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HomeMy WebLinkAboutMin - CC - 1964.08.03Burlingame, California August 3, L964 A regular meeting of the Burlingame City Council was held on the above given date. Ueeting called to order at 8:05 p.m., Mayor Uartin in the Chair. PLEDGE OF AI,LEGIANCE At hrord from the Chair, all in the Council Chamber arose the Pledge of Allegiance to the F1ag. and gave ROII., CALL Present - Absent Councilmen: Councilmen : Crosby-Diederichsen-George-alohnson-trlart in. None I{INUTES The rninute s previously, of the meeting of iluly 20, L964, subnritted to Council were unanimously approved and adopted. ATiINOITNCEIvIENTS - ACKNOWLEDGI.{EMtS Uayor Martin announced and acknowledged receipt by Council of the fol lowing: 1. Uinutes of the Parking Conmission and the Planning Conrnission. 2. Notification of the Park Department employees' award of five first prizes, three second prizes and one third prize, as well as the "Sweepstakes" Horticultural Award at the current 3oth Annual County Fair and Floral Fiesta. :Itre city lilanager was requested to comend the Superintendent of Parks and his department on behalf of the City Council. 3. A letter from the City of San Bruno's 5oth Anniversary Celebration Committee, requesting the City of Burlingame to participate in the celebration by providing a float in a parade schedul-ed Sunday. September L3, L964, and inviting Council and City Officials to be guests in the reviewing stand. The City !{anager was requested to ascertaj"n the nunber of officials desiring to be present and to refer the matter of a float to the Chamber of Conmerce and to the City' s Park Department i 4. A corununication from the Office of the Uayor, City of Daly City, expressing appreciation for the manner in which the City's police officers conducted thernselves at the recent Republican Convention held at the Cow Palace in Daly City. Irlayor lrlart in personally comended the San Mateo County Sheriff's Office, the Police Departments of the City of Daly City and San Francisco, for the outstanding coordination of police services during the Convention. 5 The presence of Urs. Elinor Rusch, recently appointed to as a menber of the Burlingame E1ementary School District serve Board; and 6. A colomunication from the Burlingame Civil Service Employees' Association expressing appreciation to Council for the recent wage increases granted to the City employees. 54 CALL TO ORDER ;) i) HEARINGS 1. FRANK D. OI SULIIVAII FENCE HEIGHT VARIAIiICE Itlayor lilartin announced that thi s was the time and place scheduled by Council to conduct a public hearing on an appeal from a negative action taken trlr the Burlingame Planning Conmission, iIuly l-3, 1964, in denying a variance to construct a fence exceeding height regula- tions, submitted by the applicant, Ir1r. Frank D. O'Sullivan, 1392 Vancouver Avenue . The Chair referred to the City Planner, who stated that the subject property is located on the southeast corner of Vancouver Avenue and Hillside Drive and was recently purchased by the applicant; this area of llillside Drive has a steep grade and the fence proposed to be erected along the sideline of the property exceeds the six foot height li-nitation. fhe City Planner advised that the fence installation was cornrnenced without a building permit; Mrs. O'Sullivan had purchased redwood posts, twelve feet in height and had them placed in concrete before the project was stopped by the Building Inspector and the matter tlterefor came before the Planning Comrrission on the basis of a variance request to exceed the height ljmitation; that at the hearing, the applicant stated that a six foot fence would not serve to conceal the rear yard from the street because of the contour of the land which rises above the sidewalk; the hearing was continued to allow the applicant to submit a nev, set of drawings; the revised drawings indicated an insufficient reduction in height and the Commission thereafter voted to deny the variance. The city Planner stated that in his opinion, an area of compromise exists and that he may have a suggestion mutually satisfactory to all . Itr. Frank O'Sullivaq invited by the Chair to comment, confirnred the statements of the City Planner and stated at the continued meeting of the Planning Commission, plans were submitted to indicate a fence that would create a " stepped down" appearance and because of the slope of the sidewalk, a seven foot, six inch to a six foot, four inch fence height was proposed. Irtr. O'Sullivan referred to a letter to Council, dated July L9, L964, from Mt. Peter Sargenti, 2021 Hillside Drive, oh,ner of property adjacent to the subject property, withdrawing his original objection and approving the currently suggested maxj.roum fence height of seven feet six inches. !