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HomeMy WebLinkAboutMin - CC - 1970.12.07ffi9' Burlingame, California December 7, L97O A regular meeting of the Burlingame given date. lfhe meeting was cal1ed william J. crosby. City Council was held on the above to order at 8:0O p.m., by Mayor Present: Absent : Councilmen Anstrup, Crosby, Johnson, Mangini, Martin. Councilmen: None. I'TINUTES The Ir1inute6 of the regular meeting of November 16, 1970, submitted to Council members previously, were approved and adopted. LINCOLN PROPERIY COUPAIIY SHORELAND COMPANY PROPERTY DEVELOP!4ENT The Chair announced that a public hearing on the proposal of the Lincoln Property Company had been continued f rom the regular meeting of Novedber 16, to ascertain frqn the developer at this time, the status of its agreement with the Burlingame Shore Land Company to develop property owned by the latter corporation. Mr. Quentin Cook, Attorney, representing the Lincoln Property Company, advised that the Board of Directors of the Burlingame shore Land company, in a recent action, and upon the hrritten request of the Lincoln Property company, has terminated the contract agreement i a local developer has been granted an option by the Burlingame Shore Land Company to the end of this week to colLaborate with a finance colnpany on a joint venture to develop the property, similar in detail to the project proposed by the Lincoln Property company, the new pJ.an, sufficiently aLtered, suggests that the proposal should be referred to the Planning Commission, under variance procedure. subsequent to a formal signing of the contract t the nee, developer is concerned that if the project is completely abandoned, a delay of one year would be required before a new application could be re-processed and it was ttrerefore requested that Council initiate an action that erould assure a continued interest in the proposed development. Folloq/ing a brief discussion, Council concurred with the recomrnendation of the city Attorney that the subject be continued to a date positive and set forth uonday, January 18, 1971, or a date earlier, as a time to acknowJ.edge pJ.ans for the project development. 1. INQUIRIES IN RE: BURIINGAIIIE AVENUE AREA OFF-STREET PARKING DISTRICT A communication frorn Miss Frieda freund, dated Novembet 27, 197O, referred CAIL IIO ORDER PLMGE OF ALI,EGIANCE At lrord from the Chair, al1 in the Council Chanber arose and gave the Pledge of Allegiance to the Flag. ROLL CALL HEARING In reply to inguiries fron the Chair, the City Attorney advised, in essence, that insofar as procedure is concerned, either the Planning Conunis sion or the City Council may process the application; if to be processed by counciJ., the present issue should be continued to grant the nev, applicant a period of time to prepare his plans for presentation to council. COIi{I,II NICATIONS 410. to the new Burlingame Avenue Area Parking District and to her assessment al.location paid in fulL "under protest." Mi6s Freund, itemizing the three originally proposed acquisitions of dohrltor^rn property that were to be inc]uded within the District, posed a series of inquiries that referred to the "excessive" assessment that included the acquisition of only one parcel, that of the old City llall 1ot, and deleted the walkway on Burlingame Avenue to Donnelly Avenue and excluded the Post Office parcel. Members of council and the city Attorney explained the procedure of public hearings applicable in the formulation of a Parking District, the decision to delete the walkway, fo1lowing due consideration given to those legalIy filed protests, the withholding frcm the District of the Post Office parcel until it may be acquired and the authorization thereafter to se1l bonds for the purchase of the City Hall lot. Irliss Freund, in attendance, voiced her verbal protest to being a participant in an assessment district to which she receives no benefits and also to the construction of a children's playground area within the new parking lot. Miss Freund was advised that funds derived from the sale of the bonds were applied only tvroard the purchase of the old City HaIl site and assessments were aet forth accordingly. Following further discussion, !{iss Freund was invited by the Chairto arrange for an appointment sith the City Uanager, at which time he also would be present to further clarify the issue. 