HomeMy WebLinkAboutMin - CC - 1967.02.0688
Burlingarne, california
February 6, L967
CAI], TO ORDER
A regular meeting of the Burlingame City Council was held on the above
given date. Ueeting called to order at 8:1O p.m., - ltayor George in
the Chair.
At word from the Chair, all in the Council Chamber arose and gave the
Pledge of Allegiance to the Flag.
ROLL CALL
Present - Councilmen:
Absent - Councilmen:
Crosby-Diederich sen-ceorge-ttartin.
Johnson.
Councilman Johnson, absent because of illness, was excused.
MINUTES
T'he minutes of the regular meeting of January L6, L967, subnitted to
council previously rrere approved and adopted.
REGIONAL PLANNING COUI,IITTEE
Uayor George announced the appointment of Everett K. Kindj.g, ?O4 Vernon
Way and John J. Brauner, 1434 Columbus Avenue, as Planning Commission
representative and alternate representative respectively, to the
Regional Planning CotrEnittee.
REQUEST TO LOCATE ON BROADWAY
A communication rras read from litr. Mel Hayden and Mr. Kent l{organ, dated
January 24, L967, advising that subsequent to receiving a permit from
Council to operate a Pamily Billiards Center at 1333 Hqrard Avenue, the
orvner of the building withdrew his offer to lease the premises, necessi-
tating the partnership to seek another location.
Tlhe communication further advised that a suitable location has been
found at 1174 sroadway; the operation shall be identical to that as
outlined in the prior application i all requirements will be complied
with and it was requested that Council transfer the original ticense
from 1333 Iloward Avenue to 1174 Broadway.
llhe Chair referred to the City Uanager, wtro briefly outlined the
proposed transfer of license, advising that inspection reports have
been received from the Health, Building and Fire Departments, with one
condition, enumerated by the Fire Department to be first resolved,
namely, that an "unobstructed exit to a public way" be provided at the
rear of the property.
The City Irianage r stated that an easement may be reguired to permit an
appropriate rear exit and suggeated that the applicants confer l,,ith
the office of the City Attorney on this point.
The Chair recognized !tr. I'{el Hayden, in attendance, r^rho stated that
the real estate agent, mrner of the property, has given assurance
there will be no difficulty in providing a proper exit.
PLEDGE OF ALLEGIANCE
COI{IITT'NICATIONS
1. FAI{ILY BILLIARDS CEIITER
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Following a brief discussion, the applicants were requested to present
a plan desigrned to comply with the reguirements to the City
Attorney and the subject was referred thereafter to the City Attorney
and to the City l{anager for report at the next regular neeting of
Council on February 20, 1967.
2. CREEKSIDE IMPROVEI{ENT REQUEST
A communication dated January 27, 1967, was read from !!r. Itob€rt L.
Rienecl<er, 1524 Cabrillo Avenue, referring to a creekaide hazard
endangering his home and requesting that the City of Burlingame provide
two adequate walls belorr the spillway on llills Creek, adjoining city-
o,vlred property and Lot #I, Creekside, Burlingame, his lot.
Recognized by the Chair, Ur. Rienecker identified a scale model he had
placed on display indicating the creek areas aurrounding his property
and the location of his home and through the media of photographic
equipment, illustrated by sketdres, slides and moving pictures, the
debris of fallen trees, rod<s and a concrete slab frdn a retainingwall, occuring in the area of his home during the haight of the recent
heavy rains.
!tr. Rienecker, in his presentation, referred to a telephone conver-
sation with f{ayor George wherein he was informed that the City is not
responsible for damagea incurred; h@ever, by action taken, altering
the watercourse, the City, in his opinion, is obligated to safeguald
the property.
I'1r. Rienecker also referred to and illustrated by picture slides, a
hazardous "rise" in the flooring of the pedestrian foot bridge over
an adj acent area of the creek.
