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HomeMy WebLinkAboutMin - CC - 1965.02.15154 Burlingame, California February 15, 1965 CALL TO ORDER A regrular nEeting of the Burlingame City Council was held on the above given date. Meeting called to order at 8:I0 p.m., - Mayortr{artin in the Chair. PLMGE OF ALLEG IAIICE At \rord from the Chair, all in the Council Chamber arose and gavethe Pledge of Allegiance to the Plag. MINUTES Ihe Minutes of the regular meeting of February 1, 1955. submittedpreviously to Council, were approved and adopted. ACKNOWLEDGEMENTS Mayor Uartin acknowledged receipt of Uinutes from the Park Cornnission,the Health, Safety & Traffic Commission, a monthly report from boththe Fire Department and the Police Department and the Annual Reportof the Planning Commission. B IDS (a)BAYS IDE II{PROI/EI{ENT DTSTRTCT SCTMDULES fII AND TV SeaLed proposals for the BayEide fmprovement District, Schedules IIIarri rv, opened at 2:O0 p.m., on February 11, 1965, in conformancewith published notice, were declared as follows: BIDDER TOTAL BID Present - Councilmen:Absent - Councilmen: Fisk, Firenze & Ucl.,ean Co. L. C. Smith Co. Kunz Pavingr Co.o. c. Jones & sons It{ccuire & Hester Lo\^rrie Paving Co. Engineering Estimate $r97,398.4s SCIIEDI'LE TV Bisk, E irenze & !{clrean Co. O. C. afones & Sons It{ccuire & Hester Lovrrie Paving Co. Ogcar Holtlles cradall ConEtruction co. George Biahchi Construction Co. Dan Caputo Co. CroEtry-Diede r ichs en-George- Johnson-llar tin None $ls7, 161, 153, 164, r81, LA4, LL2.70 173. O0 913 .83 913 .83 r07. oo 083.55 $ro8,700.0o 9A, L42.OO 92 , OOO. O0 100 89 85 78 85 Engineering Estimate $ 85, 000.00 , 696. O0 ,707.OO , 880. OO , 950. OO .900-oo ROLL CAIL SCTIEDI,'LE IIT BIDDER TOTAL BID 15s (b)BAYS IDE IMPROVEMENT DTSTRTCT BOI{D SALE SCHEDT'LE TI ONLY Seald proposals for the Bayside fmprovement District Bond Sale, Schedule If on1y, rrere opened on this date. in conformance with published notice arral declared as follows: BIDDER r!OERE ST RATES ($358, 332.O0 principal) Western fnprovenrent Bond Co., Inc. 221 Montgomery Street, San fYancisco 96.625% par value 5\% per annum - 20 years 5% prem. unpaid principal First California company 330 &{ontgomery st., San Francisco S. C. Poh lman Company 55O california St., san Francisco Gross and Company, Inc. 816 w. 5th. Los Angeles Stone & Youngberg 1314 Russ Bldg. San Francisco 99.Os-3/6% Pa 8% pe r valuer annum 994 par value5$ per annum 99.26% par value 5.4% per annum 99-L/4 par value5* per annum ltre foregoing bids vrere referred to Mr. Kenneth f. Jones. Attorney, representing the District and to !!r. Hot^rard Hickey, Engineer for the District, for analysis and reco[urEndation prior to the termination of the meeting. COMMI'NICATIONS 1. TMTERSECTION S TOP - BTJRLTNGAIiIE-LORTON AVE}IU3S A comunrnication from the city Manager, dated February 11, 1965, advised that a traffic survey conducted in the area of the Burlingame Avenue and Lorton Avenue intersection i.ndicates that signals are warranted. RGference was rnade to a report prepared by the Office of the City Engineer, estirnating an expenditure of $7,00O.OO to install the traffic lights. It rraE the recornmendation of the City Manager that (1) the inter- seetion be made a four-way stop by the passage of a Resolution prepared by the City Attorney and that signs be plaeed inunediately; l2t that the City Engineer proceed with plans and specificationsfor installing interconnecting traffic signals. Tlhe City Uanager advised further that the roork program of the Officeof the City Engineer necessitates a delay of several months inthe preparation of plans, hor^rever, the placement of four-hray stopa at the intersection will provide a Eafety measure in theinterim. Council concurred rrith a suggestion made by Councj,lnan Diederichsenthat the City lt{anager ascertain the cost of engaging an outside engineering firm to prepare plans and specifications for the trafficLight installation. Council also concurring with the reconunendation of the City lr{anagerthat the intersection be temporarily created into a four-way stop, Councilman Johnson introduced and moved the passag e of RESOLUTION NO. 19-65 "Designating the Intersection of Burlingame Avenue and Lorton Avenue