HomeMy WebLinkAboutMin - CC - 1979.05.07343
BURLINGAME,
May 7,
CALIFORNIA
L979
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the
above date in the City HaII Council Chambers. Meeting was cal1ed
to order at B:05 P.M. by Mayor Irving S. Amstrup.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Jerome F. Coleman, City Attorney.
ROLL CALL
COUNCIL MEMBERS PRESENT :AMSTRUP, BARTON,
NONE
CROSBY, MANGINI, MARTIN
COUNCIL }IEMBERS ABSENT:
MINUTES
Minutes of the regular meeting of April
meeting of April 24, L979 were approved
16 and of the special
and adopted.
YOUTH fN GOVERNMENT DAY
Mayor Amstrup acknowledgedin Youth in Government Day
young people present who will participate
HEARINGS
1. AMCOE SIGN COMPANY APPEAL I'ROM PLANNING COMMISSION DECISTON,
HOI{ESTEAD SAVINGS SIGNAGE.
Letter of May 3, L979 from Amcoe Sigh Company requested removal of
this appeal from the agenda, advising that a revised proposal had
been submitted to the Planning Commission for hearing.
Mayor Amstrup announced
consideration.
this appeal would be removed from Council
2. JOSEPH
COMMISSION
C. DEES, 2909 ARGUELLO DRIVE, APPEAL FROM PLANNING
DENIAL OF VARIANCE.
Assistant City Planner reviewed his report of May 7, 1979 with
attachments which gave background of this appeal. Report speci-
fied that abatement notice was mailed to applicant for encroach-
ment of boat and trailer B' in front setback, prohibited by
zoning code. Mr. Dees subsequently suggested two alternatives:
1. Remove portion of brick planter adjacent to front of house
to al1ow trai-Ier to be pushed 3'8" farther back, encroaching
approximately 4t into front setback (sti1I a code violation)
2. Rotate boat and trailer 90 degrees, parking them para1leI to
the street, but technically behind the front setback.
Before implementing second alternative, IIr. Dees applied for
variance, which was denied by the Planning Commission. Approval
of variance would al1ow Mr. Dees to implement Alternative #1.
Mayor Amstrup opened public hearing.
Mr. Nick Elchinoff, attorney, addressed Council as representative
of Mr. Dees. He dj-stributed snapshots of the Dees yard with boat
and traj-ler to illustrate its efficient screening, and noted the
petition signed by 56 of Mr. Dees' neighbors that he be allowed
the variance. Mr. Elchinoff addressed the balance of his presen-
tation to applicable conditions for granting of variance: There j-s
hardship involved - Mr. Dees spent $2,000 and much time in the
screening operation. The situatj-on is not a health hazard or detri-
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mental to appearance of the neighborhood. Neighborhood would
dislike implementatj-on of Alternative #2.
Mr. Dees addressed Council on his own behalf, stating he felt
a responsibility to his neighborhood and had attempted to screen
boat as well as possible. I{e spoke of positive comrnunicat.ion
with his neighbors and wi-th members of Temp1e Sholom across thestreet from his property. He spoke of financial hardship in
finding a place to store his boat, particularly with family ed-
ucational responsibi- litie s . fn response to Council question, he
promised to find other storage for his camper sometimes parked at
his property. He noted the fact that no complaint had been re-
ceived before in 18 years of boat storage. Thj-s raised Council
question of why this complaint had been received. Staff repliedthat some other blatant instances of boat storage had been abated,
which apparently led to this complaint. Councif questioned thelack of building permit for fence erected in 1970 and the fact
that hedges are non-conforming in height.
There were no further statements from the audience
hearing was declared cfosed.
and the public
There tiyas some Council question about the exact measurement offront setback in the Mi11s Estate. Short recess was declareil at
8:35 while staff determined from subdivision map of Mi1ls Estate
No. 17 that the property line is 4' 6" behind the back edge ofthe sidewalk and that the building setback line is 15' behind theproperty Iine.
After further Councj.l discussion and consideration, Councilman
Mangini stated he had known the applicant for a number of years;
this had no bearing on his opinion on this matteri the property
is well kept; the boat is concealed; and he thought variance should
be granted conditionaf upon present maintenance of property.
Councilman Crosby was impressed with the number of neighbors rn
favor and would approve the variance if Alternative #f were a
condition. He questioned precedent setting effects of approval ,
and was assured by staff that by code each variance is considered
on its own merits.
Councj-lman Barton, who also had been concerned about precedent,
considered reaction of neighbors f avorable, the boat \"/as r^rell
hj-dden, and the variance should be granted.
Mayor Amstrup considered the combination of camper parking and
boat had been excessive, but would approve variance if camper was
moved.
Councilwoman Barton questioned why the planter shoufd be moved.
