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HomeMy WebLinkAboutMin - CC - 1963.08.193r-o Burl i ngame, California August 19, 1953 A regular meeting of the Eurlingame City Council was held on the above given date. l{eeting called to order at 8:05 p.m., - t{ayor Johnson in the Chair. At word from the Chai r, all in the Council Chan$er arose and gave the Pledge of Al legiance to the Flag. P resent Absent - Councilmen: - Councilmen: C rosby-Geo rge-John son- Lo renz-l{a rt i n. None 0. C. Jones 6 Sons R isk 6 I reed ing oscar Ho I mes J. S. lla rsh l'/illiam P. Russ Lowrie Paving Co. Powers Cons t ru ct ion Co. Eng i neer ing Estimate }I I NUTES The minutes of the meeting of August 5, 1963, previously submitted to Council were unanimously approved and adopted on nption of Councilman Crosby and seconded by Councilman Lo ren z. BIOS - CONSTRUCTION EASTON CREEK CULVERT Bids received for l{CS 96 Easton Creek Culvert construction, at Bayshore Highway and opened at 2:00 p.m., August 19, 1963, were surmarized as follows: T0TAL BlD (Lump Sum) $ 19, 740. oo , 895. 00 ,700.00 , l+3 0. 00 ,980. oo ,130.00 , q4o. oo $ r 8, 904. oo The proposed project to be reimbursed from Gas Tax Funds and the bids received therefor in excess of the Engineerrs estimate, action on the ayrard of contract was withheld pending receipt of approval from the State of Cal ifornia Divisionof H i ghways. ORDER OF BUS INESS REVERSED The Chair announced that in compliance with Council preference, the regular order of business would be considered prior to conducting public hearings on issues scheduled on this occasion. There were no objections from those in the aud ience. Agenda ltem No.I O--STREET LIGHTING ASSESSHENT DISTRICT A cormunication read from llr. James E, l,tinto, Chairman, Auto Dealers Cormittee, Chamber of Cormerce, referred to petitions from property owners whose property fronts on California Drive between Peninsula Avenue on the south and South Lane on the north, requesting Council to initiate assessrEnt district proceedings to acconplish the installation of modern street lighting on California Orive f rorn South Lane to the City limits at Peninsula Avenue in The City of Eurlingame, llr, Hinto, in attendance, advised that a majority of the owners have indicated their endorsement of the project, and the approximate cost of $6.00 per front foot to provide a modern street lighting systen shall be borne by the abutting property owners on Cal ifornia Drive between the areas so stipulated in the Petitions. The City Attorney advised of the appropriate legal procedure and the necessity to first engage an attorney for the proposed District. A motion was introduced thereafter by Councilman Lorenz that Council approve the intended formation of an Assessment District and that the law offices of Ernest A. Ui lson be engaged to legally represent the proposed Assessment District. The motion was seconded by Councilman Crosby and unaninpusly adopted, The City llanager was requested to corrrunicate with }lr. l,/ i lson notifying his 20 22 23 28 29 33 CALL TO ORDER PLEOGE OF ALLEG IANCE ROLL CALL 311 office of the action taken by Counci I, Hr. l{into and his conmittee were cormended by l{ayor Johnson on behalf of the City Counc i I . I. OUTER ROAD INSTALLATION APPROVED A conmunication from the City llanager, dated August 16, 1963, advised that copies of the location, layout and design of the proposed outer road circling the disposal area presented pursuant to Council request to the Park Conmission, the Joint Baylands Cormittee and the Recreation Conrnission have been reviewed by the respective bodies and each has indicated approval. lt was the reconmendation of the City |lanager that advertisenent for bids for the construction of said road be authorized. Councilnran George moved that Council concur with the recorrnendat ion, seconded by Councilman Crosby and unanimously carried. 