a Four-Vlay Stop Intersection" seconded by eouncilman Diederichsen and unanimously adopted upon Roll Call. 156 2. REPIACEMENT GT'NST COTIAGE PROPOSED A comrmrnication from the City Uanager, dated f'ebruary 1I, 1965, advised that the original plans for the Recreation center cannot be used to accomplish the addition currently requested by the Recreation Department, new plans, drawings and specificationaare required and the cost of building construction wou ld approximate $12,o00 to $ls,0oo. Ihe City Manager suggested that tilr. william llhifler. Architect, be retained to prepare the plans. fn reply to council inquiry, the City Manager advised that in a personal discussion with tlr. r{hifler, no commitment waE rnade on whether he would accept the aseignment. Also in reply to Council inquiry, concerning a new set of plans, thecity Engineer advised that the Superinten dent of Recreation has requeEted that a wing, as originally proposed, be relocated to provide a convenient access to storage facilities. Folloning a brief discussion, uayor uartin suggested, with councilconcurring that the subject be held for diEcussion at the llarch 3rd study meeting, with the Superintendent of Recreation invited to be preaent. 3. JOSEPH H. LORENZ MEII{ORIAL PROJECT A comrmrnication from the City lt{anager, dated February 11, 1965, advised that a clarification has been received from ljlrs. Joseph H. Lorenz concerning a contribution to the City to memoralize herlate husband, Councilman and Uayor, Joseph H. Lorenz. llrs - Lorenzhas indicated that she wiLI contribute $1,0O0.O0 tovrard the develop- ment of the Canyon area and that an appropriate memorial be designated within the area when it is developed. 1[]re City Manager vras reque sted to cormunicate with Hrs . Lorenz to confirm the offer and to expresE the appreciation of Council. 4. MOTORISTS !{AILBOX CONVENENCE A coNnunication from the City Ir{anager, dated February 1O, 1955, advised that Postmaster John ,r. Broderick has requested permission to locate a mailbox at the exj.t of the parking lot on Park Road across from the City HalI for use of and convenience to motorists. Council was advised that litr. Gfroerer, President, Derntown l{erchants Association ard li!r. Bruce Kirkbride, secretary, Burlingame Parking commission, have indicated their approval. Following a brief discussion on the possibility that a traffic problem may be created, Council concurred with the rec@ndation that theinstallation be approved on a tempo rary basis. s. (a)CORRECTTON SERS A.!4END!4EII1T A commrnication from the City l{anager, dated Eebruary 11, 1955, advised that the State Emplolzess' Retirement System has inforrnedhis Office than an error l.ras made in the recent contract amendment documents (1959 Survivor Benefit) forwarded to the City by the State Retirement Board and necessitating the passage of another resolution. fhe City fangger explained that the arnend[Ent erroneously and i11e9a1ly specified that the provisions sha1l be restricted to "safety" members. RESOLUTION NO. 20-65 "Reaolution of tle Ci ty council Authorizing an Amendment- to correct an Error in the Contract Between said City of Burlinqarne and the State Employees' RetirelEnt System" uras introduced for paEsage on moti on of Councilman ceorge, seconded by Councilman crosbr!, and unanimously adopted upon Roll call. 75? s. (b)MEETING WITH GOLF' COURSE CONSULTANT A memo from the city uanager. dated February 1I, 1965, advised of a meeting with Mr. Jack Pleming, colf coulse consultant, uonday noon, February 15, at the Cypress Hills Golf Course to discusshis services in connection with the development of a golf coursein the area of the city Dump. Reporting verbally on the meeting, the City l{anager spoke on his favorable reaction to !tr. Fleming and his vride experience in thisparticular field. Tlhe City l{anager adviEed that a detailed report shall be submitted in the near future. 