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HomeMy WebLinkAboutMin - CC - 1965.01.18141- CALL TO ORDER A regular meeting of given date. Ueeting the Chair. Burlingame, Californra iranuary 18, 1965 the Burl furgame City Council was held on the called to order at 8:OO p.m., - Ir{ayor Martin above in PLEDGE OF ALIEGIA}ICE At word from the Chair, Pledge of Allegiance to ROTL CAIL all in the Council Chamber arose and gave the the Flag. D iede richsen-,Johnson-l.4art in. Crosby - George (8:15) . Councilman Crosby and Councilman George, expected later in the meeting, were excused . I.4INUTES P re sent Absent Tl1e minutes to Council, Councilmen: Councilman: of the meeting of January 4, L965, submitted previously were unanimously approved and adopted. A}INOUNCEMENTS llayor Martin announced receipt of the following: I{inutes from the P1-anning Conunission, a report and minutes from the Library Board, minutes from the Health, Safety & Traffic Commission and a monthly report from the Police Department. A comrnunication from I{r. Edward C. Crawford, dated January l-2, 1965, announcing his acceptance of a position in Southern California and submitting his resignation as a member of the Civil Service Commission. The City Clerk was requested to acknoirledge the communication with appropriate words of appreciation and to wish I'1r. Crawford success in his new position. llhe City ltlanager was requested to convey the Council's desire that lr1r. crawford attend the forthcoming Commission-council Annual Dinner lleeting. february 1, 1965 was scheduled as the finaL date in which Council shall have names submitted to fill the vacancy and February 3 (study meeting) scheduled for interviews for cand idates proposed to fill vacancies on both the Parking Cormnission and the Civil Service Commission. A communication from the County of san l4ateo, dated January 8, 1965. enclosing a copy of a proposed ordinance pertaining to "Hiking and Riding Trails" of San Uateo County. The City Clerk was requested to furnish a copy to the members of the Park Commission. A communication from the County of San Uateo. dated .,anuary 8, 1965, requesting informat ion to assist the recently activated West Bay Rapid Transit Authority in a plan for mass transit within the County. A compretrensive report of the activities of the Senior Citizens, and a communication from the Mayor of South San Francisco announcing that Senator Richard Dolwig shall speaJ< at the forthcoming meeting of the North County council of Cities. Councilman Diederichsen and Councilman ifohnson spoke of their intention to attend. 142 COMMUNICATIONS A communication from the City lvlanager, dated January 14, 1965, advised that the Health, Safety & Traffic Commission, the Traffic Division of the Police Department and his Office recommend that Carmel ita and Vancouver Avenues be created a four-way stop j-nter- section . Council concurred with the recommendation and the City Attorney was directed to prepare legislation for Council action. 2. SANCHEZ AVENIJE A THROUGH STREET A communication from the City Manager, dated January 14, l-965, advised that the Health, Safety & Traffic Commission, the Traffic Division of the Police Department and his Office re commend that Sanchez Avenue from El- Camino Real to Cali-fornia Drive be made a "through" street and that legislation be enacted requiring vehicles enteri-ng Sanchez Avenue from Capuchino, Paloma. Laguna and Chula Vista Avenues to stop. Council concurred with the recorunendation and directed Attorney to prepare legislation for council action. the City 3. WATER POLLUTION CONTROL BOARD ADD IT IOI{AL REQUI REI{BNT S A communication from the City lr4anager, dated .fanuary L4, L965, referred Council to a proposed "Tentative Resolution" proposed for adoption at the \ranuary 2L, L965 meeting of the Regional Water PolLution Control Board, wherein the City of Burl ingame sha1l be requested to install "interim types of improvement" to meet the Board's set requirement for the City. The city Manager Engineer plan to sha11 report the advised that the City Engineer and the Consulting attend the ,ranuary 21st meeting and thereafter result of the discussion. Uayor ltlartin stated that a request sha1l be made to the San l{ateo Council of llayors and the North County