HomeMy WebLinkAboutMin - CC - 1975.07.2142U
CALL TO OROER
A regul ar meeting o
date ln the City tla
order at 8:00 P.M.
Eurl i ngame, CalIfornla
July 2l, 1975
the Burl i ngame C i ty Counci I was
Counci I Chambers. The meeti ng
Mayor Irving S. Amstrup.
hel d on the above
was cal I ed tofll
by
PLEOGE OF ALLEGIANCE TO THE FLAG: LEd by l,,ayne l'1 . Swan, Clty Planner
Counci I
Councl l
Members
Members
Present:
Absent :
Ams tru p -C u s i c k - Ha rri s on-Ma n g i n I
Crosby (excused, vacatlon)
MINUTES
The mi nutesto the Clty
of the regular meeting
Counci I , were a p pro ved
of July 7, 1975, previously submitted
and adopted.
HEAR I NGS
In introducing the hearlng, l,layor Amstrup requested the City Planner to
summarlze proceedlngs before the Plannlng Commission. The Plannerreported that the Commission conducted a public hearing to considerMrs. Baskett's applicatlon for special permit to contlnue accessoryllving quarters in an existlng building Iocated behind the principrl
resldence at the Bernal Avenue address. The Commlssion voted 5 to Ito deny, I member dlssented, I member absent. The applicatlon forspeclal permit has been brought to the Clty Council on the appeal ofI'lrs, Baskett from Planning Commlssion decision.
Mayor Amstrup acknowbdged materlal filed wlth the City Councll:
l. By appel lant this evenlng just prlor to the meeting:
Appraisal sheet of the BernaI Avenue property from Office of the
San Mateo County Assessor showlng accessory structure.Petitlon with 37 slgnatures, residents wlthin general area ofthe property, reclting as follows "l{e, the underslgned, have no obJectlon
whatsoever to have a caretaker llve on the premlses of Mrs. Baskett'sresidence at ll24 Bernal Avenue, Burlingame; in view of the fact thatthis property has been used ln this manner for over 25 years, we see no
reason why lt is belng questioned at thls time. |le are very much opposedto the harassment being lmposed rupon property owners in the past andpresent regarding the use of thelr property."
Copy of appellant's letter to Plannlng Commlsslon dated June 2,1975.
2. City Planner memorandum of July 17,'1975 to City Councll with 7
attachment,s.
3. Communl cati ons from Mr. anddated July 3, 1975, and f rom !,1r.July 6, 1975, supporting appeal.
A. Skel l i nger, I132 Bernal Avenue,
Mrs . John H. Ross, I l2l Bernal ,
!,lrs.
a nd
Followlng an announcement of ground rules, Mayor Amstrup declared the
hearing open to the proponents of the appeal.
Upon recognltion by the Chair. f'lrs. Baskett declared there are indlca-tlons -- statementi made at the Planning Commisslon meetings, subse-quent newspaper artlcles and comments this evenlng -- that she lnitiatedthe actlon to obtain caretaker's quarters; She stated thls ls not soi
her appllcatlon for speclal permit was filed with the Plannlng Commlssionafter receipt of a letter from the City Attorney, inspectlon of herproperty by City staff and advice from the Assistant Clty Planner thatthe cottage cannot be used as a dwelling unless approved by the City.
I
ROLL CALL
l.APPEAL OF ZII{A G. BASKETT RELATIVE TO CARETAKER'S qUARTERS,
I I24 BERNAL AVENUE
121
tlrs. Baskett stated the requlred appllcatlon was flled, the fee paid;
she then found herself invdlved in a public hearing before the Planning
Commlsslon, an experlence for whlch she was totally unprepared. She
advlsed thit a peimit was granted for a church school on an R-l property
immedlately foliowing denlil of her appllcatlon. l,lrs. Baskett expressed
inability io comprehind the basls for the Commisslon's actions' to
understa-nd why hbr R-l property should be treated dlfferently than the
church property.
Mrs. Baskett reported that a building permlt was issued in septeq!ber' l.?47'
for the accessory building, ldentifled by the county assesSor as a -raoIo
shop," that she icquired Ihe property three years ago. prlmarily because
oi-ifie separate ltiing quarte;s wtrerL her son llved when he was attendlng
school. After he movid'to hls own home ln another city, she arranged
for i woman to live in the unlt as a caretaker rent free for providlng
certa i n serv i ces. She stated it was iust recentl y she I earned that the
unit can be occupied only by a member of the famlly.
