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HomeMy WebLinkAboutMin - CC - 1962.02.19408 Burlingame, California February 19, L962 At rrord from the Chair, all the Pledge of Allegiance to ROII CALL in the counci.lthe F1ag. Chamber arose and gave Byrd-,fohnson-Lorenz-[,l.artin-Morgan None a temporary delay in the regular order of to permit Mr. Richard C. Knight, 2727 El Prado acquaint council with the damage to histhe result of recent storm waters- Present Absent Councilmen: Counci lmen: MTNUTES The minutes of the adjourned meeting of February 3, 1962, as sub-mitted to Council were unanimouEly approved and adopted on motionof Councilman Lorenz and seconded by Councilman ,fohnson. Ttre minutes of the regular meeting of February 5, 1962, as submittedto Council were unanimously approved and adopted on motion of Councilman Johnson and seconded by Councilman Lorenz, with an amend- ment that the vote taken on the appeal of E. C. Signarowitz forpermission to construct a gasoline station on R-l property be recorded as "unanimously" carried. STORM DAIIIAGE ON EL PRADO ROAD (EL OUANITO ACRES IT) 1ax in not in his opinion, property, l atera 1ot Ivlayor Byrd announced business proceedings Road, Burlingame, toproperty incurred as Mr. Knight spoke on the concern expressed previously by residentsof EI Quanito Acres No- 2 Subdivision on the manner in which thehillside area was being destroyed and the remedies taken sub- sequently by the City. Mr. Knight stated that during the interim, the construction of additional homes on Summit Dlive has destroyed the normal contourof land thereby creating a new draj.nage problem, Ejarticularly as the "run-water spills on El Proado Road." Mr. Knight described at some length the damage to the sidewaL]< area, the placing of sandbags to alleviate the condition and the general discomfort experienced by his family. Pictures taken of the areafollowing the storm, were referred to, to illustrate the damage. It lras the contention of Mr - Knight that the city r^,axgiving proper assi,stance at the appropriate time and there is "some liability inherent on the issue- " Councilman Martin, speaking on his personal visitation to the advised Councj.l that as a result of the storm d.amage, a sewer has been destroyed, creating further discomfort to the owners the property. In reply to council inquiries, the City l\,lanager stated that the damage- referred to is one of the dangers encountered. wtren developing hill- side and fi.1led-land properties; the issue is whethere there is tiability on the part of the City. The City Manager advised that the property in question contains considerable filled ground and, with the vrater flowing from the hiIls, a "mutual-type" problem has been created; it lvould be difficult to correct the condition unless the soil on the private property is adequately stabilized. CALL TO ORDER A regular meeting of the Burlingame City Council was held on the abovegiven date. Meeting called to ord.er at 8:05p.m., - Mayor Byrd inthe Chalr. PLEDGE OF ALLEG IA}TCE 40e The city l4anager advised that the City is not a "guarantor of any properties, " ho\.rever, the City may cooperate, if it is determined that the condition is one of mutual concern, by correcting the damage that has occurred to the street right-of-way. Ihe City Engineer reported that there have been other slides that have occurred on private property sj.milar to the E1 Prado location. In the instance of the damage on E1 Prado Road, a combination of several circumstances occurred: (1) erosian of a toe of the fill atthe creekr (2) improper fill stabilization installed by others subsequent to street improvements and (3) minor amoutt of waterpercolation under the sidewalk area. The City Engineer stated that the issue wiII require a joint effort on the part of the City of Burlingame and the property owners to replacethe property to a stable position. fhe first step will require somestabili.zation work on the creek bank, by the construction of aretaining wall, piping the creek, etc. fhe upper portion can beproperly repaired trlz the City. In reply to the Chair's inquiries concerning the treatment of the Sub- "division when accepted by the City, the City Engineer advised thatthe Subdivision satisfactorily met the minimum standards of the City. Fhe major portion of the street section is on natural ground and theparticular section referred to is on filled property. Questioned by the Chair, the City Attorney. speaking in general terms on1y, advised also that the City is not a "guarantor" of property and accepts no responsibility unless it is proven that an employeeof the City has been negligent. with respect to the property inquestj-on. if the City wishes to restore the street, it will be necessary that the damaged portion of the property be restored also. Replying to Councilman I{artin'E inquiries, the City Attorney advisedthat the City does not ovrn the land and has an easement for road purposes only; the problem that exists is a complex one and on thisoccasion, he is not in a position to reply to inquiries that mayrequire legal interpretation. A brief discussion initiated by Councilman I{organ on the cost toreetify the damage, the City Engineer stated that in his opinion,the neEessary work would involve a consid.erable sum of money. advisingthat the "best vray would cost approximately $I0,000.00." Councilman Martin, referring to air incident recently occuring in another community, su.igested that the clty l"lanager be instructed to direct city crews to report immediately to the scene of an emergency- A motion was thereafter introduced py councilman !