HomeMy WebLinkAboutMin - CC - 1966.05.16393
Burlingame, California
nay 16, 1966
A regular meeting of the Burlingame City CounciL was held on the abovedate. It{eeting ca}led to order at 8:00 p.m., - uayor George in the Chair.
At word from the Chair, all in the Council Charnber arose and gave the
Pledge of Allegiance to the FIag.
Present - Councilmen:
Absent - Councilmen:
Crosby-Diederichsen-George-Johnson-uart in.
None.
UINUTES
The minutes of the regular neeting of lrlay 2, L966, submitted to Council
previously, were approved and adopted.
BIDS: PARKING IOTS B AIID Il
CI'ERNAVACA PARK
contracEors' bidg received for the development of Parking Ipts B and H
in the Burlingame Avenue Parking District and for improvements on
Cuernavaca Park, in conformance with publ ished notice, and opened at
10:30 a.n., on this date, r,rcre declared as follows:
BIDDER I'TSB&H
sch. I)
$3s,516.80
34, 288.93
34,477 .49
35, 997 . ls
3s, 754. 30
37 ,364.30
36,703.40
39, 541 . s0
39,885.70
CUERNAVACA PARK
sch .II)
929, 015.95
30,231.45
29,O94.75
25,976.3A
3I , 18I .00
37 ,LL2.90
No bid
30, 941 . OO
(
Lowrie Paving Co.
Kunz Paving Co.
B. Fontana & Sons
Fay Improvenent Co.
o. C. Jones
l{ln. R. Armstrong
F. D. Sperry Co.
f isk, Firenze, lrlcLean
Engineer' s gsti"[ate:
A verification of the bids sutEoitted, and a recorsnendation fron the
City Engineer, concurred in by the City Manager, under date of tlay 12,
was acknowledged by Council and legislation tal(en thereafter awarded
contracts to the lowest responsi.ble bidders.
1966,
RESOLUTION NO. 30-66 "Awardin g Contract, BurI ingame Avenue Area Off-street
Parking District, Lots B and H - aIob No. 65-30" to the Kunz Paving co.,
in the surn of $34,288.93, sa3 introduced by Councilman ifohnson uiho moved
its passage, seconded by @uncilman Crosby and unanimously adopted upon
RoIl Call.
HEARINGS
TENTATIVE IIAP !{ILLS ESTATE NO. 27 (continued )
I{ayor George announced the continuance from the last regular meeting of
Ittay 2, 1966, of the hearing on an action of the Planning conunission in
CALL TO ORDER
PLSDGE OF ALLEGIAIICE
ROLL CAI,L
RESOLUrION NO. 3I-65 "Arrarding contract For Cuernavaca Park Development
and Parking Area - ilob No. 65-41" to the Fay Improvement company in
the sum of $25,976.3A, was introduced for passage on motion of Councilman
Johnson, seconded by Councilman Diederichsen and unaninously adopted upon
Rou Cau.
rejecting a Tentative litap of Ui1ls Estate No. 27, as appealed by the
Frarn-Smook-Gard Corporation, orrners of the subject property.
fhe Chair acknowledged receipt of a new Tentative l.{ap prepared and
submitted by Wilsey, Ham & Blair, project engineers and conrmunications
from the folloing interested persons!
B. carl Snyder, 1881 El camino Real , Burling.rme, (orrner of Iot 6,
Block 34, Uills Estate No. 11) dated Uay 15, 1966, protesti.ng the
proposed development of fourteen lots as an invasion of the privacy
of his property, adding more noise in general and creating a darkprivate street conducive to unfavorable conditions;
Virginia Stewart, Susan S. and A. H. Bournizeau, 2739 Irlartinez Drive,
dated ltay 9, L966, requeating the proposed road be maintained a8level as Granada Drive. that restrictions against trro story h@eain the area be complied with and suggesting that grading in the area
may create further sliding;
l,!16. Marie Teixeira, 160I Granada Drive, dated May lI, 1965, expreas-
ing concern with (1) traffic and public safetyr (2) soil conditions
and drainage, (3) conformance with the existing developed residential
area; and (4) the preservation of the City's Canyon Park.
