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Home My WebLink AboutMin - CC - 1968.06.05318 Burlingane, ifune 5, California 1968 C}LIJ ?O ORDER A regularly adj ourned meeting of the Burlingane City council froits regrular Eeeting of irune 3, 1968, was held on the above given date. Ueeting called to order at 8:OO p.D., - l.tayor.rohnaon inthe Chair. ROIJL CALL Present - councilmen:Absent - Councilmen: crosblr-Diederictrsen-George-irohnson-U.rtin None AIZA AIRPORf PARX, NOS. 4 & 5 llayor irohnaon announced that ttre adjourned neeting had been scheduledpriraarily to give coneideration to reguests suhitted to Cbuncil \zthe Anza Pacific Corporation. concerning the develol[ent of itg Anza Airport Park, No. 4 and No. 5 Subdivisions. CYRUS i'. UO,III,IA}T, ATTORTVEY Iitr. cyrus iI. l{c}ri llan, Attorney, repreaentirrg t}re corporation, spoke briefly on action taken on prior occasiong with re8pect tothe subject property and referred particularly to the subdivider's request to Council, under date of April 8, 1968, for final approvalof the Subdivision Maps for Anza Airport Park, No. 4 and No. 5, and an action by council at a regular meeting on April 15, 1968, to delay final approval until a subdivision agreement is filed by the developer. l{r. ucl.tillan adviaed t}rat in the interi[ period, the Anza Pacific Corporation has received proposals fr6 two desirable clients tolode in the area, and the requeat is again before Council forfinal approval of the Subdivieion llaps in order to pernit the subdivider to proceed with improvements. Relating discussion with members of the city's staff, lrr. [c!.riIlan stated that concern haa been expreaaed with reElrect to 'acceEsr "the current revocable perr0it provides for a cancellation upon a ninety-day notice and therefor a permanent location for a road toprovide acceaa to the northvrest corner of the subdivider's property is requested, that in the matter of bonds, contractors' bonde have been poEted and according to code requirenents, the posting of such bond s may be accepted to reduce the bond required of the suHivider. CITY PIADINE R fhe city Planner, invited by the Chair to cdment, alao Bpoke on the urgeney to establish a p€r:nanent accesa road, stating that in hie opinion, the preaent road alignnent is correct and if considerably widened, will serve the best interest of both agenciea. council r*ag advised that he has received an infornal indication frmth€ Bqz congervation and Develotrnent ccmlsaion that if a roadwayiE created along the Bayshore, that agency would enter no obJection. fhe city Planner, in referring to the development of the city's bay-front properties, stated that the landecaping architect has recquoended that plans include a landscaped bicycle path and road- way forty feet in qridth to e)<tend along the lagoon and that in conferring with the subdivider on the subject, it wae hia Euggestion that a trrenty- five foot Etrip would be adequate for the purPose propoeed . 319 CITY ATTORNEY lhe cl ty Attorney, in s6e detail, recalled prior discusgione betrreen Council and the developer and referred epecifically to the Council neeting of April 15, 1.968, at rihich time the developerras queationed concerning the poating of a "aubdivider's bond' and the reply that contracts have been let and bonds posted bythe contractors will Euffice. rhe Ci ty Attorney stated that this does not necesaarily nean thatcontractors' bonds are sufficientr that in addltion to the iesue on bonds, conferencea between Eenbers of the City's staff and thegubdivider and his representative have also included thelocation of a bicycle path, appropriate set backs and a permanent accesE. llhe City Attorney remlnded Council that frm the inception it ha8 been understood that the City would not iEsue building periliteuntil such tine ag the eubdivisione were conpleted and accepted and that there ncrp apPears to h an urgency to proceed imediately because of prospective tenants. Stating that council would be "naking a grave error in postponing a decision on the 'access' issue, the city Attorney stated that itis the reaponsibility of the developer to Eee that proper acceaEto the properties is provided. Counenting on the procedure to require the posting of bonda, thecity Attorney Etated that he \raE not in favor of dispensing with, or materially reducing the bond of the subdivider in thls inatance and that the city should be afforded every precaution againat anyliability. Concluding, the City Attorney advised ttrat the poj.nt to be nade igthat rthe City should not be required to 90 against a nultiplicityof principals lnd a nultiplicity of eureties rrtren i,t could require a single pcraon to sigm a bond.' DAVID KEYSTON, SUBDIWDER To a reference nade b1z Councilman cro8by to converaations onprevioua occasiona concerning the acquisition