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HomeMy WebLinkAboutMin - CC - 1974.09.03:l 1), CALL TO ORDER PLEDGE OF AILEGIANCE TO THE FLAG: Led by Gera1d A. Nordstrom, Chiefffi ROLL CALL Present : Absent : councilmen 3 councilmen: llms trup-crosby-Cus ick-Harr i son-Mang ini attinvi Septbea None The ninutes of the meeting of August L9, L974, previously submittedto the city Council , were approved and adopted. CITIZENSI PETITION FOR STOP SIGNS LINDEN,/LARKSPUR, LINDEN ,/I'IORRELL INTERSECTIONS !tr. CarI Gaither, 900 Linden Avenue, and several of his neighbors hrere present in connection rrith their petition submitted to theCity Council at the last meeting, August L9, L974, for stop signshe above locations. Following a brief discussion, Mayor Crosbyted the group to attend the Council's Etudy meeting on l{ednesday, ember lI, when the Police Department's traffic study report will vai.Iable . PROPOSED ROUTE 380 PORTOLA FREEWAY ur. Rona1d Bacon, member of the Board of Directors of Sane Transpor-tation on the Peninsula (STOP) addressed the City Council citi.ng adverse meteorological effects on the City of Burlingame if the free- way is constructed. He discussed engineering designs involvingr acut across the mountain top at Sweeney Ridge, and read from a letterwritten by James A. Thrasher, National weather Service, Sacramento, commenting on increaged gunrner winds and fog and lowered temperaturesacross parts of Hillsborough and San Bruno that could result lrerethe cut to be made. Mr. Bacon asked that the City Council, if itfinds merlt in Mr. Thrasher's statements, urge the County Planning Corunission and the State Department of TransPortation not to Proceedwith the proj ect. PETITION REQUESTING REMOVAL OF STOP SIGNS SEVEN (7) "t'INTERSECTIONS, TROUSDALE DRIVE councilman Harrison suggested the audience be informed that the above item, *5 on the agenda under Cornrnunj.cations , wdll not be considered until the meeting of september 16. Mayor Crosby explained that the Council learned at the August 27 study meeting there was a petition forthcoming, and the SePtember 16 date was agreed upon at that time. He Pointed out also that, in addition to the petition received by Council with the agenda material for this present meeting, three (3) other petitions were filed this evening, none of lrhich have been reviewed by the Council. In the discussion that follot ed, it developed that a number of vitally concerned resl.dents would be unable to attend on the l6th because this is a religious holiday. other dates I ere suggested until there was agreement on Monday, November 4. With Council concurrence, Mayor Crosby announced that the Petitions will be before the Council at its regular meeting on that date. A regular meeting of the Burlingame City Council was called to order on the above date at 8:25 P.M., Mayor william J. crosby presiding. Burlingame, California september 3, L97 4 MINUTES 2+() BIDS: ROOF REPAIR BURLINGAUE POLICE DEPARTMENT Contractors' bids for the above lrork, opened on wednesday at 2:00 P.It{., August 28, L974, were declared as followss TOTAL BID $9 ,500.00 In a comnunication dated August 29, L974, the Director of Public works recommended award of contract to the lowest responsibJ.e bidder, Izmirian Roofing and Sheet Metal works. The City uanager concurred in the reconmendation in an addendum to the communication. Izmirian Roofing and Sheet Metal worksSterling Roofing Company, Ace Roofing company Engineer ts Estimate RESOLUTION NO. 51-74 Police DePartment, aI S8,926) was introduc Eecond by Councilman s8,926.00Inc. 9 ,187.00 9,860.00 ob ed H "Awarding contract Roof Repair - Burlingame No. 74-11' (Izmirian Roofing & sheet uetal by Councilman l,langi.ni who moved its adoPtlon, arrison and unanimously carried on roII call. HEARING OFFICE -WAREHOUSE BUILDING, RO LLINS ROAD AND NORTH CAROLAN AVENUE Application filed by Maury Kolos (Craighead DeveloPment Co-mPany) , fi} parX Boulevard, Millbiae, for special permit to exceed 30t land coverage .in construction of office-warehouse building at the above location. Mayor crosby acknowledged a communication from the city Manager, aufust 29, ig74, transmitting city Planner's data on the project' i"'tri" report, itre City Planner slated he was unable to recornmend ilpi-var.' Five (5) siie plans have.been reviewed, but the project siiU doe" not satisfy City of Burlingame regulations: -.-Application is inaclurata, lot width is 139 feet not 140, Property ownership is uncertain,pif'fere'nce of opiirion exists betueen applicant and staff as to office floor area,Traffic problems t{i1l be created on North Carolan Avenue (meraorairdum from Chief of Police and Director of Traffj'c), Insufficient parking . At the chair ts invitation to conunent, the city Planner stated that a Negative Declaration was preparedr.File No. 44-P. He quoted in"i6tro. oReasons for a Conclusion (E.I.R.not required): -Anoif i".