2. GREGORY & SONS REQI'EST IN RE: SPECIAL CONSTRUCTION PERMIT EXTENS ION A communication frorn Mr. A. w. Hall, General Partner, Gregory & Sons, dated Novetnber 16, 1970, recalled that on December 16, 1969, a special permit for the construction and operation of a high-rise hotel on an approximate five acre parcel located in the northeasterly quadrant of the Broadway interchange at Bayshore Freeway in Burlingame was approved by Council action and hras subsequently extended by the Planning Conunission to Decerober 16, 1970. Ur. EalI advised that since the granting of the permit, specific elements of work have been completed t hohrever, due to economic con- ditions beyond the control of the Corporation, the latter has been unable to resolve the key problem of construction financing and it is therefore requested that in consideration of the time, money and work invested in the project to date (1) the City of Burlingane agree that constructive work has been started on the project and has earned the right to continue at its discretion, or (2) the use permit be extended to Decerib€r, L97L. Acknowledging that the applicants have completed certain phases of the project development, councilman uartin moved that a special per- mit, originally granted to cregory & sons in December of 1968, be extended to December 16, 1971. The motion was seconded by Councilman Johnson and unanifiously carried. 1 R. DOUGLAS PRINGLE APPEAI.I RE: VARIANCE TO COMPLETE SOCIAL ROOI.I A communication from R. Douglas Pring1e, dated December I, 1970, appealing the decision of the Planning conunission in denying a variance to construct a social room on the roof of a building at 3155 Frontera way, r*as acknowledged and the subject set for public hearing before council at its regular meeting on Decenibe r 2L, L97O- 4tt' 4. BURLINGAME ART SOCIETY PROPOSAT A conmunication was received from the Burlingame Art Society, dated December 1, 1970, requesting that the present plans for Bayside Park be amended to provide for the dedication of a parcel of land for the purpose of establishing an Art Center in the near vicinity of "Phase I" south of the parking area. lfhe conununication advised that the City of Burlingame is fortunate in having many talented artists as well as a public who is interested in the arts and an art center rrould be a definite asset to the Bay Park. Councilman Johnson spoke on her meeting with representatives from the Art Society and expressed her interest in exploring the proposal in depth. llhe City Uanager, in rep).y to the Chair, advised that upon his request, his Office researched into the records of the City and learned that in 1960, a bond issue to establish an art center was defeated by a 3,958 "no" vote to a 443 "yes" vote. Councilman Johnson. in rep1y, stated that because interest in the arts, the proposal merits further of the current-day research and study. Mrs. wilma B. Myhre, Committee Chairman, Burlingame Art Society, representing several members of the Art Society in attendance, offered the services of the organization in collecting information for Council cons iderat ion . Ihe City l.lanager was requested to inform the Art Society at such time as the subject will be on the Council's study meeting agenda. Councilman llartin suggested that the City I'lanaqer obtai.n from either the city of walnut Creek or the City of Concord, information on the construction of its particular Art center, including cost estimates. IN WII,D LIFE PARK AREA A conununication from the City ltlanager, dated Decedber 3, 1970, referred to a cornmunication received frcrn the Fire chief concerning requests from property owners abutting the canyon area, that the City take measures to assure their safety from fires. The City llanage r stated that the Fire chief has surveyed the area, estimating a cost between $1,000.O0 and $1,200.00 to provide fire trails that would reduce the fire potential and reconmended that the project for the canyon area be approved. The Fire Chief verbally confirmed that the citizens are concerned because of the potential fire hazardsi numerous small fires have occurred each year caused by juveniles and fire break areas would be beneficial in containing fires particularly when high winds are prevalent. Questioned by O\^tners On the majority have councilman llartin. concerning the status of those property south side of the creek, the Fire Chief advised that the cut fire trails and are relatively safe. The Fire Chief further adviaed that his Department will conduct a campaign armong the property ovrners and he is hopeful a1so, that fire trails in the areas of the lqills Estate will be provided this Summer. Following a brief discussion, the Fire Chief was authorized to proceed with the fire trails project in the wild life canyon area. ART CEI.ITER PROVIDED IN BAYSIDE PARK 5. PROPOSED FIRE BREAKS 4\2 A communication from the City Planner, bearing also the signature of the Building Inspector, dated November L2, 1970, referred to an amend- ment to the code regulating s,wimming pools, as requested recently by the swimming pool contractors' association; the change permits a rnethod of vrater reclamation and re-use hrhich did not exist at the time the regulations were adopted. oRDINANCE No. 927 "Amendin g Sec. 23.040.070 of the Municipal Code negulating the Water Supply to Swirnming Pools" was introduced by Councilman Anstrup for first reading. 