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HomeMy WebLinkAboutMin - CC - 1966.03.21Burlingame, California March 21, 1966 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above given date. Ueeting called to order at 8:15 p.m-, I{ayor Crosby in the Chair. At hrord from the Chair, a1I the Pledge of Allegiance to ROLL CALL Present: Absent : the council Chanbe r arose and gave Flag. in the Councilmen Crosby-Diederichsen-George-Johnson-Martin. Councilmen None MINUTE S Ihe minutes of the regular meeting of March 7, 1966, subtoitted previously to Council, were approved and adopted. HEARINGS (a) APPEAL VARIANCE RE: BoARD AIiID RooM TOR FOUR AI{BULATORY PERSONS (Mrs . Nancy Lazar) Irlayor Crosby announced that this was the tine and place scheduled to conduct a public hearing on an appeal from the decision of the Planning commission in approving a variance to pennit !{rs. Nancy Lazar to supply room and board for four ambulatory persons in her home at 922 Capuchino Avenue, Located in an R-2 Zone. Ground rules to include statements from opponents, proponents and Council, were outlined by the Chair. Conununications from litrs. Fred Azevedo, 945 Paloma Avenue and April Associates, 1212 Broadway, (s. & L. Zachariassen, Paloma Avenue property owners) and a petition bearing the names of Donald W. Nahr*rold. 1O09 Paloma Avenue, David Heinrichs, 927 Capuchino Avenue, Mr. and Urs. G. F. Bueckle, 926 capuchino Avenue, Mrs. s. A. Pay, 918 Capuchino Avenue, Bud Rodgers, 925 Capuchino Avenue, Jean S. Jones, 1417 Sanchez Avenue, E. J. Cartet, 949 Laguna Avenue, 1.1r. and Mrs. Arthur R. Ttromson, 957 Laguna Avenue and lliss Naida C. Thomson, 957 Laguna Avenue, addressed to Council for consideration on this occasion, were acknowledged. The City Planner, at the request of Council, advised that the matter came before the Planning Conmission upon a request for a variance to enlarge the subject dwelling to accorunodate six adbulatory-aged persons, an increase of three currently being provided room and board; that sub- sequent to an inspection of the premises by the Fire Inspector and conferences with Mrs. Lazat, the number of persons thereafter was reduced to four- fhe city Planner further advised that homes for the aged. nursing or convalescent tromes require a "special permit" in a-4 zones; R-I District regulations limit the "letting of rooms " to three persons, requiring the applicant in this instance to apply for a variance; and that at the conclusion of the hearing before the Planning Comrnission, the variance applieation was approved. 356 PLEDGE OF AITEG IANCE 357 Requesting cornments from proponents, the Chair recognized llrs. Isabel Wolfe, licensed social worker, S.rn !{ateo County Pub1ic Ilealth & Welfare Department, who spoke on behalf of the Senior citizens of San Mateo County, and particularly on the shortage of housing facilities to acconunodate elderly persons, stating that a home of this type would be an asset to the conununity. Mrs. Whitehead, a licensed social worker for San Mateo county, stated that the particular service should be expanded to assure room, board and care to elderly people, pointing out that a "licensed home " some- times provides the only home wherein these people may be cared for. The communication hearing were read and and the petition acknowledged at the opening of the entered as protests to the granting of the variance. that a site ' " Ur. Donald Nahrrdold, 3034 Hillside Drive and or^rner of property located at IOO9 Paloma Avenue, the appellant, in responEe to the Chair, added to his htritten objections, stating that the property ohrne rs within the area have cbserved the changres occur-bg in the neighborhood i mode rn duplexes are replacing the old dwellings and in his opinion, a "morepleasant location other than on a dead-end streetr should be investigated to accommodate the service. There being no further comments from proponents or opponents, Councilman Johnson initiated Council discussion, conunenting first that some of the paragraphs within the petition are statements of "opinion; " the reference that a "variance" is permanent "rezoning" is erroneous; a "variance"granted to an individual is not "transferrablet " and the location of a home on a dead-end street, insofar as hazards are concerned, is not a unique situation in the city of Burlingarne, according to the Fire Chief. Councilman Johnson concurred with the statements of the social workers that the service of caring for elderly persons is an important occupation. Inquiries