HomeMy WebLinkAboutMin - CC - 1979.08.20#6
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CALL TO ORDER
BURT,INGAME, CALTFORT{IA
August 20, 1979
Burlinqame Citv Council was held onHaII Council Chambers. Meeting was
requlara,/me5ting of thedate in the Citvorder at B:10 P.M
the above
ca1Ied to
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by John R. yost, City planner.
ROLL CALL
COUNCIL MEMBERS
CC UNCIL MEI,IIBERS
MINUTES
PRESENT:
ABSENT:
AMSTRUP, BARTON, MANGINI, I4ARTIN
CROSBY (excused - vacation)
The minutes of the special meeting of Julyof August 6, L979 were approved and adopted
30 and regulameeting
RENT CONTROL INTTIATIVE
CERTTFICATE OT' SUT'FICIENCY FILED BY CITY CLERK
Mavor Amstrup announced that Council had certificate of sufficiencysigned by the City C1erk stating that initiative by the "Concerned.Renters of Burlingame" had. sufficient signatures to be put on thebaIlot. He identified Council's possible courses of aclion as:
1. By Council vote put the initiative into City ordinance form.
2. Put initiative petition on the ballot.
3. Put Council ordinance or some other item on baIIot.
It'lalzor Amstrup then invited Council comments on the initiative itself .
Councilman Mangini stated he did not want the Council to accept thisinitiative as law because he thought it unfair, too restrictive, anddictatorial. He would rather have the electorate vote on it. Council-
members Barton and l4artin agreed.
Mayor Amstrup spoke to the point made by some citizens that the Councilcould save the cost of this special election by adopting this ordinance.He said he thought the citizens had a right to vote on it. He did notapprove of it as written because many sections are a violation ofAmerican riqhts. In effect it was "Laxation without representation",
and he intended to fight it.
Councilwoman Barton summarized the situation - the Council will haveto put the initiative on the baIlot since thelz do not wish to adopt it.
Mayor Amstrup then asked Council opinion on alternate City ordinanceor statement for the baIIot.
Councilman Mangini suggested giving the voters a chance to vote on
whether they would or would not want rent control. Councilwoman
Barton approved this idea, saying she would be much opposed toCouncil putting their own ordinance on the ballot. She was againstrent control, and she did not want the City ordinance on the ballot
because people would say the City was backing rent control.
Mayor Amstrup approved putting on the ba11ot the question of whetheror not to contro.! rent and- asked C-ttrz .Dttornev ror an appropriate
statement. Citv Attornev suggested, "The City of Burlingame sha1l
adopt rules and procedures for the establishment of rent controls
and regrulations. " fhere followed dialogue regarding the exact wordingof the ouestion, with final Council acrreement on the above.
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Councilman Martin questioned how people would know what "ru1es"
would be adopted if thelz chose establishment of rent controls.
City Attorney stated the City would have hearings on regulations
to be adooted.. Councilman l4artin considered that having thisquestion on the ballot was an unfair attack on the problem. He
thought it would merely confuse voters, particularly when some
Council members expressed hope for a rlnorr vote. He stated he
would move that Council put its alternate ordinance on ballot.
There was Council discussion of this statement and explanation
by the City Attorney of the numbers ratio necessary to Dass
either the initiative or an alternate.
Councilman Martin again objected to the ambiguity of the guestion
on the ballot, noting that if Council wanted a "no" vote it should
be so phrased. He noted the improving effect of the Council draft
orclinance on the renters initiative, which was changed in Some
areas.
Mayor Amstrup and Councilwoman Barton both objected that th
electorate should have the opportunitv of deciding on rent
e
control.
the
floor.After further discussion, there was Council agreement to
guestion on the ballot. Mayor Amstrup opened meeting to
put
the
Joseoh Karp, business address of 1103 Juanita, d-'i-scussed at length
reasons why the Citv should not be involved in outtinqr a statement
on the ba11ot. He stated he was freezing his rents voluntarily.
He did not thj-nk the rent initiative would Dass; but if it did,
landlords would raise IegaI issues with it, and then the propertlz
owners could put another-ordinance on the balIot at a later date.
