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HomeMy WebLinkAboutMin - CC - 1970.10.19ESAl Burlingame, california Octobe r 19, 1970 CALL TO ORDER A regular meeting of the Burlingame city counciL was held on the above given date. Ihe meeting Lras called to order at 8:1O p.rtr. by ltayor william J. crosby. PI,EDGE OF AILEGIAIICE At word fron the Chair, alI in the couneil Chamber arose and gave the Pledge of Allegiance to the FIag. PreEent - couneilmen: Absent - Councilmen s Amstrup-Crosby-Johnaon-ltangini -litartin None MINUTE S Tlhe l{inutes of the regrular neeting of October 5 meeting of October 7, l9?O, suhmitted to members vrere approved and adopted. BIDS - SA}TI TARY SEWtsR IMP ROVEI{ENTS and the adjournedof Council previously, Bids fron contractorB for the construction of approxinately 370 linealfeet of sewer main on RolLinE Road, received in compliance withpublished notice and opened at 2:O0 p.m. on Wednesday, October 14,1970, were declared as follor^rs: BIDDE R Lci'rrie Paving Co.wenrick & Associates AsBociated Pipe co.L. c- Sni th co- Fai rley Construetors s4, 382.00 5, 99s. 00 7, 700.00 7, 910.00 7,979.OO Engineer's Estimate $ 5,505.00 A cmnunication frqr the City Engineer, dated Octob€r 14, I97O, advj-sedthat $5,5O0.O0 has been allocated in the current budget for theproject and recorunended that the bid be awarded to the lc,erest reapons-ible bidder, the Lovrrie Paving Cdnpa ny in the amount of 94,382.00. A footnoted memo from the City Manager concurred with the recmmendation. RESOLUTION NO. 94-70 "Awardi ng contract - sanitary sevrer Improvements -RollinE Road Seivrer Extension - Job No. 70-11" (Iorrie Paving, $4,382)r.ras introduced for passage on notion of Councilman Johnson, secondedby Councilman Ar strup and unanimously adopted upon Roll CaIl vote, 1. LINCOLN P ROPERTY PROPOSAL BUR&I}TGNE SEOREIA}ID PROPERTY ltalror Crosby ennounc€d the continuance of a publie hearing frm theregular meeting on October 5, on the proposal of the Lincoln Property Conpany to develop property owned by the Burlingatre Shore Land Conpany on Carolan Avenue, Cadillac Way and the Bayshore Highway. A memo fron the city l{anager, dated october 15, 1970, advised thatthe Fire Chief, subaequent to the initial heari.ng, has held Eeveralconsultations with the representatives of the Lincoln Propertieg Cdrpany rdi th no agreement reached hrith respect to the former's request ROLL CATL IOTAL BID HEARI }{GS &89 that the roadways vrithin the propoEed development be widened to twenty-one feet to acconunodate fire fighting apparatus. Ihe Chair announced that rnenibers of Council had received a telephonecall from the Fire Chief concerning the issue and thereafter referredto the Fire Chief. Ihe Fire Chief advised that at noon today, representatives fror the eompany subnitted an amended plan, uridening the roadway to conformto his request. A revised drawing was displayed, with the Fire Chief briefly describing the position of the roadways and stating that the buildings wiLl be located a rninimurn distance from the roadway. Tte Fire Chief, in his coEtrenta, added that it should be stipulatedthat the roadwaya Ehall be constructed to acccimlodate seventeen-tonfire truck apparatus. councilman llartin questioned whether it vras the intention of councilto consider a reviEed plan that has just been presented. lrlr. Denny lttclarry, partner in the proposed enterprise, advised thatbasically, the plan remaina unchanged; one parking structure has been eliminated and one changed from a one-lttory to a three-storyEtructurer the Land coverage has been improved with more landscaping proposed. ttre Chair confi rnred that the major concern expresrsed at the last meeting was that the developerg revige the roadway plans to eonply with the request of the Fire DePartmeDt. counci lman ltangini, stating that while he did indicate his approval to the project at the last meeting and was gtill so inclined, he wouldprefer to hear further from Councilman tlartin. couneilnan ltartin questioned the developers' delay in presenting a revised plan and to anticipate that counci I shall take an imrediateaction without reviewing the anended project plan in advance. councilnan llmstrup, coneurring with councilman lt{artin, stated that knowledge of the net, plan was received through the Fire Ctrief and should be thoroughly reviewed by council at a Btudy meeting. !lr. Mclarry advised that the plan Btil1 