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HomeMy WebLinkAboutMin - CC - 1963.08.05300 Burlingame, California August 5, 1963 CALL TO ORDER A regular rneeting of the Burlingame City Council was held on the above given date. lleeting called to order at 8:05 p.m., - l{ayor Johnson in the Chair. At word fron the Chair, all in the Council Chamber arose and gave the Pledge of Allegiance to the Flag. ' P re sent Ab sent Councilmen: Councilmen: Cro sby-George-Johnson-L,orenz -I{artin . None the minutes of the regular meeting of July 15, 1963, were unanimously approved and adopted. ftre minutes of the ad j ourned meeting of aIuly 30 , 1963 , 'hrere unan- imously approved and adopted with a correction that the word, "landscaping" be added to the following sentence: "applicant sha1l comply with requirements of Park Department with respect to land- scaping setback r equirements. BIDS OFF-STREET PARKING DE},IOLITION fhe Chair announced that bids advertised, per legal notification, for the demolition of and removal of structures within the Off- Street Parking District, received and opened at 2:0O p.m., on this day, were declared as follows: Bayshore wreckers, Inc. 621 Bayshore Blvd., san Francisco $8, 919. Oo Pioneer wrecking co. 1815 l,lidway Drive, santa Rosa 7 .7 35.00 Coder and Knapp Excavators, Inc. 6218 ltillside Drive. EI Sobrante 5, 398.00 Caveco Wrecking Co. , Inc. 169 Front Street. Danville 8,275.OO Cleveland wrecking Co. 2800 lrhircl Street, san Francisco 6, 218 .00 Flora Crane Service, Inc. 250 uendell Street, san Francisco 7,320.OO Irlayco Salvage Co. , Inc. 114 Harbor way, so. San Francisco 5,704.70 La Velle Construction co. 225 Locust, San ilose 4 ,293.OO PLEDGE OF ALLEGIANCE ROLL CAIL MINUTES Total Bid Price 301 The C j-ty Manager vacation of all fhe City Attorney confirmed that Sweet property has been recej-ved is premature. Irlr. Robert Smart, Engineer, engineering estimate was in !1r . the the reconunended that the avard be withheld, pending the premises. to date only the and the award of deed to the crant B. contract to demolish Councilman llartin suggested that bids in the future bear a clause rendering "the City harmless" should unforeseen circumstances occur to delay the corunencrnent of a project. wilsey, IIam and Blair, advised that the the total arnount of $11,0O0.O0. An " Improved Plan of Lots af, L, N. D and E" within the Parking District submitted to menibers of the City Council and to representatives of the Off-Street Parking District Conunittee, initiated some discussion on the submissj.on also of plans and specifications for proposed improvements. The issue was resolved with mertrlcers of the Council requested to review the parking plan and to notify the City lrlanage r the result of their review by Wednesday, August 7, L963, at which time the Parking District Comnittee representatives have indicated that their reconrmendations shal1 be submitted. HEARINGS Smart advised that the "parking design" must be approvd prior to preparation by the Engineers of the plans and specifications for actual construction of said i.mprovements. The Chair announced that this was the time and place scheduled by legal notice published (Resolution No. 50-63) to take action on the intention of Council to vacate portions of the Bayshore Highway, located within the City of Burlingame. Ihe City Attorney advised that the action proposed on this occasion is an irnplementation of a previous policy set by Council declaring the Bayshore Highway a major city street, reducing the width thereof to eighty-four feet and disposing of the excess of forty-one feet. Relating circumstances incidental to the filing of a lawsuit by the heirs to the crace iI. Easton estate, alleging ownership to the subject property, the City Attorney advised of the successful efforts of !1r. David and Ur. ceorge Keyston. meeting with alrutting property owners, to affect a favorable compromise with the Easton heirs; that the Keyston's are prepared to convey to the city of Burlingame, by fee title, eighty-four feet of a 125 foot strip of Highway, with the City in turn, to vacate 20.5 feet on either side; the abutting property owners shall acquire their respective share of the 2O.5 feet vacated through purchase and palment to the heirs of the Easton estatei and that conditions have been fornruLated wherein the Keystons and abutting property owners shall indemnify the City and render the City harmless from claims that may arise trith respect to said vacation. The City lttanager was authorized, upon receipt of approval from the City Council and the Parking District Comnittee and members of the City staff, to give notice to the Engineers for the Project, to prepare plans and specifications for submission to Council at the next regular meeting, August 19, 1963. 