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HomeMy WebLinkAboutMin - CC - 1967.04.17at? BurlingaDe, California April 1?, 1967 A regular Beeting of the Burlingane City Council was held on the above given date. Ueeting called to order at 8:O5 p.m., - ltayor Diederidreenin the Chair. PLEDGE OF AI.LEG I A}ICE At word fron ttre Chair, all in the Council Chamber arose and gave the P1edge of Allegiance to the Flag. Preaent - Councilmen: Absent - councilmen: Cro sby-Diede rich aen-George-alohnson-I{artin . None. Bragato Paving conpany Loqrrie Pavi:rg Company Kunz Paving Co8lPany t. C. snith Conpany Fisk, Firenze & IilclJean Engineer'8 Estimate lrhe minutes of the regular meeting of April L7, L967, submitted to Council previously, were approved and adopted. BIDS - RESURFACING }IISCELLANEOUS STREETS Contractora' bids received and opened at lO:00 a.n., on April 13, 1967, for the "Reaurfacing of l,tiscellaneous City streeta" in compliance with published notice, were recorded aa follows: TOTAI BID SCIIEDULES A.B $s7, 110.00 57,895. OO 57, 961. O0 58, 030 .00 65, 465 .00 $66, 170 . O0 A comunication from ttre Director of Public worka, dated April L3, L967, requested that a contract be awarded to the Bragato Paving Company, the Iouest responsible bidder. A memo from the City ltanager, footnoted on the comnunication, recmended that Council award the lmr bid in the sum of $57,11O.OO to the Bragato Paving Company. RESOLUTION NO. 25-67 "Ar,rard ing contract for Resurfacing Miscellaneous city street8 - 1966-1967 - Job. No. 66-22 - s. s. No. 120" Bragato Pav in9 conpany, $57,11O.OO) was introduced for passage on motion of Councilman crosby, seconded by Councilman Johnson and unaninouely adopted uPon Roll call. HEARINGS (a)OUR I.ADY OF NIGETS CHT'RCH SPECIAI., PERI{IT APPEAL t{ayor Diederic}rsen announced ttrat information received by council con- cerning a revision in the building plans of our IJady of Angel.s Church indLcate a change in ttre status of the appeal before council . ur. Robert :Ihornpson, representing the appellants, advised that the Church ha8 consented to a minor ctrange in its building planning prograat of sufficient interest that the appellants have nqr withdrawn their objection. I.tr. Hugh connolly, Attorney. repreaenting the interests of the Church, advi3ed that when ttre subject was before the Planning comission, it rras evident ttrat the only objection was a proposed park5.ng lot and a CALL TO ORDER ROLL CAI.I, I,TINI'TES BIDDER 118 vehicular driveway leading into the Church property from Cabrillo Avenue r the approval of the Special Penmit included a driveway andthe appeal was filed opposing the parking lot and the driveway, that subsequently, in the interest of harrnony in the neighborhood, the applicant now proposee to abandon the plan for the driveway on Cabrillo Avenue, to install (a) a fence acroaa the lot, (2) a pedeetrian gate- way, (3) a cyclone fence along eactr side of the private residences andin place of a parking facility, to convert the lot into a recreational area. l,lr. Connolly advised that on the basis of the foregoing stipulations, Council was requested to acknffIedge the sithdrawal of the appeal. !tr. Tho[0pson concurred and in reply to an inquiry from t]re Chair, con- firmed that within his knovledge, hie Office represented all of the appellants. An inquiry from the Chair directed to those in attendance drow no further objection. Referring to an entry in the minutea of the Planning Commission on the occasion of the hearing, wherein Commissioner Brauner and Comissioner Norberg "agreed, in the intereats of sound planning, that additional off-street parking and improved traffic circulation should not be abandoned " Councir man llartin suggested that it may be upon thie point that tlre Planning Comnisgion approved ttre Special Permit. The city Attorney, in reply to Councilman uartin, explained the position of Council on the subject appeal, advising that Council may approve, disapprove or nodify the action of the Planning Commission and that it ie within its prerogative to proceed sith the public hearing. P lanning comlissioner Brauner, in attendance, clarified that his state- ment wa8 a peraonal preference that the site be inproved as an off- atreet parking facility rather than an alternately proposed playground area and not intended as a " condition" to the approval of the perinit. Councilman llartin's obaervation that a concession has been agreed upon without full knowledge of circumatances, initiated aome diacuaaion. with Council thereafter clncluding to proceed sith the hearing to formalize action with respect to the