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HomeMy WebLinkAboutMin - CC - 1967.08.07169 Burlingame, California August 7, 1967 CALL TT' ORDER A regular meeting of the Burlingame City Council was heLd on the above given date. lteeting called to order at 8:1O p.m., - Uayor Diederichsen in the Chair. Present - Councilmen: Absent - Councilmen: Crosby-D iederichsen-George-Johnson-l,tartin. None. Ihe minutes of the regular meeting of July 17, 1967, submitted to council previously, were approved and adopted. A communication was acknovrledged fron lilr. .roseph H. Kelstrom. General Manager, Burlingame Boryl, 1340 llo\rard Avenue, advising that the operation is noyr under direct control of the owner, l,tr. G. H . Wa&rick and new liceoses are requested. The comnunication stated that there have been no changes since the previous licensing. l,lr. Xelstron, in attendance, advised that the former owner has abandoned the business and Mr. l{anrick, the orrner of the building has aasumed the oPeration. The city Attorney, replying to inguiries from the Chair. advised that provisions of the ordinance require fire and police investigations for report to Council prior to the issuance of the licenses. the City Attorney further advised that it previous license fees, reported as being by the City. should be ascertai-ned whether in arrears, have been received tthe city uanager was requested to authorize a fire and police investiga- tion and to confer with the License Collector on the status of prior Iicenses. 2 KAT PATCH II ENTERTAINUENT PER},iIT A letter was read from F, B. Schlageter, Attorney, 23L East uillbrae Avenue, I{illbrae, dated July 18. 1967, in behalf of his client, l,{rs. Helen Johansen, renewing an application for an entertainment permit in connection with the operation of her business endeavor, kno\rn as Kat Patch II, 1205 Burlingame Avenue, as outlined in a previous letter under date of May 22, L967 . fhe Chair acknorledged the preaence of Ur. schlageter, advised that his client, Mrs. Johansen, the owner, was who in reply, in attendance. I{rs. Johansen, through inquiries from the Chair, confirmed that she had in her poseession a State Alcoholic Beverage License and a City License. PLEDGE OF AILEGIANCE At word from the Chair, all in the Council Chamber arose and gave the Pledge of Allegiance to the Flag. ROLL CALL IitINUTES COUI{UNICATIONS 1. BT RLINGAI.{E BOWL LICENSE APPLICATION 170 To further inquiries from the Chair, !tr. schlageter stated that he was cognizant of ordinance provisions requiring fire, police and building inspections prior to the issuance of licenses and that entertainnent had been in progresa on occasion in the interim Period bethreen llay and the current date. The City Uanager. in reply to Council inguiriee, advised and confirmed through a report dated August 4, 1967, that the Po1ice Department on that date, had issued a "cease and desist" order to a !itr. Uccullough on duty at the Kat Patch, banning the entertainment feature. Eoth Mr. Schlageter and Mrs. Joh.rnaen, through Council inquiriee, professed to be unaware that such an order had been issued with the former expressing assurance that the order was being observed. Further diecussion was concluded with ayor Diedericheen advising that action would be withheld pending a receipt of the inspection reports. 3. PROPOSED TENTATIVE II{AP I{ILLS ESIATE *27 An announcement blr the Chair that tlr. willian Caplan (fresident, Uille Estate llome orirners' Association) had requested a brief delay in the presentation of the propoeed tentative map of Uills E6tate *27, pend ing hie arrival at the meeting, was agreed to by Council. t47, 7. ,r.7 4. BURLItrGN,TE SHORE LAND @IPAIiIY RE: PROPOSED DEVIA?ION IN AGREEI.{ENT A comrunication. dated Augrust 4, L967, wae read from Cyrus J. t{c}tillan, Attorney, representing the Burlingame Shore Land Company, requesting that on behalf of his client, the hearing on the application for approval of a proposed "deviation from an agreement" be continued to the regular meeting of August 2L, L967. Council thereafter scheduled the regular meeting of fuesday, Septetdber5, L967, to continue the hearing and the City lr{anager rras requested to so notify the applicant. 5. APPEAL APPLICATION EARTH HAI,L PERI.{IT A communication, dated August 7. 