{artin that the City Manager, the City Attorney and the City Engi,neer collaborate with parties concerned to satisfactorily resolve the issue. T'he motion vras seconded \z Councilman Morgan, \"rho suggested that Councilman Martin also be included in the conferences. Ihe motion was unanimously carried. Councilman I'lartin further suggested that the city Engineer investigate the placement of a structure to divert water and silt into the creek at the upstream end of the Ryan property on El Prado Road and to confer with residents on the hillside property aborre El Ouanj-to Acres No. 2 on possible ways and means to alleviate drainagre problems by diverting the run-waters. Ihe subject was declared closed on this occasion. RECES S A brief recess was ehair at 9: 15 p.m. ealled tt 9:1O p.m. and called to order by the COMMUNTCATIONS 1. DISPOSAL PI"AMI FAC II,ITY STANDARDS A communication from the City llanager, dated February 16, 1962, adiised 410 Council of a meeting of the San Francisco Bay Water pollution Control Board of ficj.al-s and officials from the City of Burlingame, whereinthe Control Board indicated that the City is not meeting standardsfor chlorination, dissolved oxygen content and grease discharge on Bay \,vaters. It was further indicated that standards shall be setup in the near future for the sulfide condition of hraters around the edge of the dump, requiring the City to build a berm completely around the durBp and to de-\^rater the area used for dumping purposes. Itre City Managfer further advised that because of the allegations.it will be necessary to conduct a study to meet the specified requirements i it was the recommendation of the City Engineer andhis Office that a proposal be obtained from the City's Consulting Engineers, designers of the sehrer plant. fnquj-ries from councilman Itlorgan were replied to by the City Engineer. who advised that the Consulting Engineers are specialists in thisfield and j-t would be advantageous to the City to engage qualified _experts. The City Engineer advised further that a "cease and d€sistorder" may be issued if the City does not comply with the requestto meet the required standards Further discussion concluded with Councilman ilohnson's motion that the Council concur with the recommendation of the City Manager and thatthe City Manager be authorized to obtain a cost estimate from the Consulting Engineers for presentation at the next regular meetingof the City Council. The motion was seconded by Councilman Lorenz and following a brief discussion on the question, unanimously carrj.ed. A communication from the City llanager, dated February 16, 1962, advised that with the increased development of the Bayshore frontage water landE, the question of drainage has become a matter of concern - Tlhe City Uanager pointed to the fact that the problem is peculhr tothe area, in that the City is discharging into private and public water lands, some of which are currently proposed for filIing,necessitating the development of a plan to adequately resolve the drainage probl-em in the future. lhe Council h,as referred to the proposal of Paul L. Adamson, Con-sulting Engineer, who prepared the City's It{aster Drainage Plan i.n 1954 and who has offered to furnish engineering services for a c-ornprehensive study to resolve storm drainage problem i.n the sumof $1,900.00; fuIl details set forth in his communication of February L4, 1962 - It was the recommendation of the City Engineer and the City Managerthat llr. Adamson be engaged to undertake the study. Questioned by the council on a meeting held on this date with County Planning officials to discuss the City of Burlingame's participationtrith the County of San Mateo in an overall drainage and land use study, the City Manager advised that as a result of the meeting, it was the recommendation of the Planning Consultant, the city Engineer and his office that a study conducted by Mr. Adamson would best serve the interests of the City. Reference h,as further made to ltem No. 5 on the Council Agenda, "Burlingame waterfront comnittee Plan for Use of the City's water- front, " and the request of that committee that its proposed planfor vraterfront development be accepted officially. A motion was introduced thereafter by Councilman Morgrn that the councll concur with the recommendation of the city lrlanager, the City Engineer and the Planning Consultant and that Paul L. AdamEon, Consulting Engineer be emplq;ed in accordance with terms outlined in his communication, dated Eebuuary L4, 1962, and further, that Mr. Adamson be requested to collaborate \rith members of the Burlingame I{aterfront Committee. Fhe motion \^ras Eecond€id by Councilman Lorenz and unanimously carried. 