amended agreement. Itre public hearing was thereafter declared open by l.tayor Diederichsen. I{r. A. Seyranian, Architect for the new construction, displayed plans indicating the position of the Church, the Rectory and the Convent, the location, type and elevationa of the neu multi-purpose building, the ingreas and egreas system and the dwelling oned by the Church on cabrillo Avenue proposed to be removed to provide an off-street parking facility with a one-vray ingress from Cabrillo Avenue. t{r. connolly identified the parking and drivflay areaa that had been objected to by adjacent property ownera, Btating that it is now proposed to pave the lot for recreational functions, wittr a gateway construction exclusively for pedestrian usage. Irtr. Seyr.rnian, in reply to Councilman ilohnson, advieed that the new plan will elininate appro:rimately trelve or thirteen parking sPacea. In reply to councilman ltartin's inquiries pertaining to the copronised agreerent, tttr. Connolly stated that the current ProPosal i5 to abandon the uae of the Iot aa an off-Etreet parking facility and to elininate ingress and egreas therefrom. The City Planner, ansoering an inquiry from the Chair, advised that the parking "formula" for churchee ie lmi however, in thie instance, the legal requirements are more than adequately coplied with. 119 I{r. fhompson advised that a poII taken .rmong the appellants revealed there is no opposition to the current plan and that the applicant, therefore, is of the opinion that the modifj.cation is proper. To inquiriea froEr Council, the City Planner stated that as nuch parking space aa possible is advisable but his office had no objection to the plan now proposed; that a fifty-foot lot is considered inferior for parking purposes and that a ten-foot wide strip, betereen the tr^ro parcels of the drurdr, is publicly owned as a utility easement. An inquiry from l.tr. cordon l{ackin, 1325 Cabrillo Avenue, concerning thepossibility of church properties conaenting to widening cabrillo Avenue to accomtrodate the demands of its complex project, initiated discussion on the merits of elininating parking to one side of the street or to establish Cabrillo Avenue as a one-hray street. Council concurred with a r€ conmendat ion from the Chair that ttre City tilanager instigate a study on way8 and ueans to improve traffic conditions in the North Broadnray area. lIhe hearing was thereafter declared closed and Councilman uartin moved that the decision of the Planning Coramission approving the Special Permit be upheld with a modification that Lot 20 (Blod< 41, Easton #3) be closed to vehicular traffic. lltre notion \ras aeconded I Councilman ceorge and unanimously carried. HEARINGS cb)JA}TES POPIN VARIANCE I.tayor Diederidrsen announced that this was the tiltre and place scheduled to conduct a public hearing before Council on a request from !lr. James Popin, 760 walnut Avenue, appealing the decision of the Planning Com- mission il denying a variance to subdivide his property. At the request of the Chair, the City Planner advi8ed that the property is located on walnut Avenue with the rear portion extending to properties on El Camino Real, the applicant orrns tt,o lots, yith a one hundred fifty foot frontage and approximately two hundred feet in depth; improveDents consist of a single-family residence, with a portico extending over the driveway area into the second parcel and a one-car garage on the rear portion of the lot extending also into the second parcel; the applicant propoeed a resubdivieion to permit the present building to remain in i.tg present poaition and to create a second lot that conforma to required land area but will not meet street frontage or average width reguirements i the driveway area lies on the prop€rty line and the City is not in favorof the eEtablishment of a " corunon driveuay"; under the proposal one of the lots would be over the fifty-foot frontage and the other under thefifty-foot frontage requirements; the problem ha8 been that l.tr. popin did not present a plan to the Planning Conmiseion to properly indicate his intention and pernission was denied thereafter by reason of the lack of a plan. llhe City Planner distributed copies of a plan to council preaented in hisoffice by the applicant on this date. !lr. Popin, in reply to ttre Chair, advised that he norr proposes to remove the garage and a portion of the canopy to eliminate extenaion3 into the second parcel; under the no p1an, the frontagea rould meaaure forty-fivefeet and fifty-five feet and the request is that Council permit the connotr uaage of the driveryay area. lfhere were no reaponaes to the Chair's request for comrents from thosein the audience in favor. 