2. FIRE ALARI.I SYSTE'{ EQUIP}IENT PURCHASE AUTHORIZED A cor:runication from the City |lanager, dated August 16, 1963, referred to a coflruni- cation received by his office from the Fire Chief, advising that an opportunity has been presented to purchase an efficient piece of used equipment for the Fire Department to maintain and to extend the Fire Alarm System. The City |lanager advised that the original plan to purchase used equiprent in the sum of $1,500.00 has failed to materialize; ho*ever sufficient funds have been reserved in the Alarm System appropriation to purchase the equipment by reallocating items in this category and it was recocnended that the purchase be authorized. ln reply to Councilman George, the Fire Chief, in attendance, advised that the original cost of the equipment reconmended for purchase approximated $16,000.00 to $ r 8, 000. 00. There being no objections, the City llanager was authorized to issue an order to purchase the equ i pment. 3. DRAINAGE DEFICIENCY ON PRIVATE PROPERTY A memo to Council, dated August, 1963, from the City Hanager, advised that a conruni- cation has been received from llr. and Hrs. tJi lliam L. Boxman, 1523 Cabrillo Avenue in reference to a drainage deficiency on their property. The City llanager reported that a study wi ll be conducted on the complaint and Council notified of findings at a I ater date. 4. BID OF LA VELLE CONSTRUCTIOT{ COHPANY ACCEPTED A cormunication from the City llanager, dated August 15, 1953, advised that the LaVel le Construction Company, lo,rest responsible bidder in the recent response to bid requests for the dernolition and renova| of structures for off-street parking lots, has con- sented to a delay in contract created by the lack of possession of structures to be removed on the Kless property on Primrose Road. lt vras recormended that the award of contract be nrade to Harold G. LaVel le dba LaVel le Construction Co., and authori- zation be granted for the execution of said contract. RESoLUTI0N N0.65-53 "Awa rd in g Contract for Demol ition Uork for Burl ingame Avenue off-Street Parking District was introduced for passage on motion of Councilman l{artin, seconded by Councilman George and unaninpusly adopted upon Roll Call of members. 5. BIDS. OFF-STREET PARKIl{G DISTRICT LOT II,IPROVEI.IENT A connrunication from the City l{anager, dated August 16, 1953, advised that plans and specifications for the improvement of Parking Lots J, (Kless property, Primrose Road;) Lot N (Guthrie-Sleeet property, Lorton and Highland Avenues;) Lot E (Park Road, across fro.n City Hall;) Lot L (rear of I'lells Fargo Eank) and Lot D (Lorton and Donnel ly) are complete and recormended that edvertising for bids to be opened on September 3, 1963, be author i zed. Referring to the starting and conpletion dates set forth in the specifications, the City l.lanager advised that Lot J currently occupied should be available by Septernber 20; 312 hourever, LaVel le Construction Company, for a "move- in-and-out" fee of $235.00 wi ll remove all structures except the Kless lot structure to expedite the cl earance work. A brief discussion arose on the latter point, with the Council concurring to a suggestion nude by Councilman llartin that a clause be inserted in the bid form rendering the City "harmless" from circumstances that may occur to delay the comencemen t of the project. A motion was introduced by Councilman Ha tin that the City l{anager be authorized to advertise for bids for the improvement of Lots J, N, E, L, D, in the Parking District, in accordance with plans and specifications prepared by the Engineering firm of l'/ i lsey, Ham and Blair, to be opened at the convenience of the City Hanager on September 3, 1963. The notion was seconded by Councilman Lorenz. Follouing a brief discussion initiated by Councilrnn Crosby wherein the City Engineer advised that his office urould investigate suitable methods to maintain the parking lots, the motion was recorded as unanimous. 6. JENKS AND JENKS A recormendat ion f rom the City l{anager in a comnunication, dated August 16, 1963, that the Counci I authorize the payment of a 6% engineering fee to Harry end John Jenks, Consultants, with respect to the interim additions to the Treatment Plant and additional service fees to Harry l{. Jenks to represent the City on matters relating to the Water Pollution Control Board, was unaninnusly concurred in by Council. 7. REPORT ON DISPOSAL AREA NUISANCE ODOR A memo to Counci I from the City l{anager, dated August 16, 1953, reporting on efforts currently in progress to el iminate the Disposal area nuisance odor, was acknowledged and a coomunication f rom Hrs, Belva Herbert, 320 Clarendon Road, pertaining to the subject, was referred to the Joint Baylands Cormittee. 