Hrs. Baskett mentioned she is under c
disabllity. She experlenced loss of
resul t of the newspaper publ i ci ty fol
meeting. She stated lt appears thatfor conditions on the property over w
not build the accessory structure' sh
she responslble for the glassed-in po
without a permlt according to a membe
nstant sedatl on because of a phys i ca I
rivacy and felt harassed as a
owi nq the Pl annl ng Commi ssi on
ne City is attemPting to Punish her
ich shl had no control - she dld
dld not add the bathroomr nor wa!
ch ln the house, aPParentlY bulltof the Pl anni ng Commlssion.
o
p
It
h
er
r
Counci lman Harrl son as ked if there
repl i ed not as such , nor ls there
Councilman Harri3on asked lf food
Mrs. Baskett offered to remove the
th ere .
ls a k{tchen ln the unl t. Mrs . Baskett
a slnk as such, there is a stove.ls oreoared and eaten there.
stive' i f it ls crl ti cal that it not be
councllman Hanglni asked Mrs. Baskett lf the accessory buildtng was
aiiiussea wlth-the realtor. She stat€d it was described to her as a
; mo i tr e r - t n - I aw " uni t. Councllman Manglni asked lf the realtor had offered
to-fJrcnar. the property. Mrs. Baskett stated that an offer was made to
buv'it back if sire i+as irnhappy wlth recent developments. Further, in
."ipons.-io Councilman Mangihi, t'lrs. Baskett confirmed she receiYed no
rent from the caretaker.
Mrs. Baskett informed the Clty Council
who recently sold his home, that a unlt
bedroom and bath can contlnue ts livingof the family.
Mayor Amstrup invlted comments from the floor in support of the appeal.
t{illlam Lobdell, ll39 Bernal Avenue, informed the Clty Councll that
Mrs. Easkett is considered a flne neighbor maintalning her property
exceptional ly well. He stated that Mis . Baskett is ln poor heal th and
it t! lmportint to her that someone be on the property_ln case of emer-
gency; aiso, she can traYel knowlng that her property ls guarded agalnst
Ires-passers. t'tr. Lobde l I offered the comment that he can appreciate
this'need for security after livlng in the neighborhood lot ?3 years'.
He felt it yas grossly unfalr that-the Plannlng commlssion would -permita church shool in an it- l Dlstrict but deny Mrs. Baskett the beneflt of
a caretaker-companlon. He stated that more and more the cltlzens of
Burllngame appeir to be searching for opportunltles to "tell on" thelr
neighbors. It was his oplnion "thls is a mlserable vray to run a city.'l
Mayor Amstrup stated that the laws of the clty apply equally to all of
thL resldents. In tlrs. Baskett's case, there are zoning regulatlons
that must be enforced. They cannot be clrcumvented by Clty Council 'Planni ng Comml sslon or staff.
In response to the Mayor's lnqulry, there were no further comments from
the fl6or. The heari ng rras decl ared cl osed.
Councllman Manglnl asked llrs. Bassett hot{ the Asslstant City Planner _/
that she
over the
quarters
I earned from a nelghbor,
garage cons i sti ng offor the excl usive use
,L).)
learned of the accessory dwelling. She explained that the letter senther by the City Attorney showed that copies t{ent to Building, plannlng
and Fire Departments. The City Attorney reported he learned of severilbuildlng and zonlng matters requlrlng attentlon whi le revlewlng flles
I nheri ted from hls predecessor.
99u!c!lman l,langinl asked how long the ordinance has been in effect pro-hibitlng a second dwelllng unlt on an R-l lot. The City Attorneyreplied.since 1941. Councllman Manglni asked if the City has authorltyto requlre a realtor to inform a prospective buyer of poisible lllegal-
cond i ti ons in a property.
Mayor-Amstrup recalled that the Clty Council attempted to enact suchIegislation two to three years ago -but community oipositlon rras sovehement that the effort was abandoned. Mayor Amstrup informed theaudlence that there are on-9oing studles whCreby the Councll hopes toiryplement some form of contiol ilthout requlrin-g actual physicai lnspec-!t9l .gf a property. He stated lt is unfortunat6 tnat prbpirttes witirbuilding and zoning violations contlnue to be sold to irnlirformed buyersbut, for the present, the clty has no authorlty to regulate ln thls-area.
the
Ye.
two.
s
e
arage
Counci I man Cus i ck as ked thenursery school was permi ttedThe Attorney responded this
ct
I
ls
ty Attorney to explain why the churchn an R-l Dlstrlct by the Planning Commlslon.a permi tted use wlth a special permlt
resldence on an R-l property is not.from the Commissioni a second
councllman cusick stated that the city cannot legally grant t'lrs. Baskettthe use that she seeks because of state law. she as-kei the clty AttorneyI9 grpt1fJ.. .The Attorney quoted from the Munlcipal Code, Sectlirn 25.28.b80"0nly one.buildlng deslgned or used as a resldenie for one family shailbe erected' located or maintalned on one lot." The Attorney explalnidthat where there are unrel ated peopl e living in separate quirters on an R-'lproperty this constitutes two families on a-slnqle-famlly'lot. Further-more, the State code was amended to prohiblt usi variancLs. A usevarlance rould have the effect of turnlng thls property lnto anotherzone; this cannot be done.
councilman-Manginl aded about connecting the accessory buildlng tomain dwelling. l',lrs. Baskett lndicated ihe cost would- Ue prohiSlt.i
She mentioned the posslbillty of a canopy arrangement Joihing theThe City Attorney,, respondlng to Councliman t'tan!lnl,reIorted-he wanot certain lt would be legal to join the buildings in this mannerwhen two units are connected, this is a duplex Anilting. 0n l.lrs.property, this would be a duplex dwelling in an R-l zoie, two famillying in turo houses. .Further, in respoise to Councilman manglnl ,City Attorney.confirmed that a member bf ttrs. Baskett's famii,i maioccupy the unit. He reported, too, that the people adjacent io tiBaskett^property were informed they cannot use tire room over the-toxaept for the famlly and there is to be no cooking.
Baskett's
I I es
the
councilman Manglni asked if there was room in the main dwe'l llng for thecaretaker. Mrs. Baskett indlcated willlngness to consider thl; but feltit a'l udicrous arrangement when suitable ieparate living guirters wereavailable.
In response to^an Jnquiry from Mayor Amstrup concerning a drawing beforethe City Council showlng a tub, rLfrlgeratoi, slnk and-stove in Iheaccessory building, the City Attorney reported the drawlng rras preparedby the Assistant Clty PIanner.
In expressing sympathy for l,lrs. Baskett, Councilman Harrison statedit was his impression there were many parallel uses on R-l lots through-out the City.of Eurlingame. For thii reason, he suggested at the lasiCouncil meetlng that the City not attempt to inspeci-all of the housesin. Burl i ngame, but, as an al ternative, requi re a sel I er or hls agent tomake the buyer aware of zonlng and permitted uses, the intent being toprotect the consumer, or purchaser. Councllman Harrison stated thitcouncl lman cuslck offered an al ternative recommendatlon that the buyer berequired to sign a statement that he is aware of zonlng regulations.Both of these suggestions were referred to the Clty At[orniy.
.3
4as
Councilman Harrison referred to a discusslon at the last Clty Council
iluai meeting concerning amortlzation 9f- 2 !llegal apartment bulldlngs
that have existed for some time in an R-l 0lstrict. He asked the
City Attorney if a similar form of anortlzatlon might be applled to
the-Baskett iroperty. The City Attorney stated the Councll may mate
that decistoh .i i lt-desires. He stated the other propertles that were
discussed have more problems of legallty than the Baskett property from
tris-iianapoint. Couhctlman Harris6n ex-plained he was primarlly concerned
with bein! fair and attempting to reach a compromise.
councllman cusick asked lf lt |{as not true that the clty was aware in
1969 of condltlons ln the Baskett property. she stated that ras one
of the consideratlons in the other 2 properties where amortlzatlon was
discussed; it would appear, then, that lt would be fair to assume
tfrii-imoriization couli'be irranged for Mrs. Baskett slnce the Clty was
aware of the illegal use of the property as far back as 1969 '
councilman Harrlson announced he suggested amortizatlon because
Citi tnew of the zonlng vlolatlon ln-1969 but fatled to follow
l{i th abatement.
the
through
Mayor Amstrup stated he, too
somethl ng similar haPPe ned u
al ter the axiom of "let the
the opi nl on that deferrl ng aIt must be recognlzed therethat Planning Commisslon andof an R-l lot, and that amor
should be taken now.
sympath i zed wi th Mrs . Bas kett because
en- hL purchased hls home, but thls did not
uver beware." Mayor Amstrup expressed
dicislon for 2 yelrs accomplished nothlng.
re laws to be e-nforced to correct lllegalities.
staff are of the oplnlon this is duplex use
ization will simply deI ay aa a ctl on that
h
b
a
t
counci lman Harrison suggested that amortlzatlon will be a declsive
iition. A tlme certaii'will be named when the use of the cottage by a
nonrelative must cease; thls is not an attempt to delay nor to provide
in opportunity for the appllcation to be reconsldered.
councilman Manginl asked lr|$,as intended that each case would be Judgedinaiviiuiiti-oi its merlts 6nd was he proposing.2-year amortlzation ln
the Baskett case. Councilman Harrison conflrmed this was so.
Mayor Amstrup protested this will create. a p re c e d e n t - b I n d I n g upon the
ciiy. Amortizition was considered for the Newlands Avenue property
beciuse the City was very deflnitely at fault. As far as the Baskett
orooertv. he stited he wis not certaln of the tlme that the Clty knew
6f tne iitegat dwelling. It must be recognized there are laws to be
uoniia; the-Councll hai commlted itself ln the past to preservatlon
oi tne residential character of this Clty; amortlzatlon here wll l
severcly hamper staff ln attemptlng to rld the City of illegal un'l ts.
Councilman Cuslck stated there appeared to be agreement at the study
meeting durlng the discussion on the Newlands Avenue-property that
the prisent oiner would not now be burdened with an lllegal .property.had the City pursued action when the violations were flrst discovered.
Similarly, Mrs. Baskett would not be burdened with an lllegal use on
her propLrty 1f the City had moved to abate in 1969' Councllman Cusick
stated there are other propertles 'ln the Clty trith illegal llvtng
quarters. t,llhen the Clty Council is lnformed of these' abatement can
de initlated. The Baskett property ls a dlfferent matter. The Clty
knew about it but dld nothing for 6 years.
l,llth respect to Newlands Avenue, Mayor Amstrup
City Attorney indicates some uncertainty about
abatement because this is a very old vlolatlon.
pointed out that the
adequately def endi ng
Councilman Harrlson moved that use of the accessory structure or
cottage on the property at 1124 Bernal Avenue as living quarters by
other than a family member cease as of July 21 ,1977, or upon sale
the property, whichever comes flrst. Motion seconded by Councilman
Followlng roll call was recordedl
AYES: Councll l'lembers Cusick and Harrlson
N0ES: Council Members Amstrup and l'langl ni
ABSENT: Counci I Member Crosby
of
Cusick.
+
Mayor Amstrup announced that the tie vote has the effect of upholdlng the
Pl anni ng Commission declslon.
Councllman Mangini moved to uphold the declslon of the Planning Commlssionin denying the appllcatlon for special permit for caretaker's quartersin an accessory structure on the property at ll24 Bernal Avenue. Motlon
seconded by Mayor Amstrup and carrled unanlmously on roll call of members
present.
The City Attorney advised that a resolution wlll be prepared for the
Ci ty Councl I 's consideratlon.
RECONVENE:Following a recess at 9i00 P.M
9:13 P.M.
the Chair reconvened the
meeti ng at
HEARI NGS (cont. )
?. SEISMIC SAFETY ELEMENT OF THE 6ENERAL PLAN
Mayor Amstrup announced that the public portion of the hearlng wasinitiated and concluded at the meetlng of July l, 1975. The subject
was continued on the agenda to this present meeting for the City Plannerto amend the document as requested by the City Council on JuIy 7,
Stating it was his understanding there were stlll some questions aboutthe language, Mayor Amstrup asked for comments from the Councll.
Counci lman Cus ick advised there were several places where she wouldprefer mi nor amendments, most i nvol vi ng a si ngl e word.
Counci lman Mangi nl reported that
Emergency Services has conferred
provi ded data relatlve to the Cit
asked that Mr. trlri ght be furnishe
Element when aval I abl e.
ht of the City's 0fflce ofAssistant Ci ty PI anner and
suppl y. Counci lman tlanginiof the fi nal Selsmic Sa fe ty
Jack llrig
wi th they's wa terd a copy
Followlng are the amendments requested by Counci lman Cusick and
accepted by the Clty Council:
l. P
those o
earthqu2. P
" bal anc
agefm
ake
age
ed
4, #9 to read: l'tany older commercial structures, especially
asonry construction, may be hazardous ln a moderate to severe
4 (Major Recommendations) #l to read:ri sk" policy......Consider devel o ln a
ouake coul d co I I aose'4. Pase 2l (a) lo
ship to thei r ef f ect5. Page 25 #l to r
#3 to read: Establish procedures
that could be used t o reduce seismic risk in exi sti ng buildl n9s.3. Page l2 - Masonry Bui I di ngs , I ast sentence to read:A severe
read: Consider vulnerable structures ln relation-
on emergency operat'lons. (footnote to remain)ead: Conslder devel opilg a "balanced rlsk"6. Page 26 #9 to read: eon,faar-afeating a qualified
#10 to read: eonsider ejtabllshing procedures
#3 to read: ConsilGr placlng fault
RESOLUTION NO. 5I.75 "Adopting The Seismic Safety Element 0f The
Burl ingame GeneraT Plan As Amended" ras introduced by Councllman Harrison,
who moved its adoption, second by Councllman Harrison, unanimously car-ried on roll call of member! present.
The City Attorney advlsed he wlll lnsert "As Amended" ln Paragraph 2,
Page 2 of the Resol utlon ln the proper pl ace.
COI'IMUNICATIONS
I. SAFETY ELEMENT OF THE GENERAL PLAN
Under date of July 16, 1975, the Clty Planner forwarded supplementary
lnformatlon about Sources of Emergency l,later Supplles. It was the Planner's
recommendation that the Element be scheduled for revietr at the August 6
study meetlng and publlc hearlng at the regular meetlng on August 18.,-
,125
Flayor Amstrup announced that the Council Budget Committee is contemplatlng
a special study meeting for the Council and department heads; the public
will be encouraged to attend. The meeting has been tentatively scheduledfor August 6.
!.lith respect to the Safety Element, the Mayor recommended that the Council,
between now and the regular meeting on August 4, review the Element
and make notations of revisions considered desirable or necessary. At
the August 4 meeting the Element can be reviewed generally and a public
hearing scheduled for a later date. There were no obiections to the
procedure from the Councll.
The City Planner distributed coples of the Draft San Mateo County Seismlc
Safety/Safety El ement.
2. SUGGESTED IMPROVEMENTS N BURLINGAME PLAZA AREA
A communication dated July 16, 1975, from Steve J. t'lusich and Marcia 7.
Tarbell on behalf of Burlingame Plaza 0wners presented a list of 5 improve-
ments'borely needed to alleviate problems in the area surrounding thePlaza." The communication v{as held for review at a study meeting.
3. REQUEST F0R ENACTMENT 0F HANDBILL qRDIN_ANC_E
Acknowledgment was made of a letter dated July 2,1975, from
Mr. and Mrs, C.A. |'leismann, 1432 Vancouver Avenue, requestinq the Council's
consideration to leglslation that will control distribution of sales
advertising "throw away" papers. The letter was referred to the City
Attorney for research and report at a study meetlng.
4.HAPTN ENU PAR N
Under date of July 17, 1975, the City Manager forwarded a communlcation
from Arnold H. Rodman, Chairman, Traffic, Safety & Parking Commlssion con-
curring with the Traffic Engineer's plan for Chapin Avenue, taking the
number of additlonal stalls on the westerly end and converting to long-
term parking. In an addendum to the communlcation, the City Manager recom-
mended that any Iong-term parking on the street be metered in conformancewith the policy applicable to other all-day parking stalls in the commer-
ci al area.
The Director of
Traffi c Di rector
converted to londelivery to the
The City Attorney
consideration.
Public [,lorks reported that the Traffic Englneer
have recommended that ?5 spaces on the westerlyg-term. The memorandum was not prepared in time
Counci I at thi s eveni ng's meeti ng.
and
end befor
was requested to prepare I egi sl ation for the Counci I 's
CONSENT CALENOAR
I. PARCEL MAPS
Fi nal ParcelLots 16, 17,
Park Uni t No.
Tentati ve Parcel Map bei ng
Easton Addition No. 2 (lOZ
condi ti ons by the Pl anni ng
a resubdivision of Lots 7 and 8, BIock 18,I and 1029 El Camino Real), approved with
Commissioni and
Map
I8
6,
of 533 Ai rport Boul evard,
and I9 of Block 7 and Lot
approved by the Pl anni ng
being a resubdivision ofI of Block 10, Anza Airport
Commi ss i on.
0n motion of Councilman Harrison, second by Councilman Cusick, the City
Counci I unanimously approved the above maps subject to identical con-ditions imposed by the Planning Commission on the Parcel Map for theproperty at l02l and 1029 El Camino ReaI.
?. ENVIRONMENTAL IHPACT REPORT - SAI'I FRANCISCO AIRPORT EXPANSION
A recommendation from the Clty |4anager under date of July 17, 1975, that
an additional copy of this voluminous document be purchased for Planning
Department usein preparatlon of the City of Burlingame Noise Elementof the General Pl an recei ved Counci I endorsement. ,/
426
3. OEFERRED COMPENSATION PLAI{
Analysis and tabulation of eight proposals was forwarded by the City
I'lanager under date of JuIy 17 , 1975. Hi s recommendation that the
materlal be held for review at a study meeting was concurred in by the
Ci ty Counci I .
4. PA&KUtq 0_F IRAILERS AND oTHER_qqU_LlXEXr
The letter from Dale
dated July I 5, 1975,
Council by the City
study meeti ng.
RESOLUT I ONS
he following roll call:
AYES: COUNCIL MEMBERS:
N0ES: C0UNC I L MEMBERS :
ABSENT COUNCIL MEMBER:
ABSTAIN COUNCIL MEMBER:
2, RESOLUTION NO. 53.75 "Authorl z I ng
Perkl ns , Chai rman, Beauti fi cati on Commi ssion,
the above subject was forwarded to the Clty
ger wlth a comment it be reviewed at the next
Ams trup-Harrl son -Mangi ni
None
Crosby
Cus i ck
Execution 0f Agreement For
J.
on
Mana
The City Manager informed the Councll that the Trafflc/Civil Engineer
is doing an extensive study, also Traffic, Safety & Parking Commlssion
has been asked to comment. I{hen their input ls available, the Beautlfi-
cation Commission letter can be answered.
5. PAVING OF DIRT PAT H I N hIASH I NGTON PAR K
A request from Richard T. Perry, 601 Concord l,lay, dated July l0 ' 1975for black-top in the dirt path (350 feet) in t{ashington Park extendlng
from the northwest corner of the tennis courts to the paved path
near the southwest corner of the basket-ball court (northeast of the
Ameri canJuly l5,project.
Mayor Amwill be
Leg
197
Co
s tru
cons
ion Hall) was forwarded by the City Manager under date of
5, with the comment that this wou'ld be a desirable q[or
unci lmen Harri son and Mangi ni i ndi cated concurrencel--p, Chairman of the Council Budget Commlttee, announced lt
i dered i n on-goi ng budget studl es .
. RES0LUTI0N N0. 52-75 "Authorizing Execution 0f Agreement tlith
eeltesForPre.ArchltecturaIFacllityPlanningPolice Station)" was introduced by Councilman Harrison, who moved
ts adoption, second by Councllman Mangini and declared carried on
I
R
(
it
Bi centenni al Acti vl tl es " was
moved its adoption, second bY
ried on roll call of members present.
i ntroduced by
Councilman l'|
Counci lman Harri son,
angi ni and unanimousl
whoy car-
MEMORANOUI'I OF UNDERSTANDING ASS OCIATION OF POLIC E AND FIRE ADMINISTRATORS
0n moti on of Counci I man Mangi ni ,
mously carried on voice vote of
authorlzed to sign the agreement
Councilman Mangini commented he
compensated for thelr overtlme,
time off.
second by Counci I man Harri son , unani -
members present, the Ci ty Manager Hasfor the City.
would prefer that administrators not be
neither overtime pay nor compensatory
UNFINISHED BUSINESS
AMUSEMENT PERI,IIT BOGART'S LOUNGE, 261 CALIFORNIA DRIVE
The application of Robert P. Selna, dated June 25,1975, for permit
to offer amusement in the form of black-iack, dice, roulette, etc.,
using play money that can be exchanged for stuffed animal prizes,_
was [resented tb the City Council at the regular meet!ng on JuIy 7,
and continued to this present meetlng to allow the Police Department
addi tional time to complete i ts investigation. 7
427
Mayor Amstrup
dated July 17,
concl uded wi th
to the i ssuanc
Mayor Amstrup asked if the
responded "yes. "
Counci lman l'langi ni suggested
returns from vacation when a
Attorney confirmed that the
wledged the detailed rePort from
, si6ned by Lieutenant James A.
statiment "The police department
the Iicense."
ac kno
1975
theeof
the Chief of
Cl ark. The re
has no obJect
Pollceport
lon
Mayor Amstrup invited comment from
Counci lman Harri son stated, if the
upon a condition that there be no
gimes for food, beverage or cash.
The City Attorney stated that the ov{ner would
this *ele done, with resultant revocation of
of the Alcoholic Beverage Control Board.
the Ci ty Counci I .
permi t i s
transfer o
It b
owi n
unc I
roved, he would
ay money won inapp
plf
insist
the
be gul I ty of
I i cense under
a crime if
regul ati ons
games have been implemented. Mr. Selna
Mayor Amstrup commented this is another situation of disregard forgi'tt reqriationi. The City of Burlingame llunicipal !ode requires
Cou-ncil-app.orii'of i perrit for amusiments of thls kind. He expressed
reluctance to'.ncir.igi-ttris pirticrrlar activity, -not because of the
operiior but the patrons. ie'declared hls intentlon of voting against
the permi t.
Councilman Manginl suggested the perm
the date the operation started. Foll
that the starting date was July l,-Coof the permit toi 3 months from JulY
by the City Council. Motion seconded
approved for 3 months from
advice from the CitY Attorney
man Manginl moved aPProval
75, renewal subiect to review
ouncilman Harrison.
l9yC
Councilman Cusick asked if there ts. an age limit.
that Bogart's is a cocktall lounge where minors are
Mr. Selia stated he had been informed by Clty staff
are not illegal in any sense of the word.
A ro,ll call vote b,as recorded as follows:
AYES: C0UHCIL MEMBERS: Harri son-Mangi ni
N0ES: C0UNCIL MEMBERS: Amstrup-Cusick
ABS ENT C0U NC I L I'lEl'lB ERS : Cros by
e
g
I
I t
b
The City Attorney advised that the Council has denied the application
for amusement permtt by its action.
Mr. Selna reapply after
Council will be present.
cant may reapply.
Mr. Sel na advi sed
not al I owed entrY.that the games
Counci I man
The Ci tythat
f ul I
appli
Cro s by
NEI.I BUSINESS
I . NOTIF ICATION OF PROPERTY USE
The City Attorney asked if the City Councll wished him to undertake
preparaiion of legislation relative to propertl uses-recommended by
Couhcilmen Cusick-and Harrison as the result of the Baskett situation.
Mayor Amstrup suggested that the two Council members meet with the
Attorney to discuss their ideas. l{hen a proposal is in form to be pre-
sented to the Council, this can be done at a study meeting.
2. HERITAGE TREE ORDINANCE
Counci lman Cusick stated
member of the Counci I tomission. She asked that
provi si on. The reques t
thi s I egi sl ati o
appeal a decisl
the ordinance b
was referred to
n makes no provision for
on of the Beautificatione amended to include such
the City Attorney.
a
Com-
a
{
425
3. SAN FRANCISCO AIRPORT
Counci lman Cusick stated that the airport has not installed noisemonitoring equipment mandated by the State in 1968. She asked thatthe Councll authorize letters to every jurlsdictional body concernedrequesting they not certify the Envlronmental Impact Report untilthe requ i rements have been sati sfi ed .
The City Planner reported
went to the Mills Estates
where the equipment was toto withhold action at thisinvestigate further.
that he and the
some months ago
be installed.
time unti I he
Chi ef Bui ldi ng Inspectorto check the I ocations
He requested the City Council
has had the opportunity to
4. RECR AT D E PARTMENT
Councilman Mangini reported he has received a letter concerning certainfunctions of the Recreation Department whtch appear to require attentlon.
He asked that copies be furnished the City Council and approprlate membersof s taff.
COMMENOAT I ONS
Councilman Harrison recommended that Lois Gast of the Recreation Depart-
ment be formally recognized for her excellent report on this yearrsArt In The Park.
Mayor Amstrup announced that a resolution was sent to Judge Frank B. Blum,
Judge of the Superior Court, San Mateo County, on the occasion of his
retirement, commending him on behalf of the City of Burlingame for his
many years of service.
OVERSIZED HEDGE
The Council heard a report from Henry B. t.lllkinson, l?39 Bernal Avenue,
concernin
been perm
g
i tted to grow to a hel
a hedge on his neighbor's property at l24l Bernal that has
Mr. I.ll I k i nson stated the hedge
Ii
ht that represents a pub I I c nu i sance .nterferes with Iight and sunshlne onhis property. He stated he was lnformed by the City's Park Directorthat the hedge has been classifled "Distlnctive Tree" and cannot be
pruned without the City's approval. Mr. tlilkinson appealed to theCity Council to investigate and to determine if he has the right to askfor the hedge to be trimmed.
Mayor Amstrup requested the City Hanager to lnvestigate and report to
the Ci ty Counci I .
PEN INSULA BANK PARKI I{G
In response to an inquiry from iilayor Amstrup concernin? parking spaces against the wall of the Peninsula Nat
the Di rector of Publ i c t'lorks advi sed these were i nvest
It was determined that I space is entirely within the
the other, 75% within bank property. In accordance wi
agreement wlth the bank, these are legally bank parkin
so designated at the bank's request.
Ii the status of
onal Bank building,gated recently.
ank property;
h the City's
spaces and were
i
bt
g
SPECIAL PARKING COMMITTEE:Mayor Amstrup announced the next meetingto explore Broadway parking.will be held in
TRAFFIC, SAFETY
early August
& PARKING COMMISSION
Mayor Amstrup announced that Robert Podesta and Harry Graham have been
reappointed by the City Councll. The City Manager was requested to
write Miss Christine Keatlng, student member of the Commission, who has
reslgned because of her impending marriage and move to another city,
extendlng the Council's good wishes and appreciatlon for her service
on the Commission.
,i
42t\
ACKN0I'ILEDGMENTS
l. City Planner report of Plannlng Commission2. Pol lce and Flre Departments' Monthly Repor3. Minutes: Park & Recreation Commlssion, JuTraffic, Safety & Parklng, July 10, I975.
Council Study I'leeting Notatlons' July 9' I975. -4. Mrs. Carroll iownshend Fugltt, Jr., lSll Sebastlan Drlve' 'l etter of
of July 3, 1975, express{Dg appreciatlon for stop sign at
Sebas ti an/Mari posa i ntersect l on.5. M1s. A. Hansen, 'l etter of July ll, I97S, concerni ng Beauti fi cati onCommission denlal of request to remove Bunya Bunyi tree from herproperty at 1540 Newlands Avenue.6. Copy of San Mateo County ordinance adopted July 1,1975, requiringposting of prices of motor vehicle fuels.7. Blingum Inn Teen club, Eurl ingame Recreation Department semi-AnnualFinanclal Report January l - June 30, 1975.
APPROVALS
0n motion of Councilman Cusick, second by
!99, !935 through 10,000 and 3005 through$462.734.43, duly audited were unanimously
meetlng July 14, I975.
ts , June, 1975.ly 8,
Counci l man Harri son, l,larrants
3100 in the amount of
approved for payment.
Nos. 10345 through ll,080Payrol I for the month of June, 1975, Checksin the amount of $315,056.75 was approved.
ADJ0URNMENT: At l0:20 P.t4.
Respectful ly subml tted,
HERBERT K. UHITE, CITY CLERK
gV 6.r.2r..,-ri,1J/./ZDeputy Aity TTeF-
/o