HomeMy WebLinkAboutMin - CC - 1977.05.16BURLIlI(;A.I\4E, CALIFORNIA
Ma'I :-6, ]-977
A regular meeting of the Burlingame City Council was held on
the ibove date j-n the City Hatl Councj-l Chambers. The meeting
was called to ord.er at 8:05 P.M. by Mayor A.C. "Bud" Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG:
Led by A1fred J. Palmer, Police Chief.
ROLL CA],L
Counc i 1
Counc i 1
MINUTES
Member s
Members
Present:
Absent:
Amstrup , Crosby , Harr ison , Mangini , Martin
None.
The minutes of the regular meeting of May 2, 197'7 were aPproved
and adopted with corr6ction, Page 6 of draft minutes, Resolution
fl". iA-ZZ, to show "Councilman Mangj-ni corunented this resolution
makes the County Health Department the enforcing agent and the
ioara ot Supervisors will ippoint an j-ndependent hearing panel' "
BURL INGAME HISTORICAL SOCIETY
Mayor Harrison introaluced Mr. Robert Fisse, president of
Builingame Historical Society.
!4r. Fisse reported that this society has completed compilation
and printing of their historical record of Burlingame';s"rii"S"*" - Lively Memories - A Pictorial Review"' and it
would b6 first offeied for publ-ic sale at "Art in the Park"'
He presented Mayor llarrison and Council members with complimentary
copies of this book.
. Fisse on behalf of Council, and
Society for a job well done.
adoption.Second by Counc ilman Amstrup, alf aye ro11 call vote.
2.DAVIDc.CARRFoR200PARKRoADCoMPANYAPPEALFRoMPLANNING
CoMMISSIoNCoNDITIoNALAPPRoVALoFSPECIALPERMITFoRADDITIoN
TO BUILDING P1 )AQ/2T6 PARK ROAq
Mayor Harrison thanked Mr
commended the Historical
HEARINGS
1. RESOLUTION NO. 39-77 'RESOLUTION ORDERING THE VACATION AND
ABANMEN LOTS 32 AND 33, BLOCK 50, EASTON
ADDITIONNO.4,ANDRETAININGPUBLICUTILITYEASEIVIENTS"was
presented for Council consideration and hearing'
At the request of Mayor Harrison, City Attorney explained-that this
"if"V-tti='been found- unnecessary for public use and is being
aUin'ao.,ea. This will aIlow adjoining property owners to-fence
the area between them. Howevei, the easement for storm 'lrainana s.nit"ry sewer laterals will be retained by the City'
Director of Pubtic Works added that comunication has been
recej-ved from both P.G.E. and Pacifj-c Telephone that they have
no facilities in this easement and consent to its abandonment.
RESoLUTION No. 39-77 was introduced by Councilman Mangini for
r\ .rnrrlyrrr;r'+frtrrfFErl,.r -.rrlfr Frr91F.t-:7r.+t-nrrr-mft rr >--:f rvY'*h
365
CALL TO ORDER
This hearing had been continued from the Council meeting of
April 18, 1977.
At the onset of the hearing, councilman Martin decl-ared himself
366
himself out of
of interest.the discussion because of posslble conflict
Mr. David Carr, of Carr, Mcclellan, Ingersoll, Thompson &
Horn, addressed the Council on behal-f of 200 Park Road Company,stating that revised plans incorporating a new concept for thisbuilding had just been submitted to City staff for review.If revised plans are accepted, they would make moot the questionof contribution to the parking district. He requested. continuanceof this hearing to the next regufar Council meeting.
There was no Council objection. Mayor Harrison declared thishearing continued to the Council meeting of June 20, 1977.
3. NAOMf P. AZZARIA, 15fO CYPRESS AVENUE, APPEALING PLANNING
COMMTSSION DENIAL OF SPECIAL PERMIT FOR FAMILY SLEEPING OUARTERSIN DETACHED RUMP US ROOM.
Councj-1 had received letter of April 27, tgjT from Naomi p
Azzaria appeal j.ng this denial.
At the request of Mayor Harrison, City planner reported onbackground of this appeal, quoting his staff repoit of May 11,1977. He noted |-.h,e 4-2 vote for denial by the ilanning Commissionand the three concerns voiced at the planning commission meeting:1. The condition of the swinuning pool. 2. The mobile homein the rear yard. 3. parking oi vehicles in the street withthe double garage on the property being unused for parking.He reported that since the date of the planning Commissionmeeting, April 25, 1977, these conditions have been rectified.The mobile home has been removed from the property; the swimmingpool cleaned; and the double garage cleaned so tfrat one s j-de
may be used for vehicular parking. He added that his personalinspection had revealed cars now parked on the drivewalz butnot on the street. The City planner noted that consid-erableevidence was presented at the planning Commission meeting,-butnot alL of it focused on the special permit for the garaje inthe rear.