8. BIDS AUTHORIzED CONSTRUCTION STORAGE RESERVoIR A comrunication frorn the City |lanager, dated August 16, 1963, advised that plans and specifications are available and it uas the recomnendat ion of the City Engineer and his Ofiice that bids be authorized for the construction of an additional l,later Storage Reservoir on property adjoining the ltillbrae Tank Farm. The City Engineer, in reply to Council, advised that the Engineering firm of George Nolte has prepared plans and speci ications, approved by his office, w; th respect to the structural designi that it uras the original intention that Eichler Corporation, the otrners, negotiate the contract uith specialists in this field: hourever, with the City assuming its pro rata share of the cost, the City Attorney has ruled that the City is legally responsible to negotiate the contract and the specifications are currently in the process of revision, To expedite the facility. it was requested that bids be authorized lor advertisetnent and opening on September 3, 1953. Councilman l{artin introduced the subject of employing a system of "pre-qual ified bidders" and tol lowing a brief discussion, the subject of including an appropriate clause'within the bid for the water storage reservoir construction was referred to the City Attorney and to the City Engineer. 9. APPEAL RE: oFFICE BUILDING CoNSTRUCTI0N A conmunication fron the Pringle Construction Company, dated August 15, '196), written in behalf of the Eurlingame lnvestment Company, Stan Gates and Associates and the Pringle Construction Company, appeal ing the decision of the Planning Conmission with respect to a variance to permit the construction of an office building on property at the corner of Bayswater Avenue, Primrose Road and El Camino Real., was acknowledged and a public hearing scheduled before the City Counci l, September 3, 1963. IO. PENINSULA CONSERVATORY OF }tUSIC REqUEST A coflmunication was acknovrl edged from the Peninsula Conservatory of l{usic, lnc., dated August 14, 1963, soliciting the assistance of the Council in obtaining new facilities necessary by reason of condemnation proceedings currently in progress on Donnel ly Avenue, the site of its present facilities. CONSULTANTS. FEES AUTHOR IZED 313 Counci I expressed symPathetic concern to the problem facing the group and instructed the City llanager to cormunicate with the organization to advise that the Council is not in a position to render assistance on this occasion. 12. NOTICE FOR AUTHORITY TO INCREASE FARES A memo to Counci l, dated August 16, lt6), relerred to an appl ication filed by the San ,lateo-Burl ingame Transit Company lrith the Publ ic Uti I ities Conmission requesting authority to increase fares, suspend certain operations and to re-route two present lines. Considerable discussion arose on the nou inoperative bus service provided by the San l{ateo-Burl ingame Transit Conpany. Councilman Johnson advised that the Joint Powers Study Comittee has been dissolved and requested that a co.munication be addressed to l{r, Joseph G. Hunter, Chairman, and l{r. Arthur l/. Crump, Burl ingame's representatives on the Conmittee, expressing the appreciation of the Council and the citizens of Burlingame for their efforts in behalf of the local bus transportation situation. l{ayor Johnson responded to inquiries frqn l{r. Richard Broback, membe r of a civic organization, surmarizing the position of the Council and stating that the City of Burlingame is governed by laws affecting General Law Cities, thereby limiting its expenditures with respect to subsidizing transportation I ines. The City ltanager, in referring to the appl ication currently before the Public Utilities Cormission, advised that a nel bus transportation line cannot be granted a franchise until the rrsan llateo-Burl ingame Transit Company resolves its problems.'l Councilman Crosby, referring to the inconvenience experienced by local residents, particularly within the hillside areas of the City, suggested that a conmittee to pursue the subject be appointed at the local level to indicate "good faithrron the part of the City of Burlingame. Council thereafter concurred with the Chair's suggestion