2. BAY FROMIAGE DEVELOPMEIfrIS-DRAfNAGE PROBLEI,IS 471_ councilman Martin moved that the Council adopt, in principle, the plan submitted by the Burlingame waterfront Committee; t that the subject be referred to the Planning Commission; that the latter commission, in the capacity of a controlling agency, collaborate with the Recreation coNnissions of the City of Burlingame and the County of San Uateor and that in the final analysis, a recommenda- tion be submitted to merdbers of the council. Itre motion was seconded by Councilman Johnson and unanimously earried. 3. BROADWAY OFF STREET PARKING PROPOSAL A communication from the City l,tanagrer, dated Febru ary l-6, 1962, advised that a petition has been reeeived from a group of forty Broadr,ray merchants requesting that a ProPoEition from lt'tr. R. L. Abbot, olrner of considerable property on Broadway, offering to Iease to the city, two lots on Broadway for parking facilities, be accepted. An estimate of cost to place Lots 1 and 31 in parking operation, sub- mitted on a previous occasion by the City Engineer, indicated a total cost of $5,700.00. The City Manager advised that taxes on the two lots are over $5O0.O0 per year. Reference was made to the proposal, wherein Mr. Abbot stipulated conditions as foll,orrirs: I 2 3 4 5 6 Five year 1ease, with no renewal optj.on, Itlonth Iy rental of $2OO.O0, with City to assume aI1 taxes; Paving, etc. to be paid for by the City; No meters to be placed upon the property, Maxinum parking limit of two hours; city to assume appropriate insurance coverage t 7. City to maintain lots in good repair ; 8. Traffic flor^r to permit Broadway and Paloma Avenue entrance and exists to Paloma and Laguna Avenues; 9. Right of way to be maintained for access to parking and loading areas on Iots 27, 28, 29 and 30; and 10. Consideration be given to widening Paloma Avenue and the of a triro-way traffic flo1^r from Broadhray to northern boundary Lot No. 26. creationof City council concurred that the Broadway business district is entitled to its share of the Parking lueter revenue; however. questions were raised and concern expressed on the stipulations of the proposition, with discussion centered. particularly on the "five year Iease, " the "nometers to be placed upon the property. " and the " tl.ro hour parking l-imit" clauses. Ihe City Attorne.rr advi.sed that the City may enterinto a lease-agreement on a one-year basis only. A delegation of Broadvray merchants were in attendance to support therequest for the development of Lots 1 and 31 for parking purposes. Mr. Abbot, in reply to Council inquiries, expressed his \^rillingnessto lease the property "with an optj-on to purchase" and to modi fy conditions of his proposal, pointing out that Broadway is seriouslyin need of a centrally located parking area. Councilman Uartin questioned whether additional parking facilities vrere necessary on Broadway and in reply, I{r. Ed Rocca, Broadiraynerchant, advised that initiatory steps have been taken whereinninety percent of the merchants have indicated that the facilitiesare essential. 472 Councilman l{artin stressed the importance of conducting a survey andat the time of approaching Broad\"ray property owners, to have fullfacts and figures available to justify the request for their signatures and endorsement of a parking program for Broadway. Following considerable discussion and referring to Mr. Abbot's state- ments that conditions of his proposal may be modified, Councilman ilohnson moved that the City lrlanager, the City Engineer and the CityAttorney be instructed to compile a detailed report for Councilinformation and to confer further with lrtr. Richard L. Abbot. fhe motion was seconded by Councilman torenz and unanimously carried. (Under Communication No. 2) 5. TEGALTTY OF EXPENDITURE CTTY FT'NDS E(PI,AINED A communication from the city Manager, dated February 15, 1962, advisedof his attendance at a recent meeting of the County Board of Super-visors, scheduled at the request of the County Park and Recreation Comnission and the County Planning Commission to deny !lr. George Keyston's permit to cross eounty property for the purpose of fillinghis waterfront lands in the City of Burlingame. Itre City Manager advised that although a definite plan of the \.rater- front development by the County was not stated, the Pl-anning officialsof the County indicated their desire to confer with the City Planning Comnission to discuss the land use development of the Bay property withi.n and outside the city limits of Burlingame. It was the recommendation of the City Itlanager that a speeific directive be issued to the City Planning and Recreation Commission for their recomrnendations on the position of the City in relation to the overal,l- dcvelopment. Ihere being no objections, the subject was referred as recommended. A communication from the City Attorney, dated February 14, advised in some detail, the legality of the expenditure offor the purchase of meals of representatives in attendance meetings of the North San Mateo County Council of Cities. was acknowledged and placed on file. L962, city funds at regular Ttre report 7. REOI'EST HULSE ASSOCIATES GRANTED A communication from the City Planning Cormission, dated February 16. 