinez wive, owner-
rurnager of the Bur lingame Braves Semi-Pro Baseball Club, requesting
consideration to certain imProvements in dressing roon facilities and
1i9htin9 installations at Washing Park baseball field to meet the standards
133
for professional minor league use were acknonrledged.
Council agreed with Mayor Amstrup that the letters be held for discussion
at a study meeting; Ivk. Belli was present and invited to attend the study
neeting of Wednesday, October 6; it was pointed out, however, that the
agenda was quite lengthy and that it might be necessary to carry the matter
over to a future meeting.
2. WASTEWATER TREATMENT PIANT IMPROVEMENTS
BTD SUMMARY
WASTEWATER TREATMEI'IT & RECI]tU{TION WORKS IMPROVEMENTS
BID OPENING: Wedn:esday, September 15, L97L, 2zOO P. M.
1. C. W. Roen Construction Corrpany
2. Harry tee Plumbing and Heating
3. Lloyd W. Aubrey Engineering Company
4. c. Norman Peterson Conpany
5. Oscar C. !trolmes, fnc., and
Homer J. Olson, fnc.
6. Early Engineering Corporation
$sa , zzo. oo
56 r44O. OO
56 ,92O.@
57 1926.OO
63 , OOO. OO
70,OOO. OO
Engineerfs Estinate $42r3n.OO
A comrnunication dated Septeuiber 24, L97L, from the Director of Public
Works, with an addendum from the City Manager dated September 30, L97L,
recommended award of contract to C. W. Roen construction Company, the
lowest resonsible bidder for Wastewater Treatment and Reclamation Works
fmprovements - Job No, 67-L6A.
fn his eommunication, the Director of Public Works reported that, as
directed by Council at the meeting of September 20, he contacted the
Environmental Protection Agency, I{ater Quality Office, Region fX in
San Francisco and spoke with a Mr. George Atwood concerning the cityrs
interest in proceeding with award of contract prior to approval by the
Federal water Quality Office of the cityrs application for financial
assistance, that he was informed verbally that the city may award the con-
tract without jeopardizing the application and that written confirmation
would be forthcoming shortly.
Councilman Ivhrtin explained that he requested that an investigation be
made as a method of e>cpediting the project because, whether the applica-
tion" is approved or not, the work must be done in an attempt to satisfy
the Regional Water Quality Control Board. He stated that Council had the
foresight to provide the necessary funds in the current budget, and the
city is in position to proceed with the project.
RESOLUTION NO. 55-7Lt
I'Awarding Contract For Wastewater Treatment And Reclamation fnprovements,
Job No. 67-L6Att (C. W. Roen Construction Company, $53r22O.OO) was intro-
duced for passage on motion of Councilman Crosby, seconded by Councilman
Martin and unanimously carried on ro11 call.
3 AIR RIGHTS LEASE
A communication from the City l4anager dated September 3O, L97L, submitted
a copy of a proposed nParking L,ot Air Space Leasefr prepared by Kenneth w.
Jones, Attorney, and recommended that a public hearing be scheduled for
the council meeting of October 18.
Council concurred with the Chair !s comment that there should be a com-
prehensive study of the proposal with staff before a hearing is held;
the matter was referred to the study meeting of October 6. !tr. Robert
Church, representing the proponents, was invited to attend.
ORDTNANCES
1. ORDINANCE NO! 911 'rAn Ordinance Adding Sub-Paragraph 9 To Sectionr:.z@ffic)AndRegu1atingTrafficorrChu1aVistaAvenue
Between Broadway And Carmelita Avenue" was given its second reading; on
motion of Councilman Crosby, seconded by Councilman Martin, said Ordinance
passed its second reading a.nd was unanimously adopted on the following
ro11 call:
AYES : COUNCILMEN: Amstrup-Crosby- Johnson-l,Iangini-Martin
NOEI{: COULCIIJvTEN: None
ABSEFIT COUNCILIvEN: None
134
2, ORDTNANCE I!Qr__94? I'An ordinance Adding sub-section (q) To sectionrg.:ffiipa1CodeProhibitingParkingonT}i;,Norther1y
Side of Burlingame Avenue Qposite washington Park. was given its secondreading; on motion of Councilman Mangini, Seconded by Councilman Crosby,said Ordinance passed its second reading and. was unanimously adoptedon the following ro11 call:
AYES: couNCrLIvtEN: Amstrup-crosby-Johnson-Mangini -l,IartinNOES: COUNCfLMEN: None
ABSENT :COUNCILtrvIEN: None
3, ORDINANCE N9,. 943 "An Ordinance Adding Sub-paragraph ',Cil Tosect@HourParking)AndRegu1ati',9r"'Lin9ont,ang
Road, I,bgnolia Avenue And The Easterly EI Camino Real Service Roadrr
was given its second reading; on motion of Councilman Mangini, secondedby councilman crosby, said ordinance passed its second reading and
was unanimously adopted on the following ro11 call:
AYES: COUNCILMEN: Ams trup-Crosby-Johnson-trtrangini -Mar t in
NOES: COUNCfLMEN: None
ABSETIT : COUNCfLMEN: None
4 ORDINANCE NO. 944 I'An Qdinance Amending Chapter 11.04 Of The
Burlingame }ftrnicipal Code Regulating Street Treesil u,as given its secondreading; on motion of Councilman Johnson, seconded by Councilman Martin,said Ordinance passed its second reading and was unanimously adopted onthe following ro11 call:
AYBS : COLJNCfLIIEN: Amstrup-Crosby-Johnson-Mangini-l,tartin
NOES: COTJNCTIJvTEN: None
ABSEiIT COUNCfLIIEN: None
UNFINISHED BUSINESS
1 TRAFFIC CO}ITROL rNS?ALLATIONS, HILLSTDE DR rVE
Mayor Amstrup announced that he had received at least 35 letters fromindividuals concerned with traffic hazards in the area of Otrr Lady ofAngels Church and School; comments from other members of CounciL indi-cated that in excess of lOO similar letters had been received.