Mayor ceorge, in confirming the telephone
and referring to the statement concerning
as .rn exarmple, a personal experience with
residential area, wherein property owners
to construct a retaining wall.
conversation with }{r. Rieneds
the City's obligation, cited
creekside problems in his
contributed personal funde
llhe City Attorney, questioned by the Chair, advised that a claim ehould
be filed with the city, for council to either approve or reject for
referral to the insurance carrier; there is an "added element, " however,
wherein the City installed a concrete for its properties and
it ha8 been alleged that said "slab" has created potential dangers
to the home; that "when buying properties located on a watercourse,
the ffners assume the reaponsibility' and council should refer to the
insurance carrier to malce a deternination.
Ehe City Engineer, in reply to the Chair, advised of hiE personal
visitation to the area and commented upon similar instances throughout
the City whereby erosion has created hazardous conditions.
Councilman Diederichsen, in a series of inquiri.ee to the City Engineer
was advised that maintenance crews are dispatched to problem areaa to
attempt to clear debris and to apply methods to protect private property.
To an inquiry from the Chair, the City Engineer advised that there
is a very little flow of water during the remainder of the year.
the City Engineer pointed out that many creek problems are created
by residents discarding unwanted Christmas trees, baby carriages,
mattres8es and sundry articles and by constructing retaining wa1ls
without obtaining a permit.
In reply to the Chair'a request for information concerning the foot
bridge referred to, the City Engineer stated that several years prior
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a railroad flat car was purchased and installed over the creek to
provide a pedestrian walklray from Cabrillo Avenue to Ray Park, for
the convenience of students attending Lincoln School; that the disrepair
of the timber decking thereon has been noted and a work order has been
issued to correct the condition.
Concerned with the hazard and expressing interest that it be rectified,
Councilman Martin questioned the City Engineer, who reported that
sanitary sewer problerns have been receiving first consideration.
Councilman Martin requested the City Engineer to include the cleaning
of the catch basins on Alturas Drive in the work schedule.
Purther discussion was concluded with Mr. Rienecker advised by Council-
man l,tartin, that while not unsympathetic to his problem, Council,
acting upon advice from the City Attorney, recouurended that a clainr
be filed with the City.
Mr. Rienecker consented to observe the procedure outlined.
lIhe City Engineer was requested by council to proceed fuunediately with
repairs to the foot bridge.
3. IRVING AI{STRI,P RE: TRUCK ROUTE
TROUSDALE DRIVE I,IILLS ESTATE
A communication dated ilanuary 11, 1967, was read from lr{r. Irving Anstrup,
27OB Trousdale Drive, requesting (l) that Trousdale Drive be made a
"prohibited" street for truck travel; that (2) the current ordinance
be more strictly enforced and that (3) the thirty-five miles per hour
speed limit and the eight-ton truck capacity requirement be inunediately
enforced and protesting at some length, the wide-spread use of the
street by nuraerous trucks from Burlingame and surrounding conmrunities.
A petition, bearing one hundred forty-seven lines of signatures of
Burlingame residents, urgently soliciting the enactment and enforcement
of an appropriate ordinance to prohibit unnecessary heavy trucks on
Trousdale Drive, was also read.
Ihe City Attorney, in reply to the Chair, confirmed that the City has
an ordinance regulating trucks. Stating that the ordinance (I) estaJclishes
truck routes and (2) irnposes weight limitations, the City Attorney gave a
resume of the provisions of the ordinance, includi.ng a section that
deliveries on streets in vehicles exceeding eight tons shaI1 require a
permit through application procedure and referred to new legislation
establishing a tyrenty-five miles per hour speed limit for motor trud(s
having three or more axles.
litr. William caplan, 2701 Arguello Drive, PreBident, uills Estate
Improvement Association, advised ttrat the petitions were circulated
independently of the colrununi cat ion from litr. Amstrup and questioned
(1) whether trucks over eight tons are permitted to travel over city
streets and (2) the nuriber of permits that have been issued under
provisions of the truck ordinance.
fihe City Attorney, in reply to the first inquiry, advised in the
neqative, adding, wi.th the exception of connnercial vehicles set forthin Section 13.60.010 of the Ordinance Code.
To the second inquiry, the city l{anage r advised that ttro permits have
beea issued for approximately two days of dirt hauling.