1. VACATION PORTIONS BAYSHORE HIGIIWAY 3r,z fhe City Attorney further advised that waivers from each of the abuttj.ng property owners, with the exception of one, have been filed with the title company and reconEnended that the property whose owner has failed to file a waj.ver be excepted from the currently proposed vacation to a subsequent vacation. Reference was made by the City Attorney to a map indicating the section of property to be vacated and the utitity easements on the $resterly side of the property to be retained by the City and to a resolution ordering said vacation from which document the excepted parcel sha1l be deleted. ftrere appearing to be no proponents or opponents vacation, the hearing was declared concluded and thereafter as follovrs: to the proposed legislation enacted RESOLUTION NO. 59-63 "Orderi-n g the Vacation of Portions of the Bayshore Highway, a Pub1ic Street Within the City of Burlingame and Reserving and Excepting Certain Easements" was introduced by Councilman Crosby who moved its passage, seconded by Councilman Lorenz and adopted unanimously by Roll CalI vote. RXSOLUTION NO. 60-63 "Acc epting Grant Deed from George Keyston and David Keyston, Dated August 2, 1963. " was introduced for passage on motion of Councilman Lorenz, seconded by Councilman George and unanimously adopted lry RoI1 CaII vote. RESOLIJ:IION NO. 6I-63 "ACC epting Deed of Dedication George Keyston and David Keyston, Dated August 2, duced by Councilman crosby who moved its passage, Councilman Lorenz and unanirnously adopted by RoIl RESOLUTION NO. 62-63 "Acce pting Deed of Dedj-cation ceorgre Keyston and David Keyston, Dated August 2, duced by Councilman ceorge, seconded by Councilman unanj.mously adopted by RoII call vote. of Easement E rom 1963" was intro- seconded by Call vote . of Easement From 1953" vras intro- crosby and 2 . BURLINGAIT{E SEORE LATiiD VARIANCEq/qIAqS IT IEISIONq The Chair announced that the public hearing having been concluded at the adjourned meeting, July 30, the various aspects with respect to the Burlingame shore Land Company project variances would be explored by Council . The City Attorney, in repLy to Council inquiry concerning procedure. recotnmended that the technical staffs of the City and the applicant meet to formulate a list of conditions to the variances, including argrments both for and against and that the applicant colrpose a list of conditions to circulate .rmong interested departrents for coments. t{r. ucltlillan, attorney for the project, indicated that sdne progress has been made on a "development contract" and information shall be available within the forthcoming week. There being no objection, the matter was continued to the next regular meeting of Council, August 19, 1963. CO}II,IUNICATIONS 1 . AUEIIDII{ENT TO CODE AUTHORIZED (INCINERATORS) A comnunication, dated August 2, 1963, was read from the city Uanager referring to a comnunication received from Private Enterprises, Inc., 303 1499 Bayshore Highway, Burlingame, advising that a nudber of industrial and cormnercial companies operating within the city l- irnits of Burlingame have requested the installation and use of the Purifire Incinerator manufactured by the Private Enterprises Company for the purpose of burning qraste, including greens and garbage. An amendment to the City's ordinance to pennit the burning of qraste and garbage as reconunended by Fire l{arshalls in the Bay Area and approved by the Bay Area Air Pollution Board was respectfully requested. The City I'lanager advised that the Fire Department has indicated that the equipment is satisfactory and the Public Works Department, on the basis that the incinerator shall lessen the strain on the sewer pIant, has indicated its approval . fihe City Attorney was authorized to prepare an appropriate amendment to the ordinance. A conununication was read from the City l{anager, dated August 2, advising that plans and specifications for the installation of Easton Creek culvert on the Bayshore Highway have been prepared recomnending that bids be advertised to be opened and submitted Council for award on Augnrst 19, 1963. 1963, the and to speci fication s and funds Council was advised by the have been submitted to the therefor shall be expended Council receipt City Engineer that the plans and State of California for approval from Gas Tax monies. concurred with the recormnendation of the City Manager. pending of approval from the State. 