Dr. A. if. Franzi, the appellant, stated that the proposed property
lay-out is still in the tentative stagea, soil studies will. be made
upon approval of the Tentative !tap, and thereafter referred Councilto lrtr. Jame a s. schupp, engineer.
tttr. Schupp directed attention to a chart outlining "pertinent facts
and compensating factors" and exhibits posted, explai.ning that the
development propoaes (1) three dwelling lots per acre; (2) a land-
scaping scheme prepared by a licensed landscaping engineert and (3) a
green belt area of portions of Lots I and 14, to be included withina "maintenance district" comprising alI property owners within the
area; additional exhi.bits, a map prepared by Wilsey, Eam & Blair in
1956, indicated the relationship of tlills Estate properties to the
present plan; and a drawing to illustrate the "typical section
shovring vertical differences" between the proposed dwellings and
Lots 14, 15, 16, 1?, 18 and 19, Block 34, I,{ill6 Estate No. 11 rdas
explained, together with the property slopage.
l,!r. Schupp stated that a recent lot survey reveaLed that the slopes in
the area are not planted, the existing retaining walls are overburdening
the slopes and garden cuttings deposits are destroying the littleplant life i.n evidence.
l,tr. Williatn Kap1an, 27Ol Arguello Drive. and President, f,tiIls Estate
Home Owners' Association, acknorledging some of the conditions agreed
to by the developer since the previous hearing, stated that there were
apecific items of concern: (1) the overdevelopnent of the property
and the incompatibility of the proposed lots in relation to existing lots.
Ouoting from sections of the code reith reference to "cttaracter of the
neighborhood " requirements, I{r. Kaplan pointed out tttFt the proposed
lots are narro\reri construction pade will not be lev{ lot frontages
are considerably less; lot sizes in the adjacent areae approxinate
8,5OO square feet or more, constructed on level pads; and, citing an
example of a purchase price of a view lot in Uills Estate Block No. 32,
comparable to one proposed in the new development, Etated that it is
generally agreed that a reduction in the number of lots rrould not
create a "serious financial hardship. "
Irlr . Kaplan further cormented on the length of the cul-de-sae, stating
that variance conditions cannot be met, in that the construction as
proposed ia detrimental I'to public health, safety and r'relfare. "
394
395
In conclusion, llr. Kaplan suggested that a bond be posted to protect
the residents hihose propertiea "bacl( into the properties to be cut";
that electroliers be placed on the opposite side of the Btreet than
proposed and that an adequate drainage syatem be installed to alLeviate
soil erosion.
Iitr. llhonaa Z. Irtarshal l , 27LS llartinez Drive, !tr. He!:man Fitzgerald,
2648 Trousdale Drive, llr. John Chaney, 2827 Argarello Drive, spoke
individuaLly of their concern on (l) the type of Landscaping proposed;
(2) "burdening" of the proposed construction upon the valuation of
Nills Estate properties generally, and (3) requested that bonds to pro-
tect the land and property, with respect to aoil elippage, be inposed
as deed restrictiona.
In rebuttal to issues raiaed, Dr. Pranzi Btated that the lot sizes,
three per acre, would be in character with the area, and a slope-home
can be rrell planned; the cul-de-sac provides a "rrider traffic Plan" than
City requirenents i a reputable soil engineer shall be employed and work
perfomed to Eeet City specifications; street electroliers will be
relocatedi landscaping ghall include a proper ground cover.
Folloring a series of questions and answerg on issues of density, main-
tenance of the planted area by City forces and deed restrictions guar.rn-
teeing property protection, the Chair declared a receas at 9:30 p.n.
CALL TO ORDER
fhe meeting was called to order by the chair at 9:40 p.n.
TENTATIVE IIAP I{ILLS ESTATE NO. 27 CONtiNUCd.
llayor ceorge declared the hearing on the lentative ltaP uills E8tate
No. 27 closed; a poll of Council, thereafter, included questioning of
city staff menbers on matters of concern.
At the c-onclusion of Council cdunenta, suggeations by Councilman llartin
to impose specific conditions, subject to approval of the map, rrere
considered by Council at aone length.