1967, was read from Luther !t. Carr, Attorney, repreaenting the P iombo Conatruction Conpany, referring to a notice received from the Office of the City Hanager, dated Auguat 3, 1967, denying the application of p ionbo Construction Company for adirt hauling permit over Trousdale Drive and El Camino Real. llhe comnunication notified Council that in accordance lrith Sec. 13.5O.18O of the Burlingame Ordinances, the P iqrbo Construction Company appeals the decision of the City Uanager and requests that the matter be heard before the city Council on August 2l , L967. A cornnunicat ion was also read frotn the P iombo Construction Company, dated August ?, L967, confirming the appeal to the denial of the application and referring to a map sketch indicating the area lnvolved in removing excesa material from the Junipero Serra Freeway Project to the san Franciaco Airport. llhe appeal thereafter wae scheduled for public hearing before Council on August 2L, 1967 at 8:OO p.m. RESOLU"IONS RESOLUTION NO. 43-67 "A Re8olution Order ing Changes and lr{odif ications and Directing Payruent Therefor - Bayside Improvement District No. 3" wae introduced for passage on motion of councilman Johnaon, seconded by councilman crosby and unanimou8ly adopted upon Roll CaII. L7L Mayor Diederichsen announced that the 1957-1968 ilnnual Budget was in proper form for Council consideration and thereafter invited Councilman Uartin, Chairman, Council Budget Cornmittee to submit a report. Councilman ltartin, referring to the recent nsspaper publieity on the subject of elirninating the services of the police cadets, stated that frorn conversations with the Chief of Police, both he and Councilnan ceorge, Budget Co-Chairman, were g5.ven the impression that the progr.rm has not proven to be successful artd it was therefore propo8ed thatit be discontinued . Councilman ceorge, elaborating further, stated that with the linited police manpqder, a training program could not be initiated and the services of the cadets were limited to "parking violations." Councilman ceorge further stated that the tax rate will remain at 91 .28 per hundred do11ar assessed valuation, funds have been allocated to continue the City's capital iroprovement progr.rm and expressed pleasure on having served as Budget co-Chairman with Councilman l{artin. Councilman Johnson comnended the Budget comnittee on retaining the current 91.28 tax rate, Btating hourever, that two issues within the budget were of conce rn to her; one, the eli-mination of the cadet program, questioning the advantage of the proposal to instead, engagte additional patrolmen or to employ meter maids. councilman Uarti.n again spoke on the reluctance of the Chief of Police to state reasons to justify the retention of the cadet program and following further co{runent s between Councilman Johnson and the Budget CoMnittee, the City Manager reported that the progr.rD, initiated on an experimental basis has proven to be "not applicable to a city of this size"; regrular officers may be assigned to a variety of dutiee and although there were aonre cdnplaints from the merchants, other factors contributed to the impracticdrility of the progran. Councilman l,lartin advised that the Budget Comittee recomnrended budget allocations to either (I) employ two additional patrolman or (2) meter maids and to (3) retain the cadets for an additional four months, that on the latter point, a decision of council should determine whether it is more advisable to engage the patrolmen or the meter maids. Councilman Johnaon referred to her second point of concern, the proposed " Iong-range " building plan for the Library, stating that current facilities are inadequate and " fu$tediate relief" is warranted. Couhcilman uartin advised that a "ten-year program" for the Library is projected, horrever, lt is not intended to delay the improvement programt that during study sessiona on the budget, the comnittee l.ras advised of the accumulation of o1d booke and the additional storage spaceE that will be required. 