that an invitation be extended to l{r. Joseph hunter and to }lr. Arthur Crump to attend the next regular meeting of Council, September 3, 1963. RES OLUT I ONS (Unfinished business) REsoLuTlot{ ilo. 57-63 'rApproving Final l{ap Entitled 'l{ills Estate No. 19, Burlingame, San llateo County, California' and Di recting Execution of Ag reernent to Construct Public lmprovefllentsrr was introduced for passage on motion of Councilman |lartin, seconded by Counci lnran Lorenz and unaninpusly adopted upon Roll Call vote. ORD INANCES None. UI'IF IN ISHED BUS II{ESS I, SENATE BILL NO. 344 The City Attorney was requested to revieu proposed Senate Bill ilo. 3lA, pertaining to a new source of funds for the correction of critical deficiencies in City and County streets for report at the next regular rn€eting of Counci !, SePtember 3, 1963. 2. SAil 'OTEO COUNTY DISASTER PLAN Counci lman George refeired to a prior report on meetings he attended with resPect to the City,s participation in a City-County Civil Defense and Disaster organization and his concurrence with the proposed objectives. Councilman George expressed the opinion that the City of Burlingame should join $rith the seventeen cities within the county to adopt the program and the city Attorney was requested thereafter to prepare the appropriate legislation for Council action at the next regular meeting, Septeober ), 1963. 3. "EQUAL OPPORIUN ITI ES" PROPOSAL l{ayor Johnson reported briefly on a proposal initiated by the President of the United States, submitted by the State of Cal ifornia Division of Fair Employment Practices and endorsed by the San tGteo County Council of l{ayors, June 28, 1953, with resPcct to bi-racial human relations and an rrequal oPPortunities" Prog ram for all people, 314 Hayor Johnson suggested that a special study meeting be scheduled with membersof the Council, the City l{anager and the City Attorney conferring on an appropriate course of action and to thereafter submit a report to the State Department of lndustrial Relations as per its request. Fol lowing a brief discussion wherein the City Attorney advised that it should be first determined 'Lrhat specifically can Council dorr prior to enacting legis- lation, a study meeting was scheduled for Uednesday, August 28, 1963, at 7:30 p.m. 4. LAND usE STUDY (Lyon and lloag Subd i vi s ion ) The Chair acknowledged receipt of a rrLand Use Study, 196)tt of the Lyon and Hoag Subdivision, Town of Burlingame and compl imented the City Planner on the compre- hensive report. Councilrran Lorenz requested that the record indicate his "disagreement wi th a nunber of the sections contained yrithin the report.,' The City Planner advised that the report shal I be studied individually by the members of the Comission with a recofiflendat ion submitted to Council in the near fu tu re. 5. A,{ENDHENT T0 ORDINANCE RE: INCINERAT0RS A comunication was received from the City Attorney, dated August 16, 1963, requesting an extension of time for the examination, study and drafting of an amendment to the ordinance Code relating to the use of incinerators. Council indicated no objection to the request. 6. BEARINT INDUSTRIAL PROPERTY ln reply to Councilman |lartin, the City Attorney advised that more time shall be devoted to the subject of the Bearint lndustrial Park issue when the Burlingame Shore Land Company matter is resolved. 7. R. JOLY DU}IP OPERATOR STAIUS ln reply to Councilman llartin, the City l,lanager advised that l{r. R. Joly is in arrears in his payment to the City in connection with the City Dump operations. The City Attorney was requested to submit a report on the operatorrg contract requ i rements. 