-"r.r"house is compatible with existing light industrial uses if it satisfiea parking needs and other M-l District regulatlons. " With reference to ownership, the City Planner rePorted that a tele- phone call to the county aisessor's office revealed the oh'ner of iecora as Sanjaylyn c,/o Arthur J. Fritz, Jr., San Franclsco, .o"tr".V to tf,e- alplication for special permit, which showed carl Spirks, PropLrty owner, and llso the letter of July 29 to the ciiv ci"".ii it.i.it-ur. sparks-as orner authorized the appllca- tioi f i,fea by l.rr. Kolos. itre City Planner stated he understood that the app-licante are no$, PrePared to clarify this. In further cotnment, the city Planner advised that the site plan is not clear as to amount oi space that is office, and is inaccurate as to width of lot, there i3 more development proPosed on the pioperty than the ProPerty has sPace to acconnodate. Parking is i.ii.i.i,t by rrro (i) ipac6s, and the project will create traffic on North Carolan Avenul. It was his iecommendation that the hearing be continued for two weeks for the applicant to attempt to refine his proposaL in the areas questioned by staff. I{ayor crosby recognized Mr. Kolos who confirmed that the owner is CONTRACTOR ROLLINS ROAD LTD. , PROJECT Sanjaylan, a partnership, Arthur J. Fritz, Jr., general partner. A letter handed to the City Clerk sLgned by Mr. Fritz authorizedMr. Xolos to proceed as applicant in the matter of the specialpermit. Mr. Kolos furnished the City Attorney documents relativeto title to the property. After hj.s perusal , the Attorney informedthe Council that the application for special pernit does not show legal, descri.ption of the property. He must assume, then, that thetitle report, which refers to two parcels by metes and boundsdescription, refers to a Parcel E on a prior parcel map. The City Attorney stated he was informed by the City Planner that Parcel Eis the subject of the application. Title papers shor., Sanjaylan ovrner on August 24, L973. Mr. Kolos stated that everything possible has been done to pleasethe Clty Planner and City Engineer. Parking and landscaping have been changed, and the building reduced in size. Site Plans were revie$red by the City Council. The City Planneridentified dimensions at variance with the parcel map of record. Councilman Harrison's motion to delay further consideration to the meeting on September 16, Mr. Kolos to meet with staff in the mean-time, vras seconded by Councilman Amstrup and unanimously carried. COMMUNICATIONS I. APPEAL HEARING SCHEDULED In a cotnmunication dated August 28, L974, Julian N. Basin, 1709 Croner Avenue, Uenlo Park, acting in behalf of Mike H.T. Chu, appealed the decision of the Planning Corunission in denying anapplication for special permit for a retail sales establishment inthe industrial district at 1515 Rollins Road. The City Planner informed the Council that lttr. Chu is operating atthe RollinE Road addreEs and has a sign display. I{ayor Crosby acknouledged Mr..Basin. Mr. Basin explained thatthe building was leased by Mr. Chu primarily rrith the intentionof importing and exporting goods at wholesale. He purchased carpeting to shlp to Taiwan but due to a series of circunstances, exce*d,vely high duty as an example, found that he was unable to dispose of the carpeting. For economic reasons, he has been attempting to sell part of the trenendously large inventory that cannot be shipped as yet. Mr. Basin stated that Mr. Chu intendsto leave for Taiwan shortly in an effort to arrange for deLivery. He hopes to be able to operate the retail outlet for perhaps 90 days. A question was raised concerning a business license. t{r. Chuindicated he had the license. The City Attorney stated that an applj.cation was filed and circulated by the license collector through the variouE departments. It was then that the Planning Department rras alerted and Mr. Chu informed of the requirement fora special permit to engage in retail business in the industrialdistrict. At the Planning cornniEsion meeting it was determinedthat Mr. Chu rras in businesS; the commission appeared to be sympa-thetic on a temporary basis but denied the permit. The CityAttorney stated there could not have been a business licensej.ssued until the zoning matter hras decided. With Council concurrence, Mayor Crosby ordered the sign removed andretail sales hal.ted. The appeal htas set for hearing before the Council at its regular meeting on septembet L6, L974. 2. ENTERTAINMENT PERIT{IT, PRIMROSE LANES Under date of August 8, L974, Thomas Henderson, President, Primrose Management corporation, requested a permit for public dancing on the premises at 1340 Howard Avenue. 