Mr. Caplan stated that from the nutdber of trucka operating on Trousdale
Drive, it wouLd "cover more than two days hauling"; that "if the present
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ordinance can be strictly enforced. it would satisfy the oqrners,,
and that the " concern is that the ordinance is being ignored. "
ltte City Manager expressed a sympathetic reaction to the problem on
Trousdale Drive, advising, however, that the City employed legal
assistance to provide a trucking ordinance that would be "permitted by
the courts", that the City "Iegally cannot restrain business trucks,,
as they are required to travel "the most direct route."
Mr. Irving Amstrup, 27OB Tlousdale Drive, spoke at some Iength of his
personal knorrledge and of reports received frorn ui1ls Estate residents,
wherein Trousdale Drive has becorne a route for many trucks emanating
from outside the City and that it was his opinion that either the
present ordinance is not being enforced or the ordinance is ineffective.
During the discussion, Mrs. Irving Anstrup, suggested that a "pollce'blitz"' placing a patrolman at each end of Trousdale Drive may prove
an effective control measure and further, that the signs posted on
Trousdale Drive, designating "regulated trud( route" be revised to
indicate the prohibition of trucks in excess of weight limitations.
Follor'ring a verification by the City Attorney that an appli.cation
procesaed and a permit issued legally authorizes truck travel of
excessive tonnage on Trousdale Drive, Councilman lrlartin obeerved that
it appears evident that permits are not being obtained.
Continuing, Councilman Martin stated that he has "no intention of
stopping trucking" r this (Trousdale Drive) is a prirnary street";
"it wae planned that rray" and "it can be regulated. "
Further discussion was concluded with Council concurring that
Trousdale Drive warrants further surveillance and a stricter enforce-
ment of the current ordinance sherein permits are required for
excessively heavy trucking and dirt hauling operations.
In reply to lrtr. Caplan's inquiry as to whether the designation
"regulated truck route" on signs posted on Trousdale Drive was
sufficient notice to the trud<ing industry, Councilman Martin recom-
mended that a rnore appropriately worded sign to indicate that a
penait i.s reguired, be considered and the City lrlrnager was requested
thereafter to investigate.
RECESS
A Rece86 was declared by the Chair at IO:2O p.n.
CALL TO ORDER
The meeting eras reconvened at I0:3O p.m.
COUttt NICATIONS (continued)
4. PROPOSED FORI{ATION BURLINGAME
PLAZA STREET LIGHTING DISTRICT
A memo from the City Manager, dated February 2, L967, advised that
!1r. George Ivory of the Burl ingame Plaza merchants has been interesting
property owners in upgrading the Plaza's street lighting; a rePort
from the city Engineer indicates that the project cost is egtimated
at approximately 96,00O.O0 and as the cost will be Paid by assessment
procedure, it was reconmended that legislation be adopted to initiate
an asseEgment district formation.
!{r. Caplan further stated that nlxlerous complaints have been referedto the Police (the City uanager eras requeated to investigate thispointr) the "problem is serious and to date has not been resolved."
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A letter was also read from I{r. Kenneth I. Jonea, Attorney, repreEenting
the law fiun of Wilson, Jones, uorton & Lynch, dated January 31. 1967,
advising that reaolution8 to initiate a lighting district have been
prepared for Council consideration and action.
Mayor George recognized Mr. Philip D. Assaf, in attendance, representing
the law firm and the merchants soliciting the formation of a lighting
district, who explaj.ned the area whereon street lighting standards rrere
proposed and the bonds to be issued as provided in the Improvement Bond
Act of 1915.
Ur. George Ivory presented a map to indicate that sixty percent of
the property orrners have approved the formation of a District.
councilmar Irlartin questioned the advisability of the improvement pro-
ceeding on the basis of an assessment district, stating that the fees
and bond servicing cost percentages lroul,d add considerably to the
District costs.
Tihe city Engineer, in a brief resume of costs, advised that without
going to bond procedure, a saving of approximately $1,20O.OO would be
realized by the property owners, with costs ranging from approximately
$1OO . O0 to a maxi.nurn of $880 . OO .
Mr. Ivory accepted the reconmendation of Council that he again approach
the property owners seeking their reaction to proceed with the lighting
improvement on a direct cost basis.
