HomeMy WebLinkAboutMin - CC - 1967.01.1676
Burlingame, california
January 16, L967
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the abovegiven date. Meeting called to order at 8:10 p.m., - uayor ceorge inthe chair.
PLEDGE OF ALLEG IANCE
At word from the chair,
Pledge of Allegiance to
ROLL CALL
in the Council Chamber arose and gave the
F1ag.
all
the
Present
Absent
- councilmen:
- Councilmen:
Crosby-Dieder iehsen-George-Johnson-Mart in
None
1967, submitted to}.{INIITES
lhe Minutes of the reg.trlar meeting of January 3
council previously, were approved and adopted.
COXMISS ION APPOINT},IENT
l.{ayor George announced the appointnent of Mr. Ivayne Guthrie, 746
winchester Drive, ag a member of the Librarl, Board to fill a vaeancy
created t[r the resignation of !tr. Ralph Moody. Ihe appointment was
unanimous Iy confirmed }l!r Council.
COM}IUNICATlONS
1. PRINGLE c ONSTB,I,C T ION CO. RE:
REI-IOVAL OF "PEMTHoUSE " ROOF
Mayor George reviewed brie f l-y the action taken at the public hearing on
Decerdber 19, 1966, wherein !,tr. Douglas Pringle was directed. by unanimousl
vote of Council to remove a penthouse construction on his Skyline Towersproject; that subsequently, a communieation from the Pringle Construction
Company. &ted Decedbet 27, 1966, suggesting a method of removing thestructure less hazardously and with Less damage to the buililing, was
acknowledged by CounciL at its regrular rneeting, January 3, 1967 and the ssubject proposal referred for consideration on this date, with notices
requested sent to petitioners seeking a revocation of variance, theirattorney, the Building Inspector, the Fire Chief and l,tr. Pringle.
In reply to t}le Chair, the aforementioned, in attendance, confirmedalI had received a notice.
fhe letter from ltr. Robert Douglas Pringle, dated December 27, L965,setting forth the proposal. was read, wherein it was stipulated thattbe suggested method would be "subject to approval of the Fire Chief,
\dho thus far has indicated he preferred a forty-eight inch clearance
under the canopy, " and "it h,ould not be the intention of this companyto make any sun deck use of this area. "
A letter was read from the Building Inspector, dated Decemloer 28, L965,stating his office had no objectj.on to the penthouse roof being lovreredto a height of four feet; adding that it was his recommendation that a
thirty-six inch gnrard rail be provided around the pertmeter of the slab
as a safety precaution.
fhe Chair thereafter invited !!r. Lavrrence Augusta, Attorney. representing
Ilunt Drive property owners, the petitioners to the application for a
revocation of the variance, to comment.
?a
t{r. AuguEta stated that "an awkward situation arose at the publichearing" (December 19) in that. in his opinion, "we were naive
enough to think perhaps Council would go so far as to order the
removal" (the building) and that "on the other hand, l{r. Pringle
thought Council would permit the penthouse. "
Continuing, Mr. Augusta stated tlat since the last rneeting, hisclients have spoten with lr!r. Pringle, and are of the opinion that
"nothing is to be gained by the actual removal of the structurer"that "Mr. Pringle has offered to take the money that the removalof the structure would cost to create considerable landscaping. "
!lr. Augusta advised that his clients are nov, interested in "what iEthe most beneficial thing to make the apartment house as attractive
as possible" and stating that on behalf of his clients, objectiongare noh, withdrawn in favor of permitting the structure to remain
and the area beautified by a tree planting and landscaping program,to screen the apartments.
llayor ceorge stated that the penthouse is the subject under discuEsion;that insofar as he is concerned, it was "not the intention of Councilto completely stop the project" and thereafter referred to the motion
adopted unanimously by Council at the December 19th meeting.
Mayor ceorge further stated that this evening, the subject concernsCouncil's consideration to the " lovrering of the penthouse to conformto the level permitted" and thereafter referred to the Fire Chieffor his opinion.
ltle Fire Chief advised that the code requires that an exit from astaiway must have a clearanee of six feet, e igfrt inches; if the roofis lor,rered anC the exit is blocked, one of two otler existing stair-
ways terminiting at the end of the roof must ber constructed to provide
ProPer access.