includes the 504 unitsr that only some of the parking spaces have been relocated i the aameparking ratio shall prevail and the developers have worked con- scientiously during the past week to present a revised plan that nov, includes roadways that will comply t ith the request of the Fire Chief- counei Iman Dlartin, referring to lhe elaborate presentation made atthe initial hearing, Etated that in his opinion, a basic change frorn the original plan is being proposed that affects the landseaping and the thoroughfareE. Referring to Mr. Quentin Cook, Attorney, repreltenti.ng the Lincoln Propertiea company, the Chair questioned whether a delay would createa financial burden upon the developers. ur. cook advised that eertain contracts have been negotiated \di thspecific time schedules to be honored and that from a legaI point of vierar, a delay would be costly. Mr. cook thereupon requested a brief period of time in which to conEultwith representatives of the company and the ormer of the property for inmediate report to council. PGCESS A reeesa was declared by the Chair at 8:3O p.m. (Prior to reconvening, counci lman Martin took exception to roembers of 39B Council and staff converlring with a member of the rePresentative group from the Lincoln ProPerties coarPany who had rernained vri th the Council Charnbers during the recesa period, stating that it was an improper procedure during Public hearing deliberations. fhe Chair suggested that the statementE of eaeh b€ related to !lr. Cook and his assoeiates upon their reappearance. ) CALL TO ORDER the meeting vras reconvened by the Chair at 8:5O p.n. IIEARIIIGS (continued) 2. CHANGE S AIID UODIFICATIONS BU RLINGAII{E AVE. OFF-STREET PARKI}IG ltayor Crosby referred to the City Uanager for eqments relating tothe changes and modifications proposed for the Burlingane Avenue AreaOff-Street Parking Distriet. ltre City lrlanager advised that a public hearing had been scheduled byprior council action to consider the inelusion of property fronting on Bellevue Avenue, identified as the "Steinbeck" property, withinthe Burlingame Avenue Area Off-Street Parking District. ttte Chair thereafter declared the hearing open. Ihe City clerk certified that no conmunications had been reeeived in favor or in proteat. trhere beiag no one preaent to speak in opposition or in favor, the Chair referred to Council for cq nent. The City l.!.anager, replying to an inguiry from Counci lnan Anstrup, eoncerning the status of the city's intereat in purchasing thelot, advised that the first order of procedure is to determine whether the lot is to be included within the District. Ttle City Attorney, in reply to the Chair, advised that the hearingbefore Council requires all persons interested to appear or to filewritten Protests against the proceedings and that no one having appeared, the hearing may be closed. Mayor crosby declared the hearing closed and RE sol',t TrON NO. 95-70 "A Resolution Ordering Changes and Uodifications Burlingame Avenue Area Off-Street Parking District" was introduced for paaEage on notion of Councilman Johnson and seconded by Counci lman Amstrup. On the question, councilrnan uartin stated that the record should firstindicate the estimated cost of the property and the estimated costof developing the lot. Reca1J-ing that the City l{anager has advised that an appraisal has been received estimating the value of the property between $65,O0O.00 and $7O,O00.OO, councilman ttlartin observed that eEtimates have not been received as to the cost of improvenrents. A brief discuseion arose on the financial aspectsproperty for parking distriet purpoaea from fundsor through a ssessment proceedings. of acguiring thethat are available ttre City uanager advised that funds are available in the Parking District zund and if additional funds are required, a later bearingwill determine if parking district assesaments are to be increased. councilman Uartin stated that it should be clearly determined hcrrr much money is railable in the funds of the Parking District. A vote on the motion qraa withheld and an action on the resolution was deferred to the next regular meeting. 