With the good screening, there was no point. She moved approval
of the variance without moving the pfanter. Second by Councilman
Crosby, carried unanimously on roll call vote.
3. TO CERTTFY FINAL ENVI RONI\,IENTAL IMPACT REPORT AND MAKE FINDINGS
REGARDING I^IAS TEWATE R RECLAMATION PROJECT - EIR-51E
Director of Public Works reported that public hearing had been
held on this EIR at the regular meeting of April 16, and matter
continued to this meeting for Council review of the EIR.
There was no Council comment or questions.
RESOLUTION NO. 25-79 "RESOLUTION CERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT AND MAKING FINDINGS WITIT REGARD TO THE }II{SIEWATE R
RECLAMATION PROJECT - EIR-51-E" was introduced by Councilman
Councilman Martin, noting he too had known Mr. Dees previously,
was concerned that the storage of the boat was now a problem when
for so many years it had not been. He would approve the variance
if planter is moved.
345
Crosby who moved its adoption, second by Councilman Martin,carried on unanimous rolf calf vote.
Councilman Martin pointed out the importance of this type ofproject to the future development of the Peninsulai and urgedthat Burlingame take the lead of surround.ing cities in the useof reclaimed water. He suggested staff pursue with such agenciesas Millbrae and Caltrans.
Mayor Amstrup
P.RESENTAT I ON
added his endorsement of this viewpoint.
1. BURLINGAME SANITARY SEWER RXHABILITATION.
PREPARED BY WILSEY & HAM.
DESIGN REPORT +1
Mr. Ron Calhoun of Wilsey & Ham reviewed in detail Design ReportNo. 1 for this project. He noted preparatory work done, scopeof work proposed, cost of 1979 program - $412,000 with con-struction work to start August l and continue through latter partof November. 5,900' of pipe would be replaced or relined forvarious distances on El Camino Real , Mi11s Avenue, CaliforniaDrive, Hale Drive, Columbus Avenue, and Easton Drive. He explainedthe rationale of "relining" pipe, and cautioned that since the
sewer probfem is City-wide, there may or may not be perceived im-
provement following this first year's work. As the program goeson, gradual improvement wifl be discerned. He suggested that Cityadvise affected landowners of the impending construction and whatthe benefits would be. Both Mr. Calhoun and Director of Public
blorks answered Council questions on the project. Council exploredthe potential of this work, and concfuded their discussion withsuggestion that sma1l meetings be held in the various neighbor-
hoods among property owners, City staff, and Wilsey and Ham.
1. A}IZA SHAREHOLDERS I LIOUIDATING TRUST: MASTER BAY ACCESS PLAN
2. ANZA SHAREHOLDERS' LIQUIDATING TRUST:
PROPOSALS, ANZA PROPERTY.
SPECIFIC LAND USE
Letter of May l, 1979 from Anza Shareholders' Liquidating Trustdetailed some specific land use proposals for Anza land, and
asked for City hearing setting forth ground rufes for futuredevelopment. Mayor Amstrup scheduled consideration for next
Council study meeting.
3. COMMUNIC.ATION FROM HILLSBOROUGH ON EMERGENCY 911
Council received copy of letter dated May 3, 1979 from Town ofHillsborough to Mayor Jane Baker of San Mateo stating Hillsborough'sposition in support of removing 9f1 mandate and leaving option tolocal agency. Also if mandate is not removed, they would urge theLegislature to fu11y finance the County's 911 plan as submitted.
APPLICATION TO CONDUCT AUCTION
l.
MAY
CYRUS GOLDMAN, 942 MISSfON STREET, SAN FRANC]SCO. ONE-DAY SALE,2I, BEARDSLEYIS RESTAURANT, 1443 BROADWAY.
Letter of April 27, 7979 from Mr. GoLdman requested permj-ssion tohold this auction of restaurant effects on May 21 , L979. In add.res-sing Council, Mr. Gofdman listed types of items to be sold. Councilhad also received report from Services Bureau of Burlingame police
Department stating Mr. coldman has proved to be reputable and noting
CORRES PONDENCE
Letter of May 2, L979 from Anza Shareholdersr Liquidating Trust
requested study meeting consideration of an overall Master Bay
Access Plan prepared by Peter Ca]lander. Mayor Amstrup scheduled
pl-an review for next Council study meeting.
no obj ections
was proof of
Council had
declared the
to this auction. Also received from Mr. coldman
bond from Aetna Casualty and Surety Company.
no objections to this auction permit.
permit granted for the specified date
Mayor Amstrup
and time.
AMUSEMENT LICENSES
1. APPLICATION BY RANDY FAISS D/B/A P.J.IS, 26I CALIFORNIA DRIVE.
Letter of April 6, 19-19 from Randy Faiss, 5150 Diamond Heights
Boulevard, San Francisco, requested entertainment and Dance Permitfor "P.J.rs" formerly "Tramps. " Establishment is scheduled to
open in mid-May. Report from Pol-ice Services Bureau dated April
12, 1979 revealed no detrimental facts during investigation and
there were no objections from the Police Department to this permit.
Councilman Mangini moved the permit be granted for six months,
second by Councilman Martin, carried unanimously on voice vote.
2. RENEWAL: JAMES I1
DRIVE.
SHEA D/B/A GOLDIE.S SALOON, 241 CALIFORNIA
Report from Services Bureau, Burlingame Po1ice Department, dated
May 3, f979 stated that since fast report the establishment has
been well run and quiet. Recommendation was that renewal be for
one year period.
Councilman Martin moved this permit be renewed for
second by Councilman Mangini, carried on unanimous
one year,
voice vote.
STAFE MEMORANDA
1 . CI TY II{ANAGER :
DEVELOPMENT
PROPOSAL FOR WASTE DISPOSAL LAND, RECREATIONAL
Memo of May 3, 1979 from City Manager attached two alternate pro-
posals from "John Browning Sports Corporation" dated April 27,
1979 for development of this area. Council agreed to consider
these proposafs at their next study meeting.
2. SUMMER EDUCATION PROGRAM
Memo of May 3, 1979 from City Manager discussed this program as
outfined in attached memo of May 1, 1979 from City Attorney and
draft proposal dated May 8, 1979 from Director of Recreation, to
Burtingame Elementary School District. The Recreation Department
proposes a cooperative summer school program with the School
District whereby the City will contract with teachers; a sunmer
school fee of $55.00 per pupil would be charged; and the School
District would assist in staffing and supervision. Since the
teachers witl be independent contractors, there will be no City
responsibility for Unemployment Insurance or Workers Compensation.
Council-man Crosby moved the summer education program be approved,
second by Councilman Mangini, carried on unanimous vote.
3. CITY MANAGER: SISTER CITY CONVENTION
City Manager's memo of May 2, l-979 re Purchases from appropriations
for-Sistei City convention in the amount of $1,224.50 attached
correspondence from both Ray Kliewer, vice-president of Burlingame
Chamber of Commerce, and A1 Leyva, president, Burfingame Sister
City Association. This correspondence indicated difficulties en-
couitered in the situation of Chamber of Corunerce administration of
funds aflocated to sister city Association- chamber of commerce
had returned to City check in the amount of $1,224-50 pending
Council ctarification of matter. City Manager recommended appropri-
ation be placed under control of city Finance Director for compliance
with established purchasing procedures.
Both Mr. Leyva and Mr. Kliewer detailed to council their differences
in procedure in financial disbursements. council concl"ud.ed these
346
\
347
differences could be resolved, and recommended flexibitity and
cooperation in carrying on original arrangement.
Councilman Martin moved that the original guidelines given tothe Chamber of Commerce be observed, second by Councilman Crosby,carried on unanimous vote.
RECESS
A short recess was
reconvened.
declared at 10:15 P.M. after which meeting
4. CITY ATTORNEY: SHERATON HOTEL ADDITION
City Attorney's memo of May 2, L979 transmitted letter of May 1,1979 from Attorney Thomas A. Larsen written on behalf of sanFrancisco Airport Motel company, and to the effect that this
company is not now in a position to consider land swap, but sti1lwants to construct an addition to the Sheraton Hotel, with optionsof purchase of land or lease. City Attorney suggested consj-derationat May study meeting.
Mayor Amstrup set this matter forthis study meeting, after Councilon Friday, May 18.
the May study meeting.discussion, was set for Date
7:00
for
P.M.
rn further di-scussion, council agreed on 7:00 p.M. Monday, May L4,for council interview of planning commission candidates.
CONSENT CALENDAR
I. LIABILTTY CLAIMS: RUSSELL PAPE AND JERRY CASEY
City Attorney's memo of Maydated April 27, 1979, from R
He recommended denial.
2, 1979 transmitted reports, both. L. Kautz & Company, on these claims.
2. LIABILfTY CLAIM: JOSEPH E. FREITAS.
city Attorney's memo of April L9, 7979, transmitted claim fromGerald F. tr{oods, attorney for claimant, and reconrmended denial.
3. SPECIAL ENCROACHMENT PERMIT, l_18 LOMA VISTA
By memo of ApriL L2, 7979 Assistant city Engineer transmittedsketch showing encroachment of brick columns and rair fenceinto the street right of way, and recommended approval of thispermi-t subject to City nonresponsibility statement.
4. RESOLUTIONS
RESOLUTION NO. 26-79 ''DECLARING NOXIOUS AND DANGEROUS WEEDS AND
RUBBISH A NUISANCE IN ACCORDANCE WITH MUNICIPAL CODE CHAPTER 11.08''
RESOLUTION NO. 27-79tgTg 1990"file in City
(Sarott
Clerkrs
''AWARDING CONTRACT SIDEWALK REPAIR PROGRAM,Construction Company, $40,977.50. Bids onoffice) .