Fo1lo\^ring some discussion on the location of vent openings to theroof and the Building Inspector's clarification that the " four feet"reduction in the height of the roof referred to the distance betweenthe roof of the building and the canopy slab. Mrs. Douglas Pringle,in attendance, and from the audience, suggested that the canopy beonly lowered to a height to establish the six foot, eight inch
clearance required t1z the code.
uayor George, in reply, explained that it is the penthouse construc-tion itself, that has created the violation.
lrtr. Pringle advised that it is not his intention to "make a sun deckgut of the penthouse" and therefor a railing. as recorurended by theEuilding Inspector, is unnecessary and a gravel top surfacing issufficient.
lhe Building Inspector stated that "it is a platform. it is usable
and it will be a hazard" and protective measures should be taken.
l,lr. william Caplan, President, Millg Estate fmprovement Association,giving his interpretation of the action thus far, stated that thepresent apartment building is unattractive and it is his opinionthat a comprornise may be appropriate by accepting, as a condition,the proposal to provide "extensive and expensive landscaping which wasnot previoraly contemplated. "
fhe City Attorney, in reply to the Chair's inquiry concerning theposition of Council. stated that Council has issued an "order"wlth a modifieation therefrom now being solicited; however, if the
s].ab is permitted to remain, there is no assurance that a construc-tion will not occur in the future wherein Council "r[ay be in a Iega11ydifficult position. "
Councilman Diederichsen, taking the position that "Council is in
agreement " stated that Mr. Pringle has violated "the city's trust
7?
in him t1z violating the code " and comtnenting on the apParent under-
standing reached between the Hunt Drive residents and the contractor,
stated he was undecided whether to accept these latest developments.
Councilman Johnson, observing that there is "a legal versus apractical side to the issue, " stated that council must be " gn: itleil
by the advice of the City Attorney. "
commending the stand taken b[, the residents,that the subject structure i3 not unsightly;
be located on the building.
Councilman Johnson
however, it should
stated
not
Councilman Crosby *ated that with the oplroEition to the removal ofthe penthouse now withdrawn, a problem does exist, as pointed out
b,y the City Attorney - the possibility of a future owner applyingfor a permit to conplete the penthouse if the unit is not removed.
The city Attorney atated that a variance, in addition to a buildingpermit would have to be obtained; that his concern is to eliminate
any possibility of the City being drawn into a court action in the
future .
I{r. Augusta, stat.ing that t}e current-day trend is a " rehabi Iitation "rather than a "retribution" attitude and that "nothing can be gained
by the removal" but that the "area can become beautified, " urgedthat the "order" of Council be moCified.
lilr. Augusta suggested that "an assurance b}, the contractor" and the
"posting of a bond" would serve as an "act of faith" on the partof the project developer.
Mayor ceorge. in rep1y, stated that the variance h,as approved by Councilaction in 1964; at that tine no one entered a protest, that tbe issue
subsequently r.ras heard before the courts with a ruling declaringthe "variance" lega1 and valid.
councilman llartin's inquiries to the Building Inspector and to theFire Chief confirmed their firm position to abide tl, the provisionsof the code, with no exceptions; each indicated no objection to
lovrering the deck to a height of four feet, if fire and building
codes are observed with respct to a stairway exit.
councilman Martin stated that council cannot "condone an illegalstructure" and that any "compromise" concerns only the developer
and the property o!^rners .
On the question of accesE to the roof. both the Building Inspector
and the fire chief, in reply to councilman Martin, stateil that doorsat tbe top of a stair"ray to the roof area must remain unlocked fromthe ins ide.
Requested by
the Building
Councilman ltartin to verify the section of the code,
Inspector was excused to refer to the Building Code.
t(EU 115 J
A recess was declared lry the Chair at 9:15 p.m.
crr.r. to oRDER
lhe meeting was called to
PRINGLE CONSIB,UCTION CO.
order by Mayor ceorge at 9:25 p.m.
(Continued )
Irtayor George, directing his comments to Mr. Pringle and as a matterof record, advised that "promises" made to the residents as outlinedby !llr. Augusta, is a separate and independent action, and one invihich the ej.ty cannot be made a participant.