Action on resolutions prepared to initiate an assessment district was
withheld pending receipt of a report from Itlr. Ivory at the next meeting
of Council on February 2oth.
5. CAROLATiI AVENT'E- TOYON DRIVE
DRAINAGE I}IPROVEME{:TS
A conununication from the Director of PubLic Works, dated January 3l , 1967,
requested that legislation be adopted accepting a grant of easement from
the Southern Pacific Company to permit the City to i.nstall storm drainage
facilities across the southern Pacific properties near carolan Avenue and
Toyon Drive.
The City Manager reconunended the adoption of a resolution to obtain the
drainage facilities, in a memo footnoted on the comnunication.
6. LOWRIE PAVING CO. WORX ACCEPTANCE
A cotnmunication from the Director of Pub1ic Works, dated January L9, L967,
advised that the Lowrie Paving company has satisfactorily completed
storndrain ifiprovenentg, schedule I. Eoward Avenue project and it was
requested that the project be accepted as corplete.
A reconrmendation from the City Manager that legislation be adopted to
formally accept the project was footnoted on the communication.
RESOLUTION NO. 4-67 "Acce pting Hoqrard Avenue Storm Drain, I{est Lane to
Myrtle Road, Job No. 65-12 - Schedule 1" (Lowrie Paving Co.,) was intro-
duced by councilman Crosby who moved its passage, seconded by Councilman
Diederichsen and unanimously adopted upon RolI Ca}l .
RESOLUIION NO. 3-67 "Authorizing Acceptance of Grant of Easement from
@any, a corporation. dated February 6, 196?" was
introduced for passage on motion of councilman crosby, seconded by
Councilman Diederichsen and unanimously adopted upon Ro1I ca11.
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7. GAS TA)( BI'DGET ALIOCATION
RESOLIEION NO. 5-67 "Resolution of the Cit y Council. of the City of
Burlingame Adopting Budget for Expenditure of Punds Allocated fromthe State Itighway Funds to Cities" (section 21O7) was introduced for
passage on motion of Councilman Diederichsen, seconded by Councilman
Crosby and unanimously adopted upon Roll Call.
8. AIIZA PACIFIC @RP.REVOCABTE PERUIT
Reference was made to a proposal presented by the Anza pacific Corpora-tion for a roadiray egress and ingress over City property north of AnzaPacific's subdivision development, considered at the study meeting of
Council on february 1, 1967.
Councilman llartin thereafter moved that the City Attorney be directedto prepare for submission to Council and its subsequent _approval, a
revoca.ble permit to be issued to the Anza Pacific Corporation, aeconded
by Councilman Diederichsen and unanimously carried.
RESOLUTION NO. 6-67 "Authorizin g Execution of Agreement By and Betlreen
the City of Burl ingame and ltoyston, Hanarnoto, Mayes and Beck, LandscapeAlchitects, for the Preparation of a Uaster Plan for the Improvementof City Park" was introduced for passage on motion of Councilman Uartin,
seconded by Councilman Crosby and unanimously adopted upon RoU CaU.
RESOLUTION NO. 7-67 "Authoriz ing Execution of Agreement By and Between
the City of Burlingame and Kingsford ilones, A.I.A., for the Preparation
of Plans and Specifications for Alterations, litodificatione and lleu
Construction at the Recreation Center" \das introduced for passage on
mot ion of Councilman Uartin, seconded by Councilnan Crostry and unan-
irnously adopted upon RolI Call.
ORDINAIICE NO. 861 "An Ordinance of the Cit y Council of the City of
Burlingame Authorizing an Amendment of the California State Bnployees'
Retirement System" (Police Cadets, Library Pages, etc.,) was given its
second reading and upon motion of Councilman Crosby, seconded by
Councilman Diederichsen, said Ordinance passed its second reading and
r^ras adopted by the folloring Roll Call vote:
Ayes: Councilmen:
Noes: Councilmen:
ebsent Councilmen:
Crosby-Diedericlrsen-ceorge-Uartin.
None.