8. ExPIRATION DATES OF COilI{ISSIONERS The Chair announced that the terms of several of the Comrissioners have expired and if additional reconmendations to the various posts are not received by the next regular meeting, reappointments shall be rnade from the current roster of names. Alil{oul{cEIENTS The Chair announced receipt of a coormrnication fron llr. A. Jacobson protesting the remval of the trees and islands on Bayswater Ayenue, a letter of coomendat ion to llr. John Calwel l, Euilding lnspector, from H. Kent Atw.ter, Realtor, and a notice of a meeting of the San l{ateo County ayors Council, Friday, August 23, 1953. ACXil OIJLE0GT{E}tTS llayor Johnson acknorrledged receipt of the minutes f roar the Planning Cormission. RECESS A recess was declared by the Chair at 9:30 p.m. CALL TO ORDER The nreeting was cal led to order at 9:45 p.m. PUBLIC HEARIilGS 315 A cofimunication was read from the owners of the proposed Edwards lndustrial Subdivision, Rollins Road, dated August 7, 1963, requesting (a) approval of the length of a pro- posed cul-de-sac and (b) approval thereafter of a tentative map for the proposed subdivision. I. ED}IARDS INDUSTRIAL PARK - TENTATIVE I{AP Proponents having been invited by the Chair to speak first, ,{r. Dennis Hession, oneof the property owners, spoke in behalf of the proposed development. There were no further proponents or opponents to speak verbal ly and no conmunicationgfiled either in favor or disapproval thereof, The City Attorney advised that a review of the ordinance code excessive length of the proposed cul-de-sac nray be considered p rocedu re. ind i cated that the through va r i ance Councilman Lorenz, withdrawing his objection stated at the last meeting of Council, ,noved that a variance be granted to the developers to permit the construction of a cul-de-sac to a maximum length of 350 feet, The nrotion was seconded by Councilman l{art in and unanimously carried. A motion introduced by Councilman Lorenz, seconded by Councilman l{artin, approving the tentative map of the Edwards lndustrial Subdivision on Rollins Road, was unan- irnus I y carried. The hearing on the foregoing was declared concluded. At the request of l{ayor Johnson, Council indicated its approval to the formation of an Assessment District to improve l{arsten Road across Easton Creek as proposed by interested property oirners within the area. gu1 t 1, r.l bl'2, BURLtNGAftE sHoRE LAxo vARtANcES/REcLAsstFtcATtoN llayor Johnson related briefly, the action taken thus far in the matter of the request of the Burlingame Shore Land Company for a reclassification of its property and several variances and stated that the reclassification is contingent upon the approval by Council of the variances and the conditions imposed. The City Attorney reported on the efforts of the technical staffs of the City and the appl icant to forrrulate a rrritten agreement, in tentative form, incorporating therein conditions suggested during the course of the hearings and advising that it vrould be appropriate for Council at this time, to consider the variances and the conditions relating to and effecting each. The City Attorney suggested that the variances be considered separately with the respective condition or conditions clearly defined and the disposition of each resol ved by rpt ion. Through an inqui ry from the floor, comren ted upon by the City Attorney, the Chair announced that the hearing on this occasion would be limited to Council review and action thereafter on the variances requested and the conditions proposed, the public hearings having been declared concluded at a prioruneeting. The variances, in order of their appearance on the appl ication therefor, were reviewed and acted upon as follorvs: I. HEIGHT llr. Cyrus J. ttcltillan, Attorney, representing the appl icant, advised that the originally proposed height of 150 feet has been reduced to a proposed height of l29t 5tt including a penthouse and a mechanical appurtenance. A drawing prepared by the project architect, indicating the new building height was entered as Exhibit l{o. l, dated August 19, 1953. An informal poll indicated Counci lman Crosby, Councilman George and Councilnan Lorenz were not opposed to the height of the structures. Upon being advised, through inquiry, that the reduction in height would not affect the density, Councilman |lartin entered an objection, stating that in his opinion, the structural height of the buildings is excessive for the densi ty area. 316 Hayor Johnson expressed apprehension on the construction of buildings of excessive heights and the desi re that a compromise be reached. Councilman George, at this point in the discussion, proposed to the developer, the elimination of one entire building, or a total of ninety-eight apartments, adding 10,000 square feet for additional parking and recreational facilities and thereby reducing the density of the area. Hr. 