He stated there were not many instances of abuse of rentals in
Burlingame, and that this issue was sunported by out of town in-
fluences. He stated the 1egal Aid Society attorney, representing
the renters, informed him tfie purpose of the San l'lateo Housing
Coalition is to build 1ow and moderately priced housing- Mr- Karp
ouest.ioned what this had to do with rent control.
Mealo Jakovina, 1601 S. Grant, san MateO, Owner of business in
Burlingame, *i= i.gainst rent control because it would mean complete
control of one seiment of society, while everybody, else could run
their business without controls.
A I{r. p.obinson, 701 RoIIins F.oad, identified himself as a renter
and a consultant with Governor Brown's Task Force on Neighborhoods-
He stated r"""g-people and people on fixed incomes could not afford
to live in comiunities like eurtingame, and the health of neighbor-
hoods depends upon harring al.l segments of societv represented. rn
response to queition from lr{ayor Amstrup_ of how rent control could
help fixed income peoole wfrei rents will be raised yearly possiPfy
72, he responded tiiat most rent increases have been more than that'
He added that I{r. Karp was correct - there would be outside in-
fluences. The City would see a tremendous amount of money being
spent by realtors to telI people how to vote'
Gene Hern | 1229 Floribunda; and Alex Hansen, 1515 Highway Road,
spoke against rent control-'
I,'tadelyn salerno . IL2O EI Camino, said her rent had been raised 55% '
Mrs. Antonio l,IcPherson, 1608 Howard, real estate salesperson, spoke
;;;i";r-;;;a control as a native of sweden where it is practiced
David Keyston, Anza Liquidating Trust, was opposed to rent cont.rol,
stating Lfre only solution was more and better rental units'
John Cockcroft, realtor, L25O "Tackling Drive, stated he did not
think City Council had any right to include any statements or
orclinances on the ballot Lo confuse the i-ssue on rent control. FIe
said he would work to see that the initiative did not pass, and
aqain asked Council not to include any statment on the balIot.
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Anna Bruce,
anything on
There were no furtherclared closed.
comments, and the public hearing was de-
AVR Realty owner, also asked Council not to includethe ba1Iot, stating Burlingame's rents are not high.
rn summation, Mayor Amstrup stated council had been asked notto 'confuse the voters, by putting anything on the ba11ot; andcommented they were trying to represent both sides of the issueand not confuse anyone. He stated his own opposition to rentcontrol and, in particular, the argument it is for the sake ofsenior citizens, since he could nol see any help it would qivethem. rt would create a new bureaucratic layer-of giovernmentin the City.
councilman Barton again stated her opposition to rent contror,noting extremel.y high prices of goods and services in socialisticcountries resultinq from Government controls. She approved outtingthe initiative on the baIlot without anything from tirl City.''
councilman Mangi-ni agreed to this method of simplifying bal1otissue.
Councilman Martin stated he would qo with the majority of theCouncil on this; but stated his reason for wantiig th6 Citvordinance on the ballot was so the voters would hive a good choice.He hoped the initiative would not pass, but warned that over hal-fthe rental units in the State are under rent control and he thoughtit was augured for the future.
RESOLUTfO\I NO. 6l-7 9 "CALLf]\TG SPECIAL ELECTION ON RENT TNITIATIVEAND C ONSOLIDATINTSAID SPECIAL ELECTTON T^IITH THE STATE SPECIAL
oh,ELECTION" was introduced by Councilman l4anginj_ who moved j_ts adoptisecond b1z councitman Martin, carried on ;;;;i;";=-r"ir car] vote ofmembers present. Mavor Amstrup introduced county supervisorEdward J. Bacciocco }r. who spoke to Council on i pilposea plan forcounty-wide panels composed of landlords, realtorsl "ira renlers formediation of rent disputes.
RECESS
After a short
HEARINGS
1. APPEAL OF T{II.LTAM O ' BRIEN
VARIANCE FOR THE PROPERTY AT
recess at 9:45 p.I{. the meeting, reconvened.