2-11 )J-) Health, Fire and Police DePartments' rePorts lrere filed. There was no objection from the [ealth Department. Initially, the Fire Department conditioned approval on the front exit door being changed to swing outsrard and equipped with panic hardware. In a subsequent communication, August 23, the fire inepector reported the changes were made as requested. The Police Department report, August 15, stated that Mr. Henderson anticiPates having a three-Piece combo playing folk-soft rock tyPe of music on Friday and saturday from z:ob p.t*1. to I:30 A.M. The musicians wlll be situated at the dance floor of approximately 13 feet by 18 feet in the cocktail Iounge. the Polile DepartmEnt found no objection to the Permit. Councilman A$strup shor ed a hand-lettered Poster he discovered on Burlingame Avenue advertiEing the dance and announcing "Minors welcome. r' I'tr. Henderson disclaimed responsibility, informing the Council that minors will not be admitted. chief of Police Nordstrom asked if the band and dancing will be restricted to the cocktail lounge. Mr. Henderson stated that out- side of the lounge there i3 a large room where PooI tables are available; the t;bles occupy only part of the room. It is intended to convert the unuied aiea to a dance floor. A wall will Eeparate the room from the lounge, and a guard- on -duty .wilI prevent ""fry ot minors. Also, a tempoiary plywood waII four (4) feet in treigitt will be installed betwlen the pool room and the dance floor whei dancing is in Progresa. Further, in.response t9 tle Chlef of Po1ice, Mr. Henderson itated the license issued by the DePartment of Alcoholic Beverage control permits liguor to be served on the premises; there are no restricted areas. The chief of Police, resPonding to Mayor Crosby, stated that he and his investigating tearn uirderstood that dancing uould be confined to the cocktail lounge. A Department of Alcoholic Beverage Control form Licensed Premises" was handed to the Mayor. The billiard tables area, four (4) foot high fence, and 13x18 dance floor in the cocktail lounge. Councilman AmstruP stated that the permit for dancing in the cocktail Ly Mr. Henderson and shown in the Presumably ' the Police DePartment room. olice DePartment aPProved a ounge, not the area descrLbed agrarn just furnished the council. d-not consider this additional There r,ras agreement by the Council to return the application to the p"ii." Oepaitment for'further investigation. Councilnan Cuslck aeked that council be furnished copies of the diagram' Mayor crosby announced a continuance to the meeting of September 16' "Diagram of form showed pool,/ proposed waII, PIdidi 3 ENTER TAINMENT PERMIT - COUNTRY ROAD An application, August 16, 1974, for " live" entertainment and dancingt at dha cocktail lounge Country Road locatecl at 1425 Burlingame Avenue was filed by Frank P'erez, orrn;r-operator. The conununication reported: i""rs "f oplration 4:00 i,.U. to 23OO A.M. until on or about SePtem- ber 1 when lunches will be served and the hours changed to 11 :00 A.M. to 2:00 A.M.i "securityn stationed at front and rear entrances and on ttre floor wlll assuie non-entrance to minors and continual cus- tomer control. The comnunication included a resune of l{r. Perez's prior experiences ae club owner-oPerator. A report from the Health DePartnent, August 22, L91 4, indicated no objeition to the permit. Fire oepartment, Auguat 27, recommended .ppi"vii subject io Eidewalk being cleared of barrels that extend ilirm tte buiiaing, and removal of all locks excep! palig-hardware from both exit d6ors. Police DePartment, August 28, L974, had no ob j ection . Mr. Perez was Present. In reaponae to Council inquiry, he confirmed 2 _t ot) 4. TINAL PARCEI, MAP, 545 AI.I,TER ROAD A communication from the Director of Public works to th August 29, L974, advised that the Planning Commission a meeting unanimously recommended City Council approval ofiled by Pacific western contractors, Inc. eCtifr ity Manager,ts August 26 he nap Councilman cusick asked if the proponents have demonstrated proof of ownership. she stated she was informed by the county assessor'soffice that the owner of record is Medmac, Inc. Robert E. church, representing the proponents, reported there is a purchase contractwith Medmac signed by the ucLaughlins, principals in the corporation. Mr. Church stated the contract will be made available to the city Attorney in the morning (l{ednesday, September 4). councilman cusick stated there have been comments that pressure has been put on sone people to sell their properties. She askedif there are any circumstances uhereby the city nd approve a parcel map. The City Attorney responded that in the case of this map, where there are no public improvements, no discretion lies r.rith the City council once there is conformance with local ordinances and the subdivision Map Act. A motion by councilman Amstrup accepting the Final Parcel Map, being a resubdivision of Lot 12 and a portion of Lots 11 and 13, Block 8, Map No. 2 of the Property of Burlingame Land Company, datedJuly, 1974, prepared by Frahm, EdLer, Cannis, Consulting Engineers,for Pacific western Contractors, Inc., was conditioned upon staffreceiving verification that Pacific western contractors, Inc., holdstitle to the property. The motion was seconded by Councilman lt{angini and unanimously carried on roII call . 