Mayor Harrison acknowledged receipt of letters of support;noting, however, these retters direct themselves to iire fact thatthis facility is a very adequate and needed nursing home, whereasthe issue before the Council is whether or not a rumpus roomshould be used for sleepj-ng quarters. Letters were irom,Dr. Oscar W. Hills, 121 So. San Mateo Drive, San Mateo, MelvinJ. Murphy, l22O Cortez Avenue; Mrs. Stephen Schiappacasse,50 W. 28th Avenue, San Mateoi Ms. Doris M. Zona, bi6 CrescentAvenue, San Mateo i Mrs. H. Fambrini, 927 prospect Row, SanMateo; Frances Spuri, 735 prospect Row, San Miteo; Mrs.Beatrice L. Nilsen, #4 Altura Way, South San Erancisco; WarrenB. Wickliffe, 808 Edgehill Drive; Mrs. ,John H. Ca1vrel1; 1035Morrell Avenuei Dr. Maurice C. Covey, 101 So. San Mateo Drive,San Mateo; Mrs. PauL Gumbinger, 333 Occidental Avenue i andDr. Donald M. Kay, IB28 El Camino Real .
Mayor Harrison afso acknowledged letter of May 5, 1977 fromGerald A. Iti1l, Hi1ls pool Service, 1675 Rollins Road,indicating considerable amount of debris was found in the poolof a type which woufd indicate it had been placed there th-roughvandal i s m.
Mr. Joseph D. Gel1er, 180 park
attorney for Mrs. Azzatia.Road, addressed Council as
Mr. Gelfer noted that his review of background material indicatedthat. twe]ve people speaking against the permit at the planning
commission meeting had complained about 6bjectionabre conaitio.,sranging from.dirty pool to dead rat on the property. None ofthese complaints deal_t with the issue of the sieeping room. Hecould not justify denial of the permit because of conditionswhich had nothing to do with the use. He noted the officialfear that if a permit is granted for a sleeping room use, it
will become a separate living unit. He considered this a
policing probl,em, and not a basis for denial. He suggested
the reason so many people wrote letters of support was that,
should Mrs. Azzaria be forced to bring her sons into the home,
the nursing home operation might become infeasible' She did remodel
to get her ficense; she would suffer undue hardship; and the
County might be deprived of a much needed service.
Mr. Geller stated that this buililing has been on the property
for years, and when Mrs. Azzaria purchased the property it was
being used for sleeping quarters by the previous owner, as had
the owner before that. No one advised her it was il-legaI .
In Mr. Ge11er's opinion this amounts to a non-conforming use, and
he suggested Mrs. Plzzari-a does not need a permit at ?11: He
pointed out Code Section 25.28.02 shows accessory buildings
is a permitteal use j-n R-1. By ordinance 749 in 1962, Code
Section 25.28.03 conditional uses requiring a special permit
included "living rooms, sleeping rooms, rumpus rooms, or hobby
rooms in garagei or accessory buildings. " Thj-s ordinance was
amended ii tglz by ordinance 963 which lists special- permits
requireil for ". . rumpus rooms or hobby rooms in garages or
"cc"sso.y buildings . . " He argued that by the fact that
living rooms and sleeping rooms are expressly omj-tted, they no
longer requj-re a sPecial Permit.
City Attorney stated his interpretation was exactJ-y opposite'
The ordinance states only one building used as a residence sha11
be maintained on an R-l 1ot, which implies that only rumpus
rooms or hobby rooms are a1l-owed. Under no circumstances would
he interpret ltrat extra sleeping rooms coulil be maintaj-ned j-n
other locations on the Property.
Mayor Harrison declared the meeting oPen to public comment '
Mr. Robert C1ark, 1528 Cypress, presented to Council a petition
with 42 signatures opposing the special permit for these reasons:
I. The Planning Commission, appointed by the City Council,
denied the ipecial permit request at its meeting of
April 25, J-977.
2. Tire structure in question is i1legal , as established by
the Planning Corunission.
3. It is an uniafe sleeping area, with no firewall bet\^/een the
sleeping area and the attached two-car garage'
4. the ise-of outbuildings for sl-eeping quarters is against
R-J- zoning 1aw antl R-I zoning must maintain its integrity'
Mr. Clark also presented Council with a copy of Mrs ' Azzariars
State license which specificalJ-y states ". . care of four ' '
female acluIts.,' He noted from Planning commlssion minutes that
she cares for six women, which is illegal .