It'liayor Amstrup elcpressed a personal desire to take the necessary action to
inrplement some form of traffic control.
Councilman l,Iangini referred to signals that were installed on Primrose
Road opposite St. Catherinets School and on Trousdale Drive opposite
FYanklin School and asked if the same or similar type of signal would
be warranted on Hillside Drive"
Chief L,ollin reported that both installations are "pedestrian activated
signals. 'r
Itdayor Amstrup stated his preference for the itpush buttonr? signal , as abetter method of control than art6rial stop signs"
Councilman Crosby agreed, commenting that children would tend to rely
on the stop signs and fail" to heed traffic. Councilman Crosby recalled
that a cost of approximately S8'@O.OO was mentioned on a prior occasion
when Council discusssed installation of a push-button signal; he statedthat in a recent conversation with Sergeant Quinn, the latter indicatedthe cost was less.
Councilman Ivh,rtin introduced a motion authorizing installation of atraffic 1i9ht on Hillside Drive in the vic;jnity of Otrr tady of Angels
School and directing the City Engineer to investigate whether the pro-ject can be financed from gas tax revenues.
Councilman Johnson stated she wished to compliment the people on their
approach, that in not one letter of the many she reqeived was there
evidence of a demand, but rather a simple appeal for consideration to the
problem and that the writers rnere predominantly in favor of the push-
button XlghE. She stated that of the two alternatives--arterial stops
or the light--she would prefer the latter.
Council heard a report from the City Engineer that material at hsrd in-
dicated a cost of S5OOO,OO for installation of a light in the middle of
the block and close to $gOOO.OO at the intersection.
The motion was seconded by lvhyor Anstrup and unanimously carried.
Councilman Martin pointed out that his motion did not specif1r,1o""tion,
t
l liir
which shduld be subject to a recommendation from the Police Departmentl
he also suggested that before the ordinance is prepared there should be
some investigation as to hours of operation.
2. LTBRARY RAMP
l4ayor Amstrup commented there has been no evidence of work on the Library
ramp since Council authorized reconstruction to conform to the architectrs
revised plan. The City Manager reported the change order was signed at
least two weeks ago. The City Engineer was requested to confer with the
contractor and report to Council.
Reference was made to a request from the Library Board, dated October I,
L97L, thatCouncil alter its decision to have the existing side ramp modi-
fied to meet criteria for use by the handicapped and authorize instead
construction of a seoond ramp at the parking Iot entrance for this specialpurpose. The communication requested an opportunity to meet with Council
to discuss the matter.
During a period of discussion, Councilmen Crosby and Johnson reiterated
their positions in favor of the second rary at the rear. Mayor Amstrup
reported that in a recent visit to the Library he had the opportunity of
duscussing the matter with the Executive Vice-President of the CaliforniaAssociation for the Physically Handicapped; it was his opinion that the sideof the building was the better location.
The 9ity }ranager was directed to forward a letter to the Library Boardexplaining that Council intended to abide by the majority position and to
proceed with the work of modification.
NEI,{ BUSINESS
1. POLE SIGN . SHIPWRECK KELLEY'S 1380 OLD BAYSHORE
Irdayor Amstrup referred to an action taken by the Planning Commission
approving erection of a structure 34 feet 6 inches in height, which
apparently is a combination flagpole and identification sign, on theAirport Ittrarina property for the purposes of I'Shipwreck Kelleyrs. "He stated that it wad his understanding the sign proper will be mounted
so as to conform to code but the over overall height of the structure
appears to be a matter of some concern from the standpoint at precedent.
The City Planner, responding to the Chair, orplained that the applicationis for a 34-L/2" sign and that by code definition "sign includes any
symbol or structure that has the function of advertising a place of busi-
ness. " He pointed out that the words ?tshipwreck KellqVts'r on a board 18 to
19 feet above ground does not mean that only the sigdiis the entire struc-turel the Planning Commission noted that the sign display is legaI, thata flagpole does not require a variance and is permitted at any height anddecided that by perrnitting the American and State flags to be flown, and
under the conditions of approval that the structure would stand only aslong as Shipwreck Kelleyrs continued in operation and that no other signs
would be perrnitted, that a precedent would not be created.