5. BURLINGAI{E APARTMENTS, PENINSULA AVENUE AND DWIGHT ROAD Lots 1A & 2, Block 31, Lyon & Hoag Subdivision. zone: !-.1 A memorandum from the City Planner to the City fitanager dated August 29, L974, concerned an application to the City Council forspecial permit to construct an apartment building at the abovelocation. In his comnunication, the City Planner stated that the applicantrs preliminary plans received tentative approval ,April 14, L974. At that time a building permit could have beenissued. Subsequently, the Council enacted Interim Urgency Zoning Ordinance 1013, JuIy 15, l9T4rrequLring a special permit forbuildings or structures exceeding 35 feet in height in the R-3DiEtrict. The proposetl bullding is 40 feet in height and requiresCouncil's approval. The communication stated further that the Planning Department is 5.mpressed with the project design, its thoroughness, and the professional method used for its presentation, and conveys its unqualified recommendation to the Council to approve the proj ect. Attached to the Planner|g conmunication r,rere: 1. Applicatlon for special permit filed by collier/zabaldo., 150 Green street, san Francisco. Property ot ner! cozA (partnership). 2. Environmental Assessment nherein it was stated there is a small single f,amily one story residence on the southlrest side of theproperty. Rest of the lot is flat with no structures and littlevegetation. Proposed Improvements: Demolish existing house and erect 14 uni.t, 4 story apartment project.3. Negative Declaration processed by City Planner. Determination: Project trill not have significant effect on the environment. Reaaons for Conclusion: This project satisfies all regulations ofthe R-3 residential density policy of the adopted General Plan. that music wilt be available for dancl.ng nightly from 9:00 P.l{. to 1:30 A.M. A motion by Councilman Harrison approvlng the permit for a period of six (6) months, renewal subject to revierr, was seconded by Council- man Amstrup and unanimously carried. 214 It will have positive effects upon the immediate neighborhood; betterment and beauty. Copies of project plans were furnished the City Council. Patrick Zabaldo, project architect, was present. The City Attorney, in response to Mayor Crosby explained that the application is an exception for height under an emergency ordinance. It need not be set for hearing but can be heard at this time if the Council so desires. The city Planner identified location as cater-cornered from the chevron station at Peninsula and Delat'rare in the city of san l,!ateo. Mayor Crosby stated the tuo lots have been the subject of numerous applications. He felt that the development would be of advantage to the city. councilman Harrison asked the city Planner if it tdas correct that the first row of properties on Peninsula going lrest from Dwight are R-3 to the railroad tracks, that just behind is R-I, that the only R-3 in the area is the striP along Peninsula and that these are the last two unimproved lots fronting Peninsula that are R-3. The City Planner responded in the affirmative. Councilman Amstrup moved apProval of the special permit application for Burlingame Apartments, Dwight Road and Peninsula Avenue. filed by coltier/zabatdo. For the benefit of Mr. zabaldo, Council- man Amslrup announced that the council exPects the finished building to conform to plans submitted and accepted by the Council, plana not to be changed unless approved by the city. The motion rras seconded by Councilman Mangini and unanimously caried on roll caIl. 6. TRAFEIC SAFETY AGREEMENT IDENTIF ICATIO N AND SURVEILI"ANCE OF ACCIDENT LOCATIONS Under date of August 29, !974, the city Manager advised that the State office of Traffic Safety has adequate funds to undertake studies for cities to improve traffic safety and offers an Accident Identification ind Surveillance study for an amount of $3Or0OO. The communication stated there will be no cost to the city other than staff administrative time, and that the city has onli a general conmitment to do what is reasonable to follow and coniidei results of the study on an evaluated priority basis. rt rras the city Managerrs recommendation that the project be