Johnson.
oRDINAIICE NO. 862 "An ordinance Amendin g the Municipal Code of the City
of Burli.ngane By Adding #13.25.010 aixing the speed Lirnit for Certain
Vehicles Descending Trousdale Drive at 25 miles per hour" was before
council for consideration.
I'he city Attorney advised that a portion of the language was deleted in
error in section 13.25.o1o of ordinance No. 862, and recommended that
the follorving words be inserted as an amendment to the ordinance: "at
a speed in excess of tlrenty-five (25) miles per hour."
Councilman Martin moved that the words be inserted as recommended by
the City Attorney, seconded by councilman Crosby and unanirnously carried.
ORDINNifcE No. 862 was given i.te second reading and upon motion of Council-
man ttlartin, seconded by Councilman Diederidrsen, said ordinance passed
its second reading and rras adopted by the following vote:
Ayes s Councilmen : crosby-Diedericheen-George-ltartin.
NoeE: councilman: None.
Absent Councilmen: Johnson.
RESOLUTIONS
ORDINAI{CES - Consideration thereof:
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POLICE CHIEF TO ATTEND F.B.I. SCEOOL
An invitation from iI. Edgar Hoover extended to the Chief of Police to
attend the F.B.I. Acadeny, considered at the study meeting on February I,
1967, r*as formally accepted and a motion permitting Chief Carl M. Lollin
to attend the Academy, was introduced by Councilman Crosby, seconded by
Councilman l4artin and unanimously carried.
SI'PERVI SOR ROBERT B. ST. CLAIR
I'layor George ackncnrledged the appearance of, and introduced Mr. Robert
B. St. Clai.r, San l{ateo County Supervisor.
Following an exchange of rrord s of welcorne, ur. st. clair stated his
desire to attend council meetings on occasion, in an endeavor to
" cement relations betlreen the County and the City of Burlingame. "
1. PRINGLE CONSTRUC1TION CO.RE:
REMOVAL OF " PENTTIOUSE" ROOF
Ur. R. Douglas Pringle, before Council to present building plans to
indicate that the penthouse construction on his Skyline To}rers project,
erected in violation of a buildling permit, will be loxrered to a height
of four feet, as sanctioned by Council action at the last regular
meeting, was recognized by the Chair.
contnenting on the concern of Council, expressed on prior occasions,
that the penthouse would be constructed to completion in the future,
Mr. eringle suggested that a "subdivision restriction" would prohibit
suctr usage and that the funds saved \z adopting Plan "c" vrould be
applied to landscaping and beautifying the grounds.
A brief discussion revealed the ineffectiveness of a "restrictive"
covenant as proposed by ur. Pringle.
Revierring previous hearings on the violation occurring during theproject construction, Council individually comnented on the original
order issued to remove the penthouse, the withdrawal of objections
from adjacent property orrners and the modification thereafter by
Council to permit the lorering of the penthouse roof to a height of
four feet.
Councilman Martin moved that the origina] order of Council to remove
the penthouse construction entirely, be amended to permit Mr. Pringle
to conform to his with all requirements of the building code
to be met satisfactorily. Trhe motion was seconded { Councilman Crosby
and a Roll call vote recorded as follor,rs:
Ayes: councilmen:
Noes: Councilmen:
Absent Councilmen:
Crosblr-Diederich sen-George-Martin .
lilone.
ilohnson.
2. DANCE PERMIT ''TIIE PIITTER''
I'he City Uanager advised that in response to an inquiry fr@n CounciLman
Diederichsen at the last regular meeting, his investigation indicated
there is no drange in the status of the dance pe nit issued to "IhePutter" previously by Council.
I'NFINI SHED BUSINESS
Irtr. Pringle presented a group of three plans: (1) Plan "A" - "Penthouse
Roof lor.rered to four feet; ) (2) PLan ouse Roof loyrered to
six feet, eight incttes " and (3) Plan "C" - "Interior Slab remains the
SErme - Facia Lowe red " and expressed his preference that
permitted.