6. PETITION RE: MIILTIPLE-APARTMENT HOUSE DWELLING S Ir!r. George R. Corey, Attorney for David t. Gueat aE the Presidentof the Bur lingame Civic Improver0ent club, fncorporated, a corpor ation, addressed the Council and declared under questicdng by the Chairthat the civic Ieprovement Club was legally incorporated under the laws of the state; dnd that he did not have, hovrever, a list of itsofficers and menbers - t'1r. Corey was given the approval of council to proceed with his presentation . Referring briefly to " statements of fact" prepared by the Bur lingameCivic fmprovement Club, fncorporated. Ur. Corey commented on ltlr. Douglas Pringle's aplEarance early in 1964, before meribers of the Burlingame Mills Estate fmprovement Association to solicit their support in obtaining apartment house zoning for 112 acreE in the upper uil1s Estate and his subsequent agrreement to limit conEtruc-tion to a height of three storieE and to locate buildings ful1y on the plateau with a maximum of 120 dwelling units, to which agreement the majority of those present r'rithhe ld their objection. Itr. Corey, continuing, stated that upon acquiring title to 3.12 acres, the dev&loper appeared before the Planning commission and was there-after denied an application for a variance on the basis that no "hardship" lras indicated, the city council, on an appeal, granted the variance and it is now alleged that in view of the developer acquiring additional land to increase the acreage from 3.12 acresto 3.52 acres, without referral to the Planning Comrnission, a " variance upon a variance" has been permitted. Reading frorn a prepared statenEnt, !tr. Corey advised that a reviewof the variances and procedures" whieh have placed uDr clients in their unfortunate predicament" Ls requeEted and a number of reasons in support of the reguest !,ras set forth. A petition was acknowledged and read from the Bur lingame Civic fmprovement CIub, fncorporated, dated February 10, 1965, and bearing the siqrnature of David L. Guest, PreEident. The petition recited in part: "We are concerned with the trend toward high-rise and high-density developments in Burlingame... " "Attached is a copy of a legal notice of intention to circulate an initiative petition" )to enact City ordinance for the Purposeof Reatricting anit Controlling Mrltiple-Dwelling 6nd Apartrnent House Construction and Variance ProcedureE and Freezing Activitiesin Conflict rrith said Initiative Proposal) and that "said 1e9a1notice was published in the Advance-Star. " " Tthe reason forpublishing this notice is to aEsure that the citizens of BurlingarEwill have an opportunity to vote on this crucial matter;" that "when high-density developments threaten to tax single-famry homesout of existence in order to subEidize such developmentE, then rre do think that the people rrho are to pay the taxes and lose their horres Ehould be consulted. " 158 !lr. Corey. in concluding his presentation, advanced severaladditional reasons to support the request for new rezoning pro- cedures: (a) that conditiona set forth in the zoning code ofthe City justifying revocation of variances, includes "that the use is detrimental to the public health or safety or is a nuigance, "and (b) the changed condition as a result of the action of the Millbrae City Council (dis-allowing construction Uillbrae Tovrera )eliminates a "buffer zone" 'rdhich might be said to have existed infavor of the zoning now in guestion.' A request was thereforsolicited that the entire matter be reheard ae a rezoning pro- cedure and that the 'matter be set for additional hearinge beforethe Planning Commission so that vre may discuss these matters in afriendly and sensible $ray, instead of in the courts.' Mayor lt{artin questioned the City Attorney on rrhether a legal variance had been granted to ltlr. Pringle and the City Attorney replied in the affirmative . Questioned by the Chair on rrhether he would on the "propriety of re-oping the hearings, " aPProval. care to discuss the isgue Corey indicated hisI{x. Mr. Corey stated that the majority of taxpayers are opposed to high-rise construction on the hillside; the iEEue at hand is one of acontroveraial nature and should be heard before both the Planning Cornrnission and the City eouncil. It{ayor Martin pointed that on the occaEions of prior hearinga there was 1ittle opposition and yet some monthE later there appearE to be strenuous opposition. I!tr. corey stated that objections had been previously entered byI{r. Harry N. Wolff and !lr. D. E. Sul1ivan, representing the Burlingame-Mills Estate Horne