3. BIDS TO INSTALL OUTER ROAD AROIJND DIJIT{P A comnunication was read from the City ltlanager, dated August 2, L963, advising that plans and specifications have been completed for the construction of an outer road or street from the main gate at the extension of Broadway to a short distance beyond the sewage Disposal gate on the Bay side and reconunending that authorization be given for the advertisement of bids. Following a brief discussion, the City Manager was requested to ascertain the reconmendations of the .Ioint Bay Lands Comnittee, the Park Commission and the Recreation Conunission with resp6ct to the proposed road and to suggest to the members that they meet jointly at their earliest convenience . 4. POPULATION ESTI}{ATE RSSOLUTION A conununication was read frqn the City l{anager, dated August 2, L963, recommending that adoption of a resolution authorizing the execution of an agreement with the State of California, Department of Finance, to obtain an estimate of population iJlcrease within the city of Burlingame, since the Iast Federaf Census. Council concurring with the recommendation,RESOLUTION NO. 63-63 "Authorizing and Directing Execution of Agreement with the Department of Finance of the state of California For the Mak ing of An Estimate of Population Increase in the City of Burlingame Since the l,ast Federal Census" was introduced for passage on motion of Councilman George, seconded by Councilrnan Crosby and adopted unanJ:nously upon Ro1I call of medbers . 2. BIDS TO CONSTRUCT EASTON CRXEK CULVERT 3U4 A corununication was read from the City trtanager. dated August 2, L963, referring to a memorandum from John H. .fenks, Consulting Engineer, under date of July 19, 1963, entitled " Sumrary of presentation and discussion before the Regional Water Pollution Control Board" describing in considerable detail, the attitude of the vfater Pollution Control Board with respect to its "Cease and Desist" Order against the City of Burlingame - Mr. Jenks, in concluding his report, stated "to protect the interests of the City, everything possible should be done to adhere to the 'Tjme Schedule, "' and "also. further efforts should be made to screen off the floating material and to improve the new chlorine contact pond prior to the September 19th Regional Board meeting." The City Manager recommended that Mr. Jenks be authorized to proceed with the preparation of interim plans and specifications and that he further be authorized to resist the consideration of a Cease and Desist Order at the water Pollution Control Board's meeting of September 19. 1963 and to represent the City at alL future rneetings of the Board concerning the City's Sevrage Treatment Plant. Replying to council inquiries, the City Engineer advised that !1r. Jenks, representing also the City of Redwood City at meetings of the Water Pollution Control Board, is reimbursed by that City at the rate of $10.00 per hour. FoJ.Iowing some discussion, the City Engineer was requested to ascertain for report to Council, I{r. ifenks' regular fee to represent the City at such meetings of the water Pollution Control Board affecting the City's Sewer Plant and his engineering fee with respect to the interim improvements at the Sewage Disposal Plant. 6 . F INAI, MAP - Ii{ILLS ESTATE NO . 19 FIRST i,'TiIIT A conmunication dated iluly 31, 1963, was read from the City Planner, advising that at the regular meeting of ifuly 22, t.}re Planning Corrnission recommended the approval of the Final Map of Mi11s Estate No. 19, First Unit, subject to correction of technical items. Ihe conununication further advised that the Conrnission discussed the question of the time of delivery to the City of Burlingame of land comprising a park and firehouse site to be developed in the next subsequent subdivision and the recorEnendation that consideration be given to the acquisition at this time. The City Planner, in replying to inquiries of council. advised the necessary docr:ments are not available on this occasion and the matter should be continued to the next regular meeting. that that Mr. Jane s Roemer, representing Eichler Homes, Inc., confirmed the statements of the city Planner and questioned whether Council desired the immediate delivery of a deed to the park and firehouse site or a conununication certifying that the land shall be conveyed. A recess was declared by the Chair at 9:10 p.m., to enable Council to confer on the inguiry. CAIL TO ORDER 5. INTERIM SEI^IAGE PI"ANT IITIPROVEMENT RECESS Ihe meeting was called to order by the Chair at 9:15 p.m. 30s !4ILLS ESTATE NO. 19 (Continued ) Councilman llartin, speaking for Council, suggested to !lr. Roemer that a letter be directed to Council to the effect that the land