1962, advised that the request of Hulse Associates that the City deed a portion of a strip of land used for drainage pipe in exchange for a wider easement for similar purposes was oonsidered and thereafter recommended. for approval by the Planning Conunission at a recent meetinq. Ihe subject was referred thereafter to the city Attorney for thepreparation of the appropriate documents. 8. FIRE DEPARTIVIENI RES fDENCE OUTSIDE CfTY LIMITS Councilman ilo?'nson moved tl:at the Council concur, seconiled by Councilman Lorenz and carried. 4. KEYSTON PROPERTY DEVELOPMEI{T WATER LANDS A communication from the Civil Service conrnission, dated- February 16, 1962, advised that the subject matter of expanding the limits wherein rembers of the Fire Department may resj,de was considered and thereafter unanimously recommended that the decision remain a departmental prerogative . 413 9. REMOVAL OF BERRY BUSHES REFERRED TO PARK COMMISSION A communication from the Bay-ocean District, California Garden C1ubs, Inc-, dated February 4, 1-962, requesting the removal of the Pyracantha berry bushes from parking strips along Highway I0l in North Burlingame, was referred to the Park Cormnission. A letter was authorized to so notify Mrs. A1thea K. Gardiner, Corresponding Secretary of the Garden Club. ].0. BIDS RECEIVED DEMOLITION C TTY-OWNED PROPERTY A communication from the City Manager, dated February 16, 1962, suggested that council establish a policy concerning disposition of city-or^med property at L249 Bell-evue Avenue, adjacent to the Library. Advising that Library officials have indicated the necessity of providing more parking spaces, the City Manager recommended that Council consider (1) the continued rental- of the property pending final formation of the Parking District, or (2) the demolitionof the existing building to provide a parking facility- Tlhe Chair recognized iI. R. Edwards, Chairman, Library Board, on the Library parking problems and the receipt of four bids Board, for the demolition of the building, ranging in price $7OO.00 to $I,070.00. who spoke tty the from Councilman lUartin spoke on the nu ber of factors to be taken intoconsideration, i. e., the personal property available, the number of persons renting the units in the apartment house, tle cost to maintain the property, the number of parking spaces available j,f thestructure hrere removed, etc., and stated that it may be to the City's advantage to delay action for a period of seven or eight months. Follovring further discussion. the subject was referied to the City Manager, with instructions to obtain pertinent information and tothereafter submit his recommendations to the Council. 11. PERSONNEL EMPLOY!4EMT INQUTRY A comnunication from Angelo Dellacasa, 141- Victoria Road, concerningthe status of his application for a position as groundsman in the Park Department, was referred to the City lUanager for a report to besubmitted to Council at the next reg.ular nEeting. RESOLUTION NO. 10-62 "A Resolution of the Cit y Council of the Cityof Burlingame Commending MICHAEL CONDON of Troop No. 10 of Burlingamefor Obtaining the Boy Scouts' Eagle Award" was introduced for passage on motion of Councilman Martin, seconded by Councilman Morgan andunanimously carried on roll caI1. RESOLUTION NO 11-52 ,,A Resolution of the City Council of the City of Burlingame Comnending STEVEN SCIIMITZ of Troop No. IO of BurlingameFor Obtaining the Boy Scouts' Eagle Award,' was introduced for passage on motion of Councj.lman llorgan. seconded by Councilman Johnson and.unanimously carried on ro11 ca1l. RESOTUIION NO. 12-62 "A Resolution of the City Council of the City ofBurlingame ComrEnding DONALD SPLAIN of Troop No. 10 of Burlingame Forobtaining the Boy Scouts' Eagle Award,, was introd.uced for passage onmotion of councilman Lorenz, seconded by councilman Johnson and.unanimously adopted on roll- caI1. RESOTUrION NO. 13-62 ',A Resolution of th e City Council of the City Region,of Burlingame CoEnending the Golden Gate chapter, San Mateoand Bay Area Red Cross Council, for presenting the First CertificatedStandard First Aid Course on Television" was introduced for passage onmotion of Councilman Johnson. seconded by Councilman Lorenz andunanimously carried. ORD INA\ICES None RESOLUT IONS 474 UNFINISI{ED BUSTNESS None NEW BUSINESS 1. APPRAISAL BIJRLINGA.I{E SHOREI"AND CO PROPERTY A memo to Council from the City Manager, dated February 19, L962, advised that a second appraisal of the Burlingame Shoreland company'sproperty estimates the fair market value of the property in the sumof $3o.15O.O0. The City Manager was authorized to proceed with an offer to purchase the property in the sum of $30,675.00. WARRANTS Claims, Nos. 6961-7154, Ivtonth of February, L962, in the total sum of $96,768.91, duly audited, q,ere approved for palment on motion of Councilman Lorenz and seconded by Councilman Johnson. PAYROLL Payroll warrants, Month of January, 1962, Nos. 5711-6169, in thetotal amount of $94,312.33, were approved on motion of Councilman L,orenz and seconded by Councilman Johnson. AD.IOIJRNMENT Ihe meeting was tbereafter regularly adjourned at 11:45 p.m. RespectfuLl-y submitted, HERBERT Ir'IHITE City Clerk APPROVED: LIUL'| LL!" ANDREW C. llayor -) )),. BYRD !?