Gdnerg' Association and later an objection was subnitted by Mr. and trrs. R. A. !!auss, proteEting that the propoEed conEtruction will infringe upon their property. uayor uartin read excerpts from both the Planning CommisEion andthe city council minutes when the project was under discussion,indicating 1ittle, if any, obj ection waE entered and, callingattention to the recent Dewlrpaper publicity concerning the circula-tj.on of a petition opposing apartment house projects as proposedin this instance, pointed out that there appeared to be few in attendance on this occasion to Epeak on the issue. !!r. Corey stated that the situation is unique and spokeimproprieties, wherein the residents should be given anto be heard. on alleged opportunity Mayor uartin cited numerous occasions, particularly when Eichler Homes, Inc. purchased paoperty in the area, that Council intercededto protect the ui}ls Estate resj.dents from having "Eichler-type"residences constructed adjacent to honeE already established; that h,hen the variance was granted there was no construction in the area; A1pha Land company and Eichler Homes, Inc. entered no objection and another organization, the Burlingame Suburban Protective Association, interested in such issues in the paEt. entered no objection. QueEtioning Mr. corey on whether he considered the variance an un- favorable action and that the issue should be re-opened for public hearing. !ilr. Corey replied that the matter Ehou1d be referred back to the Planning Commission. It{r. Raymond Mauss. one of the protestants, stated that considerablegrading is in progress on the subject property and questioned the status inasmuch as no building permit has been issued. The Chair referred the inquiry to the city Engineer, who advieed that the City does not require the owner to obtain a permit to grade hisproperty; however, a permit is required if construction is toproceed. It was pointed out that the gr:ding procedure is not an unugual one. 159 councilman crosby questioned l{r. Itlauss concerning the purchase of his property and whether he had been inforned vrith respect to the apartrnent house project. ttr. I{auss gave the name of the seller and stated that he had been told that a park was planned for the area. Mayor Martin, to summarize the status of the ilgue thus far, stated:that (a) the City Attorney has ruled that a lega1 variance has been granted; (b) all facts rrere brought out at previous hearings;(c) at the time the variance was granted there was no one livingin the irediate vicinity; (d) there was very little opposition;(e) the construction creates a "buffer" zone; in his opinion, thislatter fact has not been changed, and (f) the variance granted is favorable and "good for the City of Burlingame. " !lr. MauEs, in replying to statementE nEde trlz Mayor Martin,that when !{r. Pringle ret rrith the uills Estate residents, considerable opposition. statedthere rras Eyor UErtin, invited l{r.-D. }1. .Teixeira, Pregident;'- uill-s Estate ttrpioveilen t *sddciation to connent- t!, !lr. Teixeira stated that vrhen !lr. Pringle made his presentation to the rnenibers of his Agsociation early last year, they indicated they would not object to the construction if specific concessionE arere complied with; it is currently conceded that there is no variancein the present plan from that originally presented and that the associatj.on would therefor honor its prior "commitment or "'promise"not to oppose the construction of the apartment. Uayor Martin complimented l,!r. Teixeira on the "attitude" of hisassociation on this i.ssue and requested cotmnts from Council. Councilman ceorge stated that in his opinion, it iE a "good variance" and there being no further discussion, Council continued with theregular order of businegs. REFERENCE TO BOND SALE BIVSIDE IMPROVEUENT DISTRICT li!r. Kenneth I. Jones, Attorney, representing the Bayside fmproverEntDistrict, advised that a review of the sealed proposals for the Bond Sale Schedule II, Bayside frq)roven€nt District, indicated the Western Improvement Bond Company, Inc. to be the most favorable bidder; however, the bid is not responsive to the caII as the bonds are back-dated - IrE. Jones further stated that the Engineer for the District haE advisedthat