3gf the City llanager was requested, in the interim, to submit to Council the estinated costs of both the acquisition of the subj ect prAperty and the improvements thereafted required to eonvert the ProPertyinto a parking facility. NCOLN PROPERTIES P ROPOSAL aring continued) Rspresentatives frqn the Lincoln Propertiea company having again entered the Couneil chadbers, uayor Crosby advised the-n of the incidentthat occurred during the recess period. Each member of Counci 1 thereafter related his particular role in the conversation that was concerned primarily with the revised roa&rayplans and the proposed removal of a parking structure. Trhe City Planner stated that he had suggested that the matter be continued, particularly in order that proper drawings nay be filed and a new contract agreement may be presented to Council. Ihe City Attorney advised that his statenents referred to the existing lgreement between the property cnvner aDd the city'thbt wool.d'hevs to be t-e fiot nat ed l the preparation of a net^t eontract, and the adoption of aresolution setting forth' the several variances. !tr. cook stated that the Lincoln ProPerties comPany has entered intoa contract hri th the cr*rer of the Property and suggeated that Council approve the generaL plan of the projeetr that the city Attorney iscorrect in that the existingt contract vrould have to be cancelled and a nev, eontract prepared for couneil approval. In reply to the Chair, the City Attorney stated that the attorneysfor the developers should be eharged with the obligation of preparing the neh, contract agreement to be subrnitted to his office for revier; developlent plans should be eirculated among the Fire Chief, theCity Engineer, the City titanage r and the City Planner for revieur and the cdit leted docrrments thereafter referred to council for final distr osition. councilman llartin, cqf,nenting on the probable four to one vote of Council favoring the proposed development, called attention to the follo,ving issues that should be cons.idered: (1) the effect on Bayshore Hight ray traffic with the propoaed plan to add a third story on aparking structurei (2) landscaping plans for the new roadway; (3) whether there will be through traffic on the fire service roads and(4) the adequacy of the lrater system. councilman Anstrup objected to the inference that his vote \^rould beaffirmttive, lrtating that there are innunerable details yet to be resolved and the plan has been so revised, a decision cannot be rushed. Couneilman uangini stated that an action by Council would be prematureuntil the issue of the existing contract is resolved. Further discussion engued on the subject of terminating the present contraet and approving a new contract, acknovrledged by Couneil tobe the major feature in eonsidering the proposed development. Trhe City Attorney, in reply to inquiries fron the Chair, advised thatin addition to the preparation and presentation of a satisfactorysubatitute for the current agreement, the developer should prepare varLoug exhibits for staff review. With reference to eontinuing the hearing to the next regular meetingtof Council, Councilman Johnson announeed that she would be absent onthat occasion. Council expressed a preference that the hearing be continued to a date when a full Council shall be present, hri th the City Attorney advisingthat the hearing nay be continued to the regular meeting on Novenber 2hrith an option to continue it to another date certain. Tuesday, November 10, 1970, \ras scheduled thereafter as an adjdourned meeting ',-o continue the subj ect hearing. 398 The regularly scheduled study meeting on Novetriber 4, was re-scheduledto follotr the adjourned meeting on Novembe r 10. Aeting upon advice from the City Attorney, Counci lman Johnson movedthat Etaff be presented lri th the plans for the proposed development,that a contract agreement, prepared by the developers and reviered by the City Attorney, be presented to Council for its conaiderationsubst,antially in accordance with the presentation made this evening. Ttre motion was seconded by couneilnan ltangini. Ayes: Councilmens Crosby-Johnson-I.langini NoeE: eouneilman: None,lbstaining Councilmen : Anstrup-Martin l. POLICY ! RE SIGNS ADJOINING PARXING LOTS OWNED BY CITY A cqmnunication from the City Planner, dated October 7, L97O, advisedthat an appLication has been received frq[ the operator of the ShoeClinic at 248 Primrose Road, for pemission to paint a sign on thewalI of the building, to advertise the business, and adjacent toa eity-ohrned parking }ot. Ttre City Planner stated that the issue may arise again in the future and it was therefor requested that Council set forth a policy positlon. ttre subject was held for Council consideration at the next study meeting. 