for a park and firehouse site sha11 be conveyed at the time the second unit is corunenced. Rep1ying to a request from Ur. E. L. Pierce, President, Burlingame IttiLls Estate Improvement Association that the City " demand the immediate delivery of a deed, " Councilman Itlartin referred to commitments made and satisfactorily honored b,L the previous owner of the property and to the " assumption clause" in the subdivision agreernent with Eichler Homes, Inc., indicating that current commitments shall be equally honored. A communication vras read from the City Planner, dated July 3I, 1963, advising that at a regular meeting of the Planning Commission, iluly 22, 1953, the tentative map of a subdivision of uniftproved acreage desi-g- nated "Edwards Industrial Park" was con sidered and the Commission there- after recomended to Council that it be approved. !1r. w. M. Sideboth.rm, o\.rner of industrial property on North carolan Avenue and representing the property owners on Marsten Road, spoke on the effect the proposed subdivision i.mprovements may have on the traffic congestion in the area, pointing to the difficulty experienced by vehicular traffic, particularly large trucks, traveling on Iqarsten Road, a "non-thoroughfare" street and called attention to a similar situation on North Carolan Avenue. Itlr. Sidebotham reconmended that Iqarsten Road be improved across Easton Creek. A tentative map dispJ-ayed of the proposed " Edwards Industrial Park" was explained by the City Planner, who advised that the property comprises an area of threlve and one-half acres, bounded by Rollins Road, Mills Creek, Easton creek and the Freeway; a cul-de-sac proposes access to the interior properties of the subdivisionr the plans conform to street width and improvement reguirements; the Rollins Road frontage wilL be improved to continue the alinernent of Itlill s Industrial Park and the turn-around area will be forty feet to provide for truck traffic. Itre City Planner advised that it was the general consensus of the Corunission that a culvert to contain Easton Creek be covered and improved to link Uarsten Road and with the Cornrnission reconunending to Council that the best efforts of the City be expended to the formation of an assessment district for the construction of the proposed street improvement. Mr. Dennis llession, one of the property owners of the proposed Edwards Industrial Park, expressed his disinterest in the formation of an Asses$nent District in that it has litt1e relationship to the proposed tentative map; the cul-de-sac \ra s the best means determined by the Engineering firm of Wilsey, Ham and Blair, to provide access to the interior properties; the front lots have been soLd and deeds shall be subfinitted at the tirne the final map is approved; the buyers are anxious to colunence construction and the same deed restrictions imposed on property olrne rs within the Mi11sdale Industrial Park sha1l prevail in the proposed Edward s development. Replying to Council inquiry, Mr. Hession stated that an Assessnent District can proceed with or without approval of the tentative map; if interested property o\,vners on llarsten Road are desirous of forming an Assessment District, his property will be included, with or without Tlre subject was continued to the next regular meeting, August 19, 1963. 7. EDWARDS ITIDUSTRIAT PARK TENTATIVE MAP SUri his consent of the time property to and favorable Council consideration was urged in view element permitting the purchasers of the industrial commence their proj ects. In the continuing discussion and periods of inquiry, the City Planner advised that the "turn-around" proposes a forty foot radius rather than the required thirty-four foot radius; truck maneuverability is provided mainly by an on-site design; only two lots are served by the cul-de-sac and the road as proposed is adequate for the intended development. councilman lrlartin's inquiry concerning consideration by the Planning Conunission on the 350 foot cul-de-sac, 100 feet in excess of code requi.rements and the negative reply by the City Planner, j-nitiated sorne discussion. The City Attorney advised that the point raised, sufficiently justified further exploration. IrIr. Direnzo, Engineer. representing the element of urgenqy and speaking a whoIe, stated that the provisions facilities and setback requirements industrial development. Further discussion concluded and acting upon advJ.ce Attorney that the legality of the proposed 350 foot investigated, the subject was continued to the next Augiust 19, 1953. Wilsey, IIam and B1air, stressed on t}e proposed improvement as made for off-street parking all focus on