FROM PLANNING COMI4ISSTON DENTAL OF'2727 I\IARTINEZ DRIVE
city Planner reviewed his memo-of August 20, lgTg reporting onapolication for variance of 3r6,' frori 20, average setback onMartinez Drive. This would apply only to the south front cornerof the house, olaced at an angle"on the 1ot to accomodate largeswimming pooI. Deed restrictions in this area provide for 15'front setback. He reviewed the four conditions for a variance,noting that the last two are definitely met.
Mayor Amstrup opened public hearinq on this aopeal.
I{r- Ralph Button, designer of the house, spoke on behalf ofMr. o'Brj-en. He focused on the need for a large house with allthe bedrooms on one floor because of the thre6 children and theneed for a swimming pool because of l4rs. o'Brienrs back injury.He presented Council with a map colored to show setbacks on aifsides, and stated that because of a drafting error the varianceneeded to be for on11z 24, raLlner than 34, . He gave reasons whymoving the house in different locations on the 1ot would not -gi,r"
the desired setback. Mr. Button then quoted Code Section 25.62.020which states the setbacks shown on subdivision maps sharl beapolicable regardless of anything to the contrarl7'. City Attorneyreplied that if the Citlz has a more restrictive ordinance, thatprevails over the subdivision setbacks.
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There were no further comments and the public hearing was
declared closed.
Councj-lman Martin and Mr. Button explored various methods of
increasing setback, j-ncluding taking smal.l area from the entry
and hall. Mr. Button did not agree. Councilman Martin re-
marked the ordinance regarding averaging setbacks should be
rewritten because one person could influence the whole block.
He also thouqht the present issue insignificant.
Councilman t{artin moved the Council sustain the request for
17t6" setback subject to Mr. O'Brien's acquiring title to 10'
easement bisecting the property. Second by Councilwoman Barton,
car.ried on unanimous ro11 call vote of members present-
RESOLUTION: "VACATING AND ABANDONING WALK BETWEEN LOTS 6 AND 7,
EmtfTa, UrLLS ESTATE No. 11. "
City Attorney explained this is a 10' unused walkway owned in
fee by the City and used for a sewer 1ine. He suggested the
easement could be given for the cost of appraisal. because of t-he
value of the sewer easement. C discussed the Possible land
value of this easenent, and decided not to make a decision on any
sort of payment until it had been appraised.
Mr. O'grie-n addressed Council to the point of payment, stating he
had made an agreement with the Park Director regarding the 1!' of
City owned land to the curb line on Mills Canyon Court on which
City landscaping would be destroyed by grading. The agreement uras
that the City would replace landscapi.g, and Mr. O'Brien would water
and maintain it.
Director of public Works said that the property owner would need to
work in the 14 ' street area and the Park Director agreed to it if
the owner replaced and maintained the landscaping. At no time was
that landscaping maintenance considered as reimbursement for the
right of way.
There was Council discussion of this tangential agreement, but decision
not to accept this as payment for the easement.
Councj-lman Martin amended his motion to approve variance to in-
clude the condition that the City landscaping on the 14 ' strip
on Mil1s Canyon Court be maintained by Mr. O'Brien. Second and
Council accepted the amendment.
Mr. O'Brien was directed to discuss appraisal and maintenance of
landscaping with CitY AttorneY-
2. APPEAL OF THOMAS A. GALLAGHER,
GRANT OF SPECIAL PERMIT TO DYNIQUE
JR. FROIq PLANNING CONIIVIISSION
OF SAN FRANCISCO, 330 PRII'IROSE
ROAI)
City Planner reviewed his report of August 20, L979
p"riit to operate training programs atq seminars in
in the Crocker Bank Buitding at 330 Primrose Road'
with these five conditions:
on this special
a 3,500 SF office
This was approved
1. that the permit be approved to Dynique of San Francisco,
and be non-transferable;
2. that the operation of this business be consistent with
the writtei-r materials and plans filed with this application.
3 that aI1 weekday classes and programs between the hours
of 8:00 A.M. and 5:00 P.M- be limited to a combined
total of 5 students with cars;
that the building requirements
l-979 memo from the Chief Fire
and
identified in the JulY 9,
Inspector be met satisfactorilY,
that this permit be reviewed in six months, and be subject
to possible modification at that time-
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Dynique will have a ful1 time staff of seven employees. This
special permit was appealed by letter of August 9, 1979 from
Thos. A. Gallagher because it would impact City parking.