coordi- nated with the office of Traffic safety uslng their grant money. Attached to the communlcation lras a comPlete set of documents detailing the project. In response to an inquiry from Councilman cusick, the city Manager explained this grant -is entirely different from the grant awarded th; Pol.ice Department earlier in the year for a traffic safety enforcement program. Councilman Amstrup asked if accePtance of the grant lrill comnLt the city to implement changes recommended in the study. - The City laanlger stated that thi agreement imposes no specific commitment, that the intent is to provide general guidelines to assist cities. councilman Mangini asked if additional help will be emPloyed. Staff reported this irill not be necessary. with Council concurrence ' Mayor Crosby authorized the City Manager to proceed with the applicatlon. 7. UNIFORII{ ANIMAL CONTROL ORDINANCE A draft of proposed legislation recommended by the San Mateo County council of Mayors to be enacted by all cities was forwarded to the city council Ly the City Manager under date of August 29, L974. ,l The Council concurred with the Managerrs recommendation that thematerial be referred to the City Attorney for review and brought tothe next study meeting . 8. EXTENDED TRAFFIC IMPACT STUDY FOR ANZA AIRPORT !,IASTER PLAN In a comunication dated August 29, L974, the City Manager presenteda letter from JHK & Associates, August 6, L974, addressed to theDirector of Public Works concerning the above subject. The City Council agreed rith suggestions noted in the City Manager'sletter: (l)That Anza Pacific'a letter of August 6 be answered, that Anza be informed that the proposed study by JHK & Associates isconfined to traffic matters that r{i1l arise from Anzars project and,therefore, should be their obligatibn; . (2) That Item #6 "Determinationof futrpact of other generators in the study area" be eliminated, there-by possibly reducing the cost to some extent. 9. DEFERRED COMPENSATION Planned Equity Corporation proposal submitted by the City Manager under date of August 28, L974, was referred to September study meeting.During a brief period of discussion, Uayor Crosby Btated he dis- covered in talking with some employees they kne!, nothing about thesubject. He suggested a letter of explanation to every employce. Councilman Amstrup felt that companies attempting to sell the pro- grams should make the information available. The City Attorney reported receipt of a third plan prepared by creat Western Savings. The Attorney informed the Council that-he verified. j) there must b perhaps four heads, the y e al.ternative plans in a deferred compensatio n progr.r.m,f departmentt in the not (4) or five (5), thereby meeting the oung man, and the people looking to re eeds o iremen nt ettoo diEtant future. The City Attorney reported thadvises that the present accounting system doeg no Director of Finance have the capacityto handle payroll data required in a deferred compensation situation. The City Attorney stated he refeEed ceorge Braden and the Great Western representative to the Director of Finance on matters relatingto accounting procedures . Follorring a comment from the City Attorney that the agents with whomhe spoke indicated willingness to canvass employees, the City Manager vras requested to approach the cbmpanies. 1o.DON THE BEACHCOMBER RESTAUR,ANT Under date of August 28. L974, the City Planner transmitted materialrelative to the above project. In his communication, the City Plannerreported he suggested to BCDC staff that they recomnend for their com- mission consideration the condition that the public access easementwith the shoreline path be acceptable to the Burlingame City Council. The City Planner requested Council's consideration to Exhibit 1, SiE Plan, Ehowing the place rdhere the shoreline path comes to an abrupt end, a 25 foot wide driveway is all that is proposed to be included. Councilman Harrison referred to a statement "This easement has been blocked by an unlicensed valet parking operator hlnderi.ng passage ofpublic vehicles," Item 2 on the sheet titled "Memorandum on Don The Beachcomber Project.'t The City Planner indicated the problem had been resolved. The City Attorney stated if this is an operation engaged in the business of valet parklng, the operators would bereguired to obtain a business license. The City Manager $ras reguestedto investigate. George Keyston, President, Anza Pacific Corporation, stated thatparking requirements for restaurants should be made more realistic. Current requirements are too lenient. 