1ftre city Librarian, questioned by the Chair, reported that discarded books and surplus gift book e are kept for dispoaal at an annual book saler that totaling several thousand volumea, available atorage Epace has been exhaueted; the "work" area is extremely crorded and must be enlarged for efficient operation and provision should be made irrnediately to permit expansion. Councilman John6on reminded Council that the Planning Commission, in its proposed capital Improvement program, recommended that $50,000.00 be appropriated this year for Library purposes. RESOLUTTON NO. 44-67 - 1967-1968 BtpGET 1rhe City llanager expreased the opinion that the City rculd receive "more protection and better service \l reverting back to the original set-up. " 172 Councilman ceorge. in reply, advised that the $3O,00O.O0 budgeted aLlocation wiLl initiate preliminary work at the Library this year. llayor Diederichsen concurred that expansion is particularJ.y necesaary to accorutodate Library personnel . Councilman Crosby suggested that methods be employed as i.n the instance of Recreation facility improvements by the engagement of an architect and that irnprovements be progranmed on a "step by step" basis. Councilman uartia statd that some information should be nade available or the atatus of branch libraries and recomnended that a survey be conducted to determine Library requirementa for the next fifteen year period. Councilman Uartin suggested that Council meet in joint session with the Library Board. Itlr. Ben L. Hechinger, Chairman, Librarl, Board, at the reque8t of the Chair, commented on the inadequacy of working conditions in the Library and concurred that a plan, prepared by a profeseional firm, is essential. A joint meeting was agreed upon thereafter, to be scheduled in the near future at the convenience of Council and Librar1l Board members. Following further discusaion, the Chair entertained a motion to adopt the proposed budget. Councilman Crosby introduced and moved the passag e of RESOLUTION NO. 44-57 "Ad opting Budget City of Burl ingame Fiscal Year Ending ilune 30, 1967" seconded bl!7 Councilnan ttartin and unanimoualy adopted upon RoII Call. RESOLIITTON NO. 45-67 "Fix ing the Tax Rate for the City of Burlingame For the Fisca1 Year End ing June 30, 1968" ($1.28 per $100 Asaessed valuation) wag introduced for passage on mot ion of councilman crosby, seconded by Councilman Johnson and unaninously adopted upon RoII Call . RESOLUTION NO. 45-67 "A Resol-ution Determinin g that the Public Interest and Necessity Demand the Acquisition, Conatruction and Completion of Certain public Improvenents - Sewerage Treatment and Disposal Works and System" uas introduced by Councilman Johnson, who moved its passage, seconded by Councilman l,{artin and unanimously adopted upon Roll CaIl. ORDINANCES - Introduction thereof: ORDINAIICE NO. 867 "An Ordinance CalLin g a Special Election in the City of Burl ingame For the Purpose of submitting to the Electors of Said city a Proposition for the Incurring of a Bonded Indebtedness of Said City for the Acguisition, construction and completion of a certain I{unicipal Improvement; Declaring the Estimated CoEt of Said Improvement, the Amount of the Principal of Said Indebtedness to be Incurred Iherefor, and the Maximum Rate of Interest to be Paid Thereon; Fixing the Date of said Election, the llanner of Holding the sane and Providing for Notice llhereof - Sewerage Treatment and Diaposal works and SyEtem" wae intro- duced by Councilman uartin and given its first reading. RECESS CALL TO ORDER lhe meeting reconvened at 9:5O p.n. COMMT'NICAT IONS (coatinued) ,-7s 3. TE}TIATIVE UAP MILLS ESTATE NO. 27 A comrunication eras read frdn the City planner, dated July 3L, L967, advising that at the regular meeting of the Planning Cotnmission on July 24, a tentative map of Mills Estate No. 27, proposing to divide a parcel of 4.6 acres into twelve lots, wae submitted by Dr. A. J. Franzi and associates and examined a the Cdfilission was advised that the pro- posed lot8 are in exceBs of the requirements of eize and frontage but the subdivision varies from City standards in length of cul-de-sacs and width of right-of-way; that at the conclusion of the hearing, tr,ro motions were unaninously adopted: (1) a recomendation that Council approve the nap, subject to certain changes in the entry design from the street to the canyon area and a relocation of the street 1ights; (2) that deed restrictions similar to those applying to l{i1ls Estate No. 11, be prepared and that all conditiona hrere acceptable to the subdivider. ttle Chair recognized Dr. A. J. Franzi, applicant and spokeeman for his associates, wiro advised that the property has been under study for a considerable period of tfune and eubdivision plans revised to accotnmodate trrelve lots; building construction hae been planned in a manner to not obstruct the view of adjacent properties, as condition to the Planning Commission's approval, electroliers have been relocated to the north side of the street, a four foot wide stairi^ray has been incorporated within the ten foot easement betreen lots seven and eight and lotrr