CounciLman uartin again referred to the question concerning doors
and locks to the roof area and reading an excerpt from the Uniform
?8
Suilding Code, stated that the section recites that "exitldoors sha1l be opened from the inside.
Councilman ltartin questioned the Auilding Code provision appliedin this particular circumstance.
Eurther discussion was concluded with council concurring with the
recommendation of Councilman irtartin that Mr. Pringle be permittedto lorper the penthouse to a height of four feet; that he consultwith his project engineers and members of the City's staff on the
technical details and that his plans be submitted to Council forfinal approval at the next regular meeting on February 6, 1967.
2. TREE PIANTING POLICY
A comrmrnication from the City Manager, dated January L2. L967,refered to prior study meetings wherein it was tbe consensus of
Council that the following policy apply to requests from property
owners for permission to plant trees in the front areas of their
comnercial pEoperties: (1) that an application for a stred.treepernit be made to the Park Superintendenti (2) that the Park
Superintendent determine the specificat.ions, standards, conditions
and period of mainteance for said planting required of the applicant,(3) that aI1 costs be borne \l the applicant, and (4) that individualtree planting be discouraged; that trees be planned and spaced t^rith
proper slzmmetry on a block trasis as approved { the Park Suprintendentwith advice and counsel of the Park Commission.
A nrotion was introduced by Councilman Martin, that the foregoingpolicy as outlined be approved, seconded by Councilman Diederichsen
and unanimously carri.ed.
4 SECTION 2LO1 .5 GAS TA]( BTJDGET APPROVED
A communication from the Director of zub1ic Works, dated January Il,
195?, directed to the City Manager, reguested that the annual budgetfor the ensuing fiscal year 1967-1968 for the expenditure of
Engineering cas Tax Rrnds under Section 2LO7.5 of the Streets and
Highvrays Code be approved for submission to the District Officeof the State Division of Highways. A memo from the City Manager.
footnoted on the communication, recommended the adoption of aresolution to formally request a budgeted allocation of $6,0O0.O0to be o+,ended on engineering for streets and highway purposes.
RESOLUrION NO. 2-67 "A !.esolution of the City Council of the Cityof Burlingame Adopting and Submitting a Budget for Expenditure d
state Allocated (Engineering) FundE" \^ras introduced for passage on
motion of Councilman Diederichsen. seconded by Councilman Johnson
and unanimously adopted upon Roll ca1l.
4 STREET SifEEP ING OPERATTON REPQRT
A memo from the City Manager, dated January L2, L967, replying to
a request from council nade at the last regtrlar meeting, reportedin some detail the street sweeping operation and program conducted
throughout the City.
the City Manager advised that "tle coordination of cleaning the City
\l districts and circling the City on a regular continuous basis isnot a hit and miss operation but one by which the City is kept
continuously clean. "
A map, designating "Districts" within the City and an accompanying
"sweeper eyele" record chart, was made available for review by
Council .
Ttle report from the City Manager was acknorrledged and placed on
file.
?9
PORT RE:T SERVICE ROAD W
A comnnrnication from the Clty l{anager, dated iranuary 12, L967,
advised of a neeting wlth property oqrners on the east side of
the 18OO block of El CaBino Retl, in raaponae to a request
received by council at the last regular meetlng Potitioning the
renoval of a fence and the widening thereafter of the service road.
fhe city uanager reported that trucks parking on the east side of
the service road are alleged to create the greater traffic incon-
veniences and hazards and it was the recornmendation of the City
Engineer and his Office that parallel parking on each side of the
service road be established, that a similar request for the widening
of the service road was subnitted to Council in Septenber of 1962. at
whidr time Council adopted a poliqp that the cost for widening be
assr.uned by the area property osners and it was his recommendation
that the policy be continued.
Council thereafter concurred with the City Manager that the foregoing
reconmendations be tranamitted to the petitioners for evaluation.
oRDINN{CE No. 861 "An Ordinance of the Ci ty council of the City of
Burlingame Authorizing an Arnendrnent to the Contract Between the City
Council and the Board of ltdministration of the California State
EBployees' Retirement system" (Police cadets, etc.,) \ras introduced
by Councilman Diederichsen and given its first reading.