24t) 11 . COMII{ISSION VACANCIES A letter from the city clerk dated August 26, L974, advised that terms of Health, safety & Traffic Commissioners Joseph A. Aliamus and R.c. Theuer expired on August 6, 1974. In an addendum to the communication, the City Manager advised that Ur. Aliamus is wi).ling to serve again. With.Council concurrence, llayor Crosby confirmed Mr. Aliamus's reappointment. The City Manager was requested to invite Mr. Theuer to fill a vacancy on the Parking Cormtission. ORDINANCES I.oRDINANCE No. 1015 "An Ordinance of The City Council Of The City Of -E11ffingfiA:fiffii zing An Amendment To The Contract Between The city coun;il And The Boa;d of Administration of The California puUiic Employees' Retirement System* (Retirees) was given its second reading. on motion of Councilrnan llmstrup, second by Councilman Uangini and unanimously carried on ro11 call, said Ordinance Passed its second reading and was adoPted. 2. oRDINANCE No. IOIT "Amending Sectl'on 13.08.040 (d) (Green curb Mark read said n9s o T e Bur ng ame lr{unicipal Code" was given its second ing. On motion of C ouncilman AmstruP, second bY councilman Mangini , ordinance passed its second reading and was unan imously adopted on ro11 caII. RECONVENE: ['ollowing a recess at 10:45 P.M., the chair called the meeting to order at l0:55 P.M. UNFINISHED BUSINESS I. PARK 9LAZA TOWERS:PACIFIC hIESTERN CONTRACTORS ,INC.,DEVELOPERS At the neeting of August 19, 1974, the City Council considered a i"q"-"t from fhe aboie firm to approve changes made in two town- hotise floor plans in Park P1aza Towers Condominium -Apartments "iifr"ut the city's permission. Because there were four of the five council memberE prelent at the meeting, and there was a possibility of a deadlock if a vote were taken, the matter h'as continued to the present time . Mayor Crosby recognized Robert E. Church, Project I'{anager, who reterred to plans and overlays furnished the Council at the prior meeting. councilman Harrison, vacationing at the time of the prior.meeting, isked for clarificaiion on the changes. litr. Church exPlained that the first and second floor unit was changed by converting first floor to a common area of the building, the second floor became a one bedroom aPartment. on fifth and sixth floors, tr"o units originally in vertical pLane were redesigned to horizontal by erifrinatiirg two (2) stairways; additional surface area was distributed throughout the two units. In response to Mayor crosby and councilman Mangini, lrlr. -church con- firmed that the sixth flooi horizontal unit has been so1d, and there is a reservation for the fifth floor uni't. councilman Harrison suggested that tentative sales must have been *ia. i"." time ago. ui] churctr stated that sales were handled through the marketing entity, that design modifications were start6d in ttay, but fhe matter did not come to his attention until J"fy U.."o"e 6i a communication gap. For that reason, the develoPer did not come to the city earlier. council,man Harrison referred to comments of the city Attorney at the meeting on February 5, L973, to the effect that !'here a UuifAing p6rmit is gra-ntea on speci.f ic plans the building, lawfully, cannot 6eviat" from such plans except as apProved by the city' i""".if."" Harrison suggeited that lhe developer had knowledge of the proposed modifications in sufficient time to come to the city. In response to his inquiries, ur. church stated that developer appeared before the Planning Commission in July but rras referred to the City Council, that the work had not been stoPPed by the buildi.nq department when the develoPer rrent to the commission; it ltas stoPPed when waII studs, plumbing and electrical distributions and sheetrock were in place; the unita were finished to the point of painting. councilman Ha$ison commented that the City Council has a responsi-bility to a1l of the people of BurJ.ingame, that he was displeased with what has taken place, and felt that the builder was made aware during the lengthy review of his project that any changes in plans had to be approved by the Council . He stated it was not his intent to make an example but believed that the law applied to everyone on an equal basis. The City Attorney informed the Council that it has before it an application for amendment of a map; the alternatives are to approve the amendments or refuse to approve. He stated that the developer first cane to.the:CouirciL solely.for the purpose of obtaining a height variance. An agreement between develoPer and city for theproject was reduced to rrriting, the Council had before it a site plan, typical second, third, fourth, fifth and sixth floor Plans. These were incorporated in the agreement, and it is on that basis that the Council finds the city Attorney's statements that the developer could not build contrary to the agreement. The developer has breached the agreement. If the Council looks to this concept only,aIl the authority the builder received from the Council eras tobuild higher