7 . ROLLINS ROAD SEWER II,IPROVEI{EIiI:TS A communication frorn the City Engineer, dated Decenber L, 1970, advised that the Lovrrie Paving Company has satisfactorily completed the small sanitary sewer improvement project on Rollins Road and it was recotnmended that the project be formalJ.y accepted. An addendum on the conununication from the City Manager, dated Dece ber 2, 1970, concurred with the recommendation. RESOLUTION NO. 97-70 "Acce pting Construction - Sanitary Sewer Improve- ments Rollins Road Sewer Extension - Job No. 70-II" (Lowrie paving - $4,415.8O) was introduced for passage on motion of Councilman Amstrup, seconded by Councilnan lrohnson and unanimously adopted upon RolI call. 1 GRANT DEED - HAZEL STEINBECK RESOLUrION NO. 98-70 "From Hazel Clifford Steinbeck , dated Novenber 24, 1970" for the acquisition of Lot 6, Block 3, Burlingame Land Co., l.Ias introduced for passage on motion of Councilman Amstrup, seconded by Councilman Johnson and unanimously adopted upon Roll cal1. RESOLUIION NO. 99-70 "Determinin g and Fixing Naroe of victoria Park"(intersection of Howard-Victoria Avenues) was introduced by Councilman Mangini, who moved its passage, seconded by Councilman Arastrup, and unanimously adopted upon Roll caIl. 3 . LIBRARY CONSI,ILTANT AGREEI,{ENT RESOTUTION NO. lOO-70 "Authoriz ing Urecution of Agreement By and Between the City of Burlingame, a Municipal Corporation and ifack Comey, Doing Business Under the Narne and Style of J. H. Comey Co., For Consulting Services - Public Library" rrras introduced by Councilman Johnson, hrho moved its passage, seconded by Councilman Anstrup and unanimously adopted upon Roll Call. Ir{r. Vernon Burgess, representing the Ad-Art, Incorporation, presented a rendition of a proposed freehray directional sign and a sample display of simulated rock and explained some of the features of the sign that have been revised as discussed during prior conferences. Councilman l.,lartin stated that he vras not in favor of the proposed word- ing - "aurlingame - Home and Industry" suggesting that a more appropriate legend on the reader board be selected. 6. SWIUMING POOL CODE AT{ENDUENT RESOLUTIONS 2. VICTORIA PARK I'NF INI SHED BUSINESS 1. AD-ART PROPOSAL IN RE: FREEVIAY D I RECT IONAI., SIGN INSTALLATION 413' Discussion arose on the maintenance costs of estimated figures quoted by Ur. Burgess $rere Council . the directional sign and considered excessi.ve by In replying to an inguiry from Council, Ur. William Hauser, ceneral Uanager, Chambe r of Commerce, suggested that the matter of an appropriate legend for the sign's reader board be referred to the Chambe r of Commerce's Industrial Division for recomnendation and report to Council. Council thereafter concurred to withhold an action to the next regular meeting, with the City Attorney, in the interim, to completely review the contract and l,[r. Burgess to prepare a list of costs to maintain the sign. 2 BUILDING PROJECT COMPLETION DATES Councilman Johnson questioned disposition of legislation proposed setting forth a schedule of construction completion dates, estimated at the t ime building permits are issued. The City Attorney recommended, with Council concurring, that his Office be authorized to prepare legislation for consideration at the next regular meeting. 3. SEQUOIA-TROUSDAIE INTERSECTION Councilman Johnson advised that the Uinutes of the Health, Safety & Traffic Cornrnission, under date of June 11, 1970, record that the matter of the installation of a stop 6i9n at the intersection of Sequoia Avenue and Trousdale Drive was investigated by the Traffic Department and the comnission thereafter concurred with the reconnendation that the inter- section does not warrant the installation of additional stop signs. SISTER CITY AFFILIATES Councilnan Johnson reported that ltinutes taken Affiliates meeting at the recent conference of Cities are available. at the Sister the League of City Cal ifornia 5. DOWNTOWN BEAUTIFICATION PROGRAIT{ Iltayor Crosby invited !1r. Robert R. Thompson, Chairman, Chamber of Commerce Burlingame Avenue Beautification Committee, to comment on a proposed petition to be circulated among owners of businesses to accoritplish a beautification program on Burlingame Avenue. Mr. Tlhompson advised that copies of the petition were presented to council for review and possible suggestion. I{ayor crosby requested clarification on Petition Item #4 relating to businesses exempt from paying city licenses and solicited to contribute to the cost of the beautification progr€im. Il1r. Thompson stated that it was the opinion of his committee that such agencies as the Bank of America and the Telephone Company, now license- exempt, would have no objection to contributing their proportionate share to the Beautification As6essment District. Ir{r. 