intensity lights will be installed under the direction of the city. Dr. Franzi suhnitted the folloving conditions to be included as part of the proposal: (1) A maintenance district cottposed of the twelve lot o\rners of the subdivision to maintain the area north of ltills Canyon Courti planting within the area in accordance and with the cooperation of the uills Egtate Eome ovrners' Association; (2) Ihe conatruction of retaining wa1ls as reconunended and required by the study of soil and construction engineers r'rith the approval of the City Engineer, (3) fhe inclusion of all covenants embod ied within adjoining ui1ls Estate properties; and (4) 1lhe inclusion, if necessary and available, of street irprovement bonds affecting the slopes of the property. On the latter, Dr. Franzi advised that research indicates that "earth elippage" insurance is not obtainable. Following a brief exchange of inguiries and repliea betr.reen Council and the applicant, the Chair, referring to a 1i8t of "Notes" incorporated on the tentative rnap, questioned the city Planner, who advised that categories "s" pertaining to the ten foot pedestrian easement, and "t" pertaining to "street improvement " and "slope" bonds are additional to the initial map. The city Engineer, in reply to the Chair's inquiries, advised that his office has continued to maintain a strict poliqg requiring "cut" slopes be made on a "one and one-half to one" ratio basis and "filled" slopes on a " t$ro to one" ratio, and that he had no knovrledge of whether a bond affecting "earth slippage" was available. llhe Chair questioned the city Attorney with respect to a "maintenancedistrict" composed of the twelve potentj.al ProPerty ot nera and whether the City becomes a participant thereof, with the city Attorney replying in the negative. Trhe City Attorney stated that it was hie recomnendation that the sub- divider, rather than being required to enter into an "arrangement" with the home omers' aesociation, be required instead, to enter into an "arrangement" erith property ot nera wtlo abut the ProPerty, blu contract stipulation, and reconfirmed that the city i8 not obligated to maintain the area. 174 Following further discussion on the formation of a "maintena,nce district," a clarification frdn the city Attorney on procedure with respect to hearing evidence presented \r the applicant and "other cdnpetent evidence, " the Chair invited litr. Willian Caplan to conment. l.{r. caplan gave a resume on the objectionable phaaes of the propoaed plan, with suggested improvements previously entered into the record: lfhe four-foot walkvray: recalling that council on prior occasions had discussed space sufficient to permit ingress and egress of emergency vehicles; the placement of electroliers on the north, rather than on the south side of the street and installed with lor'r-intenalty-type Iightsr and the hazardous condition on cranada Drive hcause of a steep incline that should be corrected when Granada Drive is extended. ur. Caplan atated that deed restrictions should be irnposed, similar to those affecting adjacent uills Estate No. 11 properties, limiting building heights to one Btory and an architectural corurittee approving the type of construction. On the issue of "density, " !tr. Caplan read excerpts from San Uateo County Planning Department's studies on a fomula for hillside development and related density, to illustrate a point that the square footage for the proposed property should be increased, Additional objections voiced by lttr. Caplan, alleged that noise eman- ating from the new street would reduce the value of adjoining properties; the extent of the slope of the Bubject property renders it iarpossible to conatruct homes conparable with those adjacent, and in questioning the creation of a "large nuniber of sub-standard lots" expressed the opinion that it "\rould appear that it is a matter of econonics for the subdivider. " Concluding his presentation, l.