than he would be allowed to had the special Permitnot issued. the Attorney explained lt is not an unusual practice for developers to file arnended condominium maps after a structurels bullt to have the record map in the recorder's office conform to the atructure as built. In this case, site plan did not change, density did not increase, there were no changes in exterior dimen- sions, nor additional parking required. The Attorney expressed the opinion that, despite the developer's breach, it would not be too difficult for Council to find its way clear to approve the amended map in view of the fact the changes that took place areinternal and do not in any way affect the consideration that the Council had at the time the permit rras granted. Councilman Harrison referred to a suggestion noted in the minutesof the August 19 minutes to a system of fining. Ee asked if therei{ere other types of penalties. The City Attorney stated that a certificate of occupancy need notissue. He conmented that if Council refuses to amend the map, the developerrs reaction is unknown, rrhether he would make the building conform to the plans that were approved. If the Council decided to sue for breach of contract, and there appears to be clear breach,the City Attorney advised he did not know what the Council's meaEure of damages would be. Councilman l.tangini stated he had mixed emotions; he felt that the Council had been treated shabbily. He asked if there was a fee of some sort the city could lmpose for staff time spent on such matters. Councilman cusick stated her position that internal changes have takenplace. There are now trro (2) I0x12 closets or storage rooms in theupstairs units that could become bedrooms. on the first floor, the converted area could become the 45th unit. AII of these potential uses could increase density and create the need for more parking. She stated that this matter was reviewed by the Council over aperiod of three (3) nonths, every aspect consldered, and the Council'sdeaires spelled out clearly. She referred also to the redwood treethat was to have been preserved on the site but rras removed. Mr. Church stated that the unit on the first floor is dedicated tothe homeowners associatlon as cornrnon areai conversion to J,ivingguarters would require the association to have gas and electricmeters insta]led. Storage areas on the upper floors have no windows, being typical closet areas. 2,+7 2+.t Mayor Crosby concurred with councilnan Mangini that the Council had been treated shabblly; however, the Permit was granted on the height factor, changes have not affected density nor parking and, in his opinion, the project is an acceptable addition to the city. Councilman Haffison stated to condone the develoPer's actions will be precedent setting, will have a detrimental effect on the city and the small property ordner who attemPts to conforn to the rules. AYES: COUNCILIIEN: AnstruP, CuaLck, NOES: COUNCILUAN: Crosby ABSENT COUNCILMEN: None Harrison, Mangini 2. MILLS ESTATE II{EDICAL CENTER r828 EL CAMINO REAL Councilman Amstrup stated it was his suggestion that the matter be continued until this time for a full Council hearing, that it t as his feeling at the Iast meeting that if a vote had been held it may have risulted in a stalemate; this type of decision lackinq a majority vote of the Council would be no decision at aII. As lras veiy aeiinitely pointed out at the last meeting, the Council is being asked to- approve changes "after the fact. " In spite of the fact that it was ipelletl out in the minutes of February , L973, that if the building permit was issued, the work had to be done exactly as stated wittrout Changes and in a6cordance with all codes. The conditions under rrhich this building permit was issued have been breached, no one should receive special treatment and be allowed to deviate from a special permit unless there is prior approvat from the city. councilnan AmstruP stated he uould be less sivere in criticizing- if the Party involved rras not previously informed of the conditions and was not knowledgable of law as a contractor. To allow this violation would in effect Penalize those who abide by and obeY the law. Councilman Amstrup moved that the Council reject the develoPer I s request for amendment of the map and. that he be requested to return hi; building to comP1y with the original plan as accepted by the City of Auriingame in- l9?3. Motion seconded by Councilman Cusick. on the question, Mayor Crosby asked if every c!1!9e a.small- contrac- tor or in individual nakes must come to the building inspector' The Director of Public works read from the uniform Building code, l9?D Edition, Page 28, section 302.A, second paragraph,-as follows: "when the Building oificial issues the Permit, he. shall. endorse