Council of Cities to place the subject on its agenda to ascertain the reaction of other cities to demands made by the Pollution Control Board- 4. PERIT{ISS ION TO CONSTRUCT CATWAIKS DENIED A communication f rom the City lr,lanager, dated January 74, 1965, advised that a formal application has been received from David H. Keyston, President, Reclamation District lrlo. 2097, 1290 Bayshore Highway, for permission to construct catwalks frqn the levee on the south side of its properties to the Pacific cas and El-ectric Company's transmission towers . The City lr{anager further advised that the proposed walkways would detract from the appearance and limit the use of the lagoon and therefor recommended that the request be denied- A motj-on was introduced by Councilman Johnson, that the request be denied, seconded by Councilman Diederichsen and unanimously carried- 5. CITY STREET CONTRACT ACCEPTED A comnunication from the City l{.anager, dated January 15, 1965, advised that the Lowrie Paving Company has satisfactorily compLeted all the requirements of the plans and specifications on the contract Work for the Resurfacing of city Streets and it was reconmended by the Office of the City Engineer and his office that the project be accepted . 1. TOUR-WAY STOP CARMELITA-VANCOUVER 743 RESOLUTION NO. 3-65 ,'Acce pting Resurfacing of Ivliscellaneous Secondary City Streets - .Tob No. 54-18" was introduced for passage on motion of Councilman ilohnson, seconded by Councilman Diederichsen and unanimousJ.y adopted upon Ro11 Ca1l . 6. ANNUAI AII,OCATION ENGINEERING EI'NDS A communication from the City l{anager, advised that the State Division of Highways has submitted a resolution budgeting a $6.000.O0 allocation for engineering funds and it was his recolunendation and that of the City Engineer that the resolution be enacted. RESOLUTION NO. 4-65 " Resolution of the City Council of the City of Burlingame, San lrlateo County, California, Adopting and Submitting a Budget for Expenditure of state Allocated (Engineering) Funds " was introduced for passage on motion of Councilman .fohnson, seconded by Councilman Diederichsen and unanjmously carried upon RolI CaI1 . 7. CONSTRUCTION ADEI,INE DRIVE INTERSECTION A communication from the City lrlanager, dated ;Ianuary 15, 1965, advised that the State Division of Ilighways has indicated approval to the City's preJ-iminary plans to improve the Adeline Drive and E1 Camino Real- inter- section and sha}l assume the entire cost for the relocation of two traffic signals on the easterly side of El Camino Real at Adeline Drive and the removal of the existing four standards to the south. Tlhe City llanager explained the advantages to the City by assuming the construction costs for the proposed relocation of Oxford Roa{ and the Division of Hi.ghways the cost of the traffic signal, and thereafter recormnended that the proposed improvement, including the construction of the Adeline Drive and El Camino Real intersection and the closing of the Oxford Road-El Camino Real intersection, be set for public hearing. T'he city Attorney was directed to prepare scheduling the lst day of March, 1965, as a resolution of intention, a public hearing. Itlayor llartin announced that two publ ic hearings r^,ould be conducted ; one, a formal hearing, on the vacation of a portion of oxford Road, as required by 1aw, and secondly, an informal hearing to permit residents affected by the proposal to relocate an ingress and egress at the easterly intersection of Adel ine Drive and E1 carRino Rea1. the prJ-vilege of entering obj ections . 8. STREET ],IGHTING IMP ROVEI4ENT ACCEPTED A communication from the City Manager. dated January 15, J.965. recom- mending the acceptance of the Street Lighting Improvement on California Drive, satisfactorily completed in compliance with plans and specifications by the Kennedy Electric Co., vras concurred in by Council . RESOLUTION NO. 5-65 "Acce pting Street Lighting Improvements California Drive,, North Lane to oa]< Grove Avenue, Job No. 64-34" (Kennedy Electric) was introduced for passage on motion of councilman Johnson, seconded by Councilman Diederictlsen and unanimousJ-y adopted upon RoJ-1 Ca1I. 9 \,l,EST BAY RAPID TPANSIT INFORMATIOI-I A memo to Council from the City ltlanager, dated January 15, 