directed to Irlrs. Wolfe by Councilman Diederichsen advised that homes for the aged are licensed by the State as well as by the Countyt regular inspections are conducted prior to the issuance of the license and at intervals throughout the year; and that in instances where ctrildren reside in the hotne, the applicant for the service is so notified. councilman ceorge comnented on his personal experience in washington,D.c., where his services included "housing for the aged' and stated that he could find no objection to the proposed use of the property nor would the service result in a depreciation of property. Councilman Martin referred to the motion recorded in the minutes of the Planning Conunission "approving the variance" and questioned \rhether it vras intended that the variance "run r.rith the property" or rdith the "person." PLanning Commissioner Brauner and PLanning corunissioner Pierce, in attendance, stated that it rras their personal opinion that the motion intended that the variance be applied to !trs. Lazar. In reply to Council inquiries, the City Attorney confirmed "variance can be granted to a 'person' or to a 'specified and the motion should be clarified for future reference. A point was raised by urs. c. F. Bueckle. that the property had been recently placed as a "good business investment. " Capuchino Avenue. in the market and advertised 926 on Following a discussion, clarifying the term "variance" and that a personal variance would remove doubt that the property could be sold for the purposes of conducting a business, councilman ltartin moved that the findings of the Planning Conunission be upheld, with a 358 modification stipulating that the variance be granted to l{rs. Nancy Lazar exclusively. The motion was seconded by Couacilman George and unanimously carried. (b) APPEAL RE: VARIATiICES 1'o ALPHA LAND coltTPANY LESS THAN LEGAI T'RONT SETBACKS-II{ILLS ESTATE NO. 25 Mayor Crosby announced that this rdas the time and place scheduled to conduct a public hearing on an action of the Planning Conmission permitting variances to the Alpha Land Company to establish less than legal front setbacks in tlills Estate No. 25 and appealed by Council on an initiative motion. The city Planner, at the request of the Chair, advised that the error in the front setbacks affecting five properties facing Skyline Bou1e- vard in I.lills Estate No. 25, the extension of the driveways beyond the easements and the unauthorized removal of trees from the City's "green tree belt" was discovered by the Park Superintendent during a routine inspection of the trees in the area. continuing, the City Planner stated that an application for variances was submitted thereafter by cyrus iI. l1cMil].an. Attorney, representing the Alpha Land Company, the subdivider, and at the conclusion of a hearing before the Planning comnission, the applicant agreed to:(1) remove the paving in driveways to conform to the easementsi(2) replace trees that had been removed and (3) place iron pipe markers to distinguish City from private property. lfhe Chair recognized Mr. tr{clr{illan, Attorney, representing the Alpha Land Company interests, vrho stated that three of the variances vary from less than two feet to a few inches (Lots 37,38,41) and two (Lots 39 and 4O) with setbadcs of only 6.75 feet; that a genuine hard- sh ip does exist, in that homes were occupied without prior knorledge of the violation of setbacl< requirements, and that the violations occurred through construction errors cdlltritted by the previous sub- divider and unnoticed by a City building inspection, thereafter, inadvertently affecting the new subdivider, the Alpha Land company. ur. Mclrtillan advised that Mr. ilohn t. criffin, E <ecutive Vice-Preaident of Alpha Land Company, in attendance, assures that his company only removed two trees for a driveway construction and that the remainder of the "missing" trees were removed under prior ornership; that the applicant is willing, however, to replace the trees and has conferred with the Park Superintendent on the type of teees his department prefers. In reply to Council inquiries, the Park Superintendent stated that at this time he was unable to determine the nuriber of trees or the cost to purchase and repJ.ant the area, other than the maintenance thereof would be expensive; that the trees that exist no\^, are on fifteen foot centers vrith twelve to fifteen trees missing on one particular lot; and to the reference that a "hedge of trees" between 1556 and 1554 Skyline Boulevard, confirmed