{r. o'Sullivan advised that he is nor cognizant of the sj:< foot height regulation; however, because of the unusual slope of the 1and, the variance is requested (1) to i.mprove the appearance of the property (fomer ordners neglect of property necessitated the removal of thirty- five feet of an unsightly hedge;) (2) to afford a degree of privacy; and (3) to protect patio furniture and other articles from theft (minor items have been stolen on prior occasion.). Replying to couneil inquiries, !{r- O'Su1livan stated that t}re fence wil1 be a contj-nuation of the remaining portion of a hedge on the Hillside Drive side of the property and will be constructed of first grade lumber, with decorative capped posts, painted white and maintained on a year-round basis; there is an approximate area of four to five feet of slope; fence construction shal1 begin two feet inside the property line (code requirements) and the approximate thirty-five feet of the tvro foot section will be planted in ivy or ice plant to cover the raw dirt. 56 Mayor l,tartin's suggestion that the fence be set back further than the two foot property line to pennit a six foot height fence construction was obj ected to by lilr. O'Sullivan, who stated that it would reduce the yard area (currently sroall) necessitate the removalof trees and require a costly grading operation. In reply to Couneilman Crosbyrs inquiry concerning the suggestion of the City Planner of a "possible compromise" the latter presented to Council, a sketch prepared by his Office, indicating a minimrun height of six feet to a gradual maximum height of seven feet, te/o inches . Reference was made to couununications on file approving the applicant,s request f or a variance , received f rom lilr. and l{rs. C. Ir1ccowan, 14O1 Vancouver Avenue, Mr- and I'Irs. William Renney, 2101 Billside Drive and ttrs. William H. Blackburn, 2O2O Hillside Drive. lIhere being no further conments from those approving the granting of the variance and no objections entered either verbally, or in writing, M!. O'Sullivan was questioned vrith respect to his reaction to the suggested reduction in the height of the fence. After some deliberation. the applicant indicated his approval to the proposed height reduction and a motion thereafter introduced by councilman Crosby. seconded by Councilman George that the variance be granted with the condition that the fence be erected on a "stepped" basis frorn a minimum height of six feet to a maxj.rnum height of seven feet, trro inches, was unanimously carried. 2. CLASSIFICATION OF LANDS KEYSTON PROPERTIES I{ayor Uartin announced that this was the time and place sctreduled to conduct a public hearing on the proposed cLassification of industrial property owned by the Keyston Properties. The hearing was declared open and "Exhibit B" - "Bindings of the Planning Commission of the City of Burlingame " was read. lrhe findings indicated that through an oversight, sonre parcels or portions of the City lying generally on the bay side were not designated into districts r^rhen the 1954 zoning code was adopted and it was thereafter recornmended by the Planning Commission that in accordance with the comprehensive zoning plan of the City, the subject property be designated "Light IndustriaL (I-l) District." lflhere being no cornment s either in favor or objecting thereto and no communications on file, the hearing was declared closed. ORDINANCE NO. 809 "An Ordinance Amendin g Section 1904, Article 50, Part X of the 1941 Ordinance Code of the City of Burlingame Dividing the City Into Districts by Classifying Acreage Herein Described to Light Industrial (U-1) District" was given its second reading and on motion of Councilman Johnson, seconded by Councilman George, said Ordinance passed its second reading and was adopted by the following Rol1 CaLI vote: Ayes: Noes : Councilmen: Councilmen: cro sby-Diederich sen-George-iIohn son-Irlartin. None, 3. VACATION PORTION BAYSITO RE FREEWAY (ELMO PEU,LIPS PROPERTY) Mayor llartin announced that this was the tjme and place scheduled in eompliance with Resolution No. 82-64, to conduct a hearing on the proposed vacation of a portion of Bayshore Eight ay, a public street within the city of Burlingame. 