760 WAIdUT AVENI'E L20 CoEounications received in protest were acjknovledged from crace H. and Arthur ltt. Bishop, 24O1 Valdivia Way, dated April 12, L967, referring to a similar circumstance in their neighborhood, Buel c. Proffitt and Uyrt1e ar. Beasett, 825 Wa1nut Avenue, dated April 10, 1967; Ruby C. and George A. IOoIl, irr., 1508 Arc Way, dated April 15, 1967, and l.{r. A. G. westcott, President, Suburban Protective Association of Burlingane, 843 walnut Avenue, dated April L7, 1967. A petition, dated uarch 25, 1967, bearing the signatures of thirty-seven property oerners residing within the i.mediate vicinity protestirlg the granting of the variance was also acknorrrledged. 1rhe City Planner, in reply to Councilman Johnson's inquiry concerning the five-foot to ten-foot frontage dfunensional shortage, advised that the current plan no$ establishes forty-five and fifty-foot lot frontages and such plan was aot in evidence at the Planning Conmission hearings. Councilman Johnson, referring to the material preaented to Council indicating a lacik of approximately five feet, suggested the relocation of the stain ay from the side of the houae to the front and the removal of trees to create additional footage. fhe City Planner Etated that there would still remain the problem of the drivesay area and fron an architectural standpoint, it would be undesirable to attach a modern garage to a Victorian-era home. Councilman Crosby questioned the footage neceasary to establish a legal driveway, with the City Planner advising approxirnately five feet. Councilman crosby, referring to a driveway easement located on his property, questioned the validity of establishing a conmon driveway by permitting a five-foot restrictive easement on the ad j oi.ning parcel. lltre City Planner, advising that it would be legally possible, atated he would prefer the establiahnent of fifty-five and forty-five foot lota and avoid conmon driveways in the intereat of foreatalli.ng future probl.ems. councilnan Uartin questioned tlre city Attorney on wlhether the variance requeat before Council is within the interpretation of the zoning code, who replied in the affirmative. !rr. Popin, in reply to Councilman ltartin, advised that he has mai,ntained ownership of the property for three years and that he was unaware that the property cdnprised a double lot until he received a property tax bilt. Referring to requisites to qualify for variance approval, Councilman l,tartin questioned and waa answered by both applicants on the following: (a) undue property loss; that in their opinion there is sufficient area to create a second 1ot; @) Preservation and enjoyment of property rights; the extent of the property reguires a period of six hourg a day to maintain; property valuea have increased and the sale of the second parcel would pe:mit the property upon which the home is located to be upgraded; and (c) Detrirnental or injurious to surrounding propertyt the entire neighborhood will be enhanced with the improvements proposed. with respect to condition No. 4, affecting the corprehensive zoning plan of the city, Councilman uartin referred to statements of the City Planner who has advised that to pemit less than required footages would establish a sub-standard lot. I{rs. Ramona I{. Uartinez, 709 Walnut Avenue and Mrs. Beatrice lt. I.tarino, 75O Walnut Avenue each verbally spoke in opposition to a variance that would permit property subdivided into parcels less than legal. di.rnensions. 12L A brief discussion following was concluded by the Chair who declared the public hearing closed. A motion was introduced by Councilman Uartin, that the action of the Planning Coroission in denying the eubject variance be upheld, seconded by Councilman ceorge and unaninously carried. RECESS A recess was called by the Chair at 10:10 p.m. CALL 1!O ORDER The meeting reconvened at l0:2O p.m. COUMI'NICATIONS 1 DRAINAGE PROBLEtit - 1785 Sebastian vlav A couurunication from the City Uanager, dated April 13, 1967. referring to a comlunication received from !lr. ceorge F. Neel, concerni.ng a drainage and earth-slippage problem occurring on his property at 1785 Sebastian way, suggested that the responsibility of the City be determined by the leqal department and to the ineurance carrier if a liability is evident. The subject conununication, dated April 10, 1967, was acloowledged wtre rein it was reguested that the City advise: (1) what imnediate steps are intended to eliminate the danger to property Bhould further slippage occur and (2) wlrat corrective