'I'homp son reminded Council that the petition has no lega1 status, that it is merely an initiatory step to stimulate interesti public hearings hereafter scheduled will be the determining factor. Ihe City Attorney, in reply to an inquiry from the Chair, and following a brief review of the contract terms, stated that he would presume thatit is a standard sales contract formi however, there were a number of the issues that required further analysis. 4. {a4' Petition Item #5, referring to a total cost of the improvement in an amount not to exceed $22O,O0O.OO, initiated considerable discussion on the merits of quoting beautification costs on the basis of store front footages instead. In a final analysis leading statements, as written. Councilman tlangini questioned the ment within the petition, in that Program. the interest of avoiding possible mis- reconunended that Petition Item #5 remain prudency of including such a state-it may negate the beautification and in it was counciLman Martin, cornmenting upon current-day governmental financial conditions and revenue problems that will face cities, stated that the city of Burlingame will be obliged to increase its business Iicenses; that this increase will effect the merchants over and above the assessments for the beautification program. Council members confirmed that current business licenses in the City of Burlingame have not been increased for the past fifteen years. I.{ayor crosby suggested that a statement informing the merchants on the possibility of a business license increase be included within thepetition; that the subject of the increase, in any event, will beinitiated at the time of the public hearings. Ur. llhompson concurred that a statement so attadled to the petition, was, in his opinion, untimely. Councilman Amstrup questioned the propriety of Council the petition, stating the opinion that its circulation the concern of the Chamber of Commerce. in discussing is strictly Mr. lfhompson explained that it was sutxnitted to Council particularly to obtain vietrs with respect to the format of the petition. The subject was concluded with Mr. flhompson assuring Council that the merchants will personally be alerted to the possibility of an increasein the City's business license fees. 6. BAYSIDE PARK BIDS The City Engineer advised that a formal to either accept or reject bids for the action is reguired of Council Bayside Park improvements. Reference hras made to a conmunication under date of Decerdber 3, 1970, from the law offices of Joseph D. Geller, representing l'{unkdale Bros., Inc., the low bidder on the Bayside Park Improvement Project, Phase I, requesting that Council consider entering i.nto negotiations with his client with regard to deletions and,/or dranges that might lessen the cost of the project. An itemized list of building features that may be eliminated from the original bid, accompanied the communication. ?he City Attorney advised that the current offer is substantially a new proposal and presents a 1ega1 problem particularly in that other bidders on the project have not been invited to bid on the same basis. It was thereafter moved by Councilman l,langini, seconded by Councilman Arnstrup and carried that the entire set of proposals submitted by the bidders for the Bayside Park Improvements, be rejected. RECESS A recess rrasat 10:30 p.m declared by the Chair at IO:2O p.m., and was reconvened 415. UNFINISHED BUSINESS (Continued ) 7. RECREATION CENTER CONSTRUCTION lrhe City ltlanager advised that Ur. Kingsford Jones, Recreation CenterArchitect, was present to reply to CourE i1 inguiries and to certifythat the major portion of the construction hrork at the Recreation Center has been completed. Itre City lilanager advised that the retention of 94,250.00 from the overall palrment is sufficient to complete the minor unfinished items. The Chair referred to the City Attorney for his opinion relative to a claim filed with the General Contractor by the R. D. Ramirez Construction Co., in the amount of $1,10O.O0 for an unforeseen expenditure that arose during excavating and grading work. The City Attorney advised that if the expenditure is justified, the proper procedure requires that the contractor file a ehange order with the City and that no action can be taken until such application is received and properly processed. Ur. Jones explained in some detail, the construction that has been thus far completed, the pundl list items that have been cleared and stated that the hold-back of $4,250.00 as reconunended by the ceneral Contractor is well in excess of the cost of the