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HomeMy WebLinkAboutMin - CC - 1965.09.28286 Burlingane, California Septenber 28, 1965 CAIJL TO ORDER A regularly adj ourned ueeting of the Burlingane City Couneil, fron its regular meeting of Septenber 2O, 1965, was held on the above given date . lteeting calIed to order at 8 : OO p. rn. , - Ittayor crosby in the Chair. At word from the Chair, a1l in the Council Chanber aroae and gave the Pledge of Allegiance to the Flag. ROLL CALL Present - Councilmen; Absent - Councilmen: CroEby-Diederictrsen-George-JohnBon-ltart in. llone. ,.EARTH EAT'LING " APPLICATION Itayor Crosby announced that the ueeting had been scheduled to give further conaideration to an application to haul dirt along Trousdale Drive, filect by the cuy F. Atkinson Company. Adviaing that a public hearing had beeo eloaed at a tneetilg of Couocil, September 14, Ittayor Crosby stated tiat Council would recogTnize a repreaentative of the tlille Estate Association and other intereetedpartie8 who may wiah to preaent additional evidence to aupport obj ections to the issue. Itlr. Don Teixeira, President, trtills Estate Ilrprovement Association, stated his intention to srmtarize the position of his Association andto introduce thro meEbera to coment on strrecifLc phases concerning tbedirt haul. ing operation. Ittr. Teixeira suggeEted, upon a deter:mi.nation that there ie no recouraebut to approve the dirt hauling peroit, that Council take meaaures to reduce the opera tional hazarda to a rninirnum by regulating tle nunberof truck [oveEents and the guantity of earth to be reEoved and to maintain strict control to reduce "dirt spillage" to a minimun. In summarizing the objectionable features presented \l his Association, Ittr. Teixeira included: (I) the nuisance to the "one mile of homes bordering Trousdale Drive"; (2) the safety to human lives; (3) thetraffic lrazards i (4) the decrease in property valuatione; and (5) the soiJ. danage to hmes. continuing, llr. Teixeira atated that crystal Springs Road in san llateo previously refered to a6 an alternate route, aI though alightly Ionger in distance than trouadale Drive to the duuping aite, would be less hazardous to life and property, that the thirty percent of the fill estisated to be hauled through Burlingame, trith ite incunbent hazards and nuieances, cannot be compared with the aeventy percent proposed to be hauled elser*trere through less populated areaai that it is estimated that thirty thousand round trips will be made before the project shall be c@pIeted. Add ing to hig statenenta, ltr. Teixeira advised that word has been received that after the firet of the year, an additional one-half nillion cubic yards of earth is to be reDoved southerly frm the project gite; if Trousdale Drlve continuea to be selected aa a "dirt hauling route ' it will be converted into a "noisy, dirty, and gri-Bey boulevard " and Council ras urged therefor, to "reduce and elirninate this hauling in every way posaible " and if "trucke must roll. that gtrict traffic controle be placed into effect and strictly enforced . ' PI.,SDGE OT ALLEGIN{CE 287 In conclueion, lilr. feixeira urged tiat imediate meaaures be takeato forestall a recurrence of a sinilar circumstance by enacting legis-lation to prevent the uuisance within the city li-uit8 and that aaattenpt be nade to provide an appropriate route to acconodate haulsto the Bay in the future, possibly by rvay of }gth Avenue, or by the State designating a regular hauling route. llr. vrillian Kaplan, 27O1 Argruello Drive, introduced ry !tr. Teixeira, apoke in c ons j.deraJrle detail on his reeearcjh into the atatutes and wherein he found that the "moat comron way used by cities is the enforcement of a 'weight coDtrol' ordi-nance" to protect atreetE againsthauls'; that his research disclosed that a "reasonable alternate route' nuat be desigmated when there are prohibitive areasi that Sections 23U2 and 23LL4 of the l,totor Vehicle Code aets forth meaaures that nay be imposed "in the best interest of the City." }{r. Kaplan also referred to cryatal Springs Road aa a "reasonaJrlealtemate route" suggesting further that dirt proposed to be deposited at the San ltateo Bridge approadr be hauled via this