A coopronised list of conditions, approved by council najority and agreed
to by the developer, were declared aB follows:
Electroliers to be relocated to the north aide of the propo8ed streett
Deed reEtrictiong to be attached to the property, as follows:
a. A1I covenanta ernbodied rrithin adjoining l.tills Estate properties
be included.
b. fhat the higheet part of any roof ehall be less than eighteen feet
above the average curb grade aa determined by averaging curb grade
at the intersection at curb line with projection of, eide property
Iines. Restricted \r delineation on map.
c. An agreeEent bet\reen orrnera of Lots 1 and 14 with adjoining property
owners to provide Uills Estate owners with landscape control .
A ten foot right-of-way with f,our foot concrete aidewalks be dedicated
to the City as fee owners for an acceaa to the canyon area,
Ihat the grade be lonered three feet at the intersectiont
construction of a retaining wall, if detemined necesaary,
Incluaion of a street inprovement bond affecting the slopes of the
property.
A Eotion $ra6 thereafter introduced by Councilman }lartin that the tentative
map be approved, upon the conditions stated and with the additional require-
ment that the nurnber of lots be reduced to a Eaximum of ten. llhe motion
t aa seconded by councilman cro8by ard a ltoll call vote recorded as follows:
Ayes s Councilmen : Crosby-Diederichaen-George-Itlartin.
Noea: councilmen: John6on.
I
2
3
4
5
6
396
RECESS
A recess lras declared by the Chair at 1I:30 p.m.
CAIN TO ORDER
lfhe meeting was called to order at l1 :40 p.m.
HEARING
JOSEPH ARNAT DO APPEAL RE: VARIANCES 2L2 AIIITA ROAD.
Uayor ceorge announced that a public hearing on an appeal of Joseph
and GIadyE Arnaudo, 1OO4 North Eumboldt Street, San lrlateo, fron the
decision of the Planning Comission in denying their application for
variances to permit a non-conforming three unit apartment buildingto remain on the property at 212 Anita Road, and to permit a second
apartment building to be conatructed on the lot, was scheduled forthis date.
A comrunication from the applicants, dated April 28. 1965, appealing
the decision, referred to a building permit granted in 1949 to relocate
and remode I the exieting building at the rear of the property, statingthat circunstances relating to the building now existing are the
responsibility of the City of Burl ingame. It was tlre applicants'
request that they be permitted the enjoyment of their property right
through approval of the variance request.
John c. Brenn.tn, Attorney, representing the applicanta, in some detaiJ.,
explained the removal of the building to the rear of the lot and sub-
seguent improvements adding a large platform upon which the structure
was placed, with garage space provided beneath the platform.
Itlr. Brennan referred to a plot plan of the existing building, stating
that " from the physical nature of its position" the property remaina
"unfinished"; with the apartment construction proposed, conplying in
every yray with zoning requirements, the oveFall improvements will
enhance the appearance of the neighborhood.
I{r. Leo L. Hil1, one of the protestants, pointed out discrepanciea in
the drawings displayed, statifig that the posted plan was in a reverse
position from the actual building, therefore misleading.
urs. Evelyn Hill, opposing the granting of the variances, stated that
the area conaists of many large, deep lots and that 6ome of the property
drners have suggested that "a variance r,ould open the door for others";
approval, therefore, \dould set an unfavorable precedent; in referringto the zoning code, providing for one residential building on .rny oneIot in an apartrnent district, Mrs. HiIl atated that " financial gain to
an individual i,s not a basis upon which to approve a variance. "
Following a period of rebuttal bethreen the Attorney for the proponents
and the opponenta, the Chair declared the hearing closed.
Communi.cations hrere read from l.{rs. Ellinor L. Armstrong, or^rner of
property at 209 Arundel Road, I.{r. Leo L. and I{16. Evelyn Hill,
215 Arundel Road i and lr!r. Louis E. and l!tr6 . Evellm E. Rinkel ,2I7 Arundel Road, under date of Uay 12, 1966, ownera of propertiea
adjacent to and at the rear of the subject property, requeeting that
the application for variances be denied and setting forth a aeriesof grievances long existent because of the i1legal placement of a
building on the rear property line and clairning that an undesirable
precedent would be established by permitting a second building on a
property currently housing a "non-conforming" buiIding.