Mayor Amstrup opened the public hearinq. There was no audience
response and the public hearing was declared closed.
Councilwoman Barton, remarking she saw no problem with this,
moved to uphold the Planning Commission decision with the fiveconditions. Second by Councilman l4angini.
Councilman Martin and City Planner discussed at length the
enforcement of the conditions of the permit, especially #3.
Mr. Dan Se1va, representing Dynique, addressed Council, dwelling
on his hopes for success in this business and the necessity for
complying with the conditions to have it become permanent, andthe amount of his investment.
Motion carried on unanimous ro11 call vote of members present.
3. ADOPTION OF OPERATTNG BUDGET FISCAL YEAR ENDING JUNE 30, 19BO
Mayor Amstrup reviewed Finance Director's memo of August 10, L979explaining this $15,386 ,754 budget includes $10,333,871 operating
budget and $5,052,883 for capital projects. Property tax re-duction, in the form of 5.752 credit on tax bills to property
owners, in the amount of $6001000 from this year's and last year'sState "bailout" funds was also noted.
RESOLUTION NO. 62-79 "ADOPTING OPERATING BUDGET CITY OF
EAR ENDING JUNE 30, 1980" was introducedby Councilman Martin who moved its adoption, second by Council-
man Mangini, carried on unanimous ro11 call vote of members present.
4. FTXTNG ASSESSM.ENT FOR I^TEED AND RUBBISH ABATEMENT
Mayor Amstrup ooened public heari-ng on this matter. There wasno comment and public hearing was declared closed.
RESOLUTION NO. 63-7 9 ''FIXING ASSESSMENT FOR WEED AND RUBBISH
ABATEMENT" wes introauced b1z Councilwoman Barton who moved itsadoption, second by councilman lrlartin, carrj-ed on unanimousro11 call vote of members present.
APPLICATTON FOR PEFMIT TO CONDUCT AUCTIONS, TAIT
L2O9 HOWARD AVENUE
AUCTION STUDIO,
By lette:: of August 6, 1979, Douglas B. price , t2o9 Howard Avenuereguested auctioneer's license for Tait Auction studio, rnc.formerly "Edwards of London, rnc.". He stated he and Mrs. R. w.Driscoll had purchased this business on June L, L979, and it wastheir intent to revert the business back to the original conceptand operation used by the original owner, Mr. Carl Tait. Hedescribed operation, which would include a planned auction approxi-mately every three weeks.
Reporr- of August 15, L979 from police Servicesaoproval of the application. Councilman }{anqinipermit second by Councilwoman Barton, carried on
members present.
CORRESPONDENCE
Bureau recommended
moved approval of
unanimous vote of
1. APPEAL OF SPECIAL PERMTT BY PLANNI}trG COMMISSION ON HOLIDAYINN. CLAUDIA HANSON , L4l4 PALOMA
Mayor Amstrup set this for hearing on September 4, 1979.Council will be facing a decisj-on on tallest build.ing inand asked that potential candidates for Council for nextthe benefit of their thouqhts.
He noted
Burlingame,
year give
2. GREGORY H
APPEAL HEARIN;
OF VARIANCE TO
AND LYNDA H. GOMES, l-92O DEVEREUX DRIVE, REQUESTING
BEF'ORE CITY COL]NCIL O\] PLAI$NING COMMISSIOIq DENIAL
EXTEND EXISTING GARACE.
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Mayor Amstrup set this for hearing on September 4, 1979.
3. PAOLA R. BRUNI REOUESTIITG APPEAL HEARING FROM PLANNING
COMMISSTOI! DENIAL OT'VARIANCE TO CONSTRUCT STORAGE SHED AT2329 RAY DRIVE.
This was also
Amstrup.
set for hearing on September 4, L979 by Mayor
STAFF MEMOR}.NDA
1. CrTY MFNAGER REPORT ON 7-11 STORE, 975 ROLLTNS ROAD
City Manaqer reported on extension of special permit, 24 houroperation 7-11 Store, by memo of A.ugust 16, 1979. Iqemo attachedreport on police activity and recommended the permit be continued.