in writing or s tarn! on both sets of plans and specifications "APPRoVED: " such lpproved plans and sPecificati.ons shall not be changed, modified, oi afterla eithout luthorization from the Building Oiii6f.i, and aII work shall be done in accordance with the aPProved planE. " A roll call vote on the motion was recorded as follows: At the city council meeting on August-Ig, L914'. Edward H' de wolf 'li.iit..t,'alpeared l"-ai"6""" chingeii made without consent of the C""".if iir pilns approved for the above oroiect' The matter was continued to the Preaent meeting because th6re was not a fuII City council at the Prior meeting. Mayor Crosby recognized Mr. de Wolf who referred to his letter'ilUe il;;;ilb;;-3;--r;;;,';; th' 'iiv councir with diasram attached ;;;id-;h.nges made-in'ti'e p"rxing garage whereby an. area-that ;;;-;;6 iit iarting "ti."" o-" tn" oriqinar plan was.chansed to "iii."-rii!"'. Mr.-d;-w;ri stated tha' the thanse did not reduce parking available to-tiie-lui fding , the two spaces $'ere relocated across the easement. -irre-oiiit"-i" to be ocLuPied- by the building owner, and he probably will etect !9.parX acrois the street in in"-ii".. IeasLd from southern Pacific company ' Mr. de WoIf advised that the Fire bBpartment was concerned with ;;;";; ii"* ita.p"rring-garage and rlquested clranges in the original plan to provide for an exit corridor' 21e After a report from the Chief of the Fire Department, the Council agreed that Fire Inspector Pearson be invited to the next study meeting to clarify his recommendations with respect to the plans. PARKING AT COOLIDGE SCHOOL At Councilman Cusick's request, the matter of eliminating parking on one side of each street bounding Coolidge School, suggested by Jack R. Chappell, Burling€une School District Superintendent, in a Ietter dated August 8, L974, rrras referred to the Parking Commission. CONTRACT WITH DU!,TP OPERATOR A motion by Councilman Harrison to give the San Mateo Disposal Company notice that the City is considering termination of the contract, thereby meeting terms of the contract requiring 30 months notice, was seconded by Councilman Amstrup and unanimously carried on roll cal1. JOINT LEGAL ACTION TO PREVENT DISCRI!,IINATORY WATER RATES In a communication dated September 3, L974, the Director of Public Works reported to the City Manager on an action taken by the San Francisco Bay Water Users Association on Eriday, August 30, whereby its counsel, Thomas Jenkins, $ras authorized to proceed as necessary to enjoin the City and County of San Francisco from imposing dis- criminatory water rates on suburban users. Councilman Amstrup, representative to the Peninsula Water Agency, uras authorized to recommend to that Agency for consideration that, if the City and County of San Francisco expects its suburban users to make up an alleged deficit of $44 million dollars in costs for maintenance of the system, that the suburban usersr ES equal partners take over half of the ownership of the watershed and half of the entire system. A motion by Councilman Harrison expressing the intent of the City Council to join with other jurisdictions in the Water Users Association in a civil suit to be filed by the Association was seconded by Councilman Amstrup and unanimously carried. The City Attorney advised that an appropriate resolution will be prepared for the Council's consideration. E!{ERGENCY EI{PtOYMENT ACT The City Manager reported that further funds are available for the city. There is approximately $24,000 which will be available until the end of March, L9'15. Persons with the necessary eligibility requirements wiII be sought for employment in departments with heavy rrorkloads for this temporary work. PROCLA}IATION Mayor Crosby proclaimed the month of SEPTEI4BER, L9'14, 'UNITED BAY AREA CRUSADE MONTH.,, ACKNOWLEDGMENTS 1. City Manager report, August 29, L974r on Code Violations resi- dential properties. 2. City Planner, August 28, L974, transmitting copies of staff report and Evaluation of Draft Tentative Environmental Impact Report for Anza Master Plan prepared by Charles D. Bigelow. 3. City of Millbrae expression of appreciation for Burlingame's Fire Department prompt response to call for mutual aid.4. Announcement of 100th birthday celebration, September 22, I'lrs. Auguste Barthel, 1105 Grove Avenue. l,tayor Crosby requested an appropriate message of felicitation be prepared for presentation to Mrs. Barthel. 250 5. Announcement of reactivation of Burlingame Jaycees. 6. Minutes: Park & Recreation Cormrission, August 13, Library Board,-TEguEE-2O, 19?4. City Planner report of Planning Commissionactions, August 26, 197 4. fhe meeting was regularly adjourned at 12:30 A.M. Respectfully suDmltted, Z@t*ffirrycrerk ADi'OURNMENT APPROVED: wrLLIAl{ J. CROSBy , rr{AYOR