with the receipt of a favorable bid for the project construction,a twenty five percent reduction in the asEessments is indicated. ft was the recommendation of !lr. Jones that in view of the twenty-fivepercent reduction in asgessments and the eEror occuring in the most favorable biil, it would be in the best interest to reject aII proposals for the bond sale and another invitation to bond bidders be advertised. llhere being no objection, Council concurred with the recommend.ation and the hearing was continued to the next regular meeting, I{arch I, 1965. Acting upon the further reconurend.ation of Mr. Jones, that an action be taken to reduce the amount of the project assessments from $358,332.00 to $283,o00.o0, RESOLUTTON NO. 21-65 ,,A ReEolution Ordering Reduction of Aasessments - Bayside Improvement District -Schedule ff" waE introduced for passage on motion of Couneilman Crosby, geconded by Councilman ceorge and unanimously adopted uponRolI Call. Mr. Jones called attention to the exclusion of a drainage ditch requiredwithin the project ($2,250.OO) from the original improvement plans and reco[unended that action on Bayside Improvement District SchedulesIII and fV contract awards be deferred until the facilitiy is included within the r,rork contract agreenent. 160 A motion vras introduced by Councilman ceorge that the sealed proposals received for the "Bayside Improvernent District Bond Sale Schedule II"be rejected and a notice of re-advertisement be published, reflectingthe reduced assessments, seconded by Councilman ,Johnson and unanimouslycarried. ORD fNAI{ICES - Consideration thereof: ORD INANCE NO. 8I9 "An Ordinance Amending the Ordinance Cde of theCity of Burlingame By Adding lhereto Section 122L.2O Providing forIntersection Stops for vehicleE at the Intersection of carnelita and Vancouver Avenues" was given its second reading and upon motj.onof Councilman ifohnson, seconded by Councilman Diederichsen, said ordinance passed its second reading and was adopted by the following vote: AYES: Councilmen: Crostry-Diederichsen-George-alohnson-It{artin NOES: Councilmen: None AB SENT Councilmen: None oRDfNANCE No. 82O "An Ordinance ArrEnd i ng ordinance No. 627 andsffi- 1225 of the 1941 ordinance code of the City of BurlingarE By Designating a Portion of Sanchez Avenue a Tlrough street" waEgiven its second reading and upon motion of Councilman ceorge, seconded by councilman Johnson, said ordinance passed its second reading and uas adopted by the following vote: AYES : Counci lmen : Crosby-Diderichsen-George-tJohnson-Martin NOES : Counci lnEn : llone ABSEMI Councilnren: Ilone oRDfIiANCE No. 822 "An Ordinance fncreasing the NuEiber of Medbers ofE;Tffit-EommTE s j.on from Five lt{e bers to seven Merdb€rs " was givenits first reading and ihtroduced by Councilman Diederichsen. CTIY CODE REFERENCE Mayor uartin, referring to the forthcoming formal adoption of the "Bur1ingame ldrnicipal code" reconullended that the city Attorney review the code with a view to eliminate those EectionE that may be "outdated" and that the City Manager request Department HeadEto submit a list of any changes appropriate to their respective departments. BROADWAY OVERPASS S TUDY In reply to an inquiry from Councilman Diederichsen, the city u.nager.atlvtggd that a finil report .cin a studly b'ei'pg maile rbh the Broadway Overpass. conducted by Messrs. York and Dady. Engineers, is due on March 1, 1965, as stiPulated in the contract. 2. "CI'ERNAVACA" NAME SELECTION councilman ilohnson, council liaison, Sister city committee, announced that word haE been received that the city of cuernavaca. Burlingame's sister city, has recently named one of its new parks "Burlingame" and therefor moved that the park area in the upper Mills Estate be named "Cuernavaca." Tlhe motion was seconded by Councilman Crosby and unanimous Iy carried . councilman ilohnson requested the city Manager to direct a letter to the Park commission thanking the mewibers for their interest in giving consideration to a name for the Nev, uills Estate Park. CIVIL DEFENSE " I{TC .., RO-WAVE "PROVISION Councilman ceorge, Council liaison to the City-County Disaster Prepared- ORDINAIrcES - fntroduction thereof: T'NFINISIIED BUS TNESS 1. 3. 