action is intended to petmanently correct the slide condition. The city Attorney, at the request of the Chair, verbally reported that an examination of facts indicates there is no liability on the part of the City; that at the time the subdivision wag being developed in the Hilla region, the City engineer was insistent that the aurface drainage channels rrere not to be dedicated to nor accepted by the City; if water is seeping through. it is the problem of the wrter and that it was his recomnendation that the property owner file a clairo for referral to the city'B insurance carrier. In reply to uayor Diederichsen's inquiries, the City Engineer advised that his office required the suHivider to construct horizontal benches along the slope to contain drainage gutters for the collection of waters floing from above the slope and that the drainage problem referred to is created by rraters emanating from the privately-orned propertiea. Ttle city Engineer further advised that, as in similar circumstances, a repreaentative from his office inspects the condition to advise the owner of energencl, meaaurea that may be taken. llhe City ltanager was requeated by Council to reply to ur. Neel'a comuni- cation and that the subject natter be referred to the City's insurance carrier. 2. GRAIIAI{ Tv & SERVICE CO. A memo from the City uanager, dated April 13, 1967, advised that Bub- sequent to conferring with members of the Planning Corunission, llr. Earry S. Graham, Jr., orfirer of Grahan T\r & Service Co., located on "Burlingame Lane" has withdrawn his requeat to establish a "public lane." Tllle City H:rnager advised Council that in the interim, Ittr. Graham, in attendance, has requeated further attention to his request i that the lane in question, considered private property, has been deemed othen ise by ur. Gralram and it sas auggested that !tr. cralram reveal his aource of inf,ormation. RE: BIIRLINGAME LANE 122 llhe City lrlanager advieed that hi5 office has questioned the statua of the subject property through l.tr. John Lyndr, previously engaged by the City on matters of property. Mr. crahar informed council that his knorledge that the lane is other than private property was baged on "hearaay" inf otmation. A brief discussion cgncluded with the City l.tanager requested to investigate and report to Council. 3. DR,,AINAGE PROBLEIII @RRECTED A memo frqn the City [anager, dated Agrit 13, 1967, advised that t]re flood conditions at th€ end of Burlingame Avenue, created \, inprove- ments underway in the Anza Pacific Subdivision, are nos nonexistent. The report was acknowledged for filing. 4. STATEIT{ENT POLItr RE: BAY FITLING A conEunication frm the San llateo Branctt, Anerican Aasociation of Irniversity women, dated April 6, 1967, submitting its reaffirmation of policy with respect to the preservati,on of the Bay, was ac)oowledged and placed on file. 'APPORUONI.{ENT STATE HIGHWAY PlrNDS" A cormunication from the City of Fresno, forwarding a copy of its Resolution No. 67-27, concerning Assernbly Bill No. 3, and requesting Council support in opposing a measure to revise the apportionment of State Highway Funda, was acknorsledged with a few comments f,rom Council indicating that the issue may be controversiaL. 6. COT'NIY OF SAN?A CLARA POLICY RE: .,REGIONAL GOVERNUENT CONCEPT" A conununication from the Board of Supervisors, County of Santa Clara, dated April 5, L967, announcing its poliq; statement with reapect to " Regional covernment " and urging local governnenta to cloaely follosr hearings proposed by the California Legislature on "regional governnent proposals for the Bay Area" \,ras acloowledged. Councilman llartin, ABAG liaison, advised that a special ABAG aaaembly meeting will be soon announced. 7 ARCHITECTURAL SERVICES OFFERED A conununication from Mogens Hogensen, A.I.A., Architect, dated April 5, 1967, requesting favorable consideration to the selection of hia firm in perfoming architectural services in connection with the design of the proposed ner, city Eall. structure, was acknowledged and placed on file. RESoLUtIoN No. 26-67 "Chan9in9 Name of Vallejo Drive to Frontera Way" was introduced by Councilman Johnson, qrho moved ite passage, aeconded t'}' Councilman ceorge and adopted unanimously upon RolI Ca1l. RESOLUrIoN No. 27-67 "Authoriz ing E<ecution of Agreement By and Between the City of Burl ingame, a l.lunicipal Corporation, and william Spangle & Asaociates, Providing for the Preparation of Stage I Of A General Plan for the City of Burlingame " waa introduced for passage on motion of Councilman irohnaon and seconded by Councilm.rn &lartin. on tlre question, and