Question6 directed by council to the City Planner indicated that the
property, for a congiderable nu ber of years, has been "treated as a
non-conforming use" and that conditions r+herein two buildings nay be
placed on one lot do not apply to the subject property.
In reply to Councilman llartin's inquiry hrhether requirements of tlre
state Housing Act for rear setbacks r.rould apply to the existing structure,
the auilding Inapector advised in the aff imative.
During the brief discussion follorrring, it was the consensus of Council
that approval to the variance requested would " compound the existing
illegal uaage" of the property.
A motion was thereafter introduced by Councilman Diederichsen, seconded
by councilman l{artin that the variance be denied. on the question,
Councilnan Johnson expressed her regret to the applicants that circum-
stances juatified a denial of their request. A Roll call vote eras
thereafter recorded as unanimoua.
I . SCBEDITLE FOR SELERAGE SYSTEI{ II.{PROVEI{ENTS ADOPTED.
A cmunication frm the City lr{:rnager dated l,tay L2, L966, was acknowledged
and Council concurred nl th a recdnmendation that the By-Pass study pre-
pared I John Jenks, consultirg Engineer, be approved and fonrarded to
the water Quality Control Board, along with a ti.me schedule for com-
pleting the recommended corrections and i.Bprovements.
2. RECI,AIIATION DISTRICT REQUEST TO PAVE ACCESS ROAD.
A comnunication frqn the City llanager dated uay L2, L966. subnltted a
reguest fro l{r. David H. Keyston, Preaident, Reclamation District No. 2097,
to pave the access road to the west end of the District in order to haul
fill. The conuaunication recomended granting a revocable permit subject
to certain conditions.
Folltring a brief period of discugsion with !tr. Clrrus Mcl.{il1an, attorney
for the petitioners, the subject was referred to council study meeting,
June I, 1966.
3. PAIP CORPORATION OFFER PRII{ROSE/BELLEWE PROPERIY.
A comunication froNn the City lr{anager dated }fay L2, 1966, concerning a
lease offer to the city by Palo Corpoation, through Harry Irt. Lehrfeld,for property at Bellevue Avenue and Prinroae Road, was referred to the
study meeting of June 1, 1966.
4. DAIICE PERT,II? APPROVED FOR "THE PIITTER."
A comunication dated Uay 12, 1966, fron the City llanager advised that
the Pire Dep.rtnent has approved the application of Ttre Putter for a
dance pexnit conditional upon Ereir providing proper exits; the Police
Department has indicated approval.
ftre City llanager reported verbally that all of the necessary approvals
have been received, including the San l{ateo County ltealth Department.
On a motion introduced by councilman Crosby, seconded by Councilman
Johnaon, and unanimously approved on RoII Call, the pernit was authorized.
5. BA}INER APPROVED PROCLAIIiIING REALTOR WEEK.
A cqtnunication from the City llanager dated lfay L2, L966, relayed a
request from the San ltateo-Burlingane Board of Realtors to suspend a
banner across Burlingame Avenue proclaiming Realtor Week, l,tay 22-29.
397
COITI}TI,'N I CATIONS
398
Council concurred with the City Manager's recommendation that permis-
sion be granted on condition that the banner is removed by lt{ay 30, L966.
6. ADDITIONAL SCt,It{ SKIM!,TING DEVICES AT TREATME}IT PLANT.
A comnunication from the City [anager dated May 12,
additional skimni.ng devices at the treatment plant,
98,0O0.O0, to remove floating material .
1966, concerned
at a cost of
Following Council connents concerning the over-all plan for enlarging
the plant, and whether the proposed installation would adapt, the
subject was deferred to a future meeting for the City Engineer to consult
with Mr. ilohn afenks .
7. PURCIIASE OF TIIREE POLICE CARS AIIIIIORIZED.
A communication from the City llanager dated lttay L2, L966, reported
bids from Dick Bullis Chevrolet and ilones-Ir{into Company for replacement
of three (3) police cars:
Dick Bu1lis ChevroLet
.rones-Irlinto Ford Sa1eg
Net Total
Net Total
9s,3s4.23
5, 961 . Ol
The City llanager's communication advised that it was the recmmendation
of the Police Chief and his office that the purchase be made from the
lower bidder.