Councilwoman Barton questioned Acting Police Chief closely on thetime of incidents reported - whether many were after 11:00 P.M.
and why so many were false alarms. Acting Police Chief confirmedthat majority of activity was before 1I:00 P.I{., and alarm systemswill sometimes malfunction.
City Planner explained the original permit was a variance. When
City was informed of 24 hour operation, it was treated as a specialpermit and granted six months ago with condition of review in 6
months.
Councilman Martin pointed out that in time there could be a dif-
ferent store operator. He thought it would be clearer if the
whole operation were under a variance. He suggested the 24-hour
operation be extended but the matter of variance be reviewed.
Mayor Amstrup stated this would be postponed to meeting of
September 4, L979.
2. CITY PLANNER: ENVIRONI{ENTAL IMPACT REPORT FOR. PROPOSED
HOTIDAY TNN PROJECT, 600 AIRPORT BOULEVARD
City Planner memo of August 20, 1979 transmitted this final EIR,
with a recommendation for its approval.
EIR was scheduled for hearing on September 4, L979.
CONSENT CAIENDAR
1. ENCROACHMENT PERMIT 2129 POPPY DRIVE
l{emo of August 16, 1979 from Director of Public Works recommended
encroachment permit to install fence six inches from back of
sidewalk "
2. ENCROACHMENT PEB}IIT, 866 MALCOLM ROAD
Memo of August 16, L979 from Directo:: of Public Works recommended
encroachment permit to construct a wooden entrance canopy over public
utilitlz and wire clearance easements.
3. RESOLUTTONS
a. RESOLUTION NO. 64'7 9 "FIXING TAX RATE FOR THE CITY OF
FISCAL YEAR ENDINGFOR THE
RESOLUTION NO. 65-79 ''PROPERTY TAX REDUCTION BY CITY
OF BURI,INGAME FOR 1979-1980 FISCAL YEAR''
RESOLUTION NO. 66.79 ''RESOLUTION AUTHORIZING EXECUTION
UO. 3 TO }4}STER AGREE}4ENT NO.
04-5171 I,-ilITH STATE OF CALIFORNIA FOR RAILROAD ADVANCE
hIARNING SIGNALS I'
d. RESOLUTION NO. 67_69 ''RESOLUTION FIXING AND ESTABLISHING
AND RELATED PROCEDURES''
BURLINGAME DEBT SERVICE
JUNE 30, 1980"
b
c
VTATER RATES, CHARGES
E. F 7wtrE-q!-.vFhrr*-rwr trryIlTF-ffit.rf, rtr r-r*tlli|tl!i!r!!t
le*
418
Councilman Mangini moved approval of consent calendar second
by Councilwoman Barton, carried unanimously.
ORDINANCES SECOND READING HEARING
1.
AND
ORDINANCE NO. 1155 ''ESTABLISHING IdASTE VIATER COLLECTION RATES
CIIARGES ''
Director of Public Introrks explained details of this ordinance
which establishes different rates for single family residential;
multi-family residential; restaurants, cocktail lounges, etc;
and other commercial.
Mayor Amstrup opened publicpublic hearing was decl.ared
hearing. There was no response and
closed.
There was
Councilman Martin guestioned if there would be a built in appeal
process for multi-family use. Director of Public Ialorks repliedit is not built in but intended to be established and would be
ef fected administratively.
ORDINANCE NO. 1155 passed its second reading and was adopted on
motion of Councilman Mangini, second by Councilman Martin, carried
on unanj-mous ro11 call vote of members present.
2. ORDINANCE NO. 1156 ''ESTABLISHING PALM DRTVE AS A THROUGH
STREET"
Malzor Amstrup opened public hearinq on this ordinance.
no comment and the public hearing was declared closed.
ORDINANCE NO. 1156 passed its second reading and was adopted
on moEloffian Barton,second by Councilman Martin,
carried on unanimous ro11 call vote of members present.