1965, subrnitting replies relative to transit operations within the City of Burlingame as requested by the County of San Irlateo West Bay Rap id Transit Authority, was acknowledged and placed on fi.Le. 144 10. PETITION RE: PROPOSED APAR?I{ENT IrllLLS ESTATE A petition fi-led by Ui]-ls Estate property o\^'ners opposing Itlr. Douglas Pringle's proposed construction of apart$ent houses in the Upper Itlills Estate, was acknowledged and the subject he].d for discussion under the heading of "Unfinished Business." RESOLIIIIONS (BAYSIDE II,IPROVEMENT DISTRICT) Mr. Philip D. Assaf, representing the legal firm of Wilson, Harzfel-d, afones and llorton. Attorneys for the Bayside Improvement District, advised Council of resolutions to be enacted pertaining to the Bayside Improvement District. Action was thereafter taken as follows: 1. RESOTUTION I\IO - 6-65 "A Resolution of Intention to Uake Changes and Modifications Bayside Improvement District Schedules 3 and 4" (Incorporating final plans and specifications within the second unit, approved by the City Engineer) and scheduling February 15, 1965, as a public hearing, was introduce<i by Councilman Diederichsen, seconded by Councilman Johnson and unanimously adopted upon RoII Ca11; 2. RESOLUTION NO. 7-65 "A Resolution Confirmin g Amenoeci Assessment-- Bayside Improvement District" (Providing for nine parcels instead of one parcel and rendering it possible to issue bonds of marketable denominations) was introduced for passage on motion of Councilman ceorge, seconded by Councilman ilohnson and unanimousl-y adopted upon Ro11 Ca1], 3 RESOLUTION No. 8-65 "A Resolution callin g for Sealed Proposals Bayside Improvement District Schedules 3 and 4" (neceipt of bids Feb. 11 , 2 p.m., award l'eb. 15) was j.ntroduced for passage on motion of Councilman Diederichsen, seconded by Councilman George and unanimously adopted upon Roll Callr and 4. RESOLUIION NO. 9-65 "A Resolution Cal1in g for Bids on SaIe of Improvement Bonds - Bayside Improvement District Schedule II On1y" (Feb. 15) was introduced for passage on motion of Councilman .Tohnson, seconded by Councilman ceorge and unanjmously adopted upon Rol-L CalI. RECES S A recess was declared by the Chair at 8:30 p.m CALI TO ORDER The meeting reconvened at 8:40 p.m KI!{ANIS '' GOLDEN ANNIVERSAXTT., llayor uartin acknowledged a "b1ank check" received from the Kiwanis Club of Burlingame, commemorating its Golden Anniversary of Corununity Service from 1915 to 1965, and "paying to the order of Bur].iagame the 'continued desire to serve and maintain the standards of the community duri-ng 1965. ' " O RDINANCES ORDIAIANCE IIO. aI8 "An ordinance of the Cit y Council of the City of Burlingame Authorizing An Ar0endment to the Contract Between the city Council and the Board of Administration of the california State Enployees' Retirement System" (Pre-membership-Survivor Benefits) was introduced by councilman Johnson and given its first reading. 14s T]NFINI SHED BUSINESS 1. PRINGLE VARIANCE CONSTRUCT APARTIIENT UPPER I\,IILLS ESTATE &Iayor }lartin acknowledged the receipt by Couneil of a "Petition for Ilearing and Petition in Opposition to Proposed Apartment Houses in the Upper Irlil-l-s Estate" and bearing the sigrratures of twenty-nine homeowners residing on llunt Drive and on Trousdale Drive. Said petition recited in part: "Ihat said purported variance was not a variance but was a rezoning and whether a variance or a rezoning was in excess of the jurisdiction of your honorable body inasmuch as the procedures followed were in violation of the ORD INANCE CODE, CITY OF BURINGAII{E and of the Planning and Conservation Act as set forth in Sections 65,500 through 66,390 of the C,OVERNIIENT CODE OF TEE STATE OF CALIEORNIA; according]-y said purported variance or rezoning is nuJ-l and void and of no effect whatever in a 1ega1 sense or otherwise. " uayor uartin observed that the petition alleges that the variance granted is null and void and questioned the City Attorney on whether council "did grant a legal variance" and whether said variance is, in fact, in effect - T'he city Attorney replied in the affirmative- Iqayor Martin, through further inquiries, ascertained from the Cj-ty Attorney that the applicant, having met variance requisites is entitled to proceed with