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HomeMy WebLinkAboutMin - CC - 1979.11.05fi't BURLINGAi"iE , November CALL TO ORDER PLEDGE OT' ALLEGIANCE TO THE FLAG Led by Al-fred J ROLL CALL CALIFORNIA 5, l97g A regular meeting of the Burlingame City Council was held on theabove date in the City Ha1I Council Chambers. Meeting was calledto order at 8:06 P.M. by Mayor Amstrup. COUNCIL MEMBERS COUNCIL MEMBERS MINUTES PRESENT: ABSENT : Palmer, Police Chief. AI\,ISTRUP , BARTON, CROSBY, MANGINT , MARTIN NONE re gular PROCLAMATIOII CARI GOTHAN Mayor Amstrup read proclamation honoring Carl cothan for his 32years of service upon his retirement on November l, 1979. POLTCE STATION The minutes of the meeting of October study meeting of Octbber 915, 1979 were approved and and of the adopted. for discussion of police it be the only subject of study Mayor Amstrup suggested date be setstation corunittee report, and that rneeting. After someat 7:30 P.M HEARINGS 1. APPLICATION FOR PERMIT MOTORS/R & R LEASING, 1037 T'OR USED VEHICLE SALES, COMAROTO CALITORNIA DRIVE. discussion, date was set for Wednesday, November t4, t9j9, By letter of September 24, 1979 Gregory Comaroto, 21 EI euanitoWay, Burlingame; and Mahmoud Zarrehparvar, 2 Eox Lane, San Ansel_mo,applied for permit to se1I used vehicles at this address, vehiclesfor sale not to exceed 20 at one time. Police report of October17, 1-979 noted no objection to this business operation, and amplifiedthat this company had leased property at 401 E. lst Street in SanMateo to store remainder of their vehicles. Report of November 1, 1979 from Fire Chief, after inspection of premises, indicated noobjection to granting of permit. In response to Councif question,City Planner confirmed that this property is zoned C-2 and usedvehicle sales are permitted. He indicated number of vehicles storedcould be checked by staff. Mayor Amstrup opened hearing to the fl-oor. There were no comments and the public hearing was declared closed. Councilman Mangini moved the permit be granted, second by Council- man Martin, carried on unanimous ro11 cal-l vote. 2. APPEAL OF JUNE WISECARVER AND ADRIANA LONZARICH FROM PLANNING COMMISSION DENIAL OF' PERMIT FOR A MONTESSORI DAY SCHOOL AT THE EPISCOPAL CHURCH OF THE ASCENSION, 2720 MARIPOSA DRIVE Before requesting report from City Planner, Mayor Amstrup emphasizedto audience that all documentation previously supplj-ed the Planning Commission in this case and aII material received subsequentJ-y had been transmitted to each individual Council member. 45,t +W 45., City Planner reviewed in detail his memo of November 5, L979 wni-ch presented past and present aspects of this application for rrot-p.6fit nurseiy school at this address for children 2.9 to 6 yeari of age for ln average enrollrnent of 24. Reported, iarticul.riy, were physicil aspects of the site which included imple parking and drj-veway area for transfer of pupils, large priyground t6 be 15' from adjoining property lines, I08 site coverage, good traffic sight distance, and' ample interior building area f5r tfiis operation. Report attached: site plan; air photo indicating relalion of church property to neighboring streets and homes; rlport of August L7, L979 from Chief Fire Inspector with no objections to permit approval subject to correction of three condilions; menno of September 20, L979 from Director of Public Works reporting no objelt.ions on grounds of traffic or sight dis- tances c6nditi6nal to loading and unloading on sj-te; detailed resumes of applicants giving professional qualifications; letter of July 27, lblg from Vicar of Church of Ascension reporting Oiocesin approval of this use. City Planner concluded, "The principal issue raised by this application for a pre-school appears Lo Ue its proposed locat-ion in the center of a single family neighbor- hood which is firmly united in opposition. " Mayor Arnstrup opened public hearing. applicants Wisecarver and Lonzarich addressed Council, describing *rlir motivation as " . . .d.edication to the idea that the future is only as good as the care and education of todayts childrenr" and staling tfr.t this is a community responsibility. Thgy added the Vicar and coigregation of this church had felt it a worthwhile useof an otherwiie empty building, and had investigated their personal back- grounds carefully. MSeS. Wisecarver and Lonzarich, speaking alternately, addressed following concerns of the neighborhood: 1. No children in neighborhood so no need for school: Schools are being closed. Need for early child care is increasing with rising perc6ntage of women forced to work because of economic pressures. 2. Traffic: City traffic study shows no significant impact' Staggered hours of arrival. Caipooling will be encouraged' Will never be onstreet Parking. 3. Noise in residential area: Children will not be in yard before I0 A.M. Not all- out at same time. Elementary schools are in residential area. Noise of this school is not comparable. Is noise of srnall children a detriment in residential area? 4. Comrnercial business in profit in order to be in a but private individuals. residential area - School must be non- church. This is not a franchise operation 5. Shoutd rent space in public schools: Public schools too big and institutj-onal-ized-. Frighlening environment for very young children. Rental of private homes nearly impossible. 6. Precedent-setting in residential schools already in residential areas, than detrimental, effects. 7. School- wi-II exPand if it gets 30 SF of area for each child. No B. View will be sPoiled: Church be 5' wooden playground fence. Proponents listed nursery their beneficial, ratherarea: and foothold: By State law must have room for expansion. is already there. OnlY change will Vj-car Albert G. Colburne, Church of, the Ascension, spoke in favor of this nursery school, stating he regarded this as a highly important issue. He confirmed proponents' refutation of neighborhood claims. He particularly emphaiizea tfre role of churches in neighborhoods as being gathering pfaces for many types of activities including, in many "rse6, parochiil-school-s and church nursery schools. FIe pointed out FxEt7.FFrVr-rrFlY|l.I lilrwtrrtlnFt.l.flts !!,.rr-tff 45e45. After a short recess at 9:15, the meeting reconvened. Councilwoman Barton, remarking on difficulty of the ilecision, noted her negative vote on the True Learning Center at Washington School because of neighborhood opposition. However, this school has proved to be satisfactory. She stated she had inspected the site and could see no problem with parking or traffic. Addressing the noise ob- jection, she stated she understood; but questioned where the right location for children would be - Ef Camino Reat? Next to the freeway? She noted that Temple Sholom near this area has a nursery school and there are no objections. She was in favor of granting this permit with Planning Commission conditions. Councilman Mangini acknowledged his partiality as an educator, but stated he agreed with Councilwoman Bartonts statements. He noted that afmost every church has some kind of educationf program, and this church would get one he considered in keeping with the role of the church in the community. He adtled he was not unmj-ndfu1 of the neighborhood's opposition, but thought that, with all the conditions imp5sed, the use-wou1d be acceptable. He stated he would vote for it. Councilman Martin questioned detai]s of the application: Traffic: Received assurance from Director of Pubtic Works that traffic would not be a problem with site loading and unloading. Non-profit status: City Attoiney confirmed letter had been received from applicant's attorney reporting non-profit documentation underway. Financial proof of non-profit: Mrs. Wisecarver submitted projected budget for first months operation showing minimal net profit' opp5sition of entire neighborhood: Councilman Martin suggested pLisibility of peer presiure in this instance. Playground noise affecting )ZOO t'larj-posat Proponents agreed to longer ptay yard 17L' wide j-nstead of 35' wide adjoj-ning this property. In view of the above facts, Councilman Martin was in favor of the permit, adding his opinion that children woul-d not devalue property, i." urriitl"d fo the iame rights as adultsi and a neighborhooil that has no small chil-dren is lacking in substance. Mayor Amstrup deelared his firm opposition to this permit because the neighborhood was against it; and, while he approved of the Montessori metf,od, the church] and the children, he considered his responsibility these are legitimately a part of a church's program; and activitiesare not confined to Sundays. The Vicar told Council he had a letter from the Chancellor of the Diocese enclosing draft contract for the school with numerous requirements. If any are violated the school may be terminated by the church on 30 day's notice. Mrs. Steve McCarthy, 3111 Rivera, stated she was a parent and a teacher and spoke in favor of the school. She noted that 408 of all mothers in the workforce have pre-school age children. Mr. Earle Erickson, 2805 Las Piedras, spoke at length against this use, stating all of the neighbors in the immediate vicinity opposed it because of the commercj-a1 aspect, playground noise, and bad effect on the value of homes. He offered Council an additionalpetition representj-ng a total of 55 households objecting to the school. He particularly focussed on the fact that there are no children in the vicinity of the church and it does not benefit the nej-ghborhood, but rather, children coming from a distance. He noted that families with sma11 children cannot afford the price of property in this neighborhood. James Koras , 2853 Mariposa, opposed permit on the basis that it is a commercial enterprise, stating it is not a parochial school anil has no right to be in an R-l neighborhood. Reynaldo Pepi, 2812 Las Piedras, opposed the application on the grounds of traffic and damaging effect on property values, suggesting applicants might not maintain the property. There were no further comments and the public hearing was declared c 1osed. 4ffi 45 was to the neighborhood. Councilwoman Barton moved that the appeal be granted subject tothe three conditions of the Fire Department and the seven planning Commission conditions, (both as noted in the City Planner's memoof Nov. 5, 1979), and with the provision that the play yard berelocated to conform with the al-ternate plan presented during theCity Council's public hearing, permit to- be r-eviewed in one year. Second. by Councilman Martj-n, carried on following ro1l" call vote: AYES: COUNCILMEMBERS: BARTON,CROSBY,MANGINI,MARTIN NAYES : COUNCTLIVIEMBERS: AMSTRUP COMMI]NICAT I ONS 1. DIRECTOR OF RECRXATION TO CITY MANAGER: ORGANIZATIONS TO CITY DONATTONS BY NON-PROFIT Letter of October 24, L979 listed these donations: Burlingame Junior llomanrs Club - $2,000 to purchase baseballscoreboard for Washj_ngton park ballfieId. Burlingame Rotary Club - $f,134 to purchase park picnic tablewith benches for Washington park. City Manager's endorsement of November I, Ig79 noted letter ofthanks r.rould be sent to donors upon Council approval . Council noted donations and approved. Memo of October 18, 1979 -from City Attorney reviewed necessityfor staff car for sma11 departmenis such a-s Finance, efanningand.City Attorney, since City cars in public Works are not alwaysavailable nor are they in good condition. He proposed retentionof police vehicle which !,ras scheduled to be trldeb in on ,ewpolice car. He detailed pool car costs, existing cost ;f piirratevehicles used by these departments, and inconve.rience or p'resentmethod. By memo of October 30, 1979 City t4anager recommend.ed approval ofretention of this vehicle for this puipose. Council had no objection to this proposal, and City Manager wasinstructed to proceed with this mitter. 2. CTTY MANAGE R TO HALL STAFF CrTY COUNCIL: POOL CAR FOR CERTAIN CrTy 3. CITY MANAGE R TO CITY COUNCTL: CITTZENS' PETTTTON RE: ELCAMINO/ADELINE ,/oxFoRD-cAruBRrDGE rlrrERSECTroNS 4 CITY DIANAGER TO CITY COUNCII,:ENERGY CONSERVATION PROGRA}4 ].. 1979 SEVIER REHABILITATION JOB NO. 812 RETENTION OF T'UNDS city Manager's memo of october 30, tg7g attached petition containing74 names from Cambridge, Oxford, and Highway Road asking ttre Cityto extend island di.viding El camino and-aighway Road to block oxfordand cambridge and northern entrance to Higiway- noad, ai i "orotio,to a major traffic problem. city Manager sugges+-ed this be referredto Traffic, Safety and parking Commission. Council agreed, and Mayor directed petition be forwarded to thisCommi ssion. city.l{anager's memo of November L, rgTg with attachments, reported.on Cityts energy conservation program which has resulted'in aconsiderable saving. Council expiessed appreciation. CONSENT CALENDAR Memo of October 31,of retention fee on fron Sr. Civil Engineer requestednearly completed project from 10* 197 9 thi s reduct ion to 5?, or 454 45t' Memo of October 30, L979 from Sr. Civil approval of this final map. Conditions been met. Engineer recorunendedof tentative map have 3. ENCROACHMENT PERMIT 2 716 MARTINEZ DRIVE Memo of october 30, 1979 from Sr. Civil Engineer attached plan and photo of concrete block wal1 constructed at this location without building permit. He recofiunended approval of encroach- ment permit subject to specified conditions. 