that a number have been removed. Councilman l4artin questioned Mr. ucuillan with respect to a "basic proposal" the Alpha Land Company may submit to council and in repIy, Mr. Mclr{i-I1an stated that to require the removal- of pavement in the driveway areas \^rould create a hardship on the part of the property owners and in his opinion, it would serve no useful purpose to the city, the trees will be replaced and rnonuments installed to establish a common boundary betr,reen City and private property. Councilman lrtartin, at some status of the property if continued to be permitted the erection of a fence to area. Iength, expressed his concern on the future an encroachment upon City property is and a council, in the future, may require protect the city's forty foot "green belt' 359 Councilman ceorge also expressed his concern, pointing out that an ctuner, in placing the property on the market, may not receive a "fairrate" on the initial purchase and the possibility that a "severe change " may occur in the area in the future justifies that the issue be immediately resolved. Mr. Griffin, Vice-President, Alpha Land Company, the applicant, in addressing Council, suggested that the company purchase the eight foot three inch setback differences to acquire the necessary fifteen foot property setbacks. Mr. Griffin, stating his objection to the erection of a fence and comnenting on the value of the forty foot tree strip to the property o$rners as a "buffer" betrreen property and highway, further suggested that to protect the City's "green belt" area, a covenant be placed within property deeds to that effect with a guar:rntee by the Citythat a fence wiLl not be erected. Councilman llartinr s statement that it is the responsibility of the Alpha Land Company to find an equitaSle solution to the issue was replied to by Ur. Mcl*lillan t^rho repeated his previous offer to (1) re- plaee trees and to (2) place markers to protect the City's property, stating "that is the offer unless Council can suggest something else that can be reasonably conplied with by the Alpha Land Cotnpany. " Following a discussion among members of Council on the extent of the obligation of the A1pha Land Company to protect the riqhts of the property owner and in addition to compensate the City for encroachmentviolations, the Ctrair declared a recess at 1O:05 p.n. CAJ.L ?O ORDER llhe neeting hras reconvened by the Chair at 1O:I5 p.m. HEARING AIPIIA LAND CO!4PA}IY CONTINI'ED Itlr. Mclrtillan advised Council purchase that portion of the requirernents. of the willingness of the applicant to land (easements) to conform to ordinance During the discussion that ensued, Irtr. ttlcltliIlan, in reply to Councilinquiry to quote a price for the exdrange of property, suggested the purdrase be considered on the basis of g2.OO per foot. Councilman Georqe stated that the sum of parceL, in his opinion, ivas an equitable $1s,oo0.oo - $3,ooo.00 per re stitut ion. In reply to Councilman Diedericihsen, the City Attorney advised that the property in question is "public land;" if the City owns "fee title"it may 1e9a11y negotiate a sale without advertising said sa1e. !lr. ritclrti 1l an, in reply to councilman ceorge I s proposal, stated that the sum of $15,0O0.OO is "out of the question" when spealing in termsof easements only. Councilman Martil pointed out that the gJ.5,OOO.OO does not include theplanting of trees and that tl.e proposal is, in fact, an indemnity rectifying a.n error. Councilman Johnson, Councilman Di.ederichsen and Dlayor Crosby, individually stated a preference that an exact sqJuare footage of property involved be first determined. To the Chair's inquiry, the City Engineer suggested that the Nolte Company, the orignal engineers establishing the property corners, be requested to survey the lots to accurately determine the square footage. 360 A counter in behalf offer in the amount of I'1r. Grif f in. of $1,500.00 vras proposed by Mr. ltcMif1an fhe City Planner, in reply to Council inquiries, explained variable circumstances that may justify a greater compensation in an exctrange of property and suggested that the hearing be continued to the next regular meeting of Council, with the Alpha Land Conpany, in the interim, obtai-ning .rn appraisal of the property. Councilman I{arti.n, to clarify the implication ofstaff as a party to the "error" invited comments Inspector. a member of the City's from the Building fhe Building lnspector advised that when making a inspection, his Office relies upon the contractor correct