HomeMy WebLinkAboutMin - CC - 1976.11.1523L
BURTINGAME, CALIFORNIA
November 15, L976
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the above date in
the City Hall Council Chambers. The meeting was called to order at 8:06 P.M.
by Mayor Victor A.Mangini.
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Jerome F. Coleman, City Attorney.
ROLL CALL
Council Members Present:
Council Members Absent:
Amstrup, Crosby, Harrison, Mangini, Martin
None
MINUTES
The minutes of the regular meeting of November 1, 1976 were approved and adopted
after correction of title of Paragraph 4, page 11 of draft minutes which should
identify the "Burlingame Civic Arts Council!' rather than the "North County Arts
CounciI. t'
BIDS - CONS]DERATION OF:
I STORM DRAIN AND SANITARY SEWER IMPROVEIiIENTS, JOB NO. 76.10.
City Engineer's memo of November 10, 1976 transmitted to Council summary of
bids received on this project. Bid openi.ng Tuesday, November 9, L976t 2:00 P.M.
Bid Summary on file in Vol. 18, Page 23lrrcouncil Minute Book in City Clerk's
Office. City Engineer recommended. Council approval of Low bid of $59,123.00 by
Wenrick & Associates. By endorsement thereon City Manager concurred in recormnending
this contractor.
Mayor Mangini requested comment from the City Engineer, who detailed funding for
this project located in the Burlingame Avenue - Myrtle Road vicinity. Total
cost will be $69,723 with administration and enqineering. Housing and Community
Development Funds provide for major portion of cost, with $10r000 contribution
by developer in the area, and balance of funding from gas tax. Approval for
project has been received from Housing and Urban Development Agency.
RESOLUTION NO. 84-76 "AVJARDING CONTRACT - STORI,I DRAIN AND SANITARY SEWER IMPROVEMENTS'
JOB NO. 76-10" (Wenrick and Associates $59,723.00) was introduced by Councilman
Harrison who moved its adoption. Second by Councilman Amstrup, all aye roll
call vote.
AIRPORT BOULEVARD PAVING & LANDSCAPE PROJECT. JOB NO.76-12
By memo of November 11 | L976 City Engineer transmitted sunmary of bids received
on this project. Bid opening November 1I I L976, lI:00 A.M. Bid Summary on file in
Vol. 18, Page 232,xCoancil Minute Book in City Clerkrs Office. City Engineer
recommended Council approval of low bid of $77 rL46.2O by Munkdale Brothers. By
memo endorsement, City Manager also recommended approval of this contractor.
At Mayor Manginirs request City Engineer detailed scope of work, particularly
pointing out that Bid Item No. 21 is an alternate which provides for maintenance
of landscaping foraperiod of 60 days, at a cost of $400.00. He recorunended this
alternate be included. Total prolect cost with engineering, landscape architect
and administration would be $861589. Major funding would be from gas tax, with
bike path funds providing $I3r503 and Anza Pacific contributinq $1r9OO for the
entranee sign.
RESOLUTION NO. 85.76 "AWARDING CONTRACT - AIRPORT BOULEVARD PAVING AND LANDSCAPING
PROJECT (JOB NO. 76-L2) " (Munkdale Bros., Inc. , $77 tL46.20) was introduced by
Councilman Harrison who moved its adoption with the inclusion of Bid Item No. 2L,
alternate for maintenance of landscaping. Second by Council-man Crosby, all aye ro11
2
l-
/*f.u A 3 8'*4-/t,
ffi@tryr.
-t
232
call vote.
HEARING
I. APPEAL OF DR. GEORGE DERUGIN FROM PI,ANNING COMMISSION
PERMIT FOR THE PROPERTY AT 1521 CABRILLO AVENUE.
EECISION RE: SPECIAL
Ser al*r Prc;
Before this presentation, Councilman Harrison clarified the issue as being an
appeal of a Planning Commission condition on the approval of the special permit,
which condition specifies that the accessory building may not be used as
overnight sleeping quarters.
The Assistant City PLanner referred Council to site ptan of this large 17,000
SF lot. Site plan indicates two major buildings. One is the residence and one
the accessory building in question, which is a two story cabin separated from
the residence by Mi1ls Creek which bisects the property. Access to the cabin is
by wooden foot bridge. Property is a "flag 1ot" with access to dwelling by a
I5r right of way to Cabrillo. The accessory building is more than 250' from
Cabrillo, the closest approach a fire truck could make. He detailed layout of the
accessory building which was constructed in 1966 without a building permit.
Building had included fulL utilities with bath and kitchen, but subsequently
owner had been required to remove the kitchen.
The Assistant City Planner reviewed Planning Commission action on the application
which limited the use of the accessory building to library and recreation
facilities. He stated the Commission action was predicated on the recommendation
of the Fire Department, and quoted September 22t J-9"76 memo from Fire Inspector which
in part states, "We do object to the use of the building for living (and sleeping)
purposesr dsElperson could be trapped in the structure with reduced chance of
being rescued by the Fire Department...Getting fire hoses, ladders and other
equipment to the accessory building would be difficult, and the structure could
or could not be recognized as living quarters."
Mayor Mangini requested cLarification from City Attorney as to Council position
on this type of appeal. City Attorney considered that while the appeal was from
a condition imposed by the Planning Commission, the Council could make a motion
to grant or deny the special permit with or without conditions.
Mayor Mangini declared the meeting open for public comment.
Dr. George Derugin, L521 Cabrillo, read from a prepared statement, mad.e a part of
these minutes, which detailed background of property and his basis for appeal.
Dr. Derugin, in particular, cited City Ordinance 539 which establishes zoning
districts and sets forth the powers of the Planning Conunission. He contended the
provisions of this ordinance demonstrate that the Planning Commission was diseriminatory
in his case by making an individual judgunent not applicable to all citizens. He
further considered that the Planning Commission had violated his constitutional
rights by penalizing him for a violation not yet committed nor intended by him,
i.e., using this accessory buitding for a rental unit.
There was no further comment from the audience and the public hearing was declared
closed.
Councilman Amstrup questioned Dr. Derugints statement that the use of this
building was approved by the City as implied in statement on,Building Permit issued
May 26, L975 to a former owner, Alexander Ralli. He did not recall the Council
had ever given their approval, and cited this as an example of illegal construction
which, sooner or later, ends up with the Council. He asked City Attorney for
clarification.
Mayor Mangini requested report from Assistant City Planner on this matter.
The City Attorney stated the city had considerable contact with Mr. Ralli at the
time of his application for a pareel map. At this time the City had asked Mr.
Ralti to make a number of corrections.to this structure, and the permit was sought
by him for this reason. The City Attorney emphasized that Mr. Ralli had not ever
received approval of this building for the proposed use, although Mr. Ralli had
typed on the application for building permit, "Comply with conditions as set by the
City Planning Commission and the City Council in ther approval of the use of the
accessory building as the Rumpus room-Recreation Building... " The building inspector
had assumed this was true and had signed the permit. The City Attorney concluded
that Dr. Derugin was misled. fu
!:,:.G.orc.e Dc:ugin15?1 r,r"br1,l .i or:ur-'litrgirme, Ca, 94O10
Tq the li,rerrrbers o.ib the0ity of Burlillgame
ApPE4!
Iiris is to a;rpeai for a. Special permlt thatof iL:r ir..rce,-.so:,:y uuii,rin*-irr'o,y prollerty at 1521ij Ltl;It ef g .
wo
Catr
u1d permitrlilo Ave.tthe useas gues
-'r-c' Spocial- Permi'b i ssr,t:cl by the 0ity plan,tin,, Con::.]i.,,:]i,1l rl:,ili ljIIii;. *,,. t,,"--or"ir,.,t r,,,,,u; ;"";.,fif;ililZl3l]"::'/('1J !!r-L rr' r v! -Lt-(-1 r' ''ri:-it this builriing lright be useo by a_ .rluturec 'r'ic'i:' :'"s 'r r':ntal urij-t i;he go,l,1]i"li""-i,rioseo I rirnitirre condition oni i's 'ire'r; i 'b " t,a.t ,iero, o;-"; overni6;1-rt -;;cupancyr.
Bacl<fli:oir nal
. --L-ir jui.:i, 1975 T lrurcij..secl tlre r,rbove pro,nerty to beeome the newlr{'r 'rrriti'rc "ri' rri\, -,r' i-r:r. ,r}ti,-o*5ti ;.;";,,,in iuirairi,,. *,.n too smar_r_ fo.c rr ;re::'' ', 1ri,).r,lrorrl:.1.,1r j.,-rc-]lri1er,"i rr".,rti.ir.1;-;;iilruiao three_ro6m'.- l' irrrilrii-:iL, :''j."1,, '.,i.;i;r,d '',jlri,iil-"Lii;;i,,.*i"*"opt a lcit_') | .), ,. i r, . .1 . ,I,,.,, ,,,,' i,," .,nr.,.]ir:_-, 1,..i 11-;o_ll,.r1l "r.r1r"tinp;, etc. ,iii :t i,-i,l-,:r:n ,i,r, ni'', ,,: ;, r--;;''ti-,.,"cLrrrr by r,lilrs Oreek. Ani l'r)ll-,il.] ,1^te \.,'oc l.lit it,.i.11., , r.,:1,,i, tu .,,. ii ., e,rcrna i)ui_Lcling; it is sur_r(: i;; 1.r r.J t..1,; l;r'r:e s ,,i,,, ,,-i ,,,,.o,.a. .il1 i;i-is Cr:,ea.tes; r; of o,1y a sce_l'. 11,'r i). .1i i ir6, ll ,"l.;-1i r; |1_r:.1,1 i,;r ,,a,,., aj, ra.,,,, l;U-b l.: f Sjo peffnitS t i,'.'-ri-r-roi i c ri . i r r r; i,.i c,r oi' ,,r.c *,,"-..,ri- i,,iit i,. t:ic rot, oi. t.,," northe::nli lr' )r' '... , Lr.rl ,i, ,..,_r.i c,: r. 1-t ,. iri,,.,;..,uiu""r.enrr.in total-11,_ lvirstci_i :rnd';'r ; iri'irr ': r,i -'"ei, u' .: i."r,, ;iir,oe ii,-rJu,a rcr.LL t.-inbr,..rrere,.
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pital-ity'.'iu,trave frr:,1uen'b1;.r v-""4 U, s'ca,;'i11, io
d.istricl regulcLtioris peri,ii t sr:tch sr-re:it '1u-arterssory builcli-ng-s. }rief1y, r.''e lianted' to ' r','(e ourl
garne olre of the iaost at1;ri:ctive, beaitti-fuJ- arid-
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o r i'Ic,,:.1-i,,,c'nce by the tli-uy
JusLbyc:rer:.lceIi'i].l]]n.',t-l-r:.i'L|r-,c.i''-
r'IOt i;C 1^,;, e aVla::e Oi eVet' har',it: , ii]r, r'OV.e'i Lrri' 1.1 -'r:r ()' ;"r Lil :Ci''elrl Ol'J
buiidin_ clll ltlJr1.rpcIrlll 1,i. -t: :,. -111 ill lt-rlj-rl(lct.'(:.r--lj-':ti ,..-il'rj-:-. i,liL','-:ii.;1
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a io;:nrai- ir1,pJ-icatitl,,t be SLIbI'r ,i 1;ted '.,'rr-icit - :rio, -.l:'';rill., ": :'e)(l u'r'
u75.00.
,iJuri ni.,'1,. ?--lr 1,:'l(-:1,e ;i".:iL. i.lr ,1,i-;i.r'-i;-
CrI ;:'- .,LLij i.,I r l',l-. , : i:I
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r-.;ng---;],;r:i 1r;'il. r,() "',, ij"r.:. 1 i ; :.
L., .lLC'i;',,: ,'i; I vr,,i61 ,1. ';r'1' ,i;-r';ll(.i
out t,hl.t
ti .J puo-l-i-c ,.e' l-'i..-, oi1 ict.'
ed
er ttgl4vi-i1eC l-l'. :ir-'i'' Ll1,,t';'
I e |l;1.
:Cf,
nil"--:-cfJ owcver,
et l;er coLr.ld corrcct
nl1r er, :,;21-2Q-t 1975.
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'Il:e Decision q l- thc l:'-l-t:linirl C otltr,ti, . i,i(rn
iie Coiuris-qion dec j i ec.L to -.i- sr.;u'o-sqf 1.i1 .i c:::,i'L -[o-L' 1
ru.i -L:..-, r1l',
lt
iri:Ttl
d.
oi tlre accessolrY buii d"ing
attache irre corci iti
'Ihis ccrtilinl;; is r iieii OLl. [i Iri
i-iiecrea."j.t-t"
oI) 'ttit:.t t;i'-','.
e ltsi€L1 0
'' rlo
irlj'pl'O
iln.J viould inflict discotn
e3 sl-for q
that tire
\\
,f ort 1.,'iC ll aiteria.l d.atnag,e to rtty -l'i'tril
The rire inspector, in l. melllo, advisecl 3'8Ain''t overl:i';'i'-'' ijccu-
pancy because ;i-ii; ruiroing,"-tocation (iilc*access'Lr: t}:':t .lr-ij--l i-
ing over a brld,5o). Yetr-.l",."t polr]te^ci. c"ri ciur:in- irre i'eLrl-rion' i')tlie
buil<Llng can ul-iisg "u.uif, reai.ed from tlru frcnt ,.e.rri of Iny rurf,irr)r-
ty by lva.lking accro"qs t5e usually iry-crei:i; i:ecl, a a-is.L'r'cr' o''; ircrrt
ti-ZO yards; !)that the buildi"; boid.ers v'ritli its- 'orther:L sitle a
public square ii^""Huy paril*anO iincoln sclrool plr:y'-1^"1nds) .rcci can
be easily rea.ei.;a-fro.r tir:.:.t lirpr"""fr; e)tirere slrrr rir;r'!'ri liouses ir:
'urlingame
trr.it-oru less tirai'-il""i""tfy iocatccl ir: te*rrs of l-ir:r:
ssfety and. are much fltrer "iluy-i}o*-*r.i*r hyd,rr,inLs th''i: l'llr prol-'e..L;rt
;il;;;'tyr"-""""""I-*ul"r nyar,r.irt is only a- few yards a$iay'
Itr:,fact the Commission seemed i*d'eed not to be concei'ned:*'iLi'L tj:'e
f ire. quEstlon at a1L. As "uu" irom the rninutes '
'the
. rla j o:-' corlcerl'r of
the g6mmission and the ""rrli"ror-i,rpo"ine
its restrictive corLiLi'r'ion
(,,that there ;";; o"e"niehi"o'"Iipi;;yi);,.; itrat t'e acce 'ir onJr buj'ld-
ing on my propelty Tlghl bu"Yi:g;I{-'"ft't""e o\\rner trs a rrtnothur-in-
Ia[rtt or a iental unit' (see Lllnules,,
aea.I
1 ) I belelve clecislon of the Commisl'ion to refuse a full
i
Ie::nit oti grounclo tli;.t it nay !? "e4.!,V a -future owner for une'utlto-
rizeti. ,ur..pou,rs--is ,rot iusti.fiat lu, nei tiner\1e6al11' 1or rnoret-l-J-y1 j-t is
unsuc.,ui.rinil.ble'Uec",use :.t is -cased. cn an :rrgurn6-nt t:,:tt vi o-iries :.' fnri-
dirnrental principle of lal',, i:,nci i"st.tce rry iii ef-iect i'ren;:Iizlng g a'iLd
i:y fai,r:.fy -ior air act not corrrmitteci bv me'
2) Orctin::.*ce ,:i)39 clea.::1;' states i;111-; tlrL: Juriroi:le ol' tire r:ity :.,r:d its
dep;;rt,e,ts ,r" llo-lr.==!g-g!" t;;'-rig,tts a'r:d ir'ter-est:; oi 't:t€: rer'ride.ts
ar*i, proriiote the .::lffionicus; Irltj econollie ::esrrlts i:: t:'-e rrse of
proper.byn. tlre c1ecision ,r'.-iiro Join,riS:':iolt d.oes not s"]t)"" s'"rc'ir conceln'
Tire orJ.i,iar:.c"
-f otifr"r decl:,-r:""- ii :io -ur; tlr'' r'1'.,,t oil re-siJ'e,ts rrto en-
joy tiie comf orta"ble l-if e "rrll"prolrerty't. I-' i.lis ci'r'je tl',-c,' colit"isl;io,t s
,J-ecision vould. rr.Ltrrer preverl ,t,l,u- 'rt,rd t:tJ -'.-,ri-! ;r fro sur:lr enjovtlient'
ris a rni,;.t1;cr oi i="t tii^e Coin
-irr"io'-t h.d no i't',?loir to l'relcive' nor has
j t clair,red, trrant-tirc ri-h.t" 'ri'"oitr"" rer',id.eirts r,;'rr-rii be il' ri.i:r.y \rfaJr e'd--
ver:slyafir:cted'b;rtlieur;eoftlieaccet"o"ybuilCilrg()i::ny't:r';ilerty
f or over-niglit occl-1lli:"ncy'
i) Ordir::.nc e i519 al.s;o d.ec1i'-reS 'f irrrt t''e Plai'rrri:r1';
"':orlii:tis-rs;ion
il;
:-,r,rthor:i::ed. to irnpose only """i:r-restrict;iorLs
tthiclL r:-cr--/-c ttt c ?t1r'-
Dilse oll proillotini; pu.b1i" ,,uarrtrr, s,r-'etr" t:'cia1s" 'ilriri ';l-;lte:::''i- jl-1:tl-
jlr.::e o:i t:,c resi,ientLl . ' ' lr'rj(i l'0r bl're I-'ir'rr)oiic ol prcser''ritig' ' ' 6()r'v'l-
ce,:b1e o.ntj- e ttr:rctive "ot'""*tiiyr
i --
'lnu Coi'r':iissio:r h;"'r: llot cl.itnei'
r;haLt any of these pur,ron".--*oilid -u; ciir''arrgered by tiii; 'issuing 'i- a
iil""irr"rermit ij's I retlttested it'
4)orrLinaltc e #5 '59 l'pecifioirl''Y s t:r 1,r: s '11'.1' b 'r,lle f ritrc t'io:l o i' tl:": Uoni-
1a.l.tl all'.I !fentisces
M1 SS lon is to t'divider
accorcling to districts.i
t trnnc r oviderl b
an n v u
clas:,,i-iY , a,r ti recli;ssifY
,.i Lo g:lartt vr,r iance s a.n.l P'et:tni ts...irl tl'q
tiL . or(
ci-t.s e i.r:
it to use his I
-l irrlnc etl no t to tle'l ibcr'ate11' dec '..-'-ro c -r-11
IO r 3llrOfl rr:,-,id.ettts t ];e;hall- be or siii-'11 no/ji IrIit.r I or his recre ,.:,ti Or: rOOm .;l or: i)Vell-
^ *n rroJ UV
grc.uted tire ri,.,l
rii.h t o ccupancir.It is one tlt ii,; to est al--1ish rules a-!!lica'b-Le to
a1.l rosidentsI i t is q uite iillo tirer nta . te r to irlal'-e descl:i icinc torY d-e-
C]- S i ons at tlLei:l olvn c onvienicllce. In lnY cifse tlie Com:.ti ssion clid
not even :tttemPt to cle r:ronstrerte tiiat tlLe i riiirtln; of bhe reqrr-ested
Spec iell Pe mit woufd v ioJ.i-',te a ciL; ordirian ce r or errdang er t"i,e
righ ts or safetY oI otlter r esiclen'i;s. t:rere L,ore, ib see
tiri: t i'bs autiroritY d elegateonstitut
d to it b,' thc C ity r)ouncil has been
exceeded; also mY c lona1 rights ilr'Lv e bee:r viol ated.
l:'c.r'allthesephllosophical']eqal.and-economicree'sollslrespect-fully request ilie-City Cor.rrlif Io issue- ''"ip;"i'l Pe.,it trr::'t rvould'
r;ermit thr: use of my r**prr"Iii"r".tion,buil-ding as ?' 1:11€st house and'
ior over-night oecupancy, ;;";;-;;-iofrv-utillze r,y pro'uerty and
not sustain ucorro*it, d.inrge"I=6i, iiu-unO-erutilizatlon'
Atnotimed.olintend.-to_usetheaccesggrybuildin1;asani.ndepen.dant rental unit, nor d.o 1i"tu"a to sel1 my residellC€o
a\
Councilman Ivlartin asked to see the building permit. He lvas given a copy by the
Assistant City Planner who identified the corrections necessary to this property as
removal of the kitchen; parcel map because the accessory building was 5r over a
property line; instatlation of foundation for the building which was on concrete
piers, 4s well as corrections to electrical and plumbing systems.
Councilman Martin asked the Fire Chief if the Fire Department would still have
objections if the building were sprinklered.
The Fire Chief pointed out that while this would he1p, it is still a very remote
location and there would still be the hazard of someoners being trapped in the
building on this R-l lot with another residence on it.
Councilman Martin questioned if the objection would be eliminated if there were
both sprinkler system and smoke alarm system installed.
The Fire Chief stated this would eliminate the life hazard situation.
Councilman Martin then questioned Dr. Derugin as to why he wanted this condition
lifted.
Dr. Derugin explained family obligations to house visiting relatives and friends by
whom he and his family had often been entertained. He wanted to use the accessory
building as quarters for his son at the time of such visits. He stated that Mr.
Ralli did not type the application for building permit because he was in Washington
at the time, and presumably it was done in the regular manner since the building
inspector had mentioned that one of his secretaries typed it - he did not know who.
Dr. Derugin offered to correct the building so that the fire hazard would be
removed if the cond.ition of no sleeping quarters were lifted.
Councilman Martin considered a typical reaction would be to use this as sleeping
quarters when necessary whether or not it was leqali and sugqested the possibitity
of legality being sought for the purpose of renting or selling the. property.
Dr. Derugin declared he had no intention of selling the property and that if he
wanted to rent he would abide by City ordinance. He said he hesitated as a law-
abiding citizen to ignore the condition imposed, although he knew such things
were done everln^rhere.
Councilman Martin guestioned the implication that the permit application was
typed by l4r. Ral1i.
The Assistant City Planner stated the original application vras on file in City
HaI1.
Councilman Martin questioned if staff thought the statement was on the apnlication
when the building inspector signed it. City Attorney replied they did.
Councilman Harrison considered that the Planning Commission acted well within its
confines in the action they took. fn view of the authority detegated them by
Ordinance 539 and in consideration of the Fire Inspector's letter and comments made
at this meeting, he was inclined to sustain the Planning Commission. He was
concerned with the use as well as possible future sale.
Dr. Derugin contended that while he had no legal training, his interpretation
of the ordinance was that the Planning Commission was established not to interfere
in individual cases but to give classifications of what could be done by all citizens.
Councilman Amstrup considered the Planning Commission had been lenient in their
dealings with Dr. Derugin. He gave the example of an illegal building in the
Mi1ls Estates where the Planning Cormnission had made the decision that it must be
removed.
Councilman Martin referred to several comments in the Planning Commission minutes
that this could become a rental unit in the future. This, he said, bothered him.
He considered iI1egal rental units a policing matter in the City; and did not think
the City should stop anyone from doing something because of a possible future policing
problem. He said he subscribed to Thomas Jeffersonrs theory that "The best
government is the least government", and thought that the City was interfering too
much. As to plumbing or electrical systems in the building, he did not consider this
233
3
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231
the business of the Planning Comrdssion if the use was good. He considered the
condition to be imposed on this property should be to make it safe for sleeping;
but that a condition should not be put on it that restricts its use unless the
City is going to eliminate the building.
Councilman Amstrup protested he did not suggest that the building should be removed
and he took exception to the statement that most citizens of Burlingame would do
something whether they thought it legal or not.
Councilman Harrison noted he agreed with some of Mr. Jefferson's opinions, but he
preferred the proverb, "An ounce of prevention is worth a pound of cure". He moved
to sustain the decision of the Planning: 0ommission. Second by Councilman Amstrup.
I,I,ayor Mangini commented that the City did have an ordinance that permitted only
one dwelling on an R-l lot, and this accessory building could become a dwelling.
He told Dr. Derugin he s)rmpathized with him; but considering the additional fact
of the fire hazard, he was inclined to sustain the Planning Commission.
Motion carried on the following roll call vote:
AYES: COTJNCILMEN: AMSTRUP, CROSBY, HARRISON, MANGINI
NAYES: COUNCILIIIAN: MARTIN
PRESENTATION
Mayor Mangini presented to Mrs. Edith Cohendet, City of Burlingame United Nations
Day Chaiiman, the United Nations Association of the United States of America
Distinguished Service Award. He expressed pleasure in offering this appreciation
of her public service. Mrs. Cohendet replied she and her family enjoy living in
Burlingame, and are happy to do anything they can to make it better.
ACKNOWLEDGMENT
At this point, Mayor Mangini acknowledged the presence in the audience of
Supervisor John M. Ward.
PETITION TO ALLOW KEEPING OF THREE DOGS,JOHANNES TSCHAPLIZKI, 1834 LOYOLA DRIVE.
Council had received memo of November 9, 1976 from City Attorney explaining
provisions of code regarding keeping of more than two dogs. Attached was petition,
as required by code, from majority of property holders within 400r radius of this
property who did not object to the additional animal.
Mayor Mangini received confirmation from City Clerk that petitioners constituted
a majority of the householders in the prescribed area who were in favor.
Councilman Harrison moved Mr. Tschaplizkirs apptication be approved. Second
by Councilman Crosby, all aye voice vote.
APPLICATION FOR LEAVE TO FILE I,ATE CLAIM
I. AUTOMOB II,E CLUB OF SOUTHERN CALIFORNIA ON BEHALF OF REX AND DALYNE ARRASMITH.
City Attorney's memorandum of November 2, 1976 transmitted application for late
claim with supporting documentation, and recommended this application be allowed.
Councilman Martin remarked on the mxrber of late claims received in recent months
and questioned the reason. The City Attorney replied he thought it was because
many of these claims go through many hands. As an example, this is a subrogation claim.
In repty 16rquestion from Councilman Crosby, the City Attorney stated the statutory
Iimit for a claim is lOO days after an accident. Councilman Martin suggested the
City Attorney investigate policy of time limitations on these claims with a report
back to Council.
Councilman Amstrup moved this late claim application be allowed. Second by
Councilman Harrison. A11 aye voice vote.
4
f
oaRL) AJ AJ
City Council received letter. dated November 3,
Avenue regarding a 20' easement at the back of
thj,s easement was occupied by encroachments of
5r haal not been maintained as a walkway by the
acquire title to this remaining 5r.
1976 from InIr. M. Behravesh, 1475 Alvarado
his property. He claimed 15r of
walls and fences, and the remaining
City. He requested permission to
Councilman Amstrup questioned how these encroactunents have occurred.
2. COUNTY OF SAN MATEO PARKS AND RSCREATION DEPARTMENT CONCERN]NG STANFORD
IJN]VEBSITY PROPOSA]- TO CLOSE SEARSVILI,E LAKE PARK TO PUBLIC USE.
Letter dated. October 2A, L976 from Chairman of San Mateo County Parks and Recreation
Commission advised City Council that Stanford University may close Searsville
Lake Park to the public. The letter urged Council support in requesting Board of
Trustees of Stanfor.d to conduct study of impact of such action before it is
instigated.
Since determination was mad.e that this park has already been closed, there was no
Council coment or action.
I. PHIL]P SCHLOM, 738 PINTA I,ANE, FOSTER CITY, DBA AUCTION WORLD GAILERIES.
In a conmunication dated November A, L976, Philip Schlom, 738 Pinta Lane, Foster
City, made application to conduct an auction of old and antique merchandise on
November 29 and 30 and December 13 antl 14, 1976 at The Hyatt House in Burlingame.
This conmunication included an itemized list of the merchandise to be auctioned.
A report dated November !O, L976 from cerald A. Nordstrom, Chief of Police, signed
by Lieutenant R.J. Quinn, stated that investigation of the applicant had revealecl
nothing of a der.ogatory nature and recommended temporary permit be issued for the
days requested.
STAFF MEMORANDA
I. C]TY MANAGER CONCERNING APPOINTMENTS TO BEAUTIFICATION AND PARK & RECREATION
COMMISSIONS
City Manager memos of November Ll, 1976 anal Novenber 15, L97 6 informetl Council that
members of the Park and Recreation Comnission and. of the Beautification Commission
whose terms are expiring, are all willing to serve another term. Memos were
attached to commission applications from Frank J. Pagliaro Jr., Connie Schrager,
Dennis Huajardo, and Lloyd DrAugusta.
2. CITY MANAGER: CATCH BASIN GRATE MODIFICATION FOR BICYCLE SAI'ETY.
The City Engineerrs memo of October 2A, 1976 transmitted a list of 17 storm
drain grates in the City considered as hazards to bicyclj-sts. This list had been
compiled by the Bicycle Safety Committee of the San Mateo Bikeways Committee. The
city Engineer noted that the Safer Roads crant included funds for catch basin grate
modification, and stated. these 17 grates had top priority to be modified, at the
latest,during the first week in December.
COMMUN]CATlONS
1. M. BEHRAVESH REQT]EST TO PURCHASE 5 I'EET OF EASEMENT ADJACENT TO PROPERTY AT
1475 AIVARADO AVENUE
Mayor Mangini referred this matter to staff for investigation and report at the
next meeting.
Councilman Martin cautioned staff that there are a series of footpaths throughout
the hills whj-ch are maintained by citizenst groups. He suggested it be tletermineal
if this is one-
APPL]CATION FOR AUCTION PERMIT
Councilman Harrison moved this application for auction permit be approved. Second
by Councilman Martin, all aye voice vote.
There was some discussion relative to the closing date of December L, L976,
resolved when it was noted Lhat newspaper publicity had been given these openings
and applications could therefore not be closed before then.
236
The City Managerrs endorsement on this memo stated the Bicycle Safety Committe
would be informed of the correction of these hazardous grates.
Mayor Mangini questioned if these are the only unsafe grates in the City. The
City Engineer replied that they were not, and that the Traffic Engineer will
conduct a survey to Iocate all other unsafe grates.
AMUSEMENT LICENSE RENEWAL: GOLDIEIS SALOON 241 CALIFORNIA DRIVE.
A communication dated November 10, 1976 from the Department of Police, signed by
Lieutenant R.J. Quinn for Gerald A. Nordstrom, Chief of Police, offered no objection
to the renewal of this permit under present management and operation.
Councilman Crosby moved that the permit be extended for a period. of one year.
Second by Councilman Martin, all aye voice vote.
CONSENT CALENDAR
1. PARCEL MAP FOR THE PROPERTY AT 15OO HOWARD AVENUE, SOL AND HOPE GITTELSOHN.
City Engineerrs memo of November 11, 1976 transmitted final parcel map for
this property and recommended Council approval. By endorsement of November L2,
1976 City Manager concurred in reconmending approval.
2. REMOVAL OF DEAD HERITAGE TREE 1809 EASTON DRIVE
Park Directorrs memo of November 5,
removal of this dead Heritage tree.
3. BENCH TO BE INSTALLED AT LIBRARY BUS STOP,
LIBRARY
1976 requested Council approval of the
City Manager concurred in this request.
REQUESTED BY FRIENDS OF THE
Letter of November 8, 1976 from Rosemary C. Wilkinson, President of Friends of the
Library, requested that a bench be placed at the bus stop by the Library for the
benefit of elderly persons. The City Manager by endorsement of November 1-L, 1976
informed Council a new bench is to be installed very shortly.
Councilman Harrison moved consent calendar be approved. Second by Councilman
I4artin, aII aye voice vote.
RESOLUTfON
1. MAKING FINDINGS FOR CHAPTER 17.04 OF THE MUNICIPAL CODE AMENDING THE UNIFORM
FTRE CODE
The City Attorneyrs memo of November 1, 1976 transmitted this resolution and
explained such findings were expedient to justify amendments which the City
made to the Uniform Fire Code. This should give the City protection from any
lawsuit challenging the fire ordinances.
RESOLUT]ON NO. 86.76 ''RESOLUTION I4AKING FINDINGS FOR CHAPTER 17.04 OF THE
BURLINGAME MUNICIPAL CODE AMENDING THE UNIFORM FIRE CODE " was introduced by
Councilman Martin who moved its adoption. Seeond by Councilman Harrison, all
aye ro11 call vote.
ORDINANCES - INTRODUCTION
ORDINANCE NO. IO92 ''ORDTNANCE AMENDING SECTION 25.L2.020 OF THE BURIINGAME
MUNICIPAL CODE REGARDING ZONING DISTRICT BOUNDARIES " was introduced for first
reading by Councilman Harrison.
ORDTNAI{CE NO. IO93 ''ORDINANCE ADDING CIIAPTER 4.L4 TO THE BURLINGAME MUNICIPAL
CODE TO ESTABLISH RESERVE FUND FOR ItrORKERSI
for first reading by Councilman Crosby.
COMPENSATION CLAIMS" was introduced
L
a&d. !4$^,a*;.aL--Ldr,. *-J-' '-. ru_t_ -r'u '''"o
237
ORDINANCE NO. IO94 IIAN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 9.04 OF
TIIE BURLINGAME MUN]CIPAL CODE RELATTNG TO DOG LICENSING AI{D IMPOUNDING EEES''
was introduced for first reading by Councilman Amstrup.
UNFINISHED BUSINESS
BURLINGAME CONGREGATION OF JEHOVAHIS WITNESSES
Councilman Amstrup referenced a letter of November 1I, 1976 from Wm. G. Hardy,
attorney for this church, and stated he resented the implication by Mr. Hardy that
this matter was called up for hearing because of discrimination. Both he and
Councilman Martin emphasized the problem was the conditions on the property, not
the sect.
NEW BUS]NESS
WATER CONSERVATION
Mayor Mangini mentioned the importance of the letter directed to the City by
Chairman of the Board of Supervisors of San Mateo County, dated October 27, 19'76,
on the necessity for a water conservation program.
AERIAL PHOTOGRAPH
Councilman tunstrup commented on the present inaccuracy of the 1962 aerial photo-
graph of the City in the City Engineerrs office. Staff was directed by the Mayor
to investigate source and price of a new one.
SAN MATEO COUNTY BICENTENNIAL COMMITTEE
I,layor Mangini noted request of November L2, L976 from the Chairman of this
committee that the nominal cost of a farewell dinner for active members be
paid by the City out of the committeers unspent funds.
Councilman Crosby moved this request be approved. Second by Mayor l,Iangini, all
aye ro11 call vote.
ACKNOWLEDG},IENTS
1. Letter of November 9 | 1976 from San Mateo Operational Area Civil Defense and
Disaster Organization commending Fire Chief and Fire Department for assistance to
the City of South San Francisco.
2. Letbr of commendation, November 4, 1976 from County Election Board praising
City HaI1 personnel for their aid in emergency situation.
3. LetEr from State Compensation Insurance Fund, November L, L976, advising that
the City will receive no dividend for the years 1-974 or L975.
4. Letter from Burlingame Broadway Merchants Association (undated) regarding
acquisition of property on south-east corner of Broadway and EI Camino. 'CItyAttorney Coleman estimated the cost of this property at $10.00 per square foot.
5. Letters of November 3 and October 30, 1976 from A. E. Johnson, 2600 Martinez
Drive, on increases in dog licenses.
6. Letter from Town of Atherton, September 30, 1976, on olvnership of Ox
it{ountain Disposal Site. City Manager stated solid waste disposal would be
discussed at next study meeting.
7. Report of Police Department for October, L976.
8. Report of Fire Department for October, L976.
9. City Planner report on League attendance.
10. Minutes, Planning Commission, October 27 rL9'76.
7
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APPROVALS Warrants and Payroll
Councilman Amstrup questioned Warrant No. 4487, Lubrication for Fire Department,
$65.30. The Fire Chief explained this was lubricant for an aerial, bought in
bulk to save money.
WARRANTS 4358 through 4604, duly audited, in the amount of $3431322.6Lrwere
"pproved for payment on motion of Councilman Harrison, second by Councilman
Amstrup, all aye voice vote.
PAYROLL October L976, Check Nos. 22055 througih 22lOO and 101 through 1008 in
thG&nt of g392r519.20, approved for payment on motion of Councilman Harrison,
second by Councilman Martin, all aye voice vote.
ADJOURNMENT
Meeting regularly adjourned at 9:30 P.M.
Respectfully submitted,
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