Richard E. Pj-cton, 1576 Cypress, opposed. the permit. saying
it might encourage people to take in roomers and move their
famil-ies into an accessory building. Lj-sa Bailey, L524 Cypress,
opposed sPecial permit on the grounds that R-1 zoning integrity
*"it U" *iirrtained. She thanked Mrs. Azzaria for her cl-ean-up
efforts. Barto Price, 1551 Cypress; Bob and Patricia Vogel,
1585 Cypressi Greg Long, 1520 Cypress; Richard Zanbon, 1520
Cypresi; AngeLa Johnson, 1528 Ralston; Raul Valadao, 1516
c-y-press; and Carol Cf ark, 1528 Cypress, spoke j-n opposition to
splciaf permit. Ms. Clark added that previous owner had applied
for permi-t for sleeping quarters and had been denied'
Mrs. Dorothy Cusick, 1715 Ralston, noted the neighborhood was
not opposed to the nursing home, and she approved tlre State-rs
inteniion in allowing such homes in R-1 single family neighborhoods.
However, the long time problems with this property, which could
lead to changing the R-I character of the neighborhood, could
work toward crrangirrg the state law in the future. she recommenaled
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367
368
I
2
3
4
The fact that the Planning Commission denied the permit
does not make the decision fina1.
The structure is non-conforming rather than j-lIegaI .It is not unsafe. There is a brick waII between the parking
facility and the sleeping room.
The zoning lai"/ states accessory buildings are permissible,
and there is a condj-tion for sleeping rooms.
As to undermining the intention of the State, he said theCity Planner pointed out to the Planning Commissj-on that theState Welfare and Institutions Code provides that a home servingsix or fewer handicapped persons shal1 be consid.ered. a residentialuse of the property for the purposes of zoning. He emphasizedthat the nursing home is not the purpose of this hearing.However, he had been advised by Mrs. Azzaria that she is caringfor four people and there is a relative staying with her.Regarding fears of an illegal apartment, he repeated this couldhappen to any accessory building if the owner wishes to violatethe law.
Mayor Harrison suggested thatpeople, the State may have atboys as living in the home.
since the license is forthe beginning considered
four
the two
Councilman Ivlartin noted planning Commission minutes stateMrs. Azzaria is caring for six elderly women. He questionedhow many are paying guests.
Mrs. Azzaria stated four women paid; she also had her motherin the home, and her mother's sister-in-Iaw. She stated shehad bought the house because she had been informed by Town andcountry Rearty that she could use the sreeping quartlrs outsidefor her boys .
In response to questions from Councifman Martin, l,Lrs. Azzatiastated that when the State Board made its investigation theywere aware that she had two elderly family memberi and thetwo boys.
Councilman Mangini questioned how long the boys had beensleeping in the accessory building. Mrs. azziria stated t$royears, and that it had not been guestioned until recently whenthere were compraints about the trailer and the elannint- Defartmentcame.out to investigate. Mr. ceIIer interjected the coiplaintwas in March and was about the traj-Ier, nol the sleepingarrangements. The traj-Ier has since been moved-
The public hearing was declared closed.
RECESS
There was a brief recess
reconvened.at 8:55 P.M. after which the meeting
councifman. Amstrup requested more information about a previousowner's being denied a special permit for sleeping qrr.iters.An unidentified member of the audience stated ttrai l,rrs.Condon, 1501 Cypress, had stated the son of a previous owner hadslept in the accessory building for a tvro montl period whilethe property was being prepared for sale.
councilman Amstrup stated Council_ should direct itseff tofact that this building is being used i11ega11y. If it is
be_ used as a sleeping room, this appears to be duplex useR-1 property.
the
to
of
Councilman Crosby commented it was his understanding anotherprevious owner had three children who had slept in f.his room.
The Planning Commission decision be upheld.
Mr. celler then adilressed Council , speaking to the four objections
in the petition:
369
He questioned the chronology of events leading to this special
pe rmit .
City Planner replied that in December of J-976, responding to a
complaint about the trailer, he had contacted Mrs. Azzarj-a,
in form
The co
cont ac
cati on
fng
mp Ia
ted.for
her she was to cease using the trailer as living quarters.
int was again received in March, 1977 and she was agai-n
At the same time she was requested to make appli-
a special permit to use the accessory building.
f
in forme d
told.
Councj- lman Crosby asked Mrs. Azzaria how long she had lived
there. She replied, two years,
As a matter of clarification, I,layor Harrison questioned i
\"rhen Mrs. Azzaria first moved in, two years ago, she was
a special permit was needed, City Planner stated she was
The City was aware of the situation.
Mayor Harrison noted that no application was made for a permit
over this t\,/o year period until the time of the City Planner's
inspe ct ion .
Councilman Crosby questioned Mrs. Azzaria on this fact. Mrs. Azzaria
replied she had been informed of the need for a special permit
one year ago when she was applying for a license for her nursing
home and the authorities were inspectj-ng it. It was brought up
at that time by the CitY Planner.