RESOLUTTON NO. 2B-79 ,'RESOLUTION AUTHORIZING AGREEMENT BETWEENTHE COUNTY OF SAN MATEO AND THE CITY OF BURLINGAME FOP. THE SKYLINE
DRTVE IMPROVEMENT PROJECT''
,'R-ESOLUTION AUTHORIZING EXECUTION
MALL CENTER''
OF WALL OPENING AGREEMENT, FOX
This resolution takenafter calendar.off consent calendar. Discussion follows
RESOLUTION NO. 29-79 "RESOLUTION AUTHORIZING CONSENT TO ASSIGNMENTLEASE FROM
UNIVERSITY
R. C.
REAL
JOHNSON REALTY COMPANY (T{ANTN MANAGEMENT COMPANY)
ESTATE FUND, LTD. ''
OF
RE
)
348
5. ORDINANCES INTRODUCTION
1. ORDINANCE NO. 1I4B "AN ORDINANCE LIMITING STORAGE AND
AND CAMPERS TO REAR YARDS"PARKING OF BOATS, TRAILERS
2. ORDINANCE NO. 1149 ''AN ORDINANCE REDEFINING BUILDING
HEIGHT
Councilwoman Barton moved approval of
second by Councilman Mangini, carried
the consent calendar,
on unanimous vote.
City Attorney's memo of May 3, 1979 transmitted request from
Ted Farley, owner of these two properties at 1413-15 and L4l7-L9
Burlinga*6 Arr"nr.r", to have a wall opening between them on the
second floor. This would create IO0' frontage for proposed
restaurant.
Council discussed the implications of this wall opening as re-
iitea to parking, since previous owner of propelLy, Joseph Karp,
had avoia6a partling payment by having this considered two build-
ings with . "oromon-waf1. It was suggested if wall opening were
p"i*itt.d this should be considered-one building with attendant
iarking payments. Staff confirmed this was a -hour wa1l which
ioould rieet-tfre fire zone requirements for exterior wa11s'
Hugh connally, attorney for Mr. Farley, protested that actions
of -previous 6r.r"rs sfrouta not be held against his client.
Fire Chief indicated he had not been informed of proposed open-
ing in this fire wali. Matter was continued to May 2L, L979
toi fris investigation and Council consideration.
NEW BUSINESS
RESOLUTION AUTHORIZING EXECUTION
FOX MALL CENTER
OF WALL OPENING AGREEMENT-
AIRPORT
councilman Martj-n noted receipt of letter of May 3, l.979 from
walt Gil1fil1an, San Francisco Airport Joint Powers Boardr I€-
garding presentation before Councii of progress _re-port on joint
Iand use study.--eil"t discussion, it was agreed Mr' Gillfillan
could make fril presentation at the meeting of June 4,1979'
BART
Mayor Amstrup noted letter of May 3, L?79 from Bay Area Rapid
Transit asking s"pp"rt in defeating AB111 (Papan). council
,rolea papan's-bili is to prevent expansion of BART without
support of focit- entitiesl and directed City Manager to write
telter to Papan indicating their support'
PROCLAMATIONS
Mayor Amstrup proclaimed the month of May'
Heiftfr Monthi' and "Correct Posture Month' "
week of June 23 to JuIy L, L979 as National
ACKNOWLEDGEMENTS
l-979 as "Mental
He proclaimed the
Tennis Week. "
1. Letter of April 16 to Robert Posdesta, LO28 EI Camino, ta
California Drive Parking lot'
from AssemblYman Leo McCarthY re
implementation.
from Wilbur T- Johns, 37 StanIeY
2. Letter of APril L6, L979
Proposition 13 and Permanent
3. Letter of APril L2, L979
Road, tQ Police DePartment'
4. Letter of APril 9, L979
L,
from Peat, Marwick, Mitchell & Co'
,. -4.J.1-.r* --x-s-4.rl/4.d Ad' lr'd'.&e'4'qtrd'&D'
349
re rrGovernmental Accounting and Financial Reporting Principles"restatement.
5. Letter of April 19, 7979Hechinger's term expiration.
as to another term.
from City Librarian re Mr. BenCity Manager instructed to contact
6. Affirmative Action Program report as of 12/31/78-
7. Assistant City Planner report: Removal of height limit,Mills Canyon Court.
8. Librarianrs report and Boaril of Trustees minutes.
g. Commission Minutes: Beautification, April 5; Ptanning
Conmissj-on, April 23, 1979.
ADJOURNMENT
Meeting adjourned at 11:00 P.M. to executive session on litigation.
e , ../-/,4.1
9'.'*1,-.,'//. /'LL(t
EVELYM H. HILL
City Cl-erk
)