route. Hr. Kaplan urgd that a "valid weight control ordinance" be effectuated. !trs. lierrill Robert8, 2973 Arguello Boulevard, was next introduced by t!tr. Teixeira to speak in behalf of the ltills Estate housewivee. !trs. Roberts spoke of the concern for the safety of children, stating that if 'we nuat have tru<ik rigs" that every effort be expeDded to insure safety precautions. I{rB. Roberts presented the follosing recomendations: I 2 3 4 5 tlat a tventy-five nile per hour speed 1i-nit be establighedi Ihat four tuo{ay stop signs be erected on }lartinez Drive, CaBtenada Drive, Sebastian Drive and on Eunt Drive; lrhat traffic lanee be painted on Trousdale Drive; That adult crossing guards be stationed at the Franklin School; and Ithat the foregoing be strictly enforced by the Police Department. ltayor Crosby introduced l,lr. sherrod s. Davis, Attorney, rePresenting the law firn of filson, alones, llorton and Lynctr, engaged \r Council to render a }egal opinion witb respect to the position of the City and the proposed earth hauling operation. llr. Davis adviged that his research, i.ndependent fro that of the City Attorney, conf itmed, hot ever, the opinion of the city Attorney that the application "would not be covered by the ordinance (dirt hauling) not yet in effect, * therefore, the 'plea is a little late for this application.' Some discugsion aroee on lt!. Robert Gilleapy's !-nquiry (2995 trousdale Drive) concerniDg rhether the applicant nay be cited for violation of safety precautiona. llr. Luttrer lt. Carr, Attorney, repreaenting the aPPl icant, to clarify the poirt, stated that in his opinion, a truck, without Proper safety equipment and a jeopardy to life and property, could be stopped from operating without delaying the entire dirt hau1. l,tayor Crosbtr, referring to his notea taken at a prior meeting on the eubject, noted that the majority of the recoEoendations submitted by r8. Roberts previously had been agreed upon lry the apPlicant. EnEnerating a1so. the points raiged by Council, liayor Cro 6by questioned t hether it was the understanding of the applicant that sp€cific recoEnendations were to be included as "conditions' to the permit. 288 t{r. Arthur Brown, Attorney, also repreaenting the agplicant, replied affirmatively, advising that there was a change, horirever, in the 'hours of haul"; that to petmit some 'flexibility' and to eli.minate early norning traffic congeetions, it was proposed to haul between the houra of 8:0O a.m., and 4:O0 p.m. Ihe Chai.r's reference to the condition requiring tl.e placernent of a flagrman on skyline and Trougdale Drive, initiated eome diecussion on the placement of a flagrnan near the El canino Real-frouadale Drive intersection. Police Traffic Director Eintemann explained the signal system intervals on El Camino ReaI, regulated by the State Division of Eighways ard stated that the trucks can proceed only on the "green"light and in hiE opinion, a flagman at this partieular intereection nould serve little purpose. The Chair referred to Council for eomentB. Councilman arohnson spoke of her cognizance and concern of the "dirt hauling problem, " the knowledge also that legally a dirt haulingpemit cannot be denied, but conditions can be inposed to provide safeguards and that the City is negotiating with a reputable firm. Councilman Johnson referred to the nunerous com-unicatione received personally and by Council ae a who1e, eomenting on aome of the issuee raiged and concluding her coments, stated that Council shalt negotiate to serve the best interesta of the !{ills Estate residente,that she favored all of the recmendationa presented by l.lrs. Robert s and urged that 'a11 work togrether. " Counciluan George spoke also of his concern for the aafety of children and c@ented on the City'a responsibility in relation to progresst that the City CouDcil, representing 27.050 citizens of Burlingale ehal1 negotiate lrith the contractor to ineure the utmost eafety precautions . In reply to Councilman George's inquiriee concerning ltillbrae Avenueor llurcjh ison Drive as poasible alternatea to return truciks to theproject site, !l!. Carr adviaed that vrord received from the City oftiillbrae indicates that fiillbrae Avenue llould not be