)ABANDONED BTLLBOARD STRUCII.'RE
At Councilman }tartinrs request, the City Planner was directed to investi-gate the background of the dilapidated billboard on vacant land off the
freeway north of the building where the Tia l,laria sign is displayed.
3. RETATL SALES TN INDUSTRTAL DISTRICT . COUNCIL HEAR ING SCHEDULED
The City Planner furnished Council with copies of a diagram indicatingthe area of the building at 1669 Old Bayshore to be used for retailsales of office equipment and furniture by !4r. Ronald A. Rosberg, whoseapplication for special use permit was approved by the Planning Commissionat its meeting of September 27, L971.
The City Planner explained that the permit was granted subject to show-rooms and office space being restricted to an area of 3OOO square feetihe mentioned that the building includes warehouse space of approximately
IOTOOO square feet but that the Commission specifically limited the salesarea to the front of the bteilding
Councilnan Martin stated that it was his recollection that the requlations
were written for the exfrress purpose of prohibiting retail operations in
t-"_-l'
136
M-l District that should be located in the established commercial districts.
He stated that other firms selling simila{merehandise are located in thecommercial areas and that there would appdar to be cause for Council to re-view the eomrnissionrs action.
A motion introduced by Councilman Martin, seconcled by Councilman Crosby
amd unanirnously carried, suspended the special pernit granted Ivtr. Rona}dA. Rosberg for the building at 1669 Old Bayshore and scheduled a public hear-in the rnatter before council at its meeting of october rB, Lg?L.
The City lt{anager was requested to inform l,lr. Rosberg of Council?s action.
ACIC.ICXTTLEDGMEMS
Communications:
1. George A. Mann, September 28, L97L, rtF\rrther comments on proposedtresidential inspection report r ordinanc€, tr
2. Three requests for traffic control installations at Hillside Drive
and Cabrillo Avenue.
3. Know-Bay Area Government-Committee for Home Rule, Itks. Virginia Shaffer,
Chairman, urging a formal protest be forwarded to the Senate in connectionwith AB 1057 "Conservation and Development Agency of the Bay Area. il TheCity Manager u,as requested to send an appropriate letter to Senator Gregorio.4. City of Santa Rosa Resolution No. 9790 "Recommending That Garbage Fees,Or Some Reasonable Portion Thereof, Be Allowed As An fncome Tax Deduction. t'
5. City of PaIo Alto, Septembet 24, L97L, re: rrlandlord-tenant relations. "(Tri-county Apartment Association, rnc., correspondence attached)6" Burlingame City Employeesr Federal Credit Union, Septernber 28, Lg?L,
expression of appreciation for office space in city hall.
7^ City Manager notification of award to City of Burlingame from
United States Nation Weather Service.
8: California Humane Council, Woodlands Hills, California, urging en-
dorsement of petition for establishment of spay and neuter clinic in
San Mateo County.
9. City of Pacifica concerning "sales tax redistribution. "
l,llllUTES: Beautification Commission, September 2, Health, Safety & Traffic
Commission, September 9, Library Board, September 21, Parking Commission,
Sopternber 22, Planning Commission, September 27, L97L.
PROCTAMATION
!,layor Amstrup proclaimed October 3 through 9, 1971 VENTtRE CLUB WEEK.
MAYOR AMSTRUP REPORT
Council heard a r€port from the }dayor on a discussion that took place
at the recent League of Califotnia Cities Conference in connection with
proeedures on matters that are brought to the City Council on appealfollowing an action by the Planning Commission that does not satisfy
the proponents. He stated that one city, infn attempt to prevent sub-
mission of evidence to the Council that was hot presented to the Commiss-
ionrmarks all material considered by the Cornission; any other proposal
must be submitted to the Comrnission before Council will consider. He
suggested that the matter be explored at a study meeting.
COI,NTY.WIDE PIAN FOR T',ASTEWAATER MANAGEMENT
Acknowledgment was made of a communication dated September 28, 197L,
from James V. Fitzgerald, Chairman, San Mateo County Board of Supervisors,
concerning funding of a county-wide plan for wastewater nanagement, re-quiring a contribution from the City of Burlingame of $1600.O0.
The Communication requested that the County Engineer be informed before,
October 7, L97L, of the cityts intentions.
The City Manager was requested to inform the Board of Supervisors by
letter that Council's decision will be forthcoming, after the matter has
been studied.
BART }IEAR TNG
Mayor Amstrup announced that the special meeting on BART'S proposal
October L2, L97L,for a storage yard in Burlingame will be held on Tuesday,
at 8:OO p.m., at the Recreation Center.
r37
ADJOURNMENI
Ttre meeting r,!as adjourned at 9.:1O p.m., in respect to the rnemory of
FYancis Hinze Coe, son of l4rs. Ida H. Coe, City Treasurer,
Res tfully submi tte
er t K. i^Ih 1 te
City Clerk
.A.PPROVED:
MAYOR