5? The City Attorney briefly related prior circumstances whereby the owne r of property on the Old Bayshore Highway, at his own request, was excluded from a property owners' agreement to acquire a twenty and one-half foot strip of property on the easterly side of the Bayshore Highway, the excepted owner has now Petitioned Council to acquire the property necessitating the legislation now before CounciL for consideration. Council took coginizance of the submission of Prior evidence concerning the vacation of a portion of Bayshore Boulevard and there being no one present to be heard either in favor or objecting thereto and no comunieations received on the subject, the hearing was declared closed. FESOLIITION No. 96-64 "Orderin g the Vacatj.on of a Portion of Bayshore Ilighway, a Public Street within the City of Burlingame" (to Elroo Phillips) r*as introduced for passage on motion of Councilman crosby, seconded by counciLman ilohnson and unanj.mously adopted upon RoIl Call vote. 4. ADDITIoNS To FIRE CoDE (Fire Underwriters Bulletin 266) I{ayor ltartin announced that this was the time and place public hearing on a proposal to adopt the National Board Underwriters' Bulletin No. 266. to conduct a of Fire The Fire Chief advised that the adoption of said Bulletin shall grant authority to the Fire Departrent to require the installation, the maintenance and the supervision of fire protective facilities to insure an adequate flow upon private parcels of land. There being no one present speaking either in favor or in opposition and no conununications on file, the hearinq was declared closed. ORDINAIICE NO. 808 "An Ordinance Ad opting by Reference National Board of Fire Underwriters Bulletin No. 266 and adding Article 268 to the 1941 Burli.ngame Ordinance Code Establishing Recommendations, Guides and Standards for On-Site Fire Protection Facilities and Adequate water Flow for Fire Protection" was given its second reading and upon motion of Councilman George, seconded by Councilman Johnson, said Ordinance passed its second reading and was adopted by the following Roll CaIl vote: PETITIONS 1. BAYS IDE III{PROVEI{ENT DISTRICT Mr. Kenneth I. Jones, Attorney, representing the newly formed Bayside Improvement District, advised that subsequent to Council decision at its last regular meeting, that the Assessment District proceed under the provisions of the 1911 Improvement Act rather than under the 1915 Improvement Act as requested by the petitioners and that the City-o\,rned property be deleted from said District, a new petition had been circu- lated among the affected property owners to ascertain their approval to the change of procedure; the petitioners indicated approval and thepetition is herewith re-submitted to Council, accompanied by a resolution amending the original "resolution of intention. " !1r. Jones advised that the petition specifi.calJ.y refers to the omission of City-ovrned lands from assessment and that the undertaking of the assessment proceedings under the 1911 Irnprovement Act sha11 not drange or abrogate the agreement \z and between ttre Burlingane Shore Land company, Inc., and the City of Burlingame. Ayes : Councilmen : Crosby-Diederictrsen-George-ilohnson-!1 artin. Noes: Councilmen: None. 58 RESOLUTION NO. 97-64 ''A Resolution Determlning Compliance withDivision 4 of the Streets and Highways Code and Determining toundertake Proceedings pursuant to special Assessment and Assessment Bond Acts for Improvements Without Further proceedings Under saidDivision 4; and amending Resolution of Intention No. 94-64 - Bays5.de Improvement District" was introduced by Councilman Johnson, \f,tro moved its passage, seconded by Councilman Cro sby and unanimouslycarried upon RoIl Ca1l vote. 2. PROPOSED ANNEXATION iIAUES C CAUSEY PROPERTY Mayor Uartin acknowledged a communication from lr{r. Jame s C; Cauaey, dated July 22, 1964, petitioning Council for the annexation of hisproperty on Hillside Circle, within the Burli-ngame Hills area, to fhe City of Burlingame. RESOLUTION NO. 98-64 "A Resolution civin g Notice of Proposed Annexationto rhe City of Burlingame of Uninhabited Territory Described Herein and Designated 'Causey Property,' and Giving Notice of Ti.me and place for Hearing of Protests Thereto" (August L7, L964t was introduced for passage on motion of Councilman Crosby, seconded by Councilman ceorge and unanimously carried upon Roll CaIl vote. 1. P REL II.,IINARY ENGINEERING PROPOSALS BROADWAY FROI,4 CALIFORNIA DRIVE TO FREEWAY A communication from the City Ir{anager, dated July 3l , 1964, submj-tt ing an analysis on three proposals