property corner markers and that the Code f rom further responsibility. "site foundation" to indicate the releases the City In further reply to Council inguiry, the Building Inspector confirmedthat a review of the plot plans for the homes indicated that the setbacks were correctly narked. llhe public hearing r^ras thereafter continued to the next regular meeting of Council, with a reguest that the Alpha Land Company obtain an appraisal and an accurate survey to determine the square footage of drivevays and to prepare a written offer to submit to Councj.l. COMMIJNI CATIONS 1. AI{ETID}IENT TO FIRE PREVEMPION CODE REGULATING TANK VEIIICLE DELIVERIES A communication frorn the City l.tanager, dated lhrch L7, L966, referred to a recotnmendation from the Fire Chief, concerning an amendment to the Fire Prevention ordinance to permit truck and trailer units to make gasoline deliveries to service stations. lItre Fire Chief, in his conmunication to the city uanager, under date of ltlarch 4, L966, advised that the City of Burl ingarne is the only city on the Peninsula limiting the delivery of gasoline from a tank truck and trailer combination to bulk plants exclusively and that a survey, indicating "no unusual conditions in the City" to create additional hazards, justifies a change in code reguirements. Council concurred with the "AI{ENDING SEETION L7 .O4.34O VEIICLES " vras introduced by recommendations and an ORD INANCE NO. 840A OF THE I{T'NICIPAL CODE REGUI,ATITiIG TAIIK Councilman ilohnson for first readinq. 2. CITY LIMIT SIGN ON SKYLINE BOT'LEVARD A corununication from the city llanager, dated Mardt L7, L966, referred Council to letters received with respect to relocating the "Burlingame" City Limit sign on Skyline Boulevard and the reluctance of the State Division of Highways to relocate said sign by reason of a state-rride policy. The City lilanager advised that the Director of Public works has stated that by the city's annexation of the western half of the Skyline Boulevard, the state Highway Department will relocate the City Limit s ign. Acting upon the advice of the city Attorney that a motion to initiate action would be proper on this occasion, Councilman ltlartin moved that proceedings be conrnenced to annex the qresterly one-ha1f of Skyline Boulevard, between ttargarita Avenue and Trousdale Drive, Ihe motion was seconded by Councilman Johnson and unani.ruously carried. 361 3. CHURCH SIGN REQUEST APPROVED A corununication frm the City llanager, dated uay L7, 1966, advised that permission has been requested by the Episcopal Churdr of the Ascension, to instal.I church directional signs at the following intersections: (1) trousdale and Loyola; (2) Frontera and Loyola;(3) Skyline and Trousdale. fhe City Manager, advising that the signs proposed do not violate code requirements, recomnended that approval be authorized by Council. Councilrnan afohnson moved that Council concur with the reconunendation of the City ltanager, seconded by Councilman Diederichsen and unanimously adopted. A memo from the city Manager, dated l.{arch 17, 1966, advised that the Cresap, llcCormick & Paget Salary Survey is nearing conpletion and in compliance with the contract agreement, shall be subtnitted to Council by April 5, 1966. Tlhe City l{anager, in a verbal report, advised that the salary consultants are desirous of meeting with Council at the next study meeting on April 6. Councilman }lartin noted that warrants have been issued to the sa1ary survey firm prior to receipt of its report and the City llanager was requested to withhold final payment until the completed survey is sutmitted to Council. 4. (b)PURCITASE STATE LAIID (11 ACRES) A memo from the City ltanager, dated l.tarch 17, 1966, advised that the sale of eleven acres of State land (bayfront properties) approved by the State's Excess Land Department, shall be considered by the State Highway Commission at its meeting, April 2O, 1966, with the City possibly acquiring legaL title and ownership prior to April 30, 1966. Tlhe report was acknowl,edged and placed on file. 4. (c) PRoGRESS REPoRT To WATER OUATIIY BoARD A memo from the City uanager, dated March 17, 1966, advised that Ur. John Jenks' report on sehrage disposal system corrections should be availableprior to April 15, 1966 ancl a required progress report thereafter sulxnitted to the Water Quality Control Board. lfhe City Manager further advised that in addition to the foregoing report, the Board also requires a firm and detailed time schedule by l,[ay 15, 1966, setting