his plans, subject to conditions imposed, and Council cannot legal1y set aside its approval of the variance. Mr. Raymond A. .Plauss, 1837 Itunt Drive. one of the petitioners protesting the apartment construction, was recognized by the Chair and stated that it is the opinion of the homeowners, that the area should be reserved and maintained as R-I Residential and that a 117-unit construction is not compatible with a residential area. Mayor l{artin reminded the protestants that the Attorney has ruled that a legal variance has been approved; Council, however, has no obj ection to hearing comments from protestants "apart from those pertaining to the legality of the issue. " The City Planner, in reply to inquiries, advised that the completed plans for the proposed two three-storied apartments were sulmitted to him by the applicant on this dayr the tentative map has been approved by both the Planninq Commission and the City council and that the final map has yet to be presented. The City Pl-anner stated that up has met the requirements of the to the present tire, eadr procedure Code. Mr. John C. Bauer, representing the Mills Estate Home Onwers' Association, referred to a communication received from l4r. Pringle and read at a prior meeting of his Association, in which certain concessj.ons were made by l'1r. Pringle and ltrereafter the members present voted not to oppose the construction. An inguiry from the Floor concerning the objection to the proposed construction other than on the "plateau area" was referred to I{r. Pringle. !1r. Pringle gave assurance that his promise to construct the project on the plateau would be maintained. Mr. Pringle advised further that the lovrest point of the building shall be twenty-eight feet alrove the grade of the back yard of the Mauss property. 146 tn reply;rlto !4r. Charles Eelton's statement that in his opinion, 5mproper notice was given to the hearing thereafter granting the variance, the City Attorney stated that he assumed that the City Clerk's Office gave proper notice; h@rever, if an inadvertant error occurs in giving notice, the lar^, stipulates that it shall not invalidate the Proceedings. Also replying to an inquiry from !,1r, Helton, the City Attorney with respect to "who makes (to justify) the granting of variances. the the Chair guestioned determinat ion The City Attorney advised that the granting of variances is the prerogative of Council . The City Planner replying to the drair's inquiries concerning future procedure in the matter of the Pringle variance, advised that tt'/o separate steps are required: (1) The review and approval of a Subdivision Map of the property by the Planni-ng Commission, and (2) a review of the final map at a study meeting, with formal action taken on the finaL map at a regular meeting of the Planning Commission. llhe City Planner advised that it is anticipated that the final map will be presented to Council at its March 1, 1965 meeting. Iv1r. I{auss's statement that the owners are concerned with the location of the apartments, was answered by I{ayor lrlartin who pointed out that(I) the variance had been granted prior to the homeowners purchase of their property, (2) at the time of granting approval to a variance, the area Implovement Association entered no objectioni and (3) it was the thinking of the majority of Council that with the extreme high- rise apartment construction immediatel-y adjacent to the property, in the City of tlillbrae, a less high-rise type structure would be appropriate in the "isolated" area. To !Irs. llauss's statement that the variance indicated, in her opinion, "spot" zor]ir..g, llayor llartin stated that the area is adaptabl-e as a "transitional" zone; that !1r. Pringle's plan was a "cornpromise" from high-rise structural plans previously rejected by Council and that Council was "carefu1" in ascertaining there were no homes in the area. Itlr. Ning C. Cheng, 1832 Hunt Drive. also expressed his opposition to the proposed p1ans, suggesting that Council assume a "moraI" obligation to protect the homeowners. Following further discussion wherein the opponents were advised of their privilege to seek legal counsel if they so desire, uayor Uartin stated that a record of the Proceedings of both the City council and the Planning Corunission are available for review by the public, in the Office of the City Clerk and maps and plans are on file in the Office of the City Planner. I'1r. Pringle invited interested persons to caII at his office to review the maps and plans for his apartment project. 