2. REGI ONAI. WATER CONTROL BOARD RESOLUTION - ,.DI SCHARGE OF WASTES., A cqununication was aeknourledged frm the california Regional water Quality Control Board. dated October 14, 197O, refering to aresolution tentatively proposed by that agency wherein ci.ties and countiea will be required to notify the Regional Board of the filingof development proposals whi ch may involve the diseharge of r,rastea and requeeting that council comrnenta be forwarded to the Board by Novembe r 6, l97O . Councilman Uartin questioned the inEent of the proposed resolution, observing that it does not eoincide qri th the provisions set forth inthe California water code. lhe City Engineer advised that at the present time, the meaaure haa no effect on the city of Burlingane and referred to the letter oftransmittal whieh recites that Section 13266 of the California Water Code requires each city or county to noti fy the Regional Board of thefiling of a tentative subdivision map or of any application fibr abuilding permit whieh raay involve the discharge of hraste, "other than discharges into a cwnunity set er system fhe city Engineer stated that this sentence should also be included within the proposed resoluti on. Follosring a brief discussion, the City ltlanager was requested to incorporate the foregoing csEnentE and the objection of council tothe resolution as prepared j.n a connruni cation directed to the attention of the Water Quality Control Board. TRAFFIC LIGHT REQUE STED EL CA!{INO-UURCHI SON DRTVE A cqrununication \ras read frdr Emanuel Friedman, lll, D., dated October 6, 1970, urging council to consider the po8sibility of placing a traffie light at the intersection of EI camino ReaI and Murchison Drive. fhe City llanager advised that in 1966 Council authorized the installa- tion of a traffic light at the subject intersection, with the City A RoIl CaIl vote was recorded as follovrs: COMMUNICAII ONS 3. B9A of ld.llbrae at that time declining to share in the expenditure,the Traffic Director reporta that Mi.llbrae has since indicated itsapproval, each city shall assume 25% of the cost Iri th the Statecontributing the remaining 5(X. 'Ihe City anager waa authorized by Council to process the applicationfor a traffic light at the intersection of EI Camino ReaI and Murchison Drive and to so notify Dr. Friedman of the action taken by counci 1 . ORDINANCE S - Consideration thereof: ORDINANCE NO. 926 "tunendi ng Section 18.16.01O, 18.16.02O and 18.16.O5Oof the Burlingame Municipal Code, Repealing Sec. 18.15.O3Ot and Adopting By Reference the National Electrieal Code (ffpa no. 70-1968,) 1968 Edition and Ordinance No. 2O4O of the County of San llateo, waagiven its second reading and upon motion of Councilman Johnson, seconded by Counci Iman Anstrup, said Ordinance paased its secondreading and was adopted by the folloring vote t)1, RoIl call: Ayes : Counci lmen : nnstrup-Crosby-Johnson-Uangini-HartinNoes: Councilmen: None ebsent Councilmen: None 1 . VARIA}ICE TO CONSTRT'CT FIVE-IJNI T GARDEN APARIII{ENTS A merno frqn the City Planner, drted October 15, 1970, advised that hisoffice has received and has checked a revised drawing of the plot plan for the construction of a five-unit apartment building on the Jenkins property at 1511 Neqtlands Avenue i the garages and carportE, misplaced on the original plans, have norr been properly located in aecordance t ith code requirements and it was his recommendation thatthe plans b€ accepted. A revised drawing waE pregented to Council and follcrring a biiefdiscussion, Councilman Arnstrup moved that the plans for the five-unit apartment building, as revised, be approved. tlhe motion was secondedby couneilman l{angini and unanimously carried. 