{t. Caplan quoted from a Supreme Court ruling, stipulating in effect, the impropriety of jeopardizing the iBveatment of existing property owners by an action pernitting private developers to realize a wider margin of profit. In reply to ltayor Diederichsen's inquiries concerning soi.L tests in the lrtil.ls Estate No. 11 Subdivision and the hazardous slope at the proposd extenaion of cranada Drive, the City Engineer advised that soil tests are conducted on all subdivisions, as required by City ordinance and that the condition on cranada Drive can be alleviated !6r properly grading the area. Ur. James Schupp, projed engineer, on the latter issue, advi8ed that there is a four percent grade and the slope will be removed by grading according to the city Engineer's specifications. In reply to councilman llartin's reference to and his inquiry concerningl Condition #1 (Deed Restrictions) sub-section "C" - an agreement betrreen ou,tlera of Lots I and 14 (currently 12) sith adjoining ProPerty owners to provide l{ills Estate property orrners with landgcaping control (Minutes uay 16, 1966, ) the city Attorney Btated that the "condition" may be made a "covenant to run uith the land" and recorded as guch and whe reby new owners would assume the obligation. Continuing, Irtr. Caplan stated that major points of concern include increaee in density, the number of dwellings proposed and the hazards of land slippage; that soil engineers should be required to sulmit an immediate report on soil analysis testsr and, the "open apace "at the rear of exi8ting properties and the creation of a "noisy" street will become a "burden" to surrounding property owners. t?5 Councilman ceorge, cornnenting on the possibility tlrat soil tests may prove construction impractical, questioned whether it would be more advisable to obtain tests prior to taling an action on the propoaed development. lltre City Engineer advieed that soil tests are conducted concurrently with subdivision improvements. Mr. Sdrupp stated that a soil investigation teat rra6 made of the area on a prior date and that further tests will be made upon approval of the tentative map. councilman crosby questioned the City Planner concerning the allegation that the proposed subdivieion uould decrease property values and, with reference to access to the canyon, horr emergency vehicles may service the area. 1lhe city Planner advised that in his opinion, any development within the l{ills Estate is coneidered good inveatment and the proposed sub- divieion has considerable advantages r currently there is no intention to provide access for equipment i the City is orrrner of a 1ot on Arguello Drive and an appropriate access road will be required in that particular area in the future. Ir{r. carl snyder. litills Estate property otdner, identifying himself as a {ualified realtor, stated that the lots propoaed would not compare in value with other Mills Estate property. lrhe point was briefly debated, with Councilman ceorge, referring to the scarcity of property in the City, stating that the proposed Lots may be egually or more valuable than other Hills Estate properties. In reply to an inquiry fron !lr. John Chaney, 2927 Arguello Drive, uayor Dideridrsen voiced hie opinion that the "twelve-lot" proposed subdivisi.on qras an equitable coapromise and councilman ilohnson, comrenting on the extensive hearing c.onducted by and the unaninous recommendation thereafter of the Planning Conurission, the willingness of the applicant to conply with certain conditions, stated that the right to develop the property should not be denied. councilman llartin questioned the City Engineer relative to code require- ments to permit the rear portion of the dwelling to be constructed on polea, a type construction prevalent in other comunities, and was advised that it was his opinion that it would be permissible. A brief discussion initiated by Councilman llartin concerning the absence of certain conditions on the current tentative map previously stipulated \l Council , concluded with the applicant expressing his willingness to include and to conrply with the six conditiona as 6et forth in the minutes of ltay 16, 1965. A further condition recommended by Councilman lrlart in that the curve radius at the extension of cranada Drive to l.til1s canyon court be "flared" to a greater degree, was agreed to by the developer. councilman l.