0scar Person, appl icant-owner, follorying a brief discussion, congented to the elimination of one apartment building grithin the project. Acting upon advice of the City Attorney that menbers vote on each variance, reserving the prerogative to change at a later date, a poll of Council on the heiqht of the structures was recorded as follovrs: 2. NUHBER OF BU I LD INGS A total of nine, instead of ten buildings, on one parcel of land (thirteen acres) was proposed and a poll of Council indicated no objection, 3. OPEN SPACE The request by the appl icant that no separation be required between residential apartments and accessory buildings, was approved by a unanimous poll of Council. 4. COVERED PARKING SPACES ,{r. HcHi llan advised that the project will conform to ordinance requi reflEnts uith respect to open parking spaces but fails to comply with the covered parking spaces requ i red. Councilrnan llartin called the attention of Council to the design of the parking structures, stating that a view from the apartments wi ll reveal rrblock long walls." llr. Person stated that only four feet of the parking structure will be visable above the ground and will be landscaped to create a rrgarden wall'r effect. A point was raised by the City Planner, concerning the number of covered parking spaces that wi ll be lost and the number of open area parking spaces that wi ll be gained by the elimination of one building, and in reply to further inquiries on this point, Council was advised that if necessary the enti re parking structure wi ll be re*noved to allorv for additional open parking, garden or play areas. Councilman ,{artinrs suggestion that a roof be placed on the upper decks of the parking structures wi th appropriate landscaping, was opposed by Hr. Person, r.{ho stated that his final decision rvould depend upon the final number of conditions that shall be imposed upon the project. A final determination was made to rerpve from the proposed plan as much of the parking structure as possible without altering the 6ne and one-halv to one parking ratio required by ordinance. A poll of Council was recorded as follows: No obj ect ion: Councilman: C rosby-Geo rge- Lo ren z-Johnson obj ect i on: Counc i I rnan: ltla rt i n S ETBACKS A ten-foot setback to include the landscaping of five feet of the City's right-of- way and five feet of the ov{nerrs property on Carolan Avenue and Bayshore Boulevard was approved by unanimous poll of the Council. The City Attorney referred to a series of conditions to be consented to by the orrner-developer, prior to their incorporation into a fofma I ag reernent. Each condition, enumerated on a prepared list, was reviewed by Council at sonp length, with the owner-developer signifying his consent thereafter to the follording: c No obj ect ion: Councilmen: C rosby-Geo rge- Lo ren z-Johnson Obj ect i on: Counc i I men: l{a rt i n 377 PROPERTY REZONEO TO R-4 CI.ASSIFICATION Upon formal approval of variances and favorable action by Council, reclassification of subject property to occur within prescribed limitation of the law; 2. DEVELOP}TENT CONTRACT The execution of a written developrnent contract accePtable to the City Council; 3. WATER t(AtHS off-site water nains and fire hydrants to be instal led at the ownerrs cost and in accordance with the City Engineer's specifications; 4. SANITARY SEUERS Sanitary sewers to be installed at the owner's cost in accordance with the City Engineerrs specifications; a more detailed drawing of the proposed location of the facil ities to be exhibited with the final agreement; 5 . STREET II.IPROVE}iENT As proposed by Counci lman George, Carolan Avenue to be improved from Broadway to Toyon Drive, including street, curbs, gutters, sidewalks, etc., installed at the appl icant's expense and in accordance with the City Engineerrs specifications, (The appl icant, fol lowing considerable discussion on the issue, was granted the prerogative to negotiate with abutting property owners, with the exception of the City, to assume their share of the cost or to initiate Assessment District proceedings.) The Fire Chief, at the request of the Chair, spoke on the current type of apartment structure, stating that the construction is on the whole, of better material; however, in the near future, it wi ll be necessary to request a specific type of fire equipment to provide adequate protection to high-rise apartments. The Fire Chief suggested that the project plans include an on-site water line loop area, for added fireprotection. 