in reply to Councilman ceorge'B inguiry, conc€rning financing, CouncilBan llartin advised that current budgeted allocations 5. CIIY OF FRESNO RE: ASSEIttBtY BII,L RESOLI'TIONS hrill finance t'stage I" and that it had been his euggestion that funds to complete "stage II" and "stage III" be allocated in the 1967-1958 budget. Itre motion, folloring a RoIl Call vote, was unaninously adopted. None. I'NFINISHED BUSINESS SELE TION OF RAPID TR.NISIT REPRESENTATIVE In reply to a report from Councilman ceorge, concerning the San Hateo County Council of l{ayors' selection of a repreeentative to the "Westbay Rapid Transit Comnittee" Council unanimoualy endorsed the appointment of nominee Daniel G. l{into. 2. C0NTRACTS RE: RECREATION CE!fltER WATERFRONT AREA III{PROVEI{ENTS llhe City Attorney, in repJ.y to Councilman Croaby, advised that the contract for the glaterfront Area Improvenent has been eigned and the contract for the Recreation Center Improv€menta has not as yet been returned. fhe City ltanager rras requested to investigate the atatus of the latter contract. 3. BURLI}IGAII{E HILLS .ANNEKATION" councilman uartin reported that the Burlingame Hill8 Association has indicated that a nurber of meetings within the Association will be heldprior to seeking an audience with council on the subject of "annexation. " PROPERT:T TA]( COLLECTIONS uayor ceorge, referring to recent publicity reporting the consolidation of tlre Office of tlre county Treasurer and the Office of the County Tax collector, que stioned and expressed concern uj.th ttre i,ntention of the County to deposit property tax receipts, retaining the interest therefron and fonrarding the City's ghare of the collections at a later date. Follovihg a brief discuseion on the Bubject, Couneilman ceorge was authorized to inveEtigate and report his findings to Council. OVERPAS S IN:PERIJI{ III{PROVEIiENTS the City Engineer announced that his office has received confirmation that the State Division of Eighways has approved an allocation to proceed with interim improveuents in the area of the Broadway Overpass. 1 COI,II{ISSION E'(PIRATIONS lr}re City Planner advised that the terms of tero Planning Conunissionerswill soon expire and that both have indicated their willingness to continue to serve. Council, to conply with prior procedure, withheld action until the next regular meeting. 2. COI'NCIL COU}TITTEE APPO INTUEIITS councilman ilohnson: sister cit y, Chamber of Commerce, Planning Comnission and North county council of Cities; councilman t{artin:Budget, PACC Task Force, ABAG, Burlingame Eills liaison; 128 ORDINANCES 1. NEW BUSINESS Councilman Crosbys Downtorrn uerchanta, Finance, Bayfront Recreation Site and City Eall Acguisition; 124 l,tayor Diederictr sen !ereater Eighways, West Bay Rapid Transit, San ltateo ABAG alternate, San t{ateo County Council of l'tayors liaison. Regional Planning, and city Enployee CONFIRI,IATION RE: PLANNING @II{UISSIONERS Everett Xind ig and .rohn iI. Braun6r, Planning Comnissionerg to the Regional Planning Comission. ACKNOWLEDGUENTS fhe Chair acknowledged receipt of reports frora the Police and Fire Departments, the Burlingane Chamber of Comerce "expenditure and budget" report, Burlingaroe Park Corynission minutes, a meeting of the San Uateo county council of uayora, on April 28, a program sponsored \z the san ltateo County Development Association, Friday, April 28, cormunications fr@ supervigor Robert St. Clair, dated April 5, concerning the hotel- motel tax, Urs. Henry Boos, dated April 15. regarding the current "anti-litter" campaigm and from the Coca-Cola BottLing Cdrpany of san Uateo, dated april 14, thanking council members for their recent visitation to their aew plant. Councilman ltartin further announced that the next regular neeting of the North County Council of lrlayors has been ldleduled on May 4, L967, with details to be announced later. warranta, Nos. 8177-8360, in the total amount of $125,390.82, nonth of A5rril, 1967, duly audited, were approved for palment on motion of Counci.lman crosby and seconded by Councilroan Johnson. Payroll warrants, Nos. 1202-1722, L^ the total amount of $139,368.40,for the month of l.larch, 1967, were approved on motion of Councilman Crosby and seconded by Councilman Johnaon. ADJOURNMENT Ttrere be ing no further business, the neeting was regularly adj ourned at 1l:25 p.m. Respectfully submitted. HERBERT K. IIEITE, CIry CLBRX APPROVED: WERNER H. DIEDERICHSEN, I,IAYOR Councilman Georqe: Co-Chainnan, Budget, Civil Defense-Diaaater Prepared- neaa, sewer and city HaLl financing t WARRANT APP ROVAT PAYROLL APPROVAL -/.t/z* ' ,.{- 1 -,o u