When asked by Mayor Harrison why she had not applied for
she stated. that the matter was r:nclear to her and it was
pursued by the City until the trailer incident-
Councilman Martin received confirmation from the City Planner
that when he had looked at the trai-ler it was not connected to
electricity or water. Councilman Martin also received confirm-
ation from the Fire Chief that a brick wal1, such as is in the
garage, would meet the requirements of a fire waII- In ans\",e r to
ahe aouncilman's questj-on, city Planner stated the building was
1ega1 with respect to building codes.
Counci lman Martin then stated he considered two of the "no"
votes from the Planning Corunission were because of fear of
mother-in-law apartments vrhich he thought was a policing
problem. He considered the basic j-ssue the fact that the City
has a fine health care facil-ity, doing a good job. He realized
there were iIlegalities, but the County has difficully in qetting
enough of these facilities. He wished there were more of them,
poiniing out that if Mrs. Azzaria is not allowed this permit,
ihe might have to close the nursing home. He thought the
faciliiy too important to discourage because of precise points
of zoning or non-conformity. He did suggest the sleeping
quarters be protected by a smoke detector. I{e noted a case where
i permit for sleeping in an accessory building had been given a
man who had eleven children. The family had outgrown their house.
CompJ-aints about noise and other conditions were problems for
other agencies. He moved Council- overturn the ruling of the
Planning CoNltission. Second by Councilman Crosby.
a permit,
not
Councilman lr{angini questioned if the neighborhood was aware
of this application from the noticinq required by a special
permit hearing. City Attorney confirmed.
Councilman Amstrup stated his approval of nursing homes such as
this, but declared the Council's function is to uphold the law.
If this use is permitted, it would be a duplex. The integrity
of the R-1 zoning should be maintained.
Mayor Harrison concurred on the desirabil-ity of Mrs. Azzati-a's
establishment, but stated the Council did have an ordinance to
uphold. He suggested Mrs. Azzaria consider remodeling.
Councilman crosby pointed out that decisions of the Planning
Commission had been overruled many times by the Council- He noted
*lFttntwlt-r*.-rtth -rrrtrr FBttt-t1*rfl.vi.rr-[ri+]tt -'
370
the age of the boys, 19 and f3, and suggested they would not be
at this tocation many years. He did not see anything wrong with
the j-r living there.
Councilman Mangi-ni voiced mixed emotions over the permit
suggested conditions be added such as the smoke detectorpossibly regulations on debris and noise.
and
and
Cor:nci lman Martin amended his motion to include the conditionthat a smoke detector be instal1ed in the accessory building
and that the permit be issued only to Mrs. Azzaria and her sons.
Counci lman Crosby accepted addition to his second.
Councilman Amstrup again protested this would be condoning aniJ-legality.
Mayor Harrison stated hj-s concern for thewithout sanitary facil-ities and heat.
boys who would be
Motion
AYES :
NAYES :
RE CES S
carried on the following ro11 call vote:
COIINCILMEN : CROSBY, MANGINI ,MARTIN
COUNCILMEN: AMSTRUP (for reasons stated) HARRISON
There was a short recess at 9:30 after which meeting reconvened.
AI\,IUSEMEN T PERMITS
1. APPLTCATION
BURLINGAME HIGII
OP RICK GIRON, 852 NEWHALL: BAND CONCERT,
SCHOOL EOOTBALL FIELD
For the benefit of the audience, Mayor Harrison read in fu1l Mr.Gironfs letter of application dated May 5, 1977. Mr. Giron'scommr:nication stated he wished to hotd a benefit for hls brother,Mike, who is permanently paralyzed. Receipts from the benefitwould be applied toward remodeling his home with ramps, a specialbath, etc. A rock concert would be held in the Burling.me iigtschoor footba]I fie1d, June 18, 1977, with three bands -participating.
Parking would be accommodated by the Burfingame uigh Sciroolparking facil-ities, the railroad parking toi, and 6ity streetparking. Insurance coverage is planned, as well as ambulanceservices. Electricar services for sound systems would be handledby a local sound service. An attendance oi approximately 6,000people is anticipated.
Mayor Harrison read report dated May 9, lg77 from Fire chief voicingno objections to the approval since it appeared that Mr. Gironis taking adequate precautions to assure iire and 1ife safety.
Mayor Harrison then read report dated May lL, Lg77 from Lt. R.Quinn, Police Department recommending aglinst issuance of thepermit, afthough voicing sympathy toi le cause. The reportcited potentiaf problems with sor:nd amplification, traffic andparking, attraction of criminal and undesirable elements tofunctj-ons of this sort and. the fact that the appficant had madeno provision for safety patrol of the area. l4lnimum personnelfrom the Police Department to handle this event was estimatedat 26, for whom overtime must be paid. Cost of this overtimewould be prohibitive, and citizen services would be red.uced.
Addressing Mr. ciron, Mayor Harrison stated. he could appreciatethe need to help his brother, but the police report ha-d- beenquite explicit. He questioned if Mr. ciron had Looked intoother possibil-ities, such as one of the buildings at the San MateoCounty Fairgrounds.