a well-planned of the City cuL-de-sac be regular meeting, Mr. Hession, reappearing later in the rneeting, to request the selection of a date prior to August 19, was advised that the deliberations and recoMnendations with respect to the Final Map may proceed with the Planning Commission and concurrentLy with a study being conducted by Council on the Tentative Uap. 8. EI., QUANITO ACRES PROPOSED EASE!4ENT A conununication dated July 31, 1963, concerning the subject of a non-exclusive access easement to Iots 5 and 6, EI Quanito Acres, referred to the Planning Commission for recomendation by the City Council, was read from the City Planner. The City Planner advised of the problems encountered during the creation of the original two lots and the decision thereafter to provide an access easement to the property from E1 Prado Drive; the error that occurred either in designating the alinenent on the map or in the construction, whereupon a paved driveway r^ras not placed on the desigmated and recorded easement and the request that this easement be abandoned and that another be accepted to accomnodate the roadway. It was pointed out by the City Planner that " tlre reason for designing the existing easenent is not the reason for the one now proposed. T{he adopted access hras an alternate to an undesirab}e treatment of the property; the proposal would create two neh, lots without street frontage and two new lots in the area which the existing plan attemPted to preserve. " Council was advised that it was the unanimous recounendation of the PLanni-ng Conunission that the easement as currently proposed not be accepted . !lr. Louis Arata, Engineer, representing the owner of the tto lots, !1r. John Peyton, explained that the existing easement is not compatibl-e with the proposed use of the land; a proper ingress and egress easement is reguested to provide access to Lot 6 (original Parcels A and D) and that in the deliberations of Council. the request for the easement 307 should be considered independently from pending before the Council- on an appeal Planning Commission. the proposed subdivision from the decision of the Srhe City Planner explained the easement procedure set forth in the code, wherein the city becomes an owner of an easement in lieu of street frontage (as in this instance). Ihe Planner added, that if the proposed easement is not approved by the Council, the owner of the property can reach the buil-ding sites by the Present roadi if the City becomes an owner, the proposed subdivision may become an actuality and it was on the basis of the latter point that the Planning Conunission recommended against the acceptance of the proposed easement. councilman tlartin elaborated further on the history of the subdivision and the deliberations of the conmrission whi.le he was a member thereof, to determine a reasonable plan to develop a difficult parcel of property. Councilman Uartin advised that a creek flowing through Parcels A and B should be filled and covered as a means to forestall a repj-tition of flooding conditions in the area. !1r. Vlalter relocat ion affect the Lerner, owner of Lot 4 in E1 Quanito of the easelrent and stated that said structure of hi-s home. " Acres, opposed the relocation "wou1d Following a brief discussion, the subject was continued to the next regular meeting of Council, August 19. 1963. 9. AIRPORT DEDICATION EDITION A memo to Councj"l from the City Manager, dated August 2, L963, advised that a conmunication has been received from the san Uateo Times requesting the City's participation in a special San Francisco Airport Dedication Edition and recornmended that the subject be referred to the Burlingame Charnbe r of Comnerce, the City's adver- tiser. Council concurred with the recotrunendation. RESOLUTION NO. 64-63 "Fixin g Assessment For Weed and Rubbi sh Abatement, 1963" was introduced for passage on motion of Councilman llartin, seconded by Councilman ceorge and unani.mously carried by RoJ-I Call vote. RESOLIITION NO. 65-63 "Authorizin g Execution of an Agreement ltodifying the Agreement For Special Planning and Advisory Services Dated ilanuary ?, \963" was introduced by Councilman Crosby, who moved its passalre, seconded by Councilman George and unanimously carried by RolL Call vote. ORDINANCE NO. 785 "An Ordinance Amend ing Subsection a. of Section 1443 of the 1941 Ordinance Code of the City of Burlingame by Increasing Policy Limits of tlotor Vehicle Liability Insurance Policies Required by Owners of Taxicabs" was given its second reading and upon motion of Councilman Crosby, seconded by Councilman Lorenz. said ordinance passed its second reading and was adopted