2. CIIA}reE NAI{E "BROADhIAY EXTENSION " The City Manager adviEed that Mr. David Keyston, Anza Pacific Corp.developer, hag advieed that his coinpany is anticipating the grantingof an easement frdr Westbay AEsoeiates for an eighty-four foot stripof land necegsary to connect the extension of Boradrray to Airport Boulevard . None Ihe hearing on the re-narning of the Broa&"ray Extension wag continued to the regular meeting of council on Novetdber 2, thereafte r 1970. I{EW BUSINESS 1. CITY-COT'NTY CIVIL DEFENSE BUDGET Counci lman Uangini, Council liaison, County Disaster PreparednessCouncil, announced that he will be attending a city-county civil Defensemeeting on TrhlBday, October 24 and requested council instruetionswith respect to voting on the $3,239.25 alloeation as the City's sharein the 1970-1971 County Civil DefenEe Budget. councilman ltangini was authorized to vote affirmatively on thebudgeted city allocation. RE SOLUTIONS I'NFINI SHED BUSINESS 894 2. EXECI'TI\IE SESSTON Councj-lman Uartin requested members of Council, the City Manager and the City Attorney to meet vrith him in an executive sessj.on at the termination of the meeting to confer on a personnel matter. A cqununication l.aa read frm Ben L. Ilechinger, Chairman, Burlingarne Sister city Association, dated October 19, 1970, advising that thegift of the bronze ceneral Horelos buEt fron the cityrE Sistercity of cuernavaca and the friendly relations bet\^reen the twocities can best be recognized by erecting the bronze bust in Cuernavaca Park. Mr. Hechinger stated that the Sister City Association plans a dedication of the bronze bust which would be most aPproPriate in cuernavaca Park, rather than at the Recreation center. An informal poII of Ccuncil indicated their approval to locating the bronze bust permanentJ-y in Cuernavaca Park and the City Manager $ras requested to so noti fy l{r. Hechinger. 4. T'NI"ED NATI ONS DAY A cm[unication waa acknorledged from Mrs. Edith cohendet, Chairman, Burlingame United Nations' Observance, dated October L4, L97O, and in renponse to her request, Uayor Crosby proclaimed OCTOBER 24, 1970, as Irl[I lED NATIONS' DAY in honor of the accdtrpliEhments of the tN tci^rard furthering the cauEe of world underatanding and peace. STATUS - BU RLINGAII{E HOIEL A memo frdn the city tttanager, dated October 15, I97O, referred to aIetter his office di.rected to the operator of the Burlingaroe Eotel,citing improper conditions on the premises and informing the operatorof neasures the city may activate to auPpress conditionE. Itre City Uanager, in a verbal rePort to Council, advised that the operator has personally informed his office that he will cooperateto alleviate existing conditions. Itlayor crosby reguested the city Manager and the Chief of Police to keep council informed. I I,LEGAI BUI I,DING 152 1 CABRTI,LO AVENT'E A memo from the City Manager, dated October 15, 1970, informed Council that an illegal additional building on one 1ot hag been constructed vrithout a building permit at 1521 Cabrillo way and that the City Attorney has requested authorization to enpLoy legal counsel. lhe City Attorney confirmed that there are a nr:mber of serious violationg that vrarrant an action and if so authorized, one of several attorneyE of his acquaintance can be approached to Prosecute the isgue to a conclusion. A motion was introduced by Councilman Uartin authorizing the City Attorney to engage an associate attorney for the service outlined,in a sum not to exceed $5,OO0.0o. Tlhe tnotion was seconded by counci.lman Mangini and unanimoualy carried. In reply to councilman lnstrup's inquiry concerning the auit authorized by Council against I'1r. william Tlhonpson for building violationE at 2?01 ljlaripoEa Drive, the city Attorney advised that the emplo:rrement authorized by council can also extend to thiE issue. ACKNOWLEDGEMENTS The chair acknowledged receipt of the follorring: 3. SISTER CITY ASSOCIATION 5. 6. 395 collut NICATIONS - frqn 1. Citizens for conEtituional Revision, dated october 2, L97O, requesting the endorsement of Council in the adoption of Propositions 14, 15, 16 and 17 to be placed before the electorate on Novembe r 3. Council concurred that the issuea are of individual, rather than ofcollective choice. 2. Solid Waste Engineering and Transfer Syste-ms, L970, extending an invitation to council to attendof the world's largest \{ast,e proceEsing center"at Avenue in san FranciEco on wednesday, October 21. 4. city of San !