rnade availablein view of dirt hauls proposed in connection $rith the constructionof a nev school site withia its city lioits and that liurchison Drive, because of its narrow r*idth, r*ould be an unsafe routei thatin his opinion, 'the only safe street is Trouedale Driver it is a thoroughfare eighty-four feet in width and the visibillty is good.' llr. Brown, confiruing Dlr. Carrra statements, added that the contractoris definite in his opinion that trousdale Drive, is the "aafest" route. Councilman ceorge advised of hie receipt of a metuo fron the City llanager of the City of San Bruno, the latter city bearing tbe "bruntof hauli-ng operationa,' wherein it was noted that during one year, s ixty thousand trucks were involved in dirt bauling, with only one major and one minor accident cited, an extre[ely lorrr ratio in relation to the number of other traffic accidents occuning, illus- trating a point that strict control minimizes the hazards. fo CouncilDan ceorge's lnquiry concerning tbe use of cry8tal Springs Road aa a route to haul that portion of the fill to be deposited at the San Uateo Bridge approadr, llr. Brown advieed that the truckers are of the opinion that this route ia considerably nole dangelous than lrousdale Drive. 289 councilman Diedericlrsen, spealcing on the progreaa and develotnent ofa co@unity and its reaultant "nuigances' stated that fr{ his peraonal obaervation tiere is a coatinual flow of trud(a hauling dirt thelength of the County on conatruction projects. Councilman Diedericheen alEo expressed hig concern for the safety ofchildren and the hazards to be experienced, stating that in his opinion,Council can successfully negotiate with the contractor and that thelatter "realizing the problen, muat help the city in hia operation. " Councilman uartin, for purposee of clarification, referred to eeveralof the conditiong under cons ideration: 1. Sweeping of Streetss u!. Carr adviaed that the atreet ehall be kept clean and if deterained by thc Chief of Police that additional sweepi-nga are trecessary, the applicant ehall conplyr 2. Return hauls through ltillbrae: l{r. Carr advised that a letter is before the City Council of the City of lt{il1brae, but because of procedural requirements, a decision would be rendered too late to meet the contract deadline; 3. Crystal Springs Road alternate route 3 councilman llartin on this point, stated that he has received information that CryEtal Spriags Road ie claasified as a state Eighway route, from the Sl.]7I ine to ttillE Eospital ard through inveetigation, }ras further learned that trucjks are currently using Ctystal Springa Road aB alternate hauling routes. Councilnao ltartin, in focusing attention to this point, expressed his @ncern on the "i.uterval8 in the retufir of trucks to the project site" and recomended that the 19O,OOO yards of fiU to be deposited at the san l!{ateo Bridge approac}r be routed through crystal Springa Road in San llateo. Iitr. Brorrn announced that follorring a brief consultation with Hr. Robert F. Atkinson (in attendance) the applicant rae willing to route trucks returning empty frdr the bridge site tbrough crystal springs Road. Councilman l{art in suggested to l.lr. Brq,en, that because of the difficulty in naking "Ieft-hand turns" fron the EI Car0ino Real to Crystal Spri.ngs Road, the appl icaat nay wish to alternate ilre operating procedure by hauling the fill from the project site to the bridge approach through the CtyBtaI Springs route. To a further suggestion by Councilnan [artin, that a flagnan be placed in the area of the EI canino Real and llrousdale Drl.ve intersection to control truckE returning to tlre project, t{r. Brosm advised that he would prefer to eonsider this point with !tr, Atlcinson. RECESS A receas wae declared by the Chair at 10:2O p.m. CN,L TO ORDER ilhe meeting was called to order by the Chair at 10:40 p.m. DIRT IIAT'LING (Continued) A letter was read fron the Chief of Police, in reply to a previous 290 1 Council request, recommending the installation of stoP signs at the intersectiona of sebastian Drive-Trousdale Drive and t{artinez Drive- Trouadale Drive, oa a te!trporary basis until the conclusion of the dirt hauling operation. conditions set forth and discussed