ORDINANCE NO. 862 "Amendi ng the ltunicipal Code of The City of Burlingane
By Adding *13.25.O1O Fixing the speed Linit for certain Vehicles
Descending Trousdale Drive at 25 Miles Per Hour" was introduced by
Councilman ltlartin and given it8 first reading.
None
Councilman Diedericlrsen, referring to an advertieement appearing in
the newapaper that "pool tables" are available in the back room of the
Pub so-Ilo on Broadway, recomended that the matter be investigated.
In reply to Councilman Diederichaen, the City Planner stated that the
operators of the Pub So-Eo, at one of the hearings r,rith respect to
their application for a business permit, had indicated that "coin-
operated pool tables" may be installed.
Irhe City Attorney advised that the operation of a "pool or billiard
Parlor" requires a City license.
Irhe City ltanager was reque8ted to investigate for report to Council .
2. DAIICE PERI{IT "IIIE PtIrtER"
Councilman Diederidrsen
cocktail bar-restaurant,
advised Council that the "Putter" a coribined
located at 1819 El camino Real, has recently
5.
Reporting verbally on the subject, the city l{anage r stated that the
erection of a restrictive trud( sign and additional police patrolling
of the area may alleviate sorne of the traffic problems.
RESOLUrIONS - None
ORDINNICES - Consideration thereof:
I,'NFINISHED BUSINESS
NEW BUSINESS
1. PIJB SO-HO ADVERT I SEUEril:T
changed ot rtership and questioned the statua of a dance permit granted
to ttre previous ovner.
llrhe City Attorney advised that a dance pernrit is issued exclusively
to the applicant and the city l.tanager qras requested to inveatigate
the circumstances.
3. WATER OUAI.,IIY @NTROL BOAND
lthe City Manager advised that an itenized report prepared by the City
Engineer, with respect to the City's schedule to conply with the
requirements of the Water Ouality Control Board is available for
council's approval.
Council indicated no objection to the report and the City llanager was
requested to eo notify the Water Quality Control Board.
4. DEDICATION T'NIT ASSEUBLY OF GOD CHURCH
Councilman Johnson advised of her recent attendance at the dedication
ceremoniee of the Asseubly of God Church's new "Educational Unit."
A comtnunication was acknowledged frqn the County Board of Supervisors,
dated January L2, 1967, inviting council, the City t{:rnager and the
City Engineer to a dinner meeting, 1[hursday, January L9, L967, Sheraton
llhunderbolt Hote1, Itlillbrae, at 7100 p.m., concernirg the proposed
county-wide Selrer Plan.
Councilman llartin recommended that Council also extend an invitation
to l.lr. ilohn alenks , the City ' s Consulting Engineer.
6. CIVIL DEFENSE-DISASTER PREPAREDNESS COI'NCIL
Uayor ceorge acjknovrledged a corununication fr@ Mr. Irving An6trup,
27O8 Trouadale Drive, dated ilanuary 11, 1957, received too late for
inclueion on the agenda, stating that its contents would be noted for
Council consideration.
OVERPASS TRAFFIC COT{DITIONS
Mayor George referred to a complaint received from the Polaroid Conpany
located on 875 stanton Road, concerning Overpass traffic conditions,
advising that he had peraonally informed Mr. w. J. Chaplin, repre-
senting the company, of the plans in progreas to improve the Broadway
Overpaas and that ur. Chapl in vrould be notified at such time as public
hearings are sdreduled on the subject.
CUERNAVACA VISIT IN FORMATION
In reply to councilman crosby's inquiry, councilman irohnson confirrred
that the sister city comnittee is culrently formulating plans to head
a delegation to visit the city's sister City of cuerlavaca.
80
5. COI'IiI:TY SEWER PLAN
Mayor George announced that he rrould attend the forthcoming Civil
Defense-Diaaster Preparedness Council meeting on l{edneaday, January 18,
1967, at rrhich time the new City-County Cj.vil Defense budget lrould
be presented.
7. DIRT HAT'L CO!{PI,AINT
:[he City Engineer, in reply to an inquiry from Councifunan Crosby,
advj-Bed that engineers from the State Division of Highways uill meet
sith the llayor, the city tilanagrer and his of f ice on Ilreaday, alanuary 17 ,
1967, at 10:00 o'clock, a.m., to confer on plans to assiat the traffic
flow on the east side of the Overpass.