{ateo Resolution urging the support o on the Noverdber balIot to provide funds to control an the pollution of San Francisco Bay. dated october J.4,the "dedication 501 Tunnel fPdr roposition Io prevent 5. city t{anager, dated october L, 1970, sutrnitting a list ofpersons interviewed for appointment to several of the City CcE nisEioa.In a verbal report, the City llanager advised that one person haE notyet been interviewed and he vras thereafter requested by council to schedule a time for the interview. PEPORTS A}TD },1I NUTE S tlhe monthly activity reports frm the Fire and Police Departments and the minutes frqn the Beautifieation CoEnission, Septerdber 17. OF'FICIAL NAME S OF CITY PARKS A comunication r,ras read from the Park and Recreation comnission, dated October 15, 1970, advising that the Comnission unanimously agreed upon officially designating the Victoria 'Hovrard play area asovictoria Park" and proposed that the bayfront park conplex be designated wither "Burlingame Park" or "Edge\"rater Park. " Ttre designation of the name "Victoria Park" was informally approvedby Council and the selection of a name for the bayfront park cornplex was held for consideration at the study neeting. MI LLS CAI{IYON DEVELOPI{ENI A comnunication from the Park and Recreation ConuniEEion, dated October 15, 1970, referred to a work plan proposed by Mr. Robert Fisse,in behalf of Bott Scout Troops, to develoP the Mills Canyon area, approved in principle by the Cffinission. fhe Conmission advisedthat final reccrunendation was wj-thheld pending receipt of a listfrqtl Ur. Fisse setting forth the special proposals for the develotnentof the area. TROUSDAI,E- SEOUOIA INTE RSEC,TI ON Councilnan Alnstrup referred to his prior requeats to Council thatconsideration be given to the installation of a stop sign atTrousdale Drive and Seguoia Avenue and spoke on the hazardous trafficconditions on Trousdale Drive, the imtinent danger particularly toehildren erossing Trousdale Drive at Sequoia Avenue to attend schooland the urgency of a closer patrol. The City llanager advised Council that a meeting haa been scheduled by the Board of SuperviEorE on I\re8day, October 20, to discuss the proposed city-county solid waste dispoeal agreement, wherein scllleof the pointe at issue may be ansvrered. 3. George Plissak, 1152 Burlingarne Avenue, referring to a ne$rspaperclipping announcing the city of ltillbrae's proposed nelr "anti-litterordinance" and suggesting that the City of Burlingame adopt asinilar procedure. The City [anager hras requeEted to obtain further information frqnthe City of lrtillbrae and to aleo refer the subject to the Beautification Cormission. 896 rtle Chief of Police, follolrring a reference by Ccuncil to a traffie survey subr0itted by the Direetor of Traffic, advised that the survey, applying the procedure of both local and national traffic warrant Eystems, indicated that the erection of a stop sign was not warranted. Follc.ring further discussion, the City !{anager was requeated to place the subject on the next atudy meeting agenda. Counci lman Martin recornmended thtt in the interim, the Director of?raffic re-survey TrouEdale Drive to ascertain whether signalizationis justified. "YIELD" SIGNS - SIGNS IN WASHINGTON PARK Councilman ltlangini reported that traffle Conditions have been improved in the area of Burlingame Square and EaEt Lane by the erectionof "yield" signs and that signs have been poEted in Washington Parknotifying the public that all dogs in the park are required to be leashed. BURLINGAI{E CHII.DREN. S GAI,IJ RY Councilman Johnson reported her attendance at the crand Openlng ofthe Burlingame Childrenrs Art callery on October 11 at the BurlingamePost Office at which time Vice-Mayor Amstrup spoke in behalf ofthe Council. Councilman Johnaon advised that the art display will be a year-around event. ANDREW C. BYRD ILLNESS councilman Johnson announeed the Eerious illness ofcity Councilman, And rerr C. Byrd. former llayor and WERRANT APP ROVAL I{arrants, ltonth of october, 1970, Nos. 6205-6392, in the totaof $23I,2O4.4O, duly audited, were approved for pa)rment on moof councilman Mangini, seconded by councilman Amatrup and car PAYR,OLL APP RO/AI., Payroll warrants, ttonth of September, 1970, Nos. L4423-L4945 in thetotal .unount of $181,960.37, were approved on notion of Counci lraan Uangini, seconded try Councifunan Johnson and carried. BROADVTAY SP DEPOT RE STAURANT Mr. Joseph Fena, 1035 Chula viEta Avenue, whose application for aspecial permit to dispenEe food and beverages in an area witbin the Southern Pacific Company DePot at Broad\,ray, was recently approvedby the Planning Cqruniseion, was advised by the Chair, in replying tohis inquiry, that no appeal frqn the decision of the Planning Cqn- mission has been received by council. ADJG'RN}.{ENT The meeting was ad journed by l.layor crosby at 11:OO p.m. HE R? K. WIIITE APPROVED Iri r.1 am on ed oun t t)r,tu."* 9 U*/"/ wrLLrAu ,r. Unossv {/ MAYOR CITY CI,E RK