items remaining to be completed. Items of concern, in an inspection report filed by the Building Inspectors, under date of Decedber 7, 1970, were reviewed by !!r. afones and the cost therefor enumerated; several are a question of the inter- pretation of the BuiJ.ding Code; two in particular, concerning the machine rooms over the lounge area and the air gap for the kitchen sink have been referred to the Plumbing Board for code interpretation. I{r. Jones confirmed that in the matter of the Ramirez claim, the issuance of a change order rrould be proper. Councilman Uartin protested some of the construction work that has been accomplished \rithout proper authorization. ItIr. Jones, particularly referred to the electrical contractor, stating that the firm was most cooperative in complying with requests for certain changes in electrical outlets, concurring, however, that any changes 6hou1d have been referred to the General Contractor. Following considerable discussion, Councilman Xartin questioned whether change orders on an itemized list authorized. referred to and had been duly The city Manager confirmed that his office had approved all change orders as they brere presented. councilman Martin moved that the contract of the R. D. Moore construction company be accepted as substantially complete and that the sum of $4,250.00 be retained for palrment upon completion of the remaining items. lIhe motion was seconded by Councilman Anstrup and unanimously carried. The City Attorney advised that the claim filed by the Ramirez Construction Company should be discussed with the General Contractor. Mr. Jones stated presented by Ur. the opinion that in view of circumstances, the claim Ramirez is a legitimate cIaim. that will require changes hrere enumerated by l{r. Jones: in the machine rooms over the lounge area and the air sink, referred to the Plumbing Interpretation Board, The (1) gaP following items fire protection for the kitchen 416. and (2) Attic fire-proofing, a nominal cost apportionately by the Architect, the ceneral city of Burlingame. Councilman Martin reported betueen sherman Avenue and be alerted. ACIG.IOhILEDGIIIENTS The Chair acknowledged receipt of the following: COMI\4I,'NI CAT IONS 1. Correspondence with respect to a complaint received from r{illiam A. NeJ,son, concerning failure to place proper traffic control signs in the area of a water main construction project on Balboa Avenue and notification sent to It{r. Nelson by the City Engineer that the pipeline project is being accomplished by the City and County of San Francisco, who, in the interim, has assured ttr. Nelson and the City of Burlingamethat proper signing will be installed hereafter. that wiII be shared Contractor and the a muddy street condition on Balba Avenue Easton Drive, suggesting that the contractor The City Engineer advised that he would inspect thi.s particular area and stated that during the course of the project construction, his office has been frequently required to request the contractor to remedy certain conditions . 2. Frotn the City Planner and the nuilding Inspector, <iated December I, 1970, reporting a building violation in the conversion of a garage into a second dwelJ.ing on the premises at 822 Linden Avenue, zoned R-1, single-family. lhe City Attorney advised that he has scheduled a meeting with an attorney who will assist in the processing of building violation 6uits, authorized previously by Council; his assistant will undertake the William J. Thompson building violation and the nunber of otherviolations he will be in a position to process will be determinedat their conference. Referring to the current violation, the city Attorney his office would request departmental cooperation in owrirer of the sub j ect property . advised that locating the 3. From the Police Department, dated November 13, 1970, expressing the appreciation of the department for the Council and the City l.lanager's attendance at the recent retirement dinner held for Captain Price and Sergeant Watson. The Chair questioned whether the examination Police Captain had been scheduled as an oral The City December for the position of examination. Clerk replied in the affirmative, advising that tlonday, L4, 1970, had been so scheduled. Further discussion ensued on the subject of a memo received previously by council from the City Uanager on the procedure of the City of San Mateo's Civil Service Commission in relying on the rating grades of experts asked to assist in conducting oral examinations. councilman Martin expressed a preference that the same procedure be applied in the city of Burlingame. Following a brief discussion, the City lrlanager was requested to com- municate with the Burlingame Civil Service Commission asking that the ratings of the experts be included with those of the Commissioners when examinations are conducted for City trnsitions. 4-l? The City llanager hras authorized to make an appointment to the Police Department from the current eligible list for Police Sergeants. Referring to the recent police car accident involving sgt. willian Rowland and Sgt. David Porter, the Chief of Police advised that both officers have been released from the hospital . ftle City llanager was requested to write an appropriate message in behalf of Council to each. 4.From Roy R. Lucchesi, dated Novedber 12, L97O, submitting his resignation as a membe r of the Health, Safety & Traffic Coruris sion. City Manager was requested to extend the appreciation and thanks council to Mr. Lucchesi. The of 5. From Robert Commission, Commission. C. Bills, membe r of the Health, safety & Traffic submitting a name for appointment to a vacancy on the suggested that the City Manager investigate the City establishing a blood bank. that the progrErm would require investigation City governmental departments are avaj.lable The City Manager advised that two vacancies currently exist on the HeaLth, Safety & Traffic Commission and council was requested to submit names for potential appointment. CIVIL SERVICE COI-TMISSION AP POINTI{ENT council unanimously confirmed the reappointment of !1r. cyrus J. Mcl,tillan as a member of the Civil Service Commission. tJtayor crosby advised that in a recent conversation with conunissioner william ward, he indicated that he was interested in reappointment but would confirm his decision upon his return from the East Coast. 6. A resolution from the Modesto City Council, urging the League of california Cities and the county Supervisors' Association of california to seek action to alleviate the problem of litter and qraste disposal created by the sale of beverages in disposable, non-returnable containers. Council unanimously endorsed the proposal and the City Manager was requested to so notify the City of l,lodesto. ?. Frorn the Peninsula uemorial Blood Bank, dated December 2, L97O, announcing that President Nixon has designated January, 1971, as "National Blood Donor Month. " Councilman Amstrup feasibility of the From the Beautification Conmission, November 5t Park and Recreation Comnission, November 10; Health, Safety & Traffic Commission, November 12; Public Library Board and Librarian's Report, Noventber 1?, and the Planning Commission, November 23. SCHOOL,/COWI'NITY SERVICE PROGRAIT Council acknowledged material submitted by Councilman Mangini, on a proposed "Schoo1,/Conrnunity Service Program." The City litanager advised that the program has been well organized and affords young people an opportunity to serve as volunteer student aides in community and government agencies and in elementary and high school distriets. receiving, in turn, academic credits. The City Manager stated whether jobs within the an organized basis. on on MINUTES 418 councilman t{angini stated that the servi.ce is available to high school students and elaborated further on the several programs offered to the students and the accredited units given each semester for volunteer work; positj.ons selected may include those within city, county, state and non-profit organizations as well as outside industryr the current progran does not include membership on the various city comnissions; this particul-ar program is under study by the City Attorney. Councilman l.langini referred Council to a blue pamphlet entitled Youth Can Serve the Community.....and Learn" and particularly to that are available to obtain student help. "IIow steps In concluding the presentation, Councilman Mangini stated that if Council's reaction is favorable, the City l{anager can be authorized to initiate the program. A polf of Council thereafter taken by the Chair, indi.cated all in favor of the program. Councilman l4artin, referring to the pamphlet, stated that in obtaining student help, he would be in favor of adopting Step No. 4, wherein the department head would "supervise, teach, and increase responsibil- ities of the student. " fhe City Manager was thereafter authorized to canvass City Department Heads to obtain their views on implementing a school service program. I{ATER USERS, COI,.,NCIL Councilman uangini reported on his attendance at a recent meeting of the "water Users'" Council. Councilman Amstrup displayed a recent copy of the Herald-Recorder Progress, reporting a concise and interesting article on a particular city and suggested that a similar-type article on the City of Burlingame could be xeroxed and mailed to the citizens. ADJOURNMENT lltrere being no further transaction of business, the meeting was adj ourned by ltayor Crosby at 12:10 a.m. HERBERT K. WIIITE City Clerk APPROVED: -l)/il.r*J Aa,"k4*"n 0WILLIAI.{ J. I{ayor CIVIC NOTICE