received from Wilsey, Ham & Blair, George S. Nolte Co. and !1r. Edmund T. Dady and lrlr. Howard A. York, concerning prelirninary engineering reports on the Broadway Overpass proposed improvements, was acknohrledged. In concluding his analysis, the City ltanager advised that his Office is of ttre opinion that the ceorge S. No1te fir:n, with more experience in this particular field, would be the leading choice; that the City Engineer is of the opinion that Hessrs. York and Dady "would not be effective enough in dealing with other agencies" and therefor favors either the wilsey, Ilam & Blair or the George S. Nolte firms. A letter from Wilsey, Harn & B1air, Inc., dated August 3, L964, supplementing its letter of iIuly 22, L964, and submitted to Council at this time, advised that upon further study of the original scope of work, it will provide, within the fee sctredule originally outlined, the necessary traffic counts and soil information as may be required for the preliminary study. A series of questions were directed by the Chair and members of the Council to the representatives of the several firms submitting proposals for the proposed Broadway Jmprovement. !1r. Charles Phillips, representj-ng the George S. Nolte Company, advised that fees expended by the City on the preliminary study will be deducted fron the final engineering fees, that the figure quoted in the proposaL is positive and thereafter enumerated the project experience to qualify his firm. Ur. York and Mr. Dady each confirmed that their proposal included soil tests and traffic counts. !lr. York stated that in his opinion the project does not reguire a large staff and related some of his engineering project experiences, partieularly in the city of san Francisco, prior to his affiliation vrith Mr. Dady. COMMIJNICATIONS 59 Mr. Dady also gave a resume of his prior experience with resPect to overpass projects. embracing close cooperation with the Public Utilities Conuni ssion, the san Francisco Bridge Authority, the Division of Highways and other agencies. t{r. Dady stated that as a small firm, more personal attention can be given to the project; if their services are accePted, it is their intention to build a model for a proPer Presentation to agencies that sha1l be affected and shall be included within the cost quoted. Itlr. Lockridge, representing the engineering firm of wilsey, Ham & B]air, re-confirmed that the fee scheduled outlined in the proposal included traffic counts and soil information and named specific grade separation projects his firm has been associated witlr- Following a further question and answer period with respect to the qualifications of the project engineer, a review of the fees quoted within the respective proposals and comments frqn Council and nembers of the City's staff, the Chair questioned the pleasure of the Council. A motion was introduced by Councilman Diederichsen, seconded by Councilman Crosby, that a contract to prepare a preliminary engineering report for the proposed grade separation at Broadway and the southern Pacific Railroad tracks, be awarded to I|1r. Howard A. York and Mr. Edmund T. Dady. A Ro1l Ca1l vote was recorded as follows: Ayes: Noes : Councilmen: Counc ilmen: Crosby-Diederidr sen-Itlartin. George-Johnson. fhe preparation of an appropriate contract was referred to the City Ir{anager and to the City Attorney. 2. PROPOSED DI,'MP CONTRACT TRANSFER A letter from the City Manager, dated July 3l , 1964, advised that a request has been made by the Skilak OiI Company, through !1r. George N. Keyston, ,Jr., President, for permission to transfer or to assign the dump operation contract from the Skilak Oil Company to the Anza Pacific Corporation. fhe City Manager further advised that the nev, corporation is a consolidation of various partnerships and entities, with more financial responsibility than the Skilak OiI Company and it was the recommendation of his Office that permission to transfer or to assign, be approved. Council indicated the City Attorney concurrence and for appropriate the subject matter was referred to attention. Section 1020 of the 1941 for the Licensing of Theatres" seats) was introduced for 3 SECTION " 1020 " CODE AIi{ENDII{ENI A comnunication from the City ltlanager, dated ,Ju1y 3L, 1964. advised that the City's Licensor has requested an amendment to Section 1O2O of the Ordinance Code, pertaining to the licensing of theatres to clarify "theatres used for any other purpose." ORDINAIICE NO. 811 "An Ordinance Amendin I Burlingame Ordinance Code and Providing ($150 up to 1,000 seatsi $200 over 1,OOOfirst reading by Councilran Johnson. 