by the following vote: Ayes: Noes: Absent Councilmen: Councilmen : Councilmen : Cro sby-George-John son-Lorenz-Uart in . lilone Iilone RESOLUTIONS ORDINANCES - Consideration thereof : 3U8 ORDINANCE NO. 786 "An Ordinance Anendin g the l94L Ordinance Code ofthe City of Burli-ngame by Adding Thereto a New Section L222.3OLimiting the Parking of vehicres on the westerry side of californiaDrive between llurchison Drive and Trousdale Drive,' was given its second reading and upon motion of Councilman Crosby, seconded by Councilman Lorenz, said Ordinance passed its second reading and was adopted by the following vote: Ayes: Councilmen: Noes: Councilmen: Absent Councilmen: Cro sby-George-Johnson-Lorenz-Ir{artin. l{one None ORDINAIICE NO. 787 "An Ordinance Amend ing Section 412.4 of the Ordinance Code of the City of Burlingame Fixing the Compensatj.on 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 Lorenz, seconded by Councilman Crosby, said Ordinance passed its second reading and was adopted by the following vote: 1JNFINISIIED BUSINESS BEARINT INDUSTRIAI PARK The City Attorney, in reply to Councilnan l{artin, concerning status of the Bearint Industrial Park property, advised that wi.Il be submitted at a later date. the a report llayor ,Johlrson announced the nunber of prizes, including eight first place honors, awarded the Park Superintendent and personnel at the current San lrlateo County Fair and Floral Fiesta. Councilman Lorenz moved that the City Clerk, by conununication, connrend the Burlingame P ark Department, seconded by Councilman Crosby and unanirnously carried. tlayor ilohnson reported briefly on her attendance at a recent confer- ence held j:r Sausalito as the guest of the U. S. Army Engineer District and referred to a "Technical Report on Barriers" a part of the compre- hensive survey of San Francisco Bay and tributaries on file in the Office of the City Clerk. 3. ACTION RE: SAN IIIATEO COUNTY COITNCIL, OF MAYORS The city Clerk was requested to place the subject matter on the next Council agenda, August 19, 1963. At the request of the Eealth, safety and Traffic Conunission for a secretary to record the minutes of that body, Mrs. Sylvia Heinrichs was appointed at the rate of $5.00 per month, on motion of Councilman George, seconded by Councilman Crosby and unanimously carried. Ayes: Councilmen: Crosby-Georgedohnson=Lorenz-Irlartin. Noes: Councilmens None Absent Councilmen: None NEW BUSINESS 2. U. S. ARMY CORPS OF ENGINEER CONFERENCE Mayor ,Iohnson referred to a recent San Mateo County Council of Mayors' meeting she attended, accompanied by Councilrnan Lorenz, at which time Councilman wallace Benson, City of Belmont was eLected Director of the Peninsula Division of the Leaque of california cities and to a resolution to be submitted to each City to study Senate Bill No. 344, proposing a new source of funds for the correction of critical deficiencies in City and county streets. 4 . SECRETARY TO HEALTTI COII},IISS ION 309 5 . SAN II{ATEO COT'NTY DISASTER PLAN Ihe City Clerk was requested to place the subject of a new agreement with respect to the San Uateo County Disaster Plan on the Council Agenda, August 19, 1953. 6. EQUAL OPPORTI'NITIES" l,[ayor Johnson called attention to a resolution proposed by the United States Conference of llayors supported by San Mateo County Council of Mayors, June 28, 1963, and submitted by the Department of Industrial Relations. Ihe proposed resolution endorses proposals by the President of the united States with respect to bi-racial human relations, entitled " Equa1 Opportunities. " 7 PROPOSED PARKING COMIiIIT?EE FORMATION Council concurred with a request from Councilman Martin, that the city Attorney prepare a rough draft of an Ordinance creating a "Parking District Committee" to serve in an advisory capacity to Council ,similar to one in effect in the City of San Mateo. ACKNOWLEDGMENTS The Chair acknowledged minutes from the Library Board and the Planning Conunission and a progress report from the San l,lateo County Board of Supervisors. The presence of Vern Krough, in attendance to report the Council meeting after an absence, was acknowledged. YOUTII ADVISORY COMMISS ION Ttte City Clerk was requested to place August 19, 1963, for consideration to Councilman Crosby referred briefly to his meeting of the Youth Advisory Commission, report shal1 be rendered at a later date. the subject on the Council Agenda, action requested. attendance at advising that a recent a detailed ADJOURNI4ENT The meeting was thereafter regularly adjourned at 11 :30 p.m Respectfully submitted, / r' 2/.(..-.., 1r 7i .(r IIERBERT K. WHITE, City Clerk APPROVED: t ,4zn* MAYOR