81
I{ICRO-FII,MING
The City Engineer, in reply to an inguiry from councilman Diederictrsen
stated that the used microfiLaing equipment to be purchaged from an
eastbay agency is not yet available to :fhe City of Burlingame.
PROTECTOGRAPH CONTROL CENTER I'NIT
ltayor ceorge refeEed to a memo from the City lfanager, subrnitted to
Council prior to the opening of the meeting, recommending that the
Burroughs Automatic Check Writer, used on a trial basis, be purchased as
a permanent office machine in the office of the City Treaaurer. lftre
city uanager reported that the time-saving efficiency and the greater
amount of protection from forgery and alterations warrant the expenditure.
Conunenting on Councilman Martin'E statement that the item is not an
allocated budget figure, t{ayor George stated that the item sas considered
at prior budget study meetings with revenue included within "Contingent
Fund " expenditures.
Follovring a brief discussion, wherein Councilman uartin expressed his
opposition to the expenditure, a motion was introduced by Councilman
Crosby, seconded by Councilman irohnson that the Burrougha Protectograph
control center Unit be approved and a purdrase order issued. llhe motion
thereafter carried by a majority Council vote.
ANNOUNCEITIEMTS
uayor ceorge announced the follorring forthcoming Council functions:
The Annual council-c@uission Dinner, Bob's on Broadway, lfhursday,
Pebruary 9, L967 a
Ilhe Annual Auxiliary Fire-Police-Council Dinner, Kim's Restaurant,
Trhursday, uarch 9, 1967.
ACKNOITILEDG!,TE}ITS
Receipt of the following rrere acknowledged by the Chair: Fire and Police
Reports, Ittonth of Decerob€r, 1966; itinutes of the Burlingame Parking
Comrission, dated Decembe r 29, L966i a communication from the state of
cal.ifornia Board of corrections, dated January 6, L967, complimenting
City administrators and the Chief of Police on conditions in the Burlingane
city Jail, following an inspection conducted and reported to the State by
the san lr{ateo County Department of Public llealth; a report from the Bay
Conservation and Development ComriEsion; and a letter fron Hr. Ralph Uoody,
submitting his resignation as a member of the Library Board, due to his
relocation to another City. Ihe City Itlanager was requested to communicate
trith ur. r,toody, expressing council regret on his resignation, conunending
his service to the City and extending an invitation to him to attend the
Council-Comnission dinner.
WARRANTS
warrants, Ii{onth of January, 1967, Nos. ?667-7A06, in the total amount of
$88,236.10, duly audited, were approved for palment on motion of Councilman
Crosby, Eeconded \r Councilman Diederichsen and unanimously carried.
PAYROLL
Payroll warrants, Nos. 12990-1344O and 100-144. in the total amount of
$f32,513.4O, f,or the ltonth of Decedber, 1956, were approved on motion of,
Councilman Crosby, seconded by Councilnan Diederichsen and unani.rnously
carried .
UOTIONS FOR!'IALI,Y SELECTING ARCHI?ECTS RE:
(a)
cb)
Recreation Center improvements
Waterfront area improvements
82
Councilman tilartin introduced a motion that Council fomally select
Ur. Kingsford alones, to perform the architectural serviceg for the
Recreation Center Improvements and the fim of Itoyston, Hanamoto,
ltayes and Beck to perform the arclritectural services for the City's
waterfront area and that the city Attorney prepare appropriate
contracts. Ihe motion was seconded by Councilman ilohnson and
unanirnously adopted.
CHAI,TBER OF COI{MERCE OFFICIALS
I{ayor ceorge acknorrledged the attendance of PauI iI. Constantino and
cilbert Rodli, President and Vice-President respectively of the
BurI ingame Chamber of corrnerce.
ADJOURNII{ENT
lflre meeting was regularly adj ourned at 10350 p.n.
Respectfully eubnitted,
y'/-,/,*g
HERBERT K. I{IIITE, CIIY CLERK
APPROVED 3 a
EDWARD D. G E,
<b4.----l .t