60 4. FREEWAY AGREEII,IENT - TROUSDALE A}ID SKYLINE A conununication f rom the City lrl€rnager,that the State Division of Highways hasfor execution. dated July 31, 1964, advj.sed presented a Freeeray Agreement Ihe City Ir{.anager advised that the plan is essentially the same asthat proposed in the previously adopted agreement of ApriJ. 6, !964,affecting the interchange at Trousdale Drive and the Skyline Boulevard and it v/as the recommendation of his Office and that ofthe City Engineer that the Agreement be formally executed. RESOLIIIION NO. 99-64 "Resolution of the Burl ingame Approving Freeway Agreement', on motion of Councilman Crosby, seconded unanimously adopted upon Ro1I CalI vote. Ihe subject matter was referred for scheduled Study Meeting, wednesday, City Council of the City of was introduced for paEsage by Councilman George and 5. REPORT ON USE OT' STRUCTURES ON CHAPIN AVETTUE A memo to Council from the City Manager, dated ,IuIy 3I, 1954, advisedthat as requested at the last regular meeting, an investigation has been made on the use of property at 1416 Chapin Avenue i the investi-gation revealed that the premises house a beauty shop that has been in existence since 1947, i-ndicating either a "non-conforming use or a use whidr is equivalent to a non-conforming use." Ttre City Uanager recalled that the present poliqr of Council is that all structural requirements of the Code must be complied with prior to granting a corunercial use in a particular fire zone. fhe corununication was acknowledged and placed on file. 6. PROPOSED GOLF COURSE STI'DY A memo from the City ltlanager, dated iruly 31, 1964, advised that the Recreation Commission has requested that monies be appropriated from Capital Improvement Funds for the purpose of obtaining professional plans and cost estimates for a proposed golf course to be located on reclaimed land at the Bay Front and that a feasibility report asto "what revenues can be expected from the golf course and the best nettrod of financing the construction" be determined. consideration at the Council ' s August 5, 1964. A memo from the City Iuanager, dated JuIy 31 , 1964, advised that an allegation made by Mr. Oscar Person, that the Fire Department has created a delay in the progress of the apartment project on Carolan Avenue, near Broadway, is in error; that the developer, through his inability to meet fire specifications with respect to garage construction, has himself created the de1ay. !1r. oscar Person, owner and developer of the subject property, acknowledged that the Engineer for the project is currently conferring with the Fire Chief on plans fhat appear to be a satisfactory alternative. A conununication from the City Planner, dated July 31, 1964, advised that the Planning Conuni ssion, at its regular meetirgof iluLy 27, recommended the approval of the first section of the Anza Industrial Subdivi sion, upon a conditional basis and that several minor changes must be approved by the City Engineer. 7. APAR?MENT PROJECT DELAY EXPLAINED 8, ANZA AIRPORT PARK TENTATIVE !,IAP 61 Action was deferred until the regular Council meeting of August 17. pending review of the tentative map by the Office of the city Engineer. 9. BROADWAY OVERPASS RECOMII{ENDATIONS A recommendation from the Burlingame Planning Comnission, concerning the proposed Broadway Overpass improvements, dated July 27, 1964, and submitted by Planning Cornmissioners Norberg and Kindig, Broadway Overpass CorEnittee, was referred to I'lessrs. York and Dady, Engineers, selected by council to prepare preliminary engineering reports of the area. 10. RE-ACTIVATION REGIONAL PLANNING COWITTEE. A communicati dt from .t{r. afame s V. Fitzgerald, Chairman. Board of Supervisors, County of San li{ateo, dated Jul-y 2L, ]-964, advised of the proposal of the Board to reactivate the "Regional Planning Committee" for SalI llateo County to serve as a guide to the County and to the Cities in resolving area-wide problems and requesting that a member be designated from both the Council and the Planning Commission to serve on the Regional Planning Conunittee. Councilman Diederichsen was selected to represent the City Council and llayor Uartin suggested that the members of the Planning Conunission recotunend its choice for report to Council. 