at prior meetings t ere again referred to and resolved as followE: Porrer Syreeper to maintain streets in a clean conditioo; the Chief of Police empswerd to order additional sweepings at his discretion; concurred in \l applicant; 1l\ro croasing gruarde to be stationed at the Lincoln Blementary school on sebastian Drive and Trouedale Drive; concurred ln by appl icant ; ?rrstriping" of Trousdale Drive to create four lanes with cogt to be borne \r applicanti concurred in \z applicant; 4. Delivery of fill only to the thro areas desigmated: i.e., Bayshore area of Burlingame intergecting with ltillbrae Avenue and the San l{ateo Bridge approach; concurred in by applicant; 5 Passing of trucks to be prohibited; concurred in by applicant; 5. An adequate truck headway control \l applicant; to be naintained; concurred in 7. Eauling between the hours frm 8:OO a.n., and 4:0O p.n., (anended to peruit flexibility of truck movenent) and hauling operations to cease during rainy periodsi concurred in by applicant; 2 9. A two-minute ti.me interval between trud< bauling travel; concurred in \z applicant; lO. llhe placement of a flagman at the Skyline and Trousdale Drive intersection i concured in by applicant; Additional conditions discussed on ttris occasion, rrere set forth as follows: 11. fhat Crystal Springs Road in the City of San ltateo be establistled aa an alternate route to either convey (I) trucks hauling fill fr@ the project site to the san llateo Bridge approach or (2) trucl<g returning eDpty frm the San ltateo Bridge approach to the project site; concurred in by applicant; 12. lrhat a flagman be placed in the vicinity of the El. Camino Real- TrouEdale Drive intersection to control spacing of trucks returning to the project site, if conditions appear to so rrarranti concurred in by applicant. An addendum to tJre forego ing included that conditions as outliled in Ordinance No. 827 shall also apply to tbe operation of dirt hauling. Following a discussion in which Council conqurred lation to in6ta11 stop sigms at the intersectionE ard Sebastian Drive, Trousdale Drive and ltartinez Drive and castenada Drive, llayor crosby requeEted the Council. to enact legis- of Trouadale Drive Drive, lrouadale the pleacure of 8. Safety features to be strictly compl ied with a8 set forth in provisions of the llotor Vehicle Code; concurred in by applicant. 291 Councilman trtart in mved that the application of the cuy p. Athinsol Company for a permit to haul dj-rt be approved, subject to all of the conditions get forth \r Council and made a part of the record. the motion uas seconded by Councilman George and unan imously carried. CONSITTTATIONS RE: DIRT EATLMG OPERATIONS Councilraan llartin rec@ended, with Council concurring, that the City t{anager be requested to cromunicate with the citie8 of south San Francisco, San Bruno, ltillbrae and San llateo, suggesting the eelection of a representative to Eeet with a represeDtative frou the city of Burliugame to coafer on "dirt hauling operations " in an effort to formulate a uniforn polic1,. COMII{T'NICATIONS UOTION APPROVAI" PROGRESS REPORT WATER POIiLUTION A nemo was acjknorrrLedged fron the City l{anager, dated Septenber 27, L965, suhitting a progrea8 report to be transmitted to the water Pollution control Board by october 1, 1965, as required by that Agencyr s ResoLuti.on No. 7O1, and recmnend ing that a mot ion be adopted by Council approving the progress report. A [otion was introduced t]rereafter by counc ilman l,iartin, seconded by CounciLuan ceorge and unaninously carried that the water Pollution control Board be notified of Council's approval to the progreas report. RESOLUTIONS RESOLUTION tO. 106-65 "Providi ng for Intersection stop8 for Vehicles Traveling on Trousdale Drive" (effective Oct. 1, 1965) wae introduced for passage on not ion of councilnan ilohnson, seconded by councilman George and unaainously adopted upon RoIl call vote. STUD.:T HEETIIIG ITEIT{ |fhe City t{anager waa requested by the Chair to place the subject of a "weight control Ordinance" oD the next Courcil study meeting agenda. ADJOURNUE}IT lftre neeting waa regularly adj ourned at 11:25 p.n. Respectf ully eubnitted, EERBERT K. WHITE, CItr CTJERI( 'L)ilA.,"-.+ L@L 1. APPROVED: