HomeMy WebLinkAboutMin - CC - 1977.04.18341
BURLINGAME, CALIFORNIA
April 18, 19 77
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the
above date in the City Hal1 Council Chambers. The meeting was
called to order a! 8:05 P.M. by l4ayor A.C. "Bud" Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by A1fred J. Palmer, ActingPolice Chief.
ROLL CALL
Counc i 1
Counci 1
Members
Members
Present:
Absent:
25
IN
The minutes of the regular meeting of April 4, 1977 and the
adjourned regular meeting of April 6, L977 were approved andadopted. As an addendum to minutes of study meeting of April 6,
L977, Mayor Harrison stated that Mr. David Keystonrs statement thatthe preliminary report for the police station had includedprovision for the needs of Hj-Ilsborough was erroneous, as
evj-denced by a check of the Reel crobman Report.
HEARINGS
1. CONSfDERATION OF AN AMENDMENT TO MUNICIPAL CODE, TITLE
ZONING, SECTION 25.40.020 TO PROHIBIT RESIDENTIAL BUILDfNGS
C-3 (PROFESSIONAL BUSINESS) DISTRICT
Mayor Harrison stated that Ordinance 1l-00 imposed a moratorium
on apartment house uses in C-3 zones and had been referred by
Council to the Planning Commission for study and recommendation.
He asked for report from the City Planner.
City Planner reviewed action of the Planning Commission in their
study and consideration of the alternatives relating to this use.
No recommendation was reached, but findinqs of fact were adopted.
The City Planner suggested that City policy relative to C-3 takei-nto account the fact it was established for office use in 1954
immediately after the establishment of Mills Estates. Office
uses require a special type of location and there might be needfor accommodation of additional offices.
Mr. Hugh F. Connol-Iy, 7450 Chapin Avenue, addressed Counci] asattorney for Terence OrNeil1. He pointed out that the ordinancedelineating the C-3 zone also included a permitted use forresidential purposes, and such use has been legal in this citysince l-954. He emphasized the predicament this moratorium had
imposed on Mr. OrNeill and suggested Council could take appropriateaction to relieve Mr. O'Nei11 while taking desired action on theremaining vacant parcels in this block. Because the moratorium
was emergency, his client had no notice and there was no opportunityfor the Council to know all the facts. Mr. O'Neil-l_ purchased
Ams trup , Crosby , Harri son , Mangin i , Martin
None
MINUTES
Councilman Martj-n questioned lot coverage of the 2f unit apartmentat 1860 Ogden Drive which Terence O'Nei11 proposes to build.City Planner replied coverage was under 50%. The ceneraf Ptanindicated office use for this particular b1ock.
On question of procedure from Mayor Harrison, City Attorneypointed out the Council is considering both the ordinance amendment
and the proposed apartment buii-ding of Mr. OrNei1l. He suggestedCouncil hear Mr. OrNeillrs presentation and then proceed toconsideration of ordinance amendment.
342
the property under zoning regulations r./hj-ch pefiritted apartmentconstruction. These regulations had been in existence for manyyears. He applied for a special permit because the height ofhis building was more than 35' and had a penthouse in addition.
Subsequentl-y the plans were revised by removing the penthouse
and lowering the building to conform to the height Iimit, and theapplication for special permit was withdrawn. However, his plans
were only abo:ut 2/3 complete and he was not in a position toobtain a building permit. He did not kno\^r of the moratoriumuntil the day following its adoption.
Mr. Connolly presented as evidence receipt from Stewart Titfe
Company, dated March 7, 1977, of the sum of $119,302 as purchaseprice of Mr. OtNeill's loti and grant deed by which Mr. O'Neill- andhis wife acquired title recorded on March 8,1977 at 1f :41- A.M.Although the receipt from the Titfe Company d.oes not show thetime of day, it was received before the close of business, showingthat Mr. O'Nej-lI closed the escrow on March 7, 7977, and the
moratorium was imposed that nj-ght. Mr. Connolly distributed to
each Council member copies of the following: checks dated
December 6, ).976 through Itlarch 28, 1977 for work done by thestructural concrete contractor for work done prior to enactmentof the moratorj-um; January, 1977 check to designeft January, 1977
check for soil survey; contract between Mr. O'Neill and D. L.Walker Construction for $60,000 for the structural concrete portionof the building.
Mr. Connof l-y asked that the Council examine Mr. OrNeillrs financialpredicament in relatj-on to the benefit to be derived by theCity from the moratorium and any ordinance adopted. He referredto map showing three remaining vacant parcels of C-3 l-and in theCity, for a total of 2.66 acres. Two parcels in the 1800 Ogdenblock are "A", owned by Mr. OrNeill; and nBr, which is not alegally subdivided lot and on which nothing can be built withoutthe Cityrs approval- of a subdivision map. Parcel "C" on MarcoPolo Way is owned by Peninsula Hospital- Dj-strict and legafly
apartments may not be built on it under their or"rnership. Thereis only one 1ot on which apartments are possible, and that is
owned by Mr. OrNeill.
Mr. Connolly questioned the benefit of prohibiting apartmentson this 1ot when the west side of Ogden is nearly all apartments
and one apartment wiII not significantly change the neighborhood.
He noted that every person who purchased property on the eastside of Ogden kng.v, or should have known, that apartments arepermitted since it is in the municipal code. Therefore it could
have not been unfair or a surprise to them. Hoh'ever, it is unfairto deny Mr. OrNeill his project when he has already spent a sub-stantial amount of money in the understanding that apartments arepermj-tted.
Mr. Terence OrNeill, 1586 15th Avenue, San Francisco, add.ressed theCouncil, reading from a prepared statement. He pointed out thatbefore he bought the property he had contacted real estate andrental agencies who had informed him of the definj-te need forapartments. He had then determined this apartment would bepermitted in this location, and mad.e plans for a building with
18 one-bedroom units and three two-bedrooms, suited for retired
people and young couples. Since only three pieces of property
are involved in the moratorium, he felt it was personally directed
at him. The City had known of his plans for months, as had
nej-ghboring property owners, and there were no objections until
after he had made financial commitments. He noted the presence
of apartments adjacent to professional buil-dings in other areasof the City, and that his building is designed to blend in with
others in the block.
Mr. OrNeill stated that since the moratorium delays have cost
him money and the interest rate has been raised on financing.
He confirmed that the first he had heard of the moratorium was on
March 8, L977 from his designer, onorato Associates, Inc. He
questioned why he could not have been informed of the meetj-ng on
Mar ch 7, 1977 .
Mayor Harrison emphasized to Mr. O'Nei1I that the point of the
moiatorium $/as whether or not an apartment building was compatible
in this block which j-s occupj-ed by professional buildings. There
was no attempt to harass him personally.
Mr. O'NeilI introduced Mr. Gary Serafino, 655 John Muier Drive,
San Francisco, who showed slj-des of the site, nearby apartment
buildings, and many commercial buildings j-n different areas
of Burlinqame with space available for rent. He stated that in
the space of lL hours he took 80 pictures of different commercial
property. He stated he had seen a three-story building on the
east side of ogden which appeared to be an apartment building,
and concluded that Mr. o'Neill's property is well suited for
apartments because of its proximity to the hospital .
Mayor Harrison requested City Pl-anner check City records for the
use at the address of 1820 ogrden.
Mr. David Keyston addressed the Council, stating he did not
know Mr. O'Nei11 personally, but was familiar with the situation
from attendance at Planning Commission meetings. He urged that
the City avoid zoning by emergency ordinance, and saw no problem
with office and residentiat buj-l-dings on contiguous property. He
suggested these uses might even compliment each other in areas of
traffic patterns and times of usage. He confirmed the vacancy
rate for office space. He cited the extreme hardship to Mr.
O'Neill and suggested Council approval of his apartment use.
City Planner Swan returned to the meeting with information that
1820 ogden is an of :[j.ce building.
In surnmai:ion, Mr. Connolly pointed out that the Council is dealing
with the effect of their action against a particular individual;
that the two other sites are not avaifable for apartment use; his
client has already spent $5,700.in addition to the cost of the
land; and if there has been an error in the way the ordinance has
stood for many years, Mr. O'NeiI1 should not be penalized for it.
Councilman Amstrup stated he lived in the
of any apartment on this side of ogden.
Councilman Amstrup questioned why Mr.
contract with the D.L. Walker Company
the property. Mr. ConnolIy responded
to be no risk, the use was permitted,
financing.
area and did not know
orNeill had executed a
in January before he owned
that in January there seemed
and Mr. O'Neill was arranging
Councilman Martj-n questioned what he woul-d have done had the
financing failed. Mr. connolly replied there would have been no
complaint. Councilman Martin commented the point had been made
several times about how much money M.r. orNeill had spent.
However, any money spent up to the time of receiving financing
was a calculated risk. For purposes of record he identified
the person who had originally protested this apartment as Fillmore
C. Marks of Banker & Marks, San Francisco, co-owner of a building
fD,,'6-)otJ
Councifman Mangini questioned if there would have been any way
for I{r. o'Nei1l to recover his money from escrow. Mr. Connolly
affirmed there was not as of March 8, 1977. The Councilman asked
if there were any way lulr. o'Nei1l could get out of the transaction
if Council made the moratorium permanent. Mr. Connolly replied
there was not, reiterating Mr. O'Nei11's expensesrof which onLy
$97? for soil survey could be used in construction of another
type of building.
on Ogden Drive. Mr. Connoll-y agreediness, but no one would anticipate a
zoning Iaw.
and his method othis manner he dplans ready. Hefor 30 years and
risks in every bus-a 25 year old
there
chan ge
arein
Mayor Harrison guestioned the range of rent. Mr. O'Nei11 statedapproximately $265 for one-bedroom apartments and 9325 for t$/obedrooms. He explained he has built some 20 buildings in San Franciscofb
oes
uying was on 120 days closing on the safe. Innot pay interest and has time to get hisated he had been in the construction businessd excellent references.
and
favor
designer,
a
comme rc.i a 1
Mayor Harrison acknowledged following letters in support ofthe apartment buj-1ding: Frank Donahue, Donahue Realtyt DonaldA. Ramirez, 1504 Ade1ine. Opposing the apartment: California
Teachers Association Credit Union, 1825 Magnolia; Mr. and Mrs.E. Podesta, 2f7 Bancroft; Little Churches Investment Company,
1801 Murchisoni Internationaf Paper Company, 1777 Murchison. Hethen declared the meeting open to public comment.
Ms. Jean Hanson, 1128 Bernal , cited an e xtensive study of the area,giving figures which indicate a no vacancy factor in apartments
and many vacancies in comrnercial buildings. She thought this
apartment building would not alter the character of the area, andurged Mr. O'Neill be gj-ven fair treatment.
Ms. Joan Grant, 1723 Toledoi Mr. Gafton, 2970 Trousdate; andMs. Barbara Rice, Burlingame realtor, pointed out need for livingspace in Burlingarne, especially for the efderly.
Mr. Phil Ba1eu, Burlj-ngame resid.ent, favored the apartmentconstruction, pointing out that people in the construction businessoften execute contracts well in advance of the actual startingdate to avoid a later inflated price.
Mr. David Walker of the D. L. Walker Construction Company confirmedthat lini.ng up contracts well ahead of the starting date is
common practj-ce. He stated design work is almost completed, andpayment recej-ved thus far does not cover all of it.
Tom Eisenman of Donahue Realty presented letter from RobertPhyllis Carter, owners of property at 1977 Garden Drive, inof the apartment bui Iding.
Mr. Robert E. Onorato, 600 E1 Camino, San Bruno, buitdingtold Counci1 a deliberate attempt had been made to designbuilding that was quiet, tasteful , and in harmony with thebuildings already existing.
There were no further comments and
cIo sed.
the public hearing was declared
Councilman Mangini stated that while he did not fike the mixingof conrnercial and apartment buildings, the apartment use had beenpermissible until the moratorium. A1so, Mr. O'NeiII coufd notrecover his money which had been j-n escrow, For these reasonshe was inclined to favor Mr. O'Nei1f.
Councilman Crosby questioned if Mr. OrNeill had an option on theproperty. Mr. O'Nei11 stated he had a 120 day option signed in
November on which the last day was March 8 or 9. Councilman
Crosby stated he did not see anythj-ng wrong with making agreementswith a contractor where there was an option on the property.
Referring to the design, he found it compatj-b1e with the adjacentbuildings and saw no conflict. He requested clarification onthe two other C-3 1ots. Mr. Connolly affirmed the PeninsulaHospital ]ot could not be used for other than hospital purposes
unless it were sofd, and the other lot is not IegaIIy subdivided.
6-lA ADitir
4,r!tl,lrxajz- r t, !. t
345
Staff stated this parcel could be developed by means of a parcel
map. The Councilman stated he had no objections to Mr. orNeill'sproject.
Councilman Martin questioned the type of construction for theapartment. Mr. Onorato stated it was 21 units, 34 parking spaces,
subterranean parking, Type 5, t hour construction, over a
3 hour concrete garage. He thought the large commercial buildingsin the area were probably Type 3. Apartment units on the other
side of Ogden were of comparable construction.
Councilman Martin stated his concern was the zoning problem, and
the City must live with the solution. He suggested the emergency
ordinance be made permanent and that Mr. orNeill come back for
a variance.
Mayor Harrison agreed with this suggestion.
Mr. Connol-Iy made a counter suggestion that the moratorium be
terminated, Mr. orNeill be allowed to get his bui]ding permit,
and Council then pass its ordinance. This would save Mr. o'Neill
expensive delay in getting his variance.
RECESS
A short recess was declared at 9:25 after which the meeting reconvened.
Councilman Amstrup voiced his concern that this apartment wouldalter the appearance of this commercial b1ock, with the possibility
that some of the offices might move. He approved the suggestion
that if this project is approved, an ordinance be immediately
enacted to restrict the rest of the C-3 area.
Councilman Mangini questioned if a building permit had been
requested and if the buildinq would be for elderly or retiredpeople. Mr. Connolly replied the plans would be ready for
building permit application in three weeks. occupancy of thebuilding would not be limited to elder]y people, but would beattractive to them because of proximity to shopping and transportation.
The Councilman then stated he approved allowing Mr. OrNeill toget his building permit with subsequent consideration by the
Council- to current C-3 zone provision.
At request of Mayor Harrison, City Attorney listed Council optionsas: make moratorium ordinance permanent; make apartments in
C-3 a conditional use; rescind moratorium with direct.ion forpreparation of ordinance prohibiting apartments in C-3 zone.
Counci lman Crosby moved. moratorium ordinance No. 1100 be rescinded
and City Attorney prepare ordinance prohibiting apartments in
C-3 zones. Second by Councilman Mangini, all aye rol-l call vote.
Councilman Martin emphasized that the entj-re zoning ordinance
needs modification, suggesting this be a Planning Commissionproject after passage of the C-3 ordinance.
2. COUNTRY CLUB DAY CARE AND CULTURAL CENTER, INC., APPLICATION
FOR CONDITIONAL USE OF' COOLIDGE SCHOOL, 14OO PAIOMA AVENUE, AS A
CHILD CARE CENTER - NURSERY SCHOOL AND CULTURAL CENTER
At the request of lqayor Harrj-son, City Planner reviewed previous
Planning Commission and Council consideration of this application.
He noted the application has been modified from that originaflyconsidered by the Planning Commission, and pointed out that theBurlingame School District has declared Coolidge School surplusproperty, which means it can be sold. He noted this as an opportunityfor the City to decide whether or not it wanted to acquire thisproperty.
Ir{r . Hugh
operator
connolly addressed Council on behalf of Ms.of the day care center. Mr. Connolly spoke
Diane dePeralta,of previous
346
suggestion by hi-s client that she fence off a 4,000 SF area ofthe playground so that the rest of Ehe 27,000 SF area would be
open for neighborhood use. He advised, however, that the
SchooI Board will not permit such fencing. Ms. dePeralta must
have some control of the area, and he suggested permit be con-
ditioned on staff approval of some appropriate method.
Mr. ConnolIy reviewed points of amended application. School will
be licensed by the State for a maximum of 49 chil-dren. Day care
center would be open from 9:00 A.M. - 5:00 P.M. After school
care would be from 2z3O - 5:00 P.M. Cultural center would be
open from 5:00 - 7:00 P.M. Maximum age would be 14 years, whichwill eliminate parking problem from adul-t attendance. He suggestedpermit be made co-extensive with the ownership of the property
by the School Dj-strict. Eis client is aware that the SchoolDistrict has declared the property surplus. With reference tothe Council's designation of this school as a "business" hepointed out there are as many as 12 definitions of "business. "
Council-man Crosby questioned if there were
the School Board reconsidering the fence.
there \4ras not.
any possibj-Iity of
Mr. ConnolIy indicated
Councilman Mangini questioned if Ms. dePeralta would be leasing
on a month to month basis. Mr. Connolly stated that was all the
School District would alIow.
Mayor Harrison declared public hearing open, The followingpeople spoke in favor of the school: Elizabeth Blockenbergr,
f907 Murchisoni Nina Moreira, 3099 Rivera; Claudia Hanson, 1414Paloma. There were no speakers in opposition, and the public
hearing was declared closed.
Councilman Amstrup objected to this use because he considered ita conrnercial operation in a residential area. He hoped that if
the School District sold the property it would revert to residentiaf
use.
Councilman Martin quoted Pfanning Commission minutes of February 28,
1977 which refer to Ms. dePeraltars concern with "babysitting the
whole neighborhood during the week. " He questioned j-f there wasstill this concern and if there would be joint use of the pfay-
ground. Mr. Connolly remarked that is why the fenced enclosure
seemed the solution. Ms. dePeralta stated that she had noobjections to neighborhood children's use of the area. The
School District has liability coverage on the playground and she
also has coverage for her pupils. She suggested gates wj-thlatches arranged so that smal-Ier children could not get out butolder children could get in.
Councilman Martin noted reference in same minutes to Ms.
dePeralta's possible purchase of the property. He stated he did
not think the Schoo1 District wou]d sell this for commercialproperty, and he wanted it on record that he violently opposed
any such use. Mr. Connolly pointed out that in event of sa1e,
every public agency could bid on it; that Ms. dePeralta's lease
is for only the term of the School District ownership; and if
Ms. dePeral-ta should buy the property, the City has not comrnitted
itself to a special permit.
Councilman Martin reviewed conditionswith the addition that there shaIl be
previously discussed,
no expansion of the area
Mayor Harrison questioned if State license specified 14 year
old maximum. Ms. dePeralta stated that State licenses apply
only to day care chj-Idren.
City Attorney noted that it would probably take longer than six
months to sel-I this property. If Ms. dePeralta wished to buy it,
she would be involved j-n competitive bidding.
347
Councilman Martin moved this special permi.t be granted, withconditions as specified, i.e., maximum of 49 children, maximumage 14 years,day care center open from 7:00 A.M. - 5:00 P.M.,after school care 2230 - 5:00 P.M., cultural center open from5:00 - 7:00 P.M., permit to be co-extensive with the ownershipof the property by the School District, no Saturday or Sund.ayuse of the school , joint use of the pl-ayground area with thea]ternati-ve of a fenced i-n area for the use of the school. Secondby Councilman Crosby, motion carried on following rol-1 calf vote:
AYES: COUNCILMEN: CROSBY,MANGINI , MARTIN , HARRI SON
NAYES: COUNCILMEN: AIISTRUP (for reasons stated)
3. DAVID C. CARR r,OR 200 PARK ROAD COMPANY: APPEAL FROM PLANNING
COMMISSION CONDITIONAL APPROVAL OF SPECIAL PERMIT FOR ADDITION
TO BUILDING AT 200/2l-6 PARK ROAD
Mayor Harrison acknowfedged letter of April 13, 1977 from Carr, McCleltan,Ingersoll, Thompson & Horn requesting a 30 day continuance forthis appeali and memo of April 14, L971 from City planner recom-
mending hearing proceed as scheduled to permit public input.
Mayor Harrison declared that since this is a noticed meeting,the meeting $rou1d be open for public conrment.
Councj- lman Martin stated that he would not take part in discussionof this project because of a previous association $rith developmentof the property and possible conftict of interest.
1. ERIC G.
LOUNGE, 269
MAUSSER FOR BLACK HORSE RESTAURANT AND COCKTAIL
PRIMROSE ROAD
On Council question,
be more rel-axed than
Mr. Mausser indicated type of music wouldunder the previous management.
rTrT"rT'rwr!!-!7-rF r't|'rt-'!rr,.]}{!l'E rrnt',r.*-rvtr. |.BrrF-"5r-a,F,llt
in use without Planning Commission review. He questioned ifthere would be use on Saturday or Sunday. Mr. Connolly said
Saturday had been incfuded in the School District lease, but he
agreed to eliminate that day. On the question of joint use ofplayground area, he asked if an acceptabl-e alternative would bethe fenced in area, providing the School Board agreed. CouncilmanMartin agreed. Since this is a different application than previously
presented, he was inclined to r,/ithdraw his objections, providing
conditions specified at this meeting were met.
Mayor Harrj-son concurred in this opinion.
Ms. dePeralta questioned if opening time could be changed from9:00 A.M. to 7:00 A.M., since many parents must drop off theirchildren on the way to r^rork. Councilman Martin agreeil, sj-ncemorning traffic problems in this area are sligh!.
There was no audience conment.
Thereafter, Mayor Harrison continued the hearing to the meetingof May 16, 1977.
APPLICATION FOR ENTERTAINI4ENT PERMIT
A communication dated April 14, 197'1 from the Department of police,
s j-gned by Lieutenant R. J. Quinn, for Gerald A. Nordstrom, Chiefof Police, reviewed operation of this establishment under the newowner, and stated there was no anticipation of any future problems.
Recommendation was made that permit be granted for a period of 90days. Memo of April 4, 1977 from Fire Chief stated inspectionhad found satisfactory compliance with fire regulations. Notationof April 5, L977 from Health Department official indicated no
ob j ection.
348
Councifman Amstrup moved this permit be approvedsix months, second by Councilman Crosby, all aye
COMMUNI CATI ONS
for a period ofvoice vote.
I. TOM SIMPSON, L29 4
RACE, SUNDAY, JI]NE 5,
BURLINGAME AVENUE, REQUEST TO HOLD BICYCLE
DOWNTOIIN BURLINGA.I,IE
Mayor Harrison read application letter from Mr. Simpson which
specifies time limits for the race as 8:00 A.M. - 1:00 P.M.,
Iists sponsors of this race as the Burlingame Jaycees and the
Endspurt Cycli-ng Club .
would be a
B url ingame
and
comb ination
Lion s
Mr. Simpson addressed Council, stating thereof cycling club races and public races. The
Club wishes to sponsor the public races.
In response to Mayorrs question, Acting Pol-ice Chief stated he
foresaw no problems except the time of the 10 to f2 officers -I reserves anil 3 regular police officers - to direct traffic and
maintain barricades.
Mr. Simpson indicated sponsors of the races are donating theprize money.
In response to question from Councilman
stated liability was covered by private Amstrup, City Attorney
carriers.
Councilman Martin moved permit be granted,
Crosby, aI1 aye voice vote.
second by Councilman
1. ABANDONMENT OF EASTON ADDITION STRIP WITH CONDITIONS CITED IN
CITY I4ANAGER MEMORANDUM OF APRTL 14, 7977
Director of Public Works memo of April L3, 1977 reconsnended
abandonment of 4' drainage alley strip adjoining Lot 32, Block 50,
Easton Addition #4, providing the City is granted a public utility
easemenL over the area by the o$rners of Lots 32 and Lot 33. The
alley presently contains an 18" storm draj-n and a private sevrer
lateral . Public utilities have been contacted to determine if
they have facilities in this a11ey. By memo of April L4, 1977
City Manager concurred. in thj-s recommendation, with the condj-tion
that the required easement is retained by the City and the owner
of Lot 32 pays all costs of processing this strip abandonment
procedure.
2. ENCROACHMENT PERMIT, 1440 BENITO AVENUE, RECOMMENDED BY PUBLIC
WORKS DEPARTMENT
Assistant City Engineer's memo of April 6, L977 recommended
approval of encroachment permit for drain in alley for thisproperty which slopes to the rear. Dra.inage of excess runoff
from the property is required by code. Attached sketch detailed
ins tal lation .
3. CITIZEN SWAP DAYS, RECOMMENDED BY CITY ATTORNEY WITH CONDITIONS
City Attorney's memo of April 6, L977 recommended Council approval
of the Burlingame Business Association proposal for Citizen Swap
Days on April 24. Parking Lots E and J will be used with hours
between 1l-:00 A.M. and 6:00 P.M. Persons using booths will be
restricted to licensed Burlingame businesses and residents of
this City and Hillsborough. Certificate of insurance has been
provided that protects the City from liability.
Mayor Harrison questj-oned sal-es tax collection. Mr. Harry
Graham of the Merchants Association stated that merchants must
CONSENT CALENDAR
349
collect sales tax, individuals do not. The Mayor questioned if
individual permits were necessary. City Attorney stated that the
merchants are already licensed, and individuals are not licensed
for such matters as garage sales.
4. CLAIM OF CHRISTINE FAIRBANKS, INJURY. DENIAL RECOMMENDED BY
CITYIS INSURANCE MANAGEMENT FIRM AND CITY ATTORNEY.
City Attorney's memo of April 14, 1977 reviewed cfaim of
Fairbanks and the recommendation by the City's insurance
firm that the claim be formally denied, since the injury
occur on City property.
Chri stine
management
did not
City Attorney concurred in their recorunendation for denial-.
RES OLUTI ONS
Public Works Director reviewed these projects which involve
the joint powers agreement with south San Francisco and Miflbrae.Feasibility study has been accomplished on these projects,
dechlorj-nation and sludge handling; and this procedure, Stage II,
is the filing of appfication for Federal and State grants of 87\zof the project cost. Plans and specifications could be ready by
the middle of August.
In response to questions from Councilman Martin, he stated thatthe feasibility study had been required by the Regional Water
Quality Control Board. When the City went into the sewer
outfall agreement it coromitted itsel-f to dechlorination. Using
reclaimed water on the golf course will present no problem since
the Cj-ty's system must be modified in any event. The Cityrs
share of the cost of the project will be about $182,000, paid for
by the sewer rate charge.
t{e assured the CouncilnEn the joint powers agreement will save theCity capital costs in the long run and is the only \,ray the City canget state or Federal funding for the projects. The City couldpu1l out of the sludge project, but any capital costs must then be
borne by the City aIone.
Councilman Martin emphasized that the Cityrs commitment todechlorination was because of a mandate by Governmental agencies.
The City itself must pay for this requirement; and he wanted taxpayersto be aware that C,overnment is mandating procedures but not
assuming the costs .
Councilman Crosby introduced Resolution No. 31-77 and moved itsadoption. Second by Counci lman Mangini, aII aye ro11 call vote.
Councilman Martin remarked his vote was reluctant.
2. RESOLUTION NO. 32-77 IIRESOLUTION OF THE CITY COUNCIL OF THE
wasCITY OF BURLINGAME ADOPTING AN AFFIRMATIVE ACTTON PROGRAMI'presented to Council- for consideration.
City Manager's memoranda of April l and April 14, 1977 detailednecessity for Cityrs adoption of an affirmative action program
and included plan for its implementatj-on. Thj-s program, mandatedby Federal 1aw, must be put into effect in order to receiveFederal and State funding in all areas. This includes RevenueSharing funds and others, as welf as the CETA program from whichthe City gets about $50,000 a year. The City Manager pointedout that the City does have a policy of non-di scrimj-nation ,but this does not meet the requirements. A definite plan and
Councilman Martin moved the consent calendar be approved.
Second by Councj-lman Crosby, all aye voice vote.
1. RESOLUTION NO. 31-77 ''A RESOLUTION AUTHORIZING FILING APPLICATlON
FOR MTS I'OR NORTH BAYSIDE SYSTEM UNIT
WASTEWATER PROJECTS C-06-1235 AND C-06-1267 AND RELATED MATTERS.II
350
projected quotas for future years must be
bring about parity under the Civil Rights
put into effect to
Act.
Mayor Harrison questioned how percentages had been determinedin the establishment of goals for employment of females, Spanish,
B1ack and Asian people. Cj-ty Manager explained percentages of
these minorities had been determined in San Mateo County, the
area from which Burlingame draws its work force; and Burlingamersgoals had been set up on a five-year plan.
Councilman l\mstrup stated he thought any program that
based on true equality is discriminatory. He thoughtdiscriminatory program.
Mayor Harrison restated his concern with implementation
time limits. City Manager considered if the City couldeffort in implementing and explained situations where itpossible, that would be satisfactory. He noted that the
does not have to hire unqualified people.
introduced by Councilman Mangini,
by Councilman Crosby, carrj-ed on
is notthis is a
Councilman Mangini noted that there can be no discrimination
because of age, and questioned why this was not listed in thepolicy statement. City Manager replied that apparently it
could not be included; under this program age information is not
to be requj-red from applicants.
Councilman Martin stated he would vote agaj-nst this resolution.
He \"/as opposed to "carrot and stick" legislatj-on and this typeof program can prove to be a trap. He cited instance of with-
holding of funds from ABAG because there were not enough blacks
and people with Spanj-sh surnames j-n its representation. Atthe same time it is difficult to find minorities who qualifyfor some professions. He stated he was not against open hiring,
and not against minorities. He vTas concerned with possible
Government action in the event the proposed goals were not met.
Regarding the quotas for femal-e department heads, he statd itis sometj-mes difficult to find qualified women, especially in the
areas of Safety and Park.
Mayor Harrison was concerned that if this resolutj-on were not
passed the Cj-ty would be penalized j-n receiving funding, but he
was afso concerned \,/ith implementation and quest.ioned what would
happen in five years if the City does not meet these goals. would
the City be allowed to reset the goals or woufd there be a
pena lty ?
The City Attorney pointed out that the greatest hazard to theCity $rould be from ]awsuits instigated by disgruntled applicantsor employees who would claim the City was not complying with this
progr am.
and
show an
was not
City
Councilman Amstrup thought the only r.7ay to be non-discriminatoryin hirj-ng is to treat alI applicants equally and fill positions
on the basis of ability. He stated that if this resol-ution isnot passed, the City itself will be discriminated against.
RESOLUTION NO. 32-77 was who
themoved its
following
adoption,rofl call
s econd
vote:
AYES:COUNCILMEN: AMSTRUP (Teluctantly), CROSBY,MANGINI,HARRISON
NAYES: COUNCILMEN: T4ARTIN
3. RESOLUTION NO. 33-77 ''RESOLUTTON DECI,ARING INTENTION TO
VACATE AND ABANDON PUBLIC UTILITY EASEMENT, ANCHOR EASEMENT AND
WIRE CLEARANCE EASEMENT WITHIN LOTS 7, 8 AND 9, BLOCK 5, AS
SHOWN ON THAT MAP OF EAST MILLSDAI,E INDUSTRIAL PARK, UNIT NO. 2"
was introduced by Councifman Crosby, who moved its adoption,
351
second by Counci.lman Martin, all aye
Public hearing on proposed vacationof May 2t L977.
voice vote.
scheduled for regular meeting
ORDINANCES SECOND READING HEARING
1. ORDINANCE NO. 1103 "AN ORDINANCE ADOPTING BY
ENVIRONMENTAL HEALTI] CODE OE SAN MATEO COUNTY AND
PROCEDURES APPLICABLE THERETO . ''
Mayor Harrison declared meeting open$/ere no comments from the public, andclosed.
REFERENCE THE
FEE AND PERMIT
for public hearing. Therethe hearing was declared
City Attorney cornmented he had reviewed this code and proced.ures,and it is basj-ca11y in uniform use throughout the Couniy.
On motion of Councj-lman Amstrup, second by Councilman Mangini,Ordinance No. 1103 passed its second reading and v/as adopi.ed onunanimous ro11 call vote.
ORDINANCE - INTRODUCTION
1
o
bi
. ORDTNANCE NO. 1104 "AN ORDINANCE INCREASTNG THE TRANSIENT
CCUPANCY TAX TO SIx pER CENT" \^/as introduced for first readingy Councilman Amstrup. Councilman Amstrup noted that most citiesn the area are charging 68, and San Francisco now charges g?.
UNFINISHED BUSINESS
1. PAR COURSE IN WASHINGTON
SCHOOL PROPERTY AS REOUESTED
TEACHER
PARK EXTENDING FROM BURLINGAME HIGH
BY SHARON HEFFERNAN, PHYSICAL EDUCATION
Councilman Mangini moved this par
Second by Councilman Crosby, all course be
aye voice
approved in principle.
vote.
2. WELLS IN BURLINGAME
1. HILLSBOROUGH LTBRARY SE RVTCE
Councilman Mangini suggested the value of a study of the welfsin the City as to location, quality and availabiiity. wellscould affect the welfare of the City in event of dj_iaster.
Mayor Harrison suggested the Director of public Works and theretiring City Librarian work together on this project. Bothagreed to cooperate in thj-s study.
NEW BUSINESS
City Manager's memoranda of April 15 and April 1g, t97i informedCouncil that the Town of Hillsborough is under demand by theCounty to join the County Free Library System, or establish andmaintain a town library, or contract witf, erriingame and/oisan Mateo to make library services availabre to ;11 Hilrsboroughresidents. Letter of Apri] 14, lglT from Robert M. Davidson,City Manager of Hillsborough, informed City Manager that CilycounciL of Hilfsborough offereal $90,000 roi rruriry services tobe sprit between Burlingame and san Mateo. Mr. Da;idson requesteddecision by May l, 1977, after which, if no favorable decisionis reached, Hillsborough woufd be free to choose another alternative.
9ity lt?!"Sgr reported he will- meet with Mr. Davidson on Wed.nesday,April 20 , 7977.
City Manager's memo attached April 19, t9i7 report from FinanceDirector giving cost formulas and. tax formulas on this Iibraryservice and indicating that charges would exceeal the 990,0001imit. Finance Director recommended that Burlingame, San Mateo,
,?"rrrFYlqrFlrlr?FF "itlt.igr Iur.dt qY.t1ftrrri-rtFwr-],lnffi +'r_ _
352
and Hillsborough adopt a formula based on per capita cost allocations,
with Hil-lsborough payments to be adjusted annually.
Councilman Amstrup suggested an extension in time be obtained
from Hillsborough, since it is obvious they cannot be given an
answer by May 1. Cj-ty Manager stated Hillsborough must give
the County their solution by June 1, 1977, however, Mr. Davj-dson
has later indicated he can wait untj-l- after the next regular
meetj-ng on May 2, 1977.
Mayor Harrison suggested discussion at study meeting of May 11.
Council agreed time was needed to study this matter.
Counci-l-man lvlartin suggested that if Eiflsborough goes with
County they will be using our library. He questioned if
Burlingame shoufd pull out of the County Library system in
event.
the
that
City Attorney
several weeks
commented the new City Librarian woufd be gone for
and Council should include her in the discussion.
Mayor Harrison instructed City Manager to inform Hillsborough
decision would be maile at May study session.
PROCLAIVIAT I ONS
APPROVALS
1. CHAMBER OF COMMERCE QUARTERIY REPORT APRIL 1 THROUGH JUNE 30 , 7977
was approved on motion of Councilman
Amstrup, all aye voice vote.
Mangini, second by Councilman
2. WARRANTS 5870 through 6173, duly audited, in the amount of
$329,02T.06 were approved for payment on motion of Councilman
Manginl , second by Councilman Amstrup, all aye voice vote.
3. PAYRoLL March, 1977, Check Nos. 3875 through 4580 in the
Mangini ,amount-oF5352 ,645.21 approved on motion of Counc i lman
second by Councilman Crosby, all aye voice vote.
ACKNOWLE DGMENTS
1. Burlingame Business & Professional Association letter of
ApriI 12, 1977 with attached resolution dj-rected toward expansion
of police station on its present site and d.evelopment of down-
town parking structure rather than construction of police station
on Carolan. In acknowledging this communication, Mayor Harr.ison
pointed out that prelj-minary plans for the police station will
be availabte on the study meeting date of May ll ,7977. At
that time alternate plans can be considered. A1so, Traffic
Engineer is updating Deleuw Cather report, with a target completion
date of JuLy, ]-917. He suggested that business groups consj-der
an entrepreneur who coufd finance a double-decked parking structure
on Parking Lot 3 and lease j-t from the City.
Councilman tunstrup protested that attention should be given to
the merchants' groups' concerni and discussj-on now about lack of
money in the Generat Eund would make possible a sol-ution at
budget time.
Mayor Harrison proclaimed May I
May 1, 1977, "Loyalty Day; " the
Compliance Month - 55 Mj-]es Per
Counc i fman
$2,000,000it was thepriorities
- 7 , L977 "Hire A Veteran Week";
month of May, 1977 as "May
Hour . "
Martin referenced Finance Directorr s figure of
to be spent on capital improvements, and questioned if
intention of Councj-l majority not to re-examine
until- after Potice station is committed.
353
Council-man Mangini emphasj-zed that Council has already established
police station as first priority and parking second. Council
has defj-nitely stated that attention will be given to parking.
Mayor Harrison concurred that the police station had firm first
priori-ty in his mind. He could see some shaving on its construction,
but he considered the need to satisfy the services for many
citizens took precedence over re-evaluating the matter as a
result of pressure from special interest groups.
Councilman Amstrup voiced confidence in the abilj-ty of the
Pol-ice Department to function well regardless of its housing.
He quoted figures establishing the fact that if the police station
is given first priority there will not be enough money left for
parking.
Councilman Mangini affirmed he saw no
and did not approve taking taxpayersl
this time.
to change priorities
for parking atre ason
money
Councilman Ams trup
being depleted, and
the generaf fund is in danger of
should be left in it.pointed out
some monles
Mayor Harrison again stated preliminary plans would be consj-dered
in terms of saving costs wherever possible.
Councilman Crosby revj-ewed Council discussj-on on police station
since first cornmittee was appointed in 1973 by then Mayor Martin.In 1975 the police station was made first priority by Council-.
He stated Council knew at that time, as they know now, that it would
be necessary to draw from general fund reserves and other monies
corunitted to capital projects. He thought prelimj-nary plans
could be considered with a view toward cutting costs, and he had
not changed his mind as to priority of the police station.
Councilman Amstrup suggested the business association be informed
of Council's attitude.
2. Copy of letter dated April 7, 1977 from Mayor Lepore of
Millbrae to the Airport Director of San Francisco International
Airport. Councilman Martin revj-ewed this l-etter which states
Millbrae's concern with proposed blast fence at Runway #1 with
primary purpose of noise abatement from takeoff over the Bay.
Millbraers position is that increased use of the runway mightresult in greater noise impact. on cities of Millbrae, Burlingame,
and Hillsborough and that an analysis should be made of the impact
from increased departures.
Councilman Martin moved that the City of Burlingame write letterin support of Millbrae's position. Second by Councilman Amstrup,al1 aye voice vote. City Manager was directed to write suchletter.
3. Minutes: Planning Commi.ssion March 28, L977; Council study
meeting notes, April 6, 1977.
4. Pofice and Fire Department reports.
OTHE R
Mayor Harrison announced meeting of Council of Mayors on April 22,
1977 in Pacifica; and a "Hold the Line Program" for the North
CounLy Council on May 7, L977.
He extended. invitation to the Council- for the opening Saturday,ApriT 22, L977 of the Bobby Sox League at Washington Park.
351
FROM THE FLOOR
Mrs. Ruth Jacobs, 2965 Arguello Drive, colunented she had beentold about a year ago that there would not be a tax increase tobuild the police station. Mr. David Keyston suggested setting atax rate and adopting a budget to fit it. Counc i]man Martin approvedthe idea of a zero based budget. Council-man Amstrup stated he
had discussed such a budget with the Finance Director, but itis too late in this year to accomplish.
Police Officer Thomas Marriscolo addressed the Council aspresident and representative of the Burlingame Police Association.
He stated the Association had never taken a stand on the policestation for various reasons, and Councilman Amstrup's remarks
concerning the quality of police service were appreciated. However,there is a need for a new police station, as space is limited
even with the additional space in the adjacent office building.
He spoke of inconveniences in dealing with the public in the present
building, and said the Association recognizes the need for parking
in the city; but a new police station would give the citizens of
Burlingame better service.
Councilman Martin remarked he did not think
considered there should not be any additionBut the question is where, when and how.
any member ofto the police the Councilstation.
ADJOURNMENT
Meeting regularly adjourned at 11:25 P.M
Respectfully submitted,
/"41#
City Clerk