{artin stated that in his opinion, the land could be developed with lesa lots with sufficient return on the investment r that the "density is cror*ding the land" and in approving a variance to permit a cuL-de-6ac, a privilege was extended to the developer. Concluding his statements, Councilman lrtart in stated that he rrould continue to maintain that a ten-lot subdivisioa, with the seven conditions agreed upon, rras a favorable subdivision. tT6 !tr. M. Ilein, 2823 Argruello Drive, expressed objection to the cul-de- sac construction at the rear of and in the bedroqn area of his hone, stating that the traffic fron the Btreet will be a continual source of annoyance. Purther discugsion continued with the city Planner, replying to council inquiries concerning density, advising that based on the nunber of houses per acre, density was comparable in both the proposed and the adjacent areaa, confirming, however, to an inquiry from Councilman Uartin, that the "draracter" of the land should be taken into coneider- ation. Mr. Schupp, referring to the iesue on density, advised that trrelve dwellings constructed in an area of 4.6 acrea represents a ratio of 2.6 unita per acre, pointing out that the proposed development will create less density than in other areas of the lfills Estate. Further discussion concluded, Councilman .rohnson moved that the recotn- mendation of the Planning Conmiesion to approve the tentative nap oflrtills Estate No. 27 be suetained and aubject to the folloring conditions: 1. Electroliers to be relocated to the north eide of the proposed street i2. Deed restrictions to be attached to the property, as follows:a. A11 covenants embodied within adjoining ttills Estate propertiee be included; b. lhat the highest part of any roof shall be leas than eighteenfeet above the average curb grade as determined hrlz averaging curb grade at the intersection at curb line with projection of s j.de property linee. c. An agreement betrreen owners of Lots 1 and 12 with adjoining property @rners to provide l.til1s Estate orrners rrith landscape control. 3. A ten-foot right-of-way with four-foot concrete walks be dedicatedto the City for atr acceas to the canyon area.4. llhat the grade be lowered three feet at the interaection.5. Construction of a retaining wall, if determined neceesary.5. Inclusion of a bond affecting the slopes of the property, if possible to obtain. 7. llhe curve radius at the extension of Granada Drive to trtille Canyon Court be fLared to a greater degree. llhe motion was seconded \r Councilman Crosb!, and on the question, Councilman ceorge, expressing objection to phases of the proposed development, stated his preference to a ten-lot subdivision. A Ro}I Call vote was thereafter recorded as foLlows: Ayes: Councilmen: Noes: Councilmen: Absent councilmen: Crosby-Diede richsen-John son. George-Martin . None. T'NFINI SHED BUSINESS None NEW BUSINESS None COI'NCIL REPORTS Councilman Johnson reported that on August 10, she will attend a meeting of the North County Council Comnittee on Parks and Open-Space Land, and a representative fron the Crocker Land Company on the San Bruno tlountain issue; her attendance at a meeting of the San lrlateo County council of lt{ayors at which time .rudge Roy seagraves spoke on a law enforcement instruction prograrn in the sctrools and information, together with picture s].ides, advised of plans in formation to create a county "lrlarine World"; and a San llateo County Firemen's "Arrards Night" at the Benjarnin Franklin Hotel . 177 l,tayor Diederichsen reported that the ltyatt House will be the locale of a fund raising program to reatore paintinge damaged during the Plorence, Italy, floods and proclaimed the Week of August 14 - 18 to coBnemorate the fund raising project. fhe Chair announced the receipt of a $250.00 contribution frorn the Chamber of Comnerce for pronotion purposes in the current Se,\der Bond Drivei communications frqr Assenblyman Leo J. Ryan re: Regional covernment, from John Jenks, announcing a conference in the City of Alviso on cities " serrer improvement " joint efforts; an invitation from the San Uateo County Fair Asaociation to introduce Uiss Burlingame at the Fiesta during "BurLingame Day" festivities; an atrnouncement of a meeting on August 31, in the City of lr{ountain view of the Peninsula Division, Leagrue of California cities and a conununication from ABAG re: "Asgociation Policies. " councilman ceorge reported that councilman James A. Fox, city of Pacifica, has resigned and tentative plans are in formation to honor him at a Testirnonial Dinner. corununications were ad<notrledged and read from the county of San uateo, dated July L2, L967, reporting thoEe cities norv participants in the county-wide advertising program through revenue received from the hotel,/motel tax and from Mrs. Richard Reyna, 22O clarendon Road, cornmend ing members of the Burlingame Recreation Department staff. ADJOURNUENT The meeting was regularly adjourned at 12:20 a.m Respectfully subtnltted, Jd,,a-*t -AbHERBERT K. WHITE, CIIY CLERK APPROVED: Z/r/. ^Arzz;.*"."'W. H. DIEDERICIISEN, I'AYOR ACKNOWLEDG}TEIITS