Mr. ciron replied that he had been looking formonths, and his main possibility had been theHe had not tried the Fairgrounds.
J
a place
foot bal l
for L\fie Id .
377
Councilman Mangini stated he would l-ike to commend publicty
Mr. ciron for the work he had done for his brother. He knewMr. Giron's brother and his family and was very sympathetic tothe cause, but thought the Circle Star Theatre or the San Mateo
County Fair grounds would be a better solution. He could not
approve this task being put on the Burlingame Police Department.
He stated he would like the City to officially recognize Mr.
Giron's efforts for his brother, either by commendation or letter.
Councilman Martin voiced surprise that it woul-d take 26 police
officers to handle this affair. However, he considered the
Fairgrounds would be better than Burlingame High school. He
stated he would like to hel-p Mr. Giron and suggested staff be
requested to handle negotiations with the Fairgrounds. with
the backing of Council, it might be easier to get this location.
He suggested City Manager and City Attorney could help with this
matter. Both staff members agreed to this.
Councilman Mangini moved this application for amusement Permit
be denied. second by Councitman Amstrup, aII aye voice vote.
Mayor Harrison told Mr. Giron the City Manager and City Attorney
would aid him in making further contacts.
Mr. ciron stated his dissatisfaction with "reil tape" and left
the meeting.
Mayor Harrison commented Council had expressed their sympathy
in his cause.
2. CONSIDERATION TO RENEWAT OF:
(a)DAN CE PERMIT, BEARDSLEY, S,].445 BROADWAY
A conununication dated May 5, 1977 from the Department of Police,
signed by Lt. R. J. Quinn, for Alfred J. Palmer, Acting Chief
of Police, stated this business has presented no particular
problem under current operation and managementi and had no
objection to the renewal of the amusement permit.
Councilman /\mstrup questioned location of dancing and was informed
it would be upstairs onIY.
Councifman Martin moved this permit be extended for a period of
one year, second by Councilman Crosby, aIJ- aye voice vote.
(b) LUCKY LADY,41O AIRPORT BOULEVARD.
Mayor Harrison noted no pofice report had been received on this
operation, and questioned Police Chief if there had been any
piobtems since the last review. The Police Chief replied there
had been nothing that woutd relate to issuance of the permit.
Councilman Amstrup questioned the specifics of the permit. He
was informed by the City Attorney that two permits for the
establishment expire on June l, L977. One permit is for the
teen-age operation, 6:00 P.M. to 1:00 A.M., and the other for
an after-hours business from 2:00 A.M. to 5:00 A.M. for adults
over 21. A detailed set of condj-tions applies alj-ke to each
permit, one specification of which is that no alcoholic beverages
be serve d.
Mayor Harrison voiced his opposition to these permj-ts, noting
his views had been stated before in many lengthy discussions.
Councilman Amstrup also declared his opposition.
Councilman Crosby moved these permits be extended for a period
of six months, with same conditions as previously applicable-
Second by Councilman Martin. Carried on following ro11 call vote:
372
AYES :
NAYES :
COUNCILMEN:
COUNCILMEN:
CROSBY,MANGINI,MARTIN
AMSTRUP , HARRISON
STAFF MEMORAN DA
I. CITY MANAGER: RESCINDING NOTICE OF E)GMPTION
TOWERS , 5OO AIRPORT BOULEVARD
LEGASPI
City Manager's memo of May L2, 1977 informed Council that State
Resources Agency had stated this Notice of Exemption could be
resci-nded by motion of City Council and an EIR requested.
For audience benefit, Mayor Harrison pointed out that thj-s is
one of several proposed projects on Anza property. Since its
discussj-on at Council study session, staff investigation revealed
some 15 proposed projects in this area. Because of magnitude ofthese projects and Cor:ncil concern about their impact in areas
such as traffic, this recision is being considered.
City Attorney reported this particufar building complies with allzoning regulations, but it is within Council's prerogative torequest an EIR on it and all future projects. The developercould be directed to prepare an EIR on this building, $rith progressto be halted until EIR is presented. He did not consid.er there hadbeen any finaf commitment so that the City would have liability onthe buildj-ng. PolJ.cy could be established on future buildings.
Mayor Harrison questioned why building permit had been issued onthis four story building for the she11 only. City planner replieddeveloper does not pLan partitions untif tenants are obtained.
Councilman Martin confi_rmed that thisinitially taken past the service core.
type of building is never
Councj-l-man Mangini questioned the value of an EIR on this buildingat this time. City Attorney stated the impact of this projectcould then be considered in relation to future projects.
Councj-lman Mangini questioned if EIRs should be prepared forall these proj ects .
Mayor Harrison stated he would like to have an EIR for eachproject. However, he did not object to omission of this initialbui ldin g.
Councilman Martin was j_n favor of EIRS for all projects individ-uaIly. He pointed out the problem of mixeal uses i; thj_s C-4area and the fact that the impact of an individual buildingdepends on its type. An office building, for example, willimpact traffic at different times than other build-ings. Hethought it advisable for the City to knortr the different impacts.For Council information, he suggested future proced.ure of lendingto individual Councj- 1 members any notice of exemption as wellas negative declaratj_on at the time i.t is made.
Noting that any developer will make maximum use of his site, heobjected to the 50' height limitation for this area, whichcould result in a "wa11" of 50' buildings. For this C-4 area,\,rhich he termed a "mixed bag,, of uses, he suggested the possibilityof project review by both Planning Commission and Council. Henoted there has not yet been a proper study made of the impactof fu1I development on the overpasses. Another building ofimmediate concern is proposed for 700 Airport Boulevard by theRegency Development Company. He suggested EfRs be preparedfor both these buildings now.
Councilman Amstrup agreed thatfuture projects, but suggested
because of its advanced stage.
be presented for all
500 Airport Boulevard
EIRs should
omission of
Councilman Martin thought an EIR could be prepared on this building
lnDd I t)
fairly quickly with no hardship to the developer.
Mayor Harrison called on John Raiser of Raiser Construction
Company, 800 S. Claremont Street, San Mateo, for comment. Mr.
Raiser reviewed design of his building and displayed a picture
of it. He hoped his detailed review of the project, which he
stressed compU-es with all regulations, would satisfy Council
in fieu of an EIR. He stated the project is now awaiting only
the finalization of the financing, which he feared a requirement
for an EIR might jeopartlize.
Councilman Martin comnented that if financing is that far along
an EIR could hamper it, and he would be willing to forego it
for the present.
Councilman Amstrup suggested that EIR on this building be developed
later so that City would have a complete file on the projects.
City Attorney suggested the building permit could be conditioned
on the presentation of an EIR.
Mr. Cyrus McMil1an, attorney for Anza Pacific Trust, pointed
out to Council that of the aforementj-oned 15 projects, only
these two and the Convention Center are on Anza land. The
Convention Center wj-I1 have a complete EIR. Mr. McMillan noted
that in formulating the Anza Master Plan Anza Pacific had tried to
present to the City an EIR on the entire project (EIR 28-P) ' In
ivorking with this nrn ttrey considered they had come to a good
undersi.anding of vrhat City guidelines were. These two present
buildings weie planned in good faj-th in conformance with C-4
regulations. n- suggested EIRs be waived on them because of
th5ir progression. -Howe.re., if Council estabfj-shes the policy
of Councii information suggested by Councilman Martin, Anza
pacific Trust r"/ould coopeiite in presenting EIR5 for all projects
req uire d.
Mayor Harrison suggested the EIR on 500 Airport Boufevard be
inlormational so as not to delay its progress, and that EIR be
scheduled on 700 Airport Boulevard.
Mr. Arthur Beck, President, Regency Development, addressed
Council, stating plans for 700 Airport Boulevard are in the
stages. construclion plans are being completed this week'
Plainer noted. no landscaping plans have been received'
At this point, Mayor Harrison dj-rected staff to send to individual
members of Councit copies of all notices of exemption and
negative declarations.
Marti-n stated he did not think the Regency project
along that an EIR could not be prepared. He noted
of ein in terms of possible cost to taxpayers for
traffic and water costs.
final
City
Counci lman
was so far
i-mportan ce
addi t iona 1
In repfy to question from Councj-lman Amstrup on the. Raiser--.
proielti citli ettorney suggested counci l- could require an ErR
Lef5re any olhet permits are issued. Mr. Raiser protested that
a conditi-on of this type would surely halt financing efforts' He
questioned if this nab to be a fu1l EIR which may or may not be
approved on presentation.
Mayor Harrison explaineal that Councj-1 approves Mr' Raiserrs
going ahead with iris project, but the. City needs an informational
6fn.- tte lender shouid 6e advised this is an EIR for informational
purposes on1y. Mr. Raiser stated this would be acceptable'
councilman Amstrup moved that the Legaspi project at 500 Airport
Boulevard be aIlo*ed to proceed with the condj-tion that an
informational EIR be provided. All other future projects in
C-4 will require an EIR. Second by Councilman Martin'
Mr. McMillan questioned if this meant EIRs on all Anza property'
':Fltnrtrfrrirrtrlr q!7!$!rr?.n*,'-',ff tfr rrc,r
374
Counci lman Martin emphasized that EIRS would be required on all
C-4 property regardless of whether or not it was Anza.
Cj-ty Planner suggested that, since earlier dj-rection was that
notices of exemption and negative declarations be sent to
Cor:ncil, an adequate appeal period be est.ablished for Councilreview, and EIRs required for projects of sufficient magnitude.
City Attorney corunented he would prepare formal resol-ution effec-
tj-ng Councilrs motion for action at study meeting.
Counci-Iman Martin declared he r,/anted Council to havenegative declarations and exemptions for projects inCity, not just C-4.
copies ofthe enti-re
Planning Corunission Chairman Thomas Taylor addressed CounciI.
requested Council guidelines for Planning Commission review of
these anticipated EIRS. What were Council's objectives in the
deve lopment of this area? EIRs for individuat projects must beconsidered. He questioned Council's interpretation of ho\", theyare to relate to the overal-l- concept. What kind of developmentis to be encouraged?
He
Mayor Harrison suggested a joint meeting of Council and planning
Commissj-on to discuss such questj-ons. Chairman Tayfor statedthe Planning Commission was at the Council's disposal for a meetingof this type.
With reference to Chairman Taylor's question, Councilman Martj-nstated he was not certain in his own mind on what should bedone in this area. Data from EIRS would help resolve the problem.
City Attorney suggested time limitation for Mr. Raiserrs EIR.Mr. Raiser indicated 50 - 90 days would be satisfactory. MayorHarrison specified 60 days. Motion and second amended. vrith Lhistime limit. Motion carried on unanimous voice vote.
2. CITY MANAGE R: .IOINT POWERS AGREEMENT PRISM PROJECT.
Mr. Gray addressed Council, reviewing Stanford ResearchInstituters work in study and des j_gn of this project, and thenecessity for a PRISM Council to adminj-ster the iystem.Each contracting city would have a representative on the Council.Cost of participation for the third year would be determined bythe end of 1977. By signing the joint powers agreement, the City
Council had received communication dated April 26, 1977 fromPolice Chief, attaching for Council review draft of joint powersagreement for the 'r Partic j_pating Records and Information System forSan Mateo County.' (PRISM) . This involves the establishment ofa Cor:ncil which would be responsibl-e for the development, mainten-ance and operation of a County-wide computer-based criminal justiceinformation system avail-ab1e to each of the participatinqi cilies.
City Manager endorsement of May 12, t97? transmitted previousinformation provided by San Mateo County, and suggested discussionat study meeting.
Mayor Harrison questioned if Council wished to continue forstudy. City Manager pointed out that Mr. Douglas cray, PRISMproject director, was present and available for questions.
Councilman Mangini co[unented that there was a time factorinvolved and study meeting was not until June 1. He questionedMr. cray on this effect. Mr. Gray indicated he must make apresentation to the Board of Supervj_sors sometime in June with areport at that time of the intention of a substantiaf numberof cities -
City Manager then reviewed Burlingame's agreement to participatefor two years \"rith the County in the study and cost analysis ofthis project. The City's contribution of $502.00 for the second.year cost pays to the end of 197j -
375
!^rould have input until that time, and there \^/ould be no f inancialliability if they then withdrew.
Mayor Harrison requested comment from Police Chief, who indicatedhis approval of this project and noted Counties surrounding
San Mateo County have similar facilities.
Mr. Gray pointed out that signing this draft agreement at
time is real1y just a resolution of intent, since no final
has yet been prepared.
this
do cumen t
Mayor Harrison approved signature since it would give the City
input, pending approval of a final draft.
Councilman Amstrup concurred.
Councilman Mangini urged that action be taken because of the
time element. He considered this project had great merit, and
the City's resolution of intent of pri-me importance. He noted
the City would merely be approving a rough draft.
Councilman Martin preferred this matter be studj-ed in more detail-
at a study meeting. He indicated dissatisfaction with somepoints covered in the agreement, in particular the broad. powers
of the PRISM Counci 1.
Mayor Harrison contj-nued discussion of this agreement to the
study meeting of June l, 1977. Mr. Gray requested that in
consideration of the short time left him, language changtes or
questions be submitted to either Police Chief or City Manager for
transmittal to PRISM office before the June 1 meeting.
3. CITY MANAGER: KOHLENBERG FORD BUILDING IMPRO\,'EMENTS
4- CfTY CLERK: EXPTRATION OF TE RMS LIBRARY BOARD MEMBERS
Council had received communication of May
advising of the expiration of term on June
Commissioners Edith Cohendet and Genevieve
requested City Manager ascertain if these
in servinq another term.
2, 1977 from City Clerk
30, L97"7 for Library
Phelan. Mayor Harrison
people would be interested
RESOLUTIONS
1. RESOLUTION NO. 40-77 "RESOLUTION OF INTENTION TO ENTER TNTO
AN AGREEMENT WITH THE CITY OF SAN MATEO TO JOINTLY PROVIDE
LIBRARY SERVICES TO RESIDENTS OF THE TOWN OF HILLSBOROUGH" was
presented for Council consideration.