0n the latter point, the developer indicated his approval. The Pol ice Chief, also questioned by the Chai r, spoke on the traffic conditions in the area, expressing his concern rrith the current ingress and egress to the area and advising that an additional egress is rnandatory to rel ieve traffic congestion. 5. STREET I I.TPROVEXENT (Cont i nued ) Eayshore Boulevard to be widened ten feet, with curbs, gutters and sideralks instal ledat the applicantrs expense and to the requirenents of the City Engineer; 6. STORI4 DRAINS Storm drains to be installed by the appl icant at his expense to alleviate problems that currently exist in the area; lndustrial Uay to be improved, including the installation of curbs, gutters, catch- basins, sidewalks, paving, in accordance to the City Engineer's specifications, at the expense of the appl icant and dedicated as a City streeti 8. SEUER LINE An easenent to be granted to the City for the existing serve r line; 9. II{PROVEI{ENTS TO BE COITPLETED Contracts to be let for the foregoing improvqrents, in accordance r{ith the City Engineer's specifications, prior to the issuance of building permits for apartment s t ructu res ; 10. colttoN AREA cot{PLETt 0N l{ajor portion of central area of project to be improved and completed prior to Cert i f icate of 0ccupancy; t. 7, INDUSTRIAL UAY 318 II. CITY 8OilD HOLDER The City to be the bond holder on all improvenent work; 12. DEVIATION FRO}I DEVELOPHENT PLAN Prel iminary r\orking drawings to be suhnitted to Council for approval to anydeviation fron Oevelopment Plan prior to the issuance of building permits; I3. CITY RESERVATION TO REFUSE PERI'IIT The condition in the final ag ree!'nen t pertaining to rEterial deviation frorn development plan to be reworded to coincide with above condition, granting Council right to delay the issuance of building permits until altered plans are approved by monbers. 14. CONTRACT TO RUN I{ITH I.AND Contract agreenent to "run with the land;" I5. CONTRACT RECORDED Approved contract to be recorded; I5. SUCCESSORS TO APPLICANT Terms of the contract to bind successors of appl icant; 17. BUILDING REGULATIONS All building regulations to be observed by the developer; ilisPEcTt0t{ cosTs18. Developer to assume cost of plan checking and inspection of on-site and off-site i mp roveanents and structures and to reimburse inspectorrs fees; Developer to resolve drainage problan at the intersection of Broadway and Eayshore Boulevard intersection at his oun expense and improved according to City Engineer's specifications; 20. STRUCTURE CONSTRUCTION L IT.I I TAT I ON The construction of apartment dwellings to be limited to nine; 2I . LANDSCAP I NG The setbacks of five feet (right-of-way) and five feet (ovrner's property) to be landscaped in conformance with recormendation of the Park Superintendent. Councilman lGrtin raised a point previously discussed with resPect to children travel ing to and f rom the project to schools across the rail road tracks and Cal ifornia 0rive. Councitman George, quoting an estirflated tax revenue in the arbunt of $56,000.00, based on the current tax rate of $1.34 per $100 Assessed Valuation and referring to the additional sales tax revenue to be derived frorn the Project by the City, stated that in his opinion, the City is in a position to resolve the issue as it has within other locations of the City. Councilman Crosby concurred with his s tat ement s. The city Attorney suggested to council that a formal vote on the variances be withheld pending the submission of the contract for Council consideration. ln reply to llr. llcHi I lanrs request that Ordinance o. 783 be re-introduced to reclassify the subject property, the City Attorney indicated no objection but suggested that the adoption of the ordinance be withheld until the agreement in its final form is submitted and thereafter approved by Counci l. Council and the developer to reclassify the subject property, the City Attorney indicated no objection but suggested that the adoption of the ordinance be withheld until the I9. ORAINAGE EROADI'AY- BAYS HOR E 319 agreement in its final form is submitted and thereafter approved by Council. Council and the developer concurred. ORDINANCE N0. 