forth major steps necessary to cotnply with its requirements . T?le City Uanager verbally reported that it may be possible for Councilto take appropriate action on Ur. Jenks' report at an adjourned meeting wednesday, April 6, 1966. A co[Eounication from the Regional Planning Commi.ssion, San Uateo County, dated ltardr 8, 1966, submitting final recommendations from the Bayfront Conunittee on bayfront deveLopment and conservation, was acknowledged. Councilman Diederichsen reported on his attendance at the general meeting of the Regional Planning Commission on tlarch L7, 1966, at the San Bruno City HaIl and on which occasion, the Bayfront Cotnmittee's reconmendations, No. 1 th rough No. 8, were approved unhesitatingly. 4. (a) SALARY SURVSY 5. REGIONAL PI,ANNING COM!,1f SSION BAYFRONT COMMITTEE REPORT 362 Reporting further that recommendation No. 9 (Outer Bay Freeway) opposed by the County of San Mateo and the Cities of San Bruno and South San Francisco, s/as amended, Councilman Diederichsen for Council information read the compromiaed version adopted thereafter. RESOLUTIONS A comnunication was acl<nor^rledged from the Board of Supervisors, Countyof Los Angeles, dated March 11, 1966, requesting endorsement and adoption of a si.rnilar resolution enacted by that body to oppose a constitutional initiative pertaining to legalizing the manufacture, sale, purchase. possession and transportation of marijuana from appearing on the state election balIot. Councilman Johnson, recommending that Council endorse the action, introduced for passage a Resolution entitled "Opposing Proposed Constitutional Amendment sponsored by 'T1he Anonymou s Cornnittee for the Abolition of the Prohibition against l.tarijuana. "' ftrere being no second to the motion, the subject was tabled. FAIR EI*{PI.OYHENT PRACTICE A corrnunication from the Technical Advisory Conunittee on Testi-ng (TACT) an advisory corurittee to the California Fair Enplo)rment Practice Commission, dated lrlarch L4, L966, requesting the City to become aparticipant in a current study of California ernployment practices in the hiring of minorities, hras referred to the C.ity Attorney. Ttre resignation was accepted with regret and to write a letter to IrIr. Dippel on behalf of his services. A conununication was acknowledged from the Easter Seal Society, dated Irlarch 1, 1966, requesting the issuance of a resolution or a proclamation naming a one week period during the Easter SeaI Drive ending April 1O, 1965, as "Easter Seal" Week. COM}II SS IONER RES IGNAT f ON A conununication was read from !1r. Roland w. Dippel, 1336 cortez Avenue, dated ltarch 7, L966, submitting his resignation as a membe r of the Ilealth, Safety & Traffic Conmission. the City Clerk requested Council, acknowledging DIRECTIONAI SIGNS IN BUSINESS AREAS A memo from the City Manager, dated llarch 17, 1966, advised receipt of an adverse reply from the state Division of Hi.ghways to the request of the Federal Sign and Signal corporation to "overhang" business district directional signs at Burlingame Avenue and Broadway and that it htas the recomnendation of his office that the existing signs be rePlaced with new at the same locations. Ihe city llanager v/as authorized to proceed at his discretion. PROCI,AUATIOI{S Uayor Crosby issued the following proclamations: "CAIICER COMTROL ITiONTII IN BURLIIiIGAII{E" April I to 30, 1966; "PAII NTERICAN DAY" April 14 and "PAN NIIERICA}I WEEK" April 10 to 16, 1966. E,ASTER SEAL DRITiIE 363 OUT OF STATE INSPECTION TOUR A memo from the City Uanager, dated l{ardl 17, 1966, advised that the Pire Chief, in addition to nine other Bay Area Fire Chiefs, has been invited by ceneral llotors Corporation to inspect diesel engine factories tocated in Detroit and Indianapolis for a period of three days, with no financial obligation on the part of the city. Council authorized the Fire Chief to accept the invitation to the out-of-state tour. A communication fron the county of san uateo, dated It{arch 15, 1966, notifying Council of a special meeti-ng of the west Bay Rapid Transit Authority, Doran's Supper Club, Belmont, Friday, Ir{arch 25, 1966, 8:0O p.m., for the purpose of receiving and acting upon the resignation of the Honorable ltlallace Benson as a Director, vras acknowledged. llayor Crosby and Councilman l{artin announced their intention to attend. ANNUAL '' COMMI'NITY VEHICLE SAI'ETY-CHECK " A cqtnunication from the State Department of tlotor Vehicles, dated March 18, 1966, announcing that !