4. RESOLUTIONS a. "ESTABLISHING PROCEDURES FOR COMMISSIONER APPOINTMENTS . ,' 82-79 "AUTIIORIZING EXECUTION O!' COST SHARING Mayor Amstrup requested this item be taken off consent calendar pending dj-scussion. He objected to provision that one term ioulal be counted if a commissioner was appointed to filf out an unexpired term with more than t the term remaining. After some disci:ssion, Council agreed this provision coufd be rewritten. City Attorney stated he would redraft. This item removed from consent calendar. b. RESOLUTION NO. 79-79 "FIXING ASSESSI4ENTS FOR SIDEWALK REPAIRS.'' c. RESoLUTION NO. 80-79 'ACCEPTING GRANT DEED FROM BURLINGAME SCHOOL DrsiRrcr. ' d. RNSOLUTION NO. 8f-79 ''ACCEPTING DEED OF EASEMENT (126I BALBOA AVENUE).' RESOLUTION NO. AGREEMENT -BURL INGAME LANDSCAP ING,. g R.ESOLUTION NO. 84-79 "AUTHORIZING EXECUTION OF AGREEMENT FOR CATV CONSULTIN G SERVICE WITH GEORGE L.PAGE . " f. RESOLUTION NO. 8 3-79 BURL INGA.I4E LIONS CLUB UNFINISHED BUSINESS PARK AND RECREATION COMMISSION BAYFRONT HEIGHT LIMITS Mayor Amstrup of WednesdaY, RESIGNATION OF COMMISSIONER .'AUTHORIZING EXECUTION OF LEASE WITTI OF AMERICAN LEGION HALL " Councilman Crosby moved approval of consent calendar with ex- ;;pti;; or commi-ssiot " t"i-o1otion, second by councilman Mangini' carried on unanimous ro11 call vote. councilman Mangj-ni and councilwoman Barton recommended the following p""pr"tofillvacanciesonthiscommission:DennisHuajardo,Scott i<ahi, and Dorothea Hughes' who had asked for transfer from Civil Service Commission. Council had no objectj-on. Mayor Amstrup appointed the above people to this commissioi, and reque;ted Mrs. Hughes be instructed to re- sign her Present Post - announced this would be discussed at the study meeting November 7, L979. Mayor Amstrup acknowledged letter of resignation from Park and Re'creation dated octobei 26, IgTg from charles J. Brickley, Jr. n"-i"qr.=t"d City Manager write letter of appreciation of Mr' Brickley's services. $24,650, since only $14,000 worth of work remains. 2 . CONDOM] NIUM MAP - 12 2 O PAI,O},IA AVENUE 4s NEW BUSINESS 1. TRANSIENT OCCUPANCY TAX APPEAL Letter of October 18, 1979 from firm of Hel1er, Ehrman, white &McAuliffe appealed decision of City Treasurer regarding transient occupancy tax fiability of Hyatt House Hotel and Pan AmericanAirlines for the period January l, 1979 through June 30, 1979. Mayor Amstrup set hearing for this appeal for meetj-ng of December3, 1979. 2. EXPIRATION OF TERM OF OFF'ICE, MOSOUITO ABATEMENT DISTRICT TRUSTEE, ARTTIUR H. }JELSON Letter of October 19, from Clerk of the Board, San Mateo County Mosquito Abatement District advised of expiration of the term ofArthur H. Nel-son on December 3l , 1979. Councilman Mangini movedMr. Nelson be reappointed, second by Councilman Martin, There were no Council objections. Mayor Amstrup announced the re- appointment of Mr. Nelson. 3. CITY HALL TREES Mayor Amstrup announced that three trees, donated by the \"/ould be planted at City Ha1l at 10:00 AM on November 7, diseased elms. Lions C1ub,to replace ACKNOWLE DGEMENTS 1. Letter of October 16, 1979 from San Mateo County City Selection Committee announcing vacancies on Transit Boaral of Directors.Council agreed to endorse Al- Teglia and Frank Anzaria. 2. Letter of SeptefiI])er 30, 1979 from Royal Racquet C1ub, 1718 Roll-ins Road re their grand opening. 3. Letter of October 4, 1979 from Congress of Elected Officials, 555 Veterans Boulevard, Redwood City re P G e E Energy Savi-ng Program. 4. Letter of october 77, 7979 from Peninsula Industrial & Business Association re change of name from Peninsula Manufacturers Association. 5. Memo of November l, 1979 from Cj-ty Attorney regarding Washington Park lighting lawsuit. 6. Memo of October 23, 1979 from City Attorney re Burlingame Avenue Parking District. 7. Letter of October 25, 1979 from Richard A. Dunbar, Postmaster, commending Chief f'red Fricke and his firefighters for action at Stanton Annex of Post Office. 8. Letter of October 30, 1979 from Robert Gans, Presid.ent, Burlingame Gate Improvement Club, 11f2 Carnbridge Road comrnending Park Director John Hoffnan in his work l.ri'th Dutch El-m disease. 9. Letter of October 18, 1979 fror,r Grace Swan, 431 State Street, San Mateo complaining about conditi"ons on Burlingame bike path. City ltanager was requested to investiqate. 10. Letter of October 7, 1979 from Orj-n C. Fields, Burlingame resident comnending Phil Benker and Tony Firpo, Street Dept. fortheir work. 11. Letter from Steve Gustafson. 525 El Arroyo, Hillsborough,re Bayfront height. 12. Memo of November 7, 7979 from Finance Director transmitting Audj-t report, audit management letter, and Finance D'i-rector re- sponses to management letter. Mayor Amstrup colunended Finance Director on his work. 13. Letter of October 2]-, ]-979 from Mr. & I\ts. Michael Dower, 459 }{arin Drive, re Bayfront heights. 45S 4€,& -1Ss zl zLzZ Evelyn . Hill City Clerk ADJOURNMENT Meeting regularly adjourned at 10:10 P.M.