16r_ ness and. Disaster Council, referred to the forthcoming rneetingof the Civil Defense and Disaster Council rEeting in Red$roodeity on Ebbruary 25, at. which time representatives will be requeEted to vote on a proposal to include a "micro-vrave" pro- vision within their respective city-county 'Joint Porers" agreement that would result in a considerable annual increase inthe cities' share of Civil Defense expenditures, Councilman George advised that on a tentative vote on the issue. taken at the last meeting, his rzote was recorded as a "no" vote because of the incumbent cost and he therefor requested instruction from council on his selection of a final vote. Councilman ceorge replied in the affirmative to an Chair that the City may continue to participate in DefenEe program without the additional provision. inquiry from thethe current Civil Folloring fur ther diEcussion, a motion was introdueed by Councilman ceorge that the City continue its membership in the joint Civil Defense-Disaster Preparedness program, providing a ruling is received from the Office of the District Attorney that the contract agreement iE valid \rithout the "micro-wave" inclusion; if ruledthat exclusion of the provision would invalidate the contract, the City of Burlingame withdra$, entirely from the city-county program. lEtre motion was seconded by Councilman Crosby and unanimously carried. PROTEST NAit,IE NEW IMLLS PARK AREA llr. Kenneth Ba1dlrin, 3055 Rivera Drive, protested the naming of the new Mills Park Area, "Cuernavaca" stating that in his opinion itis "taking away the franchise from the people" when"council takesaction" without proper publicity. councilEEn Johnson, councilman Diederichsen and uayor Martin each defended the prerogative of Council in making such determination - Add ing to the statements of Councilman Johnson, who explained the circumstances prompting Council to select the naIIE "Cuernavaca" Mayor Martin related details r^,ith reEpect to the city acquiring thepark site through negotiations with former oleners of the Mills Estate subdivision and stated that the park has never been considered a park for the Uills EEtate but a comrftunity park to accomdate residents making their honEs in the northwesterly section of theCity of Burlingame. PETITTON RE: AN TTA ROAD HAZARD A petition, dated ilanuary 30, 1965, bearing the signatures of ten residentE on the number one to number forty block on Anita Road,proteEting the nuiEance and hazard as the result of the location of a storage lot and a repair shop on Anita Road was read, and referredto the City l{anager for full and complete investigation of all corrplaints cited. CI,AIMS warrants for the Uonth of February, 1965, Nos. 3490-3663, in thetotal amount of $77,452.49, duly audited, were approved for payment on motion of CouncilnEn Crosby, seconded try Councilman George and unanimous Iy carried. PAYROLL WARRANIIS Payroll warrants, uonth of January, 1965, Nos. 1575-2052, in thetotal amount of $112, LA4-78, were approved on motion of Councilman Crosby, seconded by Councilman ceorge and unanimously carried- 762 .,GENERAL PI,AN" CTIY OF BURLINGA.I.{E The City Planner submj.tted copies of a letter fron william Spangle & Associates, pertaining to a proposal for the development of a "ceneral Plan" for the City of Burlingame and suggested that thesubject be considered at a Council study meeting. Council concurred and the City Manager r{as requested to place the item on the Study Heeting Agenda. The City Planner advised that the above program iE one of a typein which the city may receive Federal assistance and recomrrendedthat Council review the contents to determine whether an applica-tion shou Id be processed. ..ABAG" MEETTNG Mayor l{artin announced his intention to attend a meeting of "ABAG"Eriday. February 26, L965, at the Hotel Claremont in Berkeley,and invited menbers of Council to attend if they so desired. ADJOT'RNMENT T'he meeting was regnrlarly adjourned at lO:20 p.m., in memory ofMrs. ir. Hart Clinton, wife of San Uateo Times Editor-publisher, who recently passed in death. lfhe City Clerk was requeEted to forward an appropriate notice to !,!r . Clinton. Respectfully submitted, ----'cz<.&a9c44&'6--IIERBERT t(. I,IHImCity Clerk APPROVED: /. R.D. IIIARTIN Mayor