11. AI,PIIA LAND UILLS ESTATE SUBDIVISION A communication from the Alpha Land Company, dated iluly j.7, 1964. advised that the construction of homes throughout the remaining units of tracts 19, 23 and 25, in the I{iI1s Estate, are in progress and it was requested that Council extend its approval to the house plans to be constructed. Irlayor lt{artin recalled that the original agreement stipulated that al-l- plans, indicating the construction of particular models onparticular lots were to be submj-tted to Council for approval . !1r. R. P. Turney, representing the Alpha Land Company, in attendance, concurred with a request to refer the information to the Offices of the City Planner and the City Engineer prior to Council action. 12. RETIREMENT AI.,IOTMENT ACKNOWLEDGED A communication frotn lrlrs. Alice M. Schuck, 804 Baysvrater Avenue, expressing appreciation to Council for its action in adopting an amendment to the City's State Elnployees' Retirement System contract to inerease retirement allotrents, was acknowledged and placed onfile. 13. PROPOSITION RE: CIIY HAIL IOCATfON A conununication from Congdon, DeI Secco & Ross Investment Co-, 1840 E1 Camino Real, dated July 2O, 1964, suggesting that Council consider locating the Burlingame City ltall on a 61,000 square footof property on lrlagnolia Avenue near Trousdale Drive, either bydirect purdrase or by a lease method, was referred to the City Irlanager for further investigation and report to Council. ].4. COMIIISSION VACANCIES A memo from the of nominees for Aug"u st 5, L964, Council . city ltanager, dated JuIy 30, 1964, listed names appointment to Conunissions and scheduled Wednesday. prior to the Study Session, for interview by B2 Referring to the absence of names to select an appointee to filr avacancy on the Parking commission, Irlayor Martin suggested that theCity Manager extend the time in which to submj-t names to August lZ. RESOTUTIONS RESOLU:TION NO.I0O-54 "A Resolution cranting Application Burlingame Avenue Area Off-street parking District,, @arcintroduced for passage on motion of Councilman ilohnson,by Councilman Diederichsen and unanSmously adopted upon ORDINANCES Consideration thereof : ORDINANCE NO. 810 "An Ordinance Amendin g the Ordinance Code of the City of Burlingame by Adding lfhereto Section 4I2.4 Fixing the Compensation of the City clerk for his Services as city Auditor and Assistant Secretary of the Planning Commission,, was given its second. reading and upon motion of CounciLman alohnson, seconded by Councilman Diederichsen, said Ordinance passed its second reading and. was adopted by the following vote: for credit e1 1-G) was seconded Roll CalI . Ayes : Noes : Counc ilmen : Councilmen: Crosby-Diederich sen-George-Johnson-Iltartin. None. OP.DINAIICES Introduction thereof: ORDINANCE NO. 812 "An Ordinance Amendin g the Ordinance Code of the City of Burlingame, Section 1171.8 Providing for the Deposit of Sales and Use Tax Collection in the General Fund" was introduced for first reading by Councilman ceorge. Councilman ceorge, in referring to the nudber of apartnents constructed within the City in excess of height limitations, granted by variance procedure, suggested that a poliqf be considered with respect to regulating areas in vnr ich high-rise construction may, or may not be permitted. During the brief discussion, llayor Martin expressed the opinj.on that applications for high-rise constructj.on should be considered individually upon their own merit. Councilman Johnson, council liaison, Burlingame sister City Comrittee, gave a brief report on plans currently in progress to honor the visiting President of Cuernavaca and his party, tentatively scheduled for October of this year. SAFETY COI,{!4ENDATION TO CIIY Mayor ltlartin, on behalf of Council, acknowledged receipt of an award presented by the Burlingame-San ltlateo Insurance Agents Association, in recognition of the City's outstanding service to traffic safety through assistance given the "National Vehicle Safety Check. " The City Clerk was requested to express the appreciation of Council to the Insurance Agentsr Association. T'NF INI SIIED BUSINESS 1. HEIGHT VARIANCES 2. 'SISTER CITY'' REPORT 63 Itlr. E. L. Norberg, Architect, and a merdber of the Burlingame Planning Conunission, corunended Council for its action in engaging Itlr. York and I{r. Dady to prepare preljminary engineering reports with respect to the Broadway improvement s and stated that from his personal knowledge and experience, the City sha1l receive excellent service. There be ing no further business, the meeting was regularly adjourned at 11:0O p.m. Respectfully submitted, HERBERT K.TE CITT APPROVED: R D. MARTIN, MAYOR COT,INCII COM},IENDED ADJOURI.IMEIII