of a strip of Ideal Cement Ccmpany property (nor llestbay AssociateE) to develop a road- t ay, !tr. David Key8ton, the subdivider, expreas.d his willingneaato approach the c nera in an endeavor to acquire the property for the develolrnent of a pemanent roadway. litr. I(eyston continued hie cments by atating that (1) a fiftyfoot aet back fr6 the lagoon is indicated on the uap; (2) astrip of land adJ acent to the lagoon will be dedicated to theCity, (3) the purpose in rreeting rith ouncil to re- sutmit the requeat for final approval of the maps is occa3ioned by the facttha' two reliaible tenanta desire to locate in the area and their oecupancy would be to the mutual benefit of both the City and thegubdivider; and (4) that although the posting of a aubdivider's bond, in hia opinion, la a duplication, he would be wi11in9 to do so in an anount the City may deaignate. t{r. Xeyston ltated that Ule initial atep is the approval of t}re maPE. CITY gtAFF COl,Ir,lE lll S rtre Ci ty Engineer at thls point, verified that a fifty-foot atrip atthe rear of lots within Unlt No. 5 does appear on the map. The City Bngineer reiterated hia previous statements that unless the revocable perroit ie amended, or changed or deleted, a buildingpernit cannot be issued for any building conatruction. A period of questions and anEwers foIlo{ed. 320 dhe city Engineer, in reply to counci lman Diederichsen, concerningthe adequacy of the present road, atated that his Office wouldinsist on at least a four lane travel rray, or a niniDum atreet width of aixty- four feet. conEiderable digcussion aroae on councilman croaby's question eoncerning the duplication of bondE, with the city Attorney again urging Council to place the burden of liability on the developer. CCI'NCIL COUUENTS The anount of the bonds Urus far poated by the contractora andthe projected valuation of the subject property rrere considered by Counci 1. Councilman lrtartin recqmended that a subdivider's bond be postedin the anount of $400,000.00. l,lr. Keyaton thereafter conaented to the mount designated. On the subj ect of a permanent roadrray, ttre City Planner urged thatthe pattern of the road be detemined and stated that Peninsula Avenue currently providee the only Deans of accesE. In replying to Council inguiries concerning acquisition of westbay Associates' property, Itlr. Keyston stated that he would conferimediately with officials of the copany and that the Anza Pacfic corporation would finance the roadway to cmpletion. AIso questioned by councilman llartin, !lr. Keyaton atated that he would request that the temporary roadway remain open to continuethe dirt haul operations and that his company rrould aIEo continueto maintain the roadway until the permanent roadway is conplete. In reply to Councilnan ltlartin's inquiry as to \.ilrether occupanqfperrits may be withheld until all inproveroents are corplete, tlre City Attorney advised that the agreeDent can so atipulate. Mr. Ieyston thereafter consented. To Councilman f,artin's inquiry concerning the bicycle path on the Iagoon, Mr. Keyston stated that for a ncrainal fee, the Anza Pacific Corporation will transfer aII beneficial uae of a twenty-footstrip of properCy paralleling the length of the lagoon for a periodof years to be determined by agreement, at the termination of which tiroe the property will be deeded to the City. Follo\4ring further discussion, the City Attorney suggested that Counci 1 indicate, by motion, it3 approval to the specific pointsto be included within a written agreement and that an action to approve the Subdivision tlaps be wi thheld pending Council's receiptof an anended agreenent. I{ TION ADOPTED Counci lman Martin thereaf,ter moved that (1) Council accept the improvements and eubdivigions; (2) A aubdivider's bond be posted inthe amount of $4O0,000.001 (3) occupanqf pernj.ts be withheld untilall improvementE are confirmed aE cdtrplete; (4) fhe norttrerly accesa to the property be provided by the lltestbay Asaociatea and the cost of the street inprovenents thereon to be borne by the AnzaPacifie Cqtrpany, (5) A twenty-five foot strip paralleling the lagoon area be deeded to the city within five years frqa the dateof the agreementi that in the interim period, the city shall beprovided accelrs for all beneficial uEager (5) A roadway becreated imrediately adJ acent to the easterly bound ary of citypropertyr and (7) ftre City render asaiatance neceasary in gecur- ing dirt fill permits. Ttle motion wag seconded b,j, Councilman George and unaninously carried . 3.2L N)iTOI,RIS,ENT fhere being no further tranaaction of businegg, the meeting \raEregularly adj ourned at 10:10 p.m., l{ayor Johnson announced that a council study meet.ing wouldimediately follo,r a ten minute recess. nespectfully autmitted, CI..ERK APPROVED: MAYORai: taa:,I