A communication fron the City l{anager dated May L2, L966, advised that
a Resolution was required to accept the deed for the state land abutting
the City's bayfront properties.
RASOLUTION NO. 32-66 "Acce pting Director's Deed (state of california
Acting By and Through Its Director of Public Works) to certain Real
Property" was introduced for passage on motion of Councilman Cro6by,
seconded by Councilman Diederichsen, and unaninously adopted on Roll
call .
9. COI,TPLAINT RECREATION DEPARTUENT FEE.
A communication from the city l{anager dated uay L2, L966, recommending
that a disputed billing submitted by the Recreation Department to the
Shetland sheepdog Club for the use of Recreation center facilities be
referred to the Legal Department was concurred in by Council .
10. RECLASSIFICATION OF JONES-I,TINTO PROPERIY.
A letter frqn the P1anning conflrisaion dated ltay 9, L966, advising that
following a public hearing on the application of Jones-I{into Company
to reclassify a property at the southeast corner of Bayswater and
Highland Avenues frqn B-4 to c-2, the conmission voted to recommend
to Council that the property be reclassified, was acknowledged and the
matter set for hearing before council Monday, arune 6. 1966, 8:O0 p.n.
11. REO UEST TO CIOSE A SECTION OF BURI,INGAUE AVENUE APPROVED.
A letter from the D@mtor^m BurI ingane l{erchants Aasociation, dated
uay 6, 1966, signed by Charles E. Gfroerer, Chairman, requeated per-
mission to close Burlingame Avenue, from torton Avenue to Park Road,
Saturday, ilune 4, 1966, from 6:3O a.m., to apProximately 4:30 p.m.,
"the same as last year" to permit a pronotional program.
Council concurred unanj.mously.
8. DEED ACCEPTED 10.207 ACRE STATE PARCEI..
399
councilman Johnson moved that permiesion be granted according to the
conditions outlined, eeconded by Councilman croeby, and carried
unaninously.
12. r IRE DEPARTI{ENT COUUETTDAT ION .
A letter dated uay 10, 1966, was acknowledged from Mr. A- L. visco,
810 Edgehill Drive, comtending Fire Chief Reginald E. ltoorby and Fire
Department personnel for services rendered during a recent emergensy.
13. MONTARA-MO SS BEACH II,IPROVEIITENT ASSOCIATION COMMT'NICAT ION.
A letter from the llontara-!{oaa Beach ImProvement Asaociation, dated
Ir{ay 2, 1966, signed by Knute E. Kleinen, President, concerning waate
disposal problems in san llateo county, and enclosing a coPy of a letter
aent by the Association to the Chairman of the Regional Planning cornittee,
San lllateo County, wae acknowledged.
RESOLUTTON NO. 33-66 "A Resolution Authorizin g Execution of Agreement
For Sale, Uaintenance and Operation of Electrical Facilitie6 and for
conveyance lltrereof Bayside Improvement District No. 3" was introduced
for passage on motion of Councilman !{artin, seconded by Councilnan
Johnson and unani.mously adopted on RoIl Cal1 .
RESOLImIOI NO. 34-66 "Authorizin g D(ecution and Delivery of crant of
Ea6ement for Ingress atrd Egress to Andrew A. Baracco and Veronica R.
Baracco, his wife" was introduced for passage on motion of Councilman
Johnson, geconded by councilnan Diederichsen, and adopted unanimously
on Roll CalI.
RESOLUTION NO. 35-66 "Authorizi ng Execution and Delivery of crant of
Easement for Ingress and Egress to Frank C. Iiller and Ann l,[. ]tiller,
his Wife" was introduced for passage on motion of Councilman Crosby,
seconded by councilman Diederichsen, and adopted unanirnously on Ro1l call.
RESOLUTIOI{ NO. 36-66 "Authoriz ing D<ecution and Delivery of crant of
Easement for Ingress and Egreas to Donato N. Rossi and Lori G. Roasi,his Wife" was introduced for paasage on motion of CouncilEan Diederichsen,
seconded by Councilman Crosby, and adopted unanimously on Rol1 Call.