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3. PT'B SO-HO ADI/ERTI SEMEhIT
1[he City Manager advised that from an investigation of the Pub So-Ho,
as requested by Councilrnan Diederichsen at the previous meeting, his
Off,ice has been adviEed that a coin-operated billiard machine device
has been installed and therefor is not included in a category requiring
a business license.
fhe City Engineer stated, in reply to Councilman Diederictrsen's inquiry
concerning the rernoval of debris along the tracks of the southern
Pacific Company, that he has been advised that a separate Southern
Pacific Cotnpany's maintenance crew will clear the debris lining the
tracks in the very near future.
In reply to councilman crosby, the city Engineer advised that a project
report on proposed plans to improve Overpass conditions will be sub,nit-
ted soon to officials in Sacramento, with Council to be infornred there-
after.
Mayor ceorge, referring briefly to a proposal presented by the Keyston
propertj.es some time prior, to assist in alleviating some of the problems
in the Overpass area, will be discussed at the next Council study
meeting .
1. CITY-COT'NIY CIVIL DEFENSE BT'DGET
lt{ayor ceorge, Council liaison, civil Def enae-Diaaster Preparedness
Council, advised that the sum of $38.00 has been designated as the
City's share of cost in the city-county civil Defense Budget.
2. "JI'NfPERO SERRA FREEWAY "
Uayor George read a copy of a resolution pertaining to the ilunipero
serra Freelray, recorunending the realigmment of four miles of roadway
to the most easterly boundary of the San Francisco water Department's
property and advised that at the next meeting of the Council of Uayors,
he is to relay council's reaction to the proposal.
Supervisor St. Clair stated that he original-Iy opposed the change
because of the increase in cost; a later " compromise, " wherein the
PUc indicated it would cooperate with the County in providing property
for a college site, reversed his decision.
councilman uartin stated that he would be " inclined to abstain" until
additional information were known i suggesting, however, that l,tayor
ceorge vote on the subject at his discretion.
Councilman Diederichsen voiced his approval, stating that the "uPPer
route lrould be more scenic."
3. PACIFIC AIR COM!4ERCE CENTERS
Upon advice from the Chair that rePresentatives of PACC are desirous
of meeting with council to discuss their Proposed bay project, the
date, !{arc}r L5, L967, was tentatively scheduled as a council study
I{eeting and conference with PACC.
4. SOTIII{ERN PACIFIC TRACK DEBRIS
5. OVERPASS III{PROVEII{ENTS
NETY BUSINESS
Councilman crosby stated that he would support the upPer route,
"because of the college site" as explained by supervisor st. clair.
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Councilman ltartin suggested that members of the Planning Comnission
also be extended an invitation to attend,
4. REGIONAL PLANNING COM}4ISSION
councilman oiederichsen reported his attendance at a meeting of the
Regional Planning Comnris sion on Ihursday, February 2, L967.
5. " RECREATION DEVEIOPMENT COUPLEX"
Mayor George advised of his receipt of a conununication fron Supervisor
ilames fitzgerald, written at the request of Mayor O'Connor of l.tillbrae,
requesting his mernbership on a corunittee to study a proposed bay
" Recreation Development complex" and his reluctance to accept.
Councilman llartin questioned the formation of an addj.tional corunittee,
stating that in his opinion, the subject should be under the juris-
diction of the Regional Planning Commission's Task Force.
supervisor St. Clair advised that the Board of Supervisors is interested
primarily in the "overall effect" the proposed "complex" would have on
the County and suggested that a comnunication be transmitted to
Supervisor Fitzgerald reconmending that the subject be referred to
Task Force.
ACKNOWT,EDGMENTS
Tihe Chair acknovrledged receipt of minutes from the Planning Commission
and the Library Board and Parking Conunission; a report from the county
Health Departnent, Decedber, 1966, and conununications frorn the county
of san llateo Planning corunission, dated February L, L967, the California
Roadside Council, dated January 31, 1967, and from the City Planner,
dated Janua ry 25, 1967, the latter referring to the unavailability of
federal funds for the City's "general plan" project.
ADJOURNI4EN?
Tlhe meeting was regularly adjourned at 12:25 a.m.
Respectfully sut'nitted,
HERBERT K. I,|IiITE, CITY CLERX
APPROVED:
EDhIARD D. GEORGE, MAYOB
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