City Manager memo of May L2, 1977 attached draft agreement for
information on1y, and reviewed that San Mateo will join with
Burlingame for I 40t share of $90,000 for the first year with
criteria for sharing to be worked out by the two City Lj-brarians'
City Manager and Burlingame City Librarian recommended that
resolution of intent be Passed.
Mayor Harrison suggested that provisions for re-evaluation of
agreement at end of this year be written into the agreement as
well as some date on which refunds would be effective on present
Hillsborough library cards. city Attorney stated there would be
no difficulty with stipulation of these provisions, adding that
Hillsborough City Manager woul-d like to have agreement before his
Council by next Monday niqrht if possible.
City Manager memo of May L2, 1977 attached communication from
Mr. Kohlenberg alated May 6, 1977 regarding his appeal from Fire
and/or Buildinqf Code orilinances, Fire Chief memo of May I0, 1977
and City Attorney memo of May 10, ]-971 .
Mayor Harrison schedule discussion on thj-s subject for the
study meeting of June 1, 1977.
i
,t
I
376
Councilmao Martin noted that this is a one-year agreement and
suggested library cards be issued for a period of one year
instead of the present three year term. He also questioned the
method of payment of annual charges on a quarterly basis 90 days
after the date of the agreement. He suggested immediate payment
could be made. City Attorney agreed.
Resolution No. 40-77
moved its adoption.call vote.
was introduced by Councilman Crosby who
Second by Councilman Martin, all aye ro11
ORDINANCES
1. ORDINANCE NO. 1105 ORDINANCE PROHIBITING AUTOIqATIC CONNECTIONS
LINES . ,.TO PUBLIC PRIMARY TELEPHONE TRI,]NK
Mayor Harrison declared meeting open for public hearing. There
hrere no co[unents from the public, and the hearing was declared
closed.
2. ORDINANCE NO. 1106 I'ORDINANCE REGARDING DOGS ON PUBLIC
PROPE RTY
At the request of Mayor Harrj-son, for the benefit of the audience,City Attorney read this ordinance in fu11.
Mayor Ilarrison declared meeting open for pubJ-ic hearing.
Mrs. Ruth Jacobs, 2965 Arguello Drive, questioned how ordinance
would be enforced.. City Attorney replied the Peninsula HumaneSociety woul-d be willing to enforce it, since they are the recipientof many complaints.
There were no further colunents
clos e d.
and the public hearing was declared
On motion of Councilman Mangini, second by Councitman Crosby,Ordinance No. 1106 passed its second reading and was adopted onthe following ro11 call vote:
AYES: COUNCILMEN: AMSTRUP, CROSBY, HARRISON, MANGINI
NAYES: COUNCILMEN: NONE
ABSTAIN: COUNCILMEN: MARTIN
NEW BUSINESS
City Attorney reported on discussion ofat City Attorneysr Conference.
unemployment ins urance
CLAIM DENIAL
City Attorney recommended that claim of Ms. Hilda M. Rein, whoclaimed damage from disrepair of a City street (Howard Avenue)be denied. Insurance Company representative had investigatedthis claim and had made this recommend.ation.
Councilman Martin moved this ctaim be denied.Councilman Crosby, all aye voice vote.
CONVENTION CENTER
City Attorney read. letter of May l-6, 1977 from bond counsel,Ken Jones, and delivered to Council draft of submittal to fRSand resolution setting up bonding procedure. He requestedCouncil examine prior to next meeting of redeve loprre-nt agency,with comments to him-
On motion of Councilman Martin, second by Councilman Crosby,
Ordinance No. 1105 passed its second reading and was adopted on
unanimous rol l- call vote.
Second by
ol I
AlRPORT BOULEVARD
APP ROVALS
1. WARRANTS 6174 through 6450, duly audited, in the amount of
$379,139.07 were approved for payment on motion of Councilman
Manginl second by Councilman Crosby, all aye voice vote.
2. PAYROLL April , 1977 Check Nos, 4581 through 527? in the amountof $359,932.35 approved on motion of Councilman Mangini, second
by Councilman Crosby, all aye voice vote.
ACKNOWLE DGMENTS
t.
2.
4.
Mart
City Manager communj-cation: Anza Subdivision Project
Reports, Fire and Police Departments for Apri1, 1977City Planner report of Planning Cornmission meeting, l(ay 9, 1977Planning Commiss j-on minutes of April 25, l?f,1. Councilmanin commented on omission of action in one/'st.ance in theseminutes. City Planner stated Council had not received. corrected
minutes.
ADJOURNMENT
Meeting adjourned at 11:20 P.M. to special meeting of May l-8, l-977. t
Respectfully submitted,
6r*ho1,'/,#ocity'clerk
/--t
K (+L4 to-t- k-
Councilman Amstrup remarked on the money City had spent in i,mproving
Airport Boulevard and its present lj-ttered condition. He requested
it be cleaned up.
City Planner distributed to Council notice of exemption on 700Airport Boulevard.
I