RESOLUTION NO. 3?-66 "Authorizin g D(ecution and Delivery of crant of
EaseDent for Ingress and Egresa to Norman P. Rief and Irma P. Rief,
hie Wife" qras introduced for passage on motion of Councilroan Martin,
seconded by Councilnan Crosby, and adopted unanimously on RoIl Call.
RESOLUTION NO. 38-66 "Authorizin g Execution and Delivery of crant of
ORDINANCE NO. 84O "Adopting by Reference Unifotm Plumbing Code, 1964
Edition With Arnendnents, and Amending Chapter 18.12 of the Uunicipal
Code of ftre City of Burlingame and Establishing Rules, Regulations and
Standards for the Installation of Plumbing Fixtures and Appliances "
was introduced for first reading by Councilman Johnson, and Uonday,
June 6, 1966, 8:00 p.m., scheduled as the ti.me for public hearing.
I,'NFINI SHED BUSINESS
].. WEIGHT LIUITATION ON TRUCKS.
Councilman ltartin requeated that the City Attorney prepare andfor Council consideration at the study meeting of June l, 1966,
ordinance regulating qreight limitations on trucks.
sub[rit
an
RESOLUTIONS
Easenent for Ingress and Egress to crant Lee and cladys Lee, hie Wife"
was introduced for passage on motion of councilman Johnaon, seconded
by Councilman Diederichsen, and adopted unanimously on Roll CalI.
ORDINAI{ICES Introduction:
400
2. CIIY DT'UP
rn repry to councilman Diederichsen, the city Engineer advieed that thearea Dot^, being used for trash disposar should be adequate for anotheryear.
3. NEW SIGN AT EL CAII{INO REAL AIID PEN INST'LA AVENUE
Councilman Crosby reported that the new illuminated sign at the El
Carnino Real, Park Road, peninsula Avenue site does not include a apacefor service club display.
:Ihe City llanager agreed to investigate aE this was part of thecontractor's agreement.
4 . ORDINAIICE RE : " A!{II!{AL VIOLATION CITATIONS "
Councilman Johnson referred to a request frm the peninsula Humane Society
regarding the City's adoption of an oldinarce peroitting humane officersto issue citations for animal violations. with Council concurrence, ttre
subject was referred to the City Attorney to prepare material for the
study neeting of June 1, 1966.
NEfi BUSINESS
1. @T'NIY-WIDE ORDINA}ICE - POLI?ICAL SIGNS.
Councilman ilohnson's suggestion that a letter be sent to the San l.Iateo
County Board of Supervisors advising of the City's interest in a studyin progress on a County-wide sign ordinance regulating political signs,
was endorged by Council.
l{ayor ceorge, with unanimous confirmation by Council, announced
reappointment of l.{r. alohn .r. Brauner, 1434 Colurubua Avenue, and
l,tr . Frank Cistulli , 1644 Lassen way, to the Planning Comission .
Mayor George announced appointment of CouncilDan crosby as council
liaison to the Dornt@n llerchants cotrmittee.
councilman Johnson was appointed Burlingane's representative on the
North county council of Cities comoittee to study the election of
supervisors on a district basis.
4. ACKNOhILEDGI,IENTS
Uayor ceorge acknowledged receipt of the monthly reports from tlre
Police and Fire DepartmentE and minutes of the Parking Counission and
the Health, safety and Traffic comrnission.
warrants, Month of uay, 1965, Nos. 5227-6398, in the total amount of
$110,918.18, duly audited, were approved for palment on motion of
Councilman crosby, seconded by councilman alohnson and unaninously
carried.
Payroll \rarrants, month of April, 1956, Nos. 8875-9355, in the total
anount of $121,829.29, were approved on motion of Councilman Crosby,
seconded by Councilman lrlartin and unanimously carried.
2. COMMISSION RE-APPOINTIi{E}ITS
3 . COI'NCIL APPOINTIiENTS
CLAIMS
PAYROLL
40t I
ADJOURNI{ENT
fhe meeting was regularly adjourned at 1:40 a.m., to ThurBday, l{,ay 26,
1966, at 8:00 p.rn., on motion of Councilnan Martin, seconded by
councilman Cro Eby and unani.mously carried.
Respectfully submitted,
HERBERT K. WHITE, CITY CTJERK
APPROVED:
EDWARD D.
^2'h