NEW BUSINESS
AVR REALTY - 1169 BROADI^IAY ncil- consideration of this protest
of proposed use of a11ey.
Director of Pub1ic Works reviewed his memo of August 16, L979reporting on meetinq with owners of AVR and owner of new building,
Mr. Bez1ian, and his architect, Mr. Paul Gumbinger. Meeting ended
with Bezlian and his architect agreeing to chain entrance and exit
after business hours; install low clearance sign; put in traffic
bumps at entrance to a1Ie1z; and put in stop sign on the a11ey at
Broadway. Mr. Gumbinger had also suggested that owner share on a
50-50 basis the cost of a guard rail along the AVR building.
City Attorney reported these could be made conditions for the
encroachment permit.
Mr. PauI Gumbinger addressed Council, stating his agreement with
these conditions.
Mrs. Bruce addressed Council, expostulating that AVR is being
given nothing in the way of protection or compromise. She and her
son dwelt at length on the inequity of allowing the propertlz owner
to use this a11ey for exit for six employee cars, andasked how the
City could protect pedestrians who might walk in this a11ey.
Mr. Bezjian indicated he would be willing to
rai1, but not entire 80',
pay for 40' of guard
Council and staff explored project specifications, parking, turning
movements and the guestion of obligation involved in protecting AVRpropertlz. Council at length agreed that the j-nstallation of 40'
of guard rail at the expense of the project owner should be added
to the other four conditions of the encroachment.
NEW BUSINESS
5O-50 }4UFFLEF.
In response to question from Mayor Amstrup, City Attorney reported
re
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this matter
b1em.
had been investigated but posed an enforcement pro-
PENINSULA LEAGUE OF CALIFORNIA CITIES
Councilman Martin announced for consideration at next meetingcandidates Jane Baker and steve Gj-1bert, and ordinance chanq6in bylaws changing date of meeting.
APPROVALS
I^TARRANTS
warrant ]r]os. 233L through 2792, duly audited, in the amount of$L,223,826.65. councilman Mangini questioned warrant Nos.2616, 256'7, and 2535, which Finance Director detailed. Irrarrantsthen approved for payment on motion of councilman Mangini,second by Councilman Martin, carriecl on unanimous vote of memberspresent.
PAYROLL
Pavroll for July 1979,
amount of $364,583.37,
man Itlanqini, second bvof members present.
Check IIos. IL795 through 12424, totalapproved for payment on motion of Council_-Councilman l4artin, carried on unanimous vote
Mayor Amstrup requested Council concurrence in having CityI'lanager inform congressman F.over of Burlingame's support of BilIHR 3697. Council agreed.
ACKNOTVT,EDGEMENTS
HR 3697
I. Pesrgnatioh o f Alan K. Brorvne as Chairman ofGroup for police station, dated Augustannounced that G. James Fehlhaber was
11, L97g .
Citizens Study
Mayor Amstrup
new committee chairman.
2. Letter of Auqust 9 , 1979 fromLaner r€ property tax cut.Joyce Lunzsler, 1530 Ir{eadow
3. Letter of August 8, l-979
Avenue re weeds i-n easements.
from. Roderick OtMeara, 1109 Drake
4- Letter of Auqust B, L979 from Harry Graham, president ofBurlingam.e Business and Professional alsociation, thanking Counciland staff for assistance in flea market on July 15, tg7g.
5. Letter of ,Tuly 30, 7979 from Evelyn Fraser, ZOl2re illeqa1 narking on California Drive.
B. Monthly reports: Fire, police, Treasurer
l.,lateo County Convention A Visitors Bureau.
6. Letter of Auqust 13, L979 from Burlingame school Districtextending bid time to september 6, L979 on pershing school.
7. City Planner: Negative Declarations. ,
Clarice Lane
Departments, San
9. Minutes: Beautification commission, August 2i Traffic,safetlz, Parking commission, Auoust g, l97g; planning commission,August 13, 1979.
AD TOI.IR}trMENT
}{eeting regularly adjourned at 722l-5 A.M
,'c -'/
( -,:-1(y1tc i. !( i tEvelyn I{. Hill
Citly Clerk
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