2. GO],F COURSE STI'DY The Chair acknowledged receipt of minutes of a speciaI joint meeting of the Park and Recreation Commissions concerning recommendations on the proposal to dump and fill- additional land at the waterfront and on the Sherman feasibility report on the development of a golf course. Ur. Honritz, Recreation Commiss ion Chairman, in attendance, advised that the foregoing subjects, as r,.reIl as the subject of the Gunst Cottage" would be considered by Council at the study meeting. was " d ispo s it ion February 74? ] . CUERNAVACA-BURLINGAME COMMEMORATION Councilman ifohnson acknowledged receipt of an attractive album of colored photographs taken on the occasion of the Cuernavaca-Burlingame Sister City celebration, October, 1964. Words of appreciation were expressed and extended to the Stanf iel-d studios, Coloray, Norton Pearl, Don Bosco, H. Woods Giberson and AI Kauffman. 4. EMPIOYEES PAYROLL DEDUCTION OF DI'ES Action on the Burl ingrarne Civil Service Bnployees' Association's request for the deduction of dues from the payroll. was withheld pending Council approval of an appropriate form to include the aaount to be deducted and a reguest to terminate the deduction at a given date. 5. HUGO ROM.ANI CIVIC ACKNOVJLEDGMENT Upon the recorunendation of Councilman Johnson and concurred in by Council, the City C1erk was requested to direct a letter to Ur. Hugo Romani, Uanager, Bank of America, Broadway Branch, moving from the area to accept a position in Sacramento, corunending his outstanding civic interest, his serviee in behalf of "Heritage Days" in the City of Burlingame and the Sister City Committee, and to wish him success in his new position. 6. DISASTER PREPAREDNESS COUNCIL Councilman ceorge, council liaison to the city-County Disaster Preparedness Council, gave a report on a recent meeting in which thirteen of the seventeen cities having membership in the Joint Powers Council were polled and a "tentative" vote taken with respect to a proposed civil defense budget and wherein each City would assume an an apportionate share of the expenditures. Council-man George advised that in his opinion, the elaborate proposal and the expenditures proposed are unjustified and he therefor cast a negative voter a final vote on the issue has been schedul-ed for the next meeting, February 25, L965. The subject was requested to be placed on the Council study meeting agenda in February. 7. MIJNICIPAL CODE In reply to an inquiry from the Chair, the City Attorney advised thatj.t may be possible to formally adopt the Itlunicipal Code (prepared by the Book Publishing Company ) within the next month or six weeks- Mayor Martin referred to a prior lequest submitted by t"lr. Edward Johnston concerning the transfer of a parcel of land at the end La lv1esa Drive to his property. Mr. .fohnston, in attendance, expressed his appreeiation for courtesies extended to him by Council and thereafter withdrew his request, without prejudice. NE]I./ BUSINESS ].. BROADWAY AREA TO BE SURVEYED Councilman ceorge r,rith the concurrence of Council, requested the City Planner to conduct a survey of the Broadway area to ascertain theavailability of lots that may be acquired for parking facilities. R. of B. E. R. JOHNSTON RE: PARCEL TRANSFER LA I{ESA DRIVE 148 2. P ROCLAT\,IATION KIWA\II S ANNIVERSARY Irtayor Uartin announced that a proclamation had been issued, bearing his signature on thj,s day, comrnernorating the Golden Anniversary of the founding of Kiwanis International . CLAII,lS January warrants, Nos. 3316-3489, in the total amount of $188,6L7.A6,duly audited, were approved for payment on motion of Councilman George and seconded by Councilman ilohnson, PAYROI,L Payroll warrants, Nos. 1102-1573, in the amount of $111.246.17, Ivlonth of December, 1964, were approved on motion of Councilman ceorge, and seconded by Councilman Diederichsen. ADJOURNI{EIIT The meeting was regularly adjourned at 10:05 p.m. Respectfully submitted, HERBERT K. !{HITE, CIIY CLERK APPROVED: D. IIIARTIN, MAYOR .--)