{r. P. W. Hones, ceneral lilotors Corp- oration, 1825 Trousdale Drive, is available to assist northern California conuunities in conducting a Vehicle Safety-Check was referred to the San Mateo County Safety Council. A communication from the Pub1ic Utilities Conunission, dated March 16, 1966, advised that the Southern Pacific Company has announced its intention to discontinue the sale of tickets at Broadway, effective at the close of business, Friday, April 15. 1966 and any opposition to the proposal may be transmitted to the Commission. council indicated no objection and the coururunication was received for filing. A report to Council frqn the city PLanner, dated lr{arch coneerning radio transmission tower installations, was and the subject referred to a council study meeting. 15, 1966, acknowledged The City Planner, in reply to an inquiry from Councilman Diederichsen, stated that the city of Burlingame has no provision either within the Zoning code or the Building Code and as suggested by Councilman Diederictrsen, his Office would obtain a copy of applicable ordinances in effect in the city of San Francisco. The City Engineer advised that his Overpass "Model" on display at the office anticipates having the Broadway next meeting of Council, April 4. Mr. Hugh Connol1y, President, Burlingame Chamber of Comnerce, in attendance, stated that plans are in progress to place the "model" in stores within the Cityi s business distriets and was advised by Council that it may be available for store display after the April 6, Council Study Meeting. WEST BAY TRANSIT MEETING TICKET SAIE DISCONTI}IUANCE AT BROADWAY RADIO TRANSUI SSION TOWERS OVERPASS "},IODEL" TO BE AVAILABLE 364 RECREAT ION CENTER PARKWAY COII{PI,AINT Councilman !{artin reported a complaint received from the SeniorCitizens concerning the condition of a parkway strip in the area ofthe Recreation Center area. The City t{anager was requested to 1ocatea space that may provide an appropriate area to the group when steppingfrom automobiles. MOTION TO APPOINT ATTORNEY TO ACT FOR CITY A motion sras introduced by Councilman llartin, seconded by Councilrnan George and unanimously carried, appointing Cyrus J. Mclr{illan, Attorney, to represent the City of Burlingarne in actions filed with respect tothe Pringle Constructi.on Conpanyr s "Skyline" project variance. fhe study meeting of April 6, L966, to the selection of members to fill to give consideration City Commissions. was scheduled vacancies on COI,IPLAINT RE: CLUB "SO-HO" Councilman Diederichsen reported his receipt of a complaint concerning the operation of the Club So'Ho on Broadway, wherein it is alleged that dancing is being permitted several evenings a week and alcoholic beverages, brought in from the outside, are being consumed on the premises. the issue was referred to the Chief of Police for investigation. CITY ENGINEERING STAFF COMMSIDED Councilman ilohnson, reporting on an undesirable condition created by a faulty drainage in her neighborhood, commended the City Engineer and members of his staff for the prompt attention given to correct the nuisance. NEW STREET LIGHTING PROGRAI,I Ihe city Engineer, in reply to an inquiry from Councilman Diederichsen, reported that the Pacific Gas and Electric Company has commenced a program within the city to replace incandescent lamps with mercury vapor lamps to provide a more adequate illurnination. At the request of Councilman Martin, the city Engineer advised that he hrould confer with the Pacific cas and Electric Company on the attachment of an appropriate shield on the light standard in his neighborhood. STUDEbIT GOVE RN},IENT DAY Councilman Johnson announced that the annual was scheduled for Tuesday, April 19, 1966. "Student covernment Day" tlhe 6hair adcnowledged receipt of minutes from the Health, safety & Traffic Commission and the City Improvement Committee and monthly reports from the Fire and Police Departments. CLAIMS warrants, llonth of llarch, 1966, Nos. 5869 - 6052, in the total anount of $L44,615.01, duly audited, were apProved for payment on motion of councilman tlartin, seconded by Councilman George and unani.mously carried. CO!,IMI SS ION APPO INT}.IENTS ACKNOWLEDG},IENTS 365 PAYROLL Payroll warrants, Month February, 1966, Nos. 7912 - 8396, in the total anount of $123,399.03, r.rere approved on motion of Councilman Martin, seconded by Councilman George and unanimously carried. ADJOURNMENT llhe meeting was regularly adjourned at 1I:45 p.m. Respectfully submitted, HERBERT K.ITE, City Clerk APPROVED: ilrta.;4.0^"!,* WILLIAi/T J. CRObBY, UAYO{/