783 "An Ordinance Amending Section 1904, Article 50,of the ordinance Code of the City of Eurlingame Dividing the City by Reclassifying Certain Lands of the Burlingame Shore Land Compan lndustrial (r.t-l) District to a Fourth Residential (rulti-ram; ly) ( was introduced for first reading by Councilman George. Part X, lnto 0istricts y F rom a Light R-4) District,' Councilman llartin repeated his previously stated objections to the proposed develop- ment, based on (a) area density; (b) aggravated traffic conditions in the area;(c) inadequate recreational areas; (d) 'rspot" zoning and (e) the failure of the appl icant to meet variance requirements. 3. EL qUANITO ACRES PROPOSED EASEHENT/SUBDIVISION |lr. Louis A. Arata, Engineer, representing the orrner, related the circumstances incidental to the request, the adverse action taken by the Planning Conmission and advised that the existing easement wi ll not provide ingress and egress to Lot No. 5, in a proposed resubdivision of the original parcels, A and D. The City Planner advised of the difficulties experienced in the initial developrnentof the property; the two lots have frontage on Canyon Road and while the existing easement was not essential to their use it was mutual ly agreed to "preserve the amenities and value of the property'r by providing an access easement from El Prado Road. The City Planner pointed out that the two lots may be served by the construction of a roadway from Canyon Road to the respective properties. Following considerable discussion and a conplete review of the request for a resub- division of property and the acceptance of a new easement, Counci lman l{artin nroved that the Council concur with the recqflnendat ion of the Planning Conmission in denying the proposed easement and that the existing one be retained, seconded by Councilman Crosby and unanimously carried. Councilman llartin further moved that Council concur with the recormendat ion of the Planning Conmission and that the request for resubdivision of Lots 5 and 6, El Quanito Acres ilo. 2 be denied, seconded by Councilman Crosby and unanimously carried. Councilman llartin further moved that Council concur with the recoflmendat ion of the Planning Conmission and that the request for a resubdivision of Lots 5 and 6, El Quanito Acres No. 2, be denied, seconded by Councilman Crosby and unanimously carried. The public hearing was thereafter declared concluded. 4. EUGENE c S IGNAROWITZ VAR IANCE (Cont i nued ) The Chair announced the continuance of a public hearing on the appl ication of Eugene C. Signarowitz for a variance to construct a gasol ine station, Peninsula Avenue and Ot{ight Road, from a regular meeting of Council, July 15, 1963. Hr. Cyrus J. ltcltillan, Attorney, representing the appl icant, requested that in view of circumstances whereby several members of the present Council are not eligible to vote on the subject, the col lege property near the site of the proposed gasol ine station has been sold and a rrLand Use'r study of the Lyon and Hoag Subdivision wi ll be reviewed shortly by the Planning Cormission, Council schedule a re-hearing on the subject. Followi ng a brief discussion, the matter was continued to the regular meeting of Counci l, September 16, 1963, at which time a re-hearing on the appl ication for a var i ance would be scheduled. cLA Itts Claims for the l{onth of August, 1963, Nos. 167-341, in the total amount of 9137,085.68,duly audited, were authorized approved for payment. The Chair announced the continuation from the last regular meeting of Council ofa hearing on the request of l{r, John Peyton for a resubdivision of Lots 5 and 6, El Quanito Acres J{o. 2, and a further request that the City quit claim an ingress and egress easernent across a portion of Lot 5 to accept a new easement providing street frontage to Lot No. 5. 320 Payroll lJarrants, |lonth of July, 1963, Nos. 3170-3542, in the total amount of $l 10,336.04, were approved. PAYROLL ADJOURNI'tENT The oreeting thereafter regularly